52002XC0409(01)

Amendment by France of public service obligations imposed on scheduled air services between Paris (Orly) and the Corsican airports of Ajaccio, Bastia, Calvi and Figari

(2002/C 85/02)

(Text with EEA relevance)

1. Pursuant to the decision of the Corsican regional authorities of 25 January 2002, France has decided to amend, from 27 October 2002, the public service obligations imposed on scheduled air services between Paris (Orly) on the one hand and Ajaccio, Bastia, Calvi and Figari on the other, as published in the Official Journal of the European Communities C 227 of 10 August 1999 pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 on access for Community air carriers to intra-Community air routes.

In accordance with Article 9 of Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports, the French authorities have decided to reserve certain slots at Orly airport for the operation of the above-mentioned services.

2. The amended public service obligations take account of Corsica's island status and are as follows:

2.1. Minimum frequency, timetables, type of aircraft used and capacity provided

(a) Between Paris (Orly) and Ajaccio

Frequency:

(i) at least three round trips per day Monday to Friday, except on public holidays; the timetables must enable at least 140 passengers to make a return trip the same day and spend at least 10 hours in Paris and at least seven hours in Corsica;

(ii) at least three round trips per day, evenly spread throughout the day, on Saturdays, Sundays and public holidays.

The services must be operated by turbojet aircraft.

The services must be non-stop between Paris (Orly) and Ajaccio.

The capacity offered must satisfy the following conditions:

(i) At least 145 seats must be provided in each direction (reduced to 140 seats from the end of October to the end of March):

- from Monday to Friday, except for public holidays, in the morning and in the evening after 18.00,

- on Sunday, except where the following Monday is a public holiday, on a flight after 18.00 from Corsica to Paris,

- on the last day of a long weekend where the day before Saturday and/or after Sunday is a public holiday, on a flight after 18.00 from Corsica to Paris,

- on a single-day public holiday occurring on Tuesday, Wednesday or Thursday, on a flight after 18.00 from Corsica to Paris.

(ii) The following minimum capacities must be offered and indicated in the published timetables (total capacity in both directions):

- throughout the year, a basic capacity of 850 seats per day,

- to this basic capacity should be added:

- per week during the school summer holiday period (11 weeks from June to September):

8500 seats for the 2003 IATA summer scheduling season,

8750 seats for the 2004 IATA summer scheduling season,

9000 seats for subsequent IATA summer scheduling seasons,

- per week from the end of March to the end of October (outside the school summer holidays, 20 weeks):

4000 seats for the 2003 IATA summer scheduling season,

4250 seats for the 2004 IATA summer scheduling season,

4500 seats for subsequent IATA summer scheduling seasons.

(iii) In view of the distribution of traffic peaks throughout the year, due mainly to school and public holiday dates (All Saints, Christmas, Easter, Ascension, Whitsun, bridging days, and returning summer holidaymakers), additional capacities (combined capacity for both directions) must be offered and explicitly agreed in advance with the Corsican Transport Board, targeted at:

- the first and last days of school holidays,

- a single-day holiday occurring on Tuesday, Wednesday or Thursday and the day before that holiday,

- on the day before and the last day of long weekends where the day before Saturday and/or after Sunday is a public holiday.

The minimum additional capacity is as follows:

- from the end of October to the end of March (21 weeks): 4000 seats for the All Saints holiday period, 6000 seats for the Christmas and New Year holiday period, 2000 seats for the February holiday period,

- during nine weeks in summer (from the beginning of July to the beginning of September): 3000 seats per week, plus 11000 additional seats allocated according to the calendar each year in order to cover the extra demand at the following peak times: 14 July (2000 seats), 31 July/1 August (2000 seats), 15 August (2000 seats), 31 August/1 September (2000 seats) and the start of the school year (3000 seats),

- from the end of March to the end of October (outside the summer school holidays, 20 weeks): 6000 seats for the spring school holidays, 5000 seats for the Easter weekend, 11000 seats for the holiday period around 1 and 8 May, 11000 seats for the Ascension and Whitsun holiday periods.

These minimum additional capacities are for the 12 months of the 2003/2004 IATA winter scheduling season and the 2004 summer season. For the 12-month period of the 2002/2003 IATA winter scheduling season and the 2003 summer season the figures are 2 % less. For the 12-month period of the 2004/2005 IATA winter scheduling season and the 2005 summer season, the figure is increased by 2 %, and it is held at this level for subsequent 12-month periods.

