Proposal for a Directive of the European Parliament and of the Council on airport charges {SEC(2006) 1688} {SEC(2006) 1689}
Date: 2007-01-24
Institutions: European Commission
Subjects: airport, charges for use of infrastructure, common transport policy, transport regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.1.2007 
COM(2006) 820 final 

2007/0013 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on airport charges 

(presented by the Commission) 

{SEC(2006) 1688} 
{SEC(2006) 1689} 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  General context 

At present, pricing of airport infrastructure is regulated at national level through systems that 
are not always properly justified and the provision of information thereon can be inadequate. 
Users are not systematically consulted at all EU airports prior to the determination of charges 
or before the modification of a charging system. Airport users are not usually informed about 
future investments at airports and their necessity. 

EU  air  carriers  operate  in  a  strongly  cyclical  economic  environment  with  increased 
international  competition  and  they  are  confronted  with  external  challenges  such  as 
international  health  crises,  volatile  fuel  prices  and  security  concerns.  The  entire  aviation 
supply  chain  should  become  as  competitive  as  possible  in  order  to  ensure  the  continued 
competitiveness of the whole EU economy. Airport charges are an important link in this chain 
as they account for between 4% and 8% of the major EU air carriers' operational costs1. 

The majority of EU airports are still publicly owned and as a result the public authorities have 
an  interest  to  maximize  profits  from  airport  operations.  Yet,  the  number  of  privately  owned 
EU  airports  is  growing,  and  shareholders  equally  have  an  interest  in  the  maximization  of 
profitability and may press the public authorities thereon. Public authorities have an interest to 
facilitate charges increases at airports that are in the preparatory stages to privatisation so as to 
generate optimal revenues from the sale of an airport to private investors. 

Reference  is  made  to  ICAO's  'Policies  on  charges  for  airports  and  air  navigation  services'2. 
The  recommendations  therein  recognise  the  need  for  the  economic  regulation  of  airports  to 
include elements such as non-discrimination in the application of the charges, the ensuring of 
transparency  and  consultation,  and  the  establishment  and  review  of  quality  standards3.  The 
present proposal gives heed to this policy guidance. 

•  Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

•  Consistency with the civil aviation policy and other objectives of the Union 

The  third  package  adopted  by  the  Council  in  1992  represented  the  final  stage  in  the 
liberalisation  of  the  access  to  the  air  transport  market.  Subsequent  initiatives  were  aimed  at 
regulating  and  liberalising  ancillary  activities  such  as  the  provision  of  groundhandling 
services, slot allocation and the use of computerized reservation systems. The Community has 
also adopted legislation in the field of aviation safety and security and has addressed the issue 
of air traffic management by means of legislative measures creating the Single Sky.  

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Source: Association of European Airlines. Percentage influenced by other operational costs such as the 
price of jet fuel. Low cost air carriers claim a higher percentage for airport charges as part of their total 
costs. 
ICAO's policies on charges for airports and air navigation services, 7th Edition - 2004. 
ICAO's policies on charges for airports and air navigation services, 7th Edition - 2004 , point 15. 

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The  present  proposal  is  part  of  a  wider  initiative  that  places  the  focus  on  airports  and  that 
seeks to promote efficient airport operations and the optimal use of scarce capacity.  

The  present  initiative  is  in  line  with  the  main  objective  of  the  Lisbon  agenda  for  the  EU  to 
remain a competitive economy targeting the dynamic sectors. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

During a hearing that  has  was  held  on 7 April 2006, the Commission has consulted with all 
stakeholders  in  the  air  transport  industry  on  the  various  possibilities  to  devise  Community 
legislation on airport charges. 

Bilateral contacts have also been engaged with some stakeholders in order to further exchange 
views. 

Summary of responses and how they have been taken into account 

The air carriers and the airports have understanding for the necessity for airport charges to be 
regulated  at  EU  level  but  they  have  different  views  on  how  this  should  be  done.  The  air 
carriers take the view that legislation is needed to ensure independent national regulation, that 
airport charges should be compliant with ICAO principles and reflect cost-efficiency, and that 
systematic  consultation  is  necessary.  Low  cost  carriers  and  airports  see  less  need  for 
Community  legislation  as  increased  competition  from  secondary  airports  has  a  downward 
effect on airport charges levels. 

