127/2014 Coll.
LAW
Dated 11 June 2014
Amending Act no. 49/1997 Coll., On civil aviation and amending and supplementing
Act no. 455/1991 Coll., On business
(Trade Act), as amended,
as subsequently amended, and other related laws
Change: 250/2014 Coll.
Parliament has passed this Act of the Czech Republic:
PART ONE
Change the Civil Aviation Act
Art. I
Law no. 49/1997 Coll., On civil aviation and amending Act No.
. 455/1991 Coll., On Trades (Trade Act)
amended, as amended by Act no. 189/1999 Coll., Act no. 146/2000 Coll
., Law no. 258 / 2002 Coll., Act no. 309/2002 Coll., Act no. 167/2004 Coll
., Act no. 413/2005 Coll., Act no. 186/2006 Coll., Act no. 225
/ 2006 Coll., Act no. 124/2008 Coll., Act no. 274/2008 Coll., Act no. 227/2009 Coll
., Act no. 281/2009 Coll., Act no. 301/2009 Coll., Act no. 407/2010 Coll
., Act no. 137/2011 Coll. and Act no. 375/2011 Coll., is amended as follows
:
First Footnotes Nos. 1 and 1a added:
1) Directive of the European Parliament and Council Directive 2002/30 / EC of 26 March 2002
rules and procedures for the introduction of operating restrictions
reduce noise at Community airports.
Directive of the European Parliament and Council Directive 2003/42 / EC of 13 June 2003
occurrence reporting in civil aviation.
Council Directive 96/67 / EC of 15 October 1996 on market access
groundhandling services at Community airports.
Council Directive 2004/82 / EC of 29 April 2004 on the obligation of carriers
communicate passenger data.
Directive of the European Parliament and Council Directive 2004/36 / EC of 21 April 2004
about the safety of third-country aircraft using the airport
Community.
Commission Directive 2008/49 / EC of 16 April 2008 amending Annex II
Directive of the European Parliament and Council Directive 2004/36 / EC as regards the implementation
ramp inspections of aircraft,
which use Community airports.
Directive of the European Parliament and Council Directive 2009/12 / EC of 11 March 2009
on airport charges.
1) of Council Regulation (EEC) No. 95/93 of 18 January 1993 on common
rules for the allocation of slots at Community airports
amended.
Regulation of the European Parliament and Council Regulation (EC) no. 261/2004 of 11 February
2004 establishing common rules on compensation and assistance to passengers in
air transport in the event of denied boarding, cancellation or
delay of flights, and repealing Regulation (EEC) no. 295/91.
Regulation of the European Parliament and Council Regulation (EC) no. 549/2004 of 10
March 2004 laying down the framework for the creation of the single European sky
(the Framework Regulation), as amended.
Regulation of the European Parliament and Council Regulation (EC) no. 550/2004 of 10
March 2004 on the provision of air navigation services in the single European sky
(the service provision Regulation), as amended.
Regulation of the European Parliament and Council Regulation (EC) no. 551/2004 of 10
March 2004 on the organization and use of airspace in the single European sky
(the Airspace Regulation), as amended.
Regulation of the European Parliament and Council Regulation (EC) no. 552/2004 of 10
March 2004 on the interoperability of the European Air Traffic Management network
(the Interoperability Regulation), as amended.
Regulation of the European Parliament and Council Regulation (EC) no. 785/2004 of 21 April
2004 on insurance requirements for air carriers and aircraft operators
, as amended.
Regulation of the European Parliament and Council Regulation (EC) no. 847/2004 of 29 April
2004 on the negotiation and implementation of air service agreements between Member States and third countries
.
Regulation of the European Parliament and Council Regulation (EC) No 2111/2005.
Of 14 December 2005 on the establishment of a Community list of airlines
carriers subject to an operating ban within
Community and informing air transport passengers on the identity
operating air carrier, and repealing Article 9 of Directive
2004/36 / EC, as amended.
Regulation of the European Parliament and Council Regulation (EC) no. 1107/2006 of 5
July 2006 concerning the rights of disabled persons and persons with reduced
mobility when traveling by air.
Regulation of the European Parliament and Council Regulation (EC) no. 216/2008 of 20 February
2008 on common rules in the field of civil aviation and establishing
European Aviation Safety Agency and repealing Council Directive || | 91/670 EEC Regulation (EC) no. 1592/2002 and Directive 2004/36 / EC, as amended
. Regulation of the European Parliament and Council Regulation (EC) no. 300/2008 dated
11th March 2008 on common rules in the field of civil
aviation security and repealing Regulation (EC) No.
2320/2002, as amended.
Regulation of the European Parliament and Council Regulation (EC) no. 1008/2008 of 24 September
2008 on common rules for the operation of air services in the Community
.
Commission Regulation (EU) no. 72/2010 of 26 January 2010 laying
down procedures for conducting Commission inspections in the field of
aviation security.
Regulation of the European Parliament and Council Regulation (EU) no. 996/2010 of 20 October
2010 on the investigation and prevention of accidents and incidents in civil aviation and
repealing Directive 94/56 / EC.
Commission Regulation (EU) no. 805/2011 of 10 August 2011
down detailed rules for the granting of licenses and certificates
some air traffic controllers in accordance with Regulation of the European Parliament and of the Council
(EC) no. 216/2008. ".
Second In § 2, paragraphs 9 to 15 are added:
"(9) Event means an interruption, defect, fault or other irregular
circumstance which affects or could affect flight safety and
which currently does not resulted in an accident or serious incident.
(10) Commercial air service means the transport of persons, animals
baggage, mail or other cargo aircraft for reward.
(11) Air carrier means a person authorized to operate commercial air transport
under license or other similar authorization.
(12) The domestic air carrier means an air carrier which is
holds a license to operate a commercial air transport
issued by the competent authority in the Czech Republic.
(13) air carriers in another Member State means
air carrier, which is licensed to operate commercial air transport
issued by a competent authority of another Member State of the European Union,
another state of the European Economic Area or
Swiss Confederation.
(14) Air carriers from third countries means an air carrier that
holds a license to operate a commercial air transport
or similar document issued by the competent authority of a State which is not
European Union member state, state
in the European economic area or the Swiss Confederation.
(15) Series of nonscheduled flights means execution of more than 3 flights in
during two consecutive calendar months. ".
Third In § 3, para. 5 and 7 and point. 8 point. a) and b), § 11, § 17 para. 1, § 18 paragraph
. 3, § 22 paragraph. 3, § 32 par. 1 to 3 and 5, § 42b paragraph. 5, § 44 para. 4
point. a) § 58 para. 1 introductory part of the provision, § 58 para. 1 point.
C), § 65 point. a) § 88 para. 1 point. c) 4, § 88 para. 1 point. r)
§ 89 para. 1 point. b) ar), § 89 par. 2 point. a) § 91 par. 3, § 98 paragraph
. 3 and § 102 para. 2 the words "European Communities" are replaced
words "European Union".
Footnote. 1c) reads:
"1c) of the European Parliament and Council Regulation (EC) no. 216/2008, as amended
.".
Fourth In § 4 para. 2) and b) are added:
") Data on its owner, and it
First name, surname, address and date of birth in the case of a natural person, or
Second business name or name and identification number, if assigned,
case of a natural person or legal entity
B) details of its operator,
First name, surname, address and date of birth in the case of a natural person, or
Second business name or name and identification number, if assigned,
case of a natural person or a legal person. "
Fifth In § 7 at the end of paragraph 1 the phrase "interested parties about
approval of the product is the only applicant.".
6th In § 7 para. 2 point. a) the words "in agreement with the applicant '
be replaced by the words" statement of the applicant ".
7th In § 7 section 5 reads:
"(5) The Office shall issue a decision on approval of the product within 3 years from the commencement
proceedings; in particularly complicated cases within five years. ".
8th In § 18 par. 3 of the word "impeccable," is deleted.
9th In § 19 para. 2, the word "integrity" is deleted.
10th § 19a is deleted.
11th In § 20 at the end of paragraph 2 sentence "
The professional competence of the applicant for the issuance of the controller
operation in accordance with applicable regulations of the European Union
governing licensing and operating conditions || | air traffic controller ^ 16) knowledge of the Czech language. ".
Footnote. 16 reads:
"16) of Commission Regulation (EU) no. 805/2011.".
12th § 21 including the heading deleted.
13th In § 22a paragraph. 2, the word "Air" is replaced by "
Domestic air."
14th In § 22a paragraph. 3, after the word "request" the word "domestic" and
word "control system" is inserted after the word "domestic".
15th In § 22a paragraph. 4 first sentence, the word "application" shall be inserted
"domestic" and "AOC" shall be replaced
'air operator's certificate. "
16th In § 22a paragraph. 5, after the word "request" the word "domestic".
17th In § 22b introductory part of the word "Air" is replaced
"Domestic air."
18th In § 22c paragraph. 1 point. c) after the word "submit"
insert the word "domestic".
19th In § 22c paragraph. 3, after the word "flight", the word "domestic".
20th In Part Three, Title III added: "The military aviation personnel".
21st § 22d, 22m, including headings are deleted.
22nd In § 23, the words "19a" and the second sentence deleted.
23rd In § 25 par. 4, the words "European Community" is replaced
"European Union".
24th The heading of § 34a reads: "Operational capacity of the airport".
25th § 34a reads:
"§ 34a
(1) Public international airport can be operated only if it is approved
operational capacity.
(2) Operational capacity of the public approves International Airport Authority
at the request of the airport operator. Attached to the application a copy of the airport operator
developed airport guide, which contains
technical and operational details of the airport operator, and it operates
airport.
(3) The airport operator continuously records changes in the airport guide
data contained therein. The airport operator shall notify the Authority
changes to the data indicated in the airport guide within 5 working days of
when the changes occurred; shall enclose a copy of the record of changes in
airport guide.
(4) The requirements for airport guide the implementing legislation. ".
26th In § 34b Sec. 1, the word "certification" is replaced by "approval
operational capability" and the word "certification" is deleted.
27th In § 34b paragraph 2 reads:
"(2) The Office shall issue a decision approving the operational capacity of the airport
without undue delay, but not later than 1 year after initiation.".
