In order to comply with the additional 40th of Law 66/1997, of December 30, of fiscal, administrative and social measures, and to complete the receipt by the Spanish legal order of the Directive 96 /67/EC of the Council of 15 October on access to the market for groundhandling at Community airports was approved by Royal Decree 1161/1999 of 2 July 1999 on the provision of services for the provision of services Ground handling airports.

This Royal Decree aims to introduce certain amendments to the system of authorisations for the provision of groundhandling services in order to adapt it to the characteristics of each airport, and to assess with greater rigour the provisions of that Directive in relation to the subcontracting of activities in the case of self-handling, the accounting control of the absence of financial transfers and the requirement of an operating centre or permanent establishment in Spain.

In its virtue, on the proposal of the Minister of Development, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day 25 January 2002,

D I S P O N G O:

Single item. Amendment of Royal Decree 1161/1999 of 2 July 1999 regulating the provision of airport services for groundhandling services.

1. Articles 1, 4.3, 4.4, 9.1, 10.2.a), 11.1, 11.2.a), 13, 14.1.c), 14.2, 14.3 and 15.3, as well as the additional provision fourth to Royal Decree 1161/1999 of 2 July 1999, which are hereby amended as

:

One. Article 1. Object.

"This Royal Decree aims to regulate the provision of groundhandling services at airports of general interest."

Two. Article 4.3.

" 3. At airports where the annual traffic is lower than that indicated in the preceding paragraph, there shall be a single agent providing ramp services to third parties by category. '

Three. Article 4.4.

" 4. By Order of the Minister of Public Works, on a proposal from AENA, the number of agents may be progressively increased when conditions at airports permit. To this end, AENA will annually raise a report to the Ministry of Public Works on the evolution of the quality of groundhandling services, as well as the corresponding prices.

However, when the conditions of the airport permit, AENA may increase the number of agents providing ramp services exclusively to the aircraft they perform.

general aviation, air-work or non-regular commercial air transport operations with aircraft with a maximum take-off weight of less than 10 tonnes or having less than 20 seats, provided that the charterer or charterers do not resold part of the capacity to third parties. '

Four. Article 9.1.

" 1. The provision of groundhandling services by an agent or self-handling by a user requires prior authorisation for each of the airports of general interest.

In the case of the provision of the service by a temporary union of undertakings, it shall be a requirement that each and each of them hold such authorisation. "

Five. Article 10.2.a).

" 2. In order to carry out the activity, authorised agents and users shall, in addition, comply with the following obligations:

(a) Dispose of an operating centre with adequate operational capacity for the activity they develop. "

Six. Article 11 (1)

" 1. Those interested in obtaining an authorisation for the provision of groundhandling or self-handling services shall make a request to the Directorate-General for Civil Aviation, specifying, for each airport, the following: categories of service for which it is requested and which shall be accompanied by documents justifying compliance with the conditions laid down in Article 10 (1).

Compliance with the conditions laid down in paragraphs (b), (c), (d) and (e) of that paragraph may be furnished by a statement responsible for the persons concerned that they are not in any of the circumstances to which they are They refer to them. "

Seven. Article 11 (2) (a)

" (a) Certificate of registration in the Mercantile Register, in the case of individual entrepreneurs, or the writing of a constitution or modification registered in the Commercial Registry, if they are businessmen who are persons (a) Spanish law and provided that this requirement is enforceable in accordance with the commercial law applicable to them. If it is not, the deed or document of incorporation, modification, statutes or founding act, in which it consists of the rules governing its activity, registered, if any, in the corresponding Official Register.

In the case of non-Spanish entrepreneurs from Member States of the European Community, or States signatory to the Agreement on the European Economic Area, the documentation certifying their registration in a professional register, trade or analogue where this requirement is required by the legislation of the respective State and, if not, a report issued by the Embassy or a Spanish Consular Office in the State in which the person concerned is a sworn statement that he has the capacity to be bound by the laws of his State.

Other foreign businessmen, the report issued by the Embassy or a Spanish Consular Office in the State in which it is indicated that they are registered in the local professional, commercial or analogue register or, in their absence, which have the capacity to be bound by the laws of their State and who normally act in local traffic in the field of the activities referred to in their application and, in addition, the report of that diplomatic representation or consular on the reciprocity of treatment of Spanish businessmen in the respective State. "

Eight. Article 13. Suspension and revocation of authorisations.

" The effectiveness of the authorizations shall be conditional upon the maintenance, at all times, of the conditions required for their granting.

The failure to comply with these conditions, as well as the obligations laid down in paragraphs (a), (b) or (d) of Article 10.2, and, in any case, of the other obligations laid down in the same Article, where In serious terms, the security of the airport or the regular operation of the airport services will lead to the precautionary suspension of the authorisation and the initiation of the corresponding procedure of revocation, in which it will be given always hearing the person concerned. If, during the processing of the procedure, the irregularities observed are remedied, the suspension shall be without effect.

Both the precautionary suspension and the revocation shall be adopted by the Directorate General of Civil Aviation by means of a reasoned decision. "

Nine. Article 14 (1) (c).

" (c) Assistance agents shall be selected by AENA, after consultation of the Users ' Committee, provided that AENA does not provide similar services at the airport and does not control, directly or indirectly, or has a stake in a the company providing the same services at that airport. '

Ten. Article 14.2.

" 2. AENA may directly provide groundhandling services without undergoing the selection procedure provided for in paragraph 1, or authorise another undertaking, controlled by the entity for the benefit, if it is taken into account for the purposes of the identification of the number of groundhandling agents referred to in Article 4. '

Once. Article 14.3.

" 3. As from 1 January 2001, at airports whose annual traffic is greater than two million passengers or 50,000 tonnes of cargo carried by air, at least one of the selected groundhandling agents shall be independent. of AENA, of the users who during the year preceding that of the selection have transported more than 25 per 100 of the passengers or cargo registered at the airport and of entities which control or are controlled directly or indirectly by AENA or for such users. "

Twelve. Article 15.3.

" 3. The accounting control of AENA, which shall in any event include the verification of the absence of financial flows between its activity as a managing body and its activity as an agent of assistance

on land, will be carried out in accordance with the provisions of Royal Decree 2188/1995, of December 28, for which the internal control regime exercised by the General Intervention of the State Administration is developed. "

Thirteen. Additional provision fourth. Selection of agents at airports with lower air traffic:

" For the purposes of the selection of the agents responsible for the provision of groundhandling services at airports whose annual traffic is less than two million passengers or 50,000 tonnes of cargo transported by aircraft, AENA may group all or some of the airports in a single selection process. In other words, the selection shall be carried out in accordance with the provisions of Article 14 (1) and (2). The references contained in that procedure to the Users ' Committee shall be construed as applicable as required in Article 7 (1). "

2. A new paragraph (g) is added to Article 2 of Royal Decree 1161/1999 of 2 July 1999, which reads as follows:

"(g) General Aviation: any aircraft operation other than that of commercial air transport or air transport."

3. The additional provision of Royal Decree 1161/1999 of 2 July 1999 on the provision of airport services for groundhandling services is hereby repealed.

Single transient arrangement. Adaptation of contracts.

Contracts on groundhandling services signed between AENA and agents and users should be reviewed in order to adapt them to the provisions of this Royal Decree. This review shall be carried out within three months of the date of entry into force of this Royal Decree.

Single end disposition. Entry into force.

This Royal Decree will enter into force on the day following its publication in the "Official State Gazette".

Dado en Madrid a 25 de enero de 2002.

JOHN CARLOS R.

The Minister of Development,

FRANCISCO ALVEZ-HELMETS FERNANDEZ