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Order Of 13 May 1994 Laying Down The Rates Of Public Prices That Govern In Spanish Airports.

Original Language Title: Orden de 13 de mayo de 1994 por la que se fijan las tarifas de los precios públicos que han de regir en los aeropuertos españoles.

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TEXT

The Order of 16 July 1992 fixing the rates of public prices to be applied at Spanish airports, was born in essence of the need to adjust the regulation of public prices to change. the legal system experienced by the managing body to be perceived by the National Airports Authority and the establishment of the public body Airports Spanish and Air Navigation.

since its publication, the Order referred to has been two partial amendments, which are motivated by the need to comply with the Single European Act, in which it is determined that the necessary measures must be adopted for the to make progress on the internal market, which must be translated into a borderless area.

The harmonisation process is initiated with the Order of 18 December 1992, which amends the tariff for the use of infrastructure and complementary airport facilities at the Spanish airports established in the Order of 16 July 1992. In this Order, the reference point to which the national passenger tariff has to be gradually converted, up to its level with the rates for intra-Community passengers, is fixed.

Finally, by the Order of 18 January 1993, the definition of a passenger is amended for the purposes of applying and crediting the tariff referred to in the preceding paragraph, since the definition given until that time concerned certain users of the air transport of difficult cataloging as travellers.

The new regulation of public prices, which is now being established, represents a further step forward in the process of harmonisation in stages of the tariff for the use of infrastructure and complementary airport facilities, to the to reduce the difference between the fare for passengers to an airport on Spanish territory and the fare for passengers to a Member State of the European Economic Area already today. In this way, this rate is in line with the convergence objectives of the Maastricht Treaty.

Prices that have an impact on the cost of airlines, in the wake of the crisis affecting the sector, are only increased by 3 per 100, falling below the general CPI. The rest of the public prices are updated either by applying the CPI or by adjusting the prices to the market when it comes to activities that are offered under free competition.

Under its virtue, on a proposal from the public authorities Spanish Airports and Air Navigation, I have:

First.-With the effects of the first day of the month following the publication of this Order in the Official State Gazette, the public prices set out in Annex I, managed by the public authorities, will enter into force. Spanish Airports and Air Navigation.

Second.-For the interpretation of the terms referred to in this Order, the following definitions shall be taken into account:

Payload: Passenger, baggage, freight, and mail cargo, carried on the aircraft.

Landing: Act of departure from an aircraft after landing, except for crew members or passengers who continue the journey during the next stage of the same direct flight.

Boarding: Act of boarding an aircraft for the purpose of starting a flight, except for those crew or passengers who have embarked on one of the previous stages of the same direct flight.

Commercial Scale: Stop the purpose of which is the loading or unloading of the payment.

Technical scale: Scale or landing for purposes other than boarding or landing of payment.

Time between Calzos: A time to stay on an aircraft, counted from the moment it stops at the parking point until it gets moving.

Direct flight: An operation of the aircraft that the operator identifies in its entirety by designating it with the same symbol from the point of origin, via any intermediate points, to the point of destination.

Third. For the purposes of the application of the public prices collected in this Order, the classification of the Spanish airports will be as shown in Annex II.

Fourth. -The public entity Spanish Airports and Air Navigation may cease to provide any of the services to which this Order refers to those who are debtors of it for any concept, except that, according to the Article 27 of Law 8/1989, of 13 April, of Fees and Public Prices, the advance payment or the prior deposit of the amount of the service.

Fifth. The airport authority may require the filing of any supporting documents in order to verify or sell the fees set forth in this Order.

Sixth.-The amount of the different rates will be the amount of the indirect taxes that will be imposed on the provision of the services that are the object of those, in the terms established in the current tax legislation.

Seventh. -The public prices entered in the Order of 16 July 1992, not regulated in the present, acquire the condition of private prices and will be governed by the following criteria:

(a) The activities subject to tariffs will continue to apply the same amounts as set out in the Order of 16 July 1992 until 1 October 1994.

(b) Activities subject to concession contracts shall continue to be governed by their regulatory contracts until the effective termination of such contracts.

Fees for the use of ambulances and airport health services are abolished and for accommodation at the airport hostel in Tenerife North (fares G. 2 and G. 7 of the Order of 16 July 1992, respectively).

Madrid, 13 May 1994.

BORRELL FONTELLES

Ilmo. Mr President of the public authorities, Spanish airports and air navigation.

ANNEX I

a) Aircraft parking

This rate includes the use of the parking areas of aircraft enabled for the purpose at airports.

