83. Federal Act to amend the Aviation Act

The National Council has decided:

The Aviation Act, BGBl. N ° 253/1957, as last amended by the Federal Law BGBl. I n ° 70/2008, shall be amended as follows:

1. In the title, the parenthesis "(Aviation Act)" by the parenthesis expression "(Aviation Law-LFG)" replaced.

2. In all paragraphs in which the paragraph title is preceded by the paragraph title, this paragraph title is deleted in the title and becomes the first line of the text section, if necessary before any possible Sales label, if there is not already a paragraph label at this point.

3. In all sections of the paragraph, at the end of which there is a point, this is no longer necessary.

4. In § 3 (1) the words are deleted "from the Austro Control GmbH" .

5. § 4 (1) reads:

" (1) For each of the airspace defined on all sides, the following restrictions may be announced permanently or for certain periods of time (airspace restriction zones):

1.		the prohibition of the entry, exit, transit or operation of aircraft or of any aeronautical equipment (air-blocking areas) which can be used independently in the flight,
2.		the arrangement that the on, off, transit or operation of aircraft or of an aeronautical device which is self-employed in the flight is permitted only with certain restrictions (flight restriction zones), or
3.		the indication that the on, off, transit or operation of aircraft, or of an aeronautical device which is self-employed in the flight, is associated with hazards (danger areas). "

6. In § 5 (4) (lit). c becomes the citation "§ 2 para. 1 lit. b" through the citation " § 2 para. 1 lit. a or b " replaced.

7. § 5 (5) reads:

" (5) airspace restricted areas referred to in paragraph 4 may only be established for a maximum period of two weeks. The Regulations referred to in paragraphs 3 and 4 may specify whether and to what extent the responsible pilots of civil aircraft shall, in each case, follow the instructions of the military bodies responsible for the airspace restriction area at the time of the Flight of the airspace restriction area must be carried out on, off or through. "

8. In § 11 (2), the first sentence reads:

" Military aircraft are aircraft carrying the licence plate of an Austrian military aircraft or in the service of the Bundesheeres. "

9. In § 15 (3):

Aircraft registered abroad shall be entered in the register of aircraft at the latest 12 months after being used for the first time on their own account and at the risk of an Austrian air carrier. "

10. In § 15, the following paragraphs 5 and 6 are added:

" (5) The date of first use shall remain unchanged even in the event of a change of the aircraft holder. The time limits referred to in paragraphs 3 and 4 shall be inhibited for the period of use of the aircraft by an aircraft holder not subject to the supervision of domestic aviation authorities, and shall run in the event of renewed use of the Aeronautic vehicle by means of an aircraft holder under domestic supervision.

(6) Aircraft registered abroad pursuant to § 24b of the supervision of Austro Control GmbH shall not be subject to the provisions of paragraphs 3 to 5 for the period of validity of this Agreement. "

11. § 16 (1) reads:

" (1) Austro Control GmbH and/or a competent authority pursuant to § 140b shall have a list of civil aircraft (registers of aircraft). Parachutes, paragliders and paragliders are excluded from registration. The aircraft register shall include the ordinal number, the nationality and registration marks, the manufacturer, the manufacturer ' s name, the serial number and the maximum permissible mass of the civil aircraft, and the name and address. of the civil aircraft holder. For motorized slopes and paragliders, the Federal Minister of Transport, Innovation and Technology can stipulate that the register of aircraft should be in the form of simple lists. "

12. § 16 (2) Z 1 reads:

" 1.		the holder
a)			the nationality of a Member State of the European Union or of a State equivalent to that of an inter-State agreement and, if his residence is not situated in the territory of the country, an agent of an assignment in the territory of the country has ordered, or
b)			is a legal person established in accordance with the legislation of a Member State of the European Union or of a State equivalent to that of an intergovernmental agreement, and its registered office, its head office or its principal place of business within the European Union or in a State equivalent to that of an intergovernmental agreement, and, if it does not have any representative authorized to receive documents domicated in the country, Appointing Plenipotentiaries domestiously appointed, "

13. In § 18 (2) (1) (1) the word "Austrian" by the words "applicable in Austria" replaced.

14. § 21 (2) reads:

" (2) The Federal Minister for National Defence shall, in accordance with the requirements of the national defence and the safety of the aviation sector, have in particular:

1.		the type of licence plates, flags and lights to be used by military aircraft (section 11 (2));
2.		the requirements of the airworthiness of military aircraft;
3.		the nature and extent of the verifications required for the detection and maintenance of the airworthiness of military aircraft (in particular, sample, piece and inspections),
4.		the documents with which military aircraft must be provided, and
5.		The admissibility of proof of airworthiness by foreign documents
"

15. § 24 together with headline reads:

" Military Aeronautical Equipment

§ 24. The Federal Minister for National Defence has to determine, in accordance with the requirements of the national defence and aviation security, whether and to what extent military aeronautical equipment requires an appraisal as an operating system and the regulation to be adopted pursuant to Article 21 (2) of this Regulation shall apply to military aircraft. "

16. In the section transcript before § 24a, the word "Community legal" by the word "International" replaced.

17. Before § 24a the following paragraph is inserted:

"Community legal provisions"

18. § 24a (1) reads:

" (1) Insofar as provisions concerning the airworthiness and noise admissibility of civil aircraft and the operation of civil aeronautical equipment, as well as the approval, submission or revocation of establishments pursuant to § 21 (1) (9) (9) (9) of the Treaty

1.		in Regulation (EC) No 216/2008 on the establishment of common rules in the field of civil aviation and establishing a European Aviation Safety Agency, repealing Council Directive 91 /670/EEC, Regulation (EC) No 1592/2002 and Directive 2004 /36/EC, 1. No. OJ L 79, 19.3.2008 p.1, and
2.		in the Regulations (EC) No 1702/2003, OJ L 297, 21.7.2003 No. OJ L 243, 27.9.2003, p. 6, and (EC) No 2042/2003
, these shall be binding in the version in force in each case. For the purposes of these provisions, the competent national authority shall be the Austro Control GmbH. "

19. According to § 24a, the following § 24b and the heading are inserted:

" Transfer of tasks pursuant to Art. 83bis of the Convention on International Civil Aviation

§ 24b. (1) The transfer of tasks in accordance with Art. 83bis of the Convention on International Civil Aviation, BGBl. No. 97/1949 (hereinafter referred to as the AIZ) may take the form of framework agreements with other Contracting States of the AIZ. These agreements may only be concluded if the conditions set out in Article 18 (2) (1) are met and it is ensured that the interest of aviation security is not jeopardised by the transfer of the tasks. The implementing agreements shall be concluded in each case as an annex to the framework agreements.

