# Official Journal C 287/18 N

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 287 |
| | |
| English edition | Information and Notices | Volume 4818 November 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 287

English edition

Information and Notices

Volume 4818 November 2005

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2005/C 287/1 | Euro exchange rates | 1 |
| 2005/C 287/2 | Prior notification of a concentration (Case COMP/M.4035 — Telefónica/O2) (
  1
  ) | 2 |
| 2005/C 287/3 | Prior notification of a concentration (Case COMP/M.3996 — Industri Kapital/Kwintet) — Candidate case for simplified procedure (
  1
  ) | 3 |
| 2005/C 287/4 | Prior notification of a concentration (Case COMP/M.3982 — Technip/Subsea 7/Asia Pacific JV) — Candidate case for simplified procedure (
  1
  ) | 4 |
| 2005/C 287/5 | Initiation of proceedings (Case COMP/M.3916 — T-Mobile Austria/Tele.ring) (
  1
  ) | 5 |
| 2005/C 287/6 | Non-opposition to a notified concentration (Case COMP/M.3932 — ThyssenKrupp/Hellenic Shipyards) (
  1
  ) | 5 |
| | European Ombudsman |
| 2005/C 287/7 | Annual Report 2004 | 6 |

Notice No

Contents

page

I   Information

Commission

2005/C 287/1

Euro exchange rates

1

2005/C 287/2

Prior notification of a concentration (Case COMP/M.4035 — Telefónica/O2) (
  1
  )

1

2

2005/C 287/3

Prior notification of a concentration (Case COMP/M.3996 — Industri Kapital/Kwintet) — Candidate case for simplified procedure (
  1
  )

1

3

2005/C 287/4

Prior notification of a concentration (Case COMP/M.3982 — Technip/Subsea 7/Asia Pacific JV) — Candidate case for simplified procedure (
  1
  )

1

4

2005/C 287/5

Initiation of proceedings (Case COMP/M.3916 — T-Mobile Austria/Tele.ring) (
  1
  )

1

5

2005/C 287/6

Non-opposition to a notified concentration (Case COMP/M.3932 — ThyssenKrupp/Hellenic Shipyards) (
  1
  )

1

5

European Ombudsman

2005/C 287/7

Annual Report 2004

6

| | III   Notices |
| --- | --- |
| | Commission |
| 2005/C 287/8 | UK-Stornoway: operation of scheduled air services — Invitation to tender issued by the United Kingdom under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services between Stornoway-Benbecula and Benbecula-Barra (Scotland) (
  1
  ) | 7 |

III   Notices

Commission

2005/C 287/8

UK-Stornoway: operation of scheduled air services — Invitation to tender issued by the United Kingdom under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services between Stornoway-Benbecula and Benbecula-Barra (Scotland) (
  1
  )

1

7

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

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(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 18.11.2005 | EN | Official Journal of the European Union | C 287/1 |
| --- | --- | --- | --- |

18.11.2005

EN

Official Journal of the European Union

C 287/1

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Euro exchange rates (1)

17 November 2005

(2005/C 287/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1692 |
| JPY | Japanese yen | 138,82 |
| DKK | Danish krone | 7,4560 |
| GBP | Pound sterling | 0,67950 |
| SEK | Swedish krona | 9,6133 |
| CHF | Swiss franc | 1,5467 |
| ISK | Iceland króna | 72,40 |
| NOK | Norwegian krone | 7,8545 |
| BGN | Bulgarian lev | 1,9557 |
| CYP | Cyprus pound | 0,5734 |
| CZK | Czech koruna | 29,344 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 252,23 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6960 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,9755 |
| RON | Romanian leu | 3,6357 |
| SIT | Slovenian tolar | 239,51 |
| SKK | Slovak koruna | 38,684 |
| TRY | Turkish lira | 1,5890 |
| AUD | Australian dollar | 1,5944 |
| CAD | Canadian dollar | 1,3892 |
| HKD | Hong Kong dollar | 9,0655 |
| NZD | New Zealand dollar | 1,7028 |
| SGD | Singapore dollar | 1,9882 |
| KRW | South Korean won | 1 210,71 |
| ZAR | South African rand | 7,8480 |
| CNY | Chinese yuan renminbi | 9,4524 |
| HRK | Croatian kuna | 7,3570 |
| IDR | Indonesian rupiah | 11 750,46 |
| MYR | Malaysian ringgit | 4,420 |
| PHP | Philippine peso | 63,581 |
| RUB | Russian rouble | 33,7380 |
| THB | Thai baht | 48,146 |

