# C_2006106EN.01000701.xml

| 5.5.2006 | EN | Official Journal of the European Union | C 106/7 |
| -------- | -- | -------------------------------------- | ------- |

---

F-Cayenne: operation of scheduled air services

Notice of public invitation to tender issued by the Region of French Guiana (France) pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 with a view to a public service delegation

Operation of scheduled air services between Cayenne, on the one hand, and Maripasoula, Saül and Grand-Santi via Saint-Laurent-du-Maroni, on the other

(2006/C 106/07)

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 imposed public service obligations on scheduled air services between Cayenne, on the one hand, and Maripasoula, Saül, and Grand-Santi via Saint Laurent du Maroni, on the other. The standards required by these public service obligations were published in Official Journal of the European Union C 83 of 5.4.2005.

If on 1 December 2006 no air carrier has commenced or is about to commence operating these scheduled air services in accordance with the public service obligations imposed and without requesting financial compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the abovementioned Regulation, to limit access to this group of routes to a single carrier and, following an invitation to tender, to offer the right to operate these services from 1 January 2007.

2.   Awarding authority: Région Guyane, Cité administrative régionale, route de Montabo, rond-point de Suzini, BP 7025, F-97307 Cayenne Cedex. Tel. (594) 27 11 93, fax (594) 27 12 88.

3.   Object of consultation: The operation from 1 January 2007 of scheduled air services on the following group of routes, in accordance with the public service obligations published in Official Journal of the European Union C 83 of 5.4.2005:

Cayenne - Maripasoula,

Cayenne - Saül,

Cayenne - Grand-Santi via Saint-Laurent-du-Maroni.

4.   Main features of the service:

| 1) | Between Cayenne and Maripasoula
Minimum frequency: Two daily return trips all year round; Minimum capacity offered:
33 000 seats annually; 440 tonnes of freight annually. | | Minimum frequency: Two daily return trips all year round; | | Minimum capacity offered:
33 000 seats annually; 440 tonnes of freight annually. | | 33 000 seats annually; | | 440 tonnes of freight annually. |
| -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | --------------------------------------------------------- | | --------------------------------------------------------------------------------- | | ---------------------- | | ------------------------------- |
| | Minimum frequency: Two daily return trips all year round; | | | | | | | | |
| | Minimum capacity offered:
33 000 seats annually; 440 tonnes of freight annually. | | 33 000 seats annually; | | 440 tonnes of freight annually. | | | | |
| | 33 000 seats annually; | | | | | | | | |
| | 440 tonnes of freight annually. | | | | | | | | |

| 2) | Between Cayenne and Maripasoula
Minimum frequency: One daily return trip all year round. Minimum capacity offered:
8 000 seats annually; 100 tonnes of freight annually. | | Minimum frequency: One daily return trip all year round. | | Minimum capacity offered:
8 000 seats annually; 100 tonnes of freight annually. | | 8 000 seats annually; | | 100 tonnes of freight annually. |
| -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | -------------------------------------------------------- | | -------------------------------------------------------------------------------- | | --------------------- | | ------------------------------- |
| | Minimum frequency: One daily return trip all year round. | | | | | | | | |
| | Minimum capacity offered:
8 000 seats annually; 100 tonnes of freight annually. | | 8 000 seats annually; | | 100 tonnes of freight annually. | | | | |
| | 8 000 seats annually; | | | | | | | | |
| | 100 tonnes of freight annually. | | | | | | | | |

| 3) | Between Cayenne and Grand Santi, via Saint Laurent du Maroni
Minimum frequency: One daily return trip all year round; Minimum capacity:
8 000 seats annually; 300 tonnes of freight annually. | | Minimum frequency: One daily return trip all year round; | | Minimum capacity:
8 000 seats annually; 300 tonnes of freight annually. | | 8 000 seats annually; | | 300 tonnes of freight annually. |
| -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | -------------------------------------------------------- | | ------------------------------------------------------------------------ | | --------------------- | | ------------------------------- |
| | Minimum frequency: One daily return trip all year round; | | | | | | | | |
| | Minimum capacity:
8 000 seats annually; 300 tonnes of freight annually. | | 8 000 seats annually; | | 300 tonnes of freight annually. | | | | |
| | 8 000 seats annually; | | | | | | | | |
| | 300 tonnes of freight annually. | | | | | | | | |

5.   Main features of the contract: Single public service delegation contract concluded between the carrier, the Region of French Guiana 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.

The delegatee will receive the receipts and the Region of French Guiana 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 receipts excluding taxes (VAT, and aviation-specific taxes) received by it, within the limit of the maximal compensation to which it has committed itself, after deduction, where appropriate, of the penalties referred to in point 10.4 of this notice.

6.   Duration of the contract: The duration of the contract (public service delegation agreement) is three years starting from 1 January 2007.

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

8.   Award procedure and criteria for selecting candidates: 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, and to the provisions of 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 three orders of 16.5.2005 implementing them.

