Act No. 147 / 2010 Coll.
Act amending Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended, and Act No. 221 / 1999 Coll., on Professional Soldiers, as amended
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Effective from 01.08.2010
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147
THE LAW
of 21 April 2010
amending Act No. 219 / 1999 Coll., on the armed forces of the Czech Republic, as amended, and Act No. 221 / 1999 Coll., on professional soldiers, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the Armed Forces of the Czech Republic
Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended by Act No. 352 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 253 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 546 / 2005 Coll., Act No. 274 / 2008 Coll. and Act No. 41 / 2009 Coll., is amended as follows:
1. In Article 2 (10) (c), the words "military aircraft," and "military aircraft," are deleted.
2. Paragraph 3 (6) reads as follows:
"(6) In proceedings before the courts, the staff of the Ministry acting on behalf of the State shall act as authorised minister. These staff members shall act on behalf of the Ministry, the military administration and the service authorities of the armed forces as well as in the administrative judiciary. ';
3. In Article 7, at the end of paragraph 1, the dot is replaced by a comma and the following point (e) is added:
"(e) establish military honours."
4. In Paragraph 14 (1) (g), "aviation activities' is replaced by" transport '.
5. Paragraph 22, including the title, reads:
Securing transport for own use
(1) The army ensures the transport of soldiers in active duty, soldiers of the armed forces of foreign States, civil servants of the Ministry and of the armed forces, their family members, civilian personnel of the armed forces of foreign States and persons who receive care under special legislation12), vehicles of the armed forces or military transport aircraft (hereinafter referred to as "service transport").
(2) The army may provide service to other persons, if they carry out tasks for the benefit of the armed forces or in cooperation with the armed forces, subject to the consent of the Minister.
(3) When providing the service referred to in paragraph 1, the army may also provide the service of staff of other central government bodies and staff of their subordinate organisational units. ';
6. Paragraph 29 (1) reads as follows:
"(1) The training of armed forces includes training, military training of soldiers to carry out combat, rescue and humanitarian tasks, and training for patriotism. Military training takes the form of basic, professional and special. Physical and psychological training is part of the preparation. '
7. In Paragraph 29, the following paragraph 6 is added:
"(6) The military may also provide military training to persons other than soldiers or civil servants if they are persons performing tasks in cooperation with the military or in the benefit of the army. On the basis of the Minister's decision, the army may provide military training to other persons, if this does not jeopardise the performance of the military's tasks. '
8. In Paragraph 31 (1), the second sentence is deleted.
9. In Paragraph 31, the following paragraph 2 is inserted after paragraph 1:
"(2) Organizational elements of the State set up by the Ministry and legal entities for which the Ministry functions as founder or founder may use military material to the extent of their business or main activity, except military equipment. For other purposes, military material, except armaments, may be used only with the Government's consent. '
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
10. Section 3 of Section 2 of Part 6 of Title II, including the title and footnote 13, reads as follows:
Registration of military aircraft and verification of technical competence of military aviation equipment
Military aviation technology
For the purposes of this Act:
(a) a military aircraft for the purpose of carrying out tasks in the defence of the State; a military aircraft is also a military unmanned vehicle designed to operate without a pilot on board and intended to carry out defence tasks of a State whose maximum take-off mass exceeds 20 kg;
(b) type of military aviation technology, conformity of the design and technical characteristics of the product of military aviation technology, military component or equipment and military aircraft ground equipment with the requirements laid down for flight safety and ecology of aircraft operations;
(c) an aircraft, engine or propeller designed for military aircraft;
(d) any instrument, equipment, mechanism, apparatus, accessories or aggregate, including communication equipment, used or intended for use in the operation or control of an aircraft in flight and incorporated in or attached to a military aircraft; the military component or equipment also includes the part of the dragon, engine or propeller, the control station of the military unmanned aircraft and any other element necessary to permit the flight and the military equipment used for the military aircraft;
(e) military aircraft ground equipment technical equipment for the operation of a military aircraft, for air traffic control, including ground control stations, including communication links;
(f) a prototype test product of an aircraft, part or appliance, an aerial ground installation on which the necessary tests and tests are carried out to verify the design, shape and function.
