The Council adopted its common position by qualified majority. However Luxembourg argued that the amended scope of the directive discriminates between airports with comparable traffic data in different Member States.
The Commission considers that the common position reflects the main objectives of its proposal at those airports where it will apply. Nevertheless, the significant reduction of the scope also will mean that these objectives will not be met at several airports in the European Union. The Commission still considers that the initially proposed scope - that the directive should apply to all airports with an annual traffic of more than 1 million passengers or more than 25 000 tons of cargo - would better support the objectives of the directive and be more aligned with other Community instruments on similar matters.
The Commission considers that the only way to allow the procedure to continue is by not opposing it.
The Commission made the following statement: “The Commission will assess whether, as a result of the implementation of the proposed Directive, the airports referred to in Article 1(2) are being unjustifiably disadvantaged vis-à-vis other airports with comparable traffic data of other Member States with which they are in competition. Where appropriate, the Commission will take adequate initiatives in order to restore a level playing field including, if necessary, making proposals for reviewing the Directive's thresholds”.