The recent reform of the solidarity tax on airline tickets (TSBA), which came into force on March 1, is causing serious concern in the overseas territories. While this tax tripled, reaching up to €30 for some tickets, Senator Annick Pétrus warns of its impact on Saint-Martin, where the plane often remains the only means of transport.
Keen to clarify the concrete consequences for residents of the Northern Islands, the senator questioned the Minister of Transport, Philippe Tabarot. In his response, the latter recalled that SXM and SBH enjoy a diet derogatory which “was not called into question by the reform which came into force on March 1, 2025”: the passengers departing from Grand-Case are exempt from TSBA, while those departing from Princess Juliana are not affected, “because they are departing from Dutch territory”.
On the other hand, passengers to both airports remain “subject to the lowest TSBA fare, belonging to the European or similar destination”, subject to the green light from the European Commission, which is still pending. “Unfortunately, the Commission is not expected to grant it because a differentiated fare is considered state aid by the European Union,” the minister said, recalling the Ryanair/Aer Lingus case law.
Case law Ryanair et Aer Lingus concern disputes over airport taxes in Ireland. In these cases, the airlines applied different tax rates depending on the destination (national vs international). The European Commission, Followed by Court of Justice of the European Union (CJEU), ruled that this tariff differentiation constituted a illegal state aid, because it favored certain flights or companies to the detriment of others, thus distorting competition.
This is why, in the case of the TSBA (solidarity tax on airline tickets), European Commission could refuse the application of a specific reduced rate for overseas territories, considering that it would be a disguised state aid, contrary to European competition rules.
Regarding the compensation promised via LADOM, this remains reserved for the usual beneficiaries (young people, students, job seekers in training, sportsmen), and will see its reinforced means, with an additional €16 million. _Vx
https://faxinfo.fr/en/transport-aerien-taxe-sur-les-billets-davion-la-senatrice-annick-petrus-interpelle-le-gouvernement/