The designated military aviation technology may be used in military aviation only if the Ministry has assessed and certified its airworthiness, operational competence or release into service and the Ministry has given its consent to its use in military aviation. The costs of assessing and certifying the competence of designated military aviation equipment shall be borne by the applicant.
Military Aviation Register of the Czech Republic
(1) Military aircraft are registered in the Military Aviation Register of the Czech Republic (hereinafter referred to as the Military Aviation Register), which is maintained by the Ministry.
(2) The Military Aviation Register shall not be publicly available and shall include aircraft of the armed forces, legal entities providing for the defence of the State or legal entities engaged in the development, manufacture, testing, installation, maintenance, repair, modification or design of aircraft intended to perform the tasks of defence of the State or legal entities providing for the tasks of test and demonstration flights.
(3) The following information on a military aircraft shall be entered in the military register:
(a) the owner;
(b) the operator,
(c) registration number,
(d) type and serial number of the military aircraft and other basic technical data;
(e) the aircraft address, if allocated,
(f) the date of registration and deletion from the military aviation register.
(4) Only an aircraft not registered in another aircraft register may be registered.
(5) By entering into the military aviation register, the aircraft becomes a military aircraft and acquires the nationality of the Czech Republic.
(6) Military aircraft registered in the military aviation register shall be identified by a national distinguishing sign or a national flag, registration mark and operator designation. The graphical design of the designation of a military aircraft shall be approved by the Ministry.
(1) The entry of an aircraft in the military register shall be carried out by the Ministry at the request of the owner or aircraft operator. The Ministry shall assign a registration number to the military aircraft and issue a certificate of registration of the military aircraft in the military aviation register. The registration number of a military aircraft shall not be confused with the registration number of any civil aircraft.
(2) The contract for the transfer of ownership of a military aircraft or the contract for the hire of a military aircraft, which will change the operator, will take effect on the date of entry into the military aviation register.
(3) The owner or operator of a military aircraft is required to report and document to the Ministry changes to the data entered in the military aviation register no later than 7 days after the date of the change.
The removal of a military aircraft from the military register shall be carried out by the Ministry at the request of the owner or operator of the military aircraft to which all documents issued by the Ministry to that military aircraft have to be attached, or if it finds that the conditions laid down for the entry of the aircraft in the military register have changed or ceased. The Ministry shall issue a certificate of the deletion of a military aircraft from the military register.
Approval of a type of military aviation technology
(1) The type of aviation technology intended for the performance of State defence tasks shall be approved by the Ministry as a type of military aviation at the request of the manufacturer, importer or other legal or natural person. The Ministry may recognise a type of military aviation technology approved by another State or the Civil Aviation Authority.
(2) The Ministry for the purpose of type-approval of military aviation equipment shall provide for:
(a) in agreement with the applicant, the provisions on type-approval of military aviation equipment in accordance with international agreements (hereinafter referred to as the "regulatory base") and the requirements of the Ministry on the basis of which the type-approval of military aviation equipment will be granted;
(b) the period within which the type-approval of military aviation technology may be based on the prescribed regulatory basis and requirements of the Ministry.
(3) During the approval or recognition of a type of military aviation technology, the Ministry may require tests to be carried out or the production of results of verification of compliance with the requirements laid down by the regulatory basis for safety, environmental protection and ecology.
(4) The Ministry will approve the type of military aviation technology on the basis of the results of the assessment and verification of the conformity of the characteristics of military aviation technology with the requirements laid down for the safety of military aviation technology.
(5) The type-approval of military aviation equipment shall be subject to type-certification by the Ministry of Military Aviation, the military part or equipment, and the type-competence certificate for military aircraft equipment. If the Ministry recognises the type of military aviation technology referred to in the second sentence of paragraph 1, it shall issue a certificate of recognition of the type of military aviation technology.
Obligations of the manufacturer and operator of military aviation technology
(1) The manufacturer of military aviation equipment is obliged
(a) to produce military aviation technology according to the type approved or recognised by the Ministry;
(b) monitor the military aviation technology manufactured by it in service and, on the basis of analyses of military aviation technology failures, issue measures to maintain or restore its technical competence.
