BETA

37 Amendments of Markus FERBER related to 2011/0397(COD)

Amendment 76 #
Proposal for a regulation
Recital 10
(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. For certain categories of groundhandling services, Member States must continue to be afforded regulatory discretion to limit the number of suppliers in the interests of maintaining productivity and retaining tried and tested structures.
2012/10/10
Committee: TRAN
Amendment 140 #
Proposal for a regulation
Article 5 – paragraph 1
All airport users shall be free to self- handleUsers of any airport with an annual traffic of not less than 2 million passenger movements or 50 000 tonnes of freight for at least the previous three years shall be free to self-handle. Member States may limit the number of self-handling airport users 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. Member States may not, however, limit the number of self-handling airport users to fewer than two.
2012/10/10
Committee: TRAN
Amendment 159 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
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.
2012/10/10
Committee: TRAN
Amendment 160 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall not limit this number to fewer than two suppliers for each category of groundhandling services, or, forif they deem it appropriate in the case of 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.
2012/10/10
Committee: TRAN
Amendment 195 #
Proposal for a regulation
Article 7 – paragraph 1
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. In this case, the tendering authority may, perhaps at the request of the managing body of the airport, determine that the supplier must offer a package of one or more categories of services referred to in Article 6(2), if this is deemed necessary for operational reasons or for the efficient use of handling capacity.
2012/10/10
Committee: TRAN
Amendment 198 #
Proposal for a regulation
Article 7 – paragraph 5
5. The invitation to tender shall be launched and published in the Official Journal of the European Union. The Official Journal of the European Union shall create an appropriate heading for the groundhandling services tender procedure.
2012/10/10
Committee: TRAN
Amendment 205 #
Proposal for a regulation
Article 9 – paragraph 1
1. The managing body of the airport shall draw up the tender documents as the basis for the award procedure and shall, in particular, establish a representative flight schedule and minimum quality standards. 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.
2012/10/10
Committee: TRAN
Amendment 208 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
3. The award criteria shallmay include the following:
2012/10/10
Committee: TRAN
Amendment 269 #
Proposal for a regulation
Article 16 – paragraph 1
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. This shall also apply to subcontractors. An undertaking meeting the requirements of this Chapter shall be entitled to receive an approval.
2012/10/10
Committee: TRAN
Amendment 318 #
Proposal for a regulation
Article 27 – paragraph 2
2. The managing body of the airport shall publish a list of the centralised infrastructures at the airport where this has not yet been done.
2012/10/10
Committee: TRAN
Amendment 319 #
Proposal for a regulation
Article 27 – paragraph 4
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 decide on an objective basis and after consulting the Airport Users' Committee on additional infrastructures to be centralised. 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.
2012/10/10
Committee: TRAN
Amendment 323 #
Proposal for a regulation
Article 27 – paragraph 5
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 or the authorities established in accordance with Articles 6(5) and 11(2) of the Airport Charges Directive to decide whether the infrastructure concerned is to be centralised or not and to what extent.
2012/10/10
Committee: TRAN
Amendment 326 #
Proposal for a regulation
Article 27 – paragraph 7
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. Where necessary, the managing body of the airport may recover and redistribute this space.
2012/10/10
Committee: TRAN
Amendment 328 #
Proposal for a regulation
Article 27 – paragraph 8
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(3), (4) or (5) of Directive 2009/12/EC shall apply.
2012/10/10
Committee: TRAN
Amendment 330 #
Proposal for a regulation
Article 28 – title
Fees for centralised infrastructures and installations and airport installations
2012/10/10
Committee: TRAN
Amendment 334 #
Proposal for a regulation
Article 28 – paragraph 3
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.
2012/10/10
Committee: TRAN
Amendment 336 #
Proposal for a regulation
Article 28 – paragraph 4 – point d
(d) the revenue from the different fees, and the total cost of the services covered by them and the return on assets;
2012/10/10
Committee: TRAN
Amendment 338 #
Proposal for a regulation
Article 28 – paragraph 5
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.deleted
2012/10/10
Committee: TRAN
Amendment 343 #
Proposal for a regulation
Article 28 – paragraph 6
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 or the authorities established in accordance with Articles 6(5) and 11(2) of the Airport Charges Directive to decide on the level of the fee.
