41. Federal law on the determination of airport charges (airport fee law - FEG)
The National Council has decided:
Scope of application
1. (1) regulates this federal law the definition of airport charges.
(2) this Act is to apply to all airports within the meaning of § 3 Z 1.
(3) the Federal Minister for transport, innovation and technology has a list of airports to which this Federal Act referred to in paragraph 2 to apply is to publish in a suitable manner.
(4) legislation, which refer to the provisions of this Federal Act, shall remain unaffected.
Independent supervisory authority
2. (1) the Federal Minister for transport, innovation and technology is as an independent supervisory authority within the meaning of article 11 of Directive 2009/12/EC on airport charges, OJ P. 11, determined No. L 70 of March 14, 2009.
(2) the Federal Minister for transport, innovation and technology has to prepare a report on their activity in the enforcement of the provisions of this Federal Act annually by June 30 of each calendar year. This report is to present the National Council and to publish in a suitable manner.
§ 3. Means within the meaning of this federal law: 1 Airport: airports pursuant to article 64 of the aviation law (LFG), Federal Law Gazette No. 253/1957, as well as military airfields, where within the meaning of article 62 par. 3 international aviation for purposes of civil aviation operated LFG, where in the past calendar year more than 100,000 passengers were transported annually, 2 airport managing body: civil airport owner within the meaning of the Aeronautics Act and the shared use of authorized pursuant to § 62 3 LFG , 3. airport users: any natural or legal person who carries out the transport of passengers, mail or cargo by air to or from the airport, 4 Airport charge: A cash consideration paid by an airport users at the airport managing body for the use of facilities and services which will be provided exclusively by the airport managing body and landing, starting, lighting and parking of aircraft, as well as with the handling of passengers , Postal and freight are available including the fee payable by an airport users at the airport managing body in accordance with section 10, paragraph 2, of the Federal Act on the opening of access to the groundhandling market at airports (airport ground handling law, Harvesters), BGBl. No. 97/1998 and the security fee pursuant to § 11 of the Aviation Security Act (LSG 2011), Federal Law Gazette I no. 111/2010, 5 airport charging system: that part of the civil aerodrome conditions of use in accordance with section 74 LFG , which airport charges within the meaning of no. 4 including their height adjusts, 6 airport network: a group of airports, which was recognized in accordance with section 5 as airport network, 7 third-State: a State which is not a member of the European Union or such by intergovernmental agreement, 8 traffic unit: A passenger transported to the airport by an airport user or 100 kg at the respective airport cargo or mail carried.
Prohibition of discrimination
§ 4 airport charging systems must contain no discrimination between airport users. This does not preclude however a differentiation of airport charges for issues of public interest, including environmental protection. The criteria used for this differentiation must be appropriate, objective and transparent.
§ 5. Several airports are on request by decision of the Federal Minister for transport, to recognize innovation and technology as a airport network if the airports in aircraft of the same airport managing body. Airport managing bodies of recognized airport networks are entitled to introduce a common and transparent airport charging system for the entire network.
Common charging system
§ Is 6 more airports on request by decision of the Minister of transport to approve a common and transparent charging system innovation and technology if the airports serving the same city or conurbation and every airport meets the transparency requirements set out in § 12 fully. The European Commission is by the Federal Minister for transport, innovation and technology prior to such approval to inform.
Section 7 (1) at each airport is to set up a user Committee formed by the airport users within the meaning of § 3 Z 3. Each user can decide whether he participates in the Committee itself or would like to be is represented. The number of votes a user is calculated based on the ratio of transport units in the calendar year to the total number of transport units of the airport. The Chairman of a Committee of users has to convene the meetings of the relevant Committee. He has all persons referred to in paragraph 3 or organisations, as well as the Federal Minister for transport, be given the opportunity to participate in sessions innovation and technology through appropriate notice. The inaugural meeting of a Committee of users has initially chaired by the Federal Minister for transport, to be innovation and technology. During the inaugural session, users Committee Chairman is to choose.
(2) a user Committee has to give its rules of procedure within three months from Constitution. This is the Federal Minister for transport, to give innovation and technology.
(3) in the context of the users Committee, consultations between the airport managing body and airport users or the representatives or associations of airport users, particularly with regard to implementing the airport scheme, to be the level of airport charges, planned investments and the quality of provided services have.
(4) meetings of the users have to take place at least once a year.
Airport charging system
Section 8 (1) is the responsible for the airport managing body for periods exceeding a year not limited to set the airport scheme including the level of airport charges. After expiry of the validity of the airport charging system is the last applicable airport charging system to apply to an approval in accordance with § 9 or a substitute pursuant to § 10 par. 2.
(2) the airport charging system has to comply with the principles set out in section 4.
