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Traffic Growth Incentive Scheme - ANA Routelab - ANA Aeroportos ...

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Route Development<br />

<strong>Traffic</strong> <strong>Growth</strong> <strong>Incentive</strong> <strong>Scheme</strong><br />

April 2010<br />

Article 1<br />

Purpose<br />

This program aims to establish the rules and conditions for the traffic growth incentive scheme at<br />

Francisco Sá Carneiro Airport, which is subject to the tariff system in force.<br />

Article 2<br />

Definitions<br />

The following are definitions for the purposes of this scheme:<br />

a) New route: regular air connection to an airport that has not been served by any flight, without<br />

stopovers, starting or ending at the Francisco Sá Carneiro Airport, in the two IATA periods<br />

immediately prior;<br />

b) <strong>Traffic</strong> <strong>Growth</strong> on an existing route: Increase in passenger traffic during the last two IATA<br />

periods in relation to the two IATA periods immediately prior.<br />

Article 3<br />

Beneficiaries<br />

The incentive scheme is aimed at all regular passenger airlines that operate or intend to begin<br />

operations at Francisco Sá Carneiro Airport and which fulfil all the requirements and criteria set forth<br />

in this scheme.<br />

Article 4<br />

General conditions<br />

Airlines that intend to benefit from the Francisco Sá Carneiro Airport incentive scheme should<br />

submit an operating plan that includes a minimum of two and a maximum of ten IATA seasons.<br />

1. Under no circumstances will applicants for incentives corresponding to operations carried out in<br />

the twelve months immediately prior to the submission of the application be considered.<br />

2. The incentives to be granted under the terms of any provision in this scheme shall not imply, at<br />

any time, direct discounts on costs paid and charged by <strong>ANA</strong> or take the form of credit payments.<br />

The respective conditions shall be previously fixed under the terms of that set forth in article 10.<br />

3. The incentives may be cumulative; however, they may not exceed 75% of the total amount<br />

invoiced, under the statutory terms, to the airline taking part in the scheme as a passenger service<br />

charge.<br />

4. The new connections and the respective timetables included in the operating program shall have<br />

their slots approved by the national organization responsible for the co-ordination of slots.<br />

5. The equipment used by the applicant airline shall be classified in Chapter 3 or above in<br />

accordance with the definitions and specifications established in Annex 16 of the International Civil<br />

Aviation Organization (ICAO).<br />

6. The traffic form is the document that supports the entire application process, in particular for<br />

the purposes of monitoring the operator and number of passengers carried.<br />

<strong>ANA</strong> <strong>Aeroportos</strong> de Portugal, S.A<br />

Livening up Airports<br />

Aeroporto do Porto<br />

T: +351 229 432 400<br />

www.ana.pt/drd<br />

flyopo@ana.pt<br />

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Route Development<br />

<strong>Traffic</strong> <strong>Growth</strong> <strong>Incentive</strong> <strong>Scheme</strong><br />

April 2010<br />

Article 5<br />

(<strong>Incentive</strong>s for new routes)<br />

1. Airlines applying for the incentive scheme with new routes shall ensure that the proposed<br />

route will be operated at least once a week in any of the IATA periods.<br />

␣<br />

2. The incentives granted shall be calculated based on a percentage to be applied under the<br />

terms set forth in article 4, nr. 3 and 4, calculated in accordance with the following table:<br />

<strong>Incentive</strong> For New Routes<br />

Fees<br />

IATA Periods<br />

1 & 2 3 & 4 5 & 6 7 & 8 9 & 10<br />

Passenger Service 75% 60% 45% 30% 15%<br />

␣<br />

Article 6<br />

(<strong>Incentive</strong>s for traffic growth on an existing route)<br />

10 th<br />

␣<br />

1. The applicant cannot take into account the operation already provided for in the IATA<br />

period underway.<br />

2. Applicant airlines aiming to increase traffic on existing routes shall achieve, during the two<br />

IATA periods in question, passenger traffic growth of over 5% in relation to the figures<br />

published by the Airport for the two IATA periods immediately prior.<br />

3. For the purposes of applying for this incentive scheme, every year the Airport will publish<br />

the number of passengers carried on direct flights for each route.<br />

4. For the purposes of applying the incentives under the scope of this article, the increase in<br />

passenger numbers will be calculated in accordance with the following formula:<br />

