Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports

Article 1

Scope

• (a) The provisions of Article 7 (1) relating to categories of ground-handling services other than those referred to in Article 7 (2) shall apply to any airport regardless of its volume of traffic as from 1 January 1998.

• (b) The provisions relating to the categories of groundhandling services referred to in Article 7 (2) shall apply as from 1 January 1998 to airports whose annual traffic is not less than 1 million passenger movements or 25 000 tonnes of freight.

• (c) The provisions relating to the categories of groundhandling services referred to in Article 6 shall apply as from 1 January 1999 to airports:
• — whose annual traffic is not less than 3 million passenger movements or 75 000 tonnes of freight; or
• — whose traffic has been not less than 2 million passenger movements or 50 000 tonnes of freight during the six-month period prior to 1 April or 1 October of the preceding year.

Article 2

Definitions

For the purposes of this Directive:

• (a) ‘airport’ means any area of land especially adapted for the landing, taking-off and manoeuvres of aircraft, including the ancillary installations which these operations may involve for the requirements of aircraft traffic and services including the installations needed to assist commercial air services;

• (b) ‘airport system’ means two or more airports grouped together to serve the same city or conurbation, as referred to in Annex II to Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes;

• (c) ‘managing body of the airport’ means a body which, in conjuntion with other activities or not as the case may be, has as its objective under national law or regulation the administration and management of the airport infrastructures, and the coordination and control of the activities of the different operators present in the airport or airport system concerned;

• (d) ‘airport user’ means any natural or legal person responsible for the carriage of passengers, mail and/or freight by air from, or to the airport in question;

• (e) ‘groundhandling’ means the services provided to airport users at airports as described in the Annex;

• (f) ‘self-handling’ means a situation in which an airport user directly provides for himself one or more categories of groundhandling services and concludes no contract of any description with a third party for the provision of such services; for the purposes of this definition, among themselves airport users shall not be deemed to be third parties where:
• — one holds a majority holding in the other; or
• — a single body has a majority holding in each;

• (g) ‘supplier of groundhandling services’ means any natural or legal person supplying third parties with one or more categories of groundhandling services.

Article 3

Managing body of the airport

Article 4

Separation of accounts

The examiner shall also check the absence of financial flows between the activity of the managing body as airport authority and its groundhandling activity.

Article 5

Airport Users' Committee

Article 6

Groundhandling for third parties

Member States shall have the right to require that suppliers of groundhandling services be established within the Community.

• — 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.

They may not, however, limit this number to fewer than two for each category of groundhandling service.

• — the managing body of the airport,

• — any airport user who has carried more than 25 % of the passengers or freight recorded at the airport during the year preceding that in which those suppliers were selected,

• — a body controlling or controlled directly or indirectly by that managing body or any such user.

However at 1 July 2000, a Member State may request that the obligation in this paragraph be deferred until 31 December 2002.

The Commission, assisted by the Committee referred to in Article 10, shall examine such request and may, having regard to the evolution of the sector and, in particular, the situation at airports comparable in terms of traffic volume and pattern, decide to grant the said request.

Article 7

Self-handling

• — 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 reserve the right to self-handle to no fewer than two airport users, provided they are chosen on the basis of relevant, objective, transparent and non-discriminatory criteria.

Article 8

Centralized infrastructures

Article 9

Exemptions

• (a) to limit 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; in this case the provisions of Article 6 (2) and (3) shall apply;

• (b) to reserve to a single supplier one or more of the categories of groundhandling services referred to in Article 6 (2);

• (c) to reserve self-handling to a limited number of airport users for categories of groundhandling services other than those referred to in Article 7 (2), provided that those users are chosen on the basis of relevant, objective, transparent and non-discriminatory criteria;

• (d) to ban self-handling or to restrict it to a single airport user for the categories of groundhandling services referred to in Article 7 (2).

• (a) specify the category or categories of groundhandling services for which the exemption is granted and the specific constraints of available space or capacity which justify it;

• (b) be accompanied by a plan of appropriate measures to overcome the constraints.

Moreover, exemptions must not:

• (i) unduly prejudice the aims of this Directive;

• (ii) give rise to distortions of competition between suppliers of groundhandling services and/or self-handling airport users;

• (iii) extend further than necessary.

The Commission shall publish a summary of the decisions of which it is notified in the Official Journal of the European Communities and shall invite interested parties to submit comments.

The Commission's decision shall be taken no later than three months after notification by the Member State and shall be published in the Official Journal of the European Communities.

