Amendment by France of the public service obligations imposed on scheduled air services between Ajaccio, Bastia, Calvi and Figari, and Paris-Orly (Text with EEA relevance)
Date: 2008-10-28
Institutions: European Commission
Subjects: Corsica, France, air freight rate, air transport, airline, inland transport, public service

C 273/10

EN

Official Journal of the European Union

28.10.2008

NOTICES FROM MEMBER STATES

Amendment by France of the public service obligations imposed on scheduled air services between
Ajaccio, Bastia, Calvi and Figari, and Paris-Orly

(Text with EEA relevance)

(2008/C 273/07)

1.
Pursuant to the decisions of the Corsican regional authori-
ties of 19 June 2008 and 9 October 2008, France has decided
to amend, from 29 March 2009, the public service obligations
imposed on scheduled air services between Ajaccio, Bastia, Calvi
and Figari on the one hand and Paris (Orly) on the other, as
published in the Official Journal of the European Union C 149 of
21.6.2005, pursuant to Article 4(1)(a) of Council Regulation
(EEC) No 2408/92 of 23 July 1992 on access for Community
air carriers to intra-Community air routes (1).

In accordance with Article 9 of Council Regulation (EEC)
No 95/93 of 18 January 1993 on common rules for the alloca-
tion of slots at Community airports (2), the French authorities
have decided to reserve certain slots at Orly airport for the
operation of the above-mentioned services.

THE AMENDED PUBLIC SERVICE OBLIGATIONS

2.
TAKE
ACCOUNT IN PARTICULAR OF CORSICA'S ISLAND STATUS AND
ARE AS FOLLOWS:

2.1. Minimum frequency, timetables, type of aircraft used
and capacity provided:

(a) Between Paris-Orly and Ajaccio:

— frequency:

(i) at least three round trips per day from Monday to
Friday, except on public holidays, with the timetables
enabling passengers to make a return trip on the
same day and spend at least 11 hours in Paris or
7 hours in Ajaccio;

(ii) at least three round trips per day, evenly spread
the day, on Saturdays, Sundays and

throughout
public holidays,

— services must be operated by turbojet aircraft,

— services must be non-stop between Paris-Orly and

Ajaccio,

— the capacity offered must allow freight and/or post to be
carried and enable passengers to be carried subject to
the following conditions:

(1) OJ L 240, 24.8.1992, p. 8.
(2) OJ L 14, 22.1.1993, p. 1.

(i) throughout the year, the minimum basic capacity is
950 seats per day, of which at least 170 per leg are
to be provided in the evening from 18.00.

In addition to this basic capacity:

— 1 200 seats per day for ten weeks from late June

to early September,

— 500 seats per day from late March to late
October (excluding the ten-week period referred
to above);

the distribution of

traffic peaks
(ii) in view of
throughout
the year, due to school and public
holiday dates (All Saints, Christmas, Easter, Ascen-
sion, Whitsun, bridging days, and departing and
returning summer holidaymakers, etc.) the following
minimum additional capacities must be offered (total
capacity in both directions) and allocated primarily
to:

— the first and last days of school holidays,

— a

single-day holiday occurring on Tuesday,
Wednesday or Thursday and the day before that
holiday,

— on the day before and on the last day of long
weekends where the day before Saturday and/or
after Sunday is a public holiday.

The minimum additional capacity is as follows:

— 12 000 seats to be allocated to traffic peaks

during the IATA winter scheduling season,

— during ten weeks

from late June to early
September: 2 800 seats, plus 11 500 seats in
2009 allocated according to the calendar each
year to cover the extra demand at the following
late July/early
peak times: early July, mid-July,
August, mid-August and late August/start of the
school year, with a 5 % increase in capacity
during 2010 and in 2011,

28.10.2008

EN

Official Journal of the European Union

C 273/11

— during the rest of

the IATA summer season,
outside of
the ten weeks mentioned above:
36 000 seats in 2009 to be allocated to the peak
travel season, with capacity to be increased by
5 % in 2010 and 5 % in 2011.

