Revision of the Aviation Guidelines Strategy Meeting Modernisation of State aid control Brussels, 11 Juli 2012

Overview I.Where we are? II.Where do we want to go? III.What is our starting point? IV.What have we done? V.What are the main issues for the review? 2

I. Where we are? 3

Liberalisation of air transport market liberalisation of scheduled inter-regional air services 1988 – the first liberalisation package 1990 – the second liberalisation package 1993 – the third liberalisation package 1997 – completion of the internal market From national air transport market to EU internal market for air transport 4 Increased competition between airlines and airports

New market players – Emergence of the Low Cost Carriers Source: OAG summer schedules Weekly seats available (millions) Network carrier (incumbent) 44 % Regional airlines 16 % Low cost carrier 40 % 2005 Aviation Guidelines 1994 Aviation Guidelines Increased competition and low prices for customers 5

Increased number of regional airports ~460 airports are used for commercial aviation in the EU Member States 6 Increased number of regional airports facilitates local/regional development, but danger of creation of unused capacity

High number of publicly owned airports Source: ACI 77 % of EU airports are still publicly owned Publicly owned 77% Privately owned 9% Mixed ownership 14% 52% 720 M pax 34% 470 M pax 14% 200 M pax 0% 10% 20% 30% 40% 50% 60% PublicMixedPrivate Public airports are usually smaller than mixed/privately owned airports 7 Vast majority of airports is subsidised

High number of small airports 8 ~60 % of airports serve less than 1 million passengers in 2010 Source: ACI Europe, Data Small airports are not able to support all their costs ~462 airports are used for commercial aviation pax M pax 1 – 3 M pax3 – 5 M pax 5 M pax Source: ACI, Year These airports usually cannot finance their operating costs from own revenue These airports usually cannot finance part of their capital costs Financing of operation of these airports is covered by the 2012 SGEI Decision These airports are usually self- financing

II. Where do we want to go? 9

Where we are Increased competition between airlines and airports 10 Where do we want to go Enabled regional/local development and accessibility Airport overcapacity Vast majority of airports are subsidised Airports are not able to cover their costs No distortion of competition (LCC vs. network carriers) Continue to enable regional development and accessibility Avoid duplication of unprofitable airports and creation/ maintenance of overcapacity Avoid waste of public money and reduce the need for public funding (State aid) Airports able to cover their costs and lure private investments into airport

III. Our starting point: 2005 Aviation Guidelines and the recent judgments of the Court 11

Operation of an airport and construction of airport infrastructure is an economic activity, except activities falling within public policy remit, e. g. police, customs, air traffic control (Judgement of 12 December 2000 in Aéroport de Paris case, confirmed by Leipzig-Halle airport judgement of 24 March 2011) Public funding of airports is subject to State aid rules 12 Question: Would a profit oriented market economy investor finance the investment of the airport or cover operating losses of the airport? No aid to the airport Aid to the airport If yesIf no

Aid to airports and airlines is assessed under 2005 Aviation Guidelines 13 Compatibility criteria for investment aid to airports financing airport infrastructure No compatibility criteria for operating aid to airports to finance their losses Start-up aid to support launching of new routes from small regional airports No aid intensity thresholds (up to 100 % on a case by case assessment) and only rarely notified by MS Exception compensations for Service of General Economic interest only for small airports in remote areas Only financing of marketing support allowed and was only rarely used by airports and notified by MS

IV. What have we done? 14

What have we done? Contact with stakeholders Public consultation e. g. ACI Europe, ERAC, IATA, AEA, ELFAA, ERA, individual airports and airlines, etc. 7 April 2011 – 7 June 2011: 89 replies providing feedback on the recent market developments: 21 Member States, Norway and 12 regional authorities 22 Airports, 9 Airlines, 14 Airline and airport associations 15

Main results of the public consultation Simplification and increased transparency More enforcement of State aid rules to airports and airlines Need for special rules for small airports and airports in remote areas More predictable rules for investment aid (clarifications on eligible costs and aid intensity thresholds) Rules to avoid distortion of competition between airports located in the same catchment Majority of the stakeholders supports the revision of the existing guidelines 16

V. What are the main issues for the review? 17

Context and objectives of State Aid Modernisation 18 Sound use of public resources for growth oriented policies Limit competition distortions that would undermine a level playing field in the internal market Support growth Better-prioritised enforcement Streamlined rules and faster decisions Strengthen the quality of the Commission's scrutiny Avoid financing overcapacities in airport infrastructure Limit operating aid to airports and airlines Clearer and more transparent rules

An integrated approach to assess the financing of airports and their interaction with airlines Publicly financed airports might reduce the price for the airport services rendered to the airlines Airlines using this airport could indirectly benefit from an aid 19 Aid granted by a Member State

Policy perspective Current situation Transitional period Steady state regime 20

Where we want to go in the long-term: A "steady state" regime Investment aid to airports Operating aid to airports Range of permissible maximum aid intensities depending on the size Necessity and proportionality to be demonstrated Additional capacity created meets medium-term demand in the catchment area and does not lead to duplication of unprofitable infrastructure Should not be necessary as airports should be able to cover their costs (exception small airports up to which can be declared SGEI) 21

Need for a transitional period? A transitional period could make sense in order to give airports time to adjust and to grow into viability (economies of scale) pax M pax 1 – 3 M pax3 – 5 M pax 5 M pax Small airports may have problems in financing their operating cost Financing of operation of these airports is covered by the 2012 SGEI Decision Growth potential? Source: ACI Europe. 22

High number of airports manages to grow into a more viable size Calculation based on a sample of 245 EU (total number of airports in EU = 462). Source: Data ACI Europe. 23

How can transitional period be designed? Investment aid to airports Operating aid to airports No phasing-in needed Immediate introduction of the "steady stage" Operating aid to airports under certain conditions allowed [with a passenger volume of less than x mio passengers] 24

Under which conditions could operating aid to airports be allowed? due to unused capacity due to too low airport charges Why are airports not able to cover their operating costs? Aid to the airportAid to the airlines 25

How to exclude existence of aid to airlines by publicly funded airports? Market price Airlines pay charges corresponding to the costs in accordance with their use of the airport services Appropriate market benchmarks normally not available at this moment Assessment based on a "cost approach" In absence of an appropriate market benchmark 26

Airport charges and aid to airlines "Steady state" regime No aid to the airlines airport charges = market price (benchmarking) airport charges (including non-aeronautical revenues) cover airport's costs Transitional period Compatible aid to the airlines, if the airport charges cover at least 100 % of operating costs to secure that the attraction of the new airlines does not create operating losses to the airport 27

Summary of our policy objectives 28 Clearer approach to aid financing new investments at airports would allow the financing of investments that meet the demand of airlines, passengers and freight and do thus not lead to a duplication of unprofitable infrastructure Transitional period for operating aid to airports during which part of operating costs due to unused capacity could be covered Transparent and clear rules as regards operating aid to airlines

Next step 29 Autumn 2012 Consultation Member States, stakeholders and interested parties on a written document