Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

Republic of Latvia Cabinet Regulation No. 447 Adopted 17 June 2008

Procedures for Granting Access to the Airport Ground Handling Market

Issued pursuant to Section 27,
Paragraph four of the Law On Aviation

I. General Provisions

1. These Regulations prescribe the procedures for granting access to the airport ground handling market.

2. These Regulations shall apply to airports in which the number of serviced passengers reaches 2 000 000 passengers or the amount of carried freights exceeds 50 000 tonnes.

3. If an airport attains the freight traffic referred to in Paragraph 2 of these Regulations, however, it does not attain the respective passenger traffic, these Regulations shall not apply to such categories of ground handling services which apply to passengers only.

4. An institution, which manages the infrastructure of an airport, as well as co-ordinates and controls the activities of aviation operators at an airport (hereinafter - airport administration), a natural person or a legal person who is responsible for the carriage of passengers, mail or freight by air (hereinafter - airport user), as well as a natural person or a legal person of the European Community who is involved in supplying third parties with one or several of the services referred to in Annex to these Regulations (hereinafter - supplier of ground handling services), shall ensure that the ground handling services shall be separated in the accounting from the other activities performed by the airport administration, the airport user or the supplier of ground handling services accordingly.

5. An expert hired by the Ministry of Transport who is independent from the airport administration, the airport user or the supplier of ground handling services shall once a year examine whether the ground handling services are separated from other activities according to Paragraph 4 of these Regulations, as well as examine whether financial flow does not take place between the operation of the airport administration as an airport institution and the activities thereof in the field of ground handling services. The expert has the right to get acquainted with all the information at the disposal of the airport administration, the airport user or the supplier of ground handling services which is necessary for the referred to examination.

6. The airport administration shall establish a committee of the representatives of airport users (hereinafter - Airport Users Committee), and any airport user shall have the right to be on it. The interests of airport users on the Airport Users Committee may be represented by an organisation established for this purpose. The airport administration shall establish the Airport Users Committee and ensure the operation thereof.

7. The airport administration shall organise joint meetings of the airport administration, the Airport Users Committee and the suppliers of ground handling services regarding application of these Regulations. Meetings shall be convened as appropriate, but not less than once a year.

8. So that a supplier of ground handling services would be entitled to provide ground handling services for third parties or to himself or herself, he or she shall enter into a corresponding contract with the airport administration. The airport administration does not have the right to refuse the conclusion of a contract in the cases referred to in Paragraphs 11 and 15 of these Regulations unless provided for otherwise in these Regulations.

9. Within the meaning of these Regulations an airport user shall provide ground handling services for himself or herself (hereinafter - self-handling) if he or she has not entered into contracts with third parties regarding receipt of these services. Airport users shall not be mutually deemed third parties if one controls (within the meaning of Article 3(1) of Council Regulation No. 139/1004 of 20 January 2004 on the control of concentrations between undertakings) the other or another natural person or legal person controls both of them.

10. Decisions taken by the State agency "Civil Aviation Agency" (hereinafter - Civil Aviation Agency) and the Ministry of Transport according to these Regulations may be contested and appealed in accordance with the procedures specified in the Administrative Procedure Law.

II. Provision of Ground Handling Services to Third Parties and Self-handling

11. A supplier of ground handling services has the right of access to the market in order to provide ground handling services to third parties if he or she has received a certification of the Civil Aviation Agency regarding the conformity of the ground handling services to the technical safety according to the procedures specified by these Regulations.

12. The airport administration shall ensure that regardless of his or her place of operation in the airport an airport user has an opportunity to select from at least two suppliers of ground handling services in the following categories of ground handling services:

12.1. baggage handling;

12.2. ramp handling;

12.3. fuel handling;

12.4. physical handling of incoming, outgoing and transit freight and mail in the stage between the airport terminal and the aircraft.

13. The airport administration shall be allowed to refuse entering into a contract with a supplier of ground handling services if it has already entered into such contract with at least two other suppliers of ground handling services in each of the categories of ground handling services referred to in Paragraph 12 of these Regulations, if it ensures that the criteria for the selection of suppliers of ground handling services for entering into a contract are adequate, objective, transparent and non-discriminatory.

14. At least one supplier of ground handling services with whom the airport administration has entered into a contract shall be a supplier who is not directly or indirectly controlled by:

14.1. the airport administration;

14.2. such airport user who has carried more than 25% of the passengers or freight registered at the airport during the year preceding that in which the suppliers of ground handling services were selected; and

14.3. a person who directly or indirectly controls or who is directly or indirectly controlled by the airport administration or the airport user referred to in Sub-paragraph 14.2 of these Regulations.

