# C_2008219EN.01003201.xml

| 28.8.2008 | EN | Official Journal of the European Union | C 219/32 |
| --- | --- | --- | --- |

28.8.2008

EN

Official Journal of the European Union

C 219/32

---

P-Lisbon: Operation of scheduled air services

Invitation to tender issued by Portugal under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in the context of the international public tender in respect of the operation of scheduled air services for the route Lisbon-Vila Real-Bragança-Vila Real-Lisbon

(Text with EEA relevance)

(2008/C 219/21)

1.   Introduction: Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, Portugal has decided to amend the public service obligation imposed in respect of scheduled air services operated on the route Lisbon-Vila Real-Bragança-Vila Real-Lisbon.

Consequently, an invitation to tender in the context of the international open tender in respect of the operation of scheduled air services on the route Lisbon-Vila Real-Bragança-Vila Real-Lisbon was published in
  Official Journal of the European Union C 143 of 10 June 2008.

Official Journal of the European Union

Since, within the period allowed for the submission of the tenders referred to in the previous paragraph, no proposal was submitted by any air carrier, the international open tender is considered to have received no response.

However, given the need to ensure the continuity of scheduled air services for the above-mentioned route and the public interest involved in operating the service covered by the invitation to tender, a new international public tender was launched for the operation of scheduled air services on the route Lisbon-Vila Real-Bragança-Vila Real-Lisbon, so that any potential tenderers who had not been aware of the previous tender in time may now submit their proposals.

The Portuguese Government therefore invites, by means of this notice, air carriers to submit proposals for the operation of scheduled air services on the route Lisbon-Vila Real-Bragança-Vila Real-Lisbon under the terms established in the following paragraphs.

If on 15 December 2008 no air carrier is in a position to begin operating scheduled air services on the above-mentioned route in accordance with the public service obligation imposed and without requesting financial compensation, one air carrier will be selected by public tender, in accordance with the procedure provided for in Article 4(1)(d) of the above-mentioned Regulation, which will be awarded the right to operate these services.

2.   Object of the invitation to tender: Provision of scheduled air services on the above route from 12 January 2009 in accordance with the public service obligation as published in the
  Official Journal of the European Union C 143 of 10 June 2008.

Official Journal of the European Union

3.   Participation in the tender procedure: All air carriers holding 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, and an appropriate air carrier's certificate may operate these services.

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 complete tender dossier, comprising the specific rules governing the invitation to tender, may be obtained at the price of EUR 100 from: Instituto Nacional da Aviação Civil I.P., Rua B, Edifícios 4, 5, e 6 — Aeroporto da Portela 4 — P-1749-034 Lisbon.

6.   Financial compensation: Tenders submitted must explicitly indicate the amount required by way of financial compensation for operating the service for three years from the scheduled starting date (with an annual breakdown). If the tenders include the operation of flights at weekends, these should not entail any increase in the financial contribution to be borne by the Member State. The financial impact resulting from the operation of flights at weekends (not to be borne by the Member State) will have to be duly explained and justified in the proposal of the tenderer. The exact amount of compensation finally granted will be determined annually ex post, on the basis of the proven costs and revenue actually generated by the service, up to the amount stated in the tender.

ex post

7.   Fares: Tenderers' bids must indicate the planned fares, which must be in accordance with the public service obligations published in the
  Official Journal of the European Union C 143 of 10 June 2008.

Official Journal of the European Union

8.   Duration, amendment and termination of contract: The contract will enter into force on 12 January 2009 and end after three years. The amount of the financial compensation may be revised in the event of unforeseen changes in operating conditions.

9.   Penalties: Should the carrier be unable to operate the service owing to force majeure, the amount of the financial compensation may be reduced in proportion to the flights not operated. If the carrier fails to operate the service for reasons other than force majeure or fails to fulfil the public service obligation, the Portuguese authorities may:

force majeure

force majeure

reduce the amount of the financial compensation in proportion to the flights not operated,

initiate legal proceedings under which fines and additional penalties provided for in the law might be applied,

apply contractual penalties,

terminate the contract, in compliance with Portuguese law, without prejudice to the situations provided for in the contract in this respect,

invoke the grounds for revocation provided for in Portuguese law and in the licensing contract.

10.   Submission of tenders:

| 1. | Tenders must be submitted by 17.00 hours on the thirtieth day following publication of this invitation to tender in the Official Journal of the European Union. |
| --- | --- |

1.

Tenders must be submitted by 17.00 hours on the thirtieth day following publication of this invitation to tender in the Official Journal of the European Union.

Official Journal of the European Union

| 2. | Tenders and any accompanying documents may be delivered by hand — against receipt — to the headquarters of the Instituto Nacional de Aviação Civil I.P., Rua B, Edifícios 4, 5, e 6, Aeroporto da Portela 4 — P-1749-034 Lisbon, between 9.00 and 17.00 hours, or sent by registered letter provided these are delivered by the date and time laid down in paragraph 1 above. The tenderer shall bear sole responsibility for late delivery. |
| --- | --- |

2.

Tenders and any accompanying documents may be delivered by hand — against receipt — to the headquarters of the Instituto Nacional de Aviação Civil I.P., Rua B, Edifícios 4, 5, e 6, Aeroporto da Portela 4 — P-1749-034 Lisbon, between 9.00 and 17.00 hours, or sent by registered letter provided these are delivered by the date and time laid down in paragraph 1 above. The tenderer shall bear sole responsibility for late delivery.

11.   Validity of the invitation to tender: In accordance with the first sentence of 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 air carrier eligible to operate the service in question submits by 2 December 2008 an application to operate the routes in question from 14 August 2007, in accordance with the public service obligation imposed, without receiving any financial compensation.

If by 15 December 2008 INAC, I.P. establishes that one or more carriers have are able to operate the route, in accordance with the public service obligations imposed, this invitation, as well as any tender submitted in its framework, will be of no effect.

---