Scottish Government

ISBN 0 7559 4799 1
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CONTENTS

Summary of Scottish Executive's Consideration of Requirement to Tender
Background
Policy Objectives
Position in EU Member States
Revised Guidelines
Are there Alternatives to Tendering?
Conclusion
Next Steps
Staffing and Employment Issues
Gourock-Dunoon
Annexes
Annex A - Alternatives to Tendering which have been considered by the Scottish Executive
Background
(A) The Status Quo
(B) Altmark
(C) New Scheme where subsidy is available to all Community shipowners
(D) Clyde and Hebrides service brought 'in-house' by Scottish Ministers
(E) Management Contract
(F) Professor Kay's 5 part proposal which he suggested would meet the 4 Altmark criteria
(G) Meeting Underlying Objectives of EU rules - meeting the Spirit of the Treaty
(H) Proposal that the 1973 Undertaking between the Executive and Caledonian MacBrayne was an 'existing public service contract' as described in Article 4, paragraph 3 of the Maritime Cabotage Regulation and, therefore, pre-date the requirements of the 1992 Maritime Cabotage Regulation
(I) Effect of July 2005 Commission Decision in relation to Services of General Economic Interest ( SGEIs)
Annex B - The Scottish Executive's Consideration of the Academic Papers submitted to the Local Government and Transport Committee
The Proposed Tendering of Clyde and Hebrides Ferry Services: Problems and an Alternative Proposal (Professor Neil Kay)
Competing for the island lifeline: European Law, state aid and regional public services (Dr Paul Bennett)
The Requirements of the European 'Cabotage' Regulation in relation to the General Treaty (Dr Paul Bennett)
The Financing of Lifeline Ferry Services to the Clyde and Hebrides (Jeanette Findlay)
Annex C - Staffing and Employment Issues
Transfer of Undertaking (Protection of Employment) Regulations 1981 (as amended) ( TUPE)
Off Shore Status
Pensions
Protection of Terms and Conditions
New Appointees
Clawback
2002 Protocol on Public Private Partnerships in Scotland (agreed by the Executive and the STUC)
Flagging (Registration) of Vessels
Service Specification Requirements in relation to Staffing
Language
Nationality of crews
Nationality of bidders
Location of headquarters
Assurances given by Caledonian MacBrayne in relation to protection of employees terms and conditions, redundancy and the location of its Headquarters
Annex D - Summary of Decision of European Court of Justice in the Altmark case
Annex E - Summary of Research on the application of the Maritime Cabotage Regulation in EU Member States
Annex F - Correspondence between the Scottish Executive Ministers for Transport and the European Commission Vice President