1.
Introduction: Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, France has decided to impose a public service obligation on scheduled air services between Bergerac (Roumanière) and Paris (Orly). The standards required by this public service obligation were published in Official Journal C 18 of 22.1.2002.
If on 25 March 2002 no air carrier has commenced or is about to commence operating scheduled air services between Bergerac (Roumani_Aere) and Paris (Orly) in accordance with the public service obligation imposed and without requesting compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the above-;mentioned Regulation, to limit access to only one air carrier and to offer the right to operate such services from 25 April 2002 by public tender.
2.
Subject of the invitation to tender: Operation from 25 April 2002 of scheduled air services between Bergerac (Roumani_Aere) and Paris (Orly) in accordance with the public service obligation imposed on this route, as published in Official Journal C 18 of 22.1.2002.
3.
Participation in the invitation to tender: Participation is open to all carriers who hold 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.
4.
Tender procedure: This invitation to tender is subject to the provisions of Article 4(1)(d)-(i) of Regulation (EEC) No 2408/92.
5.
Tender dossier: The full tender dossier, including the specific rules for this invitation to tender and the public service delegation agreement and its technical annex (text of the public service obligation published in the Official Journal of the European Communities) is obtainable free of charge from:
Syndicat mixte Air Dordogne, Hôtel du Département, 2, rue Paul Louis Courrier, F-24019 Périgueux Cedex. Tel.: 5 53 02 20 51. Fax: 5 53 03 46 54;
or,
Chambre de commerce et d'industrie de Bergerac, 16, boulevard Maine de Biran, F-24100 Bergerac. Tel.: 5 53 63 81 81. Fax: 5 53 37 33 30.
6.
Financial compensation: Tenders must explicitly state the amount of compensation required for the operation of the route for three years from the planned date of commencement of operation (with an annual breakdown). The exact amount of compensation finally granted will be determined annually ex post on the basis of the costs and revenue actually generated by the service, within the limits of the amount stated in the tender. This maximum limit may be revised only in the event of unforeseen changes in operating conditions.
The annual payments will be made in the form of instalments and a balance. The balance will be paid only after approval of the carrier's accounts for the route in question and verification that the service has been operated in accordance with the conditions laid down in point 8.
In the event of termination of the contract before its normal expiry date, point 8 will be applied as soon as possible to allow payment to the carrier of the balance due, the maximum amount referred to in the first subparagraph being reduced, where appropriate, in proportion to the actual duration of the service.
7.
Duration of the contract: The duration of the contract (public service delegation agreement) is three years from the date scheduled for the beginning of the services mentioned in point 2 of this invitation to tender.
8.
Verification of the operation of the service and of the carrier's accounts: The operation of the service and the carrier's cost accounting for the route in question will be examined at least once a year in cooperation with the carrier.
9.
Termination of contract and notice: The contract may be cancelled by either contracting party before the end of the normal period of validity by giving six months' notice. Should the carrier fail to comply with a public service obligation, he shall be deemed to have terminated the contract without notice if he fails to resume the service in accordance with the public service obligation within one month of the serving of formal notice.
10.
Penalties: Failure by the carrier to observe the period of notice referred to in point 9 will be subject either to an administrative fine of up to 7622,45 EUR pursuant to Article R.330-20 of the Civil Aviation Code, or to a penalty calculated on the basis of the number of months of default and the real operating loss of the service during the year in question, not exceeding the maximum financial compensation provided for in point 6.
In the event of serious breaches of the public service obligation, the contract may be cancelled and the carrier deemed to have terminated the contract without notice.
In the event of minor breaches of the public service obligation, the maximum financial compensation provided for in point 6 shall be reduced, without prejudice to the application of the provisions of Article R.330-20 of the Civil Aviation Code. Such reductions shall take account, as appropriate, of the number of flights cancelled for reasons directly attributable to the carrier, the number of flights made with less than the required capacity, the number of flights which failed to comply with the public service obligation as regards stopovers, and the number of days on which the public service obligation was not complied with regarding time at destination, fares charged or the use of computerized reservation services.
11.
Submission of tenders: Tenders must be sent by registered letter with acknowledgement of receipt, date as postmarked, or delivered by hand with receipt, at the latest five weeks after the date of publication of this invitation to tender in the
Official Journal of the European Communities
before 17.00 (local time) to the following address:
Syndicat mixte Air Dordogne, Hôtel du Département, 2, rue Paul Louis Courrier, F-24019 Périgueux Cedex. Tel.: 5 53 02 20 51. Fax: 5 53 03 46 54.
Or,
Chambre de commerce et d'industrie de Bergerac, 16, boulevard Maine de Biran, F-24100 Bergerac. Tel.: 5 53 63 81 81.Fax: 5 53 37 33 30.
12.
Validity of the invitation to tender: In accordance with 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 carrier presents by 25 March 2002 a programme for operating the route in question from 25 April 2002 in accordance with the public service obligation imposed, without receiving any compensation.