Amendment by France of public service obligations imposed on scheduled air services between Ajaccio, Bastia, Calvi and Figari, and Paris-Orly airport (2005/C 149/06) (Text with EEA relevance)
Grade B
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Not the law itself: Notice
Address https://gelex.eu/eli/EU/notice/oj/C/2005/149/06@2005-06-21/en
Pursuant to the decision of the Corsican regional authorities of 31 March 2005, France has decided to amend, from 30 October 2005, 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 85 of 9 April 2002 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 abovementioned services. The amended public service obligations take account of Corsica's island status and are as follows: Minimum frequency, timetables, type of aircraft used and capacity provided Between Paris-Orly and Ajaccio Frequency
(i) At least three round trips per day Monday to Friday, except on public holidays, with the timetables enabling passengers to make a return trip the same day and spend at least 10 hours in Paris or 7 hours in Ajaccio.
(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 provided must satisfy the following conditions.
(i) At least 160 seats must be provided in each direction during the IATA summer scheduling season, and at least 140 seats during the IATA winter scheduling season:
from Monday to Friday, except for public holidays, in each direction, 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:
1200 seats per day during a ten-week period from late June to early September,
600 seats per day from late March to late October (excluding the ten-week period referred to above).
(iii) In view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers), additional capacities (combined capacity for both directions) must be offered, agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board, focusing on: The minimum additional capacity is as follows: These additional capacities must be offered for sale at least two months before the dates of the flights concerned.
the first and last days of school holidays,
a single-day holiday occurring on Tuesday, Wednesday or Thursday and the day before that holiday,
the day before and the last day of long weekends, where the day before Saturday and/or after Sunday is a public holiday.
12000 seats to be allocated to traffic peaks during the IATA winter scheduling season,
during a ten-week period in summer (from late June to early September): 2800 seats per week, plus 10000 additional seats over the period on flights tailored to the calendar each year in order to cover extra demand at the following peak times: early July, mid-July, late July/early August, mid-August, and late August/start of the school year,
33000 seats to be allocated to peaks during the rest of the IATA summer scheduling season (excluding the ten-week period referred to above).
Between Paris-Orly and Bastia Frequency
(i) At least three round trips per day Monday to Friday, except on public holidays, with the timetables enabling passengers to make a return trip the same day and spend at least 10 hours in Paris or 7 hours in Bastia.
(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 provided must satisfy the following conditions.
(i) At least 160 seats must be provided in each direction during the IATA summer scheduling season, and at least 140 seats during the IATA winter scheduling season:
from Monday to Friday, except for public holidays, in each direction, 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:
800 seats per day during a ten-week period from late June to early September,
250 seats per day from late March to late October (excluding the ten-week period referred to above).
(iii) In view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers), additional capacities (combined capacity for both directions) must be offered, agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board, focusing on: The minimum additional capacity is as follows: These additional capacities must be offered for sale at least two months before the dates of the flights concerned.
the first and last days of school holidays,
a single-day holiday occurring on Tuesday, Wednesday or Thursday and the day before that holiday,
the day before and the last day of long weekends where the day before Saturday and/or after Sunday is a public holiday.
10000 seats to be allocated to traffic peaks during the IATA winter scheduling season,
during a ten-week period in summer (from late June to early September): 2000 seats per week, plus 10000 additional seats over the period on flights tailored to the calendar each year in order to cover extra demand at the following peak times: early July, mid-July, late July/early August, mid-August, and late August/start of the school year,
33000 seats to be allocated to peaks during the rest of the IATA summer scheduling season (excluding the ten-week period referred to above).
Between Paris-Orly and Calvi Frequency
(i) At least five round trips per week, including three from Friday to Sunday and one mid-week, with the capacity to carry at least 140 passengers each way on each of the days in question, during the IATA winter scheduling season.
(ii) At least one round trip per day, with the capacity to carry at least 140 passengers, during the IATA summer scheduling season.
The services must be operated by turbojet aircraft. The services must be non-stop between Paris-Orly and Calvi. The capacity provided must satisfy the following conditions.
(i) The following minimum capacities must be offered and indicated in the published timetables (total capacity in both directions):
a basic capacity of 1400 seats per week throughout the year,
from the end of March to the end of October, the minimum capacity must be at least 140 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 long weekend from Calvi to Paris,
on the day before a public holiday from Paris to Calvi and on the public holiday itself from Calvi to Paris in the case of a single-day public holiday occurring on Tuesday, Wednesday or Thursday;
to this basic capacity should be added:
2800 seats per week during a ten-week period from late June to early September,
650 seats per week from late March to late October (excluding the ten-week period referred to above).
