The Danish national procedure for the allocation of limited air traffic rights
Date: 2009-02-14
Institutions: European Commission
Subjects: Denmark, air law, air traffic, air transport, airline, third country

C 37/24

EN

Official Journal of the European Union

14.2.2009

The Danish national procedure for the allocation of limited air traffic rights

(2009/C 37/07)

In accordance with Article 6 of Regulation (EC) No 847/2004 of the European Parliament and of the
Council of 29 April 2004 on the negotiation and implementation of air service agreements between
Member States and third countries, the European Commission publishes the following national procedure
for the distribution among eligible Community carriers of air traffic rights where they are limited under air
service agreements with third countries.

Denmark — Ministry of Transport
February 2008

Guidelines for the limited distribution of air traffic rights

1.
These guidelines are issued on the basis of Regulation (EC) No 847/2004 of the European Parliament
and of the Council of 29 April 2004 on the negotiation and implementation of air service agreements
between Member States and third countries. They should be applied in cases where more than one air
carrier wishes to use Danish traffic rights which under a bilateral air service agreement which Denmark has
concluded with a third country are limited, in cases in which the scope of these rights does not suffice to
satisfy all the wishes of all interested parties to provide traffic services under the agreement. The guidelines
should also apply if under the agreement in force only one air carrier can be designated even though several
have expressed an interest in being designated.

2.
If the limited traffic rights belong to the three Scandinavian countries of the Community, the case
should be dealt with in accordance with these guidelines if the relevant air route starts or ends in Denmark.
In such cases, there should be consultation with the appropriate authorities of Norway and Sweden.

In these guidelines,

3.
issued an operating licence in accordance with Council Regulation (EEC) No 2407/92.

‘air carrier’ means an air carrier which is established in Denmark and has been

Information on traffic rights under the bilateral air service agreements which Denmark has concluded,
4.
on the distribution of such rights in accordance with these guidelines and on air service negotiations will be
provided by the Ministry of Transport and published on its website (www.trm.dk).

Applications for the distribution of traffic rights under these guidelines should be dealt with by the

5.
Ministry of Transport, and decisions on the granting of such rights should be published.

6.
An air carrier that wishes to use limited traffic rights should submit a written application to the
Ministry of Transport. The application should be drawn up in Danish or English and contain the following
information:

(a) a copy of the air carrier's operating licence if it was not issued by Danish authorities;

(b) a description of the planned air services (e.g. type of aircraft, nationality and registration marks, depar-

ture and arrival times, air route and flights on weekdays);

(c) information about any wet or dry leasing of aircraft planned;

(d) information on any cooperation with other air carriers and its nature and scope;

(e) planned date for starting air services;

(f) type of flights (e.g. passenger or cargo flights);

(g) any connecting flights;

(h) air service price policy.

The Ministry may require applicants to submit additional information for their application.

The Ministry will inform the appropriate authorities of Norway and Sweden of any applications received.

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Official Journal of the European Union

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Applications are processed in a non-discriminatory and transparent procedure. In the procedure,

7.
special values may be assigned to air services that:

— are of optimum use to users,

— foster the most effective competition possible among Community air carriers,

— supply air transport services in all categories of general air services at the lowest reasonable fares,

— promote the healthy development of the Community's aviation sector and trade and tourism, and/or

— meet public transport policy objectives, e.g. with regard to regional development.

8.

In particular, the following points should be taken into account in processing applications:

— what services are being offered,

— flight frequencies,

— the type of aircraft and seating,

— direct or indirect flights,

— starting date of services,

— spread of flights over the year,

— type of services (e.g. passenger or cargo),

— user access to air services (ordering and purchasing tickets),

— availability of connecting flights,

— pricing,

— impact on the environment.

Other aspects may also be taken into account if they are provided by the applicant before a decision is
taken.

9.

In processing applications, account should be taken of the need for continuity in air transport services.

The decision on the distribution of traffic rights in accordance with these guidelines should specify

10.
the considerations on which it is based.

11.

Allocated traffic rights may not be transferred without special permission.

12.
An air carrier which has been authorised to use traffic rights in accordance with these guidelines
should commence the air transport services within the next schedule period. If it fails to do so, the authori-
sation is invalidated.

13.

Authorisation is also invalidated if:

(a) air services are interrupted and are not resumed within six months provided that the interruption is not

due to circumstances beyond the authorised air carrier's control;

(b) the authorised air carrier informs the Ministry of Transport that it no longer wishes to make use of the

authorisation granted.

14.

The Ministry of Transport may partly or fully withdraw authorisation if:

(a) the air services are not operated in accordance with the conditions for authorisation or with the provi-

sions laid down in the bilateral agreement on which the services are based;

(b) the authorised air carrier does not comply with any other provisions governing the air services; or

(c) if there are special grounds for withdrawal.

If authorisation granted pursuant to these guidelines is invalidated or withdrawn, the Ministry may

15.
reconsider the question of authorisation.

These guidelines do not affect any traffic rights in force at any time that are effectively used in a way

16.
that is in conformity with Community law and national competition law.