No C 147/6 Official Journal of the European Communities 16. 6. 90 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) on consultation between airports and airport users 
and on airport charging principles 
COM(90) WO final 
(Submitted by the Commission on 3 April 1990) 
(90/C 147/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 84 (2) 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the efficient operation of an airport determines 
to a large extent the quality of air transport services; 
Whereas it is necessary that aeronautical services and 
facilities provided at airports to aircraft operators and 
passengers are reasonable in quality and range as well as 
cost-effective, taking into account their impact on the 
level of air fares; whereas charges for these services and 
facilities should promote the efficient use of available 
capacity; 
Whereas regular consultations between airport operators 
and representatives of users must take place in order to 
help ensure that airport facilities are used efficiently and 
that aeronautical services at airports are cost-related; 
Whereas in order for such consultations to be effective 
and also to better plan future airport requirements, it is 
necessary that airports and users exchange sufficient 
information to identify and explain any changes in 
airport operations and facilities, charging systems and 
levels of charges; 
Whereas given that various government controls 
(immigration, customs) are exercised at the airports and 
constitute an important element of airport procedures 
necessitating adequate space and coordination within the overall functioning of airports, it is necessary that 
government control services stationed at an airport must 
actively participate in consultations regarding changes in 
the airport's operations, facilities or development plans; 
Whereas to foster the efficient use of airport capacity 
and to permit the access of new entrants to the market 
airports must participate in slot allocation procedures 
and must be informed of proceedings in scheduling 
committees; 
Whereas authorities responsible for more than one 
airport, which constitute a system of interconnected 
airports, must have the option to consult their users on a 
collective basis so as to limit expenditure on consul­
tation; 
Whereas given the need for sufficient administrative and 
financial resources in order to comply with the 
provisions of this Regulation it is confined to operators 
of larger airports, although operators of smaller airports 
should also endeavour to consult representatives of users 
on a regular basis; 
Whereas it is necessary to lay down general principles to 
which the charges for using airports should conform 
since, although many airport activities operate in compe­
tition with other economic enterprises, competition 
between airports is relatively limited; 
Whereas users must not only be charged for the airport 
facilities and services they use, irrespective of the origin 
of the traffic in the Community, but that they must also 
bear their fair share of the cost of providing airport 
facilities and services which are considered essential for 
the efficient, safe and environmentally acceptable func­
tioning of an airport; 
Whereas, in certain cases, in conformity with Articles 92 
et seq. of the EEC Treaty, the level of airport charges 
could be decreased in order to reflect the needs of 
regional policy, when it is a question of linking an 
isolated region to which access is difficult; 
16. 6. 90 Official Journal of the European Communities No C 147/7 
Whereas the financial structure, degree of financial 
autonomy, and ownership of fixed assets of airports in 
the Community vary widely; 
Whereas this Regulation is without prejudice to the 
application of Articles 85, 86, 90 and 92 of the EEC 
Treaty, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation relates on the one hand to consultation 
procedures and the exchange of information between 
airports open to commercial air transport between 
Member States and their users in respect of aeronautical 
activities, and, on the other hand to the principles to 
which the charges for aeronautical services and facilities 
at those airports shall conform. 
Article 2 
For the purposes of this Regulation: 
(a) airport means any airport situated within the 
Community and open to commercial air transport 
between Member States and with a total throughput 
of at least one million passengers per annum; 
(b) aeronautical services and facilities mean services and 
facilities necessary for the flow of aircraft, 
passengers, baggage or freight through an airport ; 
(c) users mean: 
— representative organizations of air carriers, 
— air carriers if they are not represented in such 
organizations; 
— representative organizations of other operators of 
aircraft using the airport, 
— representative organizations of passengers, 
shippers, freight-forwarders and tour operators 
using the airport, where such organizations exist; 
(d) authority means an organization responsible in whole 
or in part for one or more airports and in particular 
for aeronautical services and facilities; 
(e) charges mean the charges levied at airports on 
aircraft, passengers, baggage and freight for the 
provision and use of aeronautical services and 
facilities. 
I. Consultation procedures 
Article 3 
1. The authority shall consult the users of an airport 
for which it is responsible at least every 12 months on 
the financial and operational performance of the airport 
with respect to its aeronautical services and facilities. 2. For the purposes of consultations in accordance 
with paragraph 1, each authority shall make available to 
users on an annual basis information concerning its 
performance which as a minimum shall include the data 
specified in Annex I unless, within the limits of national 
law, the authority and users agree otherwise. 
