Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on groundhandling services at Union airports and repealing Council Directive 96/67/EC
Date: 2011-12-01
Institutions: European Commission
Subjects: air traffic, ground handling, market access, provision of services, public service, restriction on competition, transport infrastructure

EUROPEAN COMMISSION 

Brussels, 1.12.2011 
COM(2011) 824 final 

2011/0397 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on groundhandling services at Union airports and repealing Council Directive 96/67/EC

(Text with EEA relevance) 

{SEC(2011) 1439 final} 
{SEC(2011) 1440 final} 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

General context – Council Directive of 1996 

Groundhandling services consist of all ground-based aviation-related activities carried out for 
individual  airlines  at  airports  and  are  a  key  function  in  the  aviation  chain.  Groundhandling 
services cover the following 11 categories of services: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

ground administration and supervision; 

passenger handling; 

baggage handling; 

freight and mail handling; 

ramp handling; 

aircraft services; 

fuel and oil handling; 

aircraft maintenance; 

flight operations and crew administration; 

(10) 

surface transport; 

(11) 

catering services. 

The  efficient  provision  of  groundhandling  services  is  important  for  airports,  airlines  and 
passengers,  and  is  crucial  for  the  efficient  use  of  air  transport  infrastructure  and  the 
performance of the aviation system in general. 

Some estimates on the groundhandling market: According to Commission and stakeholders' 
estimations, the revenues of groundhandling (all categories included) amount globally to 50 
billion euros. It is estimated that the sector employs at least 60,000 persons in Europe.1 The 
cost linked to groundhandling services for airlines represents 5 to 12%2 of operating costs. 

In  1996  the  European  Community  adopted  Council  Directive  96/67/EC  on  access  to  the 
groundhandling  market  at  Community  airports.  The  Directive  was  a  first  step  towards  the 
gradual opening and harmonisation of access to the groundhandling market.  

1 

2 

EN 

Estimation by IAHA (the independent handlers' associations) for their members. Not all groundhandling 
providers are members of IAHA and there could be more than 110,000 groundhandling employees. 
Stakeholders'  consultations  and 
-  Annual 
http://ec.europa.eu/transport/air/observatory_market/annual_reports_en.htm . 

'Air  market  observatory 

reports',  available  at 

2 

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Historically groundhandling activities were carried out by airport operators or airlines. Today 
they  are  in  Europe  more  and  more  provided  by  specialised  companies.  Access  to  the 
groundhandling market under the Directive is based on the following principles: 

• 

• 

Freedom  of  'self-handling',  i.e.  the  possibility  for  airlines  to  self-handle  at  each 
commercial airport regardless of its volume of traffic. However, for four categories 
of services (baggage handling, ramp handling, fuel and oil handling, freight and mail 
handling) Member States may reserve the right to self-handle to no fewer than two 
airport  users  at  airports  with  more  than  2  million  passengers  or  50  000  tonnes  of 
freight per year. 

Freedom of 'third party handling', i.e. the possibility for groundhandling providers to 
provide services to third parties at airports with more than 2 million passengers or 50 
000 tonnes of freight per year. However, for the four categories of services that can 
be restricted mentioned above, Member States may limit the number of suppliers to 
no fewer than two for each category. 

1.2. 

Grounds for the proposal 

According  to  various  evaluations  of  the  Directive  by  the  Commission,  the  Directive  has 
achieved the main desired objectives of liberalising the groundhandling market at EU airports: 
the  number  of  service  providers  has  increased  and  groundhandling  prices  have  generally 
decreased.  Moreover,  according  to  the  airlines,  the  quality  of  service  has  increased  with  a 
greater choice of competitors. 

Since  the  adoption  of  the  Directive  in  1996,  the  framework  conditions  for  groundhandling 
services  have  changed  dramatically.  In  a  context  of  rapidly  growing  air  traffic  and  capacity 
constraints,  the  question  of  the  efficiency  and  quality  of  services  delivered  at  airports, 
including groundhandling services, is of renewed and increased interest. 

The  Single  European  Sky  initiative  of  the  European  Union,  which  aims  to  reform  the 
architecture  of  European  air  traffic  control  to  meet  future  capacity  and  safety  needs, 
recognises the importance of integrating key infrastructure such as airports into a 'full system, 
gate-to-gate'  approach.  Recent  statistics  show  that  70  per  cent  of  delays  are  generated  by 
turnarounds at airports. The gate-to-gate approach aims to optimise and integrate all phases of 
a flight, from airport to airport, including groundhandling services, with a view to enhancing 
performance in terms of delays, costs, environmental impact and safety. 

Moreover,  the  successive  crises  that  have  badly  affected  air  transport  over  the  last  decade 
show  that  action  is  needed.  The  economic  crisis  has  driven  both  Member  States  and  the 
industry  to  try  to  minimise  costs.  Terrorist  attacks  require  enhanced  levels  of  security  and 
safety.  And  last  but  not  least,  severe  weather  conditions  illustrate  the  need  for  increased 
coordination of ground operations at airports. 

Our consultation on the current Directive and our evaluation of it (for details see below) have 
shown that the current legal framework is no longer fit for purpose. The problem identified is 
twofold: (i) the provision of groundhandling services is not efficient enough due to barriers 
to  entry  and  expansion,  and  (ii)  the  overall  quality  of  groundhandling  services  is  not 
keeping pace with evolving needs in terms of reliability, resilience, safety and security and 
the environment. 

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1.3. 

Objective of the proposal 

The  impact  assessment  and  its  summary,  which  accompany  this  proposal,  establish  the 
general and specific objectives for the adoption of the regulation. The general objective is to 
enhance the efficiency and overall quality of groundhandling services for users (airlines) and 
end-users (passengers and freight forwarders) at EU airports. 

The specific objectives are the following: 

(1) 

(2) 

(3) 

(4) 

Ensure airlines have an increased choice of groundhandling solutions at EU airports; 

Harmonise  and  clarify  national  administrative  conditions  for  market  entry 
(approvals); 

Ensure  a  level  playing  field  at  airport  level  between  groundhandling  companies 
operating under different regulatory regimes; 

Increase  coordination  between  groundhandling  providers  at  the  airport  (airport 
operators as ground coordinators within the EU aviation network as part of the gate-
to-gate approach); 

(5) 

Clarify the legal framework for training of staff and transfer of staff. 

1.4. 

Existing provisions in the area of the proposal 

The proposal concerns the adoption of a regulation on groundhandling services at EU airports. 
The  new  regulation  is  intended  to  replace  and  repeal  the  existing  Directive  96/67/EC. 
Groundhandling services are not dealt with directly by any other provisions. 

1.5. 

Consistency with policies and objectives of the European Union 

This  initiative  is  one  of  the  actions  necessary  for  the  Single  European  Transport  Area  as 
described in the Commission's White Paper: Roadmap to a Single European Transport Area 
– Towards a competitive and resource efficient transport system. It is also part of the airport 
package  identified  as  a  strategic  initiative  in  the  2011  Commission  Work  Programme3,  to 
tapping the potential of the Single Market for growth. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

2.1. 

Consultation of interested parties 

2.1.1.  Consultation methods, main sectors targeted and general profile of respondents 

At  a  hearing  held  on  6  April  2006,  following  a  written  consultation,  the  Commission 
consulted all stakeholders on the various possibilities for the revision of the Directive. 

3 

COM(2010)623. 

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4 

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On  24  January  2007,  the  Commission  adopted  a  report  on  the  application  of  the  Directive4 
which confirmed that the main objectives of the Directive had been achieved, but that there 
were negative trends.  

The  Commission  carried  out  a  stakeholders'  consultation  on  the  functioning  of  the 
groundhandling  services  at EU airports and  possible  options for revising the  Directive  from 
November 2009 to September 2010. 

A meeting of the Groundhandling working group of the Sectoral Social Dialogue Committee 
(on civil aviation) was held on 16 November 2009. Following this meeting, three of the four 
key  representatives  adopted  a  common  statement5  calling  for  improvements  to  the  current 
tender system and for a social clause on transfer of staff in case of partial or total loss activity. 

2.1.2. 

Summary of responses 

A summary of the consultation as well as the individual contributions are available at: 

http://ec.europa.eu/transport/air/consultations/2010_02_12_directive_96_67_ec_en.htm.  

The consultations highlight the divergent interests of the various types of stakeholders. 

Airlines  stressed  the  need  for  a  more  competitive  market.  The  airlines  expressed  their 
satisfaction  with  the  generally  increased  choice  of  groundhandling  providers  following  the 
introduction of the Directive but stressed that this trend is not observed everywhere in Europe. 

In  a  sector  where  stability  of  employment  has  suffered,  groundhandling  workers  argued  for 
the need of addressing social concerns (notably the transfer of staff) and expressed concerns 
about the introduction of too much competition which could impact on working conditions. 

Airport operators called for better coordination at airports and expressed the wish to be clearly 
recognised  as  ground  coordinators.  Some  airport  operators  objected  to  any  further  market 
opening mainly as they believe this would negatively impact the quality at their airports and 
increase their costs. 

Independent  groundhandlers  stressed  the  need  for  fairer  competition  between  the  different 
they  advocated  stronger  requirements  for 
groundhandling  providers.  In  particular, 
groundhandling activities performed by airport operators and airlines operators. 

Nearly all stakeholders call for improved quality of services.  

2.2. 

Collection and use of expertise 

Continuous  monitoring  by  the  Commission  on  the  application  of  the  Directive  on 
groundhandling  services  has  been  accompanied  by  several  external  studies,  the  results  of 
which  are  available  on  the  Commission  website.  In  particular,  following  the  request  of  the 

4 
5 

COM(2006)821 final. 
Statement dated 7 April 2011 of the EU trade associations representing the airports (ACI-Europe), the 
independent handlers (IAHA) and the trade unions (European Transport Federation ETF). Available at: 
https://www.itfglobal.org/files/seealsodocs/28646/Statement%20GH%20ACI%20IAHA%20ETF%200
70411.pdf. 

EN 

5 

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European  Parliament  in  its  resolution  of  11  October  20076  the  Commission  carried  out  a 
comprehensive  study  in  2008-20097  on  the  implementation  and  impact  of  the  Directive 
focusing  on  employment,  safety  and  security  issues.  The  Commission  carried  out  a  further 
study on its possible revision in 2010.8 

2.3. 

Impact assessment 

The impact assessment provides an overview of the different options considered. Four policy 
packages (in addition to the option to keep the existing framework) were considered to assess 
how Directive 96/67/EC could be revised. 

Policy  package  PP1  would  improve  the  system  via  minimal  Directive  amendments  and  by 
providing guidance where possible. It comprises: full opening of the market for self-handling, 
guidance  on  approval  requirements,  clearer  definitions  and  more  detailed  requirements  for 
accounts  separation,  centralised  infrastructure,  subcontracting,  and  the  Airport  Users' 
Committee  (AUC)9.  As  for  coordination  at  airport  level,  the  package  contains  guidance  on 
subcontracting and harmonised tender criteria. The package also ensures minimum training as 
well as consultation of employees' representatives on tenders. 

Policy  package  PP2  seeks  to  improve  the  current  system  through  a  more  ambitious  set  of 
measures. It opens fully the self-handling market and increases to a minimum of 3 the number 
of  restricted  service  providers  for  third-party  handling  at  large  airports.  Further  measures 
include mutual recognition of approvals and harmonised tender criteria, better management of 
centralised infrastructure, legal separation of airport operators and longer tender duration. The 
package  contains  new  subcontracting  requirements,  definition  of  airport  operators'  role  in 
overall  operations  (and  possible  minimum  requirements),  as  well  as  performance  reporting 
obligations. Minimum training and authorisation for Member States to implement the transfer 
of staff under the same conditions for services to which access is restricted are also included. 

Policy package PP2' is similar to policy package PP2 but comprises different measures for the 
less contentious problem areas identified. The difference lies in the approval being set at EU-
level and the minimum quality requirements being set at EU level. 

Policy package PP3 seeks to improve the current system with high intensity policy measures, 
providing full harmonisation of the groundhandling market legal framework: full opening of 
the groundhandling market and uniform market access via better management of centralised 
infrastructure, introduction of an EU approval, removal of airport operators' right to provide 
groundhandling  at  its  airport.  As  for  airport  operational  coordination,  subcontracting 
requirements, definition of airport operators' role in overall operations (and possible minimum 

6 

7 

8 

9 

policy. 

efficient 

(2007/2092(INI)) 

European Parliament resolution of 11 October 2007 on airport capacity and ground handling: towards a 
more 
at: 
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-
0433 
'Study on the impact of Directive 96/67/EC on groundhandling services 1996-2007', Airport Research 
at: 
Available 
Center, 
http://ec.europa.eu/transport/air/studies/doc/airports/2009_02_ground_handling.pdf. 
'Possible  revision  of  Directive  96/67/EC  on  access  to  the  groundhandling  market  at  Community 
airports', 
at: 
http://ec.europa.eu/transport/air/studies/airports_en.htm. 
The Airport Users' Committee is a committee of representatives of airport users (i.e. airlines) set at each 
airport. 

Available 

February 

available 

Gleave, 

Davies 

2009. 

2010. 