These additional capacities will not
include any
excess seats spontaneously offered over and above
these basic capacities.

These minimum additional
capacities must be
offered for sale at least two months before the dates
of the flights concerned,

— timetables and the distribution over the year of

the
various capacities will be the subject of an explicit
memorandum of understanding,
in advance of each
IATA air season, with the Corsican Transport Board. In
order to do this and prior to finalising this memor-
andum of understanding,
submit
programme proposals using the electronic form indi-
In the absence of an
cated by the Transport Board.
agreement, the final decision will be taken by the Trans-
port Board.

carrier

shall

the

(b) Between Paris-Orly and Bastia:

— frequency:

(i) at least three round trips per day from Monday to
Friday, except on public holidays, with the timetables
enabling passengers to make a return trip the same
day and spend at least 11 hours in Paris or 7 hours
in Bastia;

(ii) at least three round trips per day, evenly spread
the day, on Saturdays, Sundays and

throughout
public holidays,

— services must be operated by turbojet aircraft,

— services must be non-stop between Paris-Orly and

Bastia,

— the capacity offered must allow freight and/or post to be
carried and enable passengers to be carried subject to
the following conditions:

(i) throughout the year, the minimal basic capacity is
950 seats per day, of which at least 170 per leg are
to be provided in the evening from 18.00.

In addition to this basic capacity:

returning summer holidaymakers, etc.), the following
minimum additional capacities must be offered (total
capacity in both directions) and allocated primarily
to:

— the first and last days of school holidays,

— a

single-day holiday occurring on Tuesday,
Wednesday or Thursday and the day before that
holiday,

— on the day before and on the last day of long
weekends where the day before Saturday and/or
after Sunday is a public holiday.

The minimum additional capacity is as follows:

— 10 000 seats to be allocated to traffic peaks

during the IATA winter scheduling season,

— during ten weeks
2 000

from late June to early
September:
plus
per week,
seats
11 500 seats in 2009 allocated according to the
calendar each year to cover the extra demand at
the following peak times: early July, mid-July,
July/early August, mid-August and late
late
August/start of
the school year, with a 5 %
increase in capacity during 2010 and in 2011,

— during the rest of

the IATA summer season,
outside of the ten-week period referred to above:
36 000 seats in 2009 to be allocated to peak
traffic periods, and a 5 % increase in capacity
in 2010 and 2011.

These additional capacities will not
include any
excess seats spontaneously offered over and above
these basic capacities.

These minimum additional
capacities must be
offered for sale at least two months before the dates
of the flights concerned,

— timetables and the distribution over the year of

the
various capacities will be the subject of an explicit
memorandum of understanding,
in advance of each
IATA air season, with the Corsican Transport Board. In
order to do this and prior to finalising this memor-
submit
andum of understanding,
programme proposals using the electronic form indi-
cated by the Transport Board.
In the absence of an
agreement, the final decision will be taken by the Trans-
port Board.

carrier

shall

the

— 800 seats per day during a ten-week period from

late June to early September,

(c) Between Paris-Orly and Calvi:

— 250 seats per day from late March to late
October (excluding the ten-week period referred
to above);

— frequency:

the distribution of

traffic peaks
(ii) in view of
throughout
the year, due to school and public
holiday dates (All Saints, Christmas, Easter, Ascen-
sion, Whitsun, bridging days, and departing and

(i) at least five round trips per week,

including three
from Friday to Sunday and one mid-week, with
capacity to carry at least 140 passengers each way
on each of the days in question, during the IATA
winter scheduling season;

C 273/12

EN

Official Journal of the European Union

28.10.2008

(ii) at least one round trip per day, with capacity to
least 140 passengers, during the IATA

carry at
summer scheduling season,

— services must be operated by turbojet aircraft,

— services must be non-stop between Paris-Orly and Calvi,

— the capacity offered must allow freight and/or post to be
carried and, with regard to the carriage of passengers,
must meet the following conditions:

(i) a minimum basic capacity of 1 500 seats per week

throughout the year.

