Name of law a law amending the law on Civil Aviation, the Name Bill a bill amending and supplementing the law on Civil Aviation, date of acceptance 06/10/2011 number/year Official Gazette 81/2011 Decree No 210
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 6 October 2011.
Issued in Sofia on 12 October 2011.
The President of the Republic: Georgi Parvanov
Stamped with the State seal.
Minister of Justice: Margarita Popova
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 and PC. 41 by 2011.)
§ 1. In art. 6, al. 1 and 2, the words "air craft service" are replaced by "commercial operations by aircraft."
§ 2. In art. 10 make the following amendments and additions:
1. In paragraph 8. 1 Add "subject to the approval of the Chief Executive Officer of the Directorate General for Civil Aviation Administration".
2. paragraph 2 is replaced by the following: "(2) the Director-General of the Directorate General for Civil Aviation Administration" examines licence applications under paragraph 1. 1 within 10 days from the date of entry, and in cases in which the Bulgarian operator provides a foreign air operator's aircraft on dry lease contract and there is no provision for write-down of the aircraft from the register of civil aircraft of the Republic of Bulgaria – within 20 days. "
3. Paragraphs 3 to 12 are repealed.
4. Paragraph 13 is replaced by the following:
(13) the Minister of transport, information technology and communications issued the Decree on the conditions and procedures for the provision of aircraft to use the lease. "
§ 3. In art. 12 (b), the words "State Register" shall be replaced by ' register of civil aircraft ".
§ 4. In art. 16, t 16, after the words "air-craft" a comma and the words "third countries" shall be replaced by "not recorded in the civil registry of the aircraft."
§ 5. In art. 16 (b) make the following amendments and additions:
1. In paragraph 8. 1:
and so is created):
"3A. apply and develop a national program for civil aviation safety;"
b) in point 7, the words "article. 16 "are replaced by" article. 16 g.
2. in the Al. 2 the word "head" is replaced by "Chief Executive Officer".
3. in the Al. 4, the words "within 7 days from ' shall be replaced by" at the moment ".
4. in the Al. 5 in the text before paragraph 1 the word "head" is replaced by "the Director".
§ 6. New art. 16 (e):
"Art. 16 (1) General Directorate for Civil Aviation Administration is the national independent supervisory authority within the meaning of Directive no 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (OJ, L 70/11 of 11 March 2009).
(2) the Directorate General for Civil Air administration navigable ": 1. consider and rule on a dispute between the airport operator and the users of the airport on the appropriateness and legality of the reasons for modifying the size of airport charges, which has determined the airport operator of an airport with an annual traffic of over 5 million passenger movements or the airport operator of airport with the largest number of passenger services on the territory of the Republic of Bulgaria;
2. develop and propose for approval by the Council of Ministers by the Ordinance under art. 122, para. 1 methodology for determining the amount of airport charges by species; the methodology is based on the principles of cost-orientation, transparency and equal treatment of the users of the airport with an annual traffic of over 5 million passenger movements or with the highest number of passenger services on the territory of the Republic of Bulgaria;
3. publish and update annually a list of the airports with annual traffic of over 5 million passenger movements or with the highest number of passenger services on the territory of the Republic of Bulgaria.
(3) the Directorate General for Civil Air-navigable administration "shall draw up an annual report on its activities as an independent supervisory authority and publish it on your page in the Internet."
§ 7. Former art. 16 (e) becomes art. 16 and it made the following changes and additions:
1. In paragraph 8. 1, after the words "such other period" a comma and add "as well as in the cases under art. 10, para. 2. "
2. in the Al. 2 the word "head" is replaced by "the Director".
3. in the Al. 3 the word "Head" is replaced by "the Director".
4. in the Al. 5 in the text before paragraph 1 the word "head" is replaced by "the Director".
5. in the Al. 6, paragraph 1 the word "head" is replaced by "Chief Executive Officer".
§ 8. The former art. 16, 16 g, 16 h, 16 and 16, k and l shall become article 16. 16 g, 16 h, 16, 16 k, 18 k and 16 meters, and former art. 16 m becomes art. 16 o.