(2) In any event, the implementing agreements referred to in paragraph 1 shall contain:

1.		the nationality and entry signs,
2.		the manufacturer's name and
3.		the serial number
the aircraft included in the agreement and the exact designation of the tasks entrusted and the period of validity of the implementing agreement. If the Republic of Austria is to be entrusted with tasks, the implementing agreements may only be concluded if the insurance undertakings concerned with the provisions of Regulation (EC) No 785/2004 have been proven in respect of the aircraft concerned .

(3) If the Republic of Austria is entrusted with tasks in accordance with Art. 83bis AIZ by means of the agreements referred to in paragraph 1, Austro Control GmbH shall be the competent authority responsible for the performance of these tasks. As regards the foreign registered aircraft covered by these agreements, the provisions applicable to the extent of the transfer shall be applicable to registered aircraft registered in the country of domestic use.

(4) A copy of the agreement in accordance with Art. 83bis AIZ shall be submitted to the holders of the aircraft concerned. This is always to be carried on board by the responsible pilots.

(5) The transfer of tasks in accordance with Art. 83bis AIZ may also take the form of individual agreements with foreign aviation authorities, provided that the conditions set out in second sentence of paragraph 1 are met. The provisions referred to in paragraphs 2 to 4 shall apply mutatily.

(6) The agreements referred to in paragraphs 1, 2 and 5 shall be without prejudice to the provisions of Art. 83bis lit. b AIZ, in an airway-usual way. In the case of detailed agreements pursuant to paragraph 2 and individual agreements in accordance with paragraph 5, the customer's agreement shall be sufficient

1.		the state in which the tasks are transferred or by which State the tasks are to be transferred to the Republic of Austria, and
2.		the information referred to in paragraph 2, first sentence.

(7) The agreements concluded in accordance with paragraphs 1, 2 and 5 are, in accordance with Art. 83bis (b) AIZ, in the case of framework agreements of the Federal Minister of Transport, Innovation and Technology and in all other cases from the Austro Control GmbH either to the Council of the International Civil Aviation Organization for registration or to disclose to the authorities of another concerned Contracting State or other interested parties. "

20. In § 34, paragraph 1, in the second sentence, after the word "submit" put a dash, and then the words " unless the Federal Minister for Transport, Innovation and Technology Regulation provides for cases where the transmission of a report is based on the requirements of aviation safety and of the expediency of the issue. can stay down " inserted .

21. In § 34 (3) the following sentence shall be added at the end:

"There is no legal claim to the authorization of a flight medical center."

22. In § 34 (4), the following sentence shall be added at the end:

"There is no legal claim to the authorization of a flight medical expert."

23. In § 39, the para. 1 and 2 are:

" (1) Anyone who submits a civil aviation test to a Civil Aviation Examination Commission or the Austro Control GmbH or a competent authority based on a transfer pursuant to § 140b has to pay a test tax. The level of the test staxes shall be determined in accordance with the requirements of the Federal Minister of Transport, Innovation and Technology, on the basis of the types of civil aviation certificate and the effort involved in the test.

(2) Unless otherwise specified in paragraph 3, members of civil aviation audit commissions shall be entitled to an audit compensation, the amount of which shall be determined by the Federal Minister for Transport, Innovation and Technology on the extent of the Audit activity shall be determined by Regulation. "

24. In § 56 (1) the words are deleted "issued by the Federal Minister for National Defense" .

25. In § 56 (2), the words "the Federal Minister for National Defense" .

26. § 57 together with headline reads:

" Species, period of validity, exhibition and withdrawal of military aviation personnel expellees

§ 57. The Federal Minister for National Defence has, by means of a regulation, on the types of military aircraft, on the possibilities of its use and on the mental and physical requirements placed on the military aircraft. Aeronautical staff shall, in accordance with the requirements of road safety and national defence, provide the necessary conditions for:

1.		the species and the form,
2.		the duration and the extension of its validity and
3.		the exhibition and the withdrawal
of military personnel expellees. "

27. In § 57a (1), the words shall be: "1592/2002 and in accordance with the provisions adopted pursuant to this Regulation" by the words "216/2008 and in the" replaced.

Section 62 (1) reads as follows:

" (1) The Federal Minister of National Defence may, upon request, grant the authorization for

1.		the use of military airfields, or
2.		the establishment of permanent facilities at military airfields
in the case of civil aviation, if there are no interests of national defence. "

29. In § 62 (4), the title shall be defined in accordance with the Section "80a" the paragraph label "94," and in accordance with the paragraph "136 (1)," the paragraph label "139a (2)," inserted.

30. § 68 (1) first sentence reads:

"Civilian airfields may only be operated with an authorisation (civil airfield permit)."

31. In § 70 (4), the second sentence shall be replaced by the following sentence:

" § § 40 to 44g of the General Administrative Procedure Act 1991 (AVG), BGBl. No 51, shall apply, in which case the oral proceedings shall in any case be made known by the attack in the municipalities which are wholly or partly situated in the area of the security zone (Article 86) and, where appropriate, the security zone provided for is. "

32. In § 71, the following paragraph 3 is added:

" (3) In the event of a mere change in the person of the civil aircraft holder, while maintaining the existing, modest operating turnover, only the authority responsible for issuing the civil airfield permit (§ 68) shall be the competent authority. Conditions laid down in section 1 lit. b and c). If these conditions are met by the acquirer in respect of the existing operating conditions, the competent authority may grant the civil airfield approval to the previous extent without further examination in accordance with paragraphs 1 and 2. "

Section 72 (2) reads as follows:

" (2) without prejudice to the provisions of § 71, a civil airfield permit shall also be issued only if the holder of the authorization is responsible for the granting of a licence.

