Introductory provision
section 1 of this Act contains provisions on access to
market for groundhandling services at airports that are open to
commercial air traffic.
Definitions
2 for the purposes of this Act, section
Airport: any area of land especially adapted for the
the landing, taking-off and manoeuvres of aircraft, as well as the nearby
buildings and facilities as may be required for aircraft
ground movements and services buildings
needed to assist commercial air services;
' airport system ' means two or more airports grouped together
as serving the same city or conurbation, as
appears in annex II of Council Regulation (EEC) No 2408/92 of
on 23 July 1992 on access for community justice
routes within the gemenskapen3, as amended by the Act of accession of
Austria, Finland and Sweden,
management unit: the who, together with or independently from
other activities by virtue of laws, regulations and administrative provisions
is mandated to administer the airport infrastructures and
coordination and control of the activities of the different operators
present in the airport or airport system
conducts,
airport user ' means any natural or legal person
as with the carriage of passengers, mail or cargo, from
or to the airport concerned;
ground service: a service that is performed at an airport for a
airport user and is included in the annex to
This law,
' self-handling ' means a situation in which an airport user
acquire one or more categories of groundhandling services and concludes
No contract of any description with a third party if this. Users
However, it is considered not as a third party, in relation to each other, if
one holds the majority in the other, or the same device
holding the majority in each of them,
supplier of groundhandling services ' means any natural or legal person
providing third party one or more types of
ground handling services.
section 3, when management and the operation of an airport or by a
airport systems operated by several different entities, each
of these are considered to be part of the managing body of the airport when it comes
the application of the provisions of this law.
If only one management unit has been set up for several airports
or airport systems, each of these airports
or airport systems shall be considered separately when it comes
the application of this law.
4 repealed by law (2004:1095).
User committees
5 § managing body shall ensure the establishment of a
the user Committee at the airport.
The Committee shall consist of representatives of the users of
the airport. Any airport user shall have the right to
included in this Committee or be represented by a
organization that he or she confides this mission.
Limitations in the scope of certain provisions
section 6 of the provisions of this law on groundhandling services to third parties
shall be applied at airports with an annual traffic greater
than or equal to two million passenger movements or 50 000
tonnes of cargo.
The provisions of this law on private management of such services
listed in section 12 apply to airports with an annual traffic
that is equal to or greater than one million passenger movements
or 25 000 tonnes of freight. The provisions of this law concerning
own handling of other services shall apply to all
airports which are open to commercial air traffic.
If the annual traffic at an airport, is equal to the threshold for
goods referred to in the first or second paragraph, without at the same time
reach the corresponding threshold for passengers, the
the provisions set out in this clause shall not apply to the
types of groundhandling services reserved exclusively for passengers.
Some general rules
Article 7 access to the groundhandling market must be
freely. Despite this, access limited under 8, 9, 12 and
13 sections, but only to the extent that security,
capacity or space at the airport.
For the purposes of this Act, with the exception of cases
which shall be awarded on the basis of section 23, decisions are taken and conditions
be based on reasons which are relevant, objective,
transparent and non-discriminatory.
Limitation of the market for groundhandling services to third parties
section 8 Of the application of a management unit, the Swedish Transport Agency
limit the number of suppliers of groundhandling services are allowed
provide
-baggage handling,
-ramp handling,
-replenishment of fuel and oil,
-freight and mail handling as arrival and departure as in
transit, as regards the physical handling of freight and
mail between the Terminal and the aircraft.
The number of suppliers, however, should not be limited to fewer than two
for each type of service. At least one of these vendors may
not be under direct or indirect control, whether by
the airport managing body, by a user who has
transported more than 25 per cent of passengers or of the
registered goods at the airport during the year preceding the
year in which the selection of service providers is done, or by someone who
check or directly or indirectly controlled by this
managing body or by such user. Law (2008:1374).
§ 9 on specific space or capacity constraints pose
It is impossible to open up the market in accordance with
otherwise provided for in this law, the Transportation Board on
the application of a management unit
-for a maximum period of three years, limit the number of suppliers
are allowed to provide services other than those referred to in paragraph 8 of the first
the paragraph in all or part of the airport, with section 8, other
subparagraph shall apply, or
-for a maximum period of two years to reserve one or more types of
services referred to in paragraph 8 for a single supplier
of groundhandling services.
In the decision referred to in the first subparagraph shall specify the services
referred to in the decision, the specific constraints of available space or
capacity constraints that constitute the reasons for the decision and the
measures to be taken in order to remedy
the restrictions. Law (2008:1374).
Selection of suppliers of groundhandling services to third parties
section 10 of the number of service providers is restricted according to 8 or
§ 9, suppliers shall be selected following a call for tenders.
Decision on the selection of suppliers of groundhandling services shall be taken by
management unit, after consultation with the airport users ' Committee of
management unit does not provide similar groundhandling services;
not directly or indirectly controls any company
providing such services, and not in any other way,
related to such companies. In other cases, decides
Transport Board after consultation with the airport users ' Committee and
steering device for selection of suppliers.
