# C_2008219EN.01003001.xml

| 28.8.2008 | EN | Official Journal of the European Union | C 219/30 |
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28.8.2008

EN

Official Journal of the European Union

C 219/30

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Operation of scheduled air services — Invitation to tender issued by the Åland Provincial Government pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Mariehamn on Åland and Stockholm/Arlanda in Sweden

(Text with EEA relevance)

(2008/C 219/20)

1.   Introduction

On 26 June 2008, the Åland Provincial Government decided to supplement the current public service obligation for scheduled air services on the MHQ-ARN route for the period 1 March 2009-29 February 2012 in accordance with Article 4(1)(a) of Council Regulation (EEC) No 2408/92.

The details of this public service obligation were published in the
  Official Journal of the European Union C 218, 27.8.2008, p. 17.

Official Journal of the European Union

If no air carrier has commenced or is about to commence scheduled air services in accordance with the public service obligation imposed and without requesting financial compensation, the Åland Provincial Government will limit access to this route to only one air carrier for three years. The right to operate air services on the route in question will then be offered by invitation to tender in accordance with the procedure laid down in Article 4(1)(d) of the above Regulation. On 26 June 2008, the Åland Provincial Government decided to publish an invitation to tender.

2.   Objective of the tender procedure

To provide scheduled air services from 2 March 2009 to 29 February 2012 on the above route in accordance with the public service obligation published in the
  Official Journal of the European Union, C 218, 27.8.2008, p. 17.

Official Journal of the European Union

3.   Participation in the tender procedure

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

4.   Basis for the tender procedure

This tender procedure is subject to the provisions of Article 4(1)(d)-(i) of Regulation (EEC) No 2408/92. The awarding authority has the right to reject all tenders if the price is too high or if the circumstances or conditions for operating the air services have changed radically so that the planned service is unsuitable or cannot be operated in the way specified in the invitation to tender.

Prior to conclusion of the contract, the Åland Provincial Government may postpone the date on which the services are due to commence. In this case the end date shall be postponed accordingly.

5.   Tender dossier

The complete tender dossier comprising the invitation to tender, the conditions relating to the tender procedure, the contract terms, a description of the public service obligation and destination details as well as the tender form can be obtained from:

Åland Provincial Government, PB 1060, AX-22111, MARIEHAMN, Åland.

The documents can also be requested by e-mail at registrator@ls.aland.fi, telephone (358-18) 250 00 or fax (358-18) 237 90. The contact person is Chief Engineer Niklas Karlman, e-mail niklas.karlman@ls.aland.fi, telephone (358-18) 251 30.

6.   Financial compensation

The tender must clearly indicate the amount in euro which is requested to operate the above service during the period in question. The amount of compensation indicated must be based on an assessment of the actual costs and revenue relating to the activity and on the minimum requirements which the public service obligation involves. Compensation will be granted only for the air-transport-related costs incurred at Arlanda and Mariehamn airports which are directly attributable to the service in question. Compensation will not be paid for costs, such as take-off and landing fees, which are attributable to other routes or airports.

7.   Ticket prices

The tender must specify the prices and types of tickets and the conditions applicable. Ticket prices must be in keeping with the public service obligation imposed on the route.

8.   Selection method

The air carrier will be selected from among the tenders which comply with the invitation to tender and which meet the requirements laid down in the tender documents. The criteria set out in Article 4(1)(f) of Regulation (EEC) No 2408/92 will be taken into account when making the selection.

9.   Period of validity of the contract

The contract will be in force from the date on which it is signed by both parties until the delivery by the air carrier, in accordance with the tender documents, of a final report to the Provincial Government after the last month of operation, which is February 2012, unless the start and end date have been postponed.

10.   Contract amendment and termination

The contract may be amended only if the changes are in line with the public service obligation published for the route in question. Any changes to the contract must be made in writing. Either party may terminate the contract, subject to six months' notice. This is without prejudice to the right to terminate the contract on specific grounds.

11.   Penalties for failure to fulfil the contract

The air carrier is responsible for performance of its contractual obligations. In the event of failure to perform, or incomplete performance of, the contract by the air carrier for reasons attributable to it, the awarding authority is entitled to reduce the compensation payment proportionately. The awarding authority also reserves the right to claim damages.

12.   Final date for submission of tenders

Tenders must be submitted no later than 31 calendar days after the publication of this notice in the Official Journal of the European Union.

31 calendar days

Official Journal of the European Union

13.   Submission of tenders

Tenders must be delivered to the registry of the Åland Provincial Government during the office hours stated below no later than the date stipulated in point 12. The tender must be submitted in a sealed envelope marked ‘Anbud flygtrafik MHQ-ARN’ (Tender for route MHQ-ARN). It may be sent by post or messenger or delivered in person to the Åland Provincial Government at the address given in point 5.

The office address of the Provincial Government is Självstyrelsegården, Strandgatan in Mariehamn, Åland. The opening hours of the Provincial Government are 8.00-16.15 from Monday to Friday.

The tender and all documentation must be written in Swedish or English and submitted in the original with two complete sets of copies.

The tender will be valid up to and including 30 January 2009.

Tenders sent by fax or e-mail will not be accepted.

14.   Validity of invitations to tender

In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of the tender procedure is subject to the condition that no air carrier has commenced or is about to commence scheduled air services on the route in question.

Air carriers intending to operate the route in question as of 2 March 2009 in accordance with the public service obligation without enjoying exclusive rights, without receiving financial compensation and with a guarantee that the route will operate for at least six months must apply to the Finnish Civil Aviation Authority by no later than 2 February 2009. The Åland Provincial Government will be responsible for examining the application.

If such an application is made and the Provincial Government considers that the air carrier's approach meets the requirements of the public service obligation, this tender procedure will not apply.

If this is not the case, the Provincial Government will limit access to the route to only one air carrier.

The contract award is subject to the necessary funds being granted by the Åland Parliament.

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