52001XC0418(01)

Imposition of a public service obligation pursuant to Council Regulation (EEC) No 2408/92

Further alteration of the public service obligation imposed in respect of the Hof-Bayreuth-Frankfurt am Main routes

(2001/C 113/07)

1. The Government of the Federal Republic of Germany has decided to revise as follows the public service obligation in respect of scheduled air services on the Hof-Bayreuth-Frankfurt am Main route, which was imposed pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers for intra-Community air routes and published in Official Journal of the European Communities C 199 of 25 June 1998, page 10, as amended by Official Journal of the European Communities C 348 of 5 December 2000, page 6.

2. The public service obligations are as follows:

2.1. Routes

Scheduled air services on the Hof-Bayreuth-Frankfurt am Main route, or alternatively: scheduled air services on the Hof-Frankfurt am Main route.

2.2. Minimum frequency

There must be at least three flights in each direction every day from Monday to Friday with the possibility of connection with onward flights on routes from Frankfurt. This requirement applies all year round. A reduced service is possible between Christmas and the New Year.

2.3. Seating capacity

At least 540 seats per week (36 seats per flight, three flights per day, five days per week) between Hof-Bayreuth-Frankfurt am Main or alternatively between Hof-Frankfurt am Main.

These requirements apply all year round.

2.4. Timetables

The flights are to be operated between 6 a.m. out of Hof and 11.30 p.m. into Hof. Where Bayreuth is included, all flights must be operated via Bayreuth with the exception of the last flight out of Hof (arriving in Frankfurt at 8.10 p.m.).

Alternatively, all flights may also be operated on the Hof-Frankfurt am Main route without a stopover in Bayreuth.

The following slots are reserved at Frankfurt am Main:

into Frankfurt:

7.30 a.m.

11.40 a.m.

8.10 p.m.

out of Frankfurt:

8.30 a.m.

5.30 p.m.

8.45 p.m..

2.5. Type of aircraft

The services must be operated using pressurised aircraft with a minimum capacity of 36 seats.

Airlines are referred in particular to the technical and operational conditions for the airports of Hof and Bayreuth (see civil aviation handbook for the Federal Republic of Germany). Details of further special arrangements for the use of Bayreuth airport are available from the Bayerisches Staatsministerium für Wirtschaft, Verkehr und Technologie (Tel. (089) 21 62-27 08, Fax (089) 21 62-25 88).

2.6. Fares

The main basic fare for a single flight between Hof or Bayreuth and Frankfurt am Main may not exceed the main basic fare for a single flight between Nüremberg and Frankfurt am Main by more than 5 %. The main basic fare for a single flight between Nüremberg and Frankfurt am Main was DEM 347 in February 2001.

Interline agreements based on IATA rules granting through fares must be observed.

2.7. Bookings

Flights must be marketed by means of at least one computerised reservation system.

2.8. Continuity of service

The number of flights cancelled for reasons directly attributable to the carrier must not exceed 2 % of the number of flights scheduled in any year.

3. Invitation to tender

Community carriers are referred to the following.

In so far as by 1 October 2001, no air carrier has submitted to the Bavarian Staatsministerium für Wirtschaft, Verkehr und Technologie written proof of the commencement of air services on 1 November 2001 in accordance with the public service obligations and without requesting compensation, Germany will, pursuant to Article 4(1)(d) of the abovementioned Regulation, limit access to this route to a single carrier and put out the right to operate these services from 1 November 2001 to public tender.

In accordance with Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the relevant invitation to tender will be published in the Official Journal of the European Communities.

Further details can be obtained from Bayerische Staatsministerium für Wirtschaft, Verkehr und Technologie D - 80525 München Tel. (089) 21 62-23 92 or 21 62-23 50 Fax (089) 21 62-25 88.

4. These public service obligations replace those obligations contained in the Commission communication which were published in Official Journal of the European Communities C 199 of 25 June 1998, page 10, as amended by Official Journal of the European Communities C 348 of 5 December 2000, page 6.