§ 9. Former art. 16 o becomes art. 16 p and in it in the Al. 3 the words "art. 16 h "shall be replaced by" art. 16. "
§ 10. In art. 19 the following amendments and supplements: 1. Al. 2 the word "Head" is replaced by "the Director".
2. in the Al. 3 the word "head" is replaced by "the Director".
3. Paragraph 4 is replaced by the following:
"(4) in the register of civil air-craft of the Republic of Bulgaria shall be entered aircraft whose shelf life letatelna meets the requirements of Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC Regulation (EC) No 1592/2002, and Directive 2004/36/EC (OJ L 79/1, of 19 March 2008), hereinafter referred to as "Commission Regulation (EC) No 216/2008, and national norms of airworthiness as defined by the Ordinance under art. 24, para. 6. "
4. Al are created. 5 and 6:
"(5) the owner, the lessee, and in commercial air transport – the operator shall be responsible for the continuing airworthiness of the aircraft in accordance with the requirements of Regulation (EC) No 216/2008 and of the national norms of airworthiness as defined by the Ordinance under art. 24, para. 6.
(6) the Director-General of the Directorate General for Civil Aviation Administration issue certificates of airworthiness review under MA. 901 from Annex 1, section a, to Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks. "
§ 11. In art. 21 the following modifications are made:
1. In paragraph 8. 1 the words "Bulgarian register" shall be replaced by "the civil registry of the aircraft."
2. in the Al. 2 the words "Bulgarian register" shall be replaced by "the civil registry of the aircraft."
§ 12. In art. 26, after the word "establish" a comma and the words "breach of the relevant requirements under this law" shall be replaced by "that do not comply with the requirements of Regulation (EC) No 216/2008 and of the national norms of airworthiness as defined by the Ordinance under art. 24, para. 6. "
§ 13. Article 27 shall be amended as follows:
"Art. 27. The certificates of airworthiness and certificates of airworthiness issued by foreign competent bodies are recognized as valid in the Republic of Bulgaria, where:
1. the requirements for airworthiness in the country whose competent authority has issued certificates of airworthiness shall comply with the requirements of Regulation (EC) No 216/2008 or exceed them;
2. the Director-General of the Directorate General for Civil Aviation Administration "or authorised by him gave official consent review of air vessel, registered in the register of civil aircraft of the Republic of Bulgaria, to be carried out in another country, under the legislation of any airworthiness requirements are consistent with the requirements of Regulation (EC) No 216/2008 or exceed them."
§ 14. Article 28 shall be amended as follows:
"Art. 28. the General Directorate for Civil Aviation Administration "carries out inspection of the platform of foreign air-craft, landing at airports in the territory of the Republic of Bulgaria and suspected that do not comply with international safety standards."
§ 15. Article 29 shall be amended as follows:
"Art. 29. (1) an aircraft without a certificate of airworthiness or of registration without admission to permit flight or whose distinctive signs do not correspond to the signs referred to in such certificates, shall be kept by the Director-General of the Directorate General for Civil Aviation Administration or an official authorised by him.
(2) Foreign aircraft shall be retained by the persons referred to in para. 1 and when:
1. as a result of the inspection of the aircraft on the platform establish immediate and obvious threat to safety;
2. as a result of the inspection of the aircraft on the platform, it is established that there is a likelihood that the operator fails to take the measures before the implementation of the flight for the removal of the established nonconformities, thus will directly endanger the safety of aircraft and passengers;
3. There is a refusal of inspection.
(3) in the cases referred to in para. 1 and 2 the Director-General of the Directorate General for Civil Aviation Administration "shall immediately notify the air operator and the relevant authorities of the country of registration of the aircraft.
(4) in the cases referred to in para. 2, item 2 the aircraft shall be detained until the danger.
(5) in the cases referred to in para. 2, item 2 the Director-General of the Directorate General for Civil Aviation Administration may permit the carrying out of the prebaziraŝ flight without passengers to a maintenance base.
