# C_2006292EN.01001801.xml

| 1.12.2006 | EN | Official Journal of the European Union | C 292/18 |
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1.12.2006

EN

Official Journal of the European Union

C 292/18

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F-Béziers: Operation of scheduled air services

Operation of scheduled air services between Béziers and Paris (Orly)

Notice of a competitive public tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the delegation of a public service

(2006/C 292/09)

1.   Introduction: Under Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, France has imposed a public service obligation on scheduled air services between Béziers (Béziers-Vias) and Paris (Orly). The standards required by this public service obligation were published under the reference C 291 in the ‘Official Journal of the European Union’ of 30.11.2006.

Official Journal of the European Union

If on 15.3.2007 no air carrier has commenced or is about to commence the scheduled air services in accordance with the imposed public service obligation and without requesting financial compensation, France has decided under the procedure laid down in Article 4(1)(d) of the above Regulation to limit access to the route to a single carrier and to offer the right to operate the services from the start of the IATA 2007 summer season (target date) by invitation to tender.

2.   Contracting entity: Chambre de commerce et d'industrie de Béziers Saint-Pons, direction générale, 26, allées Paul Riquet, BP 371, F-34504 Béziers Cedex. Tél. (33) 4 67 80 98 08. Fax (33) 4 67 80 98 98.

3.   Object of the consultation: The provision, from the start of the IATA 2007 summer season at the earliest, of scheduled air services in accordance with the public service obligation published under the reference C 291 in the ‘Official Journal of the European Union’ of 30.11.2006.

Official Journal of the European Union

4.   Main features of the contract: This is a public service delegation contract concluded between the carrier, the Chamber of Commerce and Industry of Béziers Saint-Pons and the State, in accordance with Article 8 of Decree No 2005-473 of 16.5.2005 relating ‘inter alia’ to the rules governing the allocation of financial compensation by the State.

inter alia

The delegatee will receive the revenue. The Chamber of Commerce and Industry (CCI) of Béziers Saint-Pons and the State will pay it a contribution corresponding to the difference between the actual expenditure, excluding taxes (VAT, and aviation-specific taxes), on operating the service and the commercial revenue excluding taxes (VAT, and aviation-specific taxes) received by it, within the limit of the maximum compensation to which it has committed itself, after deduction, where appropriate, of the penalties referred to in point 9.4 of this notice.

5.   Duration of the contract: The duration of the contract (public service delegation agreement) is 3 years, with the operation of the services to commence at the start of the IATA 2007 summer season at the earliest.

6.   Participation in the consultation: Participation is open to all air carriers holding a valid operating licence issued under Council Regulation (EEC) No 2407/92 of 23.7.1992 on licensing of air carriers.

7.   Award procedure and selection criteria for candidates: This invitation to tender is subject to Article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/1992, Articles L 1411-1 ‘et seq.’ of the General Local Authorities Code concerning public service delegations and the texts implementing them (in particular Decree No 97-638 of 31.5.1997 implementing Law No 97-210 of 11.3.1997 on strengthening the fight against illegal employment), and Decree No 2005-473 of 16.5.2005 relating ‘inter alia’ to the rules governing the allocation of financial compensation by the State and the 3 Orders of 16.5.2005 implementing it.

et seq.

inter alia

Applicants must submit an application file containing the following:

an application letter, signed by the manager or his representative, together with documents giving the power to sign;

a memorandum presenting the undertaking and vouching for the applicant's professional capability and financial standing in the field of air transport, together with any relevant references; this memorandum must make it possible to assess the applicant's ability to ensure the continuity of the public service and guarantee equality of treatment for users; if he so wishes, the applicant may base himself on the model form DC5 used in connection with the award of public contracts;

the overall turnover and the turnover relating to the supply of relevant services over the last 3 years or, if the applicant so wishes, the balance sheets and outturn accounts for the last 3 years; if he cannot provide this information, the applicant must explain the reasons;

a methodology note explaining how the applicant proposes to respond to the consultation file if he is allowed by the CCI of Béziers-Saint Pons to submit a bid, setting out, in particular:

