Addendum to A15-II

With regard to units A150205 and A150208, Trafikselskabet Movia has changed the index regulation of the contracts in two stages, so that in 2026 the contracts will be indexed according to SBLON1, TOT business total, Companies and organizations, with June 2023 as the conversion point between ILON12, TOT business total, seasonally adjusted, and SBLON1, TOT business total, Companies and organizations. Effective from 2027, the index will be replaced by the Danish Industry's "Wage Index for the DA area" ("DALON"), which will thus only apply going forward. The purpose of the change is to bring the indexing in line with the original tender basis and the purpose of the index established in the contracts. In accordance therewith, data from the collectively agreed employer/employee area will be used in the future applicable sub-index for wages. To ensure that the operators are not overcompensated, the addendum with the bus operators contains terms for subsequent adjustment, which, through periodic subsequent adjustment every 24 months, ensures that the operators do not achieve better payment than according to the development in the AKT collective agreement. The value of the change will have a marginal percentage impact on the total turnover of the contracts. It is on this basis that Trafikselskabet Movia's opinion is that the replacement from SBLON1 to DALON and the replacement of the conversion point for the wage sub-index do not, either individually or collectively, constitute a material change to the contracts within the meaning of Article 89, Paragraph 4 of the Utilities Directive (2014/25/EU). Even if the opposite were the case, the change, which does not alter the overall nature of the contracts, would be due to circumstances arising from unforeseeable circumstances, within the meaning of Article 89, Paragraph 1, letter c of the Utilities Directive (2014/25/EU), as Trafikselskabet Movia could not foresee, firstly, that the original index would cease to exist, and secondly, could not foresee that the shift to SBLON1 with Q3 2024 as the conversion point for the wage sub-index would result in a cost index that in reality could not take into account the collectively agreed wage development, and thus the cost development, which a cost index should otherwise balance. The adjustment made is thus necessary to ensure that the index is fit for purpose.