Procedures for the Determination and Changing of Airport Charges
1. This Regulation prescribes the procedures by which airport charges shall be determined and changed in the Republic of Latvia in respect of an airport where the number of passengers serviced during a year exceeds five million, or, if there are no such, in respect of an airport with the largest number of passengers.
2. The following terms shall be used in this Regulation (the terms shall be interpreted also complying with the content of these terms specified in the European Union law):
2.1. airport managing body - a body which manages the infrastructure of an airport, as well as co-ordinates and controls the activities of aviation operator at an airport;
2.2. airport user - a natural person or legal person who is responsible for the carriage of passengers, mail or freight by air;
2.3. airport charge - 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, as well as processing of passengers and freight;
2.4. airport users committee - representatives authorised by the airport users committee, who, in accordance with the original operational document of the airport users committee, are entitled to participate in voting regarding airport charges;
2.5. airport network - a network of airports operated by the same airport managing body.
[6 September 2011]
3. This Regulation shall not apply to charges collected in accordance with:
3.1. Commission Regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for air navigation services;
3.2. Cabinet Regulation No. 447 of 17 June 2008, Procedures for Granting Access to the Airport Ground Handling Market;
3.3. Regulation (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.
4. The State agency "Civil Aviation Agency" (hereinafter - Civil Aviation Agency) shall publish on its Internet home page a list of the airports of the Republic of Latvia to which the requirements of this Regulation shall apply, and, where necessary, update the information each year.
5. When determining the airport charges for an airport network, non-discriminatory conditions shall be specified for all airports included therein in respect of application of the airport charges.
6. The criteria for determination of the airport charges shall be impartial, transparent and non-discriminatory in respect of all airport users.
7. When determining the airport charges, the airport managing body shall comply with the following principles:
7.1. the principle of conformity - the charges and resources shall be applied to the specific service, which are directly or indirectly related to the provision of services;
7.2. the principle of transparency;
7.3. the principle of legal equality;
7.4. the principle of justice.
8. The airport managing body may differentiate the airport charges according to the quality, amount and costs of services or other objective criterion, insofar as it is not in contradiction with Paragraph 7 of this Regulation.
9. The airport managing body shall ensure that the airport charges, including the differentiation of airport charges and quality of services, is co-ordinated with the airport users, by mutual consultation. Consultations shall be organised not less than once a year, if no other agreement has been reached during previous consultations.
10. If the airport managing body plans to change the determined airport charges, it shall request the following information from the airport users:
10.1. forecasts for carriage by air (number of passengers, number of flights, new destinations) for a period of at least three years;
10.2. the number and type of aircraft and forecasts for the anticipated use thereof for a period of at least three years;
10.3. information regarding planned development projects in the relevant airport;
10.4. information regarding the provision of activities for the needs of users in the relevant airport;
10.5. timetable for the next season.
11. The airport users shall submit the information referred to in Paragraph 10 of this Regulation to the airport managing body not later than 20 working days after receipt of the request.
12. The airport managing body shall prepare economically justified proposals regarding changes to the airport charges, and not later than four months prior to the entering into effect of the anticipated changes, shall send them to the airport users for co-ordination.
13. When submitting the proposals referred to in Paragraph 12 of this Regulation to the airport users regarding specific changes to the airport charges, the airport managing body shall include at least the following information therein:
13.1. the amount of the airport charges collected in the previous taxation period and the resources involved in the provision of the specific service;
13.2. the methodology used for determining airport charges;
13.3. the overall cost structure for a service to which the airport charge is applicable;
13.4. the income earned during the taxation period from the specific airport charges and the total costs related to the specific service;
13.5. information regarding any direct or indirect State funding related to the specific service;
13.6. forecasts regarding changes to carriage by air at the airport, investments and any anticipated impact of significant investment proposals on the airport charges and capacity;
13.7. the actual use of the airport infrastructure and facilities during a specific time period.
14. The airport users may, not later than 30 days after receipt of the proposal referred to in Paragraph 12 of this Regulation, submit proposals to the airport managing body or justified objections regarding the planned changes to the airport charges.
15. After receipt and evaluation of the proposals or objections of the airport users the airport managing body shall send information to the airport users regarding the date, place and time of the mutual consultations of the airport managing body and the airport users committee.
16. During the consultations the airport managing body shall:
16.1. inform regarding the airport development plans for at least the subsequent three years;
16.2. consult with the airport users regarding the completion of new infrastructure projects;
16.3. consult with the airport users regarding the recommended changes to the airport charges;
16.4. consult with the airport users regarding the quality of services and the conditions of the service agreement;
16.5. inform regarding the aggregate of services provided, which the airport users are entitled to receive on payment of the airport charges;
16.6. inform regarding the differentiation of the airport charges according to the quality, amount and costs
16.7. inform regarding the planned changes to the level of airport costs;
16.8. justify the new airport charges, including the methodology used for the calculation of airport charges;
16.9. inform regarding the quality and extent of the centralised infrastructure, in order to provide specially adapted services to any airport user.
