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Regulation on ground handling services at airports

Original Language Title: Verordnung über Bodenabfertigungsdienste auf Flugplätzen

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Regulation on ground handling services at airports (ground handling service Regulation-BADV)

Unofficial table of contents

BADV

Date of completion: 10.12.1997

Full quote:

" Ground Handling-Regulation of 10 December 1997 (BGBl. 2885), as last amended by Article 1 of the Regulation of 10 May 2011 (BGBl I). 820) has been amended "

Status: Last amended by Art. 1 V v. 10.5.2011 I 820

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 17.12.1997 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 67/96 (CELEX Nr: 396L0067) + + +)

The V was adopted as Article 1 of the V v. 10.12.1997 I 2885 (BADV/LuftRÄndV) by the Federal Ministry of Transport, in agreement with the Federal Ministry of Finance and the Federal Ministry of Economic Affairs. The Federal Council has agreed. The V is gem. Art. 3 of this V mWv 17.12.1997 entered into force. Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to access to the groundhandling market at airports in the Federal Republic of Germany in accordance with the following procedures:
1.
The provisions for self-handling shall apply from 1 January 1998, in so far as the groundhandling services referred to in Article 3 (2) are concerned, irrespective of the volume of traffic and, in so far as they are concerned with the provisions of § 3 (2), for each airport. , for such airports, which have at least one million passengers per year or 25,000 tonnes of freight per year.
2.
The provisions applicable to service providers shall apply from 1 January 1999 and shall apply only to those aerodrols which either have at least three million passengers or 75,000 tonnes of freight per year, or in the case of 1 April or 1 year of age. At least two million passengers, or 50,000 tonnes of cargo, had been registered in October of the previous six-month period.
3.
Without prejudice to point 1, this Regulation shall apply from 1 January 2001 for each aerodrome which has at least 2 million passengers or 50 000 tonnes of freight per year.
4.
Where an aerodrome reaches one of the freight thresholds referred to in points 1 to 3, but does not reach the corresponding passenger threshold, the provisions of this Regulation shall not apply to the groundhandling services reserved for passengers alone.
5.
The regulation of § 6 (1) sentence 2 shall apply from 1 January 1998.
(2) In the case of an airport system, this Regulation shall apply separately to each of the airports. The relevant version of Annex II to Council Regulation (EEC) No 2408/92 of 23 July 1992 (OJ L 376, 27.12.1992, p. EC No 8) on access for Community air carriers to intra-Community air routes. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:
1.
Aerodrome: any airfield with commercial air traffic approved for general traffic,
2.
Aviation authority: the competent authority in accordance with the relevant provisions;
3.
(b) users: any natural or legal person who transports passengers, mail or cargo by air to or from the airfield in question,
4.
Groundhandling services: the services provided to a user at an airfield in accordance with Annex 1;
5.
Service provider: any natural or legal person, including the flight operator, who provides one or more groundhandling services for third parties;
6.
Self-handling: the fact that a user himself is directly responsible for one or more groundhandling services, without concluding a contract with a third party for the provision of such services. For the purposes of this definition, third parties shall not be considered to be third parties in proportion to each other, one of whom holds a majority stake or in which one and the same body holds a majority stake in each of them,
7.
Third country: any State which is neither a Member State of the European Union nor a Contracting State of an agreement with the European Union concerning air transport.
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§ 3 Ground handling services

(1) The aerodrome operator shall enable the provision of groundhandling services to self-handlers and service providers. (2) In the case of baggage handling, pre-field services, refuelling services and freight and mail handling services, to the extent that: the actual carriage of cargo and mail between the aerodrome and the aircraft upon arrival, departure or transit, results in the number of self-employed persons and service providers authorised to carry out the cargo in question from Appendix 5. In the absence of such a numerical or other determination for an aerodrome in accordance with this Regulation, no less than two self-handlers, and not less than two service providers, shall be provided on that aerodrome in the first sentence of (3) By 1 January 2001 at the latest, the provision of the groundhandling services referred to in paragraph 2 shall be made possible for at least one service provider not provided by the aerodrome operator, nor by a user who has registered more than 25% of the total number of passengers registered on the airport Passengers or cargo is still controlled by a body which controls or is in turn controlled by the operator of the aerodrome, or by one of the two. (4) In the event of special grounds or capacity, in particular in relation to the density of traffic and the degree of use of land on an airport, the handling of groundhandling services referred to in paragraph 2 may be reserved for a single service provider. For the reasons set out in the first sentence, self-handling may also be prohibited or reserved for a single user. (5) For purposes other than the groundhandling services referred to in paragraph 2, the reasons referred to in the first sentence of paragraph 4 may be justified. the number of self-handlers and service providers shall be limited to no less than two. (6) Restrictions referred to in the first sentence of paragraph 4 shall be limited to two years, restrictions under the second sentence of paragraph 4 and, after paragraph 5, three years. (7) Restrictions on the restrictions referred to in paragraph 4 pursuant to the first sentence of paragraph 4, a one-off period of another two years may be required, and the restrictions referred to (8) The arrangements referred to in paragraph 3 may be suspended until 31 December 2002. (9) Restrictions referred to in paragraphs 4 and 5, the extension of which shall be extended in accordance with paragraph 7 and a suspension of the provisions of paragraph 3. pursuant to paragraph 8, require the prior consent of the European Commission. The Federal Ministry of Transport, Building and Urban Development requests the approval no later than three months before the intended entry into force of the restriction and, in the cases referred to in paragraph 8, no later than 1 July 2000. The aerodrome operator is obliged to submit the necessary documents and justifications to the Federal Ministry of Transport, Building and Urban Development via the Authority in good time. Unofficial table of contents

