Key Benefits:
Ground handling of aerodromes
The Minister of Transport and Water,
Having regard to Directive No 96 /67/EC of the Council of the European Union of 15 October 1996 on access to the groundhandling market at Community airports (PbEG L 272/36), and on Article 132a of the Aviation Surveillance Scheme ;
Decision:
For the purposes of this arrangement:
any natural or legal person who carries passengers, mail or cargo from or to an airport by the air;
the Annex to: Directive No 96 /67 /EC of the Council of the European Union of 15 October 1996 on access to the groundhandling market in Community airports (PbEG L 272/36) granted to a user at an airport;
ground-handling services which a user carries out for himself, without any agreement until it has been given to him of such services, except in cases where he/she has entered into a contract until he has given it to him ground-handling services have been entered into with another user in which it has a majority ownership or in which a natural or legal person holding a majority shareholding in the first user has a majority interest;
any natural or legal person who provides one or more categories of groundhandling services;
the Minister for Transport and Water.
This scheme is based on: Article 8a.1, fourth paragraph, of the Aviation Act .
1 At each airport in the Netherlands which has been opened for civil aviation by an annual traffic of at least 2 million passenger movements or 50000 tonnes of freight, users can self-handling services from 1 January 2001 to perform.
2 By way of derogation from the first paragraph, the Minister may, for the categories of handling services:
a. baggage handling;
b. Platform capture;
c. Fuel and oil supply; or
d. cargo and mail handling, in respect of the physical handling of cargo and mail between buildings at the airport and the aircraft, both upon arrival and departure and in transit flights,
the number of users who carry out self-handling services limited to no less than two. The selection of such users should be based on relevant, objective, transparent and non-discriminatory criteria.
1 At each airport in the Netherlands which has been opened for civil aviation by an annual traffic of at least 2 million passenger movements or 50000 tonnes of cargo may provide ground handling service providers with effect from 1 January 2001 provide ground handling services.
2 By way of derogation from the first paragraph, the Minister may, for the categories of handling services:
a. baggage handling;
b. Platform capture;
c. Fuel and oil supply; or
d. cargo and mail handling, in respect of the physical handling of cargo and mail between buildings at the airport and the aircraft, both upon arrival and departure and in transit flights,
limit the number of providers of groundhandling services to no less than two per category.
3 When applying the second paragraph, the Minister shall limit the number of providers of groundhandling services to:
a. At least one of them is not directly or indirectly controlled by:
1. the operator of the airport;
(2) a user who, in the course of the year preceding that in which the restriction referred to in paragraph 2 has passed, has transported more than 25% of the passenger or cargo registered at the airport; or
3. a body which directly or indirectly exercises control over or controlled by the operator of the airport or of a user as referred to in point 2; and
b. any user, regardless of the part of the airport assigned to him, has the choice between no less than two ground handling service providers for each category of ground handling services subject to a restriction.
If at an airport as intended in Article 5, first paragraph , the in that Article Specified minima to be reached for freight traffic without the that Article The minimum passenger transport minima must be reached, that Article Not applicable for groundhandling services exclusively intended for passengers.
1 If the operator of the airport, the user or the provider of ground handling services at an airport provides ground handling services, it shall be obliged to keep separate accounts in respect of the provision of such services. -
2 The Minister shall monitor compliance with the obligation laid down in paragraph 1. It shall, in particular, ensure that there is a separation in the management of the funds between the operation of the airport and the ground handling services provided by the operator of that airport.
1 For each airport in the Netherlands which is open to civil aviation a consultation body of users is established by the airport operator.
2 Any user may be a member of the consultation body or may be represented in that body by a representative user organisation.
1 The operator of the airport submits at least once a year to the airport Article 8 the said consultation body of users and with the providers of ground handling services at the airport and, furthermore, whenever requested by that consultation body or by the majority of providers of ground-handling services, on the application of this scheme, and in particular to the prices of groundhandling services, Article 11, first paragraph, part b , by providing only a single provider of such services and the organisation of the provision of such services.
2 The operator of the airport shall notify the consultation body of users as soon as possible of decisions as in Article 12, third and fourth paragraphs , and Article 13 It is intended as well as other decisions on the groundhandling market.