2012/10/10
Committee: TRAN
Amendment 346 #
Proposal for a regulation
Article 28 – paragraph 7
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(3), (4) or (5) of Directive 2009/12/EC shall apply.
2012/10/10
Committee: TRAN
Amendment 350 #
Proposal for a regulation
Article 29
[...]deleted
2012/10/10
Committee: TRAN
Amendment 356 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 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.deleted
2012/10/10
Committee: TRAN
Amendment 366 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
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.deleted
2012/10/10
Committee: TRAN
Amendment 376 #
Proposal for a regulation
Article 29 – paragraph 2
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.deleted
2012/10/10
Committee: TRAN
Amendment 381 #
Proposal for a regulation
Article 29 – paragraph 3
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.deleted
2012/10/10
Committee: TRAN
Amendment 389 #
Proposal for a regulation
Article 29 – paragraph 4
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.deleted
2012/10/10
Committee: TRAN
Amendment 392 #
Proposal for a regulation
Article 29 – paragraph 5
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).deleted
2012/10/10
Committee: TRAN
Amendment 397 #
Proposal for a regulation
Article 29 a (new)
Article 29a Separation of accounts 1. Where the managing body of an airport, the airport user or the supplier of groundhandling services provide groundhandling services, they must rigorously separate the accounts of their groundhandling activities from the accounts of their other activities, in accordance with current commercial practice. 2. An independent examiner appointed by the Member State must check that this separation of accounts is carried out. 3. The examiner shall also check the absence of financial flows between the activity of the managing body as airport authority and its groundhandling activity.
2012/10/10
Committee: TRAN
Amendment 404 #
Proposal for a regulation
Article 30 – paragraph 1
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. by suppliers of groundhandling services and self- handling airport users at its airport The managing body of the airport shall be empowered to instruct suppliers of groundhandling services and self-handling airport users to comply with the airport rules of conduct as defined in Article 31 and the minimum quality standards as defined in Article 32. It shall be empowered to take appropriate measures to ensure compliance with its instructions. (a) The management body of the airport shall be empowered to pass on the cost of coordination and the expenses it incurs in that connection, as part of its traffic management role, to airport users through airport charges. (b) The managing body of the airport shall not be liable in the event of non- compliance with the rules of conduct as defined in Article 31 and the minimum quality standards as defined in Article 32 by airport users and suppliers of groundhandling services.
2012/10/10
Committee: TRAN
Amendment 416 #
Proposal for a regulation
Article 30 – paragraph 2 – point b
(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 planby means of a proper contingency plan. The managing body may employ a CDM system. At airports with an annual passenger volume of fewer than 15 million the managing body may employ a ‘light’ version of CDM.
2012/10/10
Committee: TRAN
Amendment 429 #
Proposal for a regulation
Article 31 – paragraph 3 – point c a (new)
(ca) They may lay down proportionate and appropriate instruments, in particular appropriate contractual penalties, by means of which the managing body of the airport can punish breaches of the rules of conduct or failure to comply with an instruction issued by the managing body pursuant to Article 30(1).
2012/10/10
Committee: TRAN
Amendment 431 #
Proposal for a regulation
Article 31 – paragraph 4 – introductory part
4. A Member State may, where appropriateshall on a proposal from the managing body of the airport:
2012/10/10
Committee: TRAN
Amendment 461 #
Proposal for a regulation
Article 32 – paragraph 5
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. They may lay down proportionate and appropriate instruments, in particular appropriate contractual penalties, by means of which the managing body of the airport can punish non-compliance with the minimum quality standards.
2012/10/10
Committee: TRAN
Amendment 471 #
Proposal for a regulation
Article 33
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.deleted
2012/10/10
Committee: TRAN
Amendment 498 #
Proposal for a regulation
Article 35 – paragraph 2
2. Self-handling airport users may subcontract groundhandling services only where they are temporarily unable to perform self-handling due to force majeure.deleted
2012/10/10
Committee: TRAN
Amendment 503 #
Proposal for a regulation
Article 35 – paragraph 4
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.deleted
2012/10/10
Committee: TRAN
Amendment 540 #
Proposal for a regulation
Article 45 – paragraph 5 a (new)
5a. Tendering procedures shall be completed in accordance with existing law if the relevant call for tenders had already been published in the Official Journal of the European Union at the time this Regulation entered into force.
2012/10/10
Committee: TRAN