15. An airport user may engage in self-handling if he or she has received a certification of the Civil Aviation Agency regarding the conformity of ground handling services to the technical safety according to the procedures specified by these Regulations. Requirements of Paragraphs 12 and 13 of these Regulations shall be applicable in relation to self-handling.

III. Centralised Infrastructure

16. If division or expansion of the centralised infrastructure of ground handling services is complicated, financially disadvantageous or has a negative impact on the environment, the airport administration or a person authorised by the airport administration shall ensure the management of such infrastructure.

17. In entering into contracts, the airport administration may impose an obligation on suppliers of ground handling services or implementers of self-handling to use this infrastructure.

18. The airport administration shall ensure that the management of the centralised infrastructure does not hinder the access of suppliers of ground handling services or implementers of self-handling to the centralised infrastructure insofar as it is necessary in implementation of the requirements of these Regulations.

19. The airport administration shall ensure that the management of the centralised infrastructure is transparent, objective and non-discriminatory.

IV. Exceptions

20. If the space or capacity of an airport is constrained due to congestion and the area utilisation rate and it is impossible to ensure the opportunity to provide ground handling services or to implement self-handling, the airport administration may enter into contracts with a limited number of suppliers of ground handling services or, alternatively, not enter into contracts of a specific type at all in order to:

20.1. limit the number of suppliers of ground handling services in individual categories of ground handling services in all or part of the airport, except the categories of services referred to in Paragraph 12 of these Regulations. In such case the conditions of Paragraphs 13 and 14 of these Regulations shall be applied;

20.2. allow the provision of ground handling services to only one supplier of ground handling services in the categories (one or several) of the services referred to in Paragraph 12 of these Regulations;

20.3. allow implementation of self-handling to a limited number of airport users for such categories of ground handling services, which are not referred to in Paragraph 12 of these Regulations, if such airport users are chosen on the basis of relevant, objective, transparent and non-discriminatory criteria; and

20.4. prohibit self-handling or allow implementation thereof to only one airport user in the categories of ground handling services referred to in Paragraph 12 of these Regulations.

21. If the airport administration exercises the rights provided for in Paragraph 20 of these Regulations, it in taking a respective decision shall:

21.1. determine the categories of ground handling services, in relation to which an exception is specified, indicating the area of the ramp, the number of luggage conveyors, the fuel supply method, the location of mail terminals in relation to the ramp and other conditions justifying it; and

21.2. append a plan of measures for the prevention of the restrictions specified in accordance with Paragraph 20 of these Regulations.

22. The airport administration shall inform the Ministry of Transport regarding the application of the planned exceptions in accordance with Paragraph 20 of these Regulations and provide a justification four months before the coming into effect of the exceptions. The Ministry of Transport shall examine the information received and if the application of exceptions is deemed justified shall send a notification regarding the exceptions and justification thereof to the European Commission three months before the coming into effect thereof.

23. If the European Commission opposes or imposes a duty to amend the decision of the Ministry of Transport referred to in Paragraph 22 of these Regulations in accordance with Article 9(5) of Council Directive 96/67/EC of 15 October 1996 on access to the ground handling market at Community airports (hereinafter - Directive 96/67/EC), the Ministry of Transport shall take a respective decision without delay and notify the airport administration about it.

24. The duration of the application of exceptions, which the airport administration may specify in accordance with Paragraph 20 of these Regulations, shall not exceed three years. The referred to condition shall not apply to the case referred to in Sub-paragraph 20.2 of these Regulations.

25. The airport administration shall notify the Ministry of Transport regarding new planned exceptions not later than four months before the end of the term referred to in Paragraph 24 of these Regulations. The Ministry of Transport shall notify the European Commission thereof in accordance with the procedures specified in Paragraph 22 of these Regulations.

26. The duration of application of exceptions, which the airport administration may specify in accordance with Sub-paragraph 20.2 of these Regulations, shall not exceed two years. Where appropriate the airport administration may request the Ministry of Transport for a one-time extension of such term of exception for two years in accordance with the procedures specified in Paragraph 22 of these Regulations three months before the end of this term. The Ministry of Transport shall turn to the European Commission pursuant to Article 9(6) of Directive 96/67/EC.

V. Selection of Suppliers of Ground Handling Services

27. This Chapter shall apply to the cases referred to in Paragraphs 13 and 20 of these Regulations.

28. Suppliers of ground handling services shall be selected by:

28.1. the airport administration in co-operation with the Airport Users Committee if the airport administration does not provide similar ground handling services, it does not have a direct or indirect control over the merchant who will provide these services and it does not participate in the operation of the merchant;

28.2. the Ministry of Transport after co-ordination with the airport administration and the Airport Users Committee if the selection of the supplier of ground handling services is impossible in accordance with Sub-paragraph 28.1 of these Regulations.

