Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council on airport charges amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2009-02-18
Institutions: European Commission
Subjects: airport, charges for use of infrastructure, common transport policy, management, quasi-fiscal charge, transport regulations, transport user

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.2.2009 
COM(2009) 86 final 

2007/0013 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

ON AIRPORT CHARGES 

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the 
EC Treaty 

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2007/0013 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

ON AIRPORT CHARGES 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  31  amendment  proposed  by 
Parliament.  

2. 

BACKGROUND 

Date  of  transmission  of  the  proposal  to  the  EP  and  the  Council
(document COM(2006)820 final – 2007/0013COD): 

29 January 2007 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

26 September 2007 

Date of the opinion of the Committee of the Regions: 

10 October 2007 

Date of the position of the European Parliament, first reading: 

15 January 2008 

Date of adoption of the Council's political agreement : 

7 April 2008 

Date of adoption of the Council's common position: 

23 June 2008 

Date of the position of the European Parliament, second reading: 

23 October 2008 

3. 

PURPOSE OF THE PROPOSAL 

The objective of the proposal adopted by the Commission on 24 January 2007 is to facilitate 
the discussions on airport charges between airports and airlines. The proposal introduces some 
basic rules on the procedures for levying charges. These rules are based on generally accepted 
principles  already  endorsed  by  Member  States  in  the  council  of  the  International  Civil 
Aviation  Organization.  The  first  principle  aims  at  ensuring  regular  consultations  between 
airports  and  airlines  on  charges  in  which  both  parties  can  explain  and  develop  their  views. 
The objective is to ensure that airports have consulted and informed airlines before deciding 

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on airport charges. The second principle concerns transparency on the elements that form the 
basis  of  airport  charges.  This  information  will  be  discussed  in  the  regular  consultations. 
Prohibition of discrimination between airlines is the third principle. 

The proposal also suggests the establishment of an independent regulatory authority in each 
Member State. This authority shall oversee the levying of charges and ensure that the relevant 
provisions  of  the  directive  are  complied  with.  The  authority  will  consequently  act  upon 
complaints on airport charges from the parties. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

4.1. 

Amendments accepted by the Commission 

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Amendments 1, 4, 14, 8, 9, 10, 18 and 27 by the European Parliament significantly 
improve the clarity of the text compared to the Council's common position. 

Amendments 5, 6, 11, 12, 13, 16, 17, 20, 21, 22, 24, 25, 26, 28, 29, 30 and 31 are 
very  close  to  the  initial  Commission  proposal  on  several  issues.  In  particular  name 
and time limits  

The European Parliament also adopted two amendments clarifying some aspects of 
financing.  Amendment  7  introduces  a  recital  that  clarifies  that  pre-financing  of 
airport  infrastructure  should  be  accompanied  with  safeguards  Amendment  15 
requires airports to provide information on any financing from public authorities. 

Amendment 19 further strengthens the principle of non-discrimination.  

Amendment 23 clarifies that the functions of the independent supervisory authority 
can be delegated. 

Amendments 2 and 3 further clarify the reasons for including the largest airport per 
Member State in the scope of application of the Directive. 

The Commission can therefore accept all amendments. 

Furthermore,  the  amendments  confirm  the  agreement  between  the  institutions.  The 
Council has already sent a letter to the Parliament endorsing the amendments by the 
Parliament. 

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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