Law (2011:866) On Airport Charges

Original Language Title: Lag (2011:866) om flygplatsavgifter

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:866

Introductory provisions



section 1 of this Act implements the directive of the European Parliament and



2009/12/EC of 11 March 2009 on airport charges.



section 2 of the Act applies to the airport with the highest number of

passenger movements, and for the airports where the annual

traffic amounts to over five million passenger movements.



paragraph 3 of the Transport Board shall annually based on data from

The European Commission (Eurostat) shall publish the

airports under covered by the law.



Exemption of certain fees



section 4 of the Act does not apply



1. fees charged as consideration for air navigation services

en-route,



2. fees as consideration for such land services

as set out in the annex to the Act (2000:150) on groundhandling services at

airports, or



3. charges levied to finance assistance to

passengers with disabilities and passengers with reduced

movement under European Parliament and Council Regulation (EC)

No 1107/2006 of 5 July 2006 concerning the rights of

disabled persons and persons with

reduced mobility.



Definitions



5 for the purposes of this Act, section



Airport: any area of land especially adapted for the

the landing, taking-off and manoeuvres of aircraft, including the

nearby facilities that may involve for the requirements of aircraft traffic and

for services, as well as the facilities needed

to assist commercial air services;



the managing body of the airport: the entity that along with the

other activities or independently administers and

manages the airport or airport network infrastructures,

and coordinates and controls the activities of the

operators at the airport or within the airport network,



airport user ' means any natural or legal person with

carriage of passengers, mail or cargo, or

from the airport concerned;



Airport charge ' means a levy collected for the benefit of

the airport managing body and paid by the

airport users for the use of such facilities and

services which are exclusively provided by the airport

managing body and covering the landing, taking-off, lighting and

the parking of aircraft, and processing of passengers and

freight,



airport network "means a group of airports designated as

airport network of the Transport Agency and operated by the same

management unit.



Non-discrimination



section 6 of the managing body of an airport shall develop the airport charges

so to all airport users are treated on an equal

way. Differentiation of charges, however, may occur if

It is with regard to issues of General and General

interest. The criteria used for such

differentiation shall be relevant, objective and

are reported in a transparent manner.



Airport network



section 7 About an airport, covered by this law, are included in a

airport networks, it is appropriate to provide for a common charging system for

These airports. Such a common charging system to

are reported in a transparent manner.



Consultation



/Rubriken expires U: 2015-12-01/

Ongoing consultations



section 8/expires U: 2015-12-01/

The airport managing body shall consult with

airport users of the airport charges and the quality of

the services provided by the airport. Consultations shall take

rooms at least once a year unless otherwise agreed by

the latest consultation, follows an agreement between the

the airport managing body and the airport users. At

the consultations, airport users are represented by representatives

or associations of airport users.



section 8/entry into force: 2015-12-01/

The airport managing body shall consult the airport users of the airport charges and the quality of the services provided by the airport. Consultation shall take place at least once a year unless otherwise agreed at the last consultation or following an agreement between the airport managing body and the airport users. At the consultation, airport users are represented by the representatives or associations of airport users.



The managing body of the airport shall, after the consultation referred to in the first subparagraph have been completed to decide on airport charges will apply. Law (2015:597).



§ 9 the managing body of the airport shall, for each consultation under paragraph 8 of the inform airport users about any surface has

used to determine the system of airport charges

or level of charges.



The information shall include at least



1. a list of the various services and infrastructures

provided in return for airport charges

out,



2. a description of the method used to determine the

airport charges,



3. a statement of the overall cost structure of

the facilities and services which airport charges relate to,



4. a statement of the revenue of the different charges and the

the total cost of the services they cover,



5. a statement of public funding of the facilities

and services which airport charges relate to, if such

occurs,



6. forecasts of the situation at the airport as regards

fees, air traffic development and planned

investments,



7. a statement of the actual use of airport

infrastructure and equipment for some time, and



8. a forecast on the expected results of all major

planned investments in terms of their effect on the

airport capacity.



section 10 of the airport users before each consultation under section 8

inform the managing body of the airport if their



1. traffic forecasts,



2. predictions about the composition and the planned

the use of its fleet,



3. development projects relating to the airport concerned, and



4. requirements relating to the airport concerned.



section 11 of the managing body of the airport shall consult with

airport users before plans for new infrastructure projects

definitively established.



/Rubriken expires U: 2015-12-01/

Consultation on changes to the airport charges



12 §/expires U: 2015-12-01/

When the managing body of the airport is considering a change in

airport charges system or the level of fees, the

it to airport users submit the proposal for such

changes and the reasons for the proposed changes last

four months before the changes are proposed to come into force.

Proposals may be submitted later if there are serious reasons.

These reasons must be given for the airport users in the

When the amendment proposals are sent to them.



Before the airport managing body decides on the

airport charges should the views of airport users

brought into account.



12 §/entry into force: 2015-12-01/

When the managing body of the airport is considering a change in the system of airport charges or the level of fees, to the airport users hand over proposals for such changes and the reasons for the proposed changes later than four months before the changes are proposed to come into force.

Proposals may be submitted later if there are serious reasons. These reasons must be given for the airport users, in connection with the amendments is sent to them.



The airport managing body shall take account of the views put forward by airport users. A decision must be justified in relation to the points that have been put forward and that there is no consensus. Law (2015:597).



section 13/expires U: 2015-12-01/

When the managing body of the airport takes such a decision

on airport charges referred to in section 12, the

airport users who participated in the consultations immediately

be informed of the decision.



