# Official Journal C 95/22 A

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 95 |
| | |
| English edition | Information and Notices | Volume 4922 April 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 95

English edition

Information and Notices

Volume 4922 April 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 095/1 | Euro exchange rates | 1 |
| 2006/C 095/2 | Postponement of date of entry into force of amended public service obligations imposed in respect of scheduled air services on routes within Greece in accordance with Council Regulation (EEC) No 2408/92 (
  1
  ) | 2 |
| 2006/C 095/3 | Order revising the maximum fares on air routes subject to public service obligations between the Balearic Islands (
  1
  ) | 3 |
| 2006/C 095/4 | Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Amendment of public service obligations imposed on certain scheduled air services within Portugal (
  1
  ) | 4 |
| 2006/C 095/5 | Prior notification of a concentration (Case COMP/M.4202 — Charterhouse/Elior) (
  1
  ) | 6 |
| 2006/C 095/6 | Prior notification of a concentration (Case COMP/M.4164 — Ferrovial/Quebec/GIC/BAA) (
  1
  ) | 7 |
| 2006/C 095/7 | Prior notification of a concentration (Case COMP/M.4198 — Bayer/Schering) (
  1
  ) | 8 |

Notice No

Contents

page

I   Information

Commission

2006/C 095/1

Euro exchange rates

1

2006/C 095/2

Postponement of date of entry into force of amended public service obligations imposed in respect of scheduled air services on routes within Greece in accordance with Council Regulation (EEC) No 2408/92 (
  1
  )

1

2

2006/C 095/3

Order revising the maximum fares on air routes subject to public service obligations between the Balearic Islands (
  1
  )

1

3

2006/C 095/4

Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Amendment of public service obligations imposed on certain scheduled air services within Portugal (
  1
  )

1

4

2006/C 095/5

Prior notification of a concentration (Case COMP/M.4202 — Charterhouse/Elior) (
  1
  )

1

6

2006/C 095/6

Prior notification of a concentration (Case COMP/M.4164 — Ferrovial/Quebec/GIC/BAA) (
  1
  )

1

7

2006/C 095/7

Prior notification of a concentration (Case COMP/M.4198 — Bayer/Schering) (
  1
  )

1

8

| | III   Notices |
| --- | --- |
| | Commission |
| 2006/C 095/8 | I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Alghero and Bologna and vice versa | 9 |
| 2006/C 095/9 | I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Alghero and Turin and vice versa | 12 |
| 2006/C 095/0 | I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Bologna and vice versa | 14 |
| 2006/C 095/1 | I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Florence and vice versa | 16 |
| 2006/C 095/2 | I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Naples and vice versa | 18 |
| 2006/C 095/3 | I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Palermo and vice versa | 20 |
| 2006/C 095/4 | I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Turin and vice versa | 22 |
| 2006/C 095/5 | I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Verona and vice versa | 24 |
| 2006/C 095/6 | I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Olbia and Bologna and vice versa | 26 |
| 2006/C 095/7 | FI-Mariehamn: operation of scheduled air services — Invitation to tender issued by the Government of Åland pursuant to Article 4(l)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Mariehamn in Åland and Stockholm/Arlanda in Sweden (
  1
  ) | 28 |
| 2006/C 095/8 | I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Olbia and Verona and vice versa | 30 |

III   Notices

Commission

2006/C 095/8

I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Alghero and Bologna and vice versa

9

2006/C 095/9

I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Alghero and Turin and vice versa

12

2006/C 095/0

I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Bologna and vice versa

14

2006/C 095/1

I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Florence and vice versa

16

2006/C 095/2

I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Naples and vice versa

18

2006/C 095/3

I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Palermo and vice versa

20

2006/C 095/4

I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Turin and vice versa

22

2006/C 095/5

I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Verona and vice versa

24

2006/C 095/6

I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Olbia and Bologna and vice versa

26

2006/C 095/7

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

1

28

2006/C 095/8

I-Rome: operation of scheduled air services — Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Olbia and Verona and vice versa

30

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

---

I Information

Commission

| 22.4.2006 | EN | Official Journal of the European Union | C 95/1 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/1

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Euro exchange rates (1)

21 April 2006

(2006/C 95/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2315 |
| JPY | Japanese yen | 144,36 |
| DKK | Danish krone | 7,4615 |
| GBP | Pound sterling | 0,69245 |
| SEK | Swedish krona | 9,3080 |
| CHF | Swiss franc | 1,5755 |
| ISK | Iceland króna | 95,83 |
| NOK | Norwegian krone | 7,8430 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5761 |
| CZK | Czech koruna | 28,443 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 265,57 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6961 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,8843 |
| RON | Romanian leu | 3,4609 |
| SIT | Slovenian tolar | 239,60 |
| SKK | Slovak koruna | 37,170 |
| TRY | Turkish lira | 1,6340 |
| AUD | Australian dollar | 1,6623 |
| CAD | Canadian dollar | 1,4008 |
| HKD | Hong Kong dollar | 9,5502 |
| NZD | New Zealand dollar | 1,9497 |
| SGD | Singapore dollar | 1,9681 |
| KRW | South Korean won | 1 168,08 |
| ZAR | South African rand | 7,4321 |
| CNY | Chinese yuan renminbi | 9,8779 |
| HRK | Croatian kuna | 7,2950 |
| IDR | Indonesian rupiah | 10 941,88 |
| MYR | Malaysian ringgit | 4,506 |
| PHP | Philippine peso | 63,656 |
| RUB | Russian rouble | 33,8650 |
| THB | Thai baht | 46,600 |

Currency

Exchange rate

USD

US dollar

1,2315

JPY

Japanese yen

144,36

DKK

Danish krone

7,4615

GBP

Pound sterling

0,69245

SEK

Swedish krona

9,3080

CHF

Swiss franc

1,5755

ISK

Iceland króna

95,83

NOK

Norwegian krone

7,8430

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5761

CZK

Czech koruna

28,443

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

265,57

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6961

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,8843

RON

Romanian leu

3,4609

SIT

Slovenian tolar

239,60

SKK

Slovak koruna

37,170

TRY

Turkish lira

1,6340

AUD

Australian dollar

1,6623

CAD

Canadian dollar

1,4008

HKD

Hong Kong dollar

9,5502

NZD

New Zealand dollar

1,9497

SGD

Singapore dollar

1,9681

KRW

South Korean won

1 168,08

ZAR

South African rand

7,4321

CNY

Chinese yuan renminbi

9,8779

HRK

Croatian kuna

7,2950

IDR

Indonesian rupiah

10 941,88

MYR

Malaysian ringgit

4,506

PHP

Philippine peso

63,656

RUB

Russian rouble

33,8650

THB

Thai baht

46,600

---

(1)

Source: reference exchange rate published by the ECB.

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| 22.4.2006 | EN | Official Journal of the European Union | C 95/2 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/2

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Postponement of date of entry into force of amended public service obligations imposed in respect of scheduled air services on routes within Greece in accordance with Council Regulation (EEC) No 2408/92

(2006/C 95/02)

(Text with EEA relevance)

The Greek Government has decided to postpone the date of entry into force of the amended public service obligations imposed in respect of scheduled air services on routes within Greece in accordance with 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.

The date of entry into force of the public service obligations published in the
  Official Journal of the European Union C 46 of 24 February 2006 shall be 1 July 2006.

If, by 1 June 2006, no air carrier has declared to the Civil Aviation Authority an intention to operate scheduled services from 1 July 2006 on one or more of the routes concerned without financial compensation, Greece has decided, under the procedure set out in Article 4(1)(d) of Regulation (EEC) No 2408/92, to limit access to each or several of the abovementioned routes to one carrier for three years and to grant the right to operate those services from 1 July 2006 following an invitation to tender (as published in the
  Official Journal of the European Union C 47 of 25 February 2006).

---

| 22.4.2006 | EN | Official Journal of the European Union | C 95/3 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/3

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Order revising the maximum fares on air routes subject to public service obligations between the Balearic Islands

(2006/C 95/03)

(Text with EEA relevance)

Cost increases due to the upward trend in the consumer price index, aviation taxes and fares, and fuel prices have prompted the airlines to request an increase in the maximum fares stipulated in the Agreement of the Council of Ministers of 21 November 2003 imposing public service obligations on routes between the Balearic Islands.

The Annex to that Agreement provides that, if the airlines' costs are adversely affected by the rise in the consumer price index, by authorised increases in aviation taxes and fares or by an increase in other cost components such as fuel which is abnormal, unforeseeable and not attributable to the carriers, the Minister for Internal Development may, at the request of the airlines which operate on the routes listed in the Annex, adjust the maximum fares set for each route.

In the light of the above, and in accordance with the Agreement, it is hereby decided that:

The maximum fare for a single ticket on the routes in question set in paragraph 2 of Title III (Special Conditions) of the Annex to the Agreement of the Council of Ministers of 21 November 2003 shall be adjusted as follows:

| a) | Majorca-Ibiza: EUR 82 |
| --- | --- |

a)

Majorca-Ibiza: EUR 82

| b) | Majorca-Minorca: EUR 82 |
| --- | --- |

b)

Majorca-Minorca: EUR 82

| c) | Minorca-Ibiza: EUR 113 |
| --- | --- |

c)

Minorca-Ibiza: EUR 113

---

| 22.4.2006 | EN | Official Journal of the European Union | C 95/4 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/4

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Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92

Amendment of public service obligations imposed on certain scheduled air services within Portugal

(2006/C 95/04)

(Text with EEA relevance)

| 1. | In accordance with Commission notice No 2005/C 304/06 published in the Official Journal on 1 December 2005, the Portuguese Government has revised the fares and freight tariffs for scheduled air services on which public service obligations have been imposed operated on the following routes:






  — | Lisbon/Ponta Delgada/Lisbon |
| --- | --- | --- |

1.

In accordance with Commission notice No 2005/C 304/06 published in the Official Journal on 1 December 2005, the Portuguese Government has revised the fares and freight tariffs for scheduled air services on which public service obligations have been imposed operated on the following routes:

—

Lisbon/Ponta Delgada/Lisbon

| — | Lisbon/Terceira/Lisbon |
| --- | --- |

—

Lisbon/Terceira/Lisbon

| — | Lisbon/Horta/Lisbon |
| --- | --- |

—

Lisbon/Horta/Lisbon

| — | Funchal/Ponta Delgada/Funchal |
| --- | --- |

—

Funchal/Ponta Delgada/Funchal

| — | Porto/Ponta Delgada/Porto |
| --- | --- |

—

Porto/Ponta Delgada/Porto

| — | Lisbon/Santa Maria/Lisbon |
| --- | --- |

—

Lisbon/Santa Maria/Lisbon

| — | Lisbon/Pico/Lisbon |
| --- | --- |

—

Lisbon/Pico/Lisbon

2.   Fares

| 1. | The fare structure must include:






  a) | A fully flexible economy fare, a range of fares with levels and conditions tailored to different demand segments (tourist, business, general cargo, specific products, etc.). |
| --- | --- | --- |

1.

