COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 16.08.1996 
COM(96) 435 final 
94/0325 (SYN) 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on the groundhandling market at Community airports 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

Explanatory memorandum 
At its plenary session of 16 July 1996 the European Parliament approved at second 
reading the common position formally adopted by the Council on 28 March 1996 relating 
to access to the groundhandling market at Community airports. 
The European Parliament adopted a number of amendments to the proposed text, relating 
mainly to the guaranteeing of employees' rights, the latter's participation in the procedure 
for selecting suppliers of services, and protection of the rights of suppliers already 
providing groundhandling services and of carriers with significant traffic at an airport. 
The Commission has accepted the amendment to Article 9(1 )(a), which makes the text 
clearer by providing for the possibility of requesting and granting exemptions for one or 
more categories of runway service for which the number of suppliers may be restricted 
in all or part of the airport. 
The Commission has also accepted in part the amendments relating to: 
• Article 5(1), already accepted at first reading, which requires Member States to 
take the necessary measures to set up the users' committee. 
• Article 14(1), imposing the approval procedure. 
Lastly, the Commission has agreed to take on board, in a different formulation, the 
principles set out by Parliament regarding: 
• Article 14(1), second paragraph, on the reference criteria for granting approval; 
• Article 22, second paragraph, concerning the contents of the Commission report 
and proposals for revising certain aspects of the Directive. 
The Commission is unable to accept the amendments concerning: 
• Article 2(f), because the definition of 'self-handling' reflects a balanced approach 
arrived at in agreement with the Member States to prevent self-handling being 
misused to provide services to third parties in disguised form and thus sidestep the 
selection procedure and the obligation of keeping separate accounts. At the same 
time carriers are left sufficient freedom of action within a given group. 
• Article 9(6a) (new), because it runs counter to the purpose of the Directive, which 
is the eventual removal of all monopolies. 
Article 11 (la) (new), which would delay the actual implementation of the 
Directive since the maintenance of existing contracts concerns runway activities 
where the number of suppliers may be restricted. 
Article 11 (3a) (new), (i) because unlike airports, which enjoy owners' fights and 
ensure neutrality of service 'vis-à-vis all users, carriers must be considered 
independent suppliers of services where these are performed for third parties, (ii) 
because to give advantages" to the established carrier would constitute 
discrimination vis-à-vis independent suppliers and other carriers and (iii) because 
the Commission cannot reinforce the rights of an undertaking which already 
enjoys a dominant market position. 
Article 18, because references to the protection of employees' rights were already 
included in the common position following Parliament's amendments at first 
reading and because references to training and certification might shut off access 
to the market and thus impede the liberalization of the sector. 
Article 22, second paragraph, regarding the date of the Commission's report, 
because the proposed date would not allow enough time for a proper study of the 
consequences of the liberalization of services to third parties as of 1 January 1999. 
Re-examined proposal for a 
Council Directive 
on the groundhandling market at Community airports 
Article 5 
Airport Users' Committee 
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. 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. 
Article 9 
Exemptions 
1. Where at an airport specific 1 
constraints of available space or 
capacity, arising in particular from 
congestion and area utilization rate, 
make it impossible to open up the 
market and/or implement self-
handling to the degree provided for 
in this Directive, the Member State in 
question may decide: Where at an airport specific 
constraints of available space or 
capacity, arising in particular from 
congestion and area utilization rate, 
make it impossible to open up the 
market and/or implement self-
handling to the degree provided for 
in this Directive, the Member State in 
question may decide: 
(a) to limit the number of suppliers of all (a) to limit the number of suppliers of 
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. one or more categories of 
groundhandling services other than 
those referred to in Article 6(2) in all 
or part of the airport; in this case 
the provisions of Article 6(2) and (3) 
shall apply; 
(b) unchanged; 
(c) unchanged; 
(d) unchanged. 
Article 14 
Approval 
Member States may make the 1 
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 
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. 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 
The criteria for such approval must 
relate to a sound financial situation 
and sufficient insurance cover, the 
security and safety of installations, of 
aircraft, of equipment and of persons, 
as well as to environmental protection 
and compliance with the relevant 
social legislation. 
Article 22 
Information report and revision 
Member States shall communicate to the 
Commission the information required by 
it to draw up a report on the application 
of this Directive. Member States shall communicate to the 
Commission the information required by 
it to draw up a report on the application 
of this Directive. 
