Regulation Concerning Groundhandling 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 delivery service regulation of 10. December 1997 (BGBl. 2885), as last amended by Article 1 of the Regulation of 10 June 2008. May 2011 (BGBl. I p. 820) "

:Last modified by Art. 1 V v. 10.5.2011 I 820

For details, see Notes

Footnote

(+ + + Text evidence: 17.12.1997 + + +)
(+ + + Amcial). Note from the norm provider to EC law:
Implementation of the
EGRL 67/96 (CELEX Nr: 396L0067) + + +)

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

§ 1 Scope of application

(1) This Regulation applies to access to the ground handling services market in aerodros The Federal Republic of Germany in accordance with the following procedures:
1.
The provisions for self-handling shall apply from 1. 1 January 1998, in so far as the groundhandling services referred to in Article 3 (2) are concerned, for each aerodrome, irrespective of the volume of traffic and, in so far as the groundhandling services referred to in Article 3 (2) are concerned, for such aerodrots, which has at least one million passengers or 25,000 tonnes of freight per year.
2.
The provisions for service providers apply from 1. The European Parliament and the Council of the European Union, the European Parliament and the Council of the European Union, will be in the process of meeting the following: April, or 1. 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 paragraph 1, this Regulation as from 1. January 2001 for each aerodrome, which has at least two million passengers or 50,000 tonnes of freight per year.
4.
A aerodrome is one of the However, the provisions of this Regulation shall not apply to the groundhandling services reserved for passengers alone.
5.
style="font-weight:normal; font-style:normal; text-decoration:none;"> The regulation of § 6 (1) sentence 2 shall apply from the first sentence of the first sentence. 1 January 1998.
(2) In the case of an airport system, this Regulation shall be applied separately to each of the airports. The relevant version of Annex II to Council Regulation (EEC) No 2408/92 of 23 May 1992 is applicable in each case. 1 July 1992 (OJ L 327, EC No 8) on access for Community air carriers to intra-Community air routes. Non-official table of contents

§ 2 Definitions

For the purposes of this Regulation, the word
1.
Airfield: any commercial airfield approved for general traffic with commercial Air transport,
2.
Aviation Authority: the competent authority according to the respective rules,
3.
Users: any natural or legal person who transports passengers, mail, or cargo by air from or to the airfield in question,
4.
ground-handling services: the service provided to a user at an airfield, according to Appendix 1,
5.
Services: any natural or legal person, including the airfield operator who provides one or more groundhandling services to third parties,
6.
Self-handling: the fact that a user himself is directly responsible for one or more groundhandling services, without a third party to a contract for the the provision of such services. For the purposes of this definition, third parties shall not be considered to be third parties in relation to each other, one of whom holds a majority stake or in which one and the same body shall have a majority stake in each of them ,
7.
Third country: any State which is neither a Member State of the European Union nor a State Party to an agreement with the European Union concerning air transport
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§ 3 Ground handling services

(1) The aerodrome operator has self-handlers and service providers Provision of groundhandling services.(2) In the case of baggage handling, pre-field services, refuelling services and freight and mail handling, insofar as these are the concrete transport of cargo and mail between the airfield and the aircraft upon arrival, departure or arrival As regards transit, the number of self-employed persons and service providers authorised to take part in Annex 5 is the number of persons entitled to transit. 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 shall be made available to the ground handling services.(3) No later than 1. In January 2001, the provision of the groundhandling services referred to in paragraph 2 shall be made possible for at least one service provider not by the operator of the aerodrome, or by a user who has more than 25 per cent of the aircraft on the airport. to registered passengers or cargo, or to be 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 case of special grounds or capacity reasons, in particular in relation to the traffic density and the level of use of the land on a aerodrome, it may be possible for the groundhandling services referred to in paragraph 2 to be removed from the ground handling services referred to in paragraph 2. shall be reserved for only service providers. For the reasons set out in the first sentence, self-handling may also be prohibited or reserved for a single user.In the case of groundhandling services other than those referred to in paragraph 2, the number of self-handlers and service providers may be limited to not less than two in the case of the reasons set out in the first sentence of paragraph 4.(6) Restrictions referred to in the first sentence of paragraph 4 shall be limited to two years, the restrictions referred to in the second sentence of paragraph 4 and the third sentence of paragraph 5 shall be three years.(7) Restrictions referred to in the first sentence of paragraph 4 may be renewed once for a further two years, restrictions in accordance with the second sentence of paragraph 4 and in accordance with paragraph 5 by three years.(8) The arrangements referred to in paragraph 3 may be up to 31 December 2008. It will be suspended in December 2002.(9) The restrictions referred to in paragraphs 4 and 5, the renewal of the restrictions referred to in paragraph 7 and the suspension referred to in paragraph 8 shall be subject to the prior consent of the European Commission. The agreement shall be approved by the Federal Ministry of Transport, Building and Urban Development 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 January 2008. 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. Non-official table of contents

