Airport Fee Law - Feg

Original Language Title: Flughafenentgeltegesetz - FEG

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41. Federal Law on the determination of airport charges (Airport charges law-FEG)

The National Council has decided:

Scope

§ 1. (1) This Federal Act regulates the determination of airport charges.

(2) This federal law shall apply to all airports within the meaning of § 3 Z 1.

(3) The Federal Minister for Transport, Innovation and Technology has to publish a list of airports to which this federal law is to be applied in accordance with paragraph 2 of this article.

(4) Legislation that refers to the provisions of this Federal Act shall remain unaffected.

Independent Supervisory Authority

§ 2. (1) The Federal Minister for Transport, Innovation and Technology shall be an independent supervisory authority within the meaning of Article 11 of Directive 2009 /12/EC on airport charges, OJ L 327, 22.12.2009, p. No. OJ L 70 of 14.03.2009 p. 11.

(2) The Federal Minister for Transport, Innovation and Technology has to draw up a report annually by 30 June of each calendar year on its activities in the enforcement of the provisions of this Federal Law. This report shall be submitted to the National Council and shall be published in an appropriate manner.

Definitions

§ 3. In the sense of this federal law means:

1.

Airport: Airports according to § 64 of the Aviation Act (LFG), BGBl. No 253/1957, as well as military airfields, on which international air transport is carried out for civil aviation purposes pursuant to section 62 (3) of the LFG, and on which more than 100,000 passengers were transported annually in the previous calendar year,

2.

Airport managing body: Civil plane holder in the meaning of the Aviation Act and the persons entitled to participate in accordance with § 62 (3) LFG,

3.

Airport users: any natural or legal person who is responsible for the carriage of passengers, mail and/or Cargo shall be carried out on the airway to or from the airport concerned;

4.

Airport charges: A cash benefit paid by an airport user to the airport managing body for the use of the facilities and services provided solely by the airport managing body and with landing, start, The lighting and relocations of aircraft, as well as the handling of passengers, mail and cargo, including the remuneration to be paid to the airport managing body by an airport user, in accordance with § 10 (2) of the Federal Law on the opening of access to the market of Groundhandling services at airports (Airport Ground Services Act, FBG), BGBl. No 97/1998 and the security pay according to § 11 of the Aviation Safety Act (LSG 2011), BGBl. I No 111/2010,

5.

Airport charging system: The Jener part of the civil airfield use conditions in accordance with § 74 LFG, which regulates airport charges within the meaning of Z 4, including the level thereof,

6.

Airport network: a group of airports recognised as an airport network pursuant to § 5,

7.

Third State: a State which is not a member of the European Union or of any such State by: the inter-governmental agreement,

8.

Transport unit: A passenger transported at the airport by an airport user. 100 kg of freight or mail transported at the respective airport.

Non-discrimination

§ 4. Airport charges must not include discrimination between airport users. This does not preclude the differentiation of airport charges in matters of public interest, including environmental protection. The criteria used for this differentiation shall be appropriate, objective and transparent.

Airport network

§ 5. At the request of the Federal Minister for Transport, Innovation and Technology, several airports are to be recognised as an airport network, provided that the airports are located in the same airport managing body. The airport management bodies of recognised airport networks shall be entitled to introduce a common and transparent system of airport charges for the entire airport network.

Common charging scheme

§ 6. At the request of the Federal Minister for Transport, Innovation and Technology, several airports are to approve a common and transparent charging system, provided that the airports serve the same city or conurbations area and Each airport shall comply fully with the transparency requirements referred to in § 12. The European Commission is to be informed by the Federal Minister for Transport, Innovation and Technology prior to granting such authorisation.

