# C_2005028EN.01000301.xml

| 4.2.2005 | EN | Official Journal of the European Union | C 28/3 |
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4.2.2005

EN

Official Journal of the European Union

C 28/3

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F-Aurillac: 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 Aurillac and Paris (Orly)

(2005/C 28/04)

(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 (OJ L 240, 24.8.1992, p. 1), France has decided to impose a public service obligation on scheduled air services between Aurillac and Paris (Orly). The standards required by this public service obligation were published in
  Official Journal of the European Union C 27 of 3.2.2004.

Official Journal of the European Union

If on 13 March 2005 no air carrier has commenced or is about to commence operating scheduled air services between Aurillac and Paris (Orly) in accordance with the public service obligation 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 carrier and to offer the right to operate such services from 13 April 2005 by public tender.

2.   Subject of the invitation to tender:

Operation from 13 April 2005 of scheduled air services between Aurillac and Paris (Orly) in accordance with the public service obligation imposed on this route, as published in
  Official Journal of the European Union No C 27 of 3.2.2004.

Official Journal of the European Union

3.   Participation in the invitation to tender:

Participation is open to all carriers who hold 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 (OJ L 240, 24.8.1992, p. 1).

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

The full tender dossier, including the specific rules for this invitation 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

Chambre de Commerce et d'Industrie du Cantal, 44, boulevard du Pont Rouge, F-15013 Aurillac Cedex. Tel.: 33 (04) 71 45 40 41. Fax: 33 (04) 71 48 48 12.

6.   Financial compensation:

Tenders must explicitly state the amount of compensation required for operating the route for three years from the scheduled starting 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, but will not exceed the amount stated in the tender. This upper limit may be revised only in the event of unforeseen changes 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 upper limit specified above being lowered, 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 commencement 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 examined at least once a year in cooperation with the carrier.

9.   Termination of contract and notice:

The contract may be terminated by either contracting party before the end of the normal period of validity by giving six month's 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.   Reductions in financial compensation:

Failure by the carrier to observe the period of notice stipulated in point 9 will be penalised either by an administrative fine of up to 7 622,45 EUR pursuant to Article R.330-20 of the Civil Aviation Code, or by a reduction in financial compensation 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 declared terminated on the grounds that the carrier has failed to observe any period of notice.

In the event of minor breaches of the public service obligation, 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 which failed to comply with the public service obligation regarding stops, and the number of days of non-compliance with the public service obligation regarding time at destination, fares charged or the use of computerised booking services.

11.   Submission of tenders:

Tenders must be sent by registered letter with acknowledgement of receipt, date as postmarked, or delivered by hand (in which case a receipt must be obtained), at the latest six weeks after the date of publication of this invitation to tender in the Official Journal of the European Union before 17.00 (local time) to the following address:

Official Journal of the European Union

Chambre de Commerce et d'Industrie du Cantal, 44, boulevard du Pont Rouge, 15013 Aurillac Cedex. Tel. 33 (04) 71 45 40 41. Fax 33 (04) 71 48 48 12.

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 of the condition that no Community carrier presents by 13 March 2005 a programme for operating the route in question from 13 April 2005 in accordance with the public service obligation imposed without receiving any financial compensation.

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