P-Lisbon: Operation of scheduled air services

Invitation to tender issued by Portugal under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services for the route Lisbon-Vila Real-Bragança-Vila Real-Lisbon

(Text with EEA relevance)

(2008/C 143/09)

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, Portugal has decided to amend the public service obligation imposed in respect of scheduled air services operated on the route Lisbon-Vila Real-Bragança-Vila Real-Lisbon.

If on 15 September 2008 no air carrier has begun or is about to begin operating scheduled air services on the above-mentioned route in accordance with the public service obligation imposed and without requesting financial compensation, one air carrier will be selected by public tender, in accordance with the procedure provided for in Article 4(1)(d) of the above-mentioned Regulation, which will be awarded the right to operate these services from 27 October 2008.

2.   Object of invitation to tender: Provision of scheduled air services on the above route from 27 October 2008 in accordance with the public service obligation as published in the Official Journal of the European Union.

3.   Participation: All air carriers holding a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers, and an appropriate air carrier's certificate may operate these services.

4.   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 complete tender dossier, comprising the specific rules governing the invitation to tender, may be obtained at the price of EUR 100 from: Instituto Nacional da Aviação Civil I.P., Rua B, Edifícios 4, 5, e 6, Aeroporto da Portela 4, P-1749-034 Lisbon.

6.   Financial compensation: Tenders submitted must explicitly indicate the amount required by way of compensation for operating the service for three years from the scheduled starting date (with an annual breakdown). If the tenders include the operation of flights at weekends, these should not entail any increase in the financial contribution to be borne by the Member State. The financial impact resulting from the operation of flights at weekends (not to be borne by the Member State) will have to be duly explained and justified in the proposal of the tenderer. The exact amount of compensation finally granted will be determined annually ex post, on the basis of the proven costs and revenue actually generated by the service, up to the amount stated in the tender.

7.   Fares: Tenderers' bids must indicate the planned fares, which must be in accordance with the public service obligations published in Official Journal of the European Union.

8.   Duration, amendment and termination of contract: The contract will enter into force on 27 October 2008 and end after three years. The amount of the financial compensation may be revised in the event of unforeseen changes in operating conditions.

9.   Penalties: Should the carrier be unable to operate the service owing to force majeure, the amount of the financial compensation may be reduced in proportion to the flights not operated. If the carrier fails to operate the service for reasons other than force majeure or fails to fulfil the public service obligation, the Portuguese authorities may:

reduce the amount of the financial compensation in proportion to the flights not operated,

initiate legal proceedings under which fines and additional penalties provided for in the law might be applied,

apply contractual penalties,

terminate the contract, in compliance with Portuguese law, without prejudice to the situations provided for in the contract in this respect,

invoke the grounds for revocation provided for in Portuguese law and in the licensing contract.

10.   Submission of tenders:

11.   Validity of invitation to tender: In accordance with the first sentence of 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 air carrier eligible to operate the service in question submits by 15 September 2008 an application to operate the routes in question as from 27 October 2008, in accordance with the public service obligation imposed, without receiving any financial compensation. Where one or more carriers apply, by 15 September 2008, to operate these services, satisfying the public service obligation and without requesting compensation, this invitation to tender will lapse.