§ 4 Separation of activity areas

(1) Each service manager must have ground handling services between the activities a strict accounting separation in accordance with the customs and customs of trade in an aerodrome and its other areas of activity. 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. are connected at this airfield, subsidized.(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. Non-official table of contents

§ 5 User Committee

(1) The Users ' Committee is made up of the users of an airfield. The Users ' Committee shall adopt its rules of procedure. The principles set out 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. Non-official table of contents

§ 6 Central infrastructure facilities

(1) In the airfield use order, the central Infrastructure facilities for the provision of groundhandling services, which, due to their complexity or for reasons of cost or environmental protection, cannot be shared or can be created in multiple execution. The Users ' Committee shall be given the opportunity to comment. The central infrastructure facilities are managed and operated by the airfield operator or by one of his representatives.(2) The rules governing the use of the aerodrome can be such that the service providers and the self-handlers have to use the central infrastructure facilities.(3) The use of the central infrastructure facilities may 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. Non-official table of contents

§ 7 Selection of service providers and the self-handlers

(1) In the cases of § 3 (2) to (5), the aerodrome operator shall to issue 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 consultation of 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 ground handling services without having to undergo the selection procedure referred to in paragraph 1. It may also, without this procedure, allow a service provider to provide, instead of its groundhandling services, if it is directly or indirectly controlled by the service provider or is directly or indirectly controlled by that service provider.(3) In the cases referred to in Article 3 (2) to (5), the self-handlers shall be selected on the basis of objective, objective, transparent and non-discriminatory criteria. The provisions of the second sentence of paragraph 1 shall apply mutatily. 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 apply mutagenic to the first sentence of the first sentence of paragraph 1.(4) The service providers and the self-handlers shall be selected for a maximum period of seven years.(5) Where 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 establish his groundhandling activities before the end of the period for which he or she 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. Non-official table of contents

§ 8 Request criteria

(1) Service providers and self-handlers have the " requirements for the provision of Ground handling services " (Appendix 3). In the cases of § 3 (2) to (5), these requirements are part of the tender procedure and the selection procedure in accordance with § 7.(2) In addition, the Authority may make the provision of groundhandling services subject to compliance with the requirements of a specifications or technical specifications. The Users ' Committee shall be consulted prior to their adoption.The requirements, criteria, operational requirements and technical specifications laid down in paragraphs 1 and 2 shall be put together and applied objectively, objectively, transparently and non-discriminationally. They must be made known in advance by the aerodrome operator.(4) Service providers and self-handlers who fulfil the conditions set out in paragraphs 1 to 3 shall endeavour to cover their labour needs with persons directly prior to the reception of groundhandling services by the service provider. or self-handling activities in the case of the operator of the aerodrome. Non-official table of contents

§ 9 Access

(1) The aerodrome operator and the service provider or self-employed person are obliged to enter into a contract for the use of the necessary and available part of the aerodrome and its facilities, as well as the charges to be paid to the operator under this Regulation, and the charges referred to in paragraph 8 by the service provider or the self-employed person to complete fulfilling requirements.2. The aerodrome operator shall ensure that the access of the service providers and users authorised under this Regulation to aerodrome facilities, where necessary for the performance of their activities, is not unjustifiably disabled. If the operator of the aerodrome is to have access to conditions, they must be objectively, objectively, transparent and non-discriminatory.(3) The aerodrome operator shall be entitled to charge the service providers and the self-handlers for access, for the maintenance 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, in particular for the self-financing of the aerodrome contribute. Non-official table of contents

§ 10 Supervision and operational flow, labor protection

(1) Users, service providers, and self-handlers have their operations in order to ensure that the proper operation at the airport is not affected.(2) The aerodrome use rules may specify that the aerodrome operator is entitled to do so in cases where the operation at the airport is threatened by a behaviour attributable to a service provider or a self-employed person; or , or if the requirements of § 8 are not fulfilled, the necessary measures must be taken. The relevant service provider or self-handlers shall be given the opportunity to submit their comments. This shall not affect the right of the 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 surveillance according to § 29 (1) of the Aviation Act remain unaffected.(4) Obligations that have to be carried out by a flight operator, a service provider or a self-employed person in order to ensure the safety and health of workers at work in accordance with other legislation shall remain unaffected. Non-official table of contents

§ 11 Consultation

The aerodrome operator holds a joint consultation at least once a year on the application of this Regulation, together with the Users ' Committee and the service providers operating at the airport, with the participation of the operating council of the aerodrome operator and the . href="index.html#BJNR288510997BJNE001202308"> Unofficial table of contents

