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Decree Of June 3, 2008 On The Operation Of Air Services Programmes

Original Language Title: Arrêté du 3 juin 2008 relatif aux programmes d'exploitation de services aériens

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JORF n°0137 of 13 June 2008 page 9603
text No. 7



Judgment of June 3, 2008 on Air Services Operations Programs

NOR: DEVA0812488A ELI: https://www.legifrance.gouv.fr/eli/arrete/2008/6/3/DEVA0812488A/jo/texte


Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management,
Considering the Convention of 7 December 1944 on International Civil Aviation, together with the Protocols that amended it;
Considering the Treaty establishing the European Community;
Considering the agreement of 2 May 1992 on the European Economic Area and the protocol on adaptation of the said Agreement, signed in Brussels on 17 March 1993;
Considering the agreement between the European Community and the Swiss Confederation on air transport, signed in Luxembourg on 21 June 1999;
Having regard to Council regulations (EEC) No. 2407/92 and No. 2408/92 of 23 July 1992, respectively concerning the licences of air carriers and the access of community air carriers to intra-community air links;
Having regard to Regulation (EC) No. 785/2004 of the European Parliament and Council of 21 April 2004 on the insurance requirements for air carriers and aircraft operators;
Considering the Civil Aviation Code, including articles L. 330-2, R. 330-6, R. 330-8, R. 330-9 and R. 330-19-1;
In view of the decision of 30 August 2006 on the authorization of charter, franchise and code-sharing operations of French air carriers;
Having regard to the decision of 22 January 2007 on the authorization to operate regular air services between France and countries outside the European Union by community air carriers established in France;
Having regard to the decision of 27 February 2007 on the authorization to operate regular air services between France and countries outside the European Union by non-established community air carriers in France;
In light of the June 3, 2008 order relating to the authorization to operate air services by non-community air carriers and to the authorization to operate non-regular air services by community air carriers,
Stop it!

Article 1 Learn more about this article...

This Order sets out the conditions for the filing and approval of regular and non-regular air services programs of passengers, courier and freight at the departure, destination or within the national territory, pursuant to the articles R 330-8 and R 330-19-1 of the Civil Aviation Code.

Article 2 Learn more about this article...


For the purposes of this Order, the following means:
– "Community State": any Member State of the European Community or a Party to the Agreement on the European Economic Area or any other agreement having the same scope for air transport;
"community air carrier": any air carrier holding an operating licence issued by a Community State pursuant to regulation (EEC) No. 2407/92 referred to above;
"extra-community air carrier": any air carrier other than a community air carrier;
"contractual carrier": a person party to a contract of carriage governed by the Montreal Agreement and entered into with a passenger or shipper or with a person acting on behalf of the passenger or shipper;
"de facto carrier": person, other than the contracting carrier, who, under an agreement with the contracting carrier, carries out all or part of the transport;
- "third or fourth liberty service": an air service consisting of a carrier to land or board in the territory of another State of the traffic from or to the State of which that carrier is a national;
- "regular air service": a series of flights with all of the following characteristics: (i) it is carried out, on an expensive basis, by means of aircraft intended to carry passengers, freight and/or mail, under such conditions as, on each flight, seats, sold individually, are made available to the public (either directly by the air carrier or by its authorized agents); (ii) it is organized in such a way as to ensure the connection between the same two or more airports, either on a published schedule or with a regularity or frequency as part of an obvious systematic series;
"Non-regular air service": theft or succession of flights that do not constitute a regular air service.

Article 3 Learn more about this article...


Regular air service programs are deposited at least one month before the planned start of implementation.
Non-regular air services programs are filed:
- in the case of a series of flights, or a succession of at least six flights, at least 10 working days before the planned start of their implementation;
- in other cases, at least two working days before the planned start of their implementation.
Programs are filed by mail, fax or electronically.
Any change or cancellation made to the program originally filed is subject to a new deposit.

Article 4 Learn more about this article...


I. ― The programs filed include:
(a) The name and contact details of the air carrier.
(b) The name of the person responsible for the program and its contact details as well as those of the air carrier's operational centre.
(c) Description of planned air services (flight number, full itinerary, day, time and frequency of operation of services).
(d) Possible trade agreements (franchise, code sharing or chartering).
(e) Planned air assets and their characteristics: type, registration, capacity (seats offered or market charge offered).
(f) The marketing mode.
II. - In addition, for air services performed under conditions such as on each flight no seat available to the public is sold individually neither by the carrier nor by its authorized agents, the programs filed include:
(g) The name and contact details of the commercial charter(s), as well as, in the event of commercialization in French territory, a justification for their authorization to commercialize tourism products or air services;
(h) The type of commercial charter (on account, package, special event...).
The competent authority for program approval may also request air carriers for advertising documents corresponding to the programs filed and a copy of the commercial charter contract.
III. - The competent authority for program approval may also request air carriers any technical or economic information deemed necessary for the approval of the programs filed.

Article 5 Learn more about this article...


With a view to its first arrival in the national territory, an extra-community air carrier shall, within the time limits provided for in Article 3 of this Order, transmit the valid documents specified in the Annex.
The competent authority for program approval may request, at any time, an update of these documents.

Article 6 Learn more about this article...


In the event that the contractual air carrier is not the de facto carrier and does not hold an operating licence issued by France, it may be requested:
(a) The written agreement for the planned operation of the aeronautical authorities to which the contract carrier reports.
(b) To the de facto carrier to transmit the documents concerning him referred to in Article 5 of this Order.
The transmission of the agreement of the aeronautical authorities to which the contracting carrier reports does not prejudge the decision that will be taken by the competent authority in respect of the security conditions implemented.

Article 7 Learn more about this article...

Any deposited operating program shall be deemed to be complete when all documents under sections 4, 5 and 6 of this Order have been forwarded.
The deadlines set out in the article R 330-8-II of the Civil Aviation Code as well as Article 3 of this Order shall be effective from the receipt of the full program by the competent authority.

Article 8 Learn more about this article...

I. ― An air service operation program filed by an air carrier may not be approved if the existing security standards are not met.
II. - A program for the operation of scheduled air services filed by a community air carrier for which the above-mentioned Regulation (EEC) No. 2408/92 does not apply shall not be approved if that air carrier does not have the necessary authorizations, pursuant to the above-mentioned orders of January 22, 2007 and February 27, 2007.
III. - Prior to approving an air services operating program, the competent authority shall appreciate the program filed in particular with respect to the following characteristics:
(a) Regularity of the designation of the air carrier in the case of air services under an air agreement providing for the designation of the air carriers of the parties.
(b) Implementation of the principle of reciprocity in the bilateral relationship with the third State concerned.
(c) Perennial operation in case of regular air services.
(d) Lack of damage to regular air services in the case of non-regular air services provided on the same service or on a nearby service.
(e) Lack of damage to third and fourth liberties air services in the case of air services carried out by an air carrier of a third State.
(f) Absence of damage to air carriers established in France in the case of air services between two points of the national territory.
(g) Contribution to the development of the territory in the case of air services combining two points distinct from the national territory.
(h) Compliance with existing public service obligations.
(i) Compliance with operating constraints imposed on national aerodromes.
(j) Compliance with existing environmental standards.
(k) Commercialization of services in French territory under the conditions defined by the Tourism Code, including articles L 211 and L 212.
(l) Declarations and regulations of aeronautical taxes and royalties, both for the contractual carrier and for the de facto carrier.
IV. - An air services program may be approved for a shorter period than the one provided in the program tabled.
V. - The approval of a program becomes null and void as soon as the conditions that presided over it are no longer met.
VI. - The approval of a program does not prejudge, if any, the allocation of time slots by the co-ordinator of a coordinated airport, or exempts the air carrier from its obligations to coordinators, schedule facilitators and airport operators.

Article 9 Learn more about this article...


The provisions of this Order shall not apply to the territorial community of Saint-Pierre-et-Miquelon.

Article 10 Learn more about this article...


The Order of September 12, 1980 on procedures for the filing and approval of scheduled international air services programs operated by foreign companies is repealed.

Article 11 Learn more about this article...


The Director General of Civil Aviation is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E


    RELATING TO INFORMATION THAT TRANSMITTED AIR EXTRACOMMUNAUTARY TRANSPORT IN FIRST VENUE ON NATIONAL TERRITORY
    This annex specifies the documents to be provided by extra-community air carriers pursuant to section 5 of this Order.
    For its first arrival in the national territory, an extra-community air carrier shall forward the following documents that are valid:
    (a) A copy of the business license (or equivalent document).
    (b) A copy of the insurance certificate covering the intended operation and in accordance with the provisions of Community Regulation No. 785/2004 referred to above.
    (c) A copy of the air carrier certificate or equivalent document indicating the operator's identity, the date of issuance and the validity period of the certificate, the description of the types of authorized flights, the types of authorized aircraft and the authorized areas of operation.
    (d) Copies of the certificates of registration, airworthiness and limitation of sound nuisance of the aircraft envisaged for the air services provided.
    (e) An attestation of the presence of EGPWS (Enhanced Ground Proximity Warning System) or GPWS and ACAS II (Airborne Collision Avoidance System) on aircraft intended for planned air services, in accordance with the recommended standards and practices of the International Civil Aviation Organization.
    (f) A technical questionnaire provided by the operator.
    This technical record, including the questionnaire, will be the subject of a review on the basis of existing security standards prior to the approval of the submitted programs.


Done in Paris, June 3, 2008.


For the Minister and by delegation:

The Director General of Civil Aviation,

P. Gandil


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