Decree No. 2 / 2018 Coll.
Decree amending Decree of the Ministry of Transport and Communications No. 108 / 1997 Coll., implementing Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended
Valid
Effective from 15.01.2018
2
DECLARATION
of 20 December 2017
amending Decree No. 108 / 1997 Coll., implementing Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended
The Ministry of Transport provides pursuant to Section 102 (1) of Act No. 49 / 1997 Coll., on Civil Aviation and on the amendment and amendment of Act No. 455 / 1991 Coll., on Commercial Business (Trade Code Act), as amended, as amended, Act No. 146 / 2000 Coll., Act No. 258 / 2002 Coll., Act No. 225 / 2006 Coll., Act No. 301 / 2009 Coll., Act No. 407 / 2010 Coll., Act No. 137 / 2011 Coll., Act No. 127 / 2014 Coll. and Act No. 261 / 2017 Coll.:
Decree No. 108 / 1997 Coll., implementing Act No. 49 / 1997 Coll., on Civil Aviation, and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Code Act), as amended, as amended, as amended, as amended, by Decree No. 101 / 1999 Coll., Decree No. 244 / 2003 Coll., Decree No. 359 / 2006 Coll., Decree No. 410 / 2006 Coll., Decree No. 64 / 2010 Coll., Decree No. 314 / 2010 Coll., Decree No. 4 / 2013 Coll., Decree No. 271 / 2014 Coll. and Decree No. 9 / 2015 Coll., shall be amended as follows:
1. footnote 17 shall read:
"17) Council Directive 96 / 67 / EC of 15 October 1996 on access to the groundhandling market at Community airports."
2. footnote 20 shall read:
"(20) Regulation (EC) No 1108 / 2009 of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) No 216 / 2008 in the field of airports, air traffic management and air navigation services and repealing Directive 2006 / 23 / EC. 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, as amended. Regulation (EU) No 598 / 2014 of the European Parliament and of the Council of 16 April 2014 on rules and procedures for introducing noise reduction operating restrictions at Union airports in the framework of a balanced approach repealing Directive 2002 / 30 / EC. Commission Regulation (EU) No 965 / 2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216 / 2008 of the European Parliament and of the Council, as amended. ';
3. in Article 1 (1) (e):
"(e) the data contained in and supplementing the noise report;"
4. in Article 1 (1) (i):
"(i) the model of the certificate of a competent natural person through which the identification of causes of non-death and incidents is ensured;"
5. In Article 13, the dot is replaced by a comma at the end of paragraph 1 and the following point (h) is added, including footnote 21:
'( h) for the purpose of carrying out rescue and liquidation work in emergency situations (21).
21) Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended. '
6. In Paragraph 13, the words "or the fight against other emergencies (21) and the resolution of crisis situations (22) 'are added at the end of paragraph 5.
"22) Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act), as amended."
7. In Paragraph 14 (1), the words "or the fight against other emergencies (21) and the resolution of crisis situations (22) 'are added at the end of the text (h).
8. In Paragraph 14, the words "or the fight against other emergencies (21) and the resolution of crisis situations (22) 'are added at the end of paragraph 7.
9.
Data contained in the airport noise report and its completion
(K § 42a (3) of the Act)
The data contained in the report on the noise situation at the airport and its addition are set out in Annex 2 to this Decree. '
10. The text "(K 44 (7) of the Act) 'is added under the title of Section 15.
11. in Article 15 (2), the words "the Office may prohibit" shall be replaced by the words "the Office may restrict or prohibit."
12. In Article 15, at the end of paragraph 4, the dot is replaced by a comma and the following point (h) is added:
"(h) aircraft capable of flying without a pilot."
13. Paragraph 16 (6) is deleted.
Paragraph 7 shall become paragraph 6.