(3) the level of airport charges is under the airport charging system of the airport managing body, without prejudice to the regulation in § 11 ABS. 3 under application of the limitation rule contained in provisions of the annex to the Federal law to set.
(4) the airport management body has the applicable airport charging system in an appropriate manner to publish.
Approval of the airport charging system, consultation
Created airport charging systems are the Federal Minister of transport § 9 (1) by an airport managing body, to present innovation and technology for approval. The submission has no later than two months before the expiry of the validity of the applicable airport charging system to be carried out. The proposal contains provisions, which include a new calculation of the level of charges in accordance with paragraphs 6 or 7 of the system, the submission has at least four months before the expiry of the applicable airport charging system to be carried out. The approval is granted if 1 the proposed airport charging system complies with the requirements referred to in article 8, and 2. the consultation procedure referred to in paragraph 2 and paragraph 3 was carried out properly.
(2) the airport management body has to consult the users Committee prior to the submission of the application referred to in paragraph 1. This consultation is to take at least four months prior to the entry into force of the new airport scheme by submitting a proposal to the adoption or amendment of airport charging system, unless it's exceptional circumstances are given, which can be justified to airport users.
(3) in consultation with the users Committee, the airport managing body has the proposals contained in the request in accordance with paragraph 1 for the adoption or amendment of airport charging system together with a justification of the proposed amendments to present the user Committee. Are the grounds in article 12 para 1 to close at information. The airport managing body has the views put forward in the user Committee before a decision on the submission of a new airport charging system to the Federal Minister of transport, adequately to take into account innovation and technology referred to in paragraph 1. The airport managing body shall justify its decision with regard to the expressed views of the airport users, if no agreement on the proposed regulations was reached between him and the airport users.
(4) a procedure referred to in paragraph 1 to 3 that I so has no. 111/2010, security charge pursuant to § 11 of the Aviation Security Act (LSG 2011), Federal Law Gazette for the Federal Minister for transport, to communicate the outcome of the Federal Minister of the interior innovation and technology.
As a substitute definition the airport charging system
§ 10 (1) fails the timely presentation of an airport charging system complying with the requirements of this Bundesgesetztes the airport managing body, has the Federal Minister for transport, to arrange a reasonable period of time to submit of an airport charging system corresponding to the requirements of this federal law innovation and technology with procedural order.
(2) the airport management body not timely fulfil an order referred to in paragraph 1, the Federal Minister for transport has set an airport charging system corresponding to the requirements of this federal law innovation and technology as a substitute with notice. Before substitute committing of an airport charging system is by the Federal Minister for transport, making innovation and technology a consultation of the users Committee.
Relationship to other laws
11. (1) the airport charging system is part of the civil aerodrome conditions of use in accordance with section 74 LFG including the tariff rules pursuant to § 20 civil aerodrome operating regulations (ZFBO), Federal Law Gazette No. 72/1962. Will a change of airport charging system in accordance with the provisions of this Federal Act is made, the civil aerodrome conditions of use apply in so far as amended. A separate permit pursuant to § 74 LFG in conjunction with § 20 ZFBO is not required in this case.
(2) those parts of the airport charging system relating to airport users FBG (infrastructure tariffs) on fees to be paid the airport management body in accordance with section 10, paragraph 2, are to be determined by application of the provisions of this Federal Act by the airport managing body and approved by the Federal Minister for transport, innovation and technology in accordance with § 9, or set, where appropriate, in accordance with article 10 or article 22 para 3. In such cases it is not applicable FBG in § 10 par. 2 mandatory approval.
(3) those parts of the airport charging system affecting the security charge according to § 11 LSG, are set by applying the provisions of this Federal Act and approved by the Federal Minister for transport, innovation and technology in accordance with § 9, or set, where appropriate, in accordance with article 10 or article 22 para 3. The determination of the amount of the security charge has until June 30, 2014, under application of article 11, par. 1 and par. 3 to be called LSG criteria. After this time is to determine the amount of the security charge by applying the provisions of the annex to the Federal law.
Section 12 (1) has the airport managing body each airport user, or the representatives or associations of airport users, whenever consultations pursuant to paragraphs 7 and 9 must be to provide those information on the facts that underlie the establishment of the airport charges system or the level of all charges levied at each airport by the airport managing body. This information shall include at least the following: 1. a list of the various services and infrastructure provided in return for the airport charge levied, 2. the method used for setting airport charges, 3 the overall cost structure with regard to the facilities and services, the airport charges relate, 4. the income of different fees and total costs of services thus funded, 5. any financing by the public authorities of the facilities and services that relate to the charges, the expected development of charges, of the traffic and intentional investments at the airport, 7 the actual use of the infrastructure and equipment of the airport in a certain 6 period and 8 the foreseeable result of planned major investments in terms of their effects on the airport capacity.
