98. Federal Act to amend the Airport Ground-handling Act

The National Council has decided:

The Federal Act on the opening of access to the groundhandling market at airports (Airport Ground Services Act), BGBl. I n ° 97/1998, as last amended by the Federal Law BGBl. I No 149/2006, is amended as follows:

1. In § 1 Z 1, after the word "has" A dash is put and the words are then " or a military airfield, which according to § 62 (3) of the Aviation Law (LFG), BGBl. No 253/1957, is used for civil aviation purposes ' .

2. In § 1 Z 2, the citation shall be "§ 62 Aviation Act" through the citation "§ 62 (3) LFG" replaced.

3. § 1 Z 6 reads:

" 6.		Service providers are each entreptiated according to § 7 (Section 1 (1) and (2) of the Company Code, BGBl. I n ° 120/2005), which provides one or more groundhandling services for third parties; "

4. In § 1 Z 8, the word order shall be "Federal Minister for Science and Transport as the Supreme Civil Aviation Authority" through the phrase "Federal Minister for Transport, Innovation and Technology" replaced.

5. In § 2 para. 2, the words "has to prove" by the words "and the service providers have to prove" as well as the word "his" by "their" replaced.

6. § 3 (1) and (2) reads as follows:

" (1) The users of an airport shall be allowed to use the groundhandling services

1.		either themselves, or
2.		be carried out by a service provider of their choice.

(2) As a service provider, only those entrepreneurs in accordance with § 7 may be admitted by the approval authority, which

1.		have the nationality of a Member State of the European Union or of a State equivalent to that of an intergovernmental agreement, and, if their domiality is not situated in the country, an authorized agent in the territory of the country have ordered, or
2.		a legal person established in accordance with the legislation of a Member State of the European Union or of a State treated as an intergovernmental agreement, and its registered office, its head office or its have a principal place of business within the European Union or a State equivalent to an inter-governmental agreement and, if they do not have a domidised office in the territory of the country to receive documents, a Authorized agents in the home country. "

7. § 3 (4) reads:

" (4) An entreprenter who carries out self-handling shall notify the managing body of the type and extent of self-handling at the latest eight weeks before the start. The same applies to the termination of self-handling. The managing body shall report to the approval authority within two weeks from the date on which these notifications have been received. The self-handlers must comply with the labour and social legislation in force in Austria. "

8. In § 4 (3), the first sentence is deleted.

9. In § 4 (3), the word "second" .

Section 5 (2) reads as follows:

"(2) The operation of the installations referred to in paragraph 1 may be transferred to a third party, if this does not endanger the operational safety of the airport."

Article 5 (3) reads as follows:

" (3) At the time of the entry into force of this Federal Act, existing central infrastructure facilities, which are not owned by the management body, are excluded from the provision of paragraph 1. The operation of these installations may be transferred to a third party if the operational safety of the airport is not at risk and the management body of the transmission has agreed to the transfer. Such consent may only be refused for reasons of danger to operational safety. The provision of section 2 (2) shall apply mutatily. "

12. In the heading to § 6, the word "Selection procedure" by the word "Selection" replaced.

13. In § 6 (3), according to the words "to be discriminatory" the words "and shall be determined by the managing body in agreement with the approval authority and shall be kept available electronically on the Internet for consultation" .

14. In § 6 (4), the last sentence is deleted.

15. In § 6, the following paragraphs 4a to 4c are inserted in accordance with paragraph 4:

" (4a) The selection of the service providers by the approval authority, taking into account the conditions and criteria set out in paragraphs 2 and 3, after consulting the Users ' Committee, shall not be subject to the conditions laid down in paragraph 4 (1) to (3). and of the line organ. In this case, the application in the tendering procedure in accordance with paragraph 1 shall apply at the same time as the application for an admission in accordance with § 7. The result of the selection is to be agreed with the decision in accordance with § 7. The parties to this procedure are all entrepreneurs who have participated in the invitation to tender in accordance with paragraph 1. These entrepreneurs shall lose their party status if they have not submitted the necessary documents in full within the time limits laid down in paragraph 4b.

(4b) In the invitation to tender referred to in paragraph 1, the managing body shall set a reasonable time limit for the submission of the documents required for the assessment of the criteria set out in paragraph 3. This period may be extended once, on the basis of a reasoned request from one or more candidates or ex officia, by the approval authority. The term extension shall apply to all applicants and shall be made public in accordance with the first sentence of paragraph 1.

(4c) Improvements in the documents submitted by the parties at the end of the time limits referred to in paragraph 4b may not be used for the decision-making process. "

16. In § 6 (5), in the first sentence, the words "the selection procedure referred to in paragraphs 1 to 4" by the words "the selection" replaced.

17. In § 6 (5), in the second sentence, the words "without this procedure" by the words "no selection" replaced.

Section 7 (1) reads as follows:

" (1) Ground handling services may only be provided with the approval of the approval authority. In the case of a ground handling service on a military airfield, which shall be used for civil aviation purposes in accordance with Section 62 (3) of the LFG, the agreement shall be established with the Federal Minister for National Defense. "

19. In § 7 (2) (4), the words shall be: "up to a maximum of 43 603 700" by the words "with a minimum amount of 25 million" replaced.