(ii) In view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers), additional capacities (combined capacity for both directions) must be offered, agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board, focusing on: The minimum additional capacity is as follows: These additional capacities must be offered for sale at least two months before the dates of the flights concerned.
the first and last days of school holidays,
a single-day holiday occurring on Tuesday, Wednesday or Thursday and the day before that holiday,
the day before and the last day of long weekends where the day before Saturday and/or after Sunday is a public holiday.
2000 seats to be allocated to traffic peaks during the IATA winter scheduling season,
during a ten-week period in summer (from late June to early September): 1900 seats per week, plus 7300 additional seats over the period on flights tailored to the calendar each year in order to cover extra demand at the following peak times: early July, mid-July, late July/early August, mid-August, and late August/start of the school year,
15000 seats to be allocated to peaks during the rest of the IATA summer scheduling season (excluding the ten-week period referred to above).
Between Paris-Orly and Figari Frequency
(i) At least five round trips per week, including three from Friday to Sunday, with the capacity to carry at least 140 passengers each way on each of the days in question, during the IATA winter scheduling season.
(ii) At least seven round trips per week with the capacity to carry at least 140 passengers each way on each of the days in question, during the IATA summer scheduling season.
The services must be operated by turbojet aircraft. The services must be non-stop between Paris-Orly and Figari. The capacity provided must satisfy the following conditions.
(i) The following minimum capacities must be offered and indicated in the published timetables (total capacity in both directions):
a basic capacity of 1490 seats per week throughout the year,
throughout the year, there must be sufficient capacity to carry at least 160 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 long weekend from Figari to Paris,
on the day before a public holiday from Paris to Figari and on the public holiday itself from Figari to Paris in the case of a single-day public holiday occurring on Tuesday, Wednesday or Thursday;
to this basic capacity should be added:
2800 seats per week during a ten-week period from late June to early September,
650 seats per week from late March to late October (excluding the ten-week period referred to above).
(ii) In view of the distribution of traffic peaks throughout the year, due to school and public holiday dates (in particular All Saints, Christmas, Easter, Ascension, bridging days, and departing and returning summer holidaymakers), additional capacities (combined capacity for both directions) must be offered, agreed in advance of each IATA scheduling season in a memorandum of understanding with the Corsican Transport Board, focusing on: The minimum additional capacity is as follows: These additional capacities must be offered for sale at least two months before the dates of the flights concerned.
the first and last days of school holidays,
a single-day holiday occurring on Tuesday, Wednesday or Thursday and the day before that holiday,
the day before and the last day of long weekends where the day before Saturday and/or after Sunday is a public holiday.
2000 seats to be allocated to traffic peaks during the IATA winter scheduling season,
during a ten-week period in summer (from late June to early September): 1900 seats per week, plus 7300 additional seats over the period on flights tailored to the calendar each year in order to cover extra demand at the following peak times: early July, mid-July, late July/early August, mid-August, and late August/start of the school year,
15000 seats to be allocated to peaks during the rest of the IATA summer scheduling season (excluding the ten-week period referred to above).
Fares The following fares exclude distribution costs and 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.
The normal single fare on routes between Paris-Orly and Corsica must be no more than EUR 136, and no more than EUR 167 during the ten-week period from late June to early September.
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, other than resident students under 27 years of age, must be entitled to a return fare of EUR 136 all year round on all flights on routes between Paris-Orly and Corsica, without capacity restriction.
The following categories of passengers must be entitled to a fare of EUR 75 per leg, increased to EUR 86 per leg during the ten-week period from late June to early September, on all flights on routes between Paris-Orly and Corsica: In respect of at least 50 % of daily capacity in each direction on each route, carriers must authorise the sale of tickets at the above fares to the above categories of passenger without any restriction whatsoever until the last seat available has been sold. For the above categories of passenger, and for residents of Corsica, carriers may require tickets to be issued and paid for by a deadline proportional to the period of advance reservation, in accordance with a table drawn up for that purpose.
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(i) young persons (under 25 years old);
(ii) senior citizens (aged 60 years or over);
(iii) students under 27 years of age;
(iv) families (at least two members of the same family travelling together);
(v) disabled persons.
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 Union. Continuity of service 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 may discontinue these services only on the first day of an IATA winter scheduling season, and only after giving at least six months' advance notice. 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 5 years.