Re-examined proposal for a COUNCIL DIRECTIVE on the groundhandling market at Community airports
Date: 1996-08-16
Institutions: European Commission
Subjects: airport, freedom to provide services, market access, transport user, working conditions

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 
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. 

to  give  advantages"  to 

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 
the  measures 
introduce 
States  shall 
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 
representatives  of 
committee  of 
airport 
organizations 
or 
users 
representing  airport  users is set up. 

2.  All users shall have the right to be on 
the committee  or, if they  so wish, to 
it  by  an 
be 
organization  appointed  to that  effect. 

represented 

on 

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 
self-
handling  to  the  degree  provided  for 
in this Directive, the Member State in 
question may decide: 

implement 

and/or 

at 

an 

airport 

specific 
Where 
constraints  of  available  space  or 
capacity,  arising  in  particular  from 
congestion  and  area  utilization  rate, 
make  it  impossible  to  open  up  the 
market 
self-
handling  to  the  degree  provided  for 
in this Directive, the Member State in 
question  may decide: 

implement 

and/or 

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

referred 
this 

those 
in 

case 

or  more 

(a)  to  limit  the  number  of  suppliers  of 
categories  of 
one 
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 

the  1 

Member  States  may  make 
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 

shall  make 

Member  States 
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  the  security  and  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 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 
social 
concerning 
provisions  relating  to  employees  of 
in 
u n d e r t a k i n gs 
groundhandling 
the 
airports  covered  by this  Directive. 

e n g a g i ng 
at 

activities 

the 

Common  position of  the Council 

Amendments by Parliament 

(Amendment  10) 
Article 2(f) 

of 
and 

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

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. 

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

of 
and 

P r  1 R s 1 9  j 

6 

(Amendment 39) 
Article 5 

a 

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, 
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. 

committee 

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, 
of 
representatives  of airport  users or 
organizations  representing  airport 
users is set U P. 

committee 

a 

Airport 

organizations 

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. 
workers -  and 
representative 
passengers  using  the  a»irpôrt, where 
such organizations exist, shall also 
have the right to pari icipate in this 
committee . 
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 

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) 

provided 

contracts. 

lâx Implementation of the PArective 
the.  existing 
Shall  not  affÇÇt 
selection decisions  until  expiry of 
the 
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) 

the 

n umbe r 

3a . Where 
c f 
groundhandling  service  suppliers  is 
limited  in  accordance  with  the 
6(2^  ar.o 
provisions  of  Article 
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-
airport 
handling 
conditional 
the 
approval  of  a  public  authority 
independent  of  the  managing  body  of 
the airport. 

an 
obtaining 

upon 

user 

at 

1  Member  States  shall  make 
groundhandling activity of a suppl: 
of groundhandling services or a se; 
handling 
airp: 
conditional 
approval  of  a  public  author; 
independent  of  the  managing  body 
the airport. 

an 
obtaining 

upon 

user 

at 

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

end 

economic 

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

aircraft, 

relevant 

of 

4 

Social and environmental protection 

Social  protection 

(Amendment 35) 
Article 18 

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 
s t a n d a r d s, 
competence, 
t r a i n i ng 
and 
membership  of  and  r e p r e s e n t a t i on  bv  a 
t r a de  u n i o n. 

c e r t i f i c a t i on 

t e c h n i c al 

and 

(Amendment 36) 
Article 22, 2nd paragraph 

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  shall  be  drawn  up  not 
later than 31 December 1999 and shall 
include a detailed description of the 
general and  operational safety  rules 
in  fprce  at  airports  and  the Member 
States' laws and  regulations for the 
approval of groundhandling activities 
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. 

training 

and 

for 

prjfi**1.90 

* 

ISSN 0254-1475 

COM(96) 435 final 

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