Amendment by France of public service obligations imposed on scheduled air services between Ajaccio, Bastia, Calvi and Figari, and Marseille and Nice   (Text with EEA relevance)
Date: 2005-06-21
Institutions: European Commission
Subjects: Corsica, Provence-Alpes-Côte d'Azur, airline, services of general interest

21.6.2005

EN

Official Journal of the European Union

C 149/7

Amendment by France of public service obligations imposed on scheduled air services between
Ajaccio, Bastia, Calvi and Figari, and Marseille and Nice

(2005/C 149/05)

(Text with EEA relevance)

1.
Pursuant to the decision of the Corsican regional authori-
ties of 31 March 2005, France has decided to amend, from
30 October 2005, the public service obligations imposed on
scheduled air services between Ajaccio, Bastia, Calvi and Figari
on the one hand and Marseille and Nice on the other, as
published in the Official Journal of the European Communities C 9
of 15 January 2003, pursuant to Article 4(1)(a) of Council
Regulation (EEC) No 2408/92 on access for Community air
carriers to intra-Community air routes.

The amended public service obligations take account of

2.
Corsica's island status and are as follows:

2.1. Minimum frequency, timetables, type of aircraft used

and capacity provided

(a) Between Marseille and Ajaccio

— Frequency

(i) At least three round trips per day Monday to Friday,
except on public holidays; morning and evening, to
enable customers to make a return trip the same day
and spend at least 8 hours at Ajaccio or 11 hours at
Marseille, and one in the middle of the day.

— 1 500 seats per week during the IATA summer
scheduling season (excluding the ten-week period
referred to above).

(iii) In view of the distribution of traffic peaks throughout
the year, due to school and public holiday dates (in
particular All Saints, Christmas, Easter, Ascension, brid-
ging days, and departing and returning summer holi-
daymakers), additional capacities (combined capacity
for both directions) must be offered and agreed in
advance of each IATA scheduling season in a memor-
andum of understanding with the Corsican Transport
Board:

— 6 000 seats to be allocated to peaks during the

IATA winter scheduling season,

— 6 000 seats during a ten-week period from late

June to early September,

— 6 000 seats to be allocated to peaks during the
IATA summer scheduling season (excluding the
ten-week period referred to above).

These minimum additional capacities must be offered
for sale at least two months before the dates of the
flights concerned.

(ii) At

least

three round trips per day, evenly spread

throughout the day, on Saturdays and Sundays.

(b) Between Marseille and Bastia

— The services must be non-stop between Ajaccio and

Marseille.

— Frequency

— The capacity provided must satisfy the following condi-

tions.

(i) From Monday to Friday at least 135 seats must be

provided in each direction, morning and evening.

(i) At least three round trips per day Monday to Friday,
except on public holidays; morning and evening, to
enable customers to make a return trip the same day
and spend at least 8 hours at Bastia or 11 hours at
Marseille, and one in the middle of the day.

(ii) The following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

(ii) At

least

three round trips per day, evenly spread

throughout the day, on Saturdays and Sundays.

— throughout the year, a basic capacity of 5 000 seats
per week, including 700 seats per day on Saturdays
and Sundays,

— The

services must be non-stop between Bastia

and

Marseille.

— The capacity provided must satisfy the following condi-

— to this basic capacity should be added:

tions.

— 2 500 seats per week during a ten-week period

(i) From Monday to Friday at least 135 seats must be

from late June to early September,

provided in each direction, morning and evening.

C 149/8

EN

Official Journal of the European Union

21.6.2005

(ii) The following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

Friday, excluding public holidays, depending on the
opening hours of Calvi airport.

— throughout the year, a basic capacity of 5 000 seats
per week, including 700 seats per day on Saturdays
and Sundays;

— to this basic capacity should be added:

— 2 500 seats per week during a ten-week period

from late June to early September,

— 1 500 seats per week during the IATA summer
ten-week

scheduling season (excluding the
period referred to above).

