[ParlTrack]

Jacqueline FOSTER

Proposal for a regulation
Article 2 – paragraph 1 – point e – indent 1

– one holds a majority holding in, or otherwise directly or indirectly controls the other; or

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 2 – paragraph 1 – point e – indent 2

– a single body has a majority holding in, or otherwise directly or indirectly controls each; or

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 2 – paragraph 1 – point e – indent 2 a (new)

- both airport users belong to the same group;

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 6 – paragraph 4 – introductory part

4. Where the number of authorised suppliers is restricted pursuant to paragraph (2), Member States ~~may~~shall not prevent an airport user, whatever part of the airport is allocated to him, from having, in respect of each category of groundhandling service subject to limitation, an effective choice, under the conditions laid down in paragraphs (2) and (3), between at least:

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) those airports are located on islands or remote mainland locations in the same geographical region; and

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 14 – paragraph 1 – introductory part

1. Where ~~specific constraints of~~ available space or capacity at an airport~~, arising in particular from congestion and area utilisation rate, make~~ is so constrained that it its impossible to open up the market and/or implement self- handling to the degree provided for in this Regulation, the Member State concerned may decide:

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 15 – paragraph 1

The managing body of the airport shall organise a procedure for consultation on the application of this Regulation between itself, the Airport Users' Committee and the undertakings providing groundhandling services. This consultation shall cover, inter alia, the price of those groundhandling services for which an exemption has been granted pursuant to Article 14 (1) (b) and (c) and the organisation of the provision of those services. A consultation meeting shall be held at least once a year. The managing body of the airport shall make a record of that meeting which shall be sent to the Commission at its request.deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 15 – paragraph 1 a (new)

General Consultation Process Member States shall ensure that a procedure for consultation on the application of this Regulation between the managing body of the airport, the Airport Users' Committee and the undertakings providing groundhandling services is organised. This consultation shall cover, inter alia, the price of those groundhandling services for which an exemption has been granted pursuant to Article 14 (1) (b) and (c) and the organisation of the provision of those services. A consultation meeting shall be held at least once a year. The managing body of the airport shall make a record of that meeting which shall be sent to the Commission at its request.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 15 a (new)

Article 15 a Consultation on the selection of third party suppliers at airports with a limited number of suppliers In accordance with this Regulation, Member States shall ensure that the tendering authority, consults the Airport Users' Committee and the managing body of the airport, if the latter is different from the tendering authority, on the establishment of minimum qualification criteria (Article 8(1)), the establishment of award criteria (Article 9(2)), and the award of an authorisation to a supplier pursuant to Article 9 (Article 9(1)). Member States shall ensure that, wherever possible, decisions referred to in paragraph 1 are taken in agreement between the tendering authority, the Airport Users' Committee and the managing body of the airport, if the latter is different from the tendering authority. To that end, the tendering authority shall submit the proposed decisions and all necessary information to the airport users committee and the managing body of the airport, if it is different from the tendering authority, no later than six weeks before a final decision. Where the Airport Users' Committee or the managing body of the airport, if the latter is different from the tendering authority, disagrees with the proposed criteria, it shall submit a justified recommendation to the tendering authority no later than four weeks after the submission of the proposed decision pursuant to paragraph 2. The tendering authority shall justify its final decision with regard to the views of the airport users' committee and the managing body of the airport, if the latter is different from the tendering authority, in the event that no agreement on the proposed decision is reached between the parties. Member States shall ensure that in the event of a disagreement over a decision taken by the tendering authority, any party may seek the intervention of an independent supervisory authority which shall examine the justifications for the decision taken. The decision of the tendering authority shall, if brought before the independent supervisory authority, not take effect until that authority has examined the matter. The independent supervisory authority shall, within four weeks of the matter being brought before it, take an interim decision on the entry into force of the decision, unless the final decision can be taken within the same deadline.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 15 b (new)