1.		the nationality of a Member State of the European Union or of a State equivalent to that of an inter-State agreement and, if his residence is not situated in the territory of the country, an agent of an assignment in the territory of the country has ordered, or
2.		is a legal person established in accordance with the legislation of a Member State of the European Union or of a State equivalent to that of an intergovernmental agreement, and its registered office, its head office or its principal place of business within the European Union or in a State equivalent to that of an intergovernmental agreement, and, if it does not have any representative authorized to receive documents domicated in the country, Authorized representative in the country. "

34. § 78 (1) reads:

"(1) A ground facility on a civilian airfield (civil ground facility) may be constructed, used and substantially modified only with the authorization of the authority responsible pursuant to paragraph 2."

§ 80a reads:

" § 80a. (1) Are those in a civil airfield the one in Appendix 5 to the Industrial Regulations 1994 (GewO 1994), BGBl. Article 84a (4), (84b), 84c (1) to (2a) and (3) to (11), 84d (1) to (6) and 84e GewO (1994) and the Regulation of the Federal Minister for Foreign Affairs (Bundesministersander) Economy and labour, which enact more detailed provisions on the control of major-accident hazards in companies, BGBl. II No 354/2002, by analogy with the proviso that:

1.		under the authority of the authority responsible for issuing the civil airfield authorization in accordance with Article 68 (2), the authorities normalised in § 62 (4) (1) (1);
2.		, with the exception of those areas for which an operating permit has been granted in accordance with the conditions laid down in 1994, the operation of the entire civil-aircraft operation, and
3.		in the case of the holder of the civil aircraft holder
are to be understood.

(2) The obligations set out in the provisions of paragraph 1 shall not affect or replace the obligations laid down in other provisions. "

36. § 86 reads:

" § 86. (1) The security zone shall be the area of an aerodrome and its environment within which an obstacle to the air traffic in accordance with Article 85 (1) may be established, amended or extended only with the authorization of the authority responsible pursuant to Section 93 (exceptional authorization). The permits required under other legislation shall remain unaffected.

(2) For airports and military airfields, as well as for airfields with instrument flight operations, a safety zone shall be defined in any case, but only if there is a public interest in the definition of such airfields; and do not outweigh any other public interest which, at most, is contrary to such a definition. "

37. In § 89, the following sentence is added:

"The safety zone regulation must also be made available in an airfield manner."

38. § 91 reads:

" § 91. Without prejudice to the provision of § 91a, an air traffic obstacle outside of safety zones (§ 85 (2) and (3)) may be established, amended or extended only with the authorization of the competent authority in accordance with § 93 (exceptional authorization). The permits required under other legislation shall remain unaffected. '

39. § 91a (7) reads:

(7) Paragraph 2 to 5 shall not apply for the temporary establishment of cable and wire tension for agricultural and forestry ring systems for the rapid reprocessing of damaged timber in the event of a major disaster. "

40. In § 91c the previous text is referred to as paragraph 1 and thereafter the following paragraphs 2 and 3 are added:

" (2) The owner of a not only fixed-term aviation obstacle pursuant to § 85 (2) and (3) is obliged to immediately report the removal of the air traffic obstacle caused by him to the local competent state governor.

(3) The owner of an air traffic obstacle has, without prejudice to other statutory provisions, failures or faults in the identification of the air traffic obstacle (§ 92 para. 2) as well as the rectification of the failures or faults without delay of the Austro Control GmbH as well as the authority responsible for issuing the exceptional authorization (§ 93). The Austro Control GmbH has to make this information available in an airway-usual way. "

41. § 92 (2) and (3) reads as follows:

" (2) An exceptional authorization shall be issued if the construction, modification or extension of the air traffic obstacle does not affect the safety of aviation. It shall be conditional, on a fixed-term basis, or subject to conditions, in so far as it is necessary in the interests of the safety of air transport or the protection of the general public, in particular the manner in which the necessary identification is required. of the air traffic obstacle (§ 95).

(3) The derogation shall be waived if the establishment, modification or extension of the air travel obstacle does not commence within two years from the date of the entry of the legal force of the derogation. If the operation of the air travel obstacle is not taken up within one year of the establishment, modification or extension, or if it is over two years, the competent authority may, for reasons relating to the safety of the aeronautical sector, be able to: Revoke the exemption and order the owner to remove the air traffic obstacle at his expense. The operator of the air traffic obstacle shall notify the competent authority of the non-inclusion or the resting of the holding. "

42. § 94 together with the title is:

" Installations with optical or electrical interference

(1) installations with an optical or electrical interference effect which endanger the safety of the aeronautical sector, in particular a confusion with an aeronautical humidification or an adverse effect on the safety of the aeronautical or Air navigation services, as well as an impairment of fixed installations of airspace surveillance or fixed installations for the safety of military air travel, may be caused only by a permit issued in accordance with paragraph 2 of this Article competent authority, shall be established, amended, extended and operated. The permits required under other legislation shall remain unaffected. The authorization shall be granted if the safety of the aeronautical sector is thereby shall not be affected. The authorization shall be conditional, limited or subject to conditions, in so far as it is necessary in the interests of the safety of aviation.

(2) In order to grant the authorization referred to in paragraph 1, in the event that the facility is located outside the security zone of a military or civilian airfield, Austro Control GmbH shall be granted and in the event that the facility is located within the The Federal Minister of Transport, Innovation and Technology is responsible for the security zone of a civilian airfield, in agreement with the Federal Minister for Regional Defense. In the case of installations located outside of safety zones, Austro Control GmbH shall have in those cases where only fixed installations of the airspace surveillance or fixed installations for the safety of the safety zones are affected. Military air travel could be caused immediately to forward the application for authorization pursuant to paragraph 1 to the Federal Minister for National Defence. With the application of the application to the Federal Minister for National Defense, the responsibility for the decision shall be transferred to the Federal Minister for National Defence. In the event that the facility is located within the security zone of a military airfield, the Federal Minister for National Defense shall be responsible for granting the authorisations referred to in paragraph 1.

(3) The authorization referred to in paragraph 1 shall be issued if the establishment, modification or extension of the installation does not commence within two years from the date of the entry of the legal force of the authorization. If the operation of the installation is not taken up within one year of the establishment, amendment or extension, or rests for more than two years, the competent authority may, for reasons related to aviation safety, revoke the authorization and order the owner to remove the installation at his expense. The operator of the installation shall notify the competent authority of the non-inclusion or the resting of the holding. "

43. § 95 together with headline reads:

" Labelling of air traffic obstacles

§ 95. (1) Where a marking of the air travel obstacle has been laid down in the exceptional authorization pursuant to Section 92 (2), the owner of the air traffic obstacle shall be obliged to carry out this marking at his/her costs and for the current Maintenance of the marking. This also applies to obstacles to the movement of air, which were set up before 1 July 1994, and to the obstacles to the movement of the air which took place before 1 July 1994. Jänner was set up in 1958 and for which labelling measures have been prescribed by the Office. A convicted sentence of this kind is no longer applicable in this respect.