Steer 

June 

EN 

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requirements),  as  well  as  performance  reporting  obligations  are  included.  This  package 
foresees the complete transfer of staff in tender procedures and the licensing of key staff. 

The  recommendations  of  the  impact  assessment  board  (IAB)  were  taken  into  account,  with 
the main modifications concerning the need for a clearer problem definition, clarification of 
the  provisions  for  social  protection  in  case  of  transfer  of  employees,  the  introduction  of  a 
wider range of feasible policy options and strengthened comparison of the policy options. 

Only  the  policy  package  PP2  fully  satisfies  the  identified  objectives  as  demonstrated  in  the 
impact  assessment.  A  proper  balance  between  social  and  economic  effects  needs  to  be 
ensured. This policy package constitutes the basis for this proposal. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposal 

Full  opening  of  the  self-handling  market  and  increase  in  the  minimum  number  of  service 
providers to three at large airports 

Directive 96/67/EC allows Member States to restrict self-handling or third-party handling to 
minimum  two  suppliers  for  four  categories  of  services.  As  a  consequence,  at  some  airports 
airlines are faced with a limited choice between two suppliers for each of these services, and 
are not always authorised to self-handle.  

Every  airport  user  should  be  allowed  to  self-handle.  Moreover,  the  number  of  authorised 
third-party  suppliers  of  groundhandling  services  should  not  be  less  than  three  suppliers  at 
large airports with not less than 5 million passengers annually or 100 000 tonnes of freight . 

Mutual recognition of approvals with harmonised requirements 

Three-quarters  of  the  Member  States  have  an  approval  system  in  place  resulting  in  a 
numerous different administrative requirements that the suppliers of groundhandling services 
or  self-handling  airport  users  have  to  meet  in  the  EU.  The  mutual  recognition  of  national 
approvals  with  harmonised  requirements  will  reduce  administrative  costs  for  operators  and 
reduce barriers to entry. 
Better management of centralised infrastructures10 

Centralised  infrastructures  are  essential  for  the  performance  of  groundhandling  services.  In 
the  absence  of  a  clear  legal  framework,  distortions  of  competition  on  the  groundhandling 
market  may  arise.  The  proposal  includes  a  clear  legal  framework  for  the  definition  of 
centralised  infrastructure  and  for  the  fees  to  be  charged  to  suppliers  of  groundhandling 
services and self-handling airlines for the centralised infrastructure.  

Legal separation of airports and their groundhandling activities 

If  an  airport  is  itself  a  provider  of  groundhandling  services,  it  should  be  ensured  that  the 
groundhandling  services  provided  by  the  airport  do  not  unduly  benefit  from  the  airport 
management activities of the airport. 

10 

Centralised  infrastructures  are  infrastructures  'used  for  the  supply  of  groundhandling  services  whose 
complexity, cost or environmental impact does not allow of division or duplication'.  

EN 

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The current system of separation of accounts for groundhandling airports is very difficult to 
monitor and is felt to be insufficient to ensure fair competition. The proposal calls for airports 
to  keep  their  groundhandling  activities  in  a  legal  entity  separate  from  their  airport 
management activities. 

Improved tender procedure 

The  current  maximum  period  of  7  years  for  which  a  supplier  of  restricted  groundhandling 
services  is  selected  is  perceived  to  be  insufficient  notably  to  write  off  the  cost  of  ground 
equipments. The proposal provides for an increase of the maximum duration to ten years. 

The proposal contains further specifications on the details of the selection procedure for the 
suppliers  of  restricted  services  to  ensure  a  harmonious  application  and  ensure  that  selected 
companies are indeed those best suited to operate groundhandling services. 

In  the  selection  of  the  supplier  for  restricted  groundhandling  services  the  AUC  needs  to  be 
consulted.  The  proposal  contains  provisions  for  rules  of  procedure  for  the  Airport  Users' 
Committee  to  avoid  any  conflict  of  interest  for  airlines  also  providing  groundhandling 
services. 

Clarified rules for subcontracting 

While  subcontracting  increases  the  sometimes  necessary  flexibility  for  suppliers  of 
groundhandling  services,  subcontracting  and  cascade  subcontracting  may  also  result  in 
capacity constraints and have negative effects on safety.  

The  proposal  therefore  contains  clear  rules  for  subcontracting  allowing  suppliers  of 
groundhandling  services  to  subcontract  but  limiting  subcontracting  by  airports  and  self-
handling airlines to situations of force majeure and prohibiting cascade subcontracting.  

Role of the managing body of the airport in the coordination of ground services 

The crisis faced by air transport in the last year due to severe weather conditions underlines 
the  need  for  increased  coordination  of  ground  operations  at  airports.  Indeed,  a  low  level  of 
resilience  to  the  crisis  was  observed  at  some  airports,  also  where  the  provision  of 
groundhandling  services  was  concerned.  Problems  at  one  airport  have  powerful  'knock  on' 
effects  on  the  overall  network,  making  it  all  the  more  important  to  improve  the  level  of 
resilience in crisis situations. 

The  managing  body  of  the  airport  should  be  responsible  for  the  proper  coordination  of 
groundhandling  activities  at  its  airport.  Moreover,  at  large  airports,  which  are  particularly 
important for the European air transport network, the managing body of the airport needs to 
ensure  that  these  operations  are  coordinated  through  an  airport  CDM  and  through  a  proper 
contingency plan. 

Responsibility  of  airport  operators  for  minimum  quality  requirements  for  groundhandling 
operations to be defined in delegated act 

The  sub-standard  quality  of  one  supplier  of  groundhandling  services  can  disturb  the  airport 
system  to  the  detriment  of  all  stakeholders  in  the  air  transport  industry.  The  absence  of 
common  minimum  quality  standards  for  all  groundhandling  providers  at  an  airport  was 
reported by stakeholders as a shortcoming of the current Directive.  

The  proposal  provides  the  setting  of  minimum  quality  standards  for  the  performance  of 
groundhandling  services  to  be  met  by  all  suppliers  of  groundhandling  service  and  self-
handling airport users.  

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Reporting obligations on performance of groundhandling services to be defined in delegated 
act 

Sufficient,  independent  and  centralised  data  on  the  performance  of  groundhandling  services 
will help to identify appropriate future policy measures. Suppliers of groundhandling services 
and  self-handling  airport  users  should  be  required  to  report  on  the  performance  of  their 
groundhandling services. 

Compulsory minimum training for staff 

In  a  labour-intensive  sector  such  as  groundhandling,  continuous  staff  development  and 
training have a strong impact on service quality. Conversely, poorly trained staff increases the 
risk  of  low  quality  services  and  notably  can  affect  safety  and  security  of  groundhandling 
services.  The  proposal  introduces  minimum  training  requirements  for  all  suppliers  of 
groundhandling  services  and  self-handling  airlines  to  ensure  the  safety  and  security  of 
operations and to create a level playing field among operators. 

Possibility for Member States to impose a requirement to take over staff with same conditions 
where there is a tender procedure 

Following  the  case  law  of  the  Court  of  Justice  of  the  European  Union11,  there  is  currently 
ambiguity as regards the measures that Member States are authorised to take upon a change of 
the provider for groundhandling services to which access is restricted. 

Turnover of staff in the groundhandling industry is high and appears to be partly driven by the 
Directive. Suppliers selected under a tender procedure to provide services to which access is 
restricted  are  authorised  to  operate  only  for  a  limited  maximum  period  of  time.  The  tender 
system  therefore  appears  to  encourage  turnover  of  staff.  Discontinuity  of  staff  can  have  a 
detrimental  effect  on  the  quality  of  groundhandling  services.  It  is  therefore  appropriate  to 
clarify the rules on the takeover of staff beyond the application of Directive 2001/23/EC on 
transfers  of  undertakings  and  to  enable  Member  States  to  ensure  adequate  employment  and 
working conditions. 

3.2. 

Legal basis 

The proposal is based on Article 100 TFEU. 

3.3. 

Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the EU.  

The objectives of the proposal cannot be sufficiently achieved by the Member States because 
airlines  operate  in  a  single  aviation  market  and  groundhandling  providers  also  operate  on  a 
European  or  international  market.  The  framework  for  groundhandling  services  cannot  be 
addressed at a lower level of regulation. Any individual action at Member State level would 
potentially prejudice the functioning of the internal market. 

EU  action  is  better  able  to  achieve  the  objectives  of  the  proposal.  European  rules  on 
groundhandling  services  are  an  essential  accompaniment  to  the  European  legislation 

11 

Case C-460/02, Commission vs. Italy, judgement of 9 December 2004. Case C-386/03, Commission vs. 
Germany, 14 July 2005.  

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underpinning the internal market in aviation, since a fair, transparent and non-discriminatory 
system  for  the  supply  of  groundhandling  services  is  essential  for  achieving  efficient,  high-
quality groundhandling services, which have a key function in the aviation chain. 

The proposal therefore complies with the subsidiarity principle. 

3.4. 

Proportionality principle 

The  proposal  complies  with  the  proportionality  principle.  The  additional  burdens  for 
economic  operators  and  national  authorities  are  limited  to  those  necessary  to  enhance  the 
efficiency  and  overall  quality  of  groundhandling  services.  While  the  proposal  involves 
substantial costs mainly for the improved management of centralised infrastructures, the legal 
separation  of  airports,  and  reporting  obligations,  these  are  expected  to  be  offset  by  the 
substantial economic and quality benefits obtained. 

3.5. 

Choice of instrument 

The  proposed  instrument  is  a  Regulation.  Other  means  would  not  be  adequate.  Considering 
the new need for minimum, harmonised quality standards at airports to implement the gate-to-
gate  approach  and  for  further  harmonisation  of  market  access  conditions  to  ensure  a  fairer 
competition on the groundhandling market, the flexibility offered in 1996 by the choice of a 
Directive is no longer appropriate. 

The legal instrument has to be of general application. 

A  Regulation  meets  the  need  for  harmonisation  of  groundhandling  markets  at  EU  level,  an 
issue that was identified as a problem. Most of the difficulties identified with the current legal 
framework are linked to divergent implementation among Member States. 

Therefore  the  most  appropriate  legal  instrument  is  a  Regulation,  since  alternative  options 
would not be sufficient to achieve the proposed objectives. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implications for the EU budget. 

5. 

OPTIONAL ELEMENTS 

5.1. 

Repeal of existing legislation 

Adoption of the proposal will lead to the repeal of the existing Council Directive 96/67/EC of 
15 October 1996 on access to the groundhandling market at Community airports. 

5.2. 

European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the  European 
Economic Area. 

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2011/0397 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on groundhandling services at Union airports and repealing Council Directive 96/67/EC 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 100 (2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee12,  

Having regard to the opinion of the Committee of the Regions13, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

12 
13 
14 
15 

Council  Directive  96/67/EC  of  15  October  1996  on  access  to  the  groundhandling 
market at Community airports14 provides for a gradual opening of the groundhandling 
market. 

Airports  and  groundhandling  services  are  essential  to  the  proper  functioning  of  air 
transport and are a key function in the aviation chain. Groundhandling services cover 
all  ground-based  aviation-related  activities  carried  out  for  individual  airlines  at 
airports. 

The Declaration adopted at the Bruges Aviation Summit in October 2010 recognised 
the  need  to  reform  Union  rules  to  foster  the  competitiveness  of  each  link  in  the 
aviation transport chain (such as. airports, carriers, other service providers). 

The  White  Paper  Roadmap  to  a  Single  European  Transport  Area15  identifies  the 
improvement of market access and the provision of quality services at airports as vital 

OJ C , , p. . 
OJ C , , p. . 
OJ L 272, 25.10.1996, p. 36. 
COM(2011) 144final.  

EN 

11 

   EN 

 
                                                 
for  the  quality  of  life  of  citizens  and  as  an  essential  action  to  achieve  the  Single 
European Transport Area. 

Further  gradual  opening  of  the  groundhandling  market  and  the  introduction  of 
harmonised  requirements  for  the  provision  of  groundhandling  services  are  likely  to 
enhance  the  efficiency  and  overall  quality  of  groundhandling  services  for  airlines  as 
well  as  for  passengers  and  freights  forwarders.  This  should  improve  the  quality  of 
overall airport operations. 

Considering  the  new  need  for  minimum,  harmonised  quality  standards  at  airports  to 
implement  the  gate-to-gate  approach  for  the  realisation  of  the  Single  European  Sky 
and  the  need  for  further  harmonisation  to  fully  exploit  the  benefits  of  the  gradual 
opening of the groundhandling market in terms of increased quality and efficiency of 
groundhandling  services,  Directive  96/67/EC  should  therefore  be  replaced  by  a 
Regulation. 

Free access to the groundhandling market is consistent with the efficient operation of 
Union  airports,  provided  relevant  safeguards  are  put  in  place.  Free  access  to  the 
groundhandling  market  should  be  introduced  gradually  and  be  adapted  to  the 
requirements of the sector. 

Gradual  opening  of  the  market  under  Directive  96/67/EC  has  already  produced 
positive results in terms of improved efficiency and quality. It is therefore appropriate 
to proceed with further gradual opening. 

