Act No. 137 / 2011 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 01.08.2011
137
THE LAW
of 28 April 2011
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:
Amendment to the Civil Aviation Act
Act No. 49 / 1997 Coll., on Civil Aviation and on the amendment and amendment of Act No. 455 / 1991 Coll., on Commercial Enterprise (Trade Act), as amended, 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. 186 / 2006 Coll., Act No. 225 / 2006 Coll., Act No. 407 / 2010 Coll., is amended as follows:
1. in Paragraph 1 (1), the introductory part of the provision reads:
"This law incorporates the relevant European Union1), building on the directly applicable European Union1a) and regulating civil aviation matters'.
2. footnote 1 shall read:
"(1) Council Directive of 16 December 1991 on the mutual recognition of licences for the exercise of functions in civil aviation (91 / 670 / EEC). Council Directive 94 / 56 / EC of 21 November 1994 establishing basic principles for the investigation of accidents and incidents. 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. Directive 2006 / 23 / EC of the European Parliament and of the Council of 5 April 2006 on a Community air traffic controller licence. 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. ';
3. in § 12a (2) (f) and (g), "§ 91a (5)" is replaced by "§ 91a (6)."
4. In Paragraph 22j, the following paragraph 5 is inserted after paragraph 4:
"(5) The Authority shall check the continuing training plan at least every 3 years."
Paragraphs 5 to 7 shall be renumbered paragraphs 6 to 8.
5. the following Title VI is inserted after Section 42c, including the title:
AVIATION PRICE
(1) The provisions of this Title shall apply to the negotiation of the airport use price at which the airport is operated:
(a) more than 5 million passengers in a calendar year; or
(b) most passengers in a calendar year, unless no airport fulfils the condition referred to in (a).
(2) The Ministry of Transport shall publish annually in a manner that allows remote access the list of airports to which the provisions of this Title apply.
The airport operator shall not discriminate against the price for use of the air carrier airport. This does not preclude a distinction between the price of use of the airport for reasons of public interest, in particular with regard to airport safety, environmental protection or human health, on the basis of substantial, accurate and objectively measurable criteria relating to the operation of the airport.
Each year, the aerodrome operator shall invite air carriers using the airport operated by it to participate in the design of the airport use price (airport price list) in a manner that allows remote access; to this end they shall set a reasonable period which shall not be less than 60 days. Air carriers applying for an airport operator's invitation shall communicate to them, within the time limit specified in the first sentence, the data foreseen for at least the following two years in an annual breakdown of:
(a) the number of passengers transported, including transferring passengers, and the estimated number of take-offs and landings at the airport;
(b) the composition and use of the fleet; and
(c) requirements for airport activities and equipment included in the airport price list.
(1) Each year, the airport operator shall discuss the airport price list with the air carriers who made themselves known and communicated the required data to the airport operator. This does not apply if the airport operator agrees with the air carriers that the frequency of the discussion is different.
(2) For the purposes of discussing the airport price list, the airport operator shall communicate to the Ministry of Transport and to air carriers who have applied to the call made by it, data covering:
(a) the airport price list, its components and the method for determining them;
(b) airport activities and equipment included in the airport price list;
(c) public budgets provided for airport activities or equipment which have been included in the airport price list in the preceding calendar year;
(d) the amount of airport activity and equipment costs included in the airport price list in the preceding calendar year;
(e) the amount of revenue associated with the payment of airport use prices in the preceding calendar year;
(f) the number of passengers checked out and the number of take-offs and landings at the airport in the previous calendar year;
(g) the extent of the use of airport equipment included in the airport price list in the previous calendar year;
(h) the number of passengers checked out and the number of take-offs and landings at the airport envisaged for at least the following two years, broken down annually;
(i) the amount of airport activity and equipment costs included in the airport price list foreseen for at least the following two years, broken down annually;
(j) the amount of revenues associated with the payment of airport use prices, foreseen for at least the following two years, broken down annually.
(3) The aerodrome operator shall communicate the required data at least 4 months before the date from which the aerodrome price list is to be used. This time limit may be shortened by the airport operator if serious and justified circumstances so require.
(4) The data provided by the airport operator and by air carriers for the purpose of discussing the airport price list may not be communicated to third parties without the consent of the provider; This provision is without prejudice to the obligation to communicate data to the authorities competent under this or the Special Act.
(5) The air carrier may provide its reasoned comments on the airport price list within a reasonable time limit set by the airport operator. The aerodrome operator shall discuss these comments, as far as possible with regard to the use of the aerodrome.
(6) The airport operator will publish the airport price list after consulting air carriers. The airport price list may be used for the purposes of negotiating the airport use price at least 2 months from the date of its publication. If the airport price list has not been reached between the airport operator and the air carriers, the airport operator shall publish the specific reasons which led it to reject the comments of the air carriers.
