Decree No. 244 / 2003 Coll.

Decree 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, as amended by Decree No. 101 / 1999 Coll.

Valid Order Effective from 01.09.2003
244
DECLARATION
of 16 July 2003
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 Trade Act), as amended, as amended by Decree No. 101 / 1999 Coll.
The Ministry of Transport provides pursuant to § 102 (1) for the implementation of § 49b (2), § 49e (2), § 49f (2) of Act No. 49 / 1997 Coll., on Civil Aviation and on the amendment and amendment of Act No. 455 / 1991 Coll., on Business Business (Trade Code Act), as amended, Act No. 146 / 2000 Coll. and Act No. 258 / 2002 Coll.:
Čl. I
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 Trade Act), as amended, as amended, as amended by Decree No. 101 / 1999 Coll., is hereby amended as follows:
The following Sections 16b to 16f are inserted after Section 16a, including the headings and footnotes No 11a:
„§ 16b
Forms of the application for approval to provide services in the ramp at the airport
The applicant shall submit a written request to the Ministry of Transport for approval to provide services at the airport in order to specify:
(a) a business firm or a name, if any, if it is a legal person, or a name and surname, or, where appropriate, a business firm, if it is a natural person, including any distinguishing supplement or further indication;
(b) the legal form of the legal person and its registered office, if it is a legal person, permanent residence and place of business, if it is a natural person,
(c) the identification number, if any, and the date of birth if it is a natural person;
(d) the name or, where appropriate, the name, surname, permanent residence, date of birth of the natural person or persons who are the statutory authority or its members; where its statutory body or its member is a legal person, including the name, surname and permanent residence of persons who are its statutory body or its member,
(e) the name of the airport at which it envisages the provision of groundhandling services, the type and extent of activities with regard to the applicant's technical means, types of aircraft;
(f) the design of the forecast operating time and the date of the proposed start of the provision of services in the ramp at the airport.
§ 16c
Details of the method of demonstrating financial collateral for the provision of groundhandling services at the airport
The financial arrangements for the provision of groundhandling services at the airport shall be demonstrated by the applicant for consent by the following means and by the documents:
(a) net commercial property, whether it is a natural person or equity, if it is a legal person, as well as a business plan for the first two years of service at the airport;
(b) a detailed budget for the annual financial year in which the costs and revenues must be shown separately from the other activities of the applicant according to the generic breakdown in the airport clearance process;
(c) the financial statements for the previous year and, where appropriate, the last financial statements verified by the auditor, including its annex, to the full extent, including the statement of cash flows.
§ 16d
Formats of the decision to grant consent to the provision of services in the airport clearance process
The Ministry of Transport shall indicate in the decision to grant consent to the provision of groundhandling services at the airport:
(a) the name of the airport where the groundhandling services will be provided at the airport;
(b) the company or name, registered office, identification number and legal form of the legal person, if any; the business name or surname, including any distinguishing supplement or other indication, permanent residence, date of birth, identification number (if assigned to it) and place of business, if any, if any;
(c) the date from which the groundhandling services will be provided at the airport;
(d) the duration of the consent;
(e) the identification of the type of groundhandling service to be provided by the holder;
(f) the scope of the services provided in the ramp process at the airport;
(g) aircraft types checked in.
§ 16e
Definition of safety reasons
The reason for ensuring safety shall be:
(a) a threat to the execution of obligations under international agreements, 11a); or
(b) the threat or emergence of a crisis situation affecting the security interests of the Czech Republic.
§ 16f
Definition of the reason for the operational congestion of the airport
The reason for the operational congestion of the airport is:
(a) the achievement of full use of the airport's projected capacity at both annual and hourly maximum by existing service providers in the groundhandling process at the airport for foreign purposes;
(b) full occupancy of premises intended for the construction of adequate facilities for another provider of groundhandling services at the airport (offices, rooms, etc.),
(c) the impossibility of further increasing the traffic intensity of vehicles on the ramp due to a disproportionate increase in the risk of accidents or an increase in the delay on arrival at the aircraft;
(d) full occupancy of the areas for the disposal of the machinery necessary for the handling of aircraft;
(e) the impossibility of splitting or doubling airport facilities and the provision of services related thereto, such as baggage sorting, defrosting, water cleaning, fuel handling and security controls, in relation to their complexity, financial cost or environmental impact.
11) Convention 147 / 1947 Coll., on International Civil Aviation, as amended - Annex 17. '
Čl. II
This Decree shall take effect on 1 September 2003.
Minister:
Ing. Šimonovský v. r.

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Regulation Information

CitationDecree No. 244 / 2003 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, as amended by Decree No. 101 / 1999 Coll.
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation04.08.2003
Effective from01.09.2003
Effective until-
Status Valid
The regulation text is for informational purposes only.
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