§ 16. Art is created. 29A:
"Art. 29. (1) where, as a result of the inspection on the platform of a foreign aircraft, it is established that there are inconsistencies with international safety standards, but there is no need for detention, the Director-General of the Directorate General for Civil Aviation Administration or an official authorised by him:
1. restrictions on the operation of the aircraft, where it is found that it can continue its flights only subject to those restrictions;
2. prescribe taking action to remedy the deficiencies before the flight be executed.
(2) in the cases referred to in para. 1, item 2 the Director-General of the Directorate General for Civil Aviation Administration may permit the carrying out of the prebaziraŝ flight without passengers to a maintenance base.
§ 17. In art. 37 following amendments and supplements shall be made:
1. In paragraph 8. 1, after the word "fix" is added "with regulation".
2. in the Al. 2 the words "specialized transport aviolekarska Committee, whose status, composition and rules of operation shall be determined by the Minister of transport, information technology and communications" shall be replaced by "aviation medical centres or Aero-medical experts, who possess a certificate for this activity, issued by the Chief Executive Officer of the Directorate General for Civil Air administration navigable".
3. Al are created. 3 and 4:
"(3) the Minister of transport, information technology and communications shall determine the conditions and procedures for the issuance of the certificate with the Ordinance referred to in para. 1.
(4) the Ordinance referred to in para. 1 lay down the conditions and procedure for the issue of a medical certificate for private pilot from general practitioner. "
§ 18. In art. 43 the following modifications are made:
1. In paragraph 8. 2:
a) in paragraph 1 the words "air flights" are replaced by "commercial operations with air-vessel";
b) in paragraph 2 the words "flights for air services against payment" shall be replaced by ' commercial aircraft operations.
2. in the Al. 7 the words "non-commercial flights" are replaced by "flights, other than commercial air transport".
§ 19. In art. 48 a, para. 3, item 1 (c), the word "signal" is replaced by "air navigation".
§ 20. In art. 49 following amendments and supplements shall be made:
1. Paragraphs 1 and 2 shall be read with the following adaptations:
"(1) the Minister of transport, information technology and communications shall determine by regulation the rules governing flights in controlled airspace of the Republic of Bulgaria.
(2) Flights involving aircraft with a maximum take-off mass not less than 2000 kg are carried out in the controlled airspace of the Republic of Bulgaria on the flight plan. "
2. a new paragraph. 3:
"(3) Flights involving aircraft with a maximum take-off mass up to 2000 kg carry out flights in line with the Ordinance referred to in para. 1. "
3. The current paragraph. 3 it al. 4.
§ 21. In art. 53, para. 2, item 2, the word "lighting" and the comma after it is deleted.
§ 22. In art. 60 para. 1 shall be amended as follows: ' (1) Jumping with a parachute and disposal of cargo by parachute from aircraft in controlled airspace or over populated areas, with the exception of the cases referred to in para. 2 shall be carried out under conditions and by an order determined by the Chief Executive Officer of the Directorate General for Civil Aviation Administration "."
§ 23. Art is created. 62 (a):
"Art. 62. (1) it is prohibited to directing a laser beam or a different light with high intensity to the aircraft in a way that is blinding the crew or creates conditions for aircraft damage and/or injury to its staff or passengers.
(2) the Director-General of the Directorate General for Civil Aviation Administration defines "zones in areas of the airports, which prohibits or restricts the use of laser beams or other directed light with high intensity."
§ 24. Articles 119, 119 (b), 119 (c) and 119 (d) is repealed.
§ 25. Chapter IX shall be ' a ' with art. 119 e-119 (g):
"Chapter Ix" And "
NON-COMMERCIAL FLIGHTS
Art. 119 (1) non-commercial Flight is any flight other than the flight for making a commercial operation with aircraft, including sports flights, flights for pulling the glider, flights for the performance of parachute jumps and training flights, when carried out free of charge.
(2) the Minister of transport, information technology and communications on a proposal from the Director-General of the Directorate General for Civil Aviation Administration "shall lay down the conditions and procedure for carrying out flights under para. 1.
