CELEX: 51988PC0126
Language: en
Date: 1988-03-09
Title: Amendment to the Proposal for a COUNCIL DIRECTIVE amending Council Directive 83/416/EEC concerning the authorisation of scheduled inter-regional air services for the transport of passengers mail and cargo between Member States (submitted by the Commission under Article 149(3) of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 126
Vol. 1988/0038
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                              COM(88 ) 126 final
                                                              Brussels ,  9 March 1988
                      Amendment                   Proposal for a
                                               o
                                    COUNCIL
 amending Council Directive
                             Directive 83/416/EEC       concerning the authorisation of
      scheduled interregional air services for the transport of
           passengers ^ mail and cargo between Member States
                                        /
           ( submitted by the Commission under Article 149(3 )
                                 of the EEC Treaty )
 ---pagebreak---                                     2
                         EXPLANATORY MEMORANDUM
1.     On 19 August 1986 the Commission presented to the Council
a proposal to amend Council Directive 83 /416 / EEC concerning
the authorisation of scheduled inter–regional air services
for the transport of passengers , mail and cargo between
Member States ( l ).
2.     The main purpose of the proposal was to improve the
existing Community arrangements for market access by
expanding on the one hand the scope of the Directive and on
the other hand introducing more flexible provisions .
3 . At its plenary session of 19 December 1987 the Parliament
approved the Commission 's proposal subject to certain
amendments .
4.     The Commission agrees with the amendments as they will
have the effect to bring the Directive in line with the
provisions adopted in the " package " on 14th December 1987 .
5 . The main amendment is that since the expansion of the
scope of the Directive has been included in the package i.e.
with respect to services between main and regional airports ,
this point should no more be dealth with in the Directive .
6 . On the other hand connections for regional airports shall
be encouraged , as they will have the effect to concentrate
more traffic directly between the regions of the Community
and by this way contribute to the decongestion of the main
hubs and of the related air traffic control .
7 . The maintenance of multiple designation and 5th freedom
with a more liberal concept in the Directive , will facilitate
market access and stimulate the development of new and more
viable air services between the regions in the Community .
8 . In relation to combination of points , the provisions in
the package apply also to inter-regional air services . It is
therefore not necessary to include an article in this respect
in that Directive .
 ( 1 ) O.J. N° . C 240 , 24.9.1987 , p 7
                                                                 2
 ---pagebreak---  Text, of the proposal modifying               Amended text
 Directive 83 / 416 / EEC
THE COUNCIL OF THE EUROPEAN
COMMUNITIES ,
Having regard to the Treaty                              UNCHANGED
establishing the European Economic
Community , and in particular Article
84(2 ) thereof .
Having regard to the proposal from the                   UNCHANGED
Commission ,
Having regard to the Opinion of the                      UNCHANGED
European Parliament ( 1 ),
Having regard to the Opinion of the                      UNCHANGED
Economic and Social Committee ( 2 ),
Whereas Council Directive 83 / 416 / EEC                 UNCHANGED
( 3 ) , as amended Dy Directive 86 / 216 / EEC
( 4 ) , establishes a Community procedure
for authorizing scheduled inter¬
regional air services between Memoer
States ;
Whereas this represents a significant                    UNCHANGED
step towards the completion of the
internal market ;
Whereas the system set up by the                         UNCHANGED
Directive is of an 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 basis of
reports furnished by the Commission ;
Whereas experience has shown that only                   UNCHANGED
a few services have been authorised in
accordance with the provisions of the
Directive , and that it would therefore
be desiraole to give air carriers
greater scope to develop markets and
tnereby contribute to the evolution of
the intra-Conununity network ;
 (1)
 ( 2 ) O.J. n° C 105 ,  21.4.1987 ,  P·  4 .
 ( 3 ) O.J. n°  L 237 , 26.8.1983 ,  P· 19 .
 ( 4 ) O.J. n° L 152 ,    6.6.1986 , P· 47 .