(2) If, in the case of the establishment of a new or modified safety zone in the case of civilian airfields, the marking of objects already in existence at the time of this determination is in accordance with § 85 (1) (lit). (a) and (b), the civil aircraft holder shall be obliged to carry out and carry out maintenance of such markings. Within the security zones of military airfields, the identification of air traffic obstacles is the responsibility of the Federal Minister for National Defense. "

44. § 96 (1) reads:

" (1) The competent authority responsible for granting an exemption in accordance with § 93 or the competent authority to issue an authorization pursuant to § § 94 or 122 shall, in accordance with § § 94 or 122, be entitled to the safety of aviation and to the protection of the general public. determine whether, to what extent, and within which period, air traffic obstacles or whose markings or the installations referred to in § § 94 or 122, which have been erected, amended or expanded contrary to the provisions of this Federal Act or contrary to the acts adopted pursuant to this Federal Act, or shall be operated by the owners to eliminate, modify or label them at their expense. "

45. In accordance with § 96, the following § 96a including the heading is inserted:

" Additional requirements

§ 96a. (1) After an authorization has been issued in accordance with § 92, § 94 or § 122, if the interest of aviation security is not sufficiently protected in spite of compliance with the conditions prescribed in the approval notices, the following shall be granted in accordance with § § § § 92, § 94 93 or § 94 (2) or § 122 of the competent authority, the other or additional requirements necessary for the attainment of this protection, which are subject to the state of development in the field of technology based on the relevant scientific findings. shall be required. In the case of the imposition of these conditions, the Authority shall comply with the proportionality of the measures and take action with a view to ensuring that rights are acquired.

(2) In the case of pre-1. In 1958, obstacles to the aviation industry which, in accordance with the legal situation in force before 1 July 1994, were required by the Office to be subject to the notification of labelling measures, or to be prescribed, are first-time, other or additional labelling measures, to the extent that this is necessary in the interests of aviation safety. In the case of an amortisation of these labelling measures, the state of development in the field of technology, based on the relevant scientific knowledge, and the proportionality of the measures must be taken into account and with the possibility of a possible protection the rights acquired. The authority responsible for the application of these measures is the authority which would be responsible for issuing the derogation in the case of a new installation in accordance with Section 93.

(3) The provision of § 95 shall apply in the case of the pre-writing of labelling measures in accordance with paragraphs 1 and 2. "

46. In the heading to § 99, the citation "Eisenbahnenteignungsgesetz 1954" through the citation "Railway Enpropriation Compensation Act" replaced.

47. In § 99 (1) the citation shall be " Eisenbahnenteignungsgesetz 1954, BGBl. Nr. 71 " through the citation " Railway Enpropriation Compensation Act (EisbEG), BGBl. No. 71/1954, " replaced.

48. In § 99 (4), the following first sentence shall be preceded by:

"Responsible for the expropriation procedure is the district administration office."

49. In § 102, the following paragraph 5 is added:

"(5) The Federal Minister for Transport, Innovation and Technology may announce to those undertakings which have an upright authorisation in accordance with paragraphs 1 and 2 on the Internet, stating the address of the undertakings."

50. In § 116 (1), the first sentence reads:

"The commercial renting of civil aircraft may only be carried out with the approval of the Governor of the State (rental permit)."

51. § § 119 to 122 are replaced by the following § § 119 to 122, together with the headings:

" Definitions

§ 119. (1) Air traffic control shall be used for the safe, orderly and liquid handling of air traffic.

(2) The air traffic control includes:

1.		the air navigation services, namely the
a)			Air traffic control services (air traffic control services, flight information service, alarm service),
b)			communication, navigation and surveillance services;
c)			aircraft weather services; and
d)			Aeronaion services (air traffic information services),
2.		airspace management;
3.		the traffic flow regime and
4.		the definition of flight procedures and the omission of other general arrangements for the performance of air navigation services (§ 120a).

(3) For the terms used in this section, the definitions of Article 2 of Regulation (EC) No 549/2004 laying down the framework for the creation of the Single European Sky ("Framework Regulation") shall apply. , OJ No. OJ L 96, 31.3.2004, p.1.

Perception of air traffic control

§ 120. (1) Insofar as nothing else is determined in or on the basis of agreements under international law, in Community legislation or in this federal law, the exercise of air traffic control as a sovereign task of the Confederation of Austro is incumbable Control GmbH. The Austro Control GmbH is responsible for the implementation of air traffic services in accordance with § 119 paragraph 2 Z 1 lit. a and the flight weather services according to § 119 para. 2 Z 1 lit. (c) on an exclusive basis within the meaning of Article 8 and Article 9 of Regulation (EC) No 550/2004 on the provision of air navigation services in the Single European Sky (the "Air Navigation Service Regulation") , OJ No. OJ L 96, 31.3.2004, p.

(2) The Federal Minister for Transport, Innovation and Technology may, without prejudice to paragraph 1, also be able to provide other service providers for the performance of air traffic services for reasons of economy, economy and expediency with a regulation (§ 119 para. 2 Z 1 lit. (a) designate airfields. These service providers may be designated only if they meet the requirements laid down in Articles 6 and 7 of the air navigation service regulation.

(3) The air navigation service providers referred to in paragraphs 1 and 2 are either alone or through the use of the services of air navigation service providers pursuant to Article 7 of the air navigation service regulation in order to carry out the air traffic control tasks assigned to them (Section 119 (2)). certified service providers and are subject to the instructions of the supervisory authority in accordance with § 120c. In the case of the provision of air traffic services and aeronatal services, the air navigation service providers shall, before using a service provider certified in accordance with Article 7 of the Air Navigation Services Regulation, consent to the Federal Minister for Transport, Innovation and Technology to catch up. This consent shall be granted if, in particular circumstances, it is not to be assumed that the use of the goods endangers the safe, orderly and liquid management of air traffic or otherwise the principles of economy, If necessary, an agreement as required under Article 2 (4) of the Air Navigation Services Regulation has been concluded in accordance with Section 121a Z 2. The consent shall be revoked if one of the conditions of consent is not or no longer exists.

