51995AP0272

A4-0272/95

Proposal for a Council Directive on access to the groundhandling market at Community airports (COM(94)0590 - C4-0180/95 - 94/0325(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 1

>Original text>

Whereas the Community has gradually introduced a common air transport policy with the aim of completing the internal market in accordance with Article 7a of the Treaty;

>Text following EP vote>

Whereas the Community is gradually introducing a common air transport policy with the aim of completing the internal market in accordance with Article 7a of the Treaty as a lasting contribution to promoting economic and social progress;

(Amendment 2)

Recital 2

>Original text>

Whereas the internal market comprises an area free of internal frontiers in which the free movement of goods, persons, services and capital is assured;

>Text following EP vote>

Whereas the internal market comprises an area free of internal frontiers in which the free movement of goods, persons, services and capital must be assured; whereas it is necessary to work towards an improvement of living and working conditions for employees of both sexes and to bring about an approximation by way of further developments;

(Amendment 3)

Recital 2a (new)

>Text following EP vote>

Whereas the Commission should study the social and economic consequences, of this Directive, and in general of all legislation concerning air transport liberalization, as the European Parliament has often requested, and make the results of these studies public;

(Amendment 4)

Recital 8a (new)

>Text following EP vote>

Whereas the study on airport services and the proposal on securing complete transparency of airport costs called for in the European Parliament's resolution of 9 March 1994 on the report by the Committee of Wise Men on European civil aviation1 have not as yet been acted on by the Commission;

1 OJ C 91, 28.3.1994, p. 51.

(Amendment 5)

Recital 8b (new)

>Text following EP vote>

Whereas, in its resolution of 14 February 1995 on the Commission communication on the way forward for civil aviation in Europe1, the European Parliament expressed its belief that account must be taken of the impact of liberalization in this area on employment and safety;

1 OJ C 56, 6.3.1995, p. 28.

(Amendment 6)

Recital 9

>Original text>

Whereas access to the groundhandling market would not affect the efficient operation of Community airports;

>Text following EP vote>

Whereas access to the groundhandling market would not affect the efficient operation of Community airports; whereas airports, as the link between air transport and land transport, are responsible for all the decisions required for practical and organizational reasons relating to all activities on the ground, including groundhandling, and, thanks to their knowledge of the location and subject, are competent in the matter;

(Amendment 7)

Recital 10

>Original text>

Whereas it is, therefore, necessary to establish the arrangements for access to the groundhandling market at Community airports and whereas it is essential to take account of the existing situation at airports;

>Text following EP vote>

Whereas it is, therefore, necessary to establish the conditions for access to the groundhandling market at Community airports and whereas it is essential to take account of the existing situation at airports;

(Amendment 8)

Recital 11

>Original text>

Whereas, for certain categories of services, however, access to the market and self-handling may come up against safety, security, available capacity and space constraints; whereas it is, therefore, necessary to be able to limit the number of suppliers of such categories of services; whereas it should also be possible to limit self-handling and whereas the criteria for such limitation must be relevant, objective, transparent and non-discriminatory;

>Text following EP vote>

Whereas, however, access to the market and self-handling must be bound by safety, security, available capacity and space constraints; whereas it is, therefore, necessary to be able to limit the number of suppliers of the categories of services concerned; whereas it should also be possible to limit self-handling and whereas the criteria for such limitation must be relevant, objective, transparent and non-discriminatory;

(Amendment 9)

Recital 13

>Original text>

Whereas the proper functioning of airports requires them to be able to reserve for themselves the management of certain infrastructures, which for technical reasons as well as for reasons of profitability and safety are difficult to divide or duplicate; whereas the centralized management of such infrastructures may not, however, constitute an obstacle to their use by groundhandlers or by self-handling users;

>Text following EP vote>

Whereas the proper functioning of airports requires them to be able to reserve for themselves the management of certain infrastructures and/or services, which for technical reasons as well as for reasons of profitability and safety are difficult to divide or duplicate; whereas the centralized management of such infrastructures may not, however, constitute an obstacle to their use by groundhandlers or by self-handling users;

(Amendment 10)

