Amended proposal for a Council Directive on airport charges
C 319/4 EN Official Journal of the European Communities 16. 10. 98 II (Preparatory Acts) COMMISSION Amended proposal for a Council Directive on airport chargesØ(˛) (98/C 319/04) (Text with EEA relevance) COM(1998) 509 final - 97/0127(SYN) (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 14 September 1998) (˛) OJ C 257, 22. 8. 1997, p. 2. ORIGINAL PROPOSAL AMENDED PROPOSAL THE COUNCIL OF THE EUROPEAN UNION, Unchanged Having regard to the Treaty establishing the European Community, and in particular Article 84(2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and Social Committee, Having regard to the opinion of the Committee of the Regions, Acting in accordance with the procedure provided for in Article 189c of the Treaty in cooperation with the European Parliament, 1. Whereas progressively the Community introduced a common air in particular for the purpose of completing the single market, under Article 7a of the Treaty; transport policy, has 2. Whereas the internal market comprises an area without internal borders in which the free movement of people, goods, services and capital is guaranteed; 2a. Whereas airports constitute an important part of service of general infrastructure providing a interest; 16. 10. 98 EN Official Journal of the European Communities C 319/5 ORIGINAL PROPOSAL AMENDED PROPOSAL 3. Whereas a Community framework is needed to ensure that fair and equitable market conditions apply both to users and passengers and to the owners and management bodies of airports; Unchanged 4. Whereas, however, these rules must comply with the principle of proportionality in accordance with the third paragraph of Article 3b of the Treaty and should therefore be limited to the laying down of fundamental principles; 5. Whereas, in administrative management and the smallest airports do not justify the application of the Community framework; financial situation of addition, the the 5. Whereas, in addition, administrative management and the financial situation of the small airports do not the Community framework; the application of justify the 6. Whereas, within this market, there should be no discrimination between intraÜCommunity flights for the provision of equivalent services; 6. Whereas, within this market, there should be no discrimination between intraÜCommunity flights for the provision of equivalent services; 7. Whereas airports may be managed as commercial undertakings which must strive to be efficient in order to make their activities profitable and to better satisfy market requirements and passengers’ needs; 7. Whereas airports should be managed as commercial undertakings which must strive to be efficient in order to make their activities profitable and to better satisfy market requirements and passengers’ needs; 8. Whereas, however, within that market, airports are exposed to limited competition; to 8. Whereas, however, within that market, airports are exposed therefore, require appropriate monitoring measures with a view to the airports providing suitable and cost effective services and facilities; limited competition and 9. Whereas, among their various activities, the main task of airports is to ensure the handling of aircraft from landing to take off so as to enable users to carry out their air transport business; 9. Whereas, among their various activities, the main task of airports is to provide a quality service to passengers, freight and mail and attend to aircraft from landing to take off so as to enable users to carry out their air transport business; 10. Whereas, for this purpose, airports offer a certain number of facilities and services directly related to the operation of aircraft, the costs of which they must be able to cover; Unchanged 11. Whereas, unlike other types of airport revenue or charges which may be levied on users, airport charges provide compensation for the facilities and services provided by the airport; 12. Whereas such services and facilities can, by their nature, only be provided by itself; whereas, in view of this monopoly situation, the level of airport charges must be in relation to the costs borne for the provision of such facilities and services, taking into consideration the objective of economic and social cohesion; the airport C 319/6 EN Official Journal of the European Communities 16. 10. 98 ORIGINAL PROPOSAL AMENDED PROPOSAL 13. Whereas an airport must also be able to cover all of the costs required for its sound operation in terms of efficiency, safety and the environment by modulating the level of the charges; 14. Whereas it is therefore important to ensure the transparency of the costs to which such services or facilities give rise; whereas, therefore, any changes made to the system or level of airport charges must be explained to airport users; 15. Whereas, at the same time, to enable airports to fulfil their task of managing the facilities and better airport’s satisfying sufficient management information regarding users’ forecasts and objectives concerning the airport; the receive body must requirements, users’ 16. Whereas such changes or investment proposed by the airport must be explained in the framework of consultation procedures between the management bodies and airport users; 17. Whereas the airport’s management body must be able to retain control of the management and funding of its facilities; 18. Whereas it is necessary to take appropriate steps to ensure that infringements of Community law carry penalties which are effective, proportionate and dissuasive; 19. Whereas this Directive the application of the provisions of the Treaty, and in particular Articles 85 to 94 thereof, should not affect HAS ADOPTED THIS DIRECTIVE: Article 1 Aim and scope The aim of this Directive is to ensure compliance with the principles of non discrimination, cost relatedness and transparency as regards airport charges. The aim of this Directive is to ensure compliance with the principles of non discrimination, cost relatedness and transparency as regards airport charges. It applies to any airport or airport system located in a territory subject to the provisions of the Treaty and open to commercial traffic. However, Articles 4 to 7 apply only to airports with annual traffic of at least 250Ø000 passenger movements or 25Ø000 tonnes of freight. It applies to any airport or airport system located in a territory subject to the provisions of the Treaty and open to commercial traffic. However, Articles 4 to 7 apply only to airports with annual traffic of at least 1 million passenger movements or 25Ø000 tonnes of freight. 16. 10. 