(4) The air navigation service providers shall establish external offices for the purpose of air traffic control, to the extent that this is necessary for the safe, orderly and liquid handling of air traffic (air traffic control centres).

(5) Air navigation service providers shall have the necessary and appropriate air navigation services to the international standard for the proper and safe performance of the air traffic control tasks assigned to them, as well as in the to maintain and operate properly.

(6) Where a licence has been granted for the implementation of air navigation services in accordance with Directive 2006 /23/EC on a Community air traffic controller licence, OJ L 206, 22.7.2006, p. No. 22., the air navigation service providers shall ensure that the staff they use has a rights licence issued by a Member State within the meaning of Directive 2006 /23/EC;

General air traffic control arrangements

§ 120a. (1) Austro Control GmbH shall have the necessary flight and departure procedures and procedures for the safe, orderly and liquid handling of air traffic, taking account of the threat posed by the general public from the risks arising from air traffic for the route flight.

(2) Austro Control GmbH and the air navigation service providers entrusted with it pursuant to Article 120 (2) may, within the framework of the performance of the air traffic control tasks assigned to them, be able to carry out the safe, orderly and liquid handling of air traffic under Take account of the general orders that threaten the general public at risk of danger arising from air traffic.

(3) The rules referred to in paragraphs 1 and 2 shall be made available in the air-travel-usual manner.

Liability and insurance

§ 120b. (1) If the Covenant has the injured party in accordance with the provisions of the Official Liability Act, BGBl. No 20/1949, the air navigation service provider, whose body has caused the damage unlawful and culpable, has to replace the Federal Government with this service to its full extent. If an air navigation service provider uses the services of another air navigation service provider (Article 120 (3)), its institutions shall also be deemed to be the bodies of the first-mentioned air navigation service provider for the purposes of this refund.

(2) The right to a refund against the institution pursuant to § 3 of the Official Liability Act, BGBl. No 20/1949, shall remain unaffected. To the extent that the air navigation service provider has provided services to the Federal Government pursuant to paragraph 1, the Federal Government's claim against the institution shall be based on a return to the air navigation service organisation.

(3) § 10 of the Federal Act on the Austro Control Gesellschaft mit beschränkter Haftung, BGBl. No 898/1993 is without prejudice to the first sentence of the first sentence and the second paragraph of paragraph 1.

(4) The requirements set out in Annex I to Regulation (EC) No 2096/2005 on common requirements for the provision of air navigation services, OJ L 327, 22.11.2005, p. No. 13, the necessary liability and insurance cover must also cover the protection of the Federal Government's right to restitution against the air navigation service organisation and its institutions.

Supervision

§ 120c. (1) Unless otherwise specified on the basis of an agreement pursuant to § 121a Z 2, the air navigation service providers shall be subject to the supervision of the service provider in accordance with Section 120 (1) and (2) and the service providers used pursuant to § 120 (3). Federal Minister for Transport, Innovation and Technology. The provision of Section 141 (2) and (3) shall apply mutatily, without prejudice to the provisions of Community law referred to in paragraph 2. The Federal Minister of Transport, Innovation and Technology is immediately superordinated and entitled to issue instructions in the instance train.

(2) The Federal Minister for Transport, Innovation and Technology shall be the national supervisory authority within the meaning of Article 4 of the framework regulation. It shall, in so far as there are no special arrangements, carry out all the tasks and powers conferred on the national supervisory authority in the framework regulation, the air navigation services regulation, Regulation (EC) No 551/2004 on order and use Airspace in the Single European Sky ("airspace Regulation") , OJ No. 20., Regulation (EC) No 552/2004 on the interoperability of the European air traffic management network ("the interoperability Regulation") , OJ No. 26., or the implementing measures adopted pursuant to these Regulations.

Certification and recognition of organisations as well as licensing of air traffic controllers

§ 120d. (1) The certification of air navigation service providers in accordance with Article 7 of the Air Navigation Services Regulation shall be carried out by the Federal Minister of Transport, Innovation and Technology, provided that the applicant is responsible for the Prerequisites are met. Certification must be granted in so far as it is necessary in the interests of aviation safety, subject to conditions as defined in Annex II to the air navigation services regulation. This certification is to be issued with a certificate in German and English. As a measure of enforcement within the meaning of Article 5 (4) of Regulation (EC) No 2096/2005, the certification must be revoked if one of the certification requirements is not fulfilled or no longer fulfilled or is not fulfilled by the air navigation service provider. Conditions or obligations to be complied with, or the supervision referred to in Article 6 of Regulation (EC) No 2096/2005, has not been made possible, thereby jeopardising the safety of the aviation sector. At the same time, the return of the issued certificate shall be required.

(2) The recognition of organisations pursuant to Art. 3 of the Air Navigation Services Regulation shall be approved by the Federal Minister of Transport, Innovation and Technology, provided that the applicant meets the conditions laid down in Air navigation services regulation is complied with. This recognition shall be conditional on the extent to which it is necessary in the interests of aviation security. A certificate must be issued on this recognition. The recognition shall be revoked if any of the conditions for recognition are not or no longer fulfilled or have been infringed in accordance with the provisions of the Air Navigation Services Regulation. At the same time, the return of the issued certificate shall be required.

(3) The designation of the bodies referred to in Article 8 of the interoperability Regulation shall be notified by the Federal Minister of Transport, Innovation and Technology, provided that the applicant meets the conditions laid down in the Interoperability Regulation. This designation shall be conditional on the extent to which it is required in the interests of aviation security. A certificate shall be issued on this designation. The designation shall be revoked if any of the conditions for designation are not or are no longer fulfilled or have been infringed in accordance with the interoperability Regulation. At the same time, the return of the issued certificate shall be required.

(4) § § 28 and Article 44 (6) are to be applied for the granting of a Community air traffic controller licence and the certification of a training provider under Directive 2006 /23/EC, but with the proviso that the Federal Minister of Transport, Innovation and technology is the competent authority to certify the training provider. The provisions of section 141 (2) and (3) shall apply mutacally, with the Federal Minister for Transport, Innovation and Technology being able to commission recognised organisations in accordance with paragraph 2 in order to carry out the supervision.

