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C 123/22 EN Official Journal of the European Union 24.5.

2003

Operation of scheduled air services

Invitation to tender issued by the Federal Republic of Germany pursuant to Article 4(1)(d) of
Council Regulation (EEC) No 2408/92 for the operation of scheduled air services on the Erfurt-
Berlin/Tempelhof, Erfurt-Cologne/Bonn and Erfurt-Hamburg routes
(2003/C 123/12)

(Text with EEA relevance)

1. Introduction: Pursuant to Article 4(1)(a) of Regulation 5. Tender dossier: The full tender dossier, including the
(EEC) No 2408/92 of 27 July 1992 on access for technical specifications, the terms of contract and details
Community air carriers to intra-Community air routes, regarding the public service obligation, is obtainable free
the German Government has decided to impose a public of charge from:
service obligation in respect of scheduled air services on
the Erfurt-Berlin/Tempelhof, Erfurt-Cologne and Erfurt-
Hamburg routes with effect from 1 August 2003. The
details of this public service obligation were published in Thüringer Ministerium für Wirtschaft, Arbeit und Infra-
the ‘Official Journal of the European Union’ No C 122 of struktur, Referat Luftverkehr, Max-Reger-Str. 4-8,
23.5.2003. If by 1 July 2003 no air carrier has D-99096 Erfurt. Fax: (0361) 37 97 86 49.
submitted written proof of commencement of scheduled
flights as of 1 August 2003 to the Thüringer Ministerium
für Wirtschaft, Arbeit und Infrastruktur (Thuringian
Ministry for Economic Affairs, Employment and Infra- 6. Financial compensation: Tenders must explicitly state the
structure) in accordance with the public service obligation amount of compensation required for the operation of
imposed and without requesting compensation, Germany services on the routes concerned for a period of three
will, in accordance with the procedure laid down in years from the planned date of commencement of
Article 4(1)(d) of the abovementioned regulation, limit service (with an annual breakdown).
access to these routes to a single air carrier and put out
the right to operate such services from 1 August 2003 to
public tender.
7. Fares: The tenders submitted must indicate the proposed
fares and the conditions attached to them. The fares must
be in agreement with the public service obligation
published in the ‘Official Journal of the European Union’
No C 122 of 23.5.2003.
2. Subject of the invitation to tender: Operation of
scheduled air services on the Erfurt-Berlin/Tempelhof,
Erfurt-Cologne and Erfurt-Hamburg routes in accordance
with the public service obligation imposed in respect of 8. Duration, alteration and termination of contract: The
these routes, as published in the ‘Official Journal of the contract commences on 1 August 2003 and ends at the
European Union’ No C 122 of 23.5.2003. latest on 31 July 2006.

The contract may only be altered if the changes are in


agreement with the public service obligation published in
3. Participation in the invitation to tender: Participation is the ‘Official Journal of the European Union’ No C 122 of
open to all carriers who hold a valid operating licence 23.5.2003. Changes to the contract must be put in
issued by a Member State in accordance with Council writing.
Regulation (EEC) No 2407/92 of 23 July 1992 on
licensing of air carriers.
The contract may be terminated by either party subject to
six months' notice. This is without prejudice to the right
of extraordinary termination of contract without notice
for serious reasons.
4. Procedure: This invitation to tender is subject to the
provisions of Article 4(1)(d)-(i) of Council Regulation
(EEC) No 2408/92.
9. Failure to perform the contract/contractual penalties:
The air carrier is responsible for the proper fulfilment of
his contractual obligations. In the event of failure to
comply with, or the incomplete performance of, the
contractual obligations by the air carrier, the provider of
Tenderers are bound by their tender until the contract is the compensation is entitled to reduce the compensation
awarded. The contract will be awarded only for a tender payment proportionately. This may also apply where
which is economically acceptable in its entirety. damage has been caused.
24.5.2003 EN Official Journal of the European Union C 123/23

10. Submission of tenders: Tenders must be sent by 11. Validity of the invitation to tender: The validity of this
registered letter, or delivered by hand with receipt, to invitation to tender is subject to the condition that, by 1
the following address: July 2003, no EU air carrier has applied for a licence to
operate the air services concerned as from 1 August 2003
Thüringer Ministerium für Wirtschaft, Arbeit und Infra- in accordance with the public service obligation and
struktur, Referat Luftverkehr, Max-Reger-Str. 4-8, without requesting financial compensation.
D-99096 Erfurt.
Tenders must be submitted at the latest one month after
the date of publication of this notice. All tenders must be
submitted in quadruplicate.