F35[33.—F36[(1) In making a determination, the principal objectives of the Commission shall be to protect and promote the reasonable interests of current and prospective users of Dublin Airport and the Commission shall seek to—

(a) promote safety and security at Dublin Airport,

(b) facilitate the efficient and economic development and operation of Dublin Airport,

(c) promote high-quality and cost-effective airport services at Dublin Airport, and

(d) take account of the policies of the Government on aviation, climate change and sustainable development.]

(2) In making a determination the Commission shall have due regard to—

(a) the restructuring including the modified functions of F1[daa],

(b) the level of investment in airport facilities at Dublin Airport, in line with safety requirements and commercial operations in order to meet the needs of current and prospective users of Dublin Airport,

(c) the level of operational income of F1[daa] from Dublin Airport, and the level of income of F1[daa] from any arrangements entered into by it for the purposes of the restructuring under the State Airports Act 2004,

(d) costs or liabilities for which F1[daa] is responsible,

(e) F37[…]

(f) policy statements, published by or on behalf of the Government or a Minister of the Government and notified to the Commission by the Minister, in relation to the economic and social development of the State,

(g) the cost competitiveness of airport services at Dublin Airport,

(h) imposing the minimum restrictions on F1[daa] consistent with the functions of the Commission, F37[…]

(i) such national and international obligations as are relevant to the functions of the Commission and F38[daa, and]

F39[(j) the need to encourage competition at Dublin Airport to—

(i) improve capacity,

(ii) provide choice on routes,

(iii) provide choice between airlines, and

(iv) improve international connectivity.]

(3) Having regard to section 5(2) of the State Airports Act 2004, subsection (2)(a) does not apply in relation to the first determination made after the Dublin appointed day.

(4) The Commission shall not later than 6 months or such lesser period, after consultation with the Commission, as the Minister decides—

(a) after the making of the first determination, where it is made after the Cork or Shannon appointed day (within the meaning of the State Airports Act 2004), and

(b) where the first determination is made before either of those appointed days, after that appointed day,

have due regard to the restructuring, including the modified functions of F1[daa]. Where it considers it appropriate it may amend the determination.

(5) In this section—

"restructuring" is to be construed in accordance with the State Airports Act 2004;

"user" means any person—

(a) for whom any services or facilities the subject of airport charges are provided at Dublin Airport,

(b) using any of the services for the carriage by air of passengers or cargo provided at Dublin Airport, or

(c) otherwise providing goods or services at Dublin Airport;

"operational income" includes airport charges and commercial revenues associated with the operation of Dublin Airport.]