Advanced Search

Resolution Of March 27, 2009, By The Secretariat, That The Agreement Of The Council Of Ministers Of 13 March 2009, Whereby Public Service Obligations Are Declared In Aladierno Is Published.

Original Language Title: Resolución de 27 de marzo de 2009, de la Subsecretaría, por la que se publica el Acuerdo de Consejo de Ministros de 13 de marzo de 2009, por el que se declaran obligaciones de servicio público en la ruta Almería-Sevilla.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The Council of Ministers, at its meeting of 13 March 2009, approved the Agreement declaring public service obligations on the Almería-Seville route.

These obligations, which are laid down in the framework of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of services in the Community, are hereby declared at the request of the Junta de Andalucía.

The publication of the said Agreement is generally available as an annex to this Resolution.

Madrid, March 27, 2009.-The Assistant Secretary for Development, José María Ramírez Loma.

ANNEX

Agreement of the Council of Ministers declaring public service obligations on the Almería-Seville route

Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of services in the Community admits that any Member State may impose a public service obligations, in relation to scheduled air services between a Community airport and an airport serving a peripheral or developing region, or on a route of low traffic density serving an airport of the territory of that Member State, where such a route is considered essential for economic development and social of the region served by the airport.

In accordance with Article 149.1.20 of the Constitution, which confers exclusive competence on the State in the field of air transport, it is up to the Government to establish public service obligations in relationship with scheduled air services between airports located in Spanish territory, and the Ministry of Public Works of the Ministry of Public Works of the European Union, implementing the measures provided for in Regulation (EC) 1008/2008 of 24 September 2008 to ensure compliance.

The Government of Andalusia has requested the Government to declare public service obligations in the air route between Almeria and Seville which guarantee a minimum supply of regular services, in order to strengthen the territorial cohesion of the Autonomous Community, to improve communication between the two cities and to optimize the effects of the population development and economic dynamism of the province of Almeria.

The public service obligations will come to cover, temporarily, a demand for transport services that are currently insufficiently attended by other modes, and will be implemented under the partnership between the administration General of the State and the Autonomous Community. The Ministry of Public Works shall ensure the proper functioning of the public service provision and the obligations of economic content shall be fully assumed by the Junta de Andalucía.

In its virtue, on the proposal of the Minister of Development, prior to the report of the Committee of the Government of the Government for Economic Affairs, the Council of Ministers at its meeting on 13 March 2009,

AGREEMENT

First. -Declare public service obligations in the air route between Almeria and Seville in the terms set out in the annex to this agreement.

The public service obligations shall take effect from the day following that of the publication in the Official Journal of the European Union of the information note referred to in the second subparagraph of Article 16 (4) of the Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of services in the Community.

Second.-The public service obligations, the Community air carriers interested in the conduct of the scheduled air services will present their service programmes to the General Directorate of Aviation Civil from the Ministry of Public Works.

Third. -Examined the air carrier programs for each traffic season established by the International Air Transport Association (IATA) and its adequacy to the declared public service obligations, the Directorate-General for Civil Aviation of the Ministry of Public Works shall notify the air carriers if the service programmes submitted are in line with the public service obligation declared and shall, if so, communicate the date of commencement of the service. service delivery.

Fourth. -If within one month, from the date of publication of the information notice in the Official Journal of the European Union, no air carrier has submitted a service programme in accordance with the obligations of the public service imposed for the route without requesting any economic compensation, the access to the route concerned shall be limited to a single air carrier to which it shall be compensated with the amount necessary for it to agree to comply with the public service obligations.

In this case, the right to provide the services will be offered by public tender in accordance with the procedure laid down in Article 17 of Regulation (EC) No 1008/2008 of 24 September 2008.

The tenders submitted by the tendering companies shall specify the amount requested as compensation for the operation of the services during the period of service delivery.

The compensation requested may be modified only if unforeseen circumstances exist in the operating conditions of the services.

Fifth. The administrative service contract shall be governed by Regulation (EC) No 1008/2008 of 24 September 2008 and by Law 30/2007 of 30 October 2008 on public sector contracts and other applicable provisions.

Sixth. -Air services will begin to be provided within one month of the signing of the service contract.