(5) Austro Control GmbH shall have a database containing information on the competencies of all holders of air traffic controller licences issued in accordance with paragraph 4 and the validity data of the associated licences, powers, allowances and endorsements. To this end, air navigation service providers shall keep records of the hours actually worked by all the holders of air traffic controller licences issued in accordance with paragraph 4, and shall, at the request of Austro Control GmbH, record these data on request. To be made available.

(6) Austro Control GmbH and the Federal Minister of Transport, Innovation and Technology may provide relevant information to the national supervisory authorities of the other Member States within the meaning of Article 14 (2) of Directive 2006 /23/EC on request. and provide adequate support.

Provision of technical services by operational organisations and other third parties

§ 120e. (1) Air navigation service providers shall be entitled to provide technical services in support of the air traffic, communications, navigation or surveillance services of business organisations within the meaning of Article 2 (2) lit. (g) Regulation (EC) No 2096/2005 laying down common requirements for the provision of air navigation services, OJ L 327, 22.11.2005, p. No. 13., provided that the use is not contrary to the safe, orderly and liquid management of air transport and does not comply with the principles of economy, economy and usefulness contradicts.

(2) Operating organizations whose main premises are located in the Federal Republic of Germany and their technical staff are subject to the supervision of the Federal Minister of Transport, Innovation and Technology under Article 8 of Regulation (EC) No 2096/2005. They shall have the intended provision of technical services within the meaning of paragraph 1 for air navigation service providers operating in the Community territory at the latest one month before the start of this activity to the Federal Minister for Transport, Innovation and Technology in writing.

(3) Other than those referred to in paragraph 2 above, the intended provision of technical services to air navigation service providers operating in the territory of the Federal Republic shall be subject to the Federal Minister of Transport no later than one month before the commencement of this activity; Innovation and technology in writing.

(4) Air navigation service providers shall be entitled to provide technical services in support of the flight guidance service (air traffic information service) or the flight weather service by third parties, provided that the use of such services is not safe; It is contrary to the principles of economy, efficiency and usefulness, and is not in line with the principles of economy. Community law requirements for air navigation service providers, such as those relating to the selection of such third parties and the regulation of the quality of their services, shall remain unaffected.

(5) The appropriate safety requirements for personnel in the technical field, as required under Article 8 of Regulation (EC) No 2096/2005, which take account of operational safety related tasks, have at least that of the EUROCONTROL must comply with the safety requirement ESARR 5 and must be issued by the Austro Control GmbH and published in a conventional airway.

Area of air traffic control

§ 121. (1) Air traffic control covers the whole of the Federal territory and airspace above this, with the exception of those areas used by the Federal Minister for National Defence, in agreement with the Federal Minister for Transport, Innovation and technology shall be defined in accordance with the provisions of Regulation (EC) No 2150/2005 on common rules for the military use of the territory and civil aviation by Regulation flexible use of airspace, OJ No. OJ L 342, 24.12.2005 p.20). This Regulation may be made available in a manner customary in the air transport sector.

(2) The Regulation referred to in paragraph 1 shall also specify the manner in which the responsible pilots of civil aircraft take the instructions of the military personnel responsible for the military use. Flight line must be carried out during the on, off or through flight of these reserved areas.

(3) The coordination between the civilian and military authorities required under Regulation (EC) No 2150/2005 is set out in a Convention of the Federal Minister of Transport, Innovation and Technology with the Federal Minister for National Defence .

(4) Regulations pursuant to § 5 (3) and (4), which contain provisions in accordance with Section 5 (5), second sentence, are to be held in the same way as the regulation referred to in paragraph 1.

International agreements

§ 121a. In the interest of the safe, orderly and liquid handling of air traffic, it may be concluded that:

1.		that the Republic of Austria shall also have air traffic services carried out outside the Federal territory by the air navigation service providers designated pursuant to section 120 (1), or that air traffic services within the territory of the Federal Republic of Austria must be carried out by are to be carried out by other States with air navigation service providers which are certified in accordance with Community law;
2.		an agreement on the supervision of air navigation service providers, as required under Article 2 (3) and (4) of the Air Navigation Services Regulation, shall be adopted,
3.		the transfer of tasks pursuant to Section 119 (1) (2) to (4) or other tasks of the airspace organisation for air spaces outside the Federal territory by the Republic of Austria, the transfer of such tasks for airspace in the Federal Republic to a other State, an international organisation or any other intergovernmental body, and
4.		in the case of cross-border airspace, the application of uniform rules necessary or appropriate for the provision of air navigation services shall be agreed.

Air navigation services

§ 122. (1) Local installations for the purpose of air traffic control (air traffic control systems) may only be constructed, operated or substantially changed with the approval of the Federal Minister for Transport, Innovation and Technology. This authorisation shall be granted where public interests, in particular aviation security, are not endangered. The fulfilment of the essential requirements laid down in Article 2 of the interoperability Regulation and the implementing rules for interoperability adopted pursuant to this Regulation shall not be the subject of such authorization. The authorization shall be conditional, limited or subject to conditions, in so far as it is necessary to safeguard public interests or to ensure that it is intended to be carried out in a suitable way. The provision of § § 96 and 96a shall remain unaffected.

(2) The obligation to establish and operate the facility shall not apply to air traffic control installations which have been established and operated before 1 September 1997.

(3) The authorization referred to in paragraph 1 shall be issued if the establishment or the substantial modification of the installation does not commence within two years from the date of the entry of the legal force of the authorization. If the operation of the installation is not taken up within one year of the establishment or substantial change, or if it is over two years, the competent authority may, for reasons of aeronautical safety, revoke the authorization and Order the removal of the plant at the expense of the owner. The operator of the installation shall notify the competent authority of the non-inclusion or the resting of the holding.

(4) The establishment and operation of fixed military installations for the purpose of aviation safety Is responsible for the Federal Minister for National Defence, outside military airfields and their security zones in agreement with the Federal Minister for Transport, Innovation and Technology . These plants may only be constructed and operated if the Federal Minister for National Defence has determined, on the basis of an investigation procedure, that this does not endanger the safety of persons and property.

