Re-examined proposal for a COUNCIL DIRECTIVE on the groundhandling market at Community airports
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 16. 08. 1996 COM(96) 435 final 94/0325 (SYN) Re-examined proposal for a COUNCIL DIRECTIVE on the groundhandling market at Community airports (presented by the Commission pursuant to Article 189 c (d) of the EC Treaty) Explanatory memorandum At its plenary session of 16 July 1996 the European Parliament approved at second reading the common position formally adopted by the Council on 28 March 1996 relating to access to the groundhandling market at Community airports. The European Parliament adopted a number of amendments to the proposed text, relating mainly to the guaranteeing of employees' rights, the latter's participation in the procedure for selecting suppliers of services, and protection of the rights of suppliers already providing groundhandling services and of carriers with significant traffic at an airport. The Commission has accepted the amendment to Article 9(1 )(a), which makes the text clearer by providing for the possibility of requesting and granting exemptions for one or more categories of runway service for which the number of suppliers may be restricted in all or part of the airport. The Commission has also accepted in part the amendments relating to: • • Article 5(1), already accepted at first reading, which requires Member States to take the necessary measures to set up the users' committee. Article 14(1), imposing the approval procedure. Lastly, the Commission has agreed to take on board, in a different formulation, the principles set out by Parliament regarding: • • Article 14(1), second paragraph, on the reference criteria for granting approval; Article 22, second paragraph, concerning the contents of the Commission report and proposals for revising certain aspects of the Directive. The Commission is unable to accept the amendments concerning: • • Article 2(f), because the definition of 'self-handling' reflects a balanced approach arrived at in agreement with the Member States to prevent self-handling being misused to provide services to third parties in disguised form and thus sidestep the selection procedure and the obligation of keeping separate accounts. At the same time carriers are left sufficient freedom of action within a given group. Article 9(6a) (new), because it runs counter to the purpose of the Directive, which is the eventual removal of all monopolies. Article 11 (la) (new), which would delay the actual implementation of the Directive since the maintenance of existing contracts concerns runway activities where the number of suppliers may be restricted. Article 11 (3a) (new), (i) because unlike airports, which enjoy owners' fights and ensure neutrality of service 'vis-à-vis all users, carriers must be considered independent suppliers of services where these are performed for third parties, (ii) because the established carrier would constitute discrimination vis-à-vis independent suppliers and other carriers and (iii) because the Commission cannot reinforce the rights of an undertaking which already enjoys a dominant market position. to give advantages" to Article 18, because references to the protection of employees' rights were already included in the common position following Parliament's amendments at first reading and because references to training and certification might shut off access to the market and thus impede the liberalization of the sector. Article 22, second paragraph, regarding the date of the Commission's report, because the proposed date would not allow enough time for a proper study of the consequences of the liberalization of services to third parties as of 1 January 1999. Re-examined proposal for a Council Directive on the groundhandling market at Community airports Article 5 Airport Users' Committee Twelve months at the latest following the entry into force of this Directive, Member the measures introduce States shall necessary to set up, for each of the airports concerned, a committee of representatives of airport users or organizations representing airport users, on the understanding that all airport users shall have the right to be on this committee or, if they so wish, to be represented on it by an organization appointed to that effect. 1. Twelve months at the latest following the entry into force of this Directive, Member States shall ensure that, for each of the airports concerned, a representatives of committee of airport organizations or users representing airport users is set up. 2. All users shall have the right to be on the committee or, if they so wish, to it by an be organization appointed to that effect. represented on Article 9 Exemptions 1. Where at an airport specific 1 constraints of available space or capacity, arising in particular from congestion and area utilization rate, make it impossible to open up the market self- handling to the degree provided for in this Directive, the Member State in question may decide: implement and/or at an airport specific Where constraints of available space or capacity, arising in particular from congestion and area utilization rate, make it impossible to open up the market self- handling to the degree provided for in this Directive, the Member State in question may decide: implement and/or (a) to limit the number of suppliers of all categories of groundhandling services to in other than Article 6(2); the provisions of Article 6(2) and (3) shall apply. referred this those in case or more (a) to limit the number of suppliers of categories of one groundhandling services other than those referred to in Article 6(2) in all or part of the airport; in this case the provisions of Article 6(2) and (3) shall apply; (b) unchanged; (c) unchanged; (d) unchanged. Article 14 Approval the 1 Member States may make groundhandling activity of a supplier of groundhandling services or a self- handling user at an airport conditional upon obtaining the approval of a public authority independent of the managing body of the airport shall make Member States the groundhandling activity of a supplier of groundhandling services or a self- handling user at an airport conditional upon obtaining the approval of a public authority independent of the managing body of the airport The criteria for such approval must relate to the security and safety of installations, of aircraft, of equipment and of persons, as well as to environmental protection and the relevant social legislation. The criteria for such approval must relate to a sound financial situation and sufficient insurance cover, the security and safety of installations, of aircraft, of equipment and of persons, as well as to environmental protection and compliance with the relevant social legislation. Article 22 Information report and revision Member States shall communicate to the Commission the information required by it to draw up a report on the application of this Directive. Member States shall communicate to the Commission the information required by it to draw up a report on the application of this Directive. The report, accompanied by proposals for revision of the Directive, shall be drawn up in the two years following the dates referred to in Article 1. The report, accompanied by any proposals for revision of the Directive, shall be drawn up by 31 December 2001 at the latest and may include a detailed description of the general and operational safety rules in force at airports and of the Member States1 regulations social concerning provisions relating to employees of in u n d e r t a k i n gs groundhandling the airports covered by this Directive. e n g a g i ng at activities the Common position of the Council Amendments by Parliament (Amendment 10) Article 2(f) of and (f) "self-handling" means a situation in which an airport user directly provides for himself one or more groundhandling categories services no concludes contract of any description with a third party for the provision the such services; for of purposes of this definition, among themselves airport users shall not be deemed to be third parties where: one holds a majority holding in the other; or a single bodv has a majority holding in each; OJ C 323, 4. 