The fare structure must include:

a)

A fully flexible economy fare, a range of fares with levels and conditions tailored to different demand segments (tourist, business, general cargo, specific products, etc.).

| b) | A return PEX fare of EUR 227 on flights between the Azores and mainland Portugal, and a return PEX fare of EUR 167 on flights between the Azores and Funchal. |
| --- | --- |

b)

A return PEX fare of EUR 227 on flights between the Azores and mainland Portugal, and a return PEX fare of EUR 167 on flights between the Azores and Funchal.

| c) | Persons who have been resident for at least six months in the Autonomous Region of the Azores on islands with a direct service to mainland Portugal or to Funchal and residents of the Autonomous Region of Madeira will be entitled to a reduction of 33 % off the fully flexible economy class public fare. |
| --- | --- |

c)

Persons who have been resident for at least six months in the Autonomous Region of the Azores on islands with a direct service to mainland Portugal or to Funchal and residents of the Autonomous Region of Madeira will be entitled to a reduction of 33 % off the fully flexible economy class public fare.

| d) | Students aged 26 or under whose home or educational establishment is located in the Autonomous Region of the Azores and who, respectively, attend educational establishments or live elsewhere on national territory will be entitled to a reduction of 40 % off the fully flexible economy class public fare. |
| --- | --- |

d)

Students aged 26 or under whose home or educational establishment is located in the Autonomous Region of the Azores and who, respectively, attend educational establishments or live elsewhere on national territory will be entitled to a reduction of 40 % off the fully flexible economy class public fare.

| e) | On days when there is no direct service between Funchal/Ponta Delgada/Funchal, students aged 26 or under travelling to or from the Autonomous Region of the Azores may travel via Lisbon provided they use the same carrier on all sections of the journey. The flight schedule chosen must not allow a stopover in Lisbon. |
| --- | --- |

e)

On days when there is no direct service between Funchal/Ponta Delgada/Funchal, students aged 26 or under travelling to or from the Autonomous Region of the Azores may travel via Lisbon provided they use the same carrier on all sections of the journey. The flight schedule chosen must not allow a stopover in Lisbon.

Each carrier must have the same fare structure for all the routes specified in point 1, whether the place of departure or destination is Lisbon or Oporto, and apply it without discrimination; however, promotions may be offered from time to time for point-to-point flights.

The fares must be displayed to the public, both at the points of sale and at the check-in counters.

| 2. | Residents and students will pay the following net amounts, after deduction of the discounts specified in (c) and (d) above:






  a) | EUR 189: for residents of the Autonomous Region of the Azores, for round trips to mainland Portugal; |
| --- | --- | --- |

2.

Residents and students will pay the following net amounts, after deduction of the discounts specified in (c) and (d) above:

a)

EUR 189: for residents of the Autonomous Region of the Azores, for round trips to mainland Portugal;

| b) | EUR 165: for residents of the Autonomous Region of the Azores and the Autonomous Region of Madeira, for round trips between the Azores and Funchal; |
| --- | --- |

b)

EUR 165: for residents of the Autonomous Region of the Azores and the Autonomous Region of Madeira, for round trips between the Azores and Funchal;

| c) | EUR 147: for students, for round trips between the Azores and mainland Portugal; EUR 104: for students, for round trips between the Azores and Funchal.. |
| --- | --- |

c)

EUR 147: for students, for round trips between the Azores and mainland Portugal; EUR 104: for students, for round trips between the Azores and Funchal..

| 3. | The State will, under terms to be established by law, subsidise the journeys of residents and students, provided the criteria and fares specified in points 1 and 2 are applied. In 2006 the subsidy will be EUR 87 per round trip. |
| --- | --- |

3.

The State will, under terms to be established by law, subsidise the journeys of residents and students, provided the criteria and fares specified in points 1 and 2 are applied. In 2006 the subsidy will be EUR 87 per round trip.

| 4. | Freight tariffs on services between the mainland and the Autonomous Region of the Azores are as follows: | LIS, OPO/Azores | FNC/Azores |
| --- | --- | --- | --- |
| Minimum | EUR 8,67 | EUR 8,67 |
| Normal kg | EUR 1,04 | EUR 0,84 |
| Quantity kg | EUR 0,92 | EUR 0,64 |
| Perishables kg | EUR 0,65 | EUR 0,54 |
| Special Products kg | EUR 0,82 | EUR 0,60 |
| Special products/Quantity kg | EUR 0,75 | |

4.

Freight tariffs on services between the mainland and the Autonomous Region of the Azores are as follows:

LIS, OPO/Azores

FNC/Azores

Minimum

EUR 8,67

EUR 8,67

Normal kg

EUR 1,04

EUR 0,84

Quantity kg

EUR 0,92

EUR 0,64

Perishables kg

EUR 0,65

EUR 0,54

Special Products kg

EUR 0,82

EUR 0,60

Special products/Quantity kg

EUR 0,75

The other fares given in Commission notice 2005/C 304/06 of 1 December 2005 are unchanged.

| 5. | This notice will enter into force on 1 April 2006. |
| --- | --- |

5.

This notice will enter into force on 1 April 2006.

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| 22.4.2006 | EN | Official Journal of the European Union | C 95/6 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/6

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Prior notification of a concentration

(Case COMP/M.4202 — Charterhouse/Elior)

(2006/C 95/05)

(Text with EEA relevance)

| 1. | On 7 April 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Charterhouse Capital Limited (‘Charterhouse’, United Kingdom) and Holding Bercy Investissement SAS (‘HBI’, France) controlled by R. Zolade, a French citizen, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Elior SCA (‘Elior’, France) by way of public bid announced on 27 March 2006. |
| --- | --- |

1.

On 7 April 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Charterhouse Capital Limited (‘Charterhouse’, United Kingdom) and Holding Bercy Investissement SAS (‘HBI’, France) controlled by R. Zolade, a French citizen, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Elior SCA (‘Elior’, France) by way of public bid announced on 27 March 2006.

| 2. | The business activities of the undertakings concerned are:






  — | for undertaking Charterhouse: provider of equity funds and fund management services; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Charterhouse: provider of equity funds and fund management services;

| — | for undertaking HBI: holding company controlling Elior; |
| --- | --- |

—

for undertaking HBI: holding company controlling Elior;

| — | for undertaking Elior: active in catering, facility management, travel retail and vending services. |
| --- | --- |

—

for undertaking Elior: active in catering, facility management, travel retail and vending services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4202 — Charterhouse/Elior, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4202 — Charterhouse/Elior, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

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| 22.4.2006 | EN | Official Journal of the European Union | C 95/7 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/7

---

Prior notification of a concentration

(Case COMP/M.4164 — Ferrovial/Quebec/GIC/BAA)

(2006/C 95/06)

(Text with EEA relevance)

| 1. | On 11 April 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Ferrovial Infraestructuras S.A. (‘Ferrovial’, Spain), a wholly-owned subsidiary of Grupo Ferrovial S.A. (Spain), Caisse de dépôt et placement de Québec (‘Québec’, Canada) and GIC Special Investments Pte Ltd (‘GIC’, Singapore) belonging to the GIC Group, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the whole of the undertaking BAA plc (‘BAA’, UK), by way of public bid announced on 17 March 2006. |
| --- | --- |

1.

On 11 April 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Ferrovial Infraestructuras S.A. (‘Ferrovial’, Spain), a wholly-owned subsidiary of Grupo Ferrovial S.A. (Spain), Caisse de dépôt et placement de Québec (‘Québec’, Canada) and GIC Special Investments Pte Ltd (‘GIC’, Singapore) belonging to the GIC Group, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the whole of the undertaking BAA plc (‘BAA’, UK), by way of public bid announced on 17 March 2006.

| 2. | The business activities of the undertakings concerned are:






  — | Ferrovial: part of Grupo Ferrovial S.A., active in provision of airport management and infrastructure services, including Belfast City airport and Bristol airport in the UK; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Ferrovial: part of Grupo Ferrovial S.A., active in provision of airport management and infrastructure services, including Belfast City airport and Bristol airport in the UK;

| — | Québec: public and private pension and insurance funds; |
| --- | --- |

—

Québec: public and private pension and insurance funds;

| — | GIC: private equity, venture capital and infrastructure funds as well as direct investments in private companies; |
| --- | --- |

—

GIC: private equity, venture capital and infrastructure funds as well as direct investments in private companies;

| — | BAA: provision of airport management and infrastructure services, including the airports London Heathrow, London Gatwick, London Stansted, Southampton, Glasgow, Edinburgh and Aberdeen in the UK. |
| --- | --- |

—

BAA: provision of airport management and infrastructure services, including the airports London Heathrow, London Gatwick, London Stansted, Southampton, Glasgow, Edinburgh and Aberdeen in the UK.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4164 — Ferrovial/Quebec/GIC/BAA, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4164 — Ferrovial/Quebec/GIC/BAA, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

| 22.4.2006 | EN | Official Journal of the European Union | C 95/8 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/8

---

Prior notification of a concentration

(Case COMP/M.4198 — Bayer/Schering)

(2006/C 95/07)

(Text with EEA relevance)

| 1. | On 12 April 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bayer Aktiengesellschaft (‘Bayer’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the undertaking Schering Aktiengesellschaft (‘Schering’, Germany) by way of public bid announced on 23 March 2006 exercised by Dritte BV GmbH, a wholly owned subsidiary of Bayer. |
| --- | --- |

1.

On 12 April 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bayer Aktiengesellschaft (‘Bayer’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the undertaking Schering Aktiengesellschaft (‘Schering’, Germany) by way of public bid announced on 23 March 2006 exercised by Dritte BV GmbH, a wholly owned subsidiary of Bayer.

| 2. | The business activities of the undertakings concerned are:






  — | for undertaking Bayer: an international diversified group with activities in pharmaceuticals; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Bayer: an international diversified group with activities in pharmaceuticals;

| — | for undertaking Schering: a global research-based pharmaceutical company. |
| --- | --- |

—

for undertaking Schering: a global research-based pharmaceutical company.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4198 — Bayer/Schering, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4198 — Bayer/Schering, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

III Notices

Commission

| 22.4.2006 | EN | Official Journal of the European Union | C 95/9 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/9

---

I-Rome: operation of scheduled air services

Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Alghero and Bologna and vice versa

(2006/C 95/08)

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 Italian Government, acting in accordance with the decisions taken at the Interdepartmental Conference, has decided to impose public service obligations on scheduled air services between

Alghero and Bologna and vice versa.

The standards required by these public service obligations were published in the
  Official Journal of the European Union No C 93 of 21.4.2006).

If, within 30 days of publication of the above-mentioned obligations, no air carrier has agreed to commence scheduled air services on the above-mentioned route in accordance with the public service obligations imposed and without financial compensation, Italy may, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, limit access to that route to a single air carrier, on the basis of a specific invitation to tender for the provision of the air service in question in accordance with the provisions of Council Regulation (EEC) No 2408/92.

