2011/0397(COD) | [ParlTrack]

Proposal for a regulation
Recital 17

(17) ~~Ambiguity exists as to whether~~In the context of the judgment of the Court of Justice of the European Union of 14 July 2005, Case C-386/03 Commission v Germany1, it is necessary to clarify how Member States may require the takeover of staff upon a change of provider for groundhandling services to which access is limited. Discontinuity of staff can have a detrimental effect on the quality of groundhandling services. It is therefore a~~ppropriate~~bsolutely essential to clarify the rules on the takeover of staff beyond the application of Directive 2001/23/EC on transfers of undertakings enabling Member States to ensure adequate employment and working conditions. __________________ 1 [2005], I-6947.

Amendment 28 #

Proposal for a regulation
Recital 17

(17) Ambiguity exists as to whether Member States may require the takeover of staff upon a change of provider for groundhandling services to which access is limited. Discontinuity of staff can have a detrimental effect on the quality of groundhandling services. It is therefore a~~ppropriate to clarify the rules on~~bsolutely essential to ensure the takeover of staff beyond the application of Directive 2001/23/EC on transfers of undertakings enabling Member States to ensure adequate employment and working conditions.

Amendment 29 #

Proposal for a regulation
Recital 17

(17) Ambiguity exists as to whether Member States may require the takeover of staff upon a change of provider for groundhandling services to which access is limited. Discontinuity of staff can have a detrimental effect on the quality of groundhandling services. It is therefore ~~appropriate~~essential to clarify the rules on the takeover of staff beyond the application of Directive 2001/23/EC on transfers of undertakings, in consultation with the social partners, enabling Member States to ensure adequate employment and working conditions.

Amendment 30 #

Proposal for a regulation
Recital 17

(17) Ambiguity exists as to whether Member States may require the takeover of staff upon a change of provider for groundhandling services to which access is limited. Discontinuity of staff can have a detrimental effect on the quality of groundhandling services. It is therefore appropriate to clarify the rules on the takeover of staff beyond the application of Directive 2001/23/EC on transfers of undertakings enabling Member States to ensure adequate employment, safety and working conditions.

Amendment 31 #

Proposal for a regulation
Recital 17 a (new)

(17a) The provisions of this regulation should ensure appropriate safety levels, so that high staff turnover and a large number of contracts with subcontractors do not pose a risk to safety standards;

Amendment 32 #

Jutta STEINRUCK, Alejandro CERCAS, Evelyn REGNER

Proposal for a regulation
Recital 17 b (new)

(17b) The legislator should ensure that it is possible for a Member State to recommend that staff be transferred if there is a change in the supplier of a limited groundhandling service.

Amendment 33 #

Proposal for a regulation
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 34 #

Proposal for a regulation
Recital 28

(28) In a labour-intensive sector such as groundhandling, continuous staff development and training have a strong impact on service quality. Minimum training requirements should therefore be set to ensure the quality of operations in terms of reliability, resilience, safety and security, and to create a level playing field among operators. The European Aviation Safety Agency should be entrusted with the task of developing minimum standards for education and training which the Member States can and should follow. This task should be included in Regulation No 216/2008.

Amendment 35 #

Proposal for a regulation
Recital 28

(28) In a labour-intensive sector such as groundhandling, continuous staff development and training have a strong impact on both service quality and operational safety. Minimum training requirements should therefore be set to ensure the quality of operations in terms of reliability, resilience, safety and security, and to create a level playing field among operators.

Amendment 36 #

Ole CHRISTENSEN, Jutta STEINRUCK

Proposal for a regulation
Recital 28

(28) In a labour-intensive sector such as groundhandling, continuous staff development and training have a strong impact on service quality. Minimum training requirements, harmonised at a European level, should therefore be set to ensure the quality of operations in terms of reliability, resilience, safety and security, and to create a level playing field among operators.

Amendment 37 #

Proposal for a regulation
Recital 28 a (new)

(28 a) In order to improve the working conditions of baggage handlers, limits in the maximum allowable baggage weight should be reduced further, especially where baggage handling is performed manually. When handling bagage manually, the weight of individual pieces of bagage should also be clearly indicated through a baggage tagging system dividing baggage items into different weight classes.

Amendment 38 #

Jutta STEINRUCK, Alejandro CERCAS, Andrea COZZOLINO

Proposal for a regulation
Recital 31

(31) Member States should ~~retain the power to ensure~~ensure that the staff of undertakings providing groundhandling services enjoy an adequate level of social protection, f~~or the staff of undertaking providing groundhandling services~~air 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 39 #

Proposal for a regulation
Recital 31

(31) Member States ~~should retain the power to~~must ensure an adequate level of social protection for the staff of undertaking providing groundhandling services. In the absence of adequate social protection, accreditation may be suspended, withdrawn or withheld.

Amendment 40 #

Proposal for a regulation
Recital 31

(31) Member States should ~~retain the power to~~ ensure that an adequate level of social protection is guaranteed for the staff of undertakings providing groundhandling services.

Amendment 41 #

Ole CHRISTENSEN

Proposal for a regulation
Recital 31 a (new)

(31 a) Considering that work in the field of baggage handling services can lead to the risk of employees being worn out early in their working life, this Regulation gives Member States the possibility of introducing national legislation in order to improve working conditions.

Amendment 42 #

Jutta STEINRUCK, Alejandro CERCAS, Ole CHRISTENSEN, Andrea COZZOLINO

Proposal for a regulation
Recital 31 a (new)

(31a) This also involves applying representative collective agreements for the various airports in relation to pay and other employment conditions.

Amendment 43 #

Proposal for a regulation
Article 12 – title

Safeguarding of employees' rights in the event of transfer of staff ~~for services subject to market access restrictions~~

Amendment 44 #

Jutta STEINRUCK, Alejandro CERCAS, Ole CHRISTENSEN, Andrea COZZOLINO

Proposal for a regulation
Article 12 – paragraph 1

1. This Article applies ~~only to~~to all groundhandling services ~~for which the Member State concerned has limited the number of suppliers in accordance with Article 6 or 14~~.

Amendment 45 #

Proposal for a regulation
Article 12 – paragraph 2

2. Where, following the selection procedure laid down in Articles 7 to 10, any supplier of groundhandling services, including self-handling airport users, mentioned in paragraph 1 ~~loses~~ its ~~authorisation to provide these services~~replaced by one or more supplier, Member States may require supplier~~(s)~~s of groundhandling services 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 .

Amendment 46 #

Proposal for a regulation
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, and when the supplier of groundhandling services ceases the performance of groundhandling services for an airport user or when a self-handling airport user decides to cease self-handling, Member States may re~~quire~~commend that supplier(s) of groundhandling services 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.

Amendment 47 #

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS, Andrea COZZOLINO

Proposal for a regulation
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 a supplier ceases to provide an airport user with groundhandling services that represent a significant part of its groundhandling service, or an airport user that provides its own groundhandling services decides to cease such services, Member States ~~may~~shall require supplier(s) of groundhandling services or airport users that provide their own groundhandling services 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. A significant part as referred to in the first sentence of subparagraph 1 above always applies if more than 5 % of its groundhandling services are affected. Article 4(1), second sentence, of Directive 2001/23/EC shall not apply to the cases outlined in the first sentence of subparagraph 1 of this paragraph. Dismissal on economic, technical or organisational grounds shall not be permitted.

Amendment 48 #

Proposal for a regulation
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 ~~may~~shall 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 49 #

Proposal for a regulation
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, Member States ~~may~~shall require supplier(s) of groundhandling services 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 .

Amendment 50 #

Proposal for a regulation
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, Member States may require supplier(s) of groundhandling services 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. These rights include the mandatory application of the representative collective agreements.

Amendment 51 #

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS

Proposal for a regulation
Article 12 – paragraph 3

3. Member States shall limit the requirement in paragraph (2) to the employees of the previous supplier, including self handling airport users, who are involved in the provision of ~~services for which~~groundhandling services that the previous supplier ~~lost authorisation~~stops providing, and who voluntarily accept to be taken on by the new supplier(s) or self-handling airport user.

Amendment 52 #

Proposal for a regulation
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 53 #

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS

Proposal for a regulation
Article 12 – paragraph 3

3. Member States shall limit the re~~quirement~~commendation 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).

Amendment 54 #

Proposal for a regulation
Article 12 – paragraph 4

~~4. Member States shall limit the requirement in paragraph (2) so that it is to be proportionate to the volume of activity effectively transferred to the other supplier(s).~~deleted

Amendment 55 #

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS, Ole CHRISTENSEN

Proposal for a regulation
Article 12 – paragraph 5

5. Where a Member State imposes a requirement as referred to in paragraph (2), tender 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.deleted

Amendment 56 #

Proposal for a regulation
Article 12 – paragraph 5

5. ~~Where a Member State imposes a requirement as referred to in paragraph (2), t~~Tender 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

6. Where a supplier of groundhandling services stops providing to an airport user groundhandling services which constitute a significant part of the groundhandling activities of this supplier in cases not covered by paragraph (2), or where a self- handling airport user decides to stop self- handling, Member States may require the supplier(s) of groundhandling services or self-handling airport user which subsequently provide these groundhandling 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/EC.deleted

Amendment 58 #

Proposal for a regulation
Article 12 – paragraph 6

Amendment 59 #

Proposal for a regulation
Article 12 – paragraph 6

Amendment 60 #

Proposal for a regulation
Article 12 – paragraph 7

7. Member States shall limit the requirement in paragraph (6) to the employees of the previous supplier who are involved in the provision of groundhandling services that the previous supplier stops providing, and who voluntarily accept to be taken on by the new supplier(s) or self-handling airport user.deleted

Amendment 61 #

Proposal for a regulation
Article 12 – paragraph 7

Amendment 62 #

Proposal for a regulation
Article 12 – paragraph 7

Amendment 63 #

Proposal for a regulation
Article 12 – paragraph 8

8. Member States shall limit the requirement in paragraph (6) to the employees of the self-handling airport user who are involved in the provision of groundhandling services for which the self-handling airport user decides to stop self-handling, and who voluntarily accept to be taken on by the new supplier(s) or self-handling airport user.deleted

Amendment 64 #

Proposal for a regulation
Article 12 – paragraph 8

Amendment 65 #

Proposal for a regulation
Article 12 – paragraph 8

8. Member States shall limit the requirement in paragraph (62) to the employees of the self-handling airport user who are involved in the provision of groundhandling services for which the self- handling airport user decides to stop self- handling, and who voluntarily accept to be taken on by the new supplier(s) or self- handling airport user.

Amendment 66 #

Proposal for a regulation
Article 12 – paragraph 9

~~9. Member States shall limit the requirement in paragraph (6) so that it is to be proportionate to the volume of activity effectively transferred to the other supplier or self-handling airport user.~~deleted

Amendment 67 #

Proposal for a regulation
Article 12 – paragraph 9

Amendment 68 #

Minodora CLIVETI

Proposal for a regulation
Article 12 – paragraph 10 a (new)

10 a. The Member States shall ensure that wage dumping is prevented not only as applied to the permanent groundhandling employees but also in the event of a transfer of staff, in order to guarantee adequate social standards and to improve the quality of groundhandling services;

Amendment 69 #

Minodora CLIVETI

Proposal for a regulation
Article 12 – paragraph 10 b (new)

10 b. The competent authorities of the Member States shall take due account of trade union rights and collective bargaining in groundhandling services, in order to ensure that there is adequate social protection for the staff recruited to provide these services;

Amendment 70 #

Minodora CLIVETI

Proposal for a regulation
Article 12 – paragraph 10 c (new)

10 c. As a cushion against any harmful effects of liberalisation in the groundhandling sector, binding minimum service quality standards need to be defined and enforced by airport managing authorities in the interest of safe, reliable and efficient operations;

Amendment 71 #

Proposal for a regulation
Article 20 – paragraph 1

Amendment 72 #

Proposal for a regulation
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 73 #

Proposal for a regulation
Article 20 – paragraph 1

Amendment 74 #

Proposal for a regulation
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. Where European minimum standards are developed as recommendations for education and training, Member States should use these as a guide in order to ensure the highest possible safety standards throughout Europe.

Amendment 75 #

Proposal for a regulation
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. By means of appropriate measures, supervisory authorities in the Member States shall check compliance with training standards. If the relevant authorities in a Member State find that training standards have not been complied with, the continued provision of services by suppliers of groundhandling services and self-handling airport users shall be blocked until the required standards are achieved.

Amendment 76 #

Proposal for a regulation
Article 34 – paragraph 1

1. Suppliers of groundhandling services and self-handling airport users ~~shall ensu~~must require that all their employees involved in the provision of groundhandling services, including managing staff and supervisors, regularly attend specific and recurrent training, harmonised at European level, to enable them to perform those tasks assigned to them

Amendment 77 #

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS, Andrea COZZOLINO

Proposal for a regulation
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~~attend at least two days of initial training when taking up a new job, and subsequent specific and recurrent training to enable them to perform the tasks assigned to them. This training must meet minimum European standards and be relevant to the specific tasks to which the employee is assigned.

Amendment 78 #

Proposal for a regulation
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 79 #

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

Amendment 80 #

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~~basic theoretical and practical education and specific training relevant for the ~~tasks~~ assigned t~~o the employee~~asks. Every employee shall attend ~~the~~ relevant training ~~when~~before taking up a new job or ~~when a new task is assigned to~~starting 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 81 #

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~~theoretical and practical basic training, as well as training relevant for the tasks assigned to the employee. The scope and minimum duration of such training shall be determined by the relevant authorities in Member States, in cooperation with the given operators in the groundhandling services sector. Every employee shall attend the relevant training ~~when~~immediately after taking up a new job or ~~when~~after a new task is assigned to the employee, and before starting work in this field;

Amendment 82 #

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~~theoretical and practical basic training and training relevant for the tasks assigned to the employee, in relation to which the competent authorities in the Member States, together with the airport operators concerned, shall determine details for the location and the minimum duration. The duration of training should not be less than five days. The passing of a practical and a theoretical test shall serve to demonstrate that the relevant skills and knowledge have been acquired from the courses. The training costs shall be borne in full by the employeers. Every employee shall attend the relevant training when taking up a new job or when a new task is assigned to the employee.

Amendment 83 #

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~~theoretical and practical basic training and training relevant for the tasks assigned to the employee which the employee shall attend at regular intervals. The competent authorities in the Member States, together with the airport operators concerned, shall determine details for the location, frequency and minimum duration of this training. Every employee shall attend the relevant training when taking up a new job or when a new task is assigned to the employee.

Amendment 84 #

Proposal for a regulation
Article 34 – paragraph 2

2. Every employee involved in the provision of groundhandling services ~~shall~~must attend at least two days of theoretical and practical 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.

