What is Act No. 301 / 2009 Coll.?

Act No. 301 / 2009 Coll., amending 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, Act No. 216 / 2002 Coll., on the Protection of State Borders of the Czech Republic and on the Protection of State Borders, as amended, Act No. 634 / 1992 Coll., on Consumer Protection, as amended, Act No. 634 / 2004 Coll., on Administrative Charges, as amended, Act No. 40 / 1964 Coll., Act No. 258 / 2000 Coll., as amended, and Act No. 455 / 1992 Coll. — Act amending 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, Act No. 216 / 2002 Coll., on the Protection of State Borders of the Czech Republic, on the Protection of State Borders and on the Amendment of Certain Acts (Act No. 258 / 2000 Coll.), as amended, Act No. 634 / 2004 Coll., as amended, Act No. 634 / 2004 Coll., on the Protection of Public Health, as amended, Act No. 258 / 2000 Coll., and Act No. 455 / 1991 Coll..

When it became Act No. 301 / 2009 Coll. effectiveness?

Act No. 301 / 2009 Coll. became effective 01.01.2010.

Is Act No. 301 / 2009 Coll. still valid?

Yes, Act No. 301 / 2009 Coll. is still valid and effective.

How many times was it Act No. 301 / 2009 Coll. amended?

Act No. 301 / 2009 Coll. has 5 time versions of the text.

Act No. 301 / 2009 Coll.

Act amending 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, Act No. 216 / 2002 Coll., on the Protection of State Borders of the Czech Republic, on the Protection of State Borders and on the Amendment of Certain Acts (Act No. 258 / 2000 Coll.), as amended, Act No. 634 / 2004 Coll., as amended, Act No. 634 / 2004 Coll., on the Protection of Public Health, as amended, Act No. 258 / 2000 Coll., and Act No. 455 / 1991 Coll.

Valid Law Effective from 01.01.2010

Text versions: 01.08.2016 17.05.2010 01.01.2010 04.09.2009

ČÁST PRVNÍ Čl. I „HLAVA I „HLAVA II „HLAVA III § 22d § 22e § 22f § 22g § 22h § 22i § 22j § 22k § 22l § 22m „§ 25a „§ 29 „§ 30a „§ 44a „§ 44b „§ 49e „§ 51a „§ 55b Čl. II ČÁST TŘETÍ Čl. IV ČÁST ČTVRTÁ Čl. V ČÁST PÁTÁ Čl. VI ČÁST ŠESTÁ Čl. VII „ČÁST DRUHÁ § 11a § 11b § 11c ČÁST SEDMÁ Čl. VIII ČÁST OSMÁ Čl. IX

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301

THE LAW

of 23 July 2009

amending Act No. 49 / 1997 Coll., on Civil Aviation, and amending and supplementing Act No. 455 / 1991 Coll., on Commercial Business (Trade Business Act), as amended, Act No. 216 / 2002 Coll., on the Protection of State Borders of the Czech Republic, on the Protection of State Borders and on the Amendment of Certain Acts (Motor Borders Protection Act), Act No. 634 / 1992 Coll., on Consumer Protection, as amended, Act No. 634 / 2004 Coll., on Administrative Charges, as amended, Act No. 258 / 2000 Coll., as amended, and Act No. 455 / 1991 Coll.

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 on the amendment and amendment of Act No. 455 / 1991 Coll., on Business Enterprise (Trade Act), as amended, as amended, Act No. 189 / 1999 Coll., Act No. 146 / 2000 Coll., Act No. 258 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 167 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 225 / 2006 Coll., Act No. 124 / 2008 Coll., Act No. 274 / 2008 Coll., is amended as follows:

1. In footnote 1, the following is added:

"Council Directive 96 / 67 / EC of 15 October 1996 on access to the groundhandling market at Community airports.

Council Directive 2004 / 82 / EC of 29 April 2004 on the obligation for carriers to transmit passenger data.

Directive 2004 / 36 / EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports.

Directive 2006 / 23 / EC of the European Parliament and of the Council of 5 April 2006 on a Community air traffic controller licence.

Commission Directive 2008 / 49 / EC of 16 April 2008 amending Annex II to Directive 2004 / 36 / EC of the European Parliament and of the Council as regards the conduct of ramp inspections on aircraft using Community airports. '

2. The following is added to footnote 1a: "Regulation (EC) No 2111 / 2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air passengers of the identity of the operating air carrier and repealing Article 9 of Directive 2004 / 36 / EC. Regulation (EC) No 1107 / 2006 of the European Parliament and of the Council of 5 July 2006 on the rights of persons with disabilities and persons with reduced mobility in air transport. '.

3. In Paragraph 2 (7), the word "air 'is inserted after the word" file'.

4. In Article 2, the following paragraph 8 is added:

"(8) The airport property shall be any land on which the airport is located or part thereof. '

5. In Article 3 (2), the second sentence is deleted.

6. In Article 3, paragraphs 8 and 9 are added, including footnotes 1h and 1i:

"(8) The Office shall supervise the performance of duties:

(a) the airport operator and the air carrier concerned with respect to the rights of disabled persons and persons with reduced mobility under the directly applicable European Communities Regulation (1h);

(b) the air carrier concerned with the information of air passengers pursuant to the directly applicable regulation of the European Community1i).

(9) Where the obligations laid down in points (a) and (b) of paragraph 8 are concerned by a travel agent or a travel agent, the municipal trade office shall supervise their performance.

(1h) Regulation (EC) No 1107 / 2006 of the European Parliament and of the Council of 5 December 2006 on the rights of persons with disabilities and persons with reduced mobility in air transport.

(1i) Regulation (EC) No 2111 / 2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers which are subject to an operating ban within the Community, on informing air passengers of the identity of the operating air carrier and repealing Article 9 of Directive 2004 / 36 / EC. '

footnotes 1h to 1l shall become footnotes 1j to 1n, including the footnotes.

7. The following title of Title I is inserted after the title of Part Three:

„HLAVA I

GENERAL PROVISIONS ON AIR PERSON '.

8. in Article 17b (1) (a), the words "with the consent of the owner of the aircraft, unless he is the owner of the aircraft at the same time," shall be deleted;

9. in Article 17b (1) (b), the words "with the consent of the owner of the installation, unless he is the owner of the installation at the same time," shall be deleted;

10. In Paragraph 18, at the end of paragraph 3, the sentence "The activities of cabin crew members may be carried out by persons covered by the directly applicable European Communities Regulation, and the licence shall not be issued for the performance of such activities."

11. In Paragraph 18, at the end of paragraph 4, the sentence "This provision shall not apply to cabin crew members. 'is added.

12. In Paragraph 22 (4), the words "and in agreement with the Ministry of Defence and the Ministry of Health" shall be deleted.

13. The following title shall be inserted after Section 22:

„HLAVA II

RULES FOR SERVICES AND DEDUCTIONS OF AIRCRAFT MEMBERS '.

14. the following Title III is inserted after Section 22c, including the title:

„HLAVA III

AIRCRAFT MANAGEMENT

§ 22d

(1) The air traffic controller is a member of ground flight staff [Paragraph 18 (2) (c)] qualified for air traffic control (1a) as specified in the air traffic controller licence.

(2) A natural person preparing to obtain an air traffic controller licence (hereinafter referred to as "air traffic controller") is only authorised to control air traffic under the supervision of a person authorised to conduct training at an air traffic control unit (hereinafter referred to as "operational instructor").

(3) Unless otherwise specified in this Subpart, Title I of this Part shall apply to air traffic controllers and flight traffic controllers.

(4) The types and definitions of air traffic management qualifications are laid down in implementing legislation.

§ 22e

Air traffic controller and air traffic controller licence

(1) The Authority shall issue an air traffic controller licence at the request of a natural person who:

(a) reach the age of 21;

(b) holds an air traffic controller licence;

(d) holds a valid medical opinion on medical fitness for air traffic control (1a); and

(e) demonstrate the knowledge of the English language required for air traffic control ("language knowledge").

(2) The Authority shall issue an air traffic controller licence at the request of a natural person who:

(a) has reached the age of 18;

(b) have completed at least a secondary education with a graduate examination or other equivalent examination demonstrating the same degree of education achieved, in the case of military air personnel completed by a university education;

(d) holds a valid medical opinion on medical fitness for air traffic control; and

(e) demonstrate linguistic knowledge.

(3) The medical opinion on medical fitness referred to in paragraph 1 (d) and paragraph 3 (d) shall apply:

(a) for persons who have not reached the age of 40 for 24 months from the date of the medical examination; and

(b) for persons who have reached the age of 40 for a period of 12 months from the date of the medical examination.

(4) The content and formal requirements of the air traffic controller and air traffic controller licence are laid down in the implementing legislation. The implementing act shall also specify the type of data to be identified and the model of licence.

§ 22f

Language knowledge

(1) Prior to the issue of an air traffic controller and air traffic controller licence, the Authority shall verify the language skills by examination. The Authority shall assess language skills according to a six-point evaluation scale, the content of which shall be laid down in implementing legislation. For the issue of an air traffic controller licence and an air traffic controller, the applicant shall demonstrate language knowledge corresponding to at least grade 4 of the rating scale. The Office shall issue a certificate of the outcome of the verification of language proficiency.

(2) The Authority shall verify language knowledge, except for the demonstration of language proficiency corresponding to grade 6 of the scale, at the following intervals:

(a) once within a period of three years from the last verification of the language proficiency of the holder of an air traffic controller or air traffic controller, a pupil whose language proficiency corresponds to grade 4 of the rating scale; and

(b) once within a period of six years from the last verification of the language proficiency of the holder of an air traffic controller or air traffic controller, a pupil whose language proficiency corresponds to grade 5 of the rating scale.

(3) If the applicant has changed language knowledge and the verified language knowledge does not correspond to grade 4 of the rating scale, the Authority shall withdraw the air traffic controller licence.

(4) The Office may entrust the natural or legal person, upon request, with the verification of linguistic knowledge and certification of its outcome, provided that the applicant demonstrates that:

(a) has a room for testing and preparation of examiners, a separate room with a lockable space and a recording device enabling sound recording to be made;

(b) ensure that the verification of language proficiency is carried out by a natural person with completed higher education obtained by study in a master's study programme focusing on an English language or a natural person with similar learning obtained abroad and by a natural person holding an air traffic controller licence whose language knowledge corresponds to at least level 5 of the scale of assessment.

(5) The Office shall withdraw the delegation granted if the person responsible for verifying the language knowledge:

(a) no longer fulfils the conditions for entrustment;

(b) has seriously infringed the obligations laid down by this law; or

(6) The procedure for verifying language proficiency is laid down in the implementing legislation.

§ 22g

Local Clause

(1) The local clause determines the air traffic control unit. The local endorsement shall be valid for a period of 12 months from the date of its inclusion in the air traffic controller licence. The Authority shall extend the validity of the local endorsement where the applicant is participating in ongoing training in air traffic control and has conducted air traffic control during the period of validity of the local endorsement. The Authority shall renew the local endorsement if the applicant has successfully completed local training in air traffic control.

(2) The air traffic controller's employer with a valid air traffic control rating shall:

(a) keep for each air traffic control unit a record of hours worked by each air traffic controller licence holder;

(b) provide the Office, at its request, with data from the register;

(c) keep in the records of hours worked separately the number of hours actually worked during which the holders of an air traffic controller licence have conducted training.

(3) The arrangements for participating in ongoing training and the scope of the performance of air traffic control required to extend the local endorsement shall be laid down in implementing legislation.

§ 22h

Training of air traffic controller, flight traffic controller and operational training instructor

(1) Training is a summary of theoretical and practical exercises to obtain and maintain a rating in air traffic control. Depending on the type of training necessary to obtain and maintain a rating in air traffic control, training shall be distinguished between entry, local, continuous and operational instructor training.

(2) The definition of each type of training, the subjects taught in the framework of the initial training, the requirements for the training conduct, the details of the certificate of assessment of the results of the training, the conditions for verifying the results of the training and the particulars of the certificate of verification of the outcome of the final examination are laid down in the implementing legislation.

§ 22i

Operating instructor

(1) The Authority shall, at the request of the holder of an air traffic controller licence, indicate on his or her licence the qualification to perform the activity of an operational instructor valid for 36 months from the date of its inclusion in the air traffic controller licence, provided that the holder demonstrates that:

(a) conduct air operations for at least 12 months immediately prior to the submission of the application; and

(b) have successfully completed training of operational instructors.

(2) The Authority shall, at the request of the holder of an air traffic controller licence, extend the validity of the rating to perform the activity of an operational instructor indicated on its licence by 36 months from the date of expiry of the previous rating to perform the activity of an operational instructor, provided that the applicant has performed the activity of an operational instructor for at least 12 months immediately prior to the application. The period of extended validity of the rating to perform the operations of an operational instructor shall be indicated by the Authority on the licence.

(3) The holder of an air traffic controller licence must have a valid local clause during the operation of the operational instructor.

§ 22j

Training

(1) The training provided for in § 22h may be carried out by a natural or legal person on the basis of the Authority.

(a) a valid permit issued;

(b) a recognised valid authorisation issued by another Member State of the European Union.

(2) Upon written request, the Authority will issue the authorisation to a natural person with a permanent residence or place of residence in the Czech Republic or to a legal person with a registered office, central administration or principal establishment in the Czech Republic, if the applicant proves that:

(a) ensure that training is carried out by competent persons;

(b) ensure that the training of air traffic controllers is carried out by persons authorised by the Authority pursuant to Article 22k;

(d) has a developed training plan containing a proposal for training procedures and organisation, including organisation of examinations and assessments of training applicants, control mechanisms for verifying compliance of training with the conditions under which authorisation has been granted;

(e) has funds for the provision of training and contracted insurance in the event of liability for damage caused by the performance of this activity and insurance premiums paid.

(3) The Authority shall indicate in the training authorisation:

(a) the type of training for which authorisation is issued; and

(b) the period of validity of the authorisation.

(4) The authorisation holder shall notify the Office in writing of any changes to the conditions laid down in paragraph 2, within 30 days of the date of the change.

(5) The Authority will withdraw the authorisation issued if the holder of the authorisation has ceased to comply with the conditions for granting or withdrawing the authorisation.

(6) The Authority will recognise the training authorisation issued by another Member State of the European Union at the written request of the holder of the authorisation.

(7) The requirements of the training plan are laid down in the implementing legislation.

§ 22k

Tests

(1) The examinations under Section 22h may be carried out by a natural person authorised by the Authority for this activity. The Authority shall issue an authorisation at its request if:

(a) holds an air traffic controller licence;

(b) is qualified to perform the duties of an operational instructor;

(2) Authorisation to carry out training tests is valid for 36 months. The Authority shall, at the request of the person authorised to carry out the training tests, extend the validity of the authorisation by 36 months at any time if the applicant fulfils the conditions laid down in paragraph 1. An application may be submitted not earlier than 30 months from the date of entry into force of the authorisation and not later than 3 months before the expiry of the authorisation. If, at that time, a person authorised to carry out training examinations submits an application for renewal of an authorisation, the present authorisation shall remain valid until the Authority has decided on the application.

§ 22l

Air traffic controller licence issued by a Member State of the European Union

(1) The Authority shall recognise an air traffic controller licence issued by another Member State of the European Union, including a valid medical opinion, with the exception of a local endorsement, at the request of its holder, if the applicant has reached the age of 21.

(2) The Authority shall establish a local endorsement for a recognised air traffic controller licence at the request of its holder if the applicant demonstrates that he has successfully completed training under an approved training plan drawn up in respect of his competence and practical experience. The decision to approve the training plan shall be taken by the Authority within six weeks of receipt of the request for approval of the training plan.

(3) The holder of a recognised air traffic controller licence carrying out activities within the territory of the Czech Republic may request the Office to exchange his licence for a licence issued by the Office. The Office shall comply with this request without undue delay.

§ 22m

Registration of air traffic controllers and air traffic controllers

(1) For the purpose of carrying out tasks under this Act, the Authority shall keep an electronic record of holders of air traffic controllers and air traffic controllers. The registration shall be kept by the Office during the period of validity of the air traffic controller and air traffic controller licences.

(2) The registration shall contain the information indicated in the licences. ';

15. In Article 23, the second sentence is inserted after the first sentence: "Paragraph 22j shall apply mutatis mutandis to military air personnel. '

16. in Article 24 (1) (a) (1) and (2), including footnote 1n:

"1. national airports designated and equipped to carry out national flights where the national border of the Czech Republic is not exceeded and flights where the external border is not exceeded (1n) (hereinafter referred to as" internal flights "),

2. international airports designated and equipped to carry out both domestic and internal flights and flights where an external border is exceeded under another legislation (1n).

1n) Act No. 216 / 2002 Coll., on the Protection of State Borders of the Czech Republic and on the amendment of certain laws (Act on the Protection of State Borders), as amended. '

17. in Article 25 (1) and (2), the words "with an external border" shall be deleted;

18. After Paragraph 25, the following Section 25a is inserted:

„§ 25a

Airport records

(1) The Office shall keep a register of airports which it publishes in a manner that allows remote access. The Authority shall register the airport in the register of airports within three days of the legal authority of the decision establishing the type of airport.

(2) The following airport data shall be entered in the register of airports:

(a) airport designation;

(b) the aerodrome operator and his responsible agent, if established;

(d) airport land;

(e) an indication of whether a material burden has been imposed on airport land;

(f) the date of registration and deletion of the airport from the airport records.

(3) The Authority will delete the airport from the airport records if it is destroyed. '

Article 25a is renumbered Article 25b.

19. The title of § 25b reads:

"Obligations of the airport owner '.

20. in Article 25b, the word "public" shall be deleted;

21. in Article 27, the following paragraph 3 is added:

"(3) The Authority will first issue an authorisation to operate the airport to the applicant, who will demonstrate that he is the owner of the vast majority of the area of airport land. The initial airport operator shall be entitled to compensation in accordance with the first sentence of the applicant. The amount of the refund shall be fixed taking into account, in particular, the amount and duration of the investments effectively incurred in connection with the airport. '.

22.

„§ 29

Professional competence shall be demonstrated by evidence of the achievement of secondary or higher vocational education or by evidence of completed higher education obtained by study in the Master's study programme in the field of economics, in the field of technical sciences and technology or in the field of law and by evidence of at least five years of professional experience in civil aviation management. ';

23. After Paragraph 30, the following Section 30a is inserted:

„§ 30a

In addition, the Commission considers that the aid is compatible with the internal market.

(1) The Court of First Instance, on the basis of a proposal from the airport operator, which existed on 31 December 2009, will decide on the establishment of a material burden for the operation of the airport on the airport land on which the airport is situated or part of it which exists on 31 December 2009 for the purpose of operating the airport. In addition, the Commission notes that the airport operator has not been able to provide the airport with the necessary information.

(2) The airport operator's compensation for establishing the material burden of operating the airport is the owner of the land to which the material burden has been imposed. The compensation for the establishment of a material burden on the operation of the airport shall be determined by the court as an annual service, at an amount corresponding to the locally customary rent to the land for which the burden of capital is imposed. The refund shall be payable no later than 31 December of the calendar year concerned, unless otherwise specified in the decision establishing the burden in kind. The owner of the land for which a material burden has been imposed and the airport operator may negotiate in writing a different amount of annual performance and its earlier maturity. The Court of First Instance shall decide, at the request of the airport operator or the owner of the land for which the burden in kind has been imposed, to amend the amount of the refund where the circumstances in which the amount of the refund has been determined or agreed have substantially changed.

(3) The Court of First Instance shall decide to abolish the burden in kind:

(a) on a proposal from the airport operator;

(b) if the airport is not operated for one year,

(4) Furthermore, the burden in kind will cease if the airport operator has not paid compensation within 90 days of the due date of the annual performance.

(5) If, in order to fulfil the purpose of establishing a material burden, it is sufficient to establish a material burden on a part of an airport plot, the court shall decide to establish a material burden only on that part of the parcel which it shall determine on the basis of a geometric plan drawn up at the expense of the airport operator. This shall not apply if this would result in the destruction of a part of the land which is not burdened with material burdens. '

24. in Paragraph 34, the following point (d) is added:

"(d) the date on which the decision to authorise the operation of an airport issued by an applicant, which has shown that it is the owner of the vast majority of the area of airport land."

25. Paragraph 36 (1) reads:

"(1) The air construction is:

(a) the runway for take-off and landing of aircraft without regard to its technical design;

(b) runways and areas intended for the movements and standing of aircraft related to their take-off and landing without taking into account their technical design; and

26. in Paragraph 37 (1):

"(1) Protection zones are established around aircraft structures. The protection zone shall be established by the Office by measures of a general nature in accordance with the administrative rules after consultation with the zoning authority. By measures of a general nature as referred to in the second sentence, the Office shall determine the parameters of the protection zone and the individual measures to protect aircraft construction. ';

27. In Paragraph 37, at the end of paragraph 4, the dot is replaced by "a 'and the following point (c) is added:

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Regulation Information

Citation	Act No. 301 / 2009 Coll., amending 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, Act No. 216 / 2002 Coll., on the Protection of State Borders of the Czech Republic and on the Protection of State Borders, as amended, Act No. 634 / 1992 Coll., on Consumer Protection, as amended, Act No. 634 / 2004 Coll., on Administrative Charges, as amended, Act No. 40 / 1964 Coll., Act No. 258 / 2000 Coll., as amended, and Act No. 455 / 1992 Coll.
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	04.09.2009
Effective from	01.01.2010
Effective until	-
Status	Valid

Legal Areas: Transport Finance Civil law Civil law substantive State Defence Fees Administrative law Health

The regulation text is for informational purposes only.