Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the United Kingdom (Recast) (Text with EEA relevance)

CHAPTER IIIU.K.ACCESS TO ROUTES

F1Article 15U.K.Provision of intra-Community air services

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Art. 15 omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 16; 2020 c. 1, Sch. 5 para. 1(1)

Article 16U.K.General principles for public service obligations

1.[F2The Secretary of State, following consultation with the airports concerned, the Government of Gibraltar, if such an airport is located there,] and air carriers operating on the route, may impose a public service obligation in respect of scheduled air services between an airport in [F3the United Kingdom or Gibraltar and an airport serving either a peripheral or development region of the United Kingdom or Gibraltar, or on a thin route to any airport in the United Kingdom or Gibraltar,] any such route being considered vital for the economic and social development of the region which the airport serves [F4or of Gibraltar]. That obligation shall be imposed only to the extent necessary to ensure on that route the minimum provision of scheduled air services satisfying fixed standards of continuity, regularity, pricing or minimum capacity, which air carriers would not assume if they were solely considering their commercial interest.

The fixed standards imposed on the route subject to that public service obligation shall be set in a transparent and non-discriminatory way.

2.In instances where other modes of transport cannot ensure an uninterrupted service with at least two daily frequencies, the [F5Secretary of State] may include in the public service obligation the requirement that any [F6qualifying air carrier] intending to operate the route gives a guarantee that it will operate the route for a certain period, to be specified, in accordance with the other terms of the public service obligation.

3.The necessity and the adequacy of an envisaged public service obligation shall be assessed by the [F7Secretary of State] having regard to:

(a)the proportionality between the envisaged obligation and the economic development needs of the region concerned [F8or, as the case may be, Gibraltar];

(b)the possibility of having recourse to other modes of transport and the ability of such modes to meet the transport needs under consideration, in particular when existing rail services serve the envisaged route with a travel time of less than three hours and with sufficient frequencies, connections and suitable timings;

(c)the air fares and conditions which can be quoted to users;

(d)the combined effect of all air carriers operating or intending to operate on the route.

4.[F9When the Secretary of State proposes to impose a public service obligation, the Secretary of State must in writing communicate the details of the envisaged public service obligation to—

(a)the airports concerned,

(b)the Government of Gibraltar, if such an airport is located there, and

(c)any qualifying air carriers operating the route in question.]

[F10The Secretary of State must publish an information notice in the London, Edinburgh and Belfast Gazettes:]

(a)identifying the two airports connected by the route concerned and possible intermediate stop-over point(s);

(b)mentioning the date of entry into force of the public service obligation; and

(c)indicating the complete address where the text and any relevant information and/or documentation related to the public service obligation shall be made available without delay and free of charge by the [F11Secretary of State].

F125.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.The date of entry into force of a public service obligation shall not be earlier than the date of publication of the information notice referred to in the second subparagraph of paragraph 4.

7.When a public service obligation has been imposed in accordance with paragraphs 1 and 2 the [F13qualifying air carrier] shall be able to offer seat-only sales provided that the air service in question meets all the requirements of the public service obligation. Consequently that air service shall be considered as a scheduled air service.

8.When a public service obligation has been imposed in accordance with paragraphs 1 and 2, any other [F14qualifying air carrier] shall at any time be allowed to commence scheduled air services meeting all the requirements of the public service obligation, including the period of operation that may be required in accordance with paragraph 2.

9.Notwithstanding paragraph 8, if no [F15qualifying air carrier] has commenced or can demonstrate that it is about to commence sustainable scheduled air services on a route in accordance with the public service obligation which has been imposed on that route, the [F16Secretary of State] may limit access to the scheduled air services on that route to only one [F15qualifying air carrier] for a period of up to four years, after which the situation shall be reviewed.

F17...

10.The right to operate the services referred to in paragraph 9 shall be offered by public tender in accordance with Article 17, either singly or, in cases where justified for reasons of operational efficiency, for a group of such routes to any [F18qualifying air carrier] entitled to operate such air services. For reasons of administrative efficiency, [F19a single invitation to tender covering different routes may be issued].

11.A public service obligation shall be deemed to have expired if no scheduled air service has been operated during a period of 12 months on the route subject to such obligation.

