258/2002 Sb.
LAW
of 24 July 2003. May 2002,
amending the Act No. 49/1997 Coll., on civil aviation and amending and
additions to law No. 455/1991 Coll., on trades
(Trade Act), as amended, as amended
the laws of the
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 49/1997 Coll., on civil aviation and the law amending and supplementing
No. 455/1991 Coll., on trades (Trade Act), in
as amended, as amended by Act No. 189/1999 Coll. and Act No.
146/2000 Coll., is amended as follows:
1. In § 49 paragraph 1. 1 the words "and the check-in process at the service
the airport "are deleted.
2. in paragraph 49, the following new sections 49a-49n, including notes below
line no. 5a) are added:
"§ 49a
Service when handling the public airport
(1) service when you check-in process at a public airport ^ 5a) (hereinafter referred to as
"Terminal Services"), you may need to provide for a foreign legal person,
natural person, including the air carrier and aerodrome operator; only
an air carrier may provide those services for their own use.
(2) check-in service can be provided on the basis of the consent granted
The Ministry of transport and communications.
§ 49b
Requirements for consent
(1) the Ministry of transport and communications shall grant consent to the provision of
check-in services on the basis of a written application, if the applicant can prove that the
and has its registered office or residence) on the territory of the Czech Republic or in a Member State
The European Union, unless the applicant air carrier; an applicant from a Member
State of the European Union can consent to the date of entry into the European Union
the basis of the principle of reciprocity,
(b)) a natural person and a responsible representative, if appointed, was achieved
the age of 21, are fully competent to perform legal acts, are of high integrity and professionally
eligible, when the applicant is a natural person,
c) statutory authority or the Member of the Board have reached the age of 18 years,
are fully competent to perform legal acts, are upstanding and at least one
Member of the Board is competent, the applicant
legal person,
(d)) has the technical equipment to provide ground-handling services,
e) has taken out liability insurance from the provision of
check-in services and the paid insurance premiums,
(f)) has financial security to provide ground-handling services.
(2) the details of the written request to grant consent, the details of the
How to establish financial security check-in services, and
the requisites to grant consent decision lays down detailed legal
prescription.
§ 49 c
Integrity
For integrity under section 49b, is not the one who was lawfully
convicted of a crime, the facts of which are related to
by providing ground-handling services, or the person who has been convicted
for another criminal offence committed intentionally, if due to the nature of the
provision of ground-handling services and the person of the applicant for approval
by providing ground-handling services is the fear that commits same or
similar acts when providing ground-handling services, if it
It does not look as if he has been convicted.
§ 49d
The competence of the
The competence of the applicant shows proof of completed
higher education economic, transport, technical or
the legal focus and the proof of execution of three years ' experience in management activities
in the field of civil aviation security or evidence of completion of full secondary
vocational education, economic, transport, technical or legal
focus and proof of the execution of the five-year experience in management activities in the
the field of civil aviation.
section 49e
Measures to control ground-handling services to ensure the safety of
(1) the Ministry of transport and communications may due to ensure the safety of
civil aviation and airport safety operation of public issue
for groundhandling services consisting in dispatching
luggage costs and mail, technical and operational aircraft at check-in
the apron and the handling of air, fuel and oil
measures to control ground-handling services. Measures to regulate the
check-in services, the Ministry of transport and communications to the public
Airport,
and the pass) at least three million passenger movements or 75 000 tonnes
cargo in a calendar year, limit the number of providers of check-in
services for foreign supplies, but at least two providers, of which
one can be the airport operator,
(b)) on which the throughput of at least one million passenger movements or 25 000 tons
cargo in a calendar year, reserve the provision of ground handling services
for the custom needs of a limited number of air carriers, but at least
the two air carriers.
(2) the definition of safety lays down detailed legal
prescription.
section 49f
Measures to control ground-handling services because of operational overload
Airport
(1) the Ministry of transport and communications may, in the case of operational overload
public airport, which limits the usable
space for groundhandling services to issue measures to regulate the
check-in services. Measures to regulate the ground-handling services due to
operating the airport may overload the Ministry of transport and communications for
public airport,
and the pass) at least three million passenger movements or 75 000 tonnes
cargo in a calendar year,
1. limit the number of suppliers of ground-handling services for foreign needs
consisting in passenger and galley supplies
Food and beverage, aircraft
2. make the provision of ground-handling services for foreign needs
consisting in baggage handling, costs and mail, technical and
production of the aircraft on the ramp handling and manipulation of the air
fuel and oil to a single check-in service providers,
(b)) on which the throughput of at least one million passenger movements or 25 000 tons
cargo in a calendar year,
1. make the provision of ground handling services for own needs
of services and the supply of on-board passenger
aircraft buffet food and drinks a limited number of air carriers,
2. disable the air carrier to provide check-in services for their own
needs in terms of baggage handling services, costs, and mail,
technical and operational handling of the aircraft on the ramp and
the handling of airline fuel and oil, or reserve their
the provision of a single air carrier.