(5) The Regulation shall apply to the assessment and determination of the fees to be paid for the use of services and facilities of the air navigation service providers designated for the performance of air navigation services pursuant to § 120 (1) and (2) (EC) No 1794/2006 establishing a common charging scheme for air navigation services, OJ L 327, 30.12.2006, p. No. OJ L 341, 7.12.2006 p. 3. The amount of the fee rates shall be submitted to the Federal Minister for Transport, Innovation and Technology for approval and shall be made available in an airway-usual manner no later than two weeks before the respective effectiveness. The more detailed provisions on the enrolement and charging of fees are to be laid down in agreement with the Federal Minister of Finance, with the Federal Minister for Transport, Innovation and Technology Regulation. The fees shall be paid in the civil law. Statutory default interest rates are to be prescribated. Other federal regulations on the pre-writing and collection of air navigation service charges remain unaffected. The air navigation service providers designated for the performance of air navigation services in accordance with § 120 (1) and (2) shall be entitled, in the case of fee arrestings, to provide the air navigation services with respect to the fee debtor until payment is made. of the lost amount after prior written warning.

(6) The Regulation referred to in paragraph 5 may provide for the charging of fees to be carried out with the assistance of the civil aerodrome holder. In the case of the granting of the use of a military airfield for civil aviation purposes in accordance with Section 62 (3), the holder of this authorization shall replace the civil aircraft holder in this case.

(7) No charges pursuant to section 5 shall be paid for use flights in accordance with § 145. "

52. The words in § 123 (1) "in exceptional areas according to § 121" .

53. § 125 para. 2 lit. c is:

" (c)			conduct the on-board book, in accordance with Article 34 AIZ, both internationally and nationally, and the documents referred to in Article 29 of the AIZ, as well as any permits issued in accordance with Article 18 (2), (20) and (132), or on the basis of the to carry on board any flight permits issued pursuant to Section 24a and any copies of agreements issued in accordance with Article 24b (4) of the Agreement in accordance with Art. 83bis AIZ for each flight on board. "

§ 127 and headline reads:

" Military aviation events

§ 127. The execution of parades, aircrafts, contests and similar events involving military aircraft or other aircraft, commanded by members of the Federal Army (military aviation events), , without prejudice to other statutory provisions, the Federal Minister for National Defence. This has the agreement with the Federal Minister for Transport, Innovation and Technology before the implementation of military aviation events. "

55. In § 131 (2), the following sentence shall be inserted after the second sentence:

"This Regulation may, in so far as it proves to be unrelated, be made available in the usual manner of air travel."

56. In § 131, the following paragraphs 3 and 4 are added in accordance with paragraph 2:

" (3) The responsible aviation authority for the enforcement of the provisions adopted pursuant to paragraph 2 is Austro Control GmbH.

(4) The provisions laid down in paragraph 2 shall not be applied in so far as the operating rules laid down in Regulation (EC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, OJ L 327, 31.12.1991, p. No. OJ L 373, 31.12.1991, p. 4, as amended by Regulation (EC) No 8/2008, OJ L 327, 31.12.1991, p. No. OJ L 10, 12.1.2008, p. 1. The competent aviation authority for the purposes of these provisions is Austro Control GmbH. "

57. The following section heading is inserted before § 134a:

" D. Special security measures "

58. In § 134a, the following paragraph 8 is added:

"(8) The Federal Minister of Transport, Innovation and Technology may announce to those companies which have an upright authorisation as regulated agents in accordance with paragraph 1, the Internet, stating the address of the companies."

59. The section transcript before § 135 reads:

"E. Accidents and incidents in the air transport sector"

60. In § 136 (1), the introductory phrases shall be replaced by the following sentence:

"Perceived accidents, incidents and, to the extent that this is stipulated in a regulation in accordance with paragraph 2, events in civil aviation shall be reported to Austro Control GmbH without delay by the:"

61. In § 136 (1) the Z 7 reads:

" 7.		Persons entrusted with the performance of air traffic service tasks (Section 119 (2)), "

62. In § 136 (1) Z 8, the words "on civilian airfields" .

63. In § 136 (1), the following sentence is added:

"The reporting obligations laid down in other provisions shall remain unaffected."

64. In § 136 (2), after the word "Reporting Obligations" the words "and the circle of persons who are subject to notification" inserted.

65. In § 136 (3) and (6), the citation shall be "§ 120" through the citation "§ 120c" replaced.

66. In § 139a the previous " 2 " as " 3 " , and inserted in accordance with paragraph 1 of the following new paragraph 2:

" (2) Without prejudice to the jurisdiction of the ordinary courts, disabled passengers and persons with reduced mobility with reduced mobility may be entitled to dispute or appeal for alleged contraventions or prohibitions arising from the provisions of Regulation (EC) No 1107/2006 on the rights of disabled persons and persons with reduced mobility when travelling by air, OJ L 210, 31.7.2006, p. No. 1., the Federal Minister for Transport, Innovation and Technology. The Federal Minister for Transport, Innovation and Technology has to seek a friendly solution or to inform the parties of his view of the case. Air carriers and civil aircraft holders shall be required to participate in such a procedure and to provide all information necessary for the assessment of the facts and to submit any necessary documents. "

67. In the case of § 139a para. 3, the words "the procedure referred to in paragraph 1 and" by the words "the procedure laid down in paragraphs 1 and 2 of this Article" replaced.

Section 141 (6) reads as follows:

" (6) Austro Control GmbH shall be entitled to check compliance with the legal and safety regulations in force in the air transport sector. To the extent necessary for the proper implementation of the supervision, the pilots responsible and the civil aircraft owners shall provide any information necessary for the safety of the aviation sector and shall, at the request of the pilot, inspect in the documents to be carried on board. "

69. In § 141a the word "Supervisory" by the words "supervisors" replaced.

70. In § 145, paragraph 3, the citation "§ 120 (1)" through the citation "§ 120 (4)" replaced.

71. § 145a together with the title is:

" Military operational air traffic

§ 145a. (1) Military operational air traffic comprises all flight movements with military aircraft and military aircraft, which serve directly to fulfil the tasks of the Federal Army pursuant to § 2 of the Military Act 2001, with the exception of: Operational flights (§ 145). This includes, in particular, flights with military aircraft for the identification of aircraft suspected of infringing Austrian air sovereignty (identification flights) and flights for the preparation of an operation pursuant to § 2 para. 1 of the Wehrgesetz 2001.

(2) Military operational air traffic shall be treated as a priority in the implementation of air traffic control in accordance with § § 119 ff.

