EUR-Lex - 31996L0067 - EN Avis juridique important | 31996L0067 Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports Official Journal L 272 , 25/10/1996 P. 0036 - 0045 COUNCIL DIRECTIVE 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airportsTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 84 (2) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189c of the Treaty (3), (1) 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 as a lasting contribution to promoting economic and social progress; (2) Whereas the objective of Article 59 of the Treaty is to eliminate the restrictions on freedom to provide services in the Community; whereas, in accordance with Article 61 of the Treaty, that objective must be achieved within the framework of the common transport policy; (3) Whereas through Council Regulations (EEC) No 2407/92 (4), (EEC) No 2408/92 (5) and (EEC) No 2409/92 (6) that objective has been attained with regard to air transport services as such; (4) Whereas groundhandling services are essential to the proper functioning of air transport; whereas they make an essential contribution to the efficient use of air transport infrastructure; (5) Whereas the opening-up of access to the groundhandling market should help reduce the operating costs of airline companies and improve the quality of service provided to airport users; (6) Whereas in the light of the principle of subsidiarity it is essential that access to the groundhandling market should take place within a Community framework, while allowing Member States the possibility of taking into consideration the specific nature of the sector; (7) Whereas in its communication of June 1994 entitled 'The way forward for civil aviation in Europe` the Commission indicated its intention of taking an initiative before the end of 1994 in order to achieve access to the groundhandling market at Community airports; whereas the Council, in its resolution of 24 October 1994 on the situation in European civil aviation (7), confirmed the need to take account of the imperatives linked to the situation of airports when opening up the market; (8) Whereas, in its resolution of 14 February 1995 on European civil aviation (8), the European Parliament repeated its concern that account should be taken of the impact of access to the groundhandling market on employment and safety conditions at Community airports; (9) Whereas free access to the groundhandling market is consistent with the efficient operation of Community airports; (10) Whereas free access to the groundhandling market must be introduced gradually and be adapted to the requirements of the sector; (11) Whereas for certain categories of groundhandling services access to the market and self-handling may come up against safety, security, capacity and available-space constraints; whereas it is therefore necessary to be able to limit the number of authorized suppliers of such categories of groundhandling services; whereas it should also be possible to limit self-handling; whereas, in that case, the criteria for limitation must be relevant, objective, transparent and non-discriminatory; (12) Whereas if the number of suppliers of groundhandling services is limited effective competition will require that at least one of the suppliers should ultimately be independent of both the managing body of the airport and the dominant carrier; (13) Whereas if airports are to function properly they must be able to reserve for themselves the management of certain infrastructures which for technical reasons as well as for reasons of profitability or environmental impact are difficult to divide or duplicate; whereas the centralized management of such infrastructures may not, however, constitute an obstacle to their use by suppliers of groundhandling services or by self-handling airport users; (14) Whereas in certain cases these constraints can be such that they may justify restrictions on market access or on self-handling to the extent that these restrictions are relevant, objective, transparent and non-discriminatory; (15) Whereas the purpose of such exemptions must be to enable airport authorities to overcome or at least reduce these constraints; whereas these exemptions must be approved by the Commission, assisted by an advisory committee, and must be granted for a specific period; (16) Whereas, if effective and fair competition is to be maintained where the number of suppliers of ground-handling services is limited, the latter need to be chosen according to a transparent and impartial procedure; whereas airport users should be consulted when it comes to selecting suppliers of ground-handling services, since they have a major interest in the quality and price of the ground-handling services which they require; (17) Whereas it is therefore necessary to arrange for the representation of airport users and their consultation when authorized suppliers of ground-handling services are selected, by setting up a committee composed of their representatives; (18) Whereas it is possible in certain circumstances and under specific conditions, in the context of selecting suppliers of ground-handling services at an airport, to extend the public service obligation to other airports in the same geographical region of the Member State concerned; (19) Whereas the managing body of the airport may also supply ground-handling services and, through its decisions, may exercise considerable influence on competition between suppliers of ground-handling services; whereas it is therefore essential, in order to maintain fair competition, that airports be required to keep separate accounts for their infrastructure management and regulatory activities on the one hand and for the supply of ground-handling services on the other; (20) Whereas an airport may not subsidize its ground-handling activities from the revenue it derives from its role as an airport authority; (21) Whereas the same transparency requirements must apply to all suppliers wishing to offer ground-handling services to third parties; (22) Whereas, in order to enable airports to fulfil their infrastructure management functions and to guarantee safety and security on the airport premises as well as to protect the environment and the social regulations in force, Member States must be able to make the supply of ground-handling services subject to approval; whereas the criteria for granting such approval must be objective, transparent and non-discriminatory; (23) Whereas, for the same reasons, Member States must retain the power to lay down and enforce the necessary rules for the proper functioning of the airport infrastructure; whereas those rules must relate to the intended objective and must not in practice reduce market access or the freedom to self-handle to a level below that provided for in this Directive; whereas the rules must comply with the principles of objectivity, transparency and non-discrimination; (24) Whereas Member States must retain the power to ensure an adequate level of social protection for the staff of undertakings providing ground-handling services; (25) Whereas access to airport installations must be guaranteed to suppliers authorized to provide ground-handling services and to airport users authorized to self-handle, to the extent necessary for them to exercise their rights and to permit fair and genuine competition; whereas it must be possible however, for such access to give rise to the collection of a fee; (26) Whereas it is justified that the rights recognized by this Directive should only apply to third-country suppliers of ground-handling services and third-country airport users subject to strict reciprocity; whereas where there is no such reciprocity the Member State should be able to suspend these rights with regard to those suppliers and users; (27) Whereas arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries, and such arrangements have yet to come into operation; (28) Whereas this Directive does not affect the application of the rules of the Treaty; whereas in particular the Commission will continue to ensure compliance with these rules by exercising, when necessary, all the powers granted to it by Article 90 of the Treaty, HAS ADOPTED THIS DIRECTIVE: Article 1 Scope 1. This Directive applies to any airport located in the territory of a Member State, subject to the provisions of the Treaty, and open to commercial traffic in the following circumstances: (a) The provisions of Article 7 (1) relating to categories of ground-handling services other than those referred to in Article 7 (2) shall apply to any airport regardless of its volume of traffic as from 1 January 1998. (b) The provisions relating to the categories of groundhandling services referred to in Article 7 (2) shall apply as from 1 January 1998 to airports whose annual traffic is not less than 1 million passenger movements or 25 000 tonnes of freight. (c) The provisions relating to the categories of groundhandling services referred to in Article 6 shall apply as from 1 January 1999 to airports: - whose annual traffic is not less than 3 million passenger movements or 75 000 tonnes of freight; or - whose traffic has been not less than 2 million passenger movements or 50 000 tonnes of freight during the six-month period prior to 1 April or 1 October of the preceding year. 2. Without prejudice to paragraph 1, the provisions of this Directive shall apply as from 1 January 2001 to any airport located in the territory of a Member State, subject to the provisions of the Treaty, and open to commercial traffic, whose annual traffic is not less than 2 million passenger movements or 50 000 tonnes of freight. 