(iii) In view of the distribution of traffic peaks throughout
the year, due to school and public holiday dates (in
particular All Saints, Christmas, Easter, Ascension, brid-
ging days, and departing and returning summer holi-
daymakers), additional capacities (combined capacity
for both directions) must be offered and agreed in
advance of each IATA scheduling season in a memor-
andum of understanding with the Corsican Transport
Board:

— 6 000 seats to be allocated to peaks during the

IATA winter scheduling season,

— 6 000 seats during a ten-week period from late

June to early September,

— 6 000 seats to be allocated to peaks during the
IATA summer scheduling season (excluding the
ten-week period referred to above).

These minimum additional capacities must be offered
for sale at least two months before the dates of the
flights concerned.

(c) Between Marseille and Calvi

— Frequency

(i) At least one round trip per day during the IATA winter
scheduling season, with a minimum stay of between 7
and 10 hours at Marseille from Monday to Friday,
excluding public holidays, depending on the opening
hours of Calvi airport.

(ii) At least two round trips per day on Saturdays, Sundays

and public holidays.

(iii) At least two round trips per day during the IATA
summer scheduling season, with a minimum stay of
between 7 and 10 hours at Marseille from Monday to

— The services must be non-stop between Marseille and Calvi.

— The capacity provided must satisfy the following condi-

tions.

(i) The following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

— a basic capacity of 900 seats per week throughout
the year, increased to 1 400 seats per week during
the IATA summer scheduling season,

— 500 seats per week should be added to this basic
capacity during the ten-week period from late June
to early September.

(ii) In view of the distribution of traffic peaks throughout
the year, due to school and public holiday dates (in par-
ticular All Saints, Christmas, Easter, Ascension, bridging
days, and departing and returning summer holiday-
makers), additional capacities (combined capacity for
both directions) must be offered and agreed in advance
of each IATA scheduling season in a memorandum of
understanding with the Corsican Transport Board:

— 1 000 seats to be allocated to peaks during the

IATA winter scheduling season,

— 3 800 seats during a ten-week period from late June

to early September,

— 5 200 seats to be allocated to peaks during the
IATA summer scheduling season (excluding the ten-
week period referred to above).

These minimum additional capacities must be offered
for sale at least two months before the dates of the
flights concerned.

(d) Between Marseille and Figari

— Frequency

(i) At least two round trips per day Monday to Friday,
except on public holidays, morning and evening, to
enable customers to make a return trip the same day
and spend between 10 and 13 hours in Marseille and at
least 7 hours in Figari.

(ii) At least two round trips per day on Saturdays, Sundays

and public holidays.

— The services must be non-stop between Marseille and Figari.

21.6.2005

EN

Official Journal of the European Union

C 149/9

— The capacity provided must satisfy the following condi-

(i) From Monday to Friday at

least 60 seats must be

tions.

provided in each direction, morning and evening.

(i) The following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

(ii) The following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

— a basic capacity of 1 400 seats per week throughout
the year, increased to 1 600 seats per week during
the IATA summer scheduling season,

— 1 200 seats per week should be added to this basic
capacity during the ten-week period from late June
to early September.

(ii) In view of the distribution of traffic peaks throughout
the year, due to school and public holiday dates (in par-
ticular All Saints, Christmas, Easter, Ascension, bridging
days, and departing and returning summer holiday-
makers), additional capacities (combined capacity for
both directions) must be offered and agreed in advance
of each IATA scheduling season in a memorandum of
understanding with the Corsican Transport Board:

— 1 000 seats to be allocated to peaks during the

IATA winter scheduling season,

— 3 800 seats during a ten-week period from late June

to early September,

— 5 200 seats to be allocated to peaks during the
IATA summer scheduling season (excluding the ten-
week period referred to above).

— a basic

capacity of 2 500 seats per week

throughout the year,

— to this basic capacity should be added:

— 900 seats per week during a ten-week period

from late June to early September,

— 400 seats per week during the IATA summer
ten-week

scheduling season (excluding the
period referred to above).