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. The report, accompanied by any 
proposals for revision of the Directive, 
shall be drawn up by 31 December 
2001 at the latest and may include a 
detailed description of the general and 
operational safety rules in force at 
airports and of the Member States1 
regulations concerning the social 
provisions relating to employees of 
undertakings engaging in 
groundhandling activities at the 
airports covered by this Directive. 
Common position of the Council Amendments by Parliament 
(Amendment 10) 
Article 2(f) 
(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 bodv has a majority 
holding in each; (f ) "self-handling" irsans 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; 
OJ C 323, 4. 1.7.1995, p. 94. 
OJ C 142, 8.6.1995, p. 7. 
OJ C 124, 27.4.1996, p. 19. P r 1 R s 1 9 j 
6 
(Amendment 39) 
Article 5 
Twelve months at the latest following 
the entry into fcrce 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. 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 
passengers using the a»irpôrt, where 
such organizations exist, shall also 
have the right to pari icipate in this 
committee . The decision-raking 
procedure of the committee may take 
account of the volume of activity cf 
the various users of the airocrt in 
question, while still ensuring that 
all interests are represented. 
The chairperson of the corr-.itte^ 
shall be appointed by Çhe Member 
State and shall be independent cf 
both the management body cf the 
airport and the users. 
3. The Users' Committee shall assis-
the managing body of the airocrt i: 
the selection of suppliers fc: 
groundhandlino- services, and shal! 
have regular consultations with tha-
body in order to help ensure tha-
airport services and facilities ar-
used efficiently. 
(Amendment 12) 
Article 9(6a) (new) 
6a. These time li :iits and t:--
provisions of paragraph 2 lb) shal' 
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 net 
possible for relevant, objective and 
transparent reasons. 
2 
(Amendment 13) 
Article 11(1a) (new) 
lâx Implementation of the PArective 
Shall not affÇÇt the. existing 
selection decisions until expiry of 
the contracts. provided that 
sufficient competition conforming to 
the Directive exists xn the airport 
and that the expirv date of the 
contracts is reasonably close. Tr;« 
provision shall apply in particular 
t;o contracts concluded prior to ' 3 
December 1994. Member States shall 
notify the Commission of su=h 
çpntraçts. After; their exoirv. 
selection shall take place m 
conformity with this article. 
(Amendment 3) 
Article 11(3a) (new) 
3a . Where the n umbe r c f 
groundhandling service suppliers is 
limited in accordance with the 
provisions of Article 6(2^ ar.o 
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 airocrt. 
shall be entitled either to enter the 
market at the airport in question, :: 
to continue to provide groundh&nclmc 
services for third parties at this 
airport, without being subject :c the 
selection procedure provided fer m 
paragraph 1 of this article. 
(Amendment 33) 
Artirle 14(1), 1st and 2nd subparagraphs 
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. 1 Member States shall make 
groundhandling activity of a suppl: 
of groundhandling services or a se; 
handling user at an airp: 
conditional upon obtaining 
approval of a public author; 
independent of the managing body 
the airport. 
The criteria for such approval must 
relate to the security ard safety of 
installations, of aircraft, of 
equipment and of persons, as well as 
to environmental protection and the 
relevant social legislation. The criteria for such approval must 
relate to appropriate organization, 
sound economic end financial 
situation, sufficient insurance cover 
and personnel oualif .'nations 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. 
4 
(Amendment 35) 
Article 18 
Social and environmental protection Social protection 
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 cf the 
rights of workers and respect for the 
environment. 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 field's of safety 
standards, technical competence, 
training and certification and 
membership of and representation bv a 
trade union. 
(Amendment 36) 
Article 22, 2nd paragraph 
The report. accompanied by proposals The report shall be drawn up not 
for revision of the Directive, shall later than 31 December 1999 and shall 
be drawn up in the two years include a detailed description of the 
following the dates referred to in general and operational safety rules 
Article 1 . in fprce 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. 
prjfi**1.90 
* 
ISSN 0254-1475 
COM(96) 435 final 
DOCUMENTS 
EN 07 QB m 10 
Catalogue number : CB-CO-96-437-EN-C 
ISBN 92-78-08581-2 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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