Public service obligation
Date: 2007-09-04
Institutions: European Commission
Subjects: Finland, air freight rate, air transport, airline, inland transport, provision of services, public service, transport capacity

C 205/10

EN

Official Journal of the European Union

4.9.2007

Public service obligation

(2007/C 205/06)

Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Com-
munity air carriers to intra-Community air routes (1), the Finnish Government (Ministry of Transport and
Communications) has decided to amend a public service obligation on scheduled flights. This public service
obligation was published on 20 June 2006 in the Official Journal of the European Union, C 144.

The revised public service obligation will come into force as soon as it is published in the Official Journal of
the European Union. The obligation relates to scheduled flights from Helsinki to Varkaus in the period
running from 1 October 2007 to 30 September 2010.

The public service obligation for the Helsinki-Varkaus route is as follows:

Minimum number of flights

The minimum number of connections between Helsinki and Varkaus will be three in each direction on
working days from Monday to Friday, not including public holidays. This obligation will not apply in July.

The timetable may be adjusted during the summer holiday period and at Christmas and other holiday
periods according to demand.

Number of seats

The number of seats on the aircraft must be able to meet passenger demand. The average monthly seat-oc-
cupancy rate must not exceed 80 %.

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.

Ticket prices and sales

A one-way ticket between Varkaus and Helsinki will cost, all taxes and charges included, no more than
EUR 190. Cheaper ticket categories must be available and must account for at least 40 % 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 that operates a service out of Helsinki-Vantaa. The interline agreement should be on
the same or equivalent terms and conditions and should follow, with regard to fares on the route, the pro
rata system in accordance with international rules. The carrier must conclude interline agreements with the
same or equivalent conditions with any other interested carriers operating air services from Helsinki-Vantaa
airport. The carrier must provide the Ministry of Transport and Communications with any information it
needs for the purpose of carrying out checks regarding the interline agreements and their contents.

The carrier must have an international reservation and ticketing system operation in Finland and an IATA
interline agreement with through-pricing and luggage-handling arrangements. 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 sold through at least one computerised reservations system.

(1) OJ L 240, 24.9.1992, p. 8.

4.9.2007

EN

Official Journal of the European Union

C 205/11

Continuity of service:

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

Air carriers intending to discontinue the provision of scheduled air services on this route must notify the
Finnish Civil Aviation Authority at least six months before the air services are discontinued.

Accessibility for people with disabilities

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

C 205/12

EN

Official Journal of the European Union

4.9.2007

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 unlawful.

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 from the date on which the public service obligation is published in the
Official Journal of the European Union.

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 name
and place of residence of the representative, agent or third party.

The appeal must also 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, 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 decision was notified or other 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 submission deadline. The
Supreme Administrative Court is located at:

Unioninkatu 16, Helsinki. Its postal address is: PL 180, FIN-00131 Helsinki.