These additional capacities must be offered for sale at least two months before the dates of the flights concerned.

(b) Between Paris (Orly) and Bastia

Frequency:

(i) at least three round trips per day Monday to Friday, except on public holidays; the timetables must enable 140 passengers to make a return trip the same day and spend at least ten hours in Paris and at least seven hours in Corsica;

(ii) at least three round trips per day, evenly spread throughout the day, on Saturdays, Sundays and public holidays.

The services must be operated by turbojet aircraft.

The services must be non-stop between Paris (Orly) and Bastia.

The capacity offered must satisfy the following conditions:

(i) At least 145 seats must be provided in each direction (reduced to 140 seats from the end of October to the end of March):

- from Monday to Friday, except for public holidays, in the morning and in the evening after 18.00,

- on Sunday, unless the following Monday is a public holiday, on a flight after 18.00 from Corsica to Paris,

- on the last day of a long weekend where the day before Saturday and/or after Sunday is a public holiday, on a flight after 18.00 from Corsica to Paris,

- on a single-day public holiday occurring on Tuesday, Wednesday or Thursday, on a flight after 18.00 from Corsica to Paris.

(ii) The following minimum capacities must be offered and indicated in the published timetables (total capacity in both directions):

- throughout the year, a basic capacity of 850 seats per day,

- to this basic capacity should be added:

- per week during the school summer holiday period (11 weeks from June to September):

5400 seats for the 2003 IATA summer scheduling season,

5600 seats for the 2004 IATA summer scheduling season,

5800 seats for subsequent IATA summer scheduling seasons,

- per week from the end of March to the end of October (outside the school summer holidays, 20 weeks):

1400 seats for the 2003 IATA summer scheduling season,

1600 seats for the 2004 IATA summer scheduling season,

1800 seats for subsequent IATA summer scheduling seasons.

(iii) In view of the distribution of traffic peaks throughout the year, due mainly to school and public holiday dates (All Saints, Christmas, Easter, Ascension, Whitsun, bridging days, and returning summer holidaymakers) additional capacities (combined capacity for both directions) must be offered and explicitly agreed in advance with the Corsican Transport Board, targeted at:

- the first and last days of school holidays,

- a single-day holiday occurring on Tuesday, Wednesday or Thursday and the day before that holiday,

- on the day before and on the last day of long weekends where the day before Saturday and/or after Sunday is a public holiday.

The minimum additional capacity is as follows:

- from the end of October to the end of March (21 weeks): 3000 seats for the All Saints holiday period, 5500 seats for the Christmas and New Year holiday period, 1500 seats for the February holiday period,

- during nine weeks in summer (from the beginning of July to the beginning of September): 2000 seats per week, plus 11000 additional seats allocated according to the calendar each year in order to cover the extra demand at the following peak times: 14 July (2000 seats), 31 July/1 August (2000 seats), 15 August (2000 seats), 31 August/1 September (2000 seats) and the start of the school year (3000 seats),

- from the end of March to the end of October (outside the summer school holidays, 20 weeks): 6000 seats for the spring school holidays, 5000 seats for the Easter weekend, 11000 seats for the holiday period around 1 and 8 May, 11000 seats for the Ascension and Whitsun holiday periods.

These minimum additional capacities are for the 12 months of the 2003/2004 IATA winter scheduling season and the 2004 summer season. For the 12-month period of the 2002/2003 IATA winter scheduling season and the 2003 summer season the figures are 2 % less. For the 12-month period of the 2004/2005 IATA winter scheduling season and the 2005 summer season, the figure is increased by 2 %, and it is held at this level for subsequent 12-month periods.

These additional capacities must be offered for sale at least two months before the dates of the flights concerned.

(c) Between Paris (Orly) and Calvi

Frequency: at least five round trips per week, including three from Friday to Sunday and one mid-week, carrying at least 100 passengers each way on each of the days in question.

The services must be operated by turbojet aircraft.

The services must be non-stop between Paris (Orly) and Calvi.

