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Document 02009L0012-20240520
Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (Text with EEA relevance)Text with EEA relevance
Consolidated text: Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (Text with EEA relevance)Text with EEA relevance
Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (Text with EEA relevance)Text with EEA relevance
02009L0012 — EN — 20.05.2024 — 001.001
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DIRECTIVE 2009/12/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2009 on airport charges (OJ L 070 14.3.2009, p. 11) |
Amended by:
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DECISION (EU) 2024/1254 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 April 2024 |
L 1254 |
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30.4.2024 |
DIRECTIVE 2009/12/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2009
on airport charges
(Text with EEA relevance)
Article 1
Subject matter
▼M1 —————
Article 2
Definitions
For the purposes of this Directive:
‘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;
‘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;
‘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;
‘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, take-off, lighting and parking of aircraft, and processing of passengers and freight;
‘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
Member States shall ensure that airport charges do not discriminate among airport users, in accordance with Community law. This does not prevent the modulation of airport charges for issues of public and general interest, including environmental issues. The criteria used for such a modulation shall be relevant, objective and transparent.
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
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 fully complies with the requirements on transparency set out in Article 7.
Article 6
Consultation and remedy
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:
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
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 competition. Whenever warranted on the basis of such an examination, the Member State shall decide that 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 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
Member States shall ensure that the airport managing body provides each airport user, or the representatives or associations 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 list of the various services and infrastructure provided in return for the airport charge levied;
the methodology used for setting airport charges;
the overall cost structure with regard to the facilities and services which airport charges relate to;
the revenue of the different charges and the total cost of the services covered by them;
any financing from public authorities of the facilities and services which airport charges relate to;
forecasts of the situation at the airport as regards the charges, traffic growth and proposed investments;
the actual use of airport infrastructure and equipment over a given period; and
the predicted outcome of any major proposed investments in terms of their effects on airport capacity.
Member States shall ensure that airport users submit information to the airport managing body before every consultation, as provided for in Article 6(1), 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; and
their requirements at the airport concerned.
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
Article 10
Differentiation of services
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, transparent 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
Member States shall ensure, in respect of disagreements referred to in Article 6(3), that measures are taken to:
establish a procedure for resolving disagreements between the airport managing body and the airport users;
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
determine the criteria against which disagreements will be assessed for resolution.
These procedures, conditions and criteria shall be non-discriminatory, transparent and objective.
Article 12
Report and revision
Article 13
Transposition
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
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.