F-Le Passage: operation of scheduled air services — Operation of scheduled air services between Agen (La Garenne) and Paris (Orly) — Notice of a competitive public tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the delegation of a public service Text with EEA relevance
Date: 2007-06-27
Institutions: European Commission
Subjects: France, air transport, airline, award of contract, inland transport, invitation to tender, public service

C 142/8

EN

Official Journal of the European Union

27.6.2007

V

(Announcements)

ADMINISTRATIVE PROCEDURES

COMMISSION

F-Le Passage: operation of scheduled air services

Operation of scheduled air services between Agen (La Garenne) and Paris (Orly)

Notice of a competitive public tender issued by France pursuant to Article 4(1)(d) of Council Regu-
lation (EEC) No 2408/92 for the delegation of a public service

(Text with EEA relevance)

(2007/C 142/05)

1. Introduction: Pursuant

to Article 4(1)(a) of Regulation
(EEC) No 2408/92 of 23 July 1992 on access for Com-
munity air carriers to intra-Community air routes, France
has imposed a public service obligation on scheduled air
services between Agen (La Garenne) and Paris (Orly). The
terms of this public service obligation were published in
Official
the European Communities C 331 of
19.11.1999 and amended in Official Journal of the European
Union C 141 of 26.6.2007.

Journal of

If on 3 November 2007 no air carrier has commenced or
is about
to commence operating these 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 the route to only one carrier and to offer
the right to operate such services from 3 December 2007
at the earliest by invitation to tender.

2. Contracting authority: Syndicat mixte pour l'aéroport
départemental, Aérodrome d'Agen La Garenne, F-47520 Le
Passage. Tél. (33) 553 77 00 83. Fax (33) 553 96 41 84.
E-mail: aeroport.agen@wanadoo.fr.

3. Object of

the

consultation: To provide,

from 3
December 2007 at the earliest, scheduled air services in
accordance with the public service obligation mentioned in
paragraph 1.

4. Main features of the contract: This is a public service
delegation contract to be concluded between the carrier,
the Syndicat mixte pour l'aéroport départemental and the
State, in accordance with Article 8 of Decree No 2005-473

of 16 May 2005 relating inter alia to the rules governing
the allocation of financial compensation by the State.

The delegatee will receive the revenue. The Syndicat mixte
pour l'aéroport départemental and the State will pay it a
contribution corresponding to the difference between the
actual expenditure, excluding taxes (VAT, and aviation
taxes) on operating the service and the commercial
revenue, excluding taxes (VAT, and aviation taxes), received
by it, within the limit of the maximum compensation to
which it has committed itself, following deduction, where
appropriate, of the penalties specified in Section 9.4 of this
notice.

5. Duration of the contract: The duration of the contract
(public service delegation agreement) is three years from 3
December 2007 at the earliest.

6. Participation in the consultation: Participation is open
to all air carriers holding a valid operating licence issued in
accordance with Council Regulation (EEC) No 2407/92 of
23 July 1992 on licensing of air carriers.

7. Award procedure and criteria for selecting candi-
dates: This invitation to tender is subject to Article 4(1)
(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92,
Articles L 1411-1 et seq. of the General Local Authorities
Code concerning public service delegations and the texts
implementing them (in particular Decree No 97-638 of 31
May 1997 implementing Law No 97-210 of 11 March
1997 on strengthening the fight against illegal employ-
ment), and Decree No 2005-473 of 16 May 2005 relating
inter alia to the rules governing the allocation of financial
compensation by the State and the three Orders of 16 May
2005 implementing it.

