COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.03.1996 
COM(96) 75 final 
94/0325 (SYN) 
Amended proposal for a 
COUNCIL DIRECTIVE 
ON ACCESS TO THE GROUNDHANDLING MARKET 
AT COMMUNITY AIRPORTS 
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AMENDED PROPOSAL FOR A 
COUNCIL DIRECTIVE 
ON ACCESS TO THE Groundhandling MARKET 
AT COMMUNITY AIRPORTS 
Explanatory memorandum 
During its plenary session on 16 November 1995 the European Parliament approved the proposal 
for a Council Directive presented by the Commission on access to the groundhandling market at 
Community airports. It also adopted a certain number of amendments to the text put forward. 
The Commission accepted the amendments concerning recitals 1 and 21a since they bolster the 
social aspects of the directive, and recital 22 since it enables better account to be taken of the 
security problems that are inherent in airports. It also accepted the amendment concerning Article 
7.2 which permits better understanding of the scope for limitation concerning the number of users 
who can practice air-side self handling. 
Likewise it adopts the amendment concerning Article 19 in order better to adapt the date of entry 
into force of the provisions of the directive at national level to the progress made in the work 
before the Council. 
The Commission also partially accepted the amendments concerning: 
• Article 5.1 which clarifies the process for setting up the users' committee. 
• Article 6.2 which includes aircraft cleaning, and air-side passenger, baggage and freight 
transport services among the categories whose number may be subject to limits. 
• Article 8 in that it extends to the operational management of the centralized 
infrastructures the right of a Member State to confer the management of those structures 
solely on the airport or on another entity. 
• Article 9. Id which enables air side self handling to be banned under the exemptions, and 
Article 9.2a which improves the text. 
• Article 12.2 which allows the management body to be informed of the decision taken by 
the Member State in respect of approval 
• Article 13.1 c(c) c(d) which strengthens the obligation to obey the national safety and 
labour-law rules. 
Finally, the Commission accepted to set out Parliament's ideas as regards the following in another 
paper: 
• Recitals 2 and 8b, and Articles 20a and 20b since these references strengthen the 
obligation to comply with existing social regulations at both national and Community 
level. 
• Recital 19 and Article 4.2 which extend the principle of transparency to all involved in 
providing assistance to third parties. 
• Articles 1.6, 3, 4.3, 11 and 14.3 which they help to made the wording easier to 
understand. 
However, the Commission was unable to accept the amendments concerning: 
Recitals 2a, 8a and 21b since their content does not meet the aim of the directive. 
Articles 4a and 10.1a since these provisions are already covered by the directive on 
acquired rights. 
Recitals 9, 10, II, 13 and 16 which conflict with the aim of opening up the market 
Articles 10, 15a, 15b, 17 and 21a which restrict access to the market in such a way that 
they form a barrier to the liberalization of the sector. 
Recital 23 which would deny the Commission any rights as regards reciprocity with 
non-Community carriers and service providers. 
AMENDED PROPOSAL FOR A 
COUNCIL DIRECTIVE 
ON ACCESS TO THE Groundhandling MARKET 
AT COMMUNITY AIRPORTS 
Whereas the Community has gradually 
introduced a common air transport policy 
with the aim of completing the Internal 
Market in accordance with Article 7a of the 
Treaty, 
Whereas the Internal Market comprises an 
area free of internal frontiers in which the 
free movement of goods, persons, services 
and capital is assured, 
Whereas in its Communication of June 1994 
"The Way Forward for Civil Aviation in 
Europe" the Commission indicated its 
intention to take an initiative before the end 
of 1994 in order to achieve market access 
for groundhandling services at Community 
airports and whereas the Council in its 
Resolution of 24 October 1994 has 
confirmed the need to take account of the 
imperatives linked to the situation of airports 
when effecting the opening of the market, 
Whereas the same transparency requirements 
must apply to users and in particular users 
who have attained a significant volume of 
traffic at an airport and wish to provide 
groundhandling services to third parties, Whereas the Community is gradually 
introducing a common air transport policy 
with the aim of completing the internal 
market in accordance with Article 7a of the 
Treaty in order to promote enduring 
economic and social progress; 
Whereas the internal market comprises an 
area free of internal frontiers in which the 
free movement of goods, persons, services 
and capitals must be assured; whereas 
convergence towards social progress should 
be ensured; 
Whereas in its communication of 
1 June 1994 "The Way Forward for Civil 
Aviation in Europe" the Commission 
indicated its intention to take an initiative 
before the end of 1994 in order to achieve 
market access for groundhandling services at 
Community airports, and whereas the 
Council, in its Resolution of 
24 October 1994, has confirmed the need to 
take account of the imperatives linked to the 
situation of airports when effecting that 
opening of the market; 
Whereas in its Resolution of 
14 February 1995 on civil aviation in 
Europe, Parliament restated its concern to 
take account of the impact of access to the 
groundhandling market on employment and 
safety considerations at Community airports; 
Whereas the same transparency requirements 
