CELEX: 52011PC0824
Language: en
Date: 2011-12-01
Title: 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

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		52011PC0824
		
			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 /* COM/2011/0824 final - 2011/0397 (COD) */
			
				
		
		
			
			   	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)                   
ground administration and supervision;
(2)                   
passenger handling;
(3)                   
baggage handling;
(4)                   
freight and mail handling;
(5)                   
ramp handling;
(6)                   
aircraft services;
(7)                   
fuel and oil handling;
(8)                   
aircraft maintenance;
(9)                   
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. 
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.

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)                   
Ensure airlines have an increased choice of
groundhandling solutions at EU airports;
(2)                   
Harmonise and clarify national administrative
conditions for market entry (approvals);
(3)                   
Ensure a level playing field at airport level
between groundhandling companies operating under different regulatory regimes;
(4)                   
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 Programme[3], 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.
On 24 January 2007, the Commission adopted
a report on the application of the Directive[4] 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 statement[5] 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 groundhandling providers. In
particular, they advocated stronger requirements for 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 European
Parliament in its resolution of 11 October 2007[6] the Commission
carried out a comprehensive study in 2008-2009[7] 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 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 infrastructures[10]
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.
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. 
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 Union[11], 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 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.
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 Committee[12], 
Having regard to the opinion of the
Committee of the Regions[13],
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)              
Council Directive 96/67/EC of 15 October 1996 on
access to the groundhandling market at Community airports[14]
provides for a gradual opening of the groundhandling market.
(2)              
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.
(3)              
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).
(4)              
The White Paper Roadmap to a Single European
Transport Area[15] identifies the
improvement of market access and the provision of quality services at airports as
vital for the quality of life of citizens and as an essential action to achieve
the Single European Transport Area.
(5)              
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.
(6)              
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.
(7)              
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.
(8)              
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.
(9)              
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.
(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.
(15)          
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.
(16)          
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 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
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
powers[16].
(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.
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)                   
'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;
(b)                   
'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;
(c)                   
'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;
(d)                   
'groundhandling' means the services provided to
airport users at airports as set out in the Annex;
(e)                   
'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;
(g)                   
'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;
(h)                   
'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;
(i)                     
'approval': means an approval granted by the
competent authority to an undertaking to provide groundhandling services as
stated in the approval;
(j)                     
'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
1.                      
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.
2.                      
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
1.                      
Each of the airports concerned shall establish a
committee of representatives of airport users or of organisations representing
airport users ('Airport Users' Committee').
2.                      
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.
3.                      
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 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)         
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;
(b)         
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.                      
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.
2.                      
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;
(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.
4.                      
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.
5.                      
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.
6.                      
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 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.
7.                      
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
1.                      
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.
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.
3.                      
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.
4.                      
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 (i.e. exclusive 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.
5.                      
The invitation to tender shall be launched and
published in the Official Journal of the European Union.
6.                      
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
(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)         
the applicant has a valid approval issued in accordance
with chapter IV on Approval Procedures;
(b)         
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.
3.                      
The tendering authority shall short-list the
applicants meeting the criteria of the qualification procedure.
Article 9
Award procedure
1.                      
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.
2.                      
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.                      
The award criteria shall include the following:
(a)         
consistency and plausibility of the business
plan as assessed on the basis of model costs calculations;
(b)         
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;
(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.
4.                      
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.
5.                      
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.
6.                      
Airport users that apply to provide third-party
handling or which operate their own self-handling shall not be consulted in the
award procedure.
7.                      
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
1.                      
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.
2.                      
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.
3.                      
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).
4.                      
