Supplementary agreement to A17-I and A17-IV

With regard to units A170101, A170104, Trafikselskabet Movia has changed the index regulation of the contracts in two steps, so that in 2026 the contracts will be indexed according to SBLON1, TOT commercial total, Companies and organizations, with June 2023 as the conversion point between ILON12, TOT commercial total, seasonally adjusted, and SBLON1, TOT commercial 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 have effect 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 stipulated in the contracts. In accordance with this, it will be data from the collectively agreed employer/employee area that is used in the forward-applicable sub-index for wages. To ensure that the operators are not overcompensated, the supplementary agreement 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 after 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 neither individually nor collectively constitute a material change to the contracts pursuant to Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC, Article 89, paragraph 4. Even if the opposite were the case, the change, which does not alter the overall nature of the contracts, would be based on circumstances that have arisen from unforeseeable circumstances, cf. Directive 2014/25/EU, Article 89, paragraph 1, letter c, as Trafikselskabet Movia, firstly, could not foresee that the original index would cease to exist, and secondly, could not foresee that the switch to SBLON1 with the 3rd quarter of 2024 as the conversion point for the wage sub-index would result in a cost index that, in reality, could not in any way take into account the collectively agreed wage development, and thus cost development, which a cost index should otherwise balance. The implemented adjustment is thus necessary to ensure that the index is fit for purpose. With regard to units A170405 and A170406, Trafikselskabet Movia has changed the index regulation of the contracts, so that in 2026 the contracts will be indexed according to SBLON1, TOT commercial total, Companies and organizations, with June 2023 as the conversion point between ILON12, TOT commercial total, seasonally adjusted, and SBLON1, TOT commercial total, Companies and organizations. The purpose of the change is to bring the indexing in line with the original tender basis and the purpose of the index stipulated in the contracts. 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 of the conversion point for the sub-index does not constitute a material change to the contracts, cf. Directive 2014/25/EU, Article 89, paragraph 4. Even if the opposite were the case, the change, which does not alter the overall nature of the contracts, would be based on circumstances that have arisen from unforeseeable circumstances, cf. Directive 2014/25/EU, Article 89, paragraph 1, letter c, as Trafikselskabet Movia, firstly, could not foresee that the original index would cease to exist, and secondly, could not foresee that the switch to SBLON1 with the 3rd quarter of 2024 as the conversion point for the wage sub-index would result in a cost index that, in reality, could not in any way take into account the collectively agreed wage development, and thus cost development, which a cost index should otherwise balance. The implemented adjustment is thus necessary to ensur...