Article 15 b Consultation on centralised infrastructure, rules of conduct and minimum quality standards Consultation on centralised infrastructure, rules of conduct and minimum quality standards In accordance with this Regulation, Member States shall ensure that the managing body of the airport consults the airport users' committee and undertaking providing groundhandling services on infrastructures to be centralised (Article 27), the adoption of rules of conduct (Article 31), and the establishment of minimum quality standards (Article 32). Member States shall ensure that, wherever possible, decisions referred to in paragraph 2 are taken in agreement between the managing body of the airport, the airport users' committee and undertakings providing groundhandling services. To that end, the managing body of the airport shall submit its proposed decisions and all necessary information to the Airport Users Committee and undertakings providing groundhandling services no later than six weeks before a final decision is taken. Where the Airport Users' Committee or an undertaking providing groundhandling services disagrees with a proposed decision of the managing body the airport, it shall submit a justified recommendation to the airport managing body no later than four weeks after the submission of the proposed decision referred to in paragraph 2. The airport managing body shall justify its final decision with regard to the views of the Airport Users' Committee and undertakings providing groundhandling services in the event that no agreement on the proposed decision is reached between the parties. Member States shall ensure that in the event of a disagreement over a decision taken by the airport managing body, any party may seek the intervention of an independent supervisory authority which shall examine the justifications for the decision taken. A decision of the airport managing body shall, if brought before the independent supervisory authority, not take effect until that authority has examined the matter. The independent supervisory authority shall, within four weeks of the matter being brought before it, take an interim decision on the entry into force of the decision, unless the final decision can be taken within the same deadline.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 16 – paragraph 1

1. At airports whose annual traffic has been ~~not less than~~over 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~~Member States may make the groundhandling activity of 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~~conditional upon obtaining an approval of a competent authority ('approving authority') independent of any a~~pproval~~irport managing body.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 16 – paragraph 2

2. Each Member State shall designate a competent authority (‘approving authority’) independent of any managing body of the airport to be in charge of issuing approvals to provide groundhandling services.deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 16 – paragraph 3

~~3. The approving authority shall not grant approvals or maintain them in force where any of the requirements of this Chapter are not complied with.~~deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 17 – paragraph 1 – introductory part

1. ~~An undertaking shall be gr~~When a Member State, or where relevanted any approv~~al by the approving authority of a Member State provided that~~ing authority issues an approval, the criteria for such an approval must relate to the following:

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 17 – paragraph 1 – point a

(a) ~~it is established and registered in a Member State~~compliance with or expected compliance with the requirements set out in this Regulation, and the national provisions of the Member State in which the applicant operates, concerning: i) environmental protection; and ii) airport safety and security; including the safety and security of installations, aircraft, equipment and persons;

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 17 – paragraph 1 – point b

(b) ~~its company structure allows the approving authority to implement~~compliance with financial conditions, including not being in insolvency or in similar proceedings or bankruptcy, demonstrated in particular by the submission of its audited accounts for the two previous financial years, where applicable, as well as having sustainable operations, demonstrated in particular by the ~~prov~~submissions of ~~this Chapter~~a business plan for at least, the first two years of operation;

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 17 – paragraph 1 – point c

(c) ~~it complies w~~proof of good repute, including a proof of having paid iths t~~he financial conditions specified in Article 18~~axes and social security contributions in the most recent year for the Member States where it carries out an activity, if any, or, in the case where an undertaking from a third country carries out no activity in the Union, for its country of origin;

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 17 – paragraph 1 – point d

(d) ~~it complies with the proof of good reput~~a staff policy that ensures that its current and future employees have the training and professional experience necessary for the spe~~cified in Article 19;~~rformance of the activity it applies for.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 17 – paragraph 1 – point e

~~(e) it complies with the qualification of staff requirement specified in Article 20;~~deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 17 – paragraph 1 – point f

~~(f) it complies with the requirements as regards an operations manual specified in Article 21;~~deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 17 – paragraph 1 – point g

~~(g) it complies with the insurance requirements specified in Article 22.~~deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 17 – paragraph 2

2. Paragraph (1) (a), (c), and (d) shall not apply to self-handling airport users which do not provide groundhandling services to third parties. Airport users that have been issued an approval for self-handling shall not be authorised to provide third-party handling on the basis of this approval.deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 17 – paragraph 3