 ---pagebreak---                                     -2-
Text of the proposal modifyinq          Amended text
Directive 83 / 416 / EEC
Whereas it is particularly important to This paragraph is deleted .
encourage the development of services
between regional airports and major
airports so that the Community network
can grow ;
Whereas restrictions on the minimum     This paragraph is deleted .
stage - length for an air journey
deprive Community carriers of the
opportunity to offer air services , and
air travellers of the choice to use
them ;
Whereas common rules should promote the UNCHANGED
development of direct services between
the various regions in the Community
rather than indirect services ;
Whereas a direct service between two    UNCHANGED
airports should not be rejected when an
air service between neighbouring
airports exists ;
Whereas it is desirable to extend the   UNCHANGED
period of authorisations to 5 years in
order to allow airlines to recuperate
the costs of development of a new
service ;
Whereas the potential traffic from some UNCHANGED
regional airports is samll but viable
services can be operated from such
airports when combined with services to
other regional airports in the
Community , with consequent energy and
cost savings ;
Whereas States affected should be       UNCHANGED
empowered to ensure a certain stability
in inter-regional air services ;
                                        add the following paragraph :
                                        " Whereas provisions should be
                                        made for rapid consultation
                                        between Member States in the
                                        case of any disagreement and for
                                        procedures for settling such
                                        disagreements regarding approval
                                        of tariffs as are not resolved
                                        by consultations ;"
                                                                     H.
 ---pagebreak--- Text o-f the proposal modify in              Amended text
.0 irecti v 8 3 / 416 / EEC
V/hereas airlines       should be allowed to        UNCHANGED
operate inter-regional air services
only if government controls of economic
and technical fitness are adequate ;
Whereas Directive 83 / 416 / EEC should be          UNCHANGED
amended accordingly ,
 ---pagebreak---                                     **    -
Text of the proposal modifyinq               Amended text
Directive 83 / 416 / EEC
HAS ADOPTED THIS DIRECTIVE Ï
                    ARTICLE 1                                ARTICLE 1
Directive 83 /416 / EEC is hereby            Directive 83 /416 / EEC is hereby
amended as follows :                         amended as follows :
1 . Article 1 is amended as                  1 . Article 1 is amended as
follows Ï                                    follows     :
( i)    point ( a ) is deleted ;             ( i)    UNCHANGED
                                             ( ia ) point ( b ) is replaced by the
                                                    following :
                                             " ( b ) by aircraft which have
                                             capacity of not more than 70
                                             passenger seats ;"
( ii ) ( c ) is replaced by the              ( ii ) ( c ) is  replaced by the
following :                                  following ;
"( c ) between airports in the               " ( c ) between airports in the
Community of category 2 and 2 of             Community of category 2 and 2 ,
category 2 and 1 which are open to           which are open to international
international scheduled traffic .            scheduled traffic .     The
The Classification of airports is            Classification of airports is
contained in Annex A" .                      contained in Annex A" .
2 . Article 3 is replaced by the             2 . Article 3     :
following :
                  " ARTICLE 3 "                UNCHANGED
1 . The Home State of the air
     carrier concerned , if it gives
     its approval , shall forward the
     application for an
     inter-regiional air service to
     the State(s ) affected .
 2 . The State ( s ) affected shall
      authorize the air carrier
      concerned to operate such an
      interregional air service if it
      conforms to the provisions of
      this Directive .
 3 . When the Home State forwards an
      application for an inter¬
      regional air service to the
      State ( s ) affected , the State ( s )
      affected shall , within three
      months of receipt , reach a
      decision either authorizing the
      service applied for or refusing
      it on the grounds provided for
      in this Directive and notify
      the Home State and the
      Commission of the decision ."    11
                                                                                   c
 ---pagebreak---   Text, of the proposal modifyinq     Amended text
 Directive 83 / 416 / EEC
 3 . Article 4 is replaced by the     3 . Article 4 is replaced by the
 following :                          following :
               " Article 4                           " Article 4
 An interregional air service shall  An interregional air service shall
 not be approved under the terms of   not be approved under the terms of
 this Directive unless the point of   this Directive unless the point of
origin of the service is located     origin of the service is located
 in the Home State of the air         in the Home State of the air
carrier . An interregional    air    carrier . An interregional   air
service between two or more Member   service between two or more Member
States other than an air             States other than an air
carrier's Home state shall however   carrier's Home State shall however
be approved in accordance with the   be approved in accordance with the
provisions of this Directive where   provisions of this Directive where
such a service constitutes an        such a service constitutes an
extension of a service to or from    extension of a service to or from
an air carrier's Home State and      the air carrier's Home State ."
where an indirect service between
two category 1 airports is not
established . "
4 . In Article 5(2 ) " three years " 4 . Article 5(2 ) :
is replaced by " five years ".             UNCHANGED
5 . In Article 6 , paragraphs 1(c )  5 . Article 6 , paragraphs 1(c ) and
and 2 are replaced by the            2   :
following :                                      «
"( c ) the proposed tariffs do not         UNCHANGED
       need the requirements of
       Article 7 .