(iii) In view of the distribution of traffic peaks throughout
the year, due to school and public holiday dates (in
particular All Saints, Christmas, Easter, Ascension, brid-
ging days, and departing and returning summer holi-
daymakers), additional capacities (combined capacity
for both directions) must be offered and agreed in
advance of each IATA scheduling season in a memor-
andum of understanding with the Corsican Transport
Board:

— 1 500 seats to be allocated to peaks during the

IATA winter scheduling season,

— 4 000 seats during a ten-week period from late

June to early September,

These minimum additional capacities must be offered
for sale at least two months before the dates of the
flights concerned.

— 3 000 seats to be allocated to peaks during the
IATA summer scheduling season (excluding the
ten-week period referred to above).

(e) Between Nice and Ajaccio

— Frequency

(i) At least three round trips per day Monday to Friday,
except on public holidays; morning and evening, to
enable customers to make a return trip the same day
and spend at least 8 hours at Ajaccio or 11 hours at
Nice, and one in the middle of the day.

(ii) At least six round trips in total spread over Saturday

and Sunday.

These minimum additional capacities must be offered
for sale at least two months before the dates of the
flights concerned.

(f) Between Nice and Bastia

— Frequency

(i) At least three round trips per day Monday to Friday,
except on public holidays; morning and evening, to
enable customers to make a return trip the same day
and spend at least 8 hours at Bastia or 11 hours at
Nice, and one in the middle of the day.

— The services must be non-stop between Ajaccio and Nice.

(ii) At least six round trips in total spread over Saturday

and Sunday.

— The capacity provided must satisfy the following condi-

tions.

— The services must be non-stop between Bastia and Nice.

C 149/10

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Official Journal of the European Union

21.6.2005

— The capacity provided must satisfy the following condi-

— a basic capacity of 550 seats per week throughout

tions.

the year,

(i) From Monday to Friday at

least 60 seats must be

provided in each direction, morning and evening.

— to this basic capacity should be added:

(ii) The following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

— a basic

capacity of 2 500 seats per week

throughout the year,

— to this basic capacity should be added:

— 500 seats per week during a ten-week period

from late June to early September,

— 250 seats per week during the IATA summer
ten-week

scheduling season (excluding the
period referred to above).

(iii) In view of the distribution of traffic peaks throughout
the year, due to school and public holiday dates (in
particular All Saints, Christmas, Easter, Ascension, brid-
ging days, and departing and returning summer holi-
daymakers), additional capacities (combined capacity
for both directions) must be offered and agreed in
advance of each IATA scheduling season in a memor-
andum of understanding with the Corsican Transport
Board:

— 1 500 seats to be allocated to peaks during the

IATA winter scheduling season,

— 1 300 seats per week during a ten-week period

from late June to early September,

— 350 seats per week during the IATA summer
ten-week
season (excluding

the

scheduling
period referred to above).

(ii) In view of the distribution of traffic peaks throughout
the year, due to school and public holiday dates (in par-
ticular All Saints, Christmas, Easter, Ascension, bridging
days, and departing and returning summer holiday-
makers), additional capacities (combined capacity for
both directions) must be offered and agreed in advance
of each IATA scheduling season in a memorandum of
understanding with the Corsican Transport Board:

— 1 000 seats to be allocated to peaks during the

IATA winter scheduling season,

— 1 500 seats during a ten-week period from late June

to early September,

— 2 200 seats to be allocated to peaks during the
IATA summer scheduling season (excluding the ten-
week period referred to above).

These minimum additional capacities must be offered
for sale at least two months before the dates of the
flights concerned.

— 3 000 seats during a ten-week period from late

June to early September,

(h) Between Nice and Figari

— 3 000 seats to be allocated to peaks during the
IATA summer scheduling season (excluding the
ten-week period referred to above).

— Frequency: at least one round trip per day.

— The services must be non-stop between Nice and Figari.

These minimum additional capacities must be offered
for sale at least two months before the dates of the
flights concerned.

— The capacity provided must satisfy the following condi-

tions.

(g) Between Nice and Calvi

— Frequency: at least one round trip per day.

(i) The following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

— a basic capacity of 550 seats per week throughout

the year,

— The services must be non-stop between Nice and Calvi.

