Access for air carriers to intra-Community air routes (third phase)

This Regulation works towards the liberalisation of the provision of intra-Community air services.

ACT

Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes

SUMMARY

The Regulation repeals Council Regulation (EEC) No 2343/90, except for Article 2 and Annex I.

It covers access for air carriers to scheduled and non–scheduled intra-Community air services. Special provisions apply to the Greek islands, the Azores and the airport of Gibraltar.

Community air carriers may exercise traffic rights between airports or airport systems within the Community where these are open to civil air services.

A Member State may impose a public service obligation (air services meeting fixed standards to which the air carrier would not operate if he were considering nothing but his commercial interest) in respect of scheduled air services to a regional airport on a route which is considered vital for the economic development of the region.

If no air carrier is yet providing a scheduled service on a route for which a public service obligation has been imposed, the Member State may limit access to that route to only one air carrier for a period of up to three years. The right to operate must be offered by public tender. The selection must be made as quickly as possible. In spite of this provision, two months must elapse between publication and selection but this constraint does not apply where another Member State whose interests are involved proposes a satisfactory alternative means of fulfilling the same public service obligation.

The Regulation does not affect a Member State's right to regulate, without discrimination, the allocation of traffic to airports forming part of an airport system. The exercising of traffic rights is subject to Community, national, regional or local rules relating to safety, the protection of the environment and slot allocation.

When the conditions listed in point 5 are not met, a Member State may limit, or refuse, the exercising of those traffic rights but must first inform the Commission of its intention. Any Member State may refer the Commission's decision on such a situation to the Council within one month.

In order to carry out its duties under the Regulation, the Commission may obtain all necessary information from the Member States and air carriers concerned.

Context

Regulation (EC) n°2408/92 is repealed and replaced, as from 1 November 2008, by Regulation (EC) n°1008/2008 establishing common rules for the operation of air services in the Community. In particular, this Regulation introduces new rules on access for air carriers to air routes.

Last updated: 19.11.2008