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 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.
5.                      
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.
6.                      
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.
7.                      
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
1.                      
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.
2.                      
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 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
1.                      
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.
2.                      
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/EC[17].
3.                      
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).
4.                      
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).
5.                      
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.
6.                      
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.
7.                      
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.
8.                      
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.
9.                      
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.
10.                  
Member States may entrust management and labour
at the appropriate level with defining through negotiated agreement the
practical arrangements implementing this Article.
11.                  
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;
(b)         
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;
(c)         
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; 
(d)         
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:
(a)         
give rise to distortions of competition between
suppliers of groundhandling services and/or self-handling airport users;
(b)         
extend further than necessary.
4.                      
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.
5.                      
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.
6.                      
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.
7.                      
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.
8.                      
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.
9.                      
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).
10.                  
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.
11.                  
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.                      
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.
2.                      
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.
3.                      
The approving authority shall not grant approvals
or maintain them in force where any of the requirements of this Chapter are not
complied with.
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.
2.                      
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.
3.                      
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
1.                      
An undertaking applying for an approval shall not
be in insolvency or in similar proceedings or bankruptcy. 
2.                      
The approving authority shall closely assess whether
an undertaking applying for an approval can demonstrate that:
(a)         
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
(b)         
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.
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.
4.                      
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
1.                      
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.
2.                      
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. 
3.                      
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. 
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)                   
organization chart, management personnel,
description of responsibilities and duties, accountability;
(b)                   
capacity to operate safely in an airport
context;
(c)                   
equipment policy;
(d)                   
qualification requirements for personnel as well
as corresponding training requirements and training plan;
(e)                   
safety and quality management procedures;
(f)                     
standard handling procedures, including coordination
with airport users and airport managing bodies, coordination of activities and
specific handling procedures related to specific customers;
(g)                   
emergency response policy;
(h)                   
security management procedures.
Article 22
Insurance requirements 
1.                      
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.
2.                      
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
1.                      
An approval shall be valid for a period of five
years.
2.                      
An approval shall be valid for the categories
and/or subcategories specified in the approval.
3.                      
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. 
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.                      
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. 
2.                      
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
1.                      
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.
2.                      
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. 
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
Article 27
Access to centralised infrastructures and installations
1.                      
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.
2.                      
The managing body of the airport shall publish a
list of the centralised infrastructures at the airport.
3.                      
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 of groundhandling services and
self-handling airport users to use those infrastructures. The management of
such infrastructures shall be carried out in a transparent, objective and
non-discriminatory manner.
4.                      
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.
5.                      
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.
6.                      
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.
7.                      
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.
8.                      
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
1.                      
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.
2.                      
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.
3.                      
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.
4.                      
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;
(d)         
the revenue from the different fees, the total
cost of the services covered by them and the return on assets;
(e)         
any financing from public authorities for the
facilities and services to which the fee relates;
(f)           
the predicted outcome of any major proposed
investments in terms of their effects on airport capacity.
5.                      
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.
6.                      
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.
7.                      
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
1.                      
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.
2.                      
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 in the company structures of the
independent entity providing groundhandling services.
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 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.
4.                      
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.
5.                      
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.                      
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 in particular ensure
that the operations of suppliers of groundhandling services and self-handling
airport users comply with the airport rules of conduct as defined in Article 31.

