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04 November 2020
With Decision 136/2020, the Transport Regulatory Authority has once again addressed the regulatory models for airport charges, introducing significant amendments that companies which manage Italian airports open to commercial traffic of passengers, cargo and mail must follow. The new provisions will come into force on 1 July 2021.
The authority is the independent national entity responsible for the oversight, regulation and negotiation of airport charges between airport managing companies on the one hand and airport users (airlines and operators) on the other.
The authority's competence was recently extended by Article 10 of Law 37/2019, according to which the scope of its operations now include all Italian airports, while before said reform, the largest national airports (ie, Rome Fiumicino, Milan Malpensa and Venice Marco Polo) were exempt from the regulatory models for airport charges and could directly negotiate the applicable charges with the government (ie, so-called 'contratti in deroga'). On this basis, as per Decision 136/2020, the authority has established new regulatory schemes which will apply to all national airports regardless of the size of traffic, with a distinction to be made between airports that:
The Italian Civil Aviation Authority's annual statistics are used to calculate airport traffic and, where unavailable, the Italian Airports Association's statistics are used.
The changes to the regulatory models aim to:
In parallel, airport charges will be set according to the following principles:
In general terms, the new airport charges model provides for a consultation phase between airport managing companies and users (with a simplified procedure for smaller airports under Model B), through which they can seek an agreement on the application and review of the charges and the associated quality levels of services and environmental protection. In this respect, the infrastructure investments made – and those already planned – by the airport managing companies are the main elements considered to determine the annual value of the applicable charges. The authority is called to ensure the regularity of the consultation and, in case of disagreement, to initiate a dispute resolution procedure which is finally settled by way of a decision of the same authority.
For further information on this topic please contact Laura Pierallini at Studio Legale Pierallini e Associati by telephone (+39 06 88 41 713) or email (firstname.lastname@example.org). The Studio Legale Pierallini e Associati website can be accessed at www.studiopierallini.it.
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