Decree No. 359 / 2006 Coll.
Decree amending Decree of the Ministry of Transport and Communications 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
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Effective from 18.07.2006
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359
DECLARATION
of 27 June 2006
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
The Ministry of Transport provides pursuant to § 102 (1) 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 Act), as amended, as amended, as amended by Act No. 146 / 2000 Coll., Act No. 258 / 2002 Coll. and Act No. 225 / 2006 Coll.:
Decree No. 108 / 1997 Coll., implementing 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, as amended by Decree No. 101 / 1999 Coll. and Decree No. 244 / 2003 Coll., is amended as follows:
1. Paragraph 1 (1) reads as follows:
"(1) This decree implements the provisions of § 4 (2) (d), § 4 (4), § 5 (2), § 5 (2), § 7 (8), § 12 (2) (b), § 12a (7), § 16 (1) and (2), § 17 (3), § 17a (1), § 17b (5), § 17d (4), § 70 (7), § 25 (3), § 32 (1) and (3), § 34a (4), § 55 (5), § 55d (8), § 42 (2), § 44 (4), § 45 (4), § 49c (2), § 49f (2), § 55 (7), § 55 (7), § 55d (2), § 58 (2), § 67 (4), § 70 (4), § 72 (4), § 45 (4), § 45 (4), § 49 (2), § 49 (2), § 49 (2), § 49 (2), § 49 (2), §
2. The following Section 1a is inserted after Section 1, including footnote 1a:
Air Register
[Articles 4 (2) (d), 4 (4), 5 (2) and 5a (2) of the Law]
(1) The other basic technical data on aircraft registered in the aviation register are:
(a) the type of aircraft;
(b) the manufacturer and the year of manufacture;
(c) colour,
(d) the maximum number of persons on board the aircraft in flight;
(e) maximum take-off mass.
(2) The application for the advance assignment of the registration number shall contain:
(a) data under special legislation (1a) on the applicant;
(b) the name, names and surname, date of birth and permanent residence of the natural person, or the name, or the name, or the name, and surname, date of birth, place of business and identification number of the natural person who is an entrepreneur, or the name, seat and identification number of the legal person who is the owner or operator of the aircraft, unless he is simultaneously an applicant;
(c) the type and production number of the aircraft;
(d) the date of expected entry into service in the Czech Republic.
(3) The application to register an aircraft shall include:
(a) data under special legislation (1a) on the applicant;
(b) the name, names and surname, date of birth and permanent residence of the natural person, or the name, or the name, or the name, and surname, date of birth, place of business and identification number of the natural person who is an entrepreneur, or the name, seat and identification number of the legal person who is the owner or operator of the aircraft, unless he is simultaneously an applicant;
(c) an indication of the type and type of aircraft, the production number of the aircraft and other basic technical information on the aircraft.
(4) An application to register an aircraft shall be accompanied by:
(a) a certified copy of the contract or of the instrument of establishment or establishment of a legal person, in the case of legal persons, by means of an extract from the commercial register or other registration under specific legislation, in the case of business individuals, by an extract from the commercial register or a certified copy of the relevant business authorisation;
(b) a certified copy of the document certifying the operator's legal relationship with the aircraft and of the document certifying the owner's consent to register, unless the owner is simultaneously an aircraft operator;
(c) proof of the agreed liability insurance for aircraft operations and proof of payment of insurance premiums;
(d) where the aircraft is operated only for sports and recreational purposes, by a declaration of that fact;
(e) in the case of imports, a confirmation that the aircraft is not registered in the State from which it is imported;
(f) a certified copy of the pledge document binding on the aircraft, if established.
(5) The application for entry of a lien in respect of an aircraft registered in an aircraft contains:
(a) data according to the specific legislation (1a) on applicants;
(b) the determination of the claim for which the lien was established, including the amount and maturity of the claim;
(c) the designation of the aircraft on which the lien is established, indicating the type and type of aircraft, the registration number of the aircraft and the production number of the aircraft.