The program may take a decision on the selection of suppliers of
groundhandling services shall draw up a notice of invitation to tender and to ensure that
This will be published in the official publications of the European
newspaper.
Decisions on selection may be taken for a maximum period of seven years.
The managing body of an airport shall inform the airport users ' Committee of decisions
taken pursuant to this paragraph. Law (2008:1374).
section 11, if the number of suppliers of groundhandling services is limited in accordance with 8
or section 9, management device itself provide groundhandling services
without being subject to the selection procedure laid down in
section 10. The managing body may also, without selection process provide a
companies authorized to provide groundhandling services at
the airport if the device directly or indirectly controls
the company or if the company directly or indirectly controls
the device.
The managing body of an airport shall inform the airport users ' Committee of decisions
taken pursuant to this paragraph.
Limitation of the market for private management
section 12 of the Transport Board may, on the application of a management unit
restrict the right of self-handling for at least two users in
question about
-baggage handling,
-ramp handling,
-filling of the fuel or oil, as well as
-freight and mail handling as arrival and departure as in
transit, as regards the physical handling of freight and
mail between the Terminal and the aircraft.
Law (2008:1374).
section 13 For specific space or capacity constraints
means that it is impossible to open up the market in accordance with
the provisions of this Act, the Board may, on application, Transport
of a control unit for a period of up to three years to limit the number of
users may exercise their own handling of other types of
services than that set out in section 12, or for a maximum period of three years
ban self-handling or to restrict it to a single
users for categories of groundhandling services referred to in section 12.
The decision shall specify the services covered by
the decision, the specific constraints of available space or capacity constraints
which constitute the reasons for the decision and the measures to be taken
to overcome these limitations. Law (2008:1374).
Selection of users who may exercise their own management
section 14 If the number of users who are allowed to implement self-handling to a
Airport is limited in accordance with paragraph 12 or 13, making
Transportation Board decision on the selection of users.
Law (2008:1374).
Contract conditions and technical specifications
section 15 When Management Unit intends to impose contract terms
or technical specifications which must be met by
suppliers of groundhandling services or by those who wish to exercise
self-handling, those conditions or specifications
determined after consultation of the airport users Committee of the airport.
Conditions or specifications shall be established in specific
decision.
Other permits
paragraph 16 of the decision that someone must perform ground handling services to third
man or that self-handling does not free him from
the obligation to hold such authorization provided for by
support of other legislation.
Withdrawal of the right to perform ground handling services
section 17 When a supplier of groundhandling services or an entity that
perform custom handling no longer exercises the right to conduct
operations, this right is withdrawn by the Transport Agency.
The right to carry out groundhandling services may also be withdrawn from the
lacking the necessary permits, or from the who on a non
call the method override rules in this Act or other
provisions, aimed at an airport should operate
satisfactory.
Management unit at the airport, with the Swedish Transport Agency
requesting a withdrawal under the first subparagraph. Law (2008:1374).
Specific provisions on the posting, etc.
section 18 When a managing body of an airport, a user or
a supplier of groundhandling services provide groundhandling services
be a strict separation of accounts between the
activities related to the provision of these
services and other activities.
An airport may not subsidize its ground handling activities
with revenue derived from its mandate as
Airport Authority.
section 19 of an authority or a company in which section 18 is
applicable shall annually prepare a report on how to
made the required separation in the accounts. Authority
or the company shall submit to the Board a certificate of Transport
from the audit authority or company. Of the certificate
shall indicate whether the provisions of section 18 have been followed.
Law (2008:1374).
If plants for ground services and access to these
section 20 of suppliers of groundhandling services and users who practice
self-handling shall be granted access to facilities in such
extent and in such manner as is necessary for the
to provide services to third parties or to exercise
own management.
If needed to better and more effectively exploit
available spaces and the like, or in order to prepare
place for additional suppliers of groundhandling services and
self-handling users receive management unit after
consulting the users ' Committee to decide on any adjustments or
redistribution of spaces and similar between all who perform
or are about to start to perform ground handling services at
the airport.
The holding facilities used by providers of
groundhandling services or self-handling users may levy
a compensation for the use.
section 21 of the managing body may decide that providers of
groundhandling services and self-handling users shall
use of centralized facilities for baggage sorting,
de-icing, water purification, fuel distribution and the like, if
the facilities of the technical, environmental or
cost-benefit-related reasons are hard to split up or expand.
Consultation
section 22 of the managing body of an airport shall at least once a year to consult with
the user Committee and the undertakings providing
groundhandling services at the airport, on the application of this law and
regulations issued under the law.
