What is Act No. 431 / 2022 Coll.?

Act No. 431 / 2022 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 other related laws — 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 other related laws.

When it became Act No. 431 / 2022 Coll. effectiveness?

Act No. 431 / 2022 Coll. became effective 01.01.2023.

Is Act No. 431 / 2022 Coll. still valid?

Yes, Act No. 431 / 2022 Coll. is still valid and effective.

How many times was it Act No. 431 / 2022 Coll. amended?

Act No. 431 / 2022 Coll. has 4 time versions of the text.

Act No. 431 / 2022 Coll. - Act amending Act No. 49 / 1997 Coll., on...

431

THE LAW

of 1 December 2022

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 other related laws

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. 146 / 2000 Coll., Act No. 258 / 2002 Coll., Act No. 167 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 250 / 2014 Coll., Act No. 298 / 2016 Coll., Act No. 225 / 2006 Coll., Act No. 124 / 2008 Coll., Act No. 137 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 127 / 2009 Coll., Act No. 301 / 2009 Coll., Act No. 301 / 2009 Coll., Act No. 407 / 2010 Coll., Act No. 137 / 2011 Coll.

1. In the title of the Act, the words "and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended," are deleted.

2. In footnote 1a, the sentence "Regulation (EC) No 216 / 2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency and repealing Council Directive 91 / 670 / EEC, Regulation (EC) No 1592 / 2002 and Directive 2004 / 36 / EC, as amended 'is deleted.

3. At the end of footnote 1a, the sentences are added to the separate rows

"Commission Implementing Regulation (EU) 2015 / 1998 of 5 November 2015 laying down measures for the implementation of the common basic standards on aviation security, as amended. Regulation (EU) 2018 / 1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, amending Regulations (EC) No 2111 / 2005, (EC) No 1008 / 2008, (EU) No 996 / 2010, (EU) No 376 / 2014 and Directives 2014 / 30 / EU and 2014 / 53 / EU of the European Parliament and of the Council and repealing Regulations (EC) No 552 / 2004 and (EC) No 216 / 2008 and Council Regulation (EEC) No 3922 / 91. Commission Delegated Regulation (EU) 2019 / 945 of 12 March 2019 on unmanned systems and on unmanned systems operators from third countries, as amended. Commission Implementing Regulation (EU) 2019 / 947 of 24 May 2019 on rules and procedures for the operation of unmanned aircraft, as amended. Commission Implementing Regulation (EU) 2021 / 664 of 22 April 2021 on the regulatory framework for the airspace of Uspace. '

4. in Article 1 (1), the following point (g) is inserted after point (f):

"(g) conditions for operation and management of the unmanned system;"

Points (g) to (j) shall be renumbered as points (h) to (k).

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

6. In Article 3 (3), the words "the European Aviation Safety Agency (hereinafter" the Agency ') on the basis of the directly applicable Regulation of the European Communities (1c)' are replaced by the words "the European Union Aviation Safety Agency (hereinafter" the Agency ') on the basis of the directly applicable Regulation of the European Union governing common rules in the field of civil aviation (1c)'.

Footnote 1c reads:

"(1c) Regulation (EU) 2018 / 1139 of the European Parliament and of the Council. ';

7. In Article 11, the words "European Union1c) 'are replaced by the words" European Union governing common rules in the field of civil aviation 1c)';

8. In Paragraph 42h, the word "average 'is inserted after the words" 15%'.

9. In Paragraph 42h, the words "in the previous calendar year 'are replaced by the words" in the previous 5 calendar years'.

