Amended proposal for a Council Directive on airport charges
Date: 1998-09-14
Institutions: European Commission
Subjects: air transport, airport, charges for use of infrastructure, liberalisation of the market, provision of services

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  charges(cid:216)(˛)

(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)

(˛)(cid:217)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.(cid:217)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.(cid:217)Whereas  the 

internal  market  comprises  an  area
without  internal  borders  in  which  the  free  movement
of  people,  goods,  services  and  capital  is  guaranteed;

2a.(cid:217)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.(cid:217)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.(cid:217)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.(cid:217)Whereas, 

in 

administrative
management  and 
the
smallest  airports  do  not  justify  the  application  of  the
Community  framework;

financial  situation  of 

addition, 
the 

the 

5.(cid:217)Whereas, 

in 

addition, 

administrative
management  and  the  financial  situation  of  the  small
airports  do  not 
the
Community  framework;

the  application  of 

justify 

the 

6.(cid:217)Whereas,  within  this  market,  there  should  be  no
discrimination  between  intra(cid:220)Community  flights  for
the  provision  of  equivalent  services;

6.(cid:217)Whereas,  within  this  market,  there  should  be  no
discrimination  between  intra(cid:220)Community  flights  for
the  provision  of  equivalent  services;

7.(cid:217)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.(cid:217)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.(cid:217)Whereas,  however,  within  that  market,  airports  are

exposed  to  limited  competition;

to 

8.(cid:217)Whereas,  however,  within  that  market,  airports  are
exposed 
therefore,
require  appropriate  monitoring  measures  with  a  view
to  the  airports  providing  suitable  and  cost(cid:220)effective
services  and  facilities;

limited  competition  and 

9.(cid:217)Whereas,  among  their  various  activities,  the  main
task  of  airports  is  to  ensure  the  handling  of  aircraft
from  landing  to  take(cid:220)off  so  as  to  enable  users  to
carry  out  their  air  transport  business;

9.(cid:217)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(cid:220)off  so  as  to  enable  users  to
carry  out  their  air  transport  business;

10.(cid:217)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.(cid:217)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.(cid:217)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.(cid:217)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.(cid:217)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.(cid:217)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.(cid:217)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.(cid:217)Whereas  the  airport’s  management  body  must  be
able  to  retain  control  of  the  management  and
funding  of  its  facilities;

18.(cid:217)Whereas  it  is  necessary  to  take  appropriate  steps  to
ensure  that  infringements  of  Community  law  carry
penalties  which  are  effective,  proportionate  and
dissuasive;

19.(cid:217)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(cid:220)discrimination,  cost(cid:220)relatedness  and
transparency  as  regards  airport  charges.

The  aim  of  this  Directive  is  to  ensure  compliance  with
the  principles  of  non(cid:220)discrimination,  cost(cid:220)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  250(cid:216)000
passenger  movements  or  25(cid:216)000  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  25(cid:216)000  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  defi(cid:220)
nitions  shall  apply:

For  the  purposes  of  this  Directive,  the  following  defi(cid:220)
nitions  shall  apply:

1.(cid:217)airport  means  any  land  specially  developed  for  the
take(cid:220)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.(cid:217)airport  means  any  area  of  land  especially  adapted  for
the  landing,  take(cid:220)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  infra(cid:220)
structures  and  the  coordination  and  control  of  the
activities  of  the  different  operators  present  in  the
airport,  airport  system  or  airport  network  concerned;

3. intra(cid:220)Community  air  service  means  any  commercial,
two

flight  between 

scheduled  or  non(cid:220)scheduled 
Community  airports;

3. intra(cid:220)Community  air  service  means  any  commercial,
two

flight  between 

scheduled  or  non(cid:220)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.(cid:217)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.(cid:217)airport  network  means  a  system  of  airports  grouped
together  and  managed  as  an  entity  with  the  objective
of  promoting  economic  and  social  cohesion;

6.(cid:217)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

Non(cid:220)discrimination

Member  States  shall  take  the  measures  necessary  to
ensure  that  the  same  level  of  airport  charges  is  applied  at
airports  to  equivalent  intra(cid:220)Community  air  services  in
terms  of  the  aircraft  type  and/or  characteristics,  the
distance  flown  and/or  the  administrative  and  customs
formalities.

Unchanged

Article  4

Cost(cid:220)relatedness

1.(cid:217)(cid:218)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 
level  of  such  costs,
particular  account  shall  be  taken  of:

the 

Unchanged

(a)(cid:217)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  admin(cid:220)
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.(cid:217)(cid:218)Without  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)(cid:217)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  300(cid:216)000  passenger  movements  or  30(cid:216)000
tonnes  of  freight  and  on  condition  that  the  annual
traffic  of  transfer  or  transit  passengers  at  the  major
airport  represent  at  least  5(cid:216)%  of  the  total  traffic  at
that  airport.

3.(cid:217)(cid:218)The  costs  shall  be  determined  using  the  principles
of  accounting  and  evaluation  generally  accepted  in  each
of  the  Member  States.

Article  5

Modulations

1.(cid:217)(cid:218)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.

Unchanged

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

2.(cid:217)(cid:218)The  management  body  may  also,  as  part  of  its
commercial  policy,

(a)(cid:217)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.(cid:217)(cid:218)Any  modulation  in  the  level  of  the  airport  charges
shall  be  applied  in  a  transparent  and  non(cid:220)discriminatory
manner.

C  319/10

EN

Official  Journal  of  the  European  Communities

16.10.98

ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

Article  6

Transparency

1.(cid:217)(cid:218)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:

(a)(cid:217)a  clear  list  of  the  various  services  provided  by  the
airport  in  return  for  the  airport  charge  levied;  and

Unchanged

(a)(cid:217)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.(cid:217)(cid:218)The  management  body  shall  in  particular  provide
airport  users  or  the  associations  representing  them  with
information  concerning:

body.

(Deleted)

(a)(cid:217)the  amount  of  each  category  of  airport  charge

(c)(cid:217)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.(cid:217)(cid:218)Member  States  shall  ensure 
submit  information  to  the  management  body  concerning
in  particular:

that  airport  users
2.(cid:217)(cid:218)Member  States  shall  ensure 
submit  information  to  the  management  body  concerning
in  particular:

(a)(cid:217)forecasts  as  regards  traffic,

(a)(cid:217)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.(cid:217)(cid:218)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  charges.

1.(cid:217)(cid:218)The  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.(cid:217)(cid:218)Member  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  moni(cid:220)
toring  of  costs  of  infrastructure  possible  and  with  the
view  to  provide  suitable  and  cost(cid:220)effective  facilities  at  the
airport  concerned.

that 

2.(cid:218)(cid:217)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.(cid:217)(cid:217)(cid:217)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  consul(cid:220)
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.(cid:217)(cid:218)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.

3.(cid:217)(cid:218)In  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.(cid:217)(cid:218)Member  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  accom(cid:220)
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.(cid:217)(cid:218)Member 
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.(cid:217)(cid:218)The  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.(cid:217)(cid:218)Member  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