Amendment 85 #

Proposal for a regulation
Article 34 – paragraph 3 – introductory part

3. Where relevant for the ~~activi~~type of groundhandling services in question, training, the scope and manner of execution of which shall be determined by regulations in the individual Member States, shall cover at least:

Amendment 86 #

Proposal for a regulation
Article 34 – paragraph 3 – introductory part

3. Where relevant for the activity of groundhandling services in question, training which is harmonised at a European level and can be completed using specific tests appropriate to certain Member States shall cover, at least:

Amendment 87 #

Proposal for a regulation
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)

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 89 #

Proposal for a regulation
Article 34 – paragraph 3 – point g

(g) functional training for passenger handling, with emphasis on those passengers with special needs, in particular those with limited mobility or disabilities; including training on passenger boarding bridge training and passenger information and assistance in accordance with Regulations (EC) No 261/2004 and (EC) No 1107/2006;

Amendment 90 #

Proposal for a regulation
Article 34 – paragraph 3 – point p a (new)

(pa) measures to protect against occupational health hazards for groundhandling employees,

Amendment 91 #

Proposal for a regulation
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 significant~~the impact on the quality of groundhandling services, as well as employment and working conditions. The report shall ~~includ~~examine the following ~~set of~~ indicators and criteria ~~for a sample of airports~~:

Amendment 92 #

Jutta STEINRUCK, Alejandro CERCAS, Evelyn REGNER, Andrea COZZOLINO

Proposal for a regulation
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

(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 94 #

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS, Andrea COZZOLINO

Proposal for a regulation
Article 39 – paragraph 1 – point n

(n) transfer of staff, if applicable, and its impact on the protection of employees;

Amendment 95 #

Proposal for a regulation
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 #

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS, Andrea COZZOLINO

Proposal for a regulation
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

~~Without prejudice to the application of this Regulation, and subject to the other provisions of Union law, Member States may take the necess~~Member States shall ensure legally that the staff of undertakings providing third party groundhandling or self-handling services enjoy an adequate level of social protection, fair working conditions and decent living wages. No new service providers shall be approved until the required standards arye me~~asures to ensure protection of rights of workers~~t at the respective airport.

source: PE-492.654

2012/07/03 IMCO 57 amendments...

Amendment 24 #

Heide RÜHLE

Proposal for a regulation
–

The Committee on Internal Market and Consumer Protection calls on the Committee on Transport and Tourism, as the committee responsible, to propose rejection of the Commission proposal.

Amendment 25 #

Proposal for a regulation
Recital 5

(5) ~~Further gradual opening of the groundhandling market and t~~The introduction of harmonised requirements for the provision of groundhandling services are likely to 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.

Amendment 26 #

Proposal for a regulation
Recital 8

(8) Gradual opening of the market under Directive 96/67/EC has ~~already~~ produced positive results in terms of improved efficiency ~~and quality. It is therefore appropriate to proceed with further gradual opening~~but less social protection for workers. It is therefore appropriate to seek not only efficiency but labour quality and stability as well.

Amendment 27 #

Proposal for a regulation
Recital 14

(14) Airport users, including social partners, should be consulted in the selection of suppliers of groundhandling services, since they have a major interest in the quality and price of groundhandling services.

Amendment 28 #

Proposal for a regulation
Recital 17

(17) Ambiguity exists as to whether Member States may require the t~~akeov~~ransfer of staff upon a change of provider for groundhandling services to which access is limited. Discontinuity of staff ~~can have~~has a detrimental effect on the quality of groundhandling services. It is therefore appropriate to clarify the rules on t~~he takeov~~ransfer of staff beyond the application of Directive 2001/23/EC on transfers of undertakings enabling Member States to ensure adequate employment and working conditions.

Amendment 29 #

Proposal for a regulation
Recital 18

(18) In order to ensure the proper and smooth functioning of air transport operations at airports, guarantee safety and security on airport premises as well as protect the environment and ensure compliance with the applicable social provisions and rules and representative collective agreements, the provision of groundhandling services should be subject to an appropriate approval. Given that systems for approving the provision of groundhandling services currently exist in the majority of Member States but differ widely, a harmonised approval system should be introduced.

Amendment 30 #

Proposal for a regulation
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 their groundhandling services in a legal entity separate from the legal entity for infrastructure management.

Amendment 31 #

Proposal for a regulation
Recital 27 a (new)

(27a) Airports should be called to implement key performance indicators to illustrate how groundhandling services perform, leading to greater efficiency and ultimately rapid and good quality service for passengers.

Amendment 32 #

Proposal for a regulation
Recital 27 b (new)

(27b) Since one of the key objectives of groundhandling services in European airports is to improve the quality of handling for the benefit of consumers and the benefit of the airline companies, this Regulation must especially help to improve the quality of baggage handling, for example by establishing minimum quality standards for the waiting time of receiving baggage.

Amendment 33 #

Proposal for a regulation
Recital 28

(28) In a labour-intensive sector such as groundhandling, continuous staff development and training have a strong impact on service quality~~. Minimum~~ and safety. The best possible training requirements ~~should~~must therefore be set to ensure the quality of operations in terms of reliability, resilience, safety and security, and to create a level playing field among operators.

Amendment 34 #

Proposal for a regulation
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 strictly limited and the rules governing subcontracting should be clarified.

Amendment 35 #

Proposal for a regulation
Recital 29

(29) Subcontracting can 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. Subcontracting must never result in a decrease of working conditions, safety and security.

Amendment 36 #

Proposal for a regulation
Recital 31 a (new)

(31a) Since the of work of for example baggage handling services leads to the risk that those undertaking it will be worn out early in their working life, this Regulation gives Member States the possibility of introducing national legislation in order to improve these circumstances.

Amendment 37 #

Proposal for a regulation
Recital 31 b (new)

(31b) Since disabled persons often experience problems in the handling of their remedies, this Regulation shall comply with the provisions of Regulation (EC) No. 1107/2006 concerning the right of disabled persons and persons with reduced mobility when travelling by air.

Amendment 38 #

Proposal for a regulation
Recital 31 c (new)

(31c) Even though the rights of disabled persons and persons with reduced mobility when travelling by air are regulated by Regulation (EC) No. 1107/2006, this Regulation encourages an increased convergence between on the one hand the handlers of assistance to disabled persons or persons with reduced mobility and on the other hand the handlers of aid equipment of the travellers, including medical devices.

Amendment 39 #

Proposal for a regulation
Article 4 – paragraph 1

1. Each of the airports concerned shall establish a committee of representatives of airport users or of organisations representing airport users and staff and union representatives (‘Airport Users’ Committee‘).

Amendment 40 #

Proposal for a regulation
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 41 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2

However, Member States shall not limit this number to fewer than two suppliers, provided they are chosen on the basis of relevant, objective, transparent and non- discriminatory criteria, 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 42 #

Proposal for a regulation
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. or; - for airports whose annual traffic has been not less than 15 million passengers or 150 000 tonnes of freight for at least the previous three years, to fewer than four suppliers for each category of groundhandling services.

Amendment 43 #

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 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:

Amendment 44 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 1

– two suppliers of groundhandling services~~, or~~.

Amendment 45 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 1

– two suppliers of groundhandling services~~, or~~.

Amendment 46 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 2

~~– three suppliers of groundhandling services 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.~~deleted

Amendment 47 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 2

Amendment 48 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 2

– three suppliers of groundhandling services 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., or

Amendment 49 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 2 a (new)

- four suppliers of groundhandling services for airports whose annual traffic has been not less than 15 million passengers or 150 000 tonnes of freight for at least the previous three years.

Amendment 50 #

Proposal for a regulation
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 representative collective agreements, rules of conduct at the airport and quality requirements at the airport.

Amendment 51 #

Proposal for a regulation
Article 9 – paragraph 3 – point b

(b) level of quality of operations as assessed on the basis of a representative flight schedule including, where relevant, efficient use of staff and equipment, last acceptance of baggage and cargo, delivery times for baggage and cargo, ability to ensure secure and responsible handling of luggage and equipment and maximum turnaround times;

Amendment 52 #

Proposal for a regulation
Article 9 – paragraph 3 – point d

(d) adequateness of human resources in terms of workers' experience and adequateness of training/qualification programme; adequateness of employment and working conditions (safeguarding social conditions of staff transferred and commitment to apply representative collective labour agreements)

Amendment 53 #

Proposal for a regulation
Article 9 – paragraph 3 – point d

(d) adequateness of human resources in terms of workers' experience and reliability and adequateness of training/qualification programme;

Amendment 54 #

Proposal for a regulation
Article 9 – paragraph 3 – point g a (new)

(ga) innovative performance.

Amendment 55 #

Proposal for a regulation
Article 9 – paragraph 3 a (new)

3a. provision of fair conditions for its employees, in particular with respect to remuneration and working conditions

Amendment 56 #

Antonyia PARVANOVA

Proposal for a regulation
Article 10 – paragraph 4

4. Where a supplier of groundhandling services ceases its activity before the end of the period for which it was authorised, the supplier shall be replaced on the basis of the selection procedure described in Articles 7, 8, 9 and this Article. Any supplier ceasing its activity shall inform the relevant tendering authority of its intention to cease activity sufficiently in advance and at least six months in advance before it leaves the airport. Financial penalties may be imposed on the supplier if it does not inform the tendering authority ~~sufficiently~~at least six months in advance unless the supplier can demonstrate force majeure.

Amendment 57 #

Proposal for a regulation
Article 12 – title

Safeguarding of employees' rights in the event of transfer of staff ~~for services subject to market access restrictions~~

Amendment 58 #

Proposal for a regulation
Article 12 – paragraph 1

~~1. This Article applies only to groundhandling services for which the Member State concerned has limited the number of suppliers in accordance with Article 6 or 14.~~deleted

Amendment 59 #

Proposal for a regulation
Article 12 – paragraph 1

~~1. This Article applies only to groundhandling services for which the Member State concerned has limited the number of suppliers in accordance with Article 6 or 14.~~deleted

Amendment 60 #

Proposal for a regulation
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, Member States ~~may~~shall require supplier(s) of groundhandling services 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/EC .

Amendment 61 #

Proposal for a regulation
Article 12 – paragraph 6

6. Where a supplier of groundhandling services stops providing to an airport user groundhandling services which constitute a significant part of the groundhandling activities of this supplier in cases not covered by paragraph (2), or where a self- handling airport user decides to stop self- handling, Member States ~~may~~shall require the supplier(s) of groundhandling services or self-handling airport user which subsequently provide these groundhandling 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/EC.

Amendment 62 #

Proposal for a regulation
Article 12 – paragraph 7

7. Member States shall limit the requirement in paragraph (6) to the employees of the previous supplier who are involved in the provision of groundhandling services that the previous supplier stops providing, and who ~~voluntarily~~agree to accept to be taken on by the new supplier(s) or self-handling airport user.

Amendment 63 #

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,~~ is so constrained that it makes it 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:

Amendment 64 #

Proposal for a regulation
Article 14 – paragraph 1 – point c

(c) to limit to ~~one or~~ two suppliers one or more of the categories of groundhandling services referred to in Article 6 (2) for airports whose annual traffic is not less than 5 million passengers or 100 000 tonnes of freight, whereby ~~in the case of a limitation to two suppliers~~ Article 6 (3) shall apply;

Amendment 65 #

Proposal for a regulation
Article 14 – paragraph 1 – point c a (new)

(ca) to limit to three suppliers one or more of the categories of groundhandling services referred to in Article 6 (2) for airports whose annual traffic is not less than 15 million passengers or 150 000 tonnes of freight, whereby Article 6 (3) shall apply;

Amendment 66 #

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. Staff and union representatives shall on their request be present at these meetings as observers. The managing body of the airport shall make a record of that meeting which shall be sent to the Commission at its request.

Amendment 67 #

Proposal for a regulation
Article 18 – paragraph 3

3. For the purposes of the assessment referred to in paragraph (1), each applicant shall submit its audited accounts for the two previous financial years. The approving authority shall lay down the format of the documentation to be submitted.

Amendment 68 #

Proposal for a regulation
Article 20 – paragraph 1

An undertaking applying for an approval shall, in accordance with Union wide established certification standards, demonstrate that its employees have the qualification, professional experience and length of service necessary for the performance of the activity it applies for.

Amendment 69 #

Proposal for a regulation
Article 21 – paragraph 1 – point d

(d) qualification requirements for personnel ~~as well as~~ corresponding training requirements and training plan;, and producers to prevent accidents and injuries.

Amendment 70 #

Antonyia PARVANOVA

Proposal for a regulation
Article 28 – paragraph 7

7. If a decision on the levels of fees is brought before the independent supervisory authority in line with paragraph (6) of this Article, ~~the procedure laid down in Article 6 of Directive 2009/12/EC shall apply~~it shall not take effect until the independent supervisory authority has examined the matter. If the independent supervisory authority agrees with the decision by the managing body of the airport, or, where relevant, the managing body of the centralised infrastructure, on the level of ground-handling fees, then the fees may be recouped from the time the initial decision was made.

Amendment 71 #

Proposal for a regulation
Article 29

~~[...]~~deleted

Amendment 72 #

Andreas SCHWAB

Proposal for a regulation
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. An independent body should be appointed as the ground coordinator.

Amendment 73 #

Antonyia PARVANOVA

Proposal for a regulation
Article 32 – paragraph 3 a (new)

3a. If this does not ensure compliance with the minimum quality standards, the public authority or any other managing body of the airport shall be empowered to adopt measures to enforce the minimum quality standards. The adopted measures shall be fair, transparent, proportionate and non-discriminatory.

Amendment 74 #

Proposal for a regulation
Article 32 – paragraph 4

4. The minimum quality standards shall ~~cover~~with the aim of especially increasing the service for passengers, in particular cover 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 and EC (No) 1107/2006 of the European Parliament and of the Council , CDM, safety, security, contingency measures, and the environment.

Amendment 75 #

Proposal for a regulation
Article 32 – paragraph 4

4. The minimum quality standards shall cover in particular the following fields: operational performance, in particular as regards delivery times for and secure and responsible handling of luggage and equipment, 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 and EC (No) 1107/2006 of the European Parliament and of the Council , CDM, safety, security, contingency measures, and the environment.

Amendment 76 #

Proposal for a regulation
Article 35 – paragraph 1

1. Without prejudice to paragraphs (2), (3) and (4), only suppliers of groundhandling services may engage in subcontracting.

Amendment 77 #

Proposal for a regulation
Article 35 – paragraph 5 a (new)

5a. Any supplier of groundhandling services and self-handling airport user using one or more subcontractors shall remain financially liable for the subcontracting.