10. In Paragraph 43, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) Where the conditions laid down in a directly applicable European Union Regulation governing common rules in the field of civil aviation (1c) under which the removal of an airport from its competence is possible are met, the Authority shall decide, at the request of the builder, operator or owner of the airport, that the design, maintenance and operation of the airport and the safety equipment used at that airport are not to be applied to the design, maintenance and operation of the airport and the European Union provisions directly applicable on its basis. If a directly applicable European Union regulation governing common rules in the field of civil aviation (1) (c) so provides, or if the airport operator so requests, the Authority shall revoke the decision adopted in accordance with the first sentence. ';

11. In Paragraph 44 (3), at the end of the second sentence, the words "and, if a measure of a general nature is to be issued for environmental reasons, with the Ministry of the Environment 'shall be added.

12. In the first sentence of Paragraph 44 (6), the word "applications' is replaced by" initiatives'.

13. In Paragraph 44, the sentence "If the Authority does not find the grounds for a measure of a general nature shall be added at the end of paragraph 6, it shall inform the complainant within 30 days of the date on which the complaint was received. '

14. In Article 44 (7), the words "the conditions for the reservation of parts of the airspace of the Czech Republic and other elements of the application referred to in paragraph 6," shall be replaced by the words "and the conditions for the reservation of parts of the airspace of the Czech Republic."

15. in Paragraph 44b, the following paragraph 4 is added:

"(4) For the temporary reservation of part of the airspace of the Czech Republic to fly one user or category of users pursuant to § 44 (5), the part of the sixth administrative order shall not apply. '.

16. The following Sections 44d to 44j are inserted after Section 44c, including footnotes 39 to 41:

„§ 44d

Paragraph 44 (2) to (6) shall not apply to the issue of rules or guidelines on the use of the airspace of the Czech Republic relating exclusively to unmanned aircraft. However, if there is a temporary reservation of part of the airspace of the Czech Republic in which only military unmanned aircraft are to be permitted to fly, an instruction pursuant to § 44 (5) or a measure of a general nature pursuant to § 44 (6) shall be issued instead of a general measure.

§ 44e

(1) The Authority may permanently prohibit, restrict or lay down conditions for the use of the airspace of the Czech Republic for the purpose of flying unmanned aircraft over designated areas for the purpose of protecting the life, health, property or privacy of persons, civil aviation security, critical infrastructure or the environment, or for the protection or defence of the State.

(2) Measures of a general nature shall be issued by the Office in agreement with the Ministry of Defence. The draft measures of a general nature shall also be discussed by the Office with the other institutions concerned:

(a) the Ministry of the Environment, if measures of a general nature are to be issued for environmental protection purposes; and

(b) a person responsible for the performance of the public administration in matters relating to sports flying equipment, in so far as the proposal for measures of a general nature concerning the flying of unmanned aircraft

1. at the airport or its protection zone,

2. at a height exceeding 120 m above the terrain; or

3. on an area permanently used for take-off and landing of sports flying equipment and within a radius of 5,5 km from its centre.

(3) Opposition against a draft measure of a general nature may be raised by organisations bringing together unmanned systems operators in the Czech Republic, by operators of unmanned systems, if they are associations in accordance with § 54n, and by other persons whose legitimate interests may be directly affected by a measure of a general nature. Opposition against a draft measure of a general nature concerning the flight of unmanned aircraft pursuant to paragraph 2 (b). (b) point 1 may also be submitted by the operator of the airport concerned.

(4) Measures of a general nature and its proposal will only be published by the Office on its official record.

§ 44f

(1) The Authority may permanently define part of the airspace of the Czech Republic by measures of a general nature in which flight of unmanned aircraft will not be subject to any of the requirements laid down for an open category of operations directly applicable to the European Union Regulation on the operation of unmanned aircraft (39).

(2) Measures of a general nature shall be issued by the Office in agreement with the Ministry of Defence. The draft measures of a general nature shall also be discussed by the Authority with the other authorities concerned, which are the person responsible for the exercise of the public administration in matters of sports flying equipment and the municipality whose administrative area is to be situated over the defined part of the airspace.

(3) Measures of a general nature shall be published by the Authority in the Aeronautical Information Manual upon entry into force.