29. The airport administration or the Ministry of Transport shall prepare tender regulations pursuant to the competence referred to in Paragraph 28 of these Regulations, after consultations with the Airport Users Committee. Adequate, objective, transparent and non-discriminatory technical requirements specified for a supplier of ground handling services shall be included in the regulations. The term for which a supplier of ground handling services has been selected shall also be indicated in the tender regulations. The term shall not exceed seven years.

30. Tender regulations together with an invitation to the tender shall be sent for publication in the Official Journal of the European Union and the newspaper "Latvijas Vēstnesis" [the official Gazette of the Government of Latvia].

31. An applicant who has applied to the announced tender shall have to prove that he or she is able to meet the requirements of the tender regulations.

32. The airport administration or the Ministry of Transport is entitled to invite experts in order to evaluate the submitted applications and to select the most appropriate supplier of ground handling services.

33. The airport administration or the Ministry of Transport shall notify the decision thereof to all applicants pursuant to the competence specified in Paragraph 28 of these Regulations within a time period of five days.

34. If a supplier of ground handling services terminates operation prior to the end of the specified term, he or she shall be substituted with another supplier of ground handling services who is selected in accordance with the procedure for selection of suppliers of ground handling services specified in this Chapter.

35. If the number of suppliers of ground handling services at an airport is limited in accordance with Paragraphs 13 and 20 of these regulations, the airport administration may provide ground handling services without application of the procedure for selection of suppliers of ground handling services specified in this Chapter.

36. The airport administration shall inform the Airport Users Committee and the Ministry of Transport regarding all decisions which have been taken in selecting the suppliers of ground handling services.

VI. Permission for Provision of Ground Handling Services

37. In order to provide ground handling services to third parties or to implement self-handling, a certification of the Civil Aviation Agency regarding the conformity of ground handling services to the technical safety shall be necessary.

38. An applicant for the provision of ground handling services (hereinafter - applicant) shall conform to Regulation (EC) No. 1899/2006 of the European Parliament and of the Council of 12 December 2006 amending Council Regulation (EEC) No. 3299/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (hereinafter - Regulation No. 1899/2006), and the applicant shall have to prove that he or she has established:

38.1. a safety management system;

38.2. a programme for the technical exploitation of the airfield installations;

38.3. a staff training programme;

38.4. a programme of operational activities; and

38.5. an environmental protection programme.

39. In order to receive a certification regarding the conformity of ground handling services to the technical safety, an applicant shall submit to the Civil Aviation Agency:

39.1. an application in which the following information shall be included:

39.1.1. a legal person - name, registration number in the Commercial Register, legal address of the applicant, given name, surname, position, telephone number, fax number, electronic mail address of the contact person;

39.1.2. a natural person - given name, surname, personal identity number, telephone number, fax number, electronic mail address;

39.2. the following documents (presenting the originals) or copies thereof certified in accordance with the procedures specified in the regulatory enactments regarding the development and drawing up of documents:

39.2.1. the registration certificate of the Commercial Register of the applicant;

39.2.2. the policy of civil legal insurance; and

39.2.3. documents issued by the registration state confirming the compliance with the requirements for the safety of equipment, aircraft, installations and persons and conformity to Regulation No. 1899/2006.

40. The documents referred to in Paragraph 39 of these Regulations shall not be submitted if the referred to information is at the disposal of the State administrative institutions of the Republic of Latvia.

41. The Civil Aviation Agency shall take a decision regarding issuance of a certification regarding the conformity of ground handling services to the technical safety or a refusal to issue a certification within a time period of two months after the receipt and evaluation of the documents referred to in Paragraph 39 of these Regulations. The Civil Aviation Agency shall issue a certification regarding the conformity of the ground handling services to the technical safety if an applicant conforms to the requirements referred to in Paragraph 38 of these Regulations.

42. If an applicant has not submitted all the documents referred to in Paragraph 39 of these Regulations or the submitted information is incomplete or inaccurate, the Civil Aviation Agency shall request to submit all of the necessary documents and information. If the applicant does not submit the respective documents and information within 10 days after receipt of the request of the Civil Aviation Agency, the Civil Aviation Agency shall take a decision regarding refusal to issue a certification regarding the conformity of ground handling services to the technical safety and shall notify the applicant about it.

43. The Civil Aviation Agency shall take a decision regarding cancellation of a certification regarding the conformity of ground handling services to the technical safety if it detects that a supplier of ground handling services does not conform to the requirements referred to in Paragraph 38 of these Regulations and has not eliminated the detected non-conformities within the time period specified by the Civil Aviation Agency.

44. The Civil Aviation Agency shall inform a supplier of ground handling services and the airport administration regarding taking of the decision referred to in Paragraph 43 of these Regulations in writing without delay.

VII. Access to Infrastructure

45. The airport administration shall take the necessary measures in order to ensure the suppliers of ground handling services and airport users implementing self-handling with access to the airport infrastructure to the extent necessary for the performance of their duties and insofar as it is necessary for implementation of these Regulations.

46. The airport administration has the right to determine a fee for the access to the airport infrastructure upon entering into contracts with suppliers of ground handling services. The fee shall be determined pursuant to adequate, objective, transparent and non-discriminatory criteria.

Informative Reference to European Union Directive

These Regulations contain legal norms arising from Council Directive 96/67/EC of 15 October 1996 on access to the ground handling market at Community airports.

Prime Minister I. Godmanis

Minister for Transport A. Šlesers

 

Annex
to Cabinet Regulation No. 447
17 June 2008

List of Ground Handling Services

1. Ground administration and supervision:

1.1. representation of the airport user, disbursements on behalf of the airport user and provision of office space for representatives thereof;

1.2. control of loading of aircraft baggage, exchange of information and provision of communications;

1.3. handling, storage and supervision of freight containers; and

1.4. any other supervision services before, during and after the flight, as well as the administrative services requested by the airport user.

2. Servicing of passengers - any assistance to arriving, departing, transfer or transit passengers, including checking tickets and travel documents, registering baggage and carrying it to the sorting area.

3. Baggage handling - handling of baggage in the sorting area, sorting of baggage, preparation of baggage for departure, loading baggage on to and unloading it from the devices designed to move it from the aircraft to the sorting area and vice versa, as well as transporting baggage from the sorting area to the baggage reclaim area.

4. Freight and mail handling:

4.1. for freight - handling of export, transit and import freight, as well as the accompanying documents related to freight and implementation of security procedures agreed between the parties or required by the necessary procedures;

4.2. for mail - handling of incoming and outgoing mail, as well as the documents related to mail and implementation of security procedures agreed between the parties or required by the necessary procedures.

5. Ramp handling:

5.1. waiting for the aircraft, escorting to the ramp after arrival and before departure thereof if these services are not provided by the air traffic service;

5.2. assistance to aircraft packing and provision of suitable devices if these services are not provided by the air traffic service;

5.3. exchange of information between the aircraft and the ramp handler if these services are not provided by the air traffic service;

5.4. the loading and unloading of the baggage, as well as the transport of flight crew, passengers and baggage between the aircraft and the terminal;

5.5. the provision of devices necessary for starting the aircraft engine;

5.6. the moving of the aircraft at arrival and departure, as well as the provision of suitable devices; and

5.7. the transport, loading to, as well as unloading from the aircraft of food and beverages.

6. Aircraft services:

6.1. the internal and external cleaning of the aircraft, as well as cleaning of the toilet and water system;

6.2. the heating and cooling of the aircraft cabin, the removal of snow and ice and the de-icing of the aircraft; and

6.3. the rearrangement and supply of the aircraft cabin with suitable cabin equipment, the storage of such equipment.

7. Provision with fuel and oil:

7.1. the provision of fuelling and defueling of the aircraft, including the storage of fuel and the control of the quality and quantity of fuel deliveries; and

7.2. the replenishing or change of oil and other fluids.

8. Aircraft maintenance:

8.1. routine maintenance services performed before flight;

8.2. non-routine services requested by the airport user;

8.3. the provision of spare parts and suitable equipment; and

8.4. the request for or reservation of a parking space suitable for the aircraft or hangar space.

9. Provision of flight operations and flight crew:

9.1. preparation of the aircraft for departure thereof from the airport or any other point;

9.2. in-flight assistance, including rerouting of the aircraft if needed;

9.3. provision of post-flight services to the aircraft; and

9.4. servicing of the flight crew.

10. Carriage:

10.1. the organisation and execution of crew, passenger, baggage, freight and mail carriage between different terminals of the same airport, except the same carriage between the aircraft and any other point within the perimeter of the same airport; and

10.2. special carriage requested by the airport user.

11. Aircraft catering services:

11.1. communication with suppliers and co-ordination thereof;

11.2. preparation of food and beverages, as well as the storage of the necessary equipment;

11.3. cleaning of facilities for food and beverages; and

11.4. preparation and delivery of facilities for food and beverages, as well as of the bar and food.

Minister for Transport A. Šlesers

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Translation © 2008 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)