Norway – Legislation

The main act dealing with both civil and military aviation in Norway is Act no. 0101 of 11 June 1993 relating to Aviation (Aviation Act). Please note that the translated version is from 2005 and that there are some outstanding amendments.

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The Aviation Act was amended by Act no. 04 of 16 January 2004 when Norway acceded to the Montreal Convention.

Norwegian

 

A detailed list of regulations related to Aviation Law can be found on the public website Lovdata. The list contains the different sections of the Aviation Act with the relevant regulations listed under each section. Summaries of selected regulations can be found below.

 

Forskrift 20. januar 2012 nr. 84 om klagenemnd for fly- og jernbanepassasjerer (transportklagenemndaforskriften) – The Air Passenger Complaint Handling Body Regulation

This regulation deals with the powers of the Air Passenger Complaint Handling Body. It was laid down by the Ministry of Transport and Communications 20 January 2012 under the Aviation Act 1993 sections 10-44, 10-45, 10-46, 10-47 and 15-4, and it repeals Regulation 31 October 2008 no. 1168.

The repealed regulation only dealt with air passengers, whereas the regulation from 2012 also encompasses passengers travelling by train.

The APCB Regulation contains provisions on how the Body is organised, its secretariat and the board, and procedural regulations. As to the procedural regulations it should be mentioned that pursuant to section 5-1 (2) and (3), the Body will not consider complaints where the passenger has not first filed a complaint with the airline and the airline has rejected or refused the passenger’s complaint, or where the airline has not made any reply/response to the complaint within 4 weeks. Should the airline not have a publicly known address or if they have not made arrangements for the passengers’ possibility to file a complaint, these provisions will not apply. The time limit for filing a complaint with the Body is in all cases 4 weeks from the date on which the passenger received a definitive response from the airline, cf. section 5-2.

The APCB Regulations also lay down provisions ensuring that the establishment and operation of the Body is financed through fees paid by the airlines and airport operators, cf. chapter 8.

 

Forskrift 6. januar 2011 nr. 9 om fraktførerens ansvar for skade ved lufttransport av passasjerer, reisegods og gods – The Carrier Liability Regulation

This regulation contains provisions on the limits for the carrier’s liability pursuant to the Aviation Act 1993 section 10-22. It was laid down by the Ministry of Justice and Public Security 6 January 2011 under the Aviation Act 1993 sections 10-22 subparagraph one first and second sentence, subparagraph two, subparagraph three first sentence and subparagraph four first sentence.

 

Forskrift 1. mars 2011 nr. 214 om forebyggelse av anslag mot sikkerheten i luftfarten – Regulation on the prevention of attacks against aviation security

The regulation was laid down by the Ministry of Transport and Communications 1 March 2011 under the Aviation Act 1993 sections 7-24 subparagraph one, 7-25 subparagraphs one and two and 16-1, and it repeals Regulation 30 April 2004 no. 715.

It implements the following Directives:
– Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002, with the exception of Article 7 and 8. Special conditions apply to Article 20.
– Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council, as amended by Commission Regulation (EU) No 297/2010 of 9 April 2010 amending Regulation (EC) No 272/2009 supplementing the common basic standards on civil aviation security and Commission Regulation (EU) No 720/2011 of 22 July 2011 amending Regulation (EC) No 272/2009 supplementing the common basic standards on civil aviation security as regards the phasing-in of the screening of liquids, aerosols and gels at EU airports
– Commission Regulation (EU) No 72/2010 of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation security
– Commission Regulation (EU) No 1254/2009 of 18 December 2009 setting criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures
– Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security, as amended by Commission Regulation (EU) No 357/2010 of 23 April 2010 amending Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security, Commission Regulation (EU) No 358/2010 of 23 April 2010 amending Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security, Commission Regulation (EU) No 573/2010 of 30 June 2010 amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security, Commission Regulation (EU) No 983/2010 of 3 November 2010 amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security, and Commission Regulation (EU) No 334/2011 of 7 April 2011 amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security
– Commission Decision 2010/774/EU of 13 April 2010 laying down detailed measures for the implementation of the common basic standards on aviation security containing information as referred to in point (a) of article 18 in Regulation (EC) No 300/2008, amended by Commission Decision C (2010) 2604, Commission Decision C (2010) 3572 (2010), and Commission Decision C 9139 of 20 December 2010
– Point 9.1.4 in the annex to Commission Decision C (2012) 1228 amending Commission Decision 2010/774/EU

The Regulation contains standards for safeguarding civil aviation against acts of unlawful interference that jeopardise the security of civil aviation, inter alia provisions on how to execute security controls. It also contains provisions on safety measurements and on access to restricted areas.

 

Forskrift 28. januar 2008 nr. 69 om funksjonshemmedes og bevegelseshemmedes rettigheter i forbindelse med lufttransport – Regulation concerning the rights of disabled persons and persons with reduced mobility when travelling by air

This regulation implements Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

It was laid down by the Ministry of Transport and Communications 28 January 2008 under the Aviation Act 1993 sections 7-1 subparagraph three, 10-42, 10-43, 13a-5, 15-4 and 16-1.

The regulation contains provisions on the responsibility for assistance and quality standards for the assistance, in addition to provisions on the training of personnel employed by air carriers and airport managing bodies, and transmission of information. It also provides specific provisions for service to arriving and departing passengers who has made a booking in advance and arriving and departing passengers who has not made a booking in advance.

 

Forskrift 2. juli 2007 nr. 839 om gjennomføring og håndheving av ECAA-avtalen (European Common Aviation Area) av 9. juni 2006 – Regulation on implementation and enforcement of the ECCA agreement of 9 June 2006

This regulation was laid down by the Ministry of Transport and Communications 2 July 2007 under the Aviation Act 1993 sections 16-3.

According to the regulation, in the relationship between Norway and an Associated Party in accordance with the agreement, the same conditions shall apply as between the European Community and the EC Member States, on the one hand, and the Associated Party concerned, on the other hand.

For further detail, see the ECAA agreement, along with information regarding the implementation process in Norway (in Norwegian).
 

 
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