17. The airport managing body shall consult with the airport users during the consultations referred to in Paragraph 16 of this Regulation regarding the proposed changes to the airport charges and, when deciding on the changes in the airport charges, shall take into account the justified opinion of the airport users.
18. If exceptional circumstances take effect, the airport managing body may reduce the time periods specified in Paragraphs 11, 12 and 14 of this Regulation, informing the airport users accordingly and providing an appropriate justification.
[6 September 2011]
19. The airport charges which have been deliberated during the consultations referred to in Paragraph 16 of this Regulation, shall be considered to be co-ordinated if they have received approval in accordance with the voting procedures specified in the original operational document of the airport users committee.
20. The airport managing body shall, within five working days after co-ordination referred to in Paragraph 19 of this Regulation, publish information on the Internet home page of the airport regarding the results of the consultations referred to in Paragraph 16 of this Regulation, as well as the deadline for the entering into effect of the airport charges approved by the airport managing body, which shall not be less than two months after publication. The charges, which are determined by the Cabinet in compliance with the authorisation contained in the Law On Aviation, shall enter into effect after approval thereof by the Cabinet, complying with the deadline for entering into effect referred to in this Paragraph.
21. If agreement is not reached following the consultations referred to in Paragraph 16 of this Regulation, the airport managing body shall submit a request to the Civil Aviation Agency to provide an opinion regarding the conformity of the airport activities with effective competition in relation to the unco-ordinated matters.
22. The airport managing body shall append the information referred to in Paragraphs 10, 13 and 16 of this Regulation to the request referred to in Paragraph 21 of this Regulation.
23. In order to evaluate the changes in the airport charges objectively, the Civil Aviation Agency may request:
23.1. from the airport managing body:
23.1.1. copies of service agreements entered into between the airport managing body and all airport users, or draft agreements related to the airport charges;
23.1.2. copies of statements regarding the mutual comparison of settlement of accounts with the airport users;
23.1.3. other necessary documents and information;
23.2. from the airport users - information regarding a non-conformity of the quality of services (if any) with the service quality indicators.
24. The Civil Aviation Agency shall, within 20 working days after receipt of the information and documents referred to in Paragraphs 21 and 23 of this Regulation, based on the information at the disposal thereof, evaluate the conformity of the airport activities with effective competition and the conformity of the methodology for the determination of the airport charges with the principles referred to in Paragraph 7 of this Regulation, including the compliance of the calculation of the airport charges with the following criteria:
24.1. the methodology for the determination of the airport charges co-ordinated with the airport users;
24.2. the quality indicators anticipated in the agreements entered into;
24.3. the condition that the airport charges are economically justified;
24.4. the conditions of effective competition.
25. The Civil Aviation Agency may extend the deadline referred to in Paragraph 24 of this Regulation by four months, if a detailed assessment of the conditions referred to in Paragraph 24 of this Regulation is required. In such case the deadline for the entering into effect of the relevant airport charges shall be extended in order to ensure the compliance thereof with the conditions referred to in Paragraph 29 of this Regulation.
26. After receipt of the request referred to in Paragraph 21 of this Regulation, the Civil Aviation Agency may invite experts, organise meetings and hear the opinions and arguments of the airport managing body and the airport users, as well as request that the airport managing body and the airport users submit any additional information within a specified deadline.
27. Information related to the determination of the airport charges shall be considered to be a commercial secret.
28. After assessment of the criteria referred to in Paragraph 24 of this Regulation the Civil Aviation Agency shall provide an opinion to the airport managing body. The airport charges may enter into effect if a favourable opinion has been received from the Civil Aviation Agency.
29. The airport managing body shall ensure that after receipt of a favourable opinion from the Civil Aviation Agency the payments which, in compliance with the authorisation included in the Law On Aviation is determined by the Cabinet, are submitted for approval to the Cabinet, complying with the procedures specified by the regulatory enactments regulating the Cabinet activities. The airport charges shall enter into effect not sooner than two months after publication thereof.
30. The Civil Aviation Agency, when publishing the annual public report, shall include a description of the activities specified in this Regulation.
Informative Reference to the European Union Directives
This Regulation contains legal norms arising from Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges.
Prime Minister V. Dombrovskis
Minister for Transport U. Augulis
Translation © 2013 Valsts valodas centrs (State Language Centre)
Title: Lidlaukā sniegto pakalpojumu maksas noteikšanas un mainīšanas kārtība Status: