Addendum to A19-I

For units A190101, A190102, A190103, and A190112, 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 documents and the purpose of the index stipulated in the contracts. In accordance with this, data from the collectively agreed employer/employee area will be used in the forward-applicable partial index for wages. To ensure that the operators are not overcompensated, the addendum with bus operators includes 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 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 is of the opinion that the replacement from SBLON1 to DALON and the replacement of the conversion point for the partial index do not constitute a significant change to the contracts, individually or collectively, pursuant to 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, pursuant to 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 switch to SBLON1 with the 3rd quarter of 2024 as the conversion point for the partial index for wages would result in a cost index that, in reality, could not take into account the collectively agreed wage development in any way, and thus the cost development, which a cost index should otherwise balance. The implemented adjustment is thus necessary to ensure that the index is suitable for its purpose. For units A190108, A190109, and A190110, Trafikselskabet Movia has changed the index regulation of the contracts, 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. The purpose of the change is to bring the indexing in line with the original tender documents 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 is of the opinion that the replacement of the conversion point for the partial index does not constitute a significant change to the contracts, pursuant to 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, pursuant to 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 switch to SBLON1 with the 3rd quarter of 2024 as the conversion point for the partial index for wages would result in a cost index that, in reality, could not take into account the collectively agreed wage development in any way, and thus the cost development, which a cost index should otherwise balance. The implemented adjustment e...