Currency

Exchange rate

USD

US dollar

1,1692

JPY

Japanese yen

138,82

DKK

Danish krone

7,4560

GBP

Pound sterling

0,67950

SEK

Swedish krona

9,6133

CHF

Swiss franc

1,5467

ISK

Iceland króna

72,40

NOK

Norwegian krone

7,8545

BGN

Bulgarian lev

1,9557

CYP

Cyprus pound

0,5734

CZK

Czech koruna

29,344

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

252,23

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6960

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,9755

RON

Romanian leu

3,6357

SIT

Slovenian tolar

239,51

SKK

Slovak koruna

38,684

TRY

Turkish lira

1,5890

AUD

Australian dollar

1,5944

CAD

Canadian dollar

1,3892

HKD

Hong Kong dollar

9,0655

NZD

New Zealand dollar

1,7028

SGD

Singapore dollar

1,9882

KRW

South Korean won

1 210,71

ZAR

South African rand

7,8480

CNY

Chinese yuan renminbi

9,4524

HRK

Croatian kuna

7,3570

IDR

Indonesian rupiah

11 750,46

MYR

Malaysian ringgit

4,420

PHP

Philippine peso

63,581

RUB

Russian rouble

33,7380

THB

Thai baht

48,146

---

(1)

Source: reference exchange rate published by the ECB.

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| 18.11.2005 | EN | Official Journal of the European Union | C 287/2 |
| --- | --- | --- | --- |

18.11.2005

EN

Official Journal of the European Union

C 287/2

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Prior notification of a concentration

(Case COMP/M.4035 — Telefónica/O2)

(2005/C 287/02)

(Text with EEA relevance)

| 1. | On 14 November 2005, 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 Telefónica S.A. (‘Telefónica’, Spain) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of O2 PLC (‘O2’, UK) by way of public bid announced on 31 October 2005. |
| --- | --- |

1.

On 14 November 2005, 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 Telefónica S.A. (‘Telefónica’, Spain) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of O2 PLC (‘O2’, UK) by way of public bid announced on 31 October 2005.

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






  — | for Telefónica: global telecommunications company present in Europe, Africa and South America, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Telefónica: global telecommunications company present in Europe, Africa and South America,

| — | for undertaking O2: mobile communications services in the UK, Germany, Ireland and the Isle of Man. |
| --- | --- |

—

for undertaking O2: mobile communications services in the UK, Germany, Ireland and the Isle of Man.

| 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.4035 — Telefónica/O2, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| BE-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.4035 — Telefónica/O2, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

BE-1049 Brussels

---

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

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| 18.11.2005 | EN | Official Journal of the European Union | C 287/3 |
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18.11.2005

EN

Official Journal of the European Union

C 287/3

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Prior notification of a concentration

(Case COMP/M.3996 — Industri Kapital/Kwintet)

Candidate case for simplified procedure

(2005/C 287/03)

(Text with EEA relevance)

| 1. | On 11 November 2005 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Industri Kapital 2000 Ltd (‘IK’, UK), ultimately controlled by Industri Kapital BV (Netherlands), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of Kwintet A/S (‘KT’, Denmark) by way of purchase of shares. |
| --- | --- |

1.

On 11 November 2005 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Industri Kapital 2000 Ltd (‘IK’, UK), ultimately controlled by Industri Kapital BV (Netherlands), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of Kwintet A/S (‘KT’, Denmark) by way of purchase of shares.