Art. 119. (1) persons who have received a certificate from the Chief Executive Officer of the Directorate General for Civil Aviation Administration or an official authorised by him may operate one or more of the following activities: 1. maintain control of airworthiness and certification of airworthiness review certificate of ultralight air-craft, carrying out flights for non-commercial purposes;
2. conduct training for the acquisition and maintenance of qualification of pilots and of the persons carrying out training of pilots of ultralight aircraft, carrying out flights for non-commercial purposes, the programmes approved by the Director of the Directorate General for Civil Aviation Administration, as well as the issue of a certificate for completed training;
3. control of persons engaged in the training of pilots of ultralight aircraft, carrying out flights for non-commercial purposes;
4. training for the acquisition and maintenance of qualification of the persons carrying out maintenance, and persons engaged in the training of personnel for the maintenance of the ultralight air-craft, carrying out flights for non-commercial purposes, as well as the issue of a certificate for completed training;
5. control of persons engaged in the training of personnel for the maintenance of the ultralight aircraft, carrying out flights for non-commercial purposes;
6. control of pilots performing non-commercial flights with ultralight aircraft;
7. control of persons carrying out maintenance on ultralight aircraft, carrying out flights for non-commercial purposes;
8. conduct training and/or persons exercising control of air sports, as well as the approval and control of persons engaged in the training of athletes, practicing air sports.
(2) the certificate referred to in para. shall be issued to a person who:
1. has been registered under the commercial law or is registered as a dealer under the legislation of a Member State of the European Union or of another State party to the agreement on the European economic area, under the law of non-profit legal entities or non-profit entity under the legislation of a Member State of the European Union;
2. produce a guide to the activities approved by the Director of the Directorate General for Civil Aviation Administration ";
3. the presented list of managerial staff, approved by the Chief Executive Officer of the Directorate General for Civil Aviation Administration ";
4. employ staff with the training and experience necessary to carry out the activity;
5. presented a description of quality system and has shown the quality Manager, approved by the Chief Executive Officer of the Directorate General for Civil Aviation Administration ".
(3) the Minister of transport, information technology and communications shall determine by regulation the conditions for proof of the conformity of persons referred to in para. 1 with the requirements and procedures for the issuing of the certificate referred to in para. 1, as well as the conditions and procedures for carrying out the activities referred to in para. 1.
(4) the Director-General of the Directorate General for Civil Aviation Administration "refuses to issue the certificate referred to in para. 1 where the applicant does not satisfy any of the conditions referred to in paragraph 1. 2, set out in detail the Ordinance referred to in para. 3.
(5) the persons referred to in para. 1 maintain insurance coverage for liability for damage caused in connection with the implementation of these activities.
(6) for the purpose of issuing the certificate referred to in para. 1 collect fee, under conditions and in accordance with procedures laid down by an act of the Council of Ministers.
Art. 119. (1) organizing and conducting sporting events in the field of air sports, as well as the public aviation events take place in the established conditions for the safe performance of these activities, as well as for the safety of third parties and rules developed by the organizers and approved by the Director of the Directorate General for Civil Aviation Administration ".
(2) the persons carrying out activities in air sports and public aviation events, insure the places in the air vessel, as well as aviation personnel and their responsibilities in the event of an accident – in relation to third parties. "
§ 26. In art. 120 following amendments and supplements shall be made:
1. In paragraph 8. 1:
a) in paragraph 3 the words "beginning the journey from the airport ' shall be deleted;
(b)) shall be item 5 and 6:
5. Security ";
6. noise (environmental).
2. in the Al. 4 create p. 23-27:
"23. amendment of flying and technical documentation;
24. an authorisation to carry out the flight;
25. coordinated opinions on art. 16 (b), para. 1, item 6, with the exception of those given for the needs of bodies of the State administration;
26. consideration of complaints under art. 122 k;
27. the issue of Aero-medical centres or Aero-medical experts. "
3. in the Al. 5:
a) in paragraph 1, after the word "provided" there shall be added "in this Act" and a comma;
(b)) is hereby set up item 4: "4. from the airport the airport operator with 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. "
§ 27. Article 120 (a) is repealed.
