Imposition by Finland of a public service obligation relating to the scheduled air service on the Helsinki-Varkaus route   (Text with EEA relevance)
Date: 2005-08-20
Institutions: European Commission
Subjects: Finland, air transport, airline, inland transport, services of general interest, transport capacity

20.8.2005

EN

Official Journal of the European Union

C 204/19

Imposition by Finland of a public service obligation relating to the scheduled air service on the
Helsinki-Varkaus route

(2005/C 204/07)

(Text with EEA relevance)

1.
In accordance with Article4(1)(a) of Council Regulation
(EEC) No 2408/92 of 23 July 1992 on access for Community
air carriers to intra-Community air routes, the Finnish Govern-
ment (Ministry of Transport and Communications) has decided
to impose a public service obligation relating to scheduled
flights on the Helsinki-Varkaus route from 1 November 2005
to 31 December 2006, except during the period from 23 June
to 6 August 2006.

2.

The following service conditions will apply.

2.1. Minimum number of flights

The minimum number of flights on the Helsinki-Varkaus route
will be three in each direction on working days from Monday
to Friday, not including public holidays. On Saturdays there
must be at least one connection from Varkaus to Helsinki and
on Sundays at least one connection from Helsinki to Varkaus.
The timetable may be altered to reflect demand around
Christmas and other public holidays.

2.2. Number of seats

Capacity on each flight must be at least 30 seats. There should
be enough luggage/cargo capacity to enable each passenger, on
a full flight in normal weather conditions, to carry on 8 kg in
hand luggage and put at least 20 kg in the hold.

2.3. Timetable

On Mondays to Fridays, a flight must leave Varkaus airport
early enough to reach Helsinki-Vantaa airport by 7.00 am, in
time for the main international connections.

On Mondays to Fridays, a flight must leave Helsinki-Vantaa
airport early enough to reach Varkaus airport by 8.30 am, and
return to Helsinki by 9.30 am.

On Mondays to Fridays an evening flight must leave Helsinki-
Vantaa airport for Varkaus at around 17.30, and return to
Helsinki no later than 19.00.

On Mondays to Fridays there must also be a connection from
Helsinki-Vantaa airport to Varkaus at 23.35 or later.

On Saturday mornings, there must be a flight from Varkaus
airport arriving in Helsinki-Vantaa airport by 8.30. On Sundays
there must be a late evening flight from Helsinki-Vantaa airport
to Varkaus airport.

2.4. Ticket prices and sales

A single ticket between Varkaus and Helsinki must not cost
more than EUR 184, inclusive of all taxes and charges. Cheaper
ticket categories must be available and must account for at
least 15 % of all tickets.

The carrier must agree on an interline arrangement for the
route covered by the public-service obligation with at least one
carrier operating a service out of Helsinki-Vantaa. The interline
agreement must contain the same or equivalent conditions and
a pro-rata system must be agreed on in accordance with the
relevant international rules, for distributing revenue from ticket
sales. The carrier must conclude interline agreements, with the
same or equivalent conditions, with all carriers operating air
services from Helsinki-Vantaa airport that wish to enter into
such an agreement. The carrier must provide the Ministry of
Transport
information
concerning the interline agreements and their contents which it
needs for the purpose of carrying out checks.

and Communications with

any

The carrier must have an international reservation and ticketing
system operation in Finland and an IATA interline agreement
and luggage-handling arrangements.
with through-pricing
Information concerning prices and timetables must be included
in the international reservations and ticketing system.

The carrier must have a cooperation agreement covering
through-pricing with at least one company that flies to foreign
destinations from Helsinki-Vantaa airport.

Flights must be marketed using a computerised reservation
system.

2.5. Continuity of services

A carrier intending to operate scheduled flights on this route
must give an undertaking to provide the service required under
the public-service obligation until the end of November 2006.

The operation of air services on the route in question without
regard to the abovementioned public service obligation may
result in administrative and/or criminal penalties.

2.6. Accessibility for people with functional disabilities

The carrier must ensure that provision is made for the needs of
people with functional disabilities.

C 204/20

EN

Official Journal of the European Union

20.8.2005

ANNEX

APPEALS

The right to appeal

An appeal against the Ministry of Transport and Communications may be lodged by anyone to whom the decision is
addressed or whose rights, obligations or interests are directly affected by the decision. An appeal may be lodged on the
grounds that the decision is illegal.

Adjudicating authority and deadline for appeals

Any party who opposes this decision may apply to have it amended by lodging an appeal. Appeals should be submitted
in writing to the Supreme Administrative Court. Appeals must be submitted within 30 days of being notified of the
decision, not including the day of notification.

Appeals must arrive by close of business on the last day of the appeal-submission period.

Content of appeals

Appeals must state:

— which decision is being contested;

— which aspect of the decision the appeal concerns and what changes the appellant is calling for;

— on what grounds the changes are called for.

The appeal must also state the name and place of residence of the appellant. If the appellant has appointed a legal repre-
sentative or agent to speak for it or the appeal has been drafted by a third party, the appeal must also indicate the repre-
sentative, agent or third party's name and place of residence.

The appeal must give a postal address and telephone number that can be used to communicate with the appellant on
matters relating to the appeal.

The appeal must be signed by the appellant, the representative or agent.

Annexes to the appeal

The following must be attached to the appeal:

— the original decision of the Ministry of Transport and Communications or a copy thereof;

— proof of the date on which the appellant was notified of the decision or proof of when the period for the submission

of appeals began;

— any documents supporting the appellant's demands not yet submitted to the authorities;

— power of attorney, if an agent is used.

Submitting the appeal

The appeal must be sent to the registry of the Supreme Administrative Court before the deadline expires. The
Supreme Administrative Court is located at Unioninkatu 16, Helsinki. Its postal address is: PL 180, 00131
Helsinki.