User Committee

§ 7. (1) A user committee shall be set up at each airport to be constituted by the airport users within the meaning of section 3 (3) (3). Each user can decide whether he or she would like to take part in the committee or to be represented. The number of votes of a user shall be calculated according to the ratio of its transport units in the previous calendar year to the total number of transport units of the airport. The chairman of a user committee shall convene the meetings of the committee concerned. It shall give all persons or organisations referred to in paragraph 3 and the Federal Minister of Transport, Innovation and Technology the opportunity to attend meetings by means of appropriate notice. The constituent meeting of a user committee was initially chaired by the Federal Minister for Transport, Innovation and Technology. The Chairman of the Users ' Committee shall be elected in the context of the constituent meeting.

(2) A User Committee shall adopt its own rules of procedure within three months of the constitution being constitutionated. This is to be announced by the Federal Minister for Transport, Innovation and Technology.

(3) Within the framework of the Users ' Committee, consultations shall be held between the airport managing body and airport users or the representatives or associations of airport users, in particular with regard to the implementation of the airport charging system, the level of the airport charges, planned investments and the quality of the services provided.

(4) Meetings of the Users ' Committee shall be held at least once a year.

Airport charging scheme

§ 8. (1) The airport charges system, including the level of airport charges, shall be fixed for a period not over a period of one year from the airport managing body responsible for the airport in question. After the expiry of the validity of the airport charging system, the last applicable airport charging system shall be applied until a permit pursuant to § 9 or a determination in accordance with § 10 (2) is determined.

(2) The airport charging system shall comply with the principles laid down in § 4.

(3) The level of airport charges is within the scope of the airport charges regulation by the airport managing body, without prejudice to the regulation in § 11 para. 3 under the application of the limiting rules contained in the provisions of the annex to this Federal Act .

(4) The airport managing body shall publish the current system of airport charges in an appropriate manner.

Approval of the airport charging system, consultation procedure

§ 9. (1) Airport compensation arrangements drawn up by an airport managing body shall be submitted for approval by the Federal Minister for Transport, Innovation and Technology. The application has to be made no later than two months before the expiry of the applicable airport charging system. If the application contains provisions, which are to recalculate the level of charges in accordance with points 6. or 7. the facility shall be submitted at least four months before the end of the applicable airport charging scheme. The authorisation shall be granted if:

1.

the present airport charging system complies with the requirements referred to in Article 8; and

2.

the consultation procedure under (2) and (3) has been duly carried out.

(2) The airport managing body shall consult the User Committee before submitting an application in accordance with paragraph 1. This consultation shall be initiated at least four months before the entry into force of the new airport charging scheme by the submission of a proposal to fix or amend an airport charging scheme, unless exceptional circumstances are , which are to be justified in relation to the airport users.

(3) In the context of the consultation with the Users ' Committee, the airport managing body shall, together with a statement of reasons for the proposed regulation, have the proposals contained in the application referred to in paragraph 1 to establish or amend an airport charging scheme. To submit amendments to the Users ' Committee. In particular, the explanatory statement shall be accompanied by the information referred to in Article 12 (1). Before taking a decision on the submission of a new airport charging system to the Federal Minister for Transport, Innovation and Technology, the airport managing body shall adequately address the views expressed in the Users ' Committee in accordance with paragraph 1 of this Article. consideration. The airport managing body shall justify its decision by referring to the views expressed by the airport users if no agreement has been reached between the airport users and the airport users on the proposed arrangements.

(4) Subject to a procedure in accordance with section 1 to 3 of the security charge in accordance with § 11 of the Aviation Safety Act (LSG 2011), BGBl. I n ° 111/2010, the Federal Minister for Transport, Innovation and Technology has announced the outcome of the procedure of the Federal Minister for Home Affairs.

Replacement of the airport charging system

§ 10. (1) The Federal Minister of Transport, Innovation and Technology, with a procedural arrangement, shall administer the timely submission of an airport charging system corresponding to the requirements of this Federal Act of Germany. To arrange an appropriate period of time for the submission of an airport charging system corresponding to the requirements of this Federal Act.

