Imposition of public service obligations in respect of scheduled air services between the Canary Islands pursuant to Council Regulation (EEC) No 2408/92 of 23 July 1992   (Text with EEA relevance)
Date: 2006-10-21
Institutions: European Commission
Subjects: Canary Islands, air transport, airline, inland transport, provision of services, public service, transport capacity, transportation tariff

C 255/12

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Official Journal of the European Union

21.10.2006

Imposition of public service obligations in respect of scheduled air services between the Canary
Islands pursuant to Council Regulation (EEC) No 2408/92 of 23 July 1992

(2006/C 255/06)

(Text with EEA relevance)

I. Air routes concerned.

(h) configuration of passenger

compartment, where

Public service obligations shall be imposed in respect of sched-
uled air services provided on the following routes:

(a) Gran Canaria — Tenerife Norte

(b) Gran Canaria — Tenerife Sur

(c) Gran Canaria — Lanzarote

(d) Tenerife Norte — Lanzarote

(e) Gran Canaria — Fuerteventura

(f) Gran Canaria — El Hierro

(g) Gran Canaria — La Palma

(h) Tenerife Norte — Fuerteventura

(i) Tenerife Norte — El Hierro

(j) Tenerife Norte — La Palma

(k) La Palma — Lanzarote

(l) Gran Canaria- La Gomera

(m) Tenerife Norte — La Gomera

II. General conditions.

1.

2.

Community air carriers wishing to operate scheduled air
services in conformity with the public service obligations
governed by this Decision must hold a valid operating
licence, in accordance with Council Regulation (EEC) No
2407/92 of 23 July 1992 on licensing of air carriers.

this section,

Such carriers must submit to the Directorate-General for
Civil Aviation [Dirección General de Aviación Civil], by the
dates and within the time limits specified in paragraph 3
of
the schedule of operations on routes
subject to public service obligations, which shall cover a
minimum period of twelve consecutive months. This sche-
dule must be presented separately from the rest of the
schedule of flights they may submit for the operation of
services on other routes.

The schedule of operations on routes subject to public
service obligations shall include the following information:

(a) route on which the carrier wishes to operate;

(b) operating periods in the relevant

International Air

Transport Association (IATA) scheduling seasons;

(c) flight identification number;

(d) timetables;

(e) available capacity;

(f) period and days on which the service is to be oper-

ated;

(g) type of aircraft/number of seats/cargo capacity;

appropriate;

(i) written confirmation of knowledge and acceptance of
the continuity of the schedule of operations imposed
as part of the public service obligations laid down in
this Decision.

for any permanent amendment to the flight
Approval
schedule agreed for each carrier must be obtained from
the Directorate-General for Civil Aviation. Such amend-
ments must be notified to the Government of the Canary
Islands.

The carrier must also submit a document detailing the
fares and associated conditions to be applied in accord-
ance with the specific conditions laid down in paragraph
2 of Section III of this Annex.

3.

The following must be taken into account when submit-
ting flight schedules:

3.1. By the dates and subject to the conditions specified below,
each air carrier shall submit its schedule of services, split
according to the winter and summer scheduling seasons:

(a) if the start of the service schedule coincides with the
beginning of the summer scheduling season, it shall be
submitted before 1 March and shall
include the
planned schedule for the following winter scheduling
season;

(b) if the start of the service schedule coincides with the
beginning of the winter scheduling season, it shall be
include the
submitted before 1 October and shall
planned schedule for the following summer scheduling
season.

calendar

days before

3.2. In the case of access to the market at any other time of
year, the carrier shall submit its service schedule at least
the planned date of
thirty
commencement of its operations and shall
include the
schedule of services for the part-period corresponding to
to
the
commence and the planned schedule for the rest of the
period so as to cover a full twelve months' operation.
Starting with the scheduling season following that
in
which operations commenced, the carrier shall follow the
procedure laid down in paragraph 3.1.

scheduling season in which operations

are

3.3. Service schedules

shall be considered to have been
approved if the Directorate-General for Civil Aviation has
not delivered an opinion on them by the planned first day
of operation.
In all cases, however, services may be
commenced once they have been expressly approved by
the Directorate-General for Civil Aviation.

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Approval shall be subject to verification that the schedule
meets the public service obligations, taking account of the
schedules of all the carriers involved.

