CELEX: 51992PC0274(03)
Language: en
Date: 1992-06-22
Title: Amendment to the proposal for a COUNCIL REGULATION (EEC) on fares and rates for air services

13 . 8 . 92                                Official Journal of the European Communities                                 No C 206 / 53
                     Amendment to the proposal for a Council Regulation on fares and rates for air services
                                                            ( 92 / C 206 / 06 )
                                                          COM(92) 274 final
                 (Submitted by the Commission on 19 June 1992 pursuant to Article 149 (3) of the EEC Treaty)
                        COMMISSION TEXT (')                                                        AMENDMENTS
                                                           Amendment No 1
                          Fourth recital                                                         Fourth recital
 Whereas in Council Regulation (EEC) No 2342 / 90 the                    Whereas in Regulation (EEC) No 2342 / 90 the Council
 Council decided to introduce a system of double disapproval             stated that the introduction of a system of double disapproval
 for all air fares by 1 January 1993 ;                                   of air fares remained an objective to be achieved by 1 January
                                                                         1993 :
                                                           Amendment No 2
                           Fifth recital                                                           Fifth recital
Whereas air fares normally should be determined freely by               Whereas air fares and rates normally should be determined
market forces where competition exists;                                  freely by market forces where competition exists;
                                                          Amendment No 3
                          Ninth recital                                                           Ninth recital
Whereas in situations where competition is limited it is                Whereas it is appropriate to provide for a transparent und
appropriate to provide for a transparent and objective                  objective procedure according to which the Commission , on
procedure according to which Member States may ask the                  its own initiative or at the request of Member States, may
Commission to examine and decide on whether a proposed                  examine and decide whether a proposed air fare conforms
air fare conforms with the criteria laid down ;                         with the criteria laid down;
                                                          Amendment No 4
                         Twelfth recital                                                        Twelfth recital
Whereas possibilities for third country air carriers to charge          Whereas in order for third country air carriers to participate
air fares on routes within the Community should be settled in           normally in the market they should be able to charge the
an agreement between the Community and the third country                normal economy fare or its equivalent;
concerned; whereas in order for third country air carriers to
participate normally in the market they should be able to
charge the normal economy fare or its equivalent;
(') For full text see COM(91 ) 275 final —*• OJ No C 258 ,
    4.10.1991,p.l5 .
 ---pagebreak--- No C 206 / 54                               Official Journal of the European Communities                                      13 . 8 . 92
                        COMMISSION TEXT                                                          AMENDMENTS
                                                           Amendment No 5
                          Article 2 (a)                                                         Article 2 (a)
(a) air fares means the prices to be paid in Ecu for the               (a) air fares means the prices to be expressed in
      carriage of passengers and baggage on air services and                ECU/ applicable local currencies for the carriage of
      the conditions under which those prices apply , including             passengers and baggage on air services and the
      remuneration and condition offered to agency and other                conditions under which those prices apply , including
      auxiliary services;                                                   remuneration and condition offered to agency and
                                                                            other auxiliary services;
                                                           Amendment No 6
                          Article 2 (b)                                                         Article 2 (b)
( b) rates means the prices to be paid in ecu for the carriage of      (b) rates means the prices to be expressed in ecu / applicable
      air cargo and/ or mail on air services and the conditions             local currencies for the carriage of air cargo on air
      under which those prices apply , including remuneration               services and the conditions under which those prices
      and conditions offered to agency and other axiliary                   apply , including remuneration and conditions offered to
      services ;                                                            agency and other auxiliary services;
                                                           Amendment No 7
                          Article 2 (d)                                                         Article 2 (d)
(d) seat-only sales means the sale of seats, without any other         (d) seat-only sales means the sale of seats, without any other
      service bundled such as accommodation, directly to the                service bundled such as accommodation, directly to the
      public by the air carrier or its authorised agent;                    public by the air carrier or its authorised agent or a tour
                                                                            operator ;
                                                           Amendment No 8
                          Article 2 (e)                                                         Article 2 (e)
      air service means a flight or a series of flights carrying       (e) air service means a flight or a series of flights carrying
      passengers, cargo and / or mail for remuneration and/ or              passengers, and / or cargo and / or mail for remuneration
      hire;                                                                 and / or hire;
                                                           Amendment No 9
                         Article 2 (f) (i)                                                     Article 2 (f) (i)
( i) it is performed by aircraft for the transport ofpassengers,       (i) it is performed by aircraft for the transport of passengers,
     cargo and / or mail for remuneration, in such a manner                cargo and/ or mail for remuneration, in such a manner
     that on each flight seats are available for individual                that on each flight seats are available for individual
     purchase by members of the public (either directly from               purchase by members of the public (either directly from
     the carrier or from its authorised agents);                           the carrier or from its authorised agents or from a tour
                                                                           operator);
 ---pagebreak--- 13 . 8 . 92                                Official Journal of the European Communities                                No C 206 / 55
                         COMMISSION TEXT                                                        AMENDMENTS
                                                          Amendment No 10
                           Article 2 ( k)
(k) reference fare means the lowest one way or return, as             Deleted,
      appropriate, fully flexible fare charged by a Community
      air carrier on the route in question; if more than one
      such fare exists, the arithmetic average of all such fares
      shall be taken, taking into account the number of seats
      offered at the fare by each Community air carrier on the
      route .
