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1. Without prejudice to the possibility for Member States to finance the provision of air navigation services covered in this Article through public funds insofar as it is in line with Treaty rules on competition where applicable, charges for air navigation services shall be determined, imposed and enforced on airspace users. The charging scheme set up under this Article and Articles 30 to 32 shall be consistent with Article 15 of the Chicago Convention. For en route charges, the charging scheme set up under this Regulation and the implementing acts referred to in Article 33 and Eurocontrol’s charging system for en route charges shall be consistent.

2. Articles 29 to 36 shall not apply to terminal air navigation services provided at airports, located in the territory of the Member States to which the Treaty applies, with less than 80 000 IFR air transport movements per year. However, a Member State may decide that such terminal air navigation services are subject to those Articles.

3. Charges shall be based on the costs of air navigation service providers designated under Articles 8 and 10 incurred in respect of services and functions for the benefit of airspace users over fixed reference periods as defined in Article 21(3). Those costs may include a reasonable return on assets.

4. Charges shall encourage the safe, efficient, effective and sustainable provision of air navigation services with a view to achieving a high level of safety and cost-efficiency whilst reducing the environmental impact of aviation.

5. Revenues received by an air navigation service provider designated under Articles 8 and 10 from charges imposed on airspace users in accordance with this Article shall not be used to finance services which that air navigation service provider provides under market conditions in accordance with Article 11 or to finance any other commercial activity performed by that provider.

6. Financial data on determined costs, actual costs and related revenues of designated air navigation service providers shall be reported to national supervisory authorities. For the purpose of enabling the Commission to carry out its tasks under this Regulation, national supervisory authorities shall report those data to the Commission in accordance with the modalities defined in the implementing act referred to in Article 33. Financial data on determined costs, actual costs and related revenues shall be made available to airspace users, and shall be published in accordance with Article 52(3).