D-Erfurt: operation of scheduled air services

Annex ‘Invitation to tender Erfurt - Munich’ to Communication from the Government of the Federal Republic of Germany to the European Commission of 22.5.2007

Invitation to tender issued by the Federal Republic of Germany pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Erfurt and Munich

(2007/C 150/04)

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, the German Government has decided to revise the current public service obligation on scheduled air services between Erfurt and Munich with effect from 1.11.2007. The revised details of this public service obligation were published in ‘Official Journal of the European Union’ C 149 of 3.7.2007.

If on 1.10.2007 no EU air carrier has submitted written proof of commencement of air services between Erfurt and Munich to the ‘Thüringer Ministerium für Bau und Verkehr’ (Thuringian Ministry of Building and Transport) on 1.11.2007 in accordance with the public service obligation imposed and without requesting compensation, the Federal Republic of Germany will, in accordance with the procedure laid down in Article 4(1)(d) of the above Regulation, limit access to a single air carrier and put out the right to operate such services from 1.11.2007 to public tender.

2.   Subject of the invitation to tender: Operation of scheduled air services between Erfurt and Munich from 1.11.2007 in accordance with the public service obligation imposed on this route, as published in ‘Official Journal of the European Union’ C 149 of 3.7.2007.

3.   Participation in the invitation to tender: Participation is open to all carriers who hold a valid operating licence, including an air operator's certificate (AOC), issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23.7.1992 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.

The ‘Thüringer Ministerium für Bau und Verkehr’ reserves the right to reject all tenders submitted or to open negotiations if tenders are financially unacceptable.

5.   Tender dossier: The full tender dossier, including the technical specifications, the terms of contract and details regarding the imposition of the public service obligation, is obtainable free of charge from:

Thüringer Ministerium für Bau und Verkehr, Referat Luftverkehr, Postfach 900 362, -99106 Erfurt. Tel. (49-361) 379 14 41. Fax (49-361) 379 14 99. E-mail: christian.lougear@tmbv.thueringen.de.

6.   Financial compensation: Tenders must explicitly state the amount of compensation (in euros), including a breakdown by year, required for the operation of the route; such reimbursement shall take into account the costs and revenue generated by the service. The amount of compensation to be paid will be determined retrospectively for each year of the contract period on the basis of the recorded income and expenditure for the air service. However, it will not exceed the amount stated in the tender for each year of the contract period.

7.   Fares: The tenders submitted must indicate the proposed fares and the conditions attached to them. The fares must be in agreement with the public service obligation published in ‘Official Journal of the European Union’ C 149 of 3.7.2007.

8.   Duration of the Contract: The Contract shall cover a period of 3 years starting on 1.11.2007.

9.   Alteration or notice of termination of contract: The contract may only be altered if the changes are in agreement with the public service obligation published in Official Journal of the European Union C 149 of 3.7.2007. Changes to the contract must be put in writing.

The contract may be terminated by either party subject to 6 months' notice. This is without prejudice to the right of extraordinary termination of contract without notice for important reasons.

10.   Failure to perform the contract/contractual penalties: The air carrier is responsible for the proper fulfilment of its contractual obligations. The air carrier must guarantee that it has the capacity to operate the service itself during the period covered by the contract.

In the event of interruption of the service by the air carrier as a result of the suspension or revocation of its operating licence or its air operator's certificate (AOC) or the initiation of insolvency proceedings, the ‘Thüringer Ministerium für Bau und Verkehr’ shall have the right to entrust the temporary continuation of the service to another air carrier until such time as a new operator is appointed.

In the event of failure to comply with, or incomplete performance of, the contractual obligations by the air carrier, the ‘Thüringer Ministerium für Bau und Verkehr’ shall be entitled to reduce the compensation payment proportionately. Compensation may be claimed for damage caused.

11.   Submission of tenders: Tenders must be submitted at the latest within 1 month of the publication of this invitation to tender. Tenders must be sent by registered letter, or delivered by hand with receipt, to the following address:

Thüringer Ministerium für Bau und Verkehr, Referat Luftverkehr, Postfach 900 362, -99106 Erfurt.

The tender and all accompanying documents must be submitted in German. Aviation data may remain in English. Tenders must be submitted in quadruplicate.

12.   Validity of the invitation to tender: This invitation to tender is valid only if, by 1.10.2007, no EU carrier has submitted written proof that it will operate the air services concerned from 1.11.2007 in accordance with the public service obligation imposed without receipt of any financial compensation.