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26.8.

98 EN Official Journal of the European Communities C 267/7

Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92
Amendment of public service obligations imposed on certain scheduled air services within
Portugal

(98/C 267/05)
(Text with EEA relevance)

1.ÚÙPursuant to Article 4(1)(a) of Regulation (EEC) — Punctuality:
No 2408/92 the Portuguese Government has decided to
amend, as from 1 January 1999, the public service obli-
gations imposed on scheduled air services operated on Except in cases of force majeure, delays of more than
the following routes; 15 minutes directly attributable to the carrier may not
affect more than 15Ø% of the flights.

—ÙLisbon-Funchal-Lisbon
— Type of aircraft used and operating conditions:
—ÙLisbon-Porto Santo-Lisbon
The services must be operated using duly certified
—ÙOporto-Funchal-Oporto. jet-propelled aircraft having a minimum seating
capacity of 90. The services to and from Funchal
airport must be operated in accordance with the
2.ÚÙThe public service obligations are as follows: conditions published in ‘Aeronautical Information of
Portugal’ (AIP).

— Capacity and continuity of service:
— Minimum frequency:
The overall capacity of scheduled air transport on
each service, offered by all carriers operating that
service, must at least match the capacity offered —ÙOn the Lisbon-Funchal-Lisbon route, at least one
during the corresponding periods 1998Ø(*). round trip per day, between 8 a.m. and 9 p.m.,
throughout the year.

The planned services must be guaranteed throughout
each calendar year at least and, except in the —ÙOn the Lisbon-Porto Santo-Lisbon route, at least
following circumstances, may be suspended only with one round trip per week throughout the year.
six months’ notice.

—ÙOn the Oporto-Funchal-Oporto route, at least
Reductions of capacity must be notified in advance to
two round trips per week throughout the year.
the Portuguese Civil Aviation Institute, and may not
be applied for six months if the overall capacity
offered thereby falls below the thresholds referred to
in the first paragraph of section 2; in this case the — Fares:
Portuguese Civil Aviation Institute must so inform
the operator wihin 30 days of the notification.
The fare structure must include a fully flexible
economy fare, a range of fares with levels and
Except in cases of force majeure, the number of flights conditions tailored to different demand segments
cancelled for reasons directly attributable to the (tourist, business, general cargo, specific products,
carrier must not exceed 2Ø% of the number of flights etc.).
scheduled in any IATA scheduling season.

Residents of the Autonomous Region of Madeira
In the event of temporary interruption of the air shall benefit from a discount of 40Ø% on the fully
services due to unforeseen circumstances, to cases of flexible economy fare or 33Ø% on the other
force majeure and for other reasons, the planned applicable public fares. Students whose place of
capacity must be increased by at least 60Ø% from the residence is within the Autonomous Region of
moment when services can be resumed until the Madeira and who study elsewhere in Portugal or vice
traffic backlog accumulated during the interruption versa shall enjoy a 40Ø% discount on the applicable
in services has been cleared. public fare.
C 267/8 EN Official Journal of the European Communities 26.8.98

The Portuguese Government will subsidise, in terms —Ùinterruption of the services in question without giving
to be established by law, the abovementioned the advance notice laid down in the public service
discount which shall not exceed, in any case, ESC obligations set out above, or failure to comply with
22Ø000 per round trip. those obligations, will result in a fine,

In 1999, notwithstanding the above basis for calcu- —Ùif, 60 days after the publication of this notice, flight
lating the discount, passengers who are residents of schedules submitted for 1999 do not correspond,
the Autonomous Region of Madeira shall pay no overall, to a volume of scheduled air transport that at
more than a net price of ESC 28Ø000 for a fully least matches the capacity available during the corre-
flexible economy class round trip. sponding periods of 1998Ø(*), or if, at any time after
1 January 1999, the total supply falls to levels below
Students not over 24 years old shall pay no more the abovementioned capacity threshold without
than a net price of ESC 21Ø000 for a fully flexible justification due to decreased demand, the
economy class round trip. Portuguese Government reserves the right to impose
new public service obligations, in accordance with the
— Flight marketing: law.

Flights must be marketed using a computerised reser- Community carriers are also informed that the
vation system. Portuguese Civil Aviation Institute will monitor
compliance with these public service obligations.
3.ÚÙCommunity carriers are hereby informed that given
the special importance of the routes in question, and the
exceptional nature of service continuity requirements: (*)ÙMINIMUM OVERALL CAPACITIES

—Ùcarriers wishing to operate one or more of the
services subject to these obligations must first send Seating Tonnage
the Portuguese Civil Aviation Institute a schedule of Lisbon-Funchal:
these services for one year in accordance with the January to March 206Ø900 2Ø100
obligations,
April to October
(IATA summer season) 637Ø700 4Ø600
—Ùall carriers holding a valid operating licence issued by
a Member State in accordance with Council Regu- November and December 150Ø700 1Ø400
lation (EEC) No 2407/92 on licensing of air carriers,
Oporto-Funchal:
and an appropriate air operator’s certificate can
operate these services, January to March 20Ø900
April to October
—Ùgiven the special nature of these services, air carriers (IATA summer season) 101Ø300
will have to demonstrate their capacity to operate the November and December 18Ø200
service in question with a cabin crew the majority of
whom can speak and understand Portuguese, Lisbon-Porto Santo-Lisbon:
January to March 6Ø300
—Ùair carriers may subcontract to other air carriers, in April to October
accordance with the applicable legislation and regu- (IATA summer season) 25Ø600
lations, any additional capacity needed to meet the November and December 4Ø100
requirements of flight schedules, but they remain
responsible for complying with their obligations and Note: there are peaks in demand in the summer and at
with their flight schedule, Christmas.