Amendment 78 #

Proposal for a regulation
Article 35 – paragraph 7

7. Where a supplier of groundhandling services applies for an authorisation to provide groundhandling services under the selection procedure laid down in Article 7, it shall indicate the number, activities and names of the subcontractors it intends to use.deleted

Amendment 79 #

Proposal for a regulation
Article 40 – paragraph 1

Without prejudice to the application of this Regulation, and subject to the other provisions of Union law, Member States ~~may~~shall take the necessary measures to ensure protection of rights of workers beyond the application of the provisions set out in this Regulation.

Amendment 80 #

Proposal for a regulation
Annex 1 – point 2

2. Passenger handling comprises any kind of information and assistance -including those provided in the framework of the relevant EU legislation on passenger rights- to arriving, departing, transfer or transit passengers, including checking tickets and travel documents, registering baggage, establishing that the baggage belongs to the passenger concerned, for example by means of electronic verification, and carrying it to the sorting area.

source: PE-491.335

2012/10/10 TRAN 493 amendments...

Amendment 100 #

Proposal for a regulation
Recital 29

(29) Subcontracting increases flexibility for suppliers of groundhandling services~~. Nevertheless~~ but also uncertainty both for airport users and for workers. Moreover, 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~~strictly assessed by the contracting authority.

Amendment 101 #

Proposal for a regulation
Recital 31

(31) Member States should retain the power to ensure an adequate level of social protection for the staff of undertakings providing groundhandling services, the primary consideration here being the observance of collective agreements and statutory labour and social provisions.

Amendment 102 #

Ádám KÓSA, Erik BÁNKI

Proposal for a regulation
Recital 31 a (new)

(31 a) Since disabled persons often experience unjustified discrimination in the handling of their remedies, this Regulation shall comply with the provisions of Regulation (EC) No. 1107/2006 concerning the right of disabled persons and persons with reduced mobility when travelling by air.

Amendment 103 #

Ádám KÓSA, Erik BÁNKI

Proposal for a regulation
Recital 31 b (new)

(31 b) Even though the rights of disabled persons and persons with reduced mobility when travelling by air are regulated by Regulation (EC) No. 1107/2006, this Regulation encourages an increased convergence between on the one hand the handlers of assistance to disabled persons or persons with reduced mobility and on the other hand the handlers of aid equipment of the travellers, including medical devices.

Amendment 104 #

Ádám KÓSA, Erik BÁNKI

Proposal for a regulation
Recital 31 c (new)

(31 c) In view of the progress that has been made in the area of passenger rights, the objectives of and solutions proposed by Directive 2001/85/EC relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver’s seat must be taken into account in order to prevent discrimination against passengers with disabilities.

Amendment 105 #

Proposal for a regulation
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 106 #

Proposal for a regulation
Recital 38 a (new)

(38a) Given the importance of safety, professional qualifications and training, compliance with quality standards and, in particular, the operational performance of groundhandling staff, Member States should make provision for sanctions for infringements of this regulation. The sanctions should be effective and proportional and serve as a deterrent.

Amendment 107 #

Proposal for a regulation
Recital 39 a (new)

(39a) The documentation supplied by airlines to passengers should clearly indicate the groundhandling services supplier for the air route in question.

Amendment 108 #

Proposal for a regulation
Recital 39 b (new)

(39b) Groundhandling services suppliers have a duty to provide information points for passengers whose baggage is lost or missing.

Amendment 109 #

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

Amendment 110 #

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

Amendment 111 #

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

- For integrators, self-handling shall extend to groundhandling services performed for all aircraft dedicated to its transport network, whether owned or leased and whether operated by an air carrier owned by the integrator or by third parties. For the purposes of this section, the undertaking providing the groundhandling services need not be an airport user but must be affiliated with the integrator.

Amendment 112 #

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

Amendment 113 #

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

- or they belong to the same alliance ;

Amendment 114 #

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

- both airport users belong to the same group;

Amendment 115 #

Proposal for a regulation
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 116 #

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

(ea) Logistics companies offering a door- to-door express service are free to supply groundhandling services or to entrust such services to the airlines within their logistics network. Whether the aircraft in question belong to or are leased by the logistics company, or whether they belong to an independent airline or a third party, is immaterial in this regard.

Amendment 117 #

Proposal for a regulation
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 118 #

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) ‘centralised infrastructure’ means specific 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 at an airport ;

Amendment 119 #

Proposal for a regulation
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 120 #

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) '‘centralised infrastructure' means specific installations and/or facilities at an airport and all fuelling services and infrastructures 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 121 #

Philippe DE BACKER, Ramon TREMOSA i BALCELLS, Phil BENNION

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

- "integrator" means an undertaking that offers door-to-door transport, being a contractually governed service guaranteeing the transportation of freight and/or mail from origin until final destination and where the transport operations, groundhandling, sorting and delivery services form an integral and seamless part of that service.

Amendment 122 #

Saïd EL KHADRAOUI

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

(j a) 'integrator' means an undertaking that offers door-to-door transport, being a contractually governed service guaranteeing the transportation of freight and/or mail from origin until final destination and where the transport operations, groundhandling, sorting and delivery services form an integral and seamless part of that service.

Amendment 123 #

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

Amendment 124 #

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

(j a) "integrator" means an undertaking that offers door-to-door transport, being a contractually governed service guaranteeing the transportation of freight and/or mail from origin until final destination and where the transport operations, groundhandling, sorting and delivery services form an integral and seamless part of that service.

Amendment 125 #

Proposal for a regulation
Article 4 – paragraph 1

1. E~~ach of the airports concerned~~very 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 126 #

Proposal for a regulation
Article 4 – paragraph 1

1. Each of the airports concerned shall establish a committee of representatives of airport users or of organisations representing airport users ('‘Airport Users'’ Committee'’). Involvement of the social partners in this user network shall be compulsory.

Amendment 127 #

Jim HIGGINS, Christine DE VEYRAC

Proposal for a regulation
Article 4 – paragraph 1

1. Each of the airports concerned shall establish a committee of representatives of airport users or of organisations representing airport users (‘Airport Users’ Committee‘) as well as representatives of the airports and the staff.

Amendment 128 #

Proposal for a regulation
Article 4 – paragraph 1

1. EAt the airport's users' request, each of the airports concerned shall establish a committee of representatives of airport users or of organisations representing airport users (‘Airport Users’ Committee‘).

Amendment 129 #

Proposal for a regulation
Article 4 – paragraph 2

2. All airport users shall have the right to participate in the work of the Airport Users' Committee, or, if they so wish, to be represented on it by an organisation designated to that effect. ~~However, if they are represented by such an organisation, this organisation shall not provide groundhandling services at the concerned airport.~~

Amendment 130 #

Proposal for a regulation
Article 4 – paragraph 4

4. The weighting of votes within the Airport Users' Committee shall be such that: (a) irrespective of the annual traffic volume carried by a single airport user at an airport, its voting power shall not exceed 49 % of the totality of the votes; (b) the voting power of self-handling airport users shall not exceed one third of the totality of the votes.deleted

Amendment 131 #

Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1

The managing body of the airport shall provide, at the users request, the secretariat of the Airport Users' Committee.

Amendment 132 #

Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1

The managing body of the airport shall provide, at the users' request, the secretariat of the Airport Users' Committee. If the managing body of the airport refuses to do so or if the Airport Users' Committee does not accept this, the managing body of the airport shall designate another entity which has to be accepted by the Airport Users' Committee. The secretariat of the Airport Users' Committee shall keep and maintain the list of airport users or their representatives that are part of the Airport Users' Committee. Any possible costs linked to the provision of the secretariat can be recovered from airport users.

Amendment 133 #

Proposal for a regulation
Article 4 – paragraph 6 a (new)

6 a. Where this Regulation provides that the Airport Users' Committee should be consulted, the managing body of the airport, or where relevant the tendering authority, shall notify the Airport Users' Committee and provide it with the proposed decisions and all necessary information no later than six weeks before a final decision is taken. In case of disagreement between the managing body of the airport and the Airport Users' Committee, or where relevant the tendering authority, and without prejudice to Article 41 of this Regulation, the managing body of the airport, or where relevant the tendering authority, shall justify its final decision with regard to the views of the Airport Users' Committee.

Amendment 134 #

Proposal for a regulation
Article 4 – paragraph 6 a (new)

6a. The Airport Users’ Committee must be allowed a reasonable timeframe to deliver its opinion in the consultation processes in which it is involved under this Regulation. The airport managing body must substantiate any decision it takes at the end of a consultation process.

Amendment 135 #

Proposal for a regulation
Article 4 – paragraph 6 a (new)

Amendment 136 #

Proposal for a regulation
Article 5 – paragraph 1

~~All airport use~~Users of any airport with an annual traffic of not less than 2 million passenger movements or 50 000 tonnes of freight for at least the previous three years shall be free to self- handle.

Amendment 137 #

Proposal for a regulation
Article 5 – paragraph 1

All airport users shall be free to self- handle in compliance with the quality and security standards laid down in this Regulation.

Amendment 138 #

Proposal for a regulation
Article 5 – paragraph 1

All airport users shall be free to self- handle only if the choice of the groundhandling suppliers is not sufficient to meet the airport users' requirements and, provided that social dimension provisions are fulfilled.

Amendment 139 #

Proposal for a regulation
Article 5 – paragraph 1

A~~ll 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 140 #

Carlo FIDANZA, Salvatore TATARELLA

Proposal for a regulation
Article 5 – paragraph 1

~~All airport users shall be free to self- handle~~Users of any airport with an annual traffic of not less than 2 million passenger movements or 50 000 tonnes of freight for at least the previous three years shall be free to self-handle. 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 141 #

Proposal for a regulation
Article 5 – paragraph 1

1. All airport users shall be ~~free to self- handle~~allowed to self-handle. 2. Without prejudice to paragraph 1, and for the following categories of service: baggage handling, ramp handling, fuel and oil handling, handling and processing of incoming, outgoing and transit freight and mail between airport buildings and aircraft, Member States may limit the number of self-handling users at any one airport. However, at airports whose annual traffic is not less than one million passengers, Member States may reserve the right of self-handling, for not less than two users, provided that these are chosen on the basis of relevant, objective, transparent and non-discriminatory criteria.

Amendment 142 #

Proposal for a regulation
Article 5 – paragraph 1

All airport users ~~shall be free to self- handle~~at airports of less the two million passengers or 50.000 tons freight a year shall be free to self-handle the following services: baggage handling, ramp handling, fuel and oil handling, freight and mail handling. Member States shall reserve the right to self-handle to not less than two airport users.

Amendment 143 #

Proposal for a regulation
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 144 #

Philippe DE BACKER, Ramon TREMOSA i BALCELLS, Phil BENNION

Proposal for a regulation
Article 5 – paragraph 1 a (new)

2. Without prejudice to paragraph 1, for the following categories of groundhandling services: - baggage handling; - ramp handling; - fuel and oil handling, - 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 restrict self-handling operations at the airport.

Amendment 145 #

Saïd EL KHADRAOUI

Proposal for a regulation
Article 5 – paragraph 1 a (new)

For integrators, self-handling shall be possible for groundhandling services performed for all aircraft in the integrators' transport network, whether owned or leased and whether operated by an air carrier owned by the integrator or by third parties. The undertaking providing the groundhandling services in this regard does not have to be an airport user, but shall be affiliated with the integrator.

Amendment 146 #

Proposal for a regulation
Article 5 – paragraph 1 a (new)

For integrators, self-handling should be possible for groundhandling services performed for all aircraft in the integrators' transport network, whether owned of leased and whether operated by an air carrier owned by the integrator or by third parties. The undertaking providing the groundhandling services in this regard does not have to be an airport user, but shall be affiliated with the integrator

Amendment 147 #

Proposal for a regulation
Article 6 – paragraph 1

1. Suppliers of groundhandling services shall have free access to the market for the provision of groundhandling services to third parties onat any airport whose annual traffic has been not less than 25 million passenger movements or 5100 000 tonnes of freight for at least the previous three years.

Amendment 148 #

Proposal for a regulation
Article 6 – paragraph 1

1. Suppliers of groundhandling services shall have free access to the market for the provision of groundhandling services to third parties on any airport whose annual traffic has been not less than 25 million passenger movements or 5100 000 tonnes of freight for at least the previous three years.

Amendment 149 #

Artur ZASADA

Proposal for a regulation
Article 6 – paragraph 1

1. Suppliers of groundhandling services established on European Union territory or in European Free Trade Association countries shall have free access to the market for the provision of groundhandling services to third parties on any airport whose annual traffic has been not less than 2 million passenger movements or 50 000 tonnes of freight for at least the previous three years.

Amendment 150 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – introductory part

For airports as referred to in paragraph (1) Member States may, in the light of local circumstances, limit the number of suppliers authorised to provide the following categories of groundhandling services :

Amendment 151 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2

Amendment 152 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2

Amendment 153 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2

Amendment 154 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2

Amendment 155 #

Knut FLECKENSTEIN, Jörg LEICHTFRIED, Petra KAMMEREVERT, Saïd EL KHADRAOUI

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2

Amendment 156 #

Luis de GRANDES PASCUAL

Proposal for a regulation
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 510 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 157 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2

Amendment 158 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2

Amendment 159 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2

Amendment 160 #

Christine DE VEYRAC, Dominique VLASTO, Michel DANTIN

Proposal for a regulation
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~~if 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 161 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. The limitations set out in paragraph 2 may differ between terminals at the same airport, provided they are not applied in a discriminatory manner, that they do not distort competition, that they comply with this Regulation and that the minimum number of suppliers at each terminal remains the same.

Amendment 162 #

Proposal for a regulation
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 163 #

Knut FLECKENSTEIN, Jörg LEICHTFRIED, Petra KAMMEREVERT, Saïd EL KHADRAOUI

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – introductory part

Amendment 164 #

Proposal for a regulation
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 165 #

Proposal for a regulation
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 #

Knut FLECKENSTEIN, Jörg LEICHTFRIED, Petra KAMMEREVERT, Saïd EL KHADRAOUI

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

Amendment 167 #

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

Amendment 168 #

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:

Amendment 169 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 1

~~– two suppliers of groundhandling services, or~~deleted

Amendment 170 #

Knut FLECKENSTEIN, Jörg LEICHTFRIED, Petra KAMMEREVERT, Saïd EL KHADRAOUI

Proposal for a regulation
Article 6 – paragraph 4 – indent 1

~~– two suppliers of groundhandling services, or~~deleted

Amendment 171 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 1

~~– two suppliers of groundhandling services, or~~deleted

Amendment 172 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 2

Amendment 173 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 2

~~three suppliers of groundhandling services 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.~~deleted

Amendment 174 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 2

Amendment 175 #

Knut FLECKENSTEIN, Jörg LEICHTFRIED, Petra KAMMEREVERT, Saïd EL KHADRAOUI

Proposal for a regulation
Article 6 – paragraph 4 – indent 2

Amendment 176 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 2

Amendment 177 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 2

Amendment 178 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 2

three suppliers of groundhandling services 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., or

Amendment 179 #

Proposal for a regulation
Article 6 – paragraph 4 – indent 2 a (new)

- four suppliers of groundhandling services for airports whose annual traffic has been not less than 35 million passengers or 350 000 tonnes of freight for at least the previous three years.

