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to achieve the targets.
Consultation with users2
Charges
23. The Council emphasizes the importance of consultation with airport and air navigation services users
before changes in charging systems or levels of charges are introduced. The purpose of consultation is to ensure that
the provider gives adequate information to users relating to the proposed changes and gives proper consideration to the
views of users and the effect the charges will have on them. The aim should be that, wherever possible, providers and
users reach an agreement. Failing such agreement, the provider would continue to be free to impose the charges
proposed, subject to users having the right of appeal to a body independent of the provider, where available, but the
appeal process should be consistent with the form of economic oversight adopted in the State concerned. If there is not
an appeal mechanism in place it is even more important that providers and users make every effort to reach an
agreement on any changes in charging systems or levels of charges before they are introduced.
2. Consultation with users should cover all aspects of charges contained in this policy document where there are principles referring
to consultation(s).
ICAO’s Policies on Charges for
6 Airports and Air Navigation Services
Airport and air navigation services planning
24. The Council also considers it important that users or their representative organizations be consulted
concerning capacity development and investment plans. The purpose of such consultation is to ensure that the
developments proposed meet the needs of users, and that users are aware of the financial implications in terms of the
charges they would have to pay. Similarly, in order that providers may better plan their future financial requirements,
users, particularly air carriers, should for their part provide advance planning data to individual providers on a 5- to
10-year forecast basis relating to future types, characteristics and numbers of aircraft expected to be used, the
anticipated growth of aircraft movements, passengers and cargo to be handled, and other relevant matters.
Consultation process
25. Where there are no provider/users cooperative arrangements in place that are acceptable to all parties
concerned, the Council encourages States to ensure that a clearly defined, regular consultation process is established
with users by providers. Specific procedures for effective consultation should be determined on a case-by-case basis
taking into account the form of economic oversight adopted by the State. The procedures at individual airports and
airspace will also need to take into account the size and scale of the airport’s and the ANSP’s activities. Subject to these
considerations, the Council recommends that:
i) When a revision of charges or the imposition of new charges is contemplated by a provider or other
competent entity, appropriate notice should normally be given to users or their representative bodies
at least four months in advance, in accordance with the rules and regulations applicable in each State.
ii) In any such revision of charges, or imposition of new charges, the users should be given the
opportunity to submit their views and consult with the provider or other competent entity. Users should
be provided with transparent and appropriate financial, operational and other relevant information to
allow them to make informed comments.
iii) Reasonable advance notice, of at least one month, of the final decision on any revision of charges or
imposition of new charges should be given to the users. This one-month period does not need to be in
addition to the four months prescribed in i) above.
iv) Consultations, in general, should make clear the nature of proposals, the parties most likely to be
affected, the specific questions on which feedback is requested, and the time schedule for responses,
while ensuring a proper protection of market-sensitive data. All interested parties should be given the
opportunity to present their views. Decision documents should provide appropriate rationale for the
decision taken.
First-resort mechanism
26. The Council considers, with regard to charges in particular, that with the rapid growth in the number of
airports and ANSPs that are independent from direct government control, there may, in the interest of the airports, the
ANSPs and their users, be a need for a neutral party at the national level to pre-empt and resolve disputes before they
enter the international arena (a first-resort mechanism). The mechanism should be flexible, and its focus should be on
conciliation or mediation but could range to full arbitration if the State concerned so decides. Such a function might be
included in the terms of reference of an independent body with the much broader responsibilities of overseeing the
　
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