The payment of this fee shall be made in advance of the departure of the aircraft, or, in the absence thereof, on a monthly basis.

A. 1 The fee for the use of aircraft parking areas, per day or parking time fraction exceeding three hours, shall be as follows:

A. 1.1 Airports of Madrid-Barajas, Barcelona, Palma de Mallorca, Gran Canaria, Málaga and South-West:

a) Portion of weight up to 10 metric tons: 824 pesetas.

b) Portion of weight between 10 and 100 metric tons: 96 pesetas for each metric ton or fraction passing from 10 metric tons.

(c) Portion of more than 100 metric tonnes: 106 pesetas per metric tonne or fraction passing from 100 metric tonnes.

A. 1.2 Airport Rest:

a) Portion of weight up to two metric tons: 165 pesetas.

b) Portion of weight between more than two and 10 metric tons: 824 pesetas.

c) Portion of weight between 10 and 100 metric tons: 96 pesetas for each metric ton or fraction that passes from 10 metric tons.

d) Portion of more than 100 metric tons: 106 pesetas per metric ton or fraction passing 100 metric tons.

However, when the parking time starts to be counted between the twenty-two and the one fifty-nine hours local time, the above rate shall be applied, per day or fraction of the higher parking time. Six hours, provided that before the seven fifties and nine hours local time of the same day, start a maneuver that does not involve a new parking lot.

A. 2 Aircraft car parks whose parking is due to special court situations, such as suspension of payments, bankruptcy, competition of creditors, or abandonment of the aircraft, shall pay 50 per 100 of the established price in paragraph A. 1 above, this tariff is applied A. 2. from the date on which the judicial authority or the competent bodies communicate the commencement of such a special court situation or the abandonment of the aircraft.

To apply the above price it will be necessary for the aircraft during the parking period not to perform any take-off or landing operation and not to occupy a telescopic or hangar gateway position.

For the purposes of paragraphs A. 1 and A. 2, the time for parking shall be considered as the time for parking. Each parking lot will be computed for uninterrupted periods of commercial or technical scale time, starting a new parking lot after each landing.

They will be obliged to pay the A. 1 and A. 2 tariffs for companies, agencies and individuals whose aircraft are stationed in the zones that are enabled for the purpose at the airports.

In the event that an aircraft landing at an airport on behalf of an operator and, after a certain time of parking due to both operational and judicial reasons, was chartered by a different operator of the arrival, the accumulated debt outstanding for the non-liquidated parking lots shall be satisfied in any case before the departure of the aircraft.

B) Use of complementary airport infrastructure and facilities

This fee will be applied for the use by passengers of airport terminal areas not accessible to visitors, as well as for additional airport facilities.

This fee will be required at the time of the departure of the passengers.

For the purposes of the application of this tariff, passengers must be considered to be persons who are transported as travellers as a result of a transport or lease contract and those persons who are not members of the crew.

The passengers of a direct flight that stops at a Spanish airport and do not disembark at a Spanish airport will not be obliged to pay this fee.

Passengers who embark on a Spanish airport will be obliged to pay this fee, regardless of the intermediate stages that may be carried out and the destination of the flight.

The amount of this fee will be considered included in the price of the transport, and the particular, agency or carrier carrier will liquidate it to the public entity Spanish Airports and Air Navigation.

In order to make this tariff effective, all air carriers operating at Spanish airports must deliver at the appropriate airport offices, for each departure flight and immediately prior to this, the Document called the Statistical Form of Air Traffic F. 1, accompanied by the Load Manifesto, duly completed both; all without prejudice to the provisions of the fourth paragraph of this Order.

The fare will be 927 pesetas per passenger of departure in international flight to an airport of a State that does not belong to the European Economic Area; of 798 pesetas when the airport of destination is of a State Member of the European Economic Area; of 300 pesetas per passenger of departure to an airport of the Spanish territory; and of 100 pesetas per passenger of departure from an airport of the Balearic Islands or the Canary Islands to an airport of the Autonomous Community itself, or by passengers departing from Melilla airport for other purposes Spanish airports or with departure from one of the latter with destination to Melilla.

c) Administrative Concessions

C. 1 Administrative Concessions of Land and Paved Surfaces

The present rate exclusively includes the use of land areas, urbanized or not, as well as the paved surfaces transferred under concession, being for the account of the concessionaire any other expenditure by consumption, services or supplies resulting from this concession, which are provided by the public authorities in Spain and Air Navigation directly or indirectly.

For the purposes of the application of this tariff, it is considered urbanized land that has in them or in their proximity access roads, supply and evacuation of water, supply of electric power, or they are easy connection to the general facilities.

