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26.8.

98 EN Official Journal of the European Communities C 267/9

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 267/06)
(Text with EEA relevance)

1.ÚÙPursuant to Article 4(1)(a) of Regulation (EEC) moment when services can be resumed until the
No 2408/92 the Portuguese Government has decided to traffic backlog accumulated during the interruption
amend, as from 1 January 1999, the public service obli- in services has been cleared.
gations imposed on scheduled air services operated on
the following route:
— Punctuality:

Funchal-Porto Santo-Funchal
Except in cases of force majeure, delays of more than
15 minutes directly attributable to the carrier may not
affect more than 15Ø% of the flights.
2.ÚÙThe public service obligations are as follows:

— Type of aircraft used and operating conditions:
— Continuity of service:
The services must be operated using aircraft duly
certified for the operation. The services to and from
The overall capacity of scheduled air transport on the Funchal airport must be operated in accordance with
service, offered by all carriers operating that service, the conditions published in ‘Aeronautical Information
must at least match the capacity offered during the of Portugal’ (AIP).
corresponding periods of 1998Ø(*).

— Minimum frequency:
The planned services must be guaranteed throughout
each calendar year at least and, except in the
following circumstances, may be suspended only with At least two round trips per day, throughout the
six months’ notice. year.

— Fares:
Reductions of capacity must be notified in advance to
the Portuguese Civil Aviation Institute, and may not
be applied for six months if the overall capacity
The fare structure must include a fully flexible
offered thereby falls below the thresholds referred to
economy fare, a range of fares with levels and
in the first paragraph of section 2; in this case the
conditions tailored to different demand segments.
Portuguese Civil Aviation Institute must so inform
the operator within 30 days of the notification.
Residents of Porto Santo shall benefit from a
discount of 40Ø% on the fully flexible economy fare
Except in cases of force majeure, the number of flights or 33Ø% on the other applicable public fares.
cancelled for reasons directly attributable to the Students whose place of residence is within the
carrier must not exceed 2Ø% of the number of flights Autonomous Region of Madeira and who study
scheduled in any IATA scheduling season. elsewhere in Portugal or vice versa shall enjoy a
40Ø% discount on the applicable public fare.

In the event of temporary interruption of the air The Portuguese Government will subsidise, in terms
services due to unforeseen circumstances, to cases of to be established by law, the abovementioned
force majeure, and for other reasons, the programmed discount which shall not exceed, in any case, ESC
capacity must be increased by at least 60Ø% from the 6Ø000 per round trip.
C 267/10 EN Official Journal of the European Communities 26.8.98

In 1999, notwithstanding the above basis for calcu- lation and regulations, any additional capacity
lating the discount, passengers who are residents of needed to meet the requirements of flight schedules,
the Autonomous Region of Madeira shall pay no but they remain responsible for complying with their
more than a net price of ESC 5Ø000 for a fully obligations and with their flight schedule,
flexible economy class round trip.
—Ùinterruption of the service in question without giving
Students not over 24 years old shall pay no more the advance notice laid down in the public service
than a net price of ESC 3Ø500 for a fully flexible obligations set out above, or failure to comply with
economy class round trip. those obligations, will result in a fine,
—Ùif, 30 days after the publication of this notice, flight
3.ÚÙCommunity carriers are hereby informed that, schedules submitted for 1999 do not correspond,
given the special importance of the routes in question, overall, to a volume of scheduled air transport that at
and the exceptional nature of service continuity least matches the capacity available during the corre-
requirements: sponding periods of 1998Ø(*), or if, at any time after
—Ùcarriers wishing to operate one or more of the 1 January 1999, the total supply falls to levels below
services subject to these obligations must first send the abovementioned capacity threshold without
the Portuguese Civil Aviation Institute a schedule of justification due to decreased demand, the
these services for one year in accordance with the Portuguese Government reserves the right to impose
obligations, new public service obligations, in accordance with the
law.
—Ùall carriers holding a valid operating licence issued by Community carriers are also informed that the
a Member State in accordance with Council Regu- Portuguese Civil Aviation Institute will monitor
lation (EEC) No 2407/92 on licensing of air carriers, compliance with these public service obligations.
and an appropriate air operator’s certificate can
operate this service,
(*)ÙMINIMUM OVERALL CAPACITIES
—Ùgiven the special nature of these services, air carriers
will have to demonstrate their capacity to operate the
service in question with a cabin crew the majority of Seating
whom can speak and understand Portuguese,
January to March 27Ø800
—Ùair carriers will be permitted to subcontract to other April to October (IATA summer season) 107Ø000
air carriers, in accordance with the applicable legis- November and December 18Ø800