Amendment 180 #

Proposal for a regulation
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.deleted

Amendment 181 #

Knut FLECKENSTEIN, Petra KAMMEREVERT

Proposal for a regulation
Article 6 – paragraph 5

Amendment 182 #

Proposal for a regulation
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 183 #

Proposal for a regulation
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 184 #

Proposal for a regulation
Article 6 – paragraph 6

6. Any airport whose annual traffic has been not less than 2 million passenger movements or 50 000 tonnes of freight for at least three consecutive years and whose annual traffic subsequently passes under the threshold of 2 million passenger movements or 50 000 tonnes of freight shall maintain its market open to third- party handling suppliers during at least the first three years following the year it passed under the threshold.deleted

Amendment 185 #

Proposal for a regulation
Article 6 – paragraph 6

6. Any airport whose annual traffic has been not less than 25 million passenger movements or 5100 000 tonnes of freight for at least three consecutive years and whose annual traffic subsequently passes under the threshold of 2 million passenger movements or 50 000 tonnes of freight shall maintain its market open to third- party handling suppliers during at least ~~the first thre~~one years following the year it passed under the threshold.

Amendment 186 #

Proposal for a regulation
Article 6 – paragraph 6

6. Any airport whose annual traffic has been not less than 25 million passenger movements or 5100 000 tonnes of freight for at least three consecutive years and whose annual traffic subsequently passes under the threshold of 25 million passenger movements or 5100 000 tonnes of freight shall maintain its market open to third- party handling suppliers during at least the first three years following the year it passed under the threshold.

Amendment 187 #

Proposal for a regulation
Article 6 – paragraph 7

7. Any airport whose annual traffic has been for three consecutive years not less than 5 million passenger movements or 100 000 tonnes of freight and whose annual traffic passes under the threshold of 5 million passenger movements or 100 000 tonnes of freight shall maintain its market open to third-party handling suppliers during at least the first three years following the year it passed under the threshold.deleted

Amendment 188 #

Proposal for a regulation
Article 6 – paragraph 7

Amendment 189 #

Proposal for a regulation
Article 6 – paragraph 7

Amendment 190 #

Knut FLECKENSTEIN, Jörg LEICHTFRIED, Petra KAMMEREVERT

Proposal for a regulation
Article 6 – paragraph 7

Amendment 191 #

Proposal for a regulation
Article 6 – paragraph 7

Amendment 192 #

Proposal for a regulation
Article 6 – paragraph 7

7. Any airport whose annual traffic has been for three consecutive years not less than 510 million passenger movements or 1200 000 tonnes of freight and whose annual traffic passes under the threshold of 510 million passenger movements or 1200 000 tonnes of freight shall maintain its market open to third-party handling suppliers during at least the first three years following the year it passed under the threshold.

Amendment 193 #

Proposal for a regulation
Article 6 – paragraph 7 a (new)

7a. It is the responsibility of the Member States to decide on the gradual removal of limits on the number of service providers and on the duration of the suspension period to be requested.

Amendment 194 #

Proposal for a regulation
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. The tendering authority shall have the power to require that suppliers of groundhandling services are obliged to offer one or more bundled categories of groundhandling services referred to in Article 6(2). The managing body shall be authorised to make the corresponding application for bundling to the tendering authority.

Amendment 195 #

Proposal for a regulation
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 196 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) in all other cases, a competent authority fully independent of the managing body of the airport and of any other company with direct or indirect control or providing groundhandling services.

Amendment 197 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) in all other cases, a competent authority fully independent of the managing body of the airport and of any other stakeholder with commercial interests in the activities of the airport.

Amendment 198 #

Proposal for a regulation
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 199 #

Proposal for a regulation
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 200 #

Proposal for a regulation
Article 8 – paragraph 2 – point a

(a) the applicant has a valid approval ~~issued in accordance with chapter IV on Approval Procedures;~~for all services offered at an airport.

Amendment 201 #

Proposal for a regulation
Article 8 – paragraph 2 – point a a (new)

(aa) the applicant meets the requirements of Articles 34 and 40;

Amendment 202 #

Proposal for a regulation
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 203 #

Proposal for a regulation
Article 8 – paragraph 2 – point b

Amendment 204 #

Proposal for a regulation
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 205 #

Proposal for a regulation
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 206 #

Proposal for a regulation
Article 9 – paragraph 2

2. The selection of the supplier for the award of the authorisation shall be based on comparison of the applicants' submissions against a list of award criteria. The award criteria shall be relevant, objective, transparent and non- discriminatory. The tendering authority shall establish the award criteria ~~after consulting~~in agreement with 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

3. The following award criteria ~~shall include the following~~may 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 208 #

Proposal for a regulation
Article 9 – paragraph 3 – introductory part

3. The award criteria ~~shall~~may include the following:

Amendment 209 #

Proposal for a regulation
Article 9 – paragraph 3 – point a

(a) consistency and plausibility of the business plan as assessed onfor the ~~basis of model costs calculation~~first three years;

Amendment 210 #

Proposal for a regulation
Article 9 – paragraph 3 – point b

(b) level of quality of operations as assessed on the basis of a representative flight schedule including, where relevant, efficient use of ~~staff and~~ equipment, last acceptance of baggage and cargo, delivery times for baggage and cargo and maximum turnaround times;

Amendment 211 #

Jutta STEINRUCK, Knut FLECKENSTEIN, Andrea COZZOLINO, Saïd EL KHADRAOUI

Proposal for a regulation
Article 9 – paragraph 3 – point c

(c) adequateness of material resources in terms of availability ~~of equipment and~~, environmental friendliness and good working order of equipment;

Amendment 212 #

Proposal for a regulation
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 213 #

Proposal for a regulation
Article 9 – paragraph 3 – point d

(d) adequateness of ~~human resources in terms of workers' experience and adequateness of training/qualification programme~~employment and working conditions including the safeguarding of employees' rights in case of staff transfers upon a change of provider for groundhandling services leading to the application of the Directive 2001/23/EC, according to the Article 12, and a commitment to apply the representative collective labour agreements;

Amendment 214 #

Christine DE VEYRAC, Jim HIGGINS, Dominique VLASTO, Michel DANTIN

Proposal for a regulation
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 215 #

Proposal for a regulation
Article 9 – paragraph 3 – point f a (new)

(fa) procedures and safeguards established to ensure compliance with safety and security requirements;

Amendment 216 #

Proposal for a regulation
Article 9 – paragraph 3 – point g a (new)

(g a) successful completion of an industry recognised safety audit;

Amendment 217 #

Proposal for a regulation
Article 9 – paragraph 3 – point g a (new)

(ga) an internationally-recognised audit attesting to the sound environmental performance of the supplier.

Amendment 218 #

Proposal for a regulation
Article 9 – paragraph 3 – point g a (new)

(ga) compliance with social standards, as assessed by the conditions for workers, especially wages and working conditions.

Amendment 219 #

Proposal for a regulation
Article 9 – paragraph 3 – point g b (new)

(g b) proposed level of groundhandling charges.

Amendment 220 #

Proposal for a regulation
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 221 #

Proposal for a regulation
Article 10 – paragraph 2

2. A supplier of groundhandling services shall begin to provide services within one month from the start date indicated in the invitation to tender. The tendering authority may, in duly justified cases, at the request of the supplier of groundhandling services and after consulting the Airport Users' Committee, prolong this period for a maximum of ~~six months. After expiry of this period, the authorisation will cease to be valid~~five months. If, after six months from the start date indicated in the invitation to tender, the supplier has not started its activities and cannot demonstrate its willingness to do so, the tendering authority may decide that the authorisation will cease to be valid. In such cases, Member States may impose financial penalties on suppliers of groundhandling services and instead grant authorisation to suppliers ranked second in terms of the number of points under Article 9(5).

Amendment 222 #

Gesine MEISSNER

Proposal for a regulation
Article 10 – paragraph 3

3. The tendering authority shall anticipate the end of the authorisation period and shall ensure that any supplier selected after a new invitation to tender is authorised to start its operations the day following the last day of the authorisation period of the previously selected supplier(s). If the newly selected supplier is unable to start operations because the decision by the tendering authority is not final, the tendering authority shall, on its own initiative, extend the previously selected supplier's concession until its decision enters into legal force. The owner of the previous concession shall be legally obliged to continue operations up to this point in time.

Amendment 223 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2

If the Member State does not succeed in finding a supplier of groundhandling services for this limited period of time, the Member State shall regulate the prices of those groundhandling services for which a temporary monopoly exists until a further supplier starts providing these groundhandling services at the airport.deleted

Amendment 224 #

Christine DE VEYRAC, Dominique VLASTO, Michel DANTIN

Proposal for a regulation
Article 11

Article 11 Managing body of the airport as supplier of groundhandling services 1. Where the number of suppliers of groundhandling services is limited in accordance with Article 6, the managing body of the airport may itself provide groundhandling services without being subject to the selection procedure laid down in Articles 7 to 10. Similarly, it may, without following this procedure, authorise an undertaking to provide groundhandling services at the airport concerned: (a) if it controls that undertaking directly or indirectly; (b) if the undertaking controls it directly or indirectly. 2. Where a managing body of the airport supplying groundhandling services in accordance with paragraph (1) no longer meets the conditions of paragraph (1), this supplier may continue to provide groundhandling services for a period of five years without being subject to the selection procedure laid down in Articles 7 to 10. At the end of this five-year period, the supplier shall inform the relevant tendering authority sufficiently in advance and at least six months before the expiry of the five-year period. Financial penalties may be imposed on the supplier if it does not inform the tendering authority sufficiently in advance unless the supplier can demonstrate force majeure. If the supplier ceases its activity before the end of the five-year period, Articles 10 (4) and 10 (5) shall apply.deleted

Amendment 225 #

Proposal for a regulation
Article 11 – paragraph 1 – point b a (new)

(ba) if the undertaking satisfies the criteria set out in Chapter IV concerning approval procedures.

Amendment 226 #

Proposal for a regulation
Article 11 – paragraph 2

2. Where a managing body of the airport supplying groundhandling services in accordance with paragraph (1) no longer meets the conditions of paragraph (1), this supplier may continue to provide groundhandling services for a period of ~~fiv~~three years without being subject to the selection procedure laid down in Articles 7 to 10. At the end of this ~~fiv~~three-year period, the supplier shall inform the relevant tendering authority sufficiently in advance and at least six months before the expiry of the five-year period. Financial penalties may be imposed on the supplier if it does not inform the tendering authority sufficiently in advance unless the supplier can demonstrate force majeure. If the supplier ceases its activity before the end of the ~~fiv~~three-year period, Articles 10 (4) and 10 (5) shall apply.

Amendment 227 #

Proposal for a regulation
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, Member States ~~may~~shall require supplier(s) of groundhandling services 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/EC.

Amendment 228 #

Carlo FIDANZA, Salvatore TATARELLA

Proposal for a regulation
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, Member States ~~may~~shall require supplier(s) of groundhandling services 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/EC.

Amendment 229 #

Proposal for a regulation
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, Member States mayust require supplier(s) of groundhandling services 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/EC.

Amendment 230 #

Carlo FIDANZA, Salvatore TATARELLA

Proposal for a regulation
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, Member States ~~may~~shall require supplier(s) of groundhandling services 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/EC.

Amendment 231 #

Proposal for a regulation
Article 12 – paragraph 5

5. WThe~~re a Member State imposes a requirement as referred to in paragraph (2),~~ tender 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.

Amendment 232 #

Proposal for a regulation
Article 12 – paragraph 5

Amendment 233 #

Proposal for a regulation
Article 12 – paragraph 6

6. Where a supplier of groundhandling services stops providing to an airport user groundhandling services which constitute a significant part of the groundhandling activities of this supplier in cases not covered by paragraph (2), or where a self- handling airport user decides to stop self- handling, Member States ~~may~~shall require the supplier(s) of groundhandling services or self-handling airport user which subsequently provide these groundhandling 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/EC.

Amendment 234 #

Proposal for a regulation
Article 12 – paragraph 6

6. Where a supplier of groundhandling services stops providing to an airport user groundhandling services which constitute a significant part of the groundhandling activities of this supplier in cases not covered by paragraph (2), or where a self- handling airport user decides to stop self- handling, Member States ~~may~~shall require the supplier(s) of groundhandling services or self-handling airport user which subsequently provide these groundhandling 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/EC.

Amendment 235 #

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

(a) those airports are located on islands in the same geographical region; for the purpose of this Regulation, an island is defined as a geographic land mass of less than 40 000 sq Km surrounded in its entirety by water; and

Amendment 236 #

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

Amendment 237 #

Proposal for a regulation
Article 13 – paragraph 2 a (new)

In the case of airports located on islands, where it is not in the economic interests of undertakings or airlines to supply the services under Article 6(2), airport managing bodies themselves may assume responsibility for supplying essential services in order to guarantee the smooth operation of the airport facilities.

Amendment 238 #

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:

Amendment 239 #

Proposal for a regulation
Article 14 – paragraph 1 – point a

(a) to limit ~~to not fewer than two suppliers~~ the number of suppliers for one or more categories of groundhandling services other than those referred to in Article 6 (2) in all or part of the airport, whereby Article 6 (3) shall apply;

Amendment 240 #

Proposal for a regulation
Article 14 – paragraph 1 – point b

(b) to reserve to a single supplier one or more of the categories of groundhandling services referred to in Article 6 (2) for airports whose annual traffic is not less than 25 million passengers annually or 5100 000 tonnes of freight;

Amendment 241 #

Proposal for a regulation
Article 14 – paragraph 1 – point c

(c) to limit to one or two suppliers one or more of the categories of groundhandling services referred to in Article 6 (2) for airports whose annual traffic is not less than 5 million passengers or 100 000 tonnes of freight, whereby in the case of a limitation to two suppliers Article 6 (3) shall apply;deleted

Amendment 242 #

Proposal for a regulation
Article 14 – paragraph 1 – point c

Amendment 243 #

Proposal for a regulation
Article 14 – paragraph 1 – point c

Amendment 244 #

Proposal for a regulation
Article 14 – paragraph 1 – point c

Amendment 245 #

Proposal for a regulation
Article 14 – paragraph 1 – point d

(d) to reserve self-handling as referred to in Article (5) to a limited number of airport users, provided that those users are chosen on the basis of relevant, objective, transparent and non- discriminatory criteria.deleted

Amendment 246 #

Proposal for a regulation
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 247 #

Proposal for a regulation
Article 14 – paragraph 10

10. Exemptions granted by Member States pursuant to paragraph (1) may not exceed a duration of ~~thre~~five 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 248 #

Proposal for a regulation
Article 14 – paragraph 11

11. Exemptions granted by Member States under paragraphs (1) (b) and (c) may not exceed a duration of twoen 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 249 #

Proposal for a regulation
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 250 #

Proposal for a regulation
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~~five 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 251 #

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

Amendment 252 #

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. Trade union representatives shall have the right to attend these consultations as observers.

