Decree No. 98 / 2023 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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98
DECLARATION
of 27 March 2023
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 for the Act No. 49 / 1997 Coll., on Civil Aviation, as amended by Act No. 146 / 2000 Coll., Act No. 258 / 2002 Coll., Act No. 225 / 2006 Coll., Act No. 301 / 2009 Coll., Act No. 407 / 2010 Coll., Act No. 137 / 2011 Coll., Act No. 127 / 2014 Coll., Act No. 261 / 2002 Coll., and Act No. 431 / 2022 Coll., for the implementation of Section 35 (1) and (3), § 44 (7), § 44j (6), § 51a (11), § 54d (3), § 54e (9), § 54i (9), § 54k (10) and § 54l (4):
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 Code Act), as amended, as amended, Decree No. 101 / 1999 Coll., Decree No. 244 / 2003 Coll., Decree No. 359 / 2006 Coll., Decree No. 410 / 2006 Coll., Decree No. 64 / 2010 Coll., Decree No. 314 / 2010 Coll., Decree No. 4 / 2013 Coll., Decree No. 271 / 2014 Coll., Decree No. 9 / 2015 Coll., Decree No. 2 / 2018 Coll. and Decree No. 66 / 2019 Coll., is amended as follows:
1. In footnote 20, the sentence "Commission Regulation (EU) No 73 / 2010 of 26 January 2010 laying down quality requirements for aeronautical data and aeronautical information for the single European sky, as amended 'is deleted.
2. At the end of footnote 20, the sentence "Commission Implementing Regulation (EU) 2019 / 947 of 24 May 2019 on rules and procedures for the operation of unmanned aircraft, as amended," and "Commission Implementing Regulation (EU) 2021 / 664 of 22 April 2021 on the regulatory framework for the airspace of U-space shall be added to separate rows. '.
3. In Paragraph 1, the dot is replaced by a comma at the end of paragraph 1 and the following points (o) and (p) are added:
"(o) the operating and management conditions of the unmanned system; and
(p) digital map. ';
4. in Paragraph 13 (1) (a), the words "and balloons" shall be inserted after the word "landing."
5. in Sections 13 (1) (b) and (f) and 14 (1) (b), the words "balloons and aircraft without pilot" shall be replaced by "and balloons."
6. Paragraph 13 (2) is deleted.
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
7. In Paragraph 14 (1) (f), the words "and aircraft without pilot 'are deleted.
8. In Article 14 (2), the words "the use of such an area is part of a commercial air transport licence, an operating permit or an operating permit for own use and that" shall be deleted.
9. In Article 14 (4), the text "Article 13 (3) 'is replaced by" Article 13 (2)'.
10. In Section 14, the following paragraph 8 is added:
"(8) Any surface may be used for the take-off and landing of a unmanned aircraft unless this is contrary to the directly applicable European Union Regulation governing the operation of unmanned aircraft (27), general measures issued under the law, evidence certifying approval to operate unmanned systems or a certificate to operate light unmanned systems in a specific category of operation; paragraphs 1 to 7 shall not apply in such a case.
27) Commission Implementing Regulation (EU) 2019 / 947 of 24 May 2019 on rules and procedures for the operation of unmanned aircraft, as amended. ';
11. in Article 15 (4) (h):
"(h) unmanned aircraft flying; and"
12. in Article 15, the following point (i) is added at the end of paragraph 4:
"(i) flights of essential components of the integrated rescue system not related to training of the Czech Police."
13. in Article 16 (2) (c), the words "in the World Geodetic Reference System 1984 (WGS84) 18)" are replaced by the words "in the reference systems under the legislation governing geodetic reference system18)."
14. At the end of footnote 18, the words "as amended 'are added.
15. in Article 16 (4), the words "this period shall not apply to the requirement of the essential component of the integrated rescue system referred to in Article 15 (4) (i)" shall be added at the end of the text of point (a).
16. in Article 16 (6) (a) to (f):
"(a) stage 1, which is intended for restricted areas above military training premises, controlled districts and end-controlled areas of civil and military airports, temporarily reserved areas for military training purposes, temporarily reserved areas for military training purposes, fixed lines of air traffic services and spaces reserved for flights of essential components of the integrated rescue system not related to training of the Police of the Czech Republic,
(b) stage 2 which is intended for open line airspace in Class A, B or C airspace and other restricted spaces for military training purposes;
(c) stage 3, which is intended for airspace with direct routing in the airspace of classes A, B, C, D or E and for elements of the structure of the concept of flexible airspace management, which are temporarily reserved spaces, temporarily reserved spaces and Conditioning lines, with the exception of those covered by priority level 1 or 6;
(d) stage 4, which is intended for airports and areas under Section 84d of the Act,
(e) stage 5 which is intended for restricted premises other than military users; or
(f) stage 6, which is intended for air traffic services conditioning lines. ';
footnote 23 is deleted.