1 The Minister may, after consultation with the operator of the airport, the users and providers of ground handling services, decide that at an airport in the Netherlands that is open to civil aviation the operator of the airport or a Other bodies designated by the Minister to administer one or more central facilities intended for the provision of groundhandling services, not due to their complexity, costs, environmental consequences or for reasons of order and security; can be divided or split. Users who provide self-handling services and provide ground handling service providers shall be required to make use of these facilities.
2 The Minister shall ensure that the management of the central facilities referred to in paragraph 1 is carried out in a transparent, objective and non-discriminatory manner and does not constitute an obstacle to users performing self-handling services or for ground-handling providers.
1 If at an airport specific impediments with regard to the available space or capacity application of the Articles 3 or 5 The Minister may, at the request of the operator of the airport, make it impossible:
a. the number of ground handling service providers for one or more types of groundhandling services other than those specified in Article 5, second paragraph , at the airport as a whole or in any part of it, not less than two restrictions; Article 5, third paragraph , is applicable;
b. one or more of the Article 5, second paragraph , reserve the categories of ground-handling services for a single provider of such services;
c. The provision of self-handling services other than those of self-handling services of Article 3, second paragraph , reserve for a limited number of users, provided that this restriction is based on relevant, objective, transparent and non-discriminatory criteria, or
d. performing the Article 3, second paragraph , prohibit intended self-handling services or restrict them to a single user.
2 A decision as referred to in the first paragraph:
a. specifies the categories of ground handling services that are subject to a limitation, reservation or prohibition as referred to in that paragraph and the specific impediments to the available space or capacity that limit the reservation whether the prohibition is justified;
b. shall be accompanied by a plan of appropriate measures aimed at removing these obstacles;
(c) should not unduly prejudice the principle of free access to the groundhandling market;
d. should not lead to distortions of competition between ground-handling providers and users engaged in self-handling services; and
e. may not have a larger size than is necessary in view of the available space or capacity.
3 The Minister shall inform the Commission of the European Communities of that decision at least three months before the entry into force of a decision as provided for in paragraph 1 of that decision, indicating the grounds for such decision.
4 A decision as referred to in paragraph 1 (a), (c) or (d) shall expire after three years. At the request of the operator, the Minister may, at the latest three months before the date of expiry of the said decision, decide once again to limit or prohibit the operation of the said decision. The second and third paragraphs shall apply.
5 A decision as provided for in paragraph 1 (b) shall expire after two years. The Minister may, after obtaining the Commission's consent of the European Communities, extend this period by two years after obtaining the agreement of the Commission.
1 If with application of the Article 5, second paragraph , or 11, first paragraph, parts a or b , the number of providers of groundhandling services is limited, the groundhandling services to which the restriction relates are being used. The invitation to tender shall be published in the Official Journal of the European Communities.
2 Any provider of groundhandling services may submit tenders for ground handling services to be procured.
3 After consultation with the consultation body of users, for a period of up to seven years, providers of groundhandling services shall be chosen from among those who have registered at the tender:
a. by the airport operator if it does not provide any similar ground handling services directly or indirectly control an undertaking providing such services and does not have any interest in such services undertaking, and in other cases,
b. by the Minister after consultation with the operator of the airport if part (a) does not apply.
4 If the provider of groundhandling services ceases to work before the expiry of the period for which he is elected, he shall be replaced by application of the first to third members.
If applicable with the application of the Article 5, second paragraph , or 11, 1st Member , the number of providers of groundhandling services is limited, may, by way of derogation from Article 12 the operator of the airport, after consultation with the airport operator, Article 8 Said consultation body of users:
a. To provide ground handling services themselves; or
b. designate a provider of ground-handling services to provide services such as to directly or indirectly control this provider of ground handling services, or if, directly or indirectly, control of such services is directly or indirectly controlled. has the operator of the airport.
1 The Minister may, after consultation with the airport operator and users, lay down a job description or technical specifications to which the ground-handling service providers or the self-handling services providers may be required to provide Must comply. The selection criteria set out in the task description or technical specifications should be relevant, objective, transparent and non-discriminatory.
