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SE-Sundsvall: operation of scheduled air services

Invitation to tender issued by the National Public Transport Agency (Rikstrafiken) under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of scheduled air services on the following routes: Arvidsjaur — Stockholm/Arlanda, Gällivare — Stockholm/Arlanda, Hagfors — Stockholm/Arlanda, Hemavan — Stockholm/Arlanda,Lycksele — Stockholm/Arlanda, Storuman — Stockholm/Arlanda, Sveg — Stockholm/Arlanda, Torsby — Stockholm/Arlanda, Vilhelmina — Stockholm/Arlanda and Pajala-Luleå

(2005/C 28/05)

(Text with EEA relevance)

1.   Introduction:

Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, Sweden decided to impose public service obligations in respect of scheduled air services operated on the above routes. The terms of these public service obligations were published in the Official Journal of the European Union, C 27 of 3.2.2005.

Insofar as by 31 August 2005 no air carrier has commenced or is about to commence scheduled air services on a route mentioned above in accordance with the public service obligations imposed and without requesting financial compensation, Sweden has decided, in accordance with the procedure laid down by Article 4(1)(d) of the abovementioned regulation, to limit access to only one air carrier and to offer by public tender the right to operate such services from 30 October 2005.

2.   Object of invitation to tender:

Operation from 30 October 2005 of scheduled air services on the abovementioned routes in accordance with the public service obligations imposed in respect of those routes and published in the Official Journal of the European Union, C 27 of 3.2.2005.

Tenders may be submitted for one or several of the abovementioned routes. Tenders may also be submitted for the following combined routes:

Other combinations will not be considered.

3.   Participation in invitation to tender:

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

4.   Tender procedure:

This invitation to tender is subject to the provisions of Article 4(1)(d-i) of Regulation (EEC) No 2408/92.

The tender is binding on the part of the bidder until 30 October 2005.

5.   Tender dossier:

The complete tender dossier comprising the specific rules governing the invitation to tender, contract terms, the public service obligations, market conditions etc. can be obtained free of charge from the following address:

Rikstrafiken, Box 473, S-851 06 Sundsvall

or from registrator@rikstrafiken.se, tel. (46) 60 67 82 50, fax (46) 60 67 82 51.

Anyone who requests the tender dossier shall register with the National Public Transport Agency (Rikstrafiken) so that the Agency can provide additional information during the tender procedure.

6.   Financial compensation:

All compensation under the contract will be in Swedish kronor. The tenders submitted will specify the amount required by way of compensation for operating the service for three years (with an annual breakdown) from 30 October 2005. The amount specified will be based on an assessment of the costs and revenue generated due to the public service obligations imposed.

7.   Ticket prices and price system:

The tender will specify ticket prices and the conditions for their validity as well as the various types of ticket in the price system. The ticket prices and the price system must conform to the public service obligations published in the Official Journal of the European Union, C 27 of 3.2.2005.

8.   Duration of contract:

The duration of the contract term covers the period from contract signature by both parties until 25 October 2008 by which date the air carrier will have fulfilled its reporting obligations in accordance with the contract.

Scheduled air services on all routes will commence on 30 October 2005 and cease after 25 October 2008.

9.   Contract amendment and termination:

The contract may be amended only if the amendments conform to the public service obligations published in Official Journal of the European Union, C 27 of 3.2.2005. Any amendment to the contract will be made in writing. Either party may terminate the contract only if the other party fails to fulfil the contract and, despite notice in writing does not make correction without delay. This is without prejudice to the right to terminate the contract in special cases for important reasons.

10.   Penalties for failure to fulfil the contract:

The air carrier is responsible for performance of its contractual obligations. In the event of failure to perform, or incomplete performance of, the contract by the air carrier for reasons of its own doing, the procurer is entitled to reduce the compensation payment or withhold such payment until correction has been made. The procurer reserves the right to claim damages.

11.   Submission of tenders:

Tenders must be submitted no later than 60 calendar days after the publication of this notice in the Official Journal of the European Union. Tenders must be marked ‘Invitation to tender for air services, reference number Rt 2004-106/31’ and with the bidder's name. Tenders may be sent by post or messenger or delivered personally to the National Public Transport Agency (Rikstrafiken) at the following address:

Rikstrafiken, Esplanaden 11, Box 473, S-851 06 Sundsvall.

The opening hours of the National Public Transport Agency are 8.00 — 16.00 from Monday to Friday.

The tender and all documentation must be in Swedish or English and submitted in the original with two copies as well as on a CD-disk.

Tenders sent by telefax, telegram, telex or e-mail will not be accepted.

12.   Validity of the invitation to tender:

In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community carrier presents by 31 August 2005 to the Civil Aviation Authority (Luftfartsstyrelsen) its intention to operate the route in question with effect from 30 October 2005 in accordance with the public service obligations imposed, without exclusive right and without any financial compensation.

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