Airports Economic Regulatory Authority of India - Regulatory Overview

Airports 
   
Econom
ic    
Regulatory
Authority    of India
.
INTRODUCTION
Airports public sector monopoly till 2003.
Unprecedented growth in air traffic led to considerable
strain on airport infrastructure (2004-05 to 2007-08)
30% 
groowth
 in domestic traffic and 15% 
in
 international
2000-2010: Indian aviation had to cope with an
additional 84m PAX
.
Need for attracting private investment to create world class
infrastructure:
-Govt permitted private sector in airport development  in
2003-04.
-In 2006, Delhi and Mumbai Airports leased out  to GMR
Group and GVK Group respectively. JVCs were formed
.
INTRODUCTION
      (Contd…)
OMDA and State Support Agreement (SSA) were signed
with JVCs
SSA indicated Govt  intention to  establish independent
regulator
AERA Act, 2008 was enacted for economic regulation of
airports with effect from 1.1.2009.
INTRODUCTION
    (Contd…)
AERA Act applies to
 
all  major airports other than
a
irports and airfields belonging to or subject to control of
the Armed forces or paramilitary forces of the Union
.
A major airport which handles or is designed to handle
more than 1.5mln passengers in ayear
Govt may notify any airport as a major airport
There are 24 major airports as on 1.1.2017
Organizational Structure
 
 
 
Chairperson
Member
Member
Secretary
Deputy Chief
OSD (Tariff)
AGM
(Fin.)
AGM
(Fin.)
Under
Secretary
(F & A)
Under
Secretary
(P & A)
 
 
 
 
Regulatory Objectives
Facilitating wider policy aims for the aviation sector
through regulation of major airports, recognising
their role in the sector and economy;
Protecting and promoting interests of existing and
future users of major airports and air navigation
services through provision of quality services
commensurate with the respective charges, keeping
in particular focus the interests of passengers and
cargo facility users and the user expectations;
Promoting investment in airports and air navigation
services and their effective management so that all
reasonable demands for airport services are met
efficiently.
Main Functions of AERA
Determine tariffs for the aeronautical services.
Determine amount of Development Fees.
Determine amount of Passenger Service Fee.
Monitor the set performance standards relating to
quality, continuity and reliability of  the service at
the airport.
A
eronautical Services and AERA’s
Approach 
To
 Economic Regulation
Aeronautical Services are as given below:
Services provided by the airport operators
(Airport Services)
Air Navigation Services (ANS) A
AI
Cargo Facility, Ground Handling & Supply of
Fuel to an aircraft
Regulatory approach for tariff determination:
Price cap  Model
Light touch approach
Airport Charges
Airline charges
Landing, Parking,  Housing Charges.
Navigation charges (RNFC, TNLC)
Passenger charges
UDF
ADF
Cargo Charges
Fuel Supply
Ground Handling
Factors affecting tariff
determinatio
n
(i)
Capital expenditure incurred and timely investment in
improvement of airport facilities;
(ii)
Services provided, its quality and other relevant factors;
(iii)
Cost for improving efficiency;
(iv)
Economic and viable operation of major airports;
(v)
Revenue received from services other than the
aeronautical services;
(vi)
Concession offered by the Central Government in any
agreement or memorandum of understanding or
otherwise;
(vii)
Any other factor which may be relevant for the purposes
of this Act.
Procedure to Determine Tariffs
Determine tariff once in five years
 - 
 
Amend in public interest during the said period of five
years
Transparent process
  - Consultation with stakeholders.
   -stakeholders make submissions to AERA
   -all decisions of AERA  fully transparent, documented
& explained.
Airport operators, Indian registered airlines,
representative bodies of the airlines and airports, Cargo
facility user, Central Government, respective State
Governments and  consumer organizations consulted on
a regular basis by the Authority.
CAPEX
 
REGULATORY
ASSET BASE
(RAB)
RETURN ON RAB
DEPRECIATION
OPEX
+TAX
Non-
aero
revenue
Fair Rate of
Return: WACC
Aeronautical
Yield per
Passenger
Service Quality
Regulatory Building Block 
 
