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21.5.

2003 EN Official Journal of the European Union C 119/21

Operation of scheduled air services between Paris (Orly) and Figari

Invitation to tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No
2408/92 for the operation of scheduled air services between Paris (Orly) and Figari
(2003/C 119/12)

(Text with EEA relevance)

1. Foreword: In accordance with Article 4(1)(a) of Council Office des Transports de la Corse (Corsican Transport
Regulation (EEC) No 2408/92 of 23 July 1992 on access Board), 19, route de Sartène, quartier Saint-Joseph, BP
for Community air carriers to intra-Community air routes 501, F-20186 Ajaccio Cedex.
and pursuant to the decisions of the Corsican regional
authorities of 25 January 2002 and 24 March 2003,
France has imposed public service obligations on specific
scheduled air services operated between Paris (Orly) and 6. Financial compensation: Tenders must explicitly indicate
Corsica. The public service obligations in force as from 26 the amount required by way of compensation for
October 2003 were published in the Official Journal of the operating this service, from 26 October 2003 until the
European Communities C 85 of 9 April 2002 and were day before the start of the 2005/2006 winter scheduling
amended as published in the Official Journal of the season (with two annual breakdowns for the following
European Communities C 118 of 20.5.2003. twelve-month periods: from the first day of the
2003/2004 winter scheduling season, i.e. 26 October
2003, to the day before the start of the 2004/2005
winter scheduling season, and from the first day of the
2004/2005 winter scheduling season to the day before the
If on 26 September 2003 no air carrier has commenced start of the 2005/2006 winter scheduling season).
or is about to commence operating scheduled air services
in accordance with the public service obligations imposed
on the route Paris (Orly) - Figari and without requesting
financial compensation, France has decided, in accordance The exact amount of compensation finally granted will be
with the procedure laid down in Article 4(1)(d) of the determined for each of the twelve-month periods ex-post
abovementioned regulation, to limit access to this route on the basis of the documented costs and revenue actually
to a single air carrier and to offer the right to operate such generated by the service, within the limits of, firstly, the
services from 26 October 2003 by public tender. amount given in the tender and, secondly, the amount of
38 EUR per fare-paying passenger carried for each route.

2. Subject of the invitation to tender: As from 26 October 7. Fares: Tenders must indicate the proposed fare structure,
2003, provision of scheduled air services in accordance which must comply with the public service obligations in
with the public service obligation imposed on the route force.
Paris (Orly) - Figari.

8. Duration, amendment and termination of the


contract: The contract will commence on 26 October
2003. It will end no later than the day before the start
3. Participation in the tender procedure: Participation is of the 2005/2006 winter scheduling season.
open to all Community air carriers who hold a valid
operating licence issued in accordance with Council Regu-
lation (EEC) No 2407/92 of 23 July 1992 on licensing of
air carriers. The operation of the contracted services will be the
subject of an annual examination in cooperation with
the carrier during the two months following the anni-
versary of the starting date.

4. Tender procedure: The invitation to tender is subject to


the provisions of Article 4(1)(d), (e), (f), (g), (h) and (i) of
Council Regulation (EEC) No 2408/92. Any amendment to the contract must comply with the
public service obligations in force on 26 October 2003.
Any amendment to the contract will take the form of a
supplementary contract.

5. Tender dossier: The full tender dossier, including the


public service delegation agreement and the specific
rules for this invitation to tender, is obtainable free of The contract may be terminated by the carrier only after
charge from: he has given six months' advance notice.
C 119/22 EN Official Journal of the European Union 21.5.2003

9. Failure to honour the contract: The carrier will be 10. Presentation of tenders:
responsible for the proper performance of his obligations
under the contract. In the event of failure to perform such Tenders must be handed in at the following address before
obligations properly for reasons other than force majeure, 17.00 (local time):
i.e. abnormal and unforeseeable circumstances beyond his
control which the carrier has been unable to overcome Office des Transports de la Corse, 19, route de Sartène,
despite taking all reasonable measures to do so, the quartier Saint-Joseph, BP 501, F-20186 Ajaccio Cedex,
contract may be terminated without advance notice by
the Corsican Transport Board.
at the latest five weeks from the date of publication of this
invitation to tender in the ‘Supplement to the Official
Journal of the European Communities’; a receipt must be
Failure to perform contractual obligations properly may obtained.
give rise to the payment of damages and interest to
compensate for the injury suffered by the island 11. Validity of the invitation to tender: In accordance with
community. The amount of such damages shall be fixed the first sentence of Article 4(1)(d) of Regulation (EEC) No
by the competent courts. 2408/92, the validity of this invitation to tender is subject
to the condition that no Community carrier presents by
26 September 2003 (one month being a reasonable period
Without prejudice to any claim for damages and interest, of advance notice) an operating schedule for the route in
any interruption in services will give rise to a reduction in question from 26 October 2003 in accordance with the
the amount of financial compensation in proportion to public service obligation imposed, without receiving any
the number of flights which are not operated. financial compensation.