§ 4 Separation of activities

(1) Each service manager shall have a strict accounting separation between the area of activity of ground handling services on an aerodrome and its other activities, in accordance with customs and customs practices in the trade . In addition, each aerodrome operator who operates as a service provider shall demonstrate that the area of activity of ground handling services on the aerodrome is not carried out by other activities related to the collection of land and parking fees. (2) Each service manager shall be obliged to demonstrate annually to the Authority, by an auditor, the compliance with the obligations laid down in paragraph 1. Unofficial table of contents

§ 5 Users ' Committee

(1) The Users ' Committee shall be constituted by the users of an aerodrome. The Users ' Committee shall adopt its rules of procedure. The principles contained in the "Requirements for a Rules of Procedure" (Annex 4) must be observed. (2) The Authority shall invite the users to the constituent sitting. It may delegate this task to the aerodrome operator. Unofficial table of contents

§ 6 Central Infrastructures

(1) In the field of aerodrome use, the central infrastructures for the provision of groundhandling services, which are not divided due to their complexity or for reasons of cost or environmental protection, are not shared or are carried out in multiple versions. can be created. The Users ' Committee shall be given the opportunity to comment. The central infrastructure facilities are managed and operated by the aerodrome operator or one of the authorized agents. (2) In the aerodrome use order it can be regulated that the service providers and self-handlers are the central infrastructure facilities. (3) The use of the central infrastructure facilities can be linked to the payment of a fee. The amount of this remuneration shall be determined on the basis of objective, objective, transparent and non-discriminatory criteria. Unofficial table of contents

Section 7 Selection of service providers and the self-handlers

(1) In the cases referred to in Article 3 (2) to (5), the aerodrome operator shall issue a tender for the award of services in the Official Journal of the European Communities. The choice of service providers shall be carried out after consultation of the user committee by the aerodrome operator, if the operator does not itself provide similar groundhandling services and no undertaking providing such services, directly or indirectly, and in no way is involved in any such company. In all other cases, the service provider shall be selected after consulting the user committee, the aerodrome operator and the operating council of the aerodrome operator by the Authority. It shall take its decision with regard to the operator of the aerodrome. The tendering procedure and the selection procedure shall apply to the principles laid down in the selection directive (Annex 2). (2) In the cases referred to in Article 3 (2) to (5), the aerodrome operator may himself provide groundhandling services without the need to: Selection procedures referred to in paragraph 1 shall be submitted. It may also, without this procedure, allow a service provider to perform its groundhandling services if it is directly or indirectly controlled by the service provider or is controlled directly or indirectly by that service provider. (3) The cases referred to in Article 3 (2) to (5) shall be chosen by the self-handlers in accordance with objective, objective, transparent and non-discriminatory criteria. The provisions of the second sentence of paragraph 1 shall apply accordingly. Where the groundhandling services to be provided by self-handlers are published in the Official Journal of the European Communities by the operator, the first sentence of the first sentence of paragraph 1 shall be replaced by the first sentence of the first sentence of paragraph 1. (4) The service providers and the Self-handlers shall be selected for a period not exceeding seven years. (5) If a service provider or a self-employed person is selected for a period of less than seven years, a service provider or a self-employed person shall be selected. Ground-handling activity before the end of the period for which it is selected , the re-allocation shall take place as in the case of a regular contract procedure in accordance with the selection procedure referred to in paragraph 1. This does not apply if the activity is abandoned only to an insignificant extent. Unofficial table of contents

§ 8 Request criteria

(1) Service providers and self-handlers have to comply with the "requirements for the provision of groundhandling services" (Appendix 3). In the cases of § 3 (2) to (5) these requirements are part of the tender procedure and the selection procedure according to § 7. (2) The aviation authority may also provide ground handling services from the fulfilment of the requirements. subject to a specification or technical specification. (3) The requirements, criteria, operational requirements and technical specifications laid down in paragraphs 1 and 2 shall be objective, objective, transparent and non-discriminatory. are compiled and applied. They shall be notified in advance by the operator of the aerodrome. (4) Service providers and self-handlers who satisfy the conditions set out in paragraphs 1 to 3 shall endeavour to cover their labour needs with persons who: have been carried out by the service provider or self-handlers directly before the groundhandling services have been received by the operator of the aircraft. Unofficial table of contents

§ 9 Access

(1) The aerodrome operator and the service provider or self-handlers shall be obliged to enter into a contract for the use of the necessary and available part of the aerodrome and its facilities, as well as those referred to in this Regulation The operator shall, in accordance with Article 8 of the Regulation, conclude the charges to be paid by the service provider or the self-employed person. (2) The operator shall ensure that the access to the Service providers and users of aerodrome facilities, insofar as they are responsible for the exercise of of their activities, is not unjustifiably disabled. If the aerodrome operator makes access to conditions, it must be appropriate, objective, transparent and non-discriminatory. (3) The aerodrome operator is entitled to pay a fee for the service provider and the self-handling staff for the access, for the purposes and for the use of its facilities. The amount of this remuneration shall be determined after consultation of the Committee on Users on the basis of appropriate, objective, transparent and non-discriminatory criteria, and may, in the sense of a business fee, be used in particular for the self-financing of the airport contribute. Unofficial table of contents

Section 10 Supervision and operational procedures, occupational health and safety

(1) Users, service providers and self-handlers shall set up and design their operations in such a way as to ensure that the proper operation at the airport is not compromised. (2) The rules governing the use of the aerodrome may be such as to ensure that the an operator shall be entitled to, in cases where the course of operations at the aerodrome is threatened or disturbed by a behaviour attributable to a service provider or self-employed person, or where the requirements of Section 8 are not fulfilled, to take the necessary measures. The relevant service provider or self-handlers shall be given the opportunity to submit their comments. This is without prejudice to the right of the flight operator to terminate the contractual relationship with the service provider or the self-employed person without notice. (3) Measures within the scope of the aerial view according to § 29 (1) of the Air Transport Act shall remain unaffected. (4) Obligations relating to the safety and health of workers at work under other legislation shall remain unaffected by the obligations of the operator, service provider or self-employed person. Unofficial table of contents

