24 Amendments of Alejandro CERCAS related to 2011/0397(COD)
Amendment 26 #
Proposal for a regulation
Recital 17
Recital 17
(17) Ambiguity exists as to whether Member States may requireMember States should ensure legally and without any ambiguity the takeover of staff upon a change of provider for groundhandling services to which access is limited. Discontinuity of staff can havehas a detrimental effect on the quality of groundhandling services. It is therefore appropriate to clarify tThe rules on the takeovransfer of staff beyond the application of Directive 2001/23/EC on transfers of undertakings enabling Member States to ensure adequate employment and working conditionshe change of groundhandling providers enabling Member States to safeguard employee´s rights, high labour standards and decent working conditions should be amended where necessary via provisions for the transfer of staff. Dismissal on economic, technical or organisational grounds should not be permitted in this context.
Amendment 33 #
Proposal for a regulation
Recital 28
Recital 28
(28) In a labour-intensive sector such as groundhandling, continuous staff development, education and training have a strong impact on service quality. Minimum training requirements should therefore be set to ensure and the safety of operations. The competent authorities in the Member States in cooperation with EASA, airport operators and the social partners should set ambitious minimum standards to ensure the highest quality for education and training of employees in the groundhandling sector. These standards should be regularly updated and developed in order to contribute to the quality of operations in terms of reliability, resilience, safety and security, and to create a level playing field among operators. No new service providers should be approved until the required standards are met at the respective airport.
Amendment 38 #
Proposal for a regulation
Recital 31
Recital 31
(31) Member States should retain the power to ensureensure that the staff of undertakings providing groundhandling services enjoy an adequate level of social protection, for the staff of undertaking providing groundhandling servicesair working conditions and decent living wages, which should also be ensured in the event of subcontracting and service contracts. No new service providers should be approved until the required standards are met at the respective airport.
Amendment 43 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Safeguarding of employees' rights in the event of transfer of staff for services subject to market access restrictions
Amendment 44 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. This Article applies only toto all groundhandling services for which the Member State concerned has limited the number of suppliers in accordance with Article 6 or 14.
Amendment 48 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where, following the selection procedure laid down in Articles 7 to 10, a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services or where a service provider ceases to provide groundhandling services to an airport user or where a self-handling airport user decides to cease self-handling, Member States mayshall require supplier(s) of groundhandling services or self-handling airport users which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of Council Directive 2001/23/EC17 . The provisions set out in Article 4(1), second sentence, of Directive 2001/23/EC shall not apply in these cases.
Amendment 52 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall limit the requirement in paragraph (2) to the employees of the previous supplier who are involved in the provision of services for which the previous supplier lost authorisation, and who voluntarily accept to be taken on by the new supplier(s) or self-handling airport user. The costs of redundancy plans for departing staff shall be borne by airport users in proportion to their share of traffic.
Amendment 54 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 56 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Where a Member State imposes a requirement as referred to in paragraph (2), tTender documents for the selection procedure laid down in Articles 7 to 10 shall list the staff concerned and give the relevant details of employees' contractual rights and the conditions under which employees are deemed to be linked to the services in question. Staff and union representatives shall have access to those lists.
Amendment 57 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 60 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 63 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Amendment 66 #
Proposal for a regulation
Article 12 – paragraph 9
Article 12 – paragraph 9
Amendment 72 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
An undertaking applying for an approval shall demonstrate that its employees have the qualification, professional experience and length of service necessary for the performance of the activity it applies for. Individual requirements concerning qualifications, professional experience and length of service shall be set for each airport by the competent authorities in the Member State in cooperation with EASA as well as the airport operator and the social partners concerned. Moreover, general standards for groundhandling staff shall be established at EU level by EASA in cooperation with the competent authorities of the Member States, the airport operators and social partners. These requirements shall be monitored by the competent authorities in the Member States in cooperation with EASA.
Amendment 78 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Suppliers of groundhandling services and self-handling airport users shall ensure that all their employees involved in the provision of groundhandling services, including managing staff and supervisors, regularly attend specific and recurrent training to enable them to perform the tasks assigned to them and to prevent accidents and injuries. The competent authorities in the Member States shall monitor compliance with education and training standards. Recurrent training at the expense of the concerned groundhandling service provider or self-handling airport users may be required. No new service providers shall be approved until the required standards are met at the respective airport.
Amendment 80 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Every employee involved in the provision of groundhandling services shall attend at least two days ofbasic theoretical and practical education and specific training relevant for the tasks assigned to the employeeasks. Every employee shall attend the relevant training whenbefore taking up a new job or when a new task is assigned tostarting a newly assigned task. Airport specific details and the minimum duration concerning the education and training shall be determined by the competent authorities in Member States in cooperation with EASA as well as concerned airport operators and social partners. A practical and a theoretical test shall serve to demonstrate that the relevant skills and knowledge have been acquired during the courses. The training costs shall be borne in full by the employeers.
Amendment 87 #
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
Article 34 – paragraph 3 – introductory part
3. Where relevant for the activity of the groundhandling services in question, training and tests shall cover at least:
Amendment 88 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1 (new)
Article 34 – paragraph 3 – subparagraph 1 (new)
The specific content of the courses and tests and their proper conduct shall be regulated and monitored by the competent authorities in Member States in cooperation with EASA. EASA shall define the training criteria to be met in order to establish a European certification standard for the safety-related functions as referred to in Article 21.
Amendment 91 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. The Commission shall submit a report to the European Parliament and the Council on the implementation of this Regulation not later than 53 years after the date of application of this Regulation. The report shall in particular assess any significantthe impact on the quality of groundhandling services, as well as employment and working conditions. The report shall includexamine the following set of indicators and criteria for a sample of airports:
Amendment 92 #
Proposal for a regulation
Article 39 – paragraph 1 – point l
Article 39 – paragraph 1 – point l
(l) minimum quality standards for groundhandling undertakings in the Union with regard to the eleven categories of services;
Amendment 93 #
Proposal for a regulation
Article 39 – paragraph 1 – point n
Article 39 – paragraph 1 – point n
(n) transfer of staff and its impact on the protection of employees, particularly the number of staff transferred where a change of groundhandling service provider occurred, the number of staff who accepted voluntary redundancy where a change of groundhandling service providers occurred; the development of wages in the case of transferred workers; the number of cases brought before employment tribunals in connection with transfers; the number of staff who accepted voluntary redundancy and are dependent on payments from national social security systems;
Amendment 95 #
Proposal for a regulation
Article 39 – paragraph 1 – point o
Article 39 – paragraph 1 – point o
(o) employment and working conditions in the groundhandling sector, particularly trends in wages and salaries in comparison with trends in prices charged for groundhandling and in comparison with changes in the productivity of groundhandling services at the airport as a whole and those supplied by individual groundhandling service providers.
Amendment 96 #
Proposal for a regulation
Article 39 – paragraph 1 – point o a (new)
Article 39 – paragraph 1 – point o a (new)
(o a) link between delays caused by groundhandling services and insufficient quality standards;
Amendment 97 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1