must apply to users who have attained a 
significant volume of traffic at an airport and 
wish to provide groundhandling services to 
third parties, and to providers of services; 
Whereas for the same reasons Member 
States must retain the power to lay down 
and apply the necessary rules for the proper 
functioning of the airport infrastructure; 
whereas these rules must, however, comply 
with the principles of objectivity, 
transparency and non-discrimination, 
Wliereas access to airport installations must 
be guaranteed to suppliers wishing to 
provide groundhandling services and to 
carriers wishing to self-handle to the extent 
necessary for them to exercise their rights, Whereas, for the same reasons, Member 
States must retain the power to lay down 
and apply the necessary rules for the proper 
functioning of the airport infrastructures; 
whereas these rules must, however, comply 
with the principles of objectivity 
transparency and non-discrimination 
Whereas, in order to avoid the risk of social 
dumping Member States should guarantee an 
adequate level of social protection for the 
staff of those companies providing 
groundhandling services; 
Whereas access to airport installations must 
be guaranteed to those suppliers who art-
authorized to provide groundhandling 
services and to those carriers who are 
authorized self-handle to the extend needed 
for them to exercise their rights; 
Article 1 
Definitions 
For the purposes of this Directive: 
6) "managing body of the airport" means 
body which by national law or regulation 
has as its objective the management of the 
airport infrastructures, the coordination and 
control of the activities of the different 
operators present in the airport or airport 
system concerned; For the purposes of this directive: 
6) "managing body of the airport" means 
public or private legal body, which by 
national law or regulation is responsible lor 
managing one or several airports and for 
coordinating and monitoring the activities of 
the various operators at that or those 
airports. 
Article 3 
Managing body of the airport 
1. Where an airport or airport system is 
managed and operated not by a single body 
but by several separate bodies, each of these 
shall be considered part of the managing 
body for the purposes of this Directive. 1. Where, at an airport or in an airport 
system, several bodies are responsible for 
managing and performing airport activities 
or services, each of these shall comply with 
this directive. 
Article 4 
Unbundling 
Where the managing body of an 
airport provides groundhandling 
services it must unbundle the 
management and accounts of its 
groundhandling activities from its 
other activities. 1. Where the managing body of an airport, 
a user or provider of services provide 
groundhandling services, they must |n 
accordance with the commercial practices 
applying, unbundle the management and 
accounts from their other activities. 
Similarly, a user who in the 
previous year has carried in excess 
of 25% of the freight or passengers 
recorded at an airport may not 
provide groundhandling services to 
third parties at that airport without 
unbundling the management and 
accounts of the transport activity 
from the supply of groundhandling 
services to third parties. 
An independent examiner must 
check that the unbundling is carried 
out as required under points 1 and 2 
of this Article. 
He shall in particular check the 
absence of any financial flow from 
other activities to those of 
groundhandling. 
He shall have at all times access to 
the accounts of the undertaking. He 
shall report to the Commission at 
least once a year and each time he 
ascertains a failure to maintain the 
mandatory unbundling. Deleted 
2. an independent examiner appointed by 
the Member State, must check that the 
unbundling is carried out as required under 
paragraph 1. 
He shall, in particular, check the absence of 
any financial flow from other activities to 
those of groundhandling. 
He shall have at all times access to the 
accounts of the undertaking. He shall report 
to the Commission at least once a year and 
each time he ascertains a failure to maintain 
the mandatory unbundling. 
Article 5 
The 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 a committee of users' 
representatives for each of the 
airports referred to in the second 
subparagraph of Article 2 (1). 1. Twelve months at the latest following the 
entry into force of this directive, Member 
States shall ensure that the Committee of 
Users' Representatives is set up for each of 
the airports referred to in the second 
subparagraph of Article 2(1). 
Article 6 
Groundhandling for third parties 
2. Member States may limit the 
number of suppliers authorized to 
provide the following categories of 
groundhandling services: 
baggage handling 
ramp handling 
fuelling 
freight and mail handling. 2. Member States may limit the number of 
suppliers authorized to provide the following 
categories of groundhandling services: 
baggage handling 
air side operations 
fuelling 
freight and mail handling 
aircraft cleaning 
the carriage of passengers, baggage 
and freight between the aircraft and 
any other point at the airport. 
Unchanged Unchanged 
2. ... Article 7 
Self handling 
2. .. 
Member States may reserve the right to self-
handle to a limited number of users, 
provided they are chosen on the basis of 
relevant, objective, transparent and non­
discriminatory criteria. Member States may reserve the right to self-
handle to at least two users for each category 
of service, provided that they are chosen on 
the basis of relevant, objective, transparent 
and non-discriminatory criteria. 
