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Air carrier operations
What procedural and documentary requirements must air carriers meet in order to operate in your jurisdiction?
Whether an air carrier transports passengers or goods, it will need an air operation certificate (commonly known as a European Aviation Safety Agency Air Operations (EASA-OPS) certificate) in accordance with EU Regulation 965/2012 on air operations.
The air carrier must have a continuing airworthiness management organisation (CAMO) in accordance with EU Regulation 1321/2014.
The air carrier must apply for an operating licence in accordance with EU Regulation 1008/2008.
All aircraft used by the air carrier must be approved by the EASA.
Flight crew licensing and initial safety training and issuance of cabin crew attestations are regulated by the EU Air Crew Regulation (1178/2011).
An air carrier must also have a traffic licence.
EU air carriers can operate within the European Union without permission from the Swedish Transport Agency, in accordance with EU Regulation 1008/2008.
EU air carriers operating outside the European Union and non-EU air carriers must submit an application to the Swedish Transport Agency that includes:
- the operator name, address, phone number and email address;
- the number of weekly frequencies;
- the destinations to be flown with indication of dates and times;
- the aircraft type, registration numbers and capacity; and
- the flight number, insurance, wet lease and code share information.
Ownership and control
Do any nationality or other requirements or restrictions apply to ownership or control of air carriers operating in your jurisdiction?
In accordance with the Aviation Act, an operating licence may be issued to only limited companies, provided that a majority of the capital value and share value is owned by citizens of EU countries.
What financial thresholds must air carriers meet to obtain operating authorisation?
To obtain an operation licence, an air carrier must meet the financial conditions in accordance with EU Regulation 1008/2008. For granting an operating licence for the first time, an air carrier must be able to demonstrate that it can meet at any time:
- its actual and potential obligations established under realistic assumptions, for a period of 24 months from the start of operations; and
- its fixed and operational costs incurred by operations according to its business plan and established under realistic assumptions, for a period of three months from the start of operations, without taking into account any income from its operations.
For the purposes of the assessment, the air carrier must submit a business plan for at least the first three years of operation. The business plan must also detail the air carrier’s financial links with any other commercial activities in which it is engaged either directly or through related undertakings. The air carrier must also provide all relevant information.
These do not apply to an air carrier applying for an operating licence intended to cover operations with aircraft with a maximum take-off mass (MTOM) of less than 10 tonnes or less than 20 seats. Such undertakings must demonstrate that their net capital is at least €100,000 or provide all relevant information for the purposes of the assessment described above when required by the Swedish Transport Authority. The Swedish Transport Authority may nevertheless decide that an air carrier applying for an operating licence that intends to operate scheduled air services or whose turnover exceeds €3 million a year, must be able to demonstrate the financial conditions in accordance with EU Regulation 1008/2008.
What is the required level of insurance coverage for air carrier operations?
EU Regulation 785/2004 sets out the insurance requirements for air carriers and aircraft operators (as amended).
The required levels of insurance in respect of liability for passengers, baggage and cargo are as follows:
- For liability in respect of passengers, the minimum insurance cover is 250,000 special drawing rights (SDR) per passenger.
- For liability in respect of baggage, the minimum insurance cover is SDR 1,131 per passenger in commercial operations.
- For liability in respect of cargo, the minimum insurance cover is SDR 19 per kilogram in commercial operations.
This does not apply to flights over the territories of EU member states carried out by non-EU air carriers and by aircraft operators using aircraft registered outside the European Union which do not involve a landing on, or take-off from, such territory.
The air carrier must maintain insurance in respect of liability for third parties in accordance with EU Regulation 785/2004. The minimum insurance cover per accident and per aircraft depends on the MTOM of the aircraft.
What safety requirements apply to air carrier operations, including with regard to professional and technical certifications?
Within the European Union, EU Regulation 216/2008 (including amendments) applies. The regulation is designed in accordance with the obligations under the Chicago Convention.
EU Regulation 965/2012 sets out the technical requirements and administrative procedures relating to air operations pursuant to EU Regulation 216/2008.
The EASA issues (among other things) certification specifications.
At the domestic level, the Aviation Act and the Aviation Ordinance are the main regulations.
What environmental obligations apply to air carrier operations?
The general regulations in the Environmental Code apply. The code incorporates EU directives.
Within the European Union, there is a system with allowances for aviation.
The aircraft requires a noise certificate issued by the Swedish Transport Agency in accordance with EU Regulation 1592/2002. To receive a noise certificate, products, parts and appliances must comply with the environmental protection requirements contained in Annex 16 to the Chicago Convention, excluding its appendices.
Air traffic control
How are air traffic control services regulated in your jurisdiction?
EU Framework Regulation 549/2004 as amended by EU Regulation 1070/2009 sets out the regulation requirements for air traffic control services in the European Union.
The Aviation Act and the Aviation Ordinance are the primary domestic regulations for air traffic control services. Regulations are also issued by the Swedish Transport Agency, such as TSFS 2016:34, TSFS 2016:117, LFS 2007:9 and TSFS 2012:7.
The Swedish Transportation Agency is responsible for licensing and supervising both public and private operators. Each operator is appointed a specific airspace responsibility.
Do any licensing requirements apply to specific routes?
EU Regulation 1008/2008 stipulates that EU air carriers are entitled to operate intra-EU air services. EU member states are not allowed to subject EU air carriers to permits for specific routes.
Are any public service obligations in place with respect to remote destinations?
In accordance with EU Regulation 1008/2008, the government may impose a public service obligation in respect of scheduled air services if it is considered vital for the economic and social development of the region which the airport serves.
Do any special provisions apply to charter services?
EU air carriers can operate within the European Union without permission from the Swedish Transport Agency (see EU Regulation 1008/2008.
According to the Swedish Transport Agency regulation on traffic permits and the exercise of traffic rights (TSFS 2017:70), EU air carriers operating outside the European Union and non-EU air carriers must submit an email application to the Swedish Transport Agency no later than 48 hours (excluding Saturdays, Sundays and Swedish holidays) in advance of the intended landing, if the air carrier intends to carry out up to a maximum of four charter flights to Sweden within two months.
For air carriers intending to operate more than four charter flights to Sweden within two months (eg, traffic programmes), the timeframe is 14 days in advance of the intended landing (ie, the effective date of the traffic programme).
What taxes apply to the provision of air carrier services?
The tax rate on the provision of air carrier services is 6%.
The government has presented a proposal for a new aviation tax on all departures from Swedish airports. The size of the tax depends on the length of the flight. The law is proposed to enter into force on April 1 2018, but has not yet been approved by Parliament.
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