Article 32 Establishment of charges

1.   Charges shall be levied on airspace users for the provision of air navigation services, under non-discriminatory conditions, taking into account the relative productive capacities of the different aircraft types concerned. When imposing charges on different airspace users for the use of the same service, no distinction shall be made in relation to the nationality or category of the user.

2.   The en route charge for air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight.

3.   The terminal charge for air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. For the purpose of calculating the terminal charge, the approach and departure of a flight shall count as a single flight.

4.   Certain airspace users or flights, especially those using or operated with light aircraft and state aircraft, may be exempted from air navigation charges, provided that the cost of such exemption is covered by other resources and is not passed on to other airspace users.

5.   The Commission shall, in consultation with the Member States, air traffic service providers and airspace users, conduct a study on the contribution of the modulation of charges to the achievement of the objectives of the Single European Sky, defined in Article 1(1) of this Regulation, and of Regulation (EU) 2021/1119. This study shall also assess the feasability of that modulation and its impact on air traffic, service provision, administrative costs and stakeholders.

6.   The result of the study referred to in paragraph 5 of this Article will provide the essential information for the Commission to determine whether to adopt an implementing act in accordance with Article 48(3), to ensure the uniform application of modulation of en route charges to encourage airspace users to support improvements in climate and environmental performance such as the use of the most fuel-efficient available routing, increased use of alternative clean propulsion technologies including sustainable alternative fuels, while maintaining an optimum safety level.

7.   The modulation referred to in paragraph 6 shall consist of financial advantages or disadvantages and shall be revenue neutral for air traffic service providers.

8.   In addition to the modulation of charges referred to in paragraph 6, charges may be modulated by Member States to encourage air traffic service providers and airspace users to support improvements in service quality such as increased capacity, reduced delays and sustainable development.