8.1   Supporting documents: Applicants must submit an application file containing the following:

a letter of application, signed by the manager or his representative, together with documents giving the power to sign (in the case of a grouping, the names of the members, the identity of the agent, and proof of the powers given to the agent),

a memorandum presenting the undertaking and explaining the applicant's professional and financial fitness in the air transport field, 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 three years or, if the applicant so wishes, the balance sheets and outturn accounts for the last three 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 to submit a bid by the Region of French Guiana, setting out, in particular:

| — | the technical and human resources which the applicant will assign to the operation of the routes; |
| - | ------------------------------------------------------------------------------------------------- |

| — | 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; |
| - | ---------------------------------------------------------------------- |

| — | 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: |
| - | ------------------------------------------------------------------------------------------------------------------------------------------------- |

| — | nationality of the pilots' licences, |
| - | ------------------------------------ |

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

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

the steps taken to comply with the provisions of 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,

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 abovementioned Decree, vouching that the applicant has discharged his obligations with regard to taxation and social insurance, in particular concerning:

| — | corporation tax; |
| - | ---------------- |

| — | value-added tax; |
| - | ---------------- |

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

| — | civil aviation tax; |
| - | ------------------- |

| — | airport tax. |
| - | ------------ |

| — | In the case of applicants from a European Union Member State other than France, equivalent certificates or statements issued on honour must be drawn up by the administrations and bodies of the country of origin; |
| - | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |

a statement issued on honour relating to the absence of conviction recorded in bulletin No 2 for offences referred to 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 provided for in Article L 323-1 of the Labour Code,

extract ‘K bis’ relating to statutory registration or an equivalent document,

pursuant to Article 7 of Regulation (EEC) No 2407/92 of 23 July 1992, an insurance certificate less than three months old covering civil liability in case of accidents, in particular in respect of passengers, luggage, cargo, mail and third parties and conforming to Regulation (EC) No 785/2004 of 21 April 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.

In the case of grouped applications, the grouping must act jointly and designate a sole agent. All the documents listed above must be produced for each undertaking in the grouping. Any grouping agreement concluded between the undertakings in the grouping must be included in the application file. The following information must be clearly specified:

the identity, role and, having regard to its competencies, the complementarity of each of the members of the grouping in the context of the project,

how the grouping intends to ensure the continuity of the public service and the management of the service, in particular in terms of organisation.

8.2.   Procedures for the examination of applications: Applicants 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 equality of treatment for users with regard to that service,

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

9.   Criteria for the award of the contract: Subsequently, the carriers whose applications are allowed and accepted will be invited to present their tenders in accordance with the procedures laid down in the specific rules for the 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.

10.   Essential additional information:

10.1.   Financial compensation: The tenders submitted by the carriers whose applications are accepted will specify the amount required by way of compensation for operating each service for three years from 1 January 2007, 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 limits of the amount stated in the tender. This upper limit can be revised only in the event of an unforeseen change 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 routes in question and verification that the service has been operated in accordance with the conditions laid down in point 10.2 below.

In the event of termination of the contract before its normal expiry date, point 10.2 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.

10.2   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 routes in question will be examined at least once a year in cooperation with the carrier.

10.3   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 contracting parties, which must reach a decision within two months. The contract can 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 six-month period of notice is observed. In the event of serious breaches of the public service 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 obligations within one month of the serving of formal notice.

10.4   Penalties or other deductions provded for in the contract: Failure by the carrier to observe the period of notice referred to in point 10.3 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 service during the year in question, but not exceeding the maximum financial compensation provided for in point 10.1.

In the event of minor breaches of the public service obligations, the maximum financial compensation provided for in point 10.1 will be reduced, without prejudice to the application of the provisions 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 obligations regarding stopovers and fares charged.

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

Applicants may enclose, along with the French version, a version drafted in another non-authentic official language of the European Union.

Tender dossiers, the content of which is specified in the specific rules for the invitation to tender, must be sent by registered letter with acknowledgement of receipt, the date on the latter serving as proof of the date of receipt, or delivered by hand, to reach the following address before 12.00 hours local time (T.U. – 3 hours) on 30 June 2006 at the latest:

Region of French Guiana, Cité administrative régionale, Direction du Développement, de l'Économie et de l'Aménagement, Service de l'Aménagement et du Développement du Territoire, Route de Montabo, Rond-point de Suzini, BP 7025, F-97307 Cayenne Cedex.

12.   Subsequent procedure: No later than 13 July 2006, the Region of French Guiana will send the applicants selected a consultation file comprising in particular a regulation, specifications and a draft contract.

The applicants selected must submit their bids no later than 16 August 2006 before 12.00 hours local time (U.T. – 3 hours).

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

13.   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 December 2006 a programme for operating the route in question from 1 January 2007 in accordance with the public service obligation imposed, without receiving any financial compensation.

14.   Requests for additional information: To obtain any information they may need, applicants may contact the person responsible for the Service de l'Aménagement et du Développement du Territoire de la Région Guyane (Regional Planning and Development Service of French Guiana), at the address indicated in Section 2 above, exclusively by letter or fax.

---