S.L. 499.25 Art. 6Groundhandling for third parties.

(1) The managing body of the airport shall ensure free access to suppliers of groundhandling services established throughout the European Union to the market for the provision of groundhandling services to third parties in accordance with the Council Directive:

Provided that two (2) suppliers shall be authorised to provide each category of airside services, and without prejudice to such authorisation, not more than three (3) other suppliers shall be authorised to solely provide the general aviation operations consisting in groundhandling services listed in item 12 of the Schedule, and provided further that at least one (1) of the authorised suppliers of each category of airside services may not be directly or indirectly controlled by:

(a) the managing body of the airport;

(b) any airport user who has carried more than twenty-five percent (25%) of the passengers or freight recorded at the airport during the year preceding that in which those suppliers were selected; or

(c) a body controlling or controlled directly or indirectly by the managing body or any such user:

Provided further that the managing body of the airport, either directly or indirectly, may also provide each category of airside services and the general aviation operations, in addition to the other authorised suppliers:

Provided further that a supplier of groundhandling services may outsource certain services to subcontracted suppliers that have been approved by the managing body of the airport to be considered as an authorised subcontracted supplier in accordance with sub-regulation 8A(6).

(2) Notwithstanding the first proviso to sub-regulation (1), with regards to services provided to general aviation operations, the number of suppliers authorised to provide the groundhandling services listed in item 12 of the Schedule to these regulations may, upon determination of the Minister in consultation with the managing body of the airport and the Committee, be increased to a maximum of six (6) suppliers when the next applicable selection procedure in terms of regulation 8A shall be undertaken. Such additional suppliers shall be selected during the same selection procedure established for the purposes of selecting the other general aviation operations suppliers.

(3) The selection of the third-party handling service providers made by the managing body of the airport on the basis of sub-regulations (1) and (2) shall be valid for not more than:

(a) seven (7) years, in the case of suppliers authorised to provide airside services to airport users engaging in scheduled air services and non-scheduled air services;

(b) five (5) years, in the case of suppliers authorised to provide services listed in item 12 of the Schedule to airport users engaging in general aviation operations.