(2) the airport managing body before every consultation according to the § airport users do have to submit article 7 and 9 in particular the following information: 1. forecasts as regards traffic, 2 estimated composition and intended use of their fleet, 3. planned change their activity on the airport concerned and 4 requirements at the airport concerned.
(3) if the information provided on the basis of paragraph 1 and 2 of airport users and airport managing bodies are referred to by them as confidential or otherwise worthy of protection, may be not disclosed by the recipient of the information to third parties. There is no obligation for the transmission of information, what operating trade secrets include or be otherwise classified in other legislation as worthy of protection.
§ 13. The airport managing body has to consult the users Committee before the planning of new infrastructure projects, whose total investment exceeds an amount of five million euro, is completed. Exceeded such consultation carried out the number of passengers transported on the airport in the calendar year that is five million, if the planned infrastructure project investment amounts to more than ten million euros.
Section 14 (1) has the airport managing body to offer the users or the representatives or associations of airport users of the airport concerned negotiations for the conclusion of a service agreement with regard to the quality of the services provided at the airport. These negotiations can be part of the consultations in the framework of the users Committee.
(2) in performance agreements is the level of to be provided by the airport management body services to set so that the actual airport charging system or the level of airport charges and the level of services, the airport users in return for airport charges are entitled, is taken into account.
(3) in the case of the lack of fulfilment of the agreed standards, the sanctions contained in the agreement shall apply.
Differentiation of services
Section 15 (1) may vary the airport managing body quality and scope of particular airport services, terminal building or parts of terminal buildings, to provide tailored services or provide a specially assigned terminal or a particularly assigned to part of a terminal building. The level of airport charges can be differentiated here without prejudice to the provisions of sections 4 and 8 according to the quality and the scope of these services and their costs or other objective and transparent reasons.
(2) access to these services or this terminal building or part of a terminal building is all airport users, who want to use the tailored services or the specially assigned terminal building or the specially assigned to part of a terminal building, by the airport managing body to enable. If more airport users wishing access to the tailored services respectively a specially assigned terminal or part of Terminal than due to capacity limitations can get access, access on the basis of appropriate, establish objective, transparent and non-discriminatory criteria. These criteria apply as part of the airport charging system.
§ 16 the Federal Ministry for transport, innovation and technology finds that a third country airport users of the Union legally or in fact in determining airport charges and airport charging systems discriminated against or are not this federal law comparable rights granted airport users of the community from a third country, so can the Federal Minister for traffic, from this federal law established rights of originating in the third country concerned users with regulation wholly or partially suspend the innovation and technology.
Treatment of operation and business secrets
§ 17 (1) the Federal Minister for transport, innovation and technology has to maintain her in the enforcement of the provisions of this Federal Act known operational or business secrets or other legislation as worthy of protection classified information in particular in accordance with the data protection act.
(2) the qualification of a fact as operating or trade secret or sensitive information is the responsibility of the Federal Minister for traffic, which has also a balancing of the interests of the person entitled to the secrecy on the one hand and the interests to make third parties to disclose, on the other hand.
(3) the Federal Minister for transport, innovation and technology has justified doubts as to the need to protect the secrecy of a fact or information, it has to inform the guardian and him to ask his economic or other interest in secrecy to make credible.
§ 18. Who is for a service provided by an airport managing body a higher or lower fee demands, accepts or promise themselves can, as this is provided for in an airport charging system in accordance with this federal law, commits an administrative offence and is by the district administrative authority with a fine up to 10 000 euro, in case of repeated up to 20,000 euros, to punish.
Reference to guidelines
§ 19. With this federal law, the directive will be implemented 2009/12/EC.
§ 20. As far as referenced in this Federal Act on provisions of other federal laws, these are to apply in their up-to-date version.
Linguistic equal treatment
§ 21. As far as the designations employed in this federal law relating to natural persons, the selected form applies to both sexes. In the application of these terms to certain natural persons the respective gender-specific form is to use.
Entry into force and transitional provisions
22. (1) this Federal Act July 1, 2012 into force.
(2) the relevant provisions of infrastructure tariffs civil airfield use conditions applicable to June 30, 2012 pursuant to § 74 existing LFG including on June 30, 2012 in accordance with article 10, par. 2 FBG and security charges pursuant to § 11 LSG apply from the entry into force of this federal law until the first time adoption of an airport charging system referred to in paragraph 3 as airport charging system within the meaning of § 3 Z 5.
(3) the managing body has until November 1, 2012, the Federal Minister for transport, to submit a corresponding to the provisions of this Federal Act airport charging system for approval, innovation and technology, failing which the corresponding airport charging system in application of article 10 by the Federal Minister for transport, officio to assess innovation and technology.
section 23. With the completion of this federal law, the Federal Minister for transport, innovation and technology is responsible for.