The right to operate the service on the route in question will be granted by means of public tender on the basis of the most economically advantageous bid taking into account the amount of financial compensation indicated in the tender dossier referred to in Section 5 of this invitation to tender.

2.   Subject of the invitation to tender: The operation of scheduled air services on the above-mentioned route in accordance with the public service obligations published in
  Official Journal of the European Union No C 93 of 21.4.2006, in accordance with the provisions of Regulation (EEC) No 2408/92.

3.   Participation: The invitation to tender 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 of 23.7.1992 which have the technical requisites specified in the public service obligations published in
  Official Journal of the European Union No C 93 of 21.4.2006.

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

5.   Tender dossier: The complete tender dossier contains the specific standards applicable to the invitation to tender and indicates the maximum amount that may be granted by way of the financial compensation to be taken into consideration as the basis for the tendering procedure, as well as other relevant information. It constitutes, in all respects, an integral part of this invitation to tender, and can be requested, free of charge, from one of the following addresses:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

Regione Sardegna, Assessorato Regionale dei Trasporti, via Caprera 15, I-09123 Cagliari.

6.   Service agreement: The service will be governed by an agreement based on a model which forms part of the tender dossier.

7.   Financial compensation: Tenders must explicitly indicate, with an annual breakdown, within the limit referred to in Section 5, the maximum amount of compensation requested for operating the service in question for two years from the scheduled starting date for the service, with the possibility of an extension for a further 12 months.

The exact amount of the compensation granted will be determined retrospectively each year on the basis of the costs actually incurred and the revenue actually generated by the service, on presentation of supporting documents and within the limit of the amount indicated in the tender, as specified in the tender dossier.

In no event may the carrier request, by way of financial compensation, an amount in excess of the upper limit specified in the agreement, given the nature of the payment which does not constitute a consideration but compensation for providing a service which is subject to public service obligations.

The annual payments will be made in the form of instalments and a final 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 Sections 10 and 11 below.

8.   Fares: Tenders must indicate the proposed fare structure in accordance with the public service obligations published in
  Official Journal of the European Union No C 93 of 21.4.2006.

9.   Duration of the agreement: The agreement will run for two years, with the possibility of an extension for a further 12 months, starting on the scheduled date on which the air services on the route in question are to commence operation in accordance with the public service obligations imposed.

The proper operation of the service and the carrier's cost accounting for the route in question will be the subject of an examination at least once a year at the request of the Administration, in cooperation with the carrier.

10.   Termination of agreement and notice: Either party may terminate the agreement before the end of its period of validity by giving six months' formal notice. If the carrier fails to comply with the public service obligations, it will be deemed to have terminated the agreement without notice if it does not resume the service in accordance with the public service obligations within 30 days of being served notice to comply fully with the obligations accepted.

11.   Non-fulfilment and penalties: Failure to operate the service for the following reasons shall not constitute non-fulfilment attributable to the carrier:

hazardous weather conditions,

closure of one of the airports,

public safety concerns,

industrial action,

security concerns, or

‘force majeure’.

In such cases, the amount of compensation will be reduced in proportion to the number of flights not carried out.

The carrier is responsible for ensuring that the obligations accepted under the agreement are strictly adhered to. In the event of partial or total non-fulfilment for reasons other than ‘force majeure’ or abnormal or unforeseeable events beyond the carrier's control, which the carrier could not reasonably avoid, in spite of all due diligence, the Italian authorities may withdraw the assignment of the route subject to formal notice being given to the carrier within 10 days of knowledge of the event.

After receiving formal notice, the carrier is allowed up to 7 days to justify itself.

The number of flights cancelled for reasons directly attributable to the carrier each year must not exceed 2 % of the number of flights scheduled, in other words 98 % of the flights scheduled must be carried out. The carrier must pay the regulatory body a penalty of EUR 2 500,00 for every flight cancelled in excess of this limit.

The carrier must guarantee that at least 85 % of flights are operated to within 20 minutes of the established timetable (on-time coefficient). For any delay in excess of 20 minutes, the carrier will give each passenger a credit of EUR 15,00 to be used in the purchase of a subsequent ticket.

The above-mentioned rules shall not apply to cancelled flights and flights delayed due to weather conditions, industrial action or events beyond the responsibility and/or control of the carrier.

Should the carrier fail, wholly or in part, to fulfil its contractual obligations, it may be obliged to provide compensation for the damages suffered by the island's population, the value of which shall be determined by the competent legal authority.

If the service is interrupted in any way, the amount of financial compensation shall be revised in proportion to the number of flights not carried out, without prejudice to any subsequent claim for compensation for damages.

Failure by the carrier to observe the period of notice referred to in Section 10 shall be subject to a penalty calculated on the basis of the number of days of default and the actual deficit for the route over the year in question. In no case shall the penalty be greater than the amount of financial compensation referred to in Section 7.

12.   Submission of tenders: Tenders, which in order to be valid must be drawn up in accordance with the provisions of the tender dossier, must reach the following address no later than 30 days after the date of publication of this invitation to tender in the Official Journal of the European Union in a closed and sealed envelope either by registered letter with acknowledgement of receipt or by hand-delivery against receipt:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, -00185 Rome.

13.   Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier agrees to operate the route in accordance with the public service obligations published in
  Official Journal of the European Union No C 93 of 21.4.2006 within 30 days of its publication and without compensation.

14.   Contract award: ENAC, the Italian National Civil Aviation Authority, will award the contract within 40 days of the time limit indicated above, appointing a committee for this purpose where necessary.

15.   Disputes: Any disputes between the parties arising from the application of the agreement or in any way relating to the performance of the service will be referred to the competent judicial authority after an attempt at conciliation to be carried out within 90 days of the dispute arising.

---

| 22.4.2006 | EN | Official Journal of the European Union | C 95/12 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/12

---

I-Rome: operation of scheduled air services

Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Alghero and Turin and vice versa

(2006/C 95/09)

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 Italian Government, acting in accordance with the decisions taken at the Interdepartmental Conference, has decided to impose public service obligations on scheduled air services between:

Alghero and Turin and vice versa.

The standards required by these public service obligations were published in the
  Official Journal of the European Union C 93 of 21.4.2006.

If, within 30 days of publication of the above-mentioned obligations, no air carrier has agreed to commence scheduled air services on the above-mentioned route in accordance with the public service obligations imposed and without financial compensation, Italy may, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, limit access to that route to a single air carrier, on the basis of a specific invitation to tender for the provision of the air service in question in accordance with the provisions of Council Regulation (EEC) No 2408/92.

The right to operate the service on the route in question will be granted by means of public tender on the basis of the most economically advantageous bid taking into account the amount of financial compensation indicated; in the tender dossier referred to in Section 5 of this invitation to tender.

2.   Subject of the invitation to tender: The operation of scheduled air services on the above-mentioned route in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006, in accordance with the provisions of Regulation (EEC) No 2408/92.

3.   Participation: The invitation to tender 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 of 23.7.1992 which have the technical requisites specified in the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006.

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

5.   Tender dossier: The complete tender dossier contains the specific standards applicable to the invitation to tender and indicates the maximum amount that may be granted by way of the financial compensation to be taken into consideration as the basis for the tendering procedure, as well as other relevant information. It constitutes, in all respects, an integral part of this invitation to tender, and can be requested, free of charge, from one of the following addresses:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

Regione Sardegna, Assessorato Regionale dei Trasporti, via Caprera 15, I-09123 Cagliari.

6.   Service agreement: The service will be governed by an agreement based on a model which forms part of the tender dossier.

7.   Financial compensation: Tenders must explicitly indicate, with an annual breakdown, within the limit referred to in Section 5, the maximum amount of compensation requested for operating the service in question for two years from the scheduled starting date for the service, with the possibility of an extension for a further 12 months.

The exact amount of the compensation granted will be determined retrospectively each year on the basis of the costs actually incurred and the revenue actually generated by the service, on presentation of supporting documents and within the limit of the amount indicated in the tender, as specified in the tender dossier.

In no event may the carrier request, by way of financial compensation, an amount in excess of the upper limit specified in the agreement, given the nature of the payment which does not constitute a consideration but compensation for providing a service which is subject to public service obligations.

The annual payments will be made in the form of instalments and a final 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 Sections 10 and 11 below.

8.   Fares: Tenders must indicate the proposed fare structure in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006.

9.   Duration of the agreement: The agreement will run for two years, with the possibility of an extension for a further 12 months, starting on the scheduled date on which the air services on the route in question are to commence operation in accordance with the public service obligations imposed.

The proper operation of the service and the carrier's cost accounting for the route in question will be the subject of an examination at least once a year at the request of the Administration, in cooperation with the carrier.

10.   Termination of agreement and notice: Either party may terminate the agreement before the end of its period of validity by giving six months' formal notice. If the carrier fails to comply with the public service obligations, it will be deemed to have terminated the agreement without notice if it does not resume the service in accordance with the public service obligations within 30 days of being served notice to comply fully with the obligations accepted.

11.   Non-fulfilment and penalties: Failure to operate the service for the following reasons shall not constitute non-fulfilment attributable to the carrier:

hazardous weather conditions,

closure of one of the airports,

public safety concerns,

industrial action,

security concerns, or

‘force majeure’.

In such cases, the amount of compensation will be reduced in proportion to the number of flights not carried out.

The carrier is responsible for ensuring that the obligations accepted under the agreement are strictly adhered to. In the event of partial or total non-fulfilment for reasons other than ‘force majeure’ or abnormal or unforeseeable events beyond the carrier's control, which the carrier could not reasonably avoid, in spite of all due diligence, the Italian authorities may withdraw the assignment of the route subject to formal notice being given to the carrier within 10 days of knowledge of the event.

After receiving formal notice, the carrier is allowed up to 7 days to justify itself.

The number of flights cancelled for reasons directly attributable to the carrier each year must not exceed 2 % of the number of flights scheduled, in other words 98 % of the flights scheduled must be carried out. The carrier must pay the regulatory body a penalty of EUR 2 500,00 for every flight cancelled in excess of this limit.

The carrier must guarantee that at least 85 % of flights are operated to within 20 minutes of the established timetable (on-time coefficient). For any delay in excess of 20 minutes, the carrier will give each passenger a credit of EUR 15,00 to be used in the purchase of a subsequent ticket.

The above-mentioned rules shall not apply to cancelled flights and flights delayed due to weather conditions, industrial action or events beyond the responsibility and/or control of the carrier.

Should the carrier fail, wholly or in part, to fulfil its contractual obligations, it may be obliged to provide compensation for the damages suffered by the island's population, the value of which shall be determined by the competent legal authority.

If the service is interrupted in any way, the amount of financial compensation shall be revised in proportion to the number of flights not carried out, without prejudice to any subsequent claim for compensation for damages.

Failure by the carrier to observe the period of notice referred to in Section 10 shall be subject to a penalty calculated on the basis of the number of days of default and the actual deficit for the route over the year in question. In no case shall the penalty be greater than the amount of financial compensation referred to in Section 7.