| — | the technical and human resources that the applicant will assign to the operation of the route, |
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the technical and human resources that the applicant will assign to the operation of the route,

| — | the number, qualifications and assignment of personnel and any recruitments that the applicant proposes to make, |
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the number, qualifications and assignment of personnel and any recruitments that the applicant proposes to make,

| — | the types of aircraft used and, where appropriate, their registration, |
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the types of aircraft used and, where appropriate, their registration,

| — | a copy of the tenderer's air carrier operating licence, |
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a copy of the tenderer's air carrier operating licence,

| — | if the operating licence was issued by a European Union Member State other than France, the tenderer must also provide the following information:






  — | the country in which the pilots' licences were issued, |
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if the operating licence was issued by a European Union Member State other than France, the tenderer must also provide the following information:

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the country in which the pilots' licences were issued,

| — | the law applicable to the employment contracts, |
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the law applicable to the employment contracts,

| — | details of membership of social insurance bodies; |
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details of membership of social insurance bodies;

| — | steps taken to comply with Articles L. 341-5 and Articles D. 341-5 ‘et seq.’ of the Labour Code relating to the temporary secondment of wage-earners for the purpose of supplying services on the national territory; |
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steps taken to comply with Articles L. 341-5 and Articles D. 341-5 ‘et seq.’ of the Labour Code relating to the temporary secondment of wage-earners for the purpose of supplying services on the national territory;

et seq.

certificates or statements issued on his honour, as provided for in Article 8 of Decree No 97-638 of 31.5.1997 and the Order of 31.1.2003 implementing Article 8 of the aforementioned Decree, vouching that the applicant has discharged his obligations with regard to taxation and social insurance, in particular covering

| — | corporation tax, |
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corporation tax,

| — | value-added tax, |
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value-added tax,

| — | contributions in respect of social insurance, work accidents, occupational illnesses and family allowances, |
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contributions in respect of social insurance, work accidents, occupational illnesses and family allowances,

| — | civil aviation tax, |
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civil aviation tax,

| — | airport tax, |
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airport tax,

| — | tax on noise pollution from aircraft, |
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tax on noise pollution from aircraft,

| — | solidarity levy; |
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solidarity levy;

in the case of applicants from a European Union Member State other than France, equivalent certificates or statements must be drawn up by the administrations and bodies of the country of origin;

a statement issued on honour indicating that the applicant has no record in bulletin No 2 of a conviction for offences specified in Articles L. 324-9, L. 324-10, L. 341-6, L 125-1 and L. 125-3 of the Labour Code;

a statement issued on honour and/or proof of compliance with the obligation to employ handicapped workers laid down in Article L. 323-1 of the Labour Code;

extract ‘K bis’ of the entry in the Companies Register, or an equivalent document;

pursuant to Article 7 of Regulation (EEC) No 2407/92 of 23.7.1992, an insurance certificate less than 3 months old covering civil liability in the event of accidents, in particular in respect of passengers, luggage, cargo, mail and third parties and conforming to Regulation (EC) No 785/2004 of 21.4.2004, and in particular Article 4 thereof;

in the event of a safeguard or collective procedure measure, a copy of any judgment to this effect.

Applications will be selected with reference to the following criteria set out in Article L. 1411-1(3) of the General Local Authorities Code:

the professional and financial guarantees offered by the applicants;

their ability to ensure the continuity of the public service and guarantee quality of treatment for users with regard to that service;

their compliance with the obligation to employ handicapped workers laid down in Article L. 323-1 of the Labour Code.

8.   Criteria for the award of the contract: Subsequently, carriers whose applications are allowed and accepted will be invited to submit their tenders in accordance with the procedure laid down in the specific rules for the public service delegation invitation to tender, which will then be supplied to them.

In accordance with the provisions of Article 4(1)(f) of Regulation (EEC) No 2408/92, the selection among the submissions will be made 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.

