Regulations On Ground Handling Services

Original Language Title: Forskrift om lufthavnrelaterte tjenester

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Regulations on ground handling services.


Date FOR-2000-11-03-1096


Affairs Ministry


Published In 2000 2370


Commencement 03/12/2000

Edited
FOR 2007-08-22-991

Changes


For
Norway

Legal
LOV-1993-06-11-101-§16-1

Promulgated


Short Title
Regulation on ground handling services

Chapter Overview:

Chap. 1. Introduction (§§ 1-1 - 1-2)
Chap. 2. Definitions (§§ 2-1 - 2-3)
Chap. 3. Main Policies on Ground Handling (§§ 3-1 - 3-10)
Chap. 4. Exemptions from market access (§§ 4-1 - 4-8)
Chap. 5. Miscellaneous provisions (§§ 5-1 - 5-5)
Chap. 6. Commencement

Stipulated by Royal Decree. 3. November 2000 pursuant to the Act of 11 June 1993 no. 101 of the Aviation (Aviation Act) § 16-1, cf. The EEA Agreement Annex XIII. 64c (Council Directive. 1996/67 / EC). Promoted by the Ministry of Transport. Amended by regulation 22 August 2007 No.. 991.

Chap. 1. Introduction

§ 1-1. Purpose purpose of this regulation is to promote efficient use of the infrastructure at the airports and improving the quality of ground handling services provided airport users.

§ 1-2. These regulations apply airports open to commercial air traffic. This regulation shall not apply to the Armed Forces operations at the airports.
Regulation applies ground handling services as defined in Sec. 2. A distinction between ground handling services on the landside and airside. Services described in Sec. 2 § 2-2 section. 4 to 8 are nevertheless regarded as landside of this regulation.
Regulations § 3-7 first paragraph of dedicated service of ground handling services at landside applies to any airport regardless of traffic volume.
Regulations as regards own service of ground handling services airside apply at airports where traffic annually exceeds or is equal to 1 million passenger movements or 25.000 tonnes of freight.
Regulations as regards the provision of ground handling services to third parties for airports applies:

-
Where traffic annually exceeds or equals 3 million passenger movements or 75.000 tonnes of freight, or

-
Where traffic during the six months since 1 April or 1 October of the preceding year exceeded or was equal to 2 million passenger movements or 50.000 tonnes of freight.

From January 1, 2001, the Regulations provide fully for all airports which have a traffic annually exceeds or equals 2 million passenger movements or 50.000 tonnes of freight.
If one of the thresholds for delivery referred to in the above provisions, reached at an airport without the corresponding threshold for passenger movements reached, the provisions of regulations do not apply to the categories of ground handling services exclusively to passengers.

Chap. 2. Definitions

§ 2-1. General definitions For these regulations apply to the following general definitions:

A)
Airport:

Any area specially adapted aircraft landing, take off and movements, including the associated equipment which may be necessary for the air traffic and services for aircraft and facilities needed to operate commercial aviation.

B)
Airport System:

Two or more airports that are listed together because they serve the same city or group of cities, as specified in Annex II to the Directive. (EEC) No. 2408/1992 of 23 July 1992 on Community air carriers access to routes within the Community.

C)
Airport Administration:

A body, possibly in conjunction with other activities, has the task to administer and manage lufthavninfrastrukturene under national laws or regulations, and to coordinate and control the activities of the various undertakings in the relevant airport or the relevant airport system.

D)
Airport User:

Any natural or legal person responsible for passenger transport, mail transport and / or freight by air from or to the relevant airport.

E)
Airport-related services:

All the services necessary for the dispatch of an aircraft, crew, passengers, baggage and cargo in connection with the aircraft arriving into, stay in and departure from the apron.

F)
Airport-related services on the landside:

Services as mentioned under e) that takes place within the area of ​​an airport which is widely available to the public (non-restricted access area).

G)
Airport-related services airside:

Services as mentioned under e) that takes place within the area of ​​an airport which is only available for airline passengers w / valid boarding pass and / or authorized personnel (restricted access area).