2 The Minister may decide that a provider of groundhandling services or a user who provides self-handling services shall only be admitted to the airport if:
a. The applicant has a sound financial position and has adequate insurance coverage;
(b) at the airport, the order and security or the security of the installations, aircraft, equipment or persons are ensured,
(c) protection of the environment is ensured; and
d. the applicable labour law and social security legislation is being complied with.
The criteria referred to in paragraph 2 shall be as follows:
a. shall be applied in a non-discriminatory manner;
(b) be connected with the objective pursued; and
c. may not lead to a de facto reduction in access to the ground handling services market or to self-handling to a lower level than that provided for in this Arrangement.
(4) Where the second paragraph applies, the provider of ground handling services or the user who provides self-handling services shall be informed of the procedure for obtaining the authorisation referred to in that paragraph.
5 The authorisation referred to in paragraph 2 shall be withheld or withdrawn only if the provider of groundhandling services or self-handling services user does not fulfil the reasons set out in that paragraph for reasons of reason criteria.
6 The reasons for withholding or withdrawing authorisation shall be communicated to the provider of groundhandling services or to the user who provides self-handling services and to the operator of the airport.
1 The Minister may, on a proposal from the airport operator, prohibit any ground handling services or self-handling services from carrying out his services if it contravenes rules which are not the subject of a he can be imposed by the Minister for the proper operation of the airport.
2 The rules referred to in paragraph 1 shall:
a. to be applied in a non-discriminatory manner;
b. to be related to the objective pursued; and
(c) not to lead to a de facto reduction of access to the ground handling services market or to self-handling to a lower level than that provided for in this Arrangement.
On the proposal of the airport operator, the Minister may require a groundhandling provider to participate in the performance of legal obligations in a fair and non-discriminatory manner. public services, in particular with regard to ensuring the continuity of those services.
1 Providers of groundhandling services and users engaged in self-handling services shall have freedom of access to the facilities of the airport in so far as such access for the provision of their services is necessary. If the operator of the airport lays down conditions in respect of such access, they shall be relevant, objective, transparent and non-discriminatory.
2 In so far as it is necessary for the promotion of effective and fair competition, the airport operator shall allocate the space available for ground handling services on the different airport operations already available at the airport, and new providers of ground handling services and users engaged in self-handling services. The distribution shall be based on relevant, objective, transparent and non-discriminatory rules and criteria.
3 For access to the airport and the use of the facilities thereon, the airport operator may determine that the providers of ground handling services and the users who perform self-handling services shall pay a fee are. The level of compensation shall be determined on the basis of relevant, objective, transparent and non-discriminatory criteria.
1 Without prejudice to the provisions of this Arrangement, each agent of groundhandling services and user who pursues self-handling services shall be required to ensure that all natural and legal persons applicable to natural and legal persons in the Netherlands are subject to compliance with legal regulations and regulations.
2 Without prejudice to the provisions of this arrangement, after consultation with the airport operator, users and providers of groundhandling services may provide for the protection of the rights of workers and the protection of the environment, take necessary measures.
1 In respect of providers of groundhandling services and users who provide self-handling services not originating in a Member State of the European Union, the Minister may, in whole or in part, not apply to this arrangement declare, if the country from which that provider or user originates:
(a) providers of groundhandling services or users engaged in self-handling services from a country of the European Union not legally or in fact treated in a similar manner to that of the Member States of the European Union ground handling services or users who provide self-handling services from that country;
b. providers of groundhandling services or users engaged in self-handling services from a country of the European Union who are not in law or in fact treated in accordance with laws and regulations applicable in that country; or
c. ground handling service providers or users engaged in self-handling services from a country other than a country belonging to the European Union, in law or in fact more favourable treatment than ground-handling providers or users who provide self-handling services from a country of the European Union.
2 The Minister shall inform the Commission of the European Communities of any non-application of this Arrangement as referred to in the first paragraph.
This arrangement shall enter into force from the second day following the day of the Official Journal of the Official Journal in which it is placed and shall operate until 1 January 1998.
This arrangement is cited as: Ground-handling aerodromes.
This arrangement will be set out in the Official Journal.
' s-Gravenhage, 4 February 1998
TheMinister
of Vertimes and Waterstate,A. Jorritsma-Lebbink
