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Council Regulation (EEC) No 2408/92 (repealed)Show full title

Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (repealed)

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Changes over time for: Article 2

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Version Superseded: 01/11/2008

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Article 2U.K.

For the purposes of this Regulation:

(a)

‘air carrier’ means an air transport undertaking with a valid operating licence;

(b)

‘Community air carrier’ means an air carrier with a valid operating licence granted by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 of licensing of air carriers(1);

(c)

‘air service’ means a flight or a series of flights carrying passengers, cargo and/or mail for remuneration and/or hire;

(d)

‘scheduled air service’ means a series of flights possessing all the following characteristics:

(i)

it is performed by aircraft for the transport of passengers, cargo and/or mail for remuneration, in such a manner that on each flight seats are available for individual purchase by members of the public (either directly from the air carrier of from its authorized agents);

(ii)

it is operated so as to serve traffic between the same two or more airports, either:

1.

according to a published timetable; or

2.

with flights so regular or frequent that they constitute a recognizably systematic series;

(e)

‘flight’ means a departure from a specified airport towards a specified destination airport;

(f)

‘traffic right’ means the right of an air carrier to carry passengers, cargo and/or mail on an air service between tow Community airports;

(g)

‘seat-only sales’ means the sale of seats, without any other service bundled, such as accommodation, directly to the public by the air carrier or its authorized agent or a charterer;

(h)

‘Member State(s) concerned’ means the Member State(s) between or within which an air service is operated;

(i)

‘Member State(s) involved’ means the Member State(s) concerned and the Member State(s) where the air carrier(s) operating the air service is (are) licensed;

(j)

‘State of registration’ means the Member State in which the licence referred to in (b) is granted;

(k)

‘airport’ means any area in a Member State which is open for commercial air transport operations;

(l)

‘regional airport’ means any airport other than one listed in Annex I as a category 1 airport;

(m)

‘airport system’ means two or more airports grouped together as serving the same city or conurbation, as indicated in Annex II;

(n)

‘capacity’ means the number of seats offered to the general public on a scheduled air service over a given period;

(o)

‘public service obligation’ means any obligation imposed upon an air carrier to take, in respect of any route which it is licensed to operate by a Member State, all necessary measures to ensure the provision of a service satisfying fixed standards of continuity, regularity, capacity and pricing, which standards the air carrier would not assume if it were solely considering its commercial interest.

(1)

See page 1 of this Official Journal.

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