Vol. 427, No. 21980, 19 January 2000
GENERAL NOTICE
Notice 157 of 2001
THE 2001/02-2005/06 AIR TRAFFIC AND NAVIGATION SERVICES (ATNS) COMPANY PERMISSION
REGULATING COMMITTEE
PERMISSION TO LEVY AIR TRAFFIC SERVICE CHARGES
It is hereby published for general notice that on 19 January 2001 the Regulating Committee, established by section 11 of the Airports Company Act, 1993 (Act No. 44 of 1993), issued in terms of section 11 (5) of the ATNS Company Act, 1993 to the ATNS Company the permission set out in the Schedule.
M. R. RWELAMIRA
Chairperson: Regulating Committee
SCHEDULE
In this Schedule any word or expression to which a meaning has been assigned in the Aviation Act, 1962 (Act No.74 of 1962) or the ATNS Company Act, 1993 (Act No.45 of 1993), shall have the meaning so assigned to it, unless the context otherwise indicates.
Subject to the provisions of the ATNS Company Act, 1993 (Act No.45 of 1993), the ATNS Company (the Company) is hereby authorised to levy air traffic service charges, provide air navigation infrastructures and conduct air traffic services and air navigation services, from 1 April 2001 - 31 March 2006 on the following conditions:
The structure of air traffic service charges shall, for the period of validity of this permission, be adjusted to ensure that tariffs are simple, fair and equitable by:
Applying approach charges to all aircraft transiting through an TMA;
Implementing minimum charges for arrivals and departures during defined peak hours at certain major airports;
Implementing an annual air traffic services access fee for aircraft below 10 000 kg;
Introducing a fee for relevant search and rescue co-ordination services; and
Implementing fees for the extension of existing air traffic services outside of the normal negotiated and planned service amendments as documented in the Integrated Aeronautical Information Package.
In the event of the Company contemplating modifying the structure of air traffic service charges, the Company shall satisfy the Regulating Committee that the resultant charges shall not materially affect the conditions on air traffic and air navigation service charges set out in this permission.
Notwithstanding subsection (5), the Company shall submit annually to the Regulating Committee a report on the implementation of the adjusted tariff structure.
- (a) The Company may during the period of validity of this permission alter the level of air traffic service charges to the maximum limit set by the following formula:
if 0,67 * CPIFt < CPI < 1,33 * CPIFt
then ERWPTIt < (CPIt -XI + CFt) + K
or
if 0,67 * CPIFt> CPIt > 1,33*CPIFt
then ERWPTIt < (CPIt * CXt + CFt) + Kt.
where-
ERWPTIt = the sum of the revenue weighted percentage tariff increases in air traffic and air navigation charges in year t = E(Pit -Pi(t-1)) / EPi(t-1))) CPIFt = the forecast percentage increase in the Consumer Price Index in year t CPIt = the percentage increase in the Consumer Price Index in year t calculated as the increase between 31 March of year t and 31 March of year (t- 1) Xt = the subtractive X factor for year t CFt = the correction factor for year t, which shall be completely corrected for during year t = (CP(t-1)) -X(t-1)) + CF(t-1)) - (ERWPTI(t-1)) 'K(t-1))) * (1 +Pr(t-1)) if 0,67 * CPIF(t-1))< CP(t-1)))< 1,33 * CPIF(t-1)) or
= (CPI(t-1) *X(t-1) + CF(t-1) -(ERWPTI(t-1) - 'K(t-1))) * (1 + Pr(t-1)) if 0,67 * CPIF(t-1) >_ CP(t-1) >_ 1,33 * CPIF(t-1) Kt = the K factor for year t CXt = the multiplicative X factor for year t = (CPIFt -Xt) / CPIFt where- Pr(t-1) = the time-weighted average predominant prime overdraft rate in year (t-1) Pit = level of tariff i in year t (b) CPIFt, as determined by the independent forecast for the Regulating Committee shall be:
5.1 % in financial year 2001 /02
5.2% in financial year 2002/03
4.5% in financial year 2003/04 ;
4.6% in financial year 2004/05; and
4.5% in financial year 2005/06.(c) X shall be:
-5.3% in financial year 2001 /02
-5.0% in financial year 2002/03
-6.3% in financial year 2003/04 ;
6.2% in financial year 2004/05; and
5.0% in financial year 2005/06.The level of X is set to enable the Company to reach a 14% rate of return in year 2003/04 and maintain it at that level.
(d) No K
(e) Correction Factor
The correction factor for 1999/2000 has been determined and has been taken into account in calculating the proposed tariff increases for the 2001 /02.
(f) The air traffic service charges for 2001 /02 shall come into effect on 1 May 2001 and shall therefore be implemented over 11 months:
The Company shall furnish the Regulating Committee with such information as agreed upon from time to time, and in the absence of such an agreement any information as may be requested by the Regulating Committee, in order to enable the Committee to apply the conditions of this permission.
Notwithstanding subsection (5), the Company shall submit annually to the Committee an audited report setting out how the main underlying assumptions of the business plan on which this permission is based compare to actual events.
The Company shall maintain the level of service of any relevant activity at the same level or higher as that provided immediately before the date of the issuing of this permission. Provided that the Company may alter a level of service only if -
- the Company has applied to the Regulating Committee for the approval of such an alteration;
the Company has satisfied the Regulating Committee that such an alteration will not materially affect users of any such relevant activity; and
The Company shall be responsible for the monitoring, on a regular basis, of the level of any air traffic service or any air navigation service, as may be agreed from time to time between the Company and the Regulating Committee. In the absence of such an agreement the Regulating Committee shall determine the air traffic service and air navigation service to be monitored. The Company shall report the results of such monitoring to the Regulating Committee in the format and at intervals as the Committee may prescribe from time to time.