Act No. 225 / 2006 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 certain other laws

Valid Effective from 01.07.2006
225
THE LAW
of 25 April 2006
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 certain other 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 Business Business (Trade Act), as amended by Act No. 189 / 1999 Coll., Act No. 146 / 2000 Coll., Act No. 258 / 2002 Coll. and Act No. 309 / 2002 Coll., is amended as follows:
1. Paragraph 1, including footnotes 1 and 1a, reads as follows:
„§ 1
Subject matter
(1) This Act implements the relevant provisions of the European Community1) and, following the directly applicable regulations of the European Community1a) regulates civil aviation matters
(a) the conditions for the construction and operation of the aircraft;
(b) conditions for the establishment, operation and certification of airports;
(c) conditions for air construction;
(d) conditions for the operation of air personnel;
(e) conditions of use of airspace;
(f) the conditions for the provision of air services;
(g) operating conditions;
(h) the scope and conditions of aviation security;
(i) conditions for the use of sports flying equipment;
(j) the scope and conditions of the administration.
(2) This Act applies to military aviation in the field of air personnel, military airports and aircraft construction, airspace use, air services and the operation of air activities to the extent specified.
1) Council Directive of 16 December 1991 on mutual recognition of licences for the exercise of functions in civil aviation (91 / 670 / EEC). Council Directive 94 / 56 / EC of 21 November 1995 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.
(1a) Council Regulation (EEC) No 2407 / 1992 of 23 July 1992 on licensing of air carriers. Council Regulation (EEC) No 2408 / 1992 of 23 July 1992 on access for Community air carriers to intra-Community air routes. Council Regulation (EEC) No 2409 / 1992 of 23 July 1992 on tariffs and rates for air services. 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 1592 / 2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, as amended. Regulation (EC) No 2320 / 2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security, 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 a flight 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). 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). 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). 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). 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. 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. ';
2.
„§ 2
Basic concepts
(1) Civil aviation means air activities operated in the Czech Republic by civil aircraft of any nationality for civil purposes, as well as air activities operated by aircraft of nationality of the Czech Republic abroad for civil purposes and the operation of civil airports and the provision of air services in the Czech Republic.
(2) An aircraft means a device capable of producing forces carrying it in the atmosphere from air reactions which are not reactions to the earth's surface. For the purposes of this Act, an aircraft model whose maximum take-off mass does not exceed 20 kg shall not be considered an aircraft.
(3) The product of aviation technology (hereinafter referred to as the product) within the meaning of this Act is an aircraft, engine or propeller.
(4) Aircraft parts and appliances are any apparatus, equipment, mechanism, apparatus, accessories or aggregate, including communication equipment, which is used or intended for use in the operation or control of an aircraft in flight and which is incorporated in or attached to the aircraft. Includes parts of a dragon, engine or propeller.
(5) Air ground equipment means a technical device located on the ground and used to ensure air traffic.
(6) The air space of the Czech Republic is the space above the territory of the Czech Republic up to a height which can be used for air traffic.
(7) The aerodrome shall be a land-designated and appropriately adapted area including a set of aerodrome structures and facilities, permanently intended for take-off and landing of aircraft and aircraft movements related thereto. ';
3. In Article 3 (1), "Ministry of Transport and Communications' is replaced by" Ministry of Transport ';
4. Paragraph 3 (2) reads as follows:
"(2) The Office shall be headed by the Director-General whose appointment and appeal shall be governed by the Staff Act. In the performance of his duties, he shall be empowered to conclude agreements between the civil aviation authorities for activities related to the transfer of responsibility from the State of registry to a State where the aircraft is operated for a longer period of time, in particular for the competence, crew and maintenance of the aircraft under Article 83bis of the Convention on International Civil Aviation, provided that such an agreement must be known to all other Contracting States which have ratified it. ';
5. In Article 3, paragraphs 3 to 7 are added, including footnotes 1c, 1d, 1e, 1f and 1g:
"(3) The Authority shall cooperate with the European Aviation Safety Agency (hereinafter referred to as" the Agency ") on the basis of a directly applicable Regulation of the European Communities (1c). The scope and conditions of cooperation shall be further covered by the contract concluded between the Office and the Agency.
(4) Where the Office carries out activities for the Agency, it shall set up a separate account for the proceeds of such activities and separate accounts for costs and revenues. The Office shall be authorised to use the funds of the account only to increase the qualifications of its staff, the purchase of technical equipment and the financing of other needs necessary for the performance of the Agency's activities. Unspent account funds in a calendar year shall constitute the revenue of the State budget. The account management statement for the relevant calendar year shall be published by the Office in a manner enabling remote access (1d) within 6 months of the end of the relevant calendar year.
(5) The Authority shall carry out the tasks of the national supervisory authority in accordance with the directly applicable Regulation of the European Communities (1e).
(6) The Authority may, by its decision, delegate tasks in the area of assessment of the conformity or suitability for use of constituents and verification of the European Air Traffic Management Network systems to a legal person who fulfils the conditions laid down in the directly applicable European Communities1f). The Authority shall withdraw the mandate under the conditions laid down directly by the applicable European Community1f.
(7) The Authority shall supervise the performance of the air carrier's duties relating to compensation and assistance to passengers in the event of denied boarding, cancellation or major delay of a flight under the directly applicable European Community1g) and shall deal with complaints concerning infringements of these obligations.
(1c) Regulation (EC) No 1592 / 2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency.
1d) Act No. 106 / 1999 Coll., on Free Access to Information, as amended.
(1e) 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).
1f) 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).
(1g) Regulation (EC) No 261 / 2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules for compensation and assistance to passengers in the event of denied boarding, cancellation or long delay of a flight and repealing Regulation (EEC) No 295 / 91. "
6. The heading of Part Two shall read: "AIRCRAFT REGISTER, ELIGIBILITY OF PRODUCTS, AIRCRAFT PARTS AND INSTALLATIONS FOR USE IN CIVIL AIRCRAFT."
7. In Part Two, the following shall be inserted above the words "Section 4 ':

