This document is an excerpt from the EUR-Lex website
Document C2007/152/05
F-Dijon: operation of scheduled air services — Operation of scheduled air services between Dijon and Bordeaux and between Dijon and Toulouse — 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
F-Dijon: operation of scheduled air services — Operation of scheduled air services between Dijon and Bordeaux and between Dijon and Toulouse — 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
F-Dijon: operation of scheduled air services — Operation of scheduled air services between Dijon and Bordeaux and between Dijon and Toulouse — 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
OJ C 152, 6.7.2007, p. 13–15
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
6.7.2007 |
EN |
Official Journal of the European Union |
C 152/13 |
F-Dijon: operation of scheduled air services
Operation of scheduled air services between Dijon and Bordeaux and between Dijon and Toulouse
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
(2007/C 152/05)
1. Introduction: Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, France has imposed a public service obligation on scheduled air services between Dijon and Bordeaux and between Dijon and Toulouse. The terms of this public service obligation were published in Official Journal of the European Union C 151 of 5.7.2007.
If on 3.11.2007 no air carrier has commenced or is about to commence operating scheduled air services on these routes 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 the routes to a single carrier and to offer the right to operate the services from 3.12.2007 by invitation to tender.
2. Contracting authority:
3. Subject of the consultation: To provide, from 3.12.2007, scheduled air services in accordance with the public service obligation referred to in paragraph 1.
4. Main features of the contract: Public service delegation contract between the delegatee carrier and the delegating public entity or entities.
The delegatee will receive the revenue. The delegating public entity or entities 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 the delegatee 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 3.12.2007.
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 23.7.1992 on licensing of air carriers.
7. Award procedure and criteria for selecting applications: 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 31.5.1997 implementing Law No 97-210 of 11.3.1997 on strengthening the fight against illegal employment), and Decree No 2005-473 of 16.5.2005 relating ‘inter alia’ to the rules governing the allocation of financial compensation by the State and the three Orders of 16.5.2005 implementing it.
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The application file must be drawn up in French. Where necessary, tenderers must have documents issued by public authorities in an official language of the European Union translated into French. Along with the French version, tenderers may enclose a version drafted in another official language of the European Union; this version will not be authentic. |
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The application file must contain the following:
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Applications will be selected with reference to the following criteria:
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the professional and financial guarantees offered by the applicants; |
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their ability to ensure the continuity of the public service and guarantee equality of treatment for users with regard to that service; |
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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: The carriers whose applications are allowed and accepted will subsequently be invited to submit their tenders in accordance with the procedures laid down in the specific rules for the invitation to tender, which will then be supplied to them.
In accordance with Article 38 of Law No 93-122 of 29.1.1993, the tenders thus submitted will be freely negotiated by the Chambre de commerce et d'industrie de Dijon.
In accordance with Article 4(1)(f) of Regulation (EEC) No 2408/92, the selection among the submissions will be 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
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9.2. |
Verification of the operation of the service and of the carrier's accounts
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9.3 |
Amendment and termination of the contract
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9.4 |
Penalties or other deductions provided for in the contract
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10. Submission of applications: Application files must be enclosed in sealed envelopes marked: ‘Réponse à l'appel de candidatures n° 2007-11 – À n'ouvrir que par le destinataire’. They must be sent by registered letter 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 29.8.2007 (17:00) local time:
Chambre de commerce et d'industrie de Dijon, 1, place du Théâtre, BP 370, F-21010 Dijon.
11. Subsequent procedure: No later than 4.9.2007, the Chambre de commerce et d'industrie de Dijon will send the selected applicants the tender rules and a draft contract.
The selected applicants must submit their tender by 27.9.2007 (17:00) local time.
The tender 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 invitation to tender is subject to the condition that no Community carrier presents by 3.11.2007 a programme for operating the route in question from 3.12.2007 in accordance with the public service obligation imposed and without receiving any financial compensation.
13. Requests for additional information: To obtain any information they may need, applicants may contact Monsieur le Président de la Chambre de commerce et d'industrie de Dijon at the address/fax number indicated in Section 2 above, exclusively by letter, e-mail or fax.