16.3.1999 Official Journal of the European Communities L 69/31 COMMISSION DECISION of 10 February 1999 relating to a proceeding pursuant to Article 90 of the Treaty (Case No IV/35.703 — Portuguese airports) (notified under document number C(1999) 243) (Only the Portuguese text is authentic) (Text with EEA relevance) (1999/199/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 86 and Article 90(1) and (3) thereof, Having given the Portuguese authorities, Aeroportos e Navegacao Aérea — Empresa Publica (ANA), TAP Air Portugal and Portugalia the opportunity to make known their views on the objections raised by the Commission, Whereas: I. THE FACTS (a) The relevant State measure This proceeding relates to the system of discounts on landing charges in use at Portuguese airports and the differentiation of these charges according to the origin of the flight. Article 18 of Decree-law No 102/90 of 21 March 1990 provides that the amount of aeronautical charges at airports administered by Aeroportos e Navegacao Aérea — Empresa Publica (ANA) is fixed by order in Council, following consultation with the Directorate-General for Civil Aviation. The third paragraph of Article 18 states that the charges may be differentiated according to the category, function and degree of utilisation of the airport in question. Implementing decree (Decreto regulamentar) No 38/91 of 29 July 1991 lays down the conditions governing landing charges: ‘Article 4(1): A landing and take-off charge shall be due for each landing by an aircraft, and shall be based on the maximum take-off weight stated in the airworthiness certificate. Article 4(5): Domestic flights shall be granted a reduction of 50 %’. Every year the Government issues an order updating the levels of the charges. The following system of discounts was introduced by order in Council (Portaria) No 352/98 on 23 June 1998, pursuant to Decree-law No 102/90. Discount relative to Cugs | el (%) First 50 flights (landings per month) 1146 Second 50 flights 1063 -7.2 Third 50 flights 979 — 14,6 Fourth 50 flights 888 —22,5 Thereafter 771 —327 Airports at Oporto, Faro and the Azores First 50 flights 1146 Second 50 flights 938 —18,4 Third 50 flights 866 —244 Fourth 50 flights 786 —314 Thereafter 681 —40,6 Source: Letter from Portuguese authorities, 16 July 1998.