Recital 16

>Original text>

Whereas if fair and effective competition is to be maintained where the number of suppliers of services is limited, the latter need to be chosen according to a transparent and impartial procedure; whereas users should be involved in the selection since they have a major interest in the quality and price of the services which they require;

>Text following EP vote>

Whereas if fair and effective competition is to be maintained, the suppliers of services must be chosen according to a transparent and impartial procedure; whereas users should be involved in the selection since they have a major interest in the quality and price of the services which they require;

(Amendment 11)

Recital 19

>Original text>

Whereas the same transparency requirements must apply to users who have attained a significant volume of traffic at an airport and wish to provide groundhandling services to third parties;

>Text following EP vote>

Whereas the same transparency requirements must apply to users and providers of services who have attained a significant volume of traffic at an airport and wish to provide groundhandling services to third parties;

(Amendment 12)

Recital 21a (new)

>Text following EP vote>

Whereas, in order to counter the threat of social dumping, Member States should ensure an appropriate level of social standards for workers of companies providing groundhandling services;

(Amendment 13)

Recital 21b (new)

>Text following EP vote>

Whereas it is urgent to make progress with the harmonization of social legislation in the Member States in order to eliminate all risk of distortion of competition in this area;

(Amendment 14)

Recital 22

>Original text>

Whereas access to airport installations must be guaranteed to suppliers wishing to provide groundhandling services and to carriers wishing to self-handle to the extent necessary for them to exercise their rights;

>Text following EP vote>

Whereas access to airport installations must be guaranteed to suppliers authorized to provide groundhandling services and to users authorized to self- handle to the extent necessary for them to exercise their rights;

(Amendment 15)

Recital 23

>Original text>

Whereas it is justified that the rights recognized by this Directive should only apply to third country suppliers and carriers subject to strict reciprocity; whereas where there is no such reciprocity the Commission should be able to suspend these rights with regard to those suppliers and carriers;

>Text following EP vote>

Whereas it is justified that the rights recognized by this Directive should only apply to third country suppliers and carriers subject to strict reciprocity; whereas where there is no such reciprocity Member States should be able to suspend these rights with regard to those suppliers and carriers;

(Amendment 16)

Article 1(6)

>Original text>

6. 'managing body of the airport' means body which by national law or regulation has as its objective the management of the airport infrastructures, the coordination and control of the activities of the different operators present in the airport or airport system concerned.

>Text following EP vote>

6. 'managing body of the airport' means the legal person governed by public or private law wholly or to some extent responsible, under national provisions laid down by law or regulation, for managing one or more airports and for coordinating and supervising the activities of the different operators.

(Amendment 37)

Article 2

>Original text>

1. This Directive applies to any airport located on the territory of a Member State open to commercial traffic.

>Text following EP vote>

1. This Directive applies to airports located on the territory of a Member State open to commercial traffic and whose annual traffic is not less than one million passenger movements or 25.000 tonnes of freight.

>Original text>

However, the provisions of Articles 4, 5, 6, 10,11 and 12 shall apply only to airports

>Text following EP vote>

2. However, the provisions of Articles 4 and 6 shall apply only to airports

>Original text>

- whose annual traffic is not less than 2 million passenger movements or 50.000 tonnes of freight or

>Text following EP vote>

- whose annual traffic is not less than 4.5 million passenger movements or 50.000 tonnes of freight or

>Original text>

- whose traffic over the preceding 18 months is not less than one million passenger movements or 25.000 tonnes of freight during any period of six consecutive months.

>Text following EP vote>

- whose traffic over the preceding 18 months is not less than 2 million passenger movements or 50.000 tonnes of freight during any period of six consecutive months.

>Original text>

2. The Commission shall publish, for information, in the Official Journal of the European Communities a list of the airports referred to in the second subparagraph of paragraph 1. The list shall first be published within three months following the entry into force of this Directive, and then annually.

>Text following EP vote>

3. The Commission shall publish, for information, in the Official Journal of the European Communities a list of the airports referred to in paragraphs 1 and 2. The list shall first be published within three months following the entry into force of this Directive, and then annually.

>Original text>

Member States shall, before 1 July of each year, forward to the Commission the data required to compile the list.