4. Air carriers shall undertake to operate their service sche-
dule for a minimum period of twelve consecutive months.
there is a new entrant or an
If, on a specific route,
operator significantly increases its schedule of
flights,
other carriers operating on that route may choose to
maintain their schedule or adjust their service schedule
without affecting compliance with the public service obli-
gations. Nevertheless, a carrier may definitively cease
providing services if it notifies the Directorate-General for
Civil Aviation accordingly at least six months before the
planned end of the agreed period of operation.

5.

If, for all the operating carriers combined, load factors on
a route in the summer or winter period continuously
exceed 75 %, save in the case of seasonal operation of
routes, carriers which have an operational service schedule
must take the necessary steps to increase the capacity
available so as to reduce the percentage specified above.
The above provision shall not apply in the circumstances
referred to in paragraph 2.3(a) ‘Fares’ of Section III of this
Annex.

III. Specific conditions

1.

The specific conditions associated with the public service
obligations for the routes specified in Section I are as
follows:

1.1

Period of operation, minimum frequency, timetables and
capacity offered.

1.1.1 For flights from Gran Canaria and Tenerife Norte, with
the exception of those to the island of La Gomera, the
timetables shall be such as to guarantee departures
between 07.00 and 08.30 and return flights at the end
of the day, subject to the limits imposed by airport oper-
ating hours.

1.1.2 On the routes referred to under (c), (e) and (j) below, air
carriers shall undertake to increase services between
07.00 and 08.30 where necessary to meet the demand
for travel. In the case of cargo transport, carriers shall
give priority to perishable and urgently needed products
such as daily newspapers and medicines on services from
Gran Canaria and Tenerife.

Where aircraft with more than 72 seats are used, the minimum
frequency may be reduced to 70 % of the number of daily
return flights laid down, while maintaining the minimum
number of seats laid down in the relevant paragraphs.

6.

For the purposes of this Decision, the terms below shall
have the following meanings:

(a) Between Gran Canaria and Tenerife Norte

(a) air fare: the price expressed in euros which passengers
must pay to air carriers or their agents for trans-
porting them and their baggage by air in accordance
with the conditions attached in each case. The fare
shall include remuneration paid to and the conditions
offered to agencies and taxes, excluding the tax for the
use of infrastructures and the security tax.

The total price given in the carriage contract shall be
broken down to show: the fare, the tax for the use of
infrastructures and the security tax;

(b) reference fare: the lowest fare to which price condi-
tions are not attached, as laid down in paragraph 2.1
of Section III;

From 1 January to 30 June and from 1 October to
31 December, the minimum frequency shall be fourteen
(14) return flights daily.

From 1 July to 30 September, the minimum frequency
shall be twelve (12) return flights daily

Timetables must be such as to permit both legs of a return
journey to be made on the same day with eight hours' stay
at the destination, with flights spread out over the period
from 07.00 to 22.30 and tailored to meet demand early in
the morning and late at night.

The minimum capacity available in each direction shall be
as follows:

— during the IATA winter season: 295 000 seats;

— during the IATA summer season: 393 000 seats.

(c) promotional fare: fare with a discount of at least 10 %
on the reference fare to be subject to conditions deter-
mined by the air carrier;

(b) Between Gran Canaria and Tenerife Sur

Services shall be provided throughout the year.

(d) flexible fare: a fare that may include services additional
to those provided for the reference fare and which
may not
laid down in
paragraph 2.3.(b) of Section III of this Annex.

exceed the percentages

(e) Social

fare:

the fare laid down by air carriers for
certain categories of passenger, to which the condi-
tions and prices laid down in paragraph 2.3.(c) of
Section III of this Annex shall apply.

The minimum frequency shall be two (2) return flights
daily, for which air carriers may use a type of aircraft
suited to the demand but which shall have not fewer than
19 seats.

The minimum capacity available in each direction shall be
as follows:

— during the IATA winter season: 19 000 seats;

— during the IATA summer season: 38 000 seats.

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(c) Between Gran Canaria and Lanzarote

(f) Between Gran Canaria and El Hierro

From 1 January to 30 June and from 1 October to
31 December, the minimum frequency shall be eleven (11)
return flights daily.

