2.10.2008

EN

Official Journal of the European Union

C 250/39

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Operation of scheduled air services

Invitation to tender for contracts for the operation of nine scheduled air routes subject to public service obligations, issued by the Hellenic Republic under Article (4)(1)(d) of Council Regulation (EEC) No 2408/92

(Text with EEA relevance)

(2008/C 250/08)

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 Greek Government has imposed public service obligations in respect of scheduled services on the following routes:

—	Athens-Kithira,

—	Athens-Naxos,

—	Athens-Paros,

—	Athens-Karpathos,

—	Athens-Sitia,

—	Athens-Skiathos,

—	Thessaloniki-Corfu,

—	Rhodes-Kos-Leros-Astipalea,

—	Corfu-Aktio-Kefalonia-Zakinthos.

The requirements of the public service obligations were published in the Official Journal of the European Union C 249 of 1.10.2008.

If, by 28 February 2009, no air carrier has declared to the Civil Aviation Authority that it intends to operate scheduled flights on one or more of the above routes from 1 April 2009 in accordance with the requirements of the public service obligations for the route or routes concerned and without financial compensation, Greece has decided that, under the procedure laid down in Article 4(1)(d) of the said Regulation, it will initiate the procedure to limit access to one or more of the above routes (as stated in the next Article) to a single air carrier for three years and to offer the right to operate the routes concerned from 1 April 2009 by public tender.

2.   Object of the invitation to tender

The exclusive right to operate scheduled air services on the following routes subject to public service obligations for three years from 1 March 2009. The scheduled routes are the following:

—	Athens-Kithira,

—	Athens-Naxos,

—	Athens-Paros,

—	Athens-Karpathos,

—	Athens-Sitia,

—	Athens-Skiathos,

—	Thessaloniki-Corfu,

—	Rhodes-Kos-Leros-Astipalea,

—	Corfu-Aktio-Kefalonia-Zakinthos.

Services on these routes are to be operated in accordance with the stipulations of the corresponding public service obligation, which was published in the Official Journal of the European Union C 249 of 1.10.2008.

Tenders may be submitted for one or more of the above routes. However, all tenders shall be submitted separately for each of the routes.

Because of the special nature of the air routes concerned, air carriers must be able to demonstrate that cabin crew serving passengers on the above routes speak and understand Greek.

3.   Participation in the tender procedure

All air carriers holding a valid operating licence issued by a Member State pursuant to Council Regulation (EEC) No 2407/92 on licensing of air carriers may take part in the tender procedure.

Air carriers covered by the restrictions or grounds for ineligibility set out in Law No 3310/2005 (Greek Government Gazette I 30 of 14 February 2005) ‘Measures for ensuring transparency and preventing infringements during the procedure for signing public contracts’, as amended by Law No 3414/2005 (Greek Government Gazette I 279 of 10 November 2005), are excluded from taking part in the tender procedure.

4.   Tender procedure

This tender procedure is subject to the provisions of Article 4(1)(d) to (i) of Regulation (EEC) No 2408/92 on access for Community air carriers to intra-Community air routes.

In an emergency, if it is decided to repeat the tender procedure (on account of the unsuccessful outcome of the initial procedure), the Ministry of Transport and Communications may take the necessary measures to ensure that the vital air transport needs of a particular remote region are covered, provided such measures are in line with the principles of non-discrimination, proportionality and transparency and will not last for more than six months.

Moreover, should only one tender be submitted, and should that tender be considered financially unacceptable, the negotiations procedure may be followed.

Bidders shall be bound by the tenders they have submitted until the contracts are awarded.

5.   Tender dossier

The full tender dossier setting out the specifications, the supporting documents required for participation and other information is available free of charge from the Hellenic Civil Aviation Authority, Directorate for Air Operations, Section II, Vas. Georgiou 1, GR-16604 Elliniko, tel. (30) 21 08 91 61 49 or 08 91 61 21, fax (30) 21 08 94 71 32.