C = (T – T -1) t / T x 100<br />

n n r<br />

C<br />

t<br />

T<br />

n<br />

T<br />

n -1<br />

T<br />

r<br />

<strong>Growth</strong> of passenger traffic<br />

Passenger traffic carried by the Operator in the two IATA<br />

periods to be considered<br />

Passenger traffic carried by the same Operator in the two<br />

IATA periods immediately prior<br />

Total number of passengers carried on the route, in the two<br />

IATA periods immediately prior<br />

<strong>ANA</strong> <strong>Aeroportos</strong> de Portugal, S.A<br />

Livening up Airports<br />

Aeroporto do Porto<br />

T: +351 229 432 400<br />

www.ana.pt/drd<br />

flyopo@ana.pt<br />

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Route Development<br />

<strong>Traffic</strong> <strong>Growth</strong> <strong>Incentive</strong> <strong>Scheme</strong><br />

April 2010<br />

5. The incentives to be granted will be calculated based on a percentage to be applied under<br />

the terms set forth in article 4, nr.3 and 4, calculated in accordance with the following<br />

table:<br />

␣<br />

TRAFFIC GROWTH INCENTIVES ON AN EXISTING ROUTE<br />

<strong>Traffic</strong> growth (%)<br />

From:<br />

To:<br />

<strong>Incentive</strong> to Apply (%)<br />

0 5 0<br />

>5 10 10<br />

>10 15 15<br />

>15 20 20<br />

>20 30 25<br />

>30 40 30<br />

>40 50 35<br />

>50 60 40<br />

>60 70 45<br />

>70 80 50<br />

>80 90 55<br />

>90 100 60<br />

>100 75<br />

␣<br />

␣<br />

Article 7<br />

Submission of applications<br />

1. Airlines shall apply for the incentive scheme from the Airport Management, with a minimum<br />

notice period of one month in relation to the date set for the first operation.<br />

2. The applicant airline shall submit an application form provided by the Airport, as set forth in<br />

Appendix I, where it shall set out the proposed operating plan, including a detailed<br />

description of the service to be introduced, if applicable, in particular:<br />

Article 8<br />

Final incentive award decisions<br />

a) number and timetable of the respective flights;<br />

b) destination;<br />

c) days of operation;<br />

d) type of aircraft and number of seats;<br />

e) Start and end date for the operation.<br />

The final decision concerning the eligibility of an airline for this incentive scheme is the exclusive<br />

responsibility of the Airport, which reserves the right, at any moment, to refuse or suspend the<br />

concession of an incentive for overriding reasons of public interest, in particular under the<br />

following circumstances:<br />

a) when the applicant airline is the subject of an acquisition, merger or sale,<br />

unless it can be demonstrated by the operator that the number of seats offered<br />

as part of all operations serving Francisco Sá Carneiro Airport will not be<br />

affected by such an operation when it involves the relevant parties;<br />

<strong>ANA</strong> <strong>Aeroportos</strong> de Portugal, S.A<br />

Livening up Airports<br />

Aeroporto do Porto<br />

T: +351 229 432 400<br />

www.ana.pt/drd<br />

flyopo@ana.pt<br />

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Route Development<br />

<strong>Traffic</strong> <strong>Growth</strong> <strong>Incentive</strong> <strong>Scheme</strong><br />

April 2010<br />

b) When the airline does not ensure the prompt payment of any outstanding<br />

invoices at any airport under the administration of <strong>ANA</strong> – <strong>Aeroportos</strong> de<br />

