Article 218, paragraph 9, of the TFUE provides for decisions that “define the positions to be taken on behalf of the Union within an agreement-based body when that institution is invited to adopt acts with legal effects, with the exception of acts that complement or modify the institutional framework of the agreement”. Air navigation charges finance the costs of air navigation services made available to airlines, including the following activities: air traffic management (ATM), communications, navigation and surveillance (CNS), search and rescue (SAR), aviation information and weather observations, forecasts of the French office (Meteo France). The provision of air navigation services is financed by air navigation fees. Air navigation charges are calculated on the basis of the costs associated with the provision of air navigation services borne by designated air navigation service providers and the part of the costs borne by the Member State for the monitoring of these services. There are two types of air navigation charges: road charges and terminal taxes. The designated ANSP is required to report to the CAA President the cost base of road and terminal charges each year. THE ANSP is also required to report simultaneously the rates calculated for the road and terminal. The reports are based on tables and additional information drawn up in the Commission`s Implementation Regulation (EU) 391/2013 of 3 May 2013 on a common air navigation pricing system (EU royalty regulation) and Eurocontrol legislation (see below). Starting in 2015, air navigation charges will be calculated on the basis of cost methodology. According to the cost estimate, air navigation charges, both on the road and in the terminal, are based on the costs set out in the air navigation service performance plan and are aligned with performance targets in the area of economic efficiency. For loading areas, air navigation charges (on the move and at the terminal) are set. In Poland, there is a loading zone on the line – FIR Warszawa – while terminal loading zones are set up according to the Polish national procedure, which is approved by a decision of the President of the CAA regarding the request of the designated air service provider.
Air navigation charges (on the move and in the terminal) are subject to consultation with representatives of airspace users.