§ 44g

(1) The Authority may, by measures of a general nature, permanently or temporarily define a part of the airspace of the Czech Republic in which, in order to ensure the safe, efficient, continuous and coordinated operation of unmanned systems, services for their controlled operation will be provided in accordance with the directly applicable regulation of the European Union governing the space with controlled operation of unmanned systems (40).

(2) Measures of a general nature shall be issued by the Office in agreement with the Ministry of Defence. The draft measures of a general nature shall also be discussed by the Authority with the other authorities concerned, which are the person in charge of the performance of the public administration in matters of sports flying equipment and, if the defined part of the airspace is to interfere with a height of less than 300 m above the terrain, the municipality over which the administrative district is to be situated.

(3) Opposition against a draft measure of a general nature may be raised by a provider of a common information service and service providers for the controlled operation of unmanned systems in accordance with the directly applicable European Union Regulation governing the space with the controlled operation of unmanned systems (40), by air service providers, by organisations associated with unmanned systems operators in the Czech Republic, by operators of unmanned systems, if they are unmanned operators under § 54n, and, if so determined by the Authority, by other persons whose legitimate interests may be directly affected by a measure of a general nature.

(4

(a) the conditions of use of the defined part of the airspace of the Czech Republic;

(b) the technical requirements to be met by the unmanned system operated in the defined part of the airspace of the Czech Republic;

(c) the conditions for separation of operations of unmanned aircraft and other aircraft in the defined part of the airspace of the Czech Republic;

(d) the definition of services for the controlled operation of unmanned systems provided in the defined part of the airspace of the Czech Republic and the requirements for such services imposed;

(e) providers of common information services;

(f) the rules for making traffic data available by the provider of the common information service, service providers for the controlled operation of unmanned systems and air traffic service providers; and

(g) rules on access to data provided by a common information service provider.

(5) Measures of a general nature shall be published by the Authority in the Aeronautical Information Manual after taking effect.

§ 44h

(1) If public policy, the security of persons or property or the defence of the State is seriously threatened or if this is necessary for the performance of the task of the police of the Czech Republic and if it is not otherwise possible for the danger of delay, the Authority shall prohibit, restrict or lay down conditions for the use of the airspace of the Czech Republic for the purpose of flying unmanned aircraft over defined areas; This does not apply if it is necessary to immediately prohibit, restrict or lay down conditions for the use of the airspace of the Czech Republic to fly unmanned aircraft for the purpose of carrying out the task of the Police of the Czech Republic.

(2) A measure of a general nature is to be issued by the Office in an agreement with the Ministry of Defence, which is the institution concerned in the procedure for its proposal.

(3) The draft measures of a general nature shall not be published and observations or objections shall not be submitted.

(4) Measures of a general nature should only be published by the Office on its official record. A measure of a general nature shall take effect at the time of the publication of the public order.

(5) A member of the Police of the Czech Republic shall be entitled to issue an instruction which, to the extent necessary and for the period strictly necessary, will restrict, restrict or lay down conditions for the use of the airspace of the Czech Republic for the purpose of flying unmanned aircraft over specified areas, if such instruction is necessary immediately for the purpose of carrying out the task of the Police of the Czech Republic.

§ 44i

(1) The Authority may, at the initiative of a person who proves that his rights are to be protected by such measures or has a legitimate interest in such a measure, temporarily and for a maximum period of 5 consecutive days, define a part of the airspace of the Czech Republic in which:

(a) prohibit, restrict or lay down conditions for the use of the airspace of the Czech Republic for the purpose of flying unmanned aircraft; or

(b) allow the flight of unmanned aircraft by one unmanned aircraft operator or category of unmanned aircraft operators.

(2) If the Authority finds no reason for a measure of a general nature, it shall inform the complainant within 30 days of receipt of the complaint.