Every airport user should be allowed to self-handle. At the same time it is necessary to 
maintain a clear and restrictive definition of self-handling in order to avoid abuse and 
negative impacts on the third-party handling market. 

(5) 

(6) 

(7) 

(8) 

(9) 

(10)  For certain categories of groundhandling services, access to the market may come up 
against safety, security, capacity and space availability constraints. It should therefore 
be  possible  to  limit  the  number  of  authorised  suppliers  of  such  groundhandling 
services. 

(11) 

In certain cases the safety, security, capacity and space availability constraints can be 
such  that  they  may  justify  further  restrictions  on  market  access  or  on  self-handling, 
provided  that  these  restrictions  are  relevant,  objective,  transparent  and  non-
discriminatory. In such cases Member States should be entitled to request exemptions 
from the provisions of this Regulation. 

(12)  The purpose of these exemptions should be to enable airport authorities to overcome 
or  at  least  reduce  these  constraints.  Such  exemptions  should  be  approved  by  the 
Commission. 

(13) 

If effective and fair competition is to be maintained where the number of suppliers of 
groundhandling services is limited, those suppliers need to be chosen according to an 
open,  transparent  and  non-discriminatory  tender  procedure.  The  details  of  such  a 
procedure should be further specified. 

(14)  Airport  users  should  be  consulted  in  the  selection  of  suppliers  of  groundhandling 
services,  since  they  have  a  major  interest  in  the  quality  and  price  of  groundhandling 
services. 

EN 

12 

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(15) 

(16) 

It  is  therefore  necessary  to  arrange  for  the  representation  of  airport  users  and  their 
consultation,  in  particular  when  authorised  suppliers  of  groundhandling  services  are 
selected. 

In the context of the selection of suppliers of groundhandling services at an airport, it 
should be possible in certain circumstances and under specific conditions to extend a 
public  service  obligation  to  other  airports  in  the  same  geographical  region  of  the 
Member State concerned. 

(17)  Ambiguity exists as to whether Member States may require the takeover of staff upon 
a  change  of  provider  for  groundhandling  services  to  which  access  is  limited. 
Discontinuity of staff can have a detrimental effect on the quality of groundhandling 
services. It is therefore appropriate to clarify the rules on the takeover of staff beyond 
the application of Directive 2001/23/EC on transfers of undertakings enabling Member 
States to ensure adequate employment and working conditions. 

(18) 

In  order  to  ensure  the  proper  and  smooth  functioning  of  air  transport  operations  at 
airports,  guarantee  safety  and  security  on  airport  premises  as  well  as  protect  the 
environment  and  ensure  compliance  with  the  applicable  social  provisions  and  rules, 
the provision of groundhandling services should be subject to an appropriate approval. 
Given  that  systems  for  approving  the  provision of groundhandling services currently 
exist  in  the  majority  of  Member  States  but  differ  widely,  a  harmonised  approval 
system should be introduced. 

(19)  To  make  sure  that  all  service  suppliers  and  self-handling  airport  users  possess 
sufficient  economic  solidity,  good  repute,  sufficient  insurance  coverage,  and  proper 
knowledge of groundhandling operations and the airport environment, and in order to 
establish a level playing field, the granting of approval should be subject to minimum 
requirements. 

(20)  Open access to the centralised infrastructure of the airport and a clear legal framework 
for the definition of the centralised infrastructure is essential for the efficient provision 
of  groundhandling  services.  It  should  be  possible,  however,  to  collect  a  fee  for  the 
centralised infrastructure. 

(21)  The fees should be non-discriminatory and the calculation should be transparent. The 
fees  should  not  exceed  what  is  necessary  to  cover  the  costs  of  the  provision  of  the 
centralised infrastructure including a reasonable return on assets. 

(22)  The managing body of the airport and/or any other managing body of the centralised 
infrastructure of that airport should regularly consult airport users on the definition of 
the infrastructure and the level of fees. 

(23)  The managing body of the airport may also supply groundhandling services itself. As 
at the same time, through its decision, the managing body of the airport may exercise 
considerable influence on competition between suppliers of groundhandling services, 
airports  should  be  required  to  keep  their  groundhandling  services  in  a  legal  entity 
separate from the legal entity for infrastructure management. 

(24) 

In  order  to  enable  airports  to  fulfil  their  infrastructure  management  functions,  to 
guarantee  safety  and  security  on  airport  premises  and  to  ensure  the  resilience  of 

EN 

13 

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groundhandling  services  also  in  crisis  situations  the  managing  body  of  the  airport 
should  be  responsible  for  the  proper  coordination  of  groundhandling  activities  at  the 
airport. The managing body of the airport should report on the coordination of airport 
groundhandling activities to the Performance Review Body of Eurocontrol in view of 
a consolidated optimisation. 

(25)  The managing body of the airport, a public authority or any other body controlling the 
airport  should  also  have  the  power  to  lay  down  the  necessary  rules  for  the  proper 
functioning of the airport infrastructure. 

(26) 

It is necessary to define obligatory minimum quality standards to be met by suppliers 
of  groundhandling  services  and  self-handling  airport  users  in  order  to  ensure  the 
overall quality of service and establish a level playing field among suppliers.  

(27)  With  a  view  of  enhancing  performance  across  the  whole  aviation  chain  and 
implementing the 'gate-to-gate' approach, the suppliers of groundhandling services and 
self-handling airport users should report to the Commission about their performance. 

(28) 

In a labour-intensive sector such as groundhandling, continuous staff development and 
training  have  a  strong  impact  on  service  quality.  Minimum  training  requirements 
should  therefore  be  set  to  ensure  the  quality  of  operations  in  terms  of  reliability, 
resilience, safety and security, and to create a level playing field among operators. 

(29)  Subcontracting 

increases  flexibility  for  suppliers  of  groundhandling  services. 
Nevertheless,  subcontracting  and  cascade  subcontracting  may  also  result  in  capacity 
constraints  and  have  negative  effects  on  safety  and  security.  Subcontracting  should 
therefore be limited and the rules governing subcontracting should be clarified.  

(30)  The rights recognised by this Regulation should only apply to third-country suppliers 
of  groundhandling  services  and  third-country  self-handling  airport  users  subject  to 
strict  reciprocity.  Where  there  is  not  such  reciprocity,  the  Commission  should  be 
enabled to decide that a Member State or Member States should suspend these rights 
with regard to such suppliers or users. 

(31)  Member States should retain the power to ensure an adequate level of social protection 

for the staff of undertaking providing groundhandling services. 

(32) 

In  order  to  ensure  that  harmonised  insurance  requirements  apply  for  suppliers  of 
groundhandling  services  and  self-handling  airport  users,  the  power  to  adopt  acts  in 
accordance with Article 290 of the Treaty should be delegated to the Commission in 
respect  of  insurance  requirements  for  suppliers  of  groundhandling  services  and  self-
handling  airport  users.  In  order  to  ensure  that  harmonised  and  properly  updated 
obligations  apply  concerning  the  minimum  quality  standards  for  groundhandling 
services  and  concerning  the  reporting  obligations  for  suppliers  of  groundhandling 
services  and  self-handling  airport  users,  the  power  to  adopt  acts  in  accordance  with 
Article  290  of  the  Treaty  should  be  delegated  to  the  Commission  in  respect  of 
specifications  for  minimum  quality  standards  for  groundhandling  services  and  in 
respect of specifications for the content and dissemination of reporting obligations for 
suppliers of groundhandling services and self-handling airport users. It is of particular 
importance  that  the  Commission  carries  out  appropriate  consultations  during  its 

EN 

14 

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preparatory work, including at expert level and involving the specific Sectoral Social 
Dialogue Committee set up under Decision 98/500/EC. 

(33)  The  Commission,  when  preparing  and  drawing  up  delegated  acts,  should  ensure  a 
simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and Council. 

(34) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council of 16 February 2011 laying down the rules and general 
principles  concerning  mechanisms  for  control  by  the  Member  States  of  the 
Commission's exercise of implementing powers16. 

(35)  The  advisory  procedure  should  be  used  for  adopting  implementing  decisions  on 
exemptions  to  the  degree  of  opening  of  the  market  for  groundhandling  services  for 
third  parties  and  for  self-handling  airlines  given  that  those  acts  are  only  of  limited 
scope. 

(36)  The advisory  procedure should also be used for  adopting implementing decisions  on 
the  extension  by  Member  States  of  a  public  service  obligation  to  an  island  airport 
given that those acts are only of limited scope. 

(37)  The  examination  procedure  should  be  used  for  adopting  implementing  decisions  on 
the  whole  or  partial  suspension  of  the  right  of  access  to  the  groundhandling  market 
within a Member States' territory for suppliers of groundhandling services and airport 
users from a third country. 

(38)  Since the objective of this Regulation, namely more homogenous application of Union 
legislation with regard to groundhandling services cannot be sufficiently achieved by 
the Member States due to the international character of air transport, and can therefore 
be better achieved at Union level, the Union may adopt measures, in accordance with 
the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the 
principle  of  proportionality,  as  set  out  in  that  Article,  this  Regulation  does  not  go 
beyond what is necessary in order to achieve that objective. 

(39)  The  Ministerial  Statement  on  Gibraltar  Airport,  agreed  in  Cordoba  on  18  September 
2006, during the first Ministerial meeting of the Forum of Dialogue on Gibraltar, will 
replace  the  Joint  Declaration  on  Gibraltar  Airport  made  in  London  on  2  December 
1987, and the full compliance with it will be deemed to constitute compliance with the 
1987 declaration. 

(40)  Directive 96/67/EC should therefore be repealed. 

16 

OJ L 55, 28.2.2011, p. 13. 

EN 

15 

   EN 

 
                                                 
HAVE ADOPTED THIS REGULATION: 

Chapter I — Scope and definitions 

Article 1 
Scope 

The Regulation shall apply to any airport located in the territory of a Member State subject to 
the Treaty and open to commercial traffic. 

The  application  of  this  Regulation  to  the  airport  of  Gibraltar  is  without  prejudice  to  the 
respective legal positions of the Kingdom of Spain and the United Kingdom of Great Britain 
and Northern Ireland with regard to the dispute over sovereignty over the territory in which 
the airport is situated. 

Article 2 
Definitions 

For the purposes of this Regulation, the following definitions shall apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

'airport'  means  any  area  of  land  especially  adapted  for  the  landing,  taking-off  and 
manoeuvres  of  aircraft,  including  the  ancillary  installations  which  these  operations 
may  involve  for  the  requirements  of  aircraft  traffic  and  services  including  the 
installations needed to assist commercial air services; 

'managing  body  of  the  airport'  means  a  body  which,  in  conjunction  with  other 
activities  or  not  as  the  case  may  be,  has  as  its  objective  under  national  law  or 
regulation the administration and management of the airport infrastructures, and the 
coordination  and  control  of  the  activities  of  the  different  operators  present  in  the 
airport concerned; 

'airport  user'  means  any  natural  or  legal  person  responsible  for  the  carriage  of 
passengers, mail and/or freight by air to or from the airport concerned; 

'groundhandling' means the services provided to airport users at airports as set out in 
the Annex; 

'self-handling' means a situation where an airport user directly provides for itself 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  purpose  of 
this regulation, among themselves airport users are not be deemed to be third parties 
where:  

– 

– 

one holds a majority holding in the other; or  

a single body has a majority holding in each; 

(f) 

'supplier  of  groundhandling  services'  means  any  natural  or  legal  person  supplying 
third parties with one or more categories of groundhandling services; 

EN 

16 

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(g) 

(h) 

(i) 

(j) 

1. 

2. 

1. 

2. 

3. 

'centralised  infrastructure'  means  specific  installations  and/or  facilities  at  an  airport 
which  cannot,  for  technical,  environmental,  cost  or  capacity  reasons,  be  divided  or 
duplicated  and  whose  availability  is  essential  and  necessary  for  the  performance  of 
subsequent groundhandling services; 

'subcontracting' means the conclusion of a contract by a supplier of groundhandling 
services,  in  its  capacity  as  the  main  contractor,  or  exceptionally  by  a  self-handling 
airport user, with a third party termed 'subcontractor', under which the subcontractor 
is required to perform one or more categories (or subcategories) of groundhandling 
services; 

'approval': means an approval granted by the competent authority to an undertaking 
to provide groundhandling services as stated in the approval; 

'independent  supervisory  authority'  means  the  authority  referred  to  in  Article  11  of 
Directive 2009/12/EC. 

Chapter II — General preliminary requirements 

Article 3 
Managing body of the airport 

Where  an  airport  is  managed  and  operated  not  by  a  single  body  but  by  several 
separate bodies, each of these bodies shall be considered part of the managing body 
of the airport for the purposes of this Regulation. 

Where only a single managing body of the airport is set up for several airports, each 
of those airports shall be considered separately for the purposes of this Regulation. 

Article 4 
Airport Users' Committee 

Each  of  the  airports  concerned  shall  establish  a  committee  of  representatives  of 
airport  users  or  of  organisations  representing  airport  users  ('Airport  Users' 
Committee'). 

All airport users shall have the right to participate in the work of the Airport Users' 
Committee, or, if they so wish, to be represented on it by an organisation designated 
to  that  effect.  However,  if  they  are  represented  by  such  an  organisation,  this 
organisation shall not provide groundhandling services at the concerned airport. 

