The Order In Which Grant Access To The Groundhandling Market

Original Language Title: Kārtība, kādā piešķir pieeju lidlauka sniegto pakalpojumu tirgum

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/178588

Cabinet of Ministers Regulations No. 447 Riga, June 17, 2008 (pr. No 42 35) order in which grant access to the groundhandling market Issued in accordance with the law "on the air" in article 27 of the fourth part i. General questions 1. determines the order in which grant access to the groundhandling market. 2. these rules apply to airports, that during the year the number of passengers carried 2 000 000 passengers carried or reach the cargo volume exceeds 50 000 tonnes. 3. Where an airport reaches this rule referred to in paragraph 2, the turnover of goods, but does not reach the passenger turnover, these provisions shall not apply to categories of groundhandling services apply only to passengers. 4. The institution which manages airport infrastructures, as well as coordinates and controls the activities of the operators of aviation airport (Airport Administration), the natural or legal person responsible for the carriage of passengers, mail or cargo by air (hereinafter the user) of the European Community, as well as the natural or legal person engaged in the provision referred to in the annex, one or more services to third parties (hereinafter referred to as the supplier of groundhandling services) ensure that the accounts of groundhandling services are separated from the other activities undertaken by the administration of the airport, the airport user or the supplier of groundhandling services. 5. The Ministry of transport hired expert who is independent of the administration of the airport, the airport user and the supplier of groundhandling services, checking once a year, or in accordance with the provisions of paragraph 4 of groundhandling services are separated from other activities, as well as check that occurs in the financial flows between the administration of the airport as the Airport Authority and its groundhandling activity. An expert has the right to be acquainted with all the airport administration, the airport user or the supplier of groundhandling services in the possession of the information necessary for this evaluation. 6. Airport Administration creates the Committee of representatives of airport users (hereinafter the airport users ' Committee), which is the right to be, each airport user. The airport users Committee of the airport users to represent the Organization set up for this purpose. The airport users ' Committee creates and practices ensure the airport administration. 7. Airport Administration organised by the joint administration of the airport, the airport users Committee and the suppliers of groundhandling services to the meetings on the application of these rules. Meetings shall be held as necessary but not less frequently than once a year. 8. to airport service provider would be entitled to provide groundhandling services to third parties or himself, it entered into the contract with the airport administration. The airport administration is not entitled to refuse the conclusion of treaty 11 and 15 of these rules in the cases referred to in paragraph, in so far as these rules provide otherwise. 9. under the terms of This aerodrome user provide groundhandling services yourself (self-handling), if it is not entered into contracts for the services you received from third parties. Aerodrome users not mutually be regarded as third parties, if one controls (20 January 2004 Council Regulation No 139/2004 on the control of concentrations between undertakings article 3 the meaning of the first paragraph of) other or other physical or legal person controls both. 10. Decisions taken by the national agency of Civil Aviation Agency "(hereinafter referred to as the Civil Aviation Agency) and adopted by the Ministry of transport in accordance with these rules, may be appealed and the appeal to the administrative procedure law. II. the supply of ground-handling services to third parties and self-handling 11. Suppliers of groundhandling services shall be entitled to access to the market, to provide groundhandling services to third parties, if this provision in the order received by the Civil Aviation Agency's certification of the conformity of suppliers of groundhandling services technical security. 12. the administration of the airport shall ensure that the airport user, whatever part of the airport that works, should be able to choose at least two suppliers of groundhandling services in the following categories: suppliers of groundhandling services 12.1. baggage handling;
12.2. the service upon the platform;
12.3. refuelling;
12.4. inbound, outbound and transit freight and mail physical handling between the airport terminal and the aircraft. 13. the airport managing body may refuse to grant the contract to a supplier of groundhandling services, if it already has such agreements with at least two other suppliers of groundhandling services in each of these 12 provisions referred to categories of ground-handling services, if it ensures that the criteria on the basis of which the selected suppliers of groundhandling services for which the contract is appropriate, objective, transparent and non-discriminatory. 14. at least one supplier of groundhandling services at an airport with the administration of the concluded agreement, is directly or indirectly controlled by: 14.1 airport administration;
14.2. any airport user who has carried more than 25% of the passengers or freight recorded at the airport during the year preceding the year when selected suppliers of groundhandling services;