(3) In proceedings on a draft measure of a general nature, the Authority will take into account whether:

(a) the protection of the rights or legitimate interests pursued by the complaint provider cannot be achieved otherwise;

(b) the interest in maintaining the accessibility of the airspace of the Czech Republic does not outweigh the interest in protecting the rights or legitimate interests of the complainant; and

(c) the time and scope of the required definition of part of the airspace of the Czech Republic are not disproportionate.

(4) Measures of a general nature will be issued by the Office in agreement with the Ministry of Defence. The draft measures of a general nature shall also be discussed by the Authority with the other authority concerned, which is the municipality over which the designated part of the airspace is to be located. The period of publication of a draft measure of a general nature shall be at least 5 days.

(5) Any objection to a draft measure of a general nature may be made within 10 days of the date of its publication by an organisation bringing together unmanned systems operators in the Czech Republic, by operators of unmanned systems, if they are associations pursuant to § 54n, and, if so determined by the Authority, by other persons whose legitimate interests may be directly affected by a measure of a general nature.

(6) The general measure shall take effect on the fifth day following the date of publication of the public order.

§ 44j

(1) The digital map for the use of the airspace of the Czech Republic to fly unmanned aircraft (hereinafter referred to as the "digital map") is a public administration information system, the administrator of which is the Office.

(2) The digital map shows the parts of the airspace of the Czech Republic and their related

(a) rules on the flight of unmanned aircraft defined by general measures of a general nature issued under this Act;

(b) guidelines issued pursuant to Article 44 (5) or Article 44h (5); and

(c) the rules on the flight of unmanned aircraft laid down in a separate legislation41).

(3) Parts of the airspace of the Czech Republic and the relevant guidelines issued pursuant to § 44h (5) shall be marked in the digital map immediately after their publication by the Police of the Czech Republic.

(4) Guidelines issued pursuant to Article 44 (5) or Article 44h (5) shall take effect as soon as they are published in the digital map.

(5) The data contained in the digital map are publicly available in an exchange format in a way that allows remote access.

(6) The data contained in the digital map, the way in which they are managed and the exchange format shall be laid down in implementing legislation.

39) Commission Implementing Regulation (EU) 2019 / 947, as amended.

40) Commission Implementing Regulation (EU) 2021 / 664.

41) For example Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended. '

17. After Paragraph 50, the following Section 50a is inserted:

„§ 50a

Flight of fire-fighting unmanned aircraft

Unless it is otherwise possible to ensure that the primary task of the Fire Rescue Corps of the Czech Republic is performed under the Fire Rescue Corps Act, it is possible, exceptionally, to derogate from the rules of flight when flying fire-fighting unmanned aircraft to the extent necessary. In such a case, care must be taken to ensure that the safety of flying is not compromised and to ensure coordination of the flight of fire-fighting unmanned aircraft with military, police and customs aircraft flying. '

18. Paragraph 52 shall be deleted, including the title.

19. in Part Five, the following Title IV is inserted after Title III, including the title and footnote 42:

„HLAVA IV

TECHNICAL SYSTEMS

Díl 1

Unmanned systems operators

§ 54a

Register of unmanned systems operators

(1) The registry of unmanned system operators is a public administration information system, the administrator of which is the Office. The register shall keep the data in a manner and to the extent directly applicable by the European Union Regulation governing the operation of unmanned aircraft (39).

(2) The operator of the unmanned system, which is obliged to register under the directly applicable European Union Regulation governing the operation of unmanned aircraft (39), may also, in order to fulfil this obligation, make submissions in a manner that allows remote access through the user interface established by the Authority; in this case, the operator of the unmanned system must be identified by means of electronic identification means according to the legislation governing the electronic identification (42).

(3) The Authority shall ensure in a manner that allows remote and continuous access to the provision of data maintained in the registry of unmanned systems operators

a) Ministry of Transport, Ministry of Defence and Police of the Czech Republic,

(b) to the competent authority of another Member State of the European Union, the Agency and the European Commission; and

(c) providers of air traffic services, providers of common information services and providers of services for the controlled operation of unmanned systems pursuant to the directly applicable European Union regulation governing the space with controlled operation of unmanned systems 40), providing services in the airspace of the Czech Republic defined for the controlled operation of unmanned systems pursuant to § 44g.