                                                          Amendment No 1 1
                                                                                              Article 3 (1 ) (ca)
                                                                                                    (new)
                                                                      (ca ) An air fare disapproved by both Member States
                                                                             concerned shall be withdrawn with immediate effect .
                                                           Amendment No 12
                                                                                                 Article 4a
                                                                                                    ( new)
                                                                      1.      Air passengers shall have the rights to purchase air
                                                                      tickets anywhere within the Community , whether or not via
                                                                      a travel agent, for flights within the Community .
                                                                      2.      Air passengers shall have the right to commence
                                                                      without any extra charge their flight with a ticket purchased
                                                                      within the Community at any airport within the Community
                                                                      which is specified on the ticket.
                                                           Amendment No 13
                           Article 6 (2)                                                        Article 6 (2)
1.      Aeronautical authorities shall not require air carriers to    2.      Aeronautical authorities shall not require air carriers to
submit air fares in respect of scheduled air services more than       submit air fares in respect of scheduled air services more than
45 days before they come into effect.                                 10 days before they come into effect .
                                                           Amendment No 14
                           Article 6 (3)                                                        Article 6 (3)
3.      An air fare for a scheduled air service shall be              3.      An air fare for a scheduled air service shall be
considered as approved unless, within 30 days of the day of           considered as approved unless, within 10 days of the day of
submission, the Member State(s) concerned has (have)                  submission, it has been disapproved by both Member States
notified its (their) disapproval to the applicant air carrier and     concerned (for routes between Member States) or the
to any other Member State concerned, stating its (their)              Member State concerned ( for routes within that State) stating
reasons or unless the procedure in Article 7 has been                 their / its reasons, or unless the procedure in Article 7 has
 ---pagebreak--- No C 206 / 56                              Official Journal of the European Communities                                    13 . 8 . 92
                       COMMISSION TEXT                                                           AMENDMENTS
initiated. At the request of either Member State,                     been initiatied. At the request of either Member State, ( in the
consultations shall take place between the States concerned           case of routes between Member States), consultations shall
within the 30-day period.                                             take place between the States concerned within the 10-day
                                                                      period.
                                                         Amendment No 15
                                                                                                Article 6 (3a)
                                                                                                    ( new )
                                                                      ( 3a) An air fare may be available for sale from the day of
                                                                      filing and for as long as it is not withdrawn in accordance
                                                                      with Article 3 or Article 7 .
                                                         Amendment No 16
                         Article 6 (6)                                                          Article 6 (6)
6.     A Member State shall permit a Community air carrier            6.     A Member State shall permit a Community air carrier
to match an air fare already approved for a scheduled air             to match without delay an air fare for a scheduled air service
service between the same city-pair on the basis that this             already accepted or published according to paragraph (a)
provision shall not apply to indirect air services which exceed       between the same city-pair on a direct or indirect basis.
the length of the shortest direct service, measured by the            Member States may also permit a Community air carrier
normal flight routing, by more than 40 % . Member States              operating a direct scheduled air service to match prices
may also permit a community air carrier operating a direct            already accepted or published for a non-scheduled air service
scheduled air service to match prices already accepted or             operated on the same route provided that both products are
published for a non-scheduled air service operated on the             equivalent in terms of quality and conditions .
same route provided that both products are equivalent in
terms of quality and conditions.
                                                         Amendment No 17
                        Article 7 (1 )                                                          Article 7 (1 )
1.     A Member State concerned may, for a scheduled air              1.     A Member State concerned may , for a scheduled air
service on a route where competition is limited, request the          service on a route where competition is limited, request the
Commission to examine whether an air fare, which is not               Commission to examine whether an air fare , which is not
covered by the Annex, complies with Article 3(1 ). The                covered by the Annex, complies with Article 3 . The Member
Member State shall at the same time inform the other                  State shall at the same time inform the other Member State(s)
Member State(s) concerned and the air carrier concerned.              concerned and the air carrier concerned . The Commission
The Commission shall forthwith publish in the Official                shall forthwith publish in the Official Journal of the
Journal of the European Communities that the air fares have           European Communities that the air fares have been
been submitted for examination .                                      submitted for examination .
                                                         Amendment No 18
                           Article 9                                                              Article 9
Air carriers from third countries with traffic rights between         Air carriers from third countries with traffic rights between
community airports shall be able to match the normal                  community airports shall be able to match the normal
economy air fare or its closest equivalent unless otherwise           economy air fare or its closest equivalent.
provided for in an agreement between the Community and a
third country.