28th In § 34b, paragraphs 3 and 4 shall be deleted.
29th § 34c reads:
"§ 34c
(1) If the Office finds that the international airport does not meet during
operating conditions for approval of operational suitability, saves
operator of the airport, to remedy the deficiencies, and
determine a reasonable deadline which may not be longer than 6 months.
(2) fails if the airport operator within the time desideratum
deficiencies Authority approval of the operational capacity of the airport will be canceled.
Appeal against the decision to cancel the approval of the operational capability
airport does not have suspensive effect. ".
30th Under § 34c is inserted § 34d, added:
"§ 34d
Operational capacity may be approved even public airport.
Provisions of § 34a paragraph. 2-4, § 34b and 34c shall apply mutatis mutandis. ".
31st In § 44, after paragraph 3 the following paragraph 4 is added:
"(4) If the flights in the airspace of the Czech Republic immediately and
seriously threatened or when required by particularly significant public interest and can not be
If the danger of delay to proceed differently, Office of the measure | || general nature administrative Code restrict or prohibit the use of the air space
Czech Republic or part of flying time strictly necessary
. ".
The former paragraphs 4 to 6 shall be renumbered 5 to 7
32nd In § 44 para. 6 the words "to paragraph 4. b) "is replaced
" paragraph 5. b) ".
33rd In § 44 par. 7, the words "paragraph 5" is replaced by "paragraph 6".
34th In § 44a paragraph. 1-3, the words "§ 44 par. 2, 3 and 5" is replaced
'§ 44 para. 2, 3 and 6'.
35th Under § 44a is inserted § 44b, added:
"§ 44b
(1) A general measure pursuant to § 44 para. 4 is not made public and
comments or objections to it do not serve.
(2) Draft general measure under § 44 par. 4 of the reasons
Office will send to the Ministry of Defence, the person charged with the performance of the state administration in
sport flying equipment and
persons responsible for providing air traffic services to expression and provides them the appropriate
period. The Office is obliged to examine expression as the basis for
measures of general nature and deal with it in its reasoning.
No response by the authorities concerned in the first sentence within the prescribed period
true that the draft general measure match.
(3) Measures of general nature pursuant to § 44 para. 4
Office announces a public decree, which put up on its official board.
General measure becomes effective on posting public notice. ".
Existing § 44b is referred to as § 44c.
36th In § 45 para. 2 at the end of the text of letter g) is replaced by a comma and
subparagraph h), which reads:
"H) Service formation flight procedures.".
37th Headline Part 3 reads:
"Aviation telecommunication services, aviation meteorological services, aviation
Information Service, the preflight preparation and monitoring of flight
aviation search and rescue service and formation flight procedures."
38th In § 49 para. 1, the first sentence is replaced "by the Air
telecommunication services, aviation meteorological services, air
information services, preflight preparation, flight monitoring and service
formation flight procedures can provide legal or natural
person upon prior approval of the Authority. ".
39th § 49a including footnotes Nos. 17 and 18 reads:
"§ 49a
(1) Air navigation services by the directly applicable European Union
governing creation of the Single European Sky and its functioning
^ 17) can provide a legal entity that holds
certificate issued by the directly applicable European Union
governing the provision of air navigation services in the single European sky
^ 18), unless this directly applicable regulation differently.
Air traffic services and meteorological services by directly applicable
EU regulations governing the creation of the single European sky
and functioning ^ 17) can provide a legal person under sentence
first, which was to provide these services is determined Office.
On the provision of air navigation services by directly applicable
EU regulations governing the creation of the single European sky
and functioning ^ 17) The provisions of § 46-49 apply.
(2) The Authority designated to provide air traffic services or
meteorological services by the directly applicable European Union
governing the provision of air navigation services in the Single European Sky
^ 18) canceled if the designated person || |
A) invalidate the certificate issued by the directly applicable European Union
governing the provision of air navigation services in the Single European Sky
^ 18)
B) comply with the rules for the provision of air traffic services or
meteorological services provided by this Act, an international treaty
which is part of the legal system or a directly applicable regulation
European Union governing the provision of air navigation services | || SES-18), or
C) to cancel the designation applied.
(3) A person providing air navigation services accessible
operational data, if so stipulated by a directly applicable regulation of the European Union-5c)
Ministry of Transport and the Office.
(4) Air traffic services, meteorological services is entitled
also provide legal person who
A) was intended authority of another Member State to provide air traffic services or
meteorological services by directly applicable
EU regulations governing the provision of air navigation services in
Single European Sky ^ 18)
B) is a party to a contract concluded by
directly applicable EU regulations governing the provision of air navigation services in
Single European Sky ^ 18) (hereinafter the "Agreement on the use
Services") to the person designated Authority to provide air traffic services or
meteorological services.
(5) Contract for the use of services must be approved by the Authority, otherwise
ineffective. Application for approval of contracts for use of the services given by the
parties, which is determined by the provision of air traffic services or
meteorological services.
Parties for the approval of contracts for use of the services are only Party.
(6) The Authority may contract for service utilization approve, if writing
if it contains the indication of the parties, object and purpose of the contract and
unless its fulfillment endangering the safety of air traffic.
(7) Contract for the use of services concluded between air traffic services or
meteorological services can only be changed
agreement of the parties, to which the provisions of paragraphs 5 and 6
apply mutatis mutandis.
(8) The authorization to provide air traffic services, meteorological
services under a contract of service utilization shall expire on the date when the person
providing these services to meet the conditions specified in paragraph 4
point. and). Office permission to provide air traffic services or
meteorological services under a contract of service utilization canceled
if the person providing these services
A) no longer fulfills the conditions under paragraph 4 letter. b) or
B) comply with the rules for the provision of air traffic services or
meteorological services provided by this Act, an international treaty
which is part of the legal system or a directly applicable regulation
European Union governing creation of the Single European Sky and its
functioning ^ 17).
(9) The Office shall submit to the European Commission in the field of provision of air navigation services
annual report by the directly applicable European Union
^ 5e). For this purpose the Office is authorized to request information from
persons providing air navigation services.
17) European Parliament and Council Regulation (EC) no. 549/2004, as amended
.
Regulation of the European Parliament and Council Regulation (EC) no. 550/2004, as amended
.
Regulation of the European Parliament and Council Regulation (EC) no. 551/2004, as amended
.
Regulation of the European Parliament and Council Regulation (EC) no. 552/2004, as amended
.
18) European Parliament and Council Regulation (EC) no. 550/2004, as amended
. ".
40th Under § 49a is inserted § 49aa, including the heading reads:
"§ 49aa
Denial provision of air navigation services
(1) A person providing air navigation services may withhold their
providing a recipient who is against it demonstrably in arrears with payment for the
previously provided air navigation services, is if
A) the aggregate amount of its outstanding receivables due 100 000 CZK and
B) the residence time of at least 3 months.
(2) The provision of air navigation services can not be denied, if it was it would
compromise safety and fluidity of air traffic, especially if
on aircraft operated by the recipient of those services in flight.
(3) Unless the recipient to otherwise initiate
person providing air navigation services they provide without delay after the recipient
pay all due receivables related to previously submitted
air navigation services.
(4) A person providing air navigation services shall promptly notify
denied their provision
A) Office
B) the operator of an airport where the provision of such services denied,
C) the Organisation for Safety of Air Navigation EUROCONTROL. ".
41st § 49h reads:
"§ 49h
(1) The general measures, establishing measures to regulate
handling services in accordance with § 49f and 49 grams, the Office shall
A) the type of groundhandling services covered by the measure,
B) public airport areas to which it applies,
C) the procedure to overcome the limitations introduced,
D) the date on which the measure is imposed, and
E) the period for which the measures introduced.
(2) After initiation, the Office shall notify the European Commission of the proposed measures
including the reasons for its introduction and the date on which measure is to be introduced;
Must do so at least four months before the date on which the measure is to be introduced
. Date of notification of the proceedings be suspended for a period of 3 months.
(3) Where a European Commission proposed measure disagreement Office
suspend the proceedings. If requested by the European Commission proposed changes
measure, the Office release when they bound measures. ".
42nd § 49i headline reads: "The Committee airlines".
43rd In § 49J paragraph. 2, the words "The Ministry of Transport and Communications'
replace the word" Authority ".
44th In § 49J paragraph. 3, after the word "committee" the word "air".
45th In the fifth part of Title IV including headings and footnotes.
19 reads:
'TITLE IV
Aircraft accident and incident REPORTING EVENTS
§ 55
Air Accidents Investigation Institute
(1) Air Accidents Investigation Institute (hereinafter
"Institute") is an administrative office based in Prague, whose budget is part
budget of the Ministry of Transport.
(2) The Institute is headed by a director appointed and dismissed by the Government on the proposal of the Minister of Transport
. Director of the Institute may be appointed a citizen of integrity
Czech Republic; a blameless citizen who has been convicted of an offense
intentionally committed, if he is to be as not having been convicted
. Director of the Institute is considered a service body and is entitled to give state employees
commands to perform national service under the Act
the civil service. In addition to the Institute Director and the staff of the Institute
inspectors.
(3) The Director of the Institute and the Institute inspectors may not, in the performance of their functions
carry out any activity related to the type approval
product airworthiness of aircraft parts and appliances and ground facilities
, the licensing of
commercial air transport, air traffic control or airport operation and not
function as advisors or members of statutory bodies of entities
whose interests could conflict with the activities of the Institute.
§ 55a
Activity of the Institute
(1) Department
A) identify causes of accidents and incidents
B) collects, processes, stores and evaluates data on reported incidents
.
(2) Institute inspectors are required
A) maintain confidentiality concerning the facts they have learned in
connection with the performance of his duties, and
B) demonstrate the exercise of their functions license inspector Institute.