12.   Submission of tenders: Tenders, which in order to be valid must be drawn up in accordance with the provisions of the tender dossier, must reach the following address no later than 30 days after the date of publication of this invitation to tender in the Official Journal of the European Union in a closed and sealed envelope either by registered letter with acknowledgement of receipt or by hand-delivery against receipt:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

13.   Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier agrees to operate the route in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006 within 30 days of its publication and without compensation.

14.   Contract award: ENAC, the Italian National Civil Aviation Authority, will award the contract within 40 days of the time limit indicated above, appointing a committee for this purpose where necessary.

15.   Disputes: Any disputes between the parties arising from the application of the agreement or in any way relating to the performance of the service will be referred to the competent judicial authority after an attempt at conciliation to be carried out within 90 days of the dispute arising.

---

| 22.4.2006 | EN | Official Journal of the European Union | C 95/14 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/14

---

I-Rome: operation of scheduled air services

Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Bologna and vice versa

(2006/C 95/10)

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 Italian Government, acting in accordance with the decisions taken at the Interdepartmental Conference, has decided to impose public service obligations on scheduled air services between:

Cagliari and Bologna and vice versa.

The standards required by these public service obligations were published in the
  Official Journal of the European Union C 93 of 21.4.2006.

If, within 30 days of publication of the above-mentioned obligations, no air carrier has agreed to commence scheduled air services on the above-mentioned route in accordance with the public service obligations imposed and without financial compensation, Italy may, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, limit access to that route to a single air carrier, on the basis of a specific invitation to tender for the provision of the air service in question in accordance with the provisions of Council Regulation (EEC) No 2408/92.

The right to operate the service on the route in question will be granted by means of public tender on the basis of the most economically advantageous bid taking into account the amount of financial compensation indicated in the tender dossier referred to in Section 5 of this invitation to tender.

2.   Subject of the invitation to tender: The operation of scheduled air services on the above-mentioned route in accordance with the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006, in accordance with the provisions of Regulation (EEC) No 2408/92.

3.   Participation: The invitation to tender 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 of 23.7.1992 which have the technical requisites specified in the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006.

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

5.   Tender dossier: The complete tender dossier contains the specific standards applicable to the invitation to tender and indicates the maximum amount that may be granted by way of the financial compensation to be taken into consideration as the basis for the tendering procedure, as well as other relevant information. It constitutes, in all respects, an integral part of this invitation to tender, and can be requested, free of charge, from one of the following addresses:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

Regione Sardegna, Assessorato Regionale dei Trasporti, via Caprera 15, I-09123 Cagliari.

6.   Service agreement: The service will be governed by an agreement based on a model which forms part of the tender dossier.

7.   Financial compensation: Tenders must explicitly indicate, with an annual breakdown, within the limit referred to in Section 5, the maximum amount of compensation requested for operating the service in question for two years from the scheduled starting date for the service, with the possibility of an extension for a further 12 months.

The exact amount of the compensation granted will be determined retrospectively each year on the basis of the costs actually incurred and the revenue actually generated by the service, on presentation of supporting documents and within the limit of the amount indicated in the tender, as specified in the tender dossier.

In no event may the carrier request, by way of financial compensation, an amount in excess of the upper limit specified in the agreement, given the nature of the payment which does not constitute a consideration but compensation for providing a service which is subject to public service obligations.

The annual payments will be made in the form of instalments and a final 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 Sections 10 and 11 below.

8.   Fares: Tenders must indicate the proposed fare structure in accordance with the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006.

9.   Duration of the agreement: The agreement will run for two years, with the possibility of an extension for a further 12 months, starting on the scheduled date on which the air services on the route in question are to commence operation in accordance with the public service obligations imposed.

The proper operation of the service and the carrier's cost accounting for the route in question will be the subject of an examination at least once a year at the request of the Administration, in cooperation with the carrier.

10.   Termination of agreement and notice: Either party may terminate the agreement before the end of its period of validity by giving six months' formal notice. If the carrier fails to comply with the public service obligations, it will be deemed to have terminated the agreement without notice if it does not resume the service in accordance with the public service obligations within 30 days of being served notice to comply fully with the obligations accepted.

11.   Non-fulfilment and penalties: Failure to operate the service for the following reasons shall not constitute non-fulfilment attributable to the carrier:

hazardous weather conditions,

closure of one of the airports,

public safety concerns,

industrial action,

security concerns, or

‘force majeure’.

In such cases, the amount of compensation will be reduced in proportion to the number of flights not carried out.

The carrier is responsible for ensuring that the obligations accepted under the agreement are strictly adhered to. In the event of partial or total non-fulfilment for reasons other than ‘force majeure’ or abnormal or unforeseeable events beyond the carrier's control, which the carrier could not reasonably avoid, in spite of all due diligence, the Italian authorities may withdraw the assignment of the route subject to formal notice being given to the carrier within 10 days of knowledge of the event.

After receiving formal notice, the carrier is allowed up to 7 days to justify itself.

The number of flights cancelled for reasons directly attributable to the carrier each year must not exceed 2 % of the number of flights scheduled, in other words 98 % of the flights scheduled must be carried out. The carrier must pay the regulatory body a penalty of EUR 2 500,00 for every flight cancelled in excess this limit.

The carrier must guarantee that at least 85 % of flights are operated to within 20 minutes of the established timetable (on-time coefficient). For any delay in excess of 20 minutes, the carrier will give each passenger a credit of EUR 15,00 to be used in the purchase of a subsequent ticket.

The above-mentioned rules shall not apply to cancelled flights and flights delayed due to weather conditions, industrial action or events beyond the responsibility and/or control of the carrier.

Should the carrier fail, wholly or in part, to fulfil its contractual obligations, it may be obliged to provide compensation for the damages suffered by the island's population, the value of which shall be determined by the competent legal authority.

If the service is interrupted in any way, the amount of financial compensation shall be revised in proportion to the number of flights not carried out, without prejudice to any subsequent claim for compensation for damages.

Failure by the carrier to observe the period of notice referred to in Section 10 shall be subject to a penalty calculated on the basis of the number of days of default and the actual deficit for the route over the year in question. In no case shall the penalty be greater than the amount of financial compensation referred to in Section 7.

12.   Submission of tenders: Tenders, which in order to be valid must be drawn up in accordance with the provisions of the tender dossier, must reach the following address no later than 30 days after the date of publication of this invitation to tender in the Official Journal of the European Union in a closed and sealed envelope either by registered letter with acknowledgement of receipt or by hand-delivery against receipt:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

13.   Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier agrees to operate the route in accordance with the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006 within 30 days of its publication and without compensation.

14.   Contract award: ENAC, the Italian National Civil Aviation Authority, will award the contract within 40 days of the time limit indicated above, appointing a committee for this purpose where necessary.

15.   Disputes: Any disputes between the parties arising from the application of the agreement or in any way relating to the performance of the service will be referred to the competent judicial authority after an attempt at conciliation to be carried out within 90 days of the dispute arising.

---

| 22.4.2006 | EN | Official Journal of the European Union | C 95/16 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/16

---

I-Rome: operation of scheduled air services

Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Florence and vice versa

(2006/C 95/11)

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 Italian Government, acting in accordance with the decisions taken at the Interdepartmental Conference, has decided to impose public service obligations on scheduled air services between:

Cagliari and Florence and vice versa.

The standards required by these public service obligations were published in the
  Official Journal of the European Union C 93 of 21.4.2006.

If, within 30 days of publication of the above-mentioned obligations, no air carrier has agreed to commence scheduled air services on the above-mentioned route in accordance with the public service obligations imposed and without financial compensation, Italy may, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, limit access to that route to a single air carrier, on the basis of a specific invitation to tender for the provision of the air service in question in accordance with the provisions of Council Regulation (EEC) No 2408/92.

The right to operate the service on the route in question will be granted by means of public tender on the basis of the most economically advantageous bid taking into account the amount of financial compensation indicated in the tender dossier referred to in Section 5 of this invitation to tender.

2.   Subject of the invitation to tender: The operation of scheduled air services on the above-mentioned route in accordance with the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006, in accordance with the provisions of Regulation (EEC) No 2408/92.

3.   Participation: The invitation to tender 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 of 23.7.1992 which have the technical requisites specified in the public service obligations published in the Official Journal of the European Union No C 93 of 21.4.2006.

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

5.   Tender dossier: The complete tender dossier contains the specific standards applicable to the invitation to tender and indicates the maximum amount that may be granted by way of the financial compensation to be taken into consideration as the basis for the tendering procedure, as well as other relevant information. It constitutes, in all respects, an integral part of this invitation to tender, and can be requested, free of charge, from one of the following addresses:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

Regione Sardegna, Assessorato Regionale dei Trasporti, via Caprera 15, I-09123 Cagliari.

6.   Service agreement: The service will be governed by an agreement based on a model which forms part of the tender dossier.

7.   Financial compensation: Tenders must explicitly indicate, with an annual breakdown, within the limit referred to in Section 5, the maximum amount of compensation requested for operating the service in question for two years from the scheduled starting date for the service, with the possibility of an extension for a further 12 months.

The exact amount of the compensation granted will be determined retrospectively each year on the basis of the costs actually incurred and the revenue actually generated by the service, on presentation of supporting documents and within the limit of the amount indicated in the tender, as specified in the tender dossier.

In no event may the carrier request, by way of financial compensation, an amount in excess of the upper limit specified in the agreement, given the nature of the payment which does not constitute a consideration but compensation for providing a service which is subject to public service obligations.

The annual payments will be made in the form of instalments and a final 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 Sections 10 and 11 below.

8.   Fares: Tenders must indicate the proposed fare structure in accordance with the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006.

9.   Duration of the agreement: The agreement will run for two years, with the possibility of an extension for a further 12 months, starting on the scheduled date on which the air services on the route in question are to commence operation in accordance with the public service obligations imposed.

The proper operation of the service and the carrier's cost accounting for the route in question will be the subject of an examination at least once a year at the request of the Administration, in cooperation with the carrier.

10.   Termination of agreement and notice: Either party may terminate the agreement before the end of its period of validity by giving six months' formal notice. If the carrier fails to comply with the public service obligations, it will be deemed to have terminated the agreement without notice if it does not resume the service in accordance with the public service obligations within 30 days of being served notice to comply fully with the obligations accepted.

11.   Non-fulfilment and penalties: Failure to operate the service for the following reasons shall not constitute non-fulfilment attributable to the carrier:

hazardous weather conditions,

closure of one of the airports,

public safety concerns,

industrial action,

security concerns, or

‘force majeure’.

In such cases, the amount of compensation will be reduced in proportion to the number of flights not carried out.

The carrier is responsible for ensuring that the obligations accepted under the agreement are strictly adhered to. In the event of partial or total non-fulfilment for reasons other than ‘force majeure’ or abnormal or unforeseeable events beyond the carrier's control, which the carrier could not reasonably avoid, in spite of all due diligence, the Italian authorities may withdraw the assignment of the route subject to formal notice being given to the carrier within 10 days of knowledge of the event.

