CELEX: 51986PC0424
Language: en
Date: 1986-09-11
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING FOR THE SECOND TIME COUNCIL DIRECTIVE 83/416/EEC CONCERNING THE AUTHORIZATION OF SCHEDULED INTERREGIONAL AIR SERVICES FOR THE TRANSPORT OF PASSENGERS, MAIL AND CARGO BETWEEN MEMBER STATES

24.9.86                                   Official Journal of the European Communities                                 No C 240/7
                                                                 II
                                                         (Preparatory Acts)
                                                   COMMISSION
             Proposal for a Council Directive amending for the second time Council Directive 83/416/EEC
             concerning the authorization of scheduled inter-regional air services for the transport of
                                      passengers, mail and cargo between Member States
                                                        COM(86) 424 final
                                (Submitted by the Commission to the Council on 19 August 1986)
                                                          (86/C 240/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas restrictions on the minimum stage-length for an
                                                                     air journey deprive Community carriers of the oppor-
Having regard to the Treaty establishing the European                tunity to offer air services, and air travellers of the
Economic Community, and in particular Article 84 (2)                 choice to use them;
thereof,
                                                                     Whereas common rules should promote the development
                                                                     of direct services between the various regions in the
Having regard to the proposal from the Commission,
                                                                     Community rather than indirect services;
Having regard       to     the opinion    of   the   European        Whereas a direct service between two airports should not
Parliament,                                                          be rejected when an air service between neighbouring
                                                                     airports exists;
Having regard to the opinion of the Economic and
Social Committee,                                                    Whereas it is desirable to extend the period of auth-
                                                                     orizations to five years in order to allow airlines to
Whereas Council Directive 83/416/EEC ('), as amended                 recuperate the costs of development of a new service;
by Directive . . . / . . ./EEC, establishes a Community
procedure for authorizing scheduled inter-regional air               Whereas the potential traffic from some regional airports
services between Member States;                                      is small but viable services can be operated from such
                                                                     airports when combined with services to other regional
Whereas this represents a significant step towards the               airports in the Community, with consequent energy and
                                                                     cost savings;
completion of the internal market;
                                                                     Whereas States affected should be empowered to ensure
Whereas the system set up by the Directive is of an
                                                                     a certain stability in inter-regional air services;
experimental nature and Article 13 of the Directive
therefore provides for the Council to review the
operation of the Directive before 1 July 1986 on the                 Whereas airlines should be allowed to operate inter-
basis of reports furnished by the Commission;                        regional air services only if government controls of
                                                                     economic and technical fitness are adequate;
Whereas experience has shown that only a few services                Whereas Directive 83/416/EEC should be amended
have been authorized in accordance with the provisions               accordingly,
of the Directive, and that it would therefore be desirable
to give air carriers greater scope to develop markets and
thereby contribute to the evolution of the intra-                    HAS ADOPTED THIS DIRECTIVE:
Community network;
                                                                                                 Article 1
Whereas it is particularly important to encourage the
development of services between regional airports and                Directive 83/416/EEC is hereby amended as follows:
major airports so that the Community network can
grow;                                                                1. In Article 1:
                                                                         (i) point (a) is deleted;
O OJ No L 237, 26. 8. 1983, p. 19.                                      (ii) point (c) is replaced by the following:
 ---pagebreak--- No C 240/8                                Official Journal of the European Communities                                   24. 9. 86
         '(c) between airports in the Community of                       2.     A State affected may impose as a condition of
              category 2 and 2 or of category 2 and 1                    authorization that the applicant Community air
              which are open to international scheduled                  carrier shall undertake to operate the service in
              traffic. The classification of airports is                 question for 12 months, or for two seasons in the case
              contained in Annex A.'                                     of a purely seasonal service.'
