# C_2005084EN.01001301.xml

| 6.4.2005 | EN | Official Journal of the European Union | C 84/13 |
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6.4.2005

EN

Official Journal of the European Union

C 84/13

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F-Cayenne: operation of scheduled air services

Invitation to tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Cayenne on the one hand, and Maripasoula, Saül, Saint Georges de l'Oyapock and Grand Santi via Saint Laurent du Maroni on the other

(2005/C 84/08)

(Text with EEA relevance)

1.   Introduction: Pursuant to 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, France has imposed a public service obligation on scheduled air services between Cayenne on the one hand, and Maripasoula, Saül, Saint Georges de l'Oyapock and Grand Santi via Saint Laurent du Maroni on the other. The terms of these public service obligations were published in the
  Official Journal of the European Union C 83 of 5 April 2005.

Official Journal of the European Union

If on 1 July 2005 no air carrier has commenced or is about to commence operating scheduled air services in accordance with the public service obligations imposed and without requesting financial compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the abovementioned regulation, to limit access to a single air carrier and to offer the right to operate such services from 1 August 2005 by public tender.

Separate invitations to tender are being issued for each route.

2.   Object of invitation to tender: The operation from 1 June 2005 of scheduled air services on each of the following routes, in accordance with the public service obligations published in
  Official Journal of the European Union C 83 of 5 April 2005:

Official Journal of the European Union

Cayenne — Maripasoula,

Cayenne — Saül,

Cayenne — Saint Georges de l'Oyapock,

Cayenne — Grand Santi via Saint Laurent du Maroni.

The start date for air services between Cayenne and Grand Santi via Saint Laurent du Maroni may be postponed depending on the date on which the airport at Grand-Santi is opened for the planned services.

Tenderers may present bids to operate several of the abovementioned routes, particularly where this results in a reduction in the overall compensation required. However, tenders must clearly indicate the amount of compensation required for each route, where appropriate showing any variations depending on how many of the carrier's bids are selected.

3.   Participation in the tender procedure: Participation is open to all air carriers holding a valid operating license issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licencing of air carriers.

4.   Tender procedure: These invitations to tender is subject to the provisions of Article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92.

5.   Tender dossier: The full tender dossier, including the specific rules for these invitations to tender and the public service delegation agreement and its technical annex (text of the public service obligation published in the Official Journal of the European Union) is obtainable free of charge from:

Official Journal of the European Union

Conseil Régional de la Guyane, Direction Générale des Services, Direction du Développement, de l'Economie, de l'Aménagement et de la Planification, Service Aménagement et Développement du Territoire, 65 bis, Rue Christophe Colomb, BP 7025, F-97307 Cayenne Cedex; tel. (594) 29 20 55, fax (594) 29 20 51.

6.   Financial compensation: The tenders submitted will specify the amount required by way of compensation for operating each service for three years from the scheduled start date (with an annual breakdown). The exact amount of compensation finally granted will be determined annually ex-post on the basis of the costs and revenue actually generated by the service, within the limits of the amount given in the tender. This maximum limit may be revised only in the event of unforeseen changes in operating conditions.

The annual payments will be made in the form of instalments and a 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 point 8 below.

In the event of termination of the contract before its normal expiry date, point 8 will be applied as soon as possible to allow payment to the carrier of the balance due, the maximum amount referred to in the first subparagraph being reduced, where appropriate, in proportion to the actual duration of the service.

7.   Duration of contract: The duration of the contract (public service delegation agreement) is three years from the date scheduled for the beginning of the services.

8.   Verification of the operation of the service and of the carrier's accounts: The operation of the service and the carrier's cost accounting for the routes in question will be examined at least once a year in cooperation with the carrier.

9.   Termination of contract and notice: The contract may be cancelled by either contracting party before the end of the normal period of validity by giving six months' advance notice. Should the carrier fail to comply with any element of the public service obligation, it will be deemed to have terminated the contract without notice if it fails to resume the service in accordance with the public service obligation within one month of the serving of formal notice.

10.   Penalties: Failure by the carrier to observe the period of notice stipulated in point 9 will be subject either to an administrative fine, pursuant to Article R.330-20 of the Civil Aviation Code, or to a penalty calculated on the basis of the number of months of default and the real operating loss of the service during the year in question, not exceeding the maximum financial compensation provided for in point 6.

In the event of serious breaches of the public service obligation, the carrier may be deemed to have terminated the contract without notice.

In the event of minor breaches of the public service obligations, the maximum financial compensation provided for in point 6 will be reduced, without prejudice to the application of the provisions of Article R.330-20 of the Civil Aviation Code. Such reductions will take account, as appropriate, of the number of flights cancelled for reasons directly attributable to the carrier, the number of flights made with less than the required capacity, the number of flights not complying with the public service obligations regarding stops and fares charged.

11.   Submission of tenders: Tenders must be sent by registered letter with acknowledgement of receipt, date as post-marked, or delivered by hand (in which case a receipt must be obtained), at the latest six weeks after the date of publication of these invitations to tender in the Official Journal of the European Union, before 12.00 hours (local time) to the following address:

Official Journal of the European Union

Conseil Régional de la Guyane, Direction Générale des Services, Direction du Développement, de l'Economie, de l'Aménagement et de la Planification, Service Aménagement et Développement du Territoire, 65 bis, Rue Christophe Colomb, BP 7025, F-97307 Cayenne Cedex; tel. (594) 29 20 55, fax (594) 29 20 51.

12.   Validity of the invitations to tender: In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of each invitation to tender is subject to the condition that no Community carrier presents by 1 July 2005 a programme for operating the route in question from 1 August 2005 in accordance with the public service obligations imposed, without receiving any financial compensation.

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