A4-0088/98

Proposal for a Council Directive on airport charges (COM(97)0154 - C4-0362/97 - 97/0127(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 5

>Original text>

5. Whereas, in addition, the administrative management and the financial situation of the smallest airports do not justify the application of the Community framework;

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5.

Whereas, in addition, the administrative management and the financial situation of small airports do not justify the application of the Community framework;

(Amendment 2)

Recital 7

>Original text>

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;

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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;

(Amendment 3)

Recital 8

>Original text>

8. Whereas, however, within that market, airports are exposed to limited competition;

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8.

Whereas airports, within that market, are exposed to competition to a limited extent, and require appropriate performance assessment measures to ensure that airport charges reflect a cost-effective provision of infrastructure, facilities and services;

(Amendment 4)

Recital 8a (new)

>Original text>

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8a. Whereas airports constitute an important part of infrastructure providing a service of general interest;

(Amendment 5)

Recital 8b (new)

>Original text>

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8b. Whereas, without prejudice to transparency and free competition, a group of airports belonging to the same Member State may be managed under one single administration;

(Amendment 6)

Recital 9

>Original text>

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;

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9.

Whereas, among their various activities, the main task of airports is to provide a quality service for passengers, freight and mail and to handle aircraft from landing to take-off so as to enable users to carry out their air transport business;

(Separate vote)

Recital 18

>Original text>

18. Whereas it is necessary to take appropriate steps to ensure that infringements of Community law carry penalties which are effective, proportionate and dissuasive;

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Deleted

(Amendment 8)

Article 1, 2nd paragraph

>Original text>

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 250 000 passenger movements or 25 000 tonnes of freight.

>Text following EP vote>

It applies to any airport

, airport system or national airport network 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 25 000 tonnes of freight.

(Amendments 9 and 21)

Article 2

>Original text>

For the purposes of this Directive, the following definitions shall apply:

1. 'airport' means any land specially developed for the landing, take-off and manoeuvring of aircraft, including any related facilities it may contain for aircraft traffic and service requirements and the facilities needed to accommodate commercial air services;

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For the purposes of this Directive, the following definitions shall apply:

1. 'airport' means any area of land especially adapted for the landing, take-off and manoeuvring 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;

>Original text>

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;

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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 infrastructure and the coordination and control of the activities of the different operators present in the airport, airport system or national airport network concerned;

>Original text>

3. 'intra-Community air service' means any commercial, scheduled or non-scheduled flight between two Community airports;

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3.

'intra-Community air service' means any commercial, scheduled or non-scheduled flight between two Community airports;

>Original text>

4. 'airport charges' means the sums collected at an airport for the benefit of the management body and paid by the airport's users ensuring the remuneration of facilities and services which, by their nature, can only be provided by the airport and which are related to handling passengers and freight, landing, lighting, parking of aircraft and, where appropriate, the security of passengers as well as the environmental effects of handling aircraft and passengers, excluding any amounts paid for air navigation or meteorological services;

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4.

'airport charges' means the sums collected at an airport for the benefit of the management body and paid by the airport's users ensuring the remuneration of facilities and services which, by their nature, can only be provided by the airport and which are related to handling passengers, freight and mail, landing, lighting, parking of aircraft and, where appropriate, to the use of cargo facilities and to 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; this term may not be extended to cover charges relating to the groundhandling services referred to in Council Directive 96/67/EC;

>Original text>

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;

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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;

>Original text>

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5a. 'national airport network' means a system of airports grouped together at national level and managed as a single entity to promote the economic and social cohesion of the country;

>Original text>

6. 'airport user' means any natural or legal person carrying passengers, mail and/or freight by air from or to the airport concerned.

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6.

'airport user' means any natural or legal person operating commercial aircraft carrying passengers, mail and/or freight by air from or to the airport concerned.

(Amendments 20 and 10)

Article 4(1) and (2)

>Original text>

1. Member 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 the level of such costs, particular account shall be taken of:

>Text following EP vote>

1.

Member States shall ensure that the level of airport charges collected at airports, in the airport systems or national airport networks covered by this Directive is set in a reasonable relation to the overall cost of the services and facilities which these charges are intended to cover. The management body of an airport may take account of all or part of the airport's income that is not derived from airport charges when establishing the total level of its charges. When determining the level of such costs, particular account shall be taken of:

>Original text>

(a) the cost of financing the facilities, 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 administrative permits, where appropriate, have been issued,

>Text following EP vote>

(a)

the cost of financing the facilities, including depreciation in the value of the assets over the life of the assets and the financing of any facilities for which the project and the date of commencement of the works have the express consent of the majority of users and/or their representative bodies through the consultation arrangements under Article 7,

>Original text>

(b) the financial charges,

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(b) other financial costs,

>Original text>

(c) the expenditure on operation and maintenance,

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(c)

the expenditure on operation, renovation and maintenance,

>Original text>

(d) the general administrative charges and various taxes,

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(d)

the general administrative charges and various taxes,

>Original text>

(e) a reasonable return on the capital invested.

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(e)

a reasonable return on the capital invested,

>Original text>

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(ea) specific identifiable external environmental costs due to air traffic, in line with recognized international and European standards.

>Original text>

2. Without prejudice to the application of the 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:

>Text following EP vote>

2.

