Commission Regulation (EC) No 1794/2006 (repealed)Show full title

ANNEX I ASSESSMENT OF THE CONDITIONS FOR THE PROVISION OF AIR NAVIGATION SERVICES AT AIRPORTS FALLING WITHIN ARTICLE 1(6)

The conditions to be assessed under Article 1(6) are the following:

1.

The extent to which air navigation service providers can freely offer to provide or withdraw from the provision of air navigation services at airports:

• the existence or otherwise of any significant economic barriers that would prevent an air navigation service provider from offering to provide or withdrawing from the provision of air navigation services,

• the existence or otherwise of any significant legal barriers that would prevent an air navigation service provider from offering to provide or withdrawing from the provision of air navigation services,

• the length of contract duration,

• the existence of a procedure allowing assets and staff to be transferred from one air navigation service provider to another.

2.

The extent to which airports can freely determine who will provide their air navigation services, including the option to self-supply:

• the ability or otherwise of airports to move towards self-supply of air navigation services,

• the existence or otherwise of legal, contractual or practical barriers to an airport’s ability to change air navigation service provider,

• the role of airspace users’ representatives in the selection process of the air navigation service provider.

3.

The extent to which there is a range of air navigation service providers from which airports can choose:

• the existence or otherwise of structural rigidity which restricts the effective choice of the air navigation services for airports,

• evidence of alternative air navigation service providers, including the option of self-supply that provides choice in the selection of air navigation services by airports.

4.

The extent to which airports are subject to commercial cost pressures or incentive-based regulation:

• whether airports actively compete for airline business,

• the extent to which airports bear the air navigation service charge,

• whether airports operate in a competitive environment or under economic incentives designed to cap prices or otherwise incentivise cost reductions.

ANNEX II TRANSPARENCY OF THE COST BASE

1. REPORTING TABLE

Member States and air navigation service providers shall fill the following reporting table for each charging zone under their responsibility.

The figures shall be actual figures for year (n – 3) until year (n – 1) and planned figures for year (n) onwards. Actual costs shall be established on the basis of the certified accounts. Planned costs shall be established in accordance with the business plan required by the certificate referred to in Article 7 of the service provision Regulation.

Costs shall be established in national currency.

Table 1

Total costs

Organisation:

Charging zone:

Year n:

	(n – 3)A	(n – 2)A	(n – 1)A	(n)F	(n + 1)F	(n + 2)P	(n + 3)P	(n + 4)P	(n + 5)P
Detail by nature
Staff
Other operating costs
Depreciation
Cost of capital
Exceptional items
Total costs
Detail by services
Air traffic management
Communication
Navigation
Surveillance
Search and rescue
Aeronautical information
Meteorological services
Supervision costs
Other State costs
Total costs

	(n – 3)A	(n – 2)A	(n – 1)A	(n)F	(n + 1)F	(n + 2)P	(n + 3)P	(n + 4)P	(n + 5)P
Complementary information on the exchange rate of the national currency with the euro
Exchange rate (1 EUR =)

	(n – 3)A	(n – 2)A	(n – 1)A	(n)F	(n + 1)F	(n + 2)P	(n + 3)P	(n + 4)P	(n + 5)P
Complementary information on the cost of capital
Average operating capital
Of which, average long term assets
Cost of capital before tax (%)
Return on equity (%)
Average interest on debts (%)

2. ADDITIONAL INFORMATION

In addition, Member States and air navigation service providers shall provide at least the following information:

• description of the methodology used for allocating costs of facilities or services between different air navigation services based on the list of facilities and services listed in ICAO Regional Air Navigation Plan, European Region (Doc 7754) and a description of the methodology used for allocating those costs between different charging zones,

• description and explanation of the differences between planned and actual figures for year (n – 1),

• description and explanation of the five-year planned costs based on the business plan,

• description of the costs incurred by Member States (Other State costs),

• description and explanation of the method adopted for the calculation of depreciation costs: historic costs or current costs. When current cost accounting is adopted, provision of comparable historic cost data,

• justification for the cost of capital, including the components of the asset base,

• description of the cost for each airport for each terminal charging zone; for aerodromes with less than 20 000 commercial air transport movements per year being calculated as the average over the previous three years, costs may be presented in an aggregated way per aerodrome,

• breakdown of the meteorological costs between direct costs and ‘MET core costs’ defined as the costs of supporting meteorological facilities and services that also serve meteorological requirements in general. These include general analysis and forecasting, weather radar and satellite observations, surface and upper-air observation networks, meteorological communication systems, data-processing centres and supporting core research, training and administration,

• description of the methodology used for allocating total MET costs and MET core costs to civil aviation and between charging zones.

ANNEX III SPECIFIC TRANSPARENCY REQUIREMENTS FOR THE PROVISION OF AIR NAVIGATION SERVICES AT AIRPORTS FALLING WITHIN ARTICLE 1(6)

1. THE COSTS OF AIR NAVIGATION SERVICES

1.1. Reporting table

Air navigation service providers shall fill the following reporting table for each terminal charging zone under their responsibility.

The figures shall be actual figures for year (n – 3) until year (n – 1) and planned figures for year (n) onwards. Actual costs shall be established on the basis of the certified accounts. Planned costs shall be established in accordance with the business plan required by the certificate.

Costs shall be established in National currency.

