ICAO 9082 PDF

SCOPE AND PROLIFERATION OF CHARGES

It is recommended that States:

a) permit the imposition of charges only for services and functions which are provided for, directly related to, or ultimately beneficial for, civil aviation operations; and

b) refrain from imposing charges which discriminate against international civil aviation in relation to other modes of international transport.

States shall consider the legal obligations under Article 15 of the Convention on International Civil Aviation (Chicago Convention), such that:

a) every airport in a Contracting State which is open to public use by its national aircraft shall likewise, subject to the provisions of Article 68, be open under uniform conditions to the aircraft of all the other Contracting States. The like uniform conditions shall apply to the use, by aircraft of every Contracting State, of all air navigation facilities, including radio and meteorological services, which may be provided for public use for the safety and expedition of air navigation;

b) any charges that may be imposed or permitted to be imposed by a Contracting State for the use of such airports and air navigation facilities by the aircraft of any other Contracting State shall not be higher,

i) as to aircraft not engaged in scheduled international air services, than those that would be paid by its national aircraft of the same class engaged in similar operations; and

ii) as to aircraft engaged in scheduled international air services, than those that would be paid by its national aircraft engaged in similar international air services;

c) all such charges shall be published and communicated to ICAO, provided that, upon representation by an interested Contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council, which shall report and make recommendations thereon for the consideration of the State or States concerned. No fees, dues or other charges shall be imposed by any Contracting State in respect solely of the right of transit over or entry into or exit from its territory of any aircraft of a Contracting State or persons or property thereon.

In this regard the Council is concerned about the proliferation of charges on air traffic and notes that the imposition of charges in one jurisdiction can lead to the introduction of charges in another jurisdiction.