Exemptions under paragraph 1 (b) may not exceed a duration of two years. However, a Member State may on the basis of the provisions of paragraph 1 request that this period be extended by a single period of two years. The Commission, assisted by the Committee referred to in Article 10, shall decide on such request.

Article 10

Advisory Committee

Article 11

Selection of suppliers

• (a) In cases where Member States require the establishment of standard conditions or technical specifications to be met by the suppliers of groundhandling services, those conditions or specifications shall be established following consultation with the Airport Users' Committee. The selection criteria laid down in the standard conditions or technical specifications must be relevant, objective, transparent and non-discriminatory. After having notified the Commission, the Member State concerned may include among the standard conditions or technical specifications with which suppliers of groundhandling services must comply a public service obligation in respect of airports serving peripheral or developing regions which are part of its territory, which have no commercial interest but which are of vital importance for the Member State concerned.

• (b) An invitation to tender must be launched and published in the Official Journal of the European Communities, to which any interested supplier of groundhandling services may reply.

• (c) Suppliers of groundhandling services shall be chosen:
• (i) following consultation with the Airport Users' Committee by the managing body of the airport, provided the latter:
• — does not provide similar groundhandling services; and
• — has no direct or indirect control over any undertaking which provides such services; and
• — has no involvement in any such undertaking;
• (ii) in all other cases, by competent authorities of the Member States which are independent of the managing body of the airport concerned, and which shall first consult the Airport Users' Committee and that managing body.

• (d) Suppliers of groundhandling services shall be selected for a maximum period of seven years.

• (e) Where a supplier of groundhandling services ceases his activity before the end of the period for which he was selected, he shall be replaced on the basis of the same procedure.

• — if it controls that undertaking directly or indirectly; or

• — if the undertaking controls it directly or indirectly.

Article 12

Island airports

In the context of the selection of suppliers of groundhandling services at an airport as provided for in Article 11, a Member State may extend the obligation of public service to other airports in that Member State provided:

• — those airports are located on islands in the same geographical region; and

• — such airports each have a traffic volume of no less than 100 000 passenger movements per year; and

• — such an extension is approved by the Commission with the assistance of the Committee referred to in Article 10.

Article 13

Consultations

Member States shall see to it that a compulsory consultation procedure relating to the application of this Directive is organized between the managing body of the airport, 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 9 (1) (b) and the organization of the provision of those services. Such consultation shall be organized at least once a year.

Article 14

Approval

The criteria for such approval must relate to a sound financial situation and sufficient insurance cover, to the security and safety of installations, of aircraft, of equipment and of persons, as well as to environmental protection and compliance with the relevant social legislation.

The criteria must comply with the following principles:

• (a) they must be applied in a non-discriminatory manner to the various suppliers of groundhandling services and airport users;

• (b) they must relate to the intended objective;

• (c) they may not, in practice, reduce market access or the freedom to self-handle to a level below that provided for in this Directive.

These criteria shall be made public and the supplier of groundhandling services or self-handling airport user shall be informed in advance of the procedure for obtaining approval.

The grounds for witholding or withdrawal must be communicated to the supplier or user concerned and to the managing body of the airport.

Article 15

Rules of conduct

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

• — prohibit a supplier of groundhandling services or an airport user from supplying groundhandling services or self-handling if that supplier or user fails to comply with the rules imposed upon him to ensure the proper functioning of the airport;

Those rules must comply with the following principles:

• (a) they must be applied in a non-discriminatory manner to the various suppliers of groundhandling services and airport users;

• (b) they must relate to the intended objective;

• (c) they may not, in practice, reduce market access or the freedom to self-handle to a level below that provided for in this Directive;
• — in particular require suppliers of groundhandling services at an airport to participate in a fair and non-discriminatory manner in carrying out the public service obligations laid down in national laws or rules, including the obligation to ensure continuous service.

Article 16

Access to installations

Article 17

Safety and security

The provisions of this Directive in no way affect the rights and obligations of Member States in respect of law and order, safety and security at airports.

Article 18

Social and environmental protection

Without prejudice to the application of this Directive, and subject to the other provisions of Community law, Member States may take the necessary measures to ensure protection of the rights of workers and respect for the environment.

Article 19

Compliance with national provisions

A supplier of groundhandling services at an airport in a Member State shall be required to comply with the provisions of national law which are compatible with Community law.

