Activities of Thomas MANN related to 2011/0397(COD)
Plenary speeches (1)
Introduction of noise-related operating restrictions at European Union airports - Groundhandling services at European Union airports - Allocation of slots at European Union airports
Amendments (34)
Amendment 59 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 63 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The Ecorys study of groundhandling services, which the Commission cites repeatedly, concludes that, as a result of the first opening-up of the market, jobs have become more insecure and the number of short-term contracts has increased. Trade unions in the EU have also pointed out that levels of pay in the groundhandling sector have not kept pace with inflation or with the average rate of pay increases. Full opening of the market would drastically worsen workers’ circumstances. In these circumstances, robust social protection provision is needed to shield workers from negative consequences. Articles 12, 39 and 40 make such provision.
Amendment 68 #
Proposal for a regulation
Recital 7
Recital 7
(7) Free access to the groundhandling market is consistent with the efficient operation of Union airports, provided relevant safeguards and precautionary provisions for quality and employment conditions are put in place. Free access to the groundhandling market should be introduced gradually and be adapted to the requirements of the sector.
Amendment 71 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 139 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
All airport users shall be free to self- handle. t every airport in the European Union, airport users shall be free to self-handle if the airport has had an annual traffic of not less than 2 million passenger movements or 50 000 tonnes of freight for at least the previous three years. Member States may, at most, limit the number of self-handling airport users in respect of the following four of the 11 categories of groundhandling services: (a) Category 3: baggage handling; (b) Category 4: 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; (c) Category 5: ramp handling; (d) Category 7: fuel and oil handling. Member States may not, however, limit the number of self-handling airport users to fewer than two.
Amendment 158 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
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.
Amendment 165 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – introductory part
Article 6 – paragraph 3 – subparagraph 1 – introductory part
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:
Amendment 177 #
Proposal for a regulation
Article 6 – paragraph 4 – indent 2
Article 6 – paragraph 4 – indent 2
Amendment 194 #
Proposal for a regulation
Article 7 – paragraph 1
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. The tendering authority shall have the power to require that suppliers of groundhandling services are obliged to offer one or more bundled categories of groundhandling services referred to in Article 6(2). The managing body shall be authorised to make the corresponding application for bundling to the tendering authority.
Amendment 201 #
Proposal for a regulation
Article 8 – paragraph 2 – point a a (new)
Article 8 – paragraph 2 – point a a (new)
(aa) the applicant meets the requirements of Articles 34 and 40;
Amendment 204 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The basic tender documents must take local conditions into account, and therefore have to be drawn up by the managing body of the airport. These documents include the establishment of minimum quality standards that take into account the provisions of Articles 34 and 40, as well as a representative flight schedule. 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.
Amendment 207 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The following award criteria shall include the followingmay be used. Taking local conditions into account, these may be extended, curtailed or removed, with the exclusion of award criteria resulting from Articles 34 and 40. The introduction of these criteria shall be mandatory in all Member States:
Amendment 268 #
Proposal for a regulation
Article 16 – paragraph 1
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. An undertaking meeting the requirements of this Chapter shall be entitled to receive an approvalSubcontractors are also covered by this requirement and must be in possession of an approval that is accepted in all EU Member States. An undertaking meeting the requirements of this Chapter shall be entitled to receive an approval. However, account shall be taken of the provisions of Article 12 and, in particular, of Articles 34 and 40.
Amendment 274 #
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(c a) it complies with the requirements of Articles 12, 34 and 40. Failure to comply with the provisions of Articles 34 and 40 shall automatically lead to the withdrawal, suspension or withholding of the licence.
Amendment 304 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1 a. The validity of the approval shall expire or be suspended in the event of failure to comply with the provisions of Articles 34 and 40. Failure to comply with the provisions of Articles 34 and 40 during the approval procedure shall lead to approval being withheld.
Amendment 311 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2 a. Failure to comply with the provisions of Articles 34 and 40 shall automatically lead to the withdrawal, suspension or withholding of the approval.
Amendment 315 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
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 and the provisions of Articles 34 and 40.
Amendment 320 #
Proposal for a regulation
Article 27 – paragraph 5
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 or the corresponding competent bodies of the Member State concerned to decide whether the infrastructure concerned is to be centralised or not and to what extent.
Amendment 341 #
Proposal for a regulation
Article 28 – paragraph 6
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 or the corresponding competent bodies of the Member State concerned to decide on the level of the fee.
Amendment 358 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
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 yearsin the European Union, the managing bodyies of the airport or the managing bodyies of the centralised infrastructure shall, if ithey provides groundhandling services for third parties, not be obliged to establish a separate legal entity for the provision of these groundhandling activities.
Amendment 364 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 378 #
Proposal for a regulation
Article 29 – paragraph 2
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 yearsin the European Union, 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.
Amendment 383 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The legal entity providing 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 separation provided for in Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports shall apply in particular in the following cases w: Where the managing body of the airportan airport, the airport user or the supplier of groundhandling services provides groundhandling services, or from aeronautical activities related to the managemethey must rigorously separate the accounts of their groundhandling activities from the accounts 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. their other activities, in accordance with current commercial practice. An independent examiner appointed by the Member State must check that this separation of accounts is carried out. The examiner shall also check the absence of financial flows between the activity of the managing body as airport authority and its groundhandling activity.
Amendment 387 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 390 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
Amendment 426 #
Proposal for a regulation
Article 31 – paragraph 3 – point a a (new)
Article 31 – paragraph 3 – point a a (new)
(aa) The managing body of the airport, a competent authority or another body responsible for airport supervision shall be free to choose appropriate means and instruments to punish breaches of the rules of conduct or failures to comply with instructions. Such appropriate means shall explicitly include contractual penalties.
Amendment 427 #
Proposal for a regulation
Article 31 – paragraph 3 – point c
Article 31 – paragraph 3 – point c
(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. In particular in the case of breaches of the provisions of Articles 34 and 40, however, market access or the freedom to self-handle must automatically be restricted. Failure to comply with the provisions of Articles 34 and 40 shall automatically lead to the withdrawal, suspension or withholding of the licence.
Amendment 430 #
Proposal for a regulation
Article 31 – paragraph 4 – introductory part
Article 31 – paragraph 4 – introductory part
4. A Member State may, where appropriate on a proposal from the managing body of the airportshall:
Amendment 434 #
Proposal for a regulation
Article 31 – paragraph 4 – point a a (new)
Article 31 – paragraph 4 – point a a (new)
Amendment 435 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. For the purposes of this Article, 'minimum quality standards' means minimum quality level requirements for groundhandling services. The provisions of Articles 34 and 40 shall apply. Failure to comply with the provisions of Articles 34 and 40 shall automatically lead to the withdrawal, suspension or withholding of the licence.
Amendment 445 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. At airports whose annual traffic has been not less thanover 5 million passenger movements or 100 000 tonnes of freight for at least the previous three years, the airport managing body of the airport or, where appropriate, the Member State, the public authority or any other body which controls the airport shall set minimum qualityadditional minimum standards for the performance of groundhandling services which may go beyond the basic provisions of Articles 34 and 40.
Amendment 473 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Amendment 494 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Without prejudice to paragraphs (2), (3) and (4), suppliers of groundhandling services may engage in subcontracting. The requirements laid down in and the provisions of Articles 34 and 40 shall apply in the same way to subcontractors.
Amendment 499 #
Proposal for a regulation
Article 35 – paragraph 2
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. The requirements laid down in and the provisions of Articles 34 and 40 shall apply in the same way to subcontractors.