§ 12 reciprocity

(1) It is found that a third country is a service provider and a self-employed person whose business is majority owned by nationals of the Member States of the European Union, of law, or indeed
1.
not in a of this Regulation, or
2.
Unfavourable than domestic service providers and self-handlers, or
3.
Unfavourable as a service provider 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, fulfil the obligations arising from the provisions of Council Directive 96 /67/EC of the European Parliament and of the Council of 15 June 2000 on the implementation of the The Commission shall, in accordance with Community law, suspend in whole or in part in accordance with the provisions of Community law, in October 1996.(3) The Federal Ministry of Transport, Building and Urban Development shall inform the Commission of the nature and extent of the decision of the European Communities. Non-official table of contents

§ 13 Information

(1) The aviation authority reports to the Federal Ministry for Transport, Building and Urban Development the following: this Regulation shall be subject to the provisions of this Regulation. June each year, with information on the respective passenger and freight volumes of the previous calendar year and of the 1. April and 1. The six-month period prior to October of the previous year.(2) The Authority shall provide the Federal Ministry of Transport, Building and Urban Development with information at its request which the Commission of the European Communities shall provide for the preparation of a report on the application of the Council Directive 96 /67/EC.(3) The aerodrome operator shall be obliged to provide the Authority with the information and documentation required under paragraph 2. Non-official table of contents

Appendix 1 (to § 2 No. 4)
Directory of ground handling services

Location of the original text: BGBl. I 1997, 2888-2889
1.
The administrative handling on the ground/monitoring includes:
1.1
the representation at and connections to the local authorities and other bodies, the outlays on behalf of the user and the provision of premises for his/her Representatives,
1.2
the control of loading, communications, and telecommunications,
1.3
the handling, storage, handling, and management of the charges,
1.4
all other Surveillance services before, during and after the flight, as well as any other administrative services requested by the user.
2.
The handling of the aircraft 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 systems.
3.
The baggage handling includes the handling of the luggage in the sorting room, the sorting of the luggage, its preparation for the departure, the loading and unloading operations, and the handling of the baggage. Unloading of the vehicles or equipment 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 output space.
4.
The cargo and mail handling includes:
4.1
with regard to cargo: import and export as well as during the handling of the cargo, the processing of the relevant documents, the customs formalities and any necessary safeguards agreed between the parties;
4.2
in relation to the post: at the entrance and exit the handling of the mail, the processing of the relevant documents and all agreed between the parties or for the sake of circumstancations.n.
5.
The front-field services include:
5.1
the pilot of the Aircraft on arrival and departure * 1),
5.2
support when parking the aircraft and providing the appropriate means * 1),
5.3
the communication between the airplane and the service provider that provides pre-field services * 1),
5.4
the loading and unloading of the aircraft, including the provision and use of the necessary equipment, as well as the carriage of the crew and passengers between the aircraft and the aircraft. Terminal building, as well as the carriage of luggage between the aircraft and the terminal building,
5.5
the support for the start-up of the engines and the provision of the corresponding means,
5.6
moving the aircraft during departure and upon arrival, providing and using the necessary means,
5.7
the promotion, loading and loading of the food and drinks in the from the plane.
6.
The cleaning services and the aircraft service include:
6.1
the inside and outside 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 airplane, the de-icing of the Aircraft,
6.3
the equipment of the cabin with the appropriate on-board equipment and its storage.
7.
The refuelling services include:
7.1
the organization and execution of the loading and unloading including storage, quality and quantity control of deliveries,
7.2
refilling of oil and other liquids.
8.
The station maintenance services include:
8.1
the routine pre-flight operations,
8.2
special activities requested by the user,
8.3
the maintenance and management of the maintenance material and spare parts,
8.4
holding a parking position and/or a hall to perform maintenance.
9.
The flight operations and crew services include:
9.1
the preparation of the flight at the departure airport or elsewhere,
9.2
the assistance during the flight, including, if necessary, a change in the flight path during the flight,
9.3
the post-flight services,
9.4
general assistance services for the crew.
10.
The transport services on the floor include:
10.1
the organization and handling of the transport of Passengers, crew, luggage, cargo and mail between different terminal buildings of an aerodrome, but not transport between the aircraft and another location on the site of the same aerodrome,
10.2
all special transport services requested by the user.
11.
The catering services (catering) include:
11.1
the connections with the suppliers and the administration,
11.2
Storage of food, beverages and accessories required for the preparation,
11.3
cleaning of accessories,
11.4
the preparation and delivery of the food and drink as well as the appropriate accessories.
----------
* 1)
Insofar as these services are not provided by the air traffic control service or a central pre-field control
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Appendix 2 (to § 7)
Selection-Policy of the Federal Ministry of Transport, Building and Urban Development