The  present  initiative  seeks  to  strike  a  balance  between  the  two  main  positions  described 
above. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

A study has been carried out to provide a quantitative and qualitative analysis of the impact of 
this initiative, so as to evaluate the chosen approach. The study was performed by Ecorys. 

Methodology used 

The consultant executed a qualitative analysis of the impacts of the proposed options. 

Main organisations/experts consulted 

All major stakeholder organisations have been consulted as well as individual air carriers and 
individual airports in eighteen Member States. Transport users and consumers have also been 
consulted via their associations. 

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Summary of advice received and used 

The  existence  of  potentially  serious  risks  with  irreversible  consequences  has  not  been 
mentioned. 

The main conclusions were that of the four contemplated policy options that were identified as 
the  basis  for  the  study,  the  implementation  of  a  general  framework  containing  general 
principles (i.e. option 3) offers the best potential to be successful and to bring about a positive 
change in the way airport charges are being set and in the relationship between airports and air 
carriers. 

Means used to make the expert advice publicly available 

The executive summary of the study by Ecorys has been published on DG TREN’s website4. 

• 

Impact assessment 

The Commission has carried out an impact assessment5. 

The policy options that were considered are mentioned below. The first 'no EU action' option 
was used as a benchmark against which the other policy scenarios have been compared. 

The  second  option  contained  the  scenario  in  which  the  aviation  industry  actors  develop  and 
adopt  voluntary  EU  wide  self-regulatory  measures  to  address  the  issues  perceived  by  either 
party  i.e.  the  air  carriers  and  airports,  incurred  by  the  lack  of  agreement  and  common 
understanding  between  the  parties  on  how  the  main  points  of  contention  could  be  best 
addressed. 

Option  3  was  a  Community  act  establishing  a  general  framework  requiring  that  the  way  in 
which airport charges are determined at national level, reflect a number of common principles 
that airport operators would have to adhere to. 

The last option concerned the introduction of a legal framework in the EU that would require 
that airport charges be determined and levied on the basis of one regulatory system that would 
apply  across  the  EU  in  a  uniform  way,  establishing  a  single  method  of  calculation  to  be 
defined. 

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http://ec.europa.eu/transport/air_portal/index_en.htm 
SEC(2006) 1688. 

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3)  LEGAL ELEMENTS OF THE PROPOSAL 

• 

Summary of the proposed action 

The proposal defines a number of basic principles to be respected by airport operators when 
they determine their airport charges. 

Non-discrimination : 

Charging  systems  should  not  discriminate  between  carriers  or  passengers.  Furthermore, 
differences  in  treatment  should  be  related  to  the  actual  cost  of  the  facilities  and  services 
provided. 

Consultation and remedy : 

The  airport  managing  body  and  the  air  carriers  serving  the  airport,  or  their  representative 
organisations, must engage in a dialogue on the charging system applicable at an airport not 
only  when  such  system  is  modified  but  also  when  the  levels  of  the  respective  charges  are 
being  established.  The  aim  of  this  requirement  is  that  the  two  parties  exchange  views  on  a 
regular basis on the levels of the charges as well as on all factors and regulatory requirements 
that have an influence on their determination. 

Transparency : 

The  proposed  Directive  does  not  contain  provisions  on  calculation  methods  for  charges  that 
should be applied in each Member State. The Commission acknowledges the large diversity of 
airport  regulation  existing  in  the  various  Member  States  but  a  reasonable  amount  of 
information must be provided by the operator to the air carriers so as to make the consultation 
process  between  airports  and  air  carriers  meaningful.  To  this  end  the  Directive  establishes 
which information should be provided on a regular basis by the airport managing body.  

Air  carriers  should,  in  turn,  give  information  as  to their  traffic  forecasts, their intended fleet 
use and their present and future specific requirements at the airport so as to allow the airport 
managing body to employ their capital and dedicate their capacity in an optimal way. 