Section 11 Consultation

The aerodrome operator shall, at least once a year, hold a joint consultation on the application of this Regulation with the Users ' Committee and the service providers operating at the airport, with the participation of the Works Council of the Flight operator and the Authority. Unofficial table of contents

§ 12 reciprocity

(1) Where it is established that a third country is a service provider and a self-employed person whose undertakings are the majority of the property of nationals of the Member States of the European Union, by law or in fact
1.
not in a manner comparable to that of this Regulation, or
2.
less favourable than domestic service providers and self-handlers, or
3.
less favourable than service providers and self-handlers from other third countries
, the Federal Ministry of Transport, Building and Urban Development is to be informed. (2) This may, without prejudice to the international obligations of the European Union, be subject to the obligations arising out of Council Directive 96 /67/EC of 15 June 2000 on the implementation of the European Union and the Council of the European Union. (3) The Federal Ministry for Transport, Building and Urban Development shall inform the Commission of the following: European Communities on the nature and extent of the decision. Unofficial table of contents

Section 13 Information

(1) The Authority shall notify the Federal Ministry of Transport, Building and Urban Development of the airfields covered by this Regulation before 1 June of each year with information on the respective passenger and cargo volumes of the expired air traffic Calendar year and of 1 April and 1. (2) The Authority shall provide the Federal Ministry of Transport, Building and Urban Development with information on its request, which the Commission of the European Union shall provide to the European Commission for the following years: (3) The aeronautical operator is obliged to provide the Authority with the information required under paragraph 2 and to submit documents. Unofficial table of contents

Appendix 1 (to § 2 no. 4)
List of groundhandling services

Source of the original text: BGBl. I 1997, 2888-2889
1.
The administrative handling on the ground/surveillance includes:
1.1
the representation in and the links with the local authorities and other bodies, the outlays on behalf of the user and the provision of premises for its representatives,
1.2
the control of loading, news and telecommunications,
1.3
the treatment, storage, handling and management of cargoes,
1.4
all other surveillance services before, during and after the flight and any other administrative services requested by the user.
2.
The handling of aeronautics shall include the entire passenger service on departure, on arrival, during transit or on connection flights, in particular the control of tickets and travel documents, and the registration of luggage and its Transport up to sorting plants.
3.
Baggage handling includes the handling of luggage in the sorting room, the sorting of luggage, its preparation for departure, the loading and unloading of the vehicles or installations with which the luggage is transported between the aircraft and the sorting room, as well as the baggage handling between the sorting room and the delivery room.
4.
Freight and mail handling includes:
4.1
in respect of freight: in the case of import and export as well as during transit, the handling of the cargo, the processing of the relevant documents, the customs formalities and all the necessary provisions agreed between the parties or for the purpose of circumsance the security measures;
4.2
in relation to the postal service, the handling of the mail at the time of receipt and exit, the processing of the relevant documents and any security measures agreed between the parties or necessary for the sake of circumstancity.
5.
The subfield services shall include:
5.1
The pilot of the aircraft upon arrival and departure * 1),
5.2
support for the parking of the aircraft and the provision of the appropriate means * 1);
5.3
communication between the aeroplane and the service provider providing the services on the front of the field * 1),
5.4
the loading and unloading of the aircraft, including the provision and use of the necessary means and the carriage of the crew and passengers between the aircraft and the terminal, and the transport of the baggage between the aircraft and the aircraft; Terminal building,
5.5
support for the start-up of the engines and the provision of the appropriate means,
5.6
the movement of the aircraft on departure and upon arrival, the provision and use of the necessary means,
5.7
the transport, the loading and loading of the food and beverages into the from the plane.
6.
The cleaning services and the aircraft service include:
6.1
the internal and external cleaning of the aircraft, the toilet and water service,
6.2
The cooling and heating of the cabin, the removal of snow and ice from the aircraft, the de-icing of the aircraft,
6.3
the equipment of the cabin with the appropriate on-board equipment and the storage thereof.
7.
The refuelling services shall include:
7.1
the organisation and implementation of the loading and unloading operations, including storage, quality control and quantity control of deliveries,
7.2
the refilling of oil and other liquids.
8.
The station maintenance services include:
8.1
the routine procedures before the flight,
8.2
special activities requested by the user,
8.3
the maintenance and management of the maintenance material and spare parts,
8.4
the holding of a parking position and/or a hall to carry out the maintenance.
9.
The operating and crew services shall include:
9.1
the preparation of the flight at the departure airport or elsewhere,
9.2
assistance during the flight, inter alia, in the event of a change in the flight path, if necessary, during the flight;
9.3
the services after the flight,
9.4
general ancillary services for the crew.
10.
The transport services on the ground shall include:
10.1
the organisation and handling of the carriage of passengers, crew, luggage, cargo and mail between different terminal buildings of an airport, but not transport between the aircraft and any other location on the premises of the same airfield,
10.2
all special transport services requested by the user.
11.
The catering services (catering) include:
11.1
connections with the suppliers and the administration,
11.2
the storage of the food, beverages and accessories required for the preparation;
11.3
the cleaning of the accessories,
11.4
the preparation and delivery of food and drink and of the appropriate accessories.
----------
* 1)
Provided that these services are not provided by the air traffic control service or by a central pre-field control.
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Appendix 2 (to § 7)
Selection-Directive of the Federal Ministry of Transport, Building and Urban Development