3. Where an airport reaches one of the freight traffic thresholds referred to in this Article without reaching the corresponding passenger movement threshold, the provisions of this Directive shall not apply to categories of groundhandling services reserved exclusively for passengers. 4. The Commission shall publish, for information, in the Official Journal of the European Communities a list of the airports referred to in this Article. The list shall first be published within three months following the entry into force of this Directive, and thereafter annually. Member States shall, before 1 July of each year, forward to the Commission the data required to compile the list. 5. Application of this Directive to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated. 6. Application of this Directive to Gibraltar airport shall be suspended until the arrangements in the joint declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 have come into operation. The Governments of Spain and the United Kingdom will so inform the Council on that date. Article 2 Definitions For the purposes of this Directive: (a) 'airport` means any area of land especially adapted for the landing, taking-off and manoeuvres of aircraft, including the ancillary installations which these operations may involve for the requirements of aircraft traffic and services including the installations needed to assist commercial air services; (b) 'airport system` means two or more airports grouped together to serve the same city or conurbation, as referred to in Annex II to Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes; (c) 'managing body of the airport` means a body which, in conjuntion with other activities or not as the case may be, has as its objective under national law or regulation the administration and management of the airport infrastructures, and the coordination and control of the activities of the different operators present in the airport or airport system concerned; (d) 'airport user` means any natural or legal person responsible for the carriage of passengers, mail and/or freight by air from, or to the airport in question; (e) 'groundhandling` means the services provided to airport users at airports as described in the Annex; (f) 'self-handling` means a situation in which an airport user directly provides for himself one or more categories of groundhandling services and concludes no contract of any description with a third party for the provision of such services; for the purposes of this definition, among themselves airport users shall not be deemed to be third parties where: - one holds a majority holding in the other; or - a single body has a majority holding in each; (g) 'supplier of groundhandling services` means any natural or legal person supplying third parties with one or more categories of groundhandling services. Article 3 Managing body of the airport 1. Where an airport or airport system is managed and operated not by a single body but by several separate bodies, each of these bodies shall be considered part of the managing body of the airport for the purposes of this Directive. 2. Similarly, where only a single managing body is set up for several airports or airport systems, each of those airports or airport systems shall be considered separately for the purposes of this Directive. 3. If the managing bodies of airports are subject to the supervision or control of a national public authority, that authority shall be obliged, in the context of the legal obligations devolving upon it, to ensure that this Directive is applied. Article 4 Separation of accounts 1. Where the managing body of an airport, the airport user or the supplier of groundhandling services provide groundhandling services, they must rigorously separate the accounts of their groundhandling activities from the accounts of their other activities, in accordance with current commercial practice. 2. An independent examiner appointed by the Member State must check that this separation of accounts is carried out. The examiner shall also check the absence of financial flows between the activity of the managing body as airport authority and its groundhandling activity. Article 5 Airport Users' Committee 1. Twelve months at the latest following the entry into force of this Directive, Member States shall ensure that, for each of the airports concerned, a committee of representatives of airport users or organizations representing airport users is set up. 2. All airport users shall have the right to be on this committee, or, if they so wish, to be represented on it by an organization appointed to that effect. Article 6 Groundhandling for third parties 1. Member States shall take the necessary measures in accordance with the arrangements laid down in Article 1 to ensure free access by suppliers of groundhandling services to the market for the provision of groundhandling services to third parties. Member States shall have the right to require that suppliers of groundhandling services be established within the Community. 2. Member States may limit the number of suppliers authorized to provide the following categories of groundhandling services: - baggage handling, - ramp handling, - fuel and oil handling, - freight and mail handling as regards the physical handling of freight and mail, whether incoming, outgoing or being transferred, between the air terminal and the aircraft. They may not, however, limit this number to fewer than two for each category of groundhandling service. 3. Moreover, as from 1 January 2001 at least one of the authorized suppliers may not be directly or indirectly controlled by: - the managing body of the airport, - any airport user who has carried more than 25 % of the passengers or freight recorded at the airport during the year preceding that in which those suppliers were selected, - a body controlling or controlled directly or indirectly by that managing body or any such user. However at 1 July 2000, a Member State may request that the obligation in this paragraph be deferred until 31 December 2002. The Commission, assisted by the Committee referred to in Article 10, shall examine such request and may, having regard to the evolution of the sector and, in particular, the situation at airports comparable in terms of traffic volume and pattern, decide to grant the said request. 4. Where pursuant to paragraph 2 they restrict the number of authorized suppliers, Member States may not prevent an airport user, whatever part of the airport is allocated to him, from having, in respect of each category of groundhandling service subject to restriction, an effective choice between at least two suppliers of groundhandling services, under the conditions laid down in paragraphs 2 and 3. Article 7 Self-handling 1. Member States shall take the necessary measures in accordance with the arrangements laid down in Article 1 to ensure the freedom to self-handle. 2. However, for the following categories of groundhandling services: - baggage handling, - ramp handling, - fuel and oil handling, - freight and mail handling as regards the physical handling of freight and mail, whether incoming, outgoing or being transferred, between the air terminal and the aircraft, Member States may reserve the right to self-handle to no fewer than two airport users, provided they are chosen on the basis of relevant, objective, transparent and non-discriminatory criteria. Article 8 Centralized infrastructures 1. Notwithstanding the application of Articles 6 and 7, Member States may reserve for the managing body of the airport or for another body the management of the centralized infrastructures used for the supply of groundhandling services whose complexity, cost or environmental impact does not allow of division or duplication, such as baggage sorting, de-icing, water purification and fuel-distribution systems. They may make it compulsory for suppliers of groundhandling services and self-handling airport users to use these infrastructures. 2. Member States shall ensure that the management of these infrastructures is transparent, objective and non-discriminatory and, in particular, that it does not hinder the access of suppliers of groundhandling services or self-handling airport users within the limits provided for in this Directive. Article 9 Exemptions 1. Where at an airport, specific constraints of available space or capacity, arising in particular from congestion and area utilization rate, make it impossible to open up the market and/or implement self-handling to the degree provided for in this Directive, the Member State in question may decide: (a) to limit the number of suppliers for one or more categories of groundhandling services other than those referred to in Article 6 (2) in all or part of the airport; in this case the provisions of Article 6 (2) and (3) shall apply; (b) to reserve to a single supplier one or more of the categories of groundhandling services referred to in Article 6 (2); (c) to reserve self-handling to a limited number of airport users for categories of groundhandling services other than those referred to in Article 7 (2), provided that those users are chosen on the basis of relevant, objective, transparent and non-discriminatory criteria; (d) to ban self-handling or to restrict it to a single airport user for the categories of groundhandling services referred to in Article 7 (2). 