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29.1.

2000 EN Official Journal of the European Communities C 27/27

9. Termination of contract and notice number of flights made with a capacity lower than that
required, the number of flights which failed to comply with
The contract may be cancelled by either contracting party the public service obligation as regards stopovers, the number
before the end of the normal period of validity by giving 6 of days on which the public service obligation was not
months' advance notice. Should the carrier fail to comply with complied with as regards the day-trip length of stay, and the
a public service obligation, he shall be deemed to have use of computerized reservation services.
terminated the contract without notice if he fails to resume
the service in accordance with the public service obligation 11. Submission of tenders
within 1 month of the serving of formal notice.
Tenders must be sent by registered letter with acknowl-
10. Penalties edgement of receipt, date as postmarked, or delivered by
hand with receipt, at the earliest 1 month and at the latest 5
Failure by the carrier to observe the period of notice referred
weeks after the date of publication of this invitation to tender
to in 9 will be subject either to an administrative fine of up to
in Official Journal of the European Communities before 17.00, local
50 000 FRF (7 622,45 EUR) pursuant to Article R.330-20 of
time, to the following address:
the Civil Aviation Code, or to a penalty calculated on the basis
of the number of months of default and the real operating loss
of the service during the year in question, not exceeding the Chambre de commerce et d'industrie de Saint-Etienne et Mont-
maximum financial compensation provided for in 6. brison, Direction générale, 57, cours Fauriel, F-42024 Saint-
Etienne Cedex 2.
In the event of serious breaches of the public service obli-
gation, the contract may be cancelled and the carrier deemed 12. Validity of the invitation to tender
to have terminated the contract without notice.
In accordance with Article 4(1)(d) of Regulation (EEC) No
In the event of minor breaches of the public service obligation, 2408/92, the validity of this invitation to tender is subject to
the maximum financial compensation provided for in 6 shall the condition that no Community carrier presents, by
be reduced, without prejudice to the application of the 8.4.2000, a programme for operating the route in question
provisions of Article R.330-20 of the Civil Aviation Code. from 9.5.2000 in accordance with the public service obligation
Such reductions shall take account, where appropriate, of the imposed, without receiving any financial compensation.

Operation of scheduled air services

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 Saint-Étienne (Bouthéon) and Lille

(2000/C 27/11)
(Text with EEA relevance)

1. Introduction to limit access to a single air carrier and to offer the right to
operate such services from 9.5.2000 by public tender.
Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of
23.7.1992, on access for Community air carriers to intra-Com- 2. Subject of the invitation to tender
munity air routes, France has decided to impose a public
service obligation on scheduled air services between Saint- Operation from 9.5.2000 of scheduled air services between
Étienne (Bouthéon) and Lille. The standards required by this Saint-Étienne (Bouthéon) and Lille in accordance with the
public service obligation were published in the Official Journal public service obligation imposed on this route, as published
of the European Communities C 24 of 28.1.2000. in the Official Journal of the European Communities C 24 of
28.1.2000.

If on 8.4.2000 no air carrier has commenced or is about to 3. Participation in the invitation to tender
commence operating scheduled air services between Saint-
Étienne (Bouthéon) and Lille in accordance with the public Participation is open to all carriers who hold a valid operating
service obligation imposed and without requesting compen- licence by a Member State in accordance with Council Regu-
sation, France has decided, in accordance with the procedure lation (EEC) No 2407/92 of 23.7.1992, on licensing of air
laid down in Article 4(1)(d) of the abovementioned Regulation, carriers.
C 27/28 EN Official Journal of the European Communities 29.1.2000

4. Tender procedure 9. Termination of contract and notice

This invitation to tender is subject to the provisions of Article The contract may be cancelled by either contracting party
4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92. before the end of the normal period of validity by giving 6
months' advance notice. Should the carrier fail to comply with
a public service obligation, he shall be deemed to have
5. Tender dossier terminated the contract without notice if he fails to resume
the service in accordance with the public service obligation
The full tender dossier, including the specifie rules for this within 1 month of the serving of formal notice.
invitation to tender and the public service delegation
agreement and its technical annex (text of the public service
obligation published in the Official Journal of the European 10. Penalties
Communities) is obtainable free of charge from:
Failure by the carrier to observe the period of notice referred
to in 9 will be subject either to an administrative fine of up to
Chambre de commerce et d'industrie de Saint-Étienne et Mont- 50 000 FRF (7 622,45 EUR), pursuant to Article R.330-20 of
brison, direction de l'exploitation, aéroport de Saint-Étienne, the Civil Aviation Code, or to a penality calculated on the basis
F-42160 Andrézieux-Bouthéon, tel. (33) 4 77 55 71 71, of the number of months of default and the real operating loss
facsimile (33) 4 77 55 71 79. of the service during the year in question, not exceeding the
maximum financial compensation provided for in 6.

6. Financial compensation
In the event of serious breaches of the public service obli-
Tenders must explicity state the amount of compensation gation, the contract may be cancelled and the carrier deemed
required for the operation of the route for 3 years from the to have terminated the contract without notice.
planned date of commencement of operation (with an annual
breakdown). The exact amount of compensation finally granted
will be determined annually ex-post on the basis of the costs In the event of minor breaches of the public service obligation,
and revenue actually generated by the service, within the limits the maximum financial compensation provided for in point 6
of the amount stated in the tender. This maximum limit may shall be reduced, without prejudice to the application of the
be revised only in the event of unforeseen changes in operating provisions of Article R.330-20 of the Civil Aviation Code. Such
conditions. reductions shall take account, where appropriate, of the
number of flights made with a capacity lower than that
required, the number of flights which failed to comply with
The annual payments will be made in the form of instalments the public service obligation as regards stopovers, the number
and a balance. The balance will be paid only after approval of of days on which the public service obligation was not
the carrier's accounts for the route in question and verification complied with as regards the day-trip length of stay, and the
that the service has been operated in accordance with the use of computerized reservation services.
conditions laid down in 8 below.

11. Submission of tenders


In the event of termination of the contract before its normal
expiry date, point 8 will be applied as soon as possible to allow Tenders must be sent by registered letter with acknowlegement
payment to the carrier of the balance due, the maximum of receipt, date as post-marked, or delivered by hand with
amount referred to in the first subparagraph being reduced, receipt, at the earliest 1 month and at the latest 5 weeks
where appropriate, in proportion to the actual duration of after the date of publication of this invitation to tender in
the service. the Official Journal of the European Communities, before
17.00 (local time), to the following address:

7. Duration of the contract


Chambre de commerce et d'industrie de Saint-Étienne et Mont-
The duration of the contract (public service delagation brison, direction générale, 57, cours Fauriel, F-42024 Saint-
agreement) is 3 years from the date scheduled for the Etienne Cedex 2.
beginning of the services mentioned in point 2 of this invi-
tation to tender.
12. Validity of the invitation to tender

8. Verification of the operation of the service and of the In accordance with Article 4(I)(d) of Regulation (EEC) No
carrier's accounts 2408/92, the validity of this invitation to tender is subject to
the condition that no Community carrier presents by 8.4.2000
The operation of the service and the carrier's cost accounting a programme for operating the route in question from
for the route in question will be the subject of at least an 9.5.2000 in accordance with the public service obligation
annual examination in cooperation with the carrier. imposed, without receiving any financial compensation.