3. Authorities shall consult users on the application of 
the definitions and parameters of the data to local 
circumstances. 
Article 4 
1. An authority shall consult users which are signifi­
cantly affected by: 
(a) important changes in aeronautical services or 
facilities at the airport, at least four months before 
their introduction; 
or 
(b) substantial development plans for that airport or any 
new airport to be operated by the authority in the 
same region at any time whenever useful during the 
planning stages and at least four months before the 
final decision is taken on important commitments 
concerning the different planning stages. 
2. For the purposes in particular of consultations in 
accordance with paragraph 1 (a), and in order to 
improve the quality of service to users, each authority 
shall furnish and exchange information with users on the 
operational performance of an airport and aeronautical 
services run by airlines or any other undertaking. 
3. Member States shall ensure that control services 
stationed at the airport (e.g. air traffic control, immi­
gration services, customs services) shall participate in 
such consultations. 
•Article 5 
1. An authority shall consult representative organiz­
ations of aircraft operators at least two months before 
the introduction of important changes in the levels of 
charges or the imposition of new charges. 
2. Where the competent governmental authorities in a 
Member State are responsible for approving charges, 
they shall be part of such consultations. When the 
competent governmental authorities in a Member State 
are responsible for establishing charges they shall consult 
the authority and carry out consultation according to 
paragraph 1. 
No C 147/8 Official Journal of the European Communities 16. 6. 90 
3. For the purposes of consultations in accordance 
with paragraph 1, each authority shall provide sufficient 
information to explain any important changes or new 
developments. 
Article 6 
A reasonable period of notice shall be given before any 
consultations take place. 
Article 7 
Aircraft operators using an airport and participating in 
the consultation, or their representative organizations, 
shall make available to each airport authority estimates 
of their future traffic trends, scheduling information, the 
characteristics and numbers of aircraft to be used, special 
facilities which they may require including ground 
handling, fuelling and catering, and other relevant 
material in accordance with Annex II. Aircraft operators 
may require that information supplied by them is treated 
as commercially confidential information. In this case 
they can refer directly to the authorities. 
Article 8 
Authorities shall be entitled to participate in slot allo­
cation procedures for their own airport(s) and shall be 
informed of scheduling conferences where they, and 
their representative organization, may attend as 
observers. 
Article 9 
In the course of consultations all parties involved shall 
seek agreement as far as possible on any issues 
considered, changes proposed and alternative options. 
Where agreement cannot be reached in the course of 
consultations, each authority shall be able to introduce 
the changes in question subject where necessary to the 
appropriate approval. 
Article 10 
Where an authority has the responsibility for more than 
one airport serving the same city and in the case of the 
Balearic Islands and Canary Islands the authority may consult users on a collective basis for all such airports 
under its control, provided that separate information is 
given for each airport with more than one million 
passengers per annum. 
Article 11 
Member States shall encourage authorities responsible 
for airports with less than one million passengers per 
annum to consult users and to provide them with infor­
mation along similar lines. 
II. Charging principles 
Article 12 
1. The charges for aeronautical services and facilities 
shall 
(a) encourage the safe, efficient and economical use of 
airport facilities, while taking into account variations 
over time due to congestion problems; 
(b) be clear, understandable and non-discriminatory; 
(c) be reasonably related to the costs of the facilities and 
services provided which are needed and/or used 
while including a reasonable return on capital and 
taking into account environmental costs; 
(d) take into account revenues produced by commercial 
activities linked to aeronautical activities. 
2. The costs of aeronautical services and facilities shall 
be fully allocated on an equitable basis according to 
sound business and economic principles. However, in the 
case of isolated regions to which access is difficult the 
needs of regional policy can be taken into consideration 
in conformity with the provisions of the EEC Treaty. 