2. All exemptions decided pursuant to paragraph 1 must: (a) specify the category or categories of groundhandling services for which the exemption is granted and the specific constraints of available space or capacity which justify it; (b) be accompanied by a plan of appropriate measures to overcome the constraints. Moreover, exemptions must not: (i) unduly prejudice the aims of this Directive; (ii) give rise to distortions of competition between suppliers of groundhandling services and/or self-handling airport users; (iii) extend further than necessary. 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. 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. 4. The Commission shall examine closely exemption decisions submitted by Member States. To that end the Commission shall make a detailed analysis of the situation and a study of the appropriate measures submitted by the Member State to check that the alleged constraints exist and that it is impossible to open up the market and/or implement self-handling to the degree provided for in this Directive. 5. Further to that examination and after consulting the Member State concerned, the Commission may approve the Member State's decision or oppose it if it deems that the alleged constraints have not been proved to exist or that they are not so severe as to justify the exemption. After consulting the Member State concerned the Commission may also require the Member State to amend the extent of the exemption or restrict it to those parts of an airport or airport system where the alleged constraints have been proved to exist. The Commission's decision shall be taken no later than three months after notification by the Member State and shall be published in the Official Journal of the European Communities. 6. Exemptions granted by Member States pursuant to paragraph 1 may not exceed a duration of three years except for exemptions granted under paragraph 1 (b). Not later than three months before the end of that period the Member State must take a new decision on any request for exemption, which will also be subject to the procedure laid down in this Article. Exemptions under paragraph 1 (b) may not exceed a duration of two years. However, a Member State may on the basis of the provisions of paragraph 1 request that this period be extended by a single period of two years. The Commission, assisted by the Committee referred to in Article 10, shall decide on such request. Article 10 Advisory Committee 1. The Commission shall be assisted by an advisory committee made up of representatives of the Member States and chaired by the representative of the Commission. 2. The Committee shall advise the Commission on the application of Article 9. 3. The Committee may furthermore be consulted by the Commission on any other matter concerning the application of this Directive. 4. The Committee shall establish its own rules of procedure. Article 11 Selection of suppliers 1. Member States shall take the necessary measures for the organization of a selection procedure for suppliers authorized to provide groundhandling services at an airport where their number is limited in the cases provided for in Article 6 (2) or Article 9. This procedure must comply with the following principles: (a) In cases where Member States require the establishment of standard conditions or technical specifications to be met by the suppliers of groundhandling services, those conditions or specifications shall be established following consultation with the Airport Users' Committee. The selection criteria laid down in the standard conditions or technical specifications must be relevant, objective, transparent and non-discriminatory. After having notified the Commission, the Member State concerned may include among the standard conditions or technical specifications with which suppliers of groundhandling services must comply a public service obligation in respect of airports serving peripheral or developing regions which are part of its territory, which have no commercial interest but which are of vital importance for the Member State concerned. (b) An invitation to tender must be launched and published in the Official Journal of the European Communities, to which any interested supplier of groundhandling services may reply. (c) Suppliers of groundhandling services shall be chosen: (i) following consultation with the Airport Users' Committee by the managing body of the airport, provided the latter: - does not provide similar groundhandling services; and - has no direct or indirect control over any undertaking which provides such services; and - has no involvement in any such undertaking; (ii) in all other cases, by competent authorities of the Member States which are independent of the managing body of the airport concerned, and which shall first consult the Airport Users' Committee and that managing body. (d) Suppliers of groundhandling services shall be selected for a maximum period of seven years. (e) Where a supplier of groundhandling services 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. 2. Where the number of suppliers of groundhandling services is limited in accordance with Article 6 (2) or Article 9, the managing body of the airport may itself provide groundhandling services without being subject to the selection procedure laid down in paragraph 1. Similarly, it may, without submitting it to the said procedure, authorize an undertaking to provide groundhandling services at the airport in question: - if it controls that undertaking directly or indirectly; or - if the undertaking controls it directly or indirectly. 3. The managing body of the airport shall inform the Airport Users' Committee of decisions taken under this Article. Article 12 Island airports In the context of the selection of suppliers of groundhandling services at an airport as provided for in Article 11, a Member State may extend the obligation of public service to other airports in that Member State provided: - those airports are located on islands in the same geographical region; and - such airports each have a traffic volume of no less than 100 000 passenger movements per year; and - such an extension is approved by the Commission with the assistance of the Committee referred to in Article 10. Article 13 Consultations Member States shall see to it that a compulsory consultation procedure relating to the application of this Directive is organized between the managing body of the airport, the Airport Users' Committee and the undertakings providing groundhandling services. This consultation shall cover, inter alia, the price of those groundhandling services for which an exemption has been granted pursuant to Article 9 (1) (b) and the organization of the provision of those services. Such consultation shall be organized at least once a year. Article 14 Approval 1. Member States may make the groundhandling activity of a supplier of groundhandling services or a self-handling user at an airport conditional upon obtaining the approval of a public authority independent of the managing body of the airport. The criteria for such approval must relate to a sound financial situation and sufficient insurance cover, to the security and safety of installations, of aircraft, of equipment and of persons, as well as to environmental protection and compliance with the relevant social legislation. The criteria must comply with the following principles: (a) they must be applied in a non-discriminatory manner to the various suppliers of groundhandling services and airport users; (b) they must relate to the intended objective; (c) they may not, in practice, reduce market access or the freedom to self-handle to a level below that provided for in this Directive. These criteria shall be made public and the supplier of groundhandling services or self-handling airport user shall be informed in advance of the procedure for obtaining approval. 2. The approval may be withheld or withdrawn only if the supplier of groundhandling services or self-handling airport user does not meet, for reasons of his own doing, the criteria referred to in paragraph 1. The grounds for witholding or withdrawal must be communicated to the supplier or user concerned and to the managing body of the airport. Article 15 Rules of conduct A Member State may, where appropriate on a proposal from the managing body of the airport: - prohibit a supplier of groundhandling services or an airport user from supplying groundhandling services or self-handling if that supplier or user fails to comply with the rules imposed upon him to ensure the proper functioning of the airport; Those rules must comply with the following principles: (a) they must be applied in a non-discriminatory manner to the various suppliers of groundhandling services and airport users; (b) they must relate to the intended objective; (c) they may not, in practice, reduce market access or the freedom to self-handle to a level below that provided for in this Directive; - in particular require suppliers of groundhandling services at an airport to participate in a fair and non-discriminatory manner in carrying out the public service obligations laid down in national laws or rules, including the obligation to ensure continuous service. Article 16 Access to installations 1. Member States shall take the necessary measures to ensure that suppliers of groundhandling services and airport users wishing to self-handle have access to airport installations to the extent necessary for them to carry out their activities. If the managing body of the airport or, where appropriate, the public authority or any other body which controls it places conditions upon such access, those conditions must be relevant, objective, transparent and non-discriminatory. 