(4) The Office shall also provide the information kept in the Register at the request of a person who shows a legal interest in providing it.

(5) The operator of the unmanned system shall notify the Authority of the change to the data entered in the register of unmanned systems operators within 15 days of the date on which it occurred; the notification may also be made in accordance with paragraph 2. The Office shall record the change of the data on the basis of the notification in the registry.

(6) The Authority shall enter in the register of unmanned systems operators an indication that the unmanned system operator has ceased operating the unmanned systems when the unmanned system operator has notified the Authority of this fact or if the Authority has become aware that the unmanned system operator has died or died. The Authority shall delete the registry operator's registration from the registry five years after the date on which the closure data consisting of the operation of the unmanned systems into the registry were entered.

§ 54b

Service via user interface

(1) An applicant for authorisation to operate unmanned systems in a specific category of operations under the directly applicable European Union Regulation governing the operation of unmanned aircraft (39) may also submit an application for such authorisation in a way that allows remote access through a user interface established by the Authority; in this case, the applicant must be identified by means of electronic identification in accordance with the legislation governing the electronic identification (42).

(2) A person intending to operate an unmanned system in a specific category of operations in accordance with the standard scenario according to the directly applicable European Union Regulation governing the operation of unmanned aircraft (39) may also make a declaration of compliance with the standard scenario in a manner enabling remote access through the user interface established by the Authority; in this case, the person must be identified by means of electronic identification in accordance with the legislation governing the electronic identification (42).

§ 54c

Restriction and withdrawal of authorisations of unmanned systems operators

(1) The Authority shall withdraw the authorisation to operate unmanned or light-duty unmanned systems in a specific category of operation if the holder so requests. If the holder of an authorisation to operate unmanned systems or light unmanned systems has ceased to comply with the conditions for granting it laid down by the directly applicable European Union Regulation governing the operation of unmanned aircraft (39) or has seriously breached the obligation laid down by this directly applicable regulation, the Authority shall, depending on the nature and extent of the deficiencies identified, restrict or withdraw the authorisation. The restriction of authorisation shall be made by limiting the purpose or manner of operation of unmanned systems or by limiting the part of the airspace of the Czech Republic that can be used for flying unmanned aircraft.

(2) Where the Authority has decided to restrict the authorisation to operate unmanned systems or light unmanned systems, it shall issue to the operator of the unmanned system a new document certifying the authorisation to operate unmanned systems with a period of validity corresponding to the period of validity of the original document or a new certificate of the light unmanned systems operator. The operator of the unmanned system shall forward the original document or certificate to the Authority within 5 days of the date of issue of the new document or certificate.

(3) Where the Authority has decided to withdraw authorisations for the operation of unmanned systems or light unmanned systems, the operator of the unmanned system shall submit a document certifying the operation of unmanned systems or the operator of the light unmanned systems to the Authority within 5 days of the date on which the decision becomes final.

§ 54d

Insurance

(1) The operator of the unmanned aircraft in subcategory A2 of the open category of operations, the operator of the unmanned system in subcategory A3 of the open category of operations, if the maximum take-off mass of the unmanned aircraft exceeds 4 kg, and the operator of the unmanned aircraft in the specific category of operations must have agreed on liability insurance for unmanned aircraft operations and insurance premiums throughout the operation of the unmanned system; This does not apply if the operator of the unmanned cooperative system is in accordance with § 54n or a member of such a association.

(2) Unless a directly applicable European Union regulation governing insurance of air carriers and aircraft operators (10a) provides otherwise, liability insurance from the operation of the unmanned aircraft system is agreed

(a) in the open category of operations in relation to all unmanned systems operated by their operator; and

(b) in the specific category of operation in relation to each unmanned system separately.

