11.12.2004   

EN

Official Journal of the European Union

C 307/20

1.

Introduction: In pursuance of 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 public service obligations on scheduled air services between Cherbourg (Maupertus) and Paris (Orly). The standards required by this public service obligation were published in Official Journal of the European Communities C 143/3 of 21 May 1999.

If on 28.2.2005 no air carrier has begun or is about to begin operating scheduled air services between Cherbourg (Maupertus) 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 1.4.2005 by public tender.

2.

Subject of the invitation to tender: The operation from 1.4.2005 of scheduled air services between Cherbourg (Maupertus) and Paris (Orly) in accordance with the public service obligation imposed on this route, as published in Official Journal of the European Communities C 143/3 of 21 May 1999.

3.

Participation in the invitation to tender: Participation is open to all Community air carriers who hold a valid operating licence issued in accordance with 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 article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92 of 23 July 1992.

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 Communities) is obtainable free of charge from:

Chambre de Commerce et d'Industrie de Cherbourg - Cotentin, Hôtel Atlantique, boulevard Félix Amiot, BP 839, F-50108 Cherbourg Cedex. Tel.: 33(0)2 33 23 32 25. Fax: 33(0)2 33 23 32 36.

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, within the limits of the amount stated in the tender. This maximum 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 maximum amount referred to in the first sub-paragraph 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 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 the subject of at least an annual examination 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 months' advance notice. If the carrier fails to comply with the public service obligation, it 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.

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 operation 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 carrier may be 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 will take account, where appropriate, of the number of flights cancelled for reasons attributable to the carrier, the number of flights made with less than the required capacity, the number of flights not complying 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 post-marked, 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 hours (local time) to the following address:

Chambre de Commerce et d'Industrie de Cherbourg - Cotentin, Hôtel Atlantique, boulevard Félix Amiot, BP 839, F-50108 Cherbourg Cedex. Tel.: 33(0)2 33 23 32 25. Fax: 33(0)2 33 23 32 36.

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 28.2.2005 a programme for operating the route in question from 1.4.2005 in accordance with the public service obligation imposed, without receiving any financial compensation.