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






  — | IK: private equity, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

IK: private equity,

| — | KT: industrial professional wear. |
| --- | --- |

—

KT: industrial professional wear.

| 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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 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.3996 — Industri Kapital/Kwintet, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| BE-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.3996 — Industri Kapital/Kwintet, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

BE-1049 Brussels

---

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

(2)  OJ C 56, 5.3.2005, p. 32.

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| 18.11.2005 | EN | Official Journal of the European Union | C 287/4 |
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18.11.2005

EN

Official Journal of the European Union

C 287/4

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Prior notification of a concentration

(Case COMP/M.3982 — Technip/Subsea 7/Asia Pacific JV)

Candidate case for simplified procedure

(2005/C 287/04)

(Text with EEA relevance)

| 1. | On 14 November 2005, 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 Technip S.A. (‘Technip’, France) and Subsea 7 Pty Ltd (‘Subsea 7’, Singapore) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a company (‘JV’), by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 14 November 2005, 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 Technip S.A. (‘Technip’, France) and Subsea 7 Pty Ltd (‘Subsea 7’, Singapore) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a company (‘JV’), by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | for Technip: services for engineering, procurement, construction, installation and maintenance of facilities for subsea production and transportation of oil and gas, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Technip: services for engineering, procurement, construction, installation and maintenance of facilities for subsea production and transportation of oil and gas,

| — | for Subsea 7: services for engineering, procurement, construction, installation and maintenance of facilities for subsea production and transportation of oil and gas, |
| --- | --- |

—

for Subsea 7: services for engineering, procurement, construction, installation and maintenance of facilities for subsea production and transportation of oil and gas,

| — | for JV: services for engineering, procurement, construction, installation and maintenance of facilities for subsea production and transportation of oil and gas, including supply of flexible pipe, in the Asia Pacific region. |
| --- | --- |

—

for JV: services for engineering, procurement, construction, installation and maintenance of facilities for subsea production and transportation of oil and gas, including supply of flexible pipe, in the Asia Pacific region.

| 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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 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.3982 — Technip/Subsea 7/Asia Pacific JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| BE-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.3982 — Technip/Subsea 7/Asia Pacific JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

BE-1049 Brussels

---

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

(2)  OJ C 56, 5.3.2005, p. 32.

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| 18.11.2005 | EN | Official Journal of the European Union | C 287/5 |
| --- | --- | --- | --- |

18.11.2005

EN

Official Journal of the European Union

C 287/5

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Initiation of proceedings

(Case COMP/M.3916 — T-Mobile Austria/Tele.ring)

(2005/C 287/05)

(Text with EEA relevance)

On 14 November 2005, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the common market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.

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

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 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 No COMP/M.3916 — T-Mobile Austria/Tele.ring, to the following address:

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

European Commission

Competition DG

Merger Registry

J-70

BE-1049 Brussels

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| 18.11.2005 | EN | Official Journal of the European Union | C 287/5 |
| --- | --- | --- | --- |

18.11.2005

EN

Official Journal of the European Union

C 287/5

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Non-opposition to a notified concentration

(Case COMP/M.3932 — ThyssenKrupp/Hellenic Shipyards)

(2005/C 287/06)

(Text with EEA relevance)

On 10 November 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32005M3932. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32005M3932. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

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European Ombudsman

| 18.11.2005 | EN | Official Journal of the European Union | C 287/6 |
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18.11.2005

EN

Official Journal of the European Union

C 287/6

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Annual Report 2004

(2005/C 287/07)

The European Ombudsman has presented his Annual Report for the year 2004 to the European Parliament, in accordance with Article 195(1) of the Treaty establishing the European Community and Article 3(8) of the Decision of the European Parliament on the Regulations and General Conditions Governing the performance of the Ombudsman's Duties.

The Annual Report as well as a shorter version containing only the Executive Summary and the Statistics are available on the European Ombudsman's website in all 20 official languages at: http://www.euro-ombudsman.eu.int.

