Act No. 127 / 2014 Coll.

Act amending Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, as amended, and other related laws

Valid Effective from 01.02.2015
127
THE LAW
of 11 June 2014
amending Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Civil Aviation Act
Čl. I
Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Commercial Enterprise (Trade Act), as amended, Act No. 189 / 1999 Coll., Act No. 146 / 2000 Coll., Act No. 258 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 167 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 281 / 2009 Coll., Act No. 301 / 2009 Coll., Act No. 407 / 2010 Coll., Act No. 137 / 2011 Coll., Act No. 375 / 2011 Coll., amended as follows:
1. footnotes 1 and 1a are as follows:
(1) Directive 2002 / 30 / EC of the European Parliament and of the Council of 26 March 2002 on rules and procedures for the introduction of operating noise reduction restrictions at Community airports. Directive 2003 / 42 / EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation. Council Directive 96 / 67 / EC of 15 October 1996 on access to the groundhandling market at Community airports. Council Directive 2004 / 82 / EC of 29 April 2004 on the obligation for carriers to transmit passenger data. Directive 2004 / 36 / EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports. Commission Directive 2008 / 49 / EC of 16 April 2008 amending Annex II to Directive 2004 / 36 / EC of the European Parliament and of the Council as regards the conduct of ramp inspections on aircraft using Community airports. Directive 2009 / 12 / EC of the European Parliament and of the Council of 11 March 2009 on airport charges.
(1a) Council Regulation (EEC) No 95 / 93 of 18 January 1993 on common rules for the allocation of slots at Community airports, as amended. Regulation (EC) No 261 / 2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding, cancellation or long delay of flights and repealing Regulation (EEC) No 295 / 91. Regulation (EC) No 549 / 2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation), as amended. Regulation (EC) No 550 / 2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation), as amended. Regulation (EC) No 551 / 2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of airspace in the single European sky (the airspace Regulation), as amended. Regulation (EC) No 552 / 2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management Network (the interoperability Regulation), as amended. Regulation (EC) No 785 / 2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators, as amended. Regulation (EC) No 847 / 2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air agreements between Member States and third countries. Regulation (EC) No 2111 / 2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers which are subject to an operating ban within the Community and on informing air passengers of the identity of the operating air carrier and repealing Article 9 of Directive 2004 / 36 / EC, as amended. Regulation (EC) No 1107 / 2006 of the European Parliament and of the Council of 5 July 2006 on the rights of persons with disabilities and persons with reduced mobility in air transport. Regulation (EC) No 216 / 2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, repealing Council Directive 91 / 670 / EEC, Regulation (EC) No 1592 / 2002 and Directive 2004 / 36 / EC, as amended. 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, as amended. Regulation (EC) No 1008 / 2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community. Commission Regulation (EU) No 72 / 2010 of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation security. Regulation (EU) No 996 / 2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94 / 56 / EC. Commission Regulation (EU) No 805 / 2011 of 10 August 2011 laying down implementing rules for the granting of licences and certain air traffic controllers' certificates pursuant to Regulation (EC) No 216 / 2008 of the European Parliament and of the Council. ';
2. In Article 2, paragraphs 9 to 15 are added:
"(9) An event shall mean an interruption, defect, failure or other exceptional circumstance which affects or could affect the safety of the flight and which at the same time does not result in an accident or serious incident.
(10) Commercial air transport means the carriage of persons, animals, baggage, mail or other cargo by aircraft against payment.
(11) An air carrier means a person authorised to operate commercial air transport on the basis of a licence or other similar authorisation.
(12) Domestic air carrier means an air carrier holding a commercial air transport licence issued by the competent administrative authority of the Czech Republic.
(13) An air carrier of another Member State shall mean an air carrier holding a commercial air transport licence issued by a competent authority of another Member State of the European Union, another State constituting the European Economic Area or the Swiss Confederation.
(14) An air carrier from a third country shall mean an air carrier holding a commercial air transport licence or similar document issued by a competent authority of a State which is not a Member State of the European Union, a State constituting the European Economic Area or the Swiss Confederation.
(15) A series of non-scheduled flights means making more than 3 flights over 2 consecutive calendar months. ';
3. in Sections 3 (5) to (7) and 8 (a) and (b), 11, 17 (1), 18 (3), 22 (3), 32 (1) to (3) and (5), 42b (5), 44 (4) (a), 58 (1) of the Introductory Part of the Provisions, 58 (1) (c), 65 (a), 88 (1) (c) (4), 88 (1) (r), 89 (1) (b) and (r), 89 (2) (o), 91 (3), 98 (3) and 102 (2), the words "European Communities" shall be replaced by the words "European Union."