Source of the original text: BGBl. I 1997, 2889-2890;
of the individual amendments, cf. Footnote
1.
Principles
(1) This selection policy is then if, due to limited possibilities of ground handling, not all interested service providers are able to operate, the groundhandling services are therefore to be written out and a selection is to be made among the candidates (§ 7 para. 1 i.V.m. § 3 (2) to (5)). It can also 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, transparently and non-discriminatingly.(3) The User Committee and the Works Council of the respective aerodrome shall be informed of the selection decision.
2.
Method
2.1
Setting ground handling services by type and scope
(1) The Aerodrome operators shall determine the type and extent of the groundhandling services which it opens up to the ground handling services market in accordance with § 7. It may also make use of the bundling of groundhandling services listed in Appendix 1 if it appears to be operational or if it is necessary for the efficient use of the handling capacity.(2) The aerodrome operator may make the provision of the individual or bundled groundhandling services subject to individual or all of the following limitations:
a)
Delivery only in certain aerodrome areas,
b)
Delivery only when using certain specified finishing and equipment parking spaces,
c)
Delivery of a given type of handling,
d)
Self-handling and/or self-handling Service provider.
(3) The aerodrome operator shall inform the user 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 broad guidelines and of the information provided for in the contract. the main content of the application document as well as the selection procedure proposed by the applicant, with the relevant selection criteria.
2.2
Participation competition
The aerodrome operator has to publish the groundhandling services as defined in 2.1 in the Official Journal of the European Communities, so that it is is made possible for anyone interested to apply. The publication must include:
a)
Name, address, telephone, telegraph, telex and telex. Telefax number of the flight operator and, where appropriate, the service from which additional information may be obtained,
b)
Short description of the Groundhandling services with the essential limitations,
c)
possible time to take down the manufacturing activity,
d)
Intended contract duration for the finish work,
e)
if necessary, note Requirements Catalogue, specifications and technical specifications,
f)
deadline for submission of applications to participate in the selection process, date of introduction, and estimated time of completion of the selection procedure,
g)
Details of how the selection procedure is set,
h)
Details of which criteria are relevant to the selection,
i)
award criteria,
j)
other details, such as references,
k)
Day of dispatch of the notice,
l)
The date of receipt of the notice by the Office for Official Publications Publications of the European Communities.
2.3
Selection procedure
(1) The aerodrome operator shall provide the appropriate candidates with the application documents. , and invites them to provide the necessary evidence and information within a specified time limit.(2) The application documents must include, in addition to the information specified in 2.1 and 2.2, information on the application,
a)
how the selection procedure is set and
b)
which criteria are decisive for the selection ,
c)
Provision of a specified amount of delivery or revenue share,
d)
in the mandatory booklet according to § 8 para. 2 possibly mandatory technical and operational quality requirements, such as for compliance with the minimum connecting Time.
(3) The evaluation and 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 that provides such services , directly or indirectly, or is involved in such a company, by the Authority. Unsuitable 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 delivery performance are considered to be unsuitable.(4) In cases where the aerodrome operator itself does not provide similar groundhandling services and no undertaking which provides such service is directly or indirectly mastered and in no way at any such undertaking, , the aerodrome operator shall open the applications received after the end of the application period and shall put together a list of the candidates 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 Users ' Committee and the Works Council of the aerodrome operator.(5) In cases where the aerodrome operator itself provides similar groundhandling services, or where a company providing such services is directly or indirectly mastered or is involved in such a company, the Aeronautical authority after the application deadline the applications received and a list of the applicants with submitted documents 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, 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 ground handling services