Quality standards : 

Sub-standard quality of airline operations and airports' services disturbs the efficiency of the 
airport  system  especially  in  departure  and  transfer  operations.  Delays  in  embarking  and  the 
subsequent possibility of the loss of slots are, especially at airport rush hours, relatively severe 
consequences.  Both  players  have  an  interest,  therefore,  to  come  to  an  agreement  that  may 
safeguard  the  quality  of  service  at  an  airport.  Either  party  should  be  given  the  possibility  to 
seek  the  intervention  of  an  independent  regulatory  authority  when  an  agreement  is  not 
reached. 

Differentiation of charges : 

Charges are set on the basis of fixed criteria. This is different for the passenger charge which 
is related to the use of the terminal. At an airport, one terminal may differ from another and as 
a result the level and quality of service in the various terminals on offer may not be the same: 
the difference in quality, and age and degree of dilapidation, of a terminal itself may equally 

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be  a  point  of  distinction  between  the  various  levels  of  passenger  charge  to  be  paid  by  the 
airport users at one airport. 

It is necessary to ensure that in principle all air carriers wishing to have access to the terminal 
or services at reduced costs and quality will have such access on a non-discriminatory basis.  

Security charges : 

The  protection  of  air  passengers  and  cargoes  from  acts  of  unlawful  interference  committed 
against  air  transport  has  been  enhanced  by  Regulation  (EC)  No  2320/20026  establishing 
common  rules  in  the  field  of  aviation  security  and  a  series  of  implementation  Regulations 
which  have  laid  down  more  specific  measures  for  the  implementation  of  common  basic 
standards. The funding of security measures is not addressed by this legislation.  

Four  main  mechanisms  are  currently  being  used  to  fund  aviation  security  activities  within 
Europe:  funding  by  (1)  aviation  security  taxes,  (2)  security  surcharges  or  fees,  (3)  airport 
security charges and, to a lesser extent, (4) State grants and subsidies. As certain EU airports 
levy  charges  for  security  services,  this  subject  should  be  within  the  remit  of  this  Directive 
especially as significant differences in the way security costs are passed on, or not, to airport 
users between one airport and another can have a distortive effect on competition. 

Regulatory authority : 

A  draft  Directive  that  contains  principles  to  be  respected  by  the  main  partners  in  the  air 
transport industry i.e. the airports and air carriers, which have diverging interests, needs to be 
properly applied and adhered to at Member States' level. An authority to be established in each 
Member State that is in charge of ensuring the correct application of the Directive would be an 
appropriate guarantee that its provisions are respected. 

•  Legal basis 

The proposal is based on Article 80(2) of the Treaty establishing the European Community. 

• 

Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following reason(s). 

The  objectives  of  the  proposal  can  not  be  sufficiently  achieved  by  each  Member  State 
individually as airport charges systems and the determination of airport charges at individual 
airports  are  not  regulated  in  a  uniform  way  across  the  EU.  Diverging  charging  systems 
continue  to  exist  in  the  Member  States.  This  situation  hinders  the  existence  of  a  true  level 
playing field for airports and air carriers alike. 

Community action will better achieve the objectives of the proposal for the following reasons : 

6 

OJ L 355, 30.12.2002. 

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The  application  throughout  the  EU  of  a  common  set  of  basic  rules  with  regard  to  airport 
charges will ensure fair play between the aviation partners when defining the parameters for 
the use of airport infrastructure. 

Diverging charging systems exist in the Member States. Not all systems include fundamental 
principles  which  are  uniformly  applied  when  airport  charges  are  being  determined  and  the 
underlying method for their calculation is devised. The proposed Directive will achieve such 
application. 

The proposal is limited to the definition of a minimum of rules to be respected when Member 
States and/or airport operators determine the levels of airport charges. The proposed Directive 
does not impose a particular charging system. The discretion to define such a system remains 
with the Member States. 

The proposal therefore complies with the subsidiarity principle. 

• 

Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

The proposed Directive leaves the scope for a basic framework on airport charges to be set at 
national level unchanged and preserves the flexibility for airports to determine their charges. 
The Directive ensures that airport users will obtain a more visible justification of the charges. 

