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27.8.

98

EN

Official Journal of the European Communities

C 268/27

Operation of scheduled air services Invitation to tender issued by Portugal under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services between Lisbon and Terceira (98/C 268/17)
(Text with EEA relevance)

1. Introduction In pursuance of Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23. 7. 1992 on access for Community air carriers to intra-Community air routes, Portugal has decided to impose public service obligations in respect of scheduled air services operated between Lisbon and Terceira. The standards required by these public service obligations were published in Official Journal of the European Communities No C 267 of 26. 8. 1998. In so far as by 31. 10. 1998, no air carrier has applied to operate scheduled air services on the abovementioned route in accordance with the public service obligations imposed and without requesting financial compensation, Portugal has decided, in accordance with the procedure laid down by Article 4(1)(d) of that regulation, to limit access to that route to only 1 air carrier and to offer by public tender the right to operate that service from 1. 1. 1999. Candidates must submit bids for the provision of services on the abovementioned route, as set out in this invitation to tender.

requirements of flight schedules, but they remain responsible for complying with their obligations. 4. Procedure This invitation to tender is subject to points d), e), f), g), h) and i) of Article 4(1) of Regulation (EEC) No 2408/92. 5. Tender dossier The complete tender dossier, comprising the specific rules governing the invitation to tender, may be obtained free of charge from: Instituto Nacional da Aviaç o Civil, Rua B, Edif cio 4, Aeroporto de Lisboa, P-1700 Lisbon. 6. Financial compensation The tenders submitted will explicitly indicate the amount required by way of compensation for operating the service for 3 years from the scheduled starting date (with an annual breakdown). The exact amount of compensation finally granted will be determined 6 monthly ex-post on the basis of the proven costs and revenue actually generated by the service, within the limits of the amount given in the tender. Calculations of expenses shall include charges arising out of the public service fare obligations published in Official Journal of the European Communities No C 267 of 26. 8. 1998 for carrying passengers and freight to and from airports in the Azores having no direct scheduled service to the mainland or Funchal by any operator of the corresponding air service within the autonomous region of the Azores. 7. Fares Tenderers’ bids must indicate the planned fares, which must be in accordance with the public service obligations published in the Official Journal of the European Communities No C 267 of 26. 8. 1998. 8. Duration, amendment and termination of contract The contract shall enter into force on 1. 1. 1999 and end on 31. 12. 2001. The performance of the contract shall be subject to an annual examination, in cooperation with

2. Object of invitations to tender Operation from 1. 1. 1999 of scheduled air services between: Lisbon and Terceira. In accordance with the public service obligations imposed on those routes and published in Official Journal of the European Communities No C 267 of 26. 8. 1998.

3. Participation Participation is open to all air carriers holding 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, and an appropriate air operator’s certificate. Air carriers will be permitted to subcontract to other air carriers, in accordance with the applicable legislation and regulations, any additional capacity needed to meet the

C 268/28

EN

Official Journal of the European Communities

27.8.98

the carrier, during November and December. The amount of the financial compensation may be revised in the event of unforeseen changes in the operating conditions. 9. Penalties Should the carrier be unable to operate the service owing to force majeure, the amount of the financial compensation may be reduced in proportion to flights not operated. Should the carrier fail to operate the services for reasons other than force majeure or fail to fulfil the public service obligations, the Portuguese authorities may: — reduce the amount of financial compensation in proportion to flights not operated, — request explanations from the carrier and, should these prove unsatisfactory, terminate the contract without notice and claim compensation for damages.

10. Submission of tenders Tenders must be sent by registered letter with acknowledgement of receipt, the postmark serving as proof, or delivered by hand with receipt, to the following address: Instituto Nacional de Aviaç o Civil, Rua B, Edif cio 4, Aeroporto de Lisboa, P-1700 Lisbon, within 30 days of the date of publication of this invitation to tender in the Offical Journal of the European Communities. Tenders must be submitted before 17.00 (local time) on the closing date. 11. Validity of invitation to tender In accordance with the first sentence of 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 eligible to operate the service in question presents by 31. 10. 1998 an application to operate the routes in question as from 1. 1. 1999, in accordance with the public service obligations imposed, without receiving any financial compensation.