Activities of Knut FLECKENSTEIN related to 2011/0397(COD)
Plenary speeches (2)
Introduction of noise-related operating restrictions at European Union airports - Groundhandling services at European Union airports - Allocation of slots at European Union airports
Introduction of noise-related operating restrictions at European Union airports - Groundhandling services at European Union airports - Allocation of slots at European Union airports
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on groundhandling services at Union airports and repealing Council Directive 96/67/EC PDF (407 KB) DOC (436 KB)
Amendments (60)
Amendment 61 #
Proposal for a regulation
Recital 5
Recital 5
(5) Further gradual opening of the groundhandling market and tThe introduction of harmonised requirements and quality standards for the provision of groundhandling services are likely towill enhance the efficiency and overall quality of groundhandling services for airlines as well as for, passengers and freights forwarders. This should improve the quality of overall airport operations as well as workers in the sector.
Amendment 64 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 67 #
Proposal for a regulation
Recital 7
Recital 7
(7) Free access tourther opening of the groundhandling market is consistent with the efficient operation of Union airports, provided relevant safeguards are put in place. Free access to the groundhandling market should be introduced gradually and be adapted to the requirements of the sectornd employment standards are guaranteed.
Amendment 73 #
Proposal for a regulation
Recital 8
Recital 8
(8) Gradual opening of the market under Directive 96/67/EC has already produced positivemixed results in terms of improved efficiency and, quality. It is therefore appropriate to proceed with further gradual opening and employment conditions.
Amendment 75 #
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 and self- handling airport users.
Amendment 79 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) All groundhandling services suppliers, self-handling airport users and subcontractors operating at an airport should apply the relevant representative collective agreements so as to allow fair competition between groundhandling services suppliers on quality and efficiency.
Amendment 80 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) A collective agreement shall be deemed to be representative where it is substantively applicable to groundhandling services and where its territorial applicability within a Member State extends to the airport at which the groundhandling services supplier operates. At airports where there is more than one collective agreement, the agreement deemed to be representative shall be that which applies to the greater number of employees.
Amendment 85 #
Proposal for a regulation
Recital 17
Recital 17
(17) Ambiguity exists as to whether It should be clarified and ensured how Member States may require, 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 clarifyurgently necessary to clarify and, if need be, amend the rules on the takeovransfer of staff beyond thevia the correspondent application of Directive 2001/23/EC on transfers of undertakings, in consultation with the social partners, enabling Member States to ensure adequate employment, safety and working conditions as well as the protection of employees' rights and high labour standards. Dismissal on economic, technical or organisational grounds shall not be permitted.
Amendment 93 #
Proposal for a regulation
Recital 23
Recital 23
(23) The managing body of the airport may also supply groundhandling services itself. As at the same time, through its decision, the managing body of the airport may exercise considerable influence on competition between suppliers of groundhandling services, airports should be required to keep strictly separate accounts for their groundhandling services ion a legal entity separate from the legal entity fothe one hand and their infrastructure management on the other.
Amendment 95 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Where the managing body of an airport supplies groundhandling services itself, or directly or indirectly controls a groundhandling services undertaking, due coordination of the groundhandling services should be monitored by the independent supervisory authority in order to guarantee equal treatment.
Amendment 99 #
Proposal for a regulation
Recital 29
Recital 29
(29) Subcontracting increases flexibility for suppliers of groundhandling services. Nevertheless, subcontracting and cascade subcontracting may also result in capacity constraints and have negative effects on safety and security. Subcontracting should therefore be limited and the rules governing subcontracting should be clarified.
Amendment 105 #
Proposal for a regulation
Recital 32
Recital 32
(32) In order to ensure that harmonised insurance requirements apply for suppliers of groundhandling services and self- handling airport users, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of insurance requirements for suppliers of groundhandling services and self-handling airport users. In order to ensure that harmonised and properly updated obligations apply concerning the minimum quality standards for groundhandling services and concerning the reporting obligations for suppliers of groundhandling services and self-handling airport users, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifications for minimum quality standards for groundhandling services and in respect of specifications for the content and dissemination of reporting obligations for suppliers of groundhandling services and self-handling airport users. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and involving the specific Sectoral Social Dialogue Committee set up under Decision 98/500/EC.