2. The space available for groundhandling at an airport must be divided among the various suppliers of groundhandling services and self-handling airport users, including new entrants in the field, to the extent necessary for the exercise of their rights and to allow effective and fair competition, on the basis of the relevant, objective, transparent and non-discriminatory rules and criteria. 3. Where access to airport installations gives rise to the collection of a fee, the latter shall be determined according to relevant, objective, transparent and non-discriminatory criteria. Article 17 Safety and security The provisions of this Directive in no way affect the rights and obligations of Member States in respect of law and order, safety and security at airports. Article 18 Social and environmental protection Without prejudice to the application of this Directive, and subject to the other provisions of Community law, Member States may take the necessary measures to ensure protection of the rights of workers and respect for the environment. Article 19 Compliance with national provisions A supplier of groundhandling services at an airport in a Member State shall be required to comply with the provisions of national law which are compatible with Community law. Article 20 Reciprocity 1. Without prejudice to the international commitments of the Community, whenever it appears that a third country, with respect to access to the groundhandling or self-handling market: (a) does not, de jure or de facto, grant suppliers of groundhandling services and self-handling airport users from a Member State treatment comparable to that granted by Member States to suppliers of groundhandling services and self-handling airport users from that country; or (b) does not, de jure or de facto, grant suppliers of groundhandling services and self-handling airport users from a Member State national treatment; or (c) grants suppliers of groundhandling services and self-handling airport users from other third countries more favourable treatment than suppliers of groundhandling services and self-handling airport users from a Member State; a Member State may wholly or partially suspend the obligations arising from this Directive in respect of suppliers of groundhandling services and airport users from that third country, in accordance with Community law. 2. The Member State concerned shall inform the Commission of any withdrawal or suspension of rights or obligations. Article 21 Right of appeal Member States or, where appropriate, managing bodies of airports shall ensure that any party with a legitimate interest has the right to appeal against the decisions or individual measures taken pursuant to Articles 7 (2) and 11 to 16. It must be possible to bring the appeal before a national court or a public authority other than the managing body of the airport concerned and, where appropriate, independent of the public authority controlling it. Article 22 Information report and revision Member States shall communicate to the Commission the information required by it to draw up a report on the application of this Directive. The report, accompanied by any proposals for revision of the Directive, shall be drawn up not later than 31 December 2001. Article 23 Implementation 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than one year from the date of its publication in the Official Journal of the European Communities. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 24 Entry into force This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities. Article 25 Addressees This Directive is addressed to the Member States. Done at Luxembourg, 15 October 1996. For the Council The President B. HOWLIN (1) (2) OJ No C 301, 13. 11. 1995, p. 28. (3) (4) OJ No L 240, 24. 8. 1992, p. 1. (5) (6) OJ No L 240, 24. 8. 1992, p. 15. (7) OJ No C 309, 5. 11. 1994, p. 2. (8) OJ No C 56, 6. 3. 1995, p. 28. (1) (2) OJ No C 301, 13. 11. 1995, p. 28. (3) (4) OJ No L 240, 24. 8. 1992, p. 1. (5) (6) OJ No L 240, 24. 8. 1992, p. 15. (7) OJ No C 309, 5. 11. 1994, p. 2. (8) OJ No C 56, 6. 3. 1995, p. 28. ANNEX LIST OF GROUNDHANDLING SERVICES 1. Ground administration and supervision comprise: 1.1. representation and liaison services with local authorities or any other entity, disbursements on behalf of the airport user and provision of office space for its representatives; 1.2. load control, messaging and telecommunications; 1.3. handling, storage and administration of unit load devices; 1.4. any other supervision services before, during or after the flight and any other administrative service requested by the airport user. 2. Passenger handling comprises any kind of 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 comprises handling baggage in the sorting area, sorting it, preparing it for departure, loading it 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 reclaim area. 4. Freight and mail handling comprises: 4.1. for freight: physical handling of export, transfer and import freight, handling of related documents, customs procedures and implementation of any security procedure agreed between the parties or required by the circumstances; 4.2. for mail: physical handling of incoming and outgoing mail, handling of related documents and implementation of any security procedure agreed between the parties or required by the circumstances. 5. Ramp handling comprises: 5.1. marshalling the aircraft on the ground at arrival and departure (*); 5.2. assistance to aircraft packing and provision of suitable devices (*); 5.3. communication between the aircraft and the air-side supplier of services (*); 5.4. the loading and unloading of the aircraft, including the provision and operation of suitable 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; 5.5. the provision and operation of appropriate units for engine starting; 5.6. the moving of the aircraft at arrival and departure, as well as the provision and operation of suitable devices; 5.7. the transport, loading on to and unloading from the aircraft of food and beverages. 6. Aircraft services comprise: 6.1. the external and internal cleaning of the aircraft, and the toilet and water services; 6.2. the cooling and heating of the cabin, the removal of snow and ice, the de-icing of the aircraft; 6.3. the rearrangement of the cabin with suitable cabin equipment, the storage of this equipment. 7. Fuel and oil handling comprises: 7.1. the organization and execution of fuelling and defuelling operations, including the storage of fuel and the control of the quality and quantity of fuel deliveries; 7.2. the replenishing of oil and other fluids. 8. Aircraft maintenance comprises: 8.1. routine services performed before flight; 8.2. non-routine services requested by the airport user; 8.3. the provision and administration of spare parts and suitable equipment; 8.4. the request for or reservation of a suitable parking and/or hangar space. 9. Flight operations and crew administration comprise: 9.1. preparation of the flight at the departure airport or at any other point; 9.2. in-flight assistance, including re-dispatching if needed; 9.3. post-flight activities; 9.4. crew administration. 10. Surface transport comprises: 10.1. the organization and execution of crew, passenger, baggage, freight and mail transport between different terminals of the same airport, but excluding the same transport between the aircraft and any other point within the perimeter of the same airport; 10.2. any special transport requested by the airport user. 11. Catering services comprise: 11.1. liaison with suppliers and administrative management; 11.2. storage of food and beverages and of the equipment needed for their preparation; 11.3. cleaning of this equipment; 11.4. preparation and delivery of equipment as well as of bar and food supplies.

