Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (Text with EEA relevance)
Date: 2009-03-11
Institutions: Council of the European Union, European Parliament
Subjects: airport, charges for use of infrastructure, common transport policy, transport regulations

14.3.2009

EN

Official Journal of the European Union

L 70/11

DIRECTIVES

DIRECTIVE 2009/12/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2009

on airport charges

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure
Article 251 of the Treaty (3),

laid down in

Whereas:

(1)

(2)

transport

services. For

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 air
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
charges. Airport managing
bodies providing facilities and services for which airport
charges are levied should endeavour to operate on a cost-
efficient basis.

through airport

It is necessary to establish a common framework regu­
lating the essential features of airport charges and the
such a
way they are

absence of

in the

set,

as

(1) OJ C 10, 15.1.2008, p. 35.
(2) OJ C 305, 15.12.2007, p. 11.
(3) Opinion of the European Parliament of 15 January 2008 (not yet
published in the Official
Journal), Council Common Position of
23 June 2008 (OJ C 254 E, 7.10.2008, p. 18) and Position of the
European Parliament of 23 October 2008 (not yet published in the
Official Journal). Council Decision of 19 February 2009.

in the

requirements

framework, basic
relationship
between airport managing bodies and airport users may
not be met. Such a framework should be without
prejudice to the possibility for a Member State to
revenues from an
determine if and to what extent
airport’s
taken into
account in establishing airport charges.

activities may be

commercial

This Directive should apply to airports located in the
Community 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.

In addition, in a Member State where no airport reaches
the minimum size for the application of this Directive,
the airport with the highest passenger movements enjoys
such a privileged position as a point of entry to that
Member State
is necessary to apply this
Directive to that airport in order to guarantee respect
for certain basic principles in the relationship between
the airport managing body and the airport users,
in
particular with regard to transparency of charges and
non-discrimination among airport users.

that

it

In order to promote territorial cohesion, Member States
should have the possibility to apply a common charging
system to cover an airport network. Economic transfers
between airports in such networks should comply with
Community law.

For reasons of traffic distribution Member States should
be able to allow an airport managing body for airports
serving the same city or conurbation to apply a common
and transparent charging system. Economic transfers
between these airports should comply with relevant
Community law.

for

starting up new routes,

Incentives
promote,
and outermost
accordance with Community law.

to
inter alia, the development of disadvantaged
should only be granted in

such as

regions

(3)

(4)

(5)

(6)

(7)

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Official Journal of the European Union

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(8)

(9)

(10)

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 laying down
a common charging scheme for air navigation services (1)
and Council Directive 96/67/EC of 15 October 1996 on
access to the groundhandling market at Community
airports (2)
the
funding of
and
passengers with reduced mobility are governed by Regu­
lation (EC) No 1107/2006 of the European Parliament
and of the Council of 5 July 2006 concerning the rights
of disabled persons and persons with reduced mobility
when travelling by air (3).

levied for
to disabled passengers

respectively. The

assistance

charges

The Council of the International Civil Aviation Organ-
isation (the ICAO Council) in 2004 adopted policies on
airport charges that included, inter alia, the principles of
cost-relatedness, non-discrimination and an independent
mechanism for economic regulation of airports.

The ICAO Council has considered that an airport charge
is a levy that
is designed and applied specifically to
recover the cost of providing facilities and services for
civil aviation, while a tax is a levy that is designed to
raise national or local government revenues which are
generally not applied to civil aviation in their entirety
or on a cost-specific basis.

(11) Airport

should

charges

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
authority
recourse
whenever a decision on airport charges or the modifi­
cation of the charging system is contested by airport
users.

to an independent

supervisory

(12)

(13)

In order to ensure impartial decisions and the proper and
effective application of
this Directive, an independent
supervisory authority should be established in every
Member State. 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 airport charges are calculated.
Such transparency would provide air carriers with an
insight into the costs incurred by the airport and the
productivity of an airport’s investments. To allow an
the
airport managing
assess
requirements with regard to future investments,
the
airport users should be required to share all their oper­
forecasts, development projects and specific
ational

properly

body

to

(1) OJ L 341, 7.12.2006, p. 3.
(2) OJ L 272, 25.10.1996, p. 36.
(3) OJ L 204, 26.7.2006, p. 1.

demands and suggestions with the airport managing
body on a timely basis.