The Airport Users' Committee shall establish in writing its own rules of procedures, 
including its own voting rules. 

The  voting  rules  shall  include  specific  provisions  on  how  to  avoid  any  conflict  of 
interests in the Airport Users' Committee resulting from the presence of airport users 
that  provide  groundhandling  services  at  the  airport  concerned.  In  particular,  where 
the Airport Users' Committee is consulted in the course of the selection procedure in 
accordance  with  in  Articles  8  and  9,  airport  users  applying  for  an  authorisation  to 

EN 

17 

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provide one or more groundhandling services to third parties shall not be entitled to 
vote. 

4. 

The weighting of votes within the Airport Users' Committee shall be such that: 

(a) 

(b) 

irrespective of the annual traffic volume carried by a single airport user at an 
airport, its voting power shall not exceed 49 % of the totality of the votes; 

the voting power of self-handling airport users shall not exceed one third of the 
totality of the votes. 

5. 

The managing body of the airport shall provide the secretariat of the Airport Users' 
Committee.  

If  the  managing  body  of  the  airport  refuses  to  do  so  or  if  the  Airport  Users' 
Committee  does  not  accept  this,  the  managing  body  of  the  airport  shall  designate 
another  entity  which  has  to  be  accepted  by  the  Airport  Users'  Committee.  The 
secretariat of the Airport Users' Committee shall keep and maintain the list of airport 
users or their representatives that are part of the Airport Users' Committee. 

6. 

The secretariat of the Airport Users' Committee shall keep minutes of each meeting 
of the Airport Users' Committee. These minutes shall faithfully reflect the views and 
votes results during the meeting. 

Chapter III — Opening of the groundhandling market 

SECTION 1  SELF-HANDLING 

Article 5 
Self-handling 

All airport users shall be free to self-handle. 

SECTION 2  GROUNDHANDLING FOR THIRD PARTIES 

Article 6 
Groundhandling for third parties 

1. 

2. 

Suppliers  of  groundhandling  services  shall  have  free  access  to  the  market  for  the 
provision  of  groundhandling  services  to  third  parties  on  any  airport  whose  annual 
traffic  has  been  not  less  than  2  million  passenger  movements  or  50  000  tonnes  of 
freight for at least the previous three years. 

For airports as referred to in paragraph (1) Member States may limit the number of 
suppliers authorised to provide the following categories of groundhandling services : 

(a)  baggage handling; 

EN 

18 

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(b) 

ramp handling; 

(c) 

fuel and oil handling; 

(d) 

freight and mail handling as regards the physical handling of freight and mail, 
whether incoming, outgoing or being transferred, between the air terminal and 
the aircraft. 

However, Member States shall not limit this number to fewer than two suppliers for 
each  category  of  groundhandling  services  or,  for  airports  whose  annual  traffic  has 
been not less than 5 million passengers or 100 000 tonnes of freight for at least the 
previous  three  years,  to  fewer  than  three  suppliers  for  each  category  of 
groundhandling services. 

3. 

At  airports  where  the  number  of  suppliers  is  limited  to  two  or  more  suppliers  in 
accordance  with paragraph (2) of this Article, or Article 14 (1) (a) and (c), at least 
one of the authorised suppliers shall not be directly or indirectly controlled by: 

(a) 

the managing body of the airport, 

(b) 

any airport user who has carried more than 25 % of the passengers or freight 
recorded at the airport during the year preceding that in which those suppliers 
were selected, 

(c) 

a body directly or indirectly controlling, or controlled by the managing body of 
the airport as referred to in point (a) or any such user referred to in point (b). 

Control  shall  be  constituted  by  rights,  contracts  or  any  other  means,  which  either 
separately or in combination and having regard to the considerations of fact or law 
involved,  confer  the  possibility  of  exercising  decisive  influence  on  the  supplier  as 
interpreted by the Court of Justice of the European Union. 

Where  the  number  of  authorised  suppliers  is  restricted  pursuant  to  paragraph  (2), 
Member  States  may  not  prevent  an  airport  user,  whatever  part  of  the  airport  is 
allocated to him, from having, in respect of each category of groundhandling service 
subject  to  limitation,  an  effective  choice,  under  the  conditions  laid  down  in 
paragraphs (2) and (3), between at least: 

– 

– 

two suppliers of groundhandling services, or 

three suppliers of groundhandling services for airports whose annual traffic has 
been not less than 5 million passengers or 100 000 tonnes of freight for at least 
the previous three years. 

Where an airport reaches one of the freight traffic thresholds laid down in this Article 
without  reaching  the  corresponding  passenger  movement  threshold,  this  Regulation 
shall  not  apply  to  categories  of  groundhandling  services  reserved  exclusively  for 
passengers. 

Any  airport  whose  annual  traffic  has  been  not  less  than  2  million  passenger 
movements or 50 000 tonnes of freight for at least three consecutive years and whose 
annual  traffic  subsequently  passes  under  the  threshold  of  2  million  passenger 

4. 

5. 

6. 

EN 

19 

   EN 

 
movements or 50 000 tonnes of freight shall maintain its market open to third-party 
handling  suppliers  during  at  least  the  first  three  years  following  the  year  it  passed 
under the threshold. 

Any airport whose annual traffic has been for three consecutive years not less than 5 
million passenger movements or 100 000 tonnes of freight and whose annual traffic 
passes under the threshold of 5 million passenger movements or 100 000 tonnes of 
freight shall maintain its market open to third-party handling suppliers during at least 
the first three years following the year it passed under the threshold. 

Article 7 
Selection of suppliers 

Suppliers  authorised  to  provide  groundhandling  services  at  an  airport  where  their 
number  is  limited  under  Article  6  or  Article  14  shall  be  selected  according  to  a 
transparent, open and non-discriminatory tender procedure. 

7. 

1. 

2. 

The tendering authority shall be 

(a) 

the managing body of the airport, provided it: 

– 

– 

– 

does not provide similar groundhandling services; and 

has  no  direct  or  indirect  control  over  any  undertaking  which  provides 

such services; and 

has no involvement in any such undertaking; 

(b) 

in all other cases, a competent authority independent of the managing body of 
the airport. 

The Airport Users' Committee shall not have access to the applicants' submissions at 
any stage of the selection procedure. The managing body of the airport shall not have 
access to the applicants' submissions at any stage of the selection procedure, if is not 
the tendering authority. 

After  having  notified  the  Commission,  the  Member  State  concerned  may  include 
among the tender specifications a public service obligation to be met by suppliers of 
groundhandling  services  in  respect  of  airports  serving  peripheral  or  developing 
regions  which  are  part  of  its  territory,  where  suppliers  are  not  willing  to  provide 
groundhandling  services  without  public  support 
rights  or 
compensation payments), but where such airports are of vital importance as regards 
accessibility for the Member State concerned. This provision is without prejudice to 
the EU State Aid rules. 

(i.e.  exclusive 

The invitation to tender shall be launched and published in the Official Journal of the 
European Union. 

The selection of the suppliers by the tendering authority shall be done in two stages: 

(a) 

a qualification procedure to examine the suitability of the applicants; and 

3. 

4. 

5. 

6. 

EN 

20 

   EN 

 
(b) 

an award procedure to select the authorised supplier(s). 

Article 8 
Qualification procedure 

1. 

In the qualification procedure the tendering authority shall verify that the applicants 
meet  a  number  of  minimum  criteria.  The  tendering  authority  shall  establish  these 
minimum  criteria  after  consulting  the  Airport  Users'  Committee  and  the  managing 
body of the airport, if the latter is different from the tendering authority. 

2. 

The minimum criteria shall include the following: 

(a) 

(b) 

the  applicant  has  a  valid  approval  issued  in  accordance  with  chapter  IV  on 
Approval Procedures; 

the  applicant  demonstrates  its  ability  and  commits  in  writing  to  apply  the 
relevant  provisions  and  rules  including  applicable  labour  laws,  applicable 
collective agreements, rules of conduct at the airport and quality requirements 
at the airport. 

The  tendering  authority  shall  short-list  the  applicants  meeting  the  criteria  of  the 
qualification procedure. 

Article 9 
Award procedure 

In  the  award  procedure  the  tendering  authority  shall  select  a  supplier  among  the 
short-listed  applicants  and  award  the  authorisation  to  this  supplier  after  consulting 
the  Airport  Users'  Committee  and  the  managing  body  of  the  airport,  if  the  latter  is 
different from the tendering authority. 

The  selection  of  the  supplier  for  the  award  of  the  authorisation  shall  be  based  on 
comparison of the applicants' submissions against a list of award criteria. The award 
criteria  shall  be  relevant,  objective,  transparent  and  non-discriminatory.  The 
tendering  authority  shall  establish  the  award  criteria  after  consulting  the  Airport 
Users' Committee and the managing body of the airport, if the latter is different from 
the tendering authority. 

3. 

1. 

2. 

3. 

The award criteria shall include the following: 

(a) 

(b) 

consistency  and  plausibility  of  the  business  plan  as  assessed  on  the  basis  of 
model costs calculations; 

level of quality of operations as assessed on the basis of a representative flight 
schedule  including,  where  relevant,  efficient  use  of  staff  and  equipment,  last 
acceptance  of  baggage  and  cargo,  delivery  times  for  baggage  and  cargo  and 
maximum turnaround times; 

(c) 

adequateness  of  material  resources  in  terms  of  availability  of  equipment  and 
environmental friendliness of equipment; 

EN 

21 

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(d) 

adequateness  of  human  resources  in  terms  of  workers'  experience  and 
adequateness of training/qualification programme; 

(e)  quality of information and communication technology; 

(f) 

quality of organisational planning; 

(g) 

environmental performance. 

The  relative  weighting  of  the  award  criteria  shall  appear  in  the  invitation  to  tender 
and the relevant documents. A range of points with an appropriate maximum spread 
shall be applied to each award criterion. The tendering authority may set a minimum 
number of points that a successful applicant has to reach for certain specific award 
criteria. The setting of a minimum number of points shall be non-discriminatory and 
shall  be  clearly  stated  in  the  invitation  to  tender  and  the  relevant  documents.  The 
tendering  authority  may  not  eliminate  any  of  the  award  criteria,  add  others  or 
subdivide those initially laid down in the invitation to tender. 

The  authorisation  to  provide  groundhandling  services  at  the  respective  airport  shall 
be  awarded  to  the  applicant  achieving  the  highest  number  of  points  while  also 
meeting any minimum number of points required for certain award criteria. 

Airport users that apply to provide third-party handling or which operate their own 
self-handling shall not be consulted in the award procedure. 

The tendering authority shall ensure that the award decision and the reasons for this 
decision are made public. 

Article 10 
Selection period and termination of activity 

Suppliers  of  groundhandling  services  shall  be  authorised  for  a  minimum  period  of 
seven years and a maximum period of ten years except in the case of exemptions for 
the  opening  of  self-handling  and  third-party  groundhandling  as  provided  for  in 
Article 14 (1). The exact period for which the suppliers are authorised and the date to 
start operations shall be clearly indicated in the invitation to tender. 

A  supplier  of  groundhandling  services  shall  begin  to  provide  services  within  one 
month  from  the  start  date  indicated  in  the  invitation  to  tender.  The  tendering 
authority  may,  in  duly  justified  cases,  at  the  request  of  the  supplier  of 
groundhandling services and after consulting the Airport Users' Committee, prolong 
this  period  for  a  maximum  of  six  months.  After  expiry  of  this  period,  the 
authorisation will cease to be valid. 

The tendering authority shall anticipate the end of the authorisation period and shall 
ensure that any supplier selected after a new invitation to tender is authorised to start 
its  operations  the  day  following  the  last  day  of  the  authorisation  period  of  the 
previously selected supplier(s). 

Where a supplier of groundhandling services ceases its activity before the end of the 
period for which it was authorised, the supplier shall be replaced on the basis of the 

4. 

5. 

6. 

7. 

1. 

2. 

3. 

4. 

EN 

22 

   EN 

 
5. 

6. 

7. 

1. 

2. 

selection  procedure  described  in  Articles  7,  8,  9  and  this  Article.  Any  supplier 
ceasing  its  activity  shall  inform  the  relevant  tendering  authority  of  its  intention  to 
cease  activity  sufficiently  in  advance  and  at  least  six  months  in  advance  before  it 
leaves the airport. Financial penalties may be imposed on the supplier if it does not 
inform  the  tendering  authority  sufficiently  in  advance  unless  the  supplier  can 
demonstrate force majeure. 

Where  a  supplier  ceases  its  activity  before  the  end  of  the  period  for  which  it  was 
authorised  and  does  not  leave  sufficient  time  to  the  tendering  authority  to  select  a 
new  supplier  before  it  leaves  the  airport,  with  the  result  that  there  is  a  temporary 
monopoly for certain groundhandling services at this airport, the Member State shall 
authorise  for  a  limited  period  of  time  not  exceeding  ten  months  a  supplier  of 
groundhandling  services  to  provide  groundhandling  services  at  that  airport  without 
having  recourse  to  the  selection  procedure  laid  down  in  Articles  7,  8,  9  and  this 
Article. 