                                                                     6. Article 9 is replaced by the following:
2. Article 3 is replaced by the following:
                                                                          Article 9
    'Article 3                                                           1.     The provisions of this Directive shall not
    1.     The home State of the air carrier concerned, if it            prejudice the laws and regulations of the Member
   gives its approval, shall forward the application for an              States, applicable either nationally, regionally or
   inter-regional air service to the State(s) affected.                  locally, concerning the protection of the environment
                                                                         or social conditions, nor matters related to the
   2.      The State(s) affected shall authorize the air                 location, operation or safety of airports or their
   carrier concerned to operate such an inter-regional air               facilities. Such laws and regulations shall not,
   service if it conforms to the provisions of this                      however, discriminate against inter-regional air
   Directive.                                                            services.
                                                                         2.     The Home State shall ensure and regularly
   3.      When the home State forwards an application                  verify that an air carrier operating a service under this
   for an inter-regional air service to the State(s)                     Directive is economically and technically fit and shall
   affected, the State(s) affected shall, within three                   refuse or withdraw the autorization if it is dissatisfied
   months of receipt, reach a decision either authorizing               with the results of this verification.
   the service applied for or refusing it on the grounds
   provided for in this Directive and notify the home                    3.     Member States shall without delay inform the
   State and the Commission of the decision.'                            Commission of incidents and accidents involving
                                                                         aircraft operating a service authorized under this
3. Article 4 is replaced by the following:                               Directive in a form corresponding to that of the
                                                                         accident/incident data reporting form drawn up by
    'Article 4                                                          the International Civil Aviation Organization. The
                                                                         Commission shall include information in this respect
   An inter-regional air service shall not be approved                   in its annual report pursuant to Article 12.'
   under the terms of this Directive unless the point of
   origin of the service is located in the home State of             7. In Article 13, '1986' is replaced by '1989'.
   the air carrier. An inter-regional air service between            8. Annex A is replaced by the Annex to this Directive.
   two or more Member States other than an air carrier's
   home State shall however be approved in accordance                                           Article 2
   with the provisions of this Directive where such a
   service constitutes an extension of a service to or from          1.     The Member States shall, after consultation of the
   an air carrier's home State, and where an indirect                Commission, take the necessary steps to amend their
   service between two category 1 airports is not                    laws, regulations and administrative provisions to bring
   established.'                                                     them into conformity with this Directive not later than 1
                                                                     January 1987.
4. In Article 5 (2) 'three years' is replaced by 'five years'.       2.     Member States shall communicate to the
                                                                     Commission all laws and administrative provisions made
5. In Article 6, paragraphs 1 (c) and 2 are replaced by              in furtherance of this Directive.
   the following:
                                                                                                Article 3
   '(c) the proposed tariffs do not meet the requirements
          of Article 7.                                              This Directive is addressed to the Member States.
 ---pagebreak--- 24. 9. 86                             Official Journal of the European Communities                                  N o C 240/9
           'ANNEX A
                                                               Annex
                                Classification of airports open to scheduled international traffic
                        Member State                                     Airport                   Airport Category
          BELGIUM                                      Bruxelles/Brussel-Zaventem
          DENMARK                                     Kebenhavn-Kastrup/Roskilde
          GERMANY                                     Frankfurt/Rhein-Main
                                                      Dusseldorf-Lohausen
                                                      Munchen-Riem
          SPAIN                                       Palma de Mallorca
                                                      Madrid/Barajas
                                                      Malaga
                                                      Las Palmas
          GREECE                                      Athina-Hellinikon
                                                      Thessaloniki-Micra
          FRANCE                                      Paris-Charles de Gaulle/Orly
          IRELAND                                     Dublin
          ITALY                                       Roma-Fiumicino/Ciampino
                                                      Milano-Linate/Malpensa
          NETHERLANDS                                 Amsterdam- Schiphol
          PORTUGAL                                    Lisboa
                                                      Faro
          UNITED KINGDOM                              London-Heathrow/Gatwick/Stansted
                                                      Luton
          All other airports open to scheduled international traffic                                      2'