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

C 273/16

EN

Official Journal of the European Union

28.10.2008

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

(Text with EEA relevance)

(2008/C 273/08)

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 Marseille and Nice 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 addition to this basic capacity:

— 2 650 seats per week over a ten-week
period from late June to early September,

— 1 600 seats per week during the IATA
summer scheduling season (excluding the
ten-week period referred to above);

THE AMENDED PUBLIC SERVICE OBLIGATIONS

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

2.1. Minimum frequency,
provided:

timetables

and

capacity

(a) Between Marseille and Ajaccio:

— frequency:

(i) at least three round trips per day from Monday to
Friday, except on public holidays; morning and
evening, to enable customers to make a return trip
on the same day and to spend at least 8 hours in
Ajaccio or 11 hours in Marseille, and one in the
middle of the day;

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

throughout
public holidays,

— services must be non-stop between Ajaccio and

Marseille,

— 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) from Monday to Friday at least 140 seats must be
provided in each direction, morning and evening;

(iii) in view of

the distribution of

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

— 6 300 seats to be allocated to peaks during the

IATA winter scheduling season,

— 6 300 seats during a ten-week period from late

June to early September,

— 6 300 seats to be allocated to peaks during the
IATA summer scheduling season, excluding the
ten-week period referred to above.

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

(ii) the following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

— frequency:

(b) Between Marseille and Bastia:

— throughout

the

year,

5 250 seats per week,
per day on Saturdays and Sundays,

a basic

capacity of
including 750 seats

(1) OJ L 240, 24.8.1992, p. 8.

(i) at least three round trips per day from Monday to
Friday, except on public holidays; morning and
evening, to enable customers to make a return trip
on the same day and spend at least 8 hours in Bastia
or 11 hours in Marseille, and one in the middle of
the day;

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EN

Official Journal of the European Union

C 273/17

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

throughout
public holidays,

— services must be non-stop between Bastia and Marseille,

— 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) from Monday to Friday at least 140 seats must be
provided in each direction, morning and evening;

(ii) the following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

— throughout

the

year,

5 250 seats per week,
per day on Saturdays and Sundays,

a basic

capacity of
including 750 seats

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-
cated by the Transport Board. In the absence of agree-
ment, the final decision will be taken by the Transport
Board.

carrier

shall

the

(c) Between Marseille and Calvi:

— frequency:

(i) at least one round trip per day during the IATA
winter scheduling season, with a minimum stay of
between 7 and 10 hours in Marseille from Monday
to Friday, excluding public holidays, depending on
the opening hours of Calvi airport;

— in addition to this basic capacity:

(ii) at

least

two round trips per day on Saturdays,

Sundays and public holidays;

— 2 650 seats per week over a ten-week
period from late June to early September,

— 1 600 seats per week during the IATA
summer scheduling season, excluding the
ten-week period referred to above;

(iii) in view of

the distribution of

traffic peaks
throughout
the year, due to school and public
holiday dates (in particular All Saints, Christmas,
Easter, Ascension, bridging days, and departing
and returning summer holidaymakers, etc.),
the
following additional minimum capacities (combined
capacity for both directions) must be offered and
agreed in advance of each IATA scheduling season
in an explicit memorandum of understanding with
the Corsican Transport Board:

— 6 300 seats to be allocated to peaks during the

IATA winter scheduling season,

— 6 300 seats over a ten-week period from late

June to early September,

— 6 300 seats to be allocated to peaks during the
IATA summer scheduling season, excluding the
ten-week period referred to above.

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

(iii) at least two round trips per day during the IATA
summer scheduling season, with a minimum stay of
between 7 and 10 hours in Marseille from Monday
to Friday, excluding public holidays, depending on
the opening hours of Calvi airport,

— services must be non-stop between Marseille 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) the following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

— a basic

capacity of 950 seats per week
increased to 1 500 seats
throughout the year,
per week during the IATA summer scheduling
season,

— in addition to this basic capacity, 550 seats per
week during the ten-week period from late June
to early September;

the distribution of

traffic peaks
(ii) in view of
throughout
the year, due to school and public
holiday dates (in particular All Saints, Christmas,
Easter, Ascension, bridging days, and departing
and returning summer holidaymakers, etc.),
the
following additional minimum capacities (combined
capacity for both directions) must be offered and
agreed in advance of each IATA scheduling season in
an explicit memorandum of understanding with the
Corsican Transport Board:

— 1 050 seats to be allocated to peaks during the

IATA winter scheduling season,

C 273/18

EN

Official Journal of the European Union

28.10.2008

— 4 000 seats during a ten-week period from late

June to early September,

— 5 500 seats to be allocated to peaks during the
IATA summer scheduling season, excluding the
ten-week period referred to above.