If  the  Member  State  does  not  succeed  in  finding  a  supplier  of  groundhandling 
services for this limited period of time, the Member State shall regulate the prices of 
those groundhandling services for which a temporary monopoly exists until a further 
supplier starts providing these groundhandling services at the airport. 

The tendering authority shall inform the Airport Users' Committee and, if applicable, 
the managing body of the airport of decisions taken under Articles 7, 8 and 9 as well 
as under this Article. 

The Articles 7, 8 and 9 as well as the provisions of this Article shall not apply to the 
award  of  public  contracts  and  concessions  which  are  governed  by  different 
provisions of the Union law. 

Article 11 
Managing body of the airport as supplier of groundhandling services 

Where the number of suppliers of groundhandling services is limited in accordance 
with Article 6, the managing body of the airport may itself provide groundhandling 
services without being subject to the selection procedure laid down in Articles 7 to 
10. Similarly, it may, without following this procedure, authorise an undertaking to 
provide groundhandling services at the airport concerned: 

(a) 

if it controls that undertaking directly or indirectly;  

(b) 

if the undertaking controls it directly or indirectly. 

Where  a  managing  body  of  the  airport  supplying  groundhandling  services  in 
accordance with paragraph (1) no longer meets the conditions of paragraph (1), this 
supplier may continue to provide groundhandling services for a period of five years 
without being subject to the selection procedure laid down in Articles 7 to 10. At the 
end of this five-year period, the supplier shall inform the relevant tendering authority 
sufficiently  in  advance  and  at  least  six  months  before  the  expiry  of  the  five-year 
period. Financial penalties may be imposed on the supplier if it does not inform the 
tendering authority sufficiently in advance unless the supplier can demonstrate force 

EN 

23 

   EN 

 
majeure.  If  the  supplier  ceases  its  activity  before  the  end  of  the  five-year  period, 
Articles 10 (4) and 10 (5) shall apply. 

Article 12 
Safeguarding of employees' rights in the event of transfer of staff for services subject to 
market access restrictions 

This  Article  applies  only  to  groundhandling  services  for  which  the  Member  State 
concerned has limited the number of suppliers in accordance with Article 6 or 14. 

Where, following the selection procedure laid down in Articles 7 to 10, a supplier of 
groundhandling services mentioned in paragraph 1 loses its authorisation to provide 
these  services,  Member  States  may  require  supplier(s)  of  groundhandling  services 
which subsequently provide these services to grant staff previously hired to provide 
these services the rights to which they would have been entitled if there had been a 
transfer within the meaning of Council Directive 2001/23/EC17. 

Member States shall limit the requirement in paragraph (2) to the employees of the 
previous  supplier  who  are  involved  in  the  provision  of  services  for  which  the 
previous supplier lost authorisation, and who voluntarily accept to be taken on by the 
new supplier(s). 

Member  States  shall  limit  the  requirement  in  paragraph  (2)  so  that  it  is  to  be 
proportionate to the volume of activity effectively transferred to the other supplier(s). 

Where a Member State imposes a requirement as referred to in paragraph (2), tender 
documents for the selection procedure laid down in Articles 7 to 10 shall list the staff 
concerned  and  give  the  relevant  details  of  employees'  contractual  rights  and  the 
conditions  under  which  employees  are  deemed  to  be  linked  to  the  services  in 
question. 

Where  a  supplier  of  groundhandling  services  stops  providing  to  an  airport  user 
groundhandling  services  which  constitute  a  significant  part  of  the  groundhandling 
activities  of  this  supplier  in  cases  not  covered  by  paragraph  (2),  or  where  a  self-
handling  airport  user  decides  to  stop  self-handling,  Member  States  may  require  the 
supplier(s)  of  groundhandling  services  or  self-handling  airport  user  which 
subsequently provide these groundhandling services to grant staff previously hired to 
provide these services the rights to which they would have been entitled if there had 
been a transfer within the meaning of Council Directive 2001/23/EC. 

Member States shall limit the requirement in paragraph (6) to the employees of the 
previous supplier who are involved in the provision of groundhandling services that 
the previous supplier stops providing, and who voluntarily accept to be taken on by 
the new supplier(s) or self-handling airport user. 

Council  Directive  2001/23/EC  of  12  March  2001  on  the  approximation  of  the  laws  of  the  Member 
States  relating  to  the  safeguarding  of  employees'  rights  in  the  event  of  transfers  of  undertakings, 
businesses or parts of undertakings or businesses, OJ L 82, 22.3.2001, p. 16. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

17 

EN 

24 

   EN 

 
                                                 
8. 

9. 

10. 

11. 

Member States shall limit the requirement in paragraph (6) to the employees of the 
self-handling  airport  user  who  are  involved  in  the  provision  of  groundhandling 
services  for  which  the  self-handling  airport  user  decides  to  stop  self-handling,  and 
who voluntarily accept to be taken on by the new supplier(s) or self-handling airport 
user. 

Member  States  shall  limit  the  requirement  in  paragraph  (6)  so  that  it  is  to  be 
proportionate to the volume of activity effectively transferred to the other supplier or 
self-handling airport user. 

Member  States  may  entrust  management  and  labour  at  the  appropriate  level  with 
defining through negotiated agreement the practical arrangements implementing this 
Article. 

Members  State  shall  inform  the  Commission  on  any  measures  taken  in  accordance 
with this Article. 

Article 13 
Island airports 

For  the  selection  of  suppliers  of  groundhandling  services  at  an  airport  as  provided  for  in 
Articles 7 to 10, a Member State may extend a public service obligation to other airports in 
that Member State provided that: 

(a) 

those airports are located on islands in the same geographical region; and 

(b) 

such  airports  each  have  a  traffic  volume  of  no  less  than  100  000  passenger 
movements per year; 

(c) 

and such an extension is approved by the Commission. 

The  decision  on  approving  the  extension  constitutes  an  implementing  act  which  shall  be 
adopted  in  accordance  with  the  advisory  procedure  referred  to  in  Article  43  (2).  This 
provision is without prejudice to the EU State Aid rules.  

SECTION 3  EXEMPTIONS FOR SELF-HANDLING AND THIRD-PARTY 
GROUNDHANDLING 

Article 14 
Exemptions 

1. 

Where  specific  constraints  of  available  space  or  capacity  at  an  airport,  arising  in 
particular from congestion and area utilisation rate, make it impossible to open up the 
market and/or implement self-handling to the degree provided for in this Regulation, 
the Member State concerned may decide: 

(a) 

to limit to not fewer than two suppliers the number of suppliers for one or more 
categories  of  groundhandling  services  other  than  those  referred  to  in  Article 
6 (2) in all or part of the airport, whereby Article 6 (3) shall apply; 

EN 

25 

   EN 

 
(b) 

(c) 

(d) 

to reserve to a single supplier one or more of the categories of groundhandling 
services referred to in Article 6 (2) for airports whose annual traffic is not less 
than 2 million passengers annually or 50 000 tonnes of freight; 

to  limit  to  one  or  two  suppliers  one  or  more  of  the  categories  of 
groundhandling services referred to in Article 6 (2) for airports whose annual 
traffic  is  not  less  than  5  million  passengers  or  100  000  tonnes  of  freight, 
whereby in the case of a limitation to two suppliers Article 6 (3) shall apply;  

to  reserve  self-handling  as  referred  to  in  Article  (5)  to  a  limited  number  of 
airport  users,  provided  that  those  users  are  chosen  on  the  basis  of  relevant, 
objective, transparent and non-discriminatory criteria. 

2. 

All exemptions under paragraph 1 shall: 

(a) 

specify  the  category  or  categories  of  groundhandling  services  for  which  the 
exemption is granted and the specific constraints of available space or capacity 
which justify it; 

(b)  be accompanied by a plan of appropriate measures to overcome the constraints. 

3. 

Exemptions shall not: 

4. 

5. 

6. 

7. 

(a)  give  rise  to  distortions  of  competition  between  suppliers  of  groundhandling 

services and/or self-handling airport users; 

(b) 

extend further than necessary. 

Member  States  shall  notify  the  Commission,  at  least  six  months  before  they  enter 
into force, of any exemptions they intend to grant pursuant to paragraph (1) and of 
the grounds which justify them. 

Upon  receipt,  the  Commission  shall  publish  a  summary  of  the  notified  exemption 
decisions  in  the  Official  Journal  of  the  European  Union  and  shall  invite  interested 
parties to submit comments. 

The  Commission  shall  closely  examine  exemption  decisions  notified  by  Member 
States.  To  that  end  the  Commission  shall  make  a  detailed  analysis  of  the  situation 
and a study of the appropriate measures notified by the Member State to check that 
the  alleged  constraints  exist  and  that  it  is  impossible  to  open  up  the  market  and/or 
implement self-handling to the degree provided for in this Regulation. 

Further  to  that  examination  and  after  consulting  the  Member  State  concerned,  the 
Commission may approve the Member State's decision or oppose it if it deems that 
the  alleged  constraints  have  not  been  proven  to  exist  or  that  they  are  not  severe 
enough  to  justify  the  exemption.  After  consulting  the  Member  State  concerned  the 
Commission  may  also  require  the  Member  State  to  amend  the  extent  of  the 
exemption or restrict it to those parts of an airport where the alleged constraints have 
been proved to exist. 

EN 

26 

   EN 

 
8. 

9. 

10. 

11. 

The  decision  of  the  Commission  shall  be  taken  no  later  than  six  months  after 
complete  notification  by  the  Member  State  and  shall  be  published  in  the  Official 
Journal of the European Union. 

The implementing decisions referred to in paragraphs (7) and (8) of this Article shall 
be adopted in accordance with the advisory procedure referred to in Article 43 (2). 

Exemptions granted by Member States pursuant to paragraph (1) may not exceed a 
duration of three years except for exemptions granted under paragraph 1 (b) and (c). 
Not later than six months before the end of that period the Member State shall take a 
new  decision  on  each  request  for  exemption,  which  shall  also  be  subject  to  the 
provisions of this Article. 

Exemptions  granted  by  Member  States  under  paragraphs  (1)  (b)  and  (c)  may  not 
exceed a duration of two years. However, a Member State may in accordance with 
the considerations referred to in paragraph (1), request that this period be extended 
by a single period of two years. The Commission shall decide on such a request. The 
implementing  decision  shall  be  adopted  in  accordance  with  the  advisory  procedure 
referred to in Article 43 (2). 

Article 15 
Consultations of the suppliers of groundhandling services and of airport users 

The  managing  body  of  the  airport  shall  organise  a  procedure  for  consultation  on  the 
application  of  this  Regulation  between  itself,  the  Airport  Users'  Committee  and  the 
undertakings providing groundhandling services. This consultation shall cover, inter alia, the 
price of those groundhandling services for which an exemption has been granted pursuant to 
Article  14  (1)  (b)  and  (c)  and  the  organisation  of  the  provision  of  those  services.  A 
consultation meeting shall be held at least once a year. The managing body of the airport shall 
make a record of that meeting which shall be sent to the Commission at its request. 

Chapter IV — Approval procedures 

Article 16 
Requirement to obtain appropriate approval recognised in all EU Member States 

1. 

2. 

3. 

At  airports  whose  annual  traffic  has  been  not  less  than  2  million  passenger 
movements  or  50  000  tonnes  of  freight  for  at  least  three  consecutive  years,  no 
undertaking  shall  be  permitted  to  provide  groundhandling  services  whether  as  a 
supplier  of  groundhandling  services  or  as  a  self-handling  user  unless  it  has  been 
granted  the  appropriate  approval.  An  undertaking  meeting  the  requirements  of  this 
Chapter shall be entitled to receive an approval. 

Each  Member  State  shall  designate  a  competent  authority  ('approving  authority') 
independent of any managing body of the airport to be in charge of issuing approvals 
to provide groundhandling services. 

The  approving  authority  shall  not  grant  approvals  or  maintain  them  in  force  where 
any of the requirements of this Chapter are not complied with. 

EN 

27 

   EN 

 
Article 17 
Conditions for granting an approval 

1. 

An undertaking shall be granted an approval by the approving authority of a Member 
State provided that: 

(a) 

it is established and registered in a Member State; 

(b) 

its  company  structure  allows  the  approving  authority  to  implement  the 
provisions of this Chapter; 

(c) 

it complies with the financial conditions specified in Article 18; 

(d) 

it complies with the proof of good repute specified in Article 19; 

(e) 

it complies with the qualification of staff requirement specified in Article 20; 

(f) 

it complies with the requirements as regards an operations manual specified in 
Article 21; 

(g) 

it complies with the insurance requirements specified in Article 22. 

Paragraph (1) (a), (c), and (d) shall not apply to self-handling airport users which do 
not  provide  groundhandling  services  to  third  parties.  Airport  users  that  have  been 
issued  an  approval  for  self-handling  shall  not  be  authorised  to  provide  third-party 
handling on the basis of this approval. 

An  undertaking  applying  for  an  approval  or  having  obtained  an  approval  shall 
respect 
the  national  provisions  concerning  social  protection,  environmental 
protection and airport security of all Member States in which it operates. 

Article 18 
Financial conditions for granting an approval 

An  undertaking  applying  for  an  approval  shall  not  be  in  insolvency  or  in  similar 
proceedings or bankruptcy.  

