CELEX: 51990PC0234(02)
Language: en
Date: 1990-06-05
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON ACCESS FOR AIR CARRIERS TO SCHEDULED INTRA-COMMUNITY AIR SERVICES ROUTES AND ON THE SHARING OF PASSENGER CAPACITY BETWEEN AIR CARRIERS ON SCHEDULED AIR SERVICES BETWEEN MEMBER STATES

5. 7. 90                               Official Journal of the European Communities                              N o C 164/11
               Commission proposal for a Regulation on access for air carriers to scheduled intra-Community
               air service routes and on the sharing of passenger capacity between air carriers on scheduled air
                                               services between Member States (')
                                                        COM(90) 234 final
                  (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 6 June 1990)
                                                          (90/C 164/09)
               0) OJ No C 258, 11. 10. 1989 [COM(89) 373 final].
                       ORIGINAL PROPOSAL                                                    AMENDED PROPOSAL
                                                       Fourth recital
Whereas increased market access will stimulate the                   Whereas increased market access will stimulate the
 development of the Community air transport sector and               development of the Community air transport sector and
 give rise to improved services for users; whereas as a              lead to improved services for users; whereas as a conse-
 consequence it is necessary to introduce more liberal               quence it is necessary to introduce more liberal
provisions concerning multiple designation, third, fourth            provisions concerning multiple designation, third, fourth
 and fifth freedom traffic rights and to adopt the first             and fifth freedom traffic rights;
provisions with respect to cabotage.
                                                                     whereas safety conditions must not be affected; whereas,
                                                                     therefore, it is necessary to increase the capacity of air
                                                                     traffic control and airport infrastructure and to improve
                                                                     the allocation of air space in favour of civil aviation.
                                                             Article 1
4.     Airports in the Greek Islands shall be exempted               4.     Airports in the Greek Islands shall be exempted
from the application of this Regulation until 1 July 1993.           from the application of this Regulation until 31 July
Unless otherwise decided by the Council, on a proposal               1993. Any extension of this exemption may be decided
of the Commission, this exemption shall apply for a                  by the Council on a proposal from the Commission only
further period of five years and may be continued for                where the infrastructure is so inadequate and overloaded
five years thereafter.                                               as to prevent automatic access to specific airports.
                                                         Article 2 (e) (ii)
(ii) an air carrier which, although it does not meet the             (ii) an air carrier which, at the time of adoption of this
     definition set out in (i), at time of adoption of this               Regulation, although it does not meet the definition
     Regulation:                                                          set out in (i) but:
 ---pagebreak--- N o C 164/12                           Official Journal of the European Communities                                    5. 7. 90
                      ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
                                                           Article 3
 1.   Member States shall grant, on a non-discriminatory           1.    Member States shall grant, on a non-discriminatory
basis, an operating licence as an air carrier to under-            basis, an operating licence as an air carrier to under-
takings established on their territory when they comply            takings established on their territory when they comply
with a set of requirements including technical and                 with a set of requirements including technical and
economic standards. A Member State which has not                   economic, social and safety standards. Member States
defined such a set of requirements shall do so within              shall not grant such operating licences in the absence of
three months from the entry into force of this Regu-               reasonable guarantees of the financial solvency of the
lation. Member States shall publish these requirements             applicant air carrier for the first three years after
and communicate them forthwith to the Commission.                  commencement of the proposed air services. A Member
                                                                   State which has not defined such a set of requirements
                                                                   shall do so within three months from the entry into force
                                                                   of this Regulation. Member States shall publish these
                                                                   requirements and communicate them forthwith to the
                                                                   Commission.
                                                                   No later than 31 December 1991, the Commission shall
                                                                   submit to the Council a proposal for the harmonization
                                                                   of these requirements.
2. (a) The State of registration shall authorize, on a             2. (a) The State of registration shall authorize, on a
        non-discriminatory basis, applicant Community                      non-discriminatory basis, applicant Community
        air carriers, which are established on its territory               air carriers, which are established on its territory
        and which meet the set of requirements referred                    and which meet the set of requirements including
        to in paragraph 1, to operate air services within                  technical, economic, social and safety standards
        the Community.                                                     referred to in paragraph 1, to operate air services
                                                                           within the Community.
3.    Any decision to refuse a licence or authorization or         3.    Any decision to refuse a licence or authorization or
to attach conditions shall be accompanied by the reasons           to attach conditions shall be accompanied by the reasons
therefore in writing.                                              therefore in writing. Air carriers may complain to the
                                                                   Commission against a decision adopted by a Member
                                                                   State. After hearing all the parties concerned the
                                                                   Commission shall decide whether it will initiate the
                                                                   Article 169 procedure within two months of receipt of
                                                                   the complaint.
