CELEX: 51992PC0274(02)
Language: en
Date: 1992-06-22
Title: Amendment to the proposal for a COUNCIL REGULATION (EEC) on access for aid carriers to intra-Community routes

No C 206 / 48                                    Official Journal of the European Communities                                     13 . 8 . 92
                 Amendment to the proposal for a Council Regulation (EEC) on access for air carriers to
                                                            intra-Community air routes
                                                                  ( 92 / C 206 / 05 )
                                                                 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
                                                                                                  Third recital a (new )
                                                                              Whereas the objective of a common European air transport
                                                                              policy cannot be reduced to liberalization alone, but must
                                                                              take into account the requirements of regional policy and
                                                                              infrastructural development, pursued as part of an integrated
                                                                              transport policy ;
                                                                 Amendment No 2
                                                                                                  Third recital b (new)
                                                                              Whereas the inadequate existing infrastructures, coupled
                                                                              with the lack of advanced control and air corridor systems,
                                                                              might severely restrict the potential expansion in air traffic
                                                                              resulting from liberalization;
                                                                 Amendment No 3
                              Ninth recital                                                            Ninth recital
Whereas the development of the air traffic system in the                      Whereas the development of the air traffic system in some of
Greek islands and in the Atlantic islands comprising the                      the Greek islands and in the Atlantic islands comprising the
autonomous region of the Azores is at present inadequate                      autonomous region of the Azores is at present inadequate
and for this reason airports situated on these islands should                 and for this reason airports situated on these islands should
be temporarily exempted from the application of this                          be temporarily exempted from the application of this
Regulation ;                                                                  Regulation ;
                                                                 Amendment No 4
                             Twelfth recital                                                         Twelfth recital
Whereas it is necessary to make special provision for new air                 Whereas it is necessary to make special provision for new air
services between regional airports;                                           services to and from regional airports ;
(') For full text see COM(91 ) 275 final — OJ. No C258 ,
    4 . 10 . 1991 , p. 10 .
 ---pagebreak--- 13 . 8 . 92                                Official Journal of the European Communities                                  No C 206 / 49
                        COMMISSION TEXT                                                          AMENDMENTS
                                                          Amendment No 5
                       Twentieth recital
Whereas any possibility for an air carrier from a third               Deleted,
country to exercise traffic rights between Community
airports shall be settled in an agreement between the third
country concerned and the Community ;
                                                          Amendment No 6
                          Article 1 (4)                                                          Article 1 (4)
4. Airports in the Greek islands and in the Atlantic islands          4.      Airports in the Greek islands with the exception of
comprising the autonomous region of the Azores shall be               Corfu , Crete and Rhodes and in the Atlantic islands
exempted from the application of this Regulation until 30             comprising the autonomous region of the Azores shall be
June 1993 . Unless otherwise decided by the Council, on a             exempted from the application of this Regulation until 30
proposal ofthe Commission, this exemption shall apply for a           June 1993 . Unless otherwise decided by the Council, on a
further period of five years and may be continued for five            proposal of the Commission, this exemption shall apply for a
years therafter.                                                      further period of five years .
                                                          Amendment No 7
                        Article 2 (d) (i)                                                      Article 2 (d) (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 air carrier or from its authorised agents);                       the air carrier or from its authorised agents or from tour
                                                                           operators);
                                                          Amendment No 8
                          Article 2 (g)                                                          Article 2 (g)
(g) seat-only sales means the sale of seats, without any other        (g) 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 authorized agent or by tour
                                                                            operators ;
                                                          Amendment No 9
                           Article 3                                                               Article 3
Subject to this Regulation, Community air carriers shall be           Subject to this Regulation, Community air carriers shall be
permitted by the State(s ) concerned to exercise traffic rights       permitted by the State(s ) concerned to exercise traffic rights
between airports or airport systems within the Community              between airports or airport systems within the Community
when they are open for civil air services .                           when they are open for civil air services, subject to the
 ---pagebreak--- No C 206 / 50                              Official Journal of the European Communities                                      13 . 8 . 92
                       COMMISSION TEXT                                                           AMENDMENTS
                                                                      reservation that up to 1 January 1995 non-resident
                                                                      Community air carriers shall only be permitted to exercise
                                                                      consecutive cabotage rights and that under the following
                                                                      conditions :
                                                                      1 . (a) the traffic rights are exercised on a service which
                                                                               constitutes and is scheduled as an extension of a
                                                                               service from , or as a preliminary of a service to , their
                                                                               State of registration;
                                                                          (b) the air carrier cannot use for this service more than
                                                                               50 % of its seasonal seat capacity on the same third,
                                                                               fourth or fifth-freedom service of which the cabotage
                                                                               service    constitutes     the   extension     or      the
                                                                               preliminary ;
                                                                      2 . ( a) the air carrier may , for this service , use an aircraft
                                                                               which is different from but not larger than the
                                                                               aircraft which it uses for the third , fourth or
                                                                               fifth-freedom service of which the cabotage service is
                                                                               an extension or a preliminary ;
                                                                          ( b) when more than one service is operated as an
                                                                               extension of or as a preliminary to a third, fourth or
                                                                               fifth-freedom service, the capacity provision in
                                                                               paragraph 1(b ) shall represent the aggregate seat
                                                                               capacity available for the carriage of cabotage
                                                                               passengers on those cabotage services .