98 EN Official Journal of the European Communities C 319/7 ORIGINAL PROPOSAL AMENDED PROPOSAL Article 2 Definitions For the purposes of this Directive, the following defiÜ nitions shall apply: For the purposes of this Directive, the following defiÜ nitions shall apply: 1. airport means any land specially developed for the take off and manoeuvring of aircraft, it may contain for the to accommodate commercial air landing, including any related facilities aircraft facilities needed services; traffic and service requirements and 1. airport means any area of land especially adapted for the landing, take off and manoeuvring of aircraft, these including operations may the requirements of aircraft traffic and services including the installations needed to assist commercial air services; installations which for the ancillary involve 2. management body means the body which, whether or not in conjunction with other activities, has the task under national laws or regulations of administering and managing the airport facilities and coordinating and controlling the activities of the various operators present at the airport or within the airport system concerned; 2. management body means a body which, in conjunction with other activities, or not as the case may be, has as its objective under national laws or regulations the administration and management of the airport infraÜ structures and the coordination and control of the activities of the different operators present in the airport, airport system or airport network concerned; 3. intraÜCommunity air service means any commercial, two flight between scheduled or non scheduled Community airports; 3. intraÜCommunity air service means any commercial, two flight between scheduled or non scheduled Community airports; 4. airport charges means the sums collected at an airport for the benefit of the management body and paid by the remuneration of the airport’s users ensuring facilities and services which, by their nature, can only be provided by the airport and which are related to lighting, handling passengers and freight, the parking of aircraft and, where appropriate, security of passengers as well as the environmental effects of handling aircraft and passengers, excluding any amounts paid for air navigation or meteorological services; landing, 4. airport charges means the sums collected at an airport for the benefit of the management body and paid by the remuneration of the airport’s users ensuring facilities and services which, by their nature, can only be provided by the airport and which are related to handling passengers, landing, lighting, parking of aircraft and, where appropriate, the security of passengers as well as the environmental effects of handling aircraft, passengers, freight and mail, excluding any amounts paid for air navigation or meteorological services; freight and mail, 5. airport system means two or more airports grouped together to serve the same city or conurbation, as defined in Article 2(m) of Council Regulation (EEC) No 2408/92; 5. airport systemmeans two or more airports grouped together to serve the same city or conurbation, as defined in Article 2(m) of Council Regulation (EEC) No 2408/92; 5a. airport network means a system of airports grouped together and managed as an entity with the objective of promoting economic and social cohesion; 6. airport user means any natural or legal person carrying passengers, mail and/or freight by air from or to the airport concerned. 6. airport user means any natural or legal person operating aircraft carrying passengers, mail and/or freight by air from or to the airport concerned. C 319/8 EN Official Journal of the European Communities 16. 10. 98 ORIGINAL PROPOSAL AMENDED PROPOSAL Article 3 NonÜdiscrimination Member States shall take the measures necessary to ensure that the same level of airport charges is applied at airports to equivalent intraÜCommunity air services in terms of the aircraft type and/or characteristics, the distance flown and/or the administrative and customs formalities. Unchanged Article 4 CostÜrelatedness 1. ÚMember States shall ensure that the level of airport charges collected at airports or in the airport systems is set in a reasonable relation to the overall cost of the services and facilities which these charges are intended to cover. When determining level of such costs, particular account shall be taken of: the Unchanged (a) the cost of the facilities, financing including depreciation in the value of the assets during the period concerned and the financing of any facilities for which the project and the date of commencement of the works have been duly agreed and any adminÜ istrative permits, where appropriate, have been issued; (b) the financial charges; (c) the expenditure on operation and maintenance; (d) the general administrative charges and various taxes; (e) a reasonable return on the capital invested. the application of 2. ÚWithout prejudice the to competition rules of the Treaty, the airport charges applicable in the major national airport of a Member State can be established at a level which permits the management body, in order to promote economic and social cohesion, to support financially the levels of airport charges in regional airports in the same Member State, on condition that: (a) this financial support comes from revenue other than the airport charges in the major airport, and/or 16. 10. 98 EN Official Journal of the European Communities C 319/9 ORIGINAL PROPOSAL AMENDED PROPOSAL (b) this support comes from airport charges, provided in conformity with they are established that paragraph 1, or (c) otherwise, when the conditions referred to in points (a) and (b) are not fulfilled and when the subsidies granted by public authorities are not sufficient, the regional airports concerned have an annual traffic of less than 300Ø000 passenger movements or 30Ø000 tonnes of freight and on condition that the annual traffic of transfer or transit passengers at the major airport represent at least 5Ø% of the total traffic at that airport. 3. ÚThe costs shall be determined using the principles of accounting and evaluation generally accepted in each of the Member States. Article 5 Modulations 1. ÚBy derogation from Article 4, the management bodies may include the external environmental costs due to air traffic and modulate the charges to reflect the requirements in terms of management of the airport facilities or any changes in demand and use of the airport during a given period. Unchanged Member States shall ensure that the modulations are not designed to generate additional revenue for the airport. 2. ÚThe management body may also, as part of its commercial policy, (a) take account of all or part of its income that is not derived from airport charges when establishing the total level of its airport charges; (b) grant discounts in conformity with the provisions of the Treaty. 