The approving authority shall closely assess whether an undertaking applying for an 
approval can demonstrate that: 

(a) 

(b) 

it  can  meet  at  any  time  its  actual  and  potential  obligations  established  under 
realistic  assumptions,  for  a  period  of  24  months  from  the  start  of  operations; 
and 

it can meet its fixed and operational costs incurred by operations according to 
its  business  plan  and  established  under  realistic  assumptions,  for  a  period  of 
three  months  from  the  start  of  operations,  without  taking  into  account  any 
income from its operations. 

2. 

3. 

1. 

2. 

3. 

For the purposes of the assessment referred to in paragraph (1), each applicant shall 
submit its audited accounts for the two previous financial years. 

EN 

28 

   EN 

 
4. 

1. 

2. 

3. 

For the purposes of the assessment laid down in paragraph (2), each applicant shall 
submit  a  business  plan  for,  at  least,  the  first  three  years  of  operation.  The  business 
plan  shall  also  detail  the  applicant's  financial  links  with  any  other  commercial 
activities  in  which  the  applicant  is  engaged  either  directly  or  through  related 
undertakings. The applicant shall also provide all relevant information, in particular 
the following data: 

(a) 

a projected balance sheet, including profit-and-loss account, for the following 
three years; 

(b)  projected  cash-flow  statements  and  liquidity  plans  for  the  first  three  years  of 

operation; 

(c)  details of the financing of equipment purchase/leasing including, in the case of 

leasing, the terms and conditions of each contract, if relevant. 

Article 19 
Proof of good repute 

An  undertaking  applying  for  an  approval  shall  provide  a  proof  of  having  paid  its 
taxes and social security contributions in the most recent year, for the Member States 
where it carries out an activity or, in the case where it carries out no activity in the 
Union, for its country of origin. 

The undertaking shall also provide proof that the persons who will continuously and 
effectively manage the operations of the undertaking are of good repute or that they 
have not been declared bankrupt. The approving authority shall accept as sufficient 
evidence  in  respect  of  nationals  of  Member  States  the  production  of  documents 
issued  by  the  competent  authorities  in  the  Member  State  where  the  undertaking  is 
established  and  registered  or  the  Member  State  where  the  person  has  his/her 
permanent residence, and showing that those requirements are met.  

Where the Member State where the undertaking is established and registered or the 
Member State where the person has his/her permanent residence does not issue the 
documents  referred  to  in  paragraph  (2),  such  documents  shall  be  replaced  by  a 
declaration  on  oath  or  —  in  Member  States  where  there  is  no  provision  for 
declaration on oath — by a solemn declaration made by the person concerned before 
a  competent  judicial  or  administrative  authority  or,  where  appropriate,  a  notary  or 
qualified professional body of the Member State where the undertaking is established 
and  registered  or  the  Member  State  where  the  person  has  his/her  permanent 
residence.  Such  authority,  notary  or  qualified  professional  body  shall  issue  a 
certificate attesting the authenticity of the declaration on oath or solemn declaration. 

Article 20 
Qualification of staff 

An  undertaking  applying  for  an  approval  shall  demonstrate  that  its  employees  have  the 
qualification, professional experience and length of service necessary for the performance of 
the activity it applies for.  

EN 

29 

   EN 

 
Article 21 
Manual of operations 

An undertaking applying for an approval shall provide a manual of operations for the relevant 
activities which shall contain the following information: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

1. 

2. 

1. 

2. 

3. 

organization chart, management personnel, description of responsibilities and duties, 
accountability; 

capacity to operate safely in an airport context; 

equipment policy; 

qualification  requirements  for  personnel  as  well  as  corresponding 
requirements and training plan; 

training 

safety and quality management procedures; 

standard  handling  procedures,  including  coordination  with  airport  users  and  airport 
managing bodies, coordination of activities and specific handling procedures related 
to specific customers; 

emergency response policy; 

security management procedures. 

Article 22 
Insurance requirements  

Suppliers  of  groundhandling  services  and  self-handling  airport  users  in  the  Union 
shall  be  insured  in  respect  of  their  groundhandling-specific  liability  for  damage 
caused  on  the  territory  of  a  Member  State  and  for  which  a  right  to  compensation 
exists. 

The  Commission  shall  be  empowered  to  specify  further  details  on  the  insurance 
requirements and minimum amounts by means of a delegated act in accordance with 
Article 42. 

Article 23 
Validity of an approval 

An approval shall be valid for a period of five years. 

An  approval  shall  be  valid  for  the  categories  and/or  subcategories  specified  in  the 
approval. 

The  supplier  of  groundhandling  services  shall  at  all  times  be  able  upon  request  to 
demonstrate to the competent approving authority that it meets all the requirements 
of this Chapter.  

EN 

30 

   EN 

 
4. 

The  approving  authority  shall  monitor  compliance  with  the  requirements  of  this 
Chapter.  It  shall  in  any  case  review  compliance  with  these  requirements  in  the 
following cases: 

(a)  when a potential problem is suspected; or 

(b) 

at the request of an approving authority of another Member State; or 

(c) 

at the request of the Commission. 

5. 

The  approval  shall  be  resubmitted  for  a  new  approval  when  a  groundhandling 
undertaking: 

(a)  has not started operations within twelve months of the granting of an approval; 

or 

(b)  has ceased its operations for more than twelve months. 

6. 

A groundhandling undertaking shall notify the approving authority: 

(a) 

in advance of any substantial change in the scale of its activities; 

(b) 

In case an insolvency procedure is initiated for the undertaking.  

Article 24 
Revocation of approval 

1. 

2. 

1. 

2. 

The  approving  authority  may  at  any  time  revoke  the  approval  if  the  supplier  of 
groundhandling services or the self-handling airport user does not meet, for reasons 
of its own doing, the criteria laid down in this Chapter. The grounds for revocation 
shall be communicated to the supplier or the self-handling airport user concerned and 
to the approving authorities in the other Member States.  

The approving authority shall revoke the approval if the supplier of groundhandling 
services  knowingly  or  recklessly  furnishes  the  approving  authority  with  false 
information on an important point. 

Article 25 
Decisions on approvals 

The approving authority shall take a decision on an application as soon as possible, 
and not later than two months after all the necessary information has been submitted, 
taking into account all available evidence. The decision shall be communicated to the 
applicant and to the approving authorities in the other Member States. A refusal shall 
indicate the reasons therefore. 

The  approval  may  be  withheld  only  if  the  supplier  of  groundhandling  services  or 
self-handling  airport  user  does  not  meet,  for  reasons  of  his  own  doing,  the  criteria 
referred to in this Chapter.  

EN 

31 

   EN 

 
3. 

The  procedures  for  granting  and  revoking  approvals  shall  be  made  public  by  the 
approving authority, which shall inform the Commission thereof. 

Article 26 
Mutual recognition of approvals 

An  approval  issued  in  a  Member  State  in  accordance  with  this  Chapter  shall  permit  to  an 
operator  to  provide  groundhandling  services,  whether  as  a  supplier  of  groundhandling 
services or as a self-handling airport user, in all Member States subject to the conditions set in 
the approval and without prejudice to limitations on market access in accordance with Articles 
6 and 14. 

Chapter V — Obligation for managing bodies of the airport and 
of the centralised infrastructure 

1. 

2. 

3. 

4. 

5. 

Article 27 
Access to centralised infrastructures and installations 

This Article shall apply only to airports whose annual traffic has been not less than 2 
million  passenger  movements  or  50  000  tonnes  of  freight  for  at  least  the  previous 
three years. 

The managing body of the airport shall publish a list of the centralised infrastructures 
at the airport. 

The management of the centralised infrastructures may be reserved for the managing 
body of the airport or to another body, which may make it compulsory for suppliers 
those 
of  groundhandling  services  and  self-handling  airport  users 
infrastructures.  The  management  of  such  infrastructures  shall  be  carried  out  in  a 
transparent, objective and non-discriminatory manner. 

to  use 

The managing body of the airport, or where appropriate the public authority or any 
other  body  which  controls  the  managing  body  of  the  airport,  shall  decide  on  an 
objective  basis  and  after  consulting  the  Airport  Users'  Committee  and  the 
undertakings  providing  groundhandling  services  at  the  airport,  on  infrastructures  to 
be  centralised.  The  managing  body  of  the  airport,  or  where  appropriate  the  public 
authority  or  any  other  body  which  controls  the  managing  body  of  the  airport,  shall 
ensure  that  any  infrastructure  or  installation  falling  under  the  definition  of 
'centralised  infrastructure'  shall  be  designated  as  such  and  that  the  requirements  set 
out in this Chapter are complied with for this infrastructure or installation. 

Where  the  Airport  Users'  Committee  disagrees  with  the  decision  of  the  managing 
body  of  the  airport  to  centralise,  or  not  to  centralise,  an  infrastructure  or  with  the 
scope  of  centralisation,  it  may  ask  the  independent  supervisory  authority  of  the 
Member  State  concerned  to  decide  whether  the  infrastructure  concerned  is  to  be 
centralised or not and to what extent. 

EN 

32 

   EN 

 
6. 

7. 

8. 

1. 

2. 

3. 

4. 

Suppliers of groundhandling services and self-handling airport users shall have open 
access to airport infrastructures, centralised infrastructures and airport installations to 
the extent necessary to enable them to carry out their activities. The managing body 
of the airport or, where relevant, the managing body of the centralised infrastructure 
or,  where  appropriate,  the  public  authority  or  any  other  body  which  controls  the 
managing  body  of  the  airport  or,  where  relevant,  the  managing  body  of  the 
centralised  infrastructure  may  make  this  access  subject  to  conditions  that  are 
relevant, objective, transparent and non-discriminatory. 

The  space  available  for  groundhandling  at  an  airport  shall  be  divided  among  the 
various  suppliers  of  groundhandling  services  and  self-handling  airport  users, 
including new entrants, to the extent necessary for the exercise of their rights and to 
allow effective and fair competition, on the basis of relevant, objective, transparent 
and non-discriminatory rules and criteria. 

If  a  decision  on  the  scope  of  the  centralised  infrastructure  is  brought  before  the 
independent  supervisory  authority  in  line  with  paragraph  (5)  of  this  Article,  the 
procedure laid down in Article 6 of Directive 2009/12/EC shall apply. 

Article 28 
Fees for centralised infrastructures and installations 

This Article shall apply only to airports whose annual traffic has been not less than 2 
million passenger movements or 50 000 tonnes of freight at least the previous three 
years. 

Where the use of the centralised infrastructures or airport installations is subject to a 
fee, the managing body of the airport or, where relevant, the managing body of the 
centralised infrastructure shall ensure that the level of fee is set out on the basis of 
relevant, objective, transparent and non-discriminatory criteria. 

The  managing  body  of  the  airport  or,  where  relevant,  the  managing  body  of  the 
centralised  infrastructure  shall  be  entitled  to  recover  its  costs  and  to  make  a 
reasonable  return  on  assets  from  the  fees  charged.  The  fees  shall  constitute 
consideration for a service. 

Any  fees  as  referred  to  in    paragraph  (1)  shall  be  set  at  the  level  of  the  individual 
airport  after  consulting  the  Airport  Users'  Committee  and  with  the  undertakings 
providing groundhandling services at the airport. The managing body of the airport 
or,  where  relevant,  the  managing  body  of  the  centralised  infrastructure,  shall 
annually  provide  the  Airport  Users'  Committee  and  the  undertakings  providing 
groundhandling services at the airport with information on the components serving as 
the  basis  for  determining  the  fees.  The  information  shall  include  at  least  the 
following: 

(a) 

a list of the various services and infrastructure provided in return for the fees; 

(b) 

the methodology used for setting the fees; 

(c) 

the overall cost structure with regard to the facilities and services to which the 
fees relate; 

EN 

33 

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(d) 

(e) 

(f) 

the  revenue  from  the  different  fees,  the  total  cost  of  the  services  covered  by 
them and the return on assets; 

any financing from public authorities for the facilities and services to which the 
fee relates; 

the  predicted  outcome  of  any  major  proposed  investments  in  terms  of  their 
effects on airport capacity. 

The managing body of the airport shall publish the levels of fees, including a detailed 
list  of  the  services  provided,  so  as  to  demonstrate  that  any  fees  collected  for  the 
provision  of  centralised  infrastructures,  space  for  groundhandling  and  essential 
services related to the provision of groundhandling services are exclusively used to 
recover  all  or  part  of  the  related  costs.  Where  relevant,  the  managing  body  of  the 
centralised  infrastructure  shall  communicate  the  levels  of  fees,  including  a  detailed 
list of the services provided, to the managing body of the airport. 

Where the Airport Users' Committee disagrees with a fee set by the managing body 
of the airport or, where relevant, the managing body of the centralised infrastructure, 
it may ask the independent supervisory authority of the Member State concerned to 
decide on the level of the fee. 

If  a  decision  on  the  levels  of  fees  is  brought  before  the  independent  supervisory 
authority  in  line  with  paragraph  paragraph  (6)  of  this  Article,  the  procedure  laid 
down in Article 6 of Directive 2009/12/EC shall apply. 