(3) In exceptional or factually complicated cases, inspectors may
Institute take the help of a specialist consultant who has knowledge
special branch (hereinafter the "Consultant"). The enlistment consultant
performs Institute inspectors recorded in the file. With the consent of the Inspector
Institute may consultant to the extent necessary for the performance of its functions
access to the file on the accident or incident and be present when exercising the powers of inspectors
Institute. To exercise the powers of inspectors Institute
not interfere consultant. About all the facts on which
consultant in connection with the performance of their duties learned
is obliged to maintain confidentiality. This obligation it may relieve Institute. On
exclusion consultant to adequately enjoy the special law on experts and interpreters
.
(4) When determining the cause of accidents and elimination of their consequences
The Institute cooperates with permanent bodies to coordinate
components of the integrated rescue system. When
rescue and relief work place accident inspectors work together
Institute commander intervention especially for the purpose of preserving evidence
necessary to investigate the cause of the accident.
(5) In determining the causes of aviation accidents and incidents relating
civil and military aviation, the Institute collaborates extent needed
with the Ministry of Defence. While investigating the causes of aviation accidents and incidents
relating to the operation of civilian and police aircraft, the Institute collaborates
to the required extent with the Ministry of Interior.
(6) The model license inspector of the Institute of the implementing legislation.
§ 55b
Determination of causes other than serious incidents
(1) Everyone else than a serious incident, which occurred on the territory of the Czech Republic
, the operator or pilot or provider
air services shall, without undue delay Institute.
(2) In determining the causes other than serious incidents inspectors are authorized to provide
Institute of aircraft for purposes of further investigation and require
A) free access to a place other than a serious incident, the aircraft, its parts and
content
B) an immediate listing of evidence
C) free access to the flight recorders and any other recordings and
such use,
D) free access to the results of interrogations of aviation personnel and pilots
sport flying equipment
E) free access to the results of tests serving to detect the presence
alcohol or other addictive substances by aviation personnel and pilots
sport flying equipment
F) an explanation by people
G) free access to any other information regarding non
serious incident.
(3) Any other than serious incident whose cause has been determined
Institute, Institute inspectors worked without undue delay report
which, if appropriate, contain relevant safety recommendations.
Department report published in the manner enabling remote access within 12 months from the date when the
other than serious incident occurred; while it passes
Ministry of Transport, Office, aircraft operators and providers of aviation services
involved in a non-serious incident and other persons who might
with regard to civil aviation safety have benefited from its
conclusions.
§ 55c
Credentials
(1) The Institute may identifying the causes of aviation accidents involving not
killing people and incidents delegate at the request of a legal person who is eligible
ensure proper performance of these activities through professionally
eligible individuals and with the appropriate technical equipment
. In the exercise of the activities entrusted to it is a legal entity
subordinate to the Constitution.
(2) The legal entity authorized under paragraph 1
advances in identifying the causes of accidents and serious incidents by
directly applicable EU regulations governing the investigation of accidents and incidents in civil aviation
^ 19). The performance of activities
legal person authorized under paragraph 1 of § 55a Par. 2 point. a) § 55a paragraph.
3 and 4 and § 55b Par. 2 and 3 shall apply mutatis mutandis. Natural person whose
means of ensuring legal person authorized under paragraph 1
investigating air accidents and incidents, is obliged to prove the
in the implementation of this activity, a permit issued by an authorized legal entity
.
(3) The legal entity authorized under paragraph 1 shall promptly notify the Department
A) all the results of the activities entrusted to it, and
B) any changes to the facts relevant to the granting
credentials.
(4) granted by the Department shall revoke the authorization if its holder
A) to meet the conditions for granting credentials
B) seriously violates the obligations under this Act, or
C) by withdrawing authorization requested.
(5) The model license of a natural person referred to in paragraph 2
down implementing legislation.
§ 55d
Event reporting
(1) Events Institute are obliged to report these persons:
A) the operator or pilot of an aircraft turbine engine or aircraft
intended for commercial air transport operations,
B) the person conducting the development, design, manufacture, testing, installation,
maintenance, repairs, modifications and design changes to products
aircraft parts and appliances and ground facilities,
C) employee in the Office of signing the certificate of airworthiness or
evidence of the airworthiness review of the aircraft turbine engine
or aircraft assigned to operate commercial air transport
or approval of eligibility parts and equipment for use
in civil aviation
D) a person authorized to provide air traffic control services or flight information services
,
E) the airport operator
F) the installation, modification, maintenance, repair, testing and inspection
technical equipment necessary for the provision of air navigation services
,
G) a person involved in the provision of ground handling services.
(2) The Institute leads the data provided in the context of reporting events in electronic
Form. These data available to the competent authorities of the Member States
European Union and the European Commission. If necessary, the Institute shall
led information to the competent authority of the Member State of the European Union, on whose territory the incident occurred
in whose Aircraft Register the aircraft, which
event relates, enrolled in whose territory the aircraft manufactured or
who was the operator of this aircraft is licensed to operate a commercial air transport
.
(3) Department stores data provided in the context of reporting events
after eliminating all personal data relating to persons
reporting, and after eliminating all technical data that show
or may indicate identity reporting person, or
third parties.
(4) The Institute annually publishes a manner enabling remote access
summary safety report containing data on occurrences reported
Institute for the past year.
(5) categories of reportable events and data that are contained in
reports, the implementing legislation.
19) European Parliament and Council Regulation (EU) no. 996/2010. ".
46th In § 56 paragraph 1 is deleted.
Paragraphs 2 and 3 shall be renumbered 1 and 2
47th In § 62 point. a) after the word "label" the word "domestic" and
word "persons" is replaced by "legal entities, business
individuals and public authorities."
48th The heading of § 67 reads: "Air Operator Certificate".
49th In § 67 para. 1, "AOC"
replace the words "Air Operator Certificate" and the word "application" is
inserted the word "domestic".
50th In § 67 para. 2 of the introductory part, the words "Certificate
air carrier" is replaced by "Certificate
air operator" and the word "that" is inserted after the word "domestic".
51st In § 67 par. 3, "AOC"
replace the words "Air Operator Certificate" and the word "cease-li" is
inserted the word "domestic".
52nd The heading of § 68 reads: "Duties of a domestic air carrier."
53rd In § 68 para. 1 introductory part of the word "Air"
be replaced by the words "Domestic air."
54th In § 68 para. 1 point. a) the words "and conditions on the operating authorization
foreign country, in the case of international commercial air transport"
deleted.
55th In § 68 paragraph 2 reads:
"(2) Domestic airline is also obliged to draw up a plan to help
victims of air accidents and their relatives ^ 19), and according to this plan
proceed. Plan to help victims of air accidents and their relatives contains
A) work procedures to confirm the participation of the occupant of the plane crash and the
their personal and material security and
B) operating procedures for the treatment of victims of air accidents and their relatives
including informational, psychological, legal and financial assistance,
and their staff and material. ".
56th In § 68, paragraphs 3-7 deleted.
57th § 69 including the title reads:
"§ 69
Transfer of passenger
(1) air carrier shall be for the purpose of improving border
controls and combating illegal immigration pass
department of the Police of the Czech Republic, which is under a special legal regulation
^ 5j) responsible for carrying out border checks airports,
his request electronically, and in case of failure by other means,
data on passengers who cross the external border-1n) and
immediately after receipt of the request at the earliest, after the completion of the onset | || passengers on the plane.
(2) The data received under paragraph 1 shall
A) the name or names and surnames,
B) day, month and year of birth,
C) citizenship,
D) the number and type of travel document, which the traveler has shown
E) The point of entry to the territory of the Czech Republic,
F) flight number,
G) the date and time of departure and arrival,
H) initial point of embarkation for transportation and
I) the total number of passengers carried by the respective flight.
(3) An air carrier must inform passengers
under a special legal regulation 5k) on the collection and processing of data under paragraph
first
(4) An air carrier shall liquidate the personal passenger data
which were collected in order to meet its obligations under paragraph 1
within 24 hours after the landing of the aircraft, which were in the Czech Republic
these passengers airlifted.
(5) Rights and obligations of air carriers and passengers on
privacy set in special legislation are
provisions of paragraphs 1 to 4 affected.
(6) of the Police of the Czech Republic shall liquidate
personal data transmitted pursuant to paragraph 1 within 24 hours after receiving them, if those
does not use data to perform their specified task.
(7) The rights and obligations of the Police of the Czech Republic concerning the protection of personal data provided
special legislation 5 liters) are
provisions of paragraphs 1 and 6 of prejudice. ".
'58. § 70 and 70a, including the title and footnote no. 20 added:
"§ 70
International commercial air transport
(1) The intention to operate scheduled international commercial air transport
from the Czech Republic to a State which is not a Member State of the European Union
notify air carriers in the EU-20) without undue delay
Ministry of Transport.
(2) The air carriers in the EU-20), who intends to operate
scheduled international air transport services on the basis
international convention which is part of the law, and that includes
limiting access of air carriers transport market between the Czech Republic and
other contracting party shall have the commercial air transport
granted the right to operate scheduled international commercial air transport
on the specified route within a given range (hereinafter referred to as "transport
right" ).
§ 70a
The granting of traffic rights
(1) The Ministry of Transport decides on the granting of traffic rights to the air carrier
EU-20) on the basis of his request.
(2) The application for the granting of traffic rights in addition to the general requirements
filing under the Administrative Code contains
) The name and address of the seat body that air carrier of the European Union
^ 20) issued a license to operate a commercial air transport and
AOC and which exercises control over it,
B) address of the outlet air carrier in the Czech Republic
case of an air carrier in another Member State
C) the definition offered by commercial air services, including
period and type of operation
D) the proposed timetable, including organizational and geographic delimitation
planned operation and the proposed start date,
E) defining the way of technical security operations, including the type and
internal arrangement of aircraft used and the legal relationship to them,
F) the definition of planned pricing policies, including tariffs and offered
final prices for transportation,
G) definition of the expected development of traffic volume and capacity utilization assumed
aircraft within 3 years from the date foreseen
launch,
H) the definition of the method of offering commercial air services, including
distribution of tickets
I) defining the manner and extent of involvement of lines corresponding to the desired
shipping law into their route network air carriers in the EU-20)
and its relation to the networks of other air carriers and
J) the definition of the envisaged cooperation with other airlines, including
manner and extent of this cooperation, on the line corresponding to the desired
shipping law.
