Act No. 261 / 2017 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
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Law
Effective from 16.11.2017
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261
THE LAW
of 19 July 2017
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:
Amendment to the Civil Aviation Act
Act No. 49 / 1997 Coll., on Civil Aviation and on the amendment and amendment of Act No. 455 / 1991 Coll., on Commercial Enterprise (Trade Act), as amended by Act No. 189 / 1999 Coll., Act No. 146 / 2000 Coll., Act No. 258 / 2002 Coll., Act No. 167 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 250 / 2006 Coll., Act No. 301 / 2009 Coll., Act No. 407 / 2010 Coll., Act No. 137 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 127 / 2014 Coll., Act No. 250 / 2014 Coll.
1. In footnote 1, the sentence "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. ';
2. In footnote 1a, the sentence "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. Commission Regulation (EU) No 805 / 2011 of 10 August 2011 laying down implementing rules for the granting of licences and certain air traffic controllers' certificates pursuant to Regulation (EC) No 216 / 2008 of the European Parliament and of the Council. ';
"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 376 / 2014 of the European Parliament and of the Council of 3 April 2014 on occurrence reporting in civil aviation, analysis of these reports and follow-up actions and amending Regulation (EU) No 996 / 2010 of the European Parliament and of the Council and repealing Directive 2003 / 42 / EC of the European Parliament and of the Council, Commission Regulation (EC) No 1321 / 2007 and Commission Regulation (EC) No 1330 / 2007. 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) 2015 / 340 of 20 February 2015 laying down technical requirements and administrative procedures related to air traffic controllers' licences and certificates pursuant to Regulation (EC) No 216 / 2008 of the European Parliament and of the Council amending Commission Implementing Regulation (EU) No 923 / 2012 and repealing Commission Regulation (EU) No 805 / 2011. '
3. In Paragraph 2 (2), the second heading "20 'is replaced by" 25'.
4. Paragraph 2 (9) is deleted.
Paragraphs 10 to 15 shall become paragraphs 9 to 14.
5. in Paragraph 18, the following paragraph 4 is inserted after paragraph 3:
"(4) The activity of an executive flyer may be carried out for air carriers on the basis of an employment relationship or on the basis of a contract under the Civil Code; the contract must be written. ';
Paragraph 4 shall become paragraph 5.
(6) footnote 16 shall read:
"16) Commission Regulation (EU) 2015 / 340. '.
7. Paragraph 36 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
8. In Paragraph 37 (2) (b), the word "ground 'is replaced by" security'.
9. Paragraph 37 (4) reads:
"(4) Air safety zones are divided into protection zones
(a) radiological equipment;
(b) navigation equipment;
(c) communication equipment;
(d) equipment for the air meteorological service;
(e) air information service equipment;
(f) light and radio signals; and
(g) underground air structures. ';
10. Sections 42a and 42b, including footnotes 35 and 36, read:
(1) The aerodrome operator established by a directly applicable European Union regulation governing rules and procedures for the introduction of noise reduction operational restrictions on aerodromes (35) shall, for each calendar year, prepare a report containing traffic data and noise situation at the aerodrome and the noise reduction and impact assessment measures introduced and planned (hereinafter referred to as "noise situation report") and send it by the end of March of the following calendar year to the Office. In order to process the noise report, the aerodrome operator shall use the data obtained using the method in accordance with the directly applicable European Union Regulation laying down rules and procedures for the introduction of noise reduction operational restrictions on air35).
(2) If, at an airport referred to in paragraph 1, the hygiene noise limits laid down by the law on public health protection are exceeded for two consecutive calendar years, the airport operator shall complete the report on the noise situation with an indication of the estimated number of persons exposed to noise during the previous two calendar years, the planned development of the airport, the expected development of the airport noise situation and the possibility of introducing new noise reduction measures and assessing their impact. The airport operator shall complete the noise report by the end of the calendar year in which it was sent to the Authority.
(3) The information contained in the noise report and its additions are provided for in the implementing legislation.
(1) Where, in the context of the operation of an airport, the hygiene limits laid down by the law governing the protection of public health36 are exceeded for a period of three consecutive calendar years, the Authority will decide, on its own initiative and under the conditions laid down by that directly applicable regulation, to introduce operational noise limits at such an airport.
(2) The parties to the proceedings for the introduction of noise reduction operational restrictions at the airport are only interested parties established directly by the applicable European Union regulation laying down rules and procedures for the introduction of noise reduction operational restrictions on air35). This does not apply if the local population, their representatives and the competent local authorities (hereinafter referred to as the local population) are concerned. The Office shall inform the parties of the initiation of the procedure by a public notice. The proceedings shall be initiated by the expiry of the time limit set in the notice of initiation; the time limit may not be less than 15 days from the date of publication of the notice of initiation on the official plate. Documents shall be served on the parties in the proceedings by a public order; This does not concern the airport operator.
(3) The Authority will indicate in the Decision the date from which operational noise reduction restrictions at the airport are to be introduced.
(4) Before a decision is taken, the Office will publish on the official record the concept of the operative part and the reasons for the decision, indicating the time within which, where and how the parties to the proceedings may object to the concept and propose an extension of the procedure and the local population may make comments. The Authority shall re-publish the amended draft on the official record and send it to the competent authorities of the Member States of the European Union and to the European Commission in accordance with the directly applicable European Union regulation governing the rules and procedures for introducing operational noise reduction restrictions on aerodromes (35). No objections or comments may be made to the republished concept of the statement and the reasoning for the decision; This also applies to proposals to supplement the procedure.
(5) If the noise situation at the airport so requires or allows, the Authority shall, on its own initiative, amend the official decision. Paragraphs 2 to 4 shall apply mutatis mutandis to the procedure for amending the decision. If the noise situation at the airport so permits, the Authority shall revoke the decision. The first sentence of paragraph 2 and paragraph 4 of this Article shall apply mutatis mutandis to the annulment procedure.
35) Regulation (EU) No 598 / 2014 of the European Parliament and of the Council.
36) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. '
11. in Paragraph 49aa (1), the words "demonstrably late in payment of the price" shall be replaced by "against it or against the European Organisation for the Safety of Air Navigation (EUROCONTROL)";
12. in Article 49aa (4) (c), the words "EUROCONTROL Air Safety Organisation" shall be replaced by the words "European Aviation Navigation Safety Organisation (EUROCONTROL)";
13. in Paragraph 55a (1) (b), including footnote 37,
"(b) perform the tasks of the competent authority in accordance with the directly applicable European Union law governing occurrence reporting in civil aviation (37), including the tasks of the contact point and the publication of the safety report.
37) Regulation (EU) No 376 / 2014 of the European Parliament and of the Council. '.
14. § 55d is deleted.
15. in Article 58 (1) of the Introductory Part of the Provisions and in Article 58 (1) (c), the words "European Union5i)" are replaced by the words "European Union20";
footnote 5i is deleted.
16. in Articles 71 and 71c, the words "or risk to the environment" shall be added at the end of the text of paragraph 1.
17. in Paragraph 88 (1), point (c) is deleted;
Points (d) to (n) shall be renumbered (c) to (m).
18. In Paragraph 88, at the end of paragraph 1, the dot is replaced by a comma and the following point (n) is added:
"(n) forward a report to the European Commission on the application of the fair assessment approach under the directly applicable European Union law governing occurrence reporting in civil aviation (37)."
19. In Paragraph 89, at the end of paragraph 2, the dot is replaced by a comma and the following points (u) to (w) are added:
"(u) issue, amend and repeal decisions on the introduction of noise reduction operational restrictions at the aerodrome and carry out other tasks of the competent authority under the directly applicable European Union rules governing the rules and procedures for introducing noise reduction operational limits on airport35);
(v) supervise the performance of employers' and organisations' obligations in the application of the fair assessment approach under the directly applicable European Union law governing occurrence reporting in civil aviation (37);
(w) is the competent authority for the certification and supervision of persons and organisations under the directly applicable European Union rules governing common rules in the field of civil aviation (1c). ';
20. in Article 92 (2), the following point (d) is inserted after point (c):
"(d) as an aircraft operator, an aircraft pilot or an air service provider contrary to Paragraph 55b (1) shall not notify the Institute, without undue delay, of any non-serious incident;"
Points (d) to (g) shall be renumbered as points (e) to (h).
21. in Article 92 (2), the word "or" shall be added at the end of point (f).
22. in Paragraph 92 (2), the word "or" shall be replaced by a dot and paragraph (h) shall be deleted at the end of the text of point (g);
23. in Paragraph 92 (3), the word "or" shall be deleted at the end of point (d).
24. In Paragraph 92, at the end of paragraph 3, the dot is replaced by "or 'and the following point (f) is added:
"(f) in contravention of the directly applicable European Union law governing occurrence reporting in civil aviation 37)
1. as a person required to report an event, does not report the event or report it within a specified period or manner; or
2. use as an interested party the information provided from the European Central Register. ';
25. Paragraph 92 (4) reads:
"(4) A fine may be imposed for an offence
(a) up to 100 000 CZK if the offence referred to in paragraph 1 (a) or 2 (a) is committed,
(b) up to 300 000 CZK if the offence referred to in paragraph 1 (g), (j) or (l), paragraph 2 (c) or (d) or paragraph 3 (e) (1), (2) or (3) or (f) is committed;
(c) up to 500 000 CZK if the offence referred to in paragraph 1 (c) to (e), (i) or (n), paragraph 2 (b) or (g) or paragraph 3 (a) is committed;
(d) from CZK 50,000 to CZK 1,000 000 if the offence referred to in paragraph 1 (b), (f) or (h), paragraph 2 (e) or (f) or paragraph 3 (b), (c) or (e) (4) is committed; or
(e) from 100 000 CZK to 5 000 000 CZK, if it is an offence referred to in paragraph 1 (k) or (m) or paragraph 3 (d). "
26. in Paragraph 92 (5) (b), the words "or paragraph 3 (c)" are replaced by the words "or paragraph 3 (b) or (c)."
27. in Article 92b (1) (a), including footnote 28,
"(a) in contravention of the directly applicable European Union licensing regulation and the conditions for the performance of the activity of an air traffic controller, an air traffic controller, an air traffic controller - a pupil, an instructor or an assessor
1. even though they know of the disease or of any changes in the state of health which restrict or exclude the exercise of that activity,
2. without notifying the air navigation service provider of its medical availability; or
3. without a valid licence,
28) Regulation (EC) No 216 / 2008 of the European Parliament and of the Council, as amended. Commission Regulation (EU) 2015 / 340. '
28. in Paragraph 92b (2) (b), the words "point 1 or 2" shall be replaced by the words "or"
29. in Article 92b (2), point (c) shall be deleted;
Point (d) shall be renumbered (c).
30. in Paragraph 92b (3) (a), "point 1" is replaced by "point 1 or 2," or "
31. in Article 92b (3) (b), the words "point 2 or" shall be replaced by "point 3."
32. in Article 92b (3), point (c) is deleted;
33.In Paragraph 93 (2) (d), the following points 1 to 3 are inserted:
"1. shall not send a report on the airport noise situation within the prescribed time limit of the Office pursuant to Paragraph 42a (1);
2. not complete the report on the noise situation at the airport pursuant to § 42a (2);
3. does not introduce operating restrictions to reduce noise at the airport as set out in the Authority's decision under Paragraph 42b (1), ';
Points 1 and 2 shall become points 4 and 5.
34. in Article 93 (2), the following point (e) is inserted after point (d):
"(e) the operator of the aircraft, the pilot of the aircraft or the air service provider in breach of Article 55b (1) shall not notify the Institute, without undue delay, of any incident other than a serious incident;";
Points (e) to (k) shall be renumbered as points (f) to (l).
35. in Paragraph 93 (2), the word "or" shall be added at the end of point (j).
36. in Paragraph 93 (2), point (k) is deleted;
Point (l) shall be renumbered as point (k).
37. in Paragraph 93 (3), the word "or" shall be deleted at the end of point (e).
38. In Article 93, at the end of paragraph 3, the dot is replaced by a comma and the following points (g) and (h) are added:
"(g) in contravention of the directly applicable European Union occurrence reporting regulation in civil aviation 37)
1. as a person required to report an event, does not report the event or report it within a specified period or manner; or
2. use as an interested party the information provided from the European Central Register;
(h) in contravention of the directly applicable European Union occurrence reporting regulation in civil aviation 37) as an organisation
1. not establish a mandatory reporting system to facilitate the collection of occurrence data or not a voluntary reporting system to facilitate the collection of event data and other information related to a real or potential threat to aviation safety;
2. Not to report, within a specified period, information on an event or other information related to a real or potential threat to aviation safety collected through a mandatory or voluntary reporting system;
3. not identify one or more persons involved in the collection, evaluation, processing, analysis and storage of occurrence data and other information related to the actual or potential threat to aviation safety;
4. does not ensure that the information obtained in the processing of occurrence reports is not used for purposes other than security, or does not ensure the protection of personal data or the identity of the reporting person or persons in the report,
5. shall not ensure that occurrence reports drawn up on the basis of data collected from a mandatory or voluntary occurrence reporting system contain the specified information or that such occurrence reports are kept in a specified manner;
6. not establish procedures for the quality control of events collected and stored;
7. does not inform its staff or other persons of the analysis of events collected from a mandatory or voluntary occurrence reporting system or of corrective or preventive measures taken;
8. shall not develop a procedure for analysing occurrence data collected from a mandatory or voluntary occurrence reporting system, shall not take appropriate corrective or preventive action on the basis of such analysis, implement such measures without undue delay or establish a procedure for monitoring the implementation and effectiveness of such measures;
9. affects its staff member or any other person who has reported or is listed in the event report;
10. does not transmit to the Institute the preliminary results of the analysis of the data on events collected from the compulsory or voluntary occurrence reporting system or measures to be taken on the basis of that analysis or report to the Institute within the time limit set; or
11. shall not adopt, after consultation with the staff, internal rules describing the way in which a fair assessment approach is ensured and implemented, or adopt internal rules which do not ensure that that approach is implemented. ';
Paragraph 93 (5) reads as follows:
"(5) A fine may be imposed for an offence
(a) up to CZK 100,000 if the offence referred to in paragraph 1 (a), paragraph 2 (a) or (g) or paragraph 4 (e) or (f) (2) is committed;
(b) up to 300 000 CZK if the offence referred to in paragraph 1 (g), paragraph 2 (e) or (f), paragraph 3 (f) (2) or (3) or paragraph 4 (d) is committed;
(c) up to 500 000 CZK if the offence referred to in paragraph 1 (c), paragraph 2 (b) or (d) (5), paragraph 3 (a), (b) (2), (f) (1), (5) or (6) or (h) (1) to (7) or paragraph 4 (a), (b) or (c) is committed;
(d) from CZK 50,000 to CZK 1,000 000 if the offence referred to in paragraph 1 (b), (d), (e) or (h), paragraph 2 (c), (d) (1), (2) or (4), (h) or (j), paragraph 3 (b) (3), (c), (d), (f) (4) (h) (8) to (11) or paragraph 4 (f) (1) or (3),
(e) from 75 000 CZK to 3 000 000 CZK if the offence referred to in paragraph 2 (k) is committed; or
(f) from 100 000 CZK to 5 000 000 CZK, if the offence referred to in paragraph 1 (f), (i), (j) or (k), paragraph 2 (d) (3) or (i), or paragraph 3 (b) (1) or (e). "
40. in Article 93b (2) (a) and (b):
"(a) as air navigation service provider
1. does not ensure that the activity of an air traffic controller or an air traffic controller is carried out by a person with a valid licence;
2. not create or submit to the Authority for approval local proficiency schemes or amendments thereto;
3. does not keep records of the hours in which each licence holder exercises the privileges of the licence or does not provide such data to the Authority or the licence holder; or
4. does not develop or implement objective, transparent and non-discriminatory procedures for the notification of the medical indisposition of an air traffic controller, an air traffic controller, a pupil, an instructor or an assessor that limits or excludes the performance of such an activity; or
(b) as an organisation for the training of air traffic controllers, air traffic controllers - pupils or training of instructors or evaluators;
1. conduct training of air traffic controllers, air traffic controllers - pupils or training of instructors or evaluators without certification or contrary to the conditions laid down therein;
2. entrust training to air traffic controllers, air traffic controllers - pupils, instructors or evaluators to a natural person who does not fulfil the conditions laid down for such activity;
3. Not to submit to the Authority for approval changes in the curriculum of training courses or in the plans for entry, local or ongoing training;
4. Not to notify the Office of the cessation of its activities;
5. Returns the certificate to the Office within a specified period after its revocation or termination of its activities;
6. does not implement security measures imposed by the Office,
7. Not to report an accident, serious incident or event resulting from a training activity or to make a subsequent report within the prescribed time limit,
8. shall not create, establish or maintain a management system or do so in a specified manner;
9. Not appoint a responsible manager or person responsible for training;
10. does not keep records of instructors or persons qualified to evaluate the competence of instructors of practical training and competence of evaluators or establish a procedure for maintaining the competence of theoretical instructors;
11. shall not ensure that instructors and evaluators receive refresher training;
12. does not keep records of persons undergoing or undergoing training;
13. does not establish or maintain a system for the recording of the qualifications of instructors and evaluators and the assessment of their skills and subjects which are entitled to teach, or
14. does not have insurance of liability for damage caused in connection with the provision of training and insurance paid. ';
41.Paragraph 93b (4) reads:
"(4) A fine may be imposed for an offence
(a) up to 100 000 CZK if the offence referred to in paragraph 1 is committed,
(b) up to 300 000 CZK if the offence referred to in paragraph 2 (b) (7) is committed,
(c) up to 500 000 CZK if the offence referred to in paragraph 2 (a) (4) or (b) (4), 5 or 9,
(d) from 50 000 CZK to 1 000 000 CZK, if the offence referred to in paragraph 2 (a) (1) or (3) or (b) (6) or 10 to 14,
(e) between CZK 75 000 and CZK 3 000 000 if the offence referred to in paragraph 2 (a) (2) or (b) (2), or
(f) from 100 000 CZK to 5 000 000 CZK, if it is an infringement pursuant to paragraph 2 (b) (1) or paragraph 3. "
Article 42 (94) reads:
(1) The transfers under this law are discussed
(a) The Ministry of Transport or the Office shall, in accordance with its competence referred to in Sections 88 and 89, if:
1. offences of natural persons other than those referred to in Article 92 (2) (c) or (d) or Article 92 (3) (e) or (f); or
2. Infringements of legal and commercial natural persons, with the exception of offences pursuant to § 93 (2) (d) (4) or (e), § 93 (3) (f) to (h), § 93 (4) (a), § 93c (1) (a) or § 93c (2), where the perpetrator of the offence is the operator of the travel agent or travel agency;
(b) the department of the Police of the Czech Republic, which under the Act on the residence of foreigners in the territory of the Czech Republic 5j) is responsible for carrying out border checks, if the offence is a legal or commercial natural person pursuant to § 93 (4) (a),
(c) the municipal trade office, if the perpetrator of the offence is the travel agent or travel agency's operator,
(d) the Institute, if it is an infringement of a natural person under § 92 (2) (c) or (d) or § 92 (3) (e) or (f), or an infringement of a legal or commercial natural person under § 93 (2) (e) or § 93 (3) (f) to (h); or
(e) the Office for Access to Transport Infrastructure, where there is an infringement of a legal or commercial natural person pursuant to § 93 (2) (d) (4).
(2) The Ministry of the Interior decides on the appeal against the decision of the Police of the Czech Republic pursuant to paragraph 1 (b).
(3) The fine imposed under this law shall be collected by the authority which imposed it. ';
43. In Paragraph 102 (1), "§ 42b (8)" is replaced by "§ 42a (3)" and "§ 55d (5)" is deleted.
44. in Paragraph 102 (2) (c), the words "European Organisation for Air Safety EUROCONTROL" shall be replaced by the words "European Organisation for the Safety of Air Navigation (EUROCONTROL)."
Transitional provisions
1. The procedure for introducing operating restrictions to reduce noise at the airport initiated pursuant to § 42b (1) of Act No. 49 / 1997 Coll., as effective before the date of entry into force of the Act, shall be completed by the Ministry of Transport pursuant to Act No. 49 / 1997 Coll., as effective before the date of entry into force of the Act.
2. Air traffic permits issued pursuant to § 74 (1) of Act No. 49 / 1997 Coll., as effective before the date of entry into force of this Act, or part thereof, which are contrary to the directly applicable European Union provisions governing technical requirements and administrative procedures relating to air traffic (1), shall cease to be effective.
3. Air traffic permits issued pursuant to Section 76 (2) of Act No. 49 / 1997 Coll., as effective before the date of entry into force of this Act, or part of them which are contrary to the directly applicable European Union regulation governing technical requirements and administrative procedures relating to air traffic (1), shall cease to be effective.
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Regulation Information
| Citation | Act No. 261 / 2017 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 | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.08.2017 |
|---|---|
| Effective from | 16.11.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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