14. The text "(K 44 (7) of the Act) 'is added under the title of § 16.
15. In Article 16 (6), the words "In the event that the temporarily reserved part of the airspace of the Czech Republic interferes with the existing restrictions in the airspace, i.e. limited space (R), temporary reserved space (TSA), temporarily reserved area (TRA), controlled areas and terminal controlled areas of civil and military airports or permanent routes of air traffic services published in the Aviation Information Manual, or makes it impossible to carry out the arrival or departure of a motor aircraft or motor sport equipment on an airport or from an airport or from an area or from an area registered under Section 84d (1) of the Aviation Information Manual and the International Civil Aviation Map in the scale 1: 500 000, the requirement of priority is replaced by the words" Zasahuj-li the area of the temporary reserved airspace of the Czech Republic by an existing distribution of that area, carried out by a general measure of the general nature issued under Paragraph 44 of the aircraft or departure of a motor aircraft or motor aircraft.
16. In Paragraph 16 (6), the words "for direct routing of lines in Class C airspace in accordance with the directly applicable European Union provisions governing common rules for flying 23) and for the elements of the structure of the concept of flexible airspace management, which are temporarily reserved spaces, temporarily reserved spaces and conditioning lines, except those to which priority 1 or 5 applies, shall be added at the end of the text of point (b). ';
Footnote 23 reads:
"23) Commission Implementing Regulation (EU) No 923 / 2012 of 26 September 2012 establishing common rules on flying and operational rules on air navigation services and procedures and amending Implementing Regulations (EC) No 1035 / 2011 and (EC) No 1265 / 2007, (EC) No 1794 / 2006, (EC) No 730 / 2006, (EC) No 1033 / 2006 and (EU) No 255 / 2010, as amended. ';
17. in Article 16g (7), "paragraph 4" is replaced by "paragraph 5," "paragraph 5" is replaced by "paragraph 6" and "paragraph 3" is replaced by "paragraph 4."
18. in Article 16h (4) (a), "paragraph 3" is replaced by "paragraph 4."
19. in Article 16h (5) (a), "paragraph 4" is replaced by "paragraph 5."
20. in Article 16h (5) (b), "paragraph 5" is replaced by "paragraph 6."
21. in Article 16h (6) (a), the text "paragraph 4" is replaced by "paragraph 5" and the text "paragraph 5" is replaced by "paragraph 6."
22. in Article 16h (6) (b), "paragraph 7" is replaced by "paragraph 8."
23. in Article 16h (7), "paragraph 3" is replaced by "paragraph 4" and "paragraph 5" is replaced by "paragraph 6."
24. Article 16i shall be deleted, including the title.
25. Paragraph 16l, including the title, reads:
Model of the certificate of a competent natural person through which the identification of causes of non-death accidents and incidents is ensured
(K § 55c (5) of the Act)
The model of the certificate shall be as set out in Annex 16 to this Regulation. ';
26. In Article 20 (1), the words "specific operations under a directly applicable European Union regulation governing technical requirements and administrative procedures relating to air operations (24) shall be inserted after the words" air operations ";
Footnote 24 reads:
"(24) Commission Regulation (EU) No 965 / 2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216 / 2008 of the European Parliament and of the Council, as amended. ';
27. in Article 20 (1), the words "or the fight against other emergencies 21) and the resolution of crisis situations 22)" shall be added at the end of the text in point (b).
28. in Paragraph 24 (5) (c), the words "at least 250 kg for a maximum take-off mass not exceeding 600 kg" shall be replaced by "for a maximum take-off mass not exceeding 600 kg for a single or 250 kg for a two-seater aeroplane."
29. In Annex No 1, Part A, points 3.3 to 3.8 are replaced by the following points 3.3 to 3.6:
"3.3. Ground electronic security equipment
3.3.1 Airspace management equipment.
3.3.2 Air traffic flow management equipment.
3.3.3 Equipment for air traffic services, in particular flight data processing equipment, planning and surveillance data, time synchronisation including human / machine interface.
3.3.4. Ground-ground-air-ground communication equipment, including data transfer equipment between air ground facilities, excluding passive elements of the transmission environment and outside the facilities of commercial telecommunications and transmission service providers.
3.3.5 Navigation equipment.
3.3.6 Overview devices.
3.3.7 Flight information services equipment.
3.3.8 Equipment for the use of meteorological information.
3.3.9 Power sources for back-up power supply of aircraft ground equipment.
3.3.10 Recording, evaluation, monitoring and control equipment.
3.3.11 Ground movement control and control equipment.
3.4 Energy sources for aircraft (electric, hydraulic and pneumatic).
3.5 Flight trainers and simulators.
3.6 Equipment for measuring and evaluating the braking effects on airport motion areas. ';
30. The following Annex 2 is inserted after Annex 1, including the title and footnotes No 25 and No 26:
"Annex No 2 to Decree No 108 / 1997 Coll.
