French national procedure for the allocation of limited air traffic rights
Date: 2006-10-07
Institutions: European Commission
Subjects: France, air space, air traffic, air transport, airline, international negotiations, third country, transport licence

C 242/14

EN

Official Journal of the European Union

7.10.2006

French national procedure for the allocation of limited air traffic rights

(2006/C 242/11)

In accordance with Article 6 of Regulation (EC) No 847/2004 on the negotiation and implementation of
air service agreements between Member States and third countries, the European Commission publishes
the following national procedure for the distribution among eligible Community carriers of air traffic
rights where they are limited under air service agreements with third countries.

‘MINISTRY FOR TRANSPORT, INFRASTRUCTURE, TOURISM AND THE SEA

Order of 20 September 2005 on the granting of licences to operate scheduled air services between
France and countries outside the European Union for Community air carriers established in France

NOR: EQUA0501520A

THE MINISTER FOR TRANSPORT, INFRASTRUCTURE, TOURISM
AND THE SEA,

HEREBY ISSUES THE FOLLOWING ORDER:

Having regard to the Convention on International Civil Avia-
tion of 7 December 1944 and its amending protocols;

Article 1

Having regard to the Treaty establishing the European Com-
munity, in particular Article 43;

For the purposes of this Order:

Having regard to the Agreement on the European Economic
Area, signed in Porto on 2 May 1992, and the protocol
adapting the aforementioned Agreement, signed in Brussels on
17 March 1993;

Having regard to the Agreement between the European Com-
munity and the Swiss Confederation on Air Transport, signed
in Luxembourg on 21 June 1999;

Having regard to Council Regulations (EEC) Nos 2407/92 and
2408/92 of 23 July 1992 on licensing of air carriers and access
for Community air carriers to intra-Community air routes;

Having regard to Regulation (EC) No 847/2004 of the Euro-
pean Parliament and of the Council of 29 April 2004 on the
negotiation and implementation of air
service agreements
between Member States and third countries;

— “Community air carrier” means any air carrier holding a
licence under Council Regulation (EEC) No 2407/92 of 23
July 1992 issued by France or another Member State of the
European Community;

— “traffic rights” means the right of an air carrier to transport
passengers, freight, or mail on an air service on the basis of
a specific
capacity and code-sharing
schedule,
route,
arrangements, as appropriate.

Article 2

Community air carriers established in France under the terms
of Community law wishing to operate scheduled air services on
lines comprising at least one stopover in France, and to which
Regulation (EEC) No 2408/92 does not apply, shall submit to
the Minister responsible for civil aviation a file containing the
following:

Having regard to the Civil Aviation Code, in particular Article
R 330-6;

a) the undertaking's operating licence, the air operator's certifi-
cate and the insurance certificate for the intended operation;

Having regard to Law No 94-665 of 4 August 1994 on the use
of the French language;

Having regard to Law No 2000-321 of 12 April 2000 on the
rights of citizens in their relations with the public administra-
tion, in particular Articles 19 and 21;

b) the justification for the carrier's establishing itself in France;

c) a description of the planned service (planned lines, service
frequencies and days of service,
type of aircraft used,
intended start date for service, possible code sharing, tariffs,
traffic forecasts, projected operating account over three
years);

Having regard to the Declaration on the right of establishment
adopted by the Council of Transport Ministers of the European
Union on 5 June 2003,

d) elements enabling assessment of the applicant air carrier's
operational and financial capacity to operate the intended
services, particularly in accordance with Article 5 of Regu-
lation (EEC) No 2407/92.

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Official Journal of the European Union

C 242/15

The operational financial standing of the different Community
carriers shall be assessed according to identical criteria.

— the contribution to creating a satisfactory level of supply-

side competition;

Only applications accompanied by a complete file either in
French or, if the originals are in a language other than French,
accompanied by a French translation, will be examined.

— the intended date for the launch of the service;

— the presence of guarantees with regard to the sustainability

of the service;

The Minister responsible for civil aviation may ask for addi-
tional information.