>Text following EP vote>

Member States shall, before 1 July of each year, forward to the Commission the data required to compile the list.

(Amendment 17)

Article 3(1)

>Original text>

1. Where an airport or airport system is managed and operated not by a single body but by several separate bodies, each of these shall be considered part of the managing body of the airport for the purposes of this Directive.

>Text following EP vote>

1. Where several separate bodies are responsible for managing airport operations or services at an airport or within an airport system, each of those bodies shall be required to comply with the provisions of this Directive.

(Amendment 38)

Article 4(2)

>Original text>

2. A user who in the previous year has carried in excess of 25% of the freight or passengers recorded at an airport may not itself provide groundhandling services to third parties at that airport without unbundling the management and accounts of the transport activity from the supply of groundhandling services to third parties.

>Text following EP vote>

2. A user may not itself provide groundhandling services to third parties at an airport without unbundling the management and accounts of the transport activity from the supply of groundhandling services to third parties.

2a. If a supplier of groundhandling services operates at other airports and/or carries out other commercial activities, that supplier must unbundle the management and accounts of its groundhandling activities at that airport from its other activities.

(Amendment 18)

Article 4(3)

>Original text>

3. An independent examiner must check that the unbundling is carried out as required under paragraphs 1 and 2.

>Text following EP vote>

3. An independent examiner appointed by the Member State must check that the unbundling is carried out as required under paragraphs 1, 2 and 2a.

>Original text>

The examiner shall, in particular, check the absence of any financial flow from other activities to those of groundhandling.

>Text following EP vote>

The examiner shall, in particular, check the absence of any financial flow from other activities to those of groundhandling.

>Original text>

He shall at all times have access to the accounts of the undertaking. He shall report to the Commission at least once a year and each time he ascertains a failure to maintain the mandatory unbundling.

>Text following EP vote>

He shall at all times have access to the accounts of the undertaking relating to groundhandling. He shall report to the Member State concerned at least once a year and each time he ascertains a failure to maintain the mandatory unbundling. Copies of the reports shall be sent to the Commission.

(Amendment 19)

Article 4a (new)

>Text following EP vote>

Article 4a

Restructuring

In any restructuring arising from the implementation of this Directive, priority must always be given to safeguarding existing jobs and guaranteed social arrangements for employees.

(Amendment 20)

Article 5

>Original text>

1. Twelve months at the latest following the entry into force of this Directive, Member States shall introduce the measures necessary to set up a committee of users' representatives for each of the airports referred to in the second subparagraph of Article 2(1).

>Text following EP vote>

1. Twelve months at the latest following the entry into force of this Directive, Member States shall ensure that for each of the airports referred to in Article 2(1) a committee of users' representatives is set up.

>Original text>

2. All users shall have the right to be on the committee or, if they so wish, to be represented on it by an organization appointed to that effect. The decision-making procedure of the committee may take account of the volume of activity of the various users of the airport in question, while still ensuring that each of them is represented.

>Text following EP vote>

2. All users shall have the right to be on the committee or, if they so wish, to be represented on it by an organization appointed to that effect. Airport workers and representative organizations of passengers using the airport, where such organizations exist, shall also have the right to participate in this committee. The decision-making procedure of the committee may take account of the volume of activity of the various users of the airport in question, while still ensuring that all interests are represented.

>Text following EP vote>

The chairperson of the committee shall be appointed by the Member State and shall be independent of both the management body of the airport and the users.

>Text following EP vote>

2a. The Users' Committee shall assist the managing body of the airport in the selection of suppliers for groundhandling services, and shall have regular consultations with that body in order to help ensure that airport services and facilities are used efficiently.

(Amendment 21)

Article 6(1) and (2), first subparagraph

>Original text>

1. Member States shall, no later than two years after the entry into force of this Directive, take the necessary measures in order to ensure free access to the market for the provision of groundhandling services to third parties.

>Text following EP vote>

1. Member States shall, no later than three years after the entry into force of this Directive, take the necessary measures in order to ensure free access to the market for the provision of groundhandling services to third parties.

