Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Imposition of public service obligations in respect of scheduled air services within Italy   (Text with EEA relevance)
Date: 2006-05-12
Institutions: European Commission
Subjects: Italy, air freight rate, air transport, airline, services of general interest

C 112/4

EN

Official Journal of the European Union

12.5.2006

Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92

Imposition of public service obligations in respect of scheduled air services within Italy

(2006/C 112/04)

(Text with EEA relevance)

Pursuant to Article 4(1)(a) of Council Regulation (EEC) No
2408/92 of 23 July 1992 on access for Community air carriers
to intra-Community air routes,
in
accordance with the decisions taken at the Interdepartmental
Conference chaired by the Region of Sicily, has decided to
impose public service obligations in respect of scheduled air
services on the following route:

the Italian Government,

On the Trapani-Pantelleria route the timetables must
provide for:

— 1 flight departing between 06.00 and 09.00

— 1 flight departing between 17.00 and 19.00

1. Route

Pantelleria-Trapani and vice versa;

1.1. By virtue of Article 9 of Council Regulation (EEC) No
95/93 on common rules for the allocation of slots at
Community airports, as amended by Commission Regu-
lation (EC) No 793/2004, the competent authorities may
reserve certain slots for the performance of services under
the arrangements specified in this notice.

1.2. With a view to meeting the objectives being pursued
through the imposition of the public service obligations,
ENAC will check that accepting carriers have the appro-
priate structure and that they meet the minimum require-
ments for access to the service.

2.

The public service obligations in question are as
follows:

2.1 Minimum frequency

2.3. Type of aircraft used and capacity provided

The services specified in Point 2.1 must be operated with
a pressurised twin-turboprop or twin-jet aircraft having a
seating capacity of at least 44 on outward flights and at
least 44 on return flights.

Should the market so require, a greater capacity will be
offered by introducing additional flights which will not
give rise to extra compensation or fares other than those
specified in Point 2.4 below.

The services specified in Point 2.1 must hold three seats in
reserve for use in medical emergencies or for the needs of
the institutional bodies. Of
the abovementioned three
seats two must not be made available for reservation or
sale until 24 hours before departure, and one until 12
hours before departure.

The carrier which accepts the obligations will, subject to
safety considerations which may justify denied boarding,
take all necessary measures to facilitate the carriage of
disabled passengers and passengers with reduced mobility.

The minimum frequency on the above route is as follows:

Three outward flights and three return flights per day all
year round with 44-seater aircraft.

2.4. Fares

If the aircraft normally used for the performance of the
service concerned should break down, a usable aircraft
must be made available within four hours.

The entire capacity of each aircraft must be offered for
sale under the terms of the obligations.

2.2. Timetables

On the Pantelleria-Trapani
provide for:

route the timetables must

— 1 flight departing between 07.30 and 09.30

— 1 flight departing between 18.00 and 20.00

(a) The maximum fares to be applied on each route are as

follows:

Pantelleria-Trapani: EUR 25,00

Trapani-Pantelleria: EUR 25,00

All the above fares are net of VAT, airport taxes and
charges; no form of surcharge may be levied.

At least one form of ticket distribution and sale must
be provided which is entirely free of charge and places
no additional economic burden on passengers.

All the passengers travelling on the route Pantelleria-
Trapani and vice versa shall be entitled to the above
fares.

12.5.2006

EN

Official Journal of the European Union

C 112/5

(b) Every year the competent authorities will adjust the
maximum fares in accordance with the rate of infla-
tion of the previous year calculated on the basis of the
ISTAT/FOI general index of consumer prices. Adjust-
ments will be notified to all carriers operating on the
route in question, and to the European Commission
for publication in the Official Journal of the European
Union.

(c) If the average recorded in each half-year for the euro/
US dollar exchange rate and/or the cost of aviation
fuel changes by more than 5 %, fares must be adjusted
in proportion to the change recorded and in propor-
tion to the share of flight costs represented by fuel.

Six-monthly fare adjustments will be made, where appro-
priate, by the Minister for Infrastructure and Transport in
agreement with the President of the Region of Sicily, on
the basis of a report by a Joint Technical Committee
composed of one representative appointed by ENAC and
one representative appointed by the Region of Sicily,
which must consult
the carriers operating the routes
concerned.

Any adjustments will enter into force as of the next half
year.

Adjustments will be notified to all carriers operating on
the route in question, and to the European Commission
for publication in the Official Journal of the European Union.

2.5. Continuity of service

For the purpose of guaranteeing the continuation, regu-
larity and punctuality of the service, the carrier which
accepts these public service obligations must undertake to:

— provide the service for at least 12 consecutive months
and must not suspend it without at least six months'
notice;

— ensure that their conduct vis-à vis users conforms to
the principles set out in the Charter of Passengers'
Rights, so as to comply with the relevant national,
Community and international regulations;

— provide a performance security for the purpose of
guaranteeing the correct performance and continua-
tion of the service. The security shall amount to at
least EUR 800 000,00 and must be guaranteed by an
insurance surety payable to ENAC (the Italian National
Civil Aviation Authority), which may use it to ensure
the continuation of the services concerned;

— carry out at least 98 % of scheduled flights in any year,
with the number of cancellations for reasons directly
attributable to the carrier, excluding cases of
force
majeure, limited to a maximum of 2 %;

— pay the regulatory body a penalty of EUR 3 000,00
for every flight cancelled over the 2 % limit. The sums
received as penalties shall be reallocated to promote
territorial continuity in Sicily.