# C_2004220EN.01000301.xml

| 2.9.2004 | EN | Official Journal of the European Union | C 220/3 |
| --- | --- | --- | --- |

2.9.2004

EN

Official Journal of the European Union

C 220/3

---

F-Loudes: Operation of scheduled air services

Invitation to tender issued by France under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services between Le Puy-en-Velay (Loudes) and Paris (Orly)

(2004/C 220/03)

(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 decided to impose a public service obligations in respect of scheduled air services operated between Le Puy-en-Velay (Loudes) and Paris (Orly). The terms of these public service obligations were published in the
  Official Journal of the European Communities No C 258 of 15 September 2001.

Official Journal of the European Communities

Insofar as by 14 December 2004 no air carrier has commenced or is about to commence scheduled air services between Le Puy-en-Velay (Loudes) and Paris (Orly) in accordance with the public service obligations imposed and without requesting financial compensation, France has decided, in accordance with the procedure laid down by Article 4(1)(d) of that Regulation, to limit access to only one air carrier and to offer by public tender the right to operate such services from 14 January 2005.

2.   Object of the invitation to tender:

Operation from 14 January 2005 of scheduled air services between Le Puy-en-Velay (Loudes) and Paris (Orly) in accordance with the public service obligations imposed on that route and published in the
  Official Journal of the European Communities No C 258 of 15 September 2001.

Official Journal of the European Communities

3.   Participation:

Participation is open to all air carriers holding a valid operating license 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 points (d), (e), (f), (g), (h) and (i) of Article 4(1) of Regulation (EEC) No 2408/92.

5.   Tender dossier:

The complete tender dossier, comprising the specific rules governing the invitation to tender and the public service delegation agreement together with its technical annex (text of the public service obligations published in the Official Journal of the European Communities) may be obtained free of charge from:

Official Journal of the European Communities

Syndicat Mixte de Gestion Aérodrome Départemental Le Puy-en-Velay/Loudes, Aérodrome de Loudes, F-43320 Loudes. Tel.: 33 (0) 04 71 08 61 87. Fax: 33 (0) 04 71 08 66 40.

6.   Financial compensation:

The tenders submitted will indicate the amount required by way of compensation for operating the service for three years from the scheduled starting date (with an annual breakdown). The exact amount of compensation finally granted will be determined each year 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 an unforeseen change in the 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 the contract:

The duration of the contract (public service delegation agreement) is three years from the date scheduled for the beginning of the services mentioned in point 2 of this invitation to tender.

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 route in question will be the subject of at least one annual examination in cooperation with the carrier.

9.   Termination of contract and notice:

The contract may be terminated by either party before its normal expiry date only if six months notice is given. If the carrier fails to respect a public service obligation, it shall be deemed to have terminated the contract without notice if it does not resume the service in accordance with the public service obligations within one month of the serving of formal notice.

10.   Penalties:

Failure by the carrier to observe the period of notice referred to in point 9 will be subject either to an administrative fine of up to 7 622,45 EUR 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 contract may be cancelled and the carrier deemed to have terminated the contract without notice.

In the event of minor breaches of the public service obligation, the maximum financial compensation provided for in point 6 shall be reduced, without prejudice to the application of the provisions of article R.330-20 of the Civil Aviation Code. Such reductions shall take account, where appropriate, of the number of flights cancelled for reasons attributable to the carrier, the number of flights made with a capacity lower than that required, the number of flights which failed to comply with the public service obligation as regards stopovers, and the number of days on which the public service obligation was not complied with as regards time at destination, fares charged, and the use of computerised reservation services.

11.   Submission of tenders:

Tenders must be sent by registered letter with acknowledgement of receipt, the postmark serving as proof, or delivered by hand with receipt, at the latest six weeks from the date of publication of this invitation to tender in the Official Journal of the European Communities, before 17.00 hours (local time) to the following address:

Official Journal of the European Communities

Syndicat Mixte de Gestion Aérodrome Départemental Le Puy-en-Velay/Loudes, Aérodrome de Loudes, F-43320 Loudes. Tel.: 33 (0) 04 71 08 61 87. Fax: 33 (0) 04 71 08 66 40.

12.   Validity of the invitation to tender:

In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92 of 23 July 1992, the validity of this invitation to tender is subject to the condition that no Community carrier presents by 14 December 2004 a programme for operating the route in question as from 14 January 2005, in accordance with the public service obligation imposed, without receiving any financial compensation.

---