Alphabetical index
This page is available in 4 languages

We are migrating the content of this website during the first semester of 2014 into the new EUR-Lex web-portal. We apologise if some content is out of date before the migration. We will publish all updates and corrections in the new version of the portal.

Do you have any questions? Contact us.

Access for air carriers to intra-Community air routes (third phase)


This Regulation works towards the liberalisation of the provision of intra-Community air services.


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


The Regulation repeals Council Regulation (EEC) No 2343/90, except for Article 2 and Annex I.

It covers access for air carriers to scheduled and non–scheduled intra-Community air services. Special provisions apply to the Greek islands, the Azores and the airport of Gibraltar.

Community air carriers may exercise traffic rights between airports or airport systems within the Community where these are open to civil air services.

A Member State may impose a public service obligation (air services meeting fixed standards to which the air carrier would not operate if he were considering nothing but his commercial interest) in respect of scheduled air services to a regional airport on a route which is considered vital for the economic development of the region.

If no air carrier is yet providing a scheduled service on a route for which a public service obligation has been imposed, the Member State may limit access to that route to only one air carrier for a period of up to three years. The right to operate must be offered by public tender. The selection must be made as quickly as possible. In spite of this provision, two months must elapse between publication and selection but this constraint does not apply where another Member State whose interests are involved proposes a satisfactory alternative means of fulfilling the same public service obligation.

The Regulation does not affect a Member State's right to regulate, without discrimination, the allocation of traffic to airports forming part of an airport system. The exercising of traffic rights is subject to Community, national, regional or local rules relating to safety, the protection of the environment and slot allocation.

When the conditions listed in point 5 are not met, a Member State may limit, or refuse, the exercising of those traffic rights but must first inform the Commission of its intention. Any Member State may refer the Commission's decision on such a situation to the Council within one month.

In order to carry out its duties under the Regulation, the Commission may obtain all necessary information from the Member States and air carriers concerned.


Regulation (EC) n°2408/92 is repealed and replaced, as from 1 November 2008, by Regulation (EC) n°1008/2008 establishing common rules for the operation of air services in the Community. In particular, this Regulation introduces new rules on access for air carriers to air routes.


ActEntry into force - Date of expiryDeadline for transposition in the Member StatesOfficial Journal
Regulation (EEC) No 2408/92



OJ L 240 24.8.1992

Amending act(s)Entry into forceDeadline for transposition in the Member StatesOfficial Journal
Regulation (EC) No 1882/2003



OJ L 284 of 31.10.2003

Regulation (EC) No 1791/2006



OJ L 363 of 20.12.2006

Last updated: 19.11.2008
Legal notice | About this site | Search | Contact | Top