FI-Mariehamn: operation of scheduled air services

Invitation to tender issued by the Government of Åland pursuant to Article 4(l)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Mariehamn in Åland and Stockholm/Arlanda in Sweden

(2006/C 95/17)

(Text with EEA relevance)

Invitation to tender

1.   Introduction: On 30.1.2006, acting pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92, the Government of Åland decided to supplement the public service obligation for scheduled air services on the MHQ-ARN route.

The details of this public service obligation were published in the Official Journal of the European Union C 93 of 21.4.2006.

If no air carrier has commenced or is about to commence scheduled air services in accordance with the public service obligation imposed and without requesting financial compensation, the Government of Åland will limit access to this route to a single air carrier. The right to operate air services on the route will be offered by public tender in accordance with the procedure laid down in Article 4(1)(d) of the above Regulation. On 2.3.2006, the Government of Aland decided to launch an invitation to tender.

2.   Object of the tender procedure: Operation during the period 14.8.2006 — 28.2.2009 of scheduled air services on the above route in accordance with the public service obligation published in the Official Journal of the European Union C 93 of 21.4.2006.

3.   Participation in the tender procedure: Participation is open to all air carriers which, either directly or indirectly through a subcontractor, hold a valid operating licence issued by a Member State under Council Regulation (EEC) No 2407/92 of 23.7.1992 on licensing of air carriers.

4.   Basis for the tender procedure: This tender procedure is subject to the provisions of Article 4(1)(d)-(i) of Council Regulation (EEC) No 2408/92.

5.   Tender dossier: The complete tender dossier comprising the invitation to tender, the conditions relating to the tender procedure, contract terms, description of the public service obligation, destination development and tender forms can be obtained free of charge from:

Ålands landskapsregering, PB 1060, FIN-AX-22111 Mariehamn, Åland,

or by e-mail from registrator@ls.aland.fi, by telephone +358 18 25000, or by fax +358 18 23790. The contact person is Chief Engineer Niklas Karlman, e-mail: niklas.karlman@ls.aland.fin, tel. +358-18-25130.

6.   Financial compensation: The tender must clearly indicate the amount in euros which is requested for operating the route for the period in question. The specified amount of compensation must be based on an assessment of the actual costs and revenue relating to the activity and on the minimum requirements which the public service obligation involves. Compensation will be granted only for the air-transport-related costs arising at Arlanda and Mariehamn airports which are directly attributable to the service in question. Compensation will not be paid for costs, e.g. take-off and landing fees, which are attributable to other routes or other airports.

7.   Fares: The tender must indicate the fares and the conditions attaching to them. The fares must conform to the public service obligation.

8.   Selection method: The carrier will be selected from among the tenders which conform to the invitation to tender and the requirements laid down in the tender documents. The criteria set out in Article 4(1)(f) of Council Regulation (EEC) No 2408/92 shall be taken into account when making the selection.

9.   Period of validity of the contract: The contract shall be in force from contract signature by both parties to the delivery by the air carrier, in accordance with the tender documents, of a final report to the Government of Åland after the last month of operation, which is February 2009.

10.   Contract amendment and termination: The contract may be amended only if the changes conform to the public service obligation published for the route. Any changes to the contract must be made in writing. Either party may terminate the contract, subject to 6 months' notice. This is without prejudice to the right to terminate the contract on specific grounds.

11.   Penalties in the event of failure to perform the contract: The air carrier is responsible for performance of its contractual obligations. In the event of failure to perform, or incomplete performance of, the contract by the air carrier for reasons attributable to it, the awarding authority is entitled to reduce the compensation payment proportionately. The awarding authority reserves the right to claim damages.

12.   Final date for submission of tenders: Tenders must be submitted no later than 33 calendar days after the publication of this notice in the Official Journal of the European Union.

13.   Submission of tenders: Tenders must be delivered to the registry of the Government of Åland during the office hours indicated below no later than the date stipulated in point 12.

Tenders must be submitted in a sealed envelope marked ‘Anbud flygtrafik MHQ-ARN’.

They may be sent by post or messenger or delivered personally to the Government of Åland at the address given in point 5.

The office address of the Government of Åland is Självstyrelsegården, Strandgatan, FIN-Mariehamn, Åland.

The office hours of the Government of Åland are 08:00-16:15 Monday-Friday.

The tender and all documentation must be in Swedish or English and submitted in one original with two complete sets of copies.

The tender shall be valid up to and including 15.9.2006.

Tenders sent by fax or e-mail will not be accepted.

14.   Validity of the tender procedure: In accordance with Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of the tender procedure is subject to the condition that no air carrier has commenced or is about to commence scheduled air services on the route in question. Air carriers intending to operate the route in question with effect from 14.8.2006 in accordance with the public service obligation, without enjoying exclusive rights, without receiving any financial compensation, and with a guarantee to provide a service for at least six months must apply to the Civil Aviation Administration (Luftfartsförvaltningen) in Finland or the Civil Aviation Agency (Luftfartsstyrelsen) in Sweden no later than the time limit for the submission of tenders. The Government of Åland shall be responsible for examining the application.

If such an application is made, and the Government of Åland finds that the air carrier's approach is such that the requirements of the public service obligation are met, this tender procedure shall not apply.

If this is not the case, the Government of Åland shall limit access to the route to a single carrier. If an air carrier makes an application as referred to above, it shall not also have the right to submit a tender under this invitation to tender. If it does so, the Government of Åland shall be entitled to disregard both the tender and the application.