H)
Self-service:


A situation where an airport user directly even attends one or more categories ground handling services without entering into any contract with a third party for this service.
According to this definition is considered Airport users are not mutually as third parties:

-
When an airport user has a majority stake in another, or

-
When a legal person holds a majority stake in both.

I)
Outer of ground handling services:

Any natural or legal person who provides one or more categories ground handling services to third parties.

J)
Centralized infrastructures:

Infrastructure used for the provision of ground handling services, which by widespread complexity, cost or environmental impact does not allow you to split or to have more of such systems for check-in, baggage sorting, de-icing, water purification and fuel hyphenation.

§ 2-2. Airport-related services on the landside Airport-related services on the landside are:

1.
Administration on the ground and operational control, comprising

1.1
representation and connection with local authorities or any other authority, outlays on behalf of the airport user and provision of premises to their representatives,

1.2
control during loading, messages and telecommunications,

1.3
processing, storage, handling and management of equipment for loading and unloading of aircraft,

1.4
any other control activities before, during or after the flight and any other administrative service airport user demand.

2.
Handling of passengers, comprising

Any kind of service obligations to passengers on arrival, departure, transit or corresponding flight, especially checking tickets and travel documents, baggage and transport until the system for baggage sorting.

3.
Handling of cargo and mail, comprising

3.1
the physical handling of freight for export, import and transit, processing of documents related thereto, customs formalities and any security measures that the parties have agreed or as circumstances require,

3.2
the physical handling of mail for arrival and departure, processing of documents related thereto and any security measures that the parties have agreed or as circumstances require,

3.3
Handling of cargo and mail between the aircraft and the air terminal falls under § 2-3 section. 2.

4.
Service of aircraft, comprising

4.1
exterior and interior cleaning of the aircraft, washroom services and water supply,

4.2
cooling and heating of the cabin, the removal of snow and ice from aircraft de-icing of aircraft,

4.3
Shifting the cabin using a private cabin equipment, storing such equipment.

5.
Maintenance of aircraft, comprising

5.1
routine operations before flying,

5.2
special operations required of airport user,

5.3
delivery and administration of spare parts and equipment necessary for maintenance

5.4
request or order of pitches and / or hangar stay for carrying out maintenance.

6.
Breakdown of aviation operations and administration related to the crew, which includes

6.1
preparation of the flight in the airport of departure or any other place,

6.2
Services during flight, including any change of aircraft route,

6.3
services by flying,

6.4
administration relating to the crew.

7.
Assistance with transportation on the ground, comprising

7.1
organization and implementation of transport for passengers, crew, baggage, cargo and mail between different air terminals in the same airport. Transport between aircraft and any other point within the same airport are not included, since this falls under the Ground Handling airside, ref. § 2-3,

7.2
all special transportation Airport user demand.

8.
Catering, which includes

8.1
connection with suppliers and administration,

8.2
storage of food and beverages and equipment necessary for the preparation of this

8.3
cleaning of such equipment,

8.4
preparation and delivery of such equipment and food and beverages.

§ 2-3. Airport-related services airside Airport-related services on the airside are as follows:

1.
handling of baggage, comprising

Handling the sorting area, sorting, preparation for shipment, loading and unloading devices intended to bring luggage from the aircraft to the sorting area and vice versa, as well as transporting baggage from the sorting area to the delivery area.

2.

Refuelling and oil, which includes

2.1
filling and emptying of the fuel, including storage, control of quality and the amount delivered,

2.2
replenishing oil and other fluids.

3.
Platform service, which includes

3.1
directing the aircraft on arrival and departure, assuming of airports / air traffic control does not provide these services,

3.2
Services at the parking of aircraft and the provision of suitable equipment, assuming of airports / air traffic control does not provide these services,

3.3
communication between the aircraft and platform service provider, assuming of airports / air traffic control does not provide these services,

3.4
loading and unloading of the aircraft, including the provision and operation of necessary equipment, transport of crew and passengers between the aircraft and the air terminal and transport of baggage between the aircraft and the air terminal,

3.5
service performance at the start of the aircraft and the provision of suitable equipment,

3.6
displacement of the aircraft at arrival and departure as well as delivery and operation of necessary equipment,

3.7
transport of food and beverages to and from the aircraft as well as loading and unloading of this.