The capacity offered must satisfy the following conditions:

(i) The following minimum capacities must be offered and indicated in the published timetables (total capacity in both directions):

- throughout the year, a basic capacity of 1090 seats per week,

- from the end of March to the end of October, the minimum capacity must be at least 100 seats in the afternoon:

- on Fridays from Paris to Calvi,

- on Sunday, unless the following Monday is a public holiday, from Calvi to Paris,

- where the day before Saturday and/or after Sunday is a public holiday, on the day before the long weekend from Paris to Calvi and on the last day of the weekend from Calvi to Paris,

- on the day before a single-day public holiday occurring on Tuesday, Wednesday or Thursday from Paris to Calvi and on the public holiday itself from Calvi to Paris,

- to this basic capacity should be added:

- per week during the school summer holiday period (11 weeks from June to September):

2600 seats for the 2003 IATA summer scheduling season,

2800 seats for the 2004 IATA summer scheduling season,

3000 seats for subsequent IATA summer scheduling seasons,

- per week from the end of March to the end of October (outside the school summer holidays, 20 weeks):

600 seats for the 2003 IATA summer scheduling season,

650 seats for the 2004 IATA summer scheduling season,

700 seats for subsequent IATA summer scheduling seasons.

(ii) In view of the distribution of traffic peaks throughout the year, due mainly to school and public holiday dates (All Saints, Christmas, Easter, Ascension, Whitsun, bridging days, and returning summer holidaymakers) additional capacities (combined capacity for both directions) must be offered and explicitly agreed in advance with the Corsican Transport Board, targeted at:

- the first and last days of school holidays,

- a single-day holiday occurring on Tuesday, Wednesday or Thursday and the day before that holiday,

- on the day before and on the last day of long weekends where the day before Saturday and/or after Sunday is a public holiday.

The minimum additional capacity is as follows:

- from the end of October to the end of March (21 weeks): 650 for the All Saints holiday period, 1000 seats for the Christmas and New Year holiday period, 350 seats for the February holiday period,

- during nine weeks in summer (from the beginning of July to the beginning of September): 1700 seats per week, plus 6300 additional seats allocated according to the calendar each year in order to cover the extra demand at the following peak times: 14 July (1100 seats), 31 July/1 August (1100 seats), 15 August (1100 seats), 31 August/1 September (1100 seats) and the start of the school year (1900 seats),

- from the end of March to the end of October (outside the summer school holidays, 20 weeks): 2000 seats for the spring school holidays, 2000 seats for the Easter weekend, 5000 seats for the holiday period around 1 and 8 May, 5000 seats for the Ascension and Whitsun holiday periods.

These minimum additional capacities are for the 12 months of the 2003/2004 IATA winter scheduling season and the 2004 summer season. For the 12-month period of the 2002/2003 IATA winter scheduling season and the 2003 summer season the figures are 2 % less. For the 12-month period of the 2004/2005 IATA winter scheduling season and the 2005 summer season, the figure is increased by 2 %, and it is held at this level for subsequent 12-month periods.

These additional capacities must be offered for sale at least two months before the dates of the flights concerned.

(d) Between Paris (Orly) and Figari

Frequency: at least five round trips per week, including three from Friday afternoon to Monday morning; the timetables must enable 100 passengers to make a return trip the same day and spend at least 10 hours in Paris, except on Saturdays, Sundays and public holidays.

The services must be operated by turbojet aircraft.

The services must be non-stop between Paris (Orly) and Figari.

The capacity offered must satisfy the following conditions:

(i) The following minimum capacities must be offered and indicated in the published timetables (total capacity in both directions):

- throughout the year, a basic capacity of 1090 seats per week,

- from the end of March to the end of October, the minimum capacity must be at least 100 passengers after 18.00:

- on Fridays from Paris to Figari,

- on Sunday, unless the following Monday is a public holiday, from Figari to Paris,

- where the day before Saturday and/or after Sunday is a public holiday, on the day before the long weekend from Paris to Figari and on the last day of the weekend from Figari to Paris;

- on the day before a single-day public holiday occurring on Tuesday, Wednesday or Thursday from Paris to Figari and on the public holiday itself from Figari to Paris.