Seventh.-The Directorate General of Civil Aviation will carry out the necessary actions to achieve and verify compliance with public service obligations.

The Ministry of Public Works will adopt the measures that are necessary for the implementation of this agreement; in particular, those that require an adequate response to a serious interruption of services and those aimed at reducing temporarily the quality parameters relating to the minimum supply in terms of frequencies and number of seats when there is a situation of significant drop in the demand for service which makes it impossible to comply with the requirements laid down in the this agreement. If such a situation is maintained for a period exceeding two consecutive seasons of IATA Traffic, approval of new measures by the Council of Ministers shall be required.

Eighth. -Air carriers must provide the Ministry of Public Works with the statistical results of each traffic season, one month after its completion, and the periodic data relating to the evolution of traffic, passengers transported, flights made and passenger revenues and all economic data enabling the determination of compliance with this agreement.

Ninth.-The violations committed by the air carriers in relation to the public service obligations will be subject to the sanctioning regime established in Law 21/2003 of 7 July of Air Safety.

ANNEX

I. Air routes affected

Public service obligations are declared in the regular air services provided on the Almería-Sevilla route.

II. General Conditions

1. Community air carriers wishing to operate scheduled air services in accordance with the public service obligations covered by this Agreement shall be in possession of a operating licence in force, in accordance with the provisions of this Agreement. laid down in Regulation (EC) No 1008/2008 of 24 September 2008.

2. Each company must submit to the Directorate General of Civil Aviation on the dates and time limits stipulated in paragraph 3 of this heading, the programme of operations on the route subject to public service obligations, which shall cover a period of time. a minimum of 12 consecutive months. This programme of operations shall be presented on an individual basis with respect to the flight schedule which the air carriers may submit for operation on other routes.

The program of operations on the route submitted to public service obligations will include the following information:

a) Periods of operation of the corresponding traffic seasons, established by the International Air Transport Association (IATA).

b) Flight identification number.

c) Operation Horarios.

d) Capacity offering.

e) Period and days of operation.

f) Aircraft type/number of seats/load capacity.

g) Configuring the passenger cabin, if any.

h) Written knowledge and acceptance of the conditions of continuity and delivery of the service program within the framework of the public service obligations provided for in this agreement.

Any permanent modification of the approved flight schedule for each company will require the approval of the Directorate General of Civil Aviation.

In addition, the company shall, in a detailed manner, forward the prices and terms of the fees to be applied, in accordance with the specific requirements set out in paragraph (c) of Section III of this Annex.

3. The following shall be taken into account for the presentation of the flight programmes:

3.1 Each air carrier will present the distributed services program in winter and summer traffic seasons on the dates and conditions stipulated below:

(a) If the start of the immediate programme of services coincides with the start of the summer traffic season, the presentation of the same will be carried out before 1 March and will also include the planned programme for the following winter traffic season.

(b) If the start of the immediate service programme coincides with the start of the winter traffic season, it will be presented before 1 October and will also include the planned programme for the following year. summer traffic season.

3.2 In the event of market access on any other date, the company will present its services program at least thirty calendar days before the scheduled start of operations, and will include the service program. for the part corresponding to the traffic season in which the operations are initiated together with the schedule for the remainder of the period until the end of the 12 months of operation. From the following traffic season to the start of operations, the company will follow the procedure set out in paragraph 3.1 above.

3.3 The initiation of the services may be carried out once they have been expressly approved by the Directorate General of Civil Aviation. However, the service programmes shall be deemed to have been approved if, on the date of their commencement, the Directorate-General for Civil Aviation has not acted in this respect.

This approval should be subject to control over the adequacy of the programme with the content of the public service obligations, taking as a reference the whole of the operators ' programmes. interveners.

4. Air carriers shall undertake to operate their service programme for a period of at least 12 consecutive months. In the face of a new entry, or a significant increase in the flight schedule of an operator on the route subject to public service obligations, the other companies operating the route may choose to maintain their programming or adjust its service programme, without prejudice to the fulfilment of public service obligations. However, a company may terminate definitively in the provision of services prior to communication to the Directorate General of Civil Aviation at least six months in advance of the expected end date of the committed period.