2.     A State affected may impose
       as a condition of
       authorization that the
       applicant Community air
       carrier shall undertake to
       operate the service in
       question for 12 months , or
       for 2 seasons in the case of
       a purely seasonal service ."
 ---pagebreak---                             -6-
Text of the proposal modifying  Amended text
Directive 83 / 416 / EEC
                                5a . Article 7 of the Directive is
                                replaced by the following :
                                            " Article 7
                                1.    The Home State and the State
                                affected shall approve the tariffs
                                charged by an air carrier on a
                                given inter-regional air service
                                without outside subsidy on the
                                basis that they :
                                ( a ) are in reasonable proportion
                                to the costs of the air carrier 's
                                operations for that service
                                without direct or indirect state
                                aid , while permitting a
                                satisfactory return on capital ;
                                and
                                ( b ) do not have tne character of
                                dumping .
                                2.    When the Home State or the
                                State affected ( the first state )
                                decides , in conformity with the
                                first paragraph , not to approve a
                                tariff , it shall inform the other
                                State ( the second State ) in
                                writing within 21 days of the
                                tariff being filed , stating its
                                reasons .
                                If the    second State disagrees
                                with the decision of the first
                                State , the arbitrztion procedure
                                laid down in Article 7 paragraphs
                                2 to 9 of Directive 87 / 601 / EEC of
                                14 december     1987 on fares for
                                scheduled air services between
                                Member States ( 1 ) shall apply ."
                                ( 1 ) O.J.n° L 374 , 31 . 12 . 1987 , p. 12
 ---pagebreak---                                 -7-
Text, of the proposal modifying       Amended text
Directive 83 / 416 / EEC
6 . Article 9 is replaced by the      6 . Article 9 :
following :
               II
                  ARTICLE 9                   UNCHANGED
1 . The provisions of tnis
    Directive snail not prejudice
    the laws and regulations of the
    Memoer States , applicable
    either nationally , regionally
    or locally , concerning the
    protection of the environment
    or social conditions , nor
    matters related to the
    location , operation or safety
    of airports or their
    facilities . Such laws and
    regulations shall not , however ,
    discriminate against inter¬
    regional air services .
2 . The Home State shall ensure and
    regularly verify that an air
    carrier operating a service
    under this Directive is
    economically and technically
    fit and shall refuse or
    withdraw the authorization if
    it is dissatisfied with the
    results of this verification .
3 . Member States shall without
    delay inform the Commission of
    incidents and accidents
    involving aircraft operating a
    service authorised under this
    Directive in a form
    coresponding to that of the
    accident / incident data
    reporting form drawn up by the
    International Civil Aviation
    Organization . The Commission
    shall include information in
    this respect in its annual
    report pursuant to Article 12 ."
7 . in Article 13 , " 1986 " is       7.   Article 13 s
replaced by " 1989 ".                      UNCHANGED
 ---pagebreak---                                  -8-
Text of the proposal modifying       Amended text
Directive 83 / 416 / EEC
8.   Annex A is replaced by the      8.   Annex :
Annex to this Directive                   UNCHANGED .
ARTICLE 2                            ARTICLE 2
1 . The Member States shall , after  1 . The Member States shall , after
consultation of the Commission ,     consultation of the Commission ,
take tne necessary steps to amend    take the necessary steps to amend
their laws , regulations and         their laws , regulations and
administrative provisions to bring   administrative provisions to bring
them into conformity with this       them into conformity with this
Directive not later than 1 January   Directive not later than 1 July
1987 .                               1988 .
2 . Member States shall communicate       UNCHANGED .
to the Commission all laws and
administrative provisions made in
furtherance of this Directive .
ARTICLE 3                            ARTICLE 3
This Directive is addressed to the        UNCHANGED
Member States .
Done at   .                          Done at   .
                   For the Council                     For the Council
                                                                         io