Footnote 1c) reads as follows:
"(1c) Regulation (EC) No 216 / 2008 of the European Parliament and of the Council as amended. ';
4. in Article 4 (2) (a) and (b):
"(a) details of its owner, namely:
1. the name, surname, domicile and date of birth if it is a natural person; or
2. the trading firm or the name and identification number, if assigned, if any, if it is a trading natural or legal person;
(b) details of its operator,
1. the name, surname, domicile and date of birth if it is a natural person; or
2. the trading firm or the name and identification number, if assigned, if any, of the natural or legal person involved, ';
5. In Article 7, at the end of paragraph 1, the sentence "Only the applicant is a party to a product type-approval procedure 'is added.
6. in Article 7 (2) (a), the words "agreement with the applicant" shall be replaced by "applicant's observations."
7. Paragraph 7 (5) reads as follows:
"(5) The Authority shall take a decision on product type-approval not later than 3 years after the initiation of the procedure; in particularly complex cases up to 5 years. ';
8. In Paragraph 18 (3), the word "clean 'is deleted.
9. In Paragraph 19 (2), the word "integrity," is deleted.
Article 10 (19a) is deleted.
11. In Paragraph 20, the sentence "Knowledge of the Czech language is part of the applicant's professional competence for the issue of an air traffic controller licence in accordance with the directly applicable European Union law governing the licensing and the conditions for the performance of the air traffic controller's activity."
footnote 16:
"16) Commission Regulation (EU) No 805 / 2011."
12. Article 21 shall be deleted, including the title.
13. in Paragraph 22a (2), the word "Air" shall be replaced by the words "Domestic Air."
14. in Article 22a (3), the word "domestic" shall be inserted after the word "application" and the word "domestic" shall be inserted after the word "control system";
15. in the first sentence of Paragraph 22a (4), the word "domestic" and the words "air carrier certificate" shall be inserted after the word "application";
16. in Article 22a (5), the word "domestic" shall be inserted after the word "applications."
17. in § 22b of the introductory part of the provision, the word "Air" shall be replaced by "Domestic Air."
18. in Paragraph 22c (1) (c), the word "domestic" shall be inserted after the word "submit."
19. in Paragraph 22c (3), the word "domestic" shall be inserted after the word "flight."
20. Part Three of Title III reads "MILITARY AIR PERSON '.
Article 21 (22d) to (22m) shall be deleted, including the headings.
22. in Article 23, the words "19a," and the second sentence shall be deleted.
23. in Paragraph 25 (4), "the European Community" is replaced by "the European Union";
24. The heading above § 34a reads: "The operational capacity of the airport."
25. § 34a reads:
„§ 34a
(1) Public international airports can be operated only if their operational capacity is approved.
(2) The operational capacity of a public international airport shall be approved by the Authority at the request of the airport operator. The application shall be accompanied by a copy of the aerodrome operator drawn up by the aerodrome manual containing technical and operational data on the aerodrome operator and the aerodrome operated by it.
(3) The aerodrome operator shall keep records of changes in the data contained in the aerodrome manual. The aerodrome operator shall notify the Authority of changes to the information contained in the aerodrome manual no later than 5 working days from the date on which such changes took place; the notification shall be accompanied by a copy of the record of changes in the aerodrome manual.
(4) The requirements of the airport manual are laid down in implementing legislation. "
26. in Article 34b (1), the word "certification" is replaced by the words "approval of operational competence" and the word "certified" is deleted;
27. in Paragraph 34b (2):
"(2) The Authority shall issue a decision approving the operational capacity of an airport without undue delay, but not later than 1 year after the initiation of the procedure. ';
28. in Article 34b, paragraphs 3 and 4 are deleted;
29. § 34c reads:
„§ 34c
(1) If the Authority finds that a public international airport does not meet the conditions for the approval of an operational capacity during operation, it shall require the operator of that airport to remedy the deficiencies identified and shall set a reasonable time limit which may not exceed 6 months.
(2) If the airport operator does not remedy the deficiencies identified within the time limit set, the Authority will withdraw the approval of the airport's operational capability. The appeal against the decision to revoke the approval of aerodrome operational competence shall not have suspensory effect. ';
30. The following Section 34d is inserted after Section 34c:
„§ 34d
Operating capacity may also be approved at a public national airport. Paragraphs 34a (2) to (4), 34b and 34c shall apply mutatis mutandis. ';
31. In Paragraph 44, the following paragraph 4 is inserted after paragraph 3:
"(4) If flying in the airspace of the Czech Republic is directly and seriously threatened or if this requires a particularly significant public interest, and if it is not otherwise possible for the danger of delay, the Authority shall restrict or prohibit the use of the airspace of the Czech Republic or its part for a period of time strictly necessary."
