CONTENTSPage No.Summary of Scottish Executive’s Consideration of Requirement to Tender
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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
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Background-
(A) The Status Quo-
(B) Altmark -
(C) New Scheme where subsidy is available to allCommunity shipowners-
(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
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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
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