After receiving formal notice, the carrier is allowed up to 7 days to justify itself.

The number of flights cancelled for reasons directly attributable to the carrier each year must not exceed 2 % of the number of flights scheduled, in other words 98 % of the flights scheduled must be carried out. The carrier must pay the regulatory body a penalty of EUR 2 500,00 for every flight cancelled in excess of this limit.

The carrier must guarantee that at least 85 % of flights are operated to within 20 minutes of the established timetable (on-time coefficient). For any delay in excess of 20 minutes, the carrier will give each passenger a credit of EUR 15,00 to be used in the purchase of a subsequent ticket.

The above-mentioned rules shall not apply to cancelled flights and flights delayed due to weather conditions, industrial action or events beyond the responsibility and/or control of the carrier.

Should the carrier fail, wholly or in part, to fulfil its contractual obligations, it may be obliged to provide compensation for the damages suffered by the island's population, the value of which shall be determined by the competent legal authority.

If the service is interrupted in any way, the amount of financial compensation shall be revised in proportion to the number of flights not carried out, without prejudice to any subsequent claim for compensation for damages.

Failure by the carrier to observe the period of notice referred to in Section 10 shall be subject to a penalty calculated on the basis of the number of days of default and the actual deficit for the route over the year in question. In no case shall the penalty be greater than the amount of financial compensation referred to in Section 7.

12.   Submission of tenders: Tenders, which in order to be valid must be drawn up in accordance with the provisions of the tender dossier, must reach the following address no later than 30 days after the date of publication of this invitation to tender in the Official Journal of the European Union in a closed and sealed envelope either by registered letter with acknowledgement of receipt or by hand-delivery against receipt:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

13.   Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier agrees to operate the route in accordance with the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006 within 30 days of its publication and without compensation.

14.   Contract award: ENAC, the Italian National Civil Aviation Authority, will award the contract within 40 days of the time limit indicated above, appointing a committee for this purpose where necessary.

15.   Disputes: Any disputes between the parties arising from the application of the agreement or in any way relating to the performance of the service will be referred to the competent judicial authority after an attempt at conciliation to be carried out within 90 days of the dispute arising.

---

| 22.4.2006 | EN | Official Journal of the European Union | C 95/18 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/18

---

I-Rome: operation of scheduled air services

Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Naples and vice versa

(2006/C 95/12)

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 Italian Government, acting in accordance with the decisions taken at the Interdepartmental Conference, has decided to impose public service obligations on scheduled air services between:

Cagliari and Naples and vice versa.

The standards required by these public service obligations were published in the
  Official Journal of the European Union C 93 of 21.4.2006.

If, within 30 days of publication of the above-mentioned obligations, no air carrier has agreed to commence scheduled air services on the above-mentioned route in accordance with the public service obligations imposed and without financial compensation, Italy may, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, limit access to that route to a single air carrier, on the basis of a specific invitation to tender for the provision of the air service in question in accordance with the provisions of Council Regulation (EEC) No 2408/92.

The right to operate the service on the route in question will be granted by means of public tender on the basis of the most economically advantageous bid taking into account the amount of financial compensation indicated in the tender dossier referred to in Section 5 of this invitation to tender.

2.   Subject of invitation to tender: The operation of scheduled air services on the above-mentioned route in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006, in accordance with the provisions of Council Regulation (EEC) No 2408/92.

3.   Participation: The invitation to tender 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 of 23.7.1992 which have the technical requisites specified in the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006.

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

5.   Tender dossier: The complete tender dossier contains the specific standards applicable to the invitation to tender and indicates the maximum amount that may be granted by way of the financial compensation to be taken into consideration as the basis for the tendering procedure, as well as other relevant information. It constitutes, in all respects, an integral part of this invitation to tender, and can be requested, free of charge, from one of the following addresses:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

Regione Sardegna, Assessorato Regionale dei Trasporti, via Caprera 15, I-09123 Cagliari.

6.   Service agreement: The service will be governed by an agreement based on a model which forms part of the tender dossier.

7.   Financial compensation: Tenders must explicitly indicate, with an annual breakdown, within the limit referred to in Section 5, the maximum amount of compensation requested for operating the service in question for two years from the scheduled starting date for the service, with the possibility of an extension for a further 12 months.

The exact amount of the compensation granted will be determined retrospectively each year on the basis of the costs actually incurred and the revenue actually generated by the service, on presentation of supporting documents and within the limit of the amount indicated in the tender, as specified in the tender dossier.

In no event may the carrier request, by way of financial compensation, an amount in excess of the upper limit specified in the agreement, given the nature of the payment which does not constitute a consideration but compensation for providing a service which is subject to public service obligations.

The annual payments will be made in the form of instalments and a final 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 Sections 10 and 11 below.

8.   Fares: Tenders must indicate the proposed fare structure in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006.

9.   Duration of the agreement: The agreement will run for two years, with the possibility of an extension for a further 12 months, starting on the scheduled date on which the air services on the route in question are to commence operation in accordance with the public service obligations imposed.

The proper operation of the service and the carrier's cost accounting for the route in question will be the subject of an examination at least once a year at the request of the Administration, in cooperation with the carrier.

10.   Termination of agreement and notice: Either party may terminate the agreement before the end of its period of validity by giving six months' formal notice. If the carrier fails to comply with the public service obligations, it will be deemed to have terminated the agreement without notice if it does not resume the service in accordance with the public service obligations within 30 days of being served notice to comply fully with the obligations accepted.

11.   Non-fulfilment and penalties: Failure to operate the service for the following reasons shall not constitute non-fulfilment attributable to the carrier:

hazardous weather conditions,

closure of one of the airports,

public safety concerns,

industrial action,

security concerns, or

‘force majeure’.

In such cases, the amount of compensation will be reduced in proportion to the number of flights not carried out.

The carrier is responsible for ensuring that the obligations accepted under the agreement are strictly adhered to. In the event of partial or total non-fulfilment for reasons other than ‘force majeure’ or abnormal or unforeseeable events beyond the carrier's control, which the carrier could not reasonably avoid, in spite of all due diligence, the Italian authorities may withdraw the assignment of the route subject to formal notice being given to the carrier within 10 days of knowledge of the event.

After receiving formal notice, the carrier is allowed up to 7 days to justify itself.

The number of flights cancelled for reasons directly attributable to the carrier each year must not exceed 2% of the number of flights scheduled, in other words 98% of the flights scheduled must be carried out. The carrier must pay the regulatory body a penalty of EUR 2 500,00 for every flight cancelled in excess of this limit.

The carrier must guarantee that at least 85% of flights are operated to within 20 minutes of the established timetable (on-time coefficient). For any delay in excess of 20 minutes, the carrier will give each passenger a credit of EUR 15,00 to be used in the purchase of a subsequent ticket.

The above-mentioned rules shall not apply to cancelled flights and flights delayed due to weather conditions, industrial action or events beyond the responsibility and/or control of the carrier.

Should the carrier fail, wholly or in part, to fulfil its contractual obligations, it may be obliged to provide compensation for the damages suffered by the island's population, the value of which shall be determined by the competent legal authority.

If the service is interrupted in any way, the amount of financial compensation shall be revised in proportion to the number of flights not carried out, without prejudice to any subsequent claim for compensation for damages.

Failure by the carrier to observe the period of notice referred to in Section 10 shall be subject to a penalty calculated on the basis of the number of days of default and the actual deficit for the route over the year in question. In no case shall the penalty be greater than the amount of financial compensation referred to in Section 7.

12.   Submission of tenders: Tenders, which in order to be valid must be drawn up in accordance with the provisions of the tender dossier, must reach the following address no later than 30 days after the date of publication of this invitation to tender in the Official Journal of the European Union in a closed and sealed envelope either by registered letter with acknowledgement of receipt or by hand-delivery against receipt:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

13.   Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier agrees to operate the route in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006 within 30 days of its publication and without compensation.

14.   Contract award: ENAC, the Italian National Civil Aviation Authority, will award the contract within 40 days of the time limit indicated above, appointing a committee for this purpose where necessary.

15.   Disputes: Any disputes between the parties arising from the application of the agreement or in any way relating to the performance of the service will be referred to the competent judicial authority after an attempt at conciliation to be carried out within 90 days of the dispute arising.

---

| 22.4.2006 | EN | Official Journal of the European Union | C 95/20 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/20

---

I-Rome: operation of scheduled air services

Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Palermo and vice versa

(2006/C 95/13)

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 Italian Government, acting in accordance with the decisions taken at the Interdepartmental Conference, has decided to impose public service obligations on scheduled air services between:

Cagliari and Palermo and vice versa.

The standards required by these public service obligations were published in the
  Official Journal of the European Union C 93 of 21.4.2006.

If, within 30 days of publication of the above-mentioned obligations, no air carrier has agreed to commence scheduled air services on the above-mentioned route in accordance with the public service obligations imposed and without financial compensation, Italy may, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, limit access to that route to a single air carrier, on the basis of a specific invitation to tender for the provision of the air service in question in accordance with the provisions of Council Regulation (EEC) No 2408/92.

The right to operate the service on the route in question will be granted by means of public tender on the basis of the most economically advantageous bid taking into account the amount of financial compensation indicated in the tender dossier referred to in Section 5 of this invitation to tender.

2.   Subject of invitation to tender: The operation of scheduled air services on the above-mentioned route in accordance with the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006, in accordance with the provisions of Regulation (EEC) No 2408/92.

3.   Participation: The invitation to tender 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 of 23.7.1992 which have the technical requisites specified in the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006.

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

5.   Tender dossier: The complete tender dossier contains the specific standards applicable to the invitation to tender and indicates the maximum amount that may be granted by way of the financial compensation to be taken into consideration as the basis for the tendering procedure, as well as other relevant information. It constitutes, in all respects, an integral part of this invitation to tender, and can be requested, free of charge, from one of the following addresses:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

Regione Sardegna, Assessorato Regionale dei Trasporti, via Caprera 15, I-09123 Cagliari.

6.   Service agreement: The service will be governed by an agreement based on a model which forms part of the tender dossier.

7.   Financial compensation: Tenders must explicitly indicate, with an annual breakdown, within the limit referred to in Section 5, the maximum amount of compensation requested for operating the service in question for two years from the scheduled starting date for the service, with the possibility of an extension for a further 12 months.

The exact amount of the compensation granted will be determined retrospectively each year on the basis of the costs actually incurred and the revenue actually generated by the service, on presentation of supporting documents and within the limit of the amount indicated in the tender, as specified in the tender dossier.

In no event may the carrier request, by way of financial compensation, an amount in excess of the upper limit specified in the agreement, given the nature of the payment which does not constitute a consideration but compensation for providing a service which is subject to public service obligations.

The annual payments will be made in the form of instalments and a final 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 Sections 10 and 11 below.

8.   Fares: Tenders must indicate the proposed fare structure in accordance with the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006.