site of the original text: BGBl. I 1997, 2890-2892;
of the individual amendments, cf. Footnote
1.
Scope
The " requirements for delivery 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 airfield.
2.
Ground handling service requests
A.
Reliability, financial performance, professional competence and employee assumption
(1) The entreprender and the persons appointed to manage the business must be be reliable.
The reliability is provided by the operator and the persons appointed to manage the transactions, providing the assurance that the operation is carried out in accordance with the statutory provisions and that the employees and the general public are be preserved from damage and danger during the operation of the company.
Reliability is to be negated
a)
when a final conviction is more severe Breaches of criminal law, including economic criminal law;
b)
in the event of serious and repeated violations of labour law, occupational health and safety, or (2) The financial capacity of the undertaking must be guaranteed.
(2)
The financial performance is guaranteed if the resources required for the holding and proper management of the operation are available.
In particular, financial performance is not guaranteed if
a)
significant There are any arrears of taxes or social security contributions due out of business activity;
b)
to the operator of the aerodrome Substantial arrears of fees or charges, rents, pachts or other payment obligations arising from the use of the aerodrome and its facilities, including the runway system, or from the contractual A refund of the provision of groundhandling services shall be payable.
(3) The trader or the persons appointed to manage the business must be technically appropriate.
It is appropriate to know who has the knowledge required to properly manage a ground handling company.
A professional qualification can either be
a)
by checking the Chamber of Industry and Commerce. "aeroplane tiger" and an at least two-year managerial activity in a company which provides groundhandling services, or
b)
by means of a Examination contents of the Chamber of Industry and Commerce comparable-qualification and at least two-year managerial activity in a company that provides groundhandling services, or
c)
with at least five years of managerial activity in a company that provides groundhandling services,
(4) The conditions set out in paragraphs 1 to 3 shall be considered to be fulfilled in the case of aerodrome operators as a result of the granting of the operating licence.(5) The evidence of paragraphs 1 to 3 shall be submitted by the other service providers and the self-handlers in an appropriate form when participating in the selection procedure in accordance with Article 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, to information on the reliability and the technical suitability of other appropriate evidence, in case of justified doubts to demand a suitable update of the financial performance of the proof of financial performance.(6) In the event of errors or omission of the conditions laid down 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 operation and use of employees
(1) The providers of In accordance with the classification by the aerodrome operator, groundhandling services have to be involved in the fulfilment of the public service obligation laid down in the legislation and regulations, in particular the obligation to carry out an operating duty. 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 comply with applicable environmental protection regulations as well as official regulations, in particular permits and schedule findings. The aerodrome operator is 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 make them known to them against reimbursement of costs.(3) Service providers and self-handlers shall 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. They must also ensure that there is sufficient command of the German language in the case of the staff concerned. They also form their employees at least within the framework and continue as they are given by the respective airfield company to their employees in the case of corresponding activities.(4) The handling and handling of terminal equipment and technical 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 law on air transport and the regulations adopted for this purpose, as well as the commercial 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, the Youth Work 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) Before taking ground handling activities in accordance with Appendix 1, it is necessary for the airfield operator to prove the conclusion of liability insurance covering the liability of the service provider or self-employed person for compensation for such damage; which are to be added to another in the execution 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 shall not be required.(7) The insurance to be referred to in accordance with paragraph 6 shall adequately cover the risk associated with the activity. The minimum insurance sum is
1.
EUR 5 million for services provided for in points 1.1 and 1.1. 1.3 of Appendix 1 and, insofar as they are not carried out in the non-generally accessible area or in the safety-sensitive area of the aerodrome, for services provided for in points 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 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, as far as they are running in the non-public area or in the security sensitive area,
3.
100 million euros for services according to the digits 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 safety-sensitive area, for services referred to in points 4.1 and 4.2 and 8.1 to 8.3 of the Appendix 1,
4.
375 million euros for services referred to in points 7.1 and 7.2 of Appendix 1.
The areas not generally accessible and sensitive to security of a aerodrome is determined by its airport use order or the air safety plan.(8) The existence of the insurance referred to in paragraphs 6 and 7 shall be the operator of the aerodrome by the time of the 15th day of the year. 1 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 important reason to quit.(9) The selection of a groundhandling service provider in accordance with Section 7 (1) sentence 3 by the approval authority shall apply in accordance with the provisions of paragraph 6.(10) In justified individual cases, a deviation from individual specifications of the obligation specification may be agreed, provided that this does not discriminate according to discrimination. The user exclusion and works council of the airfield company shall be informed thereof.(11) Technical specifications for handling equipment, vehicles used in the field of aerodrome and means of communication or interfaces for the use of central infrastructure facilities may 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. The user committee and the works council of the aerodrome shall be informed thereof.(12) The aerodrome operator may require service providers and self-handlers to charge appropriate security deposits or collateral, as well as to assert financing or payment terms without resulting in any obstacles to the market. unofficial table of contents