The administrative burden for Member States and regional authorities that are engaged in the 
process of defining the regulatory framework will be limited to the extent that they will have 
to adjust their existing legislation to the Directive as far as their legislation is not in conformity 
with the basic principles set out in the Directive. 

•  Choice of instruments 

Proposed instruments: directive. 

Other means would not be adequate for the following reason(s). 

A directive is the most proper means to regulate airport charges as it will set clear but basic 
principles with regard to airport charges that have to be respected by airport operators when 
applying and levying their charges. The transposition of the Directive into national law of each 
Member States will allow the latter to take into account, in its national legislation, the specific 
situation with regard to airports in that Member State, always provided that the provisions of 
the Directive are fully applied. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

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5)  ADDITIONAL INFORMATION 

•  Correlation table 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of  national 
provisions  transposing  the  Directive  as  well  as  a  correlation  table  between  those  provisions 
and this Directive. 

•  European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the  European 
Economic Area. 

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2007/0013 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on airport charges 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
80(2) thereof, 

Having regard to the proposal from the Commission7, 

Having regard to the opinion of the European Economic and Social Committee8, 

Having regard to the opinion of the Committee of the Regions9, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty10, 

Whereas: 

(1) 

(2) 

(3) 

The main task and commercial activity of airports is to ensure the handling of aircraft, 
from landing to take-off, and of passengers and cargo, so as to enable air carriers to 
provide  their  air  transport  services.  For  this  purpose,  airports  offer  a  number  of 
facilities  and  services  related  to  the  operation  of  aircraft  and  the  processing  of 
passengers  and  cargo,  the  cost  of  which  they  generally  recover  through  airport 
charges. 

It  is  necessary  to  establish  a  common  framework  regulating  the  essential  features  of 
airport charges and the way they are set, as in the absence of such framework, basic 
requirements  in  the  relation  between  airport  managing  bodies  and  airport  users  may 
not be respected. 

This  Directive  should  apply  to  airports  located  in  the  Community  territory  that  are 
above  a  minimum  size,  as  the  management  and  the  funding  of  small  airports  do  not 
call for the application of a Community framework. 

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OJ C, p 
OJ C, p 
OJ C, p 
OJ C, p 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

The collection of charges with respect to the provision of Air navigation services and 
groundhandling services has already been addressed by Commission Regulation (EC) 
No  1794/2006  of  6  December  2006  and  Council  Directive  96/67/EC  of  15  October 
1996, respectively. 

Airport  charges  should  be  non-discriminatory.  A  compulsory  procedure  for  regular 
consultation between airport managing bodies and airport users should be put in place 
with  the  possibility  for  either  party  to  have  recourse  to  an  independent  regulatory 
authority whenever a decision on airport charges or the modification of the charging 
system is contested by airport users. 

An independent regulatory authority should be established in every Member State so 
as to ensure the impartiality of its decisions and the proper and effective application of 
this Directive. The authority should be in possession of all the necessary resources in 
terms of staffing, expertise, and financial means for the performance of its tasks. 

It is vital for airport users to obtain from the airport managing body, on a regular basis, 
information  on  how  and  on  what  basis  the  airport  charges  are  calculated.  Such 
transparency  will  provide  air  carriers  with  an  insight  into  the  costs  incurred  by  the 
airport and the productivity of an airport’s investments. To allow an airport managing 
body  to  properly  assess  the  requirements  with  regard  to  its  future  investments,  the 
airport users should be required to share all their operational forecasts, developments 
projects and specific demands and wishes with the airport managing body on a timely 
basis. 

Airports should inform airport users about major infrastructure projects as these have 
significant impact on the level of airport charges. Such information shall be provided 
in  order  to  make  monitoring  of  costs  of  infrastructure  possible  and  with  the  view  to 
providing suitable and cost-effective facilities at the airport concerned. 

Due to the emergence of air carriers operating air services at low costs, airports served 
by  these  carriers  should  be  enabled  to  apply  charges  corresponding  to  the 
infrastructure  and/or  the  level  of  service  provided  as  air  carriers  have  a  legitimate 
interest to require services from an airport that correspond with the price/quality ratio. 
However, access to such reduced level of infrastructure or services should be open to 
all carriers that wish to avail of them on a non-discriminatory basis. In case demand 
exceeds  supply,  access  must  be  determined  on  the  basis  of  objective  and  non-
discriminatory criteria to be developed by an airport managing body. 