14.3. a person who directly or indirectly control or directly or indirectly controlled by the airport administration or 14.2. these terms referred to the airport users. 15. the user can engage in self-handling to the extent that this provision in the order received by the Civil Aviation Agency's certification of the conformity of suppliers of groundhandling services technical security. In relation to the same services applicable the provisions of paragraphs 12 and 13. III. the Centralized infrastructure 16. If the suppliers of groundhandling services centralised infrastructure Division or expansion is complicated, not financially beneficial or negative impact on the environment, the management of such infrastructure provides the administration of the airport or airports administration authorized person. 17. Conclusion of contracts, the airport administration can impose an obligation on suppliers of groundhandling services or self-handling implementers use this infrastructure. 18. The Airport Administration ensures that the centralized infrastructure management do not prevent the supplier of groundhandling services or self-handling implementer access to the centralised infrastructure, to the extent necessary for the implementation of these provisions. 19. The Airport Administration ensures that the centralized infrastructure management is transparent, objective and non-discriminatory. IV. Exceptions to the 20. If the area of the airport or power is limited and congestion of the infrastructure-intensive use and it is not possible to provide an opportunity to provide groundhandling services or self-handling airport to implement, the Administration may enter into agreements with a limited number of suppliers or certain types of contracts does not close at all to: 20.1. a limited number of suppliers in certain categories of ground-handling services throughout the airport or in a part thereof, except those referred to in paragraph 12 of the rules of service categories. In this case, the use of this provision in paragraph 13 and 14;
20.2. authorized to provide groundhandling services only one supplier of groundhandling services this provision paragraph 12 referred to categories of ground-handling services (one or more);
20.3. allowed to implement self-handling to a limited number of airport users for categories of groundhandling services therein, other than those referred to in paragraph 12 of these regulations, if the user selected on the basis of relevant, objective, transparent and non-discriminatory criteria;
20.4. the prohibition of self-handling or to allow them to implement only one user of the airport, this provision paragraph 12 referred to categories of ground-handling services. 21. If the airport administration used this provision in paragraph 20, the right provided for by decision: 21.1 the supplier of groundhandling services category, for which the exception is determined by specifying the platform area, the number of luggage conveyor belt, fuel delivery, postal terminal location relative to the platform and the other conditions which justify it;

21.2. the measures to prevent in accordance with the provisions of paragraph 20 of the limits. 22. the administration of the airport shall inform the Ministry of transport for the planned application of the derogation in accordance with this provision, paragraph 20, and a justification for four months before the entry into force of the exception. The appearance of the Ministry of transport of the information received and, if the application of the derogation to be justified, send a notice of exceptions and the reasons for the European Commission three months before their entry into force. 23. If the European Commission in accordance with the Council of 15 October 1996, Directive 96/67/EC on access to the groundhandling market at Community airports (hereinafter referred to as Directive 96/67/EC) in article 9 the fifth objection or obliged to amend this provision in paragraph 22 of the decision of the Ministry of transport, Ministry of transport immediately take a decision thereon and shall notify it to the airport administration. 24. the duration of application of the Exceptions by the airport managing body may be determined in accordance with paragraph 20 of these regulations, shall not exceed three years. This condition does not apply to this rule 20.2. the case referred to in point. 25. Not later than four months before this rule 24. the expiry of the period referred to in paragraph 1 shall notify the administration of the airport traffic Ministry for new planned exemptions. Ministry of transportation shall notify these provisions to the European Commission in point 22. 26. the duration of the exceptions by the airport managing body may be determined in accordance with the provisions of paragraph 20.2, shall not exceed two years. Three months before the expiry of that period, if necessary, the administration of the airport in point 22 of these rules in the order may apply to the Ministry of transport to such an exceptional one-off extension of the period of two years. The Ministry of transport of the European Commission draws according to Directive 96/67/EC, article 9 of the sixth part. V. aerodrome provider choice 27. This chapter shall apply to these rules 13 and 20 cases referred to. 28. the suppliers of groundhandling services shall be chosen: 28.1. Airport Administration in cooperation with the airport users ' Committee, where the administration of the airport does not provide similar groundhandling services, it does not have direct or indirect control over the company, which will provide these services, and it has no participation in the activities of the merchant;