For the purposes of the application of this tariff, it is considered undeveloped land that does not have the characteristics mentioned in the previous paragraph.

For the purposes of applying this tariff, land, urbanized or not, is considered to be paved areas, which for the airport do not have the condition of buildables, whose main characteristic or whose primary value consists of the provision of a paved infrastructure for slabs, asphaltic irrigation or similar material, and the preferred use of which is the parking of vehicles in general, of staircases, forks and other useful ones of , or of installation of Removable modules for use varied.

The rates to apply for these concessions will be as follows:

Airport/Rate in pesetas-square meters-month

urbanized land/Undeveloped land/Surfaces Group A/87/73/122

Group B/55/45/78

Group C/33/21/78

Group D/27/18/78

In addition, where the land or areas are dedicated to building in whole or in part on the parcel subject to concession, the fee resulting from the application of the above tariff shall be increased by the amount resulting of the total constructed area (sum of the surfaces of all the plants and basements built), by the 25 per 100 of the respective previous rates.

To the concessions whose contracts were in force at the time of the entry into force of the Resolution of 27 July 1990 fixing the rates of public prices as from 1 August 1990, they will be applied to the present rate, deducting the amount of the ground floor of the ground floor, until the expiry of the current contracts.

C. 2 Office, Premises, And Commercial Counter Administrative Concessions

The present rate includes exclusively the use of offices and premises of a preferential or non-preferential nature, and of counters of commercial activities other than those of invoicing, ceded in granting, being on behalf of the concessionaire any other expenditure for consumption, services or supplies derived from this concession, provided by the public entity Spanish Airports and Air Navigation directly or indirectly.

Any space open to the public for commercial, advertising or passenger care purposes, as well as for any other activity other than those covered by paragraph C. 4, is understood by commercial counter.

C. 2.1 For administrative concessions that are contracted for annual periods, the rates to be applied will be as follows:

Airport/Rate in pesetas-square meters-month

Preferred/Non-Preferred/Showers

Group A/2,685/1.845/6.325

Group B/2.380/1.845/5.270

Group C/2.060/1.620/3.135

Group D/1,735/1,190/2,135

When these concessions are contracted for six-month periods, the fee will be increased by 25 per 100. In exceptional cases, the use of counters may be authorised for periods of one month, with the rate increased in this case by 50 per 100.

C. 2.2 The airport authority may maintain available counters for assignment for uninterrupted periods of occupation. For the administrative concessions of counters that are contracted at airports in Group A for periods of less than one month, the following tariffs shall apply:

Up to two hours of use: 275 pesetas/square meter/hour.

Each additional hour or fraction: 165 pesetas/square meter/hour.

The maximum amount per day will be 19,560 pesetas.

In accordance with Article 27 of Law 8/1989, of Public Fees and Prices, the public price corresponding to this fee C. 2.2 may be required in advance.

C. 3 General and special department store and hangar concessions

C. 3.1 The present tariff only includes the use of areas or premises designated for general storage, as well as of hangars transferred under concession, being on behalf of the concessionaire any other expenditure for consumption, services or supplies resulting from this concession, provided by the public authorities in Spain and Air Navigation directly or indirectly.

For concessions that are contracted for annual periods, the rates to be applied will be as follows:

Airport/Rate in pesetas-square meters-month:

Category: 1./2. and 3.

Group A/1.285/975

Group B/1,190/975

Group C/975/810/Group D/430

380

When these concessions are contracted for six-month periods the tariff will be increased by 25 per 100.

When the aircraft lodge in the hangars is held for periods of less than six months, the tariff in paragraph D. 1 shall apply.

C. 3.2 This rate includes the use of special storage rooms and rooms. Special storage means a warehouse equipped with refrigeration or storage rooms, an armoured structure or any other device or installation which has meant an additional investment.

Airport/Rate in pesetas-square meters-month

Group A/3.260

Group B/3.045

Group C/2,500

Group D/1,740

C. 4 Billing Counter Administrative Concessions

The present rate exclusively includes the use of counters with a scale conveyor, with a rear belt without a scale, and without tape, transferred in a concession system, being on behalf of the concessionaire any other expenditure for consumption, services or supplies resulting from this concession, provided by the public authority, Spanish Airports and Air Navigation directly or indirectly.

