EC Fitness Check on airport regulations

29 April 2024: The European Commission has launched a call for evidence for a Fitness Check on the EU airport regulatory acquis – i.e., the Slots Regulation No 95/93, the Ground Handling Directive 96/97/EC and the Airport Charges Directive 2009/12/EC – to determine if it is still fit for purpose and delivering on its objectives. Feedback is open until 6 June 2024 via the EU 'Have Your Say' portal.

The specific objectives against which the EU airport legislation will be evaluated are as follows:

1. Efficient use and pricing of airport capacity and ground handling services, delivering connectivity in line with consumer preferences and needs of airport users.
2. Facilitate adequate competition and a level playing field between airports, airlines and other service providers.
3. Transparent and independent oversight over slot allocation, setting of airport charges and awarding of ground.handling contracts.
4. Adequacy of airport and ground-handling services in terms of quantity, quality, reliability, resilience, investment needs.

The Fitness Check will aim to answer the question whether the existing EU body of law on airports is still effective in achieving the above-mentioned specific objectives and whether it is the most efficient and cost-effective way to achieve them. It will assess whether, considering recent market developments, the rules are still relevant in light of the original but also new political priorities (sustainability, green investments and incentivising environmental performance, resilience and easing administrative burden) and coherent with other EU legislation and policy.

Particular attention will be paid to links and synergies between the three pieces of legislation and other provisions affecting airport capacity (Regulation No. 1008/2008 on air services – traffic distribution rules, Public Service Obligations – and Regulation No. 598/2014 relating to airport noise management), and to the interaction with competition law (including State aid law) and other policy frameworks such as energy, environment and climate policy. Further input will also be sought from the Commission’s advisory committees, notably the Thessaloniki Forum of Airport Charges Regulators and the Sectoral Social Dialogue Committee for Civil Aviation.

The findings of the Fitness Check will feed into any possible future legislative or non-legislative action in the area.

Next steps

• ERA will circulate a draft response in the coming weeks
• The targeted stakeholders’ consultation (detailed survey, case studies and interviews with the consultant) will start after summer 2024
• A 12-week public consultation will be launched separately in Q4 2024