5. For the purposes of this Agreement, the air fare shall mean the price expressed in euro which passengers must pay to air carriers or their agents for their carriage and the carriage of their luggage in air services, according to the conditions in each applicable case. The fee includes, also, the remuneration and the conditions offered to the agencies and, where applicable, the charge for issuing a ticket registered with the Directorate General of Civil Aviation, as well as the fees and taxes with the exception of the fee for the use of the infrastructure and the security rate.

The final price of the transport contract will include the following concepts: the price of the charge, the fee for the use of the infrastructure and the security charge.

III. Specific conditions

1. The specific conditions for public service obligations, for the route referred to in item I, shall be as follows:

a) Period of operation, minimum frequency, schedules and capacity offered: Communications will be guaranteed at times with departure between 7:00 and 9:00 local time and with return between 19:30 and 21:30 local hours, with the limits imposed by the operational periods of the airports.

The service to be provided will be two daily frequencies (two daily flights back and forth in each direction) throughout the year, from Monday to Friday, and a frequency on Saturdays and Sundays. From Monday to Friday, the first flight of the morning will start at the airport of Almeria and the last of the afternoon at the airport of Seville. On Saturdays and Sundays the companies will adapt the service to the real demand of the market.

The minimum capacity offered throughout the year will be 30,000 seats each way.

(b) Air fares: In the framework of the public service obligations to be established, the maximum rate shall be set, on the first leg, in the following amount:

Almeria-Sevilla: 117 euros.

However, companies will be able to freely set promotional rates with discounts on this maximum rate.

(c) The General Directorate of Civil Aviation shall approve every twelve months, from the start of the service, the update of the previous maximum rate.

When the change involves the increase of the said tariff, it will be approved at the initiative of the airlines operating on the route submitted to public service obligations, and prior to their registration in accordance with the (c).

The amount of the modification shall be equivalent to that resulting from the transfer to the maximum rate established for the purposes of the application to the corresponding twelve-month period from the start of the service, the increase or, in its case, year-on-year decline in the National General Index of the Consumer Price Index System, on the costs directly affected by such a year-on-year variation, estimated at 73 percent of the total structure of the costs of an air carrier.

For the set of aeronautical charges comprising the landing fee, the approach rate and the rate for the use of the air navigation aid network shall be taken into account for increases or, where appropriate, decreases. for each of them that year in the General Budget Law of the State or in its specific legislation, which will be transferred to the tariff, weighing such variations up to a maximum of 3 percent of participation in the structure of costs for each of the three previous concepts.

The proposal for the revision of the maximum rate which, in no case, may be submitted within one month of the beginning of the corresponding period of months, shall be deemed to be accepted if 15 days after the formulation of the No express resolution would have been notified. This presumed estimate is without prejudice to the adjustments that were made as a result of the definitive determination of the variation of the National General Index of the Consumer Price Index System.

Also, in the event of an abnormal increase, unforeseeable and alien to the carriers, of the cost elements that affect the operation of these air services, and on the proposal of the airlines, by Order of the Minister of Public Works the maximum rate may be modified in proportion to the increase in costs experienced, taking into account the cumulative year-over-year effect in the corresponding period.

The tariff, as amended, shall be notified to the carriers operating the services and shall be communicated to the European Commission for publication in the Official Journal of the European Union.

The airlines will be obliged to register, in the Directorate General of Civil Aviation, all their tariffs, specifying the price and condition of each of them. The entry into force cannot be produced until they have been approved by the Directorate General of Civil Aviation.

Promotional rates with discounts on the maximum approved rate that may be offered by companies may be submitted for registration with forty-eight hours in advance of their entry into force, considering whether they are not approved. there is notification to the contrary.

2. Air carriers will take into account their obligations in the application of the specific rules on bonuses to large families.

3. Continuity of service. -Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier may not exceed, for each IATA season, 2 percent of the number of scheduled flights. Except in cases of force majeure, 90 per cent of flights shall not be longer than 15 minutes.

In the event of disruption of services for exceptional reasons, airlines providing services subject to these public service obligations will be obliged to make all necessary efforts to restore the service as quickly as possible.

The marketing of flights. -For information and non-discrimination of fares offered or advertised, it will be in accordance with Article 23 of Regulation (EC) No 1008/2008 of 24 September 2008.