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
32. in Paragraph 44 (6), "paragraph 4 (b)" is replaced by "paragraph 5 (b)";
33.In Article 44 (7), "paragraph 5" is replaced by "paragraph 6."
34. in § 44a (1) to (3), "§ 44 (2), (3) and (5)" is replaced by "§ 44 (2), (3) and (6)";
35. the following Section 44b is inserted after Section 44a:
„§ 44b
(1) The draft measures of a general nature referred to in Article 44 (4) shall not be published and no comments or objections shall be submitted.
(2) A draft measure of a general nature pursuant to Article 44 (4) shall be sent by the Office to the Ministry of Defence, to the person responsible for the exercise of public administration in matters of sports flying equipment and to the person responsible for providing air traffic services for expression and shall set a reasonable time for that purpose. The Authority shall address the statement as a basis for measures of a general nature and deal with it in its justification. If the authorities concerned have not expressed their views in accordance with the first sentence within the time limit laid down, they shall agree to the draft measure of a general nature.
(3) Measures of a general nature under Article 44 (4) The Office shall notify the Public Order which it shall post on its official plate. A measure of a general nature shall take effect on the date of publication of the public order. ';
Article 44b is renumbered Article 44c.
36. In Paragraph 45 (2), the dot at the end of point (g) is replaced by a comma and the following point (h) is added:
"(h) flight procedures service."
37. The title of Episode 3 reads:
"Air Telecommunications Service, Air Weather Service, Air Information Service, Pre-flight preparation and flight monitoring, Air Search and Rescue Service and Flight Procedure Making Service '.
38. In Article 49 (1), the first sentence is replaced by the following: "The air telecommunications service, the air meteorological service, the air information service, the pre-flight preparation and flight monitoring service and the flight process formation service may be provided by a legal or natural person after prior agreement of the Authority."
39. Paragraph 49a, including footnotes 17 and 18, reads as follows:
„§ 49a
(1) Air navigation services may be provided by a legal person holding a certificate issued under a directly applicable European Union regulation governing the provision of air navigation services in the single European sky and its operation17) unless otherwise provided for in this directly applicable regulation. Air traffic services and meteorological services under the directly applicable European Union law governing the creation and functioning of the single European sky (17) may be provided by a legal person in accordance with the first sentence designated by the Office for the provision of such services. Paragraph 46 to 49 shall not apply to the provision of air navigation services under the directly applicable European Union Regulation governing the creation and functioning of the single European sky.
(2) The office of destination for the provision of air traffic services or meteorological services pursuant to the directly applicable European Union regulation governing the provision of air navigation services in the single European nebi18 shall cancel if the designated person:
(a) the certificates issued in accordance with the directly applicable European Union regulation governing the provision of air navigation services in the single European nebi18),
(b) does not comply with the rules on the provision of air traffic services or meteorological services laid down by this law, by an international agreement forming part of the legal order, or by a directly applicable European Union provision governing the provision of air navigation services in the single European nebi18); or
(c) request the revocation of the designation.
(3) The person providing air navigation services will make operational data available if the European Union5c, the Ministry of Transport and the Office so provides.
(4) Air traffic services or meteorological services shall also be authorised to be provided by a legal person who:
(a) it has been designated by an authority of another Member State to provide air traffic services or meteorological services in accordance with a directly applicable European Union regulation governing the provision of air navigation services in the single European nebi18); and
(b) is a Contracting Party to a contract concluded pursuant to a directly applicable European Union regulation governing the provision of air navigation services in the single European nebi18 (hereinafter referred to as the "Service Use Contract") with a person designated by the Authority to provide air traffic services or meteorological services.
(5) The contract for the use of services must be approved by the Office, otherwise it is ineffective. An application for approval of a service use contract shall be submitted by the Contracting Parties designated by the Authority for the provision of air traffic services or meteorological services. The parties to the procedure for the approval of the use of the service contract shall be the parties only.
(6) The Authority may approve the contract for the use of services if it is in writing, if it includes the designation of the contracting parties, the subject matter and purpose of the contract and if it does not result in the performance of the contract as a threat to the safety of air traffic.
(7) A contract for the use of services concluded between air traffic service providers or meteorological services may be amended only by agreement of the Contracting Parties to which the provisions of paragraphs 5 and 6 apply mutatis mutandis.