17. in Article 16g (1), the words "(hereinafter referred to as" the data provider ")" shall be replaced by "(hereinafter referred to as" the data originator ")."
18. in Article 16g (5), the following points (b) and (c) are inserted after point (a):
"(b) data shall be transmitted from the area of the take-off trajectory on obstacles intersecting a 1,2% gradient, the beginning of which is common to the take-off trajectory;
(c) data on obstacles intersecting these areas shall be transmitted from the obstacle plane space; ';
Points (b) to (d) shall be renumbered (d) to (f).
19. in Article 16g (5) (e), "(a) and (b)" shall be replaced by "(a) and (d)";
20. in Article 16g (5) (f), the words "a, b) and (c)" are replaced by the words "(a), (d) and (e)."
21. in Paragraph 16g, at the end of paragraph 5, the dot is replaced by a comma and the following points (g) and (h) are added:
"(g) from the area adjacent to the movement area of an aerodrome which is horizontal from the edge of the runway to 90 m from the axis of the runway and 50 m from the edge of all other parts of the movement area of the aerodrome, data shall be transmitted on obstacles extending 0,5 m above the horizontal plane passing through the nearest point on the movement area of the aerodrome; and
(h) data on obstacles intersecting part of the area forming a visual section of the area shall be transmitted from the area of the visual approach area. ';
22. in Paragraph 16g, at the end of paragraph 6, the dot is replaced by "a" and the following point (d) is added:
"(d) terrain data which penetrates 0,5 m above a horizontal plane passing through the nearest point on the airport's movement surface in an area adjacent to the airport's movement area, horizontally from the edge of the runway to a distance of 90 m from the axis of the runway and 50 m from the edge of all other parts of the airport's movement area."
23. in Article 16h (1), the words "in the World Geodetic Reference System 1984 (WGS84) and the Baltic High System - after settlement (Bpv) 18)" shall be replaced by the words "in the reference systems under the legislation governing geodetic reference system18) and the regulation issued in accordance with the International Civil Aviation Treaty, which is part of the legal order 28)."
Footnote 28 reads as follows:
"28) Annex No 15 to the Convention on International Civil Aviation, published in the Collection of International Treaties under No. 147 / 1947 Coll., as amended. '
24. in Article 16h (2), the words "data provider" are replaced by the words "data originators."
25. in Article 16h (4) (a), the words "in the World Geodetic Reference System 1984 (WGS84) and the Baltic High System - after settlement (Bpv) 18)" shall be replaced by the words "in the reference systems under the legislation governing geodetic reference system18) and those issued in accordance with the International Civil Aviation Treaty, which is part of the legal order 28)."
26. in Paragraph 16h (5):
"(5) The Ministry of Defence shall transmit to the administrator of the database, through an electronic communications network, data on obstacles above 100 m in height from a circular area of 45 km radius from the reference point of an aerodrome eligible for instrument flight in reference systems under the legislation governing geodetic reference system18) and the regulation issued in accordance with the International Civil Aviation Treaty, which is part of the legal order 28). '.
27. in Article 16h (6), "(a) and (b)" shall be replaced by "(a) to (e), (g) and (h)";
28. in Article 16h (6), "6 (a)" is replaced by "6."
29. in Article 16h, paragraph 7 is deleted;
30. The following Sections 16m to 16u are inserted after Section 16l, including the headings:
Data held in the digital map, their management and exchange format
(K § 44j (6) of the Act)
(1) The digital map contains data on:
(a) the boundaries of the various parts of the airspace of the Czech Republic clearly expressed for:
1. the horizontal dimension by drawing on the map by means of geographical coordinates or other clear descriptions; and
2. the vertical dimension by delimiting the lower and upper limits of height above terrain, altitude or flight levels according to the standards for aeronautical maps;
(b) rules on flight of unmanned aircraft and instructions issued pursuant to § 44 (5) or § 44h (5) of the Act relating to a specific enclosed part of the airspace of the Czech Republic, including a designation of its category; and
(c) the validity of the data referred to in (a) and (b).
(2) The data in the digital map are kept in such a way that:
(a) have been up to date;
(b) allow planning of unmanned systems and flight of unmanned aircraft;
(c) in the procedure referred to in Article 44 (5), they correspond to the supporting documents provided by the civil-military airspace management centre or the person responsible for providing air navigation services, which is the founder of that site; and
d) the graphic projection of the various parts of the airspace of the Czech Republic into the map of the territory of the Czech Republic by means of a website and a mobile application, each of which is considered authentic.