„HLAVA I

AIR REGISTER '.
8. In Article 4 (1), the words "except for sports flying equipment 'shall be inserted after the words" aircraft registration'.
9. In Article 4 (2) (c), the word "register 'is replaced by" registration'.
10. in Article 4 (2) (d), the words "provided for by implementing legislation" shall be added after the words "technical data."
11. in Paragraph 4 (2) (e), the words "parts of an aircraft and spare parts for an aircraft and parts thereof" shall be replaced by the words "aircraft engines and propellers, spare parts for an aircraft, parts and equipment thereof."
12. in Article 4 (2), the following point (f) is inserted after point (e):
"(f) the aircraft address, if any, '.
Point (f) shall be renumbered as point (g).
13. in Article 4 (3), the words "for which the Authority has been issued or recognised as a valid airworthiness certificate and" shall be deleted;
14. In Article 4, the following paragraph 4 is inserted after paragraph 3:
"(4) The Authority may, upon request, assign a registration number provisionally before the aircraft is registered. The decision on the provisional assignment of the registration number shall cease to be valid six months after the acquisition of legal authority. The application shall be accompanied by an implementing act. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
15. in Article 4 (6), the word "register" shall be replaced by "registration."
16. in Article 5 (1), the words "owner" shall be inserted after the words "register";
17. in Paragraph 5 (2):
"(2) The details of the application for registration of an aircraft and the documents to be attached to the application shall be laid down in the implementing legislation. ';
18. Paragraph 5 (3) is deleted.
19. in Paragraph 5a (2):
"(2) The details of the application for entry of a lien in the aviation register and the documents to be attached to the application shall be laid down in the implementing legislation. '.
20. Paragraph 5a (3) is deleted.
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
21. In Paragraph 6 (1), the words "and document" shall be inserted after the words "declare without delay."
22. in Paragraph 6b (1):
"(1) The creation of pledge rights for aircraft engines and propellers, spare parts for aircraft, parts and appliances and the entry of such rights in the aviation register and their deletion from the aviation register shall be subject to the provisions of Sections 5a and 6a mutatis mutandis. ';
23. in Article 6b (2), the words "aircraft engines and propellers," and "parts thereof" shall be inserted after the words "aircraft engines and propellers," and the words "aircraft parts and appliances," and the words "commercial names" shall be replaced by the words "names, firms or names."
24. In Part Two, the following text is inserted above Section 7:

