Law Amending The Law On Civil Aviation

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

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Name of law a law amending the law on Civil Aviation, the Name Bill a bill amending and supplementing the law on civil aviation adopted 25/07/2012 number/year Official Gazette 60/2012 Decree No 291

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the law on Civil Aviation, adopted by the National Assembly of the HLI 25 July 2012.

Issued in Sofia on 30 July 2012

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Diana Kovatcheva

LAW

amending the law on Civil Aviation (official SG. 94 of 1972; amend., SG. 30 of 1990, no. 13 of 1997, no. 85 of 1998, 12/2000, no. 34 and 111 since 2001, and 52/70 by 2004, no. 88 and 102 of 2005, no. 30, 36 , 37, 105 and 108, 2006, issue. 10, 41 and 109 from 2007, PCs. 36, 66 and 67 of 2008, PCs. 35, 47, 82 and 102 of 2009, PCs. 63, 94 and 73 by 2010, PC. 41, 81 and 99 from 2011, and St. 38 by 2012.)

§ 1. In art. 16, al. 2 item 9 shall be established:

9. issue certificates of staff of:

a) airport operator who carries out security controls;

b) groundhandling operator who carries out security controls of goods and mail. "

§ 2. In art. 16 (e) make the following amendments and additions:

1. a new paragraph. 3 and para. 4-7:

"(3) in the amount of airport charges under art. 120, para. 1, collected by the airport operator at the airport with an annual traffic of over 5 million passenger movements or the airport operator at the airport with the largest number of passenger services on the territory of the Republic of Bulgaria, including the costs of performance of the functions of the independent supervisory authority under para. 1.

(4) an airport operator at the airport with an annual traffic of over 5 million passenger movements or the airport operator at the airport with the largest number of passenger services on the territory of the Republic of Bulgaria does not include in the amount of airport charges under art. 122, para. 2 the costs of performance of the functions of the independent supervisory authority under para. 1, when these costs are not agreed with airport users in the course of the procedure laid down in chapter X.

(5) the airport operator at the airport with an annual traffic of over 5 million passenger movements or the airport operator at the airport with the largest number of passenger services on the territory of the Republic of Bulgaria shall provide to the independent supervisory authority under para. 1 the funds collected as part of airport charges under art. 120, para. 1, for the performance of its functions.

(6) the conditions and procedures for the determination of the part of the airport charges under para. 5, as well as for their provision shall be determined by the Ordinance under art. 122, para. 1.

(7) the funds from the excess of revenue of the independent supervisory authority under para. 1, submitted by the airport operator at the airport with an annual traffic of over 5 million passenger movements or the airport operator at the airport with the largest number of passenger services on the territory of the Republic of Bulgaria, over the underlying and proven costs for the performance of its functions at the end of the calendar year qualify for the next financial year to be expended as a target for the performance of its functions. "

2. The current paragraph. 3 it al. 8.

§ 3. In art. 16 (g) the following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

"(1) the specialist unit for investigation in the Ministry of transport, information technology and communications is directly subordinate to the Minister of transport, information technology and communications."

2. a new paragraph. 2:

"(2) the special corps under para. 1:

1. maintain a system of mandatory and voluntary reporting of safety: aviation accidents, serious incidents and accidents;

2. organize, participate in and direct the investigation with regard to safety;

3. store the documentation of investigations and maintains an information database of aviation events;

4. prepare and disseminate an annual analysis and information bulletins for aviation events;

5. where a safety investigation analyzes the activities of natural and legal persons in the field of aviation and the functioning of the sites and facilities related to the specific event;

6. collect and analyse data on aviation safety in accordance with art. 4 (4) of Regulation (EC) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on investigation and prevention of civil aviation accidents and incidents and repealing Directive 94/56/EC (OB, L 295/35 of 12 November 2010), hereinafter referred to as "Commission Regulation (EC) No 996/2010 ';

7. has the right to divest all or part of the investigation, the safety investigation authority of another State after prior coordination with him. "

3. the Previous para. 2 and 3 become respectively al. 3 and 4.

4. a para. 5:

"(5) the functions of the special corps under para. 1 shall be carried out by inspectors in investigation. "

§ 4. In art. 43 para. 6 shall be amended as follows:

"(6) the Minister of transport, information technology and communications and the Minister of defense shall determine the conditions and procedures for the joint use of civilian airports for public use and military airports, as well as for the operation of flights of civil aircraft to and from the military airports."

§ 5. In art. 120, para. 4 make the following amendments and additions:

1. In paragraph 3 the end is added and certificates of security personnel ".

2. Section 26 is repealed.

§ 6. In art. 122 the following endorsements are added:

1. In paragraph 8. 1, after the word "fix" is added "with regulation".

2. in the Al. 2 creates a second sentence: "after the entry into force of the decision referred to in art. 122 k the amount of airport charges in the first sentence shall be included in the Ordinance referred to in para. 1. "

§ 7. In art. 142 following amendments and supplements shall be made:

1. In paragraph 8. 2, after the word "messages" "is added at the suggestion of the special corps under art. 16 g, para. 1. "

2. Paragraph 3 shall be amended as follows:

"(3) The appointment of the Commission under para. 2 investigation activities are carried out by the special corps under art. 16 g, para. 1, which coordinates the work of the Commission during the investigation. "