From late March to late October, the minimum capa-
city must be at least 140 seats in the afternoon in
the following cases:

— on Fridays from Paris to Calvi,

— on Sunday, unless the following Monday is a

public holiday, from Calvi to Paris,

— where the day before Saturday and/or after
Sunday is a public holiday, on the day before the
long weekend from Paris to Calvi and on the last
day of the long weekend from Calvi to Paris,

— on the day before a public holiday from Paris to
Calvi and on the public holiday itself from Calvi
to Paris in the case of a single-day public holiday
occurring on Tuesday, Wednesday or Thursday.

In addition to this basic capacity:

— a minimum of 2 800 seats per week during a
to early

ten-week period from late
September,

June

The minimum additional capacity is as follows:

— 2 000 seats to be allocated to traffic peaks

during the IATA winter scheduling season,

— during ten weeks in the summer from late June
to early September: 1 900 seats per week,
plus 8 500 seats in 2009 allocated according to
the calendar each year to cover the extra demand
at the following peak times: early July, mid-July,
July/early August, mid-August and late
late
the school year, with a 5 %
August/start of
increase in capacity during 2010 and in 2011,

— during the rest of

the 2009 IATA summer
season, outside of the ten-week period referred
to above: 16 000 seats in 2009 to be allocated
to peak traffic periods and a 5 % increase in
capacity in 2010 and 2011.

These additional capacities will not
include any
excess seats spontaneously offered over and above
these basic capacities.

These minimum additional
capacities must be
offered for sale at least two months before the dates
of the flights concerned,

— timetables and the distribution over the year of

the
various capacities will be the subject of an explicit
memorandum of understanding,
in advance of each
IATA air season, with the Corsican Transport Board. In
order to do this and prior to finalising this memor-
andum of understanding,
submit
programme proposals using the computer form indi-
cated by the Transport Board.
In the absence of an
agreement, the final decision will be taken by the Trans-
port Board.

carrier

shall

the

— 650 seats per week from late March to late
October, excluding the ten-week period referred
to above;

(d) Between Paris-Orly and Figari:

the distribution of

traffic peaks
(ii) in view of
throughout
the year, due to school and public
holiday dates (All Saints, Christmas, Easter, Ascen-
sion, Whitsun, bridging days, and departing and
returning summer holidaymakers, etc.) the following
minimum additional capacities must be offered (total
capacity in both directions):

— the first and last days of school holidays,

— a

single-day holiday occurring on Tuesday,
Wednesday or Thursday and the day before that
holiday,

— on the day before and on the last day of long
weekends where the day before Saturday and/or
after Sunday is a public holiday.

— frequency:

(i) at least five round trips per week,

including three
from Friday to Sunday and one mid-week, with
capacity to carry at least 140 passengers each way
on each of the days in question, during the IATA
winter scheduling season;

(ii) at least one round trip per day, with capacity to
least 140 passengers, during the IATA

carry at
summer scheduling season,

— services must be operated by turbojet aircraft,

— services must be non-stop between Paris-Orly and Figari,

28.10.2008

EN

Official Journal of the European Union

C 273/13

— the capacity offered must allow freight and/or post to be
carried and, with regard to the carriage of passengers,
must meet the following conditions:

(i) throughout the year, a minimum basic capacity of

1 500 seats per week.

From late March to late October, the minimum capa-
city must be at least 140 passengers after 18.00 in
the following cases:

— on Fridays from Paris to Figari,

— on Sunday, unless the following Monday is a

public holiday, from Figari to Paris,

— where the day before Saturday and/or after
Sunday is a public holiday, on the day before the
long weekend from Paris to Figari and on the
last day of the long weekend from Figari to Paris,

— on the day before a public holiday from Paris to
Figari and on the public holiday itself from Figari
to Paris in the case of a single-day public holiday
occurring on Tuesday, Wednesday or Thursday.

