CELEX: 51996PC0435
Language: en
Date: 1996-08-16
Title: Re-examined proposal for a COUNCIL DIRECTIVE on the groundhandling market at Community airports

COMMISSION OF THE EUROPEAN COMMUNITIES
                                    Brussels, 16.08.1996
                                    COM(96) 435 final
                                    94/0325 (SYN)
                Re-examined proposal for a
                 COUNCIL DIRECTIVE
 on the groundhandling market at Community airports
(presented by the Commission pursuant to Article 189 c (d)
                    of the EC Treaty)
 ---pagebreak---  ---pagebreak---                                 Explanatory memorandum
 At its plenary session of 16 July 1996 the European Parliament approved at second
reading the common position formally adopted by the Council on 28 March 1996 relating
to access to the groundhandling market at Community airports.
The European Parliament adopted a number of amendments to the proposed text, relating
mainly to the guaranteeing of employees' rights, the latter's participation in the procedure
for selecting suppliers of services, and protection of the rights of suppliers already
providing groundhandling services and of carriers with significant traffic at an airport.
The Commission has accepted the amendment to Article 9(1 )(a), which makes the text
clearer by providing for the possibility of requesting and granting exemptions for one or
more categories of runway service for which the number of suppliers may be restricted
in all or part of the airport.
The Commission has also accepted in part the amendments relating to:
•       Article 5(1), already accepted at first reading, which requires Member States to
        take the necessary measures to set up the users' committee.
•       Article 14(1), imposing the approval procedure.
Lastly, the Commission has agreed to take on board, in a different formulation, the
principles set out by Parliament regarding:
•       Article 14(1), second paragraph, on the reference criteria for granting approval;
•       Article 22, second paragraph, concerning the contents of the Commission report
        and proposals for revising certain aspects of the Directive.
The Commission is unable to accept the amendments concerning:
•       Article 2(f), because the definition of 'self-handling' reflects a balanced approach
        arrived at in agreement with the Member States to prevent self-handling being
        misused to provide services to third parties in disguised form and thus sidestep the
        selection procedure and the obligation of keeping separate accounts. At the same
        time carriers are left sufficient freedom of action within a given group.
•       Article 9(6a) (new), because it runs counter to the purpose of the Directive, which
        is the eventual removal of all monopolies.
 ---pagebreak--- Article 11 (la) (new), which would delay the actual implementation of the
Directive since the maintenance of existing contracts concerns runway activities
where the number of suppliers may be restricted.
Article 11 (3a) (new), (i) because unlike airports, which enjoy owners' fights and
ensure neutrality of service 'vis-à-vis all users, carriers must be considered
independent suppliers of services where these are performed for third parties, (ii)
because to give advantages" to the established carrier would constitute
discrimination vis-à-vis independent suppliers and other carriers and (iii) because
the Commission cannot reinforce the rights of an undertaking which already
enjoys a dominant market position.
Article 18, because references to the protection of employees' rights were already
included in the common position following Parliament's amendments at first
reading and because references to training and certification might shut off access
to the market and thus impede the liberalization of the sector.
Article 22, second paragraph, regarding the date of the Commission's report,
because the proposed date would not allow enough time for a proper study of the
consequences of the liberalization of services to third parties as of 1 January 1999.
 ---pagebreak---                                  Re-examined proposal for a
                                     Council Directive
                on the groundhandling market at Community airports
                                         Article 5
                                Airport Users' Committee
 Twelve months at the latest following the 1.       Twelve months at the latest following
 entry into force of this Directive, Member         the entry into force of this Directive,
 States shall introduce the measures                Member States shall ensure that, for
 necessary to set up, for each of the               each of the airports concerned, a
 airports concerned, a committee of                 committee of representatives of
 representatives of airport users or                airport users or organizations
 organizations representing airport users,          representing airport users is set up.
 on the understanding that all airport users
 shall have the right to be on this 2.              All users shall have the right to be on
 committee or, if they so wish, to be               the committee or, if they so wish, to
 represented on it by an organization               be represented on it by an
 appointed to that effect.                          organization appointed to that effect.