Appendix 4 (to § 5)
requests to a rules of procedure for the user committee

site 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 observed:
1.
Tasks of the Users ' Committee
1.1
The User's Committee shall carry out the tasks assigned to it in accordance with the ground handling service regulation.
1.2
The matters are governed by decision-making in an assembly of users.
1.3
If a decision has been submitted to the Users ' Committee, despite the proper delivery of a decision, this will be deemed to be the approval of the draft decision.
2.
Members of the Users 'Committee
2.1
Member of the Users' Committee is any user who has a commercial passenger, post or cargo on the airway from or to that airfield
2.2
Aeronautical operator in accordance with 2.1, excluding exclusively aircraft of less than 10 tonnes maximum starting weight or without motor drive or less than 20 Operate seats or the less than 10 starts and/or Landings at this aerodrome within the last completed flight plan period may only be represented by a common representative. This is a member of the Users ' Committee.
2.3
Each Member may decide whether it would like to be 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 sessions of the Users ' Committee are held by the Chairman or guided by his deputy in the case of an obstruction.
3.2
The chairperson and two deputies are elected by the members from their center for two years each. They represent the Users 'Committee with respect to third parties. The Committee on Users' Committee is responsible for further details.
3.3.
The organiser responsible for the implementation of the meetings of the The User's Committee shall be the Authority or the aerodrome operator, as far as the Authority has delegated these tasks.
3.4
The organiser shall be responsible for: for the preparation of invitation, agenda and minutes of the meetings of the Users ' Committee and 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 organizer at least once a year. It must be convened by the organizer if
-
is the participation of the user committee according to 1.1 is required or
-
required in writing, stating the purpose and reasons of more than a quarter of the members of the Users ' Committee or
-
the chairman considers the convening required for other reasons.
4.
decision-making
4.1
Decisions, including elections, can only be taken if the planned Decision-making with the agenda has been announced in advance.
4.2
The Users ' Committee is quorum if more than half of its members are at the meeting
4.3
If a quorum is not present, the Chairman shall convene a new meeting with the same subject-matter. This is quorum, regardless of the number of members who have been published.
4.4
The decision to elect the chairman and his deputy, as well as the The Rules of Procedure shall be adopted by a majority 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 with the exception of the representation in accordance with 2.2 shall not be allowed.
4.5
All other decisions shall be taken on the basis of Voting rights, the weighting of which is based on the share of the corresponding user in the total traffic volume of the last completed flight path period of this airfield. A single user or a member in accordance with 2.2 may not be more than 49 per cent of the voting shares. The details of the user's committee.
5.
cost
5.1
Each member bears his own costs. The outlays for organisation, templates and settlement are to be changed to the members. The user committee regulates the transfer procedure.
6.
Users ' committees 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 of the above rules
unofficial table of contents

Appendix 5 (to § 3 para. 2)

found site of the original text: BGBl. I 1997, 2893-2899;
of the individual amendments, cf. Footnote The number of self-handlers and third parties to be allocated shall be set at Frankfurt Airport (FRA) for the following groundhandling services (according to Appendix 1):
service according to Appendix 1Number of self-made number of third-finished parts
3 Luggage storage 2 2
4 freight and mail handling (carriage between airfield and aircraft) 2 2
5.1 Lotsen 2 2
5.2 Support for parking 2 2
5.3 Communications Airplane/Abfertigator 2 2
5.4 loading and unloading as well as carriage crew/passenger/luggage 2 2
5.5 Anleave/Engine 2 2
5.6 Move the airplane/provide 2 2
5.7 Carriage, input/unload of food/drinks unlimited
7refuelling servicesunlimited


, the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not established in detail on the basis of other provisions of the ground handling service regulation or the access is not
The number of self-handlers and third parties to be allocated is set at the following ground handling services (according to Appendix 1) at the airport of Munich (MUC):
Service according to Appendix 1Number of Self-Fertile Number of Third Party
3 Luggage storage 2 2
4 Fracht-and Post-production (carriage between airfield and aircraft) 2 2
5.1 Lotsen 2 2
5.2 Support for parking 2 2
5.3 Communications Airplane/Abfertigator 2 2
5.4 loading and unloading as well as carriage crew/passenger/luggage 2 2
5.5 Anleave/Engine 2 2
5.6 Move the airplane/provide 2 2
5.7 Carriage, input/unload of food/drinks 4 4
7refuelling services2 2


The specified specifications of the number of self-and/or self-sufficient Third-party finisers are only relevant in so far as they are not in detail due to other provisions of the
the number of self-handlers and third parties to be assigned is at Düsseldorf Airport (DUS) in the following groundhandling services. (according to Appendix 1) fixed each time:
Service according to Appendix 1Number of self-handling numbers Third-tier
3 Luggage storage 2 2
4 cargo and mail handling (carriage between airfield and airplane) 
4.1 in relation to cargo without customs warehousing 2 2
4.2 in relation to mail Pobar production no longer
5.1 Lotsen 2 2
5.2 Support for parking 2 2
5.3 Communications Airplane/Abfertigator unlimited 6
5.4 loading and unloading as well as carriage crew/passenger/luggage 2 2
5.5 Anleave/Engine 2 2
5.6 Move the airplane/provide 2 2
5.7 Carriage, input/unload of food/drinks 2 4
7 Betankungsdienste
7.1 Be-and-untanked 2 4
7.2Refill oil and other liquidsunlimited unlimited


