ANNUAL REPORT ‘12
NOTES TO THE FINANCIAL STATEMENTS
177
Decree-Law No. 217/2009, of 4 September, defined the model for economic regulation and service quality for
the national airport sector,
As per the aforesaid legislation the competent authority for applying the rules and criteria for economic regulation
is the National Institute for Civil Aviation, P.I. (INAC).
Decree-Law no. 217/2009 was later amended by Decree-Law no. 86/2011, of 1 July, which was designed to
transpose European Parliament and Council Directive no. 2009/12/CE, of 11 March 2009, into Portuguese law.
This directive addresses airport fees and establishes community-wide rules for the charging of such fees.
However, this model was not put into practice by the Regulatory entity and so, in 2012, no changes were made in
the regulated fees.
In the case of the airports managed by ANAM, S.A., with regard to traffic fees, INAC, P.I. issues a prior opinion and
the fees are fixed by means of an order issued by the Regional Secretariat for Social Infrastructure and Transport.
With regard to the amounts of the fees for stopover assistance, these are approved by Ministerial Order of the
Regional Secretariat for Social Infrastructure and Transport, after consulting with users and obtaining the prior,
non-binding opinion of INAC, P.I..
The security fee includes a component “A” (collected by the INAC, P.I. and later transferred to ANA, S.A.
and ANAM, S.A.) and a component “B” (charged and collected by ANA, S.A. and ANAM, S.A.), under the terms of
Ordinance no. 541, dated 21 May 2004.
We should also mention that pursuant to the terms of Art. 49 of Decree-Law no. 254/2012, an alteration in
the security fee is made in the component that constitutes the compensation for the expenses borne by airport
operators. Under the terms of Art. 52(2), this fee will be set by ministerial order of Government members respon-
sible for the areas of finances, internal administration and economy, pursuant to a proposal from the airport operator,
and based on the opinions of users or their representatives, and having as a reference the costs inherent in security
services provided.
In order to cover the costs inherent to providing assistance to Persons with Reduced Mobility, a fee was created
that came into effect in December 2008, complying with Regulation no. 1107/2006, of 5 July, which went into
effect on 26 July 2008.
1.4.1_Economic regulation established in the ANA, S.A. Concession Contract
The economic regulation established in the Concession Contract in question, in effect since 2013, applies to the
airports of ANA, S.A. and ANAM, S.A., and defines the principles and rules applicable to the charging of fees paid by
airport customers for the use of available facilities and for services provided by the airport operator related to the
landing, take-off, lighting and parking of aircraft and for the processing of passengers, cargo and mail.
In terms of the regulation model adopted, the activities provided by the airport managing entity are divided into:
a) Regulated activities: i) directly related to aircraft operations; ii) related to the processing and assistance to
passengers, on arrival, departure and in transfer;