Without prejudice to the application of the competition rules of the Treaty, in peripheral Member States the airport charges for domestic flights applicable in the major national airport 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:

>Original text>

(a) this financial support comes from revenue other than the airport charges in the major airport; and/or

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(a)

this financial support comes from revenue other than the airport charges in the major airport; and/or

>Original text>

(b) this support comes from airport charges, provided that they are established in conformity with paragraph 1; or

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(b)

this support comes out of the reasonable return on assets achieved at the major airport from airport charges with the proviso that these are established in conformity with paragraph 1; or

>Original text>

(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 300 000 passenger movements or 30 000 tonnes of freight and on condition that the annual traffic of transfer or transit passengers at the major airport represent at least 5 % of the total traffic at that airport.

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(c) traffic on the route to the major airport makes up more than 50% of total passenger or freight traffic at the regional airport.

>Original text>

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2a. Without prejudice to the application of the competition rules of the Treaty, the airport charges applicable on an airport system can be designed, with the prior agreement of users, to encourage traffic to move from the major airport to a neighbouring smaller, less congested airport where the market is deemed to be contiguous.

(Amendment 11)

Article 5(1) and (2)

>Original text>

1. By 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.

>Text following EP vote>

1.

By derogation from Article 4, the airport management bodies covered by this Directive may modulate the charges to reflect specific identifiable external environmental impacts, as well as the costs as set out in Article 4, and the requirements in terms of management of the airport facilities or any changes in demand and use of the airport during a given period.

>Original text>

Member States shall ensure that the modulations are not designed to generate additional revenue for the airport.

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Member States shall ensure that the modulations are not designed to generate additional revenue for the airport

>Original text>

2. The management body may also, as part of its commercial policy,

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2.

The management body may also, as part of its commercial policy, grant discounts in conformity with the provisions of the Treaty.

>Original text>

(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;

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>Original text>

(b) grant discounts in conformity with the provisions of the Treaty.

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(Amendment 12)

Article 6

>Original text>

1. In 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:

>Text following EP vote>

1.

In 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 be provided in a standard format and shall include the following elements:

>Original text>

(a) a clear list of the various services provided by the airport in return for the airport charge levied;

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(a)

a clear list of the various services and infrastructure facilities provided by the airport in return for the airport charge levied;

>Original text>

(b) the method of calculation used by the management body.

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(b)

the method of calculation used by the management body;

>Original text>

2. The management body shall in particular provide airport users or the associations representing them with information concerning:

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>Original text>

(a) the amount of each category of airport charges collected at the airport;

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(c) the amount of each category of airport charges collected at the airport;

>Original text>

(b) the total number of staff deployed to services which give rise to the collection of airport charges,

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(d) the total number of staff deployed by the management body; and

>Original text>

(c) forecasts of the situation at the airport as regards airport charges, traffic growth and any proposed investments.

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(e) forecasts of the situation at the airport as regards airport charges, traffic growth and any proposed investments.

>Original text>

3. Member States shall ensure that airport users submit information to the management body concerning in particular:

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2. Member States shall ensure that airport users submit information to the management body in good time concerning in particular:

>Original text>

(a) forecasts as regards traffic,

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(a)

forecasts as regards traffic,

>Original text>

(b) forecasts as to the composition of their fleet,

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(b)

forecasts as to the composition of their fleet operating at the airport concerned,

>Original text>

(c) their development projects at the airport,

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(c) projects for making changes at the airport,

>Original text>

(d) their requirements at the airport concerned.

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(d)

their requirements at the airport concerned.

(Amendment 13)

Article 7

>Original text>

Consultation

>Text following EP vote>

Consultation, arbitration and legal remedy

>Original text>

1. Member 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 changes.

>Text following EP vote>

1. The management body at each airport covered by this Article shall arrange for consultation with 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.

>Original text>

Such consultation shall be held at least once a year.

>Text following EP vote>

Such consultation shall be held

whenever it is proposed to vary the charges and, at all events, at least once a year.

>Original text>

2. Member States shall take the necessary steps to ensure that an airport informs airport users or the organizations representing them of any decision to change the system or level of airport charges at least two months before the change takes effect.

>Text following EP vote>

2.

Member States shall take the necessary measures to ensure that an airport begins consultation with airport users or representatives of airport users at least four months before it is proposed to change the system or the level of airport charges. Following such consultation, 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.

>Original text>

3. Member 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.

>Text following EP vote>

3. In the event of disagreement over a decision on airport charges, a party may either refer the matter to an independent arbitrator to be designated by each Member State or seek legal redress before a national court or another public authority independent of the management body of the airport concerned and, where appropriate, from the body's supervisory authority. The decision of the arbitrator, court or public authority shall be binding.

(Separate votes)

Article 8

>Original text>

Article 8

Penalties

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.

>Text following EP vote>

Deleted

>Original text>

Member States shall notify the Commission of those provisions before 1 January 2002 and of any subsequent amendment relating thereto as soon as possible.

>Text following EP vote>

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on airport charges (COM(97)0154 - C4-0362/97 - 97/0127(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(97)0154 - 97/0127(SYN) ((OJ C 257, 22.8.1997, p. 2.)),

- having been consulted by the Council pursuant to Articles 189c and 84(2) of the EC Treaty (C4-0362/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0088/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Instructs its President to forward this opinion to the Council and Commission.