From 1 January to 30 June and from 1 October to 31
December, the minimum frequency shall be one (1) return
flight daily.

From 1 July to 30 September, the minimum frequency
shall be fourteen (14) return flights daily.

From 1 July to 30 September, the minimum frequency
shall be two (2) return flights daily.

Timetables must be such as to permit both legs of a return
journey to be made on the same day with eight hours' stay
at the destination, with flights spread out over the period
from 07.00 to 22.30 and tailored to meet demand early in
the morning and late at night.

The minimum capacity available in each direction shall be
as follows:

— during the IATA winter season: 240 000 seats;

— during the IATA summer season: 378 000 seats.

(d) Between Tenerife Norte and Lanzarote

From 1 January to 30 June and from 1 October to 31
December, the minimum frequency shall be five (5) return
flights daily.

From 1 July to 30 September, the minimum frequency
shall be seven (7) return flights daily.

Timetables must be such as to permit both legs of a return
journey to be made on the same day with eight hours' stay
at the destination, with flights spread out over the period
from 07.00 to 22.30 and tailored to meet demand early in
the morning and late at night.

The minimum capacity available in each direction shall be
as follows:

— during the IATA winter season: 108 000 seats;

Air carriers may use a type of aircraft suited to the
demand during each season but which shall have not
fewer than 19 seats.

Where aircraft with a capacity of more than 19 seats are
used during the period July to September, the minimum
frequency may be reduced to 50 % of the number of
return flights laid down, while maintaining the minimum
number of seats laid down.

The minimum capacity available in each direction shall be
as follows:

— during the IATA winter season: 6 000 seats;

— during the IATA summer season: 16 000 seats.

(g) Between Gran Canaria and La Palma

From 1 January to 30 June and from 1 October to 31
December, the minimum frequency shall be two (2) return
flights daily, one in the morning and one in the evening.

From 1 July to 30 September, the minimum frequency
shall be three (3) return flights daily.

Timetables must be such as to permit both legs of a return
journey to be made on the same day with seven hours'
stay at the destination between 07.00 and 20.00, with
morning and evening services.

The minimum capacity available in each direction shall be
as follows:

— during the IATA summer season: 180 000 seats.

— during the IATA winter season: 43 000 seats;

(e) Between Gran Canaria and Fuerteventura

From 1 January to 30 June and from 1 October to 31
December, the minimum frequency shall be thirteen (13)
return flights daily.

From 1 July to 30 September, the minimum frequency
shall be fourteen (14) return flights daily.

Timetables must be such as to permit both legs of a return
journey to be made on the same day with eight hours' stay
at the destination, with flights spread out over the period
from 07.00 to 22.30 and tailored to meet demand early in
the morning and late at night.

— during the IATA summer season: 74 000 seats.

(h) Between Tenerife Norte and Fuerteventura

From 1 January to 30 June and from 1 October to 31
December,
the minimum frequency shall be three (3)
return flights daily.

From 1 July to 30 September, the minimum frequency
shall be six (6) return flights daily.

Timetables must be such as to permit both legs of a return
journey to be made on the same day with seven hours'
stay at the destination between 07.00 and 20.00, with
morning, midday and evening services.

The minimum capacity available in each direction shall be
as follows:

The minimum capacity available in each direction shall be
as follows:

— during the IATA winter season: 274 000 seats;

— during the IATA winter season: 65 000 seats;

— during the IATA summer season: 402 000 seats.

— during the IATA summer season: 132 000 seats:

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(i) Between Tenerife Norte and El Hierro

From 1 January to 30 June and from 1 October to 31
the minimum frequency shall be three (3)
December,
return flights daily.

From 1 July to 30 September, the minimum frequency
shall be four (4) return flights daily.

Timetables must be such as to permit both legs of a return
journey to be made on the same day with seven hours'
stay at the destination between 07.00 and 20.00, with
morning, midday and evening services.

The minimum capacity available in each direction shall be
as follows:

— during the IATA winter season: 60 000 seats;

— during the IATA summer season: 100 000 seats.

(j) Between Tenerife Norte and La Palma

From 1 January to 30 June and from 1 October to 31
December, the minimum frequency shall be thirteen (13)
return flights daily.

From 1 July to 30 September, the minimum frequency
shall be fourteen (14) return flights daily.