Article 29 
Legal separation 

At airports whose annual traffic volume has been not less than 2 million passenger 
movements  or  50  000  tonnes  of  freight  for  at  least  the  previous  three  years,  the 
managing body of the airport or the managing body of the centralised infrastructure 
shall,  if  it  provides  groundhandling  services  for  third  parties,  establish  a  separate 
legal entity for the provision of these groundhandling activities. 

This  entity  shall  be  independent  in  terms  of  its  legal  form,  its  organisation  and  its 
decision-making  from  any  entity  concerned  with  the  management  of  airport 
infrastructure  where  the  managing  body  of  the  airport  provides  groundhandling 
services to third parties, and from any entity concerned with centralised infrastructure 
where the managing body of the centralised infrastructure provides groundhandling 
services to third parties. 

At airports whose annual traffic volume has been not less than 2 million passenger 
movements  or  50  000  tonnes  of  freight  for  at  least  the  previous  three  years,  the 
persons  responsible  for  the  management  of  the  airport  infrastructure  or  the 
management  of  the  centralised  infrastructure  may  not  participate  directly  or 
indirectly 
independent  entity  providing 
in 
groundhandling services. 

the  company  structures  of 

the 

5. 

6. 

7. 

1. 

2. 

3. 

The legal entity proving groundhandling services as referred to in paragraph (1) may 
not  receive  any  financial  cross-subsidisation  from  aeronautical  activities  related  to 

EN 

34 

   EN 

 
4. 

5. 

the  management  of  airport  infrastructure  in  cases  where  the  managing  body  of  the 
airport  provides  groundhandling  services,  or  from  aeronautical  activities  related  to 
the  management  of  centralised  infrastructure  in  cases  where  the  managing  body  of 
the  centralised  infrastructure  provides  groundhandling  services  which  would  allow 
the legal entity providing groundhandling services to reduce the prices it charges for 
its groundhandling services to third parties. 

For  the  purpose  of  this  Article  'aeronautical  activities'  of  a  managing  body  of  the 
airport  means  any  activity  that  the  managing  body  of  the  airport  carries  at  its 
respective airport out which is related to the provision of services or infrastructures 
to airport users, suppliers of groundhandling services in their activity of air transport, 
or air passengers using the airport, such as levying of airport charges, allocation of 
infrastructures  and  installations,  security  and  safety  measures  at  the  airport.  Non-
aeronautical activities include real estate activities or any activities in another sector 
than air transport. 

At the close of each financial year an independent auditor shall verify the situation 
and publicly declare that such financial cross-subsidisation has not occurred. Where 
the legal entity providing groundhandling services receives cross-subsidisation from 
non-aeronautical activities, the entity managing the airport infrastructure or the entity 
managing the centralised infrastructure shall demonstrate that this is compliant with 
paragraph (3). 

Chapter VI — Coordination of activities and quality 

Article 30 
Role of the managing body of the airport for the coordination of groundhandling services 

1. 

2. 

3. 

4. 

The  managing  body  of  the  airport  shall  be  in  charge  of  the  proper  coordination  of 
groundhandling activities at its airport. As ground coordinator, the managing body of 
the  airport  shall 
the  operations  of  suppliers  of 
groundhandling services and self-handling airport users comply with the airport rules 
of conduct as defined in Article 31.  

in  particular  ensure 

that 

In  addition,  at  airports  whose  annual  traffic  has  been  not  less  than  5  million 
passengers or 100 000 tonnes of freight for at least three consecutive years:  

(a) 

(b) 

the operations of suppliers of groundhandling services and self-handling airport 
users shall comply with minimum quality standards, as specified in Article 32; 

the managing body of the airport shall ensure that the operations of suppliers of 
groundhandling  services  and  self-handling  airport  users  are  coordinated 
through an airport Collaborative Decision Making (CDM) and through a proper 
contingency plan. 

The provisions of this Article are without prejudice to the EU competition rules.  

The managing body of the airport shall provide an annual report on the application of 
the  measures  presented  in  paragraph  (2)  to  the  Performance  Review  Body  of 

EN 

35 

   EN 

 
5. 

1. 

2. 

3. 

Eurocontrol.  The  Performance  Review  Body  shall  provide  a  consolidated  report  to 
the Commission. 

The managing body of the airport shall report to the national approving authority any 
problem with the suppliers of groundhandling services or self-handling airport users 
at its airport.  

Article 31 
Rules of conduct 

For the purposes of this Article, 'rules of conduct' comprises any rules defined by the 
managing body of the airport, a public authority or any other body which controls the 
airport for the proper functioning of the airport. 

The  managing  body  of  the  airport,  a  public  authority  or  any  other  body  which 
controls the airport may lay down rules of conduct.  

The rules of conduct shall comply with the following principles: 

(a) 

they shall be applied in a non-discriminatory manner to the various suppliers of 
groundhandling services and airport users; 

(b) 

they shall relate to the intended objective; 

(c) 

they may not, in practice, reduce market access or the freedom to self-handle to 
a degree below that provided for in this Regulation. 

4. 

A Member State may, where appropriate on a proposal from the managing body of 
the airport: 

(a)  prohibit  a  supplier  of  groundhandling  services  or  a  self-handling  airport  user 
from supplying groundhandling services or self-handling if that supplier or user 
fails to comply with the rules of conduct; 

(b) 

require suppliers of groundhandling services at an airport to participate in a fair 
and  non-discriminatory  manner  in  carrying  out  the  public  service  obligations 
laid  down  in  national  laws  or  rules,  including  the  obligation  to  ensure 
continuous service. 

Article 32 
Minimum quality standards 

1. 

2. 

For the purposes of this Article, 'minimum quality standards' means minimum quality 
level requirements for groundhandling services. 

At  airports  whose  annual  traffic  has  been  not  less  than  5  million  passenger 
movements  or  100  000  tonnes  of  freight  for  at  least  the  previous  three  years,  the 
managing body of the airport or, where appropriate, the public authority or any other 
body  which  controls  the  airport  shall  set  minimum  quality  standards  for  the 
performance of groundhandling services. 

EN 

36 

   EN 

 
3. 

4. 

5. 

6. 

7. 

1. 

2. 

1. 

Suppliers  of  groundhandling  services  and  self-handling  airport  users  shall  respect 
these  minimum  quality  standards.  In  addition,  airport  users  and  suppliers  of 
groundhandling  services  shall  respect  the  minimum  quality  standards  in  their 
contractual relations. 

The  minimum  quality  standards  shall  cover  in  particular  the  following  fields: 
operational  performance,  training,  information  and  assistance  to  passengers,  in 
particular  as  referred  to  in  Regulations  (EC)  No  261/2004  of  the  European 
Parliament and of the Council18 and EC (No) 1107/2006 of the European Parliament 
and  of  the  Council19,  CDM,  safety,  security,  contingency  measures,  and  the 
environment. 

The  minimum  quality  standards  shall  be  fair,  transparent,  non-discriminatory  and 
without  prejudice  to  applicable  Union  legislation,  including  Regulations  (EC)  No 
261/2004  and  (EC)  No  1107/2006.  They  shall  be  consistent,  proportionate  and 
relevant  in  relation  to  the  quality  of  airport  operations.  In  this  regard  due  account 
shall be taken of the quality of customs, airport security and immigrations procedure. 

The  minimum  quality  standards  shall  comply  with  specifications  set  by  the 
Commission. The Commission shall be empowered to adopt those specifications by 
means of  delegated acts in accordance with Article 42. 

Prior  to  establishing  these  standards  the  airport  managing  body  shall  consult  the 
Airport Users' Committee and the suppliers of groundhandling services. 

Article 33 
Reporting obligations on the performance of groundhandling services 

At  airports  whose  annual  traffic  has  been  not  less  than  5  million  passenger 
movements or 100 000 tonnes of freight for at least three consecutive years, suppliers 
of  groundhandling  services  and  self-handling  airport  users  shall  report  on  their 
operational performance to the Commission. 

The Commission shall be empowered to adopt detailed specifications regarding the 
content  and  dissemination  of  reporting  obligations  by  means  of  a  delegated  act  in 
accordance with Article 42. 

Article 34 
Training 

Suppliers of groundhandling services and self-handling airport users shall ensure that 
all their employees involved in the provision of groundhandling services, including 
managing  staff  and  supervisors,  regularly  attend  specific  and  recurrent  training  to 
enable them to perform the tasks assigned to them. 

18 
19 

OJ L 46, 17.2.2004, p.1. 
OJ L 204, 26.7.2006, p. 1. 

EN 

37 

   EN 

 
                                                 
2. 

3. 

Every employee involved in the provision of groundhandling services shall attend at 
least  two  days  of  training  relevant  for  the  tasks  assigned  to  the  employee.  Every 
employee shall attend the relevant training when taking up a new job or when a new 
task is assigned to the employee.  

Where relevant for the activity of groundhandling services in question, training shall 
cover at least: 

(a) 

security, including security control, security of operations, security equipment, 
and security threat management; 

(b)  dangerous goods; 

(c) 

(d) 

airside safety, including safety philosophy, safety regulations, hazards, human 
factors, airside markings and signage, emergency  situations, FOD  prevention, 
personal  protection,  accidents-incidents-near  misses,  and  airside  safety 
supervision; 

airside  driver  training,  including  general  responsibilities  and  procedures 
(reduced visibility procedures), vehicle equipment, airports rules, and layout of 
traffic and manoeuvring areas; 

(e)  ground support equipment (GSE) operations and management, including GSE 

maintenance and GSE operations; 

(f) 

load control, including general weight and balance proficiency and awareness, 
aircraft  structural  load  limitations,  unit  load  devices,  bulk  hold  loading,  load 
sheet,  balances  tables/charts,  loading  instructions  report  (LIR),  loading 
messages, and load control of dangerous goods; 

(g) 

functional  training  for  passenger  handling,  including  training  on  passenger 
boarding  bridge  training  and  passenger  information  and  assistance  in 
accordance with Regulations (EC) No 261/2004 and (EC) No 1107/2006; 

(h) 

functional training for baggage handling; 

(i) 

aircraft handling and loading training; 

(j) 

aircraft  ground  movement,  including  aircraft  ground  movement  operations, 
operation of equipment, equipment-aircraft connect and disconnect procedures, 
aircraft  ground  movement  hand  signals,  aircraft  marshalling,  and  aircraft 
ground movement assistance; 

(k) 

cargo and mail handling, including applicable prohibitions and restrictions on 
trade of goods; 

(l) 

aircraft turnaround coordination training; 

(m)  environment, including control of spillages, discharge management and waste 

disposal; 

(n) 

emergency measures and contingency management; 

EN 

38 

   EN 

 
4. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

(o) 

reporting systems; 

(p)  outsourcing quality control.  

Every supplier of groundhandling services and self-handling airport user shall report 
annually on the compliance with its training obligation to the managing body of the 
airport.  

Article 35 
Subcontracting 

Without  prejudice  to  paragraphs  (2),  (3)  and  (4),  suppliers  of  groundhandling 
services may engage in subcontracting. 

Self-handling airport users may subcontract groundhandling services only where they 
are temporarily unable to perform self-handling due to force majeure. 

Subcontractors may not subcontract groundhandling services. 

A  supplier  of  groundhandling  services  as  referred  to  in  Article  11  (1)  may  not 
subcontract  groundhandling  services  except  if  it  is  temporarily  unable  to  provide 
these groundhandling services due to force majeure. 

Any supplier of groundhandling services and self-handling airport user using one or 
more subcontractors shall ensure that the subcontractors comply with the obligations 
on suppliers of groundhandling services under this Regulation.  

Any supplier of groundhandling services and self-handling airport user using one or 
more subcontractors shall inform the managing body of the airport of the name and 
activities of the subcontractors concerned.  

Where a supplier of groundhandling services applies for an authorisation to provide 
groundhandling services under the selection procedure laid down in Article 7, it shall 
indicate the number, activities and names of the subcontractors it intends to use. 

Chapter VII — International relations 

Article 36 
Relations with third countries 

Without  prejudice  to  the  international  commitments  of  the  Union,  the  Commission 
may,  in  accordance  with  the  examination  procedure  referred  to  in  Article  43  (3), 
decide  that  a  Member  State  or  Member  States  shall  take  measures,  including  the 
complete  or  partial  suspension  of  the  right  of  access  to  the  groundhandling  market 
within  its  territory  in  respect  of  suppliers  of  groundhandling  services  and  self-
handling  airport  users  from  that  third  country,  with  a  view  to  remedying  the 
discriminatory behaviour of the third country concerned, whenever it appears that a 
third country, with respect to access to the groundhandling or self-handling market: 

EN 

39 

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(a)  does  not,  de  jure  or  de  facto,  grant  suppliers  of  groundhandling  services  and 
self-handling airport users from a Member State treatment comparable to that 
granted by the Member State to suppliers of groundhandling services and self-
handling airport users from that third country at its airports; or  

(b)  de  jure  or  de  facto,  grants  suppliers  of  groundhandling  services  and  self-
handling airport users from a Member State less favourable treatment than that 
it  accords  to  its  own  suppliers  of  groundhandling  services  and  self-handling 
airport users; or  

(c)  grants  suppliers  of  groundhandling  services  and  self-handling  airport  users 
from  other  third  countries  more  favourable  treatment  than  suppliers  of 
groundhandling services and self-handling airport users from a Member State. 