                                                                      3 . An air carrier operating a cabotage service in accordance
                                                                          with this Article shall furnish on request to the Member
                                                                          State involved all relevant information concerning:
                                                                          (a) the seasonal seat capacity on the third , fourth or
                                                                               fifth-freedom service of which the cabotage service
                                                                               constitutes the extension or the preliminary ; and
                                                                          (b) in the case of cabotage services to which
                                                                               paragraph 2 (b) applies, the seasonal capacity
                                                                               utilized on each service .
                                                          Amendment No 10
                         Article 4 (2)                                                          Article 4 (2)
2.     Notwithstanding Aricle 3 , a Member State, in a case           2.      Notwithstanding Article 3 , a Member State, in a case
where one of the air carriers licences by it has started to           where one of the air carriers licences by it has started to
operate a scheduled passenger air service on a new route              operate a scheduled passenger air service on a new route to
between regional airports with aircraft of no more than 80            and from regional airports with aircraft of no more than 80
seats, may refuse a scheduled air service by another air carrier      seats, may refuse a scheduled air service by another air carrier
for a period of two years, unless it is operated with aircraft of     for a period of two years, unless it is operated with aircraft of
no more than 80 seats, or it is operated in such a way that not       no more than 80 seats, or it is operated in such a way that not
more than 80 seats are available for sale between the two             more than 80 seats are available for sale between the two
airports in question, on each flight.                                 airports in question , on each flight.
 ---pagebreak--- 13 . 8 . 92                              Official Journal of the European Communities                               No C 206 / 51
                        COMMISSION TEXT                                                       AMENDMENTS
                                                        Amendment No 11
                          Article 4 (3)                                                       Article 4 (3)
3 . Paragraphs 1 (c) and 2 shall not apply to routes when           3.     Paragraph 1 (c) shall not apply to routes when the
the capacity offered exceeds 30 000 seats per year.                 capacity offered exceeds 30 000 seats per year. Paragraph 2
                                                                    shall not apply to routes between regional airports when the
                                                                    capacity offered exceeds 30 000 seats per year, and shall not
                                                                    apply to routes between regional and Category 1 airports
                                                                    when the capacity offered exceeds 45 000 seats per year.
                                                        Amendment No 12
                           Article 5                                                           Article 5
In operating air services, a Community air carrier shall be         In operating air services, a Community air carrier shall be
permitted by the State{s) concerned to combine air services         permitted by the State(s) concerned to combine air services
and use the same flight number.                                     and use the same flight number; such permission shall also be
                                                                    granted to third country air carriers on the basis of
                                                                    reciprocity .
                                                        Amendment No 13
                          Article 8 (1 )                                                      Article 8 (1 )
1.      Capacity limitations shall not apply to air services        1.     Capacity limitations shall not apply to air services
covered by this Regulation except as set out in Articles 6 and      covered by this Regulation except as set out in Articles 3 , 6
7 and in this Article .                                             and 7 and in this Article.
                                                        Amendment No 14
                                         t                                                  Article 11 (3a)
                                                                                                 ( new )
                                                                    3a.     At least once a year the Commission should consult
                                                                    with representatives of air transport user organizations
                                                                    including consumer organizations and report on the outcome
                                                                    of these consultations .
                                                        Amendment No 15
                                                                                              Article 12a
                                                                                                 ( new )
                                                                    1.    No later than 30 June 1992 , the Commission shall
                                                                    submit to the Council proposals for:
                                                                    ( a) harmonization of safety standards for aircraft cockpits
                                                                         and passenger cabins ;
                                                                    (b) air safety controls, including notification of, and
                                                                         inquiries into , accidents, technical incidents and near
                                                                         misses ;
 ---pagebreak--- No C 206 / 52                 Official Journal of the European Communities                                     13 . 8 . 92
              COMMISSION TEXT                                                      AMENDMENTS
                                                         (c) the capacity and safety of the airways, with particular
                                                              attention to improving air traffic control ;
                                                         (d) common specifications for ATC equipment;
                                                         (e) the capacity and safety of airports, including
                                                              improvements in runway capacity , harmonization of
                                                              safety standards and procedures, the harmonization of
                                                              noise and other environmental standards at airports;
                                                         (f) mutual recognition and / or harmonization of
                                                              certificates of flight crew, 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 ) a code of conduct for travel agents;
                                                         (i) common rules for liability;
                                                         2.     The Council shall take a decision on these proposals
                                                         not later than 1 January 1993 .
                                            Amendment No 16
                                                                                   Article 12b
                                                                                       ( new )
                                                         The Commission shall submit a document to the Council and
                                                         Parliament with a minimum of delay, and no later than 1 July
                                                         1992 , setting out a coherent approach to the substance of the
                                                         external aviation policy to be pursued by the Commission.
                                                         The European Parliament shall give its opinion on this
                                                         document and the Council shall take a decision on it no later
                                                         than 1 January 1993 .