+Article 9 Exemptions
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Article 9 Exemptions

1. Przegląd

,
Article 9 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).
Article 9 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.
Article 9 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.
Article 9 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.
Article 9 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.
Article 9 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.

1.1 Odwołania

1.2 Zidentyfikowane wymagania

1.3 Powiązane normy

2. Zidentyfikowane wymagania

Wymagania

3. Powiązane normy

Normy