Summary: Ground handling at Community airports Ground handling at Community airports SUMMARY OF: Directive 96/67/EC on access to the groundhandling market at Community airports WHAT IS THE AIM OF THE DIRECTIVE? The ground-handling* services at European Union (EU) airports where access is being granted include those that enable airlines to carry out air-transport activities (taxi guidance, cleaning, refuelling, baggage services, etc.). The directive applies to all EU airports open to commercial traffic whose annual traffic is not less than 2 million passenger movements or 50,000 tonnes of cargo. KEY POINTS The managing body of an airport*, the airport user* or the supplier of ground-handling services* must, under the supervision of the designated auditor, rigorously separate the accounts of their ground-handling activities from the accounts of their other activities. In parallel, the EU country: must set up, for each of the airports concerned, a committee of representatives of airport users to represent users’ interests; may require that suppliers of ground-handling services be established within the EU and may limit the number of suppliers authorised to provide categories of ground-handling services such as baggage handling, ramp handling, fuel and oil handling, cargo and mail handling; may reduce to two the number of users able to provide self-handling for ground-handling services such as baggage handling, ramp handling, fuel and oil handling, cargo and mail handling; may benefit from exemptions (limited in time) where at an airport specific constraints of available space or capacity make it impossible to open up the market and/or implement self-handling; may under certain conditions reserve for one body the management of the centralised infrastructures which cannot be divided up or the cost of which does not allow for duplication. In parallel, subject to certain conditions, EU countries may grant exemptions to airports where specific constraints make it impossible to open up the market and/or implement self-handling to the degree provided for in the directive; may oblige the supplier chosen at an airport to also operate on islands that are part of the territory of the EU country; may subject the activity of suppliers of ground-handling services to the requirement to obtain a licence issued by a public authority that is independent of the airport in order to guarantee safety, security, environmental protection and compliance with social legislation; must take the necessary measures to ensure that suppliers of ground-handling services and airport users wishing to self-handle have access to airport installations – where access to these installations is subject to a fee, the fee shall be determined according to relevant, objective, transparent and non-discriminatory criteria; may adopt, subject to the other provisions of EU law, the necessary measures to ensure the protection of workers’ rights and respect for the environment. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 14 November 1996 and had to become law in the EU countries by 25 October 1997. BACKGROUND This directive provided for a gradual implementation schedule according to whether self-handling services or third-party handling services were involved. From 1 January 2001, the directive applies to any airport located on the territory of a EU country at which the annual traffic is not less than 2 million passenger movements or 50,000 tonnes of cargo. For more information, see: Groundhandling (European Commission) KEY TERMS Ground-handling: covers a wide variety of services required by airlines in order to operate flights. These services include areas such as maintenance, fuel and freight handling. Ground-handling also covers services like passenger check-in, catering, baggage handling and transport within the airport itself. Managing body of the airport: the body responsible for administrating and managing airport infrastructures and supervising and coordinating the activities carried out by different operators. Airport user: natural or legal person carrying passengers, mail or cargo by air. Supplier of ground-handling services: natural or legal person providing third parties with one or more categories of ground-handling services. MAIN DOCUMENT Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ L 272, 25.10.1996, pp. 36-45) Successive amendments to Council Directive 96/67/EC have been incorporated in the original text. This consolidated version is of documentary value only. last update 28.02.2020


EUR-Lex - 31996L0053 - EN Avis juridique important | 31996L0053 Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic Official Journal L 235 , 17/09/1996 P. 0059 - 0075 COUNCIL DIRECTIVE 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),(1) Whereas Council Directive 85/3/EEC of 19 December 1984 on the weights, dimensions and certain other technical characteristics of certain road vehicles (4) established, in the framework of the common transport policy, common standards permitting improved use of road vehicles in traffic between Member States;(2) Whereas Directive 85/3/EEC has been significantly amended on many occasions; whereas on the occasion of its further amendment it should for reasons of clarity and rationality be recast in a single text together with Council Directive 86/364/EEC of 24 July 1986 relating to proof of compliance of vehicles with Directive 85/3/EEC (5);(3) Whereas differences between standards in force in the Member States with regard to the weights and dimensions of commercial road vehicles could have an adverse effect on the conditions of competition and constitute an obstacle to traffic between Member States;(4) Whereas, under the principle of subsidiarity, action should be taken at Community level in order to remove this obstacle;(5) Whereas the abovementioned standards reflect a balance between the rational and economical use of commercial road vehicles and the requirements of infrastructure maintenance, road safety and the protection of the environment and the fabric of live;(6) Whereas common standards on the dimensions of vehicles intended for the carriage of goods should remain stable in the long term;(7) Whereas additional technical requirements related to the weights and dimensions of vehicles may apply to commercial vehicles registered or put into circulation in a Member State; whereas these requirements must not constitute an obstacle to the circulation of commercial vehicles between Member States;(8) Whereas the definition of 'thick-walled refrigerated vehicle` in Article 2 of Directive 85/3/EEC, as amended by Directive 89/388/EEC (6), should be broadened in order to permit Member States to allow refrigerated vehicles no longer meeting the insulation requirements defined in that Article to circulate in their territory;(9) Whereas it is necessary to clarify the concept of 'indivisible load` in order to ensure uniform application of this Directive in respect of permits for vehicles or vehicle combinations carrying such loads;(10) Whereas the tonne is universally used and understood as the unit of measurement for vehicle weight and is, therefore, applied in this Directive whilst recognizing that the formal unit of weight is the newton;(11) Whereas, in implementation of the internal market, the scope of this Directive should be extended to national transport insofar as it concerns characteristics that significantly affect the conditions of competition in the transport sector and in particular the values relating to the maximum authorized length and width of vehicles and vehicle combinations intended for the carriage of goods;(12) Whereas, for the other vehicle characteristics, Member States are authorized to apply in their territory different values from those laid down in this Directive only to vehicles used in national traffic;(13) Whereas road trains using extensible coupling systems in practice attain a maximum length of 18,75 m when fully extended; whereas the same maximum length should be authorized for road trains using fixed coupling systems;(14) Whereas the maximum authorized width of 2,50 m for vehicles intended for the carriage of goods can leave insufficient internal space for the efficient loading of pallets, which has given rise to the application of different tolerances beyond that level in the legislation of the Member States concerning domestic traffic; whereas a general adaptation to the current situation is therefore necessary in order to provide for clarity in technical requirements, bearing in mind the road safety aspects of these characteristics;(15) Whereas if the maximum width of vehicles intended for the carriage of goods is increased to 2,55 m, that standard should also be applied to buses; whereas, in respect of buses, it is however necessary to provide for a transitional period to allow the manufacturers concerned to adapt industrial plant;(16) Whereas, to prevent excessive road damage and to ensure manoeuvrability, when authorizing and using vehicles preference should be given to pneumatic or equivalent suspension rather than mechanical suspension; whereas certain maximum axle loads should not be exceeded, and the vehicle must be capable of turning through 360° within certain limit values for the path followed;(17) Whereas Member States should be permitted, in national goods transport, to allow vehicles or vehicle combinations with dimensions deviating from those laid down in this Directive to circulate in their territory if the transport operations carried out by such vehicles are defined by this Directive as not significantly affecting international competition in the transport sector, i.e. operations carried out by specialized vehicles and operations carried out according to a modular concept;(18) Whereas, in the case of modular concept operations, there should be provision for a transitional period to enable a Member State to adapt its road infrastructure;(19) Whereas vehicles or vehicle combinations constructed applying new technologies or new concepts, according to standards which deviate from those laid down by this Directive, should be allowed to carry out local transport operations for a trial period to enable profit to be drawn from technical progress;(20) Whereas vehicles which entered into service before the date of implementation of this Directive and which do not comply with the dimension characteristics laid down in this Directive, owing to previously differing national provisions or methods of measurement, should be allowed for a transitional period to continue to provide transport services within the Member State in which the vehicle is registered or put into circulation;(21) Whereas progress has