III. Final provision 
Article 13 
This Regulation shall enter into force on 1 July 1990. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
16. 6. 90 Official Journal of the European Communities No C 147/9 
ANNEX I 
INFORMATION ON THE AIRPORTS' PERFORMANCE 
I. Traffic 
Annual statistics (l) on the traffic at each airport shall be provided. These shall include at least the 
following: 
1. Number of passengers: 
(a) international: 
(b) intra Community: 
(c) domestic: 
(d) transit (2): 
Total: 
2. Freight ('000 kg): 
(a) international: 
(b) intra Community: 
(c) domestic: 
(d) transit (2): 
Total: 
3. Aircraft movements: 
(a) international: 
(b) intra Community: 
(c) domestic: 
(d) other: 
Total: 
II. Employment 
Annual statistics on staff directly employed by the authority shall be provided. These statistics shall be 
broken down into permanent and temporary staff and also by function. In addition each authority shall 
endeavour to provide information on staff indirectly employed on airport activities at an airport by other 
agencies including the State. The following table is given for guidance as an example of the statistics 
authorities shall endeavour to provide. 
(') These statistics shall be broken down into scheduled and non-scheduled traffic. 
(2) In addition, authorities shall endeavour to provide a breakdown of passenger and freight transfer traffic. 
No C 147/10 Official Journal of the European Communities 16. 6. 90 
Airport employees 
Number of employees/function 
Customs clearance 
Immigration 
Fire service 
Airport terminal air traffic control 
Meteorological service 
Operations and apron services 
Baggage handling 
Check in 
Car parking 
Catering 
Engineering 
Commercial 
Administration 
Other 
Total directly employed by the authority 
Total indirectly employed (by other agencies 
including State on airport activities at an airport) Directly employed by the 
authority Indirectly employed (e.g. 
by other agencies including 
the State on airport 
activities at an airport) 
Total on site employment 
III. Financial 
Annual accounts, including a balance sheet and a profit and loss account, shall be provided for each 
airport. They shall be sufficient to give a true and fair view of an airport's assets, liabilities, financial 
position and profit or loss. Their layout shall not be changed from one financial year to the next, save in 
exceptional cases. Any such departure must be clearly disclosed, together with an explanation of the 
reasons therefor. 
In the presentation of its revenue for its profit and loss account, each airport shall at least provide the 
following breakdown: 
A. Revenue from aeronautical charges at the airport 
(a) Aircraft landing charges 
(b) Aircraft parking charges 
(c) Passenger charges 
(d) Terminal navigational charges 
(e) Freight charges 
(f) Security charges 
(g) Noise charges 
(h) Other charges e.g. baggage handling 
Total 
16. 6. 90 Official Journal of the European Communities No C 147/11 
B. Non-aeronautical revenue at the airport 
(a) Ground handling services (if provided only by the airport authority or 
by a monopoly concession holder) 
(b) Concessions: 
1. commercial concessions 
2. ground handling 
(c) Rents and services 
(d) Other revenues from concessions 
Total 
C. Total revenue 
ANNEX II 
INFORMATION ON AIRCRAFT OPERATORS' PLANNING OF OPERATIONAL 
PERFORMANCE AT THE AIRPORT 
I. Traffic 
Forecast of next year's traffic trends at the airport as regards: 
1. Number of passengers: 
(a) international: 
(b) intra Community: 
(c) domestic: 
(d) transit: 
2. Freight ('000 kg): 
(a) international: 
(b) intra Community: 
(c) domestic: 
(d) transit: 
3. Aircraft movements: 
(a) international: 
(b) intra Community: 
(c) domestic: 
(d) transit: 
4. Types of aircraft to be used: 
(a) regularly: 
(b) alternatively: 
Additionally, aircraft operators' intentions at the airport on operation expansions concerning passenger and 
freight services (i.e. new routes, frequencies, hubbing) for the next five years planning period. 
No C 147/12 Official Journal of the European Communities 16. 6. 90 
II. Fleet planning 
Estimates of characteristics and numbers of aircraft to be used at the airport during the next 15 years, by 
traffic segments. 
III. Special facilities needed 
1. Terminal facilities (m2): 
(a) for frequent use: 
(b) for eventual use: 
2. Cargo storage facilities (mJ): 
(a) for frequent use: 
(b) for eventual use: 
3. Maintenance facilities (m2): 
(a) for frequent use: 
(b) for eventual use: 
4. Apron space (m2) 
— wide body aircraft 
— normal body aircraft 
(a) for frequent use: 
(b) for eventual use: 
5. Offices (m2): 
6. Car park stands (number): 
IV. Employment 
Number of employees expected to work at the airport for aircraft operator by the end of the following 
year: 
1. permanently: 
2. temporarily: ,