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C 289/16 EN Official Journal of the European Communities 17.9.

98

—ÙApplications must be submitted by 30 November 7.ÙSubsequent phases
1998 to the following address:
The granting of funding is subordinated to the budgetary
European Commission
authority’s decision to earmark appropriations for this
Directorate-General XXIV — Consumer Policy
purpose.
B 232
Rue de la Loi/Wetstraat 200
B-1049 Brussels After examination and selection and applications,
tenderers will be individually informed of the outcome of
—ÙAll the documents needed for each application must their application.
be sent in triplicate to the above address,

—ÙEach proposal must be sent by post, the date The Commission will publish the list of beneficiaries and
considered to be the date of submission being that the projects funded under this call, indicating the
postmarked. amount of financial support provided by the Community.

Operation of scheduled air services
Invitations to tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC)
NoØ2408/92 for the operation of scheduled air services between Montpellier and Ajaccio, and
Montpellier and Bastia

(98/C 289/09)

(Text with EEA relevance)

1. Introduction Candidates may tender for the provision of services on
both of the abovementioned routes and/or any other
routes leaving Corsican airports covered by an invitation
to tender published the same day in the Official Journal
Pursuant to the provisions of Article 4(1)(a) of Council
of the European Communities, particularly if by so doing
Regulation (EEC) NoØ2408/92 of 23.Ø7.Ø1992, on access
they reduce the overall amount of the compensation
for Community air carriers to intra-Community air
requested. Tenderers must nevertheless indicate clearly
routes, France has decided, in accordance with the
the amount of compensation required for each route,
decision of the Corsican regional authorities of
adjusted where appropriate depending on how many of
30.Ø7.Ø1998, to impose, from 1.Ø1.Ø1999, public service
their bids are accepted.
obligations on the scheduled air services between Mont-
pellier and Ajaccio, and Montpellier and Bastia. The
details of these public service obligations were published
in Official Journal of the European Communities 2. Object of invitations to tender
NoØCØ289, of 17.Ø9.Ø1998.

Operation from 1.Ø1.Ø1999 of scheduled air services on
Separate tenders are invited for each of the 2 routes: the 2 routes referred to in paragraph 1 above in
Montpellier-Ajaccio and Montpellier-Bastia. accordance with the public service obligations imposed
on those routes and published in Official Journal of the
European Communities NoØCØ289 of 17.Ø9.Ø1998.
In so far as by 1.Ø12.Ø1998, no air carrier has begun or is
about to begin operating scheduled air services on either
of these routes in accordance with the public service 3. Participation
obligations imposed and without requesting financial
compensation, France has decided, in accordance with
the procedure laid down by Article 4(1)(d) of that regu- Participation is open to all Community air carriers
lation, to limit access to that route to a single air carrier holding a valid operating licence issued under Council
and invite tenders for the right to operate those services Regulation (EEC) NoØ2407/92 of 23.Ø7.Ø1992 on
from 1.Ø1.Ø1999. licensing of air carriers.
17.9.98 EN Official Journal of the European Communities C 289/17

4. Procedure 9. Failure to fulfil the contract

Each of the invitations to tender is subject to points d),
e), f), g), h) and i) of Article 4(1) of Regulation (EEC) The carrier is responsible for proper performance of his
NoØ2408/92. obligations under the contract. Should the carrier fail to
perform or improperly perform the contract, for reasons
5. Tender dossier other than force majeure (i.e. circumstances which are
beyond the carrier’s control, abnormal and unfore-
The complete tender dossier, comprising the public seeable, and where the carrier’s due diligence has been to
service delegation agreement and the specific rules no avail), the Office des Transports de la Corse may
governing the invitation to tender, may be obtained free terminate the contract without notice.
of charge from:

Office des transports de la Corse, 19, route de Sartne, Failure to perform or improper performance of the
Quai Saint-Joseph, BPØ501, F-20186 Ajaccio Cedex. contract may give rise to compensation for damages
suffered by the island community. Such damages shall be
6. Financial compensation assessed by the competent court.

The tenders submitted must explicitly indicate the
amount required by way of compensation for operating Notwithstanding any claim for damages, any inter-
each service, from the scheduled starting date until the ruption of the services will result in the revision of the
day before the start of the 2001/2002 winter scheduling amount of the financial compensation in proportion to
season (with 2 annual breakdowns and a final flights not operated.
breakdown for the period from 1.Ø1.Ø2001 until the day
before the start of the 2001/2002 winter scheduling
season). The exact amount of compensation finally 10. Submission of tenders
granted will be determined annually 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
Tenders must be sent by registered letter with acknowl-
tender.
edgement of receipt, the postmark serving as proof, or
delivered by hand with receipt, to the following address:
7. Fares

Tenderers’ bids must indicate the planned fares, which Office des transports de la Corse, 19, route de Sartne,
must be in accordance with the public service obligations Quai Saint-Joseph, BPØ501, F-20186 Ajaccio Cedex,
published in Official Journal of the European Communities
NoØCØ289 of 17.Ø9.Ø1998.
within 30 days of the date of publication of this invi-
8. Duration, amendment and termination of contract tation to tender in the Official Journal of the European
Communities. Tenders must be submitted before 17.00
The contract shall enter into force on 1.Ø1.Ø1999 and end (locat time) on the closing date.
no later than the day before the 2001/2002 winter sche-
duling season.

Performance of the contract shall be subject to an annual 11. Validity of invitations to tender
examination, in cooperation with the carrier, during the
2 months preceding the anniversary of the start of
operations. In accordance with the first sentence of Article 4(1)(d) of
Regulation (EEC) NoØ2408/92, the validity of each invi-
The contract may be amended only in line with the tation to tender is subject to the condition that no
public service obligations published in Official Journal of Community air carrier presents by 1.Ø12.Ø1998 (allowing
the European Communities NoØCØ289 of 17.Ø9.Ø1998. Any a reasonable period of 1 month) a schedule to operate
amendment of the contract shall be set out in an the routes in question as from 1.Ø1.Ø1999, in accordance
amending clause. with the public service obligations imposed, without
receiving any financial compensation and without
The carrier must give 6 months’ notice of termination of requiring access to the routes to be restricted to a single
the contract. carrier.