40 Amendments of Georges BACH 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 59 #
Proposal for a regulation
Recital 5
Recital 5
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 89 #
Proposal for a regulation
Recital 19
Recital 19
(19) To make sure that all service suppliers and self-handling airport users possess sufficient economic solidity, good repute, sufficient insurance coverage, and proper knowledge of groundhandling operations and, the airport environment and security and safety requirements, and in order to establish a level playing field, the granting of approval should be subject to minimum requirements.
Amendment 130 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
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 155 #
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 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 166 #
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 170 #
Proposal for a regulation
Article 6 – paragraph 4 – indent 1
Article 6 – paragraph 4 – indent 1
Amendment 175 #
Proposal for a regulation
Article 6 – paragraph 4 – indent 2
Article 6 – paragraph 4 – indent 2
Amendment 177 #
Proposal for a regulation
Article 6 – paragraph 4 – indent 2
Article 6 – paragraph 4 – indent 2
Amendment 181 #
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. or to infrastructure used exclusively for handling passengers.
Amendment 183 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Where an airport reaches one of the passenger traffic thresholds laid down in this Article without reaching the corresponding freight movement threshold, this Regulation shall not apply to categories of groundhandling services reserved exclusively for freight or to infrastructure used exclusively for handling freight.
Amendment 190 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 199 #
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. If an invitation to tender does not manage to find the requisite number of suppliers of groundhandling services referred to in Article 6(2), the competent authority should conduct a new invitation to tender within 48 months of the expiry of the previous one.
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 267 #
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, nNo undertaking shall be permitted to provide ground-handling services whether as a supplier of ground-handling services, a sub-contractor 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 approval.
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 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 474 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Amendment 478 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
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.