Timetables must be such as to permit both legs of a return
journey to be made on the same day with eight hours' stay
at the destination, with flights spread out over the period
from 07.00 to 22.30 and tailored to meet demand early in
the morning and late at night.

The minimum capacity available in each direction shall be
as follows:

Air carriers may use a type of aircraft suited to the
demand during each season but which shall have not
fewer than 19 seats.

The minimum capacity available in each direction shall be
as follows:

— during the IATA winter season: 11 000 seats;

— during the IATA summer season: 16 000 seats.

2.

Fares

2.1. Under the public service obligations laid down, the refer-
ence single fare for each of the routes shall be as follows:

(a) Gran Canaria — Tenerife Norte::

(b) Gran Canaria — Tenerife Sur::

(c) Gran Canaria — Fuerteventura::

(d) Gran Canaria — El Hierro::

(e) Gran Canaria — Lanzarote::

(f) Gran Canaria — La Palma::

(g) Tenerife Norte — Fuerteventura::

(h) Tenerife Norte — El Hierro::

(i) Tenerife Norte — Lanzarote::

(j) Tenerife Norte — La Palma::

(k) La Palma — Lanzarote::

(l) Gran Canaria — La Gomera::

EUR 52

EUR 52

EUR 60

EUR 88

EUR 67

EUR 82

EUR 83

EUR 60

EUR 88

EUR 55

EUR 88

EUR 82

EUR 60

— during the IATA winter season: 274 000 seats;

(m) Tenerife Norte — La Gomera::

— during the IATA summer season: 402 000 seats.

(k) Between La Palma and Lanzarote

2.2

The Directorate-General for Civil Aviation shall approve
the adjustment of the above reference fares in January
each year.

During July, August
frequency shall be three (3) return flights weekly.

and September,

the minimum

The minimum capacity available in each direction shall be
6 800 seats.

(l) Between Gran Canaria and La Gomera

The minimum frequency shall two (2) return flights daily
throughout the year.

Air carriers may use a type of aircraft suited to the
demand during each season but which shall have not
fewer than 19 seats.

The minimum capacity available in each direction shall be
as follows:

— during the IATA winter season: 11 000 seats;

— during the IATA summer season: 16 000 seats.

(m) Between Tenerife Norte and La Gomera

The minimum frequency shall two (2) return flights daily
throughout the year.

Where such adjustment involves an increase in those
fares, this shall be approved at the request of the air
carriers operating the routes subject to public service
obligations,
following registration in accordance with
paragraph 2.4 of this section.

Fares shall be adjusted by an amount to reflect the effects
of applying the corresponding annual increase or, where
appropriate, decrease in the national consumer price
index [Índice General Nacional del Sistema de Índices de
Precios al Consumo] to the costs directly affected by any
such annual fluctuation, which are estimated at 73 % of
the total cost structure of an air carrier.

the

increases or, where

With regard to all aviation taxes, comprising landing
charges, airport approach charges and charges for use of
the air navigation aids network, account shall be taken
of
appropriate, decreases
authorised for each of these charges for the year in ques-
tion in the Budget Act [Ley de Presupuestos Generales del
Estado] or its implementing rules, which shall be applied
to the reference fares, with up to 4 % of the cost struc-
ture being weighted by these increases for each of the
above three charges.

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The proposal to increase fares referred to in the second
paragraph, which must under no circumstances be
submitted before 1 January each year, shall be considered
to have been approved if no decision has been expressly
notified within 15 days of submission. The calculation
shall be without prejudice to any adjustments necessary
following the final determination of the change in the
national consumer price index.

In the event of an increase in the cost components
affecting the operation of these air services which is
abnormal, unforeseeable and not attributable to the
carriers, and acting on a proposal from the air carriers,
the Minister
[Ministro de
Fomento] may adjust the reference fares in proportion to
that increase, based on the overall year-on-year increase.

Internal Development

for

The adjusted fare shall be notified to the carriers oper-
ating the services concerned. It shall also be communi-
cated to the European Commission for publication in the
Official Journal of the European Union.

2.3.

In setting flexible, promotional and social
fares, air
carriers shall meet the conditions and follow the proce-
dures set out below:

(a) The 75 % occupancy rate laid down in paragraph 5
of Section II may be exceeded provided that the price
of the promotional and social fares applied to any
such supplementary offer is at least 15 % less than
the reference fare.