20) European Parliament and Council Regulation (EC) no. 1008/2008 of 24
September 2008 on common rules for the operation of air services in the Community
. ".
59th In § 70b Sec. 1, "and simultaneously a manner allowing remote access
^ 1d)" are deleted, the word "carrier" the words "European Union
^ 20)," and the word "carriers" are inserted the words "European Union-20)".
60th § 70c and 70d added:
"§ 70c
(1) The Ministry of Transport to decide on the granting of traffic rights into account the
A) the type, level and range of services offered commercial air transport
extent reflect the needs of various user categories and price levels and
commercial air services,
B) the frequency of commercial air services, offered
capacity and layout of flights during the calendar year
C) the proposed start date and period of operation,
D) the availability of services offered commercial air transport users
E) the pricing policy of air carriers in the EU-20), including
offered fares and end prices for carriage
F) transport service provision, including integration and integration into the existing network
lines
G) technical security operations, including the use of its own aircraft
leased aircraft without a crew and leased aircraft with crew
H) the manner and extent of cooperation with other air carriers,
I) traffic conditions on the specified route and the adequacy of supply and
J) the hitherto utilization of traffic rights allocated by the air carrier
EU-20).
(2) The Ministry of Transport may grant traffic rights more applicants
if permitted by international agreement, which is part of the law.
(3) The Ministry of Transport shall decide on applications for the granting of traffic rights
within 60 days from receipt of the first application.
Decision to grant traffic rights shall be for an indefinite period.
(4) The Ministry of Transport may, in its decision on granting traffic rights
set conditions for his performance. The change in the conditions for the exercise of traffic rights
Ministry of Transport may decide on the basis of a request
air carriers in the EU-20), who was granted
transportation law, or ex officio, on condition that there is a change || | facts relevant to the granting of traffic rights.
(5) The Ministry of Transport shall publish decisions on the granting of traffic rights on its
official board.
(6) The air carriers in the EU-20), who was granted
transportation law, is obliged to notify the Ministry of Transport
A) change the facts stated in the application, if it can have a significant impact on performance
granted traffic rights, and within 14 days of
when the change occurred, and
B) the fact that as the competent authority does not issue or revoke permits
provide commercial air services on the specified route, without undue delay
.
(7) The air carriers in the EU-20) must not be granted traffic rights
transferred to another person.
§ 70d
(1) The air carriers in the EU-20) may ask the Ministry of Transport
granting traffic rights that were granted to another
air carrier, soon after 5 years from the date of legal
decision on granting traffic rights. In proceedings on an application by
first sentence of § 70a paragraph. 2, § 70b and § 70c paragraph. 1-5
apply mutatis mutandis.
(2) The Ministry of Transport after receiving a request under paragraph 1
assess the current way of using traffic rights to the air carrier
EU-20), which was granted, and its decision
A) retain the right to transport air carrier and reject the request
B) withdraw traffic rights for air carrier and grant them
applicant or
C) retain the right to transport air carrier and simultaneously
grant applicant. ".
61st Under § 70d is inserted § 70e and 70f, which, including the title added:
"§ 70e
Revocation of traffic rights
(1) The Ministry of Transport shall withdraw granted traffic rights if the air carrier
EU-20)
A) does not commence operations on the specified route within 6 months from the date of legal
decision on granting traffic rights,
B) does not use the granted traffic rights for a period exceeding six consecutive
consecutive months, unless it is due to extraordinary circumstances which could affect
,
C) violates the conditions laid down in the ruling granting traffic rights
,
D) announces that it granted traffic rights no longer wishes to use, or
E) to terminate the operation of commercial air transportation.
(2) The Ministry of Transport also withdraw granted traffic rights if
A) there is a material change in the facts stated in the application
air carriers in the EU-20), who has been granted traffic rights,
This change has an adverse effect on the performance of the transport
granted rights or | ||
B) air carrier of the European Union-20) issued by the competent authority or
canceled license to provide commercial air services on the specified
line. ".
§ 70f
Commercial aviation air carrier in another Member State
(1) An air carrier of another Member State shall notify
Ministry of Transport launch scheduled commercial air transport
Czech Republic, the Czech Republic or the Czech Republic.
Notification will be given at least 10 days before the planned date of commencement
scheduled commercial air transport and in addition to the general requirements for filing
Administrative Code contains the name and address of the seat body that
air carrier in another Member State has issued a license to
operating commercial air transport and air operator certificate. It intends to
air carrier in another Member State to operate scheduled air transportation business
from the Czech Republic to a State which is not a member
European Union, the notice shall also state the address of its establishment in the territory
Czech Republic.
(2) An air carrier in another Member State shall enclose a flight
order, which includes
A) codename air carrier in another Member State
allocated by international organizations under an international agreement, which is part
legal system
B) number, date, estimated times and flight routing,
C) the type and aircraft registration,
D) capacity offered aircraft
E) organizational and geographical definition of the planned operation and
F) the duration of the flight schedule.
(3) intends If the air carrier in another Member State
operate regular commercial air traffic, which is awarded to the transport
right, from the Czech Republic to a State which is not a Member State of the European Union
, notification served.
(4) Notwithstanding the obligation to file a notification submitted carrier
another Member State of the Ministry of Transport timetable always
least 10 days before the beginning of each operating season.
(5) An air carrier in another Member State is required to notify the Ministry of Transport
nonscheduled flight or series
charter flights to the Czech Republic, the Czech Republic or in the territory of the Czech Republic
aircraft with a total number of seats
passengers more than 9 or a maximum take-off weight of more than 5.7 tons.
Notification is given at least 3 days before the scheduled date of flight, in the case
series of charter flights for at least seven days before the scheduled date
performing a first flight.
(6) In addition to the general requirements for filing by the Administrative Procedure announcement contains
A) codename air carrier in another Member State
allocated by international organizations under an international agreement, which is part
legal system
B) number, date, estimated times, routing and purpose of the flight,
C) the type and aircraft registration and
D) the name and address of the seat body that air carrier
another Member State has issued a license to operate a commercial air transport and
air operator certificate. ".
62nd § 71 including the title reads:
"§ 71
Regular commercial air traffic air carrier from a third country
(1) An air carrier from a third country may operate regular commercial
aviation in the Czech Republic, the Czech Republic, the Czech Republic or
over the Czech Republic on the basis of permits issued by the Ministry of Transport
. The Ministry of Transport will issue a license on request
air carrier from a third country, if it is in accordance with international
agreement on air transport, which is part of the law, or does not
if economic or security risk.
(2) The application shall be submitted at least 30 days before the scheduled date of commencement of operations
scheduled commercial air transport. The air carrier from a third country
application accompanied by proof of liability insurance
caused by the operation of the aircraft and the following documents issued to the competent authority
:
A) license to operate a commercial air transport, if issued,
B) AOC
C) airworthiness certification
D) noise certificate.
(3) An air carrier from a third country to further requests accompanied by a timetable, which includes
A) codename air carrier from a third country allocated
international organizations under an international agreement, which is part
legal system
B) number, date, estimated times and flight routing,
C) the type and aircraft registration,
D) capacity offered aircraft
E) organizational and geographical definition of the planned operation,
F) the duration of the flight schedule.
(4) asks if the air carrier from a third country for a permit to operate
scheduled commercial air transport across the Czech Republic
, the documents referred to in paragraph 2. c) and d) and the information referred to in paragraph 3
point. d) and e) are not required.
(5) The permit is issued for an indefinite period. Accedes to the Ministry of Transport
permit application in its entirety, can not be against such a decision
remonstrance.
(6) A licensee shall immediately inform the Ministry of Transport to amend
facts stated in the request for his extradition and in the documents that are
annexed thereto. ".
63rd Under § 71, the following new § 71a-71d, which
including headings and footnotes Nos. 21 and 22, added:
"§ 71a
Ministry of Transport authorization under § 71 para. 1 canceled if
air carrier from a third country
A) does not use permit issued for a period longer than 12 consecutive months
, unless it is due to extraordinary circumstances which could affect
,
B) indicates that the authorization issued does not intend to continue using
C) seriously violates the provisions of this Act
directly applicable European Union law or international convention which is part
legal system
D) terminate the operation of commercial air transport, or
E) subject to the prohibition of the operation by the directly applicable European Union regulating
list of air carriers subject to an operating ban
transport in the EU-21) or a decision
international organizations issued on the basis of an international treaty that | || is part of the law.
§ 71b
The reporting obligation of the air carrier from a third country
(1) An air carrier from a third country will notify the Department of Transport initiate
direct or mediated sales service
scheduled commercial air transport in the Czech Republic. Notification will be given at least 20
days before the planned date of commencement of sales.
(2) In addition to the general requirements for filing by the Administrative Procedure announcement contains
A) business name or name and address of the organizational unit
air carrier from a third country established in the Czech Republic,
B) the trade name and registered office of the person mediating for
air carrier from a third country sales of commercial air services
in the Czech Republic, unless the branch is established, and
C) the type of services offered commercial air transport in the Czech Republic
.
(3) An air carrier from a third country informs the Ministry of Transport for
change in the facts set out in the notice within 15 days from the date when the
this change.
§ 71c
Scheduled commercial air transport air carrier from a third country
(1) An air carrier from a third country may conduct unscheduled
business aviation in the Czech Republic, the Czech Republic, the Czech Republic
or through the territory of the Czech Republic on the basis
permit issued by the Ministry of Transport. The Ministry of Transport will issue
permit application by an air carrier from a third country, if it is in accordance with
international agreement on air transport, which is part of the legal
order, or if it does not constitute an economic or security risk.
(2) The application shall be submitted at least
A) 3 working days before the planned date of the flight, in the case of an application for a permit
particular flight,
B) 7 working days before the planned date of the flight, in the case of transport of dangerous goods
^ 22), or
C) 15 working days before the scheduled date of the first flight, in the case of a series
charter flights.
