Commission Regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for air navigation services   (Text with EEA relevance)
Date: 2006-12-06
Institutions: European Commission
Subjects: air freight rate, air space, air traffic, common transport policy, provision of services

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COMMISSION REGULATION (EC) No 1794/2006

of 6 December 2006

laying down a common charging scheme for air navigation services

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 550/2004 of the European
Parliament and of
the Council of 10 March 2004 on the
provision of air navigation services in the single European
sky (the service provision Regulation) (1), and in particular
Article 15(4) thereof,

Having regard to Regulation (EC) No 549/2004 of the European
Parliament and of the Council of 10 March 2004 laying down
the framework for the creation of the single European sky (the
framework Regulation) (2), and in particular Article 8(2) thereof,

Whereas:

(1)

(2)

(3)

The Commission is required to establish a common
charging scheme for air navigation services throughout
the Community. A Regulation with direct application is
the most suitable instrument for this purpose in order to
guarantee uniform application of the common charging
scheme in the single European sky.

Eurocontrol has been mandated in accordance with
Article 8(1) of the framework Regulation to assist the
Commission in the development of implementing rules
on a common charging scheme for air navigation
services. This Regulation is based on the resulting
mandate report of 29 October 2004.

The development of a common charging scheme for air
navigation services provided during all phases of flight is
of the utmost importance for the implementation of the
single European sky. The system should contribute to the
achievement of greater transparency with respect to the
determination, imposition and enforcement of charges to
airspace users. The system should also encourage the
safe, efficient and effective provision of air navigation
services to the users of air navigation services that
finance the system and stimulate integrated service
provision.

(4)

In accordance with the overall objective of improving the
cost efficiency of air navigation services, the charging
scheme should promote the enhancement of cost and
operational efficiencies.

(6)

(7)

(8)

(9)

(10)

(11)

in particular,

In order to provide access for passengers to the air
to small and
transport network and,
medium sized airports as well as to larger airports at
an acceptable cost, Member States should be able to
apply the same unit rate for terminal services charges
at all airports served by the same air traffic service
provider, or in several groups of such airports, as the
case may be,
the total costs of
terminal services.

to cover

in order

The common charging scheme should be consistent with
Article 15 of the 1944 ICAO Chicago Convention on
International Civil Aviation.

Since the majority of Member States are parties to the
Eurocontrol Multilateral Agreement for route charges of
12 February 1981 and the Community has signed the
revised
protocol of
accession to the Eurocontrol
the rules developed in this Regulation
Convention,
should be
consistent with the Eurocontrol Route
Charges System.

air

traffic

taking into account

The charging scheme should allow the optimum use of
airspace,
in
particular within functional airspace blocks as established
in accordance with Article 5 of Regulation (EC) No
551/2004 of
the
Council of 10 March 2004 on the organisation and
use of
the airspace in the single European sky (the
airspace Regulation) (3).

the European Parliament and of

flows,

According to the Statement attached to the airspace
Regulation (4),
the Commission will draft a report by
functional
2008 on experience in the creation of
airspace blocks. At
the Commission will
assess the difficulties that may arise from maintaining
separate unit rates within a functional airspace block.

time,

that

It is necessary to establish requirements for complete and
transparent information on the cost base to be made
available in due time to airspace users’ representatives
and the competent authorities.

The level of charges imposed in particular on light
aircraft should not discourage the use of facilities and
services necessary for safety or the introduction of new
techniques and procedures.

(1) OJ L 96, 31.3.2004, p. 10.
(2) OJ L 96, 31.3.2004, p. 1.

(3) OJ L 96, 31.3.2004, p. 20.
(4) OJ L 96, 31.3.2004, p. 25.

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(12)

The charging formula for terminal air navigation services
should reflect the different nature of those services as
compared to en route air navigation services.

(13) Member States should be able to set their unit rates
collectively,
in particular when charging zones extend
across the airspace of more than one Member State or
when they are parties to a joint route charges system.

(14)

(15)

(16)

(17)

In order to improve the efficiency of the charging scheme
and to reduce
and accounting
workload, Member States should be able to collect en
route charges collectively within a joint route charges
system through a single charge per flight.

administrative

the

It is important to reinforce the legal means necessary to
ensure the prompt and full payment of air navigation
charges by users of air navigation services.