(2) the definition of the operational reasons, airport congestion down detailed
legal prescription.
section 49 g
The particulars of the measures
(1) measures to control ground-handling services under section 49e para. 1 and section 49f
paragraph. 1 issue the Ministry of transport and communications in writing and published in the
Aeronautical information manual, no later than one calendar month before the
on the date of its introduction.
(2) measures to regulate check-in services, the Ministry of transport and
joints shall be
and) the reasons which led to its release,
(b)) the kind of ground-handling services to which it applies,
c) space public airport, to which the measure relates,
(d)) the program of measures aimed at overcoming the established limits,
(e) the reasons for the duration of the regulation) check-in services.
(3) on the issue of measures under section 49e para. 1 and section 49f para. 1, the
not covered by the administrative code.
§ 49h
The Committee of carriers
The Ministry of transport and communications shall ensure that on a public airport, on
which can be providing ground-handling services regulated by measures
under section 49e para. 1 and section 49f para. 1, established air carriers
composed of representatives of air carriers, the airport use,
where appropriate, representatives of the organizations that they represent, these air carriers
checks out to air carriers.
section 49i
The selection procedure
(1) the Ministry of transport and communications will announce for consent if
When will the groundhandling services regulated by measures under section
49e para. 1 (b). and paragraph or section 49f). 1 (b). and) selection procedure.
(2) for the selection procedure shall apply mutatis mutandis of the provisions on public
the contest according to the commercial code. The conditions and procedure of the tender
and the method of evaluation of applications for the provision of groundhandling services provides
The Ministry of transport and communications after consultation with the operator of a public
the airport and air carriers with the Committee, and shall publish them in the Air
information guide. Part of the terms of the tendering procedure must be
the conditions laid down in § 49b for consent.
(3) the Ministry of transport and communications on the basis of the assessment and evaluation
requests for consent in the selection procedure and after consultation with the
the operator of a public airport, and with the Committee of carriers shall grant consent to the
provision of ground-handling services to the applicant to meet the best conditions
set out in the selection process.
(4) consent to provide check-in services on the basis of the selection
the proceedings may be granted for a maximum period
and) 7 years, if it is awarded on the basis of measures to control under section 49e
paragraph. 1,
(b)) 3 years, if it is awarded on the basis of measures to control under section 49f
paragraph. 1 (b). and point 1)
(c)) 2 years, if it is awarded on the basis of measures to control under section 49f
paragraph. 1 (b). a), point 2.
(5) if the provision of groundhandling services regulated under section 49e
paragraph. 1 or § 49f para. 1, without a selection procedure may provide
the operator of a public airport handling services at the airport, which is
the operator, on the basis of the consent granted under § 49a.
§ 49j
The consent of the
(1) the Ministry of transport and communications shall grant approval on the basis of a sample
proceedings in the case that groundhandling services regulated
under section 49e para. 1 (b). and paragraph or section 49f). 1 (b). and, section 1),
that at least one of the check-in services for foreign providers to the needs of the
not controlled by the
and the airport operator or)
(b)) by the air carrier, whose performance was greater than 25% of the passengers and
freight recorded at the airport during the calendar year prior to the
the year in which consent was granted to provide check-in services for
foreign supplies, or
(c)) by the Ministry of transport and communications or the Office.
(2) the Ministry of transport and communications shall decide on the grant of consent on the basis of the
the selection process within a period of 120 days from the publication of public
competition.
§ 49k
Change data
If the conditions laid down in § 49b paragraph 1. 1, the holder of the authorization, to
groundhandling services must notify the Ministry of transport and
connections changes concerning the data, based on which the consent was given, and
within 30 days from the date of the change to present the Ministry of transport and
communications documents certifying the changes.
§ 49l
Withdrawal of consent
The Ministry of transport and communications shall withdraw the approval to provide
check-in services, if the supplier of ground-handling services
and) violates conditions laid down for the provision of groundhandling services in the
the decision to grant consent,
(b)) no longer meets any of the conditions under which he was
approval is granted,
(c)) on the withdrawal of the consent requested
(d) fails to comply with an obligation imposed on) § 49k.
§ 49 m
Access to airport installations
The operator of a public airport is obliged to provide legal or
a natural person who provides handling services for foreign supplies, and
the air carrier, which provides handling services for custom
If necessary, access to airport installations to the extent necessary for the
ensure these services. For access to airport installations and their
use the operator negotiates with the provider's public airport
check-in services price according to price laws. ^ 9)
section 49n
Maintenance of accounts
Provider of ground-handling services must lead to the provision of the
services separate cost accounting, sales and revenue. The airport operator
may not transfer the funds obtained from the operation of the airport to
check-in service. The Office performs supervision over the direction of a separate accounting.
section 16a paragraph 5a). 7 Decree No. 108/1997 Coll., implementing Act No.
49/1997 Coll., on Civil Aviation, and amending and supplementing Act No.
455/1991 Coll., on trades (Trade Act), as amended by
amended, as amended by Decree No 101/1999 ".
3. In article 55, paragraphs 2 and 3 shall be deleted and paragraph 4 shall be renumbered
as paragraph 2.
4. in paragraph 55, the following new section 55a and 55b, which including the following title:
"The Institute for investigating air accidents
section 55a
(1) there is hereby established the Institute for expert technical investigating air
accidents based in Prague (hereinafter referred to as "the Institute"). The Institute collects and
analyzes information about air accidents, including the determination of causes
air accidents, formulate conclusions, including the determination of causes of the accidents, and
draw up the safety recommendations for prevention. Discovery
the State and its conclusions or recommendations may not deal with the rating or
assessing blame or liability.
(2) inspectors of the Institute are entitled to
and free access to the location) of the accident, the aircraft and its contents, and to
wreckage of the aircraft,
b) ensure preparation of a list of evidence and control of
removal of debris of the aircraft for the purposes of examination,
c) have immediate access and use of flight data recorders and to all
other recordings,
d) immediate access to the results of examination of aviation personnel and
tests made on samples taken from their tissues,
e) witnesses,
f) free access to all the information relating to the accident at the
the owner or operator of the aircraft or the manufacturer of the aircraft and by the authorities of the
responsible for civil aviation or airport operation.
section 55b
(1) the Institute is headed by a Director, which appoints and dismisses the Government on a proposal from the
the Minister of transport and communications. Details of the Institute's activities and the organizational
structure regulates the Statute approved by the Government on the proposal of the Minister of
transport and communications.
(2) the Director of the Institute can be appointed as upstanding citizen of the Czech Republic;
for integrity is considered to be a citizen who has not been convicted of a criminal offence
committed intentionally, if it does not look as if he has been convicted.
Director of the Institute and the Institute's inspectors shall not for a period of their appointment
to perform any of the activities related to the approval of the aircraft and
its components, airworthiness, with granting licenses for the operation of the
air transport, air traffic control or airport operation and
they may not perform the function of consultant or member on boards
entities whose interests may be in conflict with the activities of the Institute.
(3) the Institute is an organizational component of the State, its budget is part of the
budgetary chapter of the Ministry of transport and communications.
(4) every accident, whose cause has been determined under this Act,
the inspector must select the Institute of process the message, which must contain the
the safety recommendations, if appropriate. The report shall be published in
Aeronautical information manual, within 12 months from the date of the accident. "
5. In article 81 paragraph 1. 2 the words "the authority may entrust" shall be replaced by
"The Ministry of transport and communications entrusts".
6. In section 82 para. 1, the introductory part of the word "Authority" is replaced by
"The Ministry of transport and communications" and at the end of the paragraph, the following letter
(f)), which read as follows:
"(f)) exercises supervision over the activities of users of sport flying
facilities within their operation. ".
7. In article 88 para. 1 the following letter p) is added:
"p) instructs the legal entity or natural person verification flight
eligibility of sports flying devices, the eligibility of their
users, including registration and the issuance of the relevant documents and the supervision of
activities sports flying device users within their
operation. ".
8. In paragraph 88, the letter j) repealed.
Letters to) up to) are known as the letters of j) to (n)).
9. In paragraph 89, the letter t) deleted.
The present case u) to aa) are known as the letters t through z)).
10. In paragraph 89, the letter w) shall be deleted.
Letters x) to z) are referred to as the letters w) to y).
11. in section 102 paragraph. 1, first sentence, after the words "§ 47 para. 2 "
the words "§ 49b paragraph 1. paragraph 2, section 49e. paragraph 2, section 49f. 2. "
12. in section 102 paragraph. 2, the following point (d)), including notes below
line no. 14a):
"(d)) pursuant to articles 69 and 70 of the Europe Agreement establishing an association ^ 14a)
between the Czech Republic on the one hand, and the European communities and
their Member States, of the other part.
14A) communication from the Ministry of Foreign Affairs No. 7/1995 Coll., on negotiation of
The Europe Agreement establishing an association between the Czech Republic, on the one
part, and the European communities and their Member States, of the
Second, as amended. ".
Article II
A person who is entitled to provide check-in services according to
the existing legislation, may apply to the Ministry of transport and
connections to grant consent under section 49b no later than one year from the effective date
the effectiveness of this Act. Until the decision on the application shall be treated as a person
to be justified to provide these services. Unless within that period a
consent, the consent to the provision of ground handling services
ceases to exist.
Article. (III)
The effectiveness of the
This Act shall take effect on the date of its publication, with the exception of article. I, points 4, 8,
and 9, which will become effective on 1 January 2004. January 1, 2003.
Klaus r.
Havel, v. r.
Zeman in r.