                                        Article 9
                                       Exemptions
 1.   Where at an airport specific 1                Where at an airport specific
     constraints of available space or             constraints of available space or
     capacity, arising in particular from          capacity, arising in particular from
     congestion and area utilization rate,         congestion and area utilization rate,
     make it impossible to open up the             make it impossible to open up the
     market and/or implement self-                 market and/or implement self-
     handling to the degree provided for           handling to the degree provided for
     in this Directive, the Member State in        in this Directive, the Member State in
     question may decide:                          question may decide:
(a) to limit the number of suppliers of all (a) to limit the number of suppliers of
     categories of groundhandling services         one or more categories of
     other than those referred to in               groundhandling services other than
     Article 6(2); in this case the                those referred to in Article 6(2) in all
     provisions of Article 6(2) and (3)            or part of the airport; in this case
     shall apply.                                  the provisions of Article 6(2) and (3)
                                                   shall apply;
                                              (b) unchanged;
                                              (c) unchanged;
                                              (d) unchanged.
 ---pagebreak---                                           Article 14
                                          Approval
     Member States may make the 1                    Member States shall make the
     groundhandling activity of a supplier           groundhandling activity of a supplier
     of groundhandling services or a self-           of groundhandling services or a self-
     handling user at an airport conditional         handling user at an airport conditional
     upon obtaining the approval of a                upon obtaining the approval of a
     public authority independent of the             public authority independent of the
     managing body of the airport                    managing body of the airport
     The criteria for such approval must             The criteria for such approval must
     relate to the security and safety of            relate to a sound financial situation
     installations, of aircraft, of equipment        and sufficient insurance cover, the
     and of persons, as well as to                   security and safety of installations, of
     environmental protection and the                aircraft, of equipment and of persons,
     relevant social legislation.                    as well as to environmental protection
                                                     and compliance with the relevant
                                                     social legislation.
                                         Article 22
                             Information report and revision
Member States shall communicate to the Member States shall communicate to the
Commission the information required by Commission the information required by
it to draw up a report on the application it to draw up a report on the application
of this Directive.                              of this Directive.
The report, accompanied by proposals for        The report, accompanied by any
revision of the Directive, shall be drawn       proposals for revision of the Directive,
up in the two years following the dates         shall be drawn up by 31 December
referred to in Article 1.                       2001 at the latest and may include a
                                                detailed description of the general and
                                                operational safety rules in force at
                                                airports and of the Member States1
                                                regulations concerning the social
                                                provisions relating to employees of
                                                undertakings             engaging         in
                                                groundhandling activities at the
                                                airports covered by this Directive.
 ---pagebreak---    Common position of the Council                   Amendments by Parliament
                                  (Amendment 10)
                                   Article 2(f)
(f) "self-handling" means a situation       (f ) "self-handling" irsans a situation
    in which an airport user directly            in which an airport user directly
    provides for himself one or more            provides for himself one or more
    categories    of    groundhandling          categories     of   groundhandling
    services    and    concludes     no         services     and   concludes     no
    contract of any description with            contract of any description with
    a third party for the provision             a third party for the, .provision
    of   such   services;    for    the         of such services;
    purposes of     this definition,
    among themselves airport users
    shall not be deemed to be third
    parties where:
        one holds a majority holding
        in the other; or
        a single bodv has a majority
        holding in each;
        OJ C 323, 4. 1.7.1995, p. 94.
        OJ C 142, 8.6.1995, p. 7.
        OJ C 124, 27.4.1996, p. 19.                                         Pr 1 Rs19 j
                                        6
 ---pagebreak---                                  (Amendment 39)
                                   Article 5
Twelve months at the latest following      1 . Twelve months at the latest
the entry into fcrce of this               following the entry into force of
Directive,   Member    States   shall      this Directive, Member States shall
introduce the measures necessary to       ensure that, for each of the airports
set UP. for each of the airports          concerned,       a     committee     of
concerned,     a     committee     of     representatives of airport users or
representatives of airport users or       organizations representing airport
organizations representing airport        users is set U P .
users, on the understanding that all
airport users shall have the right to     2. All users shall have the right to
be on this committee or, if they so       be on the committee or, if they so
wish, to be represented on it by an       wish, to be represented on it by an
organization   appointed    to   that     organization     appointed    to   that
effect.                                   effect.     Airport      workers - and
                                          representative      organizations
                                          passengers using the a»irpôrt, where
                                          such organizations exist, shall also
                                          have the right to pari icipate in this
                                          committee .     The     decision-raking
                                          procedure of the committee may take
                                          account of the volume of activity cf
                                          the various users of the airocrt in
                                          question, while still ensuring that
                                          all interests are represented.
                                          The chairperson of the corr-.itte^
                                          shall be appointed by Çhe Member
                                          State and shall be independent cf
                                          both the management body cf the
                                          airport and the users.
