Directive 2009/12 - Airport charges - Main contents
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official title
Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2009/12 |
| Original proposal | COM(2006)820  |
| CELEX number i | 32009L0012 |
| Document | 11-03-2009 |
|---|---|
| Publication in Official Journal | 14-03-2009; Special edition in Croatian: Chapter 07 Volume 025,OJ L 70, 14.3.2009 |
| Effect | 15-03-2009; Entry into force Date pub. + 1 See Art 14 |
| End of validity | 31-12-9999 |
| Transposition | 15-03-2011; At the latest See Art 13.1 |
14.3.2009 |
EN |
Official Journal of the European Union |
L 70/11 |
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 establishing the European Community, and in particular Article 80(2) thereof,
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 the Committee of the Regions (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
(1) |
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 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. Airport managing bodies providing facilities and services for which airport charges are levied should endeavour to operate on a cost-efficient basis. |
(2) |
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 a framework, basic requirements in the 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 determine if and to what extent revenues from an airport’s commercial activities may be taken into account in establishing airport charges. |
(3) |
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. |
(4) |
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 that it 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. |
(5) |
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. |
(6) |
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. |
(7) |
Incentives for starting up new routes, such as to promote, inter alia, the development of disadvantaged and outermost regions should only be granted in accordance with Community law. |
(8) |
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 (4) and Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (5) respectively. The charges levied for the funding of assistance to disabled passengers and passengers with reduced mobility are governed by Regulation (EC) No 1107/2006 of the... |
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