(14) Airport managing bodies should inform airport users
about major
these have a
infrastructure projects as
significant impact on the system or the level of airport
charges. Such information should be provided in order to
infrastructure costs possible and
make monitoring of
with a view to providing suitable and cost-effective
facilities at the airport concerned.

charges

corresponding to the

(15) Airport managing bodies should be enabled to apply
airport
infrastructure
and/or the level of service provided as air carriers have
a legitimate interest to require services from an airport
managing body that correspond to the price/quality ratio.
However, access to a differentiated level of infrastructure
or services should be open to all carriers that wish to
avail of them on a non-discriminatory basis. If demand
exceeds supply, access should be determined on the basis
of objective
to be
developed by an airport managing body. Any differen­
tiation in airport charges should be transparent, objective
and based on clear criteria.

and non-discriminatory criteria

(16) Airport users and the airport managing body should be
able to conclude a service level agreement with regard to
the quality of service provided in return for airport
charges. Negotiations on the quality of service provided
in return for airport charges could take place as part of
the regular consultation.

(17) Different

exist

systems

in different Member States
concerning the pre-financing of airport investments. In
Member States where pre-financing occurs, Member
States or airport managing bodies should refer to ICAO
policies and/or establish their own safeguards.

(18)

This Directive should be without prejudice to the Treaty,
in particular Articles 81 to 89 thereof.

(19)

level

in place at national

Since the objective of
this Directive, namely to set
common principles for the levying of airport charges at
Community airports, cannot be sufficiently achieved by
the Member States as systems of airport charges can not
be put
in a uniform way
the Community and can therefore, by
throughout
reason of
its scale and effects, 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
In accordance with the
principle of proportionality, as set out in that Article,
this Directive does not go beyond what is necessary in
order to achieve that objective,

the Treaty.

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HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

This Directive sets common principles for the levying of

1.
airport charges at Community airports.

This Directive shall apply to any airport

located in a
2.
territory subject to the Treaty and open to commercial traffic
whose annual traffic is over five million passenger movements
and to the airport with the highest passenger movement in each
Member State.

3. Member States shall publish a list of the airports on their
territory to which this Directive applies. This list shall be based
on data from the Commission (Eurostat) and shall be updated
annually.

4.
This Directive shall not apply to the charges collected for
the remuneration of en route and terminal air navigation
services in accordance with Regulation (EC) No 1794/2006,
or to the charges collected for the remuneration of ground­
handling services
referred to in the Annex to Directive
96/67/EC, or to the charges levied for the funding of assistance
to disabled passengers and passengers with reduced mobility
referred to in Regulation (EC) No 1107/2006.

2.

‘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, regulations or contracts the
administration and management of the airport or airport
network infrastructures and the coordination and control
of the activities of the different operators present in the
airports or airport network concerned;

3.

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

4.

‘airport charge’ means a levy collected for the benefit of the
airport managing body and paid by the airport users for the
use of facilities and services, which are exclusively provided
by the airport managing body and which are related to
landing,
lighting and parking of aircraft, and
processing of passengers and freight;

take-off,

5.

‘airport network’ means a group of airports duly designated
as such by the Member State and operated by the same
airport managing body.

Article 3

Non-discrimination

5.
This Directive shall be 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
territory. This may include
managing body located in its
approval of
such as
economic oversight measures,
charging systems
including
level of
the
incentive-based charging methods or price cap regulation.

the
charges,

and/or

Article 2

Definitions

For the purposes of this Directive:

airport

among

Member States
discriminate
in
Community law. This does not prevent
airport charges
including environmental
modulation shall be relevant, objective and transparent.

shall ensure that airport charges do not
accordance with
the modulation of
interest,
issues. The criteria used for such a

issues of public and general

users,

for

Article 4

Airport network

Member States may allow the airport managing body of an
airport network to introduce a common and transparent
airport charging system to cover the airport network.

Article 5

Common charging systems

1.

‘airport’ means any land area specifically adapted for the
landing, taking-off and manoeuvring of aircraft,
including
the ancillary installations which these operations may
involve for the requirements of aircraft traffic and services,
including the installations needed to assist commercial air
services;

After having informed the Commission and in accordance with
Community law, Member States may allow an airport managing
body to apply a common and transparent charging system at
airports serving the same city or conurbation, provided that
each airport
requirements on
complies with the
fully
transparency set out in Article 7.