Amendment 253 #

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.

Amendment 254 #

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. Staff and Trade Union representatives shall attend these meeting as observers.

Amendment 255 #

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.

Amendment 256 #

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.

Amendment 257 #

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.

Amendment 258 #

Jim HIGGINS, Christine DE VEYRAC

Proposal for a regulation
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, n~~No undertaking shall be permitted to provide ground-handling services whether as a supplier of ground-handling services, a subcontractor 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 259 #

Proposal for a regulation
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, n~~No undertaking shall be permitted to provide groundhandling services whether as a supplier of groundhandling services or as a self-handling user or as a sub- contractor unless it has been granted the appropriate approval. An undertaking meeting the requirements of this Chapter shall be entitled to receive an approval.

Amendment 260 #

Proposal for a regulation
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, n~~No 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 261 #

Proposal for a regulation
Article 16 – paragraph 1

1. At airports whose annual traffic has been not less than 25 million passenger movements or 5100 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 sub-contractors. An undertaking meeting the requirements of this Chapter shall be entitled to receive an approval.

Amendment 262 #

Proposal for a regulation
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, n~~No undertaking shall be permitted to provide groundhandling services whether as a supplier of groundhandling 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 263 #

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.

Amendment 264 #

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

Amendment 265 #

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

Amendment 266 #

Proposal for a regulation
Article 16 – paragraph 1

1. At airports whose annual traffic has been not less than 25 million passenger movements or 5100 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 approval.

Amendment 267 #

Proposal for a regulation
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, n~~No 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

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 approval~~Subcontractors 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 269 #

Proposal for a regulation
Article 16 – paragraph 1

Amendment 270 #

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:

Amendment 271 #

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;

Amendment 272 #

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;

Amendment 273 #

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;

Amendment 274 #

Proposal for a regulation
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 275 #

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.

Amendment 276 #

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

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

Amendment 277 #

Proposal for a regulation
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 278 #

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

Amendment 279 #

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

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

Amendment 280 #

Proposal for a regulation
Article 17 – paragraph 1 – point g a (new)

(g a) complies to the criteria of article 8 paragraph 2 b and article 9 d.

Amendment 281 #

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

Amendment 282 #

Proposal for a regulation
Article 17 – paragraph 2 a (new)

2 a. The labour and social provisions and collective agreements of the Member State in which self-handling takes place shall apply in the case of the staff of self- handling airport users.

Amendment 283 #

Proposal for a regulation
Article 17 – paragraph 3

Amendment 284 #

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. It shall also respect the provisions of labour law (rules on working time, social security, employment arrangements and the right to terminate a contract).

Amendment 285 #

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- including the criteria of article 8 paragraph 2 b and article 9 d, environmental protection and airport security of all Member States in which it operates.

Amendment 286 #

Proposal for a regulation
Article 18

~~[...]~~deleted

Amendment 287 #

Proposal for a regulation
Article 18 – paragraph 3

3. For the purposes of the assessment referred to in paragraph (1), each applicant shall submit its audited accounts for the two previous financial years. The approving authority shall establish the form in which documents are to be submitted.

Amendment 288 #

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

Amendment 289 #

Proposal for a regulation
Article 19 – paragraph 3

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

Amendment 290 #

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

Amendment 291 #

Proposal for a regulation
Article 20 – paragraph 1

Amendment 292 #

Proposal for a regulation
Article 20 – paragraph 1 – point 1 (new)

(1) The qualification to be demonstrated in accordance with paragraph 1 shall include at least three years of professional practice and a successfully completed examination. This examination shall require a demonstration of theoretical and practical knowledge.

Amendment 293 #

Proposal for a regulation
Article 20 – paragraph 1 – point 2 (new)

(2) The theoretical knowledge required for the examination pursuant to paragraph 2 shall include: - provisions of aviation law and other rules - security arrangements - accident prevention rules and environmental protection - labour and social provisions - study of aircraft

Amendment 294 #

Proposal for a regulation
Article 20 – paragraph 1 – point 3 (new)

(3) The practical knowledge required for the examination pursuant to paragraph 2 shall include: - guiding and securing aircraft - dispatching aircraft - using the equipment and vehicles required for dispatching aircraft - baggage handling - freight and mail handling

Amendment 295 #

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

Amendment 296 #

Proposal for a regulation
Article 21 – paragraph 1 – point c

Amendment 297 #

Proposal for a regulation
Article 21 – paragraph 1 – point d a (new)

(d a) procedures to prevent work-related accidents and injuries

Amendment 298 #

Proposal for a regulation
Article 21 – paragraph 1 – point e

(e) safety and quality management procedures, including procedures to prevent work-related accidents and injuries;

Amendment 299 #

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

Amendment 300 #

Proposal for a regulation
Article 22 – paragraph 2

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.

Amendment 301 #

Proposal for a regulation
Article 22 a (new)

Article 22a Point of contact at airports At airports whose annual traffic volume is more than 2 million passenger movements, any airline using the groundhandling services provided at an airport must be present at that airport, or legally represented there by a contact person able to take immediate decisions in the event of disruption, so that it can deal straightaway with a groundhandling problem which affects it or play an effective part in managing any problem relating to the provision of groundhandling services at the airport in question.

Amendment 302 #

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

Amendment 303 #

Proposal for a regulation
Article 23 – paragraph 1

1. An approval shall be valid for a period of fiseven years.

Amendment 304 #

Proposal for a regulation
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 305 #

Proposal for a regulation
Article 23 – paragraph 4 – point b

(b) at the request of an approving authority of another Member State; or

Amendment 306 #

Proposal for a regulation
Article 23 – paragraph 4 – point b a (new)

(b a) at the request of the staff and Trade Union representatives; or

Amendment 307 #

Proposal for a regulation
Article 23 – paragraph 4 – point c

Amendment 308 #

Proposal for a regulation
Article 23 – paragraph 4 – point c a (new)

(c a) on the initiative of an authority.

Amendment 309 #

Proposal for a regulation
Article 23 – paragraph 6 – point b a (new)

(b a) in case of severe contraventions of labour or safety laws as well as of representative collective agreements.

Amendment 310 #

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

Amendment 311 #

Proposal for a regulation
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 312 #

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 therefore. The trade unions and employees' representatives shall be heard before a decision on approval is taken.

Amendment 313 #

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.

Amendment 314 #

Proposal for a regulation
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 315 #

Proposal for a regulation
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 316 #

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.

Amendment 317 #

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~~.

Amendment 318 #

Proposal for a regulation
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

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 320 #

Proposal for a regulation
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 321 #

Proposal for a regulation
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 to ~~decide whether the infrastructure concerned is to be centralised or not and to what exten~~examine the grounds for the decision taken by the managing body of the airport.

Amendment 322 #

Proposal for a regulation
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 to ~~decide whether the infrastructure concerned is to be centralised or not and to what extent~~examine the justification for the decision taken by the managing body of the airport, to see whether or not the justification is valid.

Amendment 323 #

Proposal for a regulation
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 324 #

Proposal for a regulation
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 to ~~decide whether the infrastructure concerned is to be centralised or not and to what exten~~examine the justifications of the decision taken by the managing body of the airport.

Amendment 325 #

Proposal for a regulation
Article 27 – paragraph 6

6. Suppliers of groundhandling services and self-handling airport users shall have open access to airport infrastructures, centralised infrastructures and airport installations to the extent necessary to enable them to carry out their activities. The managing body of the airport or, where relevant, the managing body of the centralised infrastructure or, where appropriate, the public authority or any other body which controls the managing body of the airport or, where relevant, the managing body of the centralised infrastructure may make this access subject to conditions that are relevant, objective, transparent and non-discriminatory. This responsibility also covers the proper implementation of occupational health and safety regulations applying to all infrastructures and installations.

Amendment 326 #

Proposal for a regulation
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 327 #

Proposal for a regulation
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 of Directive 2009/12/EC shall apply.deleted

Amendment 328 #

Proposal for a regulation
Article 27 – paragraph 8

Amendment 329 #

Proposal for a regulation
Article 27 – paragraph 8

8. If a d~~ecision~~isagreement 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 and Article 11 of Directive 2009/12/EC shall apply.

Amendment 330 #

Proposal for a regulation
Article 28 – title

Fees for centralised infrastructures and installations and airport installations

Amendment 331 #

Proposal for a regulation
Article 28 – paragraph 1

1. This Article shall apply only to airports whose annual traffic has been not less than 25 million passenger movements or 5100 000 tonnes of freight at least the previous three years.

Amendment 332 #

Proposal for a regulation
Article 28 – paragraph 2

2. Where the use of the centralised infrastructures ~~or airport installations~~ is subject to a fee, the managing body of the airport or, where relevant, the managing body of the centralised infrastructure shall ensure that the level of fee is set out on the basis of relevant, objective, transparent and non- discriminatory criteria.

Amendment 333 #

Proposal for a regulation
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 334 #

Proposal for a regulation
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 335 #

Proposal for a regulation
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 336 #

Proposal for a regulation
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 337 #

Proposal for a regulation
Article 28 – paragraph 4 – point d a (new)

(da) Where use of airport installations other than those defined as centralised infrastructures gives rise to a fee, the amount thereof shall be determined on the basis of objective, transparent and non-discriminatory criteria. Member States are free to allow the managing body of the airport to apply a common and transparent charging system, as set out in Directive 2009/12/EC.

Amendment 338 #

Proposal for a regulation
Article 28 – paragraph 5

5. The managing body of the airport shall publish the levels of fees, including a detailed list of the services provided, so as to demonstrate that any fees collected for the provision of centralised infrastructures, space for groundhandling and essential services related to the provision of groundhandling services are exclusively used to recover all or part of the related costs. Where relevant, the managing body of the centralised infrastructure shall communicate the levels of fees, including a detailed list of the services provided, to the managing body of the airport.deleted

Amendment 339 #

Proposal for a regulation
Article 28 – paragraph 5

5. The managing body of the airport shall publish the levels of fees, including a detailed list of the services provided, so as to demonstrate that any fees collected for the provision of centralised infrastructures, ~~space for groundhandling and essential services related to the provision of groundhandling services~~ are exclusively used to recover all or part of the related costs. Where relevant, the managing body of the centralised infrastructure shall communicate the levels of fees, including a detailed list of the services provided, to the managing body of the airport.

Amendment 340 #

Proposal for a regulation
Article 28 – paragraph 5 a (new)

5 a. Where the use of airport installations, other than those defined as centralised infrastructure, gives rise to the collection of a fee, the latter shall be determined according to relevant, objective, transparent and non-discriminatory criteria. Member States shall remain free to allow the airport managing body of an airport network, as per the definitions of EU 2009/12/EC to apply a common, transparent charging system.

Amendment 341 #

Proposal for a regulation
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 342 #

Proposal for a regulation
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 to ~~decide o~~examine the grounds for the change in the level of the fee.

Amendment 343 #

Proposal for a regulation
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 344 #

Proposal for a regulation
Article 28 – paragraph 7

7. If a decision on the levels of fees is brought before the independent supervisory authority in line with paragraph (6) of this Article, ~~the procedure laid down in Article 6 of Directive 2009/12/EC shall apply~~it shall not take effect until the independent supervisory authority has examined the matter. If the independent supervisory authority agrees with the decision by the infrastructure's managing body on the level of ground handling fees, then the fees may be recouped from the time the initial decision was made.

Amendment 345 #

Proposal for a regulation
Article 28 – paragraph 7

7. If a d~~ecision~~isagreement 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 of Directive 2009/12/EC shall apply.

Amendment 346 #

Proposal for a regulation
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 347 #

Proposal for a regulation
Article 29

~~[...]~~deleted

Amendment 348 #

Proposal for a regulation
Article 29

~~[...]~~deleted

Amendment 349 #

Proposal for a regulation
Article 29

~~[...]~~deleted

Amendment 350 #

Proposal for a regulation
Article 29

~~[...]~~deleted

Amendment 351 #

Proposal for a regulation
Article 29 – title

~~Legal s~~Separation of accounts

Amendment 352 #

Proposal for a regulation
Article 29 – title

~~Legal s~~Separation of accounts

Amendment 353 #

Proposal for a regulation
Article 29 – title

~~Legal s~~Separation of accounts

Amendment 354 #

Proposal for a regulation
Article 29 – title

~~Legal s~~Separation of accounts

Amendment 355 #

Proposal for a regulation
Article 29 – paragraph 1

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 entity for the provision of these groundhandling activities. This entity shall be independent in terms of its legal form, its organisation and its decision-making from any entity concerned with the management of airport infrastructure where the managing body of the airport provides groundhandling services to third parties, and from any entity concerned with centralised infrastructure where the managing body of the centralised infrastructure provides groundhandling services to third parties.deleted

Amendment 356 #

Proposal for a regulation
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 entity for the provision of these groundhandling activities.deleted

Amendment 357 #

Proposal for a regulation
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 entity~~guarantee strict separation of accounts for the provision of these groundhandling activities.

Amendment 358 #

Proposal for a regulation
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~~in the European Union, the managing bodyies of the airport or the managing bodyies of the centralised infrastructure shall, if ithey provides groundhandling services for third parties, not be obliged to establish a separate legal entity for the provision of these groundhandling activities.

Amendment 359 #

Dominique RIQUET

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1

At airports whose annual traffic volume has been not less than 25 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 entity for the provision of these groundhandling activities.

Amendment 360 #

Proposal for a regulation
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 entity for the provision of these groundhandling~~have separate accounts for its activities as a groundhandling services provider and its other activities.

Amendment 361 #

Proposal for a regulation
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 entity for the provision of~~separate its accounts concerning groundhandling activities from theose ~~groundhandling~~concerning its other activities.

Amendment 362 #

Proposal for a regulation
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 entity for the provision of~~; - and other providers of groundhandling services for third parties; shall separate their accounts for theseir groundhandling activities from their accounts for any other activities they may undertake.