Source of the original text: BGBl. I 1997, 2889-2890;
with regard to of the individual amendments. Footnote
1.
Principles
(1) This selection directive must then be based on the fact that, because of limited possibilities for groundhandling, it is not possible for all interested service providers to be able to operate the groundhandling services and, therefore, to select a selection is to be found among the applicants (§ 7 para. 1 i.V.m. § 3 (2) to (5)). In addition, it can be used if, due to limited possibilities of ground handling, a selection is to be made among the interested self-handlers (§ 7 para. 3 i.V.m. § 3 (2) to (5). (2) The procedures provided for in this Selection Directive must be carried out objectively, objectively, in a transparent and non-discriminatory manner. (3) The User Committee and the Works Council of the respective aerodrome shall be informed of the The selection decision must be notified.
2.
Procedure
2.1
Definition of ground handling services by type and scope
(1) The aerodrome operator shall determine the type and extent of the groundhandling services which it opens in accordance with § 7 of the groundhandling market. It may also make use of the bundling of groundhandling services listed in Appendix 1 if it appears to be operational or is necessary for the efficient use of the handling capacity. (2) The aerodrome operator may: Make the provision of individual or bundled groundhandling services subject to individual or all of the following limitations:
a)
Provision only in certain aerodrome areas,
b)
Provision only for the use of certain designated handling and equipment storage areas,
c)
the provision of a pre-defined type of production;
d)
Provision by self-employed persons and/or service providers.
The aerodrome operator shall inform the Users ' Committee and the Works Council of the aerodrome operator of its decision taken pursuant to paragraphs 1 and 2, of the intended notice, of the basic features and essential contents of the The application document and the selection procedure proposed by the applicant with the relevant selection criteria.
2.2
Competition
The aerodrome operator shall publish the groundhandling services as defined in 2.1 in the Official Journal of the European Communities so that it is possible for any interested party to submit their application. The publication must include:
a)
the name, address, telephone number, telefax number, telefax number of the flight operator and, where appropriate, of the service from which additional information may be obtained,
b)
Brief description of groundhandling services with the essential limitations,
c)
the possible date of the taking up of the manufacturing activities,
d)
the desired duration of the contract for the completion of the work,
e)
where appropriate, a reference to the catalogue of requirements, specifications and technical specifications,
f)
Deadline for submission of applications for participation in the selection procedure, date of initiation and estimated time of completion of the selection procedure,
g)
information on the way in which the selection procedure is established,
h)
information on which criteria are relevant to the selection,
i)
the award criteria;
j)
other information, such as references,
k)
the date of dispatch of the notice,
l)
Date of receipt of the notice to the Office for Official Publications of the European Communities.
2.3
Selection procedure
(1) The aerodrome operator shall make the application documents available to the appropriate candidates and shall invite them to submit the required documents and particulars within a specified period of time. (2) The application documents must be provided in addition to the information referred to in 2.1 and 2.2 shall also contain information on:
a)
how the selection procedure is defined and
b)
which criteria are relevant to the selection,
c)
the provision of a specified amount of production or income;
d)
In accordance with § 8 (2), the mandatory specification of technical and operational quality requirements, such as for compliance with the minimum connecting time, may be required.
(3) The evaluation and the decision on the exclusion of unsuitable candidates shall be carried out in cases where the aerodrome operator himself provides similar groundhandling services or a company providing such services, , directly or indirectly, or is involved in such a company, by the Authority. Non-eligible candidates shall be informed of their exclusion. Applicants who do not comply with the criteria already published in the pre-information or who do not appear to be able to provide the required handling performance are considered to be unsuitable. (4) In the cases, in where no similar groundhandling services are provided by the operator of the aerodrome, and no undertaking which provides such service is directly or indirectly controlled and in no way participates in such a company, the Flight operator after expiry of the application period the received Applications and submit a list of applicants with submitted documents. A representative of the user committee and a representative of the operating council of the airfield company shall be admitted to the opening. However, these do not have the right to be included in the application documents. The aerodrome operator shall evaluate the applications on the basis of the relevant evaluation criteria set out above. The Users ' Committee shall be consulted. The aerodrome operator shall determine the selection and justify his selection decision. The selection decision shall be notified to the User Committee and the Works Council of the aerodrome undertaking. (5) In cases where the aerodrome operator himself provides similar groundhandling services or a company which has such a The Authority shall, at the end of the application period, open the applications received and submit a list of candidates with submitted documents, whether directly or indirectly mastered or participated in such a company. together. A representative of the airport operator, a representative of the user committee and a representative of the operating council of the aerodrome operator shall be admitted to the opening. However, these do not have the right to be included in the application documents. The Authority shall assess the applications on the basis of the relevant evaluation criteria set out above and shall, after consulting the Users ' Committee, the aerodrome operator and the operating council of the aerodrome operator, take the necessary steps to: Selection decision. The selection decision shall be notified to the Users ' Committee, the aerodrome operator and the candidates. Unofficial table of contents