- To this basic capacity should be added:

- per week during the school summer holiday period (11 weeks from June to September):

2600 seats for the 2003 IATA summer scheduling season,

2800 seats for the 2004 IATA summer scheduling season,

3000 seats for subsequent IATA summer scheduling seasons;

- per week from the end of March to the end of October (outside the school summer holidays, 20 weeks):

600 seats for the 2003 IATA summer scheduling season,

650 seats for the 2004 IATA summer scheduling season,

700 seats for subsequent IATA summer scheduling seasons.

(ii) In view of the distribution of traffic peaks throughout the year, due mainly to school and public holiday dates (All Saints, Christmas, Easter, Ascension, Whitsun, bridging days, and returning summer holidaymakers) additional capacities (combined capacity for both directions) must be offered and explicitly agreed in advance with the Corsican Transport Board, targeted at:

- the first and last days of school holidays,

- a single-day holiday occurring on Tuesday, Wednesday or Thursday and the day before that holiday,

- on the day before and on the last day of long weekends where the day before Saturday and/or after Sunday is a public holiday.

The minimum additional capacity is as follows:

- from the end of October to the end of March (21 weeks): 650 for the All Saints holiday period, 1000 seats for the Christmas and New Year holiday period, 350 seats for the February holiday period,

- during nine weeks in summer (from the beginning of July to the beginning of September): 1900 seats per week, plus 7300 additional seats allocated according to the calendar each year in order to cover the extra demand at the following peak times: 14 July (1300 seats), 31 July/1 August (1300 seats), 15 August (1300 seats), 31 August/1 September (1300 seats) and the start of the school year (2100 seats),

- from the end of March to the end of October (outside the summer school holidays, 20 weeks): 3000 seats for the spring school holidays, 2000 seats for the Easter weekend, 5000 seats for the holiday period around 1 and 8 May, 5000 seats for the Ascension and Whitsun holiday periods.

These minimum additional capacities are for the 12 months of the 2003/2004 IATA winter scheduling season and the 2004 summer season. For the 12-month period of the 2002/2003 IATA winter scheduling season and the 2003 summer season the figures are 2 % less. For the 12-month period of the 2004/2005 IATA winter scheduling season and the 2005 summer season, the figure is increased by 2 %, and it is held at this level for subsequent 12-month periods.

These additional capacities must be offered for sale at least two months before the dates of the flights concerned.

2.2. Fares

The full-rate single Y fare between Paris (Orly) on the one hand and Ajaccio, Bastia, Calvi and Figari on the other must not exceed EUR 115. This maximum fare is increased to EUR 135 during the summer school holiday period (11 weeks from June to September).

The following categories of passenger must be entitled to fares of not more than EUR 74 with no capacity restriction or deadlines for the reservation and purchase of tickets:

(i) young persons (under 25 years old);

(ii) senior citizens (aged 60 years or over);

(iii) students under 27 years old;

(iv) families (at least two members of the same family travelling together);

(v) passengers whose principal place of residence is in Corsica and who use tickets purchased in Corsica, the validity of which is restricted to a stay outside the island of less than 40 days, in order to make a round trip starting from Corsica.

This maximum fare shall be EUR 92 during the summer school holiday period (11 weeks from June to September). The increased summer fare shall not apply to Corsican residents.

For these public service fares (full, concessionary and residents' rates) no deductions or penalties may be applied for changed reservations, even after purchase of the ticket, or for the refund of unused tickets.

These fares exclude per capita taxes and duties levied by the State, local authorities and airport authorities, and identified as such on the air ticket, but include value added tax (VAT) on the mainland section of the route.

If an abnormal and unforeseeable increase in the cost factors affecting the operation of the routes takes place for which the carriers are not responsible, these maximum fares may be raised in proportion to the increase. The new maximum fares will be notified to the carriers operating the services and will apply within an appropriate period. They will also be communicated forthwith to the European Commission for publication in the Official Journal of the European Communities.

2.3. Service continuity

- Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier must not exceed 1 % of the number of flights scheduled in any IATA scheduling season.

- In accordance with Article 4(1)(c) of Regulation (EEC) No 2408/92, any carrier intending to operate any of these routes must undertake to do so for at least 12 consecutive months.

- The carrier must give at least six months' notice before discontinuing these services.

Community carriers should be aware that repeated serious failure to fulfil the public service obligations mentioned above may, in addition to incurring the stipulated administrative and/or legal penalties, lead to their being banned from taking part in any tender procedures organised by the Corsican regional authorities for a period of at least five years.