12.In case of sudden interruption of service by the [F20qualifying air carrier] selected in accordance with Article 17, the [F21Secretary of State] may, in case of emergency, select by mutual agreement a different [F20qualifying air carrier] to operate the public service obligation for a period up to seven months, not renewable, under the following conditions:

(a)any compensation paid F22... shall be made in compliance with Article 17(8);

(b)the selection shall be made among [F23qualifying air carriers] in compliance with the principles of transparency and non-discrimination;

(c)a new call for tender shall be launched.

F24...

Textual Amendments

F2Words in Art. 16(1) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 16(1) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 16(1) inserted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 16(2) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Art. 16(2) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in Art. 16(3) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in Art. 16(3)(a) inserted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F9Words in Art. 16(4) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F10Words in Art. 16(4) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F11Words in Art. 16(4)(c) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F12Art. 16(5) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(6); 2020 c. 1, Sch. 5 para. 1(1)

F13Words in Art. 16(7) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(7); 2020 c. 1, Sch. 5 para. 1(1)

F14Words in Art. 16(8) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(7); 2020 c. 1, Sch. 5 para. 1(1)

F15Words in Art. 16(9) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16Words in Art. 16(9) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

F17Words in Art. 16(9) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(8)(c); 2020 c. 1, Sch. 5 para. 1(1)

F18Words in Art. 16(10) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F19Words in Art. 16(10) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F20Words in Art. 16(12) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F21Words in Art. 16(12) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

F22Words in Art. 16(12)(a) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(10)(c); 2020 c. 1, Sch. 5 para. 1(1)

F23Words in Art. 16(12)(b) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(10)(d); 2020 c. 1, Sch. 5 para. 1(1)

F24Words in Art. 16(12) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 17(11); 2020 c. 1, Sch. 5 para. 1(1)

Article 17U.K.Public tender procedure for public service obligation

1.The public tender required in Article 16(10) shall be conducted according to the procedure set out in paragraphs 2 to 10 of this Article.

F252.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.The invitation to tender and the subsequent contract shall cover, inter alia, the following points:

(a)the standards required by the public service obligation;

(b)rules concerning amendment and termination of the contract, in particular to take account of unforeseeable changes;

(c)the period of validity of the contract;

(d)penalties in the event of failure to comply with the contract;

(e)objective and transparent parameters on the basis of which compensation, if any, for the discharging of the public service obligations shall be calculated.

4.[F26The Secretary of State must ensure that an invitation to tender is made known through the publication of an information notice in the London, Edinburgh and Belfast Gazettes.] The deadline for submission of tenders shall not be earlier than two months after the day of publication of such an information notice. F27....

5.The information notice shall provide the following information:

F28(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)air route concerned;

(c)period of validity of the contract;

(d)complete address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation shall be made available F29...;

(e)deadline for submission of tenders.

6.[F30The Secretary of State] shall communicate without delay and free of charge any relevant information and documents requested by a party interested in the public tender.

7.The selection among the submissions shall be made as soon as possible taking into consideration the adequacy of the service, including the prices and conditions which can be quoted to users, and the cost of the compensation required F31..., if any.

8.[F32An air carrier which has been selected under paragraph 7 may be compensated] for adhering to the standards required by a public service obligation imposed under Article 16. Such compensation may not exceed the amount required to cover the net costs incurred in discharging each public service obligation, taking account of revenue relating thereto kept by the air carrier and a reasonable profit.

F339.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3310.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25Art. 17(2) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 18(2); 2020 c. 1, Sch. 5 para. 1(1)

F26Words in Art. 17(4) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 18(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F27Words in Art. 17(4) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 18(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F28Art. 17(5)(a) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 18(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F29Words in Art. 17(5)(d) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 18(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F30Words in Art. 17(6) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 18(5); 2020 c. 1, Sch. 5 para. 1(1)

F31Words in Art. 17(7) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 18(6); 2020 c. 1, Sch. 5 para. 1(1)

F32Words in Art. 17(8) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 18(7); 2020 c. 1, Sch. 5 para. 1(1)

F33Art. 17(9)(10) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 18(8); 2020 c. 1, Sch. 5 para. 1(1)