Operation of Scheduled Air Services Invitation to Tender

13.12.2000EN Official Journal of the European Communities C 357/21

Operation of scheduled air services

Invitation to tender issued by the United Kingdom under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services between the Shetland Mainland (Tingwall/Sumburgh) and the islands of Foula, Fair Isle, Out Skerries et Papa Stour (2000/C 357/13)

(Text with EEA relevance)

1. Introduction: In pursuance of Article 4(1)(a) of Regu- 5. Tender dossier/qualifications, etc.: lation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, the United Kingdom has imposed public service obligations (PSOs) in respect of scheduled air services The complete tender documentation, including form of operated between Tingwall and Foula, Tingwall/Sumburgh tender, specification, conditions of contract/schedule to and Fair Isle, Tingwall and Out Skerries and Tingwall and the conditions of contract, as well as the text of the Papa Stour. The standards required by the public service original public service obligations published in the obligations were published in the Official Journal of the Official Journal of the European Communities No 97/C European Communities No 97/C 394/05 of 30.12.1997, as 394/05 of 30.12.1997, as modified in the Official Journal modified in the Official Journal of the European Communities of the European Communities No 2000/C 356 of 12.12.2000, No C 356 of 12.12.2000. may be obtained free of charge from the awarding authority as follows:

Shetland Islands Council, Infrastructure Services Insofar as by 1.3.2001 no air carrier has commenced or is Department Transport and Environment Services, about to commence scheduled air services between Grantfield, Lerwick, UK- ZE1 0NT, Shetland. Tel.: Tingwall and Foula, Tingwall/Sumburgh and Fair Isle, (44-1595) 74 48 00, Fax: (44-1595) 74 48 69, (contact: Tingwall and Out Skerries and Tingwall and Papa Stour Ian Bruce, Transport Officer). in accordance with the PSOs imposed and without requesting compensation, the United Kingdom has decided, in accordance with the procedure laid down in Article 4(1)(d) of the abovementioned Regulation, to Airlines will be required to include in their documents, continue to limit access to the routes to a single air evidence of their financial standing (an annual report carrier and to offer the right to operate such services and audited accounts for the past 3 years must be from 1.4.2001 by public tender. provided and must include turnover and pre-tax profit for the past 3 years), previous experience and technical capability to provide the services described. The awarding authority reserves the right to solicit further information about any applicant’s financial ant technical 2. Object of invitation to tender: Operation from 1.4.2001 resources and abilities. of scheduled air services between Tingwall and Foula, Tingwall/Sumburgh and Fair Isle, Tingwall and Out Skerries and Tingwall and Papa Stour in accordance with the public service obligations imposed on the routes and Tenders should be priced in pounds sterling and all published in the Official Journal of the European Communities supporting documents must be in English. The contract No 97/C 394 of 30.12.1997, as modified in the Official will be considered as a contract made under Scottish law Journal of the European Communities No C 356 of and subject to the exclusive jurisdiction of the Scottish 12.12.2000. courts.

6. Financial compensation: 3. Participation: Participation is open to all air carriers holding a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No The tenders submitted should indicate the amount required 2407/92 on 23.7.1992 on licensing of air carriers. The by way of grant for operating the services for 1 year from services will operate under the Civil Aviation Authority the scheduled starting date. The grant should be calculated (CAA) regulatory regime. in accordance with the specification. The maximum limit finally granted may be revised only in the event of an unforeseen change in the operating conditions.

4. Tender procedure: This invitation to tender is subject to the provisions of Article 4(1) (d)-(i) of Regulation (EEC) No The contract will be awarded by Shetland Islands Council. 2408/92. All payments under the contract will be in pounds sterling. C 357/22EN Official Journal of the European Communities 13.12.2000

7. Period of validity, amendment and termination of the An explanation from the carrier for such non-operation is contract: A 1-year contract commencing 1.4.2001 will also required in accordance with the conditions of terminate on 31.3.2002. Any amendment or termination contract. of the contract will be in accordance with the conditions of contract. Variations in the services will be permitted 9. Deadline for submission of bids: 1 month after the date only with the agreement of the awarding authority. of publication of the notice.

10. Application procedure: Tenders must be sent to the 8. Penalties in the event of the carrier failing to comply following address: with the contract: In the event of the carrier failing to operate a flight for any reason then, subject as aftermen- Shetland Islands Council, Head of Legal and Administrative tioned, Shetland Islands Council may reduce the grant on a Services, 4 Market Street, UK-Lerwick ZE1 0JN, Shetland. pro rata basis for each occasion on which a flight is not operated provided that the Council shall not make any Persons admitted to open tenders are designated staff and such reduction in the grant where the failure to operate elected members from Shetland Islands Council. Tenders the flight is as a consequence of any of the following, and should not be delivered to the address stated in the appropriate occurrence has not arisen as a conse- paragraph 5. quence of the acts or omissions of the carrier: 11. Validity of invitation to tender: In accordance with weather; Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of the invitation to tender is subject to the condition that no Community air carrier presents, by closure of the airports; 1.3.2001, a programme for operating the routes in question from 1.4.2001 or before that date, in accordance security reasons; with the PSOs imposed, as amended, without receiving any subsidy. strikes; Shetland Islands Council reserves the discretion to refuse to accept any tender if, on appropriate grounds, none is reasons of safety. considered suitable for acceptance.