Paper copies of these publications can be requested free of charge from the European Ombudsman's office:

| 1, Avenue du Président Robert Schuman |
| --- |
| B.P. 403 |
| FR-67001 Strasbourg Cedex. |
| Tel. (33-3) 88 17 23 13 |
| Fax (33-3) 88 17 90 62 |
| E-mail: euro-ombudsman@europarl.eu.int |

1, Avenue du Président Robert Schuman

B.P. 403

FR-67001 Strasbourg Cedex.

Tel. (33-3) 88 17 23 13

Fax (33-3) 88 17 90 62

E-mail: euro-ombudsman@europarl.eu.int

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III Notices

Commission

| 18.11.2005 | EN | Official Journal of the European Union | C 287/7 |
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18.11.2005

EN

Official Journal of the European Union

C 287/7

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UK-Stornoway: operation of scheduled air services

Invitation to tender issued by the United Kingdom under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services between Stornoway-Benbecula and Benbecula-Barra (Scotland)

(2005/C 287/08)

(Text with EEA relevance)

1.   Introduction: In pursuance of Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, the United Kingdom has imposed public service obligations (PSOs) in respect of scheduled air services operated between Stornoway-Benbecula and Benbecula-Barra. The standards required by these PSOs were published for Stornoway-Benbecula in
  Official Journal of the European Communities C 53/06 of 4.3.1995, as modified in
  Official Journal of the European Communities C 143/04 of 8.5.1998, C 154/03 of 29.5.2001 and C 310/09 of 13.12.2002, and as further modified in
  Official Journal of the European Union C 285 of 17.11.2005; and were published for Benbecula-Barra in
  Official Journal of the European Communities C 53/06 of 4.3.1995, as modified in
  Official Journal of the European Communities C 143/04 of 8.5.1998, C 154/04 of 29.5.2001 and C 310/10 of 13.12.2002, and as further modified in
  Official Journal of the European Union C 295/07 of 5.12.2003 and C 285 of 17.11.2005.

If, by 1 March 2006, no air carrier(s) has (have) commenced or is (are) about to commence scheduled air services between Stornoway-Benbecula and Benbecula-Barra in accordance with the PSOs imposed and without requesting compensation, the United Kingdom has decided, in accordance with the procedure laid down in Article 4(1)(d) of the abovementioned Regulation, to continue to limit access to each of these routes to a single air carrier (although for the avoidance of doubt 1 single carrier may provide services for both of these routes) and to offer the right to operate such services from 1 April 2006 by public tender.

2.   Object of invitation to tender: Operation from 1 April 2006 of scheduled air services between Stornoway-Benbecula and Benbecula-Barra in accordance with the PSOs imposed on these routes and published for Stornoway-Benbecula in
  Official Journal of the European Communities C 53/06 of 4.3.1995, as modified in
  Official Journal of the European Communities C 143/04 of 8.5.1998, C 154/03 of 29.5.2001 and C 310/09 of 13.12.2002, and as further modified in
  Official Journal of the European Union C 285 of 17.11.2005; and were published for Benbecula-Barra in
  Official Journal of the European Communities C 53/06 of 4.3.1995, as modified in
  Official Journal of the European Communities C 143/04 of 8.5.1998, C 154/04 of 29.5.2001 and C 310/10 of 13.12.2002, and as further modified in
  Official Journal of the European Union C 295/07 of 5.12.2003 and C 285 of 17.11.2005.

3.   Participation: Participation is open to all air carriers holding a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers. The respective services will operate under the Civil Aviation Authority (CAA) regulatory regime.

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

5.   Tender dossier/qualifications etc.: The complete tender documentation, including forms of tender, specifications, conditions of contracts/schedules to the conditions of contracts, as well as the texts of the original PSOs published for Stornoway-Benbecula in
  Official Journal of the European Communities C 53/06 of 4.3.1995, as modified in
  Official Journal of the European Communities C 143/04 of 8.5.1998, C 154/03 of 29.5.2001 and C 310/09 of 13.12.2002, and as further modified in
  Official Journal of the European Union C 285 of 17.11.2005; and were published for Benbecula-Barra in
  Official Journal of the European Communities C 53/06 of 4.3.1995, as modified in
  Official Journal of the European Communities C 143/04 of 8.5.1998, C 154/04 of 29.5.2001 and C 310/10 of 13.12.2002, and as further modified in
  Official Journal of the European Union C 295/07 of 5.12.2003 and C 285 of 17.11.2005, may be obtained free of charge from the awarding authority as follows:

Comhairle nan Eilean Siar, Council Offices, Sandwick Road, Stornoway HS1 2BW, Isle of Lewis, United Kingdom. Tel. (44-1851) 70 94 03. Fax (44-1851) 70 94 82. Contact: Murdo J. Gray, Depute Director of Technical Services.

Airlines will be required to include in their tender documents, evidence of their financial standing (an annual report and audited accounts for the past 3 years must be provided and must include turnover and pre-tax profit for the past 3 years), previous experience and technical capability to provide the services described. The awarding authority reserves the right to solicit further information about any applicant's financial and technical resources and abilities.

The right to operate the Stornoway-Benbecula and Benbecula-Barra services is being offered on the basis that they may be combined together into 1 contract, or tenders may be made to operate either 1 of the services or both services. Accordingly, the awarding authority reserves the right to exercise discretion in accepting bids which are to provide 1 service only or both services, and tenderers should provide separate costings for each bid; however tenderers should note that the awarding authority may also accept single bids for the provision of both services, and should provide costings for such bids. Bids whether separate or combined will be evaluated according to which bid(s) is (are) the most economically advantageous and will secure the operation of both services for the duration of their respective specified tender periods. Tenders should be priced in sterling and all supporting documents must be in English. The contract(s) shall be considered as a contract(s) made under Scottish law and subject to the exclusive jurisdiction of the Scottish courts.

6.   Financial compensation: The tenders submitted should indicate the amount required by way of grant for operating the service(s) for the period specified in 7 below from the scheduled starting date (with an analysis for each year). The grant should be calculated in accordance with the specifications. The maximum limit finally granted may be revised only in the event of an unforeseen change in the operating conditions.

The contract(s) will be awarded by Comhairle nan Eilean Siar. All payments under the contract(s) will be in sterling.

7.   Period of validity, amendment and termination of the contract(s): A 3-year contract commencing 1 April 2006 will terminate on 31 March 2009 for the Stornoway-Benbecula service and a 3-year contract commencing 1 April 2006 will terminate on 31 March 2009 for the Benbecula-Barra service. A combined contract for the provision of air services between Stornoway-Benbecula and Benbecula-Barra would commence on 1 April 2006 and in respect of rights and obligations pertaining to the provision of these air services such rights and obligations contained therein would cease on 31 March 2009. Any amendment or termination of the contract(s) will be in accordance with the conditions of the contract(s). Variations in the services will be permitted only with the agreement of the awarding authority.

8.   Penalties in the event of the carrier failing to comply with the contract(s): In the event of the carrier failing to operate any flight for any reason then, subject as aftermentioned, Comhairle nan Eilean Siar may reduce the grant(s) on a pro-rata basis for each occasion on which a flight is not operated provided that Comhairle nan Eilean Siar shall not make any such reduction in the grant(s) where the failure to operate the flight(s) is/are as a consequence of any of the following, and the appropriate occurrence has not arisen as a consequence of the acts or omissions of the carrier:

weather/tidal conditions,

closure of the airports,

security reasons,

strikes,

reasons of safety.

An explanation from the carrier(s) for such non-operation is also required in accordance with the conditions of contract(s).

9.   Deadline for submission of bids: One month after the date of publication of this notice.

10.   Application procedure: Tenders must be sent to the address at 5 above addressed to the Director of Corporate Services. Persons admitted to open tenders are designated staff from Technical Services and the Corporate Services Departments of Comhairle nan Eilean Siar.

11.   Validity of 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 air carrier presents, by 1 March 2006, a programme for operating 1 or both of the routes in question from 1 April 2006 or before that date, in accordance with the PSOs imposed, as amended, without receiving any subsidy.

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