WRITTEN QUESTION E-1450/01

by Alexandros Alavanos (GUE/NGL) to the Commission

(17 May 2001)

Subject: Contract between the Greek Government and the company managing Athens airport

The airport development contract between the Greek Government and the companies building Athens airport contains a clause which states that for twenty years after the opening of the airport, no new or existing airport may be developed, improved or upgraded to a domestic service airport within a radius of 100 kilometres from Syntagma Square in Athens, with the aid of the Greek Government, unless the charges and fees imposed at the domestic service airport are lower than the corresponding charges and fees in force at Athens airport, and the domestic services operating from the airport are provided only by aircraft of 45 tonnes or less maximum gross weight on takeoff.

1. Can the Commission confirm that such a clause exists?

2. Should the Council adopt the amended proposal for a Council Directive on airport charges(1), will the above contractual obligation not be rendered unlawful in that it imposes a system of charges irrespective of the actual costs of the regional airports located 100 kilometres from Athens? Will Article 4(2) of the amended proposal for a directive on airport charges not be rendered redundant? Is the restriction of 45 tonnes on the maximum gross weight of aircraft in service consistent with the amended proposal?

(1) COM(1998) 509.

Answer given by Mrs de Palacio on behalf of the Commission

(7 August 2001)

The Commission can confirm that the clause mentioned in the written question submitted by the Honourable Member is included in Article 3 on Grants of rights and exclusivity (paragraph 3.2.2. referring to domestic traffic) of the Airport Development Agreement (ADA) signed between the Greek Government and the company managing the new Athens International Airport.

As far as airport charges are concerned, in accordance with the general principles of Community law these should be imposed in a transparent, neutral and non-discriminatory way. On the other hand, there are no Community rules regulating the level of airport charges. ICAO (International Civil Aviation Organisation) guidelines recommend that airport charges should be cost-related, and the Commission has been fully supporting this principle since 1998, when it published its White Paper on a phased approach to a common transport infrastructure charging framework in the Union(1). The proposed Directive on airport charges(2) currently pending before the Council reflects these principles.

In the event the proposed amended Council Directive on airport charges (98/C/319/04) is adopted, it would oblige the competent authorities to ensure that the level of airport charges collected is set in a reasonable relation to the overall cost of the services and facilities which these charges are intended to cover. This draft Directive does not contain specific rules in relation to the possibility of airports to restrict operations of aircraft beyond a certain weight.

The Commission will assess the compatibility of the exclusivity clause with the draft Directive once it is adopted.

(1) COM(98) 466 final.

(2) OJ C 319, 16.11.1998.