(2) If the airport managing body of an arrangement pursuant to paragraph 1 does not comply with the deadline, the Federal Minister of Transport, Innovation and Technology shall, in replacement with a decision, have to comply with the requirements of this Federal Law. to set the airport charges. The Federal Minister for Transport, Innovation and Technology has to consult the Users ' Committee prior to the replacement of an airport charging system.

Relationship with other legislation

§ 11. (1) The airport charging system is part of the civil airfield use conditions according to § 74 LFG, including the Tarifordnung pursuant to § 20 Civil Aviation Rules (ZFBO), BGBl. No 72/1962. If an amendment to an airport charging system is made in accordance with the provisions of this Federal Act, the civil airfield use conditions shall be deemed to have been amended to the extent that it is amended. A separate authorization in accordance with § 74 LFG in conjunction with § 20 ZFBO is not required in this case.

(2) The components of the airport charging system concerning charges to be paid to the airport managing body by airport users pursuant to § 10 paragraph 2 FBG (infrastructure tariffs) are subject to the application of the provisions of this Federal Act of Airport managing body to be determined and approved by the Federal Minister for Transport, Innovation and Technology in accordance with § 9, respectively if appropriate in accordance with § 10 or § 22 (3). In such cases, the authorization required in Section 10 (2) of the FBG shall not be granted.

(3) The provisions of this Federal Law shall be laid down by the Federal Minister of Transport, Innovation and Technology in accordance with § 9 of the Airport Charging Scheme, which relates to the security charge in accordance with Section 11 of the LSG. , or if appropriate in accordance with § 10 or § 22 (3). The determination of the amount of the security pay shall be determined by 30 June 2014 using the criteria mentioned in § 11 (1) and (3) of the LSG. After that date, the amount of the security pay shall be determined by applying the provisions of the annex to this federal law.

Transparency

§ 12. The airport managing body shall, whenever consultations are to be carried out in accordance with Articles 7 and 9, provide any information on the facts to be provided to any airport user or to the representatives or associations of airport users whenever consultations are carried out in accordance with Articles 7 and 9 of this Regulation. the determination of the system of airport charges 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 amount of airport charges levied;

2.

the method used for the determination of the airport charges;

3.

the overall cost structure with regard to the facilities and services to which airport charges relate;

4.

the proceeds of the various charges and the total cost of the services financed,

5.

any financing by the public authorities of facilities and services to which the airport charges relate,

6.

the expected development of charges, traffic volumes and intended investments at the airport;

7.

the actual use of the airport's infrastructure and equipment over a given period; and

8.

the foreseeable result of planned major investments in terms of their impact on airport capacity.

(2) Airport users shall, prior to any consultation pursuant to Sections 7 and 9, provide the airport managing body with, in particular, the following information:

1.

estimated traffic volume,

2.

the expected composition and intended use of its fleet,

3.

the planned change of activity at the airport in question; and

4.

Requirements for the airport concerned.

(3) Insofar as the information provided by airport users or airport managing bodies pursuant to para. 1 and 2 is designated as confidential or otherwise protected by them, the information shall not be used by the recipients of the information in question. Third parties are passed on. There is no obligation to provide information which contains operational or business secrets or which otherwise is classified as being protected by other legislation.

New infrastructure

§ 13. The airport managing body shall consult the Users ' Committee before the completion of the planning of new infrastructure projects, the investment volume of which exceeds five million euros. If the number of passengers carried at the airport in the previous calendar year exceeded the number of five million, such consultation should be carried out if the investment volume of the planned infrastructure project is more than ten Millions of euros.

Quality standards

§ 14. The airport managing body shall negotiate the conclusion of a performance agreement with regard to the quality of the airport at the airport, to the users or representatives or associations of airport users of the airport concerned. to provide services. These negotiations may be part of the consultations within the framework of the Users ' Committee.

(2) Such performance agreements shall specify the level of the services to be provided by the airport managing body in such a way as to ensure that the actual airport charges or airport charges and the level of services to which airport users in return for airport charges shall be entitled to take account of the charges.