(6) A copy or a certified copy of the proof of establishment of the aircraft lien shall be annexed to the application for a lien on an aircraft registered.
(1a) § 45 of Act No. 500 / 2004 Coll., Administrative Regulation. '
3. Paragraph 2, including the title and footnote 2, reads as follows:
Forms of application for product type-approval and supporting documents
(to Article 7 (8) of the Law)
(1) The legal or natural person applying for product type-approval shall submit to the Civil Aviation Authority (hereinafter referred to as "the Authority") an application in which, in addition to the general requirements (1a), he shall indicate:
(a) the product type,
(b) the purpose for which the product is to be used;
(c) the regulations and technologies under which the construction of the product will or has been carried out.
(2) The applicant shall accompany the application with the following documents:
(a) a certified copy of the contract or of the instrument of establishment or establishment of a legal person, an extract from the Commercial Register or any other register under specific legislation, an extract from the Commercial Register or a certified copy of the relevant business authorisation,
(b) documentation of compliance with the requirements laid down in Regulation (2) on product safety and environmental protection;
(c) proof of compliance with the rules under which the product has been constructed or a list of the rules under which the product will be constructed;
(d) technical details of the product needed for the issue of the airworthiness certificate;
(e) a product type-approval certificate issued by another State for a product put into service in the Czech Republic, including type-approval documentation with a change service,
(f) complete accompanying documentation of the product put into service in the Czech Republic.
2) Convention No 147 / 1947 Coll., as amended by Decree No 29 / 1957 Coll. - Annexes 6, 8 and 16. '
4. Paragraph 3, including the title and footnote 3, reads as follows:
Method of product type-approval
(to Article 7 (8) of the Law)
(1) The Authority, when approving a product type, will assess compliance with the product safety and environmental requirements; may require technical tests to be carried out with the participation of the Authority or with the participation of a foreign aviation authority.
(2) The Authority shall, when approving a product, proceed according to the rules applicable to type-approval (3) of the product on the date of application, depending on the territory where the product is to be operated.
3) Convention No. 147 / 1947 Coll., as amended by Decree No. 29 / 1957 Coll. - Annex No. 8. '
5. The following Section 4a is inserted after Section 4:
(to § 12a (7) of the Act)
The model of the report referred to in § 12a (5) of the Act is set out in Annex 9 to this Decree. '
6.
Aircraft parts and equipment and ground equipment and the particulars of the application for approval of their competence
(Articles 16 (1) and (2) of the Law and 17 (1) of the Law)
(1) The list of parts and appliances and aeronautical ground equipment whose development, design, production, testing, installation, maintenance, repair, modification and design changes may be carried out by a legal or natural person authorised to do so by the Authority and which may be used in civil aviation only if they have been approved or recognised as having their competence is set out in Annex 1 to this Decree.
(2) In the application for approval of the airworthiness of parts and appliances and aeronautical ground equipment, the applicant shall indicate, in addition to the general requirements (1a):
(a) the type of aircraft part and equipment and air ground equipment;
(b) the purpose for which the component and equipment and aeronautical ground equipment are to be used;
(c) the regulations and technologies under which the component and equipment and ground equipment are or have been developed.
(3) The applicant shall accompany the application with the following documents:
(a) a certified copy of the contract or of the instrument of establishment or establishment of a legal person, an extract from the Commercial Register or any other register under specific legislation, an extract from the Commercial Register or a certified copy of the relevant business authorisation,
(b) documentation of compliance with the requirements laid down in Regulation (2) on the characteristics of parts and appliances and aeronautical ground equipment;
(c) the technical details of the component and equipment and of the ground equipment needed for the approval or recognition of the competence of the component and equipment and of the ground equipment. ';
7.