A decision on the modification of airport charges shall be made public.

The airport managing body determine how this will be done.



section 13/entry into force: 2015-12-01/

When the airport managing body takes a decision on airport charges, the airport users who participated in the consultation shall be immediately informed of the decision.



The airport managing body shall publish its decision at least two months before it takes effect. If the time frame cannot be held, the decision shall contain a specific statement of reasons for this. The airport managing body determines how the publication shall take place. Law (2015:597).



Professional secrecy



section 14 of The airport users that may have access to information

referred to in section 9 or the like within the airport managing body may

take note of the information referred to in section 10 shall not improperly disclose

or take advantage of what he or she is during the mission, or in their

Service learned about domestic economic conditions.



In the public activities should apply and

secrecy (2009:400) instead of the first paragraph.



Service level



section 15 Of the airport managing body and the representatives or

associations of airport users intend to conclude a

service level agreements on the quality of the services

is provided at the airport, the negotiations on this

be part of the consultation referred to in section 8.



In the service level agreement shall determine the level of service

to be provided by the managing body of the airport. In doing so,

shall be taken into account in the system of airport charges that are applied

or level of charges and the level of service

airport users are entitled to in return for the

fees paid.



Differentiated service



section 16 of the airport managing body may provide

tailored services by varying the quality and

the scope of the individual airport services, terminals or

parts of the terminals, or dedicate a terminal or part of


a terminal for particular purposes.



The level of airport charges may be differentiated according to

the quality and extent of airport services

be varied in accordance with the first subparagraph or other objective and transparent

reported reasons. When the airport managing body determine

such differentiated airport charges should take into account what

provided for in section 6, on non-discrimination.



section 17 of an airport user wishing to use the services in accordance with

section 16 shall have the right to get this. If multiple airport users

want to take advantage of tailored services, access

be determined according to relevant, objective, transparent and

non-discriminatory criteria laid down by the airport

management unit.



/Rubriken expires U: 2015-12-01/

Dispute resolution



/Rubriken entry into force: 2015-12-01/

Referring to decision



section 18/expires U: 2015-12-01/

Any party affected by a decision on airport charges

referred to in section 12, refer dispute regarding such decisions to

The Swedish Transport Agency.



section 18/entry into force: 2015-12-01/

Any party affected by a decision on airport charges may refer the decision to the Swedish Transport Agency for review. Law (2015:597).



§ 19/expires U: 2015-12-01/

Anyone who wants to refer a dispute under section 18 shall make it

to the Transport Agency within three weeks from the date of

the managing body of the airport has published

amending decision. In its request for review, the party set

the decision the question at issue and the

circumstances invoked.



the entry into force of section 19 of/in: 2015-12-01/

The who under section 18 would refer a decision to do it within three weeks from the date on which the managing body of the airport has published its decision. In its request for review, the party enter the decision to be referred and the circumstances invoked. The documents which the party relies on must be attached. Law (2015:597).



20 §/expires U: 2015-12-01/

When a dispute over a decision on airport charges have

been referred under section 18, the decision may not be applicable

until the Transport Agency has examined the matter.



When the Transport Agency has rated a, have been referred a dispute relating to an

decision to treat to the Transport Agency within four weeks

take an interim decision on whether the change should

enter into force or not, if not a final decision may

taken in the same time.



20 section/entry into force: 2015-12-01/

Whenever a decision on airport charges have been referred under section 18, the decision may not be implemented until the Transport Agency has examined the matter.



When a decision has been referred to the Swedish Transport Agency within four weeks to decide whether the decision provisionally to take effect, if not a final decision can be made within the same period. Law (2015:597).



section 21 of the Transport Agency shall take a final decision on the matter so

soon as possible and at the latest within four months of the

the case began. Transportation Board may extend this period

with two months, if there are serious reasons. In a decision

extension, the reasons for this extension listed.



section 22 at the trial shall, subject to

According to section 19 of the fact relied on, in particular, be taken into account

the following:



1. If the provisions on consultation in the 8 to 12 sections have been observed on a

acceptable way,



2. how an agreed price increase relates to development

in the consumer price index, and



3. the managing body of the airport has published a

decision on modification of the airport charges in accordance with paragraph 13 of the second

paragraph.



/Rubriken entry into force: 2015-12-01/

Supervision



22 a of/comes into force: 2015-12-01/

Transportation Board supervises that the provisions of this Act and the regulations issued under the law is followed. Transportation Board may announce the orders necessary for the supervision and to the managing body of the airport shall carry out its duties under this Act. A decision on the injunction may be subject to a penalty.



The Government or the authority that the Government may provide for fees for supervision according to this law and in accordance with regulations issued under the law.

Law (2015:597).



Appeal, etc.



section 23 of the Transportation Board's final decision under this Act may

be appealed to the administrative court.



Leave to appeal is required in case of appeal to the administrative law.



section 24 a decision under this Act which has been issued by the

The Swedish Transport Agency or by a court is effective immediately, if the

not otherwise specified.



Demands of cooperation



section 25 of the managing body of the airport and the Transportation Board shall

cooperate with the European Commission when it should

prepare a report on the application of Directive

2009/12/EC in accordance with article 12(1) of the directive, and in

the rest may be required for the purposes of this Act.