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

These additional minimum 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-
cated by the Transport Board. In the absence of agree-
ment, the final decision will be taken by the Transport
Board.

carrier

shall

the

(d) Between Marseille and Figari:

— frequency:

(i) at least two round trips per day from Monday to
Friday, except on public holidays, morning and
evening, to enable customers to make a return trip
on the same day and spend at least 10 hours in
Marseille and at least seven hours in Figari;

(ii) at

least

two round trips per day on Saturdays,

Sundays and public holidays,

— services must be non-stop between Marseille and Figari,

— 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) the following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

— throughout

the

year,

capacity of
1 500 seats per week increased to 1 700 seats
per week during the IATA summer scheduling
season,

a basic

and returning summer holidaymakers, etc.),
the
following additional minimum capacities (combined
capacity for both directions) must be offered and
agreed in advance of each IATA scheduling season in
a memorandum of understanding with the Corsican
Transport Board:

— 1 050 seats to be allocated to peaks during the

IATA winter scheduling season,

— 4 000 seats during a ten-week period from late

June to early September,

— 5 500 seats to be allocated to peaks during the
IATA summer scheduling season, excluding the
ten-week period referred to above.

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-
cated by the Transport Board. In the absence of agree-
ment, the final decision will be taken by the Transport
Board.

carrier

shall

the

(e) Between Nice and Ajaccio:

— frequency:

(i) at least three round trips per day from Monday to
Friday, except on public holidays; morning and
evening, to enable customers to make a return trip
on the same day and spend at least 8 hours in
Ajaccio or 11 hours in Nice, and one in the middle
of the day;

(ii) at least six round trips in total spread over Saturday

and Sunday;

(iii) at least three round trips on public holidays, with
the exception of Saturdays and Sundays falling on
public holidays,

— in addition to this basic capacity, 1 300 seats per
week during the ten-week period from late June
to early September;

the distribution of

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

— services must be non-stop between Ajaccio and Nice,

— the capacity offered must allow freight and/or post to be
transported and, with regard to the transport of passen-
gers, must meet the following conditions:

(i) from Monday to Friday at least 60 seats must be
provided in each direction, morning and evening;

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Official Journal of the European Union

C 273/19

(ii) the following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

(ii) the following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

— throughout

the

year,

a basic

capacity of

2 650 seats per week,

— a basic capacity of 2 650 seats per week

throughout the year,

— in addition to this basic capacity:

— in addition to this basic capacity:

— 950 seats per week during a ten-week
period from late June to early September,

— 450 seats per week during the

IATA
summer scheduling season (excluding the
ten-week period referred to above);

— 550 seats per week during a ten-week
period from late June to early September,

— 300 seats per week during the

IATA
summer scheduling season (excluding the
ten-week period referred to above);

(iii) in view of

the distribution of

traffic peaks
throughout
the year, due to school and public
holiday dates (in particular All Saints, Christmas,
Easter, Ascension, bridging days, and departing
and returning summer holidaymakers, etc.),
the
following additional minimum capacities (combined
capacity for both directions) must be offered and
agreed in advance of each IATA scheduling season
in a memorandum of understanding with the
Corsican Transport Board:

— 1 600 seats to be allocated to peaks during the

IATA winter scheduling season,

— 4 200 seats during a ten-week period from late

June to early September,

— 3 200 seats to be allocated to peaks during the
IATA summer scheduling season (excluding the
ten-week period referred to above).

(f) Between Nice and Bastia:

— frequency:

(i) at least three round trips per day from Monday to
Friday, except on public holidays; morning and
evening, to enable customers to make a return trip
on the same day and spend at least 8 hours in
Bastia or 11 hours in Nice, and one in the middle
of the day;

(ii) at least six round trips in total spread over Saturday

and Sunday;

(iii) at least three round trips on public holidays, with
the exception of Saturdays and Sundays falling on
public holidays,

— services must be non-stop between Bastia and Nice,

— 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:

(iii) in view of

the distribution of

traffic peaks
throughout
the year, due to school and public
holiday dates (in particular All Saints, Christmas,
Easter, Ascension, bridging days, and departing
the
and returning summer holidaymakers, etc.),
following additional minimum capacities (combined
capacity for both directions) must be offered and
agreed in advance of each IATA scheduling season
in a memorandum of understanding with the
Corsican Transport Board:

— 1 600 seats to be allocated to peaks during the

IATA winter scheduling season,

— 3 200 seats during a ten-week period from late

June to early September,

— 3 200 seats to be allocated to peaks during the
IATA summer scheduling season (excluding the
ten-week period referred to above).