Forms of application for authorisation for development, design, production, installation, repair, testing and maintenance of products, parts and appliances and aeronautical ground equipment
(Article 17 (3) of the Law)
The legal or natural person intending to carry out the development, design, manufacture, installation, repair, testing and maintenance of products, parts and appliances and aeronautical ground equipment shall submit to the Authority an application for authorisation for such activity, in which, in addition to the general requirement (1a) shall indicate:
(a) the definition of the activity under consideration;
(b) the identification of the persons responsible for checking the quality of production;
(c) the names, surnames and qualifications of the persons proposed by the applicant to the Office for the purpose of conducting supervision;
(d) in the case of a legal person, a certified copy of the contract or instrument of establishment or establishment of a legal person, in the case of legal persons registered in the commercial register, an extract from the commercial register;
(e) type-approval certificates or certificates of suitability for parts and appliances and aeronautical ground equipment,
(f) the design of the production organisation, including the manufacturer's organisation scheme indicating the obligations and responsibilities and the designation of the representative responsible and the persons responsible for quality control of production;
(g) quality management and control system for production;
(h) a description of the tests necessary to demonstrate compliance with the approved type;
(i) a list of manufacturing and accompanying technical documentation including maintenance, repair and testing documentation, for the prototype, a list of documentation characterising the characteristics of the product, parts and appliances and of the aircraft ground equipment; for the taking over of the production of the product, part and equipment and of the air ground equipment of an approved type, an updated list of the production and accompanying documentation taken over, a description of the production and testing equipment;
(j) a list of the names and addresses of the subcontractors supplying the products, parts and appliances and of the ground equipment to which a type-approval certificate has been issued by the Authority, or a consent to the use of the product, part and appliances and aeronautical ground equipment in civil aviation, as well as a list of subcontractors whose products, parts and appliances and aeronautical ground equipment are subject to state professional supervision by the Authority; in the case of foreign subcontractors, documents demonstrating the capability of the product, component and equipment supplied and the aircraft ground ground equipment for civil aviation use;
(k) a description of the method and forms of identification of the units meeting the requirements of Regulation (3). ';
8. The following Section 6a is inserted after Section 6, including footnote 3a:
The provisions of paragraphs 2 to 6 shall apply to legal relationships which are not covered by the directly applicable regulation of the European Communities (3a).
(3a) 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. ';
9. In Section 7 of the introductory part of the provision, the words "or physical 'shall be inserted after the word" legal'.
10. In Section 8, the words "the production, repair, testing or maintenance of aircraft and their components' are replaced by the words" the development, design, manufacture, installation, repair, testing or maintenance of products, parts and appliances and ground flying equipment '.
11. in Article 8 (1), the words "production, repair, testing or maintenance of aircraft and their components" shall be replaced by the words "development, design, production, installation, repair, testing and maintenance of products, parts and appliances and aerial ground equipment."
12. The following Sections 8a to 8d are inserted after Section 8, including the headings and footnotes No 4a:
Encoded devices
(to Paragraph 17a (1) of the Law)
Other coded devices that may be assigned an aircraft address ("coded devices') are:
(a) vehicles moving on the surface of an aerodrome which are laid down by aviation regulations;
(b) ground control transponders;
(c) equipment developed or repaired;
(d) other equipment used for civil or military aviation purposes.
Details of the application for an aircraft address and supporting documents
(to Paragraph 17b (5) of the Law)
(1) An application for an aircraft's address shall contain:
(a) data under special legislation (1a) on the person who is the aircraft operator;
(b) an indication of the type of aircraft and its serial number.
(2) The application for the allocation of an aircraft address to a sporting flying device contains:
(a) information pursuant to special legislation (1a) on the person who is the operator or pilot of the sport flying equipment;
(b) the type of sport flying equipment and its basic technical data.
(3) The application for the assignment of an aircraft address to a coded device contains:
(a) data pursuant to the special legislation (1a) on the person who is the operator of the coded device;
(b) description, location and basic technical data of the coded equipment;
(c) the reason for the request to assign an aircraft address to the coded equipment.
