Law Amending The Law On Civil Aviation

Original Language Title: Закон за изменение и допълнение на Закона за гражданското въздухоплаване

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15498/

Name of law
Law amending the Law on Civil Aviation




Name Bill
Bill amending the Law on Civil Aviation





Date of adoption
05/11/2015



Number / year Official Gazette
89/2015







DECREE № 221
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Civil Aviation, adopted by HLIIІ National Assembly on November 5, 2015 || | Released in Sofia on November 10, 2015
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice Hristo Ivanov

Law amending the Law on Civil Aviation (prom. SG. 94 of 1972 .; amend., SG. 30 of 1990 SG. 16 of 1997, No. 85 of 1998, No. 12 of 2000, pcs. 34 and 111 of 2001, pcs. 52 and 70 of 2004, pcs. 88 and 102 2005 pcs. 30, 36, 37, 105 and 108 of 2006, pcs. 10, 41 and 109 of 2007, pcs. 36, 66 and 67 of 2008, pcs. 35 47 82 and 102 in 2009, pcs. 63, 73 and 94 of 2010, pcs. 41, 81 and 99 of 2011, pcs. 38, 60 and 82 of 2012, pcs. 15 and 66 2013 pcs. 12, 53 and 98 of 2014 and SG. 28 of 2015)
§ 1. In art. 8 new paragraph. 4:
"(4) The Directorate General" Civil Aviation Administration "is the competent authority under Regulation (EC) № 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation , establishing a European Aviation safety Agency and repealing Council Directive 91/670 / EEC Regulation (EC) № 1592/2002 and Directive 2004/36 / EC (OJ, L 79/1 of March 19, 2008 ), hereinafter "Regulation (EC) № 216/2008", and its implementing rules. "
§ 2. in art. 16b are made the following amendments:
1. In para. 3 pt. 2 the words "Regulation (EC) № 261/2004 on common rules on compensation and assistance to passengers in case of refusal of an air carrier to allow them to board the aircraft and of cancellation or delay of flights" are replaced by " Regulation (EC) № 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation ( EEC) № 295/91, hereinafter "Regulation (EC) № 261/2004".
2. A new paragraph. 5:
"(5) The Directorate General" Civil Aviation Administration "enforcement of obligations on air carriers by Regulation (EC) № 261/2004, in its capacity of national authority responsible for the implementation of this regulation." || | 3. Former para. 5 and 6 become par. 6 and 7.
§ 3. In art. 19 para. 4 shall be amended as follows:

"(4) The register of civil aircraft of the Republic of Bulgaria entered aircraft falling within the scope of Regulation (EC) № 216/2008 or national standards of airworthiness established by the ordinance under Art. 24, para. 6. "
§ 4. In art. 48i para. 1 'or the air carrier operating self-service "and the comma after they are deleted.
§ 5. Article 71 is amended as follows:
"Art. 71. The passenger may withdraw from the contract and get back Fare illness, including a member of his family who will travel with him, established by the medical establishment. "
§ 6. Article 76 is amended as follows :
"Art. 76. In the carriage of baggage, the liability of the carrier pursuant to the requirements of the Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on May 28, 1999 (ratified by law - SG. 67 of 2003) (SG No.. 6, 2004) and Regulation (EC) № 2027/97 of 9 October 1997 the Council on air carrier liability in case of accidents. "
§ 7. in art. 143 new para. 6:
"(6) A pecuniary penalty from 2000 to 5000 Levs of:
1. air carrier that fails to fulfill its obligations when denied boarding in accordance with Art. 4, paragraph 1 of Regulation (EC) № 261/2004;
2. air carrier that fails to fulfill its obligations to compensate passengers denied boarding against their will under Art. 4, paragraph 3 of the Regulation (EC) № 261/2004; 3
. air carrier that fails to fulfill its obligations under cancellation pursuant to Art. 5, paragraph 1, letter "a", "b" and "c" of Regulation (EC) № 261/2004;
4. air carrier that fails to fulfill its obligations to provide adequate assistance to passengers in the event of a flight delay pursuant to Art. 6, paragraph 1, letter "i", "ii" and "iii" of Regulation (EC) № 261/2004;
5. air carrier refuses to grant the right to compensation pursuant to Art. 7, paragraph 1 of Regulation (EC) № 261/2004;
6. air carrier that fails to fulfill its obligations to pay within seven days compensation pursuant to Art. 8 of Regulation (EC) № 261/2004;
7. Air carrier who refuses the right to care in accordance with Art. 9, paragraphs 1, 2 and 3 of Regulation (EC) № 261/2004;
8. air carrier that fails to fulfill its obligations to refund within seven days portion of the ticket price according to Art. 10, paragraph 2, letter "a", "b" and "c" of Regulation (EC) № 261/2004;
9. air carrier that fails to fulfill its obligations to inform passengers of their rights under Art. 14, paragraphs 1, 2 and 3 of Regulation (EC) № 261/2004;
10. air carrier that does not meet the complaints of passengers in the 6-week period from the date of submission;

11. air carrier that does not meet the set deadline of queries put to him by a national authority on art. 16, paragraph 1 of Regulation (EC) № 261/2004. "
§ 8. A Art. 143b:
"Art. 143b. A pecuniary penalty from 100 to 1000 Levs an air carrier does not fulfill its obligations to inform the final price with in its rates and charges under Art. 23 of Regulation (EC) № 1008/2008 of the European Parliament and of the Council of 24 September 2008 concerning common rules for the operation of air services in the Community (OB, L 293/3 of 31 October 2008). "|| | § 9. In art. 147b para. 1 the words "para. 5 "is replaced with" para. 6 '.
The law was adopted by the 43rd National Assembly on November 5, 2015 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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