§ 28. In art. 122 following amendments and supplements shall be made:
1. The current text becomes paragraph 1 and add "with the exception of the cases referred to in para. 2. "
2. a para. 2:
"(2) 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, or the Director-General of the Directorate General for Civil Aviation Administration" shall adopt a decision on the size of airport charges, in accordance with the procedure referred to in art. 122 e-122 with. "
§ 29. In art. 122 in, al. 3 section 2 is repealed.
§ 30. Chapter x shall be "in" with art. 122 – 128 t:
"Chapter X" In "
PROCEDURE FOR DETERMINING THE AMOUNT of AIRPORT CHARGES to the AIRPORT with an annual TRAFFIC of over 5 MILLION PASSENGER MOVEMENTS or AIRPORT with the largest number of PASSENGER SERVICES on the TERRITORY of the REPUBLIC OF BULGARIA
Art. 122. (1) an airport operator at an airport with an annual traffic of over 5 million passenger movements or airport with the largest number of passenger services on the territory of the Republic of Bulgaria:
1. consultation with airport users or representatives of airport users ' associations for the size of the airport charges and, where appropriate, for the quality of the services provided at the airport;
2. shall conduct the consultations referred to in paragraph 1 at least once a year, unless the latter consultation is otherwise agreed.
(2) where there is a multi-annual agreement between the airport operator and the airport users, consultation under paragraph 1. 1 paragraph 1 shall be carried out under the conditions and in accordance with procedures provided for in the agreement.
Art. 122. (1) if necessary by changes to the airport charges an airport operator under art. 122, para. 1 airport users submit a proposal to amend the size of airport charges, together with a justification of the proposed amendments no later than four months prior to their entry into force.
(2) in the case of exceptional circumstances, which are justified by the airport operator under art. 122, para. 1 in front of airport users, the period referred to in paragraph 1. 1 may be shorter than four months.
(3) the Aerodrome operator under art. 122, para. 1 consultation with airport users on the proposed changes and discuss their opinions before making a final decision.
(4) the Aerodrome operator under art. 122, para. 1 shall make public its decision on al. 3 through the mass media, by sending him to the bodies of the persons concerned or in some other appropriate manner.
(5) in the Al. 3 must be disclosed terms for its entry into force, which may not be less than two months after its announcement.
Art. 122. (1) in the conduct of consultations on proposals for changes in the size of the airport charges an airport operator under art. 122, para. 1 provides each airport user, or the representatives of associations of airport users information about the components that are the basis for determining the amount of airport charges.
(2) the information referred to in para. 1 contains:
1. the list of services, infrastructure and facilities of the airport, for which airport charges are to be paid;
2. the methodology used to determine the amount of airport charges;
3. cost structure of services, infrastructure and facilities of the airport, for which airport charges are to be paid;
4. revenue from airport taxes and the total cost for the services, infrastructure and facilities of the airport, which is included in the formation of the size of airport charges;
5. information on funding from public authorities for the services, infrastructure and facilities of the airport, for which airport charges are to be paid;
6. the estimates for the airport in connection with the proposed airport charges, traffic growth and the proposed investment;
7. the actual use of airport infrastructure and equipment over a given period;
8. the foreseeable result of the significant investments with a view to their impact on the capacity of the airport.
Art. 122. (1) before the commencement of the consultation on changes in the size of airport charges the airport users submit information to the aerodrome operator under art. 122, para. 1, which contains:
1. estimates of the airport user traffic, the number and type of aircraft that depart and arrive at the airport, and their planned use;
2. projects of the airport user for its development;
3. the requirements of the user of the airport to airport infrastructure and facilities related to the work undertaken by him at the airport concerned activity.
(2) correspondence between airport operators and airport users in connection with the determination of airport charges is confidential and constitutes an industrial or trade secret.
Art. 122 HP. (1) an airport operator under art. 122, para. 1 set by decision the amount of airport taxes and announced publicly through the media, by sending the decision to the persons concerned organisations or in some other appropriate manner.
(2) the decision on para. 1 is an individual administrative act and shall be subject to appeal to the Chief Executive Officer of the Directorate General for Civil Aviation Administration "about its feasibility and legality.