been made towards adopting Type-Approval Directives for vehicle combinations with five or six axles; whereas, the requirements regarding conformity with characteristics other than weights and dimensions as laid down in Annex II of Directive 85/3/EEC should therefore be deleted;(22) Whereas such a modification is also necessary in order to avoid rules conflicting with international conventions on road traffic and circulation;(23) Whereas in order to facilitate the monitoring of compliance with this Directive, it is necessary to ensure that vehicles carry proof of such compliance;(24) Whereas this Directive does not affect the obligations of the Member States concerning the deadlines for transposition into national law and for application of the Directives which this Directive replaces,HAS ADOPTED THIS DIRECTIVE:Article 11. This Directive applies to:(a) the dimensions of motor vehicles in categories M2, M3 and N2 and N3 and their trailers in categories 03 and 04, as defined in Annex II to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (7);(b) the weights and certain other characteristics of the vehicles defined in (a) and specified in Annex I (2) to this Directive.2. All the values of weights indicated in Annex I are valid as circulation standards and thus refer to loading conditions, not production standards, which will be defined in a later Directive.Article 2For the purposes of this Directive:- 'motor vehicle` shall mean any power-driven vehicle which travels on the road by its own means,- 'trailer` shall mean any vehicle intended to be coupled to a motor vehicle excluding semi-trailers, and constructed and equipped for the carriage of goods,- 'semi-trailer` shall mean any vehicle intended to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle with a substantial part of its weight and of the weight of its load being borne by the motor vehicle, and constructed and equipped for the carriage of goods,- 'vehicle combination` shall mean either:- a road train consisting of a motor vehicle coupled to a trailer; or- an articulated vehicle consisting of a motor vehicle coupled to a semi-trailer,- 'conditioned vehicle` shall mean any vehicle whose fixed or movable superstructures are specially equipped for the carriage of goods at controlled temperatures and whose side walls, inclusive of insulation, are each at least 45 mm thick,- 'bus` shall mean a vehicle with more than nine seats including the driver's seat, constructed and equipped to carry passengers and their luggage. It may have one or two decks and may also draw a luggage trailer,- 'articulated bus` shall mean a bus consisting of two rigid sections connected to each other by an articulated section. On this type of vehicle the passenger compartments in each of the two rigid sections shall be intercommunicating. The articulated section shall permit the free movement of travellers between the rigid sections. Connection and disconnection of the two sections shall be possible only in a workshop,- 'maximum authorized dimensions` shall mean the maximum dimensions for use of a vehicle, as laid down in Annex I to this Directive,- 'maximum authorized weight` shall mean the maximum weight for use of a laden vehicle in international traffic,- 'maximum authorized axle weight` shall mean the maximum weight for use in international traffic of a laden axle or group of axles,- 'indivisible load` shall mean a load that cannot, for the purpose of carriage by road, be divided into two or more loads without undue expense or risk of damage and which owing to its dimensions or mass cannot be carried by a motor vehicle, trailer, road train or articulated vehicle complying with this Directive in all respects,- 'tonne` shall mean the weight executed by the mass of a tonne and shall correspond to 9,8 kilonewtons (kN),All maximum authorized dimensions specified in Annex I shall be measured in accordance with Annex I to Directive 70/156/EEC, with no positive tolerances.Article 31. A Member State may not reject or prohibit the use in its territory:- in international traffic, of vehicles registered or put into circulation in any other Member State for reasons relating to their weights and dimensions,- in national traffic, of goods vehicles registered or put into circulation in any other Member State for reasons relating to their dimensions,provided that such vehicles comply with the limit values specified in Annex I.This provision shall apply notwithstanding the fact that:(a) the said vehicles are not in conformity with the requirements of that Member State with regard to certain weight and dimension characteristics not covered by Annex I;(b) the competent authority of the Member State in which the vehicles are registered or put into circulation has authorized limits not referred to in Article 4 (1) exceeding those laid down in Annex I.2. However, paragraph 1 (a) shall not affect the right of Member States, with due regard to Community law, to require vehicles registered or put into circulation in their own territory to be in conformity with their national requirements on weight and dimension characteristics not covered by Annex I.3. Member States may require conditioned vehicles to carry an ATP certificate or ATP certification plate provided for in the Agreement of 1 September 1970 on the international carriage of perishable foodstuffs and on the special equipment to be used for such carriage.Article 41. Member States shall not allow the normal circulation of vehicles or vehicle combinations for the national transport of goods in their territory which are not in conformity with the characteristics set out in points 1.1, 1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex I.2. Member States may nonetheless allow circulation in their territory of vehicles or vehicle combinations for the national transport of goods freight which are not in conformity with the characteristics set out in 1.3, 2, 3, 4.1 and 4.3 of Annex I.3. Vehicles or vehicle combinations which exceed the maximum dimensions may only be allowed to circulate on the basis of special permits issued without discrimination by the competent authorities, or on the basis of similar non-discriminatory arrangements agreed on a case-by-case basis with those authorities, where these vehicles or vehicle combinations carry or are intended to carry indivisible loads.4. Member States may allow vehicles or vehicle combinations used for goods transport which carry out certain national transport operations that do not significantly affect international competition in the transport sector to circulate in their territory with dimensions deviating from those laid down in points 1.1, 1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex I.Transport operations shall be considered not significantly to affect international competition in the transport sector if one of the conditions under (a) and (b) is fulfilled:(a) the transport operations are carried out in a Member State's territory by specialized vehicles or specialized vehicle combinations in circumstances in which they are not normally carried out by vehicles from other Member States, e.g. operations linked to logging and the forestry industry;(b) the Member State which permits transport operations to be carried out in its territory by vehicles or vehicle combinations with dimensions deviating from those laid down in Annex I also permits motor vehicles, trailers and semi-trailers which comply with the dimensions laid down in Annex I to be used in such combinations as to achieve at least the loading length authorized in that Member State, so that every operator may benefit from equal conditions of competition (modular concept).The Member State concerned which has to adapt its road infrastructure in order to be able to fulfil the condition under (b) may nevertheless prohibit, until 31 December 2003 at the latest, the circulation in its territory, in national goods transport operations, of vehicles or vehicle combinations which exceed current national standards on dimensions, provided that national legislation continues to apply to all Community carriers in a non-discriminatory manner.The Member States shall inform the Commission of the measures taken pursuant to this paragraph.5. Member States may allow vehicles or vehicle combinations incorporating new technologies or new concepts which cannot comply with one or more requirements of this Directive to carry out certain local transport operations for a trial period. Member States shall inform the Commission thereof.6. Member States may allow vehicles or vehicle combinations used for goods transport and registered or put into circulation before the implementation of this Directive to circulate in their territory until 31 December 2006 with dimensions exceeding those laid down in points 1.1, 1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex I by virtue of differing national provisions or methods of measurement.Article 5Without prejudice to Article 4 (6):(a) articulated vehicles put into circulation before 1 January 1991 which do not comply with the specifications contained in points 1.6 and 4.4 of Annex I shall be deemed to comply with such specifications for the purposes of Article 3 if they do not exceed a total length of 15,50 m;(b) road trains, the motor vehicle of which was put into circulation before 31 December 1991 and which do not comply with the specifications contained in points 1.7 and 1.8 of Annex I, shall until 31 December 