Approach
Revenue
Requirement
Traffic
Annual Tariff Proposals
Appeal Process
First Appeal: AERA Appellate Tribunal
Second appeal: Supreme Court
Regulatory Asset Base
Consists of only aeronautical assets.
Common area in Terminal building is
classified into aeronautical, non
aeronautical.
Normative cost prescribed for runway,
apron and terminal building
DEPRECIATION
Companies Act rates are followed for
standard assets
Runway, Apron and Taxiways AERA will
prescribe based on a study
Weighted Average Cost of
Capital
Cost of Equity 16% Study by NIPFP
Cost of debt
Normative debt equity not prescribed
Operation and Maintenance
Expenditure
Efficient O&M Expenses to be included
O&M Expre to be allocated- aero & non-
aero based on certain criteria
Non Aeronautical Revenue
Major non-aero revenues
Duty free
Retail
Food & Beverages
Car park
Advertisements
TILL
Single Till- All non-aero revenues used
to subsidise aeronautical charges:
Dual Till - Non-aero revenues not taken
into consideration
Hybrid Till- Portion of non-aero
revenues taken as subsidy
Taxation
Taxes paid on aeronautical revenue are
returned to the airport operator.
Annual Revenue
Requirement
ARR= RAB*WACC+D+O+T-NAR
RAB-Regulatory Asset Base, WACC-
Weighted Average Cost of Capital, D-
Depreciation, O- O&M Expre, T- Tax
 and NAR is Non-Aero Revenue
X Factor
PV of five years ARR is equated to the
PV of expected revenue at the current
airport charges to arrive at the X
Factor.
Yield Per Passenger
Maximum Allowable Yield per Passenger
PV of Aggregate ARR divided by
estimated passenger throughput.
Tariff Card
Airport Operator submits tariff card.
AERA checks to see that tariff as
proposed earns the operator a sum
equivalent to the ARR
CGF and Light Touch
Regulation
Cargo, Ground Handling and Fuel Farm Operations
Fixed on light touch if the service is
 not material, or if material it is competitive and if material and not competitive,
based on User agreements
Recent Developments
National Civil Aviation Policy-2016(NCAP-2016)-The NCAP-2016 has been
approved by the Govt.
 Para 12(C) of the NCAP-2016 has envisaged changed in the till  regime
from “Single Till” to “Hybrid Till” . Under Hybrid Till 30% of the Non-
aeronautical Revenue shall be used to cross subsidize the aeronautical
tariffs .
Para 19(a) of the NCAP-2016 has recommended for  minimum 3 ground
handlers instead of 2 as the criteria for competition assessment .
Normative Approach: AERA has issued Order No. 07/2016-17 dated
13.06.2016 benchmarking the cost for terminal building, runway, taxiway
etc.
 
 
Thank you
Orders Issued
7299022357
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The Airports Economic Regulatory Authority of India (AERA), established in 2009, regulates major airports to facilitate aviation sector growth, protect user interests, and promote investment. AERA sets tariffs, development fees, and monitors service quality to ensure efficient airport operations. The organization plays a crucial role in maintaining standards and promoting development in the Indian aviation industry.

  • Airports
  • Economic Regulation
  • India
  • Aviation Sector
  • AERA

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  1. Airports Economic Regulatory Authority of India .

  2. INTRODUCTION Airports public sector monopoly till 2003. Unprecedented growth in air traffic led to considerable strain on airport infrastructure (2004-05 to 2007-08) 30% groowth in domestic traffic and 15% in international 2000-2010: Indian aviation had to cope with an additional 84m PAX. Need for attracting private investment to create world class infrastructure: -Govt permitted private sector in airport development in 2003-04. -In 2006, Delhi and Mumbai Airports leased out to GMR Group and GVK Group respectively. JVCs were formed.

  3. INTRODUCTION (Contd ) OMDA and State Support Agreement (SSA) were signed with JVCs SSA indicated Govt intention to establish independent regulator AERA Act, 2008 was enacted for economic regulation of airports with effect from 1.1.2009.

  4. INTRODUCTION (Contd ) AERA Act applies to all major airports other than airports and airfields belonging to or subject to control of the Armed forces or paramilitary forces of the Union. A major airport which handles or is designed to handle more than 1.5mln passengers in ayear Govt may notify any airport as a major airport There are 24 major airports as on 1.1.2017

  5. Organizational Structure Chairperson Member Member Secretary OSD (Tariff) Deputy Chief Under Secretary (P & A) Under Secretary (F & A) AGM (Fin.) AGM (Fin.)

  6. Regulatory Objectives Facilitating wider policy aims for the aviation sector through regulation of major airports, recognising their role in the sector and economy; Protecting and promoting interests of existing and future users of major airports and air navigation services through provision commensurate with the respective charges, keeping in particular focus the interests of passengers and cargo facility users and the user expectations; of quality services Promoting investment in airports and air navigation services and their effective management so that all reasonable demands for airport services are met efficiently.

