Directive 96/67/EC of the Council of 15 October, on access to the market in groundhandling at Community airports, establishes the common regulatory framework for the provision of such services in the Member States. The Community legislation part of the indispensability of groundhandling for the proper functioning of air transport and the efficient use of airport infrastructure and focuses on opening the market on free competition, in a progressive manner adapted to the needs of the sector.
The additional provision of forty of the law 66/1997, of 30 December, tax, administrative and social order, started the incorporation into Spanish of Directive 96/67/EC legislation, determining criteria as they may be established which, through regulatory, limitations on the provision of assistance in land aircraft, passengers and goods, as well as the right to self-help in Spanish airports and authorizing the Government to establish the assumptions and conditions in which comes the Declaration of public service in the provision of such a service obligation.
This Royal Decree gives fulfillment to the aforesaid article legal and complete the reception of Directive 96/67/EC.
It establishes the requirements for the exercise of care in the airports of general interest services, it liberalized, with some exceptions, the regime for the provision of such services, regulate the cases in which, because of the space available, capacity, security and other conditions specific to an airport, the number of agents or users who provide support services should be limited and instructs the public enterprise Aeropuertos españoles y Navegación Aérea (AENA) the management of the airport infrastructures which, by its complexity, cost or environmental impact, should remain under the responsibility of the Airport Authority.
By virtue, on the proposal of the Minister of development, with the prior approval of the Minister of public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of July 2, 1999, available: article 1. Object and scope of application.
This Royal Decree is to regulate the provision of support services at the airports of general interest.
When an airport is reached one of the thresholds of cargo transportation to that referred to in articles 3 and 4 but not for the carriage of passengers, the provisions of this Royal Decree do not apply in regards to the categories of groundhandling services reserved only for passengers.
Article 2. Definitions.
A_efectos_de this Royal Decree refers: to) an airport user: any natural or legal person who carry by air passengers, mail or cargo with origin or destination in the airport.
(b) groundhandling: services to a user in an airport such as described in the annex.
(c) ramp services: services that are essentially provided on the airport ramp and constitute the categories of groundhandling, from among those described in the annex, which are listed below: 1 luggage assistance.
2. assistance to operations on track.
3rd attendance of fuel and lubricant.
4th assistance of freight and mail in regards to the physical handling of freight and mail between the airport terminal and the aircraft, both on arrival and departure or in transit.
(d) freedom to self-handle on Earth: situation in which a user provides directly, himself, one or more categories of assistance, not held any contract, either with a third party that is its name, whose object is the provision of such services. A user not be considered third party with respect to another user when: 1 one of them is more than 50 per 100 of the capital of the other.
2nd a same entity has more than 50 per 100 of the capital of each of them.
(e) ground handling agent: any physical or legal person that provide one or more categories of groundhandling services to third parties.
(f) third country: country which does not belong to the European Union or which, in the field of air transport, has not signed agreements with the European Union that could take him to the status of a Member State.
Article 3. Self-handling.
1. users that have enabling title regulated in article 9 may self-handle on Earth, for the whole of the services listed in the annex, other than the ramp, at all airports of general interest.
2. by order of the Minister of development, on the proposal of the public enterprise Aeropuertos españoles y Navegación Aérea (AENA), may be limited, to a minimum of two, the number of users authorized to self-handle to one or more of the categories of ramp services, airports whose annual traffic is not less than 1 million passenger movements or 25 000 tonnes of cargo by plane. Limitations must be justified for reasons of space, capacity, operation and safety of airport enclosures or by other causes listed in the provision added forty of the law 66/1997, of 30 December, of fiscal, administrative and social order.
3. at airports that do not reach the threshold of transport determined in paragraph 2, AENA may authorize the practice of self-handling users only when the physical characteristics of facilities, their conditions of use and the safety of aircraft and permit.
If the number of interested users is higher than permitted by the capacity of the airport, AENA will make the selection giving priority to those who had achieved higher volume of commercial operations at the airport in the immediately preceding year.
