Ordinance on Airport Charges

By Steph2
12345678910111213141516171819202122
In The Matter OfOrdinance on Airport Charges
Exhibit A
Scroll to open

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 1 Object and scope of application

1 This Ordinance governs the setting and levying of charges for the use of those airport facilities which serve the purpose of flight operations as well as for access to these facilities (airport charges). 2 Airport charges are a. flight operations charges; b. fees for access to airport installations and systems (access fees); c. fees for the use of the central infrastructure (usage fees). 3 The following are included in flight operations charges: a. charges in the air traffic segment, and in particular: 1. landing charges, 2. passenger charges, 3. aircraft parking charges, 4. freight charges, 5. charges with an incentive effect in relation to environmental protection; b. charges for facilities and services for disabled passengers or those with reduced mobility (PRM segment) in accordance with Regulation (EC) no. 1107/2006; c. charges for measures relating to air safety (air safety segment). 4 This Ordinance applies to airports in accordance with Article 36a paragraph 1 CAA.

Art. 2 Definitions

In this Ordinance: a. airport operator means the owner of the operating concession according to Article 36a CAA; b. airport user means any natural person or legal entity responsible for the transport of passengers, postal mail or freight by air to or from the affected airport; c. sector relevant to flight operations means that sector of the airport comprising the segments air traffic, air safety and PRM; also included in this sector are facilities and services for which the airport operator levies access or usage fees; d. central infrastructure means facilities and services which cannot be provided separately or in multiple versions owing to their complexity or for cost or environmental reasons; e. airside means that part of the airport which is accessible to the public only with special authorisation; f. landside means that part of the airport which is accessible to the public without special authorisation; g. economic added value means profit earned after deducting reasonable capital

let. h — Inserted by No I of the O of 13 Nov. 2024, in force since 1 Jan. 2025 (AS 2024 709).

Art. 3 Levying of airport charges

1 The airport operator levies the airport charges. 2 The operator may commission third parties to collect these charges.

Art. 4 Publication of airport charges

The airport operator publishes the airport charges in the Swiss Aeronautical Information Publication (AIP).

Art. 4 — Amended by No I of the O of 13 Nov. 2024, in force since 1 Jan. 2025 (AS 2024 709). A paid subscription to the AIP may be obtained from: Skyguide, P.O. Box 23, 8602 Wangen bei Dübendorf, Switzerland; www.skyguide.ch. It may be viewed free of charge at the Federal Office of Civil Aviation (FOCA), Mühlestrasse 2, 3063 Ittigen, Switzerland.

Art. 5 Debtor for charges

1 The concession holder is the debtor for the flight operations charges for flights carried out in terms of a route-specific concession. 2 If it is not possible to take legal action against the concession holder or if the flight is not carried out in terms of a route-specific concession, the operator of the arriving or departing aircraft is liable in lieu of the concession holder. If it is not possible to take legal action against the operator either, the owner of the arriving or departing aircraft is liable in lieu of the operator. 2bis In the case of freight charges, the freight forwarder is jointly liable.. 3 The debtor for the access fees is the legal entity or natural person who uses the airside access. Persons who require only sporadic access may be exempted by the airport operator from the payment of access fees. 4 The debtor for the usage fees is the legal entity or natural person who uses the central infrastructure facilities.

Para. 1 — Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067). Para. 2 — Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067). Para. 2bis — Inserted by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).

Art. 6 Oversight

The Federal Office of Civil Aviation (FOCA) applies the Price Supervision Act of 20 December 1985 mutatis mutandis within the scope of its oversight of the airport charges.

SR 942.20

Art. 7 Decisions of the FOCA

1 The FOCA shall decide on the approval of airport charge regulations by issuing rulings. 2 These rulings are published in the Federal Gazette. 3 They come into force at the earliest 90 days after they become legally enforceable.

Para. 3 — Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).

Art. 8 Deadline for FOCA decisions

If the FOCA fails to meet a decision deadline prescribed in this Ordinance, the parties concerned may demand that it provide a written explanation for failing to meet the deadline and state the time by which a decision may be expected.

Art. 9 Obligation to provide information

If so requested, the airport operator must allow the FOCA to examine the operational accounting records of the airport.