CHAPTER IIIACCESS TO ROUTES
Article 17Public tender procedure for public service obligation
1.
The public tender required in Article 16(10) shall be conducted according to the procedure set out in paragraphs 2 to 10 of this Article.
F12.
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3.
The invitation to tender and the subsequent contract shall cover, inter alia, the following points:
(a)
the standards required by the public service obligation;
(b)
rules concerning amendment and termination of the contract, in particular to take account of unforeseeable changes;
(c)
the period of validity of the contract;
(d)
penalties in the event of failure to comply with the contract;
(e)
objective and transparent parameters on the basis of which compensation, if any, for the discharging of the public service obligations shall be calculated.
4.
F2The Secretary of State must ensure that an invitation to tender is made known through the publication of an information notice in the London, Edinburgh and Belfast Gazettes. The deadline for submission of tenders shall not be earlier than two months after the day of publication of such an information notice. F3....
5.
The information notice shall provide the following information:
F4(a)
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(b)
air route concerned;
(c)
period of validity of the contract;
(d)
complete address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation shall be made available F5...;
(e)
deadline for submission of tenders.
6.
F6The Secretary of State shall communicate without delay and free of charge any relevant information and documents requested by a party interested in the public tender.
7.
The selection among the submissions shall be made as soon as possible taking into consideration the adequacy of the service, including the prices and conditions which can be quoted to users, and the cost of the compensation required F7..., if any.
8.
F8An air carrier which has been selected under paragraph 7 may be compensated for adhering to the standards required by a public service obligation imposed under Article 16. Such compensation may not exceed the amount required to cover the net costs incurred in discharging each public service obligation, taking account of revenue relating thereto kept by the air carrier and a reasonable profit.
F99.
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F910.
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