(10)  As  the  methods  for  establishing  and  levying  the  amounts  due  for  the  coverage  of 
security costs differ across the Community, the harmonisation of the basis for charging 
security  costs  at  Community  airports  where  the  costs  of  security  are  reflected  in  the 
airport charges is necessary. At these airports the charge should be related to the cost 
for providing security, taking into account any public financing of security costs. 

(11)  Airport users should be entitled to a minimum level of service in return for the charges 
they pay. To ensure this, the service level should be the subject of agreement between 
the airport managing body and the association(s) representing the airport users at the 
airport, to be concluded at regular intervals. 

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(12)  This Directive is without prejudice to the application of the provisions of the Treaty, 

in particular Articles 81 to 89 thereof. 

(13)  Since the objectives of the action taken cannot be sufficiently achieved by the Member 
States as airport charges systems cannot be put in place at their level in a uniform way 
throughout the Community and can therefore, by reason of the scale and effects of the 
action, be better achieved at Community level, the Community may adopt measures, 
in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  the  Article,  this 
Directive does not go beyond what is necessary in order to achieve those objectives. 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Subject matter 

1. 

2. 

This  Directive  sets  common  principles  for  the  levying  of  airport  charges  at 
Community airports. 

This Directive applies to any airport located in a territory subject to the provisions of 
the  Treaty  and  open  to  commercial  traffic  whose  annual  traffic  is  over  1  million 
passenger movements or 25 000 tonnes of cargo. 

This  Directive  shall  not  apply  to  the  charges  collected  for  the  remuneration  of  en-
route  and  terminal  air  navigation  services  in  accordance  with  Commission 
Regulation  (EC)  1794/2006  laying  down  a  common  charging  scheme  for  air 
navigation  services11,  or  to  the  charges  collected  for  the  remuneration  of 
groundhandling services referred to in the Annex of Council Directive 96/67/EC on 
access to the groundhandling market at Community airports12. 

This  Directive  is  without  prejudice  to  the  right  of  each  Member  State  to  apply 
additional regulatory measures that are not incompatible with this Directive or other 
relevant  provisions  of  Community  law  with  regard  to  any  airport  managing  body 
established  in  its  territory.  This  may  include  in  particular  the  approval  of  charging 
systems and/or the level of charges based on competition law. 

Article 2 

Definitions 

For the purposes of this Directive 

(a) 

‘airport’ means any land area especially adapted for the landing, taking-off and 
manoeuvring  of  aircraft,  including  the  ancillary  installations  which  these 

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12 

Commission Regulation (EC) No 1794/2006 of 6 December 2006 – OJ L 341, 7.12.2006. 
Council Directive 96/67/EC of 15 October 1996 - OJ L 272, 25.10.1996. 

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operations  may  involve  for  the  requirements  of  aircraft  traffic  and  services 
including the installations needed to assist commercial air services; 

(b) 

(c) 

(d) 

‘airport  managing  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  infrastructures 
and  the  co-ordination  and  control  of  the  activities  of  the  different  operators 
present in the airports concerned; 

‘airport user’ means any natural or legal person responsible for the carriage of 
passengers, mail and/or freight by air from or to the airport concerned; 

‘airport charge’ means a levy collected for the benefit of the airport managing 
body  and  paid  by  the  airport  users  and/or  air  passengers  with  a  view  to 
recovering all or part of the cost of facilities and services which are exclusively 
provided  by  the  airport  management  body  and  which  are  related  to  landing, 
take-off,  lighting  and  parking  of  aircraft,  and  processing  of  passengers  and 
freight; 

(e) 

‘security charge’ means a levy which is specifically designed to recover all or 
part of the cost of security measures intended to protect civil aviation against 
acts of unlawful interference. 

Article 3 

Non-discrimination 

Member States shall ensure that airport charges do not discriminate among airport users or air 
passengers. 

Article 4 

Consultation and remedy 

1. 