— during the rest of

the 2009 IATA summer
season, outside of the ten-week period referred
to above: 16 000 seats in 2009 to be allocated
to peak traffic periods, and a 5 % increase in
capacity in 2010 and 2011.

These additional capacities will not
include any
excess seats spontaneously offered over and above
these basic capacities.

These minimum additional
capacities must be
offered for sale at least two months before the dates
of the flights concerned,

— timetables and the distribution over the year of

the
various capacities will be the subject of an explicit
memorandum of understanding,
in advance of each
IATA air season, with the Corsican Transport Board. In
order to do this and prior to finalising this memor-
andum of understanding,
submit
programme proposals using the electronic form indi-
In the absence of an
cated by the Transport Board.
agreement, the final decision will be taken by the Trans-
port Board.

carrier

shall

the

In addition to this basic capacity:

2.2.

Fares

— a minimum of 2 800 seats per week during a
to early

ten-week period from late
September,

June

— 650 seats per week from late March to late
October, excluding the ten-week period referred
to above;

the distribution of

traffic peaks
(ii) in view of
throughout
the year, due to school and public
holiday dates (All Saints, Christmas, Easter, Ascen-
sion, Whitsun, bridging days, and departing and
returning summer holidaymakers, etc.) the following
minimum additional capacities must be offered (total
capacity in both directions):

— the first and last days of school holidays,

— a

single-day holiday occurring on Tuesday,
Wednesday or Thursday and the day before that
holiday,

— on the day before and on the last day of long
weekends where the day before Saturday and/or
after Sunday is a public holiday.

The minimum additional capacity is as follows:

— 2 000 seats to be allocated to traffic peaks

during the IATA winter scheduling season,

— during ten weeks
1 900

from late June to early
September:
plus
per week,
seats
9 000 seats in 2009 allocated according to the
calendar each year to cover the extra demand at
the following peak times: early July, mid-July,
July/early August, mid-August and late
late
August/start of
the school year, with a 5 %
increase in capacity during 2010 and in 2011,

The following fares exclude distribution costs and per capita
taxes and duties levied by the State, local authorities and airport
authorities, and identified as such on the air ticket, but include
value added tax (VAT) on the mainland section of the route.

— the normal single fare on routes between Paris-Orly and
Corsica must be no more than EUR 186 per leg, or EUR 216
during the ten-week period from late
June to early
September,

— passengers whose principal place of residence is in Corsica
and who use tickets purchased in Corsica, the validity of
which is restricted to a stay outside the island of less than
40 days, in order to make a round trip, other than resident
students under 27 years of age, young residents educated on
the mainland and minors who are children of divorced
parents with one parent
residing on Corsica, must be
entitled to a return fare of no more than EUR 156 on
Paris-Orly-Corsica routes all year
flights,
without capacity restrictions,

round on all

— the following categories of passengers must be entitled to a
fare of no more than EUR 91 per leg, or EUR 102 per leg
during the ten-week period from late
June to early
September, on all flights on routes between Paris-Orly and
Corsica:

(i) young persons (under 25 years old);

(ii) senior citizens (aged 60 years or over);

(iii) students under 27 years of age;

(iv) families (at

least

two members of

the same family

travelling together);

(v) disabled persons.

C 273/14

EN

Official Journal of the European Union

28.10.2008

In respect of at least 50 % of daily capacity in each direction
on each route, carriers must authorise the sale of tickets at
the above fares to the five above categories of passenger
without any restriction whatsoever until the last seat avail-
able has been sold.

For all categories of passengers, the carrier may require that
a ticket be issued and paid for within a timeframe propor-
tional to that which has elapsed since the reservation, on the
basis of a table to be drawn up in agreement with the
Corsican Transport Board.

Passengers charged on the basis of a ‘resident’ rate must be
grouped together with those who have paid a full fare for
boarding purposes.