(3) The minimum level of the insurance claims limit for each category and subcategory of operation is laid down in the implementing legislation, unless the level of the insurance claims limit is determined by a directly applicable European Union regulation governing insurance of air carriers and aircraft operators (10a).

Díl 2

Remote control pilots

§ 54e

(1) The Authority shall issue a certificate of competence for the management of the unmanned system in subcategories A1 and A3 of the open category of operations at the request of a person who has completed the training and successfully passed the examination of the theoretical knowledge needed to manage the unmanned system in the open category of operations under the directly applicable European Union Regulation governing the operation of unmanned aircraft (39). The certificate shall be issued by the Office instead of a written copy of the decision.

(2) The teaching and examination shall be carried out by the Office or by the person empowered by it. Teaching and examination shall be carried out by candidates for their execution.

(a) by means of electronic identification in accordance with the legislation governing electronic identification42); or

(b) by computer at the place designated by the Office or by the person authorised by it after the Office or the person authorised by it has verified its identity.

(3) The test consists of a test in accordance with a directly applicable European Union Regulation governing the operation of unmanned aircraft (39). The test shall be evaluated and the results obtained by the Authority immediately after its execution shall be automated.

(4) The person who has completed the training and passed the examination shall submit an application for a certificate of competence to manage the unmanned system in subcategories A1 and A3 of the open category of operation immediately after its successful composition,

(a) in a way that allows remote access; or

(b) by computer at the place of implementation.

(5) The procedure for an application which was not submitted immediately after the successful completion of the examination will be terminated by the Office by a resolution.

(6) The application shall specify, in addition to the general procedural requirements laid down in the administrative rules, whether the issue of the certificate is required in paper form or in electronic form. If the applicant requests the issue of a certificate in electronic form and does not have a data box available, he shall also indicate in the application the electronic address to which he requests it. The Office shall send the certificate in electronic form via the public data network to the data box or to that electronic address. If the certificate is sent to the electronic address indicated in the application, the decision granting it shall take effect on the date of dispatch.

(7) The holder of a certificate of competence to manage the unmanned system in subcategories A1 and A3 of the open category of operations shall notify the change to the data contained in that certificate to the Authority within 15 days of the date on which it took place and shall provide evidence showing the change. The Authority shall issue a new certificate with amended data and with a period of validity corresponding to the period of validity of the original certificate. For the content of the notification and the procedure of the Office, paragraph 6 shall apply mutatis mutandis.

(8) If the holder of a certificate of competence for the management of the unmanned system in subcategories A1 and A3 of the open category of operations has seriously breached the obligation of a remote pilot to operate the unmanned aircraft directly applicable by the European Union Regulation (39), the Authority will decide on its incompetence to control the unmanned system in that subcategory. The date on which the decision becomes final shall cease to be valid. If the certificate has been issued in paper form, it shall be surrendered by the person whose incompetence to manage the unmanned system has been decided, within 15 days of the date on which the decision becomes final. The person whose incompetence to manage the unmanned system has been decided may submit an application for a new certificate not earlier than six months after the date on which the decision was given.

(9) The model of the certificate of competence for the management of the unmanned system in subcategories A1 and A3 of the open category of operation shall be laid down in the implementing legislation.

§ 54f

(1) The Authority shall issue a certificate of competence for the management of the unmanned system in subcategory A2 of the open category of operations under the directly applicable European Union Regulation governing the operation of unmanned aircraft (39) at the request of a person who has successfully passed an additional test of theoretical knowledge under this directly applicable Regulation no more than 3 months before the application. The certificate shall be issued by the Office instead of a written copy of the decision.

(2) The additional examination shall be carried out by the Office or by a person authorised by it.