Article 4. Assistance to third parties.
1 ground assistance agents established in a Member State of the European Union or in a State based on the agreement on the European economic area, accredited in accordance with the provisions of article 9, may provide groundhandling services to third parties, other than the ramp services, airports of general interest.
2. in airports whose annual traffic exceeds one million passengers or 25,000 tons of cargo transported by air, the number of ground handling agents who may provide ramp services categories shall be limited to two per category of service. Airports whose annual traffic is less than the above, there will be a single agent providing ramp services to third parties.
3. by order of the Minister of development, on the proposal of AENA, it may be increased progressively the number of agents when permitted by the conditions at the airports. To this end, AENA rise annually a report to the Ministry of public works on the evolution of the quality of the services of groundhandling, as well as the corresponding price.
Article 5. Infrastructure for centralized management.
1 refers to AENA management of the airport infrastructures, such as the classification of the luggage, cleaning of frost, water purification or distribution of fuel, which serve to provide groundhandling services whose complexity, cost or environmental impact does not allow its division or duplication. AENA will require the suppliers of groundhandling services ashore and users that self-handling use of these infrastructures.
2 ground assistance agents and users that self-handling must not use equipment, systems or elements for the provision of services of alternative or substitute ground handling of the infrastructures referred to in this article.
3 AENA will manage infrastructure reserved in a transparent, objective and non-discriminatory way by facilitating access to the same by agents of assistance with users that self-handling.
Article 6. Exceptions.
1. when in an airport or part of it exist limitations objective of availability of space or capacity of the facilities, in particular because of congestion or of the utilization of the surface of the airport grounds, to make impossible the provision of support services in land in accordance with the provisions of articles 3 and 4 (, the Secretary of State for infrastructure and transport may agree: to) book the practice of self-handling for one or more services listed in the annex, other than to ramp services, to a limited number of users, selected on the basis of relevant, objective, transparent and non-discriminatory criteria.
(b) prohibit or limit the exercise of self-handling for one or more categories of ramp services to a single user.
(c) limit the number of suppliers of groundhandling services in land for the provision of one or more categories of services listed in the annex, other than to ramp services.
(d) reserved a single agent for the provision of one or more categories of ramp services.
2. the resolution of the Secretary of State for infrastructure and transport will be adopted a proposal from AENA, who previously held a consultation to the affected airport users Committee. AENA proposal shall include the following:
(a) the airport or the part of it that is to be applied the exception.
(b) the category or categories of services to which intends the exception and the specific constraints of available capacity space or justifying it.
(c) plan of measures to overcome the limitations that motivate the exception.
(d) number of groundhandling officers authorized to supply such services and airport users authorized to practice self-care in relation to the categories of affected services.
(e) the period of application of the limitation and date for your application.
3. limitations or reservations taken as laid down in paragraph 1 does not unduly prejudice the free access to the provision of groundhandling services, will not cause distortions of competition between suppliers of groundhandling services or users, nor will have greater extension than required.
4. the Ministry of public works, through the competent authority, shall notify the European Commission taken exceptions, at least three months before the date that will apply, along with the measures envisaged to overcome the limitations that have motivated them.
5 the duration of the limitations or reservations adopted in application of the provisions in paragraphs to), b), c) of paragraph 1 shall not exceed three years. Extension, beyond this period, shall be adopted in accordance with provisions for their initial establishment.
6 the book to a single agent of groundhandling in one or several categories of ramp, provided by paragraph d) of paragraph 1, may not extend for a period exceeding two years. The Secretary of State for infrastructure and transport, previous favourable decision of the European Commission, may extend that period by two years remaining when the circumstances that gave rise to the initial decision.
7 the selection of users agreed pursuant to the provisions of paragraphs a) and b) of paragraph 1, shall be made by AENA in accordance with the following criteria: 1 for the category of assistance to passengers: the users who request to exercise self-help and performing the highest number of passenger movements at the airport in the preceding year.