Charges to be imposed on airspace users should be estab-
lished and applied in a fair and transparent manner, after
consultation of users. Such charges should be reviewed
on a regular basis.

The measures provided for in this Regulation are in
accordance with the opinion of
Sky
Committee,

Single

the

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

This Regulation lays down the necessary measures for the
1.
development of a charging scheme for air navigation services
which is consistent with the Eurocontrol Route Charges System.

air

traffic

This Regulation shall apply to air navigation services
2.
provided by
service providers designated in
accordance with Article 8 of Regulation (EC) No 550/2004
if designated in
and by providers of meteorological services,
for general
accordance with Article 9(1) of that Regulation,
air
regions where
traffic within the ICAO EUR and AFI
Member States are responsible for the provision of air navi-
gation services.

4. Member States may apply this Regulation to providers of
air navigation services which have received permission to
provide
in
accordance with Article 7(5) of the service provision Regulation.

air navigation services without

certification,

5. Member States may decide not to apply this Regulation to
air navigation services provided at airports with less than
year,
50 000 commercial
regardless of the maximum take-off mass and the number of
passenger seats, movements being counted as the sum of take-
offs and landings and calculated as an average over the previous
three years.

transport movements per

air

Member States
inform the Commission thereof. The
Commission will publish periodically an updated list of
exempted airports.

shall

6. Without prejudice to the application of
the principles
referred to in Articles 14 and 15 of the service provision Regu-
lation, Member States may decide not
to calculate terminal
charges as stipulated in Article 11 of this Regulation and not
to set terminal unit rates as referred to in Article 13 of this
Regulation in respect of air navigation services provided at
aerodromes with less than 150 000 commercial air transport
movements per year, regardless of the maximum take-off mass
and the number of passenger seats, movements being counted
as the sum of
take-offs and landings and calculated as an
average over the previous three years.

Before taking that decision, Member States shall carry out an
assessment of the extent to which the conditions laid down in
Annex I including consultation with airspace users’ represen-
tatives are met.

The final assessment as to whether the conditions are met and
the decision of
the Member State shall be published and
communicated to the Commission, giving full reasoning for
the Member State's conclusions, including the outcome of the
consultation with users.

Article 2

Definitions

For the purpose of this Regulation, the definitions in Article 2
of the framework Regulation shall apply.

In addition the following definitions shall apply:

3. Member States may apply this Regulation to air navigation
services provided in airspace under their responsibility within
other
they inform the
ICAO regions, on condition that
Commission and the other Member States thereof.

(a)

‘user of air navigation services’ means the operator of the
aircraft at the time when the flight was performed or, if the
identity of the operator is not known, the owner of the
aircraft, unless he proves that another person was the
operator at that time;

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(b) ‘airspace users’ representative’ means any legal person or
entity representing the interests of one or several categories
of users of air navigation services;

The charging zones

shall be defined in a manner
2.
consistent with air traffic control operations and services, after
consultation of airspace users’ representatives.

(c)

‘IFR’ means Instrument Flight Rules, as defined in Annex 2
of
the 1944 Chicago Convention on International Civil
Aviation (Tenth Edition — July 2005);

(d) ‘VFR’ means Visual Flight Rules, as defined in Annex 2 of
the 1944 Chicago Convention on International Civil
Aviation (Tenth Edition — July 2005);

(e)

‘en route charging zone’ means a volume of airspace for
which a single cost base and a single unit rate are estab-
lished;

(f)

‘terminal charging zone’ means an airport or a group of
airports for which a single cost base and a single unit rate
are established;

(g)

‘commercial air
involving the transport of passengers, cargo or mail
remuneration or hire.

transport’ means any aircraft operation
for

Article 3

Principles of the charging scheme

1.
The charging scheme shall reflect the costs incurred either
directly or indirectly in the provision of air navigation services.

2.
The costs of en route services shall be financed by means
of en route charges imposed on the users of air navigation
services.

3.
The costs of terminal services shall be financed by means
of terminal charges imposed on the users of air navigation
services and/or other
including cross-subsidies in
revenues,
accordance with Community law.

4.
Paragraphs 2 and 3 shall be without prejudice to the
financing of exemptions of certain users of air navigation
services through other sources of funding in accordance with
Article 9.

3.
An en route charging zone shall extend from the ground
up to, and including, upper airspace without prejudice to the
possibility for a Member State to establish a specific zone for a
complex terminal area after consultation with airspace users’
representatives.