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) In relation to integrators, ‘self- handling’ covers the groundhandling services supplied for all aircraft in the transport network whether owned or leased by the integrator and irrespective of whether the airline is owned by the integrator or a third party. For the purposes of this paragraph, the groundhandling services supplier must not be an airport user but must belong to the integrator and must meet the minimum quality standards.
Amendment 117 #
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) ‘Integrator’ means an undertaking that offers a transport service, the content of which is laid down in a contract, from a departure point to a final destination, seamlessly integrating transportation, groundhandling, consignment sorting and delivery services;
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) '‘centralised infrastructure'’ means specific airport installations and/or facilities at an airport which cannot, for technical, environmental, cost or capacity reasons, be divided or duplicated and whose availability is essential and necessary for the performance of subsequent groundhandling services;
Amendment 125 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each of the airports concernedvery airport with annual traffic of not less than 2 million passenger movements or 50 000 tonnes of freight for at least the previous three years shall establish a committee of representatives of airport users or of organisations representing airport users ('‘Airport Users'’ Committee'’).
Amendment 136 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 143 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
For airports as referred to in paragraph (1) 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.
Amendment 157 #
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 164 #
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 167 #
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Where the number of authorised suppliers is restricted pursuant to paragraph (2), Member States may 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: two groundhandling services suppliers.
Amendment 171 #
Proposal for a regulation
Article 6 – paragraph 4 – indent 1
Article 6 – paragraph 4 – indent 1
Amendment 176 #
Proposal for a regulation
Article 6 – paragraph 4 – indent 2
Article 6 – paragraph 4 – indent 2
Amendment 182 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Where an airport reaches one of the freight traffic thresholds laid down in this Article without reaching the corresponding passenger movement threshold, this Regulation shall not apply to categories of groundhandling services reserved exclusively for passengers.
Amendment 191 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 202 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the applicant demonstrates its ability and commits in writing to apply the relevant provisions and rules including applicable labour laws, applicable collective agreements, rules of conduct at the airport and quality requirements at the airport. The applicant also undertakes to apply the respective representative collective agreements.
Amendment 212 #
Proposal for a regulation
Article 9 – paragraph 3 – point c a (new)
Article 9 – paragraph 3 – point c a (new)
(c a) decent employment and working conditions, including upholding workers' rights in the context of a transfer of staff in accordance with Article 12 of this Regulation;
Amendment 214 #
Proposal for a regulation
Article 9 – paragraph 3 – point d a (new)
Article 9 – paragraph 3 – point d a (new)
(da) pass marks in a safety audit. The standards for safety audits must comply with the specifications adopted by the Commission. The Commission shall be empowered to adopt those specifications by means of delegated acts in accordance with Article 42.
Amendment 220 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Suppliers of groundhandling services shall be authorised for a minimum period of seven years and a maximum period of ten years except in the case of exemptions for the opening of self-handling and third- party groundhandling as provided for in Article 14 (1). The exact period for which the suppliers are authorised and the date to start operations shall be clearly indicated in the invitation to tender.
Amendment 243 #
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
Amendment 245 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
Amendment 246 #
Proposal for a regulation
Article 14 – paragraph 10
Article 14 – paragraph 10
10. Exemptions granted by Member States pursuant to paragraph (1) may not exceed a duration of three years except for exemptions granted under paragraph 1 (b) and (c). Not later than six months before the end of that period the Member State shall take a new decision on each request for exemption, which shall also be subject to the provisions of this Article.
Amendment 249 #
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Exemptions granted by Member States under paragraphs (1) (b) and (c) may not exceed a duration of two years. However, a Member State may in accordance with the considerations referred to in paragraph (1), request that this period be extended by a single period of two years. The Commission shall decide on such a request. The implementing decision shall be adopted in accordance with the advisory procedure referred to in Article 43 (2).
Amendment 253 #
Proposal for a regulation
Article 15 – paragraph 1
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.
Amendment 277 #
Proposal for a regulation
Article 17 – paragraph 1 – point e a (new)
Article 17 – paragraph 1 – point e a (new)
(e a) it complies with the minimum criteria for staff working conditions in accordance with Article 8(2)(b);
Amendment 314 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. The procedure for granting approvals shall be transparent and non- discriminatory and may not go beyond the provisions of this Regulation in restricting market access or the freedom to self- handle.
Amendment 333 #
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 infrastructure or a service.
