Commission Implementing Regulation (EU) 2019/317Show full title

ANNEX X CRITERIA FOR THE ASSESSMENT OF WHETHER THE PROVISION OF THE SERVICES REFERRED TO IN ARTICLE 35(1) IS SUBJECT TO MARKET CONDITIONS

1. The extent to which service providers can freely choose to enter or withdraw from the provision of those services:

(a)

the existence of any significant legal, economic or other barrier that would prevent a service provider from offering to provide, or continue to provide those services;

(b)

the scope, duration and value of service contracts;

(c)

the existence of procedures allowing tangible and intangible assets, intellectual property and staff to be transferred or otherwise be made available from the incumbent to another party.

2. The extent to which there is a free choice in respect to service provider, including, in the case of airports, the option to self-supply terminal air navigation services:

(a)

the existence of legal, contractual or practical barriers to change service provider, or in the case of terminal air navigation services, to move towards self-supply of air navigation services by airports;

(b)

the existence of a consultation process to take airspace user views into account when altering service provision arrangements.

3. The extent to which a market structure and competition either exists or a credible prospect of competition exists:

(a)

the existence of a public tendering process (not applicable in case of self-supply);

(b)

evidence of credible alternative service providers able to participate in a tendering process and having provided services in the past, including the option of self-supply for the airport.

4. For terminal air navigation services, the extent to which airports are subject to commercial cost pressures or incentive-based regulation:

(a)

whether airports actively compete for airline business;

(b)

the extent to which airports bear the air navigation service charge;

(c)

whether airports operate in a competitive environment or under economic incentives designed to cap prices or otherwise incentivise cost reductions.

5. The extent to which a provider of terminal air navigation services or CNS, MET and AIS services or ATM data services that also provides en route air navigation services has separate accounting and reporting.

6. For terminal air navigation services, the assessment in this Annex shall be carried out at each individual airport, or in groups of airports.