4.
If charging zones extend across the airspace of more than
one Member State, the Member States concerned shall make the
appropriate arrangements to ensure consistency and uniformity
in the application of this Regulation to the airspace concerned.
They shall notify the Commission and Eurocontrol thereof.

CHAPTER II

THE COSTS OF AIR NAVIGATION SERVICE PROVISION

Article 5

Eligible services, facilities and activities

Air navigation service providers referred to in Article 1(2)
1.
and (4) shall establish the costs incurred in the provision of air
navigation services in relation to the facilities and services
provided for and implemented under the ICAO Regional Air
Navigation Plan, European Region, in the charging zones under
their responsibility.

Those costs shall
training,
studies, tests and trials as well as research and development
allocated to these services.

include administrative overheads,

2. Member States may establish the following costs when
they are incurred in relation with the provision of air navigation
services:

(a)

the costs incurred by the relevant national authorities;

(b) the costs

incurred by the recognised organisations, as
referred to in Article 3 of the service provision Regulation;

5.
The charging scheme shall provide transparency and
consultation on the cost bases and on the allocation of the
costs among different services.

(c)

the costs stemming from international agreements.

Article 4

Establishment of charging zones

1. Member States
in the
airspace falling under their responsibility where air navigation
services are provided to airspace users.

shall establish charging zones

3. Without prejudice to other sources of funding, and with a
view to a high level of safety, cost efficiency and service
provision, the charges may be used to provide funding for
projects designed to assist specific categories of airspace users
and/or air navigation service providers in order to improve
collective air navigation infrastructures,
the provision of air
navigation services and the use of airspace in accordance with
Community law.

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Article 6

Calculation of costs

1.
The costs of eligible services, facilities and activities within
the meaning of Article 5 shall be established in such a manner
as to be consistent with the accounts referred to in Article 12 of
the service provision Regulation for the period from 1 January
to 31 December. However, the non-recurring effects resulting
from the introduction of International Accounting Standards
may be spread over a period not exceeding 15 years.

For the purposes of paragraph 2, fifth subparagraph, the
3.
weight factors shall be based on the proportion of the financing
through either debt or equity. The interest rate on debts shall be
equal to the average interest rate on debts of the air navigation
service provider. The return on equity shall take into account
the financial risk of the air navigation service provider taking
the national bond rate as a guide. When the air navigation
service provider is subject to an incentive scheme as referred
to in Article 12(2), an additional premium may be added to
risk
ensure adequate consideration of
assumed by this provider.

the specific financial

2.
The costs referred to in paragraph 1 shall be broken down
into staff costs, other operating costs, depreciation costs, cost of
capital and exceptional
items including non-recoverable taxes
and custom duties paid, and all other related costs.

When the assets do not belong to the air navigation service
provider, but are included in the calculation of the cost of
capital, Member States shall ensure that
these
assets are not recovered twice.

the costs of

Staff costs shall
include gross remuneration, payments for
overtime, employers’ contributions to social security schemes
as well as pension costs and other benefits.

Article 7

Allocation of costs

Other operating costs shall include costs incurred through the
purchase of goods and services used to provide air navigation
services,
in particular outsourced services such as communi-
cation, external staff such as consultants, material, energy,
utilities, rental of buildings, equipment and facilities, main-
tenance,
insurance costs and travel expenses. Where an air
traffic service provider purchases other air navigation services,
the service provider shall
include the actual expenditure for
those services in its other operating costs.

relate to the total

in accordance with their

Depreciation costs shall
fixed assets in
operation for air navigation services purposes. Fixed assets
shall be depreciated,
expected
operating life, using the straight-line method applied to the
historic costs of the assets being depreciated. When the assets
belong to an air navigation service provider which is subject to
an incentive scheme as referred to in Article 12(2), current cost
accounting may be applied instead of historic cost accounting
for the calculation of depreciation. The method shall remain
constant during the duration of the depreciation.

Cost of capital shall be equal to the product of:

(a)

the sum of the average net book value of fixed assets used
by the air navigation service provider in operation or under
construction and of the average value of the net current
assets that are required for the provision of air navigation
services; and

(b) the weighted average of the interest rate on debts and of the

return on equity.

Exceptional items shall be non-recurring costs in relation to the
provision of air navigation services that have occurred in the
year.

