Contributor: Astra Advokater
Author: Stephan Eriksson, Johan Cederberg
1. Which authority is in charge of the civil aviation registry in Sweden? Does Sweden use a single-registry system or is there a dual-registry system in place?
At this time, the Swedish Aviation Authority does not have a digital platform capable of electronic submissions of registration for ownership, leases etc. Furthermore, the authorities do not, at this point, accept digitally signed agreements as the foundation of registration matters. The trend in Sweden is, however, that public authorities strive towards digital handling of such matters, and it can be expected that in the near future, the submission of registration will be available digitally.
2. Is the registry an operator registry or an owner registry (or both)?
3. What are the requirements and documentation to register an aircraft in Sweden? Include references to formalities such as notarisation, legalization, etc.
Yes, the registry is digital, although only information about the owner and the operator is publicly available.
4. What fees are payable to register an aircraft in Sweden?
No, the submission for registration must be filed with physical files, signed in wet ink. The authority then transfers the physical documents into their electronic register.
5. Are there any weight and/or maximum age restrictions to register an aircraft in Sweden?
Agreements, although not accepted as grounds for registration with the Aviation Authority, are legally binding between the parties no matter the format (verbal, signed digitally or signed in wet ink). The enforceability of such agreement is, should dispute arise, an issue of evidence.
6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of Sweden?
Yes, that is possible and nowadays preferred by the courts.
7. How is an aircraft title transfer effected in Sweden? What are the formalities required to register such title transfer in the national registry of Sweden (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
Procedural documents are widely accepted and preferred by the courts. For procedural documents, there are no requirements for signing whatsoever. However, POAs needs to be submitted to the courts in original or signed and submitted through the court’s digital platform for it to be acceptable.
8. What information and details are reflected in the certificate of registration of an aircraft?
As mentioned above, agreements are legally binding, no matter the format. If digitally signed, it does not need expressed consent or referral. However, to avoid the issue of proving the validity of the agreement (or other document), it is recommended that it is clearly stated that the agreement or document is signed digitally, and it is further recommended that cryptographic or two-step authentication is used to validate the signee’s identity.
9. Are the entries in the aircraft registry of Sweden made available to the public upon submission of a specific application to the competent authority? Are there any fees payable for this?
No, the Aviation Authority does not accept digitally signed agreements or finance documents. Such documents need to be submitted in original (and in case of lease, together with two (2) authenticated copies). Furthermore, if the applicant is a legal entity, some sort of proof of incorporation showing the legal capacity of the signee will need to be submitted.
10. What kind of aircraft operations can be conducted with aircraft registered in Sweden (i.e., private use, commercial air transport or both)?
To our knowledge, no.
11. Does the civil aviation authority in Sweden authorise the operation of foreign registered aircraft? If so, with which countries has Sweden entered into bilateral agreements on the basis of article 83-bis of the ICAO Chicago Convention for the delegation of regulatory oversight?
No, generally, there are no notary or apostille requirements. In cases where authentication of a document is required, it is sufficient that a physical person (stating name, SSN, telephone number) asserts the authenticity of the relevant document with a staple on the copy.
a. Has Sweden implemented the e-Apostille program?