>Original text>

2. Member States may limit the number of suppliers authorized to provide the following categories of groundhandling services:

>Text following EP vote>

2. Member States may limit the number of suppliers authorized to provide the following categories of groundhandling services:

>Original text>

- baggage handling,

- ramp handling,

- fuelling,

- freight and mail handling.

>Text following EP vote>

- baggage handling,

- ramp handling,

- fuelling,

- freight and mail handling,

- cleaning of the aircraft,

- transport of passengers, baggage and freight on the ramp.

(Amendment 22)

Article 7(2)

>Original text>

2. For the following categories of groundhandling services:

>Text following EP vote>

2. For the following categories of groundhandling services:

>Original text>

- baggage handling,

- ramp handling,

- fuelling,

- freight and mail handling,

>Text following EP vote>

- baggage handling,

- ramp handling,

- fuelling,

- freight and mail handling,

>Original text>

Member States may reserve the right to self-handle to a limited number of users, provided they are chosen on the basis of relevant, objective, transparent and non-discriminatory criteria.

>Text following EP vote>

Member States may reserve the right to self-handle to a limited number of users, provided they are chosen on the basis of relevant, objective, transparent and non-discriminatory criteria. They may not, however, limit this number to less than two for each category of service.

(Amendment 23)

Article 8

>Original text>

1. Without prejudice to the application of Articles 6 and 7, Member States may reserve the technical management of the centralized baggage sorting, de-icing, water purification and fuel distribution infrastructures either for the managing body of the airport or for another body. They may make it obligatory for suppliers of groundhandling services and self-handling users to use these infrastructures.

>Text following EP vote>

1. Without prejudice to the application of Articles 6 and 7, Member States may reserve the technical and operational management of central infrastructures and services which, for technical, economic, safety and environmental reasons, cannot be easily split between various operators, i.e. such functions as baggage sorting, de-icing, water purification and fuel distribution, either for the managing body of the airport or for another body. They may make it obligatory for suppliers of groundhandling services and self-handling users to use these infrastructures and services and pay a charge for their utilization.

>Original text>

2. Member States shall ensure that the management of the infrastructures referred to in paragraph 1 is transparent, objective and non-discriminatory and, in particular, that it does not hinder its use by suppliers of groundhandling services or self-handling users within the limits laid down by this Directive.

>Text following EP vote>

2. Member States shall ensure that the management of the infrastructures and services referred to in paragraph 1 is transparent, objective and non- discriminatory and, in particular, that it does not hinder its use by suppliers of groundhandling services or self-handling users within the limits laid down by this Directive.

(Amendment 24)

Article 9

>Original text>

1. Where specific constraints of available space or capacity so warrant, the Member State in question may decide:

>Text following EP vote>

1. Where limitations of space or capacity so warrant, or the operational capability of the airport or of some significant part thereof is called into question, the Member State in question may decide:

>Original text>

(a) to limit the number of suppliers of all categories of groundhandling services other than those referred to in Article 6(2); in this case the provisions of the second subparagraph of Article 6(2) shall apply;

>Text following EP vote>

(a) to limit the number of suppliers of all categories of groundhandling services other than those referred to in Article 6(2); in this case the provisions of the second subparagraph of Article 6(2) shall apply;

>Original text>

(b) to reserve to a single supplier the categories of groundhandling services referred to in Article 6(2);

>Text following EP vote>

(b) to reserve to a single supplier the categories of groundhandling services referred to in Article 6(2);

>Original text>

(c) to reserve self-handling to a limited number of users for the categories of groundhandling services other than those referred to in Article 7(2), provided they are chosen on the basis of relevant, objective, transparent and non-discriminatory criteria.

>Text following EP vote>

(c) to reserve self-handling to a limited number of users for the categories of groundhandling services other than those referred to in Article 7(2), provided they are chosen on the basis of relevant, objective, transparent and non-discriminatory criteria;

>Text following EP vote>

(ca) not to allow self-handling in respect of the categories of groundhandling services referred to in Article 7(2).

