Permission to carry on business at public use airport
Legal basis
Art. 173.1.1 of the Act of 3rd July 2002 – Aviation Act (OJ 2016.605 as amended) hereinafter referred to as the Act.
The Regulation of the Minister of Transport, Construction and Maritime Economy of 20th February 2013 on the documents and information required to apply for a permission for management of public use airport (Journal of Laws of 2013, 275).
General conditions
Permission for management of public use airport can be obtained by:
I. Public administration body of the Republic of Poland.
II. State or self-government organizational unit.
III. A company based in Poland or in any other European Union country, the Swiss Confederation or the Member State of the European Free Trade Association (EFTA) - parties to the Agreement on the European Economic Area.
Exemption:
According to Art. 54.2a of the Act management of public use airports of certain type (public use airports not certified in accordance with EU Regulation 216/2008) does not require permission.
Permission is granted if an entrepreneur meets the following conditions:
1. Headquarters is located in the Republic of Poland or any other European Union country, the Swiss Confederation or a Member State of the European Free Trade Association (EFTA) - parties to the Agreement on the European Economic Area;
2. Airport management is a primary activity of the applicant in accordance with the identification number from the National Official Register of the Nationalized Industries Units, according to Polish Classification of Activities;
3. The applicant is not at the same time engaged in the field of air transport;
4. The applicant’s financial situation ensures that they are able to meet their financial obligations related to their activity in accordance with the business plan covering at least 2 years of activity;
5. In the case of an application for the permission for management of the airport shared with the military or used by state units which is available to civil aviation, the applicant must obtain an agreement of these units on taking over the management of the airport and present a relevant agreement setting out the terms and conditions of the airport availability;
6. A company with foreign nationals or entities dependent on foreign nationals the permission can be obtained if:
a) Entrepreneurs independent on foreign nationals must hold:
- No less than 51% of shares in the total capital of the founding of the company,
- A decisive impact on the number of votes, the authority, the decisions and control of the company’s governing bodies, the disposal of assets of the company and company management.
b) There is no situation in which more than half of the Board members are at the same time members of the board or persons holding managerial positions in the entity with participation of foreign nationals or other entity dependent on the company – unless otherwise provided by international agreements ratified by the Republic of Poland and European Union members.
For the purpose of this document ‘foreign national’ shall mean persons with residence outside of the Republic of Poland and other European Union countries, the Swiss Confederation and the Member States of the European Agreement, Free Trade Association (EFTA) - parties to the Agreement on the European Economic Area.
Application and necessary documents
The application should include:
• name of the entrepreneur, their residence and address,
• the number of entry in the appropriate register of entrepreneurs, provided that the operator is subject to the entry in that register,
• the type of activity,
• place of business (airport)
Necessary documents
The application should include:
1) documents determining legal status (the founding act of a legal person, an extract from the relevant register)
2) a statement of the assignment of REGON identification number (Polish register of national economy entities)
3) a statement of the assignment of Tax identification number (NIP)
4) airport certificate obtained under art. 160 of the Act
5) a statement of the entrepreneur that a petition in bankruptcy has not been filed and that the entrepreneur is not in liquidation
6) the business plan of the company as referred to in art. 175.2.1 of the Act, including in particular:
a) the expected balance sheet and profit and loss statement detailing the costs by type
b) the expected expenses related to airport management, especially investment expenses
c) the expected revenue and its source
d) the expected amount of airport charges
e) the assumptions that are the basis for the financial forecast
f) information that the entrepreneur is not in arrears with payment of contributions to Social Security and Health, payment of taxes and public charges or the statement that a settlement of overdue payments has been reached
7) the approved prior year financial statements with the auditor’s opinion if the obligation to submit financial statement to audit results from Polish accounting regulations – in the case of entrepreneur conducting economic activities in a prior year
8) a statement of the persons in management of the entrepreneur that the license or a permission to carry on business has not been revoked in the last 5 years before the year of the application
9) a statement of the persons in management of the entrepreneur that a they have not been convicted of an intentional criminal tax offence, against road traffic safety, public safety, property, business transactions, currency trading, gainful employment and the credibility of documents
10) a statement of an entrepreneur that the permission for this kind of activity has not been revoked in the last five years before the year of the application
11) insurance policy or any other document confirming civil liability insurance as referred to in art. 175.2.1 of the Act
12) a program of airport security against acts of unlawful interference approved by the President of the Civil Aviation Authority
13) a draft of air traffic management system, rescue system, airport fire protection and airport meteorological services for civil aviation
14) a statement of an entrepreneur that they are not engaged in air transport business
15) a statement of an entrepreneur that airport management is the primary type of their activities in accordance with REGON identification number (Polish register of national economy entities), according to Polish Classification of Activity)
In the case of an application for permission for management of the airport shared with the military or used by state units which is available to civil aviation, an entrepreneur shall enclose the agreement and the document confirming the acceptance of these entities of airport management being taken over, as referred to in art. 174.3.5 of the Act.
If the applicant of permission for the permission for management of public use airport is a capital company, as referred to in art. 174.2.3 of the Act, the application shall be accompanied by:
1) a list of shareholders/stockholders with the following data:
a) in the case of natural persons – their nationality, in the case of legal persons or organizational units without legal personality – their place of establishment
b) the amount of their shares or stocks and the type of their preference
2) a list of board members, supervisory board or the Audit Committee, if these bodies have been established, giving the name, nationality and a permanent residence of the members of these bodies.
If the applicant of permission for management of public use airport is a capital company, as referred to in art. 174.2.3 of the Act, with participation of foreign nationals or entities dependent on foreign nationals, the application shall be accompanied by:
1) a statement or a document confirming that entrepreneurs independent on foreign nationals hold no less than 51% of shares in the total capital of the founding of the company and a decisive impact on the number of votes, the authority, the decisions and control of the company’s governing bodies, the disposal of assets of the company and company management.
2) a statement of board members as to if they are at the same time members of the board or persons holding managerial positions in the entity with participation of foreign nationals or other entity dependent on the company applying for a permission.
The copy of the following documents:
1) determining legal status (the founding act of a legal person, an extract from the relevant register)
2) in the case of an application for permission for management of the airport shared with the military or used by state units which is available to civil aviation, the agreement and the document confirming the acceptance of these entities of airport management being taken over, as referred to in art. 174.3.5 of the Act
- require notarization or the official endorsement.
The documents should contain data actual on the day of submission of the application for permission for management of public use airport and should be issued not earlier than three months before submission. Documents in foreign language should be submitted with the translation into Polish.
Aviation fees:
According to art. 26e.1 of Aviation Act, payment for official activities, as referred to in art. 26e.1 item 1, 4 and 5 (including permissions issued by the President of the Civil Aviation Authority), shall be made upon submission of an application for a specific official act. Therefore, it is required to pay aviation fee in the amount specified in Annex 6 to Aviation Act along with the application for the permission.
According to Annex 6 to Aviation Act, the aviation fee for permission for management of public use airport is 6 883 zł.
Please indicate Table 1, Part 1 in the transfer title and a brief description indicating that the fee is paid for permission for airport management.
Contact:
Air Transport Department, Aviation Commercial Activity Division (LER-1)
+48 22 520 72 51/50
fax: +48 22 520 72 50