EN Official Journal of the European Union C 98/3

Communication from the Commission pursuant to Article 9(3) of Council Directive 96/67/EC on access to the ground-handling market at Community airports

Notification by the Republic of Estonia of application of Article 9(1)(b) of Council Directive 96/67/EC on access to the ground-handling market at Community airports to Tallinn International Airport

(Text with EEA relevance)

(2017/C 98/04)

Pursuant to Article 9(3) of Council Directive 96/67/EC of 15 October 1996 on access to the ground-handling market at Community airports (1) (hereinafter ‘Directive 96/67/EC’), on 14 February 2017 the Commission received notification of a decision adopted by the Ministry of Economic Affairs and Communications of the Government of the Republic of Estonia to grant Tallinn International Airport (Tallinn Airport Ltd) an exemption as follows:

— To reserve for the airport managing body (Tallinn Airport Ltd) via its 100 %-owned subsidiary Tallinn Airport GH Ltd as the sole entity the right to provide to third parties at Tallinn International Airport the following service categories referred to in points 3 and 5 of the Annex to Directive 96/67/EC: baggage handling and ramp handling. Regarding the latter, the exemption excludes however transport, loading on to and unloading from the aircraft of food and beverages, where the market is open.

This exemption, based on Article 9(1)(b) of Directive 96/67/EC, is to be granted for two years, starting on 15 May 2017 and ending on 14 May 2019. As part of their exemption decision as notified to the Commission, the Estonian authorities have decided to extend the initial exemption duration for an additional period of two years from 15 May 2019 until 14 May 2021 pursuant to Article 9(6) of Directive 96/67/EC.

This exemption is granted by the Republic of Estonia principally for the following reason: the current constraints regarding available space and capacity at Tallinn airport make it impossible to introduce an additional groundhandling service provider for the service categories referred to above (excluding the transport, loading on to and unloading from the aircraft of food and beverages) during the construction activities that will fully enable to open the market for ramp handling and baggage handling. In particular:

— The location and size of the current baggage sorting facility does not make it possible to allocate space to additional baggage handling providers. In particular, the operational space is limited and narrow and baggage cart manoeuvring is difficult for the current services provider, especially during peak load periods. The location of the current facility cannot be extended to other areas meaning that the opening of the market to a second baggage handling company requires significant works for the construction of news facilities in an external area.

— There is a lack of space available in the vicinity of the aircraft parking position making it impossible to accommodate parking for additional equipment by a second ramp handling company. The current parking positions intended for ground handling machinery and baggage trolleys at the apron parking stands and under the passenger terminal gallery are already used in full capacity. The management of the current space limitations are challenging for the current services provider, notably e.g. during the winter season when snow removal and disposal service vehicles are also parked within the limited parking space. Furthermore, there are no special hangars or garages for parking the equipment. Since there is no physical space to increase the parking capacity in the vicinity of the passenger terminal, accommodating a second groundhandling operator is currently not possible and requires significant works for the building of new facilities.

The Estonian authorities have submitted measures to overcome the abovementioned outstanding space constraints. Tallinn airport is currently in the process of developing the airport. It has investment plans in place for the upcoming years while minimizing the inconveniences on passengers during the construction works by ensuring the continuity of the operations, which will be necessary in view of foreseen increase of volume of passengers notably during the upcoming Estonian Presidency of the EU. The expiry of the exemption in 2021 would coincide with the planned completion of the construction period allowing for market opening.

Pursuant to Article 9(3) of Directive 96/67/EC, the Commission invites interested parties to submit their comments within 15 days of publication of this Communication, to:

European Commission Directorate-General for Mobility and Transport (unit E1 Aviation Policy) Office: DM24 05/76 1049 Bruxelles/Brussel BELGIQUE/BELGIË E-mail: filip.cornelis@ec.europa.eu

(1) OJ L 272, 25.10.1996, p. 36.