(3) The data in the digital map are kept in an exchange common uniform digital format in accordance with the directly applicable European Union Regulation governing the operation of unmanned aircraft (27).
Minimum coverage limit for each category and subcategory of unmanned systems
(K § 54d (3) of the Act)
(1) The minimum level of the premium payments in subcategories A2 and A3 of the open category of operation is set at CZK 1 000 000 for each insurance event.
(2) The minimum level of the insurance performance limit in the specific category of operation is set at:
(a) CZK 2 000 000 for each insurance event, unless the maximum take-off mass of the unmanned aircraft exceeds 0,91 kg,
(b) 5 000 000 CZK for each insurance event if the maximum take-off mass of the unmanned aircraft exceeds 0,91 kg and does not exceed 7 kg; or
c) 10 000 000 CZK for each insurance event, exceeding the maximum take-off mass of the unmanned aircraft 7 kg and does not exceed 20 kg.
Model of the certificate of competence to manage the unmanned system in subcategories A1 and A3 of the open category of operation
(K § 54e (9) of the Law)
The model of the certificate of competence to manage the unmanned system in subcategories A1 and A3 of the open category of operation is set out in Annex 19 to this Regulation.
Duration of training to maintain the theoretical knowledge needed to manage the unmanned system for subcategories of open traffic or in accordance with the standard scenario in a specific category of traffic
(Paragraph 54i (9) of the Law)
The duration of the training to maintain the theoretical knowledge needed to manage the unmanned system for subcategories A1, A2 and A3 of the open category of operation or in accordance with the standard scenario in the specific category of operation shall be at least 4 hours.
Content, form and course of the test demonstrating competence to conduct training to maintain the theoretical knowledge needed to manage the unmanned system
(Paragraph 54i (9) of the Law)
(1) The test demonstrating the competence to conduct training to maintain the theoretical knowledge needed to manage the unmanned system in the subcategories of open category of operation or in accordance with the standard scenario in the specific category of operation shall be carried out by verification:
(a) theoretical knowledge by means of a written test and oral interview; and
(b) practical skills, if it is about competence to conduct training to maintain the theoretical knowledge needed to manage the unmanned system in subcategory A2 of the open category of operation or in accordance with the standard scenario in the specific category of operation.
(2) The subject of theoretical knowledge verification shall be knowledge arising from the requirements set out in the directly applicable European Union Regulation on the operation of unmanned aircraft (27), which are necessary for the management of unmanned systems in the relevant subcategory of open category of operations or in the relevant standard scenario and which are to be subject to training, and the knowledge set out in Annex 20 to this Regulation.
(3) The subject of the verification of practical skills shall be the skills arising from the requirements set out in the directly applicable European Union Regulation on the operation of unmanned aircraft (27), which are necessary for the management of unmanned systems in the relevant open category or in the relevant standard scenario, and which are to be the subject of training.
(4) A report shall be drawn up by the Panel on the course and outcome of the examination. The test shall be considered successful if the protocol indicates that the tenderer within the framework of:
(a) the written test has reached at least 95% of the total number of points that can be obtained in the written test; and
(b) the oral interview and, as part of the verification of practical skills, it was assessed by the word "benefit" by all members of the expert committee.
Model certificate of competence to manage unmanned systems in a specific category of operation
(K § 54k (10) of the Act)
The model of the certificate of competence to manage the unmanned system in a specific category of operation is set out in Annex No 21 to this Regulation.
Topics that must include training to acquire theoretical knowledge and practical skills needed to manage the unmanned system in a specific category of operations
(K § 54k (10) of the Act)
Training to acquire the theoretical knowledge and practical skills needed to manage the unmanned system in a specific category of operation shall include the topics necessary to adopt the requirements for the competence of a remote pilot, which are:
(a) in general for the specific category of operations laid down directly by the European Union Regulation governing the operation of unmanned aircraft (27);
(b) for a specific category of operations in accordance with the standard scenario for the relevant standard scenario established directly by the applicable European Union Regulation governing the operation of unmanned aircraft (27); and
(c) listed in a document certifying the approval to operate unmanned systems or in a certificate to operate light unmanned systems issued by the operator of the unmanned system providing training.