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Article 6

Consultation and remedy

(a)

there is a mandatory procedure under national law whereby
airport charges, or their maximum level, shall be determined
or approved by the independent supervisory authority; or

to the operation of

is established with respect

1. Member States shall ensure that a compulsory procedure
for regular consultation between the airport managing body and
airport users or the representatives or associations of airport
users
the
system of airport charges, the level of airport charges and, as
appropriate, the quality of service provided. Such consultation
shall take place at least once a year, unless agreed otherwise in
the
agreement
between the airport managing body and the airport users
exists, the consultations shall take place as foreseen in such
agreement. Member States shall retain the right
to request
more frequent consultations.

consultation. Where

a multi-annual

latest

2. Member States
shall ensure that, wherever possible,
changes to the system or the level of airport 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 system or the level
of airport charges to the airport users, together with the reasons
for the proposed changes, no later than four months before
they enter into force, unless there are exceptional circumstances
which need to be justified to airport users. The airport
managing body shall hold consultations on the proposed
changes with the airport users and take their views into
account before a decision is taken. The airport managing
body shall normally publish its decision or recommendation
no later than two months before its entry into force. The
airport managing body shall justify its decision with regard to
the views of the airport users in the event that no agreement on
the proposed changes is reached between the airport managing
body and the airport users.

3. Member States
in the event of a
shall ensure that
disagreement over a decision on airport charges taken by the
airport managing body, either party may seek the intervention
supervisory authority referred to in
of
Article 11 which shall examine the justifications
the
the system or the level of airport charges.
modification of

independent

the

for

A modification of

the system or the level of airport
4.
charges decided upon by the airport managing body shall,
if
brought before the independent supervisory authority, not take
effect until that authority has examined the matter. The inde­
pendent supervisory authority shall, within four weeks of the
matter being brought before it, take an interim decision on the
entry into force of the modification of airport charges, unless
the final decision can be taken within the same deadline.

(b) there is a mandatory procedure under national law whereby
the independent
supervisory authority examines, on a
regular basis or in response to requests from interested
parties, whether such airports are subject to effective compe­
tition. Whenever warranted on the basis of such an exam­
ination,
the airport
charges, or their maximum level, shall be determined or
approved by the independent supervisory authority. This
decision shall apply for as long as is necessary on the
basis of the examination conducted by that authority.

the Member State shall decide that

The procedures, conditions and criteria applied for the purpose
of
this paragraph by the Member State shall be relevant,
objective, non-discriminatory and transparent.

Article 7

Transparency

the airport managing
1. Member States shall ensure that
body provides each airport user, or the representatives or asso­
ciations of airport users, every time consultations referred to in
Article 6(1) are to be held with information on the components
serving as a basis for determining the system or the level of all
charges levied at each airport by the airport managing body.
The information shall include at least:

(a) a list of the various services and infrastructure provided in

return for the airport charge levied;

(b) the methodology used for setting airport charges;

(c)

the overall cost structure with regard to the facilities and
services which airport charges relate to;

(d) the revenue of the different charges and the total cost of the

services covered by them;

(e) any financing from public authorities of the facilities and

services which airport charges relate to;

(f)

forecasts of
charges, traffic growth and proposed investments;

the situation at

the airport as regards the

5.
A Member State may decide not to apply paragraphs 3
and 4 in relation to changes to the level or the structure of the
airport charges at those airports for which:

(g) the actual use of airport infrastructure and equipment over a

given period; and

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(h) the predicted outcome of any major proposed investments

in terms of their effects on airport capacity.

2. Member States shall ensure that airport users submit infor­
mation to the airport managing body before every consultation,
as provided for in Article 6(1), concerning in particular:

terminal or part of a terminal. The level of airport charges
may be differentiated according to the quality and scope of
such services and their costs or any other objective and trans­
parent
justification. Without prejudice to Article 3, airport
managing bodies shall remain free to set any such differentiated
airport charges.

(a)

forecasts as regards traffic;

(b) forecasts as to the composition and envisaged use of their

fleet;

(c)

their development projects at the airport concerned; and

(d) their requirements at the airport concerned.

Subject to national

legislation, the information provided
3.
on the basis of this Article shall be considered as confidential or
economically sensitive and handled accordingly. In the case of
airport managing bodies that are quoted on the stock exchange,
stock exchange regulations in particular shall be complied with.