4.
Handling of cargo and mail airside terms

Physical handling of freight and mail between aircraft and airport terminal on arrival, departure and transit.

Chap. 3. Main Policies on Ground Handling

§ 3-1. Establishment of Airport management owner of the airports or the individual airport system establishes and organizes airport administration for each airport.
If an airport or an airport system are not managed and operated by a single body but by several separate bodies, considered each of these bodies as part of the airport administration to the application of this regulation.
If it creates only one administration for several airports or airport systems, considered the individual airports or airport systems specific to the application of this regulation.

§ 3-2. Separation of accounts Airport Management which provides ground handling services must keep accounts for those services strictly separate from the accounts of its other types of business according to normal commercial principles. The same goes for airport use or service is provided ground handling services.
There is to be no financial transfers between the business airport administration athlete airport authority and its operations in ground handling services.
A statement from a chartered / certified accountant showing that the provisions of subsections are adhered shall annually sent CAA. Civil Aviation Authority on the basis of the thus devised auditor declarations verify and ensure compliance with those measures.

§ 3-3. Airport Users' Committee Airport Administration shall ensure that for each of the affected airports created a committee composed of representatives of airport users or organizations representing them.
All airport users shall have the right to participate in the committee, or to be represented there by an organization designated for that purpose, if they so wish.

§ 3-4. Selection of providers of ground handling services and users who exercise their own service Airport administration will decide who can provide ground handling services and who may exercise their ministry in accordance with the rules laid down in this Regulation. If the number of providers of ground handling services is limited, pursuant to § 3-6 and § 4-1, § 4-2 to § 4-8.

§ 3-5. Rules for providers of ground handling services, etc. Providers of ground handling services and users who exercise their own service shall exercise these services in accordance with the provisions laid down in Norwegian law, these regulations and the Airport Administration pursuant to this regulation.
To ensure proper operation of the airport, the Airport Administration set guidelines for service or airport users who exercise their own service. Such policies must be applied to the various service providers and users on a non-discriminatory manner. The guidelines must be related to the objective to be achieved, and they should not lead to the market or the freedom to exercise their ministry in practice restricted to a lower level than that provided by the regulations.
If these guidelines are not adhered to, the airport administration deprive that service or use right to deliver ground handling service providers or exercising their service.


§ 3-6. Market access for ground handling services to third parties Airport administration has a duty to ensure that the necessary measures to ensure providers of ground handling services to third parties free access to the market for the provision of such services, unless otherwise provided by this regulation.
For Ground Handling airside as mentioned in § 2-3 to Airport administration decide to limit the number of service providers, but no fewer than two for each category.
From 1 January 2001, at least one of the service providers that are selected as a result of decision limitation, not be directly or indirectly controlled by

A)
airport administration or

B)
an airport user who has carried more than 25% of the passengers or freight recorded at the airport during the year before the year in the selection of these service providers took place, or

C)
a body controlling or directly or indirectly controlled by the said airport management or airport user.

If the number of service suppliers authorized to provide ground handling services is limited by subsections must Airport Administration ensure that the restriction does not prevent an airport user in order to make a real choice between at least two service providers for each group of ground handling services airside . This shall apply regardless of which part of the airport that it uses has been assigned.

§ 3-7. Access to dedicated service Airport administration has a duty to ensure that the necessary measures to ensure the free exercise of self-service, unless otherwise provided by this regulation.
For Ground Handling airside as mentioned in § 2-3, the airport administration decide that the right to exercise their service must be reserved at least two airport users, provided they are chosen from relevant, objective, transparent and non-discriminatory criteria.