The costs of eligible services, facilities and activities within
1.
the meaning of Article 5 shall be allocated in a transparent way
to the charging zones in respect of which they are actually
incurred.

Where costs are incurred across different charging zones, they
shall be allocated in a proportional way on the basis of a
transparent methodology as required in Article 8.

The cost of terminal services shall relate to the following

2.
services:

(a) aerodrome control services, aerodrome flight information
services including air traffic advisory services, and alerting
services;

(b) air traffic services related to the approach and departure of
aircraft within a certain distance of an airport on the basis
of operational requirements;

(c) an appropriate allocation of all other air navigation services
components, reflecting a proportionate attribution between
en route and terminal services.

The cost of en route services shall relate to the costs
the costs

3.
referred to in paragraph 1 to the exclusion of
referred to in paragraph 2.

the air navigation service provider

If exemptions are granted to VFR flights in accordance
4.
shall
with Article 9,
identify the costs of air navigation services provided to VFR
flights separately from the costs provided to IFR flights. These
costs may be established through a marginalcost methodology
taking into account the benefits to IFR flights stemming from
the services granted to VFR flights.

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Article 8

Transparency of the cost base

and/or

1. Without prejudice to Article 18 of the service provision
air navigation service
Regulation, Member States
providers shall organise an exchange of information on cost
bases, planned investments and expected traffic with airspace
users’ representatives if the latter so request. Subsequently, they
shall make their respective costs established in accordance with
Article 5 available in a transparent manner to airspace users’
representatives, the Commission and, where applicable Euro-
control at least on an annual basis.

2.
The information referred to in paragraph 1 shall be based
on the reporting tables and detailed rules set out in Annex II or,
where a Member State has taken the decision referred to in
it is
Article 1(6), or has indicated to the Commission that
considering taking such a decision, in Annex III part 1.

flight crew, where this is substantiated by an appropriate
remark on the flight plan; flights must be performed solely
within the airspace of the Member State concerned; flights
must not serve for the transport of passengers and/or cargo,
nor for positioning or ferrying of the aircraft;

(c)

flights performed exclusively for the purpose of checking or
testing equipment used or intended to be used as ground
aids to air navigation, excluding positioning flights by the
aircraft concerned;

(d) flights terminating at the airport from which the aircraft has
taken off and during which no intermediate landing has
been made;

(e) VFR flights;

CHAPTER III

(f) humanitarian

flights

authorised

by

the

appropriate

competent body;

THE FINANCING OF AIR NAVIGATION SERVICE PROVISION
THROUGH AIR NAVIGATION CHARGES

Article 9

(g) customs and police flights.

Exemptions from air navigation charges

1. Member States shall exempt from en route charges:

3. Member States may exempt from terminal charges the
flights referred to in paragraph 1 and 2.

(a)

flights performed by aircraft of which the maximum take-
off weight authorised is less than two metric tons;

The costs incurred for exempted flights shall not be taken

4.
into account for the calculation of the unit rates.

(b) mixed VFR/IFR flights in the charging zones where they are
performed exclusively under VFR and where a charge is not
levied for VFR flights;

These costs shall be composed of:

(c)

flights performed exclusively for the transport, on official
mission, of the reigning Monarch and his immediate family,
Heads of State, Heads of Government, and Government
Ministers;
in all cases, this must be substantiated by the
appropriate status indicator on the flight plan;

(d) search and rescue flights authorised by the appropriate

competent body.

2. Member States may exempt from en route charges:

(a) military flights performed by military aircraft of any

country;

(b) training flights performed exclusively for the purpose of
obtaining a licence, or a rating in the case of cockpit

(a)

the costs of exempted VFR flights as identified in Article
7(4); and

(b) the costs of exempted IFR flights, which shall be calculated
as the product of the costs incurred for IFR flights and the
proportion of the number of exempted service units and the
total number of service units; the costs incurred for IFR
flights shall be equal to the total costs less the costs of
VFR flights.

Member States shall ensure that air navigation service providers
are reimbursed for the services they provide to exempted flights.

Article 10

Calculation of en route charges

1.
The en route charge for a specific flight in a specific en
route charging zone shall be equal to the product of the unit
rate established for this en route charging zone and the en route
service units for this flight.