(3) an appeal under para. 2 may submit user or an Association of users of the airport concerned under art. 122, para. 1.
(4) the appeal shall be lodged within 14 days of the announcement of the decision on para. 1. The complaint shall state the evidence and circumstances to be justified by them. To the complaint shall be submitted written evidence and apply document for paid fee for handling the complaint.
(5) the Director-General of the Directorate General for Civil Aviation Administration "announced on the website of the Directorate General for Civil Aviation Administration" complaint, evidence to it and the date on which it was received. A copy of the complaint be sent to the airport operator, accepted the decision, and of the persons referred to in para. 3 within three days from the date of its receipt. the data representing the commercial or industrial secret shall be indicated expressly by the applicant and be unannounced.
(6) within 7 days of notification, the persons referred to in para. 1 may submit its opinion on the complaint, accompanied by evidence.
Art. 122 l. (1) the decision under art. 122 k, al. 1 is not executed before expiry of the period for its appeal and, upon complaint, to the resolution of the dispute by the Director-General of the Directorate General for Civil Aviation Administration "under the conditions of paragraphs 1 and 2. 2 and art. 122 p.
(2) within four weeks of the filing of the complaint, the Director-General of the Directorate General for Civil Aviation Administration "adopt a decision amending temporarily the size of airport charges, except if the final decision is adopted within the same period.
(3) in the provisional decision the Director-General of the Directorate General for Civil Aviation Administration ":
1. to affirm the decision of the aerodrome operator under art. 122, para. 1;
2. adopt a decision different from that of the aerodrome operator under art. 122, para. 1.
(4) Interim decision cannot be appealed against and shall apply until the entry into force of the final decision of the Chief Executive Officer of the Directorate General for Civil Air administration navigable ".
Art. 122 m (1) within 14 days from receipt of the complaint, the Director-General of the Directorate General for Civil Aviation Administration "rule on its admissibility by checking:
1. If it is filed by a person referred to in art. 122 k, al. 3;
2. If it is filed within the time limit under art. 122 k, al. 4.
(2) where there is no any of the conditions referred to in paragraph 1. 1, the Director-General of the Directorate General for Civil Aviation Administration "adopt a reasoned decision, which refused to consider the appeal.
(3) the decision with reasons in al. 2 is announced publicly on the date of its acceptance by the media, by sending the decision to the persons concerned organisations or in some other appropriate manner.
Art. 122. (1) within 7 days of the adoption of the decision on the admission of the appeal the Director-General of the Directorate General for Civil Aviation Administration "hearing the parties to the dispute.
(2) the Director-General of the Directorate General for Civil Aviation Administration "may appoint independent external experts in the course of the hearing, to assist the parties to reach agreement.
(3) after the hearing, the Director-General of the Directorate General for Civil Aviation Administration "sent recommendations to the parties to the dispute.
(4) When the airport operator under art. 122, para. 1 and airport users reach an agreement, they shall notify in writing the Chief Executive Officer of the Directorate General for Civil Aviation Administration ".
(5) within three days from the date of the written notification referred to in paragraph 1. 4 the Director-General of the Directorate General for Civil Aviation Administration "shall adopt a decision which terminates the proceedings in the dispute.
Art. 122 Oh. (1) where the parties to the dispute fail to reach agreement on the procedure of art. 122 h, para. 4, the Director-General of the Directorate General for Civil Aviation Administration "indicates their writing to provide additional submissions, set a time limit for this. The period may not be longer than 14 days.
(2) the Aerodrome operator under art. 122, para. 1 and airport users shall send the opinions referred to in paragraph 1. 1 to the Chief Executive Officer of the Directorate General for Civil Aviation Administration ", accompanied by evidence.
(3) the Director-General of the Directorate General for Civil Aviation Administration "examines the opinions collected additional data and information by sending instructions for providing additional data and information.
(4) the Director-General of the Directorate General for Civil Aviation Administration "can appoint experts under the conditions and by the procedure provided for in the administrative code.