3. An undertaking applying for an approval or having obtained an approval shall respect the national provisions concerning social protection, environmental protection and airport security of all Member States in which it operates.deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 18

~~[...]~~deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 19

Article 19 Proof of good repute 1. An undertaking applying for an approval shall provide a proof of having paid its taxes and social security contributions in the most recent year, for the Member States where it carries out an activity or, in the case where it carries out no activity in the Union, for its country of origin. 2. The undertaking shall also provide proof that the persons who will continuously and effectively manage the operations of the undertaking are of good repute or that they have not been declared bankrupt. The approving authority shall accept as sufficient evidence in respect of nationals of Member States the production of documents issued by the competent authorities in the Member State where the undertaking is established and registered or the Member State where the person has his/her permanent residence, and showing that those requirements are met. 3. Where the Member State where the undertaking is established and registered or the Member State where the person has his/her permanent residence does not issue the documents referred to in paragraph (2), such documents shall be replaced by a declaration on oath or - in Member States where there is no provision for declaration on oath - by a solemn declaration made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary or qualified professional body of the Member State where the undertaking is established and registered or the Member State where the person has his/her permanent residence. Such authority, notary or qualified professional body shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration.deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 20

Qualification of staff 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.deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 21

Manual of operations An undertaking applying for an approval shall provide a manual of operations for the relevant activities which shall contain the following information: (a) organization chart, management personnel, description of responsibilities and duties, accountability; (b) capacity to operate safely in an airport context; (c) equipment policy; (d) qualification requirements for personnel as well as corresponding training requirements and training plan; (e) safety and quality management procedures; (f) standard handling procedures, including coordination with airport users and airport managing bodies, coordination of activities and specific handling procedures related to specific customers; (g) emergency response policy; (h) security management procedures.deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 22

Insurance requirements 1. Suppliers of groundhandling services and self-handling airport users in the Union shall be insured in respect of their groundhandling-specific liability for damage caused on the territory of a Member State and for which a right to compensation exists. 2. The Commission shall be empowered to specify further details on the insurance requirements and minimum amounts by means of a delegated act in accordance with Article 42.deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 23

Validity of an approval 1. An approval shall be valid for a period of five years. 2. An approval shall be valid for the categories and/or subcategories specified in the approval. 3. The supplier of groundhandling services shall at all times be able upon request to demonstrate to the competent approving authority that it meets all the requirements of this Chapter. 4. The approving authority shall monitor compliance with the requirements of this Chapter. It shall in any case review compliance with these requirements in the following cases: (a) when a potential problem is suspected; or (b) at the request of an approving authority of another Member State; or (c) at the request of the Commission. 5. The approval shall be resubmitted for a new approval when a groundhandling undertaking: (a) has not started operations within twelve months of the granting of an approval; or (b) has ceased its operations for more than twelve months. 6. A groundhandling undertaking shall notify the approving authority: (a) in advance of any substantial change in the scale of its activities; (b) In case an insolvency procedure is initiated for the undertaking.deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 24

Revocation of approval 1. The approving authority may at any time revoke the approval if the supplier of groundhandling services or the self- handling airport user does not meet, for reasons of its own doing, the criteria laid down in this Chapter. The grounds for revocation shall be communicated to the supplier or the self-handling airport user concerned and to the approving authorities in the other Member States. 2. The approving authority shall revoke the approval if the supplier of groundhandling services knowingly or recklessly furnishes the approving authority with false information on an important point.deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 25 – paragraph 1

1. The approving authority shall take a decision on an application as soon as possible, and not later than two months after all the necessary information has been submitted, taking into account all available evidence. The decision shall be communicated to the applicant and to the approving authorities in the other Member States. A refusal shall indicate the reasons thereforecedure for granting approvals shall be transparent, non-discriminatory, and may not, in practice, reduce market access or the freedom to self-handle to a level below that provided for in this Regulation.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 25 – paragraph 2

2. The approv~~al 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~~ing authority shall take a decision on an application as soon as possible, and not later than two months after all the necessary information has been submitted, taking into account all available evidence. The decision shall be communicated to the applicant and to the approving authorities in the other Member States. A refusal shall indicate the reasons therefore.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 25 – paragraph 3