(3) An additional test may be performed by a person who:

(a) establish its identity;

(b) holds a valid certificate of competence to manage the unmanned system in subcategories A1 and A3 of the open category of operation; and

(c) declare honestly that it has acquired practical skills to manage the unmanned system in accordance with the directly applicable European Union Regulation governing the operation of unmanned aircraft (39).

(4) Before carrying out an additional examination, the Office or the delegate shall verify compliance with the conditions laid down in paragraph 3. The additional test shall be carried out by computer technology at the site designated by or by the Authority and shall consist of a test according to the directly applicable European Union Regulation governing the operation of unmanned aircraft (39). The test shall be evaluated and the results obtained by the Authority immediately after its execution shall be automated. Where an additional test is carried out by the authorised person, the applicant shall bear the costs of carrying it out.

(5) The application shall specify, in addition to the general procedural requirements laid down in the administrative rules, whether the issue of the certificate is required in paper form or in electronic form. If the applicant requests the issue of a certificate in electronic form and does not have a data box available, he shall also indicate in the application the electronic address to which he requests it. The Office shall send the certificate in electronic form via the public data network to the data box or to that electronic address. If the certificate is sent to the electronic address indicated in the application, the decision granting it shall take effect on the date of dispatch.

(6) The holder of a certificate of competence for the management of the unmanned system in subcategory A2 of the open category of operations shall notify the change to the data contained in that certificate to the Authority within 15 days of the date on which it occurred and shall provide evidence showing the change. The Authority shall issue a new certificate with amended data and with a period of validity corresponding to the period of validity of the original certificate. For the content of the notification and the procedure of the Office, paragraph 5 shall apply mutatis mutandis.

(7) If the holder of a certificate of unmanned aircraft management certificate in subcategory A2 of the open category of operations has seriously breached the obligation for a remote pilot to operate the unmanned aircraft directly applicable by the European Union Regulation (39), the Authority shall decide on its incompetence to drive the unmanned aircraft in that subcategory. The date on which the decision becomes final shall cease to be valid. If the certificate has been issued in paper form, it shall be surrendered by the person whose incompetence to manage the unmanned system has been decided, within 15 days of the date on which the decision becomes final. The person whose incompetence to manage the unmanned system has been decided may submit an application for a new certificate not earlier than six months after the date on which the decision was given.

§ 54g

(1) The Authority shall issue a certificate of theoretical knowledge needed to manage the unmanned system in accordance with the standard scenario in the specific category of operations in accordance with the directly applicable European Union Regulation governing the operation of unmanned aircraft (39), at the request of a person who has successfully passed an additional test of theoretical knowledge in accordance with this directly applicable Regulation no more than 3 months before the application. The certificate shall be issued by the Office instead of a written copy of the decision.

(2) The additional examination shall be carried out by the Office or by a person authorised by it.

(3) An additional test may be performed by a person who:

(a) establish its identity; and

(b) holds a valid certificate of competence to manage the unmanned system in subcategories A1 and A3 of the open category of operation.

(4) Before carrying out an additional examination, the Office or the delegate shall verify compliance with the conditions laid down in paragraph 3. The additional test shall be carried out by computer technology at the site designated by or by the Authority and shall consist of a test according to the directly applicable European Union Regulation governing the operation of unmanned aircraft (39). The test shall be evaluated and the results obtained by the Authority immediately after its execution shall be automated. Where an additional test is carried out by the authorised person, the applicant shall bear the costs of carrying it out.

(5) The application shall specify, in addition to the general procedural requirements laid down in the administrative rules, whether the issue of the certificate is required in paper form or in electronic form. If the applicant requests the issue of a certificate in electronic form and does not have a data box available, he shall also indicate in the application the electronic address to which he requests it. The Office shall send the certificate in electronic form via the public data network to the data box or to that electronic address. If the certificate is sent to the electronic address indicated in the application, the decision granting it shall take effect on the date of dispatch.