(4) The application for an aircraft address shall be supported by:
(a) the written consent of the owner of the aircraft or of the sports flying equipment or of the coded equipment, unless the owner is at the same time the aircraft operator or operator or pilot of the sport flying equipment or operator of the coded equipment;
(b) a certificate of registration of the aircraft in the register or a valid technical certificate of the sport flying equipment;
(c) by homologous decision on the S4a secondary surveillance radar transponder for aircraft or sports flying equipment, issued by the Czech Telecommunications Authority.
Details of keeping a list of assigned aircraft addresses
(to Paragraph 17d (4) of the Law)
(1) The list of assigned aircraft addresses is composed of:
(a) from the aircraft address database; and
(b) the database of aircraft, sports flying equipment and coded equipment.
(2) Each aircraft address, except those allocated to the Ministry of Defence, shall be indicated:
(a) the registration number of the aircraft or the sport flying equipment;
(b) the type of aircraft or sports flying equipment or coded equipment;
(c) the operator of the aircraft or operator or pilot of the sport flying equipment or the operator of the coded equipment;
(d) the owner of the aircraft or sports flying equipment or coded equipment;
(e) the date of designation of the aircraft address;
(f) date of withdrawal of the aircraft address,
(g) information on changes in the data referred to in points (a) to (f).
(3) For aircraft addresses allocated to the Ministry of Defence, only the data referred to in paragraph 2 (e) and (f) are given.
(4) For each aircraft or sport flying gear or coded equipment, indicate:
(a) a valid assigned aircraft address;
(b) the date of designation of the aircraft address;
(c) the date of withdrawal of the aircraft address;
(d) an indication of the previously assigned aircraft addresses including the allocation and withdrawal dates.
Application for recognition of a pilot licence, air navigator and cabin engineer issued by another Member State of the European Union
(Article 19a (7) of the Law)
The application for recognition of a pilot licence, an air navigator and an on-board engineer issued by another Member State of the European Union shall be supported by an applicant licence issued by an authorised authority of another Member State of the European Union. ';
13. In the title of Section 9, "Paragraph 25 (2) of the Act 'is replaced by" Paragraph 25 (3) of the Act'.
14. in Article 9 (1) (a):
"(a) the particulars referred to in the specific legislation (1a) ';
15. the following Section 9a is inserted after Section 9, including the title and footnote 4a:
Forms of application for designation of an airport as an airport with planned operation or a coordinated airport
(to Paragraph 32 (1) of the Law)
The request to designate an airport as an airport with planned operations or a coordinated airport shall include:
(a) details of the person who is an airport operator or air carrier according to the special legislation (1a);
(b) a copy of the permit to operate an airport or a licence to operate a commercial air transport service;
(c) analysis of airport capacity in accordance with the directly applicable European CommunityRegulation (4a).
(4a) Article 3 (3) of Council Regulation (EEC) No 95 / 93 of 18 January 1993 on common rules for the allocation of slots at Community airports. "
16. The heading above Section 10 is deleted.
17.
Forms of application for airport time allocation
(Article 32 (3) of the Law)
The application for airport time shall include:
(a) data under special legislation (1a) on the person who is an aircraft operator or air carrier;
(b) type of aircraft, registration or registration number and seat capacity;
(c) the required aerodrome time or times, days of operation, flight number, estimated take-off and landing time and aerodrome of subsequent landing and previous take-off;
(d) the estimated number of passengers and the estimated quantity of cargo;
(e) the purpose of the flight. ';
18.
Airport manual formalities
(to § 34a (4) of the Act)
The Airport Manual shall be established in accordance with the schedule set out in Annex 5 to this Decree and shall be signed by the statutory authority or responsible representative of the airport operator. ';
19. The following Sections 14a and 14b are inserted after Section 14, including the headings and footnotes Nos 8a and 8b:
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 359 / 2006 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, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.07.2006 |
|---|---|
| Effective from | 18.07.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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