|STATEMENT OF CASE ON THE INTENT BY ZANZIBAR AIRPORTS AUTHORITY AND KILIMANJARO AIRPORTS DEVELOPMENT COMPANY LIMITED TO INTRODUCE SECURITY CHARGESSTATE|
STATEMENT OF CASE ON THE INTENT BY ZANZIBAR AIRPORTS AUTHORITY AND KILIMANJARO AIRPORTS DEVELOPMENT COMPANY LIMITED TO INTRODUCE SECURITY CHARGES
Aviation is one of the fastest growing sectors of the global economy. In Tanzania, the annual passenger traffic growth is averaged at 2.2% for year 2015 (4,850,017 passengers), 2016 (4,959,652 passengers) and 2017 (5,065,562 passengers), while aircraft movements annual average growth is 2.2%for the same period, with 225,103, 234,557 and 234,879 movements respectively. Inbound and outbound cargo rose by 6.8% in year 2017 (25,664 tons) compared to 2016 (24,030 tons).
The recently increased negotiations and signing of Bilateral Air Service Agreements (BASAs) between the Governments of the United Republic of Tanzania and other countries alongside conducive environment for local and foreign operators, signifies bright future of the air transport sub-sector in Tanzania. This will definitely pave a way for more international flight movements and therefore passengers carried into Tanzania.
Further, Air Tanzania Company Limited (ATCL) has plans to acquire more aircraft which goes hand in hand with flight network expansion both domestically and internationally. Precision Air and other air operators also have their loads being increased of recent.
Furthermore, Tanzania, through Tanzania Civil Aviation Authority has recently embarked into installation of four radar systems to cover the whole country. This will mean safety and security assurance to the landing and enroute flights. Further installation of Instrument Landing System (ILS) at Abeid Amani Karume International Airport and further to other airports provides safety assurance to service providers who operate/aspire to operate in Tanzania.
The cited development in the Tanzania aviation industry will subsequently increase aircraft movements, number of passengers and cargo volumes at the airports.
2. SECURITY SITUATION AT TANZANIAN AIRPORTS
The growth of the sector as indicated in 1 above comes with several challenges, security being in the forefront. Increase in number of passengers, cargo volumes, aircraft movements and improvement of quality of services place the airports as a target for terrorist attack. The need for strengthening security measures at the airports can therefore not be over emphasized.
Pursuant to ICAO's Document 9082, "ICAO’s Policies on Charges for Airports and Air Navigation Services", States are responsible for ensuring the implementation of adequate security measures at airports in accordance with the provisions of Annex 17 — Security to the Convention on International Civil Aviation. They may delegate the task of providing individual security functions to such agencies as airport entities, aircraft operators and local police. It is up to States to determine in which circumstances and the extent to which the costs involved in providing security facilities and services should be borne by the State, the airport entities or other responsible agencies. With reference to the recovery of security costs from the users, the following general principles should be applied:
a. Consultations should take place before any security costs are assumed by airports, aircraft operators or other entities.
b. The entities concerned may recover the costs of security measures at airports from the users in a fair and equitable manner, subject to consultation.
c. Any charges for, or transfers of, security costs to providers, aircraft operators and/or end-users should be directly related to the costs of providing the security services concerned and should be designed to recover no more than the relevant costs involved.
d. Civil aviation should not be charged for any costs that would be incurred for more general security functions performed by States such as general policing, intelligence gathering and national security.
e. No discrimination should be exercised between the various categories of users when charging for the level of security provided. Additional costs incurred for extra levels of security provided regularly on request to certain users may also be charged to these users.
f. When the costs of security at airports are recovered through charges, the method used should be discretionary, but such charges should be based on either the number of passengers or aircraft weight, or a combination of both factors. Security costs allocable to airport tenants may be recovered through rentals or other charges.
g. Security charges may be levied either as additions to other existing charges or in the form of separate charges but should be subject to separate identification of costs and appropriate explanation.
3. PROPOSED NEW SECURITY FEES
ZAA and KADCO have tabled to the Authority the proposals for introduction of security fees at airports under their jurisdiction. The requested rates per a departing passenger are as indicated in the table below:
4. STATEMENT OF CASE
According to Section 39(1) and (2) (b) of the Civil Aviation Act, Cap. 80 [R.E. 2006], the Authority may conduct an inquiry as it deems necessary for carrying out its functions. An Inquiry shall also be conducted by the Authority before it exercises power to regulate any rates or charges.
The TCAA Rules for making inquiry require the Authority to serve a Statement of Case to the public, indicating the purpose of inquiry, the time within which the submissions may be made to the Authority, the form in which the submissions will be made and the matters which the Authority would like to deal with.
Stakeholders and the general public are requested to give their views with regard to the above submission by ZAA and KADCO in line with the prevailing economic environment. Interested members of the general public, including the stakeholders in the aviation industry, the Government and TCAA Consumer Consultative Council, are invited to give their submissions in writing to the Authority not later than two (2) weeks from the first date of the inquiry notice or during public hearing indicating, with reasons, their views on ZAA and KADCO's intention of introducing the said fee.
Please note that a Public Hearing Meeting shall be held at the Aviation House, Nyerere/Kitunda Road Junction, Banana Ukonga Area, Dar es Salaam on Wednesday 17 April 2019 at 0900 hrs to collect the views of stakeholders.
TANZANIA CIVIL AVIATION AUTHORITY,
P.O. BOX 2819,
DAR ES SALAAM