28.2. the Ministry of transport after coordination with the Airport Authority and the airport users ' Committee, if the aerodrome provider choice under this rule 28.1. section is not possible. 29. The airport administration or Ministry of transport in accordance with the rules referred to in paragraph 28 of the Kuma competence following consultation with the airport users ' Committee developing the contest rules. The Statute includes a supplier of groundhandling services in certain technical requirements which are relevant, objective, transparent and non-discriminatory. The invitation to tender shall also indicate the period for which the choice of a supplier of groundhandling services. This period may not be longer than seven years. 30. the tender regulation together with the invitation to tender sent for publication in the official journal of the European Union and the newspaper "journal". 31. the applicant who logged into the tender, must demonstrate that it can meet the requirements of the regulations of the competition. 32. the administration or the aerodrome traffic the Ministry is entitled to call in experts to assess the applications and select the best suppliers of groundhandling services. 33. the administration or the aerodrome traffic Ministry according to this provision, article 28 competence of its decision within five days, notify all tenderers. 34. If a supplier of groundhandling services ceases operation before the expiry of that period, it is replaced with other suppliers of groundhandling services, chosen in accordance with this chapter, the specific aerodrome provider selection procedure. 35. where the number of service providers is limited in accordance with the provisions of paragraph 13 and 20, the administration of the airport itself can provide groundhandling services without applying this chapter specific aerodrome provider selection procedure. 36. all decisions taken, selecting suppliers of ground-handling services, airport administration shall inform the airport users ' Committee and the Ministry of transport. Vi. the supply of ground-handling services activities permit 37. to provide groundhandling services to third parties or implement self-handling, you need Civil Aviation Agency's certificate of compliance of suppliers of groundhandling services technical security. 38. the applicant provide groundhandling services (hereinafter the applicant) corresponds to the European Parliament and of the Council of 12 December 2006 of the Regulation No. 1899/2006 amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (hereinafter Regulation No 1899/2006), and the applicant must prove that he has created: 38.1. safety management system;
38.2. the technical equipment of the aerodrome operational programme;
38.3. the staff training program;
23.9. the operational instruction;
38.5. the environmental protection program. 39. in order to receive notification of suppliers of groundhandling services compliance with the technical security of the applicant presented at the Civil Aviation Agency: 39.1. an application comprising: 39.1.1. legal person-applicant's name, the registration number of the commercial register, a legal address, contact name, title, phone number, fax number, electronic mail address;
39.1.2. physical person – name, surname, personal code, telephone number, fax number and electronic mail address;
24.4. the following documents (the originals being presented) or law on the development and design of a document duly certified copies of the register of companies of the applicant: 39.2.1. registration certificate;
39.2.2. liability insurance policy;
39.2.3. registration of Government issued documents certifying equipment, aircraft, equipment and safety requirements and compliance with Regulation No. 1899/2006.40. This provision in paragraph 39 mentioned documents submitted, if this information is the State of the Republic of Latvia regulatory authorities. 41. Civil Aviation Agency after this provision referred to in paragraph 39 of document receipt and evaluation within two months, take a decision to issue a certificate concerning the conformity of suppliers of groundhandling services technical security or refusal to issue a receipt. Civil Aviation Agency issued proof of compliance of suppliers of groundhandling services technical security, if the applicant complies with this provision in paragraph 38. 42. If the applicant has not submitted all this provision 39. documents listed or the information provided is incomplete or inaccurate, the Civil Aviation Agency requires to submit all the necessary documents and information. If the applicant within 10 days of the Civil Aviation Agency's receipt of the request submitted the relevant documents or information, the Civil Aviation Agency takes a decision to refuse the issue of a certificate of compliance of suppliers of groundhandling services technical safety and communicate it to the applicant. 43. Civil Aviation Agency takes a decision to revoke the certification of the compliance of suppliers of groundhandling services technical security, if it is found that the ground handling service provider does not comply with the provisions referred to in paragraph 38 and the Civil Aviation Agency's prescribed time limit does not resolve the discrepancy established. 44. Civil Aviation Agency about this rule referred to in paragraph 43 of the decision in writing and without delay inform the suppliers of groundhandling services and airport administration. VII. Access to infrastructure 45. Airport Administration shall take the necessary measures to ensure that suppliers of groundhandling services and self-handling airport users for implementing access to airport infrastructures to the extent necessary for carrying out their duties and to the extent necessary for the implementation of these provisions. 46. The Airport Administration has the right to conclude agreements with service providers, aerodrome to determine fees for access to airport infrastructure. Fee to be determined according to relevant, objective, transparent and non-discriminatory criteria. Informative reference to the provisions of the directives of the European Union containing provisions deriving from Council of 15 October 1996, Directive 96/67/EC on access to the groundhandling market at Community airports. Prime Minister i. Godmanis traffic Minister a. Shlesers attachment Cabinet 17 June 2008. Regulations No 447 of groundhandling services list 1. Administrative Services on the ground and supervision: 1.1. airport user representation, settlement in behalf of the airport user and provision of office space for its representatives;
1.2. aircraft baggage loading controls, exchange of information and communications;
1.3. the cargo container handled, stored, and monitoring;
1.4. other supervision services before, during or after the flight, as well as administrative services, which require the airport user.
