CLYDE & HEBRIDESLIFELINE FERRY SERVICES –SCOTTISH EXECUTIVE’S CONSIDERATIONOF THE REQUIREMENT TO TENDER

CLYDE AND HEBRIDES LIFELINE FERRY SERVICESSCOTTISH EXECUTIVE’S CONSIDERATIONOF THE REQUIREMENT TO TENDER

CONTENTSPage No.Summary of Scottish Executive’s Consideration of Requirement to Tender

Background-

Policy Objectives-

Position in EU Member States-

Revised Guidelines-

Are there Alternatives to Tendering?-

Conclusion-

Next Steps-

Staffing and Employment Issues-

Gourock-Dunoon111225567

AnnexesAnnex A - Alternatives to Tendering which have been considered bythe Scottish Executive

Background-

(A) The Status Quo-

(B) Altmark -

(D) Clyde and Hebrides service brought ‘in-house’ byScottish Ministers-

(E) Management Contract-

(F) Professor Kay’s 5 part proposal which he suggestedwould meet the 4 Altmark criteria-

(G) Meeting Underlying Objectives of EU rules – meeting the Spirit of the Treaty-

(H) Proposal that the 1973 Undertaking between theExecutive and Caledonian MacBrayne was an ‘existing public service contract’ as described in Article 4, paragraph 3 of the Maritime Cabotage Regulation and,therefore, pre-date the requirements of the 1992Maritime Cabotage Regulation-

(I) Effect of July 2005 Commission Decision in relationto Services of General Economic Interest (SGEIs)89910111212141515

Annex B - The Scottish Executive’s Consideration of the AcademicPapers submitted to the Local Government and TransportCommittee

The Proposed Tendering of Clyde and Hebrides FerryServices: Problems and an Alternative Proposal(Professor Neil Kay)-

Competing for the island lifeline: European Law, stateaid and regional public services (Dr Paul Bennett)171820