                                                           Article 4
                                                 paragraph 1, second indent
    combine these air services in the airports or airport          — combine these air services in the airports or airport
    systems located in the State of registration.                      systems located in the State of registration.
    Combined through services may have the same flight                 Combined through services with no change of
    number.                                                            aircraft may have the same flight number.
 ---pagebreak--- 5. 7. 90                              Official Journal of the European Communities                             No C 164/13
                      ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
                                                          Article 9
Community air carriers shall be permitted to exercise             From 1 January 1993, Community air carriers shall be
cabotage traffic rights between combined points within            permitted to exercise cabotage traffic rights between
the same Member State on the following conditions:                combined points within the same Member State provided
                                                                  that the cabotage traffic rights are exercised on an air
(a) the cabotage traffic rights are exercised on an air           service which constitutes an extension of an air service
     service which constitutes an extension of an air             from or a preliminary of an air service to its State of
     service from or a preliminary of an air service to its       registration.
     State of registration;
(b) it is operated between two airports at least one of
     which is a regional airport;
(c) the air carrier may not use more than 30% of its
     annual seat capacity on the air service concerned for
     the carriage of cabotage passengers.
                                                                                            Article 11
                                                                                       paragraph 2a (new)
                                                                  Except with the agreement of the other Member State(s)
                                                                  concerned, a Member State shall not authorize an air
                                                                  carrier to commence a new service or to increase the
                                                                  frequency of an existing service between a specific
                                                                  airport in its territory and another Member State as long
                                                                  as an air carrier licensed by another Member State is not
                                                                  permitted, on the basis of paragraphs 1 and 2, to
                                                                  establish a new service or to increase frequencies on an
                                                                  existing service to the airport in question.
                                                         Article 12
3.     Paragraphs 1 and 2 shall not apply to a service            3.    Paragraphs 1 and 2 shall not apply to services
between a category 1 airport as listed in Annex II and a          between regional airports irrespective of aircraft capacity
regional airport which is provided by aircraft with not           nor to a route where only carriers from one of the
more than 100 seats nor to a service between regional             Member States operates.
airports irrespective of aircraft capacity.
 ---pagebreak--- N o C 164/14                         Official Journal of the European Communities                                      5. 7. 90
                    ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
                                                         Article 13
 1.   At the request of any Member State for which the            1.    At the request of any Member State for which the
application of Article 12 (1) and (5) had led to serious         application of Article 12 (1) has led to serious financial
financial damage for the air carrier(s) established in its       damage to the air carrier(s) established in its territory,
territory, the Commission will carry out a review and, on        the Commission will carry out a review and, on the basis
the basis of all relevant factors, including the market          of all relevant factors, including the market situation, the
situation, the financial position of the air carrier(s)          financial position of the air carrier(s) concerned and the
concerned and the capacity utilization achieved, will take       capacity utilization achieved, will take a decision on
a decision on whether the capacity sharing on the routes         whether the capacity sharing on the route to or from
to or from that State should be stabilized for a limited         that State should be stabilized for a limited period.
period.
                                                                                       Article 15a (new)
                                                                  1.    No later than 31 December 1991, the Commission
                                                                 shall submit to the Council proposals for:
                                                                 (a) harmonization of the airworthiness of aircraft,
                                                                      including harmonization of maintenance standards
                                                                     and safety in the flight and passenger cabins;
                                                                 (b) air safety controls, including notification of, and
                                                                     inquiries into, accidents, technical incidents and near
                                                                     misses;
                                                                 (c) the capacity and safety of the airways, with
                                                                     particular attention to improving air traffic control;
                                                                 (d) the capacity and safety of airports, including
                                                                     harmonization of safety standards and procedures,
                                                                     the harmonization of noise standards at airports;
                                                                 (e) a code of conduct for slot allocation at airports,
                                                                     airport scheduling and service regulations;
                                                                 (f) mutual recognition and/or harmonization of
                                                                     certificates of those working in the air transport
                                                                     sector (e.g., pilots, cabin crew, air traffic controllers
                                                                     and maintenance mechanics);
                                                                 (g) flight times, air traffic service hours and rest periods
                                                                     for flight crews and cabin crews; working hours of
                                                                     air traffic controllers;
                                                                 (h) compensation for accidents.
                                                                 2.    The Council shall take a decision            on   these
                                                                 proposals not later than 1 January 1993.