(5) the Director-General of the Directorate General for Civil Aviation Administration "sent to any of the parties in the course of the procedure the collected documents and allows them to express their opinion in writing.
Art. 122 p. (1) the Director-General of the Directorate General for Civil Aviation Administration "at least two hearings held by the parties to the dispute, as for each of them shall notify them in advance and indicate the matters that will be discussed.
(2) the taking of evidence, the conduct of hearings and the provision of information and data by the parties to the dispute shall end within 30 days before the date of delivery of the Chief Executive Officer of the Directorate General for Civil Aviation Administration ". Opinions, data and information submitted after this deadline shall not be considered.
Art. 122 p. (1) the Director-General of the Directorate General for Civil Aviation Administration "shall decide on the appeal by a decision within four months of its receipt.
(2) the period referred to in para. 1 may be extended by two months in exceptional and duly justified cases.
(3) the decision of the Chief Executive Officer of the Directorate General for Civil Aviation Administration "can:
1. confirms the decision of the airport operator;
2. confirm the interim decision under art. 122 l, al. (2);
3. contains conclusions and conditions different from those in the decisions referred to in paragraphs 1 and 2.
(4) in the Al. 1 shall be considered and shall specify the reasons that match or are not in accordance with the methodology adopted by the Ordinance under art. 122. (5) the decision of the Chief Executive Officer of the Directorate General for Civil Aviation Administration "is an individual administrative act which is subject to appeal under the conditions and by the order of the Administrative procedure code.
Art. 122. (1) the Aerodrome operator under art. 122, para. 1 consult with the users of the airport concerned, prior to being laid down, plans for new infrastructure projects of the airport of the conceptual phase of the project.
(2) at the end of each calendar year, the airport users shall notify the aerodrome operator under para. 1 for their operational forecasts, development plans, requirements and suggestions.
Art. 122 (1) an airport operator under art. 122, para. 1 and users or associations of airport users can negotiate and conclude an agreement on the quality of the services provided at the airport.
(2) the agreement referred to in para. 1 determines the quality of reports provided by the airport operator under art. 122, para. 1 services which airport users are entitled to receive fees paid by them against the charges.
(3) the Aerodrome operator under art. 122, para. 1 can offer different quality and type of airport services, terminals or parts of terminals, with a view to providing tailored services or a dedicated Terminal or part of Terminal.
(4) the level of airport charges may be differentiated according to the quality and scope of services provided at the airport, and their costs or any other objective and transparent factors.
(5) Every airport user under art. 122, para. 1 has the right to access personalized services or specialised terminals or parts of terminals.
(6) When the capacity of the airport under art. 122, para. 1 does not allow access for all users wishing to enjoy personalized services and/or the specialized terminals or parts of terminals, access shall be granted under the conditions and in accordance with procedures laid down by the aerodrome operator under art. 122, para. 1 and approved by the Director of the Directorate General for Civil Aviation Administration "."
§ 31. In art. 139, para. 1, item 4, the words "article. 16 "are replaced by" article. 16 g.
§ 32. In art. 142, para. 3 the words "art. 16 "are replaced by" article. 16 g.
§ 33. In art. 144 following amendments and supplements shall be made:
1. In paragraph 12 the words "aviation service against payment" shall be replaced by the words "commercial operation" by aircraft.
2. an item 15:
"15. intentionally points or allow it to be directed to the aircraft a laser beam or other direct light with high intensity in a way that creates a threat to aviation safety, damage to an aircraft or injury to its staff or passengers."
§ 34. In § 3 of the supplementary provisions the following amendments and additions:
1. Section 6 is repealed.
2. In paragraph 10, the word "head" is replaced by "Chief Executive Officer".
3. Section 32 is amended as follows:
"32." tolls for the flyover in the controlled airspace of the Republic of Bulgaria "are fees charged for razhodoorientirani, an area of charging on the route."
4. a t. 32A:
"32." charges for air navigation services and the use of navigation equipment of the Bulgarian air traffic services authority in zones and areas of the airports ' fees are determined for razhodoorientirani, a terminal area for the collection of taxes. "
5. In paragraph 36, after the words "aircraft" is added "use of Visual air navigation means" and the words "service and safety of the passengers" are replaced by "the handling and safety of the passengers and cargo".
