Addendum to A22-I

With regard to units A220101, A220102, A220103, A220104, A220105, A220106, A220108, and A220188, Trafikselskabet Movia has changed the index regulation of the contracts in two steps, so that the contracts in 2026 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 set out in the contracts. In accordance with this, data from the collectively bargained employer/employee area will be used in the future applicable sub-index for wages. To ensure that the operators are not overcompensated, the addendum to the bus operators' contracts contains terms for retrospective adjustment, which, through periodic retrospective adjustment every 24 months, ensures that the operators do not achieve better payment than after 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 wage sub-index do not, either individually or collectively, constitute a material 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, cf. 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 Q3 2024 as the conversion point for the wage sub-index would result in a cost index that could not in reality in any way account for the collectively agreed wage development, and thus cost development, which a cost index should otherwise balance. The adjustment carried out is thus necessary to ensure that the index is fit for purpose.