39 Amendments of Michael GAHLER related to 2011/0397(COD)
Amendment 55 #
Draft legislative resolution
Paragraph 1
Paragraph 1
The European Parliament rejects the Commission proposal.
Amendment 57 #
Draft legislative resolution
Paragraph 2
Paragraph 2
The European Parliament rejects the Commission proposal.
Amendment 76 #
Proposal for a regulation
Recital 10
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.
Amendment 140 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 159 #
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 160 #
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, 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.
Amendment 195 #
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. 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.
Amendment 198 #
Proposal for a regulation
Article 7 – paragraph 5
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.
Amendment 205 #
Proposal for a regulation
Article 9 – paragraph 1
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.
Amendment 208 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The award criteria shallmay include the following:
Amendment 269 #
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. This shall also apply to subcontractors. An undertaking meeting the requirements of this Chapter shall be entitled to receive an approval.
Amendment 318 #
Proposal for a regulation
Article 27 – paragraph 2
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.
Amendment 319 #
Proposal for a regulation
Article 27 – paragraph 4
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.
Amendment 323 #
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 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.
Amendment 326 #
Proposal for a regulation
Article 27 – paragraph 7
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.
Amendment 328 #
Proposal for a regulation
Article 27 – paragraph 8
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.
Amendment 330 #
Proposal for a regulation
Article 28 – title
Article 28 – title
Fees for centralised infrastructures and installations and airport installations
Amendment 334 #
Proposal for a regulation
Article 28 – paragraph 3
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.
Amendment 336 #
Proposal for a regulation
Article 28 – paragraph 4 – point d
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;
Amendment 338 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 343 #
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 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.
Amendment 346 #
Proposal for a regulation
Article 28 – paragraph 7
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.
Amendment 350 #
Proposal for a regulation
Article 29
Article 29
Amendment 356 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Amendment 366 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 376 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 381 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 389 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 392 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
Amendment 397 #
Proposal for a regulation
Article 29 a (new)
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.
Amendment 404 #
Proposal for a regulation
Article 30 – paragraph 1
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.
Amendment 416 #
Proposal for a regulation
Article 30 – paragraph 2 – point b
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.
Amendment 429 #
Proposal for a regulation
Article 31 – paragraph 3 – point c a (new)
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).
Amendment 431 #
Proposal for a regulation
Article 31 – paragraph 4 – introductory part
Article 31 – paragraph 4 – introductory part
4. A Member State may, where appropriateshall on a proposal from the managing body of the airport:
Amendment 461 #
Proposal for a regulation
Article 32 – paragraph 5
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.
Amendment 471 #
Proposal for a regulation
Article 33
Article 33
Amendment 498 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 503 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
Amendment 540 #
Proposal for a regulation
Article 45 – paragraph 5 a (new)
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.