Amendment 363 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2

This entity shall be independent in terms of its legal form, its organisation and its decision-making from any entity concerned with the management of airport infrastructure where the managing body of the airport provides groundhandling services to third parties, and from any entity concerned with centralised infrastructure where the managing body of the centralised infrastructure provides groundhandling services to third parties.deleted

Amendment 364 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2

Amendment 365 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2

Amendment 366 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2

Amendment 367 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2

Amendment 368 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2

This entity ~~shall be independent in terms of its legal form, its organisation and its decision-making from~~'s accounts shall be separate from those of any entity concerned with the management of airport infrastructure where the managing body of the airport provides groundhandling services to third parties, and from any entity concerned with centralised infrastructure where the managing body of the centralised infrastructure provides groundhandling services to third parties.

Amendment 369 #

Luis de GRANDES PASCUAL

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2

This entity shall be ~~independent in terms of its legal form, its organisation and its decision-making from any entity concerned with~~functionally independent from the management of airport infrastructure where the managing body of the airport provides groundhandling services to third parties, and from any entity concerned with centralised infrastructure where the managing body of the centralised infrastructure provides groundhandling services to third parties. The entity is functionally independent if: – it constitutes a distinct business entity with its own accounts – it provides services for other entities on a non-discriminatory basis – it has separate management staff who are independent when it comes to decision-making, with limited possibilities for transferring between the entity concerned and the managing body of the airport

Amendment 370 #

Proposal for a regulation
Article 29 – paragraph 1 – point 1 (new)

(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.

Amendment 371 #

Proposal for a regulation
Article 29 – paragraph 1 – point 2 (new)

(2) An independent examiner appointed by the Member State must check that this separation of accounts is carried out. 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 372 #

Proposal for a regulation
Article 29 – paragraph 2

2. 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 persons responsible for the management of the airport infrastructure or the management of the centralised infrastructure may not participate directly or indirectly in the company structures of the independent entity providing groundhandling services.deleted

Amendment 373 #

Proposal for a regulation
Article 29 – paragraph 2

Amendment 374 #

Proposal for a regulation
Article 29 – paragraph 2

Amendment 375 #

Proposal for a regulation
Article 29 – paragraph 2

Amendment 376 #

Proposal for a regulation
Article 29 – paragraph 2

Amendment 377 #

Proposal for a regulation
Article 29 – paragraph 2

Amendment 378 #

Proposal for a regulation
Article 29 – paragraph 2

2. 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~~in the European Union, the persons responsible for the management of the airport infrastructure or the management of the centralised infrastructure may ~~not~~ participate directly or indirectly in the company structures of the ~~independent~~ entity providing groundhandling services.

Amendment 379 #

Dominique RIQUET

Proposal for a regulation
Article 29 – paragraph 2

2. At airports whose annual traffic volume has been not less than 25 million passenger movements or 50 000 tonnes of freight for at least the previous three years, the persons responsible for the management of the airport infrastructure or the management of the centralised infrastructure may not participate directly or indirectly in the company structures of the independent entity providing groundhandling services.

Amendment 380 #

Proposal for a regulation
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 airport infrastructure in cases where the managing body of the airport 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 prices it charges for its groundhandling services to third parties.deleted

Amendment 381 #

Proposal for a regulation
Article 29 – paragraph 3

Amendment 382 #

Proposal for a regulation
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 airport~~managing body of the airport or the managing body of the centralised infrastructure, in cases where the ~~managing body of the airport~~se 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 c~~harges for its groundhandling services to third parties~~onnection with the management of airport infrastructure.

Amendment 383 #

Proposal for a regulation
Article 29 – paragraph 3

3. The legal entity providing groundhandling services as referred to in paragraph (1) may not receive any financial cross-subsidisation from aeronautical activities related to the management of airport infrastructure separation provided for in Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports shall apply in particular in the following cases w: Where the managing body of ~~the airport~~an airport, the airport user or the supplier of groundhandling services provides groundhandling services, ~~or from aeronautical activities related to the manageme~~they must rigorously separate the accounts of their groundhandling activities from the accounts 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 prices it charges for its groundhandling services to third parties. their other activities, in accordance with current commercial practice. An independent examiner appointed by the Member State must check that this separation of accounts is carried out. 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 384 #

Proposal for a regulation
Article 29 – paragraph 3

3. The legal entityies providing groundhandling services as referred to in paragraph (1) may not receive any financial cross- subsidisation from aeronautical activities related to the management of airport infrastructure ~~in cases where the managing body of the airport 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 prices it charges for its groundhandling serviceswhich would allow them to reduce the prices for their groundhandling services if they charge the cost to third parties.

Amendment 385 #

Proposal for a regulation
Article 29 – paragraph 3

3. The legal entityies providing groundhandling services as referred to in paragraph (1) may not receive any financial cross- subsidisation from aeronautical activities related to the management of airport infrastructure ~~in cases where the managing body of the airport 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~~which would allow them to reduce the prices ithey charges for ~~its~~their groundhandling services to third parties.

Amendment 386 #

Proposal for a regulation
Article 29 – paragraph 3

3. The ~~legal entity proving groundhandling services as referred to in paragraph (1)~~managing body of the centralised infrastructure and/or the airport, as the provider of groundhandling services, may not receive any financial cross- subsidisation from aeronautical activities related to the management of airport infrastructure in cases where the managing body of the airport 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 prices it charges for its groundhandling services to third parties.

Amendment 387 #

Proposal for a regulation
Article 29 – paragraph 4

4. For the purpose of this Article 'aeronautical activities' of a managing body of the airport means any activity that the managing body of the airport carries at its respective airport out which is related to the provision of services or infrastructures to airport users, suppliers of groundhandling services in their activity of air transport, or air passengers using the airport, such as levying of airport charges, allocation of infrastructures and installations, security and safety measures at the airport. Non- aeronautical activities include real estate activities or any activities in another sector than air transport.deleted

Amendment 388 #

Proposal for a regulation
Article 29 – paragraph 4

Amendment 389 #

Proposal for a regulation
Article 29 – paragraph 4

Amendment 390 #

Proposal for a regulation
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-subsidisation has not occurred. Where the legal entity providing 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).deleted

Amendment 391 #

Proposal for a regulation
Article 29 – paragraph 5

Amendment 392 #

Proposal for a regulation
Article 29 – paragraph 5

Amendment 393 #

Proposal for a regulation
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-subsidisation~~examine the separate accounts and publicly confirm that cross-subsidisation within the meaning of paragraph (3) has not occurred. Where the ~~legal entity providing~~supplier 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 394 #

Proposal for a regulation
Article 29 – paragraph 5

5. At the close of each financial year an independent auditor shall verify the situation and publicly declare that ~~such~~no financial cross-subsidisation ~~has not~~from aeronautical activities has occurred. Where the legal entity providing 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 th~~is is~~ese subsidies do not come from aeronautical activities, in compliantce with paragraph (3).

Amendment 395 #

Proposal for a regulation
Article 29 – paragraph 5

Amendment 396 #

Proposal for a regulation
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-subsidisation from aeronautical activities has not occurred. Where the legal entity providing 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~~subsidies do not come from aeronautical activities as referred to in paragraph (3).

Amendment 397 #

Proposal for a regulation
Article 29 a (new)

Amendment 398 #

Proposal for a regulation
Article 29 a (new)

Article 29 a 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. 2. An independent auditor appointed by the Member State must check that this separation of accounts is carried out. 3. The managing body of the centralised infrastructure and/or the airport acting as a provider of third party groundhandling services may not receive any financial cross subsidisation from aeronautical activities related to the management of airport infrastructure in cases where the managing body of the airport 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 prices it charges for its groundhandling services to third parties. The auditor referred to in paragraph 2 shall also check the absence of financial flows between the activity of the managing body as airport authority and its groundhandling activity.

Amendment 399 #

Proposal for a regulation
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 and the provision of centralised infrastructure comply with the airport rules of conduct as defined in Article 31.

Amendment 400 #

Proposal for a regulation
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 and the provision of centralised infrastructure comply with the airport rules of conduct as defined in Article 31.

Amendment 401 #

Proposal for a regulation
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 402 #

Proposal for a regulation
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 and the provision of centralised infrastructure comply with the airport rules of conduct as defined in Article 31.

Amendment 403 #

Proposal for a regulation
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 both with the airport rules of conduct as defined in Article 31 and with minimum quality standards, as specified in Article 32.

Amendment 404 #

Carlo FIDANZA, Antonio CANCIAN, Salvatore TATARELLA

Proposal for a regulation
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 405 #

Proposal for a regulation
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. The managing body of the airport shall be authorised to enforce compliance with airport regulations. The measures adopted shall be transparent, proportional and non-discriminatory.

Amendment 406 #

Proposal for a regulation
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. The airport operator shall be empowered to enforce the rules of conduct. The adopted measures shall be transparent, proportionate and non-discriminatory.

Amendment 407 #

Proposal for a regulation
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 408 #

Proposal for a regulation
Article 30 – paragraph 2

2. In addition, at airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least three consecutive years: (a) the operations of suppliers of groundhandling services and self- handling airport users shall comply with minimum quality standards, as specified in Article 32; (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 plan.deleted

Amendment 409 #

Proposal for a regulation
Article 30 – paragraph 2 – introductory part

2. In addition~~, at airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least three consecutive years~~:

Amendment 410 #

Proposal for a regulation
Article 30 – paragraph 2 – introductory part

2. In addition, at airports whose annual traffic has been not less than 510 million passengers or 1200 000 tonnes of freight for at least three consecutive years:

Amendment 411 #

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

(a) the operations of suppliers of groundhandling services ~~and~~, self-handling airport users, and the provision of centralised infrastructure shall comply with minimum quality standards, as specified in Article 32;

Amendment 412 #

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

(a) the operations of suppliers of groundhandling services ~~and~~, self-handling airport users and the provision of centralised infrastructure shall comply with minimum quality standards, as specified in Article 32;

Amendment 413 #

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;

Amendment 414 #

Proposal for a regulation
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 and the provision of centralised infrastructure are coordinated through an airport Collaborative Decision Making (CDM) and through a proper contingency plan.

Amendment 415 #

Proposal for a regulation
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 416 #

Carlo FIDANZA, Antonio CANCIAN, Salvatore TATARELLA

Proposal for a regulation
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 plan~~by 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 417 #

Proposal for a regulation
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 arshall be coordinated, where possible, through an airport Collaborative Decision Making (CDM) and through a proper contingency plan.

Amendment 418 #

Proposal for a regulation
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 arshall be coordinated with the airport managing body through a proper contingency plan and where possible through an airport Collaborative Decision Making (CDM) ~~and through a proper contingency plan~~.

Amendment 419 #

Proposal for a regulation
Article 30 – paragraph 5

5. The managing body of the airport shall report to the national approving authority any problem with the suppliers of groundhandling services or self-handling airport users or the provision of centralised infrastructure at its airport.

Amendment 420 #

Proposal for a regulation
Article 30 – paragraph 5

Amendment 421 #

Christine DE VEYRAC, Jim HIGGINS, Dominique VLASTO

Proposal for a regulation
Article 30 – paragraph 5

Amendment 422 #

Proposal for a regulation
Article 30 a (new)

Article 30a Presence of a contact person representing each air carrier Each air carrier shall have a contact person, or be legally represented at airports whose annual traffic volume is more than 2 million passengers. This contact person, who may be a groundhandling assistant, must have the authority to enter into financial, operational and legal commitments on behalf of the air carrier at the airport in question.

Amendment 423 #

Proposal for a regulation
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. after consultation with the Airport Users' Committee and the undertakings providing groundhandling services.

Amendment 424 #

Christine DE VEYRAC, Jim HIGGINS, Michel DANTIN

Proposal for a regulation
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 425 #

Proposal for a regulation
Article 31 – paragraph 2

2. The Member State, the managing body of the airport, a public authority or any other body which controls the airport may lay down rules of conduct.

Amendment 426 #

Proposal for a regulation
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

(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 428 #

Proposal for a regulation
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 429 #

Proposal for a regulation
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 430 #

Proposal for a regulation
Article 31 – paragraph 4 – introductory part

4. A Member State ~~may, where appropriate on a proposal from the managing body of the airport~~shall:

Amendment 431 #

Proposal for a regulation
Article 31 – paragraph 4 – introductory part

4. A Member State ~~may, where appropriate~~shall on a proposal from the managing body of the airport:

Amendment 432 #

Proposal for a regulation
Article 31 – paragraph 4 – introductory part

4. A Member State ~~may, where appropriate~~shall, on a proposal from the managing body of the airport:

Amendment 433 #

Proposal for a regulation
Article 31 – paragraph 4 – point a

(a) impose a fine on, restrict or prohibit a supplier of groundhandling services or a self-handling airport user from supplying groundhandling services or self-handling if that supplier or user fails to comply with the rules of conduct; Member States must take a decision on the provisions of this paragraph within a time delay of two months following a proposal from the airport's managing body;

Amendment 434 #

Proposal for a regulation
Article 31 – paragraph 4 – point a a (new)

(aa) in the event of a breach of the provisions of Articles 34 and 40 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 435 #

Proposal for a regulation
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 436 #

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.

Amendment 437 #

Proposal for a regulation
Article 32 – paragraph 2

Amendment 438 #

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. The body setting quality standards shall consult the Airport Users Committee for this purpose.

Amendment 439 #

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, t~~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.

Amendment 440 #

Proposal for a regulation
Article 32 – paragraph 2

Amendment 441 #

Proposal for a regulation
Article 32 – paragraph 2

Amendment 442 #

Phil BENNION

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 and centralised infrastructure, after consultation with the Airport User's Committee.

Amendment 443 #

Proposal for a regulation
Article 32 – paragraph 2

Amendment 444 #

Proposal for a regulation
Article 32 – paragraph 2

Amendment 445 #

Proposal for a regulation
Article 32 – paragraph 2

2. At airports whose annual traffic has been ~~not less than~~over 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 quality~~additional minimum standards for the performance of groundhandling services which may go beyond the basic provisions of Articles 34 and 40.

Amendment 446 #

Proposal for a regulation
Article 32 – paragraph 2

2. At airports whose annual traffic has been not less than 510 million passenger movements or 1200 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.

Amendment 447 #

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. and immediately notify the Commission of them. The minimum quality standards set by the managing body of the airport shall be communicated to the competent public authority which may, where appropriate, call for these standards to be revised.

Amendment 448 #

Proposal for a regulation
Article 32 – paragraph 2

Amendment 449 #

Phil BENNION

Proposal for a regulation
Article 32 – paragraph 2 a (new)

2 a. Such standards must be consistent with the safety rules, arrangements and management systems of the airport operator and affected air operators as referred to in Regulation (EC) No 216/2008 of the European Parliament and Council.