C. 4.1 For concessions that are contracted for annual periods, the rates to be applied will be as follows:

Airport/Rate in pesetas-counter-month

Counter-Conveyor Counter/Rear-Tape Conveyor Without Tape/Untape-Conveyor

Group A/157.230/45.050/4,020

Group B/133,955/41,720/3,720

Group C/133,955/25.330/2.245

Group D/133,955/16,770

1,490

When these administrative concessions are made for periods of six months, the fee will be increased by 25 per 100. In exceptional cases, the use of counters may be permitted for periods of one month, with the rate increasing in this case by 50 per 100.

When for operational reasons the transfer of counters is not convenient during the twenty-four hours of the day, a reduced monthly fee will be applied, provided that the requesting company has scheduled flights in a manner continued throughout the day and that it is technically possible to use the counter. The assignment schedule will be restricted to a maximum of fourteen hours and will be fixed for each counter during the same season.

For the concessions mentioned in the previous paragraph that are contracted for annual periods, the tariff will be decreased by 15 per 100.

C. 4.2 The airport authority may keep check-in desks available for assignment for uninterrupted periods of occupation, with the following tariffs:

a) Shown with scale conveyor:

Madrid-Barajas, Barcelona, Madrid-South and Palma de Mallorca: 1,185 pesetas/hour or fraction.

Other airports: 2.375 pesetas/hour or fraction.

b) Shout with back tape, without a scale conveyor:

Madrid-Barajas, Barcelona, Madrid-South and Palma de Mallorca: 890 pesetas/hour or fraction.

Other airports: 1,225 pesetas/hour or fraction.

D) Special entitlements

D. 1 Aircraft Albergue

The present rate exclusively includes the use of hangars for the shelter of authorized aircraft, not operated under concession, being on behalf of the user any other expense for consumption, services or supplies derived from this use, provided by the public authorities in Spain and Air Navigation directly or indirectly.

The use of hangars for aircraft shelter authorized for periods of less than six months, will have a fee of 41 pesetas/day per square meter of floor area of the aircraft, with a minimum of 1,520 pesetas per day and aircraft, whichever is the category of the hangar and the airport.

When the use is for a period of more than six months, the tariffs corresponding to paragraph C. 3 shall apply.

D. 2 Vehicle access to restricted zones

The present rate includes the use and access of vehicles to the restricted zone of loading and unloading of goods, to the platform of parking of aircraft, to the area of movements and, in general, to the access routes restricted to public use.

The rate to apply will be as follows:

Annual Vehicle Credit: 182,020 pesetas.

Monthly Vehicle Credit: 15,000 pesetas.

Vehicle Access Canon (every time): 1.305 pesetas.

According to Article 27 of Law 8/1989, the public prices corresponding to this tariff D. 2 may be required in advance.

D. 3 Other uses of airport enclosure

This rate includes exclusively the use of the public airport domain and its outdoor facilities, for tests, trials, demonstrations and exhibitions, of a non-aeronautical nature, and other uses other than those expressly specified in the other points of this paragraph D, being on behalf of the user any other expenditure for consumption, service or supply derived from this authorization, including those of accompaniment and/or security, provided by the public authorities Spanish airports and direct air navigation or indirectly.

D. 3.1 Tarifa for use of airport enclosure:

For each hectare/day or fraction: 28,090 pesetas.

D. 3.2 Tarifa for use of the airport enclosure for the installation of equipment, devices or any kind of measuring apparatus or data fetcher:

For each apparatus up to four square meters of surface occupancy or fraction: 16,855 pesetas/month.

The use of this service will always be subject to the operational availability of the airport and the requirements of the airport authority in terms of safety measures and limitations of any kind.

According to Article 27 of Law 8/1989, the public prices corresponding to this tariff D. 3 will be required in advance.

E) Other services

E. 1 Using telescopic gateways

This tariff includes the use of airport public domain and airport facilities to facilitate the boarding and landing of passengers to air carriers through gateways. telescopic, or the simple use of a platform position that prevents the use of the corresponding gateway from other users.

The rates to apply for each gateway will be as follows:

E. 1.1 Normal rate (all airports):

By plane/service, first hour or fraction: 13,840 pesetas.

For every quarter of an hour or quarter of an hour: 4,150 pesetas.

E. 1.2 Fare rush hour (airports in MadridBarajas and Malaga):

By plane/service, first hour or fraction: 17,610 pesetas.

For every quarter of an hour or quarter of an hour: 5,415 pesetas.

E. 1.3 Reduced rate (Madrid-Barajas, Barcelona and Malaga airports):

By aircraft/service, and aircraft occupying a gateway position without connection to it, first hour or fraction: 6,295 pesetas.

For every quarter of an hour or quarter of an hour: 1,885 pesetas.

Past the first three hours, the above rates will apply with a surcharge of 50 per 100. However, this surcharge will not apply to the nightly reduced hourly rate.

