Name of law a law amending the law on Civil Aviation, the Name Bill a bill amending and supplementing the law on Civil Aviation of acceptance Date 18/05/2011 number/year Official Gazette 39/2011 Decree No 116

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 18 May 2011.

Issued in Sofia on 26 May 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 and PCs. 63, 94 and 73 by 2010.)

§ 1. In art. 48 (e) make the following amendments and additions:

1. In paragraph 8. 2:

a) point 3 is replaced by the following:

"3. the Organization and he has a technique and/or technology providing compliance with the applicable standards and procedures for the security and safety of persons, aircraft, and equipment of the airport concerned; the applicant proves that has all the necessary equipment and/or technology by presenting documents certifying the right of ownership, rental or the right to use the otherwise relevant technique and/or technology; "

b) item 5 is created:

"5. the insured's liability towards third parties, the responsibility for the failure of or damage to cargo, baggage and mail and in respect of leased staff – against an accident, for which presents an insurance contract to cover all required by law risks."

2. in the Al. 4, after the words "ground service" is add "or self-service.

3. in the Al. 5, the words "processing of cargo and mail, aircraft servicing peronno and service of fuel and oil of v″duhoplavatelni resources" shall be replaced by ' peronno service of air vessels, aircraft with fuel and oil handling, freight and mail-in terms of physical handling of freight and mail, whether incoming, outgoing or transfer between the airport terminal and the aircraft. "

4. Paragraph 7 shall be amended as follows:

"(7) The airport traffic with over $ 2 million. passengers or with an annual cargo flow exceeding 50 000 tons the number aviation operators, who have the right to carry out self-service for the baggage handling, customer service peronno air vessels, aircraft with fuel and oil handling, freight and mail-in terms of physical handling of freight and mail, whether incoming, outgoing or transfer between the airport terminal and aircraft may not be less than two, unless there are candidates. Below the thresholds in the first sentence be carried out self-handling freely. "

5. in the Al. 8:

a) in paragraph 3 the words ' air carrier ' shall be replaced by "aircraft operators";

b) in paragraph 4, the words "in cases where the air carrier" shall be replaced by "operator for the activities";

in t is created) 6:

6. determine the number of air operators engaged in self service on one or more activities referred to in paragraph 1. 7. "

6. Al are created. 13-22:

"(13) the airport operator shall inform the General Directorate for Civil Aviation Administration" in the circumstances under para. 9. Within three months of notification, the head of the General Directorate for Civil Aviation Administration "shall appoint an inspection and issued an order.

(14) when the number of air carriers carrying out self-handling is limited in accordance with para. 8 to carry out the activity concerned, the head of the General Directorate for Civil Aviation Administration "defines the air carrier or air carriers, which carry the largest share of passengers and/or cargo at the airport for the calendar year prior to the entry into force of the decision on the imposition of the restriction.

(15) access to self-service of air carriers, as defined under paragraph 1. 14 shall be granted for a period not exceeding seven years.

(16) where an air carrier designated by al. 14, holds the license to the operator in groundhandling for the activity at the airport, he gains access to self-service from the entry into force of the decision on the imposition of the restriction under paragraph 1. 8.

(17) an air carrier designated by al. 14, which does not hold for an operator on the ground handling services at the airport for the activity, acts to its receipt under this law within 60 days of the entry into force of the decision on the imposition of the restriction under paragraph 1. 8.

(18) when the conditions laid down in para. 14 candidates declare that they do not wish to carry out self-service on the airport or do not take action to obtain a licence within the period referred to in paragraph 1. 17, or has made effective refusal to get a license, the head of the General Directorate for Civil Aviation Administration "shall issue a decision laying down the ground operator self service to applicants with the next-largest share in the servicing of passengers or goods.


(19) the head of the General Directorate for Civil Aviation Administration "with a self-service access takes to air carriers or airlines designated under paragraph 1. 14, when for a period longer than one year, had ceased to meet the criteria under paragraph 1. 14.

(20) the head of the General Directorate for Civil Aviation Administration "at the request of airport operator with a market access takes the operator in groundhandling services or self-handling, which does not comply with the mandatory provisions of art. 48 h, para. 1 of the airport concerned.

(21) the head of the General Directorate for Civil Aviation Administration "with a warrant takes market access of the operator on the ground service or self-service, when the operator does not begin operations within 60 days of the receipt of the access, the license taken away from him or is declared bankrupt.

(22) the acts of the head of the General Directorate for Civil Aviation Administration "under para. 8, 14, 18-21 appeal pursuant to the administrative code.

§ 2. In art. 48, al. 4, the words "article. 48 e, para. 8, paragraph 1 "are replaced by" article. 48 e, para. 8, item 2. "

§ 3. In art. 48 (g) the following amendments and supplements shall be made:

1. In paragraph 8. 4 the number "5" shall be replaced by "7".

2. in the Al. 6:

a) points 2 and 3 shall be read with the following adaptations:

2. list of performance "able-bodied" technique, necessary for the implementation of the inherent activities, ensuring compliance with applicable standards and procedures for the security and safety of persons, aircraft, and equipment of the airport concerned;

3. a list of the names and addresses of the persons who intend to be employed, as well as evidence that those persons possess the necessary qualifications and professional experience, as well as the Declaration of consent of persons and for commitment; "

(b)) a new item 4:

"4. the business plan;"

in the past) item 4 and 5 shall become item 5 and 6.

3. in the Al. 7 the words "item 4" shall be replaced by "item 5".

4. Paragraph 10 shall be replaced by the following:

(10) the airport operator or the head of the Directorate General for Civil Aviation Administration "shall issue a decision on the choice of an operator on the ground handling services to the successful candidate contest. The decision is an individual administrative act and subject to appeal pursuant to the administrative code.

5. Create a new para. 11-13:

"(11) where the winning contest candidate hold a licence for the operator in groundhandling for the activity at the airport, he gains access to the market of the entry into force of the decision on the choice of Pará. 10.

(12) When the successful candidate contest does not hold for an operator in groundhandling for the activity concerned, within 60 days of the entry into force of the decision to choose the candidate acts for obtaining a licence under this Act.

(13) When the successful candidate did not take action to obtain a licence within the period referred to in paragraph 1. 12 or be in force ordained refusal to get a license, the airport operator or the head of the Directorate General for Civil Aviation Administration "shall issue a decision on the choice of operator in groundhandling services the next ranked candidate."

6. The current paragraph. 11 is repealed.

7. The current paragraph. 12 it al. 14 and in her words "in the cases referred to in para. 11, item 2 and 3 ' shall be replaced by "in cases where it is revoked the license of an operator on the ground service or operator is declared bankrupt" and a comma.

8. The current paragraph. 13 it al. 15.

§ 4. Article 48 and shall be amended as follows:

"Art. 48. (1) an airport operator, when providing groundhandling services, ground handling operators that provide services to third parties, or an air carrier engaged in self-handling, separate the accounts of their groundhandling activities from the accounts of other activities in accordance with current accounting legislation.

(2) the persons referred to in para. 1 provide the necessary data in the General Directorate for Civil Aviation Administration "within 20 days after the end of the calendar year. On the basis of the data received, the head of the General Directorate for Civil Aviation Administration "shall entrust the verification of compliance with the requirement of para. 1 an independent registered auditor within the meaning of the law on independent financial audit. "

Additional provision

§ 5. Throughout the Act, the words "the Minister of agriculture and food" are replaced with "Minister of agriculture and food".

The law was adopted by 41-Otto National Assembly on May 18, 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Anastas Anastasov

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