S.L. 499.25 Art. 8ASelection of suppliers.

(1) The managing body of the airport shall use a selection procedure to provide airside services and the ground handling services specified in item 12 of the Schedule:

Provided that the managing body of the airport:

(a) does not provide similar groundhandling services;

(b) has no direct or indirect control over any undertaking which provides such services; and

(c) has no involvement in any undertaking which provides such services.

(2) The managing body of the airport shall choose a supplier of groundhandling services after consulting the Committee and on the basis of the following principles:

(a) any standard conditions or technical specifications which are to be met by suppliers of groundhandling services shall be established after consultation with the Committee;

(b) the selection criteria shall be relevant, objective, transparent and non-discriminatory;

(c) an invitation to tender shall be published in the media to which any interested supplier of groundhandling services may reply.

(3) A supplier of groundhandling services shall provide uninterrupted services for the periods established under sub-regulation 6(3) after being selected. If such a supplier of groundhandling services ceases his activity before the end of the period for which he has been selected, he shall be replaced on the basis of the same selection procedure provided for in sub-regulation (2).

(4) In the event that the managing body of the airport decides to itself provide groundhandling services:

(a) it may do so without being subject to the selection procedures provided for in sub-regulation 8(2). This shall also apply to the supplier of groundhandling services which is controlled directly or indirectly by the managing body of the airport;

(b) the Director shall carry out the selection procedure in sub-regulation (2) after consulting the Committee and the managing body of the airport.

(5) The managing body of the airport shall inform the Committee and the Director of decisions taken under this regulation.

(6) Where an authorised supplier decides to outsource certain services that are not airside services or general aviation operations consisting of groundhandling services under item 12 of the Schedule to other specialized suppliers, the former shall apply with the managing body of the airport to authorise an outsourced supplier to be considered as an authorised subcontracted supplier subject to any conditions and standards set by the managing body of the airport for the provision of the particular groundhandling service which are equivalent to those set in sub-regulation (2)(a). The provisions of regulations 10 to 20 shall also apply mutatis mutandis to the authorised outsourced supplier.

(7) The managing body of the airport or the Director, as the case may be in terms of this regulation, shall, following the entry into force of the Airport (Groundhandling Services) (Amendment) Regulations, 2023, implement the selection procedure for general aviation operations consisting of the ground handling services specified in item

12 of the Schedule not earlier than the seventh anniversary from the date on which the selection procedure issued prior to the entry into force of the said Airport (Groundhandling Services) (Amendment) Regulations, 2023 was concluded.