(3) The request addition to the general requirements for filing by the Administrative Procedure contains
A) codename air carrier from a third country allocated
international organizations under an international agreement, which is part
legal system
B) number, date, estimated times, routing and purpose of the flight,
C) the type and aircraft registration,
D) organizational and geographical definition of the planned operation,
E) the number of passengers or amount of cargo
F) the name, classification, amount and method of packaging of dangerous goods ^ 22)
if it is transported,
G) the code number assigned to dangerous goods ^ 22), the United Nations
if it is transported,
H) the name and address of permanent residence or business name or
Name and registered office ordering transport
I) the name and address of permanent residence or business name or
name and registered address of the sender and recipient of the goods, if it is transported, and the
J) the business name or chosen provider
ground handling services in the Czech Republic.
(4) An air carrier from a third country to request accompanied by proof of insurance
liability for damage caused by the operation of an aircraft and those
documents issued by competent authority:
A) license to operate a commercial air transport, if issued,
B) license or other similar document for the carriage of dangerous goods
^ 22), if it is transported,
C) AOC
D) the certificate of airworthiness
E) noise certificate.
(5) asks if the air carrier from a third country for a permit to operate
unscheduled commercial air transport across the Czech Republic
, the data referred to in paragraph 3. d), e), h) to j) and
documents referred to in Subsection 4. d) and e) are not required.
(6) Should the Ministry of Transport permit application in full
extent not against such a decision remonstrance.
(7) A licensee shall immediately inform the Ministry of Transport to amend
facts stated in the request for his extradition and in the documents that are
annexed thereto.
§ 71d
Department of Transportation issued a permit under § 71c paragraph. 1 canceled
occurs when one of the grounds listed in § 71a point. b) to e).
21) European Parliament and Council Regulation (EC) no. 2111/2005, as amended
.
22 of Commission Regulation (EC) no. 859/2008 of 20 August 2008
amending Council Regulation (EC) no. 3922/91 as regards common technical
requirements and administrative procedures applicable to commercial air transport. ".
64th § 72 including the title reads:
"§ 72
Special provisions on proceedings commercial air transport
(1) In proceedings under § 70a to 70e, 71, 71a, 71c, and 71d can
participant to act and documents submitted in the English language.
Documents drawn up in the original version in a language other than Czech or English
presents party officially certified translation into Czech or English language
, nesdělí- if the Ministry of Transport of the party that is sufficient
officially non-certified translation . Such a declaration may
Ministry of Transport to take on its official board for all proceedings
first sentence. The provisions of this paragraph to the submissions made by
§ 70f and 71b shall apply mutatis mutandis.
(2) In proceedings under § 71, 71a, 71c, and 71d is the Ministry of Transport
parallel operations in Czech and English. This does not apply if they disagree with
by the party or compromising the proceedings, or would
such action was disproportionate cost the Ministry of Transport;
In this case, the acts is only in Czech language and the Ministry of Transport
about that issue resolutions to announce the party.
In case of conflict between the Czech and English wording of the act is crucial
Czech version.
(3) In proceedings under § 71, 71a, 71c, and 71d may file a submission in
electronically without using a recognized electronic signature or
by telegram or fax. In this case, the administration
endorse or supplement. If the submission was made by a person other than
which is mentioned therein is not bringing effects, with which it connects law;
Ministry of Transport about the issue resolution, which notes in the file.
Provisions of this paragraph on the submissions made pursuant to § 71b and 70f
apply mutatis mutandis.
(4) In proceedings under § 71, 71a, 71c, and 71d delivers the Transport Ministry
documents through a public data network to the electronic address
by his party communicate, or by fax;
in these cases, the document is delivered on the day of departure
return if the message as undeliverable. Confirming receipt of the document
document to the addressee through the message with its renowned
electronic signature is not required. ".
65th In § 82 paragraph 3 is deleted.
The former paragraphs 4 to 7 shall be renumbered 3 to 6
66th In § 82 para. 4, "as well as the withdrawal of the decision"
replaced by "and withdrawal of the mandate."
67th In § 84c paragraph. 3 point. a) the words "§ 81 paragraph. 2 point. a) to f) and
I) "is replaced by" § 81 paragraph. 2 point. a) to e) i) "and the words"
§ 81 paragraph. 2 point. g) to i) "is replaced by" § 81 paragraph. 2 point. f) to
h) ".
68th In § 84c paragraph. 3 point. b) the words "§ 81 paragraph. 2 point. g) and h) "
replaced by" § 81 paragraph. 2 point. f) to h). "
69th In § 84c paragraph. 4, letter a) reads:
"A) for pilots of sport flying equipment pursuant to paragraph 3.
A)
First 60 months for persons under 40 years, unless a competent physician with regard
health status of the individual shorter period,
Second 24 months for persons from 40 to 75 years, unless a competent physician
with respect to the health status of the individual shorter period,
Third 12 months for persons 75 years of age, unless a competent physician with regard
health status of the individual shorter period ".
70th In § 84c paragraph. 4 point. b) points 1 and 2, the number "60" is replaced
number "75".
71st Part eight, including the title and footnote no. 23 reads:
"PART EIGHT
PROTECTION OF CIVIL AVIATION SECURITY
TITLE
I
GENERAL PROVISIONS FOR THE PROTECTION OF CIVIL AVIATION SECURITY
§ 85
The competent authority
The tasks of the competent authority, including information obligations
Member State of the European Union to the European Commission, according to the directly applicable European Union
governing the protection of civil aviation against acts of unlawful interference
^ 23) and the regulations issued thereunder meet Office.
§ 85a
National programs
(1) The Office publishes and updates the national programs under the directly applicable
EU regulations governing the protection of civil aviation against acts of unlawful interference
^ 23) or by the decision of an international organization
issued on the basis of an international agreement that is
part of the legal order. National programs include a description on how to ensure the protection
civil aviation security.
(2) National Programs Office publishes a manner enabling remote access
unless directly applicable regulation governing the European Union
protect civil aviation against acts of unlawful interference ^ 23) otherwise.
§ 85b
General obligation to protect civil aviation against acts of unlawful interference
Anyone who enters into seats designed to protect civil aviation against unlawful acts
by the directly applicable European Union
governing the protection of civil aviation ^ 23)
is obliged when entering these places as well as staying in them
act with prudence so as to expose their behavior
civil aviation danger of an unlawful act, or that such behavior did not allow another
.
§ 85c
Commands to ensure the security of civil aviation security
(1) Natural and legal persons to protect civil aviation against unlawful acts
for this purpose in places
serving to protect civil aviation against acts of unlawful interference by
directly applicable EU regulations governing the protection of civilian | || aviation ^ 23) authorized to issue individuals
that these places entering or staying there, commands;
yet they are obliged to ensure that the orders were appropriate for their purpose.
Command the means of oral or written instruction calling to a person in respect
which instructs faces behaved in manner prescribed by this Act or
directly applicable EU regulation governing the protection of civilian
aviation security ^ 23), or to refrain from acts that
this Act or directly applicable legislation of the European Union
governing the protection of civil aviation ^ 23)
prohibits or to place serving to protect civil aviation | || unlawful acts promptly left.
(2) Natural persons against whom the command is directed, they are obliged to follow it
.
§ 85d
General provisions on screening of persons
Anyone who performs the screening of natural persons under this Act
and directly applicable EU regulations governing the protection
civil aviation ^ 23), is obliged to carry it
methods such as the use of such funds that monitor
sole purpose of checking and saving the dignity of every person who is
Scrutinized. For this purpose, conducted a hand search of individuals
person of the same sex.
TITLE II
RELIABILITY
§ 85e
Background Check
(1) Any person who enters unaccompanied
into a security restricted area under directly applicable EU regulations governing
protect civil aviation against acts of unlawful interference ^ 23) must be
reliable, unless this a directly applicable regulation differently.
Condition reliability individuals is its integrity and credibility
.
(2) Verifying the reliability of natural persons conducted at its request by the Authority;
Reliability individuals is thus certified for a period of 5 years. This does not apply
case of a person who performs a service in the Czech Republic Police, Fire Rescue
Czech Republic, the Customs Administration of the Czech Republic
Prison Service of the Czech Republic, the General Inspection of Security Forces
, security information service and the Office for foreign Relations and
information, or who holds a valid document
about the safety of the natural person or a valid certificate
individuals under the law regulating the protection of classified information;
Such person is deemed reliable under this Act.
Stops if such a person to fulfill the condition in the previous sentence,
immediately notify the person who allowed her to enter without
accompanied by a security restricted area.
(3) The request addition to the general requirements for filing by the Administrative Procedure contains
A) place of birth of the applicant; Born If the applicant is abroad, also
State in whose territory he was born
B) citizenship applicants
C) the name of the present applicant's employer, marking espoused
function and description of work performed,
D) to substantiate the need to enter unaccompanied in a dedicated
safety space
E) additional data for a period of 5 years prior to the date of application, which are
First previous citizenship applicants
Second names of previous employers stating the applicant's date of origin
and termination of the employment relationship, marking the position held and description
performed work; the same applies for business relationship,
Third Names of persons for whom the applicant received training, content and length of education
specifying the date and manner of his exit,
Fourth the applicant's continued residence in a foreign country for more than 6 months and the reason
and
F) affidavit concerning the truthfulness and completeness of the data in the application
mentioned.
(4) The application shall be accompanied by a document similar to an extract from the Register
records of the State in which the applicant within 5 years prior to the date of application
resided continuously for more than 6 months, or extract from the register | || Criminal Records, the annex to this is included. If the applicant
foreigner, also annexed to the application document similar to an extract from the Criminal Records
State of which he is a national, or
extract from the Criminal Records, the annex, the information contained
. Does not issue such a state document similar to an extract from the Criminal Records
, accompanied by an affidavit of the applicant integrity
made before a notary or authority of the State whose nationality
a notary or authority of the State whence they came.
These documents must not be older than 3 months.
§ 85f
Integrity and credibility
(1) as blameless for the purpose of verifying the reliability
considered a natural person who has been convicted of an intentional criminal act or
not been convicted of a criminal offense involving negligence in connection with the performance
Business Aviation personnel operating
airport, providing air services or the operation of air
activities when her never to have been convicted.
(2) A credible for the purposes of verifying the reliability of natural
considered a person who is not in connection with its entry to unaccompanied
security restricted area seen as specific risk.