Data contained in the airport noise report and its completion
Data contained in the airport noise report:
1. Basic information on the airport, including its size, location, surroundings and objectives on the environment.
2. Operational data on the airport, including data on
a.
a.
b.
3. Description of the measures implemented and planned to reduce noise from aircraft and their impact and share in the noise situation, broken down by
a. Noise reduction at source (description includes data on aircraft using aerodromes, their expected technological improvements or restoration);
b. Measures related to the territorial planning and use of aerodrome areas to reduce noise at the aerodrome and the activities undertaken or planned which could lead to increased noise at the airport;
c. Operating measures leading to noise reduction non-limiting airport capacity (description includes the use of preferred runway and runway);
b.
c.
4. Information on the noise situation at the airport, including its development, over an assessment period involving:
a. Details of noise contours over the evaluation period, expressed in terms of aid
i. Noise indicators defined and calculated in accordance with the Noise Map Regulation (25);
ii. noise indicators defined and calculated in accordance with the Government Regulation on Health Protection against the adverse effects of noise and vibrations (26).
5. Material summary - comparison and evaluation.
Data contained in the addition to the report on the airport noise situation:
1. Estimate of the number of persons affected by noise from aircraft over the previous 2 calendar years, carried out in accordance with the Noise Survey Order 25).
2. Forecast of developments without introducing new measures involving:
a. a description of the planned development of the airport, including the expected increase in aircraft movements and passenger numbers, and a description of the impact of the planned development of the airport on the noise situation at the airport;
a.
c. A description of the impact on the noise situation without further measures and a description of those measures already planned to reduce the noise impact during the same period;
d. Forecast of noise patterns, including an estimate of the number of persons likely to be affected by aircraft noise;
e. Assessment of the consequences and potential costs of failure to take noise reduction measures if an increase is expected.
(3) Assessment of additional measures involving:
a. an outline of possible additional measures and an indication of the main reasons for their selection, including:
i. a description of the measures chosen for further analysis and information on the outcome of the cost-effectiveness analysis, in particular the cost-effectiveness analysis,
i. the estimated number of persons benefiting from these measures;
the timetable for these measures;
a summary of the individual measures in terms of their overall effectiveness;
b. an overview of the environmental and competition impact that the proposed measures may have on other airports, operators and other interested parties;
b.
a.
25) Decree No. 523 / 2006 Coll., on noise mapping.
26) Decree No. 272 / 2011 Coll., on the protection of health against adverse effects of noise and vibration, as amended by Decree No. 217 / 2016 Coll. '.
31. Annex 3 (C) and (D) (2) read:
"2. equipment to ensure compliance with the security conditions for international airports laid down by the State Borders Protection Act, ';
footnote 14 is deleted.
32. Annex No 7 is deleted.
33. In Annex No 15, the text "§ 16g (3) 'is replaced by" § 16g (4)', the text "§ 16g (4) (a) and (b) 'is replaced by" § 16g (5) (a) and (b)' and the text "§ 16g (7) 'is replaced by" § 16g (8)'.
34. Annex No 16, including the title, reads:
"Annex No 16 to Decree No. 108 / 1997 Coll.
Model of the certificate of a competent natural person through which the identification of causes of non-death accidents and incidents is ensured
The certificate of a competent natural person, through which the identification of causes of accidents which have not killed persons and incidents is ensured, is made from a paper card of dimensions 99 x 68 mm sealed in a transparent laminating film of 105 x 74 mm.
Face page
Reverse side
"
This Decree shall take effect on 15 January 2018, with the exception of Article I (16), which shall take effect on 1 September 2018.
Minister:
Ing.
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Regulation Information
| Citation | Decree No. 2 / 2018 Coll., amending Decree No. 108 / 1997 Coll., implementing Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.01.2018 |
|---|---|
| Effective from | 15.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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