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2. Without prejudice to the implementation by a Member
State of an incentive scheme with regard to air navigation
service providers in accordance with Article 12(2),
the unit
rate in the en route charging zone shall be calculated by
dividing the forecast number of chargeable en route service
units for the relevant year into the forecast costs for air navi-
gation services. The forecast costs shall
include the balance
resulting from over or under recovery of previous years.

The

3.
accordance with Annex IV.

en route

service units

shall be

calculated in

Article 11

Calculation of terminal charges

air navigation services

1. Without prejudice to the possibility under Article 3 of
financing terminal
through other
sources of funding, the terminal charge for a specific flight in
a specific terminal charging zone shall be equal to the product
of the unit rate established for this terminal charging zone and
the terminal service units for this flight.

2. Without prejudice to the implementation by a Member
State of an incentive scheme with regard to air navigation
service providers in accordance with Article 12(2),
the unit
rate in the terminal charging zone shall be calculated by
dividing the forecast number of chargeable terminal service
units for the relevant year into the forecast costs for air navi-
gation services. The forecast costs shall
include the balance
resulting from over or under recovery of previous years.

The

3.
accordance with Annex V.

terminal

service units

shall be

calculated in

Article 12

Incentive schemes

approve

incentive
1. Member States may establish or
financial advantages or disadvantages
schemes consisting of
to
applied on a non-discriminatory and transparent basis
support
in the provision of air navigation
services resulting in a different calculation of charges as set
out in paragraphs 2 and 3. These incentives may apply to air
navigation service providers and/or airspace users.

improvements

2. When a Member State decides to apply an incentive
scheme on air navigation service providers, it shall, following
the consultation referred to in Article 15, set in advance the
conditions for determining the maximum level of the unit rate
or of the revenue for each year over a period not exceeding five
years. These conditions shall be set with reference to the
projected level of costs (including the cost of capital) over the
period and may also stipulate financial modulations (either
above or below the expected costs) based on particular
the air navigation service providers’ performance
aspects of
the
which may

efficiency,

include

service,

quality

of

performance of particular projects, milestones or competencies
or a level of cooperation with other air navigation service
providers in view of taking into account network effects.

3. When a Member State decides to apply an incentive
scheme, including night-time modulations,
in respect of users
of air navigation services,
it shall, following the consultation
referred to in Article 15, modulate charges incurred by them
in order to reflect efforts made by these users to optimise the
use of air navigation services, to reduce the overall costs of
these services and to increase their efficiency, in particular by
decreasing charges according to airborne
that
increases
inconvenience of
capacity or
choosing less congested routings.

to offsetting the

equipment

The incentive scheme shall be limited in time, scope and
amount. The estimated savings generated by the operational
efficiency improvements shall at least offset the cost of the
incentives within a reasonable time frame. The scheme shall
be subject to regular review involving airspace users’ represen-
tatives.

4. Member States which have established or approved
incentive schemes shall monitor the proper implementation
by air navigation service providers of these incentive schemes.

Article 13

Setting of unit rates for charging zones

1. Member States shall ensure that unit rates are set for each
charging zone on an annual basis. They may also ensure that
unit rates are set in advance for each year of a period not
exceeding five years.

In case of unexpected major changes of traffic or costs,

2.
unit rates may be amended during the course of the year.

3. Member States shall
control, where appropriate, of
charging zone.

inform the Commission and Euro-
for each

rates set

the unit

Article 14

Collection of charges

1. Member States may collect charges through a single
charge per flight.

Users of air navigation services shall promptly and fully

2.
pay all air navigation charges.

3. Member States shall ensure that effective enforcement
measures are applied. These measures may include the denial
of services, detention of aircraft or other enforcement measures
in accordance with applicable law.

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Article 15

Transparency of the charging mechanism

1. Member States shall ensure that airspace users’ represen-
tatives are consulted on the charging policy on a regular basis.
To this end, they shall provide them with the necessary infor-
mation on their charging mechanism as set out in Annex VI, or
where a Member State has taken the decision referred to in
in
Article 1(6), with the necessary information as set out
Annex III, part 2, and shall organise an effective and transparent
consultation hearing to present this information as well as the
information referred to in Article 8, in the presence of the air
navigation service providers involved.