Specific risk is reasonable suspicion that the current behavior of the physical
person's work or socializing significantly suggest
that could lead to civil aviation danger of an unlawful act.
§ 85 g
Authentication and integrity
(1) the parties about the background checks are only applicant.
Office after the initiation of proceedings will verify the applicant's identity and integrity.
(2) For the purposes of identification used by the Office of the basic register
inhabitants of these reference data:
) Name,
B) the name or names,
C) address of residence,
D) the date, place and district of birth; by the data subject, who was born in
abroad, the date, place and country where he was born,
E) the date of death; if it is issued by a court decision declaring the death,
day that is stated in the decision as the date of death or the date on which the data subject
declared dead survived, and
effective date of this decision, | ||
F) citizenship, or multiple citizenships.
(3) For the purpose of verifying the identity of the Office uses
agenda information system of population records the following information:
A) the name or names, surname,
B) date of birth,
C) place and district of birth; the citizen who was born abroad, place and
state where he was born
D) citizenship, or multiple citizenships,
E) permanent address.
(4) For the purposes of identification used by the Office of the agenda information system
foreigners following information:
A) name, surname or change thereof,
B) date of birth,
C) place and country of birth, where the foreigner was born; in the event that
born in the Czech Republic, place and district of birth,
D) citizenship, or multiple citizenships,
E) the address of the place of residence in the Czech Republic,
F) the date of death or date which was the decision of the court of
declaration of death as the date of death or the date on which the alien
declared dead survived.
(5) Data that are kept as reference data in the basic register
population, the use of records information system
residents or foreigners information system only if they are in the shape
previous temporary situation .
(6) From the data provided in a particular case can only use
data that are necessary to fulfill the task.
(7) For the purposes of verifying the integrity Authority seeks extract from the Criminal Records
. The request for an extract and extract from the Register
records shall be submitted in electronic form, in a manner allowing remote access
. For the purpose of verifying the integrity
Office also entitled to request from the court a copy of the final decision. Unless
decisions decisive for the verification of integrity, the Office
entitled to inspect those parts of the criminal file, which contain these facts
.
(8) If the applicant stated false data essential for verifying the identity
or is not blameless, the Office shall issue a decision on his unreliability. In
Otherwise, ask the Office of the Police of the Czech Republic on the assessment of his credibility
.
§ 85h
Assessment of credibility
Czech police will assess the credibility of individuals
no later than 10 days after receipt of the application and the Office shall issue a binding opinion
. For the purposes of assessing the credibility of the Police of the Czech Republic
may request the necessary information from the relevant intelligence service
Czech Republic. In particularly difficult cases, where
credibility can not be assessed within the first sentence, the period for issuing a binding opinion
20 days of receipt of the Authority.
If it contains binding opinion of the classified information that the Police
Czech Republic argues that, in connection with them could be her
activities or the activities of the intelligence services of the Czech Republic
endangered or seriously impaired, are part file containing such binding opinion
excluded from inspection.
§ 85i
If the applicant is binding opinion by the Police of the Czech Republic
trusted, the Office shall issue a decision on his unreliability.
This applies even if it comes when the management discovered that the applicant deliberately provided false
decisive data for verifying the reliability of such information or deliberately withheld
. Otherwise, instead of the Office shall issue a written copy of the decision
proof of reliability.
§ 85j
Proof of reliability
(1) Proof of reliability is a public document and its validity
Is 5 years. Theft or loss of documents about the reliability of its holder
promptly report to the Office and the person who allowed him unescorted entry
security restricted area.
(2) Proof of reliability includes
A) the name or names and surnames,
B) day, month and year of birth,
C) citizenship,
D) date of issue and validity period and
E) official stamp and signature of authorized official.
(3) The proof of the reliability expires
A) the expiration of its term,
B) the date of acquisition of other legal effects of the decision of the Office of the unreliability of the holder
issued in proceedings on the review
reliability
C) notification of theft or loss
D) such damage, that the records contained therein are illegible or
violated his integrity,
E) changing any of the information contained therein
F) returning the document holder's Office
G) the date of delivery of a new document, or
H) death of the holder of the document, or is declared dead.
(4) The holder of the reliability surrenders Office within five days document
whose validity expired pursuant to paragraph 3. a), b), d), e) and g), and
immediately notify the person who enabled him to enter without
accompanied by a security restricted area. Everyone is obliged to immediately surrender
found evidence of the reliability of the Office or the Police
Czech Republic.
(5) The holder of the reliability, the validity of which expired
pursuant to paragraph 3. c) to e), shall, within five days from the date of termination of the validity
Office to issue a new document. In such a case, the Office within 5 days of receipt of the request
new proof of confidence, which replaces the original document
.
(6) The document model of reliability in the implementing legislation.
§ 85k
Reliability Review
(1) The Office shall ex officio review procedure reliability
if it finds during the validity of the proof of the reliability
facts suggesting that the holder of the document
A) is not blameless,
B) is not trusted or
C) deliberately false information relevant to verify the reliability of such data
or intentionally concealed.
(2) participate in proceedings on the review of reliability is only one whose
reliability under review. If the Board finds
facts suggesting that the holder of the proof of reliability is not trusted, asks
Police of the Czech Republic on the assessment of his credibility. The proceedings of the review
reliability of § 85f, 85 g § paragraph. 7 and § 85h
apply mutatis mutandis.
(3) If the Board finds that the holder of the proof of reliability is not blameless
or trusted, issues a decision on his unreliability. This applies even if
said if the holder of the proof of the reliability of intentionally false
decisive data for verifying the reliability of such information or deliberately withheld
. Otherwise, the Office of the resolution of proceedings.
Appeal against the decision of unreliability does not have suspensive effect.
§ 85 l
Judicial review
(1) Evidence in the trial is carried out so that was investigated
obligation to maintain confidentiality of classified information contained in
data records from the Czech police or intelligence services
Czech Republic or the results of their investigation . These circumstances can be done
hearing evidence only if it was he who
obligation of confidentiality has that obligation by the competent authority acquitted;
waive the confidentiality not only in the case that could lead to danger or serious disruption
Czech police or intelligence services
Czech Republic. If done otherwise than by hearing evidence,
proceed accordingly under this paragraph.
(2) The presiding judge decides that parts of the file containing classified
information will be separated, if it can in relation to such information
cause danger or serious disruption of the activities of the Czech police or intelligence services
Czech Republic; in separate parts of the file
party, his deputy and the person participating in the proceedings have not
.
TITLE III
Protection of airports, airplanes, passengers and baggage
§ 85 meters
Airport security program
(1) The airport operator may not operate an airport without an approved
airport security program under directly applicable regulation
European Union governing the protection of civil aviation against acts of unlawful interference
^ 23). The airport security program approved by the Office upon request
airport operator, which is annexed to the safety program
airport; This application may be submitted by an applicant for a permit to operate an airport
together with the application for a permit to operate an airport.
(2) An airport security program shall be approved if it contains measures
ensuring adequate protection of civil aviation against acts of unlawful interference
at the airport in accordance with this Act and
directly applicable EU regulation governing the protection of civilian
aviation ^ 23). Party to the proceedings for approval
airport security program is the only applicant. The procedure for approving
airport security program is concerned body
Police of the Czech Republic.
(3) The change in the airport security program affecting
ensure the security of civil aviation Authority approves
at the request of the airport operator. On approval of changes to the safety program
airports, paragraph 2 shall apply mutatis mutandis. Other changes
airport security program other than those listed in the first sentence
airport operator shall immediately notify the Office.
(4) Content requirements and structure of the airport security program
in the implementing legislation.
§ 85n
The duties of the airport operator
(1) An airport operator in accordance with applicable regulations of the European Union
governing the protection of civil aviation security
^ 23) The split of the airport according to the type of security measures applied
on each area is clearly marked
as using appropriate safeguards to ensure that the passageway between them
was possible only under the conditions laid down in this Act and
directly applicable EU regulation governing the protection of civilian
aviation ^ 23).
(2) An airport operator in accordance with applicable regulations of the European Union
governing the protection of civil aviation security
^ 23) also ensure
A) carrying out checks on persons and vehicles entering and
entering the airport area,
B) the issuance of airport identification cards and entry permits,
C) implementing screening of persons other than passengers and items carried them
things
D) guarding the airport area.
§ 85o
Information on the aircraft security search
Air carrier shall ensure that information on safety inspection
aircraft under directly applicable EU regulations governing
protect civil aviation against acts of unlawful interference ^ 23) was for
this directly applicable regulation set stored also | || aircraft.
§ 85p
Screening of passengers, cabin baggage and hold baggage
(1) The operator of airport and air carrier shall ensure the implementation of screening
checks of passengers, cabin baggage and hold baggage
in accordance with applicable regulations of the European Union governing
protect civil aviation against acts of unlawful interference ^ 23).
(2) An air carrier may allow to bring on board an aircraft thing whose
introduction of a directly applicable regulation prohibits the European Union governing
protect civil aviation against acts of unlawful interference ^ 23), just after
prior consent of the Authority and under the conditions stipulated by the Code
European Union. Allowing the carrier introducing such things
aboard an aircraft, it shall immediately inform the operator of the airport.
(3) On the request of a natural or legal person consenting to the introduction
things, the bringing on board an aircraft is prohibited
directly applicable EU regulation governing the protection of civilian
aviation ^ 23) if it can be considering
physical and chemical properties of matter and the purpose of its use have considered that its
introduction does not constitute a threat to civil aviation.
(4) a party may consent only applicant. The procedure for granting consent
Authority will conduct examination of the object, on which
brought on board aircraft is requested. The decision to grant the introduction Affairs Office
down conditions for the safe handling of affairs after its introduction into
area airports and on board aircraft and the period for which the agreement
grants.
(5) If the Office Awarded agreement with introducing things, authorized official person
immediately after the decision puts thing into a closable opaque
package that visibly affix a seal or other
visible locking device with a unique numerical
identifier, set out in the decision, in such a way that the
it was impossible thing removed without violating the locking device
. Anyone who has dealt with things, must ensure that the matter will
placed in a container fitted with a locking device during its introduction into the space
airports and on board aircraft and for the duration of its storage in
area of the airport and on board aircraft. The air carrier shall ensure that the matter will be
Since its introduction into the area of the airport and accompanied
safely stored safely in the airport and on board the aircraft.
