Regulation of the Federal Minister of Transport, Innovation and Technology, amending the Air Transport Operator Certificate-Regulation (EC) 2008

On the basis of § § 21 and 131 of the Aviation Act, BGBl. N ° 253/1957, as last amended by the Federal Law BGBl. I. No 77/2012, is prescribed:

The Air Operator Certificate-Regulation 2008, BGBl. II No 254, as last amended by the BGBl Regulation. II No 363/2011 (VfGH), shall be amended as follows:

1. § 1 (1) reads:

" (1) This Regulation lays down the operational and technical bases for the Air Operator Certificate (AOC) as a prerequisite for the granting and maintenance of an operating licence for the commercial vehicle Air transport within the meaning of the Regulation Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community, OJ L 145, 31.5.2008, p. No. OJ L 293, 31.10.2008, p. 3, in the version in force. "

2. In the breakdown B, the outline heading shall be: "Maintenance" by the outline heading "Technology" replaced.

3. The previous § 18, including the title, receives the Section title "§ 19." and the previous § 19, together with the title, is given the Section title "§ 18." .

4. The subdivision C, together with the heading, is set in front of the new § 19.

5. In the new § 19, after the word "Operational capability" the phrase "as well as the general information necessary for the enforcement of Union law provisions" inserted.

6. § 20 shall be preceded by the following paragraph:

"Validity of the Air Operator's Certificate"

Section 20 (2) reads as follows:

" (2) The air carrier shall ensure that the obligations laid down or applied for the maintenance of the validity of the AOC are fulfilled in accordance with this Regulation or the applicable European Union law. Failure to comply with the obligations established or applied in accordance with this Regulation or the applicable European Union law shall result in the complete or partial invalidity of the AOC, unless the defect is within the scope of the the time limit laid down by the competent authority. The competent authority must, on its own account, issue an order for a notice of arrest. In this case, the return of the AOC shall be required. "

8. In accordance with § 20, the following subdivision and heading shall be inserted:

" D. EU law provisions "

9. According to the new subdivision unit, the following § 20a and heading is inserted:

" Transitional provisions

§ 20a. (1) Insofar as provisions relating to the operation of civil aircraft, the granting, maintenance, alteration, restriction, suspension, invalidity or revocation of an air carrier certificate or of special authorisations, , as well as on board inspections in Regulation (EC) No 216/2008 establishing common rules in the field of civil aviation and establishing a European Aviation Safety Agency, repealing Council Directive 91 /670/EEC, which provides for Regulation (EC) No 1592/2002 and Directive 2004 /36/EC, OJ L 346, 31.12.2002, p. No. OJ L 79, 19.3.2008 p.1, as amended, and Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures relating to flight operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council of the European Communities Parliament and the Council, OJ C 327, 28. No. OJ L 296, 25.10.2012 p.1., these are, unless otherwise specified in paragraph 2, from 28. October 2014.

(2) In accordance with Article 10 (2) of Regulation (EU) No 965/2012, the following shall be determined:

1.		Requests for the issuing of an air carrier certificate pursuant to Art. 7 (1) (1) (1) (1) b of Regulation (EU) No 965/2012 shall be made available to the competent authority from 28 February 2014 until 28 April 2014. The competent authority shall apply all the provisions of Regulation (EU) No 965/2012 relating to the issue of the air transport operator certificate from the time of this request;
2.		Applications for the conversion of an air carrier product with regard to helicopters shall be submitted to the competent authority from the date referred to in the conversion report referred to in Article 7 (2) of Regulation (EU) No 965/2012. This date and the requirements to be met by the applicants for the conversion of the AOC shall be made known by the competent authority by means of a notification of the establishment of the operator's certificate;
3.		The competent authority may, in compliance with the public interest of aviation safety, economy and economy, establish that Regulation (EU) No 965/2012 may be used by the competent authority, taking into account the public interest in aviation security and the economy. all or part of the duration of the period referred to in Z 1, before the 28. Applications for the issuing of air carrier products and/or authorisations in accordance with Regulation (EU) No 965/2012 may be used in the scope of the company's operational statement and from the scope of the At the time of the establishment, the competent authority shall be responsible for the establishment of the operational statement. From the date of issue of an air carrier certificate or of the granting of an authorisation pursuant to Regulation (EU) No 965/2012, all other provisions of the Regulation (EU) related to those authorities shall also be applicable. No. 965/2012. '

10. According to the new § 20a, the following subdivision with headline is inserted:

"E. Final provisions"

(11) The following paragraph 4 is added to § 22:

" (4) § 1 (1), the title of subdivision B, § 18, title, subdivision C, title, § 19, title, § 20, title, subdivision D, title, section 20a, title, and subdivision E and headline, in the version of the BGBl Regulation. II No. 78/2013, enter into force on 1 April 2013. "

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