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air traffic services or air navigation services.
In terms of section 5 of Air Traffic and Navigation Services Company Act, the Company is allowed to levy air traffic
service charges...”
SOURCE DATED: 4 AUGUST 2008.
Airports
“South Africa has regulatory tools in place that deal with economic oversight of airport and air navigation charges. Our
charges are regulated in terms of a document called the Permission that is valid for 5 years.
The regulating Committee (RC), a statutory body appointed by the Minister carries out economic oversight. The RC is
tasked with the economic and service standard regulation of Airports Company South Africa (ACSA) for airport
charges and of Air Traffic and Navigation Services (ATNS) for air navigation charges.
To facilitate economic regulation of ACSA, the RC is vested with the powers to issue Permissions to levy airport and
air navigation charges.”
Air navigation services
“South Africa has regulatory tools in place that deal with economic oversight of airport and air navigation charges. Our
charges are regulated in terms of a document called the Permission that is valid for 5 years.
The regulating Committee (RC), a statutory body appointed by the Minister carries out economic oversight. The RC is
tasked with the economic and service standard regulation of Airports Company South Africa (ACSA) for airport
charges and of Air Traffic and Navigation Services (ATNS) for air navigation charges.
To facilitate economic regulation of ACSA, the RC is vested with the powers to issue Permissions to levy airport and
air navigation charges.”
SUPPLEMENT TO DOC 9082 67
SPAIN
SOURCE DATED: 15 JUNE 2001.
“The approach charge is consistent with general ICAO guidelines and the standards applied in the EUROCONTROL
system of en-route navigation tariffs.
Legally, airport charges at Spanish airports are fees. Their essential elements are regulated by law, and the amounts can
be set by Ministerial Order. The basic principles governing the system of tariffs for aeronautical services at Spanish
airports are:
– Non-discrimination
– Transparency
– Cost-relatedness
These principles are based both on the charter of ICAO (Chicago Convention, 1944) and on later recommendations.
Spain complies strictly with the first two principles in applying its aeronautical tariffs, charging the same amount for
equivalent aviation services, as determined by aircraft type and/or characteristics, distance flown and/or administrative
and customs formalities (non-discrimination), and ensuring the regular exchange of precise and transparent
information between users and airports and at annual bilateral meetings with airline associations, where proposed
tariffs are announced (transparency).
With respect to the principle of cost-relatedness, the aeronautical tariffs at Spanish airports do not cover the costs of
providing the services in question, being very much lower. In the years to come, Spain will be following the policy
established in the national legislation that regulates such tariffs, adjusting the level of tariffs until they cover the costs
of the services provided.
As regards air navigation facility tariffs, Spain follows the system established by the EUROCONTROL States for
en-route charges.”
SOURCE DATED: 18 SEPTEMBER 2003.
“Airport charges are legally defined as fees, being the general governing standard for these charges Law 8/1989 on
Public Fees and Prices, as amended by Law 25/1998 of 13 July on the amendment of the Legal Scheme for State and
Local Fees and for the Reorganization of Equity Benefits of a Public Nature. Said law sets forth a number of legally
binding principles, some of which would conform to the criteria set forth in paragraphs 22 and 23.”
As regards to the cost basis for the setting of charges, the abovementioned law stipulates the following:
Section 7. Equivalence principle: “Fees shall tend to cover the cost of the service or activity object of their levy”.
Section 19. Quantitative elements of fees:
Sub-section 2. “In general and in accordance with the provisions of the following paragraph, the amount of fees for
services or activities shall not exceed, as a whole, the cost of the service or activity in question or else, the value of the
benefit received.”
Sub-section 3. “In order to set said amount, direct and indirect costs shall be taken into account, including financial
costs, amortization of fixed assets and, in this case, those costs necessary to ensure maintenance and a reasonable
development of the service or activity for which the fee is levied, irrespective of the budget allocated for said costs”.
As regards to the systems for the imposition of airport charges, Law 8/1989, Article 18, sets forth the
　
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