Act No. 258 / 2002 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
Valid
Law
Effective from 28.06.2002
Text versions:
01.01.2003
28.06.2002
258
THE LAW
of 24 May 2002
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
Parliament has decided on this law of the Czech Republic:
Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Commercial Business (Trade Trade Act), as amended, as amended, Act No. 189 / 1999 Coll. and Act No. 146 / 2000 Coll., is amended as follows:
1. In Article 49 (1), the words "and the service in the airport clearance process' are deleted.
2. after Paragraph 49, the following Sections 49a to 49n are inserted:
Public airport check-in services
(1) The groundhandling services (hereinafter referred to as "groundhandling services") may be provided by a legal person, a natural person, including an air carrier and an airport operator, for foreign purposes; only an air carrier may provide these services for its own use.
(2) The services may be provided on the basis of the consent granted by the Ministry of Transport and Communications.
Conditions for consent
(1) The Ministry of Transport and Communications will give consent to the provision of groundhandling services upon written request if the applicant demonstrates that:
(a) has its registered office or residence in the Czech Republic or in a Member State of the European Union, unless the air carrier is an applicant; applicants from a Member State of the European Union may be authorised on the date of entry into the European Union on the basis of reciprocity,
(b) the natural person and his / her responsible representative, if appointed, have reached the age of 21, are fully capable of legal action, of integrity and of competence, if the applicant is a natural person;
(c) the statutory body or a member of the statutory body has reached the age of 18, are fully competent for legal action, is fair and at least one member of the statutory body is competent if the applicant is a legal person;
(d) has a technical facility for the provision of groundhandling services;
(e) the insurance of liability for damage caused by the provision of groundhandling services and insurance premiums are agreed;
(f) has financial collateral for the provision of groundhandling services.
(2) The details of the written request for consent, the details of the method of proving the financial security of the groundhandling services and the particulars of the decision granting consent shall be laid down in the implementing legislation.
integrity
A person who has been legally convicted of an offence the nature of which relates to the provision of groundhandling services, or who has been lawfully convicted for another offence committed intentionally, shall not be regarded as being guilty of a criminal offence if, in view of the nature of the provision of groundhandling services and of the person seeking consent to the provision of groundhandling services, he / she is concerned that he / she will commit the same or similar act in the provision of groundhandling services if he / she is not regarded as having been convicted.
Professional competence
The applicant shall demonstrate professional competence by evidence of completed higher education of economic, transport, technical or legal orientation and by evidence of performance of three years' experience in the management of civil aviation activities or by evidence of termination of full secondary vocational education of economic, transport, technical or legal orientation and by evidence of performance of five years' experience in the management of civil aviation activities.
Measures to regulate groundhandling services to ensure safety
(1) The Ministry of Transport and Communications may, in order to ensure the safety of civil aviation and the safety of the operation of a public airport, issue for the provision of baggage, cargo and mail handling services, technical and operational clearance of the aircraft on the ramp and handling of aviation fuel and oil, measures to regulate the handling services. The Ministry of Transport and Communications for Public Airport can be a measure to regulate the handling services,
(a) on which at least three million passengers or 75,000 tonnes of cargo are checked out in a calendar year, limit the number of air carriers for hire or reward, to at least two providers, one of which may be an airport operator;
(b) on which at least one million passengers or 25 000 tonnes of cargo are checked in a calendar year, reserve the provision of groundhandling services for own needs to a limited number of air carriers but at least two air carriers.
(2) The definition of the reason for ensuring safety is laid down in implementing legislation.
Airport traffic control measures
(1) The Ministry of Transport and Communications may, in the event of an operational congestion of a public airport resulting in a limitation of the usable space for the provision of groundhandling services, issue measures to regulate the handling services. The Ministry of Transport and Communications for Public Airports can be a measure to regulate groundhandling services due to operational congestion,
(a) on which at least three million passengers or 75,000 tonnes of cargo are checked in a calendar year;
1. limit the number of providers of groundhandling services, consisting of passenger handling and the supply of the aircraft's on-board buffet with food and drink;
2. to reserve the provision of groundhandling services for foreign purposes, consisting of the handling of baggage, cargo and mail, the technical and operational handling of the aircraft on the ramp and handling of air fuel and oil to a single operator of the ramp services;
(b) on which at least one million passengers or 25 000 tonnes of cargo are checked in a calendar year;
1. to reserve the provision of groundhandling services for own needs consisting of passenger handling services and the supply of the aircraft's on-board buffet with food and beverages to a limited number of air carriers;
2. prohibit or reserve the provision to a single air carrier of air cargo, cargo and mail services, technical and operational ramp handling services and handling of air fuel and oil.
(2) The definition of the reasons for the operational congestion of the airport is laid down in the implementing legislation.
Details of the measures
(1) The measures for the regulation of groundhandling services pursuant to Sections 49e (1) and 49f (1) shall be issued by the Ministry of Transport and Communications in writing and published in the Aviation Information Manual no later than one calendar month before the date of its introduction.
(2) The Ministry of Transport and Communications will indicate in the measures to regulate the handling services
(a) the reasons which led to its issue;
(b) the type of check-in services to which they apply;
(c) the public airport area covered by the measure;
(d) a programme of measures aimed at overcoming the restrictions introduced;
(e) the duration of the reasons for the regulation of groundhandling services.
(3) The administrative rules do not apply to the granting of measures under Articles 49e (1) and 49f (1).
Committee of Carriers
The Ministry of Transport and Communications shall ensure that a committee of air carriers, consisting of representatives of the air carriers using that airport and, where appropriate, representatives of the organisations representing those air carriers, is set up at a public airport where the provision of groundhandling services can be regulated by a measure pursuant to Articles 49e (1) and 49f (1).
Selection procedure
(1) The Ministry of Transport and Communications will issue a tender for approval where the provision of groundhandling services is regulated by a measure under § 49e (1) (a) or § 49f (1) (a).
(2) For the selection procedure, the commercial tender clause under the Commercial Code shall apply mutatis mutandis. The conditions and procedure of the selection procedure and the way in which applications for the provision of groundhandling services are assessed shall be determined by the Ministry of Transport and Communications after consultation with the public airport operator and with the Air Carrier Committee and published in the Aeronautical Information Manual. The conditions for the selection procedure must include the conditions set out in § 49b for the granting of consent.
(3) The Ministry of Transport and Communications, on the basis of the assessment and evaluation of requests for approval in the selection procedure and after consultation with the public airport operator and with the Committee of Carriers, will give consent to the applicant who has met best the conditions laid down in the selection procedure.
(4) The consent to provide services on the basis of a selection procedure may be granted for a maximum period of time
(a) 7 years if granted under the regulatory measures referred to in Article 49e (1);
(b) 3 years if it is granted on the basis of the regulatory measures referred to in Article 49f (1) (a) (1);
(c) 2 years if it is granted on the basis of the regulatory measures referred to in Article 49f (1) (a) (2).
(5) If the provision of groundhandling services is regulated pursuant to § 49e (1) or § 49f (1), the public airport operator at the airport of which it is an operator may, without a tendering procedure, provide groundhandling services on the basis of the consent granted under § 49a.
Consent
(1) The Ministry of Transport and Communications grants approval by means of a selection procedure where the provision of groundhandling services is regulated in accordance with § 49e (1) (a) or § 49f (1) (a) (1), so that at least one of the providers of groundhandling services is not managed
(a) an aerodrome operator; or
(b) by an air carrier whose performance was greater than 25% of passengers and cargo recorded at the airport during the calendar year preceding the year in which approval for the provision of groundhandling services was granted; or
(c) Ministry of Transport and Communications or the Office.
(2) The Ministry of Transport and Communications will decide to grant consent on the basis of a selection procedure within 120 days of the publication of a commercial tender.
Amendment of data
If the conditions laid down in Paragraph 49b (1) change, the holder of the consent to provide the services of the Ministry of Transport and Communications shall notify the changes to the data on the basis of which the consent was granted and submit to the Ministry of Transport and Communications, within 30 days of the date of the change, documents certifying those changes.
Withdrawal of consent
The Ministry of Transport and Communications shall withdraw the consent granted for the provision of groundhandling services if the provider of groundhandling services:
(a) infringes the conditions laid down for the provision of groundhandling services in the decision granting consent;
(b) no longer fulfils any of the conditions under which it has been granted consent;
(c) has requested withdrawal of consent;
(d) fails to fulfil the obligation imposed in § 49k.
Access to airport facilities
The public airport operator shall be obliged to allow the legal or natural person providing groundhandling services for foreign purposes and the air carrier providing groundhandling services for its own needs to access the airport facilities to the extent necessary to provide such services. For access to and use of airport facilities, the public airport operator shall negotiate a price with the groundhandling service provider in accordance with price regulations. 9)
Account management
The service provider shall keep separate cost, revenue and revenue accounting for the provision of such services. The airport operator shall not transfer funds obtained from the operation of the airport to the ramp service. The Office shall supervise the management of separate accounting.
(5a) Paragraph 16a (7) of 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. '
3. In Paragraph 55, paragraphs 2 and 3 are deleted and paragraph 4 becomes paragraph 2.
4. After Paragraph 55, the following Sections 55a and 55b are inserted:
"Institute for Vocational Detection of Causes of Accidents
(1) An Institute for the Expert Technical Survey of the Causes of Air Accidents based in Prague (hereinafter referred to as the Institute) is hereby established. The Institute shall collect and analyse information on accidents, including the identification of the causes of accidents, draw conclusions, including the identification of the causes of accidents, and develop safety recommendations to prevent them. The identification of the condition and its conclusions or recommendations shall not concern the assessment or assessment of guilt or liability.
(2) Inspectors of the Institute are entitled to:
(a) free access to the site of the accident, to the aircraft and its contents and to the debris of the aircraft;
(b) ensuring that a list of evidence is drawn up immediately and that the disposal of aircraft debris is checked for examination;
(c) the immediate access and use of flight recorders and any other records;
(d) immediate access to the results of the interrogations of air personnel and tests carried out on samples taken from their tissues;
(e) interview of witnesses,
(f) free access to any information relating to an accident at the owner or aircraft operator or aircraft manufacturer and at the authorities responsible for the operation of civil aviation or airport.
(1) The Institute is headed by a Director appointed and dismissed by the Government on a proposal from the Minister for Transport and Communications. Details of the activities of the Institute and the organisational structure shall be governed by the Statute approved by the Government on a proposal from the Minister for Transport and Communications.
(2) An upstanding citizen of the Czech Republic may be appointed Director of the Institute; a citizen who has not been convicted of a criminal offence committed intentionally, unless he is looked at as if he has not been convicted, shall be deemed to be righteous. The Director of the Institute and the inspectors of the Institute shall not, during their appointment, engage in any activity related to the approval of an aircraft type and its components, airworthiness, licensing of air traffic, air traffic control or airport operations, and shall not act as an adviser or member in the statutory bodies of bodies whose interests might be contrary to the activities of the Institute.
(3) The Institute is an organisational body of the State, its budget is part of the budget chapter of the Ministry of Transport and Communications.
(4) Any accident the causes of which have been identified under this law shall be the subject of a report by the Institute inspector, which shall include a safety recommendation, if appropriate. The report shall be published in the Aeronautical Information Manual within 12 months of the date of the accident. ';
5. In Paragraph 81 (2), the words "the Office may delegate 'shall be replaced by the words" the Ministry of Transport and Communications shall delegate';
6. In Article 82 (1), the word "Office 'shall be replaced by" Ministry of Transport and Communications' and the following point (f) shall be added at the end of the paragraph:
"(f) supervise the activities of users of sports flying equipment in their operations."
7. In Article 88 (1), the following point (p) is added:
"(p) entrusts a legal person or a natural person to verify the airworthiness of sports flying equipment, the competence of their users, including the recording and issuing of relevant documents and the supervision of the activities of users of sports flying equipment in their operations.";
8. In Paragraph 88, point (j) is deleted.
Points (k) to (o) shall be renumbered (j) to (n).
9. in § 89, point (t) is deleted;
Points (u) to (aa) shall be renumbered as points (t) to (z).
10. in § 89, point (w) is deleted;
The existing points x) to z) are referred to as points w) to y).
11. in the first sentence of Paragraph 102 (1), the words "§ 49b (2), § 49e (2), § 49f (2)" shall be inserted after the words "§ 47 (2)."
12. in Paragraph 102 (2), the following point (d) is added:
"(d) pursuant to Articles 69 and 70 of the Europe Agreement 14a) establishing an association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part.
14a) Communication from the Ministry of Foreign Affairs No 7 / 1995 Coll., on the negotiation of a Europe Agreement establishing an association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part, as amended. "
The person who is entitled to provide groundhandling services under existing legislation may request the Ministry of Transport and Communications to grant consent under § 49b within one year of the entry into force of this Act. Pending the decision on the application, a person shall be deemed to be entitled to provide such services. If it does not request consent within that time limit, the existing consent for the provision of groundhandling services shall cease.
Efficacy
This Law shall take effect on the day of its publication, with the exception of Article I (4), (8) and (9), which shall take effect on 1 January 2003.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 258 / 2002 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 |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.2002 |
|---|---|
| Effective from | 28.06.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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