9.   Duration of the agreement: The agreement will run for two years, with the possibility of an extension for a further 12 months, starting on the scheduled date on which the air services on the route in question are to commence operation in accordance with the public service obligations imposed.

The proper operation of the service and the carrier's cost accounting for the route in question will be the subject of an examination at least once a year at the request of the administration, in cooperation with the carrier.

10.   Termination of agreement and notice: Either party may terminate the agreement before the end of its period of validity by giving six months' formal notice. If the carrier fails to comply with the public service obligations, it will be deemed to have terminated the agreement without notice if it does not resume the service in accordance with the public service obligations within 30 days of being served notice to comply fully with the obligations accepted.

11.   Non-fulfilment and penalties: Failure to operate the service for the following reasons shall not constitute non-fulfilment attributable to the carrier:

hazardous weather conditions,

closure of one of the airports,

public safety concerns,

industrial action,

security concerns,

‘force majeure’.

In such cases, the amount of compensation will be reduced in proportion to the number of flights not carried out.

The carrier is responsible for ensuring that the obligations accepted under the agreement are strictly adhered to. In the event of partial or total non-fulfilment for reasons other than ‘force majeure’ or abnormal or unforeseeable events beyond the carrier's control, which the carrier could not reasonably avoid, in spite of all due diligence, the Italian authorities may withdraw the assignment of the route subject to formal notice being given to the carrier within 10 days of knowledge of the event.

After receiving formal notice, the carrier is allowed up to 7 days to justify itself.

The number of flights cancelled for reasons directly attributable to the carrier each year must not exceed 2 % of the number of flights scheduled, in other words 98 % of the flights scheduled must be carried out. The carrier must pay the regulatory body a penalty of EUR 2 500,00 for every flight cancelled in excess this limit.

The carrier must guarantee that at least 85 % of flights are operated to within 20 minutes of the established timetable (on-time coefficient). For any delay in excess of 20 minutes, the carrier will give each passenger a credit of EUR 15,00 to be used in the purchase of a subsequent ticket.

The above-mentioned rules shall not apply to cancelled flights and flights delayed due to weather conditions, industrial action or events beyond the responsibility and/or control of the carrier.

Should the carrier fail, wholly or in part, to fulfil its contractual obligations, it may be obliged to provide compensation for the damages suffered by the island's population, the value of which shall be determined by the competent legal authority.

If the service is interrupted in any way, the amount of financial compensation shall be revised in proportion to the number of flights not carried out, without prejudice to any subsequent claim for compensation for damages.

Failure by the carrier to observe the period of notice referred to in Section 10 shall be subject to a penalty calculated on the basis of the number of days of default and the actual deficit for the route over the year in question. In no case shall the penalty be greater than the amount of financial compensation referred to in Section 7.

12.   Submission of tenders: Tenders, which in order to be valid must be drawn up in accordance with the provisions of the tender dossier, must reach the following address no later than 30 days after the date of publication of this invitation to tender in the Official Journal of the European Union in a closed and sealed envelope either by registered letter with acknowledgement of receipt or by hand-delivery against receipt:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

13.   Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier agrees to operate the route in accordance with the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006 within 30 days of its publication and without compensation.

14.   Contract award: ENAC, the Italian National Civil Aviation Authority, will award the contract within 40 days of the time limit indicated above, appointing a committee for this purpose where necessary.

15.   Disputes: Any disputes between the parties arising from the application of the agreement or in any way relating to the performance of the service will be referred to the competent judicial authority after an attempt at conciliation to be carried out within 90 days of the dispute arising.

---

| 22.4.2006 | EN | Official Journal of the European Union | C 95/22 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/22

---

I-Rome: operation of scheduled air services

Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Turin and vice versa

(2006/C 95/14)

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 Italian Government, acting in accordance with the decisions taken at the Interdepartmental Conference, has decided to impose public service obligations on scheduled air services between:

Cagliari and Turin and vice versa.

The standards required by these public service obligations were published in the
  Official Journal of the European Union C 93 of 21.4.2006).

If, within 30 days of publication of the above-mentioned obligations, no air carrier has agreed to commence scheduled air services on the above-mentioned route in accordance with the public service obligations imposed and without financial compensation, Italy may, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, limit access to that route to a single air carrier, on the basis of a specific invitation to tender for the provision of the air service in question in accordance with the provisions of Council Regulation (EEC) No 2408/92.

The right to operate the service on the route in question will be granted by means of public tender on the basis of the most economically advantageous bid taking into account the amount of financial compensation indicated in the tender dossier referred to in Section 5 of this invitation to tender.

2.   Subject of the invitation to tender: The operation of scheduled air services on the above-mentioned route in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006, in accordance with the provisions of Regulation (EEC) No 2408/92.

3.   Participation: The invitation to tender 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 of 23.7.1992 which have the technical requisites specified in the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006.

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

5.   Tender dossier: The complete tender dossier contains the specific standards applicable to the invitation to tender and indicates the maximum amount that may be granted by way of the financial compensation to be taken into consideration as the basis for the tendering procedure, as well as other relevant information. It constitutes, in all respects, an integral part of this invitation to tender, and can be requested, free of charge, from one of the following addresses:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

Regione Sardegna, Assessorato Regionale dei Trasporti, via Caprera 15, I-09123 Cagliari.

6.   Service agreement: The service will be governed by an agreement based on a model which forms part of the tender dossier.

7.   Financial compensation: Tenders must explicitly indicate, with an annual breakdown, within the limit referred to in Section 5, the maximum amount of compensation requested for operating the service in question for two years from the scheduled starting date for the service, with the possibility of an extension for a further 12 months.

The exact amount of the compensation granted will be determined retrospectively each year on the basis of the costs actually incurred and the revenue actually generated by the service, on presentation of supporting documents and within the limit of the amount indicated in the tender, as specified in the tender dossier.

In no event may the carrier request, by way of financial compensation, an amount in excess of the upper limit specified in the agreement, given the nature of the payment which does not constitute a consideration but compensation for providing a service which is subject to public service obligations.

The annual payments will be made in the form of instalments and a final 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 Sections 10 and 11 below.

8.   Fares: Tenders must indicate the proposed fare structure in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006.

9.   Duration of the agreement: The agreement will run for two years, with the possibility of an extension for a further 12 months, starting on the scheduled date on which the air services on the route in question are to commence operation in accordance with the public service obligations imposed.

The proper operation of the service and the carrier's cost accounting for the route in question will be the subject of an examination at least once a year at the request of the Administration, in cooperation with the carrier.

10.   Termination of agreement and notice: Either party may terminate the agreement before the end of its period of validity by giving six months' formal notice. If the carrier fails to comply with the public service obligations, it will be deemed to have terminated the agreement without notice if it does not resume the service in accordance with the public service obligations within 30 days of being served notice to comply fully with the obligations accepted.

11.   Non-fulfilment and penalties: Failure to operate the service for the following reasons shall not constitute non-fulfilment attributable to the carrier:

hazardous weather conditions,

closure of one of the airports,

public safety concerns,

industrial action,

security concerns, or

‘force majeure’.

In such cases, the amount of compensation will be reduced in proportion to the number of flights not carried out.

The carrier is responsible for ensuring that the obligations accepted under the agreement are strictly adhered to. In the event of partial or total non-fulfilment for reasons other than ‘force majeure’ or abnormal or unforeseeable events beyond the carrier's control, which the carrier could not reasonably avoid, in spite of all due diligence, the Italian authorities may withdraw the assignment of the route subject to formal notice being given to the carrier within 10 days of knowledge of the event.

After receiving formal notice, the carrier is allowed up to 7 days to justify itself.

The number of flights cancelled for reasons directly attributable to the carrier each year must not exceed 2 % of the number of flights scheduled, in other words 98% of the flights scheduled must be carried out. The carrier must pay the regulatory body a penalty of EUR 2 500,00 for every flight cancelled in excess of this limit.

The carrier must guarantee that at least 85% of flights are operated to within 20 minutes of the established timetable (on-time coefficient). For any delay in excess of 20 minutes, the carrier will give each passenger a credit of EUR 15,00 to be used in the purchase of a subsequent ticket.

The above-mentioned rules shall not apply to cancelled flights and flights delayed due to weather conditions, industrial action or events beyond the responsibility and/or control of the carrier.

Should the carrier fail, wholly or in part, to fulfil its contractual obligations, it may be obliged to provide compensation for the damages suffered by the island's population, the value of which shall be determined by the competent legal authority.

If the service is interrupted in any way, the amount of financial compensation shall be revised in proportion to the number of flights not carried out, without prejudice to any subsequent claim for compensation for damages.

Failure by the carrier to observe the period of notice referred to in Section 10 shall be subject to a penalty calculated on the basis of the number of days of default and the actual deficit for the route over the year in question. In no case shall the penalty be greater than the amount of financial compensation referred to in Section 7.

12.   Submission of tenders: Tenders, which in order to be valid must be drawn up in accordance with the provisions of the tender dossier, must reach the following address no later than 30 days after the date of publication of this invitation to tender in the Official Journal of the European Union in a closed and sealed envelope either by registered letter with acknowledgement of receipt or by hand-delivery against receipt:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

13.   Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier agrees to operate the route in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006 within 30 days of its publication and without compensation.

14.   Contract award: ENAC, the Italian National Civil Aviation Authority, will award the contract within 40 days of the time limit indicated above, appointing a committee for this purpose where necessary.

15.   Disputes: Any disputes between the parties arising from the application of the agreement or in any way relating to the performance of the service will be referred to the competent judicial authority after an attempt at conciliation to be carried out within 90 days of the dispute arising.

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| 22.4.2006 | EN | Official Journal of the European Union | C 95/24 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/24

---

I-Rome: operation of scheduled air services

Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Cagliari and Verona and vice versa

(2006/C 95/15)

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 Italian Government, acting in accordance with the decisions taken at the Interdepartmental Conference, has decided to impose public service obligations on scheduled air services between:

Cagliari and Verona and vice versa.

The standards required by these public service obligations were published in the
  Official Journal of the European Union C 93 of 21.4.2006).

If, within 30 days of publication of the above-mentioned obligations, no air carrier has agreed to commence scheduled air services on the above-mentioned route in accordance with the public service obligations imposed and without financial compensation, Italy may, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, limit access to that route to a single air carrier, on the basis of a specific invitation to tender for the provision of the air service in question in accordance with the provisions of Council Regulation (EEC) No 2408/92.

The right to operate the service on the route in question will be granted by means of public tender on the basis of the most economically advantageous bid taking into account the amount of financial compensation indicated in the tender dossier referred to in Section 5 of this invitation to tender.

2.   Subject of the invitation to tender: The operation of scheduled air services on the above-mentioned route in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006, in accordance with the provisions of Regulation (EEC) No 2408/92.

3.   Participation: The invitation to tender 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 of 23.7.1992 which have the technical requisites specified in the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006.