9.   Essential additional information:

9.1   Financial compensation

The tenders submitted by the carriers whose applications are accepted must specify the maximum amount required by way of compensation for operating the route for 3 years, with an annual breakdown. The exact amount of compensation finally granted will be determined annually ex post on the basis of the costs and revenue actually generated by the service, within the limit of the amount stated in the tender. This maximum limit may be revised only in the event of unforeseen changes in the operating conditions.

The annual payments will be made in the form of advance payments and an adjustment balance. The balance will be paid only after approval of the carrier's accounts for the route in question and verification that the service has been operated in accordance with the conditions laid down in Section 9.2 below.

In the event of termination of the contract before its normal expiry date, Section 9.2 will be applied as soon as possible to allow payment to the carrier of the balance due, the maximum amount referred to in the first subparagraph being reduced, where appropriate, in proportion to the actual duration of the service.

9.2   Verification of the operation of the service and of the carrier's accounts

The operation of the service and the carrier's cost accounting for the route in question will examined at least once a year in cooperation with the carrier.

9.3   Amendment and termination of the contract

Where the carrier believes that unforeseen changes in the operating conditions justify revision of the maximum amount of financial compensation, it must present a reasoned request to the other signatory parties, which must reach a decision within 2 months. The contract may then be amended by means of an additional agreement.

The contract may be terminated by either of the signatory parties before the normal end of the validity of the contract provided that a 6-month period of notice is observed. In the event of serious breaches of its contractual obligations, the carrier will be deemed to have terminated the contract without notice if it does not resume the service in accordance with the public service obligation within 1 month of the serving of formal notice.

9.4   Penalties or other deductions provided for in the contract

Failure by the carrier to observe the period of notice referred to in Section 9.3 will be subject either to an administrative fine pursuant to Article R.330-20 of the Civil Aviation Code, or to a penalty calculated on the basis of the number of months of default and the actual operating loss of the route during the year in question, but not exceeding the maximum financial compensation provided for in Section 9.1.

In the event of minor breaches of the public service obligation, the maximum financial compensation provided for in Section 9.1 will be reduced, without prejudice to the application of Article R.330-20 of the Civil Aviation Code.

Such reductions will take account, as appropriate, of the number of flights cancelled for reasons directly attributable to the carrier, the number of flights made with less than the required capacity, and the number of flights not complying with the public service obligation in terms of stopovers and fares charged.

10.   Submission of applications: The application must be drawn up in French. Where necessary, applicants must have documents issued by public authorities in an official language of the European Union translated into French.

Along with the French version, tenderers may enclose a version drafted in another official language of the European Union; this version will not be authentic.

Application files, the content of which is specified in Article 7.1 above, must be sent by registered letter with acknowledgement of receipt bearing the wording ‘NE PAS OUVRIR: candidature OSP AEROPORT BEZIERS VIAS’, the date on the latter serving as proof of the date of receipt, or delivered by hand (in which case a receipt must be obtained), to reach the following address by no later than 8.1.2007 (12:00), local time:

Chambre de Commerce et d'Industrie de Béziers Saint-Pons, Direction générale, 26, allées Paul-Riquet, B.P. 371, F-34504 Béziers Cedex. Telephone: 33 (0) 467 809 808. Fax: 33 (0) 467 809 898.

11.   Subsequent procedure: The Chamber of Commerce and Industry of Béziers Saint-Pons will send selected applicants a consultation file containing ‘inter alia’ rules, specifications and a draft Public Service Delegation Agreement no later than Thursday 11.1.2007.

inter alia

The applicants selected must submit their bids by no later than 1.2.2007 (12:00), local time.

The bid will be binding on the tenderer for a period of 280 days from its submission.

12.   Validity of the public tender: In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community carrier presents by 25.2.2007 a programme for operating the route in question from the start of the IATA 2007 summer season in accordance with the imposed public service obligation and without receiving any financial compensation.

13.   Requests for additional information: To obtain any information they may need, applicants may contact the Directorate General at the address indicated in Section 2 above, exclusively by letter or fax.

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