# C_2006317EN.01002101.xml

| 23.12.2006 | EN | Official Journal of the European Union | C 317/21 |
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23.12.2006

EN

Official Journal of the European Union

C 317/21

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D-Schwerin: Operation of scheduled air services

Invitation to tender issued by the Federal Republic of Germany pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Rostock-Laage and Munich

(Text with EEA relevance)

(2006/C 317/10)

1.   Introduction: Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, the German Government has decided to impose a public service obligation in respect of scheduled air services on the Rostock-Laage — Munich route with effect from 25.3.2007. The details of this public service obligation have been published in the ‘Official Journal of the European Union’ C 316 of 22.12.2006.

Official Journal of the European Union

If, by 25.2.2007, no EU air carrier has submitted to the Ministerium für Verkehr, Bau und Landesentwicklung Mecklenburg-Vorpommern written proof of commencement of air services with effect from 25.3.2007 in accordance with the public service obligation imposed and without requesting compensation, Germany will, under the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, limit access to a single air carrier and put out the right to operate such services from 25.3.2007 to public tender.

2.   Subject of the invitation to tender: Operation of scheduled air services between Rostock-Laage and Munich in accordance with the public service obligation imposed on this route, as published in the ‘Official Journal of the European Union’ C 316 of 22.12.2006.

Official Journal of the European Union

3.   Participation in the invitation to tender: Participation is open to all carriers who hold a valid operating licence, including an air operator's certificate (AOC), issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23.7 1992 on licensing of air carriers.

4.   Tender procedure: This invitation to tender is subject to Article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92.

The Ministerium für Verkehr, Bau und Landesentwicklung Mecklenburg-Vorpommern reserves the right to reject all offers or to start negotiations if no economically acceptable tender is received. Tenderers are bound by their tender pending the actual award of a tender.

5.   Tender dossier: The full tender dossier, including the technical specifications, the terms of contract and details regarding the imposition of the public service obligation, is obtainable free of charge from:

Ministerium für Verkehr, Bau und Landesentwicklung Mecklenburg-Vorpommern, Referat Straßenverkehr, Luftverkehr, Verkehrs- und Baurecht, D-19048 Schwerin.

It can also be obtained by sending a request by email to the following address: b.witting@wm.mv-regierung.de or by fax to the following number: (49-385) 588-5865.

6.   Financial compensation: Tenders must explicitly state the amount of compensation (in euro), including a breakdown by year, required for the operation of the service from the planned date of commencement.

7.   Fares: The tenders submitted must indicate the proposed fares and the conditions attached to them. The fares must be in agreement with the public service obligation published in‘Official Journal of the European Communities’ C 316 of 22.12.2006.

Official Journal of the European Communities

8.   Duration, alteration and notice of termination of contract: The contract will commence on 25.3.2007 at the earliest and will finish on 31.10.2009 at the latest.

The contract may be terminated by either party subject to 3 months' notice. This is without prejudice to the right of extraordinary termination of contract without notice for serious reasons.

9.   Failure to perform the contract/contractual penalties: The air carrier is responsible for the proper fulfilment of its contractual obligations. The air carrier must guarantee that it has the capacity to operate the service itself during the period covered by the contract.

In the event of interruption of the service by the air carrier as a result of the suspension or revocation of its operating licence or its air operator's certificate (AOC) or the initiation of insolvency proceedings, the Ministerium für Verkehr, Bau und Landesentwicklung Mecklenburg-Vorpommern shall have the right to entrust the temporary continuation of the service to another air carrier until such time as a new operator is appointed.

In the event of failure to comply with, or the incomplete performance of, the contractual obligations by the air carrier, the Ministerium für Verkehr, Bau und Landesentwicklung Mecklenburg-Vorpommern shall be entitled to reduce the compensation payment proportionately. This may also apply where damage has been caused.

10.   Submission of tenders: Tenders must be sent by registered letter, or delivered by hand with receipt, to the following address:

Ministerium für Verkehr, Bau und Landesentwicklung Mecklenburg-Vorpommern, Referat Straßenverkehr, Luftverkehr, Verkehrs- und Baurecht, Schloßstraße 6-8, D-19053 Schwerin, Tel. (49-385) 588-5510, Fax (49-385) 588-5865.

The tender and all accompanying documents must be submitted in German. Aviation data may remain in English.

Tenders must be submitted at the latest 1 month after the date of publication of this notice. All tenders must be submitted in quadruplicate.

11.   Validity of the invitation to tender: The validity of this invitation to tender is subject to the condition that, by 25.2.2007, no EU carrier has submitted written proof that it will operate the air services concerned from 25.3.2007 in accordance with the public service obligation imposed without receipt of any financial compensation.

The tender procedure is subject to the necessary funding being made available in the budget of the Land of Mecklenburg-Western Pomerania.

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