18.6.98 Official Journal of the European Communities L 173/45 COMMISSION DECISION of 14 January 1998 on the application of Article 9 of Council Directive 96/67/EC to Diisseldorf Airport (Flughafen Diisseldorf GmbH) (notified under document number C(1998) 71) (Only the German text is authentic) (Text with EEA relevance) (98/388/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 96/67/EC of 15 October 1996 on access to the ground handling market at Community airports ('), and in particular Article 9(5) thereof, After consulting the Advisory Committee established thereunder, Whereas: I. SCOPE OF THE EXEMPTION NOTIFIED BY GERMANY A. The notification presented by the German authorities By letter received by the Commission on 17 October 1997, a summary of which was published in the Official Journal of the European Communities (*), the Government of the Federal Republic of Germany informed the Commission, in accordance with Article 9 of Directive 96/67/EC (‘the Directive’), of its intention to grant Disseldorf airport (Flughafen Disseldorf GmbH) an exemp- tion: — to ban self-handling for the categories of services referred to in points 5.1, 5.2, 5.4 (except for transport of crew), 5.5 and 5.6 in the Annex to the Directive and self-handling as regards the physical handling of freight and mail, whether incoming, outgoing or being transferred, between the air terminal and the aircraft. This exemption, based on Article 9(1)d) of the Directive, is granted for three years, starting on 1 January 1998 and ending on 31 December 2000, — to limit to two the users self-handling for the categories of services referred to in points 6.1, 6.2 and 6.3 in the Annex to the Directive. This exemption, based on Article 9(1)(c) of the 272, 25. 10. 1996, p. 36. 335, 6. 11. 1997, p. 6. or ) Directive, is granted for three years, starting on 1 January 1998 and ending on 31 December 2000, — to reserve to Disseldorf airport (Flughafen Diisseldorf GmbH) the monopoly for the provi- sion to third parties of the categories of services referred to in points 5.1, 5.2, 54 (except for transport of crew), 5.5 and 5.6 in the Annex to the Directive and for freight and mail handling as regards the physical handling of freight and mail, whether incoming, outgoing or in transit, between the air terminal and the aircraft. This exemption, based on Article 9(1)(b) of the Directive, is granted for two years, starting on 1 January 1999 and ending on 31 December 2000, — to limit to two suppliers the provision of handling services for third parties, for the cat- egories set out in points 6.1, 6.2 and 6.3 of the Annex to the Directive. The exemption, on the basis of Article 9(1)(a) of the Directive, is granted for three years, starting on 1 January 1998 and ending on 31 December 2000. B. Basis of the exemption The general rules for access to the ground handling services market are set out in Articles 6 and 7 of the Directive. These provisions clearly state the principle that most categories of ground handling services should be opened up to the maximum possible extent. However, because of the specific situation and role of an airport, particularly constraints of safety and security, but also space and capacity, which can arise in certain parts of most airports, the Directive does not impose total freedom but requires a minimum degree of opening-up of both self-handling and services to third parties for four categories of services located ‘air-side’, that is to say, in a particularly sensitive area of the airport. These categories concern ramp handling, baggage handling, fuel handling and certain freight and mail handling operations.