>Original text>

2. All exemptions decided pursuant to paragraph 1 must:

>Text following EP vote>

2. All exemptions decided pursuant to paragraph 1 must:

>Original text>

(a) specify the category or categories of services for which the exemption is granted and the technical constraints which justify it;

>Text following EP vote>

(a) specify the category or categories of services for which the exemption is granted and the specific space or capacity constraints which justify it;

>Original text>

(b) be accompanied by an airport development plan to overcome the constraints.

>Text following EP vote>

(b) where necessary, be accompanied by an airport development plan to overcome the constraints.

>Original text>

3. Member States shall notify the Commission, at least three months before they enter into force, of any exemptions they grant on the basis of paragraph 1 and of the grounds which justify them.

>Text following EP vote>

3. Member States shall notify the Commission, at least three months before they enter into force, of any exemptions they grant on the basis of paragraph 1 and of the grounds which justify them.

>Original text>

The Commission shall publish a summary of the decisions of which it is notified in the Official Journal of the European Communities and shall invite interested parties to submit comments.

>Text following EP vote>

The Commission shall publish a summary of the decisions of which it is notified in the Official Journal of the European Communities. It may request interested parties to submit comments on this procedure.

>Original text>

4. Exemptions may enter into force at the end of the three-month period following their notification to the Commission unless during the same period the latter informs the Member State concerned either that it is opposed to the decision or that it intends to carry out a further examination, which, however, may not take longer than three months. Within the context of the examination the Commission may authorize the provisional application, in full or in part, of the decision in question, taking account, inter alia, of the possibility of irreversible effects.

>Text following EP vote>

4. At the request of a Member State or on its own initiative, the Commission shall verify the implementation of paragraph 1 in each individual case. The Commission may annul the exemption granted by the Member State if it demonstrates within a period of two months that the difficulties cited do not justify an exemption. It shall take all information received from the parties concerned into account.

>Original text>

The Commission may seek assistance from one or more experts.

>Text following EP vote>

It may seek assistance from one or more experts.

>Original text>

5. The Commission may also restrict the exemptions provided for in this Article to those parts of an airport or airport system where the constraints referred to have been proven to exist.

>Original text>

6. Exemptions granted by Member States pursuant to paragraph 1 may not exceed a duration of three years. At the end of that period the Member State must take a new decision on the request for an exemption and this, too, will be subject to the procedure laid down in this Article.

>Text following EP vote>

6. Exemptions granted by Member States pursuant to paragraph 1 may not exceed a duration of three years. At the end of that period the Member State must take a new decision on the request for an exemption and this, too, will be subject to the procedure laid down in this Article. This time-limit and the provisions of paragraph 2(b) shall not apply if the managing body of the airport can show that the extension and alteration of the airport that would otherwise be necessary is not possible for relevant, objective and transparent reasons.

(Amendment 25)

Article 10(1)

>Original text>

1. Member States shall take the necessary measures to organize a selection procedure for suppliers authorized to provide groundhandling services at an airport where their number is limited in the cases laid down in Article 6(2) or Article 9. This procedure must comply with the following principles:

>Text following EP vote>

1. Member States shall take the necessary measures to organize a selection procedure for authorizing suppliers to provide groundhandling services at airports. This procedure must comply with the following principles:

>Original text>

(a) in cases where Member States require the establishment of standard conditions or technical specifications to be met by the suppliers, these conditions or specifications shall be established by the managing body of the airport and the Users' Committee. The selection criteria laid down in the standard conditions or technical specifications must be relevant, objective, transparent and non-discriminatory;

>Text following EP vote>

(a) standard conditions and technical, safety, economic, social and environmental specifications to be met by the suppliers shall be established by the managing body of the airport and the Users' Committee. The selection criteria laid down in these conditions and specifications must be relevant, objective, transparent and non-discriminatory;

>Original text>

(b) an invitation to tender must be launched and published in the Official Journal of the European Communities, to which any interested supplier may reply, subject to the provisions of Article 16.

>Text following EP vote>

(b) an invitation to tender must be launched and published in the Official Journal of the European Communities, to which any interested supplier may reply, subject to the provisions of Article 16.

