# C_2005062EN.01001901.xml

| 12.3.2005 | EN | Official Journal of the European Union | C 62/19 |
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12.3.2005

EN

Official Journal of the European Union

C 62/19

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UK-Greenock: operation of scheduled air services

Invitation to tender issued by Ireland under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of a scheduled air service between Galway/Na Minna and the Aran Islands

(2005/C 62/09)

(Text with EEA relevance)

1.   Introduction: In pursuance of 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, Ireland has imposed a public service obligation (PSO) in respect of a scheduled air service operated between Galway/Na Minna and the Aran Islands with effect from 1 August 2005. The standards required by this public service obligation were published in the
  Official Journal of the European Communities C 281/05 of 5 October 2001, as modified in the
  Official Journal of the European Union C 61 of 11 March 2005.

Official Journal of the European Communities

Official Journal of the European Union

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

2.   Object of invitation to tender: Operation from 1 August 2005 of a scheduled air service between Galway/Na Minna and the Aran Islands in accordance with the public service obligation imposed on the route and published in the
  Official Journal of the European Communities C 281/05 of 5 October 2001, as modified in the
  Official Journal of the European Union C 61 of 11 March 2005.

Official Journal of the European Communities

Official Journal of the European Union

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 on 23 July 1992 on licensing of air carriers. The service will operate under the Irish Aviation Authority (IAA) regulatory regime.

4.   Tender procedure: This invitation 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/Qualifications etc.: The complete tender documentation. including form of contract, specification, information brief as well as the text of the original public service obligation published in the
  Official Journal of the European Communities C 281/05 of 5 October 2001, as modified in the
  Official Journal of the European Union C 61 of 11 March 2005, may be obtained free of charge from the Awarding Authority's agent as follows:

Official Journal of the European Communities

Official Journal of the European Union

Saltire Management Ltd, Victoria House Business Centre, East Blackhall Street, Greenock PA15 1HD.

Airlines are 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 service described. The Awarding Authority reserves the right to solicit further information about any applicant's financial and technical resources and abilities.

Tenders should be priced in euro and all supporting documents must be in the English or Irish language. The contract will be considered as a contract made under Irish Law and subject to the exclusive jurisdiction of the Irish courts.

6.   Financial compensation: Tenders must explicitly state the amount required for the operation of the public service obligation on the route for each of the 3 years from the scheduled starting date (with an analysis for each year). The compensation should be calculated in accordance with the required minimum standards.

The actual amount of the compensation payable by the Department of Community, Rural and Gaeltacht Affairs will be established ex-post and will be limited to the actual losses incurred, having regard to actual costs, revenues and, if applicable, profit margin, by the successful tenderer in operating the service subject, as a maximum, to the limit of the amount stated in respect of each year in the tender.

The contract will include provision for the maximum limit of compensation in any year(s) to be increased, at the sole discretion of the awarding authority, in the event of any changes in operating conditions. Without prejudice to the provisions governing the termination of the contract, the Awarding Authority will, in assessing any proposal for an increase in the maximum limit of compensation in any year(s), have due regard to developments affecting the operation of the service that were not or could not have been anticipated by the tenderer or are due to factors outside the control of the tenderer.

The contract will be awarded by the Minister for Community, Rural and Gaeltacht Affairs. All payments under the contract will be in Euro and such payments will be subject to receipt by the Awarding Authority of appropriately documented claims accompanied by certification from the carrier's auditors in accordance with the terms of the contract.

7.   Period of validity, amendment and termination of the contract: The contract will be valid for a period up to 3 years commencing 1 August 2005 and will terminate on 31 July 2008 at the latest. A new invitation to tender will be made, if applicable, before 31 August 2008. Any amendment or termination of the contract will be in accordance with the conditions of the contract. Variations in the service 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: In cases of force majeure or where a flight is cancelled for reasons directly attributable to the carrier, the compensation payable will only be in respect of costs, if any, actually incurred by the carrier in handing passengers disrupted by the non-operation of such flights. The Awarding Authority reserves the right to serve notice of termination of the contract if, having regard to the adequacy of service provided by the carrier and in particular to the number of flights cancelled for reasons directly attributable to the carrier, it is of the opinion that the standards required by the public service obligation have not or are not being met satisfactorily.

9.   Deadline for submission of bids: One month from the publication of this communication in the supplement to the Official Journal of the European Union.

Official Journal of the European Union

10.   Application procedure: Tenders must be sent to the address at 5 above and marked ‘EASP Tender’ by 12.00 noon (Irish time) on the date in point 9.

11.   Validity of invitations 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 July 2005, a programme for operating the routes in question from 1 August 2005 or before that date, in accordance with the PSO imposed, as amended, without receiving any financial compensation.

12.   Freedom of Information Acts 1997 and 2003: The Department of Community, Rural and Gaeltacht Affairs undertakes to use its best endeavours to hold confidential any information provided by tenderers, subject to the Department's obligation under law, including the Freedom of Information (FOI) Acts 1997 and 2003. If tenderers wish that any of the information supplied by them in their tenders should not be disclosed because of its commercial sensitivity, they should, when providing the information, identify same and specify the reasons for its sensitivity. The Department will consult with tenderers about this sensitive information before making a decision regarding release of the information under the provisions of the Freedom of Information Act. If tenderers consider that none of the information supplied by them is commercially sensitive, they should make a statement to that effect and such information may be released in response to an FOI request.

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