2nd for cargo and mail assistance: those who have transported the largest volume of tons of cargo with origin or destination in the airport, in the preceding year.
Article 7. Users Committee.
1. at all airports where air traffic levels referred to in paragraph 2 of article 3 and paragraph 2 of article 4 are met shall be constituted a Committee of users, which users or organizations representing them shall form part.
All airport users shall have the right to be part of the Committee or, at its option, to be represented on it by an organization who have entrusted this function.
2 AENA will consult at least once a year, user committees and ground handling agents who provide services at airports, in connection with the measures adopted in implementation of this Royal Decree.
Consultations will concern, in particular, the prices of the services that have been the subject of a derogation granted in accordance with paragraph d) of paragraph 1 of article 6, to the Organization of the provision of care services, to the tender documents approved for select agents for assistance in tierrayalaseccion agents and users.
3. the reports of committees of users will be issued within a maximum of two months since they were requested. Elapsed without an express statement, means that they are favourable to the proposals made by AENA.
Article 8. General requirements and rules of conduct.
1. users of an airport that self-handling and ground handling agents who provide services for third parties should sign a contract with AENA, which will reflect, in any case, the conditions of use of the airport public domain, measures to ensure the continuity of care services and the standards of conduct to observe to the good management of the airport.
2. standards of conduct apply in non-discriminatory between the suppliers of groundhandling services and airport users, shall be related to the operation of the airport and will not restrict, in practice, the provision of support services under the conditions laid down in this Decree.
3. by order of the Minister of development may impose to agents of groundhandling participating, equitable and non-discriminatory way in the implementation of the public service obligations for an airport and, in particular, the continuity of the service.
Article 9. Authorization.
1. the provision of services for assisted ashore by an agent or self-handling by a user at the airports of general interest requires prior obtaining of an authorization.
2. the Directorate-General of Civil Aviation is responsible for the granting of authorisations to agents and users who request it and fulfil the conditions laid down in the following article.
3. the authorizations will be granted for a maximum period of seven years, but its validity will be conditioned to the maintenance of the conditions which gave rise to its collection, and may be renewed upon request by the person concerned. For this purpose renewal application must occur with a least six months in advance to your due date.
Article 10. Conditions and obligations required of agents and users.
1 to obtain an authorization enabling for the provision of groundhandling or self-handling, the interested services shall comply with the following general conditions: to) ground assistance to third-party agents must be aware of the fulfillment of tax obligations or Social Security imposed by the regulations.
(b) not have been convicted, by final judgment, to penalties of debarment or suspension, except those imposed by events that they had no direct relationship with the airport activity, as long as no criminal liability has been extinguished.
(c) for ground assistance to third-party agents, have not been declared bankrupt, in competition of creditors or insolvent failed in any procedure.
(d) not have been sanctioned by a firm resolution which put an end to the administrative procedure, by very serious breaches in terms of protection of people, facilities, aircraft, and equipment and airport security.
(e) not having been sanctioned offences very serious or serious, firm resolution which put an end to the administrative procedure, in application of the law 8/1988, of 7 April, on offences and penalties of the social order.
2 agents and authorized users must comply, in addition, the following obligations: to) have a center of operation or permanent establishment in Spain with operational capability appropriate to the activities.
(b) have a policy of liability insurance covering the risks of the activity, up to an amount to be determined for each airport, depending on the volume of services provided, with a minimum of 500,000,000 pesetas subscribed.
(c) carry on business in accordance with standards of airport security and protection of persons, facilities, equipment and aircraft with the technical regulation on air transport security.
(d) to adapt their accounting to the accounting separation principle referred to in article 15.
(e) the rules of operation of the airport in which they provide services.
(f) comply with the standards of protection of the environment, as well as the applicable social legislation.
Article 11. Applications for authorisation.
1. those interested in obtaining an authorization for the provision of groundhandling or self-handling services must make an application to the Directorate General of Civil Aviation, which shall be accompanied by documents justifying the fulfillment of the conditions prescribed in paragraph 1 of article 10.
