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P-São Miguel: operation of scheduled air services

Invitation to tender issued by the Autonomous Region of the Azores under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services within the Autonomous Region of the Azores

(2006/C 51/07)

(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, the Autonomous Region of the Azores has decided to impose public service obligations in respect of scheduled air services operated within the Autonomous Region of the Azores.

The terms of these public service obligations were published in the Official Journal of the European Union C 49 of 28.2.2006.

Assuming that, by 28 February 2006, no air carrier has applied to operate scheduled air services on the routes mentioned in the communication published in Official Journal of the European Union C 49 of 28.2.2006, in accordance with the public service obligations imposed, without claiming financial compensation or exclusive rights to the routes, the Autonomous Region of the Azores has decided, in accordance with the procedure laid down by Article 4(1)(d) of that Regulation, to limit access to these routes to only 1 air carrier and to offer by public tender the right to operate these scheduled air services from 1 June 2006.

Tenderers must submit bids for the provision of services on all of the routes referred to in this invitation to tender.

2.   Purpose of the call for tenders: Operation from 1 June 2006 of scheduled air services within the Autonomous Region of the Azores, in accordance with the public service obligations imposed on all of the routes, as published in Official Journal of the European Union C 49 of 28.2.2006.

3.   Participation: Participation is open to all air carriers holding a valid, appropriate operating licence 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 the provisions of paragraphs d, e, f, g, h and i of Article 4(1) of Council Regulation (EEC) No 2408/92 of 23 July 1992.

5.   Tender file: The complete tender dossier may be obtained at the price of EUR 100 from: Secretaria Regional da Economia — Direcção Regional dos Transportes Aéreos e Marítimos, Rua do Mercado, No 21, 1.o e 2.o andar P-9500-326 Ponta Delgada — São Miguel — Açores.

6.   Financial compensation: The tenders submitted must explicitly indicate the amount required by way of compensation for operating the service for 3 years from the scheduled starting date (with an annual breakdown).

The exact amount of compensation finally granted will be determined 6 monthly ex-post on the basis of the proven costs and revenue actually generated by the service, within the limits of the amount given in the tender.

7.   Duration, amendment and termination of contract: The duration of the public service obligation contract is 3 years from the date of commencement of the operation of the air services mentioned in point 2 of this invitation to tender. All changes in the operating conditions for these routes will be published in the Official Journal of the European Union.

8.   Verification of the operation of the service and of the carrier's accounts: The operation of the service shall be subject to an annual review, in cooperation with the carrier, during February and March. The amount of the financial compensation may be revised in the event of unforeseen changes in the operating conditions.

9.   Penalties: Should the carrier be unable to operate the service owing to force majeure, the amount of the financial compensation may be reduced in proportion to the number of flights not operated.

Should the carrier fail to operate the services for reasons other than ‘force majeure’ or fail to fulfil the public service obligations, the Government of the Autonomous Region of the Azores may:

reduce the amount of the financial compensation in proportion to the flights not operated,

request explanations from the carrier and, should these prove unsatisfactory, terminate the contract without notice and claim compensation for damages.

10.   Presentation of bids: Bids and accompanying documents must be submitted by 31 March 2006 (17:00) (31 days following publication of this invitation to tender in the Official Journal of the European Union). They may be delivered by hand to the Secretaria Regional da Economia — Dirrecção Regional dos Transportes Aéreos e Marítimos, Rua do Mercado, No 21, 1.o e 2.o andar P-9500-326 Ponta Delgada, — São Miguel, Açores. Tel. (351-296) 20 98 00, fax (351-296) 28 11 12, between 09:00 and 17:00, or sent by registered letter to the same address to arrive by the set deadline.

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