Directive 2009/12/EC of March 11th 2009 on airport charges, was published by the Official Journal of the European Union on Marcha 15th 2009, with the objective to set common principles for the levying of airport charges at Community airports. Following this objective a common framework regulating the essential features of airport charges and the way they are set will be established for EC airports whose annual traffic is over five million passenger movements.

The Council of the International Civil Aviation Organisation (ICAO) 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.

Airport charges should be non-discriminatory, and 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 supervisory authority whenever a decision on airport charges or the modification of the charging system is contested by airport users. On October 2008, the European Union already adopted common rules for the operation of air services which included the obligation for companies to publish and differentiate airport charges in the tickets so as consumers can be informed and compare prices.

Directive 2009/12/EC will 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. It will therefore apply to any airport located in a 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.

Member States will 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.

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

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.

The airport managing body will provide each airport user, or the representatives or associations of airport users, every time consultations are required, 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 will 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.
• The predicted outcome of any major proposed investments in terms of their effects on airport capacity.

Airport users will provide with information to the airport managing body before every consultation concerning 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.

Member States will 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 of providing 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 and their costs or any other objective and transparent justification.

Directive 2009/12/EC, entered into force on March 15th 2009, and Member States will bring into force the laws, regulations and administrative provisions necessary to comply with it by March 15th 2011.