Appendix 3 (to § 8)
Requirements for the provision of groundhandling services

Source of the original text: BGBl. I 1997, 2890-2892;
with regard to of the individual amendments. Footnote
1.
Scope
The "requirements for the provision of groundhandling services" shall apply to all operators who, as service providers or self-handlers, wish to provide or provide ground handling services on an airport.
2.
Requirements for suppliers of groundhandling services
A.
Reliability, financial performance, professional competence and acquisition of employees
(1) The trader and the persons appointed to manage the transactions shall be reliable.
The reliability shall be given if the contractor and the persons appointed to manage the transactions are responsible for ensuring that the holding is carried out in accordance with the statutory provisions and that the employees and the general public are the operation of the undertaking shall be preserved from damage and hazards.
The reliability is to be negated
a)
in the case of a final conviction for serious breaches of criminal law, including economic criminal law;
b)
in the case of serious and repeated infringements of duties, employment protection or social law obligations, provisions adopted in the interests of transport and operational safety or environmental protection provisions.
(2) The financial capacity of the undertaking must be ensured.
The financial capacity shall be guaranteed if the necessary resources are available for the holding and proper management of the holding.
In particular, financial capacity shall not be guaranteed if:
a)
there are substantial arrears of taxes or social security contributions due to entrepreneurial activity;
b)
the aerodrome operator shall be faced with significant arrears of fees or charges, rents, pachts or other payment obligations arising from the use of the aerodrome and its facilities, including the Start/runway system, or due to the contractual gestation of the provision of ground handling services.
(3) The contractor or the persons appointed to manage the transactions must be technically suitable.
It is technically suitable for those who have the knowledge necessary for the proper management of a ground handling company.
A professional qualification can either:
a)
by examination of the Chamber of Commerce and Industry 'Certified Aeroplane' and at least two years ' managerial activity in a company which provides groundhandling services, or
b)
qualification comparable to the examination contents of the Chamber of Industry and Commerce and at least two years of senior management in a company which provides groundhandling services; or
c)
at least five years of senior activity in a company which provides groundhandling services;
(4) The conditions laid down in paragraphs 1 to 3 shall be deemed to be fulfilled in the case of aerodrome operators by granting the operating licence. (5) The evidence of paragraphs 1 to 3 shall be provided by the other service providers and by the To present self-handlers in a suitable form when taking part in the selection procedure in accordance with § 7 (1) and (3). They shall be attached to the contracts as part of the contract in accordance with Section 9 (1). The aerodrome operator shall be entitled, during the term of the contract in the case of changes in personnel or in the case of justified doubts concerning the reliability and the information on the professional suitability, to further appropriate evidence, in the case of justified reasons. (6) In the event of errors or omission of the conditions set out in paragraphs 1 to 3, it is to be assumed that the proper operation of the operation is at risk. § 10 shall apply. (7) (omitted)
B.
Request for the operation and use of the employees
(1) The providers of groundhandling services shall, in accordance with the classification by the aerodrome operator, comply with the public service obligation laid down in the legislation and regulations, and in particular: Operating duty to participate. The framework for this participation shall be subject to the requirements of the obligation. The division by the aerodrome operator must be carried out in a non-discriminatory, objective and transparent manner. (2) Service providers and self-handlers shall be obliged to apply existing environmental regulations as well as official regulations, in particular: To comply with approvals and plan findings. The aerodrome operator shall be obliged to inform the other service providers and the self-handlers of the relevant provisions and regulations which are known to him, as well as the modification thereof, or to reimburse them for reimbursement of the costs. (3) To ensure that service providers and self-handlers have to ensure that their employees are aware of and comply with the safety regulations and official safety regulations at the airport, to the extent that this is necessary for the performance of their activities is necessary. They must also ensure that there is sufficient command of the German language in the case of the staff concerned. They shall also form their employees at least within the framework of the manner in which they are assigned to their employees by the respective aerodrome operator in the case of related activities. (4) The operation and handling of handling equipment and technical equipment Equipment in the handling area may be carried out exclusively by certified aircraft handlers or employees with equivalent knowledge and skills. (5) Compliance with the Air Transport Act and the Regulations adopted thereto, and the industrial order must be ensured. The same applies to the mandatory provisions of labour law and labour protection regulations, such as the Labour Protection Act and the legal regulations issued on its basis, the Labour Security Act, the Working Time Act, and the German Labour Code. The Youth Employment Protection Act, the Labour Regulation, the Hazardous Substances Ordinance and the Accident Prevention Regulations, in particular the VBG 78 and the GUV 5.8. (6) Prior to the commence of ground handling activities in accordance with Appendix 1, the to demonstrate the completion of civil liability insurance; which covers the liability of the service provider or self-employed person for compensation for such damages, which must be inflicted on another by the service provider in the performance of the service. If the service provider or self-employed person serves the purpose of carrying out his duties by another service provider, he must prove that he has the necessary liability insurance cover. If the liability of the service provider or self-employed person is already covered by insurance which the user maintains, the service provider or self-employed person may also comply with his obligation according to the first sentence by proof of this insurance policy. If the liability of the service provider or self-employed person is already covered by insurance which the aerodrome operator maintains, the proof in accordance with the first sentence is not required. (7) The insurance to be referred to in accordance with paragraph 6 must be provided by the insurance company. Appropriate coverage of each associated risk. The minimum insurance sum shall be
1.
EUR 5 million for the services referred to in points 1.1 and 1.3 of Appendix 1 and, where they are not carried out in the non-generally accessible area or in the safety area of the aerodrome, for services according to paragraphs 1 and 2 1.2, 1.4, 2, 4.1 and 4.2, 8.1 to 8.3, 9.1 to 9.4, 10.1 and 10.2, and 11.1 to 11.4 of Appendix 1,
2.
EUR 50 million for the services referred to in points 1.2, 1.4, 2, 9.1 to 9.4, 10.1 and 10.2 and 11.1 to 11.4 of Appendix 1 to the extent that they are carried out in the non-generally accessible area or in the security sensitive area;
3.
EUR 100 million for services provided for in paragraphs 3, 5.1 to 5.7, 6.1 to 6.3 and 8.4 of Appendix 1 and, insofar as they are carried out in the non-generally accessible area or in the security sensitive area, for services in accordance with Points 4.1 and 4.2 and 8.1 to 8.3 of Appendix 1,
4.
EUR 375 million for services referred to in points 7.1 and 7.2 of Appendix 1.
The areas of an airport which are not generally accessible and sensitive to security are determined by the rules of airport use or by the air safety plan. (8) The existence of the insurance referred to in paragraphs 6 and 7 shall be the Aircraft operators shall be required to prove each year by 15 January of each year. The insurer and the insurer shall have every interruption of the insurance cover to the airport operator, as well as any termination of the insurance relationship for the liability insurance of the service provider or self-employed person. without delay. In the event of termination of the insurance relationship or the missing or non-timely proof of insurance, the airport operator shall be obliged to establish its contractual relationship with the service provider or self-employed person (9) Following the selection of a groundhandling service provider in accordance with Section 7 (1) sentence 3 by the approval authority, paragraph 6 shall apply mutagens. (10) In justified individual cases, a deviation from individual requirements of the Mandatory specifications are agreed if this does not discriminate according to . (11) Technical specifications for handling equipment, vehicles used in the field of aerodrome and means of communication, or interfaces for use. Central infrastructure facilities can be placed as additional requirements. In duly substantiated individual cases, a derogation from individual specifications of these technical specifications may be agreed, provided that this does not constitute discrimination. (12) The aerodrome operator may require appropriate security deposits or collateral from service providers and self-handlers, as well as financial or financial services. the conditions of payment, without resulting in obstacles to the entry of the market. Unofficial table of contents