20. In § 7 (2), the point at the end of the Z 5 is given by the word "and" replaced, followed by the following Z 6:

" 6.		in the case of a selection to be carried out in accordance with § 6, the selection criteria are best fulfilled. "

21. According to Article 7 (2), the following paragraph 2a is inserted:

" (2a) In the case of a selection to be carried out in accordance with § 6, the reasons for the authorization shall state the advantages and characteristics of the selected applicant and the reasons for the non-selection of the other candidates, unless the applicant's selection is made. Disclosure of this information would be contrary to public interests or to the legitimate business interests of the candidates. "

(22) In § 7 (5), the following sentence is added:

"The hearing obligations pursuant to Section 6 (4a) shall remain unaffected."

23. In § 7 (6), after the word "airport operations" the words "and in the interest of aviation security" inserted.

24. In § 7, the paragraph 7 is deleted and the previous paragraph 8 is referred to as paragraph 7. The following new paragraph 8 is added:

" (8) If a ground handling service required for the proper operation of the operation is not provided due to a lack of authorisation in accordance with § 7, the managing body shall have the provision of this groundhandling service in replacement until the final date of the final decision. To ensure the granting of an authorisation in accordance with § 7 without interruption. "

25. In § 8 (1) Z 2, the citation shall be "§ 7 (7)" through the citation "§ 7 (6)" replaced.

Section 8 (1) Z 3 reads as follows:

" 3.		if the measures referred to in Article 14a (3) are not carried out, or "

27. In § 9 (1), after the word "airport operations" the words "or the safety of aviation" inserted.

28. In § 10 (2), the words shall be: "from the managing body" by the words "from the operators of the central infrastructure facilities (§ 5 (1) to (3))" replaced.

29. In § 10 (2), the last sentence is replaced by the following sentences:

" The operators of the central infrastructure shall submit the infrastructure tariff and its amendments to the approval authority for approval no later than two months prior to the respective effectiveness. The approval authority shall fail to approve the authorisation if the criteria laid down for the definition of the infrastructure tariff have not been complied with. Without prejudice to the provisions of Section 14a (3) of the Rules of Procedure, the approval authority shall have a procedure for establishing a proper infrastructure tariff or the presentation of the infrastructure tariff for approval by the operator. an appropriate period of time for the establishment of the legal infrastructure tariff or the presentation of the infrastructure tariff for approval. If the pledge does not comply within the prescribed period, the approval authority shall, in accordance with the provisions of the Directive, establish an infrastructure tariff with a decision on the basis of objective, objective, transparent and non-discriminatory criteria. "

30. In § 11 (4), after the word "managing body" the words "and in the case of § 10 paragraph 2, the respective operators of the central infrastructure facility" inserted.

31. In § 12, according to the words "the managing body," the words "the operators of the central infrastructure," inserted.

32. According to § 14, the following § § 14a to 14c are inserted in each case together with the heading:

" Operations and supervision

" § 14a. (1) The operators of the central infrastructure, as well as the service providers and the self-handlers, shall set up and design their operations in such a way as to ensure that the operation of the operation at the airport and the public interest of the service providers are properly carried out. Safety of aviation is not affected.

(2) The companies referred to in paragraph 1 shall be subject to the supervision of the approval authority with regard to the proper implementation and compliance with the provisions of this Federal Act and shall have all necessary information concerning their operation , and, where necessary, to grant access to all premises. The provision of § 141 LFG remains unaffected, the provisions of § 136 (3) and (6) as well as § 141a LFG are to be applied.

The approval authority shall inform the undertakings referred to in paragraph 1 of the above of those measures which, in order to safeguard the public interest of the safety of the air transport sector or to ensure the proper operation of the operation, shall be taken up by the approval authority on the Airport is required.

Criminal provisions

§ 14b. Anyone who is in charge of this federal law or tries to counter this act, if there is not a court-criminal offence, an administrative surrender and is liable to a fine of up to EUR 22 000 from the district administrative authority. punishing.

References

§ 14c. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied, unless otherwise stated, in their respectively applicable version. "

33. The following paragraphs 4 and 5 are added in § 15:

" (4) § 1, § 2 para. 2, § 3 para. 1, 2 and 4, § 4 para. 3, § 5 para. 2 and 3, the headline to § 6, § 6 para. 3, 4, 4a to 4c and 5, § 7 para. 1, 2, 2a and 5 to 8, § 8 para. 1, § 9 para. 1, § 10 para. 2, § 11 para. 4, § 12, § § 14a to 14c respectively including Title and § 17a, in the version of the Federal Law BGBl. I n ° 98/2007, enter 1. Jänner 2008 in force.

(5) Am 1. January 2008 effective infrastructure tariffs, for which no authorisation is available in accordance with § 10, shall be submitted to the approval authority for approval by 1 February 2008. "

34. In accordance with § 17, the following § 17a and title shall be added:

" Reference to Directives

§ 17a. This federal law provides for Directive 96 /67/EC on access to the groundhandling market at Community airports, OJ L 206, 22.7.1996, p. No. OJ L 272 of 23.10.1996, p. 36. "

Fischer

Molterer