Air traffic services on a route with limited traffic rights
Date: 2006-05-31
Institutions: European Commission
Subjects: EU Member State, Finland, airline, third country, transport licence, transport regulations

C 127/12

EN

Official Journal of the European Union

31.5.2006

Air traffic services on a route with limited traffic rights

(2006/C 127/06)

The Civil Aviation Administration adopted the following deci-
sion on the basis of Section 61 of the Air Traffic Act of 3
March 1995 (281/1995) and with reference to Regulation (EC)
No 847/2004 of the European Parliament and of the Council
of 29 April 2004 on the negotiation and implementation of air
service agreements between Member States and third countries.

1. Scope

This decision lays down more detailed provisions on the
issue of permits to EC air carriers to operate a route subject
to limited traffic rights (hereinafter: route with limited traffic
rights). For the purposes of this decision, however, public
service obligations imposed pursuant to Article 4 of Council
Regulation (EEC) No 2408/92 of 23 July 1992 on access for
Community air carriers to intra-Community air routes will
not be regarded as a limitation.

2. Traffic rights and air carriers' need to use them

2.1 Information on traffic rights and their use on routes
between Finland and States which are not Members of
the European Union and with which Finland has
concluded air traffic agreements is available from the
Civil Aviation Administration's aviation policy unit, and
on the Administration's website (www.ilmailulaitos.fi).

EC air carriers operating traffic services in, to and/or
from Finland, or which have asked the aviation policy
unit for information on unused capacity.

The notice shall also be published on the Civil Aviation
Administration's website. The notice shall specify the
deadline for applying for a permit.

3.2 Applications for a permit shall contain the following

information as a minimum:

(a) a copy of the air carrier's operating licence;

(b) a description of

the air

traffic services being
planned for the route (number of trips per week,
aeronautical equipment, any stopovers, annual or
seasonal nature of the service);

(c) the start date for the planned service;

(d) the nature of

the service (passenger,

freight or

other);

(e) the accessibility of

support
services, etc.);

(tickets

the services and customer
internet-based

sales network,

(f) any connecting traffic;

(g) the pricing policy for the route.

2.2 The aviation policy unit shall publish, on the Civil Avia-
tion Administration's website,
information on forth-
coming air traffic negotiations between Finland and
third countries.

3.3 Applications for permits shall be written in Finnish or
Swedish and submitted to the aviation policy unit by
the specified deadline.

2.3 EC air carriers interested in operating air services on a
route with limited traffic rights or on a route between
Finland and a State which is not a Member of the Euro-
pean Union and with which Finland has not concluded
an air traffic agreement may inform the aviation policy
unit of
Information
received by the aviation policy unit will be taken into
account when preparing Finland's negotiations on air
traffic agreements.

their plans and requirements.

4. Permits to use traffic rights

4.1 The Civil Aviation Administration's aviation policy unit
shall grant a permit for a route with limited traffic
rights to the applicant(s) considered to be the best after
an overall assessment taking account of the need for
the promotion of
passenger and/or freight services,
competition and the balanced development of Com-
munity air traffic. A permit to operate traffic services
shall remain in force until further notice or for a period
specified by the aviation policy unit.

3. Applying for a permit

3.1 When an EC air carrier expresses interest in unused
capacity on a route with limited traffic rights, the Civil
Aviation Administration's aviation policy unit shall
issue a notice inviting applications for a permit to use
the route. The notice shall be sent electronically to all

4.2 During the assessments resulting in the selection of air
carriers, the aviation policy unit shall carry out a finan-
cial analysis of the various alternatives from the point
of view of passenger and freight traffic. The analysis
shall describe the market and competition situation on
the route.

31.5.2006

EN

Official Journal of the European Union

C 127/13

4.3 When assessing the applications, the aviation policy
unit may arrange a public hearing which all the appli-
cants must be given an opportunity to attend. The avia-
tion policy unit shall draw up minutes of the hearing
for distribution to all the air carriers which applied for
a permit for the route in question. Applicants may
submit written comments on the minutes within a
specified period. If a public hearing is arranged, the
aviation policy unit may not reach a decision about
granting permits before the deadline for the submission
of comments has expired.

4.4 Decisions concerning the granting of permits are
published in accordance with Section 54 of the Admin-
istration Act
(434/2003) and also published on the
Civil Aviation Administration's website.

4.5 Decisions taken by the Civil Aviation Administration's
aviation policy unit concerning the granting of permits
are administrative decisions, amendments to which may
be proposed in accordance with Section 3(3) of the
Civil Aviation Administration Act (1123/1990).

5. Reassessment of permits to use traffic rights

5.1 The Civil Aviation Administration's aviation policy unit
may reconsider a decision to grant a permit to use
traffic rights. Permits must always be reassessed at the
request of an EC air carrier operating traffic services in
Finland, from Finland and/or to Finland. A reassessment
may not be carried out within five years of a permit
being granted or of a previous reassessment, however.

5.2 The permit holder must be informed of any reassess-
ment, notice of which must also be published on the
Civil Aviation Administration's website. The notice shall
specify a deadline by which EC air carriers interested in
using the traffic rights covered by the permit must
submit permit applications.

5.3 When reassessing permits to use traffic rights, para-
graphs 3.2, 3.3 and 4 shall be applied in such a way
that existing permits are not affected if the traffic rights
covered by the permit are being used effectively and in
accordance with European Community competition law
and the corresponding national legislation.

5.4 Notwithstanding paragraph 5.1, a permit for a route
with limited traffic rights which was granted before this
decision entered into force and which applies to a route
for which only one air carrier may be selected in
accordance with the provisions of the air traffic agree-
ment in question, may be reassessed three years after
this decision enters into force.

6. Cancellation and withdrawal of permits

6.1 If the traffic for which the permit has been granted

— is not started in the scheduling period following the
day specified for the start of the traffic service, or

— if the traffic is interrupted and not resumed within

the next two full scheduling periods,

and the permit holder has not shown, within a
reasonable period specified by the Civil Aviation
Administration's aviation policy unit, that this is
due
circumstances beyond his
control, the permit shall be cancelled.

to exceptional

6.2 A permit shall be cancelled if the permit holder informs
the Civil Aviation Administration's aviation policy unit
in writing that he no longer plans to use the traffic
rights covered by the permit.

6.3 The Civil Aviation Administration's aviation policy unit
may withdraw a permit completely or for a certain
period, or limit the activities covered by the permit, if
the permit holder:

— fails to operate the traffic service in accordance with

the terms of the permit;

— fails to observe the provisions in the air traffic
agreement on the basis of which the permit was
granted, or other international obligations; or

— fails to comply with the terms for the operation of
the traffic service and regulations governing such
activity.

7. Entry into force

This decision shall enter into force on 2 August 2004. The
Civil Aviation Administration, Vanda, 24 June 2004.