Appendix 4 (to § 5)
Requirements for a Rules of Procedure for the Users ' Committee

Source of the original text: BGBl. I 1997, 2892-2893
The Rules of Procedure, which are to be given to the Users ' Committee of an aerodrome pursuant to Article 5 (1), have the following principles to be complied with:
1.
Tasks of the Users ' Committee
1.1
The Users ' Committee shall carry out the tasks assigned to it in accordance with the ground handling service regulation.
1.2
Matters are dealt with by decision-making in a user's assembly.
1.3
If no decision is taken in spite of a proper supply of a decision to the Committee on Users, this shall be deemed to be an agreement to the draft decision.
2.
Members of the Users ' Committee
2.1
A member of the Users ' Committee shall be any user who transports passengers, mail or cargo on the airway from or to that airfield.
2.2
An operator in accordance with 2.1 who operates exclusively aircraft of less than 10 tonnes of maximum takeoff weight or without a motor drive or with less than 20 seats, or less than 10 take-offs or less than 10 tonnes of aircraft. Landings at this aerodrome within the last completed flight plan period may only be represented by a common representative. He is a member of the Users ' Committee.
2.3
Any Member may decide whether to have it represented at the meetings of the Committee. Members or aviation organisations can be entrusted with the task of representing them. A representative shall not be allowed to unite more than 49 from the hundred of the votes.
3.
Organization
3.1
The meetings of the User Committee shall be held by the Chairperson or headed by his deputy in the event of an obstacle.
3.2
The Chairperson and two alternates shall be elected by the members from their centre for two years each. They represent the Users ' Committee with respect to third parties.
3.3
The responsible organiser for the implementation of the meetings of the Users ' Committee shall be the Authority or the aerodrome operator, insofar as the Authority has delegated these tasks to the Authority.
3.4
The organiser is responsible for drawing up the invitation, the agenda and the minutes of the meetings of the Users ' Committee, as well as for the provision of the meeting room. The invitation to the meetings shall be made in writing with a time limit of three weeks, unless the chairman considers that a shorter time limit is required. The date of the sitting shall be fixed in agreement with the Chairman. The minutes shall be signed by the head of the meeting.
3.5
The meeting of the user committee shall be convened by the organiser at least once a year. It must be convened by the organiser if:
-
the involvement of the Users Committee in accordance with 1.1 is required, or
-
shall be required in writing, stating the purpose and reasons of more than one quarter of the members of the Users ' Committee, or
-
the chairman, for other reasons, considers that the convening is necessary.
4.
Decision-making
4.1
Decisions, including elections, may be taken only if the planned decision-making has been announced in advance on the agenda.
4.2
The Users ' Committee shall be quorum if more than half of its members are represented at the meeting.
4.3
If a quorum is not present, the chairman shall convene a new meeting with the same item. This is quorum, regardless of the number of members who have been published.
4.4
Decisions on the election of the chairman and his substitutes and on the Rules of Procedure shall be taken by a majority of the votes of the members of the Users ' Committee. Amendments to the Rules of Procedure shall require the approval of two-thirds of the members. In the case of a decision on the Rules of Procedure, a representation other than the representation in accordance with 2.2 shall not be admissible.
4.5
All other decisions shall be taken on the basis of voting rights, the weighting of which shall be based on the share of the corresponding user in the total volume of traffic in the last completed flight period of this aerodrome. A single user or a member in accordance with 2.2 may not be more than 49 per cent of the voting shares per se. The details of the user committee are to be specified.
5.
Cost
5.1
Each member shall bear his own costs. The outlays for organisation, templates and settlement are to be applied to the members. The user committee will be responsible for further details on the transfer procedure.
6.
User committees at smaller airports The competent aviation authorities may, in the case of airports with less than 2 million passengers a year, make simplified rules to ensure the rights of users in other ways. These rules must comply with the requirements of the ground handling service regulation and the requirements set out above in respect of a point of order.
Unofficial table of contents

Annex 5 (to § 3 para. 2)

Source of the original text: BGBl. I 1997, 2893-2899;
with regard to of the individual amendments. Footnote The number of self-handlers and third parties to be allocated shall be fixed at the airport Frankfurt (FRA) for the following groundhandling services (according to Appendix 1):
Service in accordance with Annex 1 Number of self-manufactured number of third parties
3 Baggage handling 2 2
4 Freight and mail handling (carriage between airfield and aircraft) 2 2
5.1 Lotsen 2 2
5.2 Support when parking 2 2
5.3 Communications Aircraft/Cutters 2 2
5.4 Loading and unloading as well as transport crew/passenger/luggage 2 2
5.5 Start/Engine 2 2
5.6 Move the aircraft/Deploy 2 2
5.7 Transportation, charging/charging of food/drinks unlimited
7 Refuelling services unlimited