2. Without prejudice to Article 18 of the service provision
Regulation,
the
disposal of airspace users’
the Commission,
Eurocontrol and national supervisory authorities three weeks
before the consultation hearing.

the relevant documentation shall be put at
representatives,

CHAPTER IV

FINAL PROVISIONS

Article 16

Appeal

(a)

to examine the relevant accounting documents, asset books,
inventories and any other material relevant to the estab-
lishment of air navigation charges;

(b) to take copies of or extracts from such documents;

(c)

to ask for oral explanations on site;

(d) to enter relevant premises, lands or means of transport.

Such inspections and surveys shall be carried out in compliance
with the procedures in force in the Member State in which they
are to be undertaken.

Article 18

Entry into force

This Regulation shall enter into force on the seventh day
Journal of the

1.
following that of its publication in the Official
European Union.

2.

This Regulation shall apply from 1 January 2007.

Member States shall ensure that decisions taken pursuant to this
Regulation are properly reasoned and are subject to an effective
review and/or appeal procedure.

However, Member States may defer the application of Articles
9, 10, 12, 13 and 14 in respect of en route charges until
1 January 2008.

Article 17

Facilitation of compliance monitoring

Member States may defer the application of Article 9 and
Articles 11 to 15 in respect of
charges until
1 January 2010.

terminal

Air navigation service providers shall facilitate inspections and
surveys by the national supervisory authority or by a recognised
organisation acting on the latter’s behalf,
including site visits.
The persons authorised by those bodies shall be empowered:

If Member States decide to defer application in accordance with
the second and third subparagraphs,
they shall notify the
Commission thereof.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 December 2006.

For the Commission

Jacques BARROT
Vice-President

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ANNEX I

ASSESSMENT OF THE CONDITIONS FOR THE PROVISION OF AIR NAVIGATION SERVICES AT AIRPORTS
FALLING WITHIN ARTICLE 1(6)

The conditions to be assessed under Article 1(6) are the following:

1. The extent to which air navigation service providers can freely offer to provide or withdraw from the provision of air

navigation services at airports:

— the existence or otherwise of any significant economic barriers that would prevent an air navigation service

provider from offering to provide or withdrawing from the provision of air navigation services,

— the existence or otherwise of any significant legal barriers that would prevent an air navigation service provider

from offering to provide or withdrawing from the provision of air navigation services,

— the length of contract duration,

— the existence of a procedure allowing assets and staff to be transferred from one air navigation service provider to

another.

2. The extent to which airports can freely determine who will provide their air navigation services, including the option

to self-supply:

— the ability or otherwise of airports to move towards self-supply of air navigation services,

— the existence or otherwise of legal, contractual or practical barriers to an airport’s ability to change air navigation

service provider,

— the role of airspace users’ representatives in the selection process of the air navigation service provider.

3. The extent to which there is a range of air navigation service providers from which airports can choose:

— the existence or otherwise of structural rigidity which restricts the effective choice of the air navigation services for

airports,

— evidence of alternative air navigation service providers, including the option of self-supply that provides choice in

the selection of air navigation services by airports.

4. The extent to which airports are subject to commercial cost pressures or incentive-based regulation:

— whether airports actively compete for airline business,

— the extent to which airports bear the air navigation service charge,

— whether airports operate in a competitive environment or under economic incentives designed to cap prices or

otherwise incentivise cost reductions.

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ANNEX II

TRANSPARENCY OF THE COST BASE

1. REPORTING TABLE

Member States and air navigation service providers shall fill the following reporting table for each charging zone under
their responsibility.

The figures shall be actual figures for year (n – 3) until year (n – 1) and planned figures for year (n) onwards. Actual
costs shall be established on the basis of the certified accounts. Planned costs shall be established in accordance with
the business plan required by the certificate referred to in Article 7 of the service provision Regulation.

Costs shall be established in national currency.