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

5.   Tender dossier: The complete tender dossier contains the specific standards applicable to the invitation to tender and indicates the maximum amount that may be granted by way of the financial compensation to be taken into consideration as the basis for the tendering procedure, as well as other relevant information. It constitutes, in all respects, an integral part of this invitation to tender, and can be requested, free of charge, from one of the following addresses:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

Regione Sardegna, Assessorato Regionale dei Trasporti, via Caprera 15, I-09123 Cagliari.

6.   Service agreement: The service will be governed by an agreement based on a model which forms part of the tender dossier.

7.   Financial compensation: Tenders must explicitly indicate, with an annual breakdown, within the limit referred to in Section 5, the maximum amount of compensation requested for operating the service in question for two years from the scheduled starting date for the service, with the possibility of an extension for a further 12 months.

The exact amount of the compensation granted will be determined retrospectively each year on the basis of the costs actually incurred and the revenue actually generated by the service, on presentation of supporting documents and within the limit of the amount indicated in the tender, as specified in the tender dossier.

In no event may the carrier request, by way of financial compensation, an amount in excess of the upper limit specified in the agreement, given the nature of the payment which does not constitute a consideration but compensation for providing a service which is subject to public service obligations.

The annual payments will be made in the form of instalments and a final 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 Sections 10 and 11 below.

8.   Fares: Tenders must indicate the proposed fare structure in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006.

9.   Duration of the agreement: The agreement will run for two years, with the possibility of an extension for a further 12 months, starting on the scheduled date on which the air services on the route in question are to commence operation in accordance with the public service obligations imposed.

The proper operation of the service and the carrier's cost accounting for the route in question will be the subject of an examination at least once a year at the request of the Administration, in cooperation with the carrier.

10.   Termination of agreement and notice: Either party may terminate the agreement before the end of its period of validity by giving six months' formal notice. If the carrier fails to comply with the public service obligations, it will be deemed to have terminated the agreement without notice if it does not resume the service in accordance with the public service obligations within 30 days of being served notice to comply fully with the obligations accepted.

11.   Non-fulfilment and penalties: Failure to operate the service for the following reasons shall not constitute non-fulfilment attributable to the carrier:

hazardous weather conditions,

closure of one of the airports,

public safety concerns,

industrial action,

security concerns, or

‘force majeure’.

In such cases, the amount of compensation will be reduced in proportion to the number of flights not carried out.

The carrier is responsible for ensuring that the obligations accepted under the agreement are strictly adhered to. In the event of partial or total non-fulfilment for reasons other than ‘force majeure’ or abnormal or unforeseeable events beyond the carrier's control, which the carrier could not reasonably avoid, in spite of all due diligence, the Italian authorities may withdraw the assignment of the route subject to formal notice being given to the carrier within 10 days of knowledge of the event.

After receiving formal notice, the carrier is allowed up to 7 days to justify itself.

The number of flights cancelled for reasons directly attributable to the carrier each year must not exceed 2 % of the number of flights scheduled, in other words 98 % of the flights scheduled must be carried out. The carrier must pay the regulatory body a penalty of EUR 2 500,00 for every flight cancelled in excess of this limit.

The carrier must guarantee that at least 85 % of flights are operated to within 20 minutes of the established timetable (on-time coefficient). For any delay in excess of 20 minutes, the carrier will give each passenger a credit of EUR 15,00 to be used in the purchase of a subsequent ticket.

The above-mentioned rules shall not apply to cancelled flights and flights delayed due to weather conditions, industrial action or events beyond the responsibility and/or control of the carrier.

Should the carrier fail, wholly or in part, to fulfil its contractual obligations, it may be obliged to provide compensation for the damages suffered by the island's population, the value of which shall be determined by the competent legal authority.

If the service is interrupted in any way, the amount of financial compensation shall be revised in proportion to the number of flights not carried out, without prejudice to any subsequent claim for compensation for damages.

Failure by the carrier to observe the period of notice referred to in Section 10 shall be subject to a penalty calculated on the basis of the number of days of default and the actual deficit for the route over the year in question. In no case shall the penalty be greater than the amount of financial compensation referred to in Section 7.

12.   Submission of tenders: Tenders, which in order to be valid must be drawn up in accordance with the provisions of the tender dossier, must reach the following address no later than 30 days after the date of publication of this invitation to tender in the Official Journal of the European Union in a closed and sealed envelope either by registered letter with acknowledgement of receipt or by hand-delivery against receipt:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

13.   Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier agrees to operate the route in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006 within 30 days of its publication and without compensation.

14.   Contract award: ENAC, the Italian National Civil Aviation Authority, will award the contract within 40 days of the time limit indicated above, appointing a committee for this purpose where necessary.

15.   Disputes: Any disputes between the parties arising from the application of the agreement or in any way relating to the performance of the service will be referred to the competent judicial authority after an attempt at conciliation to be carried out within 90 days of the dispute arising.

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| 22.4.2006 | EN | Official Journal of the European Union | C 95/26 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/26

---

I-Rome: operation of scheduled air services

Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Olbia and Bologna and vice versa

(2006/C 95/16)

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 Italian Government, acting in accordance with the decisions taken at the Interdepartmental Conference, has decided to impose public service obligations on scheduled air services between:

Olbia and Bologna and vice versa.

The standards required by these public service obligations were published in the
  Official Journal of the European Union C 93 of 21.4.2006.

If, within 30 days of publication of the above-mentioned obligations, no air carrier has agreed to commence scheduled air services on the above-mentioned route in accordance with the public service obligations imposed and without financial compensation, Italy may, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, limit access to that route to a single air carrier, on the basis of a specific invitation to tender for the provision of the air service in question in accordance with the provisions of Council Regulation (EEC) No 2408/92.

The right to operate the service on the route in question will be granted by means of public tender on the basis of the most economically advantageous bid taking into account the amount of financial compensation indicated in the tender dossier referred to in Section 5 of this invitation to tender.

2.   Subject of the invitation to tender: The operation of scheduled air services on the above-mentioned route in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006, in accordance with the provisions of Regulation (EEC) No 2408/92.

3.   Participation: The invitation to tender 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 of 23.7.1992 which have the technical requisites specified in the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006.

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

5.   Tender dossier: The complete tender dossier contains the specific standards applicable to the invitation to tender and indicates the maximum amount that may be granted by way of the financial compensation to be taken into consideration as the basis for the tendering procedure, as well as other relevant information. It constitutes, in all respects, an integral part of this invitation to tender, and can be requested, free of charge, from one of the following addresses:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

Regione Sardegna, Assessorato Regionale dei Trasporti, via Caprera 15, I-09123 Cagliari.

6.   Service agreement: The service will be governed by an agreement based on a model which forms part of the tender dossier.

7.   Financial compensation: Tenders must explicitly indicate, with an annual breakdown, within the limit referred to in Section 5, the maximum amount of compensation requested for operating the service in question for two years from the scheduled starting date for the service, with the possibility of an extension for a further 12 months.

The exact amount of the compensation granted will be determined retrospectively each year on the basis of the costs actually incurred and the revenue actually generated by the service, on presentation of supporting documents and within the limit of the amount indicated in the tender, as specified in the tender dossier.

In no event may the carrier request, by way of financial compensation, an amount in excess of the upper limit specified in the agreement, given the nature of the payment which does not constitute a consideration but compensation for providing a service which is subject to public service obligations.

The annual payments will be made in the form of instalments and a final 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 Sections 10 and 11 below.

8.   Fares: Tenders must indicate the proposed fare structure in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006.

9.   Duration of the agreement: The agreement will run for two years, with the possibility of an extension for a further 12 months, starting on the scheduled date on which the air services on the route in question are to commence operation in accordance with the public service obligations imposed.

The proper operation of the service and the carrier's cost accounting for the route in question will be the subject of an examination at least once a year at the request of the Administration, in cooperation with the carrier.

10.   Termination of agreement and notice: Either party may terminate the agreement before the end of its period of validity by giving six months' formal notice. If the carrier fails to comply with the public service obligations, it will be deemed to have terminated the agreement without notice if it does not resume the service in accordance with the public service obligations within 30 days of being served notice to comply fully with the obligations accepted.

11.   Non-fulfilment and penalties: Failure to operate the service for the following reasons shall not constitute non-fulfilment attributable to the carrier:

hazardous weather conditions,

closure of one of the airports,

public safety concerns,

industrial action,

security concerns, or

‘force majeure’.

In such cases, the amount of compensation will be reduced in proportion to the number of flights not carried out.

The carrier is responsible for ensuring that the obligations accepted under the agreement are strictly adhered to. In the event of partial or total non-fulfilment for reasons other than ‘force majeure’ or abnormal or unforeseeable events beyond the carrier's control, which the carrier could not reasonably avoid, in spite of all due diligence, the Italian authorities may withdraw the assignment of the route subject to formal notice being given to the carrier within 10 days of knowledge of the event.

After receiving formal notice, the carrier is allowed up to 7 days to justify itself.

The number of flights cancelled for reasons directly attributable to the carrier each year must not exceed 2 % of the number of flights scheduled, in other words 98 % of the flights scheduled must be carried out. The carrier must pay the regulatory body a penalty of EUR 2 500,00 for every flight cancelled in excess of this limit.

The carrier must guarantee that at least 85 % of flights are operated to within 20 minutes of the established timetable (on-time coefficient). For any delay in excess of 20 minutes, the carrier will give each passenger a credit of EUR 15,00 to be used in the purchase of a subsequent ticket.

The above-mentioned rules shall not apply to cancelled flights and flights delayed due to weather conditions, industrial action or events beyond the responsibility and/or control of the carrier.

Should the carrier fail, wholly or in part, to fulfil its contractual obligations, it may be obliged to provide compensation for the damages suffered by the island's population, the value of which shall be determined by the competent legal authority.

If the service is interrupted in any way, the amount of financial compensation shall be revised in proportion to the number of flights not carried out, without prejudice to any subsequent claim for compensation for damages.

Failure by the carrier to observe the period of notice referred to in Section 10 shall be subject to a penalty calculated on the basis of the number of days of default and the actual deficit for the route over the year in question. In no case shall the penalty be greater than the amount of financial compensation referred to in Section 7.

12.   Submission of tenders: Tenders, which in order to be valid must be drawn up in accordance with the provisions of the tender dossier, must reach the following address no later than 30 days after the date of publication of this invitation to tender in the Official Journal of the European Union in a closed and sealed envelope either by registered letter with acknowledgement of receipt or by hand-delivery against receipt:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

13.   Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier agrees to operate the route in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006 within 30 days of its publication and without compensation.

14.   Contract award: ENAC, the Italian National Civil Aviation Authority, will award the contract within 40 days of the time limit indicated above, appointing a committee for this purpose where necessary.

15.   Disputes: Any disputes between the parties arising from the application of the agreement or in any way relating to the performance of the service will be referred to the competent judicial authority after an attempt at conciliation to be carried out within 90 days of the dispute arising.