The specified specifications of the number of self-and/or self-sufficient Third-party finisers are only relevant in so far as they are not in detail due to other provisions of the
the number of self-handlers and third parties to be granted is at the airport Berlin-Tegel (TXL) in the following groundhandling services (according to Appendix 1) fixed each time:
------------------------------------------------------------------------
I Service pursuant to Appendix 1 I Number I Number I
I I Self-finished I Third Party I
I ---------------------------------------------------------------------- I
I 3 Luggage Storage I 2 I 2 I
I ---------------------------------------------------------------------- I
I 4 cargo and mail handling I 2 I 2 I
I (Carriage between I I I
I airfield and aircraft) 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 Engine/engine I) I) I
I --------------------------------- I) I) I
I 5.6 Move the aircraft/I) I) I
I Deploy I) I) I
I ---------------------------------------------------------------------- I
I 5.7 Carriage, input/discharge I 2 I 3 I
I of Food/I I I
I beverages I I I
I ---------------------------------------------------------------------- I
I 7 refuelling services I 2 I 8 I
------------------------------------------------------------------------

The specified definitions of the number of self-or Third-party finisers are only relevant to the extent that they are not in detail on the basis of other
the number of self-handlers and third parties to be granted is at Hamburg Airport (HAM) for the following: Ground handling services (according to Appendix 1), each set to:
Service according to Appendix 1Number Self-made number of third-finished
3 Luggage storage 2 2
4 cargo and mail handling (carriage between airfield and airplane)
4.1 in freight 2 2
4.2 in relation to mail 2 2
5.1 Lotses 2 2
5.2 Support for parking 2 2
5.3 Communications Airplane/service provider unlimited
5.4 loading and unloading as well as carriage crew/passenger/luggage 2 2
5.5 Andrict/engine 3 2
5.6 Move the airplane/provide 2 2
5.7 Carriage, input/unload of food/drinks unlimited unlimited
7refuelling services2 2


The specified specifications of the number of self-or Third-party finisers are only relevant in so far as not 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 Stuttgart Airport (STR) in each of the following groundhandling services (according to Appendix 1) to:
Service according to Appendix 1Number of Self-Fertile Number of Third Parties
3 Luggage storage 2 2
4 cargo and mail handling (carriage between airfield and airplane)
4.1 Fracht 2 2
4.2 Post 2 2
5.1 Lotsen 2 2
5.2 supportl="top " charoff="50"> on parking 2 2
5.3 Communications Airplane/Abfertiger Communications unlimited unlimited
5.4loading and unloading Passenger/Luggage transport22
Excluding carriage crew unlimited unlimited
5.5 Andrict/engine 2 2
5.6 Move the airplane/provide 2 2
5.7 Carriage, input/unload of food/drinks unlimited unlimited
7 BeatingServices
7.1 Be-and-untanking 2 3
7.2Refill oil and other liquids23


, the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not established in detail on the basis of other provisions of the ground handling service regulation or the access is not
number of self-handlers and third parties to be allocated is set at the Cologne-Bonn Airport (CGN) at the following ground handling services (according to Appendix 1):
Service according to Appendix 1Number of Self-Fertile Number of Third Party
3 Luggage storage 2 2
4 Fracht-and Post-production (carriage between airfield and aircraft) 2 2
5.1 Lotsen 2 2
5.2 Support for parking 2 2
5.3 Communications Airplane/Abfertigator 2 2
5.4 loading and unloading as well as carriage crew/passenger/luggage 2 2
5.5 Anleave/Engine 2 2
5.6 Move the airplane/provide 2 2
5.7 Carriage, input/unload of food/drinks 2 2
7refuelling services2 2


The specified specifications of the number of self-and/or self-sufficient Third-party finisers are only relevant in so far as they are not in detail due to other provisions of the
the number of self-handlers and third parties to be assigned is at the Hanover Airport (HAJ) for the following groundhandling services. (according to Appendix 1) fixed each time:
Service according to Appendix 1Number of self-handling numbers Third-tier
3 Luggage storage 2 2
4 cargo and mail handling (carriage between airfield and airplane) 2 2
5.1 Lotses 2 2
5.2 Support for parking 2 2
5.3 Communications Airplane/Abfertiger Communications 2 2
5.4 loading and unloading as well as carriage crew/passenger/luggage 2 2
5.5 Anleave/Engine 2 2
5.6 Move the Aircraft/Deploy 2 2
5.7 Carriage, input/unload of food/drinks 2 3
7refuelling services 28


The specified specifications of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that they are not in the The number of self-handlers and third parties to be assigned is at the Nuremberg airport (NUE).
the following groundhandling services (as referred to in Appendix 1), each set to:
------------------------------------------------------------------------
I Service pursuant to Appendix 1 I Number I Number I
I I Self-finished I Third Party I
I ---------------------------------------------------------------------- I
I 3 Luggage Storage I 2 I 2 I
I ---------------------------------------------------------------------- I
I 4 cargo and mail handling I 2 I 2 I
I (Carriage between I I I
I airfield and aircraft) 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 Communication Aircraft/I) I) I
I Abfertiger I) I) I
I ---------------------------------------------------------------------- I
I 5.4 Loading and unloading and I 2 I 2 I
I Carriage Crew/I I I
I Passenger/Luggage I I I
I ---------------------------------------------------------------------- I
I 5.5 Aneration/Engine I 2 I 2 I
I ---------------------------------------------------------------------- I
I 5.6 Move the Aircraft/I 3 I 3 I
I Provide I I I
I ---------------------------------------------------------------------- I
I 5.7 Transport, On/Off I 4 I 4 I
I of Food n/ I I I I I
drink I I I I
I ---------------------------------------------------------------------- I
I 7 refuelling services I 3 I 3 I
------------------------------------------------------------------------