2. 

Member States shall ensure that at each airport a compulsory and regular procedure 
for  consultation  between  the  airport  management  body  and  airport  users  or 
representatives  of  airport  users  is  established  with  respect  to  the  operation  of  the 
system of airport charges and the level of such charges. Such consultation shall take 
place at least once a year. 

Member  States  shall  ensure  that,  wherever  possible,  changes  to  the  airport  charges 
system  or  to  the  level  of  charges  are  made  in  agreement  between  the  airport 
managing  body  and  the  airport  users.  To  that  end,  the  airport  managing  body  shall 
submit  any  proposal  to  modify  the  airport  charges  system  or  the  level  of  airport 
charges  to  the  airport  users  no  later  than  4  months  before  they  enter  into  force, 
together  with  the  reasons  for  the  proposed  changes.  At  the  request  of  any  airport 
user,  the  airport  managing  body  shall  hold  consultations  on  the  proposed  changes 
with  the  airport  users  and  take  their  views  into  account before  the final decision is 
taken.  The  airport  managing  body  shall  publish  its  final  decision  no  later  than  2 

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months  before  it  enters  into  force.  The  airport  managing  body  shall  justify  its 
decision with regard to the views of the airport users in the event no agreement on 
the proposed changes is reached between the airport managing body and the airport 
users. 

Member  States  shall  ensure  that  in  the  event  of  a  disagreement  over  a  decision  on 
airport charges, either party may seek the intervention of the independent regulatory 
authority  which  shall  examine  the  justifications  for  the  modification  of  the  airport 
charges system or the level of airport charges. 

Article 5 

Transparency 

Member  States  shall  ensure  that  the  airport  managing  body  provides  each  airport 
user,  or  the  representatives  or  associations  of  airport  users,  once  a  year  with 
information  on  the  components  serving  as  a  basis  for  determining  the  level  of  all 
charges levied at the airport. This information shall at least include: 

a  list  of  the  various  services  and  infrastructure  provided  in  return  for  the  charge 
levied;  

the method of calculation of charges; 

the overall cost structure of the airport; 

the revenue and cost of each category of charges collected at the airport; 

the total number of staff deployed to services which give rise to the collection of the 
charges; 

forecasts of the situation at the airport as regards the charges, traffic growth and any 
proposed investments; 

the actual use of airport infrastructure and equipment over a given period;  

the  productivity  of  the  investments  in  terms  of  their  effects  on  the  airport  capacity 
and the quality of services provided. 

Member States shall ensure that airport users submit information to the management 
body on a regular basis, concerning in particular: 

forecasts as regards traffic; 

forecasts as to the composition and envisaged use of their fleet; 

their development projects at the airport concerned; 

their requirements at the airport concerned. 

3. 

1. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

2. 

(a) 

(b) 

(c) 

(d) 

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3. 

The  information  provided  on  the  basis  of  this  article  shall  be  considered  as 
confidential and handled accordingly. 

Article 6 

New infrastructure 

Member States shall ensure that the airport managing body consults with airport users before 
plans for new infrastructure projects are finalised.  

Article 7 

Quality standards 

1. 

In order to ensure smooth and efficient operations at an airport, Member States shall 
ensure  that  the  airport  managing  body  and  the  association  or  associations 
representing  airport  users  at  the  airport  enter  into  negotiations  with  a  view  to 
concluding a service level agreement with regard to the quality of service provided at 
the  airport  terminal  or  terminals,  and  the  exactitude  and  timeliness  of  information 
provided by airport users on their projected operations referred to in Article 5(2), to 
allow the airport to fulfil its obligations. Such agreement shall be concluded at least 
once every two years and be notified to the independent regulatory authority of each 
Member State. 

2. 

Member  States  shall  ensure  that,  in  the  event  no  agreement  on  service  levels  is 
reached, either party may seek intervention of the independent regulatory authority. 

Article 8 

Differentiation of charges 

1. 

2. 

Member States shall take the necessary measures to allow the airport managing body 
to  vary  the  quality  and  scope  of  particular  airport  services,  terminals  or  parts  of 
terminals, with the aim to provide tailored services or a dedicated terminal or part of 
a terminal. The level of airport charges may be differentiated according to the quality 
and scope of such services. 