(8) The authorisation to provide air traffic services or meteorological services under a service-use contract shall cease to exist on the date on which the person providing such services no longer fulfils the condition set out in paragraph 4 (a). The Authority shall authorise the provision of air traffic services or meteorological services under a service-use contract if the person providing such services cancels:
(a) no longer fulfils the conditions laid down in paragraph 4 (b); or
(b) it does not comply with the rules on the provision of air traffic services or meteorological services laid down by this law, by an international treaty which is part of the legal order, or by a directly applicable European Union provision governing the creation and functioning of the single European sky (17).
(9) The Authority shall submit annual reports to the European Commission in the field of the provision of air navigation services in accordance with the directly applicable European Union5e). To this end, the Authority shall be entitled to request information from persons providing air navigation services.
17) Regulation (EC) No 549 / 2004 of the European Parliament and of the Council, as amended. Regulation (EC) No 550 / 2004 of the European Parliament and of the Council, as amended. Regulation (EC) No 551 / 2004 of the European Parliament and of the Council, as amended. Regulation (EC) No 552 / 2004 of the European Parliament and of the Council, as amended.
18) Regulation (EC) No 550 / 2004 of the European Parliament and of the Council, as amended. '
40. The following Section 49aa is inserted after § 49a, which includes the title:
„§ 49aa
Denying the provision of air navigation services
(1) A person providing air navigation services may refuse to provide air navigation services to a recipient who is demonstrably late in paying the price for air navigation services previously provided, if
a) the aggregate amount of his outstanding claims due at least CZK 100,000; and
(b) a delay period of at least 3 months.
(2) The provision of air navigation services cannot be denied if the safety or fluidity of air traffic is thereby compromised, in particular if it is an aircraft operated by the recipient of such services in flight.
(3) Unless otherwise agreed with the beneficiary, the person providing air navigation services shall initiate the provision of such air navigation services without delay after the recipient has paid all due claims relating to previously provided air navigation services.
(4) The person providing air navigation services shall immediately notify the refusal to provide air navigation services of:
(a) the Office;
(b) the operator of the airport at which he refused to provide such services;
(c) the organisation for aviation safety EUROCONTROL. ';
41st § 49h reads:
„§ 49h
(1) In a measure of a general nature introducing measures for the regulation of groundhandling services under Sections 49f and 49g, the Authority shall specify:
(a) the type of handling services covered by the measure;
(b) the area of the public airport covered by the measure;
(c) a procedure to overcome the restrictions introduced;
(d) the date on which the measure is introduced; and
(e) the period for which the measure is introduced.
(2) Following the initiation of the procedure, the Authority shall notify the European Commission of the proposed measure, including the reasons for its introduction and the date on which the measure is to be implemented; it must do so at least 4 months before the date on which the measure is to be implemented. The date of notification shall be suspended for a period of 3 months.
(3) If the European Commission disagrees with the proposed measure, the Authority will stop the proceedings. If the European Commission requests amendments to the proposed measure, the Authority shall be bound by them when the measure is adopted. ';
42. The heading of § 49i reads: "Air Carriers Committee."
43.In § 49j (2), "Ministry of Transport and Communications" is replaced by "Office."
44. in Paragraph 49j (3), the word "air" shall be inserted after the word "Committee."
45. In Part Five, Title IV, including the headings and footnotes No 19, read:

„HLAVA IV

DETERMINATION OF CAUSATION OF AIRCRAFT INCIDENTS AND EVENTS
§ 55
Institute for Professional Detection of Causes of Accidents
(1) The Institute for the Professional Detection of Causes of Accidents (hereinafter referred to as the Institute) is an administrative office based in Prague, the budget of which is part of the budget chapter of the Ministry of Transport.
(2) The Institute is headed by a director who is appointed and dismissed by the Government on a proposal from the Minister for Transport. An upstanding citizen of the Czech Republic may be appointed Director of the Institute; a citizen who has not been convicted of a criminal offence committed intentionally, unless he is looked at as if he has not been convicted, shall be deemed to be righteous. The Director of the Institute shall be deemed to be a service body and shall be entitled to order a civil servant to perform a civil service under the Civil Service Act. In addition to the Director of the Institute, the staff of the Institute are also inspectors.
(3) The Director of the Institute and the inspectors of the Institute may not, during the course of their duties, engage in any activity related to the type-approval, airworthiness of parts and appliances of aircraft and aeronautical ground equipment, the licensing of commercial air transport, air traffic control or airport operations, and may not serve as an adviser or member in the statutory bodies of bodies whose interests might conflict with the activities of the Institute.
§ 55a
Activities of the Constitution
(1) Institute
(a) identify the causes of accidents and incidents;
(b) collect, process, evaluate and store data on reported events.