>Original text>

(c) the suppliers shall be chosen

(i) following consultation of the Users' Committee by the managing body of the airport, provided the latter:

- does not provide groundhandling services

- has no control, direct or indirect, over any undertaking which provides such services and

- has no involvement in any such undertaking;

(ii) by the Users' Committee, in all other cases. Each user may then vote for only one supplier for each category of service;

>Text following EP vote>

(c) the suppliers shall be chosen by the Users' Committee and the managing body of the airport. All parties involved shall seek agreement as far as possible. Where agreement cannot be reached the managing body of the airport shall decide;

>Original text>

(d) suppliers shall be selected for a maximum period of seven years;

>Text following EP vote>

(d) suppliers shall be selected for a maximum period of seven years;

>Original text>

(e) where a supplier ceases his activity before the end of the period for which he was selected, he shall be replaced on the basis of the same procedure. However, users who provide groundhandling services at the airport in question or have direct or indirect control over an undertaking which provides such services may in that case not take part in the vote.

>Text following EP vote>

(e) where a supplier ceases his activity before the end of the period for which he was selected, he shall be replaced on the basis of the same procedure. However, users who provide groundhandling services at the airport in question or have direct or indirect control over an undertaking which provides such services may in that case not take part in the vote.

>Text following EP vote>

1a. Implementation of the Directive shall not affect the existing selection decisions until expiry of the contracts, provided that sufficient competition conforming to the provisions of the Directive exists in the airport.

(Amendment 26)

Article 11

>Original text>

Member States shall take the necessary measures to organize a compulsory consultation procedure between the managing body of the airport, the Users' Committee and the undertakings providing services. This consultation shall cover, inter alia, the price of those services which have been exempted by the Commission pursuant to Article 9 as well as the organization of the provision of the services. Such consultation shall be organized at least once every year.

>Text following EP vote>

Member States shall take the necessary measures to organize a compulsory consultation procedure between the managing body of the airport, the Users' Committee and the undertakings providing services. This consultation shall cover, inter alia, the charges for the provision and use of airport services and facilities, the price of those services which have been exempted by the Commission pursuant to Article 9 as well as the organization of the provision of the services and any development plans for that airport during the planning stages. Such consultation shall be organized at least once every year.

(Amendment 27)

Article 12

>Original text>

1. Member States may make the activity of a supplier of groundhandling services conditional upon obtaining the approval of a public authority independent of the managing body of the airport.

>Text following EP vote>

1. Member States shall make the activity of a supplier of groundhandling services conditional upon obtaining the approval of a public authority independent of the managing body of the airport.

>Original text>

The approval criteria must relate to the security and safety of the installations, of the aircraft, of the equipment and of persons, as well as to the protection of the environment.

>Text following EP vote>

The approval criteria must relate to appropriate organization, sound economic and financial situation, sufficient insurance cover and personnel qualifications of the supplier of groundhandling services and to the security and safety of the installations, of the aircraft, of the equipment and of persons, as well as to the protection of the environment, and to the number of staff taken on from those already working in groundhandling services at the airport in question.

>Original text>

The criteria must be published and the supplier must be informed be- forehand of the approval procedure.

>Text following EP vote>

The criteria must be published and the supplier must be informed be- forehand of the approval procedure.

>Original text>

2. Approval may be withheld only if the supplier does not meet, for reasons of his doing, the criteria referred to in paragraph 1.

>Text following EP vote>

2. Approval may be withheld only if the supplier does not meet, for reasons of his doing, the criteria referred to in paragraph 1.

>Original text>

The grounds for withholding approval must be communicated to the supplier concerned.

>Text following EP vote>

The grounds for withholding approval must be communicated to the supplier concerned and to the managing body of the airport.

(Amendment 28)

Article 13(1), second subparagraph (ca) (cb) and (cc) (new)

>Text following EP vote>

(ca) they must not discriminate against young, elderly or disabled passengers;

>Text following EP vote>

(cb) the security checks carried out on a service provider's personnel must comply with national provisions and be approved in the selection procedure;

>Text following EP vote>

(cc) the workers must be employed in accordance with current legal provisions.

(Amendment 29)

Article 14(3)

>Original text>

3. Access to airport installations for suppliers of groundhandling services and users wishing to self-handle may give rise to the collection of a fee intended to cover the costs which this access occasions for the airport and reflecting the level of the costs. This fee must be determined according to objective, transparent and non-discriminatory criteria.