Article 8 
Centralized infrastructures 
Without prejudice to the application 
of Articles 6 and 7, Member States 
may reserve 
management of 
baggage sorting, 
purification and 
infrastructures the technical 
the centralized 
de-icing, water 
fuel distribution 
either for the 
managing body of the airport or for 
another body. They may make it 
obligatory for suppliers of 
groundhandling services and self-
handling users to use these 
infrastructures. 1. Without prejudice to the application of 
Articles 6 and 7, Member States may reserve 
the technical and operational management of 
the centralized package sorting, deicing, 
water purification, fuel distribution 
infrastructures either for the managing body 
of the airport or for another body. They 
may make it obligatory for suppliers of 
groundhandling services and self-handling 
users to use these infrastructures. 
Article 9 
Where specific constraints 
available space or capacity 
warrant, the Member State 
question may decide 
(a) stet 
(b) stet 
(c) stet Exemptions 
of 1. Where specific constraints of available 
so space or capacity so warrant, the Member 
in State in question may decide 
(a) stet 
(b) stet 
(c) stet 
(d) to prohibit self handling for the 
categories of groundhandling service referred 
to in Article 7.2 or to restrict these to a 
single user. 
All exemptions decided by virtue of 
point 1 must 
(a) specify the category or 
categories of services for 
which the exemption is 
. granted and the technical 
constraints which justify it; 
(b) stet 2. All exemptions decided by virtue of 
point 1 must 
(a) specify the category or categories of 
service for which the exemption is granted 
and the specific space or available-capacity 
constraints which justify it. 
(b) stet 
Article 11 
Consultations 
Member States shall take the necessary 
measures to organize a compulsory 
consultation procedure between the 
managing body of the airport, the Users' 
Committee and the undertakings providing 
services. This consultation shall cover, inter 
alia, the price of those services which have 
been exempted by the Commission pursuant 
to Article 9 of this Directive as well as the 
organization of the provision of these 
services. Such consultation shall be 
organised at least once every year. Member States shall take the necessary 
measures to organize a compulsory 
consultation procedure between the 
managing body of the airport and the Users' 
Committee and the undertakings providing 
services. That consultation shall cover, inter 
alia, the price of those service which have 
been exempted by the Commission pursuant 
to Article 9 as well as the organization of 
the provision of the services, where it is 
covered by the payment exacted by the 
airport for access to the airport installations 
in order to perform groundhandling 
operations. Such consultation shall be 
organized at least once every year. 
Article 12 
Approval 
2. Approval may be withheld only if 
the supplier does not meet, for 
reasons of his doing, the criteria 
referred to in paragraph 1. 
The grounds for withholding 
approval must be communicated to 
the supplier concerned. 2. Approval may be withheld only if, lor 
reasons of his doing, the supplier does not 
meet the criteria referred to in paragraph 1. 
The grounds for withholding approval must 
be communicated to the supplier concerned 
and to the airport management body. 
Article 13 
Rules of conduct 
A Member State may withdraw its 
approval of a supplier or prohibit a 
user from self-handling if that 
supplier or user fails to comply with 
the rules imposed upon him to 
ensure the proper functioning of the 
airport. 1. stet 
The rules must embody 
following principles: the 
(a) they must be applied in a 
non-discriminatory manner 
to the various suppliers and 
users; 
(b) they must relate to the 
intended objective; 
(c) they may not in practice 
reduce market access or the 
freedom to self-handle to a 
lesser degree than that 
provided for in this 
Directive. (a) stet 
(b) stet 
(c) stet 
(d) The security checks carried out on the 
staff of a service provider shall comply with 
the national regulations and be approved 
during the selection procedure; 
(e) The staff employment conditions shall 
comply with the regulations in force. 
2. stet 2. stet 
1C 
Article 14 
Access to installations 
3. Access to airport installations for 
suppliers of groundhandling services 
and users wishing to self-handle 
may give rise to the collection of a 
fee intended to cover the costs 
which this access occasions for the 
airport and reflecting the level of the 
costs. This fee must be determined 
according to objective, transparent 
and non-discriminatory criteria. 3. Access to airport installations for suppliers 
of groundhandling services and users 
wishing to self-handle may give rise to _ihe 
collection of a fee. This fee must be 
determined according to objective, 
transparent and non-discriminatory criteria. 
Article 19 
Implementation 
Member States shall bring into force the 
laws, regulations and administrative 
provisions necessary to comply with this 
directive by 30 June 1996. They shall 
immediately inform the Com miss ion thereof. Member States shall bring into force the 
laws, regulations and administrative 
provisions necessary to comply with this 
directive by 31 December 1996. They shall 
immediately inform the Commission thereof. 
Stet 
Article 20 
Stet 
Article 20a 
Without preiudice to the implementation of 
the provisions of this directive and while 
complying with the social provisions of the 
Treaty and of the regulations deriving there 
from. Member States may take the measures 
needed in order to ensure compliance with 
the standards in force and the upholding of 
employees social rights. 
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ISSN 0254-1475 
COM(96) 75 final 
DOCUMENTS 
EN 07 05 
Catalogue number : CB-CO-96-085-EN-C 
ISBN 92-78-00921-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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