D-Schwerin: Operation of scheduled air services

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 Rostock-Laage and Munich and Rostock-Laage and Cologne/Bonn

(2005/C 226/05)

(Text with EEA relevance)

1.   Introduction: Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, the German Government decided to impose a public service obligation in respect of scheduled air services on the Rostock-Laage to Munich and Rostock-Laage to Cologne/Bonn routes with effect from 1 January 2006. The details of this public service obligation were published in Official Journal of the European Union C 225 of 14.9.2005.

If, by 1 December 2005, no EU air carrier has submitted to the Ministry of Economic Affairs of Mecklenburg-Western Pomerania written proof of commencement of air services with effect from 1 January 2006 in accordance with the public service obligation imposed and without requesting compensation, Germany will, under the procedure laid down in Article 4(1)(d) of the abovementioned Regulation, limit access to a single air carrier and put the right to operate such services from 1 January 2006 out to public tender.

2.   Subject of the invitation to tender: Operation of scheduled air services between Rostock-Laage and Munich and Rostock-Laage and Cologne/Bonn in accordance with the public service obligation imposed on these routes, as published in Official Journal of the European Union C 225 of 14.9.2005.

3.   Participation in the invitation to tender: Participation is open to all carriers who hold a valid operating licence including an Air Operator Certificate (AOC) issued by a Member State 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.

The Ministry of Economic Affairs of Mecklenburg-Western Pomerania (Wirtschaftsministerium Mecklenburg-Vorpommern) reserves the right to reject all offers or to start negotiations if no economically acceptable tender is received. Tenderers are bound by their tender until the tender is awarded.

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

Wirtschaftsministerium Mecklenburg-Vorpommern, Referat 510, Johannes-Stelling-Straße 14, D-19053 Schwerin; tel. (49-385) 588 55 10, fax (49-385) 588 58 65.

6.   Financial compensation: Tenders must explicitly state (in EUR) the amount of compensation, with a breakdown by routes and years, required for the operation of the routes from the planned date of commencement of the flights.

7.   Fares: The tenders submitted must indicate the proposed fares and the conditions attached to them. The fares must be in conformity with the relevant public service obligation published in Official Journal of the European Union C 225 of 14.9.2005.

8.   Duration, alteration and notice of termination of contract: The contract commences at the earliest on 1 January 2006 and finishes at the latest on 31 October 2008.

The contract may be terminated by either party subject to 3 months' notice. This is without prejudice to the right of extraordinary termination of contract without notice for serious reasons.

9.   Failure to perform the contract/contractual penalties: The air carrier is responsible for the proper fulfilment of its contractual obligations. In the event of failure to comply with, or incomplete performance of, the contractual obligations by the air carrier, the provider of the compensation is entitled to reduce the compensation payment proportionately. This may also apply where damage has been caused.

10.   Submission of tenders: Tenders must be sent by registered letter, or delivered by hand in exchange for an acknowledgement of receipt, to the following address:

Wirtschaftsministerium Mecklenburg-Vorpommern, Referat 510, Johannes-Stelling-Straße 14, D-19053 Schwerin; tel. (49-385) 588-5510, fax (49-385) 588-5865.

Tenders must be submitted at the latest one month after the date of publication of this notice. They may be submitted for one or both routes, but must show the compensation required for each route separately. All tenders must be submitted in quadruplicate.

11.   Validity of the invitation to tender: The validity of this invitation to tender is subject to the condition that, by 1 December 2005, no EU carrier has supplied written proof of entitlement to operate the air services concerned from 1 January 2006 in accordance with the public service obligation imposed without payment of compensation.