>Text following EP vote>

3. Access to and shared use of airport installations for suppliers of groundhandling services and users wishing to self-handle may give rise to the collection of a fee as a charge for the costs which this access and the provision of the necessary infrastructure occasions for the airport and reflecting the level of the costs. Where the total expenditure on maintaining and operating airport infrastructures cannot be charged to individual providers of services and users in exact proportion, a flat-rate fee shall be admissible. A fee may also be charged for access by third parties to the commercial opportunities created by the airport undertaking and for the use of central facilities and services. Such fees must be determined according to objective, transparent and non-discriminatory criteria.

>Text following EP vote>

3a. Without prejudice to the option of judicial review of fees charged in accordance with paragraph 3, the Users' Committee shall be consulted in accordance with Article 11 before such fees are fixed.

(Amendment 30)

Article 15a (new)

>Text following EP vote>

Article 15a

Aircraft groundhandler qualification

1. With a view to securing quality standards at airports, a higher level of training, conforming to EN/ISO 9000, shall be aimed for. Following a three- to four-year course of training covering the full spectrum of groundhandling services in theory and practice, candidates shall sit an examination for the award of an aircraft groundhandler qualification. The examination conditions (eligibility and content) shall be fixed as soon as possible on an EU-wide basis.

>Text following EP vote>

2. The aircraft groundhandler qualification, like the lessons required as a condition for the award of a driving licence, will help to improve efficiency, quality and adherence to the highest possible safety standards in the groundhandling of aircraft, servicing of infrastructural installations, etc.

(Amendment 31)

Article 15b (new)

>Text following EP vote>

Article 15b

Runway traffic

Adherence to guaranteed turn-around times and flexibility and safety of runway traffic must be guaranteed.

(Amendment 32)

Article 17, first paragraph

>Original text>

Member States shall ensure that any party with a legitimate interest has the right to appeal against the decisions taken pursuant to Articles 7(2) and 10 to 14.

>Text following EP vote>

Member States shall ensure that any party with a legitimate interest has the right to appeal against the decisions taken pursuant to the provisions of this Directive.

(Amendment 33)

Article 19, first paragraph

>Original text>

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 1996. They shall immediately inform the Commission thereof.

>Text following EP vote>

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1996. They shall immediately inform the Commission thereof.

(Amendment 34)

Article 19a (new)

>Text following EP vote>

Article 19a

Social provisions

The provisions of this Directive in no way affect the rights and obligations of Member States in respect of the Social Provisions of the EC Treaty (Articles 117 to 122), Protocol (No. 14) on Social Policy and the Community Charter of the Fundamental Social Rights of Workers.

(Amendment 35)

Article 19b (new)

>Text following EP vote>

Article 19b

Employee rights

The provisions of this Directive shall in no way affect the rights and obligations of Member States to ensure that employee safety standards, employee technical competence, employee training and certification, and employee rights to join and be represented by a trade union are met by all suppliers.

(Amendment 36)

Article 19c (new)

>Text following EP vote>

Article 19c

Commission report

The Commission shall, not later than 30 June 1996, submit to the European Parliament and the Council a report concerning:

>Text following EP vote>

(a) general and operational safety at airports, including safety standards and procedures;

>Text following EP vote>

(b) Member State regulations for the approval of groundhandling services and for training and social provisions relating to employees of undertakings supplying groundhandling services, to the extent that these exist;

>Text following EP vote>

(c) the need for Community rules, subject to the principle of subsidiarity enshrined in the Treaty.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on access to the groundhandling market at Community airports (COM(94)0590 - C4-0180/95 - 94/0325(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(94)0590 - 94/0325(SYN) (( OJ C 142, 8.6.1995, p. 7.)),

- having been consulted by the Council pursuant to Article 189c and Article 84(2) of the EC Treaty (C4-0180/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on Economic and Monetary Affairs and Industrial Policy, the Committee on the Environment, Public Health and Consumer Protection and the Committee on Social Affairs and Employment (A4- 0272/95),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Instructs its President to forward this opinion to the Council and Commission.