„HLAVA II

PRODUCTION TYPE-APPROVAL, AIRCRAFT AIRCRAFT AIRCRAFT AND AIRCRAFT AIRCRAFT, AND EQUIPMENT AND AIRCRAFT AIRCRAFT '.
25. In Section 7, the words "aircraft or parts thereof 'are replaced by the words" product'.
26. in Paragraph 7 (1), "aircraft or parts thereof" is replaced by "product."
27. in § 7 (2) to (5), (7) and (8), the words "aircraft or parts thereof" are replaced by the words "product."
28. in Article 7 (2) (a), the words "the Convention, which the Czech Republic is bound by" shall be replaced by "the Treaty which is part of the legal order" and the words "the type of aircraft or its components shall be approved" shall be replaced by the words "the type of product shall be approved."
29. Paragraph 7 (6) reads:
"(6) The manufacturer shall produce products according to the type approved or recognised by the Office and demonstrate compliance of the product with the approved or recognised type. ';
30. in Paragraph 7 (7), the words "aircraft produced or parts thereof" are replaced by the words "product manufactured";
31. in Article 8 (2), at the end of the sentence, the second word "at the Office" shall be deleted.
32. In Section 9, the words "aircraft and parts thereof 'are replaced by the words" product'.
33.In Section 9, the words "aircraft and parts thereof" are replaced by "product."
34. In Article 11, the words "which the Czech Republic is bound by 'are replaced by the words" which forms part of the legal order or by the directly applicable regulation of the European Communities (1c)'.
35. the following Section 12a is inserted after Section 12, including footnote 1h:
„§ 12a
(1) The Authority collects and processes all relevant data for flight safety on the technical and operational status of aircraft (hereinafter referred to as "technical status of aircraft") landing on the territory of the Czech Republic and registered in the aviation register of a State which is not a Member State of the European Union.
(2) The data referred to in paragraph 1 shall in particular mean:
(a) records of aircraft operations;
(b) pilot reports;
(c) obtained by a legal or natural person authorised to maintain and repair the products, parts and appliances referred to in Article 17;
(d) obtained in determining the causes of accidents and incidents;
(e) obtained from natural and legal persons or from administrative bodies;
(f) a flight ban imposed after an aircraft inspection on the aerodrome ramp pursuant to § 91a (5);
(g) the measures taken by the aircraft operator or accepted by the aircraft operator to eliminate defects in the technical condition of the aircraft identified during the ramp inspection of the aircraft in accordance with § 91a (5);
(h) the redetection of defects in the technical condition of the aircraft;
(i) the exchange of information with the competent authority of the State in whose territory the aircraft operator has its registered office or place of business.
(3) Paragraph 1 shall not apply to State aircraft under an international agreement which is part of the legal order of 1h) and to aircraft which do not serve commercial air transport and whose maximum take-off mass is less than 5 700 kg.
(4) Any person who has the information referred to in paragraph 1 shall, upon request, transmit it to the Office. The Office shall set a reasonable time limit for the transmission of the data.
(5) On the basis of the data referred to in paragraph 1, the Office shall, without undue delay, draw up a report which it shall immediately transmit to the European Commission and, at the request of the competent authorities of the Member States of the European Union and the Agency. If this data leads to a suspected threat to flight safety, the Authority shall transmit the report without delay to all the competent authorities of the Member States of the European Union and to the European Commission.
(6) The staff of the Office are required to maintain confidentiality regarding the technical condition of aircraft provided by the competent authorities of the Member States of the European Union. The obligation to maintain confidentiality shall not apply to the provision of information between administrations in the security of flight.
(7) The model of the report referred to in paragraph 5 shall be laid down in an implementing act.
1h) Convention No 147 / 1947 Coll. on International Civil Aviation, as amended. '
footnote 1h shall be renumbered footnote 1i.
36. in Article 13 (1) and (2), the words "aircraft and parts thereof" are replaced by the words "product."
37. in Paragraph 13 (2) (a), the words "aircraft or component type-approval" are replaced by the words "product."
38. In Article 13, the following paragraph 3 is added:
"(3) The assessment and verification of the conformity of the performance of the air ground installation in the development, construction, production, installation and operation of the Office may be carried out by a legal or natural person entrusted with this activity by the Office."
39. in Paragraph 14 (1):
"(1) The Office may delegate to a legal or natural person:
(a) be technically and constructively equipped to assess and verify the conformity of the characteristics or to assess and verify the airworthiness of the products or to check the airworthiness of the products, or to assess and verify the conformity of the characteristics of the air ground equipment in the development, construction, manufacture, installation and operation;
(b) ensure that the activities referred to in point (a) are carried out by natural persons who are competent to exercise the obligation of confidentiality and commercial secrecy. ";
40. The heading of Section 16 reads: "Aircraft parts and equipment and air ground equipment."
41. in Paragraph 16 (1), the words "aeronautical equipment products" shall be replaced by the words "aircraft parts and equipment and ground equipment."
42. In the second sentence of Article 16 (1), the words "aeronautical equipment products' are replaced by the words" parts and appliances and ground equipment '.
43. In Paragraph 16 (2), the words "aeronautical equipment products" are replaced by the words "parts and appliances and aeronautical ground equipment."
44.
„§ 17
(1) The development, design, manufacture, testing, installation, maintenance, repair, modification and design change of products, parts and appliances and aeronautical ground equipment designated by the implementing legislation may be carried out by a legal or natural person authorised to do so by the Office or the Agency or by another Member State under the directly applicable European Commonwealth Regulation (1) (i) or recognised under a specific legislative act (1h).
(2) The Authority shall grant the authorisation referred to in paragraph 1 to a legal or natural person who fulfils the following requirements:
(a) has technical equipment for the development, design, manufacture, installation, repair, testing or maintenance of products, parts and appliances and aeronautical ground equipment;
(b) ensure that the development, design, manufacture, installation, repair, testing or maintenance of products, parts and appliances and aeronautical ground equipment are carried out by competent natural persons.
(3) The requirements of the application for authorisation for the development, design, manufacture, installation, repair, testing or maintenance of products, parts and appliances and aeronautical ground equipment, the conditions for the authorisation and expertise of natural persons carrying out the development, design, manufacture, repair, testing or maintenance of products, parts and appliances and ground flying equipment are laid down in implementing legislation.
1i) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications), as amended. '.
45. The following Sections 17a to 17d are inserted after Section 17:

„HLAVA III

MANAGEMENT OF AIRCRAFT ADRES
§ 17a
(1) The aircraft address is an electronic identification code intended for the international identification of aircraft, sports flying equipment (§ 81) and other equipment provided for in the implementing legislation ("coded equipment") for civil and military aviation purposes.
(2) The Ministry of Transport manages the aircraft addresses allocated to the Czech Republic by an international organisation under an international agreement, which is part of the legal order 1h). The management of aircraft addresses means the drawing up of a plan for the distribution of aircraft addresses (hereinafter referred to as "the plan ') and checking the efficient use of such distributed addresses. Parts of the plan concerning aircraft and coded equipment used for military purposes are compiled by the Ministry of Transport in cooperation with the Ministry of Defence.
(3) In the plan, the Ministry of Transport will determine the number of aircraft addresses for the needs of civil aircraft, military aircraft, customs aircraft, sport flying equipment and coded equipment.
§ 17b
(1) The Authority shall decide on the allocation of aircraft addresses upon request.
(a) the operator of the aircraft, with the agreement of the owner of the aircraft, unless it is simultaneously the owner of the aircraft;
(b) a user of a sports flying device with the consent of the owner of the equipment, unless he is simultaneously the owner of the equipment; or
(c) the operator of the coded device.
(2) The decision on the allocation of an aircraft address shall be subject to the availability of the aircraft addresses as planned, the assignment of a registration plate or the registration of a sports flying device in the register of sports flying equipment in accordance with § 84b or proof of the effectiveness of the allocation of an aircraft address for the coded equipment.
(3) Only one aircraft address may be assigned, for one aircraft only, sports flying equipment or coded equipment.
(4) For military aviation purposes, the Ministry of Defence shall assign and remove aircraft addresses as planned. The Ministry of Defence shall immediately notify the assignment or withdrawal of the aircraft address in accordance with the sentence of the first Office. Paragraphs 17b and 17c apply mutatis mutandis to the allocation and removal of the aircraft address by the Ministry of Defence.
(5) The details of the application for an aircraft address and the list of documents to be supported by the application are laid down in the implementing legislation.
§ 17c
(1) The operator of the aircraft, the user of the sport flying equipment and the operator of the coded equipment are required to use the aircraft address in accordance with the decision on its allocation. The Authority shall control the use of the aircraft addresses assigned to it.
(2) The operator of the aircraft, the user of the sport flying equipment and the operator of the coded equipment are required to notify the Authority in writing without delay of any change in the facts on the basis of which the aircraft address was assigned.
(3) The Authority will withdraw the aircraft address
(a) when the aircraft is removed from the register;
(b) in the case of the deletion of a sports flying gear from the register in accordance with § 84b; or
(c) unless the effectiveness of the allocation of the aircraft address for the coded equipment is already given.
§ 17d
(1) The Authority shall keep a list of all aircraft addresses allocated as planned. This list shall be kept by the Office in writing and in electronic form.
(2) The Authority will make available the data from the list of assigned aircraft addresses to the Ministry of Transport, the person entrusted with the provision of air traffic services (§ 46) and the person authorised under § 82 (1) by the management of the records of sports flying equipment.
(3) The Authority will provide data from the list of assigned aircraft addresses to the person showing legal interest.
(4) The details and manner of keeping the list of assigned aircraft addresses are laid down in the implementing legislation.
46. The following Section 19a is inserted after Section 19, including the title and footnote 1j:
„§ 19a
Recognition of an Air Personnel Licence issued by another Member State of the European Union