Non-reciprocity with third countries
section 23 of the Government may decide that the provisions of this law concerning
the right to market access, in whole or in part shall not be
applied to suppliers of groundhandling services and users from
a country that is not a member of the European Union on this country
-in law or in fact does not deal with suppliers or
user who engages in self-handling, in a way that is
comparable with Member States ' treatment of suppliers
or user who engages in self-handling, or
-legal or not actually deals with suppliers of
groundhandling services or users engaged in self-handling, from a
Member State in accordance with its provisions, or
-dealing with suppliers or users engaged in
self-handling and coming from a country that is not a member of the
The European Union more favorably than suppliers of
groundhandling services or self-handling users engaged in and that
coming from a Member State.
For the purposes of this law, ' the expressions
"The European Union" and "Member State" in addition to the European
the Union and its Member States also other States covered by the
the provisions of Council Directive 96/67/EC of 15 October
1996 on access to the groundhandling market at
Community airports through agreements that are binding for
Sweden.
Commission of the European Communities shall be informed of any
decision referred to in the first subparagraph.
Appeal
section 24 of the decision of the Board of directors or management of Transport according to the
8-15 and 17 sections, section 20, first and second subparagraphs and paragraph 21 and
decision on the fees under paragraph 4 may be appealed to the General
Administrative Court. Leave to appeal is required on appeal
to Chamber properly. Law (2008:1374).
Transitional provisions
2004:1095
This law shall enter into force on 1 January 2005. For the purposes of
7 a of the administrative judicial procedure Act (1971:291) shall
The civil aviation authority be individual counterparty.
2008:1374
This law shall enter into force on 1 January 2009. For the purposes of
7 a of the administrative judicial procedure Act (1971:291) shall
Transport Board be individual counterparty.
Annex
LIST of GROUNDHANDLING SERVICES REFERRED to in paragraph 2 of the
1. Administrative services and monitoring includes
1.1 the services in connection with the representation and cooperation
with the local authorities or with any other person,
disbursements made on behalf of the user and the provision of
premises to his representative;
1.2 load control, communications and telecommunications,
1.3 the processing, storage, management and administration of
loading units,
1.4 any other monitoring service before, during or after
flight, and any other administrative service requested by
the user.
2. passenger handling comprises any kind of service to
passengers at departure, arrival, transit
or, including checking of
tickets, travel documents, the check-in of luggage and transport
of luggage up to the sorting systems.
3. Baggage handling comprises handling baggage in
sorting area, sorting it, preparing it
before his departure, loading and unloading of baggage in the system
intended to bring baggage from the aircraft to the
sorting area and vice versa.
4. Freight and mail handling comprises
4.1 for cargo, both for export and import, or
transit, the physical handling of cargo, the
handling of related documents, customs procedures and implementation
of any security procedure agreed between the parties or
as circumstances require,
4.2. for the record, both on arrival and departure, the physical
management of mail, handling of related documents and
of any security procedure agreed between the parties or
as circumstances require.
5. Ramp handling comprises
5.1. marshalling the aircraft on the ground at arrival and departure, if these
services not performed by air traffic control authorities,
5.2 services related to parking of aircraft and
the provision of appropriate assistive devices, if these services
not performed by air traffic control authorities,
5.3 setting up communications between the ground and the
the cockpit, if these services are performed by
air traffic control authorities,
5.4. the loading and unloading of the aircraft and the provision
of the necessary means and the transport of crew and
passengers between the aircraft and the Terminal,
5.5 services in conjunction with the start of the aircraft and the
the provision of the necessary means,
5.6 movement of the aircraft, both at departure and arrival,
provision and deposit of the necessary means,
5.7 transport and loading in the loading and unloading of the aircraft
of food and drink.
6. Aircraft Services comprise
6.1. external and internal cleaning of the aircraft, the maintenance of
toilets and water systems,
6.2 air conditioning and heating of the cabin, removal
of snow and ice from aircraft, de-icing of aircraft,
6.3. the Interior of the cabin with suitable cabin equipment, storage of
These equipments.
7. Fuel and oil handling comprises
7.1 the Organization and execution of fuelling and defuelling operations of
fuel, including fuel storage, control of the delivered
quality and quantity,
7.2 filling the oil and other fluids.
8. Normal maintenance includes
8.1 the usual operations performed before flight;
8.2. the particular operations that the user requires,
8.3. the provision and administration of the material
required for maintenance and spare parts,
8.4 the provision of parking space or a hangar for
to perform maintenance.
9. Flight operations and crew administration comprise
9.1. preparation of the flight at the departure airport or at
every other place,
9.2. in-flight services, where appropriate, modification of
the route during the flight,
9.3 services after the flight;
9.4. administration of the crew.
10. Transport on the ground covers
10.1 the organisation and execution of the transport of passengers,
crew, baggage, cargo and mail between different terminals
within the same airport, but excluding all transportation
between aircraft, and other locations,
10.2 any special transport requested by the user.
11. Catering includes
11.1. liaison with service providers and with the management unit,
11.2 stocking of food, drinks and all the accessories needed for
the preparation,
11.3 cleaning the accessories,
11.4. preparation and delivery of materials and food.