Article 20

Reciprocity

• (a) does not, de jure or de facto, grant suppliers of groundhandling services and self-handling airport users from a Member State treatment comparable to that granted by Member States to suppliers of groundhandling services and self-handling airport users from that country; or

• (b) does not, de jure or de facto, grant suppliers of groundhandling services and self-handling airport users from a Member State national treatment; or

• (c) grants suppliers of groundhandling services and self-handling airport users from other third countries more favourable treatment than suppliers of groundhandling services and self-handling airport users from a Member State;

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

Article 21

Right of appeal

Member States or, where appropriate, managing bodies of airports shall ensure that any party with a legitimate interest has the right to appeal against the decisions or individual measures taken pursuant to Articles 7 (2) and 11 to 16.

It must be possible to bring the appeal before a national court or a public authority other than the managing body of the airport concerned and, where appropriate, independent of the public authority controlling it.

Article 22

Information report and revision

Member States shall communicate to the Commission the information required by it to draw up a report on the application of this Directive.

The report, accompanied by any proposals for revision of the Directive, shall be drawn up not later than 31 December 2001.

Article 23

Implementation

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 24

Entry into force

This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.

Article 25

Addressees

This Directive is addressed to the Member States.

ANNEX

LIST OF GROUNDHANDLING SERVICES

• 1. Ground administration and supervision comprise:

• 1.1. representation and liaison services with local authorities or any other entity, disbursements on behalf of the airport user and provision of office space for its representatives;

• 1.2. load control, messaging and telecommunications;

• 1.3. handling, storage and administration of unit load devices;

• 1.4. any other supervision services before, during or after the flight and any other administrative service requested by the airport user.

• 1. Passenger handling comprises any kind of assistance to arriving, departing, transfer or transit passengers, including checking tickets and travel documents, registering baggage and carrying it to the sorting area.

• 1. Baggage handling comprises handling baggage in the sorting area, sorting it, preparing it for departure, loading it on to and unloading it from the devices designed to move it from the aircraft to the sorting area and vice versa, as well as transporting baggage from the sorting area to the reclaim area.

• 1. Freight and mail handling comprises:

• 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;

• 4.2. for mail: physical handling of incoming and outgoing mail, handling of related documents and implementation of any security procedure agreed between the parties or required by the circumstances.

• 1. Ramp handling comprises:

• 5.1. marshalling the aircraft on the ground at arrival and departure ([^E0002]);

• 5.2. assistance to aircraft packing and provision of suitable devices (*1) ;

• 5.3. communication between the aircraft and the air-side supplier of services (*1) ;

• 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;

• 5.5. the provision and operation of appropriate units for engine starting;

• 5.6. the moving of the aircraft at arrival and departure, as well as the provision and operation of suitable devices;

• 5.7. the transport, loading on to and unloading from the aircraft of food and beverages.

• 1. Aircraft services comprise:

• 6.1. the external and internal cleaning of the aircraft, and the toilet and water services;

• 6.2. the cooling and heating of the cabin, the removal of snow and ice, the de-icing of the aircraft;

• 6.3. the rearrangement of the cabin with suitable cabin equipment, the storage of this equipment.

• 1. Fuel and oil handling comprises:

• 7.1. the organization and execution of fuelling and defuelling operations, including the storage of fuel and the control of the quality and quantity of fuel deliveries;

• 7.2. the replenishing of oil and other fluids.

• 1. Aircraft maintenance comprises:

• 8.1. routine services performed before flight;

• 8.2. non-routine services requested by the airport user;

• 8.3. the provision and administration of spare parts and suitable equipment;

• 8.4. the request for or reservation of a suitable parking and/or hangar space.

• 1. Flight operations and crew administration comprise:

• 9.1. preparation of the flight at the departure airport or at any other point;

• 9.2. in-flight assistance, including re-dispatching if needed;

• 9.3. post-flight activities;

• 9.4. crew administration.

• 1. Surface transport comprises:

• 10.1. the organization and execution of crew, passenger, baggage, freight and mail transport between different terminals of the same airport, but excluding the same transport between the aircraft and any other point within the perimeter of the same airport;

• 10.2. any special transport requested by the airport user.

• 1. Catering services comprise:

• 11.1. liaison with suppliers and administrative management;

• 11.2. storage of food and beverages and of the equipment needed for their preparation;

• 11.3. cleaning of this equipment;

• 11.4. preparation and delivery of equipment as well as of bar and food supplies.

[^E0001]: Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23).

[^E0002]: Provided that these services are not provided by the air traffic service.