Content, form and course of the test to demonstrate competence to perform cooperation with the operator of the unmanned system in conducting training in a specific category of operations
(K § 54k (10) of the Act)
(1) The test demonstrating the competence to cooperate with the operator of the unmanned system in conducting training in a specific category of operations shall be carried out by verifying:
(a) theoretical knowledge by means of a written test and oral interview; and
(b) the practical skills required by the nature of the operation of the operator of the unmanned system with which cooperation in the conduct of the training is to take place.
(2) The subject of theoretical knowledge verification shall be knowledge arising from the requirements laid down in the directly applicable European Union Regulation governing the operation of unmanned aircraft (27), which are necessary for the management of the unmanned system in a specific category of operations and which are to be the subject of training, and the knowledge set out in Annex 22 to this Regulation.
(3) The subject of the verification of practical skills shall be the skills arising from the requirements laid down in the directly applicable European Union Regulation on the operation of unmanned aircraft (27) which are necessary for the management of the unmanned system in a specific category of operations and to be the subject of training, as well as the skills set out in Annex 22 to this Regulation.
(4) A report shall be drawn up by the Panel on the course and outcome of the examination. The test shall be considered successful if the protocol indicates that the tenderer within the framework of:
(a) the written test has reached at least 80% of the total number of points that can be obtained in the written test; and
(b) the oral interview and, as part of the verification of practical skills, it was assessed by the word "benefit" by all members of the expert committee.
Data on the capability to manage the unmanned system that are kept in the register of remote pilots
(K § 54l (4) of the Act)
In addition to the pilot-in-command identification number, an indication of whether the pilot-in-command is in possession of the pilot-in-command shall be provided by an indication of the capability to manage the unmanned flight system maintained in the register of remote controllers.
(a) a certificate of competence to manage the unmanned system in subcategories A1 and A3 or A2 of the open category of unmanned system operation;
(b) a certificate of theoretical knowledge needed to manage the unmanned system in accordance with the standard scenario in the specific category of operation; or
(c) a certificate of competence to manage the unmanned system in a specific category of operation. ';
31. In Annex No 1, Part A, points 3.1 to 3.3.11 are deleted.
Points 3.4 and 3.5 shall be renumbered points 3.1 and 3.2.
32. In Annex 1, Part A, point 3.6 is deleted.
33. In Annex 3, Part A to D is referred to as 1.1.
34. In Annex 3, Part A to D, in point 1.1, the words "or the provision of information to known operations at the airport and its airport operating zone (ATZ) shall be deleted by other means in the Czech language, '.
35. In Annex 3, Part The following points 1.2 and 1.3 are inserted after point 1.1:
"1.2. Operation of the air traffic services unit (ATS) providing these services at least within the scope of the aerodrome flight information service (AFIS);
(a) where the aerodrome is approved for instrument flights,
(b) where regular commercial air transport is operated at the airport; or
(c) if the average annual operation at an unmanaged aerodrome in the last 3 calendar years exceeds 40 000 movements (take-offs and landings); or
1.3 the provision of information to known operations at the airport and in its airport operating zone (ATZ) by other means in the Czech language. '
36. In Annex 3, Part A, points 2 and 3 are deleted.
Point 4 is renumbered point 2.
37. In Annex 3, Part B, points 2 and 3 are deleted.
Points 4 to 13 shall become points 2 to 11.
38. In Annex 3, Part B, point 5 is deleted.
Points 6 to 11 shall be renumbered 5 to 10.
39. In Annex 3, Part C, point 3 is deleted.
Point 4 is renumbered point 3.
40. In Annex 3, Part D, point 3 is deleted.
Points 4 to 13 shall become points 3 to 12.
41. In Annex 3, Part D, point 6 is deleted.
Points 7 to 12 shall become points 6 to 11.
42. In Annex 14, the word "original 'is deleted.
43. In Annex 14, the words "degree of assurance 'are replaced by the words" level of reliability'.
44. Annex No 15, including the title, reads:
"Annex No 15 to Decree No 108 / 1997 Coll.
