Wednesday 13 May 2009

EU: Aviation security charges (methods)

The Commission proposes a new Directive: Proposal for a Directive on aviation security charges (Brussels, 11.5.2009 COM(2009) 217 final).

The procedure number to follow is 2009/0063 (COD).

The proposal is accompanied by two documents SEC(2009) 615 final and SEC(2009) 616 final, not yet posted on Eur-Lex under Preparatory acts > SEC documents.


Comments on search

Without going into the substance of these security charges, important for the aviation industry, one can see how the Commission proposals have been evolving over time.

Having the procedure number from the outset makes it easy to follow the procedure (PreLex, Legislative Observatory).

Impact assessments, policy options as well as subsidiarity and proportionality are discussed, among others.


Transport – legal base

Transport is a somewhat special policy area of the European Community, seen to have its distinctive features, so the legal base of the proposed Directive is not in the general provisions on harmonisation (approximation) in the internal market, but specifically Article 80(2) of the Treaty establishing the European Community (TEC):

Article 80 TEC

1. The provisions of this title shall apply to transport by rail, road and inland waterway.

2. The Council may, acting by a qualified majority, decide whether, to what extent and by what procedure appropriate provisions may be laid down for sea and air transport.

The procedural provisions of Article 71 shall apply.


As we see, there is some method to this madness.

Ralf Grahn

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