1998 be deemed to comply with such specifications for the purposes of Article 3 if they do not exceed a total length of 18,00 m.Article 61. Member States shall take the necessary measures to ensure that Article 1 vehicles referred to in Article 1 and complying with this Directive carry one of the proofs referred to in (a), (b) and (c):(a) a combination of the following two plates:- the 'manufacturer's plate` established and attached in accordance with Directive 76/114/EEC (8),- the plate relating to dimensions, in accordance with Annex III, established and attached in accordance with Directive 76/114/EEC;(b) a single plate established and attached in accordance with Directive 76/114/EEC and containing the information on the two plates referred to in (a);(c) a single document issued by the competent authorities of the Member State in which the vehicle is registered or put into circulation. Such document shall bear the same headings and information as the plates referred to in (a). It shall be kept in a place easily accessible to inspection and shall be adequately protected.2. If the characteristics of the vehicle no longer correspond to those indicated on the proof of compliance, the Member State in which the vehicle is registered shall take the necessary steps to ensure that the proof of compliance is altered.3. The plates and documents referred to in paragraph 1 shall be recognized by the Member States as the proof of vehicle compliance provided for in this Directive.4. Vehicles carrying proof of compliance may be subject:- as regards common standards on weights, to random checks,- as regards common standards on dimensions, only to checks where there is a suspicion of non-compliance with this Directive.5. The middle column of the proof of compliance relating to weights shall contain, where appropriate, the Community weight standards applicable to the vehicle in question. As regards vehicles referred to in point 2.2.2 (c) of Annex I, the entry '44 tonnes` shall be included in brackets under the maximum authorized weight of the vehicle combination.6. Each Member State may decide, in respect of any vehicle registered or put into circulation in its territory, that the maximum weights authorized by its national legislation shall be indicated in the proof of compliance in the left-hand column and the technically permissible weights in the right-hand column.Article 7This Directive shall not preclude the application of road traffic provisions in force in each Member State which permit the weight and/or dimensions of vehicles on certain roads or civil engineering structures to be limited, irrespective of the State of registration of such vehicles.Article 8Article 3 shall not apply in Ireland and the United Kingdom until 31 December 1998:(a) as regards the standards referred to in points 2.2, 2.3.1, 2.3.3, 2.4 and 3.3.2 of Annex I:- with the exception of the articulated vehicles referred to in point 2.2.2 where:(i) the total laden weight does not exceed 38 tonnes;(ii) the weight on any tri-axle at the spacing specified in point 3.3.2 does not exceed 22,5 tonnes,- with the exception of the vehicles referred to in points 2.2.3, 2.2.4, 2.3 and 2.4, where the total laden weight does not exceed:(i) 35 tonnes for the vehicles referred to in points 2.2.3 and 2.2.4;(ii) 17 tonnes for the vehicles referred to in point 2.3.1;(iii) 30 tonnes for the vehicles referred to in point 2.3.3, subject to compliance with the conditions specified in that point and in point 4.3;(iv) 27 tonnes for the vehicles referred to in point 2.4,(b) as regards the standard referred to in point 3.4 of Annex I, with the exception of the vehicles referred to in points 2.2, 2.3 and 2.4, where the weight per driving axle does not exceed 10,5 tonnes.Article 9As regards the standard referred to in point 1.2 (a) of Annex I, a Member State may reject or prohibit the use in its territory, until 31 December 1999, of buses with a width exceeding 2,5 m.Member States shall inform the Commission of the measures taken pursuant to this Article. The Commission shall inform the other Member States thereof.Article 10The Directive listed in Annex IV, Part A, shall be repealed with effect from the date in Article 11, without prejudice to the obligations of the Member States concerning the deadlines for transposition set out in Annex IV, Part B.References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex V.Article 111. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 17 September 1997. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field covered by this Directive.Article 12This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 13This Directive is addressed to the Member States.Done at Brussels, 25 July 1996.For the CouncilThe PresidentH. COVENEY(1) OJ No C 38, 8. 2. 1994, p. 3 and OJ NO C 247, 23. 9. 1995, p. 1.(2) OJ No C 295, 22. 10. 1994, p. 72.(3) Opinion of the European Parliament delivered on 15 November 1994 (OJ No C 341, 5. 12. 1994, p. 39), Council common position of 8 December 1995 (OJ No C 356, 30. 12. 1995, p. 13), and Decision of the European Parliament of 14 March 1996 (OJ No C 96, 4. 4. 1996, p. 233).(4) OJ No L 2, 3. 1. 1985, p. 14. Directive as last amended by Directive 92/7/EEC (OJ No L 57, 2. 3. 1992, p. 29).(5) OJ No L 221, 7. 8. 1986, p. 48).(6) OJ No L 142, 25. 5. 1989, p. 3.(7) OJ No L 42, 23. 2. 1970, p. 1. Directive as last amended by the 1994 Act of Accession.(8) OJ No L 24, 30. 1. 1976, p. 1. Directive as amended by Commission Directive 78/507/EEC (OJ No L 155, 13. 6. 1978, p. 31).ANNEX I >TABLE>ANNEX II CONDITIONS RELATING TO EQUIVALENCE BETWEEN CERTAIN NON-AIR SUSPENSION SYSTEMS AND AIR SUSPENSION FOR VEHICLE DRIVING AXLE(S) 1. DEFINITION OF AIR SUSPENSION A suspension system is considered to be air suspended if at least 75 % of the spring effect is caused by the air spring.2. EQUIVALENCE TO AIR SUSPENSION A suspension recognized as being equivalent to air suspension must conform to the following:2.1. during free transient low frequency vertical oscillation of the sprung mass above a driving axle or bogie, the measured frequency and damping with the suspension carrying its maximum load must fall within the limits defined in points 2.2 to 2.5;2.2. each axle must be fitted with hydraulic dampers. On tandem axle bogies, the dampers must be positioned to minimize the oscillation of the bogies;2.3. the mean damping ratio D must be more than 20 % of critical damping for the suspension in its normal conditions with hydraulic dampers in place and operating;2.4. the damping ratio D of the suspension with all hydraulic dampers removed or incapacitated must be not more than 50 % of D;2.5. the frequency of the sprung mass above the driving axle or bogie in a free transient vertical oscillation must not be higher than 2,0 Hz;2.6. the frequency and damping of the suspension are given in paragraph 3. The test procedures for measuring the frequency and damping are laid down in paragraph 4.3. DEFINITION OF FREQUENCY AND DAMPING In this definition a sprung mass M (kg) above a driving axle or bogie is considered. The axle or bogie has a total vertical stiffness between the road surface and the sprung mass of K Newtons/metre (N/m) and a total damping coefficient of C Newtons per metre per second (N.s/m). The vertical displacement of the sprung mass is Z. The equation of motion for free oscillation of the sprung mass is:M >NUM>d² Z>DEN>dt² + C >NUM>d Z>DEN>dt + kZ = 0The frequency of oscillation of the sprung mass F >NUM>(rad/>DEN>sec) is:F = √>NUM>K>DEN>M - >NUM>C²>DEN>4M²The damping is critical when C = C°,whereC° = 2√KMThe damping ratio as a fraction of critical damping is >NUM>C/>DEN>C°.During free transient oscillation of the sprung mass the vertical motion of the mass will follow a damped sinusoidal path (Figure 2). The frequency can be estimated by measuring the time for as many cycles of oscillation as can be observed. The damping can be estimated by measuring the heights of successive peaks of the oscillation in the same direction. If the peak amplitudes of the first and second cycles of the oscillation are A1 and A2, then the damping ratio D is;D = >NUM>C>DEN>C° = >NUM>1>DEN>2ð . ln >NUM>A1>DEN>A2'ln` being the natural logarithm of the amplitude ratio.4. TEST PROCEDURE To establish by test the damping ratio D, the damping ratio with hydraulic dampers removed, and the frequency F of the suspension, the loaded vehicle should either:(a) be driven at low speed (5 km/hr ± 1 km/hr) over an 80 mm step with the profile shown in Figure 1. The transient oscillation to be analyzed for frequency and damping occurs after the wheels on the driving axle have left the step;or(b) be pulled down by its chassis so that the driving axle load is 1,5 times its maximum static value. The vehicle held down is suddenly released and the subsequent oscillation analyzed;or(c) be pulled up by its chassis so that the sprung mass is lifted by 80 mm above the driving axle. The vehicle held up is suddenly dropped and the subsequent oscillation analyzed;or(d) be subjected to other procedures insofar as it has been proved by the manufacturer, to the satisfaction of the technical department, that they are equivalent.The vehicle should be instrumented with a vertical displacement transducer between driving axle and chassis, directly above the driving axle. From the trace, the time interval between the first and second compression peaks can be measured to obtain the frequency F and the amplitude ratio to obtain the damping. For twin-drive bogies, vertical displacement transducers should be fitted between each driving axle and the chassis directly above it.