Field and obstacle data characteristics
(K § 51a (11) of the Act)
Field data characteristics
| Území vymezené podle § 16g odst. 4, odst. 6 písm. c) a odst. 7 | Území vymezené podle § 16g odst. 6 písm. a) a b) | Území vymezené podle § 16g odst. 6 písm. d) | Území vymezené podle § 16g odst. 8 | |
|---|---|---|---|---|
| Rozteč bodů | nejvíce 3 obloukové vteřiny (přibližně 90 m) | nejvíce 1 oblouková vteřina (přibližně 30 m) | nejvíce 0,6 obloukové vteřiny (přibližně 20 m) | nejvíce 0,3 obloukové vteřiny (přibližně 9 m) |
| Vertikální přesnost | 0 až 30 m | 0 až 3 m*) | 0 až 0,5 m | 0 až 1 m |
| Vertikální rozlišení | 1 m | 0,1 m | 0,01 m | 0,1 m |
| Horizontální přesnost | 0 až 50 m | 0 až 5 m | 0 až 0,5 m | 0 až 2,5 m |
| Úroveň spolehlivosti | 90 % nebo lepší | 90 % nebo lepší | 90 % nebo lepší | 90 % nebo lepší |
| Integrita | běžná | význačná | význačná | Význačná |
| Četnost předávání | 1 ročně, u význačné změny bez zbytečného odkladu, nejpozději do 60 dnů | 1 ročně, u význačné změny bez zbytečného odkladu, nejpozději do 60 dnů | 1 ročně, u význačné změny bez zbytečného odkladu, nejpozději do 60 dnů | 1 ročně, u význačné změny bez zbytečného odkladu, nejpozději do 60 dnů |
*) Field data transmitted by the Ministry of Defence may not achieve the specified accuracy in the areas of permanent forest crops.
Obstacle data characteristics
| Území vymezené podle § 16g odst. 4 a odst. 7 | Území vymezené podle § 16g odst. 5 písm. a), b), c), d), e), f) a h) | Území vymezené podle § 16g odst. 5 písm. g) | Území vymezené podle § 16g odst. 8 | |
|---|---|---|---|---|
| Vertikální přesnost | 0 až 30 m | 0 až 3 m | 0 až 0,5 m | 0 až 1 m |
| Vertikální rozlišení | 1 m | 1 m | 0,1 m | 0,1 m |
| Horizontální přesnost | 0 až 50 m | 0 až 5 m | 0 až 0,5 m | 0 až 2,5 m |
| Úroveň spolehlivosti | 90 % nebo lepší | 90 % nebo lepší | 90 % nebo lepší | 90 % nebo lepší |
| Integrita | běžná | význačná | význačná | Význačná |
| Četnost předávání | 1 ročně, u význačné změny bez zbytečného odkladu, nejpozději do 60 dnů | 1 ročně, u význačné změny bez zbytečného odkladu, nejpozději do 30 dnů | 1 ročně, u význačné změny bez zbytečného odkladu, nejpozději do 30 dnů | 1 ročně, u význačné změny bez zbytečného odkladu, nejpozději do 30 dnů |
“.
45. The following Annexes 19 to 22 are added:
"Annex No 19 to Decree No 108 / 1997 Coll.
Model of the certificate of competence to manage the unmanned system in subcategories A1 and A3 of the open category of operation
Příloha č. 20
Annex No 20 to Decree No. 108 / 1997 Coll.
Additional knowledge the verification of which is the subject of an examination demonstrating the competence to conduct training to maintain the theoretical knowledge needed to manage the unmanned system in the subcategories of the open category of operation or in accordance with the standard scenario in the specific category of operation
1. The subject of the examination of theoretical knowledge as part of the test, which is demonstrated by the competence to conduct training to maintain the theoretical knowledge needed to manage the unmanned system in subcategories A1, A2 and A3, shall be knowledge:
1.1 basic conditions to ensure the safety of flight of unmanned aircraft,
1.2. Conditions of use of airspace to fly unmanned aircraft,
1.3 directly applicable European Union provisions governing unmanned systems and their operation (29), focusing on the operation of unmanned systems in the open category of operation, in particular knowledge of the different subcategories of operation of the unmanned system in the open category of operation, the issues of registration of unmanned systems operators and the responsibilities of the unmanned system operator and remote pilot;
1.4 the impact of the health or mental condition of a remote pilot on its ability to ensure safe flying of unmanned aircraft and the impact of natural and physical phenomena on human perception;
1.5 procedures prior to commencing, during and after the flight required to ensure flight safety,
1.6 the operational and technical characteristics of unmanned systems, their control methods and the effects of natural and physical phenomena on their performance and control;
1.7 risks related to the operation of unmanned systems in terms of privacy and personal data protection and privacy and data protection principles,
1.8 issues of liability insurance for the operation of the unmanned system; and
1.9 civil aviation security issues.
2. In addition to the knowledge referred to in point 1, the subject of the examination of theoretical knowledge in the test, which is demonstrated by the competence to conduct training to maintain the theoretical knowledge needed to manage the unmanned system in subcategory A2, shall also include knowledge of:
2.1 meteorology, including the way in which weather forecasts are obtained;
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Regulation Information
| Citation | Decree No. 98 / 2023 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 (Trade Act), as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.04.2023 |
|---|---|
| Effective from | 28.04.2023 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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