27.6.2007

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Official Journal of the European Union

C 142/9

7.1. Application file: The application file must be drawn
up in French. Where necessary, tenderers must have
documents issued by public authorities in an official
the European Union translated into
language of
French. Along with the French version, tenderers may
enclose a version drafted in another official language
of
this version will not be
authentic.

the European Union;

The application file must contain the following:

— an application letter, signed by the manager or his
or her representative, together with documents
giving the power to sign;

for

the

applicant's

— a memorandum presenting the undertaking and
professional
vouching
capability and financial standing in the field of air
transport, together with any relevant references;
this memorandum must make it possible to
assess the applicant's ability to ensure the conti-
nuity of the public service and guarantee equality
of treatment for users; if they so wish, the appli-
cants may base their application on the model
form DC5 used in connection with the award of
public contracts;

— the overall turnover and the turnover relating to
the supply of relevant services over the last three
years or, if the applicant so wishes, the balance
sheets and outturn accounts for the last three
years; an applicant who cannot provide this infor-
mation must explain;

— a methodology note explaining how the applicant
proposes to respond to the consultation file if
allowed by the Syndicat mixte pour l'aéroport
départemental to submit a bid, setting out, in par-
ticular:

— the technical and human resources which the
applicant will assign to the operation of the
route,

— the number, qualifications and assignment of
personnel and any recruitments that the appli-
cant proposes to make;

— the types of aircraft used and, where appro-

priate, their registration,

— a copy of the tenderer's air carrier operating

licence,

— if the operating licence was issued by a Euro-
pean Union Member State other than France,
the tenderer must also provide the following
information:

— the country in which the pilots' licences were

issued,

— the

law applicable

to the

employment

contracts,

— details of membership of social

insurance

bodies,

— the steps taken to comply with Articles L.
341-5 and Articles D. 341-5 et seq. of the
Labour Code
temporary
secondment of wage-earners for the purpose
of supplying services on the national territory;

relating to the

— certificates or statements issued on honour, as
provided for in Article 8 of Decree No 97-
638 of 31 May 1997 and the Order of 31
January 2003 implementing Article 8 of the
aforementioned Decree, vouching that
the
applicant has discharged their obligations with
regard to taxation and social insurance, in par-
ticular covering:

— corporation tax

— value added tax,

— contributions in respect of social

ance, work
illnesses and family allowances,

accidents,

insur-
occupational

— civil aviation tax,

— airport tax.

— tax on noise pollution from aircraft,

— solidarity levy.

In the case of applications from a European
than France,
Union Member State other
equivalent certificates or statements must be
drawn up by the administrations and bodies
of the country of origin;

— a statement

issued on honour relating to the
absence of conviction recorded in bulletin No 2
for offences referred to in Articles L. 324-9, L.
324-10, L. 341-6, L. 125-1 and L. 125-3 of the
Labour Code;

— a statement issued on honour and/or proof of
compliance with the obligation to employ
workers with disabilities laid down in Article L.
323-1 of the Labour Code;

— extract

‘K bis’ of

the entry in the Companies

Register, or an equivalent document;

— pursuant

to Article 7 of Regulation (EEC) No
2407/92 of 23 July 1992, an insurance certificate
less than three months old covering civil liability
in the event of accidents, in particular in respect
luggage, cargo, mail and third
of passengers,
parties and conforming to Regulation (EC) No
785/2004 of 21 April 2004, and in particular
Article 4 thereof;

— in the event of a safeguard or collective procedure
measure, a copy of any judgment to this effect (if
the judgment is not drawn up in French, it must
be accompanied by a certified translation).

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Official Journal of the European Union

27.6.2007

7.2. Procedures

for

the examination of applications:

Applications will be selected with reference to the
following criteria set out in Article L. 1411-1(3) of
the General Local Authorities Code:

— the professional and financial guarantees offered

by the applicants;

— their ability to ensure the continuity of the public
for

service and guarantee quality of
users with regard to that service;

treatment

— their compliance with the obligation to employ
handicapped workers laid down in Article L. 323-
1 of the Labour Code.

8. Criteria for the award of the contract: Subsequently,
the carriers whose applications are allowed and accepted
will be invited to submit their tenders in accordance with
the procedure laid down in the specific rules for the invita-
tion to tender, which will then be supplied to them.