A  supplier  of  groundhandling  services  and  self-handling  airport  user  from  a  third 
country shall be deemed to be a legal or natural person set up in accordance with the 
laws of that third country and having its registered office, central administration or 
principal place of business in the territory of that third country.  

The  Union  and/or  the  Member  States  shall  ensure  that,  regarding  market  access 
rights in third countries, there shall be no discrimination between Union airport users 
providing  third-party  groundhandling  services  and  other  Union  suppliers  of 
groundhandling services. 

Chapter VIII — Reporting and monitoring obligations 

Article 37 
Reporting obligations for the Member States 

Member States shall, before 1 July of each year, forward to the Commission the list 
of airports subject to at least one of the limitations on access to the groundhandling 
market laid down in Article 6 (2) or Article 14.  

Member  States  shall,  before  1  July  of  each  year,  provide  the  Commission  with  the 
list of suppliers of groundhandling services and self-handling airport users approved 
by the Member State in accordance with Chapter IV on Approval Procedures.  

2. 

3. 

1. 

2. 

Article 38 
Publication of lists of airports  

By the end of each year, the Commission shall publish in the Official Journal of the European 
Union the following information: 

(a) 

(b) 

list of Union airports whose annual traffic has been not less than 5 million passenger 
movements or 100 000 tonnes of freight for at least the previous three years; 

list of Union airports whose annual traffic has been not less than 2 million passenger 
movements or 50 000 tonnes of freight for at least the previous three years; 

EN 

40 

   EN 

 
(c) 

(d) 

(e) 

1. 

list of Union airports open to commercial traffic; 

list of airports subject to limitations in accordance with Articles 6 (2) or 14;  

list of suppliers of groundhandling services and self-handling airport users approved 
in accordance with Chapter IV on approval procedures. 

Article 39 
Evaluation and information report  

The Commission  shall submit a report to the European Parliament  and  the  Council 
on  the  implementation  of  this  Regulation  not  later  than  5  years  after  the  date  of 
application  of  this  Regulation.  The  report  shall  in  particular  assess  any  significant 
impact  on  the  quality  of  groundhandling  services,  employment  and  working 
conditions. The report shall include the following set of indicators and criteria for a 
sample of airports:  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

average number of suppliers of groundhandling services at Union airports, for 
the 11 categories of services; 

number  of  self-handling  airport  users  at  each  Union  airport,  for  the  11 
categories of services; 

number of airports where the number of suppliers of groundhandling services 
is limited, and value of the limitation(s); 

number of companies having an approval from a Member State and operating 
in another Member State; 

opinion  of  stakeholders  on 
implementation issues, price etc.); 

the  approval  system 

(approval  criteria, 

number of suppliers of groundhandling services and self-handling airport users 
operating in the Union (total); 

(g) 

price and management system for centralised infrastructures at each airport; 

(h)  market  share  of  the  managing  body  of  the  airport  in  the  groundhandling 

business at each airport, for the 11 categories of services; 

(i)  market share of airport users providing third-party handling at each airport, for 

all categories of services; 

(j) 

safety accidents involving groundhandling services; 

(k) 

opinion of stakeholders on the quality of groundhandling services at airports in 
terms of staff competence, environment, security, and coordination of activities 
(CDM, contingency measures, training in the airport context, subcontracting); 

(l)  minimum quality standards for groundhandling undertakings; 

(m) 

training features; 

EN 

41 

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(n) 

transfer of staff and its impact on the protection of employees; 

(o) 

employment and working conditions in the groundhandling sector. 

2. 

3. 

The  Commission  and  the  Member  States  shall  cooperate  in  the  collection  of 
information for the report referred to in paragraph (1). 

On  the  basis  of  this  report  the  Commission  may  decide  if  a  revision  of  this 
Regulation is necessary. 

Chapter IX – Social protection 

Article 40 
Social protection 

Without prejudice to the application of this Regulation, and subject to the other provisions of 
Union law, Member States may take the necessary measures to ensure protection of rights of 
workers. 

Chapter X — Appeal against decisions or individual measures 

Article 41 
Rights of appeal 

1. 

2. 

Member States or, where appropriate, managing bodies of airports shall ensure that 
any  party  with  a  legitimate  interest  has  the  right  to  appeal  against  the  decisions  or 
individual  measures  taken  pursuant  to  Article  6  (2)  (groundhandling  for  third 
parties), Articles 7 to 10 (selection procedure), Article 13 (island airports), Articles 
23 and 24 (approval decisions), Article 27 (access to centralised infrastructures and 
installations), Article 28 (fees for centralised infrastructures and installations) Article 
31 (rules of conduct) and Article 32 (minimum quality standards). 

An appeal may be brought before a national court or a public authority other than the 
managing  body  of  the  airport  and,  where  appropriate,  independent  of  the  public 
authority  controlling  the  managing  body  of  the  airport.  Where  specified  in  this 
Regulation, the appeal shall be brought before the independent supervisory authority. 

Chapter XI – Provisions on implementing and delegated powers 

Article 42 
Exercise of delegation 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article.  

The delegation of power referred to in Articles 22, 32, and 33 shall be conferred for 
an indeterminate period of time from the date of entry into force of this Regulation. 

42 

   EN 

1. 

2. 

EN 

 
3. 

4. 

5. 

1. 

2. 

3. 

The  delegation  of  powers  referred  to  in  Articles  22,  32,  and  33  may  be  revoked  at 
any time by the European Parliament or by the Council. A revocation decision shall 
put  an  end  to  the  delegation  of  the  power  specified  in  that  decision.  It  shall  take 
effect the day following the publication of the decision in the Official Journal of the 
European Union or at a later date specified therein. It shall not affect the validity of 
any delegated acts already in force.  

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  

A delegated act adopted pursuant to Articles 22, 32, and 33 shall enter into force only 
if no objection has been expressed by either the European Parliament or the Council 
within a period of 2 months of notification of that act to the European Parliament and 
the Council or if, before the expiry of that period, the European Parliament and the 
Council  have  both  informed  the  Commission  that  they  will  not  object.  That  period 
shall be extended by two months at the initiative of the European Parliament or the 
Council. 

Article 43 
Committee procedure 

The Commission shall be assisted by a committee within the meaning of Regulation 
(EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  4  of  Regulation  (EU)  No 
182/2011  shall  apply.  Where  the  opinion  of  the  committee  is  to  be  obtained  by 
written procedure, that procedure shall be terminated without result when, within the 
time-limit  for  delivery  of  the  opinion,  the  chair  of  the  committee  so  decides  or  a 
simple majority of committee members so request. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011  shall  apply.  Where  the  opinion  of  the  committee  is  to  be  obtained  by 
written procedure, that procedure shall be terminated without result when, within the 
time-limit  for  delivery  of  the  opinion,  the  chair  of  the  committee  so  decides  or  a 
simple majority of committee members so request. 

Chapter XII — Final provisions 

Article 44 
Repeal  

Directive 96/67/EC is repealed with effect from the date of application of this Regulation. 

References to the repealed Directive shall be construed as references to this Regulation. 

EN 

43 

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Article 45 
Transitional provisions 

1. 

2. 

3. 

4. 

Suppliers  selected  in  accordance  with  Article  11  of  Directive  96/67/EC  before  the 
date  of  application  of  this  Regulation  shall  continue  to  be  authorised  under  the 
conditions  laid  down  in  Directive  96/67/EC  until  the  initially  planned  selection 
period has expired. 

At airports where only two suppliers were selected per category of services pursuant 
to  Article  6  (2)  of  Directive  96/67/EC  and  where  a  minimum  number  of  three 
suppliers are to be selected  pursuant  to  Article  6 (2)  of this Regulation, a  selection 
procedure in accordance with Articles 7 to 13 of this Regulation shall be organised 
so  that  the  third  supplier  is  selected  and  able  to  start  operations  not  later  then  one 
year after the date of application of this Regulation. 

Approvals issued in accordance with Article 14 of Directive 96/67/EC shall continue 
to be valid until their expiry, and in any event not longer than two years after the date 
of application of this Regulation. 

Where  an  undertaking  is  issued  an  approval  in  accordance  with  this  Regulation,  it 
shall request within two  months the  cancellation of  any of  its approval(s) issued in 
accordance with Article 14 of Directive 96/67/EC. However, if an approval issued in 
accordance with Article 14 of Directive 96/67/EC is due to expire within two months 
following the issuance  of the new approval in accordance with this Regulation, the 
undertaking shall not be obliged to request the cancellation. 

5. 

Article 26 of this Regulation does not apply to approvals issued in accordance with 
Article 14 of Directive 96/67/EC. 

Article 46 
Entry into force and application 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union.  

This Regulation shall apply for XX.XX.20XX [18 months after the date of adoption].  

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX  

1. 

1.1. 

LIST OF GROUNDHANDLING SERVICES CATEGORIES 

Ground administration and supervision comprise the following subcategories: 

representation  and  liaison  services  with  local  authorities  or  any  other  entity, 
disbursements  on  behalf  of  the  airport  user  and  provision  of  office  space  for  its 
representatives; 

1.2. 

load control, messaging and telecommunications; 

1.3. 

handling, storage and administration of unit load devices; 

1.4. 

any  other  supervision  services  before,  during  or  after  the  flight  and  any  other 
administrative service requested by the airport user. 

2. 

3. 

4. 

4.1. 

4.2. 

Passenger  handling  comprises  any  kind  of  information  and  assistance  -including 
those provided in the framework of the relevant EU legislation on passenger rights- 
to  arriving,  departing,  transfer  or  transit  passengers,  including  checking  tickets  and 
travel documents, registering baggage and carrying it to the sorting area. 

Baggage  handling  comprises  handling  baggage  in  the  sorting  area,  sorting  it, 
preparing it for departure, loading it on to and unloading it from the devices designed 
to move it from the aircraft to the sorting area and vice versa, as well as transporting 
baggage from the sorting area to the reclaim area. 

Freight and mail handling comprises the following subcategories: 

for  freight:  physical  handling  of  export,  transfer  and  import  freight,  handling  of 
related  documents,  customs  procedures  and  implementation  of  any  security 
procedure agreed between the parties or required by the circumstances; 

for  mail:  physical  handling  of  incoming  and  outgoing  mail,  handling  of  related 
documents and implementation of any security procedure agreed between the parties 
or required by the circumstances. 

5. 

Ramp handling comprises the following subcategories: 

5.1. 

5.2. 

5.3. 

5.4. 

marshalling the aircraft on the ground at arrival and departure; 

assistance to aircraft packing and provision of suitable devices; 

communication between the aircraft and the air-side supplier of services; 

the  loading  and  unloading  of  the  aircraft,  including  the  provision  and  operation  of 
suitable means, as well as the transport of crew and passengers between the aircraft 
and the terminal, and baggage transport between the aircraft and the terminal; 

5.5. 

the provision and operation of appropriate units for engine starting; 

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5.6. 

the  moving  of  the  aircraft  at  arrival  and  departure,  as  well  as  the  provision  and 
operation of suitable devices; 

5.7. 

the transport, loading on to and unloading from the aircraft of food and beverages. 

6. 

Aircraft services comprise the following subcategories: 

6.1. 

6.2. 

6.3. 

the external and internal cleaning of the aircraft, and the toilet and water services; 

the cooling and heating of the cabin, the removal of snow and ice, the de-icing of the 
aircraft; 

the  rearrangement  of  the  cabin  with  suitable  cabin  equipment,  the  storage  of  this 
equipment. 

7. 

Fuel and oil handling comprises the following subcategories: 

7.1. 

the  organization  and  execution  of  fuelling  and  defuelling  operations,  including  the 
storage  of  fuel,  also  if  adjacent  to  the  airport,  and  the  control  of  the  quality  and 
quantity of fuel deliveries; 

7.2. 

the replenishing of oil and other fluids. 

8. 

Aircraft maintenance comprises the following subcategories: 

8.1. 

routine services performed before flight; 

8.2. 

non-routine services requested by the airport user; 

8.3. 

8.4. 

9. 

the provision and administration of spare parts and suitable equipment; 

the request for or reservation of a suitable parking and/or hangar space. 

Flight operations and crew administration comprise the following subcategories: 

9.1. 

preparation of the flight at the departure airport or at any other point; 

9.2. 

in-flight assistance, including re-dispatching if needed; 

9.3. 

post-flight activities; 

9.4. 

crew administration. 

10. 

Surface transport comprises the following subcategories: 

10.1. 

the  organization  and  execution  of  crew,  passenger,  baggage,  freight  and  mail 
transport  between  different  terminals  of  the  same  airport,  but  excluding  the  same 
transport between the aircraft and any other point within the perimeter of the same 
airport; 

10.2. 

any special transport requested by the airport user. 

11. 

Catering services comprise the following subcategories: 

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11.1. 

liaison with suppliers and administrative management; 

11.2. 

storage of food and beverages and of the equipment needed for their preparation; 

11.3. 

cleaning of this equipment; 

11.4. 

preparation and delivery of equipment as well as of bar and food supplies. 

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