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-
cated by the Transport Board. In the absence of agree-
ment, the final decision will be taken by the Transport
Board.

carrier

shall

the

(g) Between Nice and Calvi:

— frequency: at least one round trip per day,

(i) from Monday to Friday at least 60 seats must be
provided in each direction, morning and evening;

— services must be non-stop between Nice and Calvi,

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Official Journal of the European Union

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— the capacity provided must meet the following condi-

— services must be non-stop between Nice and Figari,

tions:

(i) the following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

— a basic

capacity of 600 seats per week

throughout the year,

— in addition to this basic capacity:

— 1 400 seats per week during a ten-week
period from late June to early September,

— 400 seats per week during the IATA summer
scheduling season, excluding the ten-week
period referred to above;

the distribution of

(ii) in view of
traffic peaks
the year, due to school and public
throughout
holiday dates (in particular All Saints, Christmas,
Easter, Ascension, bridging days, and departing and
returning summer holidaymakers, etc.), the following
additional minimum capacities (combined capacity
for both directions) must be offered and agreed in
advance of each IATA scheduling season in a
memorandum of understanding with the Corsican
Transport Board:

— 1 050 seats to be allocated to peaks during the

IATA winter scheduling season,

— 1 600 seats during a ten-week period from late

June to early September,

— 2 300 seats to be allocated to peaks during the
IATA summer scheduling season (excluding the
ten-week period referred to above).

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-
cated by the Transport Board. In the absence of agree-
ment, the final decision will be taken by the Transport
Board.

carrier

shall

the

(h) Between Nice and Figari:

— frequency: at least one round trip per day,

— 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) the following minimum weekly capacities must be
provided and indicated in the published timetables
(combined capacity for both directions):

— a basic

capacity of 600 seats per week

throughout the year,

— to this basic capacity should be added:

— 1 400 seats per week during a ten-week
period from late June to early September,

— 400 seats per week during the IATA summer
scheduling season (excluding the ten-week
period referred to above);

the distribution of

(ii) in view of
traffic peaks
the year, due to school and public
throughout
holiday dates (in particular All Saints, Christmas,
Easter, Ascension, bridging days, and departing and
returning summer holidaymakers, etc.), the following
additional minimum capacities (combined capacity
for both directions) must be offered and agreed in
advance of each IATA scheduling season in a
memorandum of understanding with the Corsican
Transport Board:

— 1 050 seats to be allocated to peaks during the

IATA winter scheduling season,

— 2 650 seats during a ten-week period from late

June to early September,

— 2 300 seats to be allocated to peaks during the
IATA summer scheduling season (excluding the
ten-week period referred to above).

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-
cated by the Transport Board. In the absence of agree-
ment, the final decision will be taken by the Transport
Board.

carrier

shall

the

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Official Journal of the European Union

C 273/21

2.2.

Fares

The following fares exclude distribution costs and per capita
taxes and duties charged by the State,
local authorities and
airport authorities, and identified as such on the air ticket:

— the normal single fare on Marseille-Corsica routes must be
no more than EUR 115, or EUR 120 during the ten-week
period from late June to early September; on Nice-Corsica
it must be no more than EUR 111, or EUR 116
routes,
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
in order to make a round trip starting from
40 days,
Corsica, 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 fare of no more than EUR 46
per leg on Marseille-Corsica routes and a fare of no more
than EUR 43 per leg on Nice-Corsica routes all year round
on all flights, without capacity restriction,

— the following categories of passengers must be entitled to a
fare of no more than EUR 53 per leg, or no more than
EUR 58 per leg during the ten-week period from late June
to early September, on Marseille-Corsica routes, and to a fare
of no more than EUR 50 per leg, or EUR 55 per leg during
the ten-week period from late June to early September, on
Nice-Corsica routes:

(i) young persons (under 25 years of age);

(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.

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 above categories of passenger without any
restriction whatsoever until the last seat available has been sold.

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

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 appro-
priate period.

if

increased,

costs have

By contrast,
thereby causing a
corresponding increase in fares but these costs subsequently
revert to their previous level and all other factors, notably dura-
tion, 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 reservation
system or through one of the following methods: reservation
centre, travel agencies, Internet, airport ticketing desk. In addi-
tion 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, expressed in gross and net amounts,
indicating distribution costs, depending on the methods in ques-
tion.

Carriers must
following passengers are accepted on an unrestricted basis:

take appropriate measures to ensure that

the

— 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 regu-
lation. 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 to a baggage allowance of
20 kg free of charge. The amount of excess baggage charged per
passenger shall not exceed the sum of EUR 1 per kg under any
circumstances.

for each route, at

The carrier may enter
into an IATA inter-line agreement
least one carrier operating air
regarding,
services to domestic destinations, specifically Paris (Orly), from
Marseille or Nice airports as appropriate, governing fares and
baggage handling, the rules of application of which may be
specified in the periodic memoranda of understanding between
the carrier and the Corsican Transport Board.

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, other than additional flights,
scheduled in any IATA scheduling season.

In accordance with Article 4(1)(c) of Regulation (EEC)
No 2408/92 referred to above, any carrier intending to operate
any one 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.

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Official Journal of the European Union

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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 the way in which 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 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,
international
whether
network.

these occur on the domestic or

(d) Technical conditions of operation

The particular conditions through which the possibility and
regularity of
(aircraft and replacement of crew
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.