§ 85q
Subsequent protection of passengers, cabin baggage and hold baggage
Operator of airport and air carrier shall ensure the subsequent protection
passengers, cabin baggage and checked baggage after
their screening in accordance with applicable regulations of the European Union
governing the protection of civil aviation security
^ 23).
§ 85r
Security software provider of air traffic services
(1) air traffic services provider shall develop and observes
security program which includes measures to ensure
in accordance with this Act and by the International Organization
issued based on international agreement, which is part of the legal system,
sufficient level of civil aviation security ^ 23) at
provision of air traffic services.
(2) A provider of air traffic services without undue delay
make available to the Office at the request of the security program.
(3) Content requirements and structure of the safety program
air traffic service providers shall be laid down
regulation.
TITLE IV
Protection of goods, postal items and things AIRLINE
§ 85s
Persons implementing security controls in respect of cargo and postal items instead
approved agent
(1) Any natural or legal person in the Regulated Agent status by
directly applicable EU regulations governing the protection
civil aviation ^ 23) may
implementing security controls for cargo and mail outside his | || establishment entrusted to another person or entity, if provided
its obligation to provide adequate protection for civil
aviation security in your safety program and
ensure their proper performance.
(2) A natural person or legal entity may carry out security checks
freight and mail instead approved agent outside his
business with the approval of the Authority granted her request.
Request next general filing requirements under the Administrative Code contains
defining the type and extent of security checks, which the applicant intends to implement.
(3) The Authority shall grant its consent if the applicant
A) meets the conditions laid down by the directly applicable EU regulation governing
protect civil aviation against acts of unlawful interference ^ 23)
security checks in the application and
B) has for this activity in place measures to ensure its proper implementation
.
(4) The person conducting a safety inspection in connection with cargo and postal items instead
approved agent immediately
Office announces change in circumstances affecting the consent.
(5) The Office shall withdraw approval if the person has been granted,
A) no longer fulfills the conditions for granting consent,
B) seriously violates the obligations under this Act or
directly applicable EU regulation governing the protection of civilian
aviation ^ 23) or
C) on withdrawal of consent requested.
§ 85 t
Index of persons authorized to carry out security checks in connection
cargo and postal items instead approved agent
(1) A non-public register of persons authorized to carry
safety inspection in connection with cargo and postal items
instead approved agent (hereinafter the "register of authorized persons")
Designed to comply with applicable regulations of the European Union
governing the protection of civil aviation ^ 23)
disclose information about these entities and their services approved
agents.
(2) Registry Administrator's Office authorized persons. Have access to it
approval only agents which provide remote access Office.
(3) The Office shall register a person who has consented to perform safety checks
in connection with cargo and postal items instead
approved agent in the register of authorized persons within 3 days of
decision comes into force to grant such consent.
(4) The register of authorized persons are processed
following kinds of personal data on individuals who are not entrepreneurs:
A) the name or names,
B) surname,
C) date of birth and
D) address of permanent residence, or else stay in the Czech Republic
.
(5) the case of a natural person in the register of authorized persons
are processed, these kinds of personal data:
A) business firm or a name, or names and surnames,
B) registered address and
C) identification number, if assigned.
(6) The register of authorized persons are processed by these kinds of data on legal entities
:
A) business name or name,
B) registered address and
C) identification number, if assigned.
(7) The register of authorized persons are further processed by these kinds of data
:
A) the date of registration and
B) the date of the cancellation.
(8) Personal data are processed by the register of authorized persons for the duration
permission to perform security checks in connection with
cargo and postal items instead approved agent; after withdrawal of consent
Office such information promptly discarded.
§ 85u
Screening and subsequent protection of the air carrier Affairs
Air carrier shall ensure the implementation of screening their affairs and their subsequent protection
after the screening in accordance with
directly applicable EU regulation governing the protection of civilian
aviation ^ 23).
TITLE V
PROFESSIONAL REQUIREMENTS
§ 85v
Recruitment
Anyone who intends to take up the basic employment relationship
natural person for the purpose of working activities set
directly applicable EU regulation governing the protection of civilian
aviation ^ 23), subjected to the candidate receiving || | proceedings involving verification of the applicant before issuing the basic
employment relationship in accordance with the directly applicable regulation
European Union. Verification of candidates pre-employment
is not performed if the applicant is subject to background checks by
directly applicable EU regulations governing the protection
civil aviation ^ 23).
§ 85 watts
Training
Anyone for whom a person fulfilling the obligations related to the protection
civil aviation security, ensure that these persons
undergo training in accordance with applicable regulations of the European Union
governing the protection of civil aviation actions ^ 23).
§ 85x
Making training
(1) An individual may perform training according
directly applicable EU regulations governing the protection
civil aviation ^ 23) on the basis of the authorization issued on the request
Office.
(2) The request addition to the general requirements for filing by the Administrative Procedure
includes a proposal for the kind of training under a directly applicable regulation
European Union governing the protection of civil aviation against acts of unlawful interference
^ 23), which the applicant intends to pursue. The application shall be accompanied
A) evidence of the highest educational attainment in original or certified copy
,
B) an affidavit of current practice in the field of civil
aviation security containing a description of all activities performed
to safeguard civil aviation against acts of unlawful interference
, including their duration, and
C) proposal content, scope and form of training, which the applicant intends to carry
.
(3) An authorization for the implementation of the training shall, unless
A) the applicant
First aged 18,
Second has at least completed secondary education with GCSE,
Third for at least one year was engaged in activities in the field of
civil aviation security,
Fourth in the administrative procedure demonstrated expertise and practical
skills needed for the implementation of the proposed type of professional training and
B) proposal content, scope and form of training, which the applicant intends to carry
, with conditions for realization of training
under directly applicable EU regulations governing the protection
civil aviation ^ 23) .
(4) the parties about the permit only the applicant.
Professional knowledge and practical skills of the applicant in the proceedings prove
theoretical and practical examination before a three-member expert committee comprising officials
Authority, whose members are appointed and dismissed by the Managing Director
Office.
(5) In its decision on the permit shall specify the type of training
under directly applicable EU regulations governing the protection
civil aviation ^ 23), which the applicant
authorized to operate, and time validity of the decision.
(6) The Office shall cancel the authorization issued if the natural person making a
training (hereinafter referred to as "tutor")
A) does not fulfill the conditions for the organization of training stipulated by this Act or
directly applicable EU regulation governing
protect civil aviation against acts of unlawful interference ^ 23) or
B) to cancel the license requested.
(7) The content and form of the examination in which to demonstrate professional knowledge and practical skills
applicant for a permit for carrying out professional
training in the implementing legislation.
§ 85y
Completion of the training
(1) Training by the directly applicable European Union
governing the protection of civil aviation ^ 23)
ends with an exam. Tom, who successfully completed the training, the trainer
exposing this fact written document. Unless
natural person holds a valid certificate of completion of training, not
perform activities which are directly related training.
(2) The validity of proof of completion of the training
natural persons performing activities directly related to the implementation
screening checks, which directly applicable regulation governing the European Union
protect civil aviation against acts of unlawful interference ^ 23) stores
successfully complete training at least once during the 6 months is 6
months. In other cases, the validity of the proof of passing the professional
preparation is 2 years.
(3) document model completion of the training
down implementing legislation.
§ 85Z
Vocational training handlers and dogs for detecting explosives
(1) A natural person or legal entity may pursue vocational training
handlers and dogs for detecting explosives by
directly applicable EU regulations governing the protection of civil aviation against acts of unlawful interference
^ 23) with a permit at its request
Office.
(2) The request addition to the general requirements for filing by the Administrative Procedure
contains the name, or names and surnames
supervisor designated by the applicant to the provision of vocational training (hereinafter referred to as "guarantor
training"). The application must be accompanied
A) a document certifying the authorization of the applicant to handle explosives on
Czech Republic,
B) a document certifying the authorization guarantor training for handling
explosives in the territory of the Czech Republic,
C) an affidavit guarantor training of current practice in the field of dog training
containing a description of all the activities, including their duration
and
D) proposal of content, scope and form of vocational training, which the applicant intends to carry
.
(3) An authorization for the implementation of vocational training shall, unless
A) the applicant conducts screening by directly applicable
European Union governing the protection of civil aviation against acts of unlawful interference
^ 23)
B) training supervisor for at least 5 years of performing activities in the field
Dog training and in administrative proceedings has demonstrated expertise and
practical skills necessary for detecting explosives and proper
assurance training and
C) proposal content, scope and forms of vocational training which the applicant intends to carry
involves the use of means of ensuring the achievement
sufficient revealing abilities of dogs and meets the conditions for the implementation
training under directly applicable regulation || | European Union governing the protection of civil aviation against acts of unlawful interference
^ 23).
(4) the parties about the permit only the applicant.
Professional knowledge and practical skills training guarantor in proceedings demonstrate
theoretical exam and a practical test before a three-member expert
board whose members are appointed and dismissed by the Director General of the Office.
Most of the members of the expert committee consisting of officers or employees of the Police of the Czech Republic
or Army of the Czech Republic, whose business is filling
conduct training dogs for detecting explosives.
Actually incurred costs related to the management of the permit shall be borne by the applicant.
The permit is valid for 5 years.
(5) The Authority issued a permit canceled if a natural or legal person carrying out vocational training
A) does not fulfill the conditions for the implementation of vocational training laid down in this Act or
directly applicable EU regulation governing
protect civil aviation against acts of unlawful interference ^ 23) or
B) to cancel the license requested.
(6) The content and form of the theory test and a practical test involving the
demonstrate specialized knowledge and practical skills training and guarantor
means ensuring that sufficient revealing abilities of dogs
in the implementing legislation.
