78. Regulation of the Federal Minister for transport, innovation and technology, with which the air operator certificate regulation is amended 2008
On the basis of §§ 21 and 131 of the Aviation Act, Federal Law Gazette no 253/1957, as last amended by Federal Law Gazette I. No. 77/2012, is prescribed:
The AOC regulation 2008, Federal Law Gazette II No. 254, as last amended by the regulation BGBl. II no 363/2011 (Constitutional Court), is amended as follows:
1. paragraph 1 section 1:
"(1) this regulation lays down the operational and technical foundations for the AOC (air operator certificate - AOC) as a prerequisite for granting and maintaining an operating licence for commercial air traffic within the meaning of regulation Regulation (EC) no 1008/2008 on common rules for the operation of air transport services in the community, OJ" "No. L 293 of 31.10.2008 p. 3, in the currently valid version."
2. in the subdivision B, the outline heading "Maintenance" is replaced by the outline heading "Technology".
3. the previous section 18 along with heading receives the paragraph called "section 19" and the previous article 19 together with heading clause called "article 18.".
4. the breakdown of C together with heading is placed before the new article 19.
5. in the new article 19, the phrase "as well as the General information required for the enforcement of the provisions of Union law" is inserted after the word "Operational efficiency".
6 following article heading is preceded by in section 20:
"Validity of the air operator certificate"
7 paragraph 20 paragraph 2:
"(2) the air carrier has to ensure that established or applied obligations in accordance with this regulation or the applicable Union regulations to meet to maintain the validity of the AOC. Failure to comply with the obligations standardised in accordance with this regulation or the applicable provisions of Union law or applied has the total or partial invalidation of the AOC to the following, unless the deficiency is not corrected within the time limit laid down by the competent authority. Furthermore, the competent authority has its own initiative to issue a notice of determination. In this case the return of the AOC is to prescribe."
8. after article 20, following subdivision together with heading shall be inserted:
"D. Unionsrechtliche provisions"
9 after the new subdivision unit, the following article 20a and heading shall be inserted:
section 20a. (1) provisions on the operation of civil aircraft, issuing, maintaining, changing, the restriction, suspension, the invalidity or the revocation of an air operator certificate or by special permits and ramp inspections in Regulation (EC) No. 216/2008 establishing common rules for civil aviation and establishing a European Aviation Safety Agency, repealing Directive 91/670/EEC of the Council , Regulation (EC) No 1592/2002 and Directive 2004/36/EC, OJ No. L 79 of the DHV S. 1, amended, and in the Regulation (EU) No. 965/2012 establishing technical requirements and administrative procedures in the flight operations in accordance with Regulation (EC) No. 216/2008 of the European Parliament and of the Council OJ No. L 296 of the 25.10.2012 S. 1, are set, these are, as far as in para 2 nothing else set, to apply from 28 October 2014.
(2) in accordance with article 10 paragraph 2 of the Regulation (EU) No. 965/2012 is set:
1. applications for exhibition of air operator certificate in accordance with article 7 para 1 lit. (b) of Regulation (EU) No. 965/2012 are February 28, 2014 until no later than April 28, 2014, the competent authority to introduce. The competent authority from receipt of this application has all the exhibition of air operator certificate-related provisions of Regulation (EU) no 965/2012 shall apply;
2. applications for the conversion of an air operator certificate with regard to helicopter are at in the conversion report in accordance with article 7 para 2 of the Regulation (EU) to bring no. 965 / 2012 date to the competent authority. This time and the requirements to be met by applicants for the conversion of the air operator certificate is to be published by the competent authority by means of operating efficiency note;
3. the competent authority can set efficiency and expediency with operating efficiency note in accordance with the public interest in the safety of aviation, as well as the economy, that Regulation (EC) no 965/2012 entirely or partially already prior to the period referred to in subpara 1 or before 28 October 2014 shall apply; Applications for issue of air operator certificate and/or permits in accordance with the Regulation (EU) no 965/2012 may to the extent laid down in the operating efficiency note and be inserted from the date set out in the operational Airworthiness Notice to the competent authority. From the date of issue of an air operator certificate or a permit in accordance with the Regulation (EU) all with these permissions in the associated other provisions of Regulation (EU) are no. 965/2012 no 965/2012 shall apply."
10. after the new paragraph 20a following subdivision together with heading shall be inserted:
"E. final provisions"
11 the following paragraph 4 is added to section 22:
"Heading, § 19 together with headline, article 20 and heading, the subdivision D together with heading velvet (4) § 1 para 1, the heading of subdivision B, § 18, together with the heading, the subdivision C, section 20a and heading as well as the breakdown of E along with heading, each as amended the regulation BGBl. II No. 78 / 2013, come April 1, 2013 in force."