(2) An operator of military aviation technology is required to:
(a) keep records of the operation of military aviation technology and transmit to the manufacturer of designated military aviation technology at least once a year information on the operation of such military aviation technology;
(b) operate military aviation technology in accordance with documentation of an approved or recognised type of military aviation technology by the Ministry.
Certificate of competence of military aviation technology
(1) The Ministry shall decide on the competence of a military aviation technology product (hereinafter referred to as "airworthiness"), the competence of a military component or a flight equipment (hereinafter referred to as "release to service") and the operational competence of an air traffic control equipment (hereinafter referred to as "operational competence") upon request.
(a) the manufacturer or importer, in the case of newly manufactured or imported military aviation equipment;
(b) operators in the case of military aviation equipment already in operation.
(2) The approval of airworthiness, operational competence or release into service shall be subject to the compliance of military aviation technology with the approved type and the assessment and verification of its airworthiness, operational competence or release to service. Assessment and verification of airworthiness, operational competence or release to service shall be carried out by the Ministry. The Ministry may delegate the assessment and verification of airworthiness, operational competence or the assessment of release to service to a legal or natural person who meets the requirements set out in Section 35n.
(3) The Ministry may recognise the competence of military aviation equipment referred to in paragraph 1 issued by another State or the Civil Aviation Authority. In recognition of the competence of a military aircraft intended to carry out the tasks referred to in Article 14 (1) (e), the Ministry shall recognise the manufacturer's documents confirming compliance with the requirements of environmental legislation for noise in aircraft operations.
(4) The Ministry shall issue a certificate of approval or recognition of airworthiness, operational competence or release to service of military aviation equipment.
Airworthiness and operational competence checks
(1) Military aircraft registered in the military aviation register and military aircraft ground equipment are subject to airworthiness or operational checks at the Ministry. The Ministry may carry out an airworthiness check or operational competence in conjunction with a legal or natural person meeting the requirements set out in § 35n.
(2) If the Ministry finds, when checking, that a military aircraft or military ground-based aircraft does not meet the airworthiness or operational requirements, it shall withhold a certificate of airworthiness or a certificate of operational competence until the identified airworthiness or airworthiness deficiencies have been resolved.
(3) In the event of the detection of a permanent airworthiness of a military aircraft or of a permanent operational incompetence of a military aircraft ground-based equipment, the Ministry shall decide to withdraw the airworthiness certificate or the operational certificate.
Operation of military aircraft
(1) It is prohibited to operate a military aircraft in the airspace of the Czech Republic,
(a) which has not been registered in the military aviation register or any other aviation register;
(b) which does not have a valid airworthiness certificate or other equivalent document; or
(c) whose technical and operational condition does not meet the requirements of flight safety.
(2) The operator of a military aircraft shall:
(a) maintain the airworthiness of a military aircraft in a technical and operational condition appropriate to flight safety requirements;
(b) ensure that a military aircraft operated by it is brought to the airworthiness review within the time limits set by the Decree.
(3) An operator of a military aircraft with the exception of the armed forces shall, throughout the operation of the military aircraft, be required to have insurance of liability for damage arising from the operation of the military aircraft and to pay insurance premiums.
(4) Military aircraft registered in the military aviation register may be operated only under the conditions laid down by the Ministry.
Assessment and verification of compliance of military aviation technology characteristics
(1) Assessment and verification of conformity of military aviation technology characteristics, airworthiness assessment and verification, operational competence assessment or release to service assessment means activities which detect, verify or demonstrate the characteristics of military aviation technology for the purpose of:
(a) type-approval of military aviation equipment,
(b) approval of airworthiness, operational competence or release to service;
(c) airworthiness or operational review.
(2) The assessment and verification of compliance with the characteristics of military aviation technology in the development, construction, manufacture, installation, installation and operation of the Ministry may be carried out by a legal or natural person who meets the requirements set out in Section 35n.
Technical examinations and tests
Technical inspections and tests of military aviation technology and designated technical equipment for military aviation technology shall be carried out at facilities designated by the Ministry.
Test flying
(1) A test flight may be conducted by an army or, with the agreement of the Ministry, by a legal or natural person who meets the requirements laid down in § 35n.
