52002XC1213(05)

Imposition of public service obligations in respect of scheduled air services within Italy

(2002/C 310/06)

(Text with EEA relevance)

Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, the Italian Government, in accordance with the provisions of Article 52(35) of Law No 448 of 28 December 2001, has decided to impose public service obligations in respect of scheduled air services operated on the following routes:

1. Routes:

- Crotone-Milan and vice versa,

- Crotone-Rome-Fiumicino and vice versa.

Pursuant to 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 competent authorities may reserve slots at the airports concerned subject to the coordination system.

2. Composition of public service obligations

The public service obligations in question are as follows:

2.1. Minimum frequency:

(a) Crotone-Milan and vice versa:

- at least one outward and one return flight all year round;

(b) Crotone-Rome and vice versa:

- at least one outward and one return flight all year round.

2.2. Timetables

On both the Crotone-Milan and vice versa and Crotone-Rome and vice versa routes, timetables must include an early morning outward flight (06.00-09.00) and an evening return flight (18.00-21.00) to enable business travellers to make a round trip the same day, unless there are operational restrictions in specific airports.

2.3. Type and capacity of aircraft used

The aircraft used on the Crotone-Milan and vice versa route must have a minimum capacity of 40 seats, while those used on the Crotone-Rome and vice versa route must have a minimum capacity of 70 seats in the period from 16 September to 14 June and a minimum capacity of 140 seats in the period from 15 June to 15 September and during the 15-day and 5-day periods of the Christmas and Easter holidays respectively. Alternatively, aircraft of other capacities may be used on condition that equivalent annual capacity is ensured in the guaranteed time periods, including by means of frequencies.

2.4. Fares

Maximum fares net of VAT and airport taxes are as follows:

- Crotone-Milan and vice versa: EUR 85,

- Crotone-Rome and vice versa: EUR 60.

Each year the competent bodies will adjust the maximum fares to match the rate of inflation of the previous year, calculated according to the ISTAT general index of consumer prices. Adjustments must be notified to all the carriers operating on the routes in question, and to the European Commission for publication in the Official Journal of the European Communities.

If the average variation recorded in each half year in the euro/US dollar exchange rate and/or the cost of aviation fuel exceeds 5 %, fares must be adjusted in proportion to the recorded variation. The same action is to be taken in the event of an abnormal, unforeseeable increase in other cost factors beyond the control of carriers.

Six-monthly fare adjustments are made by the Minister for Infrastructure and Transport, following consultation of ENAC.

Any adjustment will enter into force as of the next half year.

Adjustments must be notified to all carriers operating on the routes in question, and to the European Commission for publication in the Official Journal of the European Communities.

2.5. Continuity of service

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

The carrier must provide these services for at least 12 consecutive months and give at least six months' notice before discontinuing them.

3. Any carrier operating the routes in question which fails to fulfil the public service obligations described above will be liable to penalties imposed by the administrative authorities and/or courts.