§ 3-8. Centralized infrastructures Airport Administration decide within the scope of this regulation what is centralized infrastructures for each airport, and may decide that providers of ground handling services and users who exercise their own service to use these infrastructures.
Airport Administration shall ensure the management of the centralized infrastructures. The management should be transparent, objective and non-discriminatory, and performed in such a way that it does not prevent providers of ground handling services and airport users who exercise their services to gain access to the infrastructures within the limits laid down in this Regulation.

§ 3-9. Access to airport facilities Airport Administration shall ensure that service providers and airport users wishing to exercise their services, have access to airport installations to the extent that the access is necessary for them to run their business. Airport Administration may set conditions for such access, provided that conditions are relevant, objective, transparent and non-discriminatory.
The area which is available to the ground handling services at airports should be distributed among the various service providers and users who exercise their own service, including new entrants in the field, to the degree that they can exercise their rights and to ensure effective and fair competition. Shall be distributed on the basis of guidelines and criteria that are relevant, objective, transparent and non-discriminatory.
If airport management requires payment for access to airport facilities, the payment shall be determined on the basis of criteria that are relevant, objective, transparent and non-discriminatory.

§ 3-10. Consultation Airport administration has an obligation to implement a system of consultation with airport users' committee and providers of ground handling services. Such consultation shall include the price of the services is granted except in accordance with § 3-6, and how the benefits of them to be organized. It will be held consultation at least once. year.

Chap. 4. Exceptions market

§ 4-1. Exceptions If certain limitations with respect to disposable space and capacity of an airport, particularly caused by overload and the degree of land use, makes it impossible to access to the market and / or the pursuit of their service to the extent provided for by this Regulation may CAA decide the following:

A)
Limiting the number of those who provide one or more categories ground handling services at the country side as mentioned in § 2-2, in the entire airport or parts of it. In that case, the provisions of § 3-6 second to fourth paragraphs accordingly.

B)
Only let a single service provider delivering ground handling airside as mentioned in § 2-3.

C)

La exercise of own services of ground handling services at the country side as mentioned in § 2-2, to be reserved for a limited number of airport users, provided that users are selected on the basis of criteria that are relevant, objective, transparent and non-discriminatory.

D)
Prohibit own service of ground handling services airside as mentioned in § 2.3, or limit the exercise to a single user.

§ 4-2. More on exceptions All exceptions made pursuant to § 4-1

A)
pinpoint category or categories ground handling services for which the exemption applies for and the specific problems with regard to disposable space and capacity that makes it justified, and

B)
be accompanied by a plan of appropriate measures to remedy the under a) mentioned problems.

Exceptions shall also not

I)
wrongful injury Regulations goals

Ii)
cause distortions of competition between providers of ground handling services and / or airport users who exercise their own service or

Iii)
be too extensive.

CAA shall notify the Commission of any exception granted pursuant to § 4-1, ref. § 4-2, and explain the basis. Such notice shall be given not later than three months before the exemption takes effect.
Commission shall prepare an overview of the announced exceptions in the EEA Supplement to the Official Journal and give interested parties the opportunity to express themselves.
Commission shall review the specific circumstances and the granted exception, and conduct a detailed assessment of whether it is impossible to open the market and / or allow their action so this regulation requires.
Commission may refuse to approve exceptions that are not strictly necessary. Commission can also change the scope of the exception or limitation for parts of the airport or airport systems.
Surveillance Authority's decision shall be made within three months after the notice mentioned in the first paragraph and shall be published in the EEA Supplement to the Official Journal.

§ 4-3. Exceptions Duration exceptions as mentioned in § 4-1 section. B) can not be given longer duration than two years. Commission may, upon request from the Civil Aviation Authority may decide that the period be extended once by two years.
Otherwise the exemption under § 4-1 have duration of more than three years. Within three months of the expiry of this period, the airport administration again take a decision on any request for exemption, which is also covered by the procedures in this chapter.

