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Act (2000:150) On Groundhandling Services At Airports

Original Language Title: Lag (2000:150) om marktjänster på flygplatser

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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.