The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-handlers and third parties to be allocated shall be fixed at the Munich Airport (MUC) for the following groundhandling services (according to Appendix 1):
Service in accordance with Annex 1 Number of self-manufactured number of third parties
3 Baggage handling 2 2
4 Freight and mail handling (carriage between airfield and aircraft) 2 2
5.1 Lotsen 2 2
5.2 Support when parking 2 2
5.3 Communications Aircraft/Cutters 2 2
5.4 Loading and unloading as well as transport crew/passenger/luggage 2 2
5.5 Start/Engine 2 2
5.6 Move the aircraft/Deploy 2 2
5.7 Transportation, charging/charging of food/drinks 4 4
7 Refuelling services 2 2


The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-handlers and third parties to be allocated is set at the DUS airport for the following groundhandling services (according to Appendix 1), as defined in each case:
Service in accordance with Annex 1 Number of self-manufactured number of third parties
3 Baggage handling 2 2
4 Freight and mail handling (carriage between airfield and aircraft)
4.1 In respect of cargo without customs warehousing 2 2
4.2 in relation to mail Pobar production is not required
5.1 Lotsen 2 2
5.2 Support when parking 2 2
5.3 Communications Aircraft/Cutters unlimited 6
5.4 Loading and unloading as well as transport crew/passenger/luggage 2 2
5.5 Start/Engine 2 2
5.6 Move the aircraft/Deploy 2 2
5.7 Transportation, charging/charging of food/drinks 2 4
7 Refuelling services
7.1 Loading and unloading 2 4
7.2 Refilling of oil and other liquids unlimited unlimited


The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-handlers and third parties to be allocated shall be fixed at the airport Berlin-Tegel (TXL) at the following ground handling services (according to Appendix 1):
------------------------------------------------------------------------ 
I Service in accordance with Appendix 1 I Number I Number I
I I Self-ferructed I Third-party I
I ---------------------------------------------------------------------- I
I 3 Baggage handling I 2 I 2 I
I ---------------------------------------------------------------------- I
I 4 Freight and post-processing I 2 I 2 I
I (Transport between I I I
I Airfield and aeroplane) I I I
I ---------------------------------------------------------------------- I
I 5.1 Lotsen I) I) I
I --------------------------------- I) I) I
I 5.2 Parken I support) I) I
I --------------------------------- I) I) I
I 5.3 Communications Aircraft/I) I) I
I Abfertiger I) I) I
I --------------------------------- I) 2 I) 2 I
I 5.4 loading and unloading and I) I) I
I transport crew/I) I) I
I Passenger/Luggage I) I) I
I --------------------------------- I) I) I
I 5.5 Anclasses/engines I) I) I
I --------------------------------- I) I) I
I 5.6 Move of the aircraft/I) I) I
I Provide I) I) I
I ---------------------------------------------------------------------- I
I 5.7 Transport, inlet/outlet I 2 I 3 I
I of Food n/ I I I
I beverages I I I
I ---------------------------------------------------------------------- I
I 7 refuelling services I 2 I 8 I
------------------------------------------------------------------------

The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-handlers and third parties to be allocated shall be determined at the airport Hamburg (HAM) at the following ground handling services (according to Appendix 1):
Service in accordance with Annex 1 Number of self-manufactured number of third parties
3 Baggage handling 2 2
4 Freight and mail handling (carriage between airfield and aircraft)
4.1 in relation to cargo 2 2
4.2 in relation to mail 2 2
5.1 Lotsen 2 2
5.2 Support when parking 2 2
5.3 Communication Aircraft/Service Provider unlimited
5.4 Loading and unloading as well as transport crew/passenger/luggage 2 2
5.5 Start/Engine 3 2
5.6 Move the aircraft/Deploy 2 2
5.7 Transportation, charging/charging of food/drinks unlimited unlimited
7 Refuelling services 2 2


The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-handlers and third parties to be allocated shall be fixed at Stuttgart Airport (STR) in the following ground handling services (according to Appendix 1):
Service in accordance with Annex 1 Number of self-manufactured number of third parties
3 Baggage handling 2 2
4 Freight and mail handling (carriage between airfield and aircraft)
4.1 Freight 2 2
4.2 Post 2 2
5.1 Lotsen 2 2
5.2 Support when parking 2 2
5.3 Communications Aircraft/Cutters unlimited unlimited
5.4 Loading and unloading as well as carriage of passengers/luggage 2 2
with the exception of crew unlimited unlimited
5.5 Start/Engine 2 2
5.6 Move the aircraft/Deploy 2 2
5.7 Transportation, charging/charging of food/drinks unlimited unlimited
7 Refuelling services
7.1 Loading and unloading 2 3
7.2 Refill oil and other liquids 2 3


The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-handlers and third parties to be allocated shall be determined at the Cologne-Bonn Airport (CGN) at the following ground handling services (according to Appendix 1):
Service in accordance with Annex 1 Number of self-manufactured number of third parties
3 Baggage handling 2 2
4 Freight and mail handling (carriage between airfield and aircraft) 2 2
5.1 Lotsen 2 2
5.2 Support when parking 2 2
5.3 Communications Aircraft/Cutters 2 2
5.4 Loading and unloading as well as transport crew/passenger/luggage 2 2
5.5 Start/Engine 2 2
5.6 Move the aircraft/Deploy 2 2
5.7 Transportation, charging/charging of food/drinks 2 2
7 Refuelling services 2 2