3. The procedures ~~for granting and revoking~~and the list of issued approvals shall be made public by the approving authority~~, which shall inform the Commission thereof~~.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 30 – paragraph 2 – point a

(a) the operations of suppliers of groundhandling services ~~and self-handl~~limited ing a~~irport users~~ccordance with Articles 6(2) or 14 shall comply with minimum quality standards, as specified in Article 32;

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 32 – paragraph 1

1. For the purposes of this Article, ‘'minimum quality standards’' means recommended minimum quality level requirements for groundhandling services limited in accordance with Articles 6(2) or 14.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 32 – paragraph 2

2. At airports whose annual traffic has been not less than 5 million passenger movements or 100 000 tonnes of freight for at least the previous three years, the managing body of the airport or, where appropriate, the public authority or any other body which controls the airport shall set minimum quality standards for the performance of groundhandling services limited in accordance with Articles 6(2) or 14.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 32 – paragraph 3

3. Suppliers of groundhandling services and self-handling airport users shall endeavour to respect these minimum quality standards. In addition, airport users and suppliers of groundhandling services shall ~~respect~~take due account of the minimum quality standards in their contractual relations between them.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 32 – paragraph 4

4. The minimum quality standards shall cover in particular the following fields: ~~operational performance,~~ training, information and assistance to passengers, in particular as referred to in Regulations (EC) No 261/2004 of the European Parliament and of the Council[18] and EC (No) 1107/2006 of the European Parliament and of the Council[19 ], CDM, safety, security, contingency measures, and the environment.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 32 – paragraph 6

6. The minimum quality standards shall comply with specifications set by the Commission. The Commission shall be empowered to adopt those specifications by means of delegated acts in accordance with Article 42. Without prejudice to the requirements of national or European Union legislation, if a supplier of groundhandling services or a self- handling airport user fails to comply with the minimum standards referred to in this Article, the airport managing body shall, in the first instance, seek to address the problem with reference to the Airport User's Committee. If this does not ensure compliance, a Member State may, where appropriate on a proposal from the airport managing body require the payment of financial penalties, restrict or prohibit the activities of a supplier of ground handling services or a self- handling airport user. The Member State shall inform the Commission and, where relevant, the competent authority concerned of any measure taken in accordance with this paragraph. Member States may decide to apply the provisions of this Article at airports other than those referred to in paragraph 2.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

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

Jacqueline FOSTER

Proposal for a regulation
Article 34 – paragraph 1

1. Suppliers of groundhandling services and self-handling airport users shall ensure at their own expense that all their employees involved in the provision of groundhandling services, including managing staff and supervisors~~, regularly attend specific and recurr~~ are sufficiently train~~ing to enable them~~ed to perform the tasks assigned to them, in particular when taking up a new job.

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 34 – paragraph 2

2. Every employee involved in the provision of groundhandling services shall attend at least two days of training relevant for the tasks assigned to the employee. Every employee shall attend the relevant training when taking up a new job or when a new task is assigned to the employee.deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 34 – paragraph 3

~~3. [...]~~deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 34 – paragraph 4

~~4. Every supplier of groundhandling services and self-handling airport user shall report annually on the compliance with its training obligation to the managing body of the airport.~~deleted

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 36 – paragraph 1 – introductory part

1. Without prejudice to the international commitments of the Union, the Commission may, in accordance with the examination procedure referred to in Article 43 (3), decide that a Member State or Member States shall take measures, including the complete or partial suspension of the right of access to the groundhandling market within its territory in respect of suppliers of groundhandling services and self-handling airport users from that third country, with a view to remedying the discriminatory behaviour of the third country concerned, whenever it appears that a third country, with respect to access to the groundhandling or self- handling market:

2012/10/10
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 36 – paragraph 1 a (new)

1 a. A Member State may wholly or partially suspend the obligations arising from this Regulation in respect of suppliers of groundhandling services and airport users from that third country, in accordance with Union law.

2012/10/10
Committee: TRAN

Activities of Jacqueline FOSTER related to 2011/0397(COD)

Plenary speeches (2)

Amendments (46)

ParlTrack - 2011-2024