In the event of an abnormal and unforeseeable increase in
costs affecting the operation of the air routes, outside of the
carrier's control, these maximum fares may be raised in
proportion to the increase. The new maximum fares will be
notified to the carriers operating the services and will apply
within an appropriate period.

By contrast, if costs have increased, thereby causing a corre-
sponding increase in fares but
these costs subsequently
revert to their previous level and all other factors, notably
duration, are the same as before, the fare increase will be
cancelled within the same timeframe once the carrier has
been notified accordingly.

All fares offered to passengers must be accessible and sold
on a permanent basis using at least one international reser-
vation system or through one of the following methods:
reservation centre, travel agencies, Internet, airport ticketing
desk. In addition to each of these sales methods, users must
also have access to clear and specific information in paper
and electronic format, on current fare conditions, given in
gross
indicating distribution costs,
depending on the methods in question.

amounts,

and net

Carriers must take appropriate measures to ensure that the
following passengers are accepted on an unrestricted basis:

— unaccompanied minors (UMs) within the meaning of the
IATA regulation, from the age of four years, with no fare
surcharges applied,

— passengers whose mobility is reduced or who suffer
from a recognised disability (WCHR, WCHS, WCHC) will
be granted access on board in accordance with the IATA
regulation. To this end, carriers will have to demonstrate
that they have access to approved stretchers. The fare
surcharges applied may not exceed the sum of the seats
occupied in order to transport these passengers.

Carriers will grant each passenger a baggage allowance of
20 kg free of charge. The amount of excess baggage charged
per passenger shall not exceed the sum of EUR 3 per kg
under any circumstances.

The carrier may enter into an IATA inter-line agreement
regarding, for each route, at least one carrier operating to
domestic destinations
and
from Paris
governing fares and baggage handling, the rules of applica-
tion of which may be specified in the periodic memoranda
of understanding between the carrier and the Corsican
Transport Board.

airport

(Orly)

2.3.

Continuity of service

Except in cases of force majeure, the number of flights cancelled
for reasons directly attributable to the carrier must not exceed
1 % of the number of flights scheduled in any IATA scheduling
season.

In accordance with Article 4(1)(c) of Regulation (EEC)
No 2408/92, any carrier intending to operate any of
these
routes must undertake to do so for at least twelve consecutive
months.

The carrier may discontinue these services only after giving at
least six months' advance notice.

2.4.

Conditions for the provision of services

Any Community carrier wishing to operate one or other of the
routes subject to the public service obligations referred to above
must provide a detailed description of how it intends to provide
these services, by providing, in particular, the following pieces
of information.

(a) Operating programs

Operating programs (frequency, timetables, types of aircraft
used, etc.) will be notified for the various periods set out in
the public service obligations. The conditions for providing
additional flights will also be set out.

(b) Fares policy

The carrier will provide a detailed table setting out its rates
(full rate, reduced rate and detailed rules for application).

(c) Commercial conditions of operation

The carrier will set out the provisions envisaged for the
transport of freight and/or post, for sales and the reservation
systems, and arrangements for unaccompanied minors (UM)
and reduced-mobility passengers in accordance with the
provisions of
It will also
the public service agreements.
specify the services provided on board and the inter-line
irrespective of
agreements allowing for possible transfers,
whether
international
network.

these occur on the domestic or

28.10.2008

EN

Official Journal of the European Union

C 273/15

(d) Technical conditions of operation

The particular conditions through which the possibility and
(aircraft and replacement of crew
regularity of
members in particular) is ensured, will be set out.

flights

Community carriers should be aware that operation of these
routes without complying with the public service obligations
mentioned above may, in addition to incurring the adminis-
trative and/or legal penalties provided for, lead to their being

banned from taking part in any tender procedures organised
by the Corsican regional authorities for a period of at least
5 years.

(e) Labour conditions

In accordance with the provisions of the French labour code
(Article L 1224-1), the carrier shall notify the labour condi-
tions which it will implement in respect of its staff.