(b) Air carriers may apply to the Directorate-General for
Civil Aviation to be allowed to set
flexible fares
provided these do not exceed the following percen-
tages of the reference fare. During 2006, these may
not exceed 20 % and from 2007 25 %. In any case,
the number of seats occupied on each flight at these
tariffs shall not exceed 50 % of the seats offered.

(c) Air carriers shall be required to set social fares which
are lower than the reference fare for at least the
following categories of passenger: persons under 22
years of age, university students under 27 years of
age resident on islands other than capital
islands,
persons aged 65 or over and teams competing in the
Autonomous Community of the Canary Islands. The
discounts applied shall not be less than 10 % of the
In the case of reductions for large
reference fare.
families,
legislation shall apply. The
conditions applicable to such reductions laid down
by the carrier shall in all cases be similar to those
applied to the promotional fares.

the relevant

rounded up or down to the nearest unit. Under no
circumstances shall such fares exceed the reference
fare for a direct flight between Lanzarote and La
Palma.

(e) The number of seats offered at flexible tariffs by each
carrier shall be restricted by the average revenue per
passenger calculated by annual period for each of the
routes operated by each carrier, which shall be no
more than the reference fare laid down for the route,
weighted for the period of application. Carriers shall
for Civil Aviation
provide the Directorate-General
with the information necessary to allow it to carry
out the relevant checks.

(f) The Directorate-General for Civil Aviation shall guar-
antee the confidentiality of the data received. Should
the average revenue per passenger carried by a
carrier on a particular route exceed the reference
fare, the carrier shall compensate passengers during
the subsequent annual period by an amount equal to
the total sum deriving from the difference between
the average revenue per passenger and the reference
fare, weighted for the total number of passengers
carried. Should that compensation not be paid,
Article 45.3.1a of
(Law
the Air
No 21/2003) of 7 July 2003) shall apply to the
carrier. The annual period referred to above shall run
from the date the carrier begins operations in accord-
ance with the conditions laid down in this Decision.

Safety Act

2.4. Air carriers shall be required to register their reference,
flexible and social fares and, where appropriate, their
fares for large families with the Directorate-General for
Civil Aviation no later than 30 calendar days before the
planned date of their entry into force. These fares shall
be considered to have been approved if the Directorate-
General for Civil Aviation has not delivered an opinion
on them by 15 calendar days before their planned entry
into force. Fares shall enter into force once approved and
the Government of the Canary islands shall be so noti-
fied.

The promotional fares referred to in paragraph 2.3(a)
may be notified for registration up to 48 hours before
their entry into force and shall be deemed to have been
approved unless notification to the contrary is given.

Approval of fares shall be limited to checking that they
comply with the price levels and the public service obli-
gations laid down.

(d) In order to facilitate the mobility of residents of the
Canary Islands, where there are no direct, non-stop
flights between two islands in different provinces,
carriers shall offer on those routes fares that do not
exceed 60 % of the sum of the reference fares for
legs making up the flight,
each of the individual

2.5. The reductions laid down by the relevant legislation for
citizens of Spain, the other Member States of the Euro-
pean Union, the States of the European Economic Area
and Switzerland resident
in the Canary Islands shall
apply to fares on scheduled air services on the routes
referred to in Section I of this Annex.

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2.6. The conditions for the accreditation of residents and
payments made to air carriers in respect of the rebates
which have been granted must be in conformity with
rules governing this type of public aid.

2.7. Continuity of service. Except in cases of force majeure, the
number of flights cancelled for reasons directly attribu-
table to the carrier may not exceed, for each IATA sche-
duling season, 1,5 % of the scheduled flights. Except in
cases of force majeure, delays may not exceed 15 minutes
for 90 % of the flights.

In the event of the suspension of services in exceptional
circumstances, air carriers operating services subject to
these public service obligations shall, in cooperation with
the Committee provided for in Part Three of this Deci-
sion, take all necessary steps to re-establish the service as
quickly as possible.

2.8. Marketing of flights. Seats and services shall be marketed
via distribution channels which take account of the char-
acteristics of the services and the need to ensure appro-
priate information for users at the lowest possible cost.