(2) The Ministry may issue a specific airworthiness certificate for:
(a) military aircraft prototype test and demonstration flights;
(b) a military aircraft for which an airworthiness certificate has not yet been issued;
(c) a military aircraft which does not meet the airworthiness requirements due to a change in the purpose of its use;
(d) a military aircraft which has ceased airworthiness.
(3) The Ministry may issue an export certificate of airworthiness for a military aircraft intended for export outside the Czech Republic.
(4) The Ministry, at the same time as issuing a special certificate of airworthiness or an export certificate of airworthiness, lays down restrictive conditions for the safe conduct of the flight.
(5) For aircraft not registered in a military aviation register or any other aviation register, the Ministry shall issue a provisional or temporary registration for the period of validity of the special certificate of airworthiness or for the period of validity of the export certificate of airworthiness.
Test operation
(1) The examination may be carried out by an army or, with the agreement of the Ministry, by a legal or natural person who meets the requirements laid down in § 35n.
(2) The Ministry may issue a specific certificate of operational competence for the purpose of test operations for:
(a) prototype of military aerial equipment;
(b) military ground equipment for which an operational certificate has not yet been issued;
(c) military ground-based equipment which does not fulfil the conditions of operational competence as a result of a change in the purpose of its use;
(d) military ground equipment which has ceased to be operational.
(3) The Ministry, at the same time as issuing a specific certificate of operational competence, lays down the conditions for safe operation.
Approval and certification of a legal or natural person
(1) The Ministry may:
(a) entrust the assessment and verification of airworthiness, operational competence or release to service, inspection, assessment and verification of the conformity of military aviation technology characteristics;
(b) certify the development, design, manufacture, testing, installation, maintenance, repair, modification or structural changes of military aviation technology;
(c) certify for teaching and training in military aviation technology.
(2) A legal or natural person may be entrusted or certified for the activities referred to in paragraph 1 where:
(a) meets the conditions laid down in specific legislation13);
(b) it has the necessary technical and construction equipment for its activities;
(c) ensure that those activities are carried out by competent natural persons;
(d) hold project or production technical documentation, except for activities consisting of the development and design of military aviation technology.
(3) A legal or natural person may be certified to teach and train in military aviation technology if he meets the requirements laid down in points (a) to (c) of paragraph 2 and has military aircraft equipment for teaching and training.
(4) The Ministry shall check whether the legal or natural person referred to in paragraph 1 meets and complies with the requirements under which the mandate or certificate has been issued to it.
(5) Where the Ministry finds, when checking, that a legal or natural person temporarily does not comply with the requirements under which the mandate or certificate was issued, it shall decide to suspend the mandate or certificate until the defects detected have been remedied.
(6) If the Ministry finds, when checking, that a legal or natural person has ceased to comply with the requirements under which the mandate or certificate has been issued, it shall decide to withdraw the mandate or certificate.
Aircraft accident and expert detection
(1) An aircraft accident is an event involving the flying of a military aircraft registered in a military aviation register or a military aircraft of the armed forces of another State authorised to fly in the airspace of the Czech Republic,
(a) to kill or harm the health of persons;
(b) failure or damage to a military aircraft which affects its airworthiness; or
(c) the destruction or disappearance of a military aircraft.
(2) The Ministry shall investigate the causes of military aircraft accidents.
(3) The Ministry is authorised to:
(a) free access to the site of the military aircraft accident, to the military aircraft and its contents and to the wreckage of the military aircraft, provided that there is no risk of life risk and rescue operations are carried out by components of the integrated rescue system;
(b) immediate detection and examination of evidence and control of the disposal of military aircraft debris for examination;
(c) the immediate access and use of flight recorder records and any other records and information relating to the operation of the military aircraft, the aerodrome and the authorities responsible for the services provided in accordance with the task performed by the military aircraft crew;
(d) immediate access to the results of the explanations of military personnel and tests carried out on samples taken from their tissues, witness explanations, as well as other persons involved in carrying out the task of the flight crew, in particular by controlling its training, establishing and preparing the task and preparing the military aircraft for flight.