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| 22.4.2006 | EN | Official Journal of the European Union | C 95/28 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/28

---

FI-Mariehamn: operation of scheduled air services

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

(2006/C 95/17)

(Text with EEA relevance)

Invitation to tender

1.   Introduction: On 30.1.2006, acting pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92, the Government of Åland decided to supplement the public service obligation for scheduled air services on the MHQ-ARN route.

The details of this public service obligation were published in the
  Official Journal of the European Union C 93 of 21.4.2006.

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 Government of Åland will limit access to this route to a single air carrier. The right to operate air services on the route will be offered by public tender in accordance with the procedure laid down in Article 4(1)(d) of the above Regulation. On 2.3.2006, the Government of Aland decided to launch an invitation to tender.

2.   Object of the tender procedure: Operation during the period 14.8.2006 — 28.2.2009 of scheduled air services on the above route in accordance with the public service obligation published in the
  Official Journal of the European Union C 93 of 21.4.2006.

3.   Participation in the tender procedure: Participation is open to all air carriers which, either directly or indirectly through a subcontractor, hold a valid operating licence issued by a Member State under Council Regulation (EEC) No 2407/92 of 23.7.1992 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 Council Regulation (EEC) No 2408/92.

5.   Tender dossier: The complete tender dossier comprising the invitation to tender, the conditions relating to the tender procedure, contract terms, description of the public service obligation, destination development and tender forms can be obtained free of charge from:

Ålands landskapsregering, PB 1060, FIN-AX-22111 Mariehamn, Åland,

or by e-mail from registrator@ls.aland.fi, by telephone +358 18 25000, or by fax +358 18 23790. The contact person is Chief Engineer Niklas Karlman, e-mail: niklas.karlman@ls.aland.fin, tel. +358-18-25130.

6.   Financial compensation: The tender must clearly indicate the amount in euros which is requested for operating the route for the period in question. The specified amount of compensation 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 arising at Arlanda and Mariehamn airports which are directly attributable to the service in question. Compensation will not be paid for costs, e.g. take-off and landing fees, which are attributable to other routes or other airports.

7.   Fares: The tender must indicate the fares and the conditions attaching to them. The fares must conform to the public service obligation.

8.   Selection method: The carrier will be selected from among the tenders which conform to the invitation to tender and the requirements laid down in the tender documents. The criteria set out in Article 4(1)(f) of Council Regulation (EEC) No 2408/92 shall be taken into account when making the selection.

9.   Period of validity of the contract: The contract shall be in force from contract signature by both parties to the delivery by the air carrier, in accordance with the tender documents, of a final report to the Government of Åland after the last month of operation, which is February 2009.

10.   Contract amendment and termination: The contract may be amended only if the changes conform to the public service obligation published for the route. Any changes to the contract must be made in writing. Either party may terminate the contract, subject to 6 months' notice. This is without prejudice to the right to terminate the contract on specific grounds.

11.   Penalties in the event of failure to perform 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 reserves the right to claim damages.

12.   Final date for submission of tenders: Tenders must be submitted no later than 33 calendar days after the publication of this notice in the Official Journal of the European Union.

13.   Submission of tenders: Tenders must be delivered to the registry of the Government of Åland during the office hours indicated below no later than the date stipulated in point 12.

Tenders must be submitted in a sealed envelope marked ‘Anbud flygtrafik MHQ-ARN’.

They may be sent by post or messenger or delivered personally to the Government of Åland at the address given in point 5.

The office address of the Government of Åland is Självstyrelsegården, Strandgatan, FIN-Mariehamn, Åland.

The office hours of the Government of Åland are 08:00-16:15 Monday-Friday.

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

The tender shall be valid up to and including 15.9.2006.

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

14.   Validity of the tender procedure: In accordance with Article 4(1)(d) of Council 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 with effect from 14.8.2006 in accordance with the public service obligation, without enjoying exclusive rights, without receiving any financial compensation, and with a guarantee to provide a service for at least six months must apply to the Civil Aviation Administration (Luftfartsförvaltningen) in Finland or the Civil Aviation Agency (Luftfartsstyrelsen) in Sweden no later than the time limit for the submission of tenders. The Government of Åland shall be responsible for examining the application.

If such an application is made, and the Government of Åland finds that the air carrier's approach is such that the requirements of the public service obligation are met, this tender procedure shall not apply.

If this is not the case, the Government of Åland shall limit access to the route to a single carrier. If an air carrier makes an application as referred to above, it shall not also have the right to submit a tender under this invitation to tender. If it does so, the Government of Åland shall be entitled to disregard both the tender and the application.

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| 22.4.2006 | EN | Official Journal of the European Union | C 95/30 |
| --- | --- | --- | --- |

22.4.2006

EN

Official Journal of the European Union

C 95/30

---

I-Rome: operation of scheduled air services

Invitation to tender, published by Italy pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Olbia and Verona and vice versa

(2006/C 95/18)

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 Italian Government, acting in accordance with the decisions taken at the Interdepartmental Conference, has decided to impose public service obligations on scheduled air services between:

Olbia and Verona and vice versa.

The standards required by these public service obligations were published in the
  Official Journal of the European Union C 93 of 21.4.2006.

If, within 30 days of publication of the above-mentioned obligations, no air carrier has agreed to commence scheduled air services on the above-mentioned route in accordance with the public service obligations imposed and without financial compensation, Italy may, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, limit access to that route to a single air carrier, on the basis of a specific invitation to tender for the provision of the air service in question in accordance with the provisions of Council Regulation (EEC) No 2408/92.

The right to operate the service on the route in question will be granted by means of public tender on the basis of the most economically advantageous bid taking into account the amount of financial compensation indicated in the tender dossier referred to in Section 5 of this invitation to tender.

2.   Subject of the invitation to tender: The operation of scheduled air services on the above-mentioned route in accordance with the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006, in accordance with the provisions of Regulation (EEC) No 2408/92.

3.   Participation: The invitation to tender 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 of 23.7.1992 which have the technical requisites specified in the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006.

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

5.   Tender dossier: The complete tender dossier contains the specific standards applicable to the invitation to tender and indicates the maximum amount that may be granted by way of the financial compensation to be taken into consideration as the basis for the tendering procedure, as well as other relevant information. It constitutes, in all respects, an integral part of this invitation to tender, and can be requested, free of charge, from one of the following addresses:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

Regione Sardegna, Assessorato Regionale dei Trasporti, via Caprera 15, I-09123 Cagliari.

6.   Service agreement: The service will be governed by an agreement based on a model which forms part of the tender dossier.

7.   Financial compensation: Tenders must explicitly indicate, with an annual breakdown, within the limit referred to in Section 5, the maximum amount of compensation requested for operating the service in question for two years from the scheduled starting date for the service, with the possibility of an extension for a further 12 months.

The exact amount of the compensation granted will be determined retrospectively each year on the basis of the costs actually incurred and the revenue actually generated by the service, on presentation of supporting documents and within the limit of the amount indicated in the tender, as specified in the tender dossier.

In no event may the carrier request, by way of financial compensation, an amount in excess of the upper limit specified in the agreement, given the nature of the payment which does not constitute a consideration but compensation for providing a service which is subject to public service obligations.

The annual payments will be made in the form of instalments and a final 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 Sections 10 and 11 below.

8.   Fares: Tenders must indicate the proposed fare structure in accordance with the public service obligations published in
  Official Journal of the European Union C 93 of 21.4.2006.

9.   Duration of the agreement: The agreement will run for two years, with the possibility of an extension for a further 12 months, starting on the scheduled date on which the air services on the route in question are to commence operation in accordance with the public service obligations imposed.

The proper operation of the service and the carrier's cost accounting for the route in question will be the subject of an examination at least once a year at the request of the Administration, in cooperation with the carrier.

10.   Termination of agreement and notice: Either party may terminate the agreement before the end of its period of validity by giving six months' formal notice. If the carrier fails to comply with the public service obligations, it will be deemed to have terminated the agreement without notice if it does not resume the service in accordance with the public service obligations within 30 days of being served notice to comply fully with the obligations accepted.

11.   Non-fulfilment and penalties: Failure to operate the service for the following reasons shall not constitute non-fulfilment attributable to the carrier:

hazardous weather conditions,

closure of one of the airports,

public safety concerns,

industrial action,

security concerns, or

‘force majeure’.

In such cases, the amount of compensation will be reduced in proportion to the number of flights not carried out.

The carrier is responsible for ensuring that the obligations accepted under the agreement are strictly adhered to. In the event of partial or total non-fulfilment for reasons other than ‘force majeure’ or abnormal or unforeseeable events beyond the carrier's control, which the carrier could not reasonably avoid, in spite of all due diligence, the Italian authorities may withdraw the assignment of the route subject to formal notice being given to the carrier within 10 days of knowledge of the event.

After receiving formal notice, the carrier is allowed up to 7 days to justify itself.

The number of flights cancelled for reasons directly attributable to the carrier each year must not exceed 2 % of the number of flights scheduled, in other words 98 % of the flights scheduled must be carried out. The carrier must pay the regulatory body a penalty of EUR 2 500,00 for every flight cancelled in excess of this limit.

The carrier must guarantee that at least 85 % of flights are operated to within 20 minutes of the established timetable (on-time coefficient). For any delay in excess of 20 minutes, the carrier will give each passenger a credit of EUR 15,00 to be used in the purchase of a subsequent ticket.

The above-mentioned rules shall not apply to cancelled flights and flights delayed due to weather conditions, industrial action or events beyond the responsibility and/or control of the carrier.

Should the carrier fail, wholly or in part, to fulfil its contractual obligations, it may be obliged to provide compensation for the damages suffered by the island's population, the value of which shall be determined by the competent legal authority.

If the service is interrupted in any way, the amount of financial compensation shall be revised in proportion to the number of flights not carried out, without prejudice to any subsequent claim for compensation for damages.

Failure by the carrier to observe the period of notice referred to in Section 10 shall be subject to a penalty calculated on the basis of the number of days of default and the actual deficit for the route over the year in question. In no case shall the penalty be greater than the amount of financial compensation referred to in Section 7.

12.   Submission of tenders: Tenders, which in order to be valid must be drawn up in accordance with the provisions of the tender dossier, must reach the following address no later than 30 days after the date of publication of this invitation to tender in the Official Journal of the European Union in a closed and sealed envelope either by registered letter with acknowledgement of receipt or by hand-delivery against receipt:

ENAC, Direzione Trasporto Aereo, Viale del Castro Pretorio 118, I-00185 Rome.

13.   Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier agrees to operate the route in accordance with the public service obligations published in the
  Official Journal of the European Union C 93 of 21.4.2006 within 30 days of its publication and without compensation.

14.   Contract award: ENAC, the Italian National Civil Aviation Authority, will award the contract within 40 days of the time limit indicated above, appointing a committee for this purpose where necessary.

15.   Disputes: Any disputes between the parties arising from the application of the agreement or in any way relating to the performance of the service will be referred to the competent judicial authority after an attempt at conciliation to be carried out within 90 days of the dispute arising.

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