§ 4-4. Selection Procedures when the number of service providers is limited if the number of service providers is restricted pursuant to § 3-6 or § 4-1 the following shall apply for the selection procedure:

A)
If airport administration prepares standard conditions or technical specifications provider of airport services shall comply with, the terms or specifications drawn up after prior consultation with airport users' committee. The selection criteria laid down in the standard conditions or technical specifications must be relevant, objective, transparent and non-discriminatory.

Ministry may stipulate in the standard conditions or technical specifications with which the service must fulfill, that the imposition of public service obligations shall include airports serving peripheral regions or areas that lag behind in development and which have no commercial importance but which are of fundamental importance of national considerations, cf. § 5-3.

B)
shall be issued a call for tenders published in the Official Journal, and that any interested service provider can answer.

§ 4-5. The selection Service providers should be selected:

A)
Off Airport administration after consultation with the airport users' committee, assuming that the airport administration

-
Not provide similar ground handling services in the current Airport

-
Not directly or indirectly controlled by an entity providing such services, and

-
Has no interest in such an undertaking.

B)
In the other cases of CAA, on the advice of airport users' committee and airport administration.

§ 4-6. Duration Service Providers are selected for a maximum period of seven years.
Terminates a service with its operations before the expiry of the period he or she is chosen, the successor elected by the same procedure.


§ 4-7. Airport Administration's performance of ground handling services if the number of service providers is limited in accordance with § 3-6 or § 4-1, the airport administration itself provide ground handling services without being subjected to the method of selection specified in § 4-4. Similarly, airport administration give another entity authorized to provide ground handling services in the affected airport without letting it be subjected to said method

-
If airport management directly or indirectly controls the company, or

-
If the entity directly or indirectly controls airport administration.

§ 4-8. Notification to airport users 'committee Airport Administration shall inform airport users' committee of decisions made pursuant to § 4-4 - § 4-7.

Chap. 5. Miscellaneous provisions

§ 5-1. Requirements for EEA establishment Ministry may decide that providers of ground handling services shall be established in an EEA country.
Ministry may likewise decide that providers of ground handling services or users that belong in third countries should not enjoy the rights provided for under this Regulation, unless there is reciprocity in terms of market access or access to their service in their homeland.

§ 5-2. Permission Ministry may decide that a provider of ground handling services or a user exerts own service at an airport must have permission from a public authority before the activity can be exercised.
Permit shall be issued by the relevant criteria such as. a healthy financial situation and sufficient insurance coverage, general and operational safety of installations, aircraft, equipment and persons as well as environmental protection and compliance with the relevant social legislation.
The following principles should be respected:

A)
The criteria shall apply to the different service providers and users on a non-discriminatory manner.

B)
They should reflect the goals to be achieved.

C)
They will not lead to the market or the freedom to exercise their own services in practice reduced to a level lower than that stipulated in this regulation.

The criteria must be published and the service or airport user who exercise their service shall be informed in advance about the procedure for obtaining permission.
A permit may only be refused or revoked if the provider or airport user who exercise their service does not meet the criteria referred to in the preceding paragraph, the reasons which they themselves are responsible. The grounds for refusal or withdrawal must be communicated to the service provider or the user as well as the current airport administration.

§ 5-3. Commitment to public tjenesteyelse Ministry may order providers of ground handling services to undertake commitment to public service obligations, including the obligation to ensure uninterrupted service performance.
The requirements for participation shall be reasonable and non-discriminatory.

§ 5-4. Supervision CAA may issue further rules concerning the requirements to be imposed on airport management and will oversee that airport administrations comply with the provisions of this regulation.

§ 5-5. Appeals If provider of ground handling services or users exercising their service believes that the airport administration has made a decision in accordance with the provisions of this regulation, they can bring the matter before the Civil Aviation Authority for decision. Other legal interest in the subject matter may also request decision.
CAA decision under the preceding paragraph may be appealed to the Ministry of Transport in accordance with Public Administration.

Chap. 6. Commencement

This regulation comes into force on 3 December 2000.

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