D-Munich: operation of scheduled air services

Annex ‘Invitation to tender Hof - Frankfurt’ 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 Hof and Frankfurt am Main

(2007/C 150/05)

1.   Introduction: Pursuant to Article 4(1)(a) of Council 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 in respect of scheduled air services on the Hof - Frankfurt am Main route with effect from 1.4.2008. The revised details of this public service obligation are published in ‘Official Journal of the European Union’ C 149 of 3.7.2007.

Insofar as, by 1.3.2008, no air carrier has submitted to the ‘Bayerisches Staatsministerium für Wirtschaft, Infrastruktur, Verkehr und Technologie’ (Bavarian Ministry of Economic Affairs, Infrastructure, Transport and Technology) written proof of the commencement of air services on 1.4.2008 in accordance with the public service obligations and without requesting compensation, Germany will, pursuant to Article 4(1)(d) of the above-mentioned Regulation, limit access to this route to a single air carrier and put out the right to operate these services from 1.4.2008 to public tender.

2.   Subject of the invitation to tender: Operation of scheduled air services between Hof and Frankfurt am Main 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.   Tendering 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 ‘Bayerisches Staatsministerium für Wirtschaft, Infrastruktur, Verkehr und Technologie’ 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 contract is awarded. The contract will be awarded only for a tender that is economically acceptable in its entirety.

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:

Bayerisches Staatsministerium für Wirtschaft, Infrastruktur, Verkehr und Technologie, Prinzregentenstraße 28, -80538 Munich. Fax (49-89) 21 62-2588.

6.   Financial compensation: Tenders must explicitly state (in euros) the amount of compensation required for the operation of the Hof - Frankfurt am Main route for 3 years from the planned date of commencement of service (with an annual breakdown of the figures).

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 commences on 1.4.2008 and terminates on 31.3.2011.

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 submitted 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. It must guarantee that it has the capacity to operate the service itself during the period referred to in point 8. 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 ‘Bayerisches Staatsministerium für Wirtschaft, Infrastruktur, Verkehr und Technologie’ 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 awarding authority is entitled to reduce the compensation payment proportionately. Compensation may be claimed for damage caused.

11.   Submission of tenders: Tenders must be sent by registered letter, or delivered by hand with receipt, to the following address:

Bayerisches Staatsministerium für Wirtschaft, Infrastruktur, Verkehr und Technologie, Prinzregentenstraße 28, D-80538 Munich.

All tenders and accompanying documents must be submitted in German. Aviation data may remain in English.

Tenders must be submitted at the latest 1 month after the date of publication of this notice. All tenders must be submitted in quintuplicate.

12.   Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, this invitation to tender is valid only if, by 1.3.2008, no Community air carrier has submitted written proof of the operation of air services on the above-mentioned route from 1.4.2008 in accordance with the public service obligation imposed and without requesting financial compensation.