— to this basic capacity should be added:

— The capacity provided must satisfy the following condi-

tions.

— 1 300 seats per week during a ten-week period

from late June to early September,

(i) The following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

— 350 seats per week during the IATA summer
ten-week
season (excluding

the

scheduling
period referred to above).

21.6.2005

EN

Official Journal of the European Union

C 149/11

(ii) In view of the distribution of traffic peaks throughout
the year, due to school and public holiday dates (in par-
ticular All Saints, Christmas, Easter, Ascension, bridging
days, and departing and returning summer holiday-
makers), additional capacities (combined capacity for
both directions) must be offered and agreed in advance
of each IATA scheduling season in a memorandum of
understanding with the Corsican Transport Board:

— 1 000 seats to be allocated to peaks during the

IATA winter scheduling season,

— 2 500 seats during a ten-week period from late June

to early September,

— 2 200 seats to be allocated to peaks during the
IATA summer scheduling season (excluding the ten-
week period referred to above).

These minimum additional capacities must be offered
for sale at least two months before the dates of the
flights concerned.

2.2. Fares

The following fares exclude distribution costs and per capita
taxes and duties charged by the State,
local authorities and
airport authorities, and identified as such on the air ticket.

— The normal single fare on Marseille-Corsica routes must be
no more than EUR 102, and no more than EUR 107
during the ten-week period from late June to early
September; on Nice-Corsica routes,
it must be no more
than EUR 99, and no more than EUR 104 during the ten-
week period from late June to early September.

— Passengers whose principal place of residence is in Corsica
and who use tickets purchased in Corsica, the validity of
which is restricted to a stay outside the island of less than
in order to make a round trip starting from
40 days,
Corsica, other than resident students under 27 years of age,
must be entitled to a fare of EUR 42 per leg on Marseille-
Corsica routes and a fare of EUR 39 per leg on Nice-
Corsica routes all year round on all flights, without capacity
restriction.

— The following categories of passengers must be entitled to a
fare of EUR 45 per leg, increased to EUR 50 per leg during
the ten-week period from late June to early September, on
Marseille-Corsica routes, and to a fare of EUR 42 per leg,
increased to EUR 47 per leg during the ten-week period
from late June to early September, on Nice-Corsica routes:

(i) young persons (under 25 years of age);

(ii) senior citizens (aged 60 years or over);

(iii) students under 27 years of age;

(iv) families (at

least

two members of

the same family

travelling together);

(v) disabled persons.

In respect of at least 50 % of daily capacity in each direction
on each route, carriers must authorise the sale of tickets at
the above fares to the above categories of passenger
without any restriction whatsoever until the last seat avail-
able has been sold.

For the above categories of passenger, and for residents of
Corsica, carriers may require tickets to be issued and paid
for by a deadline proportional to the period of advance
reservation, in accordance with a table drawn up for that
purpose.

If an abnormal and unforeseeable increase in the cost factors
affecting the operation of the routes takes place for which the
carriers are not responsible,
these maximum fares may be
raised in proportion to the increase. The new maximum fares
will be notified to the carriers operating the services and will
apply within an appropriate period. They will also be commu-
nicated forthwith to the European Commission for publication
in the Official Journal of the European Union.

2.3. Continuity of service

Except in cases of force majeure, the number of flights cancelled
for reasons directly attributable to the carrier must not exceed
1 % of the number of flights, other than additional flights,
scheduled in any IATA scheduling season.

In accordance with Article 4(1)(c) of Regulation (EEC) No
2408/92, any carrier intending to operate any of these routes
twelve consecutive
must undertake to do so for at
months.

least

The carrier may discontinue these services only on the first day
of an IATA winter scheduling season, and only after giving at
least six months' advance notice.

Community carriers should be aware that operation of these
routes without complying with the public service obligations
mentioned above may, in addition to incurring the stipulated
administrative and/or legal penalties, lead to their being banned
from taking part in any tender procedures organised by the
Corsican regional authorities for a period of at least 5 years.