Table 1

Total costs

Organisation: Charging zone: Year n:
	(n – 3)A	(n – 2)A	(n – 1)A	(n)F	(n + 1)F	(n + 2)P	(n + 3)P	(n + 4)P	(n + 5)P
Detail by nature
Staff
Other operating costs
Depreciation
Cost of capital
Exceptional items
Total costs

1.2. Additional information

In addition, air navigation service providers shall provide at least the following information:

• description of the methodology used for allocating costs of facilities or services between different air navigation services based on the list of facilities and services listed in ICAO Regional Air Navigation Plan, European Region (Doc 7754),

• description and explanation of the differences between planned and actual non-confidential figures for year (n – 1),

• description and explanation of non-confidential five-year planned costs and investments in relation to expected traffic,

• description and explanation of the method adopted for the calculation of depreciation costs: historic costs or current costs,

• explanation for the cost of capital.

2. THE FINANCING OF AIR NAVIGATION SERVICES

Air navigation service providers shall provide the following information for each terminal charging zone:

• description of the way(s) by which the costs of air navigation services are financed.

ANNEX IV CALCULATION OF THE ENROUTE SERVICE UNITS

1. The enroute service unit shall be calculated as the multiplication of the distance factor and the weight factor for the aircraft concerned.

2. The distance factor shall be obtained by dividing by one hundred the number of kilometres flown in the great circle distance between the entry and the exit point of the charging zones, according to the latest known flight plan filed by the aircraft concerned for air traffic flow purposes.

3. If the exit and entry point of one flight are identical in a charging zone, the distance factor shall be equal to the distance in the great circle distance between these points and the most distant point of the flight plan.

4. The distance to be taken into account shall be reduced by 20 kilometres for each take-off from and for each landing on the territory of a Member State.

5. The weight factor, expressed as a figure taken to two decimal places, shall be the square root of the quotient obtained by dividing by fifty the number of metric tons in the maximum certificated take-off weight of the aircraft as shown in the certificate of airworthiness or any equivalent official document provided by the aircraft operator. Where this weight is unknown, the weight of the heaviest aircraft of the same type known to exist shall be used. Where an aircraft as multiple certificated maximum take-off weights, the maximum one shall be used. Where an aircraft operator operates two or more aircraft which are different versions of the same type, the average of the maximum take-off weights of all his aircraft of that type shall be used for each aircraft of that type. The calculation of the weight factor per aircraft type and per operator shall be effected at least once a year.

ANNEX V CALCULATION OF THE TERMINAL SERVICE UNITS

1. The terminal service unit shall be equal to the weight factor for the aircraft concerned.

2. The weight factor, expressed as a figure taken to two decimal places, shall be the quotient, obtained by dividing by fifty the number of metric tons in the highest maximum certified take-off weight of the aircraft, referred to in Annex IV, paragraph 5, to the power of 0,7. However, in a transitional period of five years following the calculation of the first terminal unit rate under this Regulation, this exponent shall be comprised between 0,5 and 0,9.

ANNEX VI CHARGING MECHANISM

1. REPORTING TABLE

Member States shall fill the following reporting table for each charging zone under their responsibility. Member States shall also provide a consolidated Table 1 for each charging zone under their responsibility. When a charging zone extends across the airspace of more than one Member State, they shall fill the table jointly in accordance with the arrangements referred to in Article 4(4).

The figures shall be actual figures for year (n – 3) until year (n – 1) and planned figures for year (n) onwards. The ‘Total costs’ shall be established as the sum of all total costs presented in Table 1 which are allocated to this charging zone.

Table 2

Unit rate calculation

Organisation(s):

Charging zone:

Year n:

a As the sum of all total costs presented in Table 1 which are allocated to this charging zone (when certain air navigation services are outsourced, the cost to be taken into account shall be the cost of the annual expenditure).
b Unit Rate = Chargeable cost/Chargeable service units.
	(n – 3)A	(n – 2)A	(n – 1)A	(n)F	(n + 1)F	(n + 2)P	(n + 3)P	(n + 4)P	(n + 5)P
Unit rate (in euro)
Total costsa
Costs of exempted flights
Amounts carried over to year (n)
Income from other sources
Chargeable costs
Total service units
Chargeable service units
Unit rate b

	(n – 3)A	(n – 2)A	(n – 1)A	(n)F	(n + 1)F	(n + 2)P	(n + 3)P	(n + 4)P	(n + 5)P
Unit rate (in national currency)
Exchange rate (1 EUR =)
Unit rate

	(n – 3)A	(n – 2)A	(n – 1)A	(n)F	(n + 1)F	(n + 2)P	(n + 3)P	(n + 4)P	(n + 5)P
Balance to be carried over (in national currency)
Charges billed to users
Actual total costs
Income from other sources
Actual costs of exempted flights
Amounts carried over to year (n)
Balance of year (n)

2. ADDITIONAL INFORMATION

In addition, the Member States concerned shall collect and provide at least the following information:

• description and rationale for the establishment of the different charging zones, in particular with regard to terminal charging zones and potential cross-subsidies between airports,

• description and explanation on the calculation of the forecast chargeable service units,

• description and explanation of the methodology used with respect to the recovery of the balance resulting from over or under recovery of previous years,

• description of the policy on exemptions and a description of the financing means to cover the related costs,

• description of the income from other sources when they exist,

• description and explanation of incentives applied on air navigation service providers and, in particular, the modalities to be applied in setting regulatory conditions on the level of unit rates. Description and explanation of the objectives in terms of performance and on the modalities to take them into account in the setting of maximum unit rates,

• description of the plans of air navigation service providers in order to meet projected demand and performance objectives,

• description and explanation of incentives applied on users of air navigation services.