Rules On Public Interest In Air Transport Service Obligations

Original Language Title: Noteikumi par sabiedriskas nozīmes gaisa pārvadājumu pakalpojumu sniegšanas saistībām

Read the untranslated law here: https://www.vestnesis.lv/op/2015/124.18

Cabinet of Ministers Regulations No. 314 in Riga, June 16, 2015 (pr. No 29 26. §) rules on public interest in air transport service obligations Issued in accordance with the law "on the air", the fourth part of article 4.2 1. determines the order in which: 1.1. establish public service obligation for scheduled air services (hereinafter the service obligations);
1.2. determination of the air carrier compensation incurred additional expenses. 2. Service obligations may be imposed if it is of importance for national economic and social development of the territory of the region or the economic and social development, in which the airport provides services. 3. Municipal, environmental protection and the Ministry of regional development and the Ministry of Economic Affairs (hereinafter the institution) each year, before 1 February, may submit proposals for the Ministry of transport service obligations on air transport, the least busy routes to ensure a national economic and social development of interest (hereinafter referred to as the national interest). 4. the authority that proposes the provision of the service relating to the imposition of the service justifies the need for the European Parliament and of the Council of 24 September 2008. Regulation No 1008/2008 on common rules for the provision of air services in the Community (recast) (hereinafter Regulation No 1008/2008) article 16, paragraph 1 and 2 of these conditions, as well as to ensure that the submitted proposal contains information that will allow to evaluate the proposal in accordance with Regulation No. 1008/2008 article 16, paragraph 3. 5. each year the Ministry of transport to 15 April collects proposals received, assess them according to Regulation No 1008/2008 article 16, paragraph 2 and 3 requirements and submitted to the Cabinet of Ministers information report for decision on routes where public interest is appropriate to impose service obligations, indicating the estimated compensation needs Government funding (by years) and its sources of financing (this will be specified according to the rules referred to in point 12 selection results). 6. a decision on the need to impose service obligations for transport by air a little busy routes in the territory of the region of the economic and social development (hereinafter referred to as the region) adopted the municipality from which budget planned to compensate the carrier incurred additional expenses required for the it service commitments. That decision, the municipality shall adopt, pursuant to the provisions of Regulation No 1009/2008 article 16 1 and 2 and the conditions referred to in the assessment of their compliance with Regulation No 1008/2008 article 16, paragraph 3. 7. If the Cabinet of Ministers adopted a decision on the need to impose the obligation to provide a service in the public interest or the municipality shall adopt a decision on the need to impose service obligations in the interests of the region, then in accordance with Cabinet of Ministers decision of the Ministry of transport or in accordance with the decision of the local government: 7.1 shall notify the European Commission, the other Member States concerned, the airports concerned and air carriers no 1008/2008 of the regulation article 16 (4) and (5) the information as specified in national or local plans to impose service obligations; 7.2. forward to the European Commission for publication in the official journal of the European Union information on national or local plans to impose service obligations; 7.3. Regulation No 1008/2008 of 5 article 16 in the cases referred to in paragraph shall be published in the Official Gazette "Latvijas journal" information on national or local plans to impose service obligations. 8. This rule 7.1., 7.2. and 7.3. information referred to in paragraph prepares the institution which proposed the service obligations. 9. If you encountered no 1008/2008 of the regulation article 16, paragraph 10, set in the State budget or local budget for the performance of the carriage by air within the instruments provided for by the Ministry of transport or relevant municipality: 9.1 in accordance with Regulation No 1008/2008 article 17, paragraph 2, shall be forwarded to the European Commission for publication in the official journal of the European Union indicative notice of invitation to tender in respect of public service obligations (hereinafter referred to as the competition); 9.2. Regulation No 1008/2008 of 5 article 16 in the cases referred to in paragraph shall be published in the Official Gazette "Latvijas journal" informative notice of invitation to tender. 10. The information required in paragraph 9 of these regulations publication of this notice in the official journal of the European Union or in the Official Gazette of the "journal", prepared by the institution proposing the service obligations. 11. the institution which proposed the service obligations on, ensure that the invitation to tender contain no 1008/2008 of the regulation article 17, paragraph 3, the minimum requirements of the tendering procedure shall be open, transparent and non-discriminatory and allows you to select candidates who will provide services for the lowest cost. Compensation for the provision of the service obligations determined if any public tender, that is, if the carrier is not ready to fulfill the obligations of the service without refund. 12. the selection of the tenderer, pursuant to the provisions of Regulation No 1008/2008 article 17, paragraph 7, shall be made by the institution which prepared the invitation to tender for the required information. 13. The provision of the service obligations shall institution which made the selection of the tenderer, in concluding public service obligation contract (hereinafter referred to as the agreement) with the selected tenderer in the tender. 14. the institution which has proposed the provision of the service relating to the imposition, ensuring no 1008/2008 of the regulation, article 18, paragraph 1, the provision of the information required. 15. to ensure no 1008/2008 of the regulation article 18, paragraph 1, compliance with the requirements for effective review of the decisions taken in respect of: 15.1 the decisions taken in the public interest: 15.1.1. in accordance with Regulation No 1008/2008, article 16, together with the Ministry of transport of the body that proposed a service relating to the imposition, prepares the information report of the European Commission found deficiencies, and the Ministry of transport shall submit it to the Cabinet. The report includes proposals and a timetable for these deficiencies or reasons relating to the imposition of a service interruption of the proceedings; 15.1.2. in accordance with Regulation No 1008/2008 article 17, measures for effective review of the decisions made that rule 10, 12 and 13, the institution referred to in paragraph, on informing the Ministry of transport; 15.2. with regard to the decisions taken in the interests of the regions in accordance with Regulation No 1008/2008 of 16 and article 17, measures for the effective review of the decisions taken shall be made by the municipality. 16. Regulation No 1008/2008 article 17, paragraph 9, information about contest results: 16.1. the institution which has made this provision the applicant referred to in point 12, the selection of five working days, prepare and submit to the Ministry of transport or relevant authorities; 16.2. the Ministry of transport or relevant authorities within three working days, send to the European Commission. 17. The contract shall include the following major components of the contract and conditions: 17.1. Regulation No 1008/2008 article 17, paragraph 3, the information specified in, provided that the period of validity of the contract will not exceed no 1008/2008 of the regulation article 16 laid down in paragraph 9 in relation to the provision of the service; 17.2. the refund checks and review the parameters and procedures pursuant to the provisions of Regulation No 1009/2008 article 17, point 7 and 8; 17.3. mutual settlement arrangements; 17.4. the arrangements for the refund of the excess compensation. 17.5. the conditions under which may terminate the contract, without penalty to the institution or the authorities concerned, including the conditions arising from Regulation no 1008/2008 article 18, paragraph 2. 18. When an air carrier without an adapted service obligation flights on other routes that do not have a specific service obligations, it ensures that the performance of the contract related transactions in the income and expenditure accounts separate. From the provision of the service obligations prohibited allocations to finance the rest of the air carrier's operations.  The Prime Minister is the Rapidity of traffic Newsletters instead of Ministers – Minister of finance John Rare in