Article 8

New infrastructure

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

Article 9

Quality standards

In order to ensure smooth and efficient operations at an
1.
airport, Member States shall take the necessary measures to
allow the airport managing body and the representatives or
associations of airport users at the airport to enter into nego­
tiations with a view to concluding a service level agreement
with regard to the quality of service provided at the airport.
These negotiations on service quality may take place as part of
the consultations referred to in Article 6(1).

2.
Any such service level agreement shall determine the level
of the service to be provided by the airport managing body
which takes into account the actual system or the level of
airport charges and the level of service to which airport users
are entitled in return for airport charges.

Article 10

Differentiation of services

1. Member States shall take the necessary measures to allow
the airport managing body to vary the quality and scope of
particular airport services,
terminals,
with the aim of providing tailored services or a dedicated

terminals or parts of

2. Member States shall take the necessary measures to allow
any airport user wishing to use the tailored services or dedicated
terminal or part of a terminal, to have access to these services
and terminal or part of a terminal.

In the event that more airport users wish to have access to the
tailored services and/or a dedicated terminal or part of a
terminal than is possible due to capacity constraints, access
shall be determined on the basis of relevant, objective, trans­
parent and non-discriminatory criteria. These criteria may be set
by the airport managing body and Member States may require
these criteria to be endorsed by the independent supervisory
authority.

Article 11

Independent supervisory authority

1. Member States shall nominate or establish an independent
authority as their national independent supervisory authority in
order to ensure the correct application of the measures taken to
comply with this Directive and to assume, at least, the tasks
assigned under Article 6. Such an authority 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(5),
including with the approval of the charging system and/or the
level of airport charges, provided that it meets the requirements
of paragraph 3 of this Article.

In compliance with national law, this Directive shall not
2.
prevent the independent supervisory authority from delegating,
under its supervision and full responsibility, the implementation
of this Directive to other independent supervisory authorities,
provided that implementation takes place in accordance with
the same standards.

supervisory authority by ensuring that

3. Member States shall guarantee the independence of the
independent
is
legally distinct
from and functionally independent of any
airport managing body and air carrier. Member States that
retain ownership of airports, airport managing bodies or air
carriers or control of airport managing bodies or air carriers
shall ensure that the functions relating to such ownership or
control are not vested in the independent supervisory authority.
Member States shall ensure that the independent supervisory
authority exercises its powers impartially and transparently.

it

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4. Member States shall notify the Commission of the name
and address of
its
assigned tasks and responsibilities, and of the measures taken
to ensure compliance with paragraph 3.

supervisory authority,

the independent

5. Member States may establish a funding mechanism for the
independent supervisory authority, which may include levying a
charge on airport users and airport managing bodies.

6. Member States shall ensure,
referred to in Article 6(3), that measures are taken to:

in respect of disagreements

(a) establish a procedure for resolving disagreements between

the airport managing body and the airport users;

(b) determine the conditions under which a disagreement may
be brought to the independent supervisory authority. The
authority shall,
in particular, dismiss complaints which it
deems are not properly justified or adequately documented;
and

(c) determine the criteria against which disagreements will be

assessed for resolution.

These procedures, conditions and criteria shall be non-discrimi­
natory, transparent and objective.

required to consult

7. When undertaking an investigation into the justification
for the modification of the system or the level of airport charges
as set out in Article 6, the independent supervisory authority
shall have access to necessary information from the parties
concerned and shall be
the parties
concerned in order to reach its decision. Without prejudice to
Article 6(4), it shall issue a final decision as soon as possible,
and in any case within four months of the matter being brought
before it. This period may be extended by two months in
exceptional and duly justified cases. The decisions of the inde­
pendent supervisory authority shall have binding effect, without
prejudice to parliamentary or judicial review, as applicable in
the Member States.

The independent supervisory authority shall publish an

8.
annual report concerning its activities.

Article 12

Report and revision

1.
The Commission shall submit to the European Parliament
and the Council, by 15 March 2013, a report on the application
of
this Directive assessing progress made in attaining its
objective as well as, where appropriate, any suitable proposal.

2. Member States and the Commission shall cooperate in the
application of
the
regards
collection of
referred to in
paragraph 1.

this Directive, particularly as

information for

report

the

Article 13

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 15 March 2011. They shall forthwith inform the
Commission thereof.

When Member States adopt those measures, they shall contain a
reference to this Directive or shall be accompanied by such
their official publication. The
reference on the occasion of
methods of making such reference shall be laid down by
Member States.

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

Article 14

Entry into force

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

Article 15

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 11 March 2009.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

A. VONDRA