All the tender documentation is available on request from:

Syndicat mixte pour l'aéroport départemental, Aérodrome
d'Agen La Garenne, F-47520 Le Passage. Tel. (33) 5 53 77
00 83, Fax (33) 5 53 96 41 84. E-mail: aeroport.agen@wa-
nadoo.fr.

In accordance with Article L. 1411-1 subparagraph 3 of
the General Local Authorities Code the bids thus submitted
will be freely negotiated by the designated authority of the
Syndicat mixte pour l'aéroport départemental.

In accordance with Article 4(1)(f) of Regulation (EEC) No
the selection among the submissions will be
2408/92,
made taking into consideration the adequacy of the service,
including the prices and conditions which can be quoted
to users, and the cost of the compensation required.

9. Essential additional information:

9.1. Financial compensation: The tenders submitted by
the carriers whose applications are accepted must
specify the maximum amount required by way of
compensation for operating the route for three years
from 3 December 2007, 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 limit of the amount stated in the
tender. This maximum limit may be revised only in
the event of unforeseen changes in the operating
conditions.

in proportion to the actual duration of the

priate,
service.

9.2. 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.

9.3. Amendment and termination of the contract: Where
the carrier believes that unforeseen changes in the
operating conditions justify revision of the maximum
amount of financial compensation, it must present a
reasoned request to the other signatory parties, which
must
reach a decision within two months. The
contract may then be amended by means of an addi-
tional agreement.

the
The contract may be terminated by either of
signatory parties before the normal end of
the
validity of the contract provided that a six-month
period of notice is observed. In the event of serious
breaches of its contractual obligations, the carrier will
be deemed to have terminated the contract without
notice if it does not resume the service in accordance
with the public service obligation within one month
of the serving of formal notice.

9.4. Penalties or other deductions provided for in the
contract: Failure by the carrier to observe the period
of notice referred to in Section 9.3 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 actual operating loss of the route
during the year in question, but not exceeding the
maximum financial compensation provided for in
Section 9.1.

In the event of minor breaches of the public service
obligation,
the maximum financial compensation
provided for in Section 9.1 will be reduced, without
prejudice to the application 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, and the number
of flights not complying with the public service obli-
gation in terms of stopovers and fares charged.

The annual payments will be made in the form of
advance payments and an adjustment balance. The
balance will be paid only after approval of
the
carrier's accounts for the route in question and verifi-
cation that the service has been operated in accord-
ance with the conditions laid down in Section 9.2
below.

In the event of termination of the contract before its
normal expiry date, Section 9.2 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 appro-

10. Submission of applications: Application files must be
enclosed in sealed envelopes marked ‘Réponse à l'appel de
candidatures n° 2-2007 – À n'ouvrir que par le destinataire’
(‘Response to Call for tenders No 2-2007 – To be opened
only by the addressee’). They must be sent by registered
post with acknowledgement of receipt (the date on the
latter serving as proof of the date of receipt) or delivered
by hand (in which case a receipt must be obtained) to
reach the following address by no later than 17:00 local
time on 24 August 2007:

Syndicat mixte pour l'aéroport départemental, Aérodrome
d'Agen La Garenne, F-47520 Le Passage.

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Official Journal of the European Union

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11. Subsequent procedure: No later than 29 August 2007,
the Syndicat mixte pour l'aéroport départemental will send
the applicants selected the rules for awarding the tender
and a draft contract.

The applicants selected must submit their bids by no later
than 17:00 local time on 28 September 2007.

The bid will be binding on the tenderer for a period of
280 days from its submission.

12. Validity of the public tender: The validity of this invita-
tion to tender is subject to the condition that no Com-

munity
carrier presents by 3 November 2007 a
programme for operating the route in question from 3
December 2007 in accordance with the public service obli-
receiving any financial
gation imposed and without
compensation.

13. Requests for additional

information: To obtain any
information they may need, applicants may contact the
the Syndicat Mixte de l'aérodrome départe-
Director of
mental at the address/fax number indicated in Section 2
above, exclusively by letter or fax.