Amendment Of The Act On Civil Aviation

Original Language Title: změna zákona o civilním letectví

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=53560&nr=258~2F2002~20Sb.&ft=txt

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.