# C_2005154EN.01001601.xml

| 25.6.2005 | EN | Official Journal of the European Union | C 154/16 |
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25.6.2005

EN

Official Journal of the European Union

C 154/16

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F-La Rochelle: operation of scheduled air services

Invitation to tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between La Rochelle and Lyon via Poitiers

(2005/C 154/09)

1.   Introduction: Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, France has decided to impose a public service obligation on scheduled air services between La Rochelle (Ile de Ré) and Lyon (Saint-Exupéry) via Poitiers (Biard). The standards required by this public service obligation were published in
  Official Journal of the European Union No C 153 of 24.6.2005.

Official Journal of the European Union

If on 1 October 2005 no air carrier has commenced or is about to commence the operation of scheduled air services between La Rochelle and Lyon via Poitiers in accordance with the public service obligation imposed and without requesting compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the abovementioned Regulation, to limit access to only 1 air carrier and to offer the right to operate such services from 1 November 2005 by public tender.

2.   Subject of the invitation to tender: Operation from 1 November 2005 of scheduled air services between La Rochelle (Ile de Ré) and Lyon (Saint Exupéry), via Poitiers (Biard), in accordance with the public service obligation imposed on this route, as published in
  Official Journal of the European Union No C 153 of 24.6.2005.

Official Journal of the European Union

3.   Participation in the invitation to tender: Participation is open to all Community air carriers which hold a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers.

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

5.   Tender dossier: The full tender dossier, including the specific rules for this invitation to tender and the public service delegation agreement and its technical annex (text of the public service obligation published in the Official Journal of the European Union) is obtainable free of charge from:

Official Journal of the European Union

Aéroport de La Rochelle, Île de Ré, Rue du Jura, F-17000 La Rochelle. Tel. (33-5) 46 42 30 26, fax (33-5) 46 00 04 84.

6.   Financial compensation: The tenders submitted are to specify the amount required by way of compensation for operating the service for 3 years from the scheduled start date (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, without exceeding the amount specified stated in the tender. This ceiling may be revised only in the event of unforeseen changes in the operating conditions.

The annual payments will be made in the form of instalments and a 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 8 below.

In the event of termination of the contract before its normal expiry date, section 8 will be applied as soon as possible to allow payment to the carrier of the balance due, the ceiling referred to in the first paragraph of this section being reduced, where appropriate, in proportion to the actual duration of the service.

7.   Duration of the contract: The duration of the contract (public service delegation agreement) is 3 years from the scheduled date for the commencement of the air services as stipulated in section 2 of this invitation to tender.

8.   Verification of the operation of the service and of the carrier's accounts: The operation of the service and the carrier's accounts for the route in question will be examined at least once a year in cooperation with the carrier.

9.   Cancellation and notice: The contract may be cancelled by either contracting party before its normal expiry date by giving 6 months' notice. In the event of serious breaches of the public service obligation by the carrier, the latter will be deemed to have terminated the contract without notice if it fails to resume the service in accordance with the public service obligation within 1 month of the serving of formal notice.

10.   Reductions in financial compensation: Failure by the carrier to observe the period of notice stipulated in section 9 will lead either to the imposition of an administrative fine, pursuant to Article R.330-20 of the Civil Aviation Code, or to a reduction in financial compensation calculated on the basis of the number of months of default and the real operating loss of the service during the year in question, not exceeding the financial compensation ceiling provided for in section 6.

In the event of minor breaches of the public service obligation, the maximum financial compensation provided for in section 6 will be reduced, without prejudice to the application of Article R.330-20 of the Civil Aviation Code. Such reductions will take account, where appropriate, of the number of flights cancelled for reasons attributable to the carrier, the number of flights made with a capacity lower than that required, the number of flights which failed to comply with the public service obligation as regards stopovers, the number of days on which the public service obligation was not complied with as regards the time at destination, and the use of computerised reservation services.

11.   Presentation of tenders: Tenders must be sent by registered letter with acknowledgement of receipt, date as post-marked, or delivered by hand (in which case a receipt must be obtained), at the latest 6 weeks from the date of publication of this invitation to tender in the Official Journal of the European Union, before 17.00 (local time) to the following address:

Official Journal of the European Union

Aéroport de La Rochelle, Île de Ré, Rue du Jura, F-17000 La Rochelle.

12.   Validity of the invitation to 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 1 October 2005, a programme for operating the route in question from 1 November 2005 in accordance with the public service obligation imposed without receiving any financial compensation.

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