3. ÚAny modulation in the level of the airport charges shall be applied in a transparent and non discriminatory manner. C 319/10 EN Official Journal of the European Communities 16. 10. 98 ORIGINAL PROPOSAL AMENDED PROPOSAL Article 6 Transparency 1. ÚIn order to improve the quality of the service provided to airport users, Member States shall ensure that the management bodies provide each airport user with information on the components serving as a basis for determining the level of the airport charges. This information shall include: (a) a clear list of the various services provided by the airport in return for the airport charge levied; and Unchanged (a) a clear list of the various services and infrastructure facilities provided by the airport in return for the airport charge levied, and (b) the method of calculation used by the management (b) the method of calculation used by the management body. 2. ÚThe management body shall in particular provide airport users or the associations representing them with information concerning: body. (Deleted) (a) the amount of each category of airport charge (c) the amount of each category of airport charge collected at the airport; collected at the airport; (b) the total number of staff deployed to services which (d) the total number of staff deployed to services which give rise to the collection of airport charges, give rise to the collection of airport charges, (c) forecasts of the situation at the airport as regards airport charges, traffic growth and any proposed investments. (e) forecasts of the situation at the airport as regards airport charges, traffic growth and any proposed investments. that airport users 3. ÚMember States shall ensure submit information to the management body concerning in particular: that airport users 2. ÚMember States shall ensure submit information to the management body concerning in particular: (a) forecasts as regards traffic, (a) forecasts as regards traffic, (b) forecasts as to the composition of their fleet, (b) forecasts as to the composition of their fleet operating at the airport concerned, (c) their development projects at the airport, (c) their development projects at the airport, (d) their requirements at the airport concerned. (d) their requirements at the airport concerned. Article 7 Consultation and legal remedy 1. ÚMember States shall take the necessary measures to arrange, at each airport, a procedure for consultation between the management body and airport users. The aim is to seek the views of airport users before the decision to modify the system or the level of airport charges is taken. These views do not bind the authority responsible for taking a decision with regard to the airport charges. 1. ÚThe management body at each airport, airport system or airport network shall arrange for consultation between the management body and airport users or representatives of airport users. The aim is to explain to users the reasons for any proposal to modify the system or the level of airport charges, to seek users’ views and to take users’ views into account before any decision is taken by the management body. 16. 10. 98 EN Official Journal of the European Communities C 319/11 ORIGINAL PROPOSAL AMENDED PROPOSAL Such consultation shall be held at least once a year. These views do not bind the authority responsible for taking a decision with regard to the airport charges. Such consultation shall be held whenever it is proposed to vary the charges and, at all events, at least once a year. ensure shall also 1a. ÚMember States the management body provides information relating to new infrastructure projects prior to finalisation of plans. This information shall be provided in order to make moniÜ toring of costs of infrastructure possible and with the view to provide suitable and cost effective facilities at the airport concerned. that 2. Ú Member States shall take the necessary steps to informs airport users or the ensure that an airport organisations representing to them of any decision change the system or level of airport charges at least two months before the change takes effect. 2. Member States shall take the necessary measures to ensure that a management body begins consultation with airport users or representatives of airport users at least three months before it is proposed to change the system or the level of airport charges. Following such consulÜ tation, the management body shall inform airport users or representatives of airport users of its decision and the reasons for it at least one month before the change takes effect. 3. ÚMember States shall also ensure that, in the event of disagreement over the decision, airport users are able to request to be consulted a second time. 3. ÚIn the event of a disagreement over a decision on airport charges, Member States shall ensure that a party may seek legal remedy against the decision before a national court or a public authority other than the management body of the airport concerned and, where appropriate, authority controlling it. independent of the public Article 8 Penalties Unchanged Member States shall lay down a system of penalties applicable in the event of infringement of the national provisions transposing this Directive and shall take all necessary steps to ensure their implementation. The penalties shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those provisions before 1 January 2002 and of any subsequent amendment relating thereto as soon as possible. Article 9 Implementation laws, 1. ÚMember States shall bring regulations and administrative provisions necessary to conform with this Directive before 1 January 2002. They shall forthwith inform the Commission thereof. into force the Unchanged C 319/12 EN Official Journal of the European Communities 16. 10. 98 ORIGINAL PROPOSAL AMENDED PROPOSAL When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accomÜ panied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. the shall States the 2. ÚMember Commission the essential provisions of domestic law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof. communicate text of to Article 10 Report and revision 1. ÚThe Commission shall submit a report to the European Parliament and the Council on the operation of this Directive before 1 January 2004 as well as, when appropriate, any suitable proposal. Unchanged 2. ÚMember States and the Commission shall cooperate this Directive, particularly as in the application of regards the collection of information for the report mentioned in paragraph 1. Article 11 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. Unchanged This Directive is addressed to the Member States. Unchanged Article 12 Addressees