The fulfilment of the conditions laid down in paragraphs b), c), d) and e) of that paragraph may be established by a declaration of responsible of stakeholders not found in any of the circumstances to which they refer.
2 applicants for authorization to provide groundhandling services must provide, in addition, the following documents: to) certificate of registration in the commercial register and, in the case of corporations, public deed stating the bylaws and list of members who have at least one 10 by 100 titles or a controlling stake.
(b) a copy of the annual accounts for the last financial year, audited if it were coming, or a forecast of the balance in the account of profit and loss during the following two fiscal years.
(c) report of the facilities, equipment and materials and personal, owned or available media attached to the airport activity.
3. the General Directorate of Civil Aviation may require applicants bring, within the period of ten days, the additional information that is necessary to verify compliance with the conditions required for the granting of the authorization.
Interested parties shall be required, also to communicate to the Directorate General of Civil Aviation modifications of the conditions that served as the basis for the authorization.
Article 12. Granting of the authorisation procedure.
1. the Directorate-General of Civil Aviation will process, resolve accordingly and notify interested parties, pursuant to the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, applications for authorisation, within a maximum period of six months from the date in which the same have had input in your registration.
Once the maximum period to solve without having express resolution has relapsed, the request may be estimated.
2. against the decision of the General Directorate of Civil Aviation may be interested brought appeal to the Secretary of State for infrastructure and transport, whose resolution will put an end to the administrative procedure.
Article 13. Suspension and revocation of authorisations.
Subsequent breach of any of the conditions or requirements that gave rise to the granting of the authorization will give rise to the suspension injunction by the Directorate General of Civil Aviation and to the initiation of the procedure of its repeal, in which audience will be given to the person concerned.
Article 14. Selection of ground handling agents.
1 the selection of agents of groundhandling services ramp in the cases provided for in article 4(2) and in paragraphs c) and (d)) article 6.1 will be held according to the following rules: to) AENA, after consultation with the users Committee, approve the specifications or technical specifications which must abide by stakeholders. The selection criteria laid down in the specifications or technical specifications must be appropriate, objective, transparent and non-discriminatory and will, when appropriate, reference to the obligation of the subrogation of staff support agent to relieve.
(b) AENA will convene the tender, to be published in the official journal of the European communities, which may take part in all the stakeholders of groundhandling.
(c) suppliers of groundhandling services shall be selected by AENA, after consulting the Committee of users, when they do not provide similar services at the airport and not to control, directly or indirectly, or have participation in a company that provided the same services at that airport.
(d) in the remaining cases, the selection will be made, after consulting users Committee and report of AENA, by the Directorate General of Civil Aviation, which previously approved the specifications or technical specifications and convene the tender.
(e) suppliers of groundhandling services shall be selected for a period of seven years.
(f) If a support agent ceases his activity before the expiry of the period for which it has been selected, it will be replaced by the same procedure.
(g) the selected suppliers of groundhandling services must have the authorization referred to in article 9 and shall be obliged to provide the service during the period for which they were selected.
2 AENA will directly provide groundhandling services, without submitting to the selection procedure laid down in paragraph 1, or authorize another company, controlled by the entity, for your benefit.
3 starting from January 1, 2001, at least one of the agents of groundhandling selected should be separate from AENA, of users that have transported more than 25 per 100 passengers or freight recorded at the airport and entities that control or are controlled directly or indirectly by AENA, or by the user during the year prior to the selection.
4 AENA will inform the users Committee of the measures taken in application of this article.
5 except in the case of the exceptions agreed pursuant to the provisions of article 6, AENA should ensure all users of an airport can choose, for the provision of each service category of ramp, at least between two ground handling agents.
Article 15. Accounting separation.
1. users and agents that provide groundhandling services must be a strict accounting separation, pursuant to applications and business practices supported, among the activities for the provision of such services and other activities. The same obligation shall be enforceable at AENA takes place when such services.
