1. The Italian Republic may continue to apply the public service obligations (‘PSOs’) imposed by Decrees Nos 35 and 36 issued by the Ministry of Infrastructure and Transport on 29 December 2005 (published in the Italian Official Gazette on 11 January 2006) on a total of 16 routes connecting the three airports in Sardinia with several national airports on mainland Italy, published respectively on 24 March 2006 (Decree No 35) and 21 April 2006 (Decree No 36) in the Official Journal of the European Union , in accordance with Article 4(1)(a) of Council Regulation (EEC) No 2408/92 on access for Community air carriers to intra-Community air routes, subject to compliance with the following conditions:
(a)
All air carriers intending to accept the PSOs must be able to operate the route concerned, regardless of the period in which they notified their intention to commence service provision and whether or not notification was sent during or after the 30-day period set in the Decrees.
(b)
Air carriers must not be obliged to provide a duration of continuity of service under the PSO regime in excess of one year.
(c)
The Italian authorities must reassess the need to maintain a PSO on a route and the level of obligations imposed on each carrier as soon as a new carrier commences operations or gives notification of its intention to operate that route and, in any case, once a year.
(d)
The Italian authorities must not prevent air carriers from providing a higher level of services on the routes than the minimum requirements provided for by the PSOs with regard to frequency and capacity.
(e)
Air carriers must not be obliged to offer preferential fares to persons born in Sardinia but not resident there.
(f)
The Italian authorities may not make the right to provide services on a route between two cities subject to an obligation to operate on another route between two cities.
2. The Italian Republic must notify the Commission of the measures taken to implement this Decision by 1 August 2007 at the latest.