On 29 July 2019, Spain notified the Commission of the intended decision of that Member State, that some of the terminal air navigation services at the airports of Alicante and Ibiza are subject to market conditions (‘the intended decision of Spain’). Those services concern aerodrome control air traffic. The intended decision of Spain concerns the third reference period within the meaning of Article 7(1) of Implementing Regulation (EU) 2019/317.

Pursuant to Article 35(3) of Implementing Regulation (EU) 2019/317 and on the basis of a detailed assessment against all the conditions laid down in Annex X to that Regulation, the Spanish authorities consider that the services concerned are subject to market conditions. The Spanish authorities consulted the airspace users’ representatives, as well as other stakeholders such as airport operators and air navigation services providers.

The assessment of the Spanish authorities has taken account of all six criteria provided for in Annex X of Implementing Regulation (EU) 2019/317. In accordance with point 6 thereof, the preceding criteria were assessed individually for each airport. For the criteria set out in points 1 and 2 thereof, the Spanish authorities found that there were no significant barriers that would prevent a service provider from offering aerodrome control air traffic services. The draft service provision contract provides for the conditions and procedures under which the airports could terminate the contract and move towards self-supply. The assessment of the Spanish authorities demonstrates also that there are procedures in place providing for the transfer of staff and assets to a different company. As regards point 3 of Annex X, it is noted that Spain organised a call applying an existing public tendering process for the provision of the services in question. At the moment of the tender process, eight different air navigation service providers had been certified in Spain, constituting credible alternative service providers to participate in the tendering process. Some of those service providers had previously already provided air navigation services. As regards the criterion set out in point 4 of Annex X, the airports of Alicante and Ibiza are both subject to commercial pressures and indeed actively competing for touristic traffic. The selected bidder is distinct and independent from the current provider of en route air navigation services, which ensures separate accounting and reporting, as referred to in point 5 of Annex X.

The Commission has examined the intended decision of Spain and its underlying assessment and came to the conclusion that the assessment of market conditions for the provision of aerodrome air traffic control services as notified by Spain on 29 July 2019, was carried out in accordance with the conditions laid down in Annex X to Implementing Regulation (EU) 2019/317,