2. Passenger Service – any form of assistance to passengers, those arrivals, departures, pārsēžot or transit, including the passenger ticket and baggage check, document registration and delivery of the sorting area.

3. Baggage handling-baggage handling the baggage sorting area, sorting, preparation for departure of baggage, baggage loading equipment with which it is intended to be taken from the aircraft to the baggage sorting area and vice versa, and unloading from them, as well as transporting baggage from the baggage sorting area to the baggage claim area.
4. cargo and mail handling: 4.1 in respect of carriage of goods-export, transit and import freight, as well as with related documents accompanying the cargo processing and execution of any security procedure agreed between the parties, or required procedures;
4.2. for mail-in and in the outgoing mail received, as well as with the post processing of related documents and implementation of any security procedure agreed between the parties, or required procedures.
5. Room service on platform: aircraft 5.1 celebration, displaying the platform after its arrival and departure before it, if these services do not provide air traffic services;
5.2. assistance in positioning the aircraft and providing the necessary equipment, if these services do not provide air traffic services;
5.3. the exchange of information between the aircraft and the service provider to the platform, where such services do not provide air traffic services;
5.4. the loading and unloading of baggage, as well as the crew of the aircraft, passengers and baggage between the aircraft and the Terminal;
5.5. starting the engine the aircraft requires the provision of devices;
5.6. moving the aircraft upon arrival and departure, as well as the necessary equipment;
5.7. the delivery of food and beverages and the aircraft loading as well as unloading from it.
6. Air care: air 6.1 internal and external cleaning, as well as the toilet and water services;
6.2. the aircraft cabin heating and cooling, snow and ice removal and de-icing of the aircraft;
6.3. the aircraft cockpit upgrading and its supplying with suitable cabin equipment, storage of this equipment.
7. the provision of fuel and oil: 7.1. fuel loading and unloading of the aircraft, including fuel storage and fuel supply quality and quantity control;
7.2. oil and other liquids filling or replacement.
8. Aircraft maintenance: regular maintenance 8.1 before flight;
8.2. extraordinary maintenance request by the airport user;
8.3. the spare parts and equipment required;
8.4. the demand for aircraft in the aerodrome or in appropriate places on the aerodrome hangars or this place reservations.
9. Flight control and aircraft crew assurance: 9.1. preparation of the aircraft for departure from the ground or from another site;
9.2. the assistance to the aircraft during the flight, including the rerouting of aircraft;
9.3. the provision of services to the aircraft after the flight;
9.4. air crew service.
10. Services: 10.1 the crew, passengers, baggage, freight and mail transport and transport between different terminals of the airport, excluding the same transport between the aircraft and any other point within the same airport;
10.2. special services by request of the user.
11. aircraft suppliers of food services: 11.1. relations with suppliers and coordination;
11.2. food and beverage preparation, as well as necessary equipment in storage;
11.3. the food and drink equipment cleaning;
11.4. food and beverage equipment, as well as a bar and food preparation and sending. Traffic Minister a. shlesers