(3) Into the extent that the implementation of operational military air traffic requires exceptions to the provisions of the air traffic rules (§ 124), these are provided by the Federal Minister of Transport, Innovation and Technology in agreement with the Federal Minister for Defence of the Federal Republic of Germany.

(4) Special procedures for the implementation of military operational air traffic are to be laid down in a convention of the Federal Minister for National Defence with the Federal Minister for Transport, Innovation and Technology. "

72. In § 168 (2), the word order shall be " Other, with the monitoring of compliance with the legal and security regulations in force in aviation (§ 119 lit. (e) persons entrusted with the task (§ 120) " through the phrase "the bodies responsible for the performance of the air traffic service" replaced.

73. § 169 (1) (3) does not apply at the end of the lit. g the word "or" and then it will be the following lit. h to n:

" h)			Regulation (EC) No 549/2004 (framework regulation),
i)			Regulation (EC) No 550/2004 (air navigation service regulation),
j)			Regulation (EC) No 551/2004 (air space regulation),
k)			Regulation (EC) No 552/2004 (Interoperability Regulation),
l)			Regulation (EC) No 2096/2005 laying down common requirements for the provision of air navigation services,
m)			Council Regulation (EC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, as amended by Regulation (EC) No 8/2008,
n)			of Regulation (EC) No 1107/2006 on the rights of disabled persons and persons with reduced mobility when travelling by air, "

74. In § 169, the following paragraphs 5 and 6 are added:

" (5) The district managing authority may request information from the holder of a civil aircraft designated by the mark on who used that aircraft at a certain point in time as the responsible pilot in the flight. This information shall contain the name and address of the person concerned. If the holder cannot provide this information, he must name the person who can provide the information, the latter then meets the obligation to provide information. The information shall be provided immediately in the event of a written request within two weeks of notification. (constitutional provision) In relation to the authority of the district administrative authority to request such information, rights to refuse to provide information shall be returned.

(6) Civil aerodrome holders shall be obliged to keep records of the departures and/or landings of civil aircraft on the civilian airfield in question. These records shall, in any event, contain the date, the sign of the aircraft, and the name of the pilot responsible and the respective start and/or landing time in Coordinated Universal Time (UTC) and shall be at least for the To be kept for a period of one year after the registration has been completed. The district administration authority shall be granted access to such records from the civil aircraft holders on request. "

75. In Section 171 (1), the phrase " with the monitoring of compliance with the legal and safety regulations in force in aviation (§ 119 lit. (e) persons entrusted with the task (§ 120), in exceptional areas (§ 121), to the relevant military services, " through the phrase Organs authorised by Austro Control GmbH, the institutions entrusted with the performance of the air traffic service, the air spaces reserved for military use (§ 121), the military services concerned " replaced .

76. In § 171, para. 4, after the word " the words "Institutions of the Austro Control GmbH, the" inserted .

77. In accordance with § 172, the following § 172a shall be inserted with the title:

" Announcement in an airway-usual way

§ 172a. (1) The Austrian news bulletin for air drivers, the Aeronautical Information Publication [AIP] Austria), which can be used as a publication medium, can be used as a publication medium, in particular the Austrian Air Drivers ' Book for Air Drivers. Regular intervals or additions or the NOTAM (Notice to Airmen), which are used in a manner customary in the form and preparation of these publication means. The nature and content of the air travel agreement shall be determined by the competent authority responsible for the purpose of issuing the information. Austro Control GmbH is responsible for the implementation of the air-travel-standard customer service.

(2) Austro Control GmbH may operate the publication means in accordance with paragraph 1 in electronic form. In this connection, the customer-making activities on the Internet are to be kept ready for interrogation under an address to be disclosed by the Austro Control GmbH in a manner that is customary in air travel.

(3) The Federal Minister of Transport, Innovation and Technology may, by means of a regulation in the interests of the safe, orderly and liquid handling of air traffic, make the announcement of arrangements by means of light signals and ground signals and the like. "

78. The following paragraphs 29 to 33 are added in § 173:

" (29) (constitutional provision) Section 169 (5) in the version of the Federal Law BGBl. I n ° 83/2008 will enter into force on 1 July 2008.

(30) § 3 (1), § 4 (1), § 5 (4) and 5, § 11 (2), § 15 (3), (5) and (6), § 16 (1) and (2), § 18 (2), § 21 (2), § 24 and the title, § 24a (1), § 24b, including the title, § 34 (1), (3) and (4), § 39 (1) and (2), § 56, § 57, including Title, § 57a (1), § 62 (1) and (4), § 68 (1), § 70 (4), § 71 (3), § 72 (2), § 78 (1), § 80a, § 86, § 89, § 91a (7), § 91c, § 92 (2) and (3), § 94 including the title, § 95 including the title, § 96 (1), § 96a and the Title, the title of § 99, § 99 (1) and (4), § 102 (5), § 116 (1), § § 119 to 122, including headlines, § 123 (1), § 125 (2), § 127, and the title, § 131 (2), (3) and 4, § 134a (8), § 136 (1), (2), (3) and (6), § 139a (2) and (3), § 141 (6), § 141a, § 145 (3), § 145a, including the title, § 168 (2), § 169 (1), (5) and (6), § 171 (1) and (4), § 172a), including the title and § 174a, respectively, as amended by the Federal Law BGBl. I n ° 83/2008, enter into force on 1 July 2008.

(31) The provisions of Community law relating to compliance with international accounting standards by air navigation service providers shall be applied for the first time to the financial year of the respective air navigation service provider, which shall be applicable on or after the 1. Jänner 2007 begins.

(32) All prior to the entry into force of the Federal Law, BGBl. I No 83/2008, granted recognition by organisations pursuant to Article 3 and certifications of air navigation service providers in accordance with Article 7 of the Air Navigation Services Regulation, without prejudice to the provisions of section 120d (1), last sentence, and (2) last sentence, untouched.

(33) Regulations on the basis of this federal law in the version of the Federal Law BGBl. I n ° 83/2008, may be adopted before 1 July 2008, but may not be put into effect with that date at the earliest. '

79. In § 174a Z 1 the Citization "S.13," through the phrase " S. 13, as amended by Directive 2003 /105/EC, OJ L 327, 31.12.2003, p. No. OJ L 345, 31.12.2003, p. 97, replaced.

80. In § 174a the following Z 3 is added after Z 2:

Fischer

Gusenbauer