A4-0229/96

Decision on the common position established by the Council with a view to the adoption of a Council Directive on access to the groundhandling market at Community airports (C4-0220/96 - 94/0325(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0220/96 - 94/0325(SYN),

- having regard to its opinion at first reading ((OJ C 323, 4.12.1995, p. 94.)) on the Commission proposal to the Council, COM(94)0590 ((OJ C 142, 8.6.1995, p. 7.)),

- having regard to the amended Commission proposal, COM(96)0075 ((OJ C 124, 27.4.1996, p. 19.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Transport and Tourism (A4-0229/96),

1. Amends the common position as follows;

3. Instructs its President to forward this decision to the Council and Commission.

(Amendment 10)

Article 2(f)

>Original text>

(f) 'self-handling¨ means a situation in which an airport user directly provides for himself one or more categories of groundhandling services and concludes no contract of any description with a third party for the provision of such services; for the purposes of this definition, among themselves airport users shall not be deemed to be third parties where:

- one holds a majority holding in the other; or

- a single body has a majority holding in each;

>Text following EP vote>

(f) 'self-handling¨ means a situation in which an airport user directly provides for himself one or more categories of groundhandling services and concludes no contract of any description with a third party for the provision of such services;

(Amendment 39)

Article 5

>Original text>

Twelve months at the latest following the entry into force of this Directive, Member States shall introduce the measures necessary to set up, for each of the airports concerned, a committee of representatives of airport users or organizations representing airport users, on the understanding that all airport users shall have the right to be on this committee or, if they so wish, to be represented on it by an organization appointed to that effect.

>Text following EP vote>

1. Twelve months at the latest following the entry into force of this Directive, Member States shall ensure that, for each of the airports concerned, a committee of representatives of airport users or organizations representing airport users is set up.

2. All users shall have the right to be on the committee or, if they so wish, to be represented on it by an organization appointed to that effect. Airport workers and representative organizations of passengers using the airport, where such organizations exist, shall also have the right to participate in this committee. The decision-making procedure of the committee may take account of the volume of activity of the various users of the airport in question, while still ensuring that all interests are represented.

>Text following EP vote>

The chairperson of the committee shall be appointed by the Member State and shall be independent of both the management body of the airport and the users.

>Text following EP vote>

3. The Users' Committee shall assist the managing body of the airport in the selection of suppliers for groundhandling services, and shall have regular consultations with that body in order to help ensure that airport services and facilities are used efficiently.

(Amendment 31)

Article 9(1)(a)

>Original text>

(a) to limit the number of suppliers of all categories of groundhandling services other than those referred to in Article 6(2); in this case the provisions of Article 6(2) and (3) shall apply;

>Text following EP vote>

(a) to limit the number of suppliers of one or more categories of groundhandling services other than those referred to in Article 6(2) in all or part of an airport; in this case the provisions of Article 6(2) and (3) shall apply;

(Amendment 12)

Article 9(6a) (new)

>Text following EP vote>

6a. These time limits and the provisions of paragraph 2(b) shall not apply if the managing body of the airport can show that the extension and alteration of the airport that would otherwise be necessary is not possible for relevant, objective and transparent reasons.

(Amendment 13)

Article 11(1a) (new)

>Text following EP vote>

1a. Implementation of the Directive shall not affect the existing selection decisions until expiry of the contracts, provided that sufficient competition conforming to the Directive exists in the airport and that the expiry date of the contracts is reasonably close. This provision shall apply in particular to contracts concluded prior to 13 December 1994. Member States shall notify the Commission of such contracts. After their expiry, selection shall take place in conformity with this article.

(Amendment 3)

Article 11(3a) (new)

>Text following EP vote>

3a. Where the number of groundhandling service suppliers is limited in accordance with the provisions of Article 6(2) and Article 9(1)(b), an airline which accounts for more than 25% of traffic at the airport or, in the case of island airports, more than 25% of the scheduled traffic at the airport, shall be entitled either to enter the market at the airport in question, or to continue to provide groundhandling services for third parties at this airport, without being subject to the selection procedure provided for in paragraph 1 of this article.

(Amendment 33)

Article 14(1), 1st and 2nd subparagraphs

>Original text>

1. Member States may make the groundhandling activity of a supplier of groundhandling services or a self-handling user at an airport conditional upon obtaining the approval of a public authority independent of the managing body of the airport.

>Text following EP vote>

1. Member States shall make the groundhandling activity of a supplier of groundhandling services or a self-handling user at an airport conditional upon obtaining the approval of a public authority independent of the managing body of the airport.

>Original text>

The criteria for such approval must relate to the security and safety of installations, of aircraft, of equipment and of persons, as well as to environmental protection and the relevant social legislation.

>Text following EP vote>

The criteria for such approval must relate to appropriate organization, sound economic and financial situation, sufficient insurance cover and personnel qualifications of the supplier of groundhandling services and to the security and safety of installations, of aircraft, of equipment and of persons, as well as to environmental protection and the respect of relevant social legislation.

(Amendment 35)

Article 18

>Original text>

Social and environmental protection

>Text following EP vote>

Social protection

>Original text>

Without prejudice to the application of this Directive, and subject to the other provisions of Community law, Member States may take the necessary measures to ensure protection of the rights of workers and respect for the environment.

>Text following EP vote>

The provisions of this Directive shall in no way affect the rights and obligations of Member States to ensure protection of workers' rights including the fields of safety standards, technical competence, training and certification and membership of and representation by a trade union.

(Amendment 36)

Article 22, 2nd paragraph

>Original text>

The report, accompanied by proposals for revision of the Directive, shall be drawn up in the two years following the dates referred to in Article 1.

>Text following EP vote>

The report shall be drawn up not later than 31 December 1999 and shall include a detailed description of the general and operational safety rules in force at airports and the Member States' laws and regulations for the approval of groundhandling activities and for training and social provisions relating to employees of such undertakings. The report shall be accompanied by proposals for revision of the Directive, including the need for Community rules in these areas, subject to the principle of subsidiarity.