>REFERENCE TO A GRAPHIC>ANNEX III PLATE RELATING TO DIMENSIONS REFERRED TO IN ARTICLE 6 (1) (a) I. The plate relating to dimensions, as far as possible affixed next to the plate referred to in Directive 76/114/EEC, must contain the following data:1. name of the manufacturer (1);2. vehicle identification number (2);3. length of the motor vehicle, trailer or semi-trailer (L);4. width of the motor vehicle, trailer or semi-trailer (W);5. data for the measurement of the length of vehicle combinations:- the distance (a) between the front of the motor vehicle and the centre of the coupling device (coupling hook or fifth wheel); in the case of a fifth wheel with several coupling points, the minimum and maximum values must be given (amin and amax),- the distance (b) between the centre of the coupling device of the trailer (fifth wheel ring) or of the semi-trailer (kingpin) and the rear of the trailer or of the semi-trailer; in the case of a device with several coupling points, the minimum and maximum values must be given (bmin and bmax).The length of vehicle combinations is the length of the motor vehicle and trailer or semi-trailer placed in a straight line behind each other.II. The values given on the proof of compliance shall reproduce exactly the measurements carried out directly on the vehicle.(1) This information need not be repeated where the vehicle carries a single plate containing data on both weights and dimensions.ANNEX IV PART A REPEALED DIRECTIVES (referred to in Article 10) - Directive 83/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles and its successive amendments:- Directive 86/360/EEC- Directive 88/218/EEC- Directive 89/338/EEC- Directive 89/460/EEC- Directive 89/461/EEC- Directive 91/60/EEC- Directive 92/7/EEC- Directive 86/364/EEC relating to proof of compliance of vehicles with Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles.PART B >TABLE>ANNEX V >TABLE>

Summary: Authorised dimensions and maximum weights for trucks, buses and coaches Authorised dimensions and maximum weights for trucks, buses and coaches SUMMARY OF: Directive 96/53/EC – authorised dimensions and weights for trucks, buses and coaches involved in international traffic WHAT IS THE AIM OF THE DIRECTIVE? The weights and dimensions directive seeks to improve the functioning of the European Union’s (EU) internal market and to ensure the free movement of goods in the EU by setting maximum limits for heavy goods vehicles, buses and coaches carrying out international transport within the EU. It requires national transport companies to meet the standards set for international transport. The directive was amended by Directive (EU) 2015/719, which seeks to make heavy goods vehicles and buses greener and safer by authorising weights and dimensions that exceed the limits laid down in Directive 96/53/EC, in certain cases and under specific conditions. KEY POINTS Scope The directive, as amended, applies to the dimensions of: goods vehicles and their trailers weighing more than 3.5 tonnes;passenger vehicles carrying more than nine people. It does not apply to articulated buses comprising more than one articulated section. Directive (EU) 2015/719 allows a weight increase of 1 tonne for alternatively fuelled* lorries and three-axle buses, to take account of the weight required for the alternative fuel technology. Regulation (EU) 2019/1242 amended the directive to allow an additional tonne for zero-emission* lorries and three-axle articulated buses (see summary). It also increases by 1.5 tonnes the maximum weight of two-axle buses to take account of the developments in collective passenger transport, such as the increased average weight of passengers and their luggage, and of the new equipment required by the safety regulations. International traffic It fixes maximum limits on the weights and dimensions, along with certain other vehicle characteristics defined in the directive’s annexes. No vehicles that exceed the set limits are allowed to use the roads of an EU Member State, except with special permits. Vehicles from one Member State that fall within the set limits must be allowed to use the roads of another Member State, with the possible exception of some limited stretches of road or structures like small villages, places of special interest or ancient bridges where lower limits can be set by the administration. National traffic No vehicles that exceed the set limits on dimensions are allowed to use the roads of a Member State. However there are some exceptions to these limits, including for: the length of vehicles with aerodynamic features designed to increase energy efficiency; the length of vehicles designed to transport particular goods such as timber; the length of combinations of standard vehicles (motor vehicles, trailers and semi-trailers coupled together); the length and weight of vehicles transporting containers in intermodal transport*. Member States can authorise higher limits on weights for national transport. Member States can also test within their territories new technologies on vehicles that exceed the set limits for a limited period. Compliance Member States must ensure that vehicles can prove they comply with the rules by providing one of the following: a manufacturer’s plate with an additional plate showing dimensions; a single plate containing both of the above; a document issued by the Member State in which the vehicle was registered containing the same information. Further details are available in Annex III to the directive. Enforcing the rules National governments decide how the rules are enforced and what penalties are imposed for exceeding the maximum authorised weights. However, they should implement specific measures to detect heavy-duty vehicles in circulation that are likely to exceed those limits with the aid of automatic systems (sensors on the road or on-board weighing equipment). A report must be sent to the European Commission every 2 years setting out: the number of checks carried out in the previous 2 calendar years; the number of overloaded vehicles or vehicle combinations detected. Implementing acts Implementing Regulation (EU) 2019/1213 lays down uniform conditions for the interoperability and compatibility of on-board weighing equipment installed on vehicles or vehicle combinations to ensure compliance with Directive 96/53/EC or the requirements on maximum weight for national traffic of the Member State where the vehicle is in use. Implementing Regulation (EU) 2019/1916 lays down detailed rules as regards the use of rear aerodynamic devices (e.g. retractable or foldable flaps attached to the rear of trucks and their trailers). Note: a closely related act, Regulation (EU) 2019/1892, sets out the rules regarding type-approval for elongated cabs and for aerodynamic devices and equipment. FROM WHEN DOES THE DIRECTIVE APPLY? Directive 96/53/EC has applied since 17 September 1996 and had to become law in the Member States by 16 September 1997. BACKGROUND For further information, see: Weights and dimensions (European Commission). KEY TERMS Alternative fuels. Fuels or power sources that serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and that have the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector, consisting of:electricity consumed in all types of electric vehicles;hydrogen;natural gas, including biomethane, in gaseous form (compressed natural gas) and liquefied form (liquefied natural gas);liquefied petroleum gas;mechanical energy from on-board storage/on-board sources, including waste heat. Zero-emission lorries and buses. Heavy-duty vehicles (lorries and buses) with no internal combustion engine or with an internal combustion engine that emits less than 1 g CO2/kWh or less than 1 g CO2/km. Intermodal transport. Goods haulage involving a combination of road transport with alternative rail and/or water-based transport, where the goods are transported within an intermodal loading unit (container or swap body of up to 45 feet) without the actual goods being handled at transhipment. The use of these alternative modes should cover the majority of the journey, while the road transport leg should be limited to a short distance at the start and/or end of the journey. MAIN DOCUMENT Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic (OJ L 235, 17.9.1996, pp. 59–75). Successive amendments to Directive 96/53/EC have been incorporated into the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Implementing Regulation (EU) 2019/1916 of 15 November 2019 laying down detailed provisions as regards the use of rear aerodynamic devices pursuant to Council Directive 96/53/EC (OJ L 297, 18.11.2019, pp. 3–4). See consolidated version. Commission Regulation (EU) 2019/1892 of 31 October 2019 amending Regulation (EU) No 1230/2012 as regards type-approval requirements for certain motor vehicles fitted with elongated cabs and for aerodynamic devices and equipment for motor vehicles and their trailers (OJ L 291, 12.11.2019, pp. 17–41). Commission Implementing Regulation (EU) 2019/1213 of 12 July 2019 laying down detailed provisions ensuring uniform conditions for the implementation of interoperability and compatibility of on-board weighing equipment pursuant to Council Directive 96/53/EC (OJ L 192, 18.7.2019, pp. 1–22). last update 17.12.2021