Member States shall ensure that any airport user wishing to use the tailored services 
or  dedicated  terminal  or  part  of  a  terminal,  shall  have  access  to  these  services  and 
terminal or part of terminal. 

In  the  case  that  more  users  wish  to  have  access  to  the  tailored  services  and/or  a 
dedicated terminal or part of terminal than it is possible due to capacity constraints, 
access shall be determined on the basis of relevant, objective, transparent and non-
discriminatory criteria.  

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Article 9 

Security charges 

Security  charges  shall  be  used  exclusively  to  meet  security  costs.  These  costs  shall  be 
determined  using  the  principles  of  accounting  and  evaluation  generally  accepted  in  each  of 
the Member States. However, Member States shall ensure that particular account is taken of: 

– 

– 

– 

1. 

2. 

3. 

4. 

the  cost  of  financing  the  facilities  and  installations  dedicated  to  security  operations 
including fair depreciation in the value of these facilities and installations; 

the expenditure on security staff and security operations; 

the grants and subsidies allocated by the authorities for security purposes. 

Article 10 

Independent regulatory authority 

Member  States  shall  nominate  or  establish  an  independent  body  as  their  national 
independent  regulatory  authority  in  order  to  ensure  the  correct  application  of  the 
measures taken to comply with this Directive and to assume the tasks assigned under 
Articles 4 and 7. Such body may be the same as the entity entrusted by a Member 
State with the application of the additional regulatory measures referred to in Article 
1(2), including with the approval of the charging system and/or the level of charges, 
provided that it meets the requirements of paragraph 2. 

Member  States  shall  guarantee  the  independence  of  the  independent  regulatory 
authority by ensuring that it is legally distinct from and functionally independent of 
any  airport  managing  body  and  air  carrier.  Member  States  that  retain  ownership  or 
control  of  airports,  airport  managing  bodies  or  air  carriers  shall  ensure  effective 
structural  separation  of  the  regulatory  function  from  activities  associated  with 
ownership  or  control.  Member  States  shall  ensure  that  the  independent  regulatory 
authority exercises its powers impartially and transparently. 

Member  States  shall  notify  to  the  Commission  of  the  name  and  address  of  the 
independent regulatory authority, their assigned tasks and responsibilities, and of the 
measures taken to ensure compliance with paragraph 2. 

Whenever an airport managing body or an airport user has a complaint with regard to 
any  matter  within  the  scope  of  this  Directive,  it  may  refer  the  complaint  to  the 
independent regulatory authority which, acting as dispute settlement authority, shall 
issue a decision within two months after receipt of the complaint. The independent 
regulatory  authority  shall  have  the  right  to  request  the  necessary  information  from 
the  parties  for  the  decision.  The  decisions  of  the  regulatory  authority  shall  have 
binding effect. 

5. 

The  independent  regulatory  authority  shall  publish  an  annual  report  concerning  its 
activities. 

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1. 

2. 

1. 

Article 11 

Report and revision 

The Commission shall submit  a  report to  the European Parliament and the Council 
on  the  operation  of  this  Directive  no  later  then  4  years  after  its  entry  into  force  as 
well as, when appropriate, any suitable proposal. 

Member  States  and  the  Commission  shall  cooperate  in  the  application  of  this 
Directive,  particularly  as  regards  the  collection  of  information  for  the  report 
mentioned in paragraph 1. 

Article 12 

Implementation 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to conform to this Directive not later than 18 months from the 
date  of  its  publication  in  the  Official  Journal  of  the  European  Union.  They  shall 
forthwith inform the Commission thereof. 

When Member States adopt these provisions, these shall contain a reference to this 
Directive  or  shall  be  accompanied  by  such  reference  at  the  time  of  their  official 
publication. 

2. 

Member  States  shall  communicate  to  the  Commission  the  text  of  the  essential 
provisions of domestic law which they adopt in the field covered by this Directive. 

Article 13 

Entry into force 

This Directive shall enter into force on the day following that of its publication in the Official 
Journal of the European Union. 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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