Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-09-03-Speech-2-026"
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"en.20020903.2.2-026"2
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"Mr President, Commissioner, if one reads the texts proposed by the Commission, one is led to believe that air navigation services might be subject to the Community’s economic rules, which would mean having to publish calls for tender for public services of this particular type. Yet, in its judgement of 19 January 1994, the Court of Justice stated that air navigation control is a task of the public authorities that is entirely devoid of economic character, since this activity is a service of general interest designed to protect both air transport users and the populations affected by aircraft flying overhead. One might believe, therefore, that air traffic control, flight information and alerting services exert a form of administrative police of a regal nature, and they cannot, under any circumstances, be incorporated into a market service, despite the existence of user charges. The fact that these services are covered by charges paid by the users does not, however, confer upon them the character of services that are subject to the economic rules of the Treaty.
That is why the Member States must be able to choose the procedures for organising and providing these services depending on the volume and nature of traffic that they have to manage, as well as the economic realities specific to their territory. We should also point out that air traffic services cannot be subject to the economic rules of the Treaty, nor can competition be introduced. The conflicts of interest which might arise from this would have an extremely harmful effect on the safety of air transport and, more importantly, of the general public. One of the sovereign functions of the State is to ensure the safety of its population and its territory. It is therefore the duty of the States and the States alone – which must, of course, improve harmonisation within Eurocontrol – to fulfil this duty."@en1
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