6. Section 48 is amended as follows:
"48." air navigation services "means services that include air traffic control, communication, navigation and surveillance services, air navigation meteorological services and aeronautical information services."
7. Create is that 60-66:
"60." airport user "means any natural or legal person engaged in the carriage of passengers, mail and/or freight by air from or to the airport concerned.
61. "Sports flights are flights that demonstrate and evaluate the skills to fly without restrictions of the spatial position of the aircraft on the racing or training for such demonstrations performed by specially established for this purpose, the aircraft. Sports flights include free (no relation to another aircraft or ground) flights with non-motorized aircraft.
62. "Ultralight aircraft" means aircraft under letters "e", "f", "g" and "j", of annex II to Regulation (EC) No 216/2008.
63. "commercial operation of aircraft" is a concept within the meaning of Regulation (EC) No 216/2008.
64. "Flying and technical documentation" are a guide for the conduct of flights, a programme for the prevention of aviation incidents, accidents investigation instruction, program quality assurance, technical flight log program for maintenance of aircraft, list of minimum technical equipment, description of the Organization to maintain continuous airworthiness description/manual maintenance organisation Exposition, description of the training and testing of maintenance staff Guide for control of maintenance, approval of Simulator for training and continuing training of aircraft, a guide to the work of the Organization/educational centre for training of flight personnel, flying training program and continuing training of cockpit personnel, trained in the Learning Center.
65. "air sports are sports activities including aerial acrobatics (stunt figurative), flights with free balloons, motor and hang gliding, including air races with aircraft, parachuting, paragliding, etc.
66. "stunt Figurative" are purposefully maneuvres performed by aircraft without restrictions of the spatial position. "
Additional provisions
§ 35. In other texts of the law the words "head/head of the Directorate General for Civil Aviation Administration" shall be replaced by "the Chief/Chief Executive Officer of the Directorate General for Civil Aviation Administration".
§ 36. This law introduces the requirements of Directive no 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (OJ, L 70/11 of 14 March 2009).
Transitional and final provisions
§ 37. (1) the State Enterprise "air traffic" transmitted to the Ministry of transport, information technology and communications assets, representing equipment and systems for Visual air navigation equipment (lighting security), located in the territory of civil airports for public use, under the conditions and in accordance with procedures laid down by an act of the Council of Ministers.
(2) the assets of the Al. 1 shall be made available for use by the Ministry of transport, information technologies and communications of the aerodrome operator under art. 43 e of the airport under the conditions and in accordance with this Act within six months from the day of the promulgation of this law in the Official Gazette.
(3) the assets of the Al. 1 shall be made available for use by the Council of Ministers of the airport operator – a concessionaire at the airport concerned, under the conditions and by the procedure of the law on concessions within 6 months from the day of the promulgation of this law in the Official Gazette.
§ 38. (1) the Minister of transport, information technology and communications issued the Ordinance under art. 119, para. 3 within 6 months of the publication of this law in the Official Gazette.
(2) within 6 months from the day of the promulgation of this law in the Official Gazette the airport operator at the airport with an annual traffic of over 5 million passenger movements or the airport with the largest number of passenger services on the territory of the Republic of Bulgaria shall take the action under art. 122 is also determined by a judgment the amount of the charges.
(3) in a six-month period under paragraph 1. 1 and, respectively, until the entry into force of the decision referred to in paragraph 1. 2 apply the fees payable by species and size, set the current row.
§ 39. (1) the provisions of § 21 regarding art. 53, para. 2, item 2 and § 26 paragraph 1, point (b), concerning art. 120, para. 1, item 5 and 6 take effect within 6 months after the promulgation of this law in the Official Gazette.
(2) the provisions of § 22 concerning art. 60, para. 1 and § 25 on chapter IX "and" Flights "for non-commercial purposes" shall enter into force in 10 months after the promulgation of this law in the Official Gazette.
The law was passed by the National Assembly 41-Otto on 6 October 2011 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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