Table 1

Total costs

(n – 3)
A

(n – 2)
A

(n – 1)
A

(n)
F

(n + 1)
F

(n + 2)
P

(n + 3)
P

(n + 4)
P

(n + 5)
P

Organisation:

Charging zone:

Year n:

Detail by nature

Staff

Other operating costs

Depreciation

Cost of capital

Exceptional items

Total costs

Detail by services

Air traffic management

Communication

Navigation

Surveillance

Search and rescue

Aeronautical information

Meteorological services

Supervision costs

Other State costs

Total costs

(n – 3)
A

(n – 2)
A

(n – 1)
A

(n)
F

(n + 1)
F

(n + 2)
P

(n + 3)
P

(n + 4)
P

(n + 5)
P

Complementary information on the exchange rate of the national currency with the euro

Exchange rate (1 EUR =)

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7.12.2006

Complementary information on the cost of capital

(n – 3)
A

(n – 2)
A

(n – 1)
A

(n)
F

(n + 1)
F

(n + 2)
P

(n + 3)
P

(n + 4)
P

(n + 5)
P

Average operating capital

Of which, average long term
assets

Cost of capital before tax (%)

Return on equity (%)

Average interest on debts (%)

2. ADDITIONAL INFORMATION

In addition, Member States and air navigation service providers shall provide at least the following information:

— description of the methodology used for allocating costs of facilities or services between different air navigation
services based on the list of facilities and services listed in ICAO Regional Air Navigation Plan, European Region
(Doc 7754) and a description of the methodology used for allocating those costs between different charging zones,

— description and explanation of the differences between planned and actual figures for year (n – 1),

— description and explanation of the five-year planned costs based on the business plan,

— description of the costs incurred by Member States (Other State costs),

— description and explanation of the method adopted for the calculation of depreciation costs: historic costs or

current costs. When current cost accounting is adopted, provision of comparable historic cost data,

— justification for the cost of capital, including the components of the asset base,

— description of the cost for each airport for each terminal charging zone; for aerodromes with less than 20 000
commercial air transport movements per year being calculated as the average over the previous three years, costs
may be presented in an aggregated way per aerodrome,

— breakdown of the meteorological costs between direct costs and ‘MET core costs’ defined as the costs of supporting
meteorological facilities and services that also serve meteorological requirements in general. These include general
analysis and forecasting, weather radar and satellite observations, surface and upper-air observation networks,
meteorological communication systems, data-processing centres and supporting core research, training and admin-
istration,

— description of the methodology used for allocating total MET costs and MET core costs to civil aviation and

between charging zones.

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L 341/13

ANNEX III

SPECIFIC TRANSPARENCY REQUIREMENTS FOR THE PROVISION OF AIR NAVIGATION SERVICES AT
AIRPORTS FALLING WITHIN ARTICLE 1(6)

1.

THE COSTS OF AIR NAVIGATION SERVICES

1.1. Reporting table

Air navigation service providers shall fill the following reporting table for each terminal charging zone under their
responsibility.

The figures shall be actual figures for year (n – 3) until year (n – 1) and planned figures for year (n) onwards. Actual
costs shall be established on the basis of the certified accounts. Planned costs shall be established in accordance with
the business plan required by the certificate.

Costs shall be established in National currency.

Table 1

Total costs

(n – 3)
A

(n – 2)
A

(n – 1)
A

(n)
F

(n + 1)
F

(n + 2)
P

(n + 3)
P

(n + 4)
P

(n + 5)
P

Organisation:

Charging zone:

Year n:

Detail by nature

Staff

Other operating costs

Depreciation

Cost of capital

Exceptional items

Total costs

1.2. Additional information

In addition, air navigation service providers shall provide at least the following information:

— description of the methodology used for allocating costs of facilities or services between different air navigation
services based on the list of facilities and services listed in ICAO Regional Air Navigation Plan, European Region
(Doc 7754),

— description and explanation of the differences between planned and actual non-confidential figures for year

(n – 1),

— description and explanation of non-confidential five-year planned costs and investments in relation to expected

traffic,

— description and explanation of the method adopted for the calculation of depreciation costs: historic costs or

current costs,

— explanation for the cost of capital.

2.

THE FINANCING OF AIR NAVIGATION SERVICES

Air navigation service providers shall provide the following information for each terminal charging zone:

— description of the way(s) by which the costs of air navigation services are financed.

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Official Journal of the European Union

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ANNEX IV

CALCULATION OF THE ENROUTE SERVICE UNITS

1. The enroute service unit shall be calculated as the multiplication of the distance factor and the weight factor for the

aircraft concerned.

2. The distance factor shall be obtained by dividing by one hundred the number of kilometres flown in the great circle
distance between the entry and the exit point of the charging zones, according to the latest known flight plan filed by
the aircraft concerned for air traffic flow purposes.

3. If the exit and entry point of one flight are identical in a charging zone, the distance factor shall be equal to the

distance in the great circle distance between these points and the most distant point of the flight plan.