— the potential

for increasing the market share of Com-

munity-registered aircraft on the route in question;

Article 3

Notwithstanding the provisions of Article 2 of this Order, any
application by an air carrier to increase the number of services
on a route it is operating shall be examined on the basis of a
simplified file as regards item c of Article 2 of this Order; the
file shall specify, where applicable, any changes that relate to
the elements requested in items a, b and d of the aforemen-
tioned article of this Order.

Article 4

— the environmental performances of the aircraft used, parti-

cularly with regard to noise pollution;

— the development of connecting flights for passengers.

The following criteria may also be taken into account:

— the seniority of

the application, actively and repeatedly

submitted;

— the contribution to regional planning;

— the potential for developing tourism in France;

For the purposes of applying Article 5 of Regulation (EC) No
847/2004, Community air carriers established in France are
requested to make their applications known within fifteen days
of the publication of the availability of traffic rights.

— the compliance of the aircraft with the standards in force at

the French airports they serve;

— the carrier's situation with regard to payment of French

aeronautical taxes and charges;

The publication mentioned in the previous subparagraph is
carried out by means of inclusion in the Journal officiel.

— the existence of a French language sales service.

Article 5

In the event of competing applications and the limitation of
either the traffic rights or the number of Community air
carriers permitted to exercise these rights, files shall be assessed
within two months as long as the applications meet the condi-
tions laid down in Article 2 of this Order; as part of the assess-
ment of applications, the Minister responsible for civil aviation
may ask for additional
information and, where appropriate,
hold hearings.

In all cases, the operating licence shall be issued to the appli-
cant air carrier under the conditions provided for in Article 8
of this Order, as long as the application meets the conditions
laid down in Article 2 herein.

Article 6

Subject to the provisions of the bilateral agreement for air
services in question, competing applications shall be assessed
by the Minister responsible for civil aviation on the basis of the
following criteria:

— the satisfaction of air transport demand (mixed or freight-
only services, direct or indirect services, service frequencies,
days of service);

— the tariff policy (particularly ticket prices, provision for

reductions and other adjustments);

— the quality of the service (particularly the layout of the
aircraft, provision for the substitution of tickets and the
existence of sales offices open to the public);

Article 7

In order to apply the first subparagraph of Article 5 of this
Order, the Minister responsible for civil aviation shall publish a
draft Decision in electronic form on the site of the Directorate-
General
Interested parties may submit
written comments within fifteen days of the publication of this
document.

for Civil Aviation.

The final decision on issuing a licence to operate air services
shall be taken under the conditions laid down in Article 8 of
this Order within thirty days of publication of the draft Deci-
sion.

Article 8

The licence to operate air services shall be granted by order of
the Minister responsible for civil aviation, published in the
Journal officiel.

That Order shall specify, if necessary, the validity period of the
licence, the frequency of services, the aircraft capacity, and any
other conditions imposed under the terms of the bilateral or
multilateral air services agreements.

In the event of failure to comply with the criteria laid down in
Article 2 of this Order, a serious breach in air safety, the
written withdrawal of a carrier from operation of the respective
air service, or the complete or partial failure to make use of the
traffic rights for a period equal to or exceeding six months, the
licence may be suspended or withdrawn by reasoned decision
of the Minister responsible for civil aviation, once the carrier
has been asked to present its explanations.

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Official Journal of the European Union

7.10.2006

If a carrier authorised under Article 6 of this Order fails to
comply with the commitments it has entered into under this
Order, the Minister may also suspend or withdraw the licence.

Notwithstanding the provisions of the previous subparagraphs,
the licence may not be suspended or withdrawn if exceptional
circumstances beyond the control of the licence holder render
performance of the services concerned impossible.

Article 9

The provisions of this Order shall not apply to the regional
authorities of St Pierre-et-Miquelon.

Article 10

The Director-General for Civil Aviation shall be responsible for
the implementation of this Order, which will be published in
the Journal officiel.

Done at Paris, on 20 September 2005.

For the Minister and by delegation

The Director-General for Civil Aviation

Mr WACHENHEIM’