6.   Financial compensation

Tenders must explicitly state the fee required per quarter for operating each route for three years from the proposed date of commencement of operations (with an annual breakdown of the accounts as stated in the specifications). The financial compensation will be paid on a quarterly basis 30 days after the date of the corresponding invoice issued by the air carrier by means of a transfer to the account which the air carrier shall hold at a bank recognised in Greece. The exact amount of the compensation will be determined on the basis of the flights actually operated, a certificate from the relevant bodies of the Civil Aviation Authority stating that the terms of the contract have been properly complied with, and the amount of compensation due pro rata.

7.   Selection criterion

The criterion for making a selection from among the air carriers judged to be in a position to provide the services for each route covered by the invitation to tender smoothly and in accordance with the stated requirements shall be the lowest figure for the total financial compensation sought in respect of the route concerned.

8.   Duration, amendment and annulment of the contract

The contract will apply from 1 April 2009 and expire on 31 March 2012.

Any amendment to the contract must comply with the public service obligations published in the Official Journal of the European Union C 249 of 1.10.2008. Amendments to the contract shall be made in writing.

If there is any unexpected change in the operating conditions, the amount of the compensation may be reviewed.

Each contracting party may terminate the contract by giving 6 months' advance notice. If there are particularly serious grounds or if the air carrier has failed to comply properly with the contractual terms relating to the public service obligations, the awarding authority may terminate the contract without giving advance notice. The contract shall also be deemed to have terminated automatically if the contractor's operating licence or air operator's certificate (AOC) is suspended or revoked.

9.   Penalties for failure to abide by the terms of the contract

The air carrier shall be responsible for complying properly with the terms of the contract.

The number of flights cancelled for reasons for which the air carrier is responsible may not exceed 2 % of the total annual number of flights. In such cases, the amount of the financial compensation shall be reduced pro rata.

In the event of failure to discharge all or part of the contractor's obligations under the contract for reasons which do not constitute force majeure (other than the case where the number of flights cancelled does not exceed 2 % of the total annual number of flights, referred to in the preceding paragraph), the awarding authority will be entitled to impose the following reductions in the financial compensation and additional penalties:

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where the number of flights cancelled on a given route exceeds 2 % of the total annual number of flights scheduled, the financial compensation payable in respect of that route (for the flights actually operated during the quarter) will be further reduced by an amount equal to that which would have applied had the flights been operated normally,

—	where the failure concerns the weekly number of seats actually offered during the quarter, the financial compensation will be reduced in proportion to the number of seats not offered,

—	where the failure concerns the fares charged, the financial compensation will be reduced in proportion to the difference between the fares charged and the required fares,

—	in the event of any other failure to honour the terms of the contract, the fine provided for in the airport regulations will be imposed,

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where the contractor commits the same error for the third time in the same quarter on the same route, in addition to the above penalties, the forfeiture in whole or in part of the letter of guarantee of proper performance of the terms of the contract corresponding to that route may be demanded as a forfeit clause, following written notification from the Civil Aviation Authority to the contractor and provided the contractor does not adduce sufficient evidence that he is not to blame. In deciding whether to impose the penalties provided for in this point, account will be taken of the seriousness of every failure which has been ascertained, and the principle of proportionality will be applied.

The awarding authority may also demand compensation for damage caused.

10.   Submission of tenders

Tenders must be sent in five copies by registered post with recorded delivery or be delivered by hand against receipt to the following address:

Ministry of Transport and Communications

Civil Aviation Authority

Directorate-General for Air Transport

Directorate for Air Operations, Section II

Postal address:

Vassileos Georgiou 1

GR-16604 Elliniko

The closing time and date for the submission of tenders shall be 12 noon on the 32nd day following the date of publication of this invitation to tender in the Official Journal of the European Union. Tenders sent by post must be received by the time and date stated above, as certified by the record of delivery.

11.   Validity of the invitation to tender

This invitation to tender shall be valid provided that, by 28 February 2009, no Community air carrier has declared (by submitting a flight plan to the Civil Aviation Authority) its intention of operating scheduled flights on one or more of the above-mentioned routes from 1 April 2009, in accordance with the public service obligations imposed and without receiving financial compensation.

In any event the invitation to tender shall continue to apply in respect of those routes for which no air carrier has declared an interest as above by 28 February 2009 on the terms stated above.

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