4. The distance to be taken into account shall be reduced by 20 kilometres for each take-off from and for each landing

on the territory of a Member State.

5. The weight factor, expressed as a figure taken to two decimal places, shall be the square root of the quotient obtained
by dividing by fifty the number of metric tons in the maximum certificated take-off weight of the aircraft as shown in
the certificate of airworthiness or any equivalent official document provided by the aircraft operator. Where this weight
is unknown, the weight of the heaviest aircraft of the same type known to exist shall be used. Where an aircraft as
multiple certificated maximum take-off weights, the maximum one shall be used. Where an aircraft operator operates
two or more aircraft which are different versions of the same type, the average of the maximum take-off weights of all
his aircraft of that type shall be used for each aircraft of that type. The calculation of the weight factor per aircraft type
and per operator shall be effected at least once a year.

ANNEX V

CALCULATION OF THE TERMINAL SERVICE UNITS

1. The terminal service unit shall be equal to the weight factor for the aircraft concerned.

2. The weight factor, expressed as a figure taken to two decimal places, shall be the quotient, obtained by dividing by fifty
the number of metric tons in the highest maximum certified take-off weight of the aircraft, referred to in Annex IV,
paragraph 5, to the power of 0,7. However, in a transitional period of five years following the calculation of the first
terminal unit rate under this Regulation, this exponent shall be comprised between 0,5 and 0,9.

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Official Journal of the European Union

L 341/15

ANNEX VI

CHARGING MECHANISM

1. REPORTING TABLE

Member States shall fill the following reporting table for each charging zone under their responsibility. Member States
shall also provide a consolidated Table 1 for each charging zone under their responsibility. When a charging zone
extends across the airspace of more than one Member State, they shall fill the table jointly in accordance with the
arrangements referred to in Article 4(4).

The figures shall be actual figures for year (n – 3) until year (n – 1) and planned figures for year (n) onwards. The ‘Total
costs’ shall be established as the sum of all total costs presented in Table 1 which are allocated to this charging zone.

Table 2

Unit rate calculation

(n – 3)
A

(n – 2)
A

(n – 1)
A

(n)
F

(n + 1)
F

(n + 2)
P

(n + 3)
P

(n + 4)
P

(n + 5)
P

Organisation(s):

Charging zone:

Year n:

Unit rate (in euro)

Total costs (1)

Costs of exempted flights

Amounts carried over to year (n)

Income from other sources

Chargeable costs

Total service units

Chargeable service units

Unit rate (2)

(1) As the sum of all total costs presented in Table 1 which are allocated to this charging zone (when certain air navigation services are

outsourced, the cost to be taken into account shall be the cost of the annual expenditure).

(2) Unit Rate = Chargeable cost/Chargeable service units.

(n – 3)
A

(n – 2)
A

(n – 1)
A

(n)
F

(n + 1)
F

(n + 2)
P

(n + 3)
P

(n + 4)
P

(n + 5)
P

Unit rate (in national currency)

Exchange rate (1 EUR =)

Unit rate

Balance to be carried over (in national currency)

(n – 3)
A

(n – 2)
A

(n – 1)
A

(n)
F

(n + 1)
F

(n + 2)
P

(n + 3)
P

(n + 4)
P

(n + 5)
P

Charges billed to users

Actual total costs

Income from other sources

Actual costs of exempted flights

Amounts carried over to year (n)

Balance of year (n)

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2. ADDITIONAL INFORMATION

In addition, the Member States concerned shall collect and provide at least the following information:

— description and rationale for the establishment of the different charging zones, in particular with regard to terminal

charging zones and potential cross-subsidies between airports,

— description and explanation on the calculation of the forecast chargeable service units,

— description and explanation of the methodology used with respect to the recovery of the balance resulting from

over or under recovery of previous years,

— description of the policy on exemptions and a description of the financing means to cover the related costs,

— description of the income from other sources when they exist,

— description and explanation of incentives applied on air navigation service providers and,

in particular, the
modalities to be applied in setting regulatory conditions on the level of unit rates. Description and explanation
of the objectives in terms of performance and on the modalities to take them into account in the setting of
maximum unit rates,

— description of the plans of air navigation service providers in order to meet projected demand and performance

objectives,

— description and explanation of incentives applied on users of air navigation services.