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Annexure II - AERA

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The above quotation provide evidence that the EU Directive, in consonence<br />

with ICAO policies, "does not prescribe the basis on which airport charges<br />

should be set, and explicitly leaves open key issues such as the regulatory till"<br />

[Source: Dr. Francesco Lo Passo and David Matthew, NERA (2009), The EU<br />

Directive on Airport Charges: Principles, Current Situation and Developments.]<br />

d. ACI on Till:<br />

ACI on The Airports Council International (ACI), Montreal while referring to<br />

the <strong>AERA</strong> Order 13/2010-11, has indeed brought to the notice of <strong>AERA</strong> about<br />

the amendment done to the Para 30(i) of Doc 9082 and clarified about the<br />

neutral position of ICAO on the matter of regulatory till and stated that the<br />

conclusions with regard to ICAO Doc 9082 as well as ICAO Doc 9562 in paras<br />

5.17 -5.32 of the <strong>AERA</strong> Order 13/2010-11, are therefore not tenable and<br />

require rectification.<br />

e. Planning Commission {PC} on Till:<br />

We understand that the Planning Commission of India (PC) has written to<br />

<strong>AERA</strong> clarifying its position on the choice of till to be adopted. We understand<br />

that PC has also advocated the need for a Hybrid Till regulation. This has been<br />

also in light of the fact that India required a huge private sector investment<br />

into the Airport sector under the 12th plan. PC has underscored the<br />

importance of the choice of economic regulat ion especially a Hybrid Till<br />

approach in achieving the investment goals.<br />

Therefore, we again reiterate that the views of the Planning Commission may<br />

be taken into consideration.<br />

Based on above it can be concluded that a Dual till was not just envisaged in case of<br />

HIAL but is also desireable given the need for long term growth of the airport sector.<br />

International Examples in support of the treatment of land:<br />

NERA has also analyzed the international examples and from their analysis we find that<br />

real estate is outside regulation in most of the countries.<br />

A detailed country wise analysis is enclosed in <strong>Annexure</strong> B<br />

<strong>Annexure</strong> <strong>II</strong>-B<br />

CP No. 9/2013-14/T-12023(14)/1/2012- Tariff- Vol - <strong>II</strong>I <strong>Annexure</strong> <strong>II</strong>-B Page 14 of 51<br />

14

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