  7. Main Functions of AERA Determine tariffs for the aeronautical services. Determine amount of Development Fees. Determine amount of Passenger Service Fee. Monitor the set performance standards relating to quality, continuity and reliability of the service at the airport.

  8. Aeronautical Services and AERAs Approach To Economic Regulation Aeronautical Services are as given below: Services provided by the airport operators (Airport Services) Air Navigation Services (ANS) AAI Cargo Facility, Ground Handling & Supply of Fuel to an aircraft Regulatory approach for tariff determination: Price cap Model Light touch approach

  9. Airport Charges Airline charges Landing, Parking, Housing Charges. Navigation charges (RNFC, TNLC) Passenger charges UDF ADF Cargo Charges Fuel Supply Ground Handling

  10. Factors affecting tariff determination Capital expenditure incurred and timely investment in improvement of airport facilities; Services provided, its quality and other relevant factors; Cost for improving efficiency; Economic and viable operation of major airports; Revenue received from aeronautical services; Concession offered by the Central Government in any agreement or memorandum otherwise; Any other factor which may be relevant for the purposes of this Act. (i) (ii) (iii) (iv) services other than the (v) (vi) of understanding or (vii)

  11. Procedure to Determine Tariffs Determine tariff once in five years - Amend in public interest during the said period of five years Transparent process - Consultation with stakeholders. -stakeholders make submissions to AERA -all decisions of AERA fully transparent, documented & explained. Airport operators, Indian representative bodies of the airlines and airports, Cargo facility user, Central Government, respective State Governments and consumer organizations consulted on a regular basis by the Authority. registered airlines,

  12. Regulatory Building Block Approach Price Cap Regulation Single Till CAPEX Fair Rate of Return: WACC RETURN ON RAB REGULATORY ASSET BASE (RAB) Non- aero revenue Revenue Requirement Traffic OPEX +TAX DEPRECIATION Aeronautical Yield per Passenger Service Quality Annual Tariff Proposals

  13. Appeal Process First Appeal: AERA Appellate Tribunal Second appeal: Supreme Court

  14. Regulatory Asset Base Consists of only aeronautical assets. Common area in Terminal building is classified into aeronautical, non aeronautical. Normative cost prescribed for runway, apron and terminal building

  15. DEPRECIATION Companies Act rates are followed for standard assets Runway, Apron and Taxiways AERA will prescribe based on a study

  16. Weighted Average Cost of Capital Cost of Equity 16% Study by NIPFP Cost of debt Normative debt equity not prescribed

  17. Operation and Maintenance Expenditure Efficient O&M Expenses to be included O&M Expre to be allocated- aero & non- aero based on certain criteria

  18. Non Aeronautical Revenue Major non-aero revenues Duty free Retail Food & Beverages Car park Advertisements

  19. TILL Single Till- All non-aero revenues used to subsidise aeronautical charges: Dual Till - Non-aero revenues not taken into consideration Hybrid Till- Portion of non-aero revenues taken as subsidy

  20. Taxation Taxes paid on aeronautical revenue are returned to the airport operator.

  21. Annual Revenue Requirement ARR= RAB*WACC+D+O+T-NAR RAB-Regulatory Asset Base, WACC- Weighted Average Cost of Capital, D- Depreciation, O- O&M Expre, T- Tax and NAR is Non-Aero Revenue

  22. X Factor PV of five years ARR is equated to the PV of expected revenue at the current airport charges to arrive at the X Factor.

  23. Yield Per Passenger Maximum Allowable Yield per Passenger PV of Aggregate ARR divided by estimated passenger throughput.

  24. Tariff Card Airport Operator submits tariff card. AERA checks to see that tariff as proposed earns the operator a sum equivalent to the ARR

  25. CGF and Light Touch Regulation Cargo, Ground Handling and Fuel Farm Operations Fixed on light touch if the service is not material, or if material it is competitive and if material and not competitive, based on User agreements

  26. Recent Developments National Civil Aviation Policy-2016(NCAP-2016)-The NCAP-2016 has been approved by the Govt. Para 12(C) of the NCAP-2016 has envisaged changed in the till regime from Single Till to Hybrid Till . Under Hybrid Till 30% of the Non- aeronautical Revenue shall be used to cross subsidize the aeronautical tariffs . Para 19(a) of the NCAP-2016 has recommended for minimum 3 ground handlers instead of 2 as the criteria for competition assessment . Normative Approach: AERA has issued Order No. 07/2016-17 dated 13.06.2016 benchmarking the cost for terminal building, runway, taxiway etc.

  27. Thank you

  28. Orders Issued 7299022357

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