The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-handlers and third parties to be allocated shall be fixed at the Hanover Airport (HAJ) for the following groundhandling services (according to Appendix 1):
Service in accordance with Annex 1 Number of self-manufactured number of third parties
3 Baggage handling 2 2
4 Freight and mail handling (carriage between airfield and aircraft) 2 2
5.1 Lotsen 2 2
5.2 Support when parking 2 2
5.3 Communications Aircraft/Cutters 2 2
5.4 Loading and unloading as well as transport crew/passenger/luggage 2 2
5.5 Start/Engine 2 2
5.6 Move the aircraft/Deploy 2 2
5.7 Transportation, charging/charging of food/drinks 2 3
7 Refuelling services 2 8


The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-handlers and third parties to be allocated shall be fixed at the Nuremberg airport (NUE) for the following groundhandling services (according to Appendix 1):
------------------------------------------------------------------------ 
I Service in accordance with Appendix 1 I Number I Number I
I I Self-ferructed I Third-party I
I ---------------------------------------------------------------------- I
I 3 Baggage handling I 2 I 2 I
I ---------------------------------------------------------------------- I
I 4 Freight and post-processing I 2 I 2 I
I (Transport between I I I
I Airfield and aeroplane) I I I
I ---------------------------------------------------------------------- I
I 5.1 Lotsen I 2 I 2 I
I ---------------------------------------------------------------------- I
I 5.2 Parken I support) I) I
I --------------------------------- I) 2 I) 2 I
I 5.3 Communications Aircraft/I) I) I
I Abfertiger I) I) I
I ---------------------------------------------------------------------- I
I 5.4 loading and unloading and I 2 I 2 I
I Transport Crew/I I I
I Passenger/Luggage I I I
I ---------------------------------------------------------------------- I
I 5.5 Antracts/engines I 2 I 2 I
I ---------------------------------------------------------------------- I
I 5.6 Move of the aircraft/I 3 I 3 I
I Provide I I I
I ---------------------------------------------------------------------- I
I 5.7 Transport, inlet/outlet I 4 I 4 I
I of Food n/ I I I
I beverages I I I
I ---------------------------------------------------------------------- I
I 7 refuelling services I 3 I 3 I
------------------------------------------------------------------------

The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-employed persons and third parties to be allocated shall be determined at Leipzig airport (LEJ) for the following groundhandling services (according to Appendix 1):
Service in accordance with Annex 1 Number of self-manufactured number of third parties
3 Baggage handling 2 2
4 Freight and mail handling (carriage between airfield and aircraft) unlimited unlimited
5.1 to 5.6 Pre-Field Services unlimited unlimited
5.7 Transportation, charging/charging of food/drinks 2 2
7 Refuelling services unlimited unlimited


The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-handlers and third parties to be allocated shall be determined at the airport Berlin-Schönefeld (SXF) for the following ground handling services (according to Appendix 1):
1 *) Service in accordance with Annex 1 Number of self-fertile numbers Third-off
3 Baggage handling 2 2
4 Freight and mail handling (carriage between airfield and aircraft) 2 2
5.1 to 5.6 Pre-Field Services 2 2
5.7 Transportation, charging/charging of food/drinks unlimited unlimited
7 Refuelling services unlimited unlimited
1 *)
Note: Third-party provisions only apply from 2001 onwards.


The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-handlers and third parties to be allocated shall be determined at the airport Dresden (DRS) at the following ground handling services (according to Appendix 1):
2 *) Service in accordance with Annex 1 Number of self-fertile numbers Third-off
3 Baggage handling unlimited 2
4 Freight and mail handling (carriage between airfield and aircraft) unlimited 2
5 Pre-Field Services unlimited 2
7 Refuelling services unlimited 2
2 *)
Note: Third-party provisions only apply from 2001 onwards.


The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-handlers and third parties to be allocated shall be fixed at the airport of Bremen (BRE) for the following groundhandling services (according to Appendix 1):
3 *) Service in accordance with Annex 1 Number of self-fertile numbers Third-off
3 Baggage handling 2 2
4 Freight and mail handling (carriage between airfield and aircraft) 2 2
5.1 Lotsen 2 2
5.2 Support when parking 2 2
5.3 Communications Aircraft/Cutters unlimited
5.4 Loading and unloading as well as transport crew/passenger/luggage 2 2
5.5 Start/Engine 2 2
5.6 Move the aircraft/Deploy 2 2
5.7 Transportation, charging/charging of food/drinks 3 3
7 Refuelling services 2 3
3 *)
Note: Third-party provisions only apply from 2001 onwards.


The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-handlers and third parties to be delivered shall be determined at the airport Münster/Osnabrück (FMO) at the following ground handling services (according to Appendix 1):
Service in accordance with Annex 1 Number of self-manufactured number of third parties
3 Baggage handling unlimited Not applicable
4 Freight and mail handling (carriage between airfield and aircraft) unlimited Not applicable
5.1 Lotsen unlimited Not applicable
5.2 Support when parking unlimited Not applicable
5.3 Communications Aircraft/Cutters unlimited Not applicable
5.4 Loading and unloading as well as transport crew/passenger/luggage unlimited Not applicable
5.5 Start/Engine unlimited Not applicable
5.6 Move the aircraft/Deploy 3 Not applicable
5.7 Transportation, charging/charging of food/drinks 3 Not applicable
7 Refuelling services 3 Not applicable


The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.
The number of self-handlers and third parties to be delivered shall be determined at the airport Berlin-Tempelhof (THF) at the following ground handling services (according to Appendix 1):

(dropped)

4 *)
Note: Third-party provisions only apply from 2001 onwards.


The stated definitions of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not set or the access is not open in detail on the basis of other provisions of the ground handling service regulation.