When the provision of a gateway service elapses between two or more tranches of different tarification, the value of the first service/hour shall be that corresponding to the rate of the time of arrival.

When an aircraft occupying a gateway position is found, the operator requests a remote parking position and no available or, for operational reasons, no available In the case of the aeronautical authority, the airport shall disconnect the service from the aircraft and interrupt the time-frame for the purpose of applying the tariff. However, the company shall be obliged to transfer the aircraft to a remote parking place, at the time it is indicated, for having been free or missing the reasons above. In case of failure to perform this operation and therefore not being able to use the gateway by other users who will request it, the fee that would have corresponded to those unused uses will be applied to it.

Rate Application:

The peak time rate will be applied at Madrid-Barajas airport between eight and fourteen hours and between nineteen and twenty-one hours local time.

The peak time rate will be applied at the airport of Malaga on Fridays, Saturdays and Sundays between eleven and thirteen hours and between seventeen and twenty hours local time during the period from 1 June to September 30, both inclusive.

The reduced rate will be applied at Madrid-Barajas airport between zero and six hours, local time.

The reduced rate will be applied at Malaga airport between twenty-three and eight hours local time.

The reduced rate will be applied at the Barcelona airport between twenty-two and seven hours local time.

E. 2 Special use of platform and load storage locales in the depot or storage service

The present tariff only includes the use of the airport public domain in the cargo and unloading of goods.

The rate to be applied will be 3.35 pesetas per kilogram of cargo deposited or stored at the airport by means of its own or its agent of , except for the departure or arrival of goods from the airport. a time of less than thirty-five minutes, counted from the time the aircraft stops at the point of loading or unloading until it is moved, or the goods in connection which remain more than the previous time, except for transit direct goods, considering these as those that are carried out using the same flight and the same company.

E. 3 Vehicle and carriage removal service for safety reasons

The present rate includes the use of the vehicle and carriage removal services for security reasons, provided by the public authorities Spanish Airports and Air Navigation, directly or indirectly.

The fee, which will be required at the time of collecting the vehicle, will be as follows, without the maximum amount exceeding 56,180 pesetas per month:

By car collected (up to three days of stay): 5,620 pesetas.

By carriage collected (up to three days of stay): 2,810 pesetas.

From day four: 1.125 pesetas/day.

E. 4 Supply of electrical energy, water, air conditioning, cleaning service, garbage collection, de-ratization and other services, materials and miscellaneous products

This rate includes the actual value of supplies, services, materials and products provided directly or indirectly by the airport, and the use of airport public domain in facilities and equipment necessary for the provision of the same.

The rate unit of measured supplies per counter shall be obtained by dividing the amount of the periodic receipt submitted by the supplying company among the number of units of measure consumed, thereby increasing a minimum of 12,5 per 100 for the use of the public domain in the facilities and equipment necessary for the supply.

The charging unit for waste collection, de-ratization and other services affecting airport health conditions will be obtained by dividing the amount of the total cost of the service, whatever the system may be. of the provision of the same, between the square metres of the area of the airport affected by that service, a minimum increase of 12,5 per 100 to be applied for the use of the public domain in the facilities and equipment necessary for the provision of the service.

The services, materials and products provided by the airport will be invoiced for the actual amount of their cost, increased by a minimum of 12,5 per 100 for the use of the airport public domain in the facilities and equipment necessary for their supply or supply.

K) Occupation or special use of the airport public domain by the dealers of commercial holdings and companies of the

In accordance with the provisions of Article 24.1 (a) of Law 8/1989 of 13 April of Public Fees and Prices, the consideration of the public price shall be the use of private use or the special use of the public domain. airport by the concessions for the holding of commercial holdings of any nature, as well as the authorizations of .

The corresponding fees or charges shall be the derivatives of the regulatory contracts, in accordance with the administrative procurement procedure for which they derive.

ANNEX

Group A: Alicante, Barcelona, Gran Canaria, Ibiza, Lanzarote, Madrid-Barajas, Malaga, P. de Mallorca, Tenerife North, Tenerife South.

Group B: Bilbao, Fuerteven., Menorca, Sevilla, Valencia.

Group C: Almeria, Asturias, Granada, Jerez, La Coruña, La Palma, Santiago, Vigo, Zaragoza.

Group D: Badajoz, Cordoba, El Hierro, Gerona, Madrid-C.V., Melilla, Murcia-S.J., Pamplona, Reus, Sabadell, Salamanca, Santander, S. Sebastian, Valladolid, Vitoria, Son Bonet.