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98 EN Official Journal of the European Communities C 268/31

Operation of scheduled air services
Invitation to tender issued by Portugal under Article 4(1)(d) of Council Regulation (EEC)
NoØ2408/92 in respect of the operation of scheduled air services between Funchal and Ponta
(98/C 268/19)
(Text with EEA relevance)

1. Introduction requirements of flight schedules, but they remain
responsible for complying with their obligations.

In pursuance of Article 4(1)(a) of Regulation (EEC)
NoØ2408/92 of 23.Ø7.Ø1992 on access for Community air 4. Procedure
carriers to intra-Community air routes, Portugal has
decided to impose public service obligations in respect of This invitation to tender is subject to points d), e), f),
scheduled air services operated between Funchal and g), h) and i) of Article 4(1) of Regulation (EEC)
Ponta Delgada. NoØ2408/92.

The standards required by these public service obli- 5. Tender dossier
gations were published in Official Journal of the European
Communities NoØCØ267 of 26.Ø8.Ø1998. The complete tender dossier, comprising the specific
rules governing the invitation to tender, may be obtained
free of charge from:
In so far as by 31.Ø10.Ø1998, no air carrier has applied to
operate scheduled air services on the abovementioned
route in accordance with the public service obligations Instituto Nacional da Aviaç}o Civil, Rua B, Edifòcio 4,
imposed and without requesting financial compensation, Aeroporto de Lisboa, P-1700 Lisbon.
Portugal has decided, in accordance with the procedure
laid down by Article 4(1)(d) of that regulation, to limit
6. Financial compensation
access to that route to only 1 air carrier and to offer by
public tender the right to operate that service from
1.Ø1.Ø1999. Candidates must submit bids for the provision The tenders submitted will explicitly indicate the amount
of services on the abovementioned route, as set out in required by way of compensation for operating the
this invitation to tender. service for 3 years from the scheduled starting date (with
an annual breakdown). The exact amount of compen-
sation finally granted will be determined 6 monthly
2. Object of invitations to tender 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
Operation from 1.Ø1.Ø1999 of scheduled air services shall include charges arising out of the public service fare
between: Funchal and Ponta Delgada. obligations published in Official Journal of the European
Communities NoØCØ267 of 26.Ø8.Ø1998 for carrying
passengers and freight to and from airports in the Azores
In accordance with the public service obligations having no direct scheduled service to the mainland or
imposed on those routes and published in Official Journal Funchal by any operator of the corresponding air service
of the European Communities NoØCØ267 of 26.Ø8.Ø1998. within the autonomous region of the Azores.

7. Fares
3. Participation
Tenderers’ bids must indicate the planned fares, which
Participation is open to all air carriers holding a valid must be in accordance with the public service obligations
operating licence issued by a Member State under published in the Official Journal of the European
Council Regulation (EEC) NoØ2407/92 of 23.Ø7.Ø1992, Communities NoØCØ267 of 26.Ø8.Ø1998.
on licensing of air carriers, and an appropriate air
operator’s certificate.
8. Duration, amendment and termination of contract

Air carriers will be permitted to subcontract to other air The contract shall enter into force on 1.Ø1.Ø1999 and end
carriers, in accordance with the applicable legislation and on 31.Ø12.Ø2001. The performance of the contract shall be
regulations, any additional capacity needed to meet the subject to an annual examination, in cooperation with
C 268/32 EN Official Journal of the European Communities 27.8.98

the carrier, during November and December. The 10. Submission of tenders
amount of the financial compensation may be revised in
the event of unforeseen changes in the operating Tenders must be sent by registered letter with acknowl-
conditions. edgement of receipt, the postmark serving as proof, or
delivered by hand with receipt, to the following address:
9. Penalties Instituto Nacional de Aviaç}o Civil, Rua B, Edifòcio 4,
Aeroporto de Lisboa, P-1700 Lisbon,
Should the carrier be unable to operate the service owing
to force majeure, the amount of the financial compen- within 30 days of the date of publication of this invi-
sation may be reduced in proportion to flights not tation to tender in the Offical Journal of the European
operated. Communities. Tenders must be submitted before 17.00
(local time) on the closing date.
Should the carrier fail to operate the services for reasons
other than force majeure or if he fails to fulfil the public 11. Validity of invitation to tender
service obligations, the Portuguese authorities may:
In accordance with the first sentence of Article 4(1)(d) of
Regulation (EEC) NoØ2408/92, the validity of this invi-
—Ùreduce the amount of financial compensation in tation to tender is subject to the condition that no
proportion to flights not operated, Community carrier eligible to operate the service in
question presents by 31.Ø10.Ø1998 an application to
—Ùrequest explanations from the carrier and, should operate the routes in question as from 1.Ø1.Ø1999, in
these prove unsatisfactory, terminate the contract accordance with the public service obligations imposed,
without notice and claim compensation for damages. without receiving any financial compensation.