3. Paragraph 6 is replaced by the following:

"(6) with regard to the Safety Investigation shall be conducted independently of any judicial or administrative investigation. Written materials of the investigation and the final reports may not be used as evidence in court. The establishment and the degree of fault or liability are not the subject of the investigation. "

§ 8. In art. 143 the following endorsements are added:

1. In paragraph 8. 1 create item 17-19:

"17. hinder investigation inspectors to fulfil their obligations by not providing free access to the site of the accident or incident, the aircraft, its contents or its wreckage, personnel, equipment, sheds and any documents, records, explanations and premises which are relevant to the razsledvanoto event;

18. refused to surrender or escape, damage, or destroy explanations, documents, records, and any information or materials relating to the event razsledvanoto;

19. move, hide, replace, damage or destroy the wreckage of the aircraft and any evidence of an aviation accident, as well as carry out any action in respect of the remains of the aircraft, which have not been approved in advance by the authority which carried out the investigation. "

2. in the Al. 3 establishes that:

"1a. the airport operator or operator in groundhandling services, which allow to work an employee of the security personnel, who does not hold a certificate issued by the Directorate General for Civil Aviation Administration;".

§ 9. In art. 144 are created that 16 and 17:

16. "has no information and no reported aviation accident or serious incident;

17. allow dissemination of information, protected in accordance with the requirements of Regulation (EC) No 996/2010 and the Ordinance under art. 142, para. 4. "

§ 10. In art. 148 the following endorsements are added:

1. In paragraph 8. 1, after the word "Violations" comma, add "with the exception of those referred to in art. 143, item 17-19 and article. 144, item 16 and 17 "and a comma.

2. Al are created. 4 and 5:

"(4) the offences under art. 143, item 17-19 and article. 144, item 16 and 17 are noted acts, composed of persons appointed by the Minister of transport, information technology and communications.

(5) on the basis of the intervention under para. 4 acts the Minister of transport, information technology and communications or authorised by him shall issue official penalties. "

§ 11. In § 3 of the supplementary provisions the following amendments and additions:

1. point 2 shall be replaced by the following:

"2." Aviation accident "is an event associated with the operation of an aircraft, which in the case of the ultimate aircraft occurred from the time of boarding of a person with the intent to perform a flight until the moment when any persons on Board had left the aircraft, or, in the case of unmanned aircraft – in time from the moment when the aircraft is ready to embark in order to perform a flight until it finally stops at the end of the flight and the primary propulsion system be excluded, and in which:


a) a person has obtained the lethal or serious injury as a result of the presence on Board of the aircraft; direct contact with any part of the aircraft, including a split part of it; direct exposure to Jet Jet engines, except in cases where injuries have occurred as a result of a natural cause or self-injury, or injury of other persons, or where the injury was caused to the stowaways hiding in places which are normally not used by the crew or passengers;

(b)) the aircraft received damage or violation of the structure under which the breach is in the strength of the superstructure or deterioration of technical or flight characteristics of the aircraft, which normally would require major repair or replacement of the affected component, except for engine failure or damage, when the damaged one engine (including its fairings or ancillary aggregates) , or damaged only air propellers, wingtips, antennas, probes, blades, tires, wheels, fairings, panels, landing gear stvorkite, windscreens, the enclosure of the aircraft (such as small dents or punctures) or in light of the damage to the main rotor blades, blades of the tail landing gear screw, and as a result of hail or bird collisions (including punctures in the obtekatelâ of the radiolokatora);

c) aircraft is missing without a trace or is impossible. "

2. Section 34 is amended as follows:

"34." serious incident "an accident associated with the operation of an aircraft, the circumstances in connection with which indicate that there was a high probability that an accident occurs, which in the case of the ultimate aircraft occurred over time from the moment when a person gets on board an aircraft with the intention of flying, until such time as all such persons have left the aircraft or, in the case of unmanned aircraft – in time from the moment when the aircraft is ready to embark in order to perform a flight, to the point where it stops definitively at the end of the flight and the primary propulsion system be excluded. "

3. In paragraph 35, the word "any" should be deleted, the word "use" is replaced by "exploitation" and the word "aviation" is replaced by "exploitation".

4. Create t. 67-70:

"67." an Inspector "is an official of the composition of the special corps under art. 16 g, para. 1, whose task it is to participate and carry out an investigation in relation to safety.

68. ' fatal injury ' means an injury which is sustained by a person in an accident and led to his death within 30 days of the date of the accident.

69. "severe injury" means an injury which is sustained by a participant in an accident and having any of the following consequences:

a) hospitalization for more than 48 hours, started within seven days from the date of injury;

b) breakage of the bone (except simple fractures of fingers, toes, or nose);

c) causing ruptures strong bleeding or damage to nerve, muscle or tendon;

d) internal organ injury;

e) Burns of second or third degree or anything more than 5 percent of the body surface;

is exposure to proven) infectious substances or injurious radiation.

70. "safety investigation" is a procedure carried out by the authority for safety investigation for the purpose of accident and incident prevention which includes the gathering and analysis of information, reach conclusions, including the determination of cause/causes and/or contributing factors to the accident or incident, and, where appropriate, make recommendations for safety. "

The law was adopted by 41-Otto National Assembly on 25 July 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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