(3) In the event of a lack of compliance with the agreed standards, the sanctions contained in the performance agreement shall apply.

Differentiation of services

§ 15. (1) The airport managing body may vary the quality and scope of certain airport services, terminal buildings or parts of terminal buildings in order to provide services tailored to the needs of the airport, or to provide a specially assigned To be able to provide a terminal or a specially allocated part of a terminal building. Without prejudice to the provisions of § § 4 and 8, the level of airport charges may be differentiated according to the quality and scope of these services and their costs or any other objective and transparent justification.

(2) The airport managing body shall have access to all airport users who wish to use the services on demand or the specially allocated terminal or part of a terminal building. these services, or to this terminal building or part of a terminal building. In the event that more airport users wish to have access to the services on demand or to a specially assigned terminal building or part of a terminal, access may be granted as a result of capacity restrictions, , access shall be determined on the basis of appropriate, objective, transparent and non-discriminatory criteria. These criteria are considered to be part of the airport charges system.

Reciprocity

§ 16. The Federal Minister for Transport, Innovation and Technology finds that a third country discriminates against or will discriminate against airport users of the Union on the grounds of, or in fact, the setting of airport charges and airport charges. The Federal Minister of Transport, Innovation and Technology, the Federal Minister of Transport, Innovation and Technology, may grant the rights of the airport users of the Community from a third country not comparable to the Federal Act of the Federal Republic of Germany. Suspend all or part of third country users with a Regulation.

Treatment of operational and business secrets

§ 17. (1) The Federal Minister for Transport, Innovation and Technology has become aware of operating or trade secrets which have become known in the enforcement of the provisions of this Federal Act or of any other legislation that is deemed to be worthy of protection. in particular, in accordance with the provisions of the Data Protection Act.

(2) The Federal Minister of Transport is responsible for the qualification of a fact as an operational or business secret or as a protection-worthy information, which also makes it possible to weigh the interests of the person entitled to the secrecy on the one hand and the other on the other hand. the interests of third parties in their disclosure on the other hand.

(3) In case the Federal Minister for Transport, Innovation and Technology has reasonable doubts as to the protection of the secrecy of a fact or information, the Federal Minister of Transport, Innovation and Technology shall inform the person concerned of this and ask him to do so, his economic or social security. to make other interest in secrecy credible.

Criminal provisions

§ 18. If a service provided by an airport managing body calls for a higher or lower charge, or if it can be expected to be deemed to be in accordance with an airport charging system determined in accordance with the provisions of this Federal Act, a Administrative surrender and shall be punished by the district administrative authority with a fine of up to EUR 10 000, in the event of a repetition of up to EUR 20 000.

References to Directives

§ 19. With this federal law, Directive 2009 /12/EC is implemented.

References

§ 20. To the extent that this federal law refers to provisions in other federal laws, these are to be applied in their respectively valid version.

Linguistic equality

§ 21. In so far as the names used in this Federal Act refer to natural persons, the chosen form shall apply to both sexes. The use of these designations for certain natural persons shall be based on the gender-specific form.

Entry into force and transitional provisions

§ 22. (1) This federal law shall enter into force on 1 July 2012.

(2) The relevant provisions of the civil airfield use conditions applicable on 30 June 2012 in accordance with § 74 LFG including the infrastructure tariffs existing on 30 June 2012 according to § 10 paragraph 2 FBG and security charges according to § 11 LSG shall apply from the date of entry into force of this Federal Law until the first-time determination of an airport charging system pursuant to paragraph 3 as an airport charging system within the meaning of § 3 Z 5.

(3) Until 1 November 2012, the airport managing body shall submit to the Federal Minister for Transport, Innovation and Technology a system of airport charges corresponding to the provisions of this Federal Act for approval, in the event of an adverse event the The Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) is responsible for setting the relevant airport charges regulation under the terms of § 10.

Enforcement

§ 23. The Federal Minister for Transport, Innovation and Technology is responsible for the enforcement of this federal law.

Fischer

Faymann