The , the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that a different number is not established in detail on the basis of other provisions of the ground handling service regulation or the access is not
number of self-handlers and third parties to be allocated shall be set at Leipzig Airport (LEJ) for the following groundhandling services (according to Appendix 1):
Service according to Appendix 1Number of Self-Fertile Number of Third Party
3 Luggage storage 2 2
4 Fracht-and Post-production (carriage between airfield and aircraft) unlimited unlimited
5.1 to 5.6 Vorfield Services unlimited unlimited
5.7 Carriage, input/unload of food/drinks 2 2
7refuelling services unlimitedunlimited


The specified specifications of the number of self-or Third-party finisers are only to the extent
, the number of self-handlers and third parties to be allocated shall be the number of the self-handlers and third parties to be granted on the basis of the provisions of the groundhandling service regulation. Airport Berlin-Schönefeld (SXF) for the following groundhandling services (according to Appendix 1), each set to:
Service according to Appendix 1Number of self-handling numbers < a name="FnR.FnA1-BJNR288510997BJNE001801308_001">1 *) Third-party
3 Luggage storage 2 2
4 cargo and mail handling (carriage between airfield and airplane) 2 2
5.1 to 5.6 Vorfield Services 2 2
5.7 Carriage, input/unload of food/drinks unlimited unlimited
7 BeatingServicesunlimitedunlimited
1 *)
Note: Third-party rules only apply from year 2001.


The specified specifications of the number of self-or 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.
The number of self-handlers to be granted and the number of persons to be granted are not subject to the same conditions. Thirdly, at the airport Dresden (DRS), the following groundhandling services (according to Appendix 1) are each set to:
Service in accordance with Appendix 1Number of self-handling number < a name="FnR.FnA2-BJNR288510997BJNE001801308_002">2 *) Third-party
3 Luggage storage unlimited 2
4 cargo and mail handling (carriage between airfield and airplane) unlimited 2
5 Vorfield Services unlimited 2
7refuelling servicesunlimited2
2 *)
Note: Third-party rules only apply as of year 2001.


The specified specifications the number of self-or 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.
The The number of self-handlers and third parties to be allocated is set at the Bremen airport (BRE) for the following groundhandling services (according to Appendix 1):
Service in accordance with Appendix 1Number of self-handlers number < a name="FnR.FnA3-BJNR288510997BJNE001801308_003"> 3 *) Third-party
3 Luggage storage 2 2
4 cargo and mail handling (carriage between airfield and airplane) 2 2
5.1 Lotsen 2 2
5.2 Support for parking 2 2
5.3 Communications Airplane/Abfertiger Communications unlimited
5.4 loading and unloading as well as carriage crew/passenger/luggage 2 2
5.5 Anleave/Engine 2 2
5.6 Moving the aircraft/Delivering 2 2
5.7 Carriage, input/unload of food/drinks 3 3
7refuelling services 23
3 *)
Note: Third-party provisions only apply from year 2001.


The specified specifications of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that they are not based on the individual
The number of self-handlers and third parties to be granted is at the airport Münster/Osnabrück (FMO) at the airport of Münster/Osnabrück (FMO). the following groundhandling services (as referred to in Appendix 1), each set to:
Service as per Annex 1Number of self-made-finished number of third parties
3 Luggage storage unlimited omitted
4 cargo and mail handling (carriage between airfield and airplane) unlimited omitted
5.1 Lotsen unlimited omitted
5.2 Parken support unlimited omitted
5.3 Communications Airplane/Abfertiger Communications unlimited omitted
5.4 loading and unloading as well as carriage crew/passenger/luggage unlimited omitted
5.5 Noting/Engine unlimited omitted
5.6 Move the airplane/provide 3 omitted
5.7 Carriage, import/unload of food/drinks 3 omitted
7refuelling services3


The specified specifications of the number of self-or Third-party finisers are only relevant in so far as they are not in detail due to other provisions of the
the number of self-handlers and third parties to be granted is at the airport Berlin-Tempelhof (THF) at the following Ground handling services (according to Appendix 1) set to:

(omitted)

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


The specified specifications of the number of self-and/or self-sufficient Third-party finisers are only relevant to the extent that they are not based on the individual other provisions of the ground handling service Regulation shall be subject to a different number or access is not open.