Amendment 450 #

Proposal for a regulation
Article 32 – paragraph 3

Amendment 451 #

Proposal for a regulation
Article 32 – paragraph 3

3. Suppliers of groundhandling services ~~and~~, self-handling airport users, and the managing body of the airport or, where relevant, the managing body of the centralised infrastructure shall respect these minimum quality standards. In addition, airport users ~~and~~, suppliers of groundhandling services, and the managing body of the airport or, where relevant, the managing body of the centralised infrastructure shall respect the minimum quality standards in their contractual relations.

Amendment 452 #

Proposal for a regulation
Article 32 – paragraph 3

Amendment 453 #

Proposal for a regulation
Article 32 – paragraph 3

3. Suppliers of groundhandling services and self-handling airport users, and the managing body of the airport or, where relevant, the managing body of the centralised infrastructure shall respect these minimum quality standards. In addition, airport users and suppliers of groundhandling services, and the managing body of the airport or, where relevant, the managing body of the centralised infrastructure shall respect the minimum quality standards in their contractual relations.

Amendment 454 #

Carlo FIDANZA, Antonio CANCIAN, Salvatore TATARELLA

Proposal for a regulation
Article 32 – paragraph 3

3. Suppliers of groundhandling services and self-handling airport users shall respect these minimum quality standards. In addition, airport users and suppliers of groundhandling services shall respect the minimum quality standards in their contractual relations. The public authority concerned shall either directly or upon notification by the managing body of the airport impose appropriate penalties where the minimum quality standards laid down in the Airport Regulations and referred to in Paragraph (2) are not complied with. To ensure suppliers of groundhandling services comply with minimum requirements, the managing body of the airport shall have access to information on the parameters for groundhandling services laid down in the Service Level Agreements (SLAs). If the managing body finds that the SLAs do not comply with the airport’s minimum quality standards, it may ask the supervisory authority to take the appropriate action. These standards must be objective, proportional and non- discriminatory.

Amendment 455 #

Proposal for a regulation
Article 32 – paragraph 3

Amendment 456 #

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.

Amendment 457 #

Proposal for a regulation
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 458 #

Proposal for a regulation
Article 32 – paragraph 4

4. The minimum quality standards shall cover in particular the following fields: operational performance, staff training, adequate 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 459 #

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 Council18 and EC (No) 1107/2006 of the European Parliament and of the Council19 , CDM, safety, security, contingency measures, and compliance withe environmental requirements.

Amendment 460 #

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.

Amendment 461 #

Proposal for a regulation
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 462 #

Proposal for a regulation
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 42~~laid down in Annex 1a to this Regulation.

Amendment 463 #

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.

Amendment 464 #

Proposal for a regulation
Article 32 – paragraph 7

7. ~~Prior to~~The airport managing body shall establish~~ing~~ these standards ~~the airport managing body shall consult~~in consultation with the Airport Users' Committee and the suppliers of groundhandling services.

Amendment 465 #

Proposal for a regulation
Article 32 – paragraph 7

7. ~~Prior to establishing these standards the airport managing body shall consult the Airport Users' Committee and the suppliers of groundhandling services~~These standards shall be established in consultation with the suppliers of groundhandling services and in consultation with the Airport Users' Committee.

Amendment 466 #

Proposal for a regulation
Article 32 – paragraph 7 α (new)

7α. Without prejudice to paragraphs 1 to 7 of this article, the airport management body shall focus on the question of safety in evaluating compliance by groundhandling services with minimum quality standards and shall take suitable action in accordance with standard procedures if it considers that the safety of the airport is being compromised.

Amendment 467 #

Proposal for a regulation
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 468 #

Proposal for a regulation
Article 32 – paragraph 7 a (new)

7a. The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this article and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission within one year after the entry into force of this Regulation, and shall notify it without delay of any subsequent amendment affecting them. The Member States shall ensure that the measures are implemented without discrimination. The penalties referred to in the paragraph above shall include in particular suspension of authorisation to provide groundhandling services.

Amendment 469 #

Christine DE VEYRAC

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

Amendment 470 #

Proposal for a regulation
Article 33

Amendment 471 #

Proposal for a regulation
Article 33

Amendment 472 #

Proposal for a regulation
Article 33

Amendment 473 #

Proposal for a regulation
Article 33 – paragraph 1

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.deleted

Amendment 474 #

Proposal for a regulation
Article 33 – paragraph 1

Amendment 475 #

Proposal for a regulation
Article 33 – paragraph 1

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, s~~Suppliers of groundhandling services and self-handling airport users shall report on their operational performance to the Commission.

Amendment 476 #

Proposal for a regulation
Article 33 – paragraph 1

Amendment 477 #

Proposal for a regulation
Article 33 – paragraph 1

1. At airports whose annual traffic has been not less than 510 million passenger movements or 1200 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.

Amendment 478 #

Proposal for a regulation
Article 33 – paragraph 2

~~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

Amendment 479 #

Proposal for a regulation
Article 34 – paragraph 1

1. Suppliers of groundhandling services and self-handling airport users shall ~~ensure that~~provide all their employees involved in the provision of groundhandling services, including managing staff and supervisors, ~~regularly attend~~with specific and recurrent training to enable them to perform the tasks assigned to them.

Amendment 480 #

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.

Amendment 481 #

Proposal for a regulation
Article 34 – paragraph 2

Amendment 482 #

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 and the requirements he or she must meet. Every employee shall attend the relevant training when taking up a new job or when a new task is assigned to the employee.

Amendment 483 #

Proposal for a regulation
Article 34 – paragraph 2

Amendment 484 #

Proposal for a regulation
Article 34 – paragraph 2

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

Amendment 485 #

Proposal for a regulation
Article 34 – paragraph 2

2. Every employee involved in the provision of groundhandling services shall attend at least ~~two~~five 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. To complete the training, employees shall be required to sit a test to assess, in the interests of occupational safety and efficiency, whether they have assimilated the information provided in the training.

Amendment 486 #

Proposal for a regulation
Article 34 – paragraph 2

Amendment 487 #

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~~the training relevant for the tasks assigned to the employee and as foreseen by the working and social standards of the airport operator. Every employee shall attend the relevant training when taking up a new job or when a new task is assigned to the employee.

Amendment 488 #

Proposal for a regulation
Article 34 – paragraph 3

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

Amendment 489 #

Proposal for a regulation
Article 34 – paragraph 3 – point m

(m) measures for he protection of the environment, including control of spillages, discharge management and waste disposal;

Amendment 490 #

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

Amendment 491 #

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, and on the result of the tests sat by the employees, in order to improve the training, where appropriate.

Amendment 492 #

Proposal for a regulation
Article 34 – paragraph 4 – point 1 (new)

(1) The cost of the training shall at all events be borne by the employer.

Amendment 493 #

Proposal for a regulation
Article 35 – paragraph 1

1. ~~Without prejudice to paragraphs (2), (3) and (4), suppliers of groundhandling services may engage in subcontracting~~In principle, subcontracting is not admissible.

Amendment 494 #

Dominique VLASTO, Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
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 495 #

Proposal for a regulation
Article 35 – paragraph 1

1. Without prejudice to paragraphs (2), (3) and (4), suppliers of groundhandling services may engage in a level of subcontracting for each category of service.

Amendment 496 #

Werner KUHN

Proposal for a regulation
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.~~deleted

Amendment 497 #

Proposal for a regulation
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.~~deleted

Amendment 498 #

Proposal for a regulation
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.~~deleted

Amendment 499 #

Proposal for a regulation
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.

Amendment 500 #

Proposal for a regulation
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.deleted

Amendment 501 #

Werner KUHN

Proposal for a regulation
Article 35 – paragraph 4

Amendment 502 #

Proposal for a regulation
Article 35 – paragraph 4

Amendment 503 #

Proposal for a regulation
Article 35 – paragraph 4

Amendment 504 #

Proposal for a regulation
Article 35 – paragraph 4

Amendment 505 #

Proposal for a regulation
Article 35 – paragraph 4

4. A supplier of groundhandling services as referred to in Article 11 (1) ~~may~~shall not subcontract groundhandling services except if it is temporarily unable to provide these groundhandling services due to force majeure.

Amendment 506 #

Proposal for a regulation
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)

(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)

(b) if it takes part in the tendering procedure pursuant to Articles 7 to 10.

Amendment 509 #

Dominique VLASTO, Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Article 35 – paragraph 5

5. Any supplier of groundhandling services and self-handling airport user using one or more subcontractors shall ensure that the subcontractors comply with all the obligations on suppliers of groundhandling services under this Regulation, including safety and protection measures regarding working conditions of the employed staff.

Amendment 510 #

Proposal for a regulation
Article 35 – paragraph 5

5. Any supplier of groundhandling services and self-handling airport user using ~~one or more~~a subcontractors for a category of service shall ensure that the subcontractors complyies with the obligations on suppliers of groundhandling services under this Regulation.

Amendment 511 #

Proposal for a regulation
Article 35 – paragraph 5 a (new)

5a. Only operators that have demonstrated that they are qualified and reliable shall be awarded subcontracts.

Amendment 512 #

Dominique VLASTO, Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Article 35 – paragraph 5 b (new)

5b. The contracting entity may restrict the number of subcontractors when this is required on the grounds of space or capacity.

Amendment 513 #

Proposal for a regulation
Article 35 – paragraph 6

6. Any supplier of groundhandling services and self-handling airport user using ~~one or more~~a subcontractors for a category of service shall inform the managing body of the airport of the name and activities of the subcontractors concerned.

Amendment 514 #

Dominique VLASTO, Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Article 35 – paragraph 7

Amendment 515 #

Proposal for a regulation
Article 35 – paragraph 7

7. Where a supplier of groundhandling services applies for an authorisation to provide groundhandling services under the selection procedure laid down in Article 7, it shall indicate ~~the number,~~for each category of service the activities and names of the subcontractors it intends to use.

Amendment 516 #

Christine DE VEYRAC, Dominique VLASTO, Michel DANTIN

Proposal for a regulation
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 517 #

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

1. Without prejudice to the international commitments of the Union, the Commission may, on its own initiative or at the request of a Member State, in accordance with the examination procedure referred to in Article 43 (3), decide that athe Member States o~~r Member States~~f the European Union 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:

Amendment 518 #

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:

Amendment 519 #

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.

Amendment 520 #

Proposal for a regulation
Article 38 – paragraph 1 – point a

~~(a) list of Union 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;~~deleted

Amendment 521 #

Proposal for a regulation
Article 38 – paragraph 1 – point a

~~(a) list of Union 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;~~deleted

Amendment 522 #

Proposal for a regulation
Article 38 – paragraph 1 – point a

(a) list of Union airports whose annual traffic has been not less than 510 million passenger movements or 1200 000 tonnes of freight for at least the previous three years;

Amendment 523 #

Proposal for a regulation
Article 38 – paragraph 1 – point b

~~(b) list of Union airports whose annual traffic has been not less than 2 million passenger movements or 50 000 tonnes of freight for at least the previous three years;~~deleted

Amendment 524 #

Proposal for a regulation
Article 38 – paragraph 1 – point b

(b) list of Union airports whose annual traffic has been not less than 25 million passenger movements or 5100 000 tonnes of freight for at least the previous three years;

Amendment 525 #

Proposal for a regulation
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 5 years after the date of application of this Regulation. The report shall in particular assess any significant impact on the quality of groundhandling services, employment and working conditions. The report shall include the following set of indicators and criteria for a sample of airports:

Amendment 526 #

Proposal for a regulation
Article 39 – paragraph 1 – point e

(e) opinion of stakeholders on the approval system (approval criteria, implementation issues, price, administrative process, etc.);

Amendment 527 #

Proposal for a regulation
Article 39 – paragraph 1 – point j

j) safety accidents and incidents involving groundhandling services

Amendment 528 #

Philippe DE BACKER, Ramon TREMOSA i BALCELLS, Phil BENNION, Wolf KLINZ

Proposal for a regulation
Article 39 – paragraph 1 – point m

m) training features;, including content and regularity;·

Amendment 529 #

Proposal for a regulation
Article 39 – paragraph 1 a (new)

1 a. The report shall also assess whether complete liberalisation of the groundhandling market is necessary and acceptable. If this is appropriate, a revision of this Regulation might be proposed.

Amendment 53 #

Draft legislative resolution
Paragraph 1

The European Parliament rejects the Commission proposal.

Amendment 530 #

Proposal for a regulation
Article 40 – paragraph 1

Amendment 531 #

Proposal for a regulation
Article 40 – paragraph 1

Amendment 532 #

Proposal for a regulation
Article 40 – paragraph 1

Amendment 533 #

Proposal for a regulation
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 534 #

Proposal for a regulation
Article 42 – paragraph 2

2. The delegation of power referred to in Articles 22, 32, and 33 shall be conferred ~~for an indeterminate period of time from the date of entry into force~~seven years from the date of entry into force of this Regulation.. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament ofr th~~is Regulation~~e Council opposes such extension not later than three months before the end of each period.

Amendment 535 #

Proposal for a regulation
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

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 537 #

Proposal for a regulation
Article 45 – paragraph 2

2. At airports where only two suppliers were selected per category of services pursuant to Article 6 (2) of Directive 96/67/EC and where a minimum number of three suppliers are to be selected pursuant to Article 6 (2) of this Regulation, a selection procedure in accordance with Articles 7 to 13 of this Regulation shall be organised so that the third supplier is selected and able to start operations not later then one year after the date of application of this Regulation.deleted

Amendment 538 #

Proposal for a regulation
Article 45 – paragraph 2

Amendment 539 #

Proposal for a regulation
Article 45 – paragraph 2

Amendment 54 #

Draft legislative resolution
Paragraph 1

The European Parliament rejects the Commission proposal.

Amendment 540 #

Karin KADENBACH, Matthias GROOTE

Proposal for a regulation
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.

Amendment 541 #

Proposal for a regulation
Annex 1 – point 1 – point 1.1 a (new)

1.1a. Mandatory minimum requirements in the area of health protection: (a) prevention and reduction of specific health risks by means of appropriate behaviour- and health-related exercise programmes, including measures to reduce work-related strain on the locomotor system; (b) measures to improve stress- management skills, health-literate management, measures to encourage relaxation; (b) regular preventive check-ups.