2.                      
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)         
the operations of suppliers of groundhandling
services and self-handling airport users shall comply with minimum quality
standards, as specified in Article 32;
(b)         
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.
3.                      
The provisions of this Article are without prejudice to the EU competition rules. 
4.                      
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 Eurocontrol. The Performance Review Body shall
provide a consolidated report to the Commission.
5.                      
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
1.                      
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.
2.                      
The managing body of the airport, a public
authority or any other body which controls the airport may lay down rules of
conduct. 
3.                      
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.                      
For the purposes of this Article, 'minimum
quality standards' means minimum quality level requirements for groundhandling
services.
2.                      
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.
3.                      
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.
4.                      
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 Council[18]
and EC (No) 1107/2006 of the European Parliament and of the Council[19],
CDM, safety, security, contingency measures, and the environment.
5.                      
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.
6.                      
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.
7.                      
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
1.                      
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.
2.                      
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
1.                      
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.
2.                      
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. 
3.                      
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)         
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;
(d)         
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;
(o)         
reporting systems;
(p)         
outsourcing quality control. 
4.                      
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
1.                      
Without prejudice to paragraphs (2), (3) and (4),
suppliers of groundhandling services may engage in subcontracting.
2.                      
Self-handling airport users may subcontract groundhandling
services only where they are temporarily unable to perform self-handling due to
force majeure.
3.                      
Subcontractors may not subcontract
groundhandling services.
4.                      
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.
5.                      
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. 
6.                      
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. 
7.                      
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
1.                      
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:
(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.
2.                      
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. 
3.                      
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
1.                      
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. 
2.                      
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. 
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)                   
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;
(b)                   
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;
(c)                   
list of Union airports open to commercial
traffic;
(d)                   
list of airports subject to limitations in
accordance with Articles 6 (2) or 14; 
(e)                   
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 
1.                      
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)           
average number of suppliers of groundhandling
services at Union airports, for the 11 categories of services;
(b)          
number of self-handling airport users at each Union
airport, for the 11 categories of services;
(c)           
number of airports where the number of suppliers
of groundhandling services is limited, and value of the limitation(s);
(d)          
number of companies having an approval from a
Member State and operating in another Member State;
(e)           
opinion of stakeholders on the approval system
(approval criteria, implementation issues, price etc.);
(f)            
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;
(n)           
transfer of staff and its impact on the
protection of employees;
(o)          
employment and working conditions in the
groundhandling sector.
2.                      
The Commission and the Member States shall
cooperate in the collection of information for the report referred to in paragraph
(1).
3.                      
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.                      
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).
2.                      
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
1.                      
The power to adopt delegated acts is conferred
on the Commission subject to the conditions laid down in this Article. 
2.                      
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.
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. 
4.                      
As soon as it adopts a delegated act, the
Commission shall notify it simultaneously to the European Parliament and to the
Council. 
5.                      
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
1.                      
The Commission shall be assisted by a committee within
the meaning of Regulation (EU) No 182/2011.
2.                      
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.
3.                      
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.
Article 45
Transitional provisions
1.                      
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.
2.                      
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.
3.                      
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.
4.                      
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                       For
the Council
The President                                                 The
President
ANNEX 
LIST
OF GROUNDHANDLING SERVICES CATEGORIES
1.                      
Ground administration and supervision comprise
the following subcategories:
1.1.                
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.                      
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.
3.                      
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.
4.                      
Freight and mail handling comprises the following
subcategories:
4.1.                
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;
4.2.                
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.                
marshalling the aircraft on the ground at
arrival and departure;
5.2.                
assistance to aircraft packing and provision of
suitable devices;
5.3.                
communication between the aircraft and the
air-side supplier of services;
5.4.                
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;
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.                
the external and internal cleaning of the
aircraft, and the toilet and water services;
6.2.                
the cooling and heating of the cabin, the
removal of snow and ice, the de-icing of the aircraft;
6.3.                
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.                
the provision and administration of spare parts
and suitable equipment;
8.4.                
the request for or reservation of a suitable
parking and/or hangar space.
9.                      
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:
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.
[1]               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.
[2]               Stakeholders' consultations and 'Air market
observatory - Annual reports', available at
http://ec.europa.eu/transport/air/observatory_market/annual_reports_en.htm .
[3]               COM(2010)623.
[4]               COM(2006)821 final.
[5]               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%20070411.pdf.
[6]               European Parliament resolution of 11 October 2007 on
airport capacity and ground handling: towards a more efficient policy. (2007/2092(INI))
available at: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-0433
[7]               'Study on the impact of Directive 96/67/EC on
groundhandling services 1996-2007', Airport Research Center, February 2009. Available
at: http://ec.europa.eu/transport/air/studies/doc/airports/2009_02_ground_handling.pdf.
[8]               'Possible revision of Directive 96/67/EC on access to
the groundhandling market at Community airports', Steer Davies Gleave, June
2010. Available at: http://ec.europa.eu/transport/air/studies/airports_en.htm.
[9]               The Airport Users' Committee is a committee of
representatives of airport users (i.e. airlines) set at each 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'. 
[11]             Case C-460/02, Commission vs. Italy, judgement of 9
December 2004. Case C-386/03, Commission vs. Germany, 14 July 2005. 
[12]             OJ C , , p. .
[13]             OJ C , , p. .
[14]             OJ L 272, 25.10.1996, p. 36.
[15]             COM(2011) 144final. 
[16]             OJ L 55, 28.2.2011, p. 13.
[17]             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.
[18]             OJ L 46, 17.2.2004, p.1.
[19]             OJ L 204, 26.7.2006, p. 1.