Operation of scheduled air services

Invitation to tender issued by the National Public Transport Agency (Rikstrafiken) pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 concerning the operation of scheduled air services on the following routes:

(Text with EEA relevance)

(2008/C 13/05)

1.   Introduction

Pursuant to 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, Sweden has decided to impose a public service obligation in respect of scheduled air services operated on the above routes. The details of this public service obligation were published in the Official Journal of the European Union C 13 of 18 January 2008.

If, by no later than 60 calendar days after publication of this notice in the Official Journal of the European Union, no carrier has notified that it intends to commence scheduled air services on one of the above routes from 26 October 2008 in accordance with the public service obligation imposed and without requesting financial compensation, Sweden has decided, in accordance with the procedure laid down in Article 4(1)(d) of the above Regulation, to limit access to the route to one carrier and to offer the right to operate that route from 26 October 2008 by invitation to tender.

2.   Subject of the invitation to tender:

Operation of scheduled air services on the above routes from 26 October 2008 in accordance with the public service obligation published in the Official Journal of the European Union C 13 of 18 January 2008.

Tenders may be submitted for one or more of the above routes. Tenders may also be submitted for combined operation of the following routes:

Stopovers on other routes are authorised only as shown in the tender dossier.

Combined operation of routes other than those listed above will not be considered.

3.   Participation

Participation is open to all air carriers holding a valid operating licence issued by a Member State under Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers.

4.   Application procedure

This invitation to tender is subject to Article 4(1)(d) of Regulation (EEC) No 2408/92.

The tender is binding on the bidder until 26 October 2008.

5.   Tender dossier

The complete tender dossier comprising the specific rules governing the invitation to tender, contract terms and description of the public service obligation can be obtained free of charge from the National Public Transport Agency at the following address:

or from registrator@rikstrafiken.se

Tel. (46) 60 67 82 50, fax (46) 60 67 82 51.

6.   Evaluation of tenders

Tenders will be evaluated to determine which tender is considered by the National Public Transport Agency to offer the best value for money. Evaluation is carried out in two stages. First, checks are carried out to ensure that the bidder and the tender meet the compulsory criteria laid down in the tender dossier. In the next stage, the tender is examined on the basis of the financial compensation requested and the evaluation criteria specified in the tender dossier.

7.   Financial compensation

All compensation under the contract will be in SEK. The tender must clearly indicate the amount — together with an annual breakdown — which is required to operate the route for three years with effect from 26 October 2008. The specified amount of compensation must be based on an assessment of the costs and revenue arising from the public service obligation and the obligations arising from the contract.

8.   Duration of contract

The contract term covers the period from signature of the contract by both parties to 1 March 2012, by which date the carrier must have fulfilled its accounting obligations under the contract.

Air services on the above routes are to commence on 26 October 2008 and end on 29 October 2011.

9.   Contract amendment and termination

The contract may be altered only if the changes are in agreement with the public service obligation published in the Official Journal of the European Union C 13 of 18 January 2008. Any changes to the contract must be made in writing. Either party may terminate the contract, but only if the other party is guilty of a material breach of the contract and, despite written notification to this effect, does not remedy deficiencies without delay. The period of notice of termination is determined in this case by the party entitled to terminate the contract.

10.   Penalties for failure to fulfil the contract

The carrier is responsible for performance of its contractual obligations. In the event of failure to perform, or incomplete performance of, the contract by the carrier for reasons not attributable to the carrier in question, the National Public Transport Agency is entitled to reduce the compensation payment or withhold the amount until deficiencies are remedied. The National Public Transport Agency reserves the right to claim damages.

11.   Submission of tenders

Tenders must be submitted no later than 60 calendar days after publication of this notice in the Official Journal of the European Union. Tenders must be marked ‘Tender for air services, Rt 2007/50/31’ and with the bidder's name. They may be sent by post or messenger or delivered in person to the National Public Transport Agency at the following address:

The opening hours of the National Public Transport Agency are 8.00 to 16.00 from Monday to Friday.

The tender and all documentation must be in Swedish or English and must be submitted in the original with two copies on CD.

Tenders sent by fax, telegram or e-mail will not be accepted.

12.   Validity of the invitation to tender

Pursuant to Article 4(1)(d) of Regulation (EEC) No 2408/92 this invitation to tender is valid only if, by no later than 60 calendar days after publication of this notice in the Official Journal of the European Union, no Community air carrier has notified its intention to commence scheduled air services on one of the above routes from 26 October 2008 in accordance with the public service obligation imposed and without requesting financial compensation.