Portugal, S.A.;<br />

c) When the airport capacity has been reached or is at saturation point.<br />

Article 9<br />

Final decision<br />

1. Decisions regarding the applications will be taken within a period of 10 working days as<br />

from the reception date of the respective application.<br />

2. The reception of the final decision under the scope of this article and the application form<br />

submitted by the airline formalise the mutual acceptance of the conditions set forth in this<br />

scheme.<br />

3. Decisions are not subject to appeal.<br />

Article 10<br />

Special conditions<br />

1. Should the incentive scheme be approved, a written agreement will be entered into that<br />

governs the specific conditions for the incentive scheme, which shall include, as a minimum,<br />

the following information:<br />

a) Operating plan;<br />

b) Initial forecast for the incentive amounts, calculated in accordance with the<br />

proposed operating plan;<br />

c) The length of the incentive scheme;<br />

d) Method and deadline for awarding the incentives;<br />

2. Any changes to the incentive scheme initially established shall be duly amended in the<br />

agreement and become integral parts of the document mentioned in nº 1 above.<br />

Article 11<br />

Partnership<br />

1. The exposed in previous articles will not prejudice the celebration of commercial<br />

partnerships, marketing or others between Porto Airport and the airlines and/or tourist<br />

operators, who fits into the strategy of growth and diversification of airport traffic, in<br />

accordance with the specific characteristics of the market.<br />

2. The partnerships under the present article will be negotiated and established case by case,<br />

in accordance with the principle of the private investor proclaimed by the European<br />

Commission in its orientations about this matter.<br />

3. The nature, duration and specific conditions of the partnership will be motive for a written<br />

contract between the parties.<br />

4. In any case the fulfilment of operational and technical requirements, foreseen in Article 4 º,<br />

is obligatory.<br />

5. The airlines interested in the establishment of partnerships under the present article will<br />

have to present, previously, an appropriate business plan.<br />

<strong>ANA</strong> <strong>Aeroportos</strong> de Portugal, S.A<br />

Livening up Airports<br />

Aeroporto do Porto<br />

T: +351 229 432 400<br />

www.ana.pt/drd<br />

flyopo@ana.pt<br />

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Route Development<br />

<strong>Traffic</strong> <strong>Growth</strong> <strong>Incentive</strong> <strong>Scheme</strong><br />

April 2010<br />

Article 12<br />

Supervision<br />

1. All incentive plans are subject to investigative audits to ensure the fulfilment of all<br />

requirements set forth under the terms of the previous article, which are the responsibility of<br />

Francisco Sá Carneiro Airport.<br />

2. Monitoring and control of the scheme is based on the detailed plan outlining the series of<br />

operations covered by the incentive scheme.<br />

Article 13<br />

Sanctions<br />

Any airline that manipulates its flight programs for each season, in isolation or as part of a<br />

concerted effort with other airlines, in order to qualify for the incentive scheme will be duly<br />

disqualified.<br />

Article 14<br />

Validity<br />

This scheme is governed exclusively by Portuguese law and comes into effect from June 2004,<br />

and may be reviewed in the event of legal alterations to the tariff system.<br />

<strong>ANA</strong> <strong>Aeroportos</strong> de Portugal, S.A<br />

Livening up Airports<br />

Aeroporto do Porto<br />

T: +351 229 432 400<br />

www.ana.pt/drd<br />

flyopo@ana.pt<br />

5 of 6


Route Development<br />

<strong>Traffic</strong> <strong>Growth</strong> <strong>Incentive</strong> <strong>Scheme</strong><br />

April 2010<br />

APPENDIX I<br />

INCENTIVE SCHEME APPLICATION FORM<br />

AIRLINE:<br />

FLIGHT CHARACTERISTICS:<br />

1. Destination:<br />

2. Number:<br />

3. Arrival time:<br />

4. Departure time:<br />

5. Days of operation:<br />

6. Type of aircraft:<br />

7. Aircraft capacity:<br />

8. Start date of operations:<br />

9. End date of operations:<br />

TYPE OF INCENTIVE APPLIED FOR:<br />

TOTAL AMOUNT OF INCENTIVES:<br />

<strong>ANA</strong> <strong>Aeroportos</strong> de Portugal, S.A<br />

Livening up Airports<br />

Aeroporto do Porto<br />

T: +351 229 432 400<br />

www.ana.pt/drd<br />

flyopo@ana.pt<br />

6 of 6

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