Authorisation provisions
The Ministry shall determine by decree:
(a) pursuant to § 35a of the designated military aviation technology which is subject to an assessment and airworthiness certificate, operational competence or release into service and a model of consent to the use of military equipment in military aviation;
(b) in accordance with Article 35c (1), the particulars of the application for registration of an aircraft in the military aviation register, the documents to be attached to the application and the model certificate for registration of a military aircraft in the military aviation register;
(c) pursuant to Section 35d, the particulars of the request for the deletion of a military aircraft from the military aviation register and a model certificate for the deletion of a military aircraft from the military aviation register;
(d) in accordance with Article 35e, the particulars of the application for type-approval of military aviation equipment and the documents to be attached to the application, the method of assessment and verification of the conformity of the characteristics of military aviation equipment with the requirements laid down for the safety of military aviation equipment, the model type-certificate, the model type-certificate and the model certificate of recognition of the military type-certificate;
(e) according to § 35f, the scope of record keeping on the operation of military aviation technology and the scope of information provided on the operation of designated military aviation technology;
(f) according to § 35g of the essentials of the application for airworthiness, noise, release to service and operational competence, the application models and the documents to be attached to each application, the model certificate of airworthiness, the model certificate of noise, the model certificate of release to service, the model certificate of operational competence and the model certificate of recognition of military aviation competence,
(g) pursuant to § 35h of the time limit and scope of the airworthiness and operational review;
(h) pursuant to § 35i (2) (b) of the time limit for carrying out the airworthiness review of a military aircraft;
(i) in accordance with Section 35l, the model of the special airworthiness certificate and the model of the export airworthiness certificate;
(j) in accordance with § 35m, a model certificate of operational competence for the purpose of test operations;
(k) in accordance with Article 35n (1) (a), a model mandate for activities and with Article 35n (1) (b), a model certificate for activities;
(l) in accordance with Article 35n (1), the particulars of the application for a certificate for teaching and training for military aviation techniques and the documents to be attached to the application and the model of the certificate of competence for teaching and training for military aviation techniques.
13) For example, Act No. 49 / 1997 Coll., on Civil Aviation and on the amendment and amendment of Act No. 455 / 1991 Coll., on Commercial Business (Trade Trade Trade Act), as amended, Act No. 310 / 2006 Coll., on the Treatment of Certain Goods Usable for Defence and Security Purposes in the Czech Republic and on the Amendment of Certain Other Laws (Safety Material Management Act), as amended, as amended. "
11. In Part Six, Title II, Part 3, including the title and footnotes No 16 and 17, is deleted.
12. in Article 44 (2) and (3), "§ 35 (3)" is replaced by "§ 35b (3)";
13. In the heading of Part Ten, the words "AND ON THE MILITARY MATERIALS 'shall be inserted after the words" SIL V FOREIGN'.
14. In Paragraph 44a, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The Ministry may, when procuring military material of strategic importance, provide advances to suppliers for a period exceeding one quarter. Advances must be charged within the deadline set by the Ministry. ';
Transitional provisions
1. The entry of a military aircraft in the military aviation register made before the date of entry into force of this Act shall be deemed to have been made in accordance with Act No. 219 / 1999 Coll., as effective from the date of entry into force of this Act. The owner or operator of a military aircraft shall, within six months of the date of entry into force of this Act, communicate to the Ministry the details of the aircraft owner and the aircraft address, if any.
2. Consent with the use of military aviation technology, type-certificate, type-certificate, certificate of recognition of military type of aviation technology, certificate of airworthiness, certificate of airworthiness, certificate of release to service, certificate of airworthiness of military aviation technology, special certificate of airworthiness, certificate of airworthiness for testing purposes, mandate and certificate of competence of a legal or natural person (hereinafter referred to as "documents') issued before the date of entry into force of this Act shall be deemed to have been issued under Act No 219 / 1999 Coll., as effective from the date of entry into force of this Act; If such documents have been issued for a fixed period, they shall expire within a specified period.
3. The designation of military aircraft outside the armed forces shall be required by the owner or the operator of the military aircraft to indicate or modify the designation under this Act within 1 year of the date of entry into force of this Act.
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Regulation Information
| Citation | Act No. 147 / 2010 Coll., amending Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended, and Act No. 221 / 1999 Coll., as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.05.2010 |
|---|---|
| Effective from | 01.08.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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