1. 7. 1995, p. 94. OJ C 142, 8. 6. 1995, p. 7. OJ C 124, 27. 4. 1996, p. 19. (f ) "self-handling" irsans a situation in which an airport user directly provides for himself one or more groundhandling categories services no concludes contract of any description with a third party for the,. provision of such services; of and P r 1 R s 1 9 j 6 (Amendment 39) Article 5 a Twelve months at the latest following the entry into fcrce of this Directive, Member States shall introduce the measures necessary to set UP. for each of the airports concerned, of representatives of airport users or organizations representing airport users, on the understanding that all airport users shall have the right to be on this committee or, if they so wish, to be represented on it by an organization appointed to that effect. committee 1. Twelve months at the latest following the entry into force of this Directive, Member States shall ensure that, for each of the airports concerned, of representatives of airport users or organizations representing airport users is set U P. committee a Airport organizations 2. All users shall have the right to be on the committee or, if they so wish, to be represented on it by an organization appointed to that effect. workers - and representative passengers using the a»irpôrt, where such organizations exist, shall also have the right to pari icipate in this committee. decision-raking procedure of the committee may take account of the volume of activity cf the various users of the airocrt in question, while still ensuring that all interests are represented. The The chairperson of the corr-. itte^ shall be appointed by Çhe Member State and shall be independent cf both the management body cf the airport and the users. 3. The Users' Committee shall assis- the managing body of the airocrt i: the selection of suppliers fc: groundhandlino- services, and shal! have regular consultations with tha- body in order to help ensure tha- airport services and facilities ar- used efficiently. (Amendment 12) Article 9(6a) (new) 6a. These time li :iits and t:-- provisions of paragraph 2 lb) shal' not apply if the managing body of the airport can show that the extension and alteration of the airport that would otherwise be necessary is net possible for relevant, objective and transparent reasons. 2 (Amendment 13) Article 11(1a) (new) provided contracts. lâx Implementation of the PArective the. existing Shall not affÇÇt selection decisions until expiry of the that sufficient competition conforming to the Directive exists xn the airport and that the expirv date of the contracts is reasonably close. Tr;« provision shall apply in particular t;o contracts concluded prior to ' 3 December 1994. Member States shall notify the Commission of su=h çpntraçts. After; their exoirv. selection shall take place m conformity with this article. (Amendment 3) Article 11(3a) (new) the n umbe r 3a. Where c f groundhandling service suppliers is limited in accordance with the 6(2^ ar. o provisions of Article Article 9(1)(b), an airline which accounts for more than 25% of traffic at the airport or, in the case of island airports, more than 25% of the scheduled traffic at the airocrt. shall be entitled either to enter the market at the airport in question, :: to continue to provide groundh&nclmc services for third parties at this airport, without being subject :c the selection procedure provided fer m paragraph 1 of this article. (Amendment 33) Artirle 14(1), 1st and 2nd subparagraphs 1. Member states may. make the groundhandling activity of a supplier of groundhandling services or a self- airport handling conditional the approval of a public authority independent of the managing body of the airport. an obtaining upon user at 1 Member States shall make groundhandling activity of a suppl: of groundhandling services or a se; handling airp: conditional approval of a public author; independent of the managing body the airport. an obtaining upon user at The criteria for such approval must relate to the security ard safety of installations, aircraft, of of equipment and of persons, as well as to environmental protection and the relevant social legislation. end economic The criteria for such approval must relate to appropriate organization, sound financial situation, sufficient insurance cover and personnel oualif. 'nations of the supplier of groundhandling services and to the security and safety of installations, of of equipment and of persons,, as. well as to environmental protection and the respect social legislation. aircraft, relevant of 4 Social and environmental protection Social protection (Amendment 35) Article 18 Without prejudice to the application of this Directive, and subject to the other provisions of Community law. Member States may take the necessary measures to ensure protection cf the rights of workers and respect for the environment. The provisions of this Directive shall in no way affect the rights and obligations of Member** States to ensure protection of workers' rights including the field's of safety s t a n d a r d s, competence, t r a i n i ng and membership of and r e p r e s e n t a t i on bv a t r a de u n i o n. c e r t i f i c a t i on t e c h n i c al and (Amendment 36) Article 22, 2nd paragraph The report. accompanied by proposals for revision of the Directive, shall be drawn up in the two years following the dates referred to in Article 1. The report shall be drawn up not later than 31 December 1999 and shall include a detailed description of the general and operational safety rules in fprce at airports and the Member States' laws and regulations for the approval of groundhandling activities and social provisions relating to employees of such undertakings. The report shall be accompanied by proposals for revision of the Directive, including the need for Community rules in these areas, subject to the principle of subsidiarity. training and for prjfi**1. 90 * ISSN 0254-1475 COM(96) 435 final DOCUMENTS EN 07 QB m 10 Catalogue number : CB-CO-96-437-EN-C ISBN 92-78-08581-2 Office for Official Publications of the European Communities L-2985 Luxembourg ->»3