Amended proposal for a COUNCIL DIRECTIVE ON ACCESS TO THE GROUNDHANDLING MARKET AT COMMUNITY AIRPORTS
Date: 1996-03-12
Institutions: European Commission
Subjects: airport, freedom to provide services, market access, transport user, working conditions

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 

(presented  by  the  Commission  pursuant to  Article  189  a  (2) 
of  the  EC-Treaty) 

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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 

the  Community  has  gradually 
Whereas 
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, 

indicated 

the  Commission 

Whereas in its Communication  of June 1994 
"The  Way  Forward  for  Civil  Aviation  in 
its 
Europe" 
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, 

the  Community 

is  gradually 
Whereas 
introducing  a  common  air  transport  policy 
with  the  aim  of  completing  the  internal 
market  in  accordance  with  Article  7a of the 
to  promote  enduring 
Treaty 
economic and  social progress; 

in  order 

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; 

in 

its 

in  Europe" 

communication 

Whereas 
of 
1 June  1994  "The  Way  Forward  for  Civil 
the  Commission 
Aviation 
indicated  its  intention  to  take  an  initiative 
before  the  end  of  1994  in  order  to  achieve 
market access for groundhandling services at 
the 
Community  airports,  and  whereas 
Council, 
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; 

its  Resolution 

in 

in 

of 

its  Resolution 

Whereas 
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  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 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 
infrastructure; 
the  airport 
whereas  these  rules  must,  however,  comply 
objectivity, 
principles 
with 
transparency  and  non-discrimination, 

the 

of 

Wliereas  access  to  airport  installations  must 
to 
be  guaranteed 
to  suppliers  wishing 
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 
objectivity 
principles 
with 
transparency  and  non-discrimination 

the 

of 

Whereas,  in  order  to avoid  the  risk  of  social 
dumping Member States should  guarantee an 
adequate  level  of  social  protection  for  the 
staff 
providing 
groundhandling  services; 

companies 

those 

of 

Whereas  access  to  airport  installations  must 
be  guaranteed  to  those  suppliers  who  art-
provide 
authorized 
groundhandling 
those  carriers  who  are 
services  and 
authorized  self-handle  to  the  extend  needed 
for  them  to  exercise  their  rights; 

to 

to 

Article  1 

Definitions 

For  the  purposes  of  this  Directive: 

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; 

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 
those 
airports. 

that  or 

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 
the 
management  and  accounts  of  its 
groundhandling  activities  from  its 
other  activities. 

it  must  unbundle 

1. Where  the  managing  body  of  an  airport, 
a  user  or  provider  of  services  provide 
groundhandling  services, 
|n 
accordance  with  the  commercial  practices 
applying,  unbundle  the  management  and 
accounts from  their  other activities. 

they  must 

Deleted 

in 

the 
Similarly,  a  user  who 
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. 

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 
of 
activities 
groundhandling. 

those 

to 

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. 

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 

at 

the 

Twelve  months 
latest 
following the entry into force of this 
Directive,  Member  States  shall 
introduce the  measures necessary to 
set  up  a  committee  of  users' 
representatives 
the 
airports  referred  to  in  the  second 
subparagraph  of Article 2 (1). 

for  each  of 

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 
in  the  second 
subparagraph  of Article 2(1). 

to 

Article 6 

Groundhandling  for third  parties 

2. 

limit 

Member  States  may 
the 
number  of  suppliers  authorized  to 
provide  the  following  categories  of 
groundhandling  services: 

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. 

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 

reserve 

Without  prejudice  to the application 
of  Articles 6 and 7, Member  States 
the 
technical 
may 
the  centralized 
management  of 
de-icing,  water 
baggage  sorting, 
fuel  distribution 
purification  and 
the 
for 
either 
infrastructures 
managing body of the airport  or for 
another  body.  They  may  make  it 
obligatory 
suppliers  of 
groundhandling  services  and  self-
these 
handling 
infrastructures. 

to  use 

users 

for 

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, 
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. 

fuel 

Article 9 

Exemptions 

specific 

constraints 
Where 
available  space  or  capacity 
warrant, 
the  Member  State 
question  may decide 

of 
so 
in 

1.  Where  specific  constraints  of  available 
space  or  capacity  so  warrant,  the  Member 
State in question  may decide 

(a)  stet 
(b)  stet 
(c) stet 

(a)  stet 
(b) stet 
(c) stet 

to  prohibit  self  handling  for  the 
(d) 
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 

2.  All  exemptions  decided  by  virtue  of 
point  1 must 

(a) 

specify 
the  category  or 
categories  of  services  for 
is 
which 
.  granted  and  the  technical 
constraints which justify  it; 

the  exemption 

(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 

(b) stet 

Article 11 

Consultations 

a 
between 

Member  States  shall  take  the  necessary 
measures 
compulsory 
to  organize 
the 
procedure 
consultation 
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 
shall  be 
services.  Such 
organised  at  least once every  year. 

consultation 

a 
between 

to  organize 
procedure 

Member  States  shall  take  the  necessary 
measures 
compulsory 
the 
consultation 
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 
groundhandling 
in  order 
operations.  Such  consultation 
shall  be 
organized  at least once every  year. 

to  perform 

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. 

2.  Approval  may  be  withheld  only  if,  lor 
reasons  of  his  doing,  the  supplier  does  not 
meet the criteria referred  to in paragraph  1. 

grounds 

The 
for  withholding 
approval  must  be  communicated  to 
the supplier  concerned. 

The grounds  for  withholding  approval  must 
be communicated  to  the  supplier  concerned 
and to the airport  management  body. 

Article  13 

Rules of conduct 

self-handling 

A  Member  State  may  withdraw  its 
approval  of  a supplier  or  prohibit  a 
user  from 
that 
supplier or user fails to comply with 
the  rules  imposed  upon  him  to 
ensure the proper  functioning  of the 
airport. 

if 

rules  must 

The 
following  principles: 

embody 

the 

(a) 

(b) 

(c) 

to 

the 

they  must  be  applied  in  a 
non-discriminatory  manner 
to  the  various  suppliers and 
users; 
they  must  relate 
intended  objective; 
they  may  not  in  practice 
reduce  market  access or the 
freedom  to  self-handle  to  a 
that 
lesser  degree 
provided 
this 
for 
Directive. 

than 
in 

1. stet 

(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. 

intended 

Access  to  airport  installations  for 
suppliers of groundhandling services 
and  users  wishing  to  self-handle 
may  give  rise  to the  collection  of a 
fee 
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 
services  and  users 
of  groundhandling 
wishing  to  self-handle  may  give  rise  to _ihe 
collection  of  a  fee.  This  fee  must  be 
determined 
objective, 
transparent  and non-discriminatory  criteria. 

according 

to 

Article 19 

Implementation 

regulations 

Member  States  shall  bring  into  force  the 
laws, 
administrative 
provisions  necessary  to  comply  with  this 
directive  by  30  June  1996.  They  shall 
immediately inform  the Com miss ion thereof. 

and 

regulations 

Member  States  shall  bring  into  force  the 
administrative 
laws, 
provisions  necessary  to  comply  with  this 
directive by 31 December  1996.  They shall 
immediately inform  the Commission thereof. 

and 

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. 

i\ 

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 

</*