F-Lorient: 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 between Lorient and Lyon

(2006/C 6/08)

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 decided to impose public service obligations on scheduled air services between Lorient (Lann-Bihoué) and Lyon (Saint-Exupéry). The standards required by these public service obligations were published in Official Journal of the European Union C 5 of 10.1.2006.

If on 1.6.2006 no air carrier has commenced or is about to commence operating scheduled air services between Lorient (Lann-Bihoué) and Lyon (Saint-Exupéry) in accordance with the public service obligations imposed and without requesting compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the abovementioned Regulation, to limit access to only one carrier and to offer the right to operate such services from 1.7.2006 by public tender.

2.   Subject of the invitation to tender: Operation from 1.7.2006 of scheduled air services between Lorient (Lann-Bihoué) and Lyon (Saint Exupéry), in accordance with the public service obligations imposed on this route, published in Official Journal of the European Union C 5 of 10.1.2006.

3.   Participation in the invitation to tender: Participation is open to all Community air carriers who hold a valid operating licence 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.

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 obligations published in the Official Journal of the European Union) is obtainable free of charge from:

Chambre de commerce et d'industrie du Morbihan, Direction des Equipements, 3 boulevard de la Rade, F-56100 Lorient. Tel. (33) 297 87 76 00, fax: (33) 297 37 22 19.

6.   Financial compensation: The tenders submitted must explicitly state the amount required by way of compensation for operating the service for 3 years from the scheduled start 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 subparagraph 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 3 years from the date scheduled for the commencement of the air 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 examined at least once a year in cooperation with the carrier.

9.   Cancellation and notice: The contract may be terminated by either contracting party before the end of the normal period of validity by giving 6 months' notice. In the event of serious breaches of the public service obligations, the carrier will be deemed to have terminated the contract without notice if it does not resume the service in accordance with the public service obligations within one month of the serving of formal notice.

10.   Reductions in financial compensation: Failure by the carrier to observe the period of notice referred to in point 9 will be subject either to an administrative fine, in accordance with Article R.330-20 of the Civil Aviation Code, or to a reduction in financial compensation calculated on the basis of the number of months of default and the real operating loss of the service during the year in question, not exceeding the maximum financial compensation provided for in point 6.

In the event of minor breaches of the public service obligations, the maximum financial compensation provided for in point 6 will be reduced, without prejudice to the application of the provisions of Article R.330-20 of the Civil Aviation Code. Such reductions must take account, where appropriate, of the number of flights cancelled for reasons attributable to the carrier, the number of flights made with a capacity lower than that required, the number of flights which did not comply with the public service obligations regarding stopovers and the number of days on which the public service obligations were not complied with regarding time at destination or the use of computerised reservation services.

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

Chambre de commerce et d'industrie du Morbihan, direction des équipements, 3, boulevard de la Rade, F-56100 Lorient,

at the latest 6 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 (the date on the latter will serve as proof of the date of receipt), or delivered by hand (in which case a receipt must be obtained).

12.   Validity of the invitation to tender: In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community carrier presents, by 1.6.2006, a programme for operating the route in question from 1.7.2006 in accordance with the public service obligations imposed, without receiving any financial compensation.