(1) The Authority shall recognise a pilot licence, an air navigator and an on-board engineer issued by another Member State of the European Union, including related authorisations, under conditions equivalent to those laid down by this Law at the request of its holder. The equivalence condition shall not be examined where an applicant for a pilot licence fulfils the conditions laid down in European Community legislation (1j).
(2) The Authority shall decide on the recognition of the pilot licence, the air navigator and the on-board engineer without undue delay, but no later than 3 months after receipt of the application.
(3) The Authority may, within 3 weeks of receipt of a request for recognition of a pilot licence, an air navigator and an on-board engineer, request an opinion from the European Commission on the equivalence of the conditions under which a recognised licence is issued with those laid down by this law. If the Authority has requested this opinion from the European Commission, it shall decide on the recognition of the licence within 30 days of its receipt. Pending the receipt of the opinion of the European Commission under the first sentence, the procedure for the recognition of their licence shall be suspended.
(4) If the conditions under which a recognised pilot licence, an air navigator and an on-board engineer has been issued are not equivalent to those laid down in this Act, the Authority shall, to the extent necessary, require additional proficiency checks, medical examinations or proof of integrity. The additional verification of professional competence shall allow the applicant to be carried out without undue delay.
(5) On the procedure referred to in paragraph 4 The Authority shall immediately inform the State which issued the recognised pilot licence, the air navigator and the on-board engineer and the European Commission.
(6) According to the results of the additional verification of competence, demonstration of integrity or medical examination, the Authority shall recognise the pilot licence, the air navigator and the cabin engineer, otherwise it shall reject the application.
(7) The list of documents by which the application for recognition of a pilot licence, an air navigator and an on-board engineer must be supported shall be laid down in an implementing act.
(8) The holder of a pilot licence, not in return for payment for the activities of air personnel ("private pilot '), to which the licence has been issued by another Member State of the European Union, may conduct flights by aircraft registered in a Member State of the European Union; paragraphs 1 to 7 shall not apply in such a case. The performance of the activities of a private pilot shall be limited to carrying out flights under the relevant class and type rating under the visual flight rules by day and on an aircraft approved to operate with a single pilot.
1j) Articles 4 and 5 in conjunction with the Annex to the Council Directive of 16 December 1991 on the reciprocal recognition of licences for the exercise of functions in civil aviation (91 / 670 / EEC). "
47. Paragraph 22 (2), including footnote 1, reads as follows:
"(2) The medical fitness is ascertained and the medical assessment1k) issued on the basis of a medical examination and other examinations provided for in the implementing legislation or justified health status of the assessor of the medical institution concerned.
1k) § 77 (1) of Act No. 20 / 1966 Coll., on the care of the health of the people, as amended by Act No. 285 / 2002 Coll. '
48. In Paragraph 22, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) For the purposes of this Act, a medical assessor shall mean a doctor authorised by the Office or a medical practitioner authorised or designated by the Office, unless that law, or any subsequent implementing legislation or directly applicable European Communities, provides that any practitioner is entitled to assess medical fitness. The costs associated with the medical assessment and the issue of the medical assessment referred to in paragraph 2 shall be borne by the employer to the extent that they are not covered by public health insurance.

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Regulation Information

CitationAct No. 225 / 2006 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 certain other laws
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation26.05.2006
Effective from01.07.2006
Effective until-
Status Valid
The regulation text is for informational purposes only.
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