                                          3. The Users' Committee shall assis-
                                          the managing body of the airocrt i:
                                          the selection of suppliers fc:
                                          groundhandlino- services, and shal!
                                          have regular consultations with tha-
                                          body in order to help ensure tha-
                                          airport services and facilities ar-
                                          used efficiently.
 ---pagebreak---    (Amendment 12)
Article 9(6a) (new)
          6a. These   time   li :iits and t:--
          provisions of paragraph 2 lb) shal'
          not apply if the managing body of the
          airport can show that the extension
          and alteration of the airport that
          would otherwise be necessary is net
          possible for relevant, objective and
          transparent reasons.
       2
 ---pagebreak---     (Amendment 13)
Article 11(1a) (new)
             lâx Implementation of the PArective
             Shall not affÇÇt the. existing
             selection decisions until expiry of
             the    contracts.    provided     that
             sufficient competition conforming to
             the Directive exists xn the airport
             and that the expirv date of the
             contracts is reasonably close. Tr;«
             provision shall apply in particular
             t;o contracts concluded prior to ' 3
             December 1994. Member States shall
             notify   the Commission     of su=h
             çpntraçts.   After;   their   exoirv.
             selection shall     take place       m
             conformity with this article.
    (Amendment 3)
Article 11(3a) (new)
             3a . Where     the     n umbe r     c f
             groundhandling service suppliers is
             limited in accordance with         the
             provisions of Article 6(2^ ar.o
             Article 9(1)(b), an airline which
             accounts for more than 25% of traffic
             at the airport or, in the case of
             island airports, more than 25% of the
             scheduled traffic at the airocrt.
             shall be entitled either to enter the
             market at the airport in question, ::
             to continue to provide groundh&nclmc
             services for third parties at this
             airport, without being subject :c the
             selection procedure provided fer m
             paragraph 1 of this article.
 ---pagebreak---                                      (Amendment 33)
                      Artirle 14(1), 1st and 2nd subparagraphs
  1 . Member    states    may. make    the      1   Member States shall make
  groundhandling activity of a supplier         groundhandling activity of a suppl:
  of groundhandling services or a self-         of groundhandling services or a se;
  handling    user    at     an   airport       handling    user    at     an   airp:
  conditional    upon     obtaining    the      conditional    upon     obtaining
  approval   of   a    public   authority       approval   of   a    public   author;
  independent of the managing body of           independent of the managing body
  the airport.                                  the airport.
The criteria for such approval must          The criteria for such approval must
relate to the security ard safety of         relate to appropriate organization,
installations,    of    aircraft,    of      sound    economic      end     financial
equipment and of persons, as well as         situation, sufficient insurance cover
to environmental protection and the          and personnel oualif .'nations of the
relevant social legislation.                 supplier of groundhandling services
                                             and to the security and safety of
                                             installations,     of    aircraft,    of
                                             equipment and of persons,, as. well as
                                             to environmental protection and the
                                             respect     of     relevant      social
                                             legislation.
                                           4
 ---pagebreak---                                  (Amendment 35)
                                   Article 18
Social and environmental protection       Social protection
Without prejudice to the application      The provisions of this Directive
of this Directive, and subject to the     shall in no way affect the rights and
other provisions of Community law.        obligations of Member** States to
Member States may take the necessary      ensure protection of workers' rights
measures to ensure protection cf the      including    the   field's of safety
rights of workers and respect for the     standards,     technical         competence,
environment.                              training   and     certification               and
                                          membership of and r e p r e s e n t a t i o n bv a
                                          trade union.
 ---pagebreak---                                 (Amendment 36)
                          Article 22, 2nd paragraph
The report. accompanied by proposals     The report shall be drawn up not
for revision of the Directive, shall      later than 31 December 1999 and shall
be drawn up     in   the two years       include a detailed description of the
following the dates referred to in       general and operational safety rules
Article 1 .                                in fprce at airports and the Member
                                         States' laws and regulations for the
                                         approval of groundhandling activities
                                         and     for   training   and    social
                                         provisions relating to employees of
                                         such undertakings. The report shall
                                         be accompanied     by proposals for
                                          revision of the Directive, including
                                          the need for Community rules in these
                                          areas, subject to the principle of
                                          subsidiarity.
                                                                         prjfi**1.90
                                      *
 ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(96) 435 final
                                              DOCUMENTS
 EN                                                              07 QB m       10
                                    Catalogue number : CB-CO-96-437-EN-C
                                                              ISBN 92-78-08581-2
Office for Official Publications of the European Communities
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