(6) The holder of the theoretical knowledge certificate required to manage the unmanned system in accordance with the standard scenario in the specific category of operations shall notify the change to the data contained in that certificate to the Authority within 15 days of the date on which it took place and shall provide evidence showing the change. The Authority shall issue a new certificate with amended data and with a period of validity corresponding to the period of validity of the original certificate. For the content of the notification and the procedure of the Office, paragraph 5 shall apply mutatis mutandis.

(7) If the holder of a certificate of theoretical knowledge needed to manage the unmanned system in accordance with the standard scenario in a specific category of operations has seriously infringed the obligation of a remote pilot to operate the unmanned aircraft directly applicable by the European Union Regulation (39), the Authority shall decide on its incompetence to manage the unmanned system in accordance with the standard scenario. The date on which the decision becomes final shall cease to be valid. If the certificate has been issued in paper form, it shall be surrendered by the person whose incompetence to manage the unmanned system has been decided, within 15 days of the date on which the decision becomes final. The person whose incompetence to manage the unmanned system has been decided may submit an application for a new certificate not earlier than six months after the date on which the decision was given.

§ 54h

(1) The Authority may entrust the teaching and testing with computer technology referred to in Article 54e (2) (b) and the additional testing referred to in Article 54f and 54g to a person who has the right to use the non-residential premises and equipment necessary for the performance of such activities and who, himself or through his staff, shall ensure supervision of their implementation. The Office shall, under the authority of the Office, lay down the conditions for ensuring that these activities are properly carried out.

(2) The Office shall withdraw the delegation referred to in paragraph 1 if the delegate:

(a) so requested;

(b) no longer fulfils any of the conditions for delegation; or

(c) has seriously infringed the obligation laid down by this law or the condition laid down in the mandate.

§ 54i

(1) The Authority, at the request of the holder of a valid certificate of competence to manage the unmanned system in subcategories A1 and A3 or A2 of the open category of operations or of the holder of a valid certificate of theoretical knowledge needed to manage the unmanned system in accordance with the standard scenario in the specific category of operations, shall issue a new certificate if the applicant has received training to maintain the theoretical knowledge necessary to manage the unmanned system for the relevant subcategory of open category of operations or in accordance with the standard scenario in the specific category of operations. A new certificate shall be issued by the Office instead of a written copy of the decision.

(2) The application shall specify, in addition to the general procedural requirements laid down in the administrative rules, whether the issue of the certificate is required in paper form or in electronic form. If the applicant requests the issue of a certificate in electronic form and does not have a data box available, he shall also indicate in the application the electronic address to which he requests it. The Office shall send the certificate in electronic form via the public data network to the data box or to that electronic address. If the certificate is sent to the electronic address indicated in the application, the decision granting it shall take effect on the date of dispatch.

(3) The training shall be carried out by the Office or by a person authorised by it.

(4) The Office may delegate training to a person who:

(a) be competent to conduct such training or ensure its implementation through its competent staff member; and

(b) has a developed training plan ensuring that training is carried out within the scope of the topics set out in the directly applicable European Union Regulation governing the operation of unmanned aircraft (39).

(5) The professional competent to conduct training is the one who:

(a) have completed at least a secondary education with a graduate examination;

(b) has at least 3 years of experience in the operation or management of unmanned systems; and

(c) have successfully passed the examination before a three-member expert commission whose members are appointed and dismissed by the Director-General of the Office.

(6) Under the authority of the Office, the conditions for ensuring the proper conduct of the training are laid down.

(7) The training shall be carried out at a place designated by the Office or by a person authorised by it. The Office or the authorised person shall verify the identity of the trainee before commencing. The authorising officer shall carry out training in accordance with the training plan ensuring that training is carried out within the scope of the topics set out in the directly applicable European Union Regulation governing the operation of unmanned aircraft (39). The authorised person shall send a certificate of completion of the training by a participant to the Office electronically immediately after its completion. The cost of the training shall be borne by the participant.

(8) The office of delegation shall withdraw the delegation if the delegate: