Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Imposition of a public service obligation in respect of scheduled air services on the Albenga-Rome Fiumicino route and vice versa (Text with EEA relevance)
Date: 2008-09-20
Institutions: European Commission
Subjects: Italy, air freight rate, air traffic, air transport, airline, inland transport, public service, transport capacity

20.9.2008

EN

Official Journal of the European Union

C 241/23

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

Imposition of a public service obligation in respect of scheduled air services on the Albenga-Rome
Fiumicino route and vice versa

(Text with EEA relevance)

(2008/C 241/10)

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 and in accordance with the decisions taken at the Interde-
partmental Conference hosted by the region of Liguria, the Italian Government has decided to impose public
service obligations on scheduled air services on the following route:

1. Routes concerned

Albenga-Rome Fiumicino and vice versa.

1.1. By virtue of Article 9 of Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for
the allocation of slots at Community airports, as amended by Regulation (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 public service obliga-
tions, ENAC will check that accepting carriers have the appropriate structure and that they meet the
minimum requirements for access to the service.

2. Details of the public service obligation

2.1. Duration:

One year, from the commencement of the service.

2.2. Minimum frequencies:

Between Albenga and Rome Fiumicino and vice versa.

The minimum frequency on the above route is as follows:

— two flights per day in each direction on Mondays, Tuesdays, Thursdays and Fridays throughout the

year, using an aircraft with a seating capacity of at least 29,

— one flight per day in each direction on Saturdays and Sundays throughout the year, using an aircraft

with a seating capacity of at least 29.

The entire capacity of each aircraft must be offered for sale under the public service obligation terms.

2.3. Timetables:

On the Albenga-Rome Fiumicino route on Mondays, Tuesdays, Thursdays and Fridays the timetable
must provide for one flight departing between 6.30 and 7.30 and one flight departing between 17.00
and 18.00.

On the Albenga-Rome Fiumicino route the timetable must provide for one flight departing between
6.30 and 7.30 on Saturdays and one flight departing between 17.00 and 18.00 on Sundays.

On the Rome Fiumicino-Albenga route on Mondays, Tuesdays, Thursdays and Fridays the timetable
must provide for one flight departing between 8.30 and 9.30 and one flight departing between 19.00
and 20.00.

On the Rome Fiumicino-Albenga route the timetable must provide for one flight departing between
8.30 and 9.30 on Saturdays and one flight departing between 19.00 and 20.00 on Sundays.

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2.4. Type and capacity of aircraft used:

The Albenga-Rome Fiumicino route and vice versa must be operated throughout the year by pres-
surised twin turboprop or twin-jet aircraft with at least 29 seats.

Should the market so require, more capacity must be offered by introducing additional flights, which
will not give rise to extra compensation or to tariffs different from those specified at 2.5 below.

The carrier which accepts the public service obligations shall, 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.

2.5. Fares:

(a) the maximum fares to be charged on each route are as follows:

Albenga-Rome Fiumicino: EUR 92,00,

Rome Fiumicino-Albenga: EUR 92,00.

All the above fares exclude VAT and are net of 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 passengers who travel on the routes subject to this public service obligation will be entitled to
the above fares;

(b) in January 2009, the competent authorities will adjust the maximum fares in accordance with the
rate of inflation in the preceding six-month period, calculated on the basis of the ISTAT/FOI
general index of consumer prices. Adjustments will be notified to all carriers operating the services
in question and, for publication in the Official Journal of the European Union, to the European
Commission;

(c) as from the first quarter of 2009, if the average cost of fuel and/or the average euro/US dollar
exchange rate varies by more than 5 % in each quarter, the fares must be revised in proportion to
such variation and to the effect the cost of fuel has on the carrier's operating costs, traditionally
estimated at 30 %. The reference parameter for calculating the variations will be the monthly
average of the price of fuel in July 2008. The price will be compared against the average value for
the preceding month. The Platts jet fuel freight FOB Med assessment, expressed in US dollars per
metric tonne, will be used to establish the price. The resulting figure will be converted into euro
using the rates published by the ECB. Any fare adjustment will be carried out every three months
by the Ministry of Infrastructure and Transport on the basis of a review performed by ENAC. The
adjustment in question will be made at the request of the carriers operating the routes concerned;
in the event of a decrease, the procedure will be initiated automatically. During the above-
mentioned review procedure, the carriers operating the routes concerned may be given an opportu-
nity to comment. Any adjustment to fares will take effect from the quarter following that in which
it is decided and will apply solely to the fare and not to the taxes and surcharges.

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

2.6. Continuity of service:

For the purpose of ensuring the proper operation and continuation of the service, the carrier which
accepts the public service obligation must:

— undertake to provide the service for at least 12 consecutive months,

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

— provide a performance security for the purpose of ensuring the proper operation and continuation
of the service. The amount of such security shall be EUR 400 000 and must be guaranteed by an
insurance or bank surety payable to ENAC (Italian National Civil Aviation Authority), which may
use it to ensure the continuation of the service concerned,

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— ensure that, in any six-month period, at least 98 % of the scheduled flights are operated with a
number of cancellations for reasons directly attributable to the carrier, excluding cases of force
majeure, of 2 % or less,

— pay the regulatory body a penalty of EUR 3 000 for every flight cancelled in excess of the 2 %
limit. The proceeds will be allocated to the improvement of transport links to and from Albenga.

The penalties referred to in this point may be combined with those under Legislative Decree No 69 of
27 January 2006 on penalties for infringing Regulation (EC) No 261/2004 establishing common rules
on compensation and assistance to passengers in the event of denied boarding and of cancellation or
long delay of flights, and with the administrative penalties applicable under Legislative Decree No 172
of 4 October 2007 on the rules governing penalties in respect of the allocation of slots.