Amendment 542 #

Proposal for a regulation
Annex 1 – point 4 – point 4.1

4.1. for freight: physical handling of export, transfer and import freight, handling of related documents, customs procedures and implementation of any security procedure agreed between the parties or required by the circumstances, except if these services are provided on the premises belonging to the undertaking at the airport;

Amendment 543 #

Christine DE VEYRAC, Jim HIGGINS, Michel DANTIN

Proposal for a regulation
Annex 1 – point 4 – point 4.2

4.2. for mail: physical handling of ~~incoming and outgoing mail~~export, transfer and import freight, handling of related documents, customs procedures and implementation of any security procedure agreed between the parties or required by the circumstances., except if these services are provided on the premises belonging to the undertaking at the airport;

Amendment 544 #

Proposal for a regulation
Annex 1 – point 5 – point 5.4

5.4. the loading and unloading of the aircraft, including the provision and operation of suitable means, ~~as well as~~ the transport of crew and passengers between the aircraft and the terminal, ~~and~~ baggage transport between the aircraft and the terminal, and the loading and unloading of wheelchairs and other mobility equipment and assistive devices for persons with reduced mobility;

Amendment 545 #

Georges BACH, Bogusław LIBERADZKI, Michael GAHLER

Proposal for a regulation
Annex 1 a (new)

LIST OF MINIMUM QUALITY STANDARDS The minimum quality standards shall be laid down pursuant to Article 32. The Airport Users’ Committee shall take a decision on any additions to the minimum quality standards which may be required. The standards shall cover: (1) Minimum quality standards for operational activities: (a) passenger handling - maximum waiting time for baggage check-in. A maximum waiting time may be set for the airport as a whole or for an individual terminal - maximum time for transferring passengers between connecting flights (b) baggage handling - maximum time for delivery of first item of baggage. A maximum waiting time may be set for the airport as a whole or for an individual terminal - maximum time for delivery of last item of baggage. A maximum waiting time may be set for the airport as a whole or for an individual terminal - maximum time for delivery of baggage during transfer between connecting flights A maximum waiting time may be set for the airport as a whole or for an individual terminal (c) freight and mail handling - maximum time for delivery of freight and mail. A maximum waiting time may be set for the airport as a whole or for an individual terminal - maximum time for delivery of freight and mail during transfer between connecting flights A maximum waiting time may be set for the airport as a whole or for an individual terminal (d) winter operations - maximum time for de-icing an aircraft - minimum stock of de-icing fluid (e) ramp handling - maximum time for passenger boarding/disembarkation (f) ramps cleared of foreign objects and debris (FOD) (2) Minimum quality standards for training: - regular participation in training courses organised by the airport on activities in restricted areas of the airport, security and safety, crisis management and environmental protection (3) Minimum quality standards for passenger information and assistance: (a) displaying real-time information on baggage delivery times (b) displaying real-time information on delayed and cancelled flights (c) minimum number of staff members able to provide information at the gate (d) minimum number of staff members able to accept complaints or information about lost baggage (4) Minimum quality standards for equipment: - number and availability of assistance vehicles for passengers/baggage/aircraft (5) Minimum quality standards relating to safety: - possession of a safety management system (SMS) and an obligation to coordinate this with the airport’s safety system - accident and incident reporting 6) Minimum quality standards relating to security: - possession of a security management system in line with Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and an obligation to coordinate this with the airport’s security system (7) Minimum quality standards relating to contingency planning - possession of a contingency plan (including action to be taken in the event of heavy snowfall) and an obligation to coordinate this with the airport’s plan (8) Environment - reporting of incidents that affect the environment (e.g. leaks) - gases emitted by the vehicles used _______________ 1 OJ L 97, 9.4.2008, p. 72.

Amendment 55 #

Draft legislative resolution
Paragraph 1

The European Parliament rejects the Commission proposal.

Amendment 56 #

Georges BACH, Bogusław LIBERADZKI, Michael GAHLER

Draft legislative resolution
Paragraph 2

2. Calls on the Commission to ~~refer the matter to Parliament again if it intends to~~ amend its proposal substantially or replace it with another text, improving the social situation of groundhandling workers and the quality of groundhandling services at airports;

Amendment 57 #

Draft legislative resolution
Paragraph 2

The European Parliament rejects the Commission proposal.

Amendment 58 #

Proposal for a regulation
Recital 2

(2) Airports and groundhandling services are essential to the proper functioning and security of air transport and are a key function in the aviation chain. Groundhandling services cover all ground- based aviation-related activities carried out for individual airlines at airports.

Amendment 59 #

Proposal for a regulation
Recital 5

(5) Further gradual opening of the groundhandling market and the introduction of harmonised requirements for the provision of groundhandling services are likely to 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.deleted

Amendment 60 #

Proposal for a regulation
Recital 5

(5) ~~Further gradual o~~Opening of the groundhandling market ~~and~~could work only by the introduction of harmonised requirements for the provision of groundhandling services ~~are likely~~ to enhance the efficiency and overall quality of groundhandling services for airlines as well as for passengers and freights forwarders. T~~his should improve the quality of overall airport operation~~o generate such results it is necessary to establish appropriate rules.

Amendment 61 #

Proposal for a regulation
Recital 5

(5) ~~Further gradual opening of the groundhandling market and t~~The introduction of harmonised requirements and quality standards for the provision of groundhandling services ~~are likely to~~will 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 62 #

Proposal for a regulation
Recital 5 a (new)

(5a) The more providers there are, the greater the pressure on employees. It is therefore essential to harmonise social framework conditions in the sector and to make the observance of collective agreements compulsory.

Amendment 63 #

Knut FLECKENSTEIN, Jörg LEICHTFRIED, Petra KAMMEREVERT

Proposal for a regulation
Recital 5 a (new)

(5a) The Ecorys study of groundhandling services, which the Commission cites repeatedly, concludes that, as a result of the first opening-up of the market, jobs have become more insecure and the number of short-term contracts has increased. Trade unions in the EU have also pointed out that levels of pay in the groundhandling sector have not kept pace with inflation or with the average rate of pay increases. Full opening of the market would drastically worsen workers’ circumstances. In these circumstances, robust social protection provision is needed to shield workers from negative consequences. Articles 12, 39 and 40 make such provision.

Amendment 64 #

Proposal for a regulation
Recital 6

(6) Considering the new need for minimum, harmonised quality standards at airports to implement the gate-to-gate approach for the realisation of the Single European Sky and the need for further harmonisation to fully exploit the benefits of the gradual opening of the groundhandling market in terms of increased quality and efficiency of groundhandling services, Directive 96/67/EC should therefore be replaced by a Regulation.deleted

Amendment 65 #

Proposal for a regulation
Recital 6

(6) Considering the new need for minimum, harmonised quality standards at airports to implement the gate-to-gate approach for the realisation of the Single European Sky and the need for further harmonisation to fully exploit the benefits of the ~~gradual opening of the~~ groundhandling market in terms of increased quality and efficiency of groundhandling services, Directive 96/67/EC should therefore be replaced by a Regulation.

Amendment 66 #

Proposal for a regulation
Recital 7

(7) ~~Free a~~Access to 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~~ improving the social situation of workers and preventing any negative results for safety and security in the sector.

Amendment 67 #

Proposal for a regulation
Recital 7

(7) F~~ree access to~~urther opening of the groundhandling market is consistent with the efficient operation of Union airports, provided relevant safeguards a~~re put in place. Free access to the groundhandling market should be introduced gradually and be adapted to the requirements of the sector~~nd employment standards are guaranteed.

Amendment 68 #

Proposal for a regulation
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 69 #

Philippe DE BACKER, Ramon TREMOSA i BALCELLS, Phil BENNION, Wolf KLINZ

Proposal for a regulation
Recital 7

(7) ~~Free~~A gradual access to 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 but not before the improvement of the social situation of the workers and the prevention of any negative results for safety and security and be adapted to the requirements of the sector.

Amendment 70 #

Proposal for a regulation
Recital 7 a (new)

(7 a) As free market access is the norm in EU transport policy, the complete liberalisation of the groundhandling market should be the ultimate goal.

Amendment 71 #

Proposal for a regulation
Recital 8

(8) Gradual opening of the market under Directive 96/67/EC has already produced positive results in terms of improved efficiency and quality. It is therefore appropriate to proceed with further gradual opening.deleted

Amendment 72 #

Proposal for a regulation
Recital 8

(8) Gradual opening of the market under Directive 96/67/EC has already produced positive results in terms of improved efficiency and quality~~. It is therefore appropriate to proceed with further gradual opening~~ but less social protection and stability for the workers. It is therefore appropriate to enhance those protections.

Amendment 73 #

Proposal for a regulation
Recital 8

(8) Gradual opening of the market under Directive 96/67/EC has ~~already~~ produced ~~positive~~mixed results in terms of improved efficiency ~~and~~, quality~~. It is therefore appropriate to proceed with further gradual opening~~ and employment conditions.

Amendment 74 #

Proposal for a regulation
Recital 9

(9) Every airport user should be allowed to self-handle~~. At the same time~~ if the choice of groundhandling suppliers is not sufficient and if the airport users' requirements are not met. However, it is necessary to maintain a clear and restrictive definition of self-handling in order to avoid abuse and negative impacts on the third-party handling market.

Amendment 75 #

Proposal for a regulation
Recital 10

Amendment 76 #

Proposal for a regulation
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 77 #

Proposal for a regulation
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 groundhandling services, the Member States shall be entitled to decide a binding limit on the number of suppliers, with the objective of keeping quality of services, productivity, security and safety.

Amendment 78 #

Proposal for a regulation
Recital 13

(13) If effective and fair competition is to be maintained where the number of suppliers of groundhandling services is limited, those suppliers need to be chosen according to an open, transparent and non-discriminatory tender procedure. The details of such a procedure should be further specified.deleted

Amendment 79 #

Proposal for a regulation
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)

(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 81 #

Proposal for a regulation
Recital 14

(14) Airport users sh~~ould~~all be consulted in the selection of suppliers of groundhandling services, since they have a major interest in the quality and price of groundhandling services.

Amendment 82 #

Proposal for a regulation
Recital 14

(14) Airport users ~~should~~must be consulted in the selection of suppliers of groundhandling services, since they have a major interest in the quality and price of groundhandling services.

Amendment 83 #

Proposal for a regulation
Recital 17

(17) Ambiguity exists as to whether Member States may require the takeover of staff upon a change of provider for groundhandling services to which access is limited. Discontinuity of staff can have a detrimental effect on the quality of groundhandling services. It is therefore appropriate to clarify the rules on the takeover of staff beyond the application of Directive 2001/23/EC on transfers of undertakings enabling Member States to ensure adequate employment and working conditions. In any event, existing collective agreements and statutory labour and social provisions must be observed.

Amendment 84 #

Jutta STEINRUCK, Knut FLECKENSTEIN, Andrea COZZOLINO, Saïd EL KHADRAOUI

Proposal for a regulation
Recital 17

(17) ~~Ambiguity exists as to whether~~ Member States may require the takeover of staff upon a change of provider for groundhandling services to which access is limited. DAs discontinuity of staff can have a detrimental effect on the quality of groundhandling services~~. I~~, it is therefore appropriate to clarify the rules on the takeover of staff beyond the application of Directive 2001/23/EC on transfers of undertakings enabling Member States to ensure adequate employment and working conditions.

Amendment 85 #

Proposal for a regulation
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 have~~has a detrimental effect on the quality of groundhandling services. It is therefore ~~appropriate to clarify~~urgently necessary to clarify and, if need be, amend the rules on the t~~akeov~~ransfer of staff ~~beyond the~~via 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 86 #

Philippe DE BACKER, Ramon TREMOSA i BALCELLS, Phil BENNION, Wolf KLINZ

Proposal for a regulation
Recital 17

(17) ~~Ambiguity exists as to~~It should be clarified whether Member States may require the takeover of staff upon a change of provider for groundhandling services to which access is limited according to Article 6 (2). Discontinuity of staff can have a detrimental effect on the quality of groundhandling services. It is therefore appropriate to clarify the rules on the takeover of staff beyond the application of Directive 2001/23/EC on transfers of undertakings enabling Member States to ensure adequate employment and working conditions.

Amendment 87 #

Philippe DE BACKER, Ramon TREMOSA i BALCELLS, Phil BENNION, Wolf KLINZ

Proposal for a regulation
Recital 17 a (new)

(17 a) Increase in the quality of groundhandling services should be the ultimate aim; this should be done without increasing the administrative burden for groundhandling companies. It is therefore important to allow companies to decide on their own general business practices and their human resources policy.

Amendment 88 #

Proposal for a regulation
Recital 18

(18) In order to ensure the proper and smooth functioning of air transport operations at airports, guarantee safety and security on airport premises as well as protect the environment and ensure compliance with the applicable social provisions and r~~ule~~epresentative collective agreements, the provision of groundhandling services should be subject to an appropriate approval. Given that systems for approving the provision of groundhandling services currently exist in the majority of Member States but differ widely, a harmonised approval system should be introduced.

Amendment 89 #

Proposal for a regulation
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 90 #

Proposal for a regulation
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 in order to establish a level playing field, the granting of approval should be subject to minimum requirements. ; these minimum requirements should not in any way have a restrictive impact on the further opening of the market.

Amendment 91 #

Proposal for a regulation
Recital 22

(22) The managing body of the airport and/or any other managing body of the centralised infrastructure of that airport ~~should~~must regularly consult airport users on the definition of the infrastructure and the level of fees.

Amendment 92 #

Proposal for a regulation
Recital 23

Amendment 93 #

Proposal for a regulation
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 fo~~the one hand and their infrastructure management on the other.

Amendment 94 #

Proposal for a regulation
Recital 24

(24) In order to enable airports to fulfil their infrastructure management functions, to guarantee safety and security on airport premises and to ensure the resilience of groundhandling services also in crisis situations the managing body of the airport should be responsible for the proper coordination of groundhandling activities at the airport. It should also be able, where necessary, to commission services to ensure comprehensive service provision at the airport. The managing body of the airport should report on the coordination of airport groundhandling activities to the Performance Review Body of Eurocontrol in view of a consolidated optimisation.

Amendment 95 #

Proposal for a regulation
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 96 #

Proposal for a regulation
Recital 26

(26) It is necessary to define obligatory minimum quality standards to be met by suppliers of groundhandling services and self-handling airport users in order to ensure the overall quality of service and establish a level playing field among suppliers. Since discontinuity of staff can have a detrimental effect on the quality of groundhandling services, there is a need to adopt appropriate measures to avoid collective redundancies.

Amendment 97 #

Proposal for a regulation
Recital 28

(28) In a labour-intensive sector such as groundhandling, continuous staff development and training have a strong impact on service quality and airport safety. Minimum training requirements should therefore be set to ensure the quality of operations in terms of reliability, resilience, safety and security, and to create a level playing field among operators. .

Amendment 98 #

Proposal for a regulation
Recital 28

(28) In a labour-intensive sector such as groundhandling, continuous staff development and training have a strong impact on service quality. Minimum training requirements should therefore be set to ensure the quality of operations in terms of reliability, resilience, safety and security, and to create a level playing field among operators. It is incumbent on employers to bear the costs of continuous staff development and training. Minimum training and further training requirements should be determined in the specifications for a regulated occupation of ‘certified airport groundhandling operator’.

Amendment 99 #