2. the separation of accounts must be accredited before the Directorate General of Civil Aviation, through audit reports made in accordance with law 19/1988, of July 12, of audit of accounts.
3. the accounting control of AENA shall be carried out in accordance with the provisions of the Royal Decree 2188 / 1995 of 28 December, which develops the system of internal control exercised by the General intervention of the administration of the State.
Article 16. Access to facilities.
1 AENA, following a report of the users Committee, will determine the rules and conditions of access and use of the airport infrastructures, in such a way that allows the effective provision of groundhandling services to agents and users.
2 spaces available from the airport for the delivery of such services shall be distributed between the ground assistance agents and users that self-handling, in accordance with relevant, objective, transparent and non-discriminatory criteria.
Article 17. Reciprocity with third countries.
1. the Directorate-General of Civil Aviation may refuse assistance in tierrayalos agents users of third countries the right to provision of assistance at the airports of general interest, when the authorities of those countries do not recognize the agents and Spanish users the right to provide such services or do not permit its effective exercise , in the same conditions as those established for agents and national users.
2. the Ministry of public works, through the competent authority, shall notify the European Commission surveys or denials made in application as provided in the preceding paragraph.
Article 18. Information.
The Ministry of public works, through the competent authority, shall notify the European Commission, before July 1 of each year, the data required for the publication of the list of airports to which refers article 1(4) of Directive 96/67/EC and will provide you with accurate information on the provision of services at the Spanish airports.
AENA previously cited governing body supplying the information necessary for the performance of such obligations.
First additional provision. Airport capacity for the practice of self-care.
1. at the airports whose capacity allows the practice of self-care by a higher number of users which, at the beginning of the entry into force of this Royal Decree, it has contracts in place for its exercise, the selection of new users, up to the limit of the capacity of each airport, held by AENA, giving priority to those who had achieved higher volume of commercial operations at the airport in the immediately preceding year.
2. in the period of one year from the entry into force of this Royal Decree, AENA will prepare a report that will evaluate the ability of each airport, for the purposes of paragraph 2 of article 3, and shall be determined availability for the practice of self-care. Until that time, the number of users that self-handling at each airport will not be exceeding, in any case, the existing nowadays.
3 set each airport capacity, will be granted priority for the practice of self-handling users that had the contract to the date of entry into force of this Royal Decree. Excess capacity will be allocated between new requests according to the criterion set out in paragraph 1.
Second additional provision. Adoption of the rules of conduct and relationship of centralized management infrastructure.
Within the period of six months from the entry into force of this Royal Decree, the Secretary of State for infrastructure and transport approve a proposal from AENA, standards of conduct for good airport management and the relationship of management infrastructures centralized according to regulated in article 5.
Third additional provision. Computation of the number of ground handling agents.
1. the provision by AENA's support services in land, in accordance with the provisions of paragraph 2 of article 14, will be taken into account for the purposes of determining the number of ground handling agents to which refers to paragraph 2 of article 4. Agents that provide only assistance of fuel and lubricant, or are not counted, by contrast, nor which provide ramp services exclusively to aircraft performing flights ambulance or flights for own use, such as private transport company or the flights made by the charterer of an aircraft for their personal transportation.
2. the suppliers of groundhandling services to third parties and users that self-handling may subcontract, authorization of AENA, cleaning services for aircraft and assistance to disabled passengers.
Fourth additional provision. Selection of agents at the airports of less air traffic.
For purposes of the selection of the officials responsible for the provision of support services in land to third parties, in the airports whose annual traffic is less than two million passenger movements or 50,000 tons of cargo transported by plane, AENA will group some or all of the airports in a single selection process. Otherwise, the selection will take place in accordance with the procedure set in article 14.
First transitional provision. Suppliers of groundhandling services and users who practice self-help beforehand.
Ground handling agents which, at the date of entry into force of this Royal Decree had been providing such services, can continue their activity until the date of termination of their contracts at each airport and, where appropriate, to guarantee the continuity of these services, until the moment in which starts the activity of agents selected in accordance with the General rules laid down in this Decree.
