Strategy Meeting Modernisation of State aid control Brussels, 11 Juli 2012 Revision of the Aviation Guidelines Overview I. II. III. IV. V. Where we are? Where do we want to go? What is our starting point? What have we done? What are the main issues for the review? 2 I. Where we are? 3 Liberalisation of air transport market From national air transport market to EU internal market for air transport 1997 – completion of the internal market 1993 – the third liberalisation package 1990 – the second liberalisation package 1988 – the first liberalisation package 1984 -liberalisation of scheduled inter-regional air services Increased competition between airlines and airports 4 New market players – Emergence of the Low Cost Carriers 1994 Aviation Guidelines 2005 Aviation Guidelines Network carrier (incumbent) 44 % 6 5 Low cost carrier 40 % 4 3 2 Regional airlines 16 % 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 0 1996 1 1995 Weekly seats available (millions) 7 Increased competition and low prices for customers Source: OAG summer schedules 5 Increased number of regional airports ~460 airports are used for commercial aviation in the EU Member States Increased number of regional airports facilitates local/regional development, but danger of creation of unused capacity 6 High number of publicly owned airports 77 % of EU airports are still publicly owned Public airports are usually smaller than mixed/privately owned airports Privately owned 9% Mixed ownership 14% 60% 52% 720 M pax 50% 34% 470 M pax 40% 30% 14% 20% 200 M pax 10% Publicly owned 0% Public Mixed Private 77% Vast majority of airports is subsidised Source: ACI 7 High number of small airports ~60 % of airports serve less than 1 million passengers in 2010 Financing of operation of these airports is covered by the 2012 SGEI Decision ~462 airports are used for commercial aviation These airports usually cannot finance their operating costs from own revenue 181 ≤ 200 000 pax These airports usually cannot finance part of their capital costs 97 80 33 ≤ 1 M pax 1 – 3 M pax 3 – 5 M pax These airports are usually selffinancing 71 ≥ 5 M pax Small airports are not able to support all their costs Source: ACI Europe, Data 2010. Source: ACI, Year 2010. 8 II. Where do we want to go? 9 Where we are Where do we want to go Increased competition between airlines and airports No distortion of competition (LCC vs. network carriers) Enabled regional/local development and accessibility Continue to enable regional development and accessibility Airport overcapacity Avoid duplication of unprofitable airports and creation/ maintenance of overcapacity Vast majority of airports are subsidised Avoid waste of public money and reduce the need for public funding (State aid) Airports are not able to cover their costs Airports able to cover their costs and lure private investments into airport 10 III. Our starting point: 2005 Aviation Guidelines and the recent judgments of the Court 11 Public funding of airports is subject to State aid rules 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) Question: Would a profit oriented market economy investor finance the investment of the airport or cover operating losses of the airport? If yes No aid to the airport If no Aid to the airport 12 Aid to airports and airlines is assessed under 2005 Aviation Guidelines Compatibility criteria for investment aid to airports financing airport infrastructure No aid intensity thresholds (up to 100 % on a case by case assessment) and only rarely notified by MS No compatibility criteria for operating aid to airports to finance their losses Exception compensations for Service of General Economic interest only for small airports in remote areas Start-up aid to support launching of new routes from small regional airports Only financing of marketing support allowed and was only rarely used by airports and notified by MS 13 IV. What have we done? 14 What have we done? Contact with stakeholders e. g. ACI Europe, ERAC, IATA, AEA, ELFAA, ERA, individual airports and airlines, etc. Public consultation 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 Majority of the stakeholders supports the revision of the existing guidelines • 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 16 V. What are the main issues for the review? 17 Context and objectives of State Aid Modernisation Support growth Better-prioritised enforcement Streamlined rules and faster decisions Sound use of public resources for growth oriented policies Limit competition distortions that would undermine a level playing field in the internal market 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 18 An integrated approach to assess the financing of airports and their interaction with airlines Aid granted by a Member State 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 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 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 Operating aid to airports Should not be necessary as airports should be able to cover their costs (exception small airports up to 200.000 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) Financing of operation of these airports is covered by the 2012 SGEI Decision Growth potential? Small airports may have problems in financing their operating cost 181 ≤ 200 000 pax Source: ACI Europe. 97 80 33 ≤ 1 M pax 1 – 3 M pax 3 – 5 M pax 71 ≥ 5 M pax 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? Why are airports not able to cover their operating costs? due to unused capacity due to too low airport charges Aid to the airport Aid to the airlines 25 How to exclude existence of aid to airlines by publicly funded airports? Market price Appropriate market benchmarks normally not available at this moment In absence of an appropriate market benchmark Assessment based on a "cost approach" Airlines pay charges corresponding to the costs in accordance with their use of the airport services 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 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 28 Next step Autumn 2012 Consultation Member States, stakeholders and interested parties on a written document 29