(2) Inspectors of the Institute are required to:
(a) maintain confidentiality regarding the facts which they have become aware of in connection with the performance of their duties; and
(b) to be proved in the performance of his duties by an inspector of the Institute.
(3) In exceptional or factually complex cases, inspectors of the Institute may use the assistance of an expert consultant who has knowledge of a specific field (hereinafter referred to as "consultant '). The inspector of the Institute shall record the receipt of the consultant. With the agreement of the Institute's inspector, the consultant may, to the extent necessary for the performance of his duties, consult the file on an accident or incident and be present at the disposal of the Institute's inspectors. A consultant shall not interfere with the performance of the authority of the inspectors of the Institute. All the facts that the consultant has learned about in connection with the performance of his duties must be kept confidential. This obligation may be waived by the Institute. Specific rules on experts and interpreters shall be applied mutatis mutandis to exclude the consultant.
(4) In identifying the causes of accidents and eliminating their consequences, the Institute shall cooperate with the permanent authorities for coordinating the components of the integrated rescue system. In carrying out rescue and disposal work at the scene of an accident, inspectors of the Institute shall cooperate with the intervention commander in particular to maintain the evidence necessary for the technical identification of the cause of the accident.
(5) In identifying the causes of accidents and incidents involving civil and military aviation, the Institute shall cooperate to the extent necessary with the Ministry of Defence. In identifying the causes of accidents and incidents involving the operation of civil and police aircraft, the Institute shall cooperate to the extent necessary with the Ministry of the Interior.
(6) The model of the inspector's licence shall be laid down in the implementing legislation.
§ 55b
Detection of causes other than serious incidents
(1) Any non-serious incident occurring in the territory of the Czech Republic, any operator or pilot of an aircraft or an air service provider shall notify the Constitution without undue delay.
(2) When identifying causes other than serious incidents, inspectors of the Institute shall be entitled to provide parts of the aircraft for further examination and require:
(a) free access to the site other than a serious incident, to the aircraft, its parts and its contents;
(b) drawing up a list of evidence immediately;
(c) free access to and use of flight recorders and all other records;
(d) free access to the results of interrogations of air personnel and pilots of sports flying equipment;
(e) free access to the results of tests to detect the presence of alcohol or other addictive substances in air personnel and pilots of sports flying equipment;
(f) explanations from persons,
(g) free access to any other information relating to an incident other than a serious incident.
(3) Any incident other than serious, the causes of which have been identified by the Institute, the inspector of the Institute shall, without undue delay, prepare a report containing, if appropriate, safety recommendations. The Institute shall publish the report in a manner that allows remote access within 12 months of the date on which a non-serious incident occurred; at the same time, it shall transmit it to the Ministry of Transport, the Authority, aircraft operators or air service providers involved in a non-serious incident and other persons who could benefit from its conclusions with regard to civil aviation safety.
§ 55c
Delegation
(1) The Institute may entrust, upon request, a legal person who is competent to ensure the proper performance of these activities through competent natural persons and with the assistance of appropriate technical equipment, by examining the causes of accidents which have not killed persons. In carrying out the activities entrusted to it, the legal entity shall be subordinate to the Constitution.
(2) The legal person authorised under paragraph 1 shall proceed to identify the causes of accidents and serious incidents in accordance with the directly applicable European Union law governing the investigation of accidents and incidents in civil aviation (19). In order to carry out the activities of a legal person entrusted under paragraph 1, the provisions of Articles 55a (2) (a), 55a (3) and (4) and 55b (2) and (3) shall apply mutatis mutandis. The natural person by whom the legal person responsible under paragraph 1 is responsible for the identification of the causes of accidents and incidents shall be required to prove himself in carrying out this activity by means of a document issued by the designated legal person.
(3) The legal person authorised under paragraph 1 shall notify the Constitution without delay:
(a) any results of the activities entrusted to them; and
(b) any changes to the facts relevant to the delegation.
(4) The institution to be entrusted shall withdraw if the holder of the delegation:
(a) no longer fulfils the conditions for entrustment;
(b) seriously infringes the obligations laid down by this law; or
(c) request that the delegation be withdrawn.
(5) The model of the licence of a natural person referred to in paragraph 2 shall be laid down in implementing legislation.
§ 55d
Event reporting
(1) Events are required by the Institute to report the following persons:

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Regulation Information

CitationAct No. 127 / 2014 Coll., amending Act No. 49 / 1997 Coll., on Civil Aviation, and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, as amended, and other related laws
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation11.07.2014
Effective from01.02.2015
Effective until-
Status Valid
The regulation text is for informational purposes only.
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