Amendment 352 #
Proposal for a regulation
Article 29 – title
Article 29 – title
Amendment 357 #
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 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 entityguarantee strict separation of accounts for the provision of these groundhandling activities.
Amendment 363 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 373 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 382 #
Proposal for a regulation
Article 29 – paragraph 3
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 airportmanaging body of the airport or the managing body of the centralised infrastructure, in cases where the managing body of the airportse 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 pric to third parties, shall ensure that these groundhandling services receive no financial cross- subsidisation from aeronautical activities itn charges for its groundhandling services to third partiesonnection with the management of airport infrastructure.
Amendment 393 #
Proposal for a regulation
Article 29 – paragraph 5
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-subsidisationexamine the separate accounts and publicly confirm that cross-subsidisation within the meaning of paragraph (3) has not occurred. Where the legal entity providingsupplier of 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).
Amendment 401 #
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 ground-handling services and self-handling airport users comply with the airport rules of conduct as defined in Article 31. The managing body of the airport shall be empowered to enforce the rules of conduct. The measures adopted shall be transparent, proportionate and non- discriminatory.
Amendment 407 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. If the managing body of the airport provides groundhandling services or directly or indirectly controls an undertaking which does so, the independent supervisory authority shall monitor the proper coordination of groundhandling services and the enforcement of the rules of conduct by the management body.
Amendment 415 #
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 a proper contingency plan is drawn up for 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 plan. The managing body of the airport may use a CDM system for coordination purposes.
Amendment 424 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The managing body of the airport, a public authority or any other body which controls the airport may lay down rules of conduct. If the Airport Users’ Committee regards the rules of conduct as inadequate, it may ask the independent supervisory authority to resolve the matter.
Amendment 428 #
Proposal for a regulation
Article 31 – paragraph 3 – point c a (new)
Article 31 – paragraph 3 – point c a (new)
(ca) They shall take appropriate, proportional and non-discriminatory measures to punish breaches of the rules of conduct as defined in Article 30(1).
Amendment 457 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The minimum quality standards shall cover in particular the following fields: operational performance, staff training, nature of equipment, information and assistance to passengers, in particular as referred to in Regulations (EC) No 261/2004 of the European Parliament and of the Council18 and EC (No) 1107/2006 of the European Parliament and of the Council19, CDM, safety, security, contingency measures, and the environment.
Amendment 462 #
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. The minimum quality standards shall comply with the specifications set by the Commission. The Commission shall be empowered to adopt those specifications by means of delegated acts in accordance with Article 42laid down in Annex 1a to this Regulation.
Amendment 467 #
Proposal for a regulation
Article 32 – paragraph 7 a (new)
Article 32 – paragraph 7 a (new)
7a. If a supplier of groundhandling services fails to meet the minimum quality standards, the matter shall be referred to the Airport Users' Committee. On a proposal from the managing body of the airport, and once an appropriate period has elapsed, the Member State may then take proportionate and non- discriminatory measures to enforce the minimum quality standards.
Amendment 506 #
Proposal for a regulation
Article 35 – paragraph 4
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.:
Amendment 507 #
Proposal for a regulation
Article 35 – paragraph 4 – point a (new)
Article 35 – paragraph 4 – point a (new)
(a) if it is temporarily unable to provide these groundhandling services due to force majeure.
Amendment 508 #
Proposal for a regulation
Article 35 – paragraph 4 – point b (new)
Article 35 – paragraph 4 – point b (new)
(b) if it takes part in the tendering procedure pursuant to Articles 7 to 10.
Amendment 516 #
Proposal for a regulation
Article 35 – paragraph 7 a (new)
Article 35 – paragraph 7 a (new)
7a. A supplier of groundhandling services may not subcontract groundhandling services except if it is temporarily unable to provide the services in question due to force majeure.
Amendment 533 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The delegation of power referred to in Articles 22, 32,9(3)[da], 22 and 33 shall be conferred for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 535 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. The delegation of powers referred to in Articles 22, 32,9(3)[da], 22 and 33 may be revoked at any time by the European Parliament or by the Council. A revocation decision shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 536 #
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. A delegated act adopted pursuant to Articles 22, 32,9(3)[da], 22 and 33 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 538 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 545 #
Proposal for a regulation
Annex 1 a (new)
Annex 1 a (new)