Brussels, 12/05/2009 (Agence Europe) - On Monday 11 May, the European Commission adopted a draft directive establishing common principles for the levying of aviation security charges in Community airports. The aim is to ensure minimal transparency and no discrimination when aviation security costs are claimed. The proposal makes it an obligation for member states to set up an independent supervisory authority to ensure the directive is correctly implemented and to manage disputes that may arise between airport managers (responsible for the level of charges) and airport users. It introduces compulsory consultation and establishes a link between the cost and security charge to ensure that the latter only covers spending related to security. The draft directive specifies that security charges must not create discrimination between passengers or between airport companies. The directive must apply to all Community airports and to all security charges, including those to offset investment made at national level in favour of stricter security measures than those established at European level.
Consultation and transparency. The text of the draft directive confers upon airline companies and their representatives (hence airport users) the right to be consulted at least once a year with respect to the operation of the system of security charges and the level of such charges. The airport managing body shall submit any proposal to modify the system or the level of security charges to the airport users no later than four months before it enters into force, together with the reasons for the proposed changes. Airport users should also be informed at least once a year of the elements determining the level of the charge (minimal list to be established by the directive) such as the list of the different services provided in return for the security charge levied, the method of calculation, the revenue and the cost of each category of security charge levied at the airport, as well as forecasts of the level of security charges. In exchange, airport users must communicate, before each consultation exercise, forecasts as regards traffic, forecasts as to the composition and envisaged use of their fleet, their development projects at the airport concerned, and requirements at the airport concerned. Member states would be free to adopt stricter security measures than those they currently implement, but should carry out an impact assessment with regard to effects on the level of security charges.
Cost-relatedness of security charges. Security charges should be used exclusively to meet security costs. Special account must be taken of: - the cost of financing the facilities and installations dedicated to security operations; - the expenditure on security staff and security operations; - and grants and subsidies allocated by the authorities for security purposes.
Independent supervisory authority. Member states shall, according to the proposal, establish an independent body as their national independent supervisory authority in order to ensure the correct application of the directive. Member states shall guarantee the independence of the supervisory authority by ensuring that it is legally distinct from and functionally independent of any airport managing body or air carrier. According to 2007 Commission figures, security charges levied brought in €1.6 billion, which amounts to about 1% of the average air ticket price. (A.By./transl.jl)