The airport operator shall invite the air carriers using the airport operated by it to participate in the discussion of an airport development plan, the expected costs of which exceed 15% of the annual turnover of the airport operator in the preceding calendar year. To this end, they shall set a reasonable time limit which shall not be less than 60 days. The airport operator shall discuss with the air carriers who made themselves known to the airport, the development plan of the airport at the latest before the implementation of such an intention begins.
(1) The Ministry of Transport will decide, at the request of the air carrier, whether the published airport price list, its components and their method of determination are not contrary to § 42e. The application may be made no later than 15 days from the date on which the airport operator published the airport price list.
(2) The application shall contain information on the extent to which the discrepancy of the published airport price list, its components or the manner in which it is determined with § 42e is observed and the indication of the evidence needed to demonstrate that contradiction. If the application does not contain the specified data, the Ministry of Transport shall invite the applicant to complete the application within 3 days of the date of receipt of the call. If the applicant does not complete its application within that period, the Ministry of Transport will not examine it and the procedure will be terminated.
(3) The interested parties are the applicant and the airport operator.
(4) If the Ministry of Transport decides that the published airport price list, its components or the method of determining it is contrary to § 42e, this airport price list cannot be used, the airport operator renegotiating the adjusted airport price list without undue delay.
(5) No degradation may be brought against the decision referred to in paragraph 4.
(6) Each year, the Ministry of Transport shall publish in a manner that allows remote access a summary report for the previous calendar year on the results of the supervision of compliance with the obligations of the airport operator and the air carrier and procedures initiated under this Title. ';
Title VI shall be renumbered Title VII.
6. In § 55a (3), "§ 55b (4) and § 55c 'is replaced by" § 55c (4) and § 55d'.
7. In Paragraph 55a (8), "55c 'is replaced by" 55d';
8. In Paragraph 88 (1) (c), the following point 2 is inserted after point 1:
"2. Decision on whether the published airport price list, its components and the method for determining them are not contrary to § 42e, '.
Points 2 to 6 shall be renumbered 3 to 7.
9. in Paragraph 88 (1), the following points (d) to (f) are inserted after point (c):
"(d) publish in a manner that allows remote access the list of airports to which the provisions of Part Four of Title VI apply;
(e) publish in a manner that allows remote access a summary report on the results of the oversight of compliance with the responsibilities of the aerodrome operator and the air carrier and proceedings initiated pursuant to Part Four, Title VI;
(f) checks the fulfilment of the obligations of the airport operator and the air carrier pursuant to Part Four, Title VI; ';
Points (d) to (r) shall be renumbered as points (g) to (u).
10. The heading above Paragraph 92 reads: "Administrative misconduct."
11. In § 92 of the heading: "Transfers."
12. in § 92 (1) at the end of (v), in § 93 (1) at the end of (v) and in § 93 (6) at the end of (b), the word "or" shall be added.
13. In Paragraph 93, the following paragraph 8 is inserted after paragraph 7:
"(8) The airport operator referred to in § 42d (1) shall commit an administrative offence by not discussing with air carriers the airport price list in accordance with § 42g. '
Paragraphs 8 and 9 shall be renumbered paragraphs 9 and 10.
14. in Paragraph 93 (9) (c), the words "administrative offences" are replaced by "administrative offences";
15. in Paragraph 93 (9) (d), "paragraph 6 (a)" shall be added to the comma and "or paragraph 7 (i) or (j)" shall be replaced by "paragraph 7 (i) or (j) or paragraph 8,"
16. In Paragraph 98, at the end of paragraph 1, the sentence "This provision is without prejudice to Title VI of Part Four. 'is added.
17. in § 99a (3), "§ 55a (7)" is replaced by "§ 55a (8)."
18. in Paragraph 102 (1), "§ 22j (7)" is replaced by "§ 22j (8)."
Transitional provision
The price agreed pursuant to Paragraph 98 (1) of Act No. 49 / 1997 Coll., as effective until the date of entry into force of this Act, shall be paid no later than the date of the agreement of the airport use price pursuant to Part Four, Title VI, of Act No. 49 / 1997 Coll., as effective from the date of entry into force of the Act.
Amendment to the Electronic Communications Act
Act No. 127 / 2005 Coll., on electronic communications and amending certain related laws, as amended by Act No. 290 / 2005 Coll., Act No. 361 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 235 / 2006, Act No. 310 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 247 / 2008 Coll., Act No. 384 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll. and Act No. 153 / 2010 Coll., is amended as follows:
In Article 24 (3), the words "and air moving services in sport and recreational activities' shall be added after the words" for amateur radio communications service '.
EFFECTIVE
That law shall take effect on the first day of the third calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 137 / 2011 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 | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.05.2011 |
|---|---|
| Effective from | 01.08.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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