Concept and transformation of airport services. In the beginning, airport services were conceived merely as infrastructures dedicated to facilitating air transport. However, the current reality requires that airports be considered as one of the main public services, closely linked to international trade, globalization, migration and security, in addition to forming a complex system of commercial services that compete both locally and internationally.Thus, airport services transcend their initial function of facilitating aeronautics, consolidating themselves as authentic public services.
Airports are defined as civil aerodromes that have permanent public facilities and services designed to regularly assist air traffic.These infrastructures allow the parking and repair of aircraft, as well as the reception and dispatch of passengers and cargo.The essential function of airports is therefore to guarantee not only landing and take-off operations, but also to provide all the necessary services so that air carriers can efficiently perform their functions.
Legal framework for airport services in the DominicanRepublic.
In the Dominican Republic, the provision of airport service is mainly regulated by Law8 ofNovember 17, 1978,a short and outdated text that, among other limitations, does not explicitly define the concepts of airport or aerodrome. However, Law 491-06on Civil Aviation provides a definition by indicating that airport is an aerodrome for public use designated as aport of entry or exit for international air traffic, where customs, immigration, public health, veterinary and phyto sanitary regulations, among other requirements, are carried out.
Characteristics of airport public services.
Various doctrines indicate that fora service to be considered public, three essential elements must be met: first, the State's obligation to provide the service, either directly or indirectly or through delegation; second, the general interest inherent in the activity, which satisfies collective needs; and third, submission to the regime of public law, which implies the prevalence of the general interest over the individual.
Constitutional and legal recognition.
Article 147 of the Dominican Constitution establishes the purpose of public services, indicating that they are intended to satisfy needs of collective interest and must be declared by law.The state guarantees access to quality public services, being able to provide them directly or through concession, authorization, joint venture, transfer of share holder ownership or other contractual modalities. Likewise, the regulation of public services is an exclusive faculty of the State, which can delegate this function to bodies created for such purposes. For its part, Law107-13 complements this framework by establishing the duty of the Public Administration to ensure reasonable standards of quality in the provision of public services and the obligation to compensate in the event of damage, even when the service has been provided regularly.
State obligations and powers in airport matters. The existence of airport facilities and the safety of their operation are fundamental state obligations. Operational safety is the responsibility of theDominican Institute of CivilAviation (IDAC), while the physical security of the facilities (security) falls to the Specialized Corps of Airport Security and Civil Aviation(CESAC). These functions represent indivisible and non-delegable components of citizen security and state sovereignty.
Law 8 of 1978 establishes that all airports in the country will be under the control and responsibility of the Airport Commission, a specialized body with legal personality and its own assets in charge of the administration, use and maintenance of airports, consolidating it self as the highest authority in the matter. Although the original intention of Law 8was direct control and administration by the State, the existence of concessions and the authorization of private airports have generated a flexible framework where the public function can be exercised by state or private entities, without altering the public nature of the service.
Concessions and private operation regime.
Currently, there are 14 airports in the country, of which eight are international. Five of these belong to the State, but are operated by concession aire companies, and three are privately owned, authorized by decrees and contracts with the State. The concession process initiated in 1998 culminated in the award to the Consorcio Aeropuertos Dominicanos Siglo XXI, through the 1999 Airport Concession Contract, which has been modified on several occasions. This contract imposes obligations on the concession aire such as guarantee ing trained personnel, quality equipment, execution of investments, and compliance with international standards (ICAO), in addition to supervision and possible sanctions in case of non-compliance. On the other hand, private airports, although authorized by the State, have less strict contracts and allow the establishment of non-staterates, regulated only by competition in theLatin American market.
Law 188-11 on Airport and Civil Aviation Security reinforces the protection of airports and flights against illegal acts, assigning specific responsibilities to organizations such asCESAC, CONASAC and the Dominican Air Force.
The Chicago Convention, an international treaty ratified by the country, and its Annex 14 on aerodromes have been incorporated into the national sphere through Aeronautical Regulation (RAD) 14, which establishes technical and operational provisions for the certification, design, maintenance and safe operation of aerodromes. Law 491-06confers on IDAC the authority to authorize and supervise the construction, operation and operation of airports, as well as to prevent risks derived from construction or obstacles in the surroundings.
Tariff regime and economic control.
Tariff Regulation 2658 establishes that the Airport Commission will collect, through the corresponding administrations, the funds derived from airport fees and fees, being able to delegate this function. Both Law 8and the Tariff Regulations subject the modification of tariffs and the administration of funds to the approval of the Executive Branch, which is specified in decrees such as No.876-09.
Limitations and challenges of the airport sector.
Currently, airport service in the Dominican Republic partially complies with the principles of a public service, showing acceptable levels of universality, accessibility, responsibility, continuity and quality. However, deficiencies persist in efficiency, transparency, reasonableness, and tariff equity, mainly attributable to insufficient regulation.
Regulatory inadequacy is one of the main factors that explain the current weaknesses of the airport service in the Dominican Republic. This situation is evident in a scenario where the provision of airport services falls mostly on private companies, both in state-owned and private airports.
The absence of a solid regulatory framework translates into significant shortcomings in key aspects for the efficient and equitable functioning of the sector. These aspects include commercial areas, the protection of competition, and transparent and fair access to airport slots. The lack of specific regulation in these critical points generates vulnerabilities that affect the quality, transparency and equity in the provision of services, limiting the development of a truly efficient airport system aligned with the principles of public service.
Proposals for strengthening the airport service.
Creation of a robust regulatory framework, which contemplates the existence of a regulatory body with co-powers to supervise, regulate and sanction operators, as well as establish clear parameters for airport management, guaranteeing quality, fair prices, transparency in the contracting of services and adequate investment in infrastructures.
Establishment of effective supervision over the collection and collection of state airport charges. Promotion of free competition in the provision of services within airports, promoting healthy processes of competition in commercial services, beyond the mere convenience of operators.