F-Paris: 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 from Strasbourg

(2005/C 149/12)

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, France has imposed public service obligations on scheduled air services between Strasbourg and Amsterdam, Strasbourg and Milan and Strasbourg and Munich, the standards required for which were published in the Official Journal of the European Union C 85/04 of 9.4.2002, C 257/04 and C 257/05 of 25.10.2003 respectively.

Separate invitations to tender are being issued for each of the following routes:

Strasbourg – Amsterdam,

Strasbourg – Milan (Malpensa/Linate/Bergame),

Strasbourg – Munich.

If on 17 September 2005 no air carrier has commenced or is about to commence operating the routes in question in accordance with the public service obligation imposed on each of the above routes 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 each of these routes to a single carrier and, after the invitation to tender, to offer the right to operate such services from 17 October 2005 until the day before the start of the IATA 2007 summer scheduling season, i.e. 24 March 2007.

Tenderers may present bids to operate several of the abovementioned routes, particularly where this results in a reduction in the overall compensation required. However, they must set out clearly the amount of compensation required in respect of each route, where appropriate specifying different rates depending on which parts of their bid are accepted, in the event that they are awarded a contract covering some but not all of the routes for which they have bid.

2.   Subject of the invitations to tender: For each of the routes listed in paragraph 1 above, operation from 17 October 2005 of scheduled air services in accordance with the public service obligations concerned, as published in the Official Journal of the European Union C 85/04 of 9.4.2002 and in the Official Journal of the European Union C 257 of 25.10.2003.

3.   Participation in the tender procedure: 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: Each 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 (note on demographic and socio-economic features of the Strasbourg airport catchment area, note on Strasbourg airport, market study, note on the European Parliament and text of the public service obligations published in the Official Journal of the European Union), is obtainable free of charge from:

Ministère des affaires étrangères, Direction des affaires budgétaires et financières, Sous-direction du budget et des interventions financières, Bureau des interventions, 23 rue La Pérouse, F-75775 Paris Cedex 16. Tel. (33-1) 43 17 77 99; fax: (33-1) 43 17 77 69. E-mail: marie-francoise.luciani@diplomatie.gouv.fr.

6.   Bank guarantee: A bank guarantee of EUR 1 000 000 must be provided by a bank established in the European Union at long-term Standard and Poors A+ rating (or equivalent). This guarantee will be taken up in respect of all unsuccessful bidders as soon as the bid opening committee has taken a decision. It will ensure that the contract is duly carried out throughout the term of the contract with the successful bidder and will be taken up only when the books are finally closed.

7.   Financial compensation: Tenders must explicitly state the amount of compensation required for the operation of each route for the planned length of the contract (with a breakdown for a first period from 17 October 2005 to 25 March 2006 and a second period from 26 March 2006 to 24 March 2007). The exact amount of compensation finally granted will be determined for each period 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.

8.   Fares: Tenders must indicate the proposed fare structure and the conditions under which changes may be introduced.

9.   Duration, amendment and termination of the contract: The contract will begin on 17 October 2005. It will end the day before the start of the IATA 2007 summer scheduling season, i.e. on 24 March 2007. The operation of the contracted services will be the subject of an examination in cooperation with the carrier at the end of each of the 2 periods specified in Article 7. The amount of the compensation may be revised in the event of unforeseen changes in operating conditions.

The carrier selected must give 6 months' notice before discontinuing the services, in accordance with the public service obligations published in the Official Journal of the European Union C 85 of 9.4.2002 and the Official Journal of the European Union C 257 of 25.10.2003.

10.   Penalties: Failure by the carrier to observe the period of notice referred to in point 9 will be subject to a penalty. This is calculated by applying:

in the first period, from the start of the contract on 25 March 2006, a coefficient of 3 to the average monthly deficit recorded over the first operating months multiplied by the number of months of default;

in the following year, a coefficient of 3 to the average monthly deficit recorded over the previous period multiplied by the number of months of default.

If the carrier should be prevented from operating the service in question by force majeure, the amount of financial compensation may be reduced in proportion to the number of flights not carried out.

In the event that the carrier fails to operate the service in question for reasons other than force majeure, or fails to respect the public service obligations, the Strasbourg Chamber of Commerce and Industry or the Ministry of Foreign Affairs may:

reduce the amount of financial compensation in proportion to the number of flights not carried out,

ask the carrier for explanations. If the explanations offered are not satisfactory, the contract may be terminated.

These penalties shall apply without prejudice to the application of the provisions of Article R. 330-20 of the Civil Aviation Code.

11.   Presentation of tenders: Tenders must reach the following address before 17.00 (local time):

Ministère des Affaires Etrangères, Direction des affaires budgétaires et financières, Sous-direction du budget et des interventions financières, Bureau des interventions, 23 rue La Pérouse, F-75775 Paris Cedex 16,

at the latest 5 weeks after the date of publication of this invitation to tender in the Official Journal of the European Union, and must be sent by registered letter with acknowledgement of receipt, date as on the receipt, or delivered by hand with acknowledgement of receipt.

12.   Validity of the invitation to tender: In accordance with the first sentence of Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of each invitation to tender is subject to the condition that no Community carrier presents by 17 September 2005 a programme for operating the route in question from 17 October 2005 in accordance with the public service obligation imposed, without requesting any financial compensation.