Ground handling agents and users which, on the entry into force of this Royal Decree provided ground handling services and intend to continue these activities, will have within a year to get regulated in article 9.
Second transitional provision. Establishment of user committees.
Within a maximum period of two months from the entry into force of this Royal Decree, AENA will convene the airport users for the effective establishment of user committees. The rules of operation of user committees will be agreed by its members and approved by the Director-general of Civil Aviation.
First final provision. Enabling legislation.
The Minister of public works is authorized to issue rules needed for the development and implementation of this Royal Decree.
Second final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid on July 2, 1999.
JUAN CARLOS R.
Development Minister RAFAEL ARIAS-SALGADO MONTALVO annex list 1 groundhandling services. The ground administrative assistance and supervision comprise: a) services of representation and liaison with local authorities or any other person, the costs incurred by the user account and the supply of local representatives.
(b) the control of loading operations, posts and telecommunications.
(c) the handling, storage, maintenance and administration of loading units.
(d) any other supervision services before, during or after the flight and any other administrative service requested by the user.
2. the assistance to passengers includes all forms of assistance to passengers on departure, arrival, in transit or in correspondence, particularly in control of tickets and travel documents, billing for baggage and luggage transport to sorting facilities.
3 baggage assistance comprises handling baggage in the room's classification, classification, preparation for shipment, and loading and unloading of the systems designed to take them from the aircraft to the sorting room and vice versa, as well as transporting baggage from the sorting room distribution room.
4 freight and mail assistance includes: to) as to load, export, import or transit, physical manipulation, treatment of the relevant documents, customs formalities and all precautionary measures agreed between the parties or required by the circumstances.
(b) with regard to the mail, both arrival and departure, physical manipulation, treatment of the relevant documents and any measure precautionary measures agreed between the parties or required by the circumstances.
5 runway operations assistance includes: to) guiding the aircraft to the llegadayalasalida (as long as these services are not performed by the air traffic service).
(b) assistance to the aircraft to its parking lot and the provision of appropriate means (as long as these services are not performed by the air traffic service).
(c) communications between the aircraft and ground handling agent (provided that these services are not performed by the air traffic service).
(d) the loading and unloading of the aircraft, including the supply and use of the means, as well as the transport of crew and passengers between the aircraft and the terminal, and baggage transport between the aircraft and the terminal.
(e) assistance for the start of the aircraft and the provision of appropriate means.
(f) the movement of the aircraft, both on departure and on arrival, and the supply and implementation of the necessary means.
6 cleaning and service of the aircraft assistance includes: to) clean the outside and inside of the aircraft, service of toilets and water service.
(b) the air conditioning and heating of the cabin, cleaning of snow, ice and frost of the aircraft.
(c) the packaging of the cabin to cabin equipment and storage of such equipment.
7 fuel and lubricant assistance includes: to) the organisation and execution of filling and emptying of fuel, including storage and control of the quality and quantity of deliveries.
(b) the load and lubricants and other liquid ingredients.
8 the online maintenance support includes: to) regular operations carried out before the flight.
(b) the particular operations required by the user.
(c) the supply and management of equipment needed for maintenance and spare parts.
(d) the request or reservation of a point of parking or a hangar for maintenance operations.
9 assistance from flight operations and crew administration comprise: a) the preparation of the flight at the departure airport or anywhere else.
(b) assistance in flight, including, if applicable, the change of route in flight.
(c) the flight services.
(d) the administration of the crew.
10 surface transport assistance includes: to) the organisation and execution of passengers, crew, baggage, cargo and mail transport between different terminals of the airport, excluding any transport between the aircraft and any other place in the grounds of the airport.
(b) any special transport requested by the user.
11 the assistance of stewardship («catering») includes: to) relations with suppliers and administrative management.
(b) storage of food, beverages and accessories required for its preparation.
(c) cleaning accessories.
(d) preparation and delivery of the material and foodstuffs.
(e) the transport, loading and unloading of food and beverage of the aircraft.