TITLE VI
Devices used to protect civilian AVIATION SECURITY
§ 86
Use of funds designed to protect civil aviation against acts of unlawful interference
Natural or legal person that ensures the implementation of screening
inspection under this Act or the directly applicable European Union
governing the protection of civil aviation security
^ 23) shall ensure that the means used to protect civilian
aviation security (hereinafter "security agents")
used in the implementation of screening, they meet the requirements for revealing
skills, technical and operational security settings set by
directly applicable EU regulation.
§ 86a
Dogs intended for detecting explosives
(1) A natural person or legal entity that ensures the implementation of screening
control methods to fulfill this obligation to allow the use of dogs intended for detecting explosives
only, if the person performing the tasks handler
issued by the Office permission to perform this activity. This does not apply in the case of a dog
used to detect explosives Czech Police or Army
Czech Republic.
(2) On the request of the individuals performing the tasks handler issues a permit to use the dog
designed to detect explosives, if it was the person with the dog
equipped with an electronic chip has successfully trained under the directly applicable regulation
European Union governing the protection
civil aviation ^ 23) and in administrative proceedings
demonstrated expertise and practical skills necessary for detecting explosives
laid down by the directly applicable regulation
European Union.
(3) The request addition to the general requirements for filing by the Administrative Procedure
includes marking the subject of screening for which the dog will be designed to
detecting explosives used by the applicant. The request also contains the following data
determining the identity of the dog, which the applicant intends for screening use
:
A) the name or names,
B) date of birth,
C) breed
D) gender
E) identification data stored on an electronic chip, which is equipped
dog.
(4) The application shall be accompanied by proof of successful completion of vocational training
handlers under directly applicable EU regulations governing the protection
civil aviation ^ 23).
(5) the parties about the permit only the applicant.
Professional knowledge and practical skills of the person performing the tasks necessary for the handler
Detecting explosives in the proceedings demonstrate a theoretical exam and a practical test
by the directly applicable European Union
governing the protection of civil aviation ^ 23).
Theoretical exam and a practical test is performed before a three-member
expert committee, whose members are appointed and dismissed by the Director General of the Office
. Most of the members of the expert committee consisting of officers or employees
Czech Police or the Army of the Czech Republic, filling
whose business is to conduct training dogs for detecting explosives.
Part of the practical test is also revealing verification capabilities
dog, which the applicant intends to use. The actual costs associated with managing
a permit shall be borne by the applicant. The Office in its decision on the issue
shall indicate the period of validity and the data defining the identity of the dog
which the applicant intends to use for screening.
(6) The Office shall cancel the authorization issued if the permit holder
A) does not fulfill the conditions for the use of dogs intended for detecting explosives at
screened in this act or directly applicable
EU regulation governing the protection of civil aviation against acts of unlawful interference
^ 23) or
B) the withdrawal of a permit.
(7) An appeal against the decision to cancel the license does not have suspensive effect.
§ 86b
Different way of implementation of screening
(1) On the request of a natural or legal person who provides
implementation of screening may allow that person might
ensure the implementation of screening in a different way than what
provides a directly applicable regulation of the European
Union governing the protection of civil aviation ^ 23), including the use
security device utilizing the latest scientific findings
if the conditions laid down by the directly applicable EU regulation
.
(2) the parties about the permit only the applicant.
Authority in a decision on the permit shall indicate the manner permitted
implementation of screening and authorization period.
(3) The Office shall cancel the authorization issued if the permit holder
A) does not fulfill the conditions for the authorized implementation of screening
provided in this Act, the directly applicable EU regulation governing
protect civil aviation against acts of unlawful interference ^ 23) or
decision to issue a permit or || |
B) the withdrawal of a permit.
(4) An appeal against the decision to cancel the license does not have suspensive effect.
TITLE VII
GENERAL, SPECIAL AND EMERGENCY MEASURES
§ 86c
Notification requirements
(1) A natural person or legal entity that intends to operate an airport or
commercial air transportation under this Act or undertake an activity
regulated agent, known consignor approved vendor
catering supplies or supervisor under directly applicable regulation
European Union governing the protection of civil aviation against acts of unlawful interference
^ 23) shall notify the Office at least 45 days before filing
application for issuing administrative decisions founding
right to perform this activity. The natural or legal person who
intends to pursue vocational training handlers and dogs for detecting explosives
, and the natural or legal person intending to perform
safety inspection in connection with cargo and postal items
instead approved agent outside his business, the first sentence shall apply mutatis mutandis
.
(2) Any natural or legal person who intends to operate a permanent
sender, known supplier of in-flight supplies or a known supplier of airport supplies
by the directly applicable European Union
governing the protection of civil aviation ^ 23)
shall notify the Office at least 45 days before the date of commencement of
this activity. For another natural or legal person who intends
transport cargo or mail
subjected to security checks by directly applicable EU regulations governing
protect civil aviation against acts of unlawful interference ^ 23), the first sentence applies
Similarly.
(3) A natural person or legal entity shall promptly inform the Authority about changing
facts stated in the notice; this does not apply if acquired
Decision establishing the right to pursue its work force.
§ 86d
Basic measures
(1) If the Office receives notification pursuant to § 86c, without undue delay determine
ex officio on the basis of a decision of the European Commission governing
protect civil aviation against acts of unlawful interference, and within the limits of the natural or legal
the person who made this announcement, basic
necessary measures to ensure an adequate level of protection
civil aviation against acts of unlawful interference in the exercise of its activity (hereinafter
"fundamental measures"). This does not apply if the Authority has reasonable suspicion that
notifier could their knowledge of basic measures to exploit and expose civil aviation
risk of infringement. In this case, it
Office without delay inform either.
Procedure under this paragraph shall not apply to access to classified information
according to the law governing the protection of classified information.
(2) participate in proceedings on the determination of basic measures is only one
whom the basic measures set (hereinafter referred to as "beneficiaries of basic
measures"). Decision laying down basic measures
is the first procedural step. An appeal against the decision has no suspensive effect.
(3) If it is necessary to monitor the implementation of basic measures, the Authority may
decision in recipients of basic measures to oblige
inform him about the facts relevant to the assessment of the content and scope of its activities
performance.
(4) Everyone is obligated to maintain confidentiality about the facts contained in
decision was determined by fundamental measures; It does not apply
exposes If these facts natural or legal person who is
required to carry out their duties imposed by law or
directly applicable regulation governing the European Union's civil protection
aviation ^ 23 ).
(5) The enforcement of the decision, which lays down basic
measures, not the recipient of basic measures perform an activity with which
these measures directly related.
(6) If the Board finds facts on which it is necessary to amend
provided basic precautions, particularly if there is a change
decision of the European Commission governing the protection of civil aviation against acts of unlawful interference
, decisions which such measures have been determined
change. In this case, the Office also sets a deadline for fulfilling the obligations arising from the change
basic measures. If the reason
determination of basic measures Authority decision such measures
determined, canceled. The proceedings on the amendment or repeal of the decision
provisions of paragraph 2 shall apply mutatis mutandis.
§ 86e
Specific measures
(1) permitted by the directly applicable regulation governing the European Union
protect civil aviation against acts of unlawful interference ^ 23), the Authority may, after
assessment of local conditions, provide the airport operator or air carrier
upon request special measures
containing derogations from the provisions of directly applicable EU regulations, if
special measures to ensure continued adequate level of protection
civil aviation security.
(2) participate in proceedings on the determination of the special measure is only one
whom the special measures determined.
(3) If the Board finds facts on which it is necessary to amend
set out specific measures, a decision such measure was determined
changes. In this case, the Office also sets a deadline for compliance
obligations arising from changes in special measures. If the reason
determine specific measures, or if requested it
airport operator or air carrier to whom the special measures provided
Authority decision of such measures has been determined canceled.
The proceedings on the amendment or repeal of the decision, the provisions of paragraph 2 shall apply mutatis mutandis.
Appeal against the decision to modify or revoke the decision, which was established
special measures, has no suspensive effect.
§ 86f
Emergency measures
(1) If the airport operator that civil aviation is directly threatened
particularly serious criminal offense, immediately
shall, for the necessary emergency measures:
A) stricter way of carrying out checks at the airport,
B) stricter conditions for access and entry into the area of the airport
C) stricter procedure to ensure airport security, or
D) restricting or stopping operation of the airport.
(2) If an air carrier that civil aviation is directly threatened
particularly serious criminal offense, immediately adopts to
period necessary stricter way of checks or stricter
procedure to ensure safe operation of commercial air transportation.
(3) If the airport operator or air carrier
new facts on the basis of which it is necessary to amend
received emergency measures, such measures will change. If the reason
adoption of extraordinary measures, the airport operator or carrier such measures
canceled.
(4) The adoption, amendment or repeal of emergency measures
notify the airport operator or air carrier Office without delay.
(5) If the Civil Aviation imminent danger of particularly serious
unlawful act and not accepted if the emergency measures
airport operator or air carrier, or unless such measures sufficient
ordered emergency measures from ex officio Office.
(6) participate in proceedings on the regulation of extraordinary measures is only one
which is an emergency measure ordered. The decision ordering
emergency measure is the first act in the proceedings.
Appeal against the decision has no suspensive effect. Office issuing a decision without undue delay
notify the European Commission.
(7) If the Board finds new facts on which it is necessary to amend Regulation
emergency measure, a decision
such a measure was ordered changes. If the reason Regulation extraordinary measures
Office decision such measures were ordered canceled. The proceedings
amending or revoking the decision to the provisions of paragraph 6 shall apply mutatis mutandis
.
23) European Parliament and Council Regulation (EC) no. 300/2008. ".
72nd Part Nine headline reads: "STATE ADMINISTRATION AND ADMINISTRATIVE OFFENCES IN CIVIL AVIATION
".
73rd Under the heading of the ninth, the following description and title for a new Title I, which
added:
'TITLE I
Government ".
74th In § 87 para. 1, "and the Office" is replaced by "Office and the Institute".
75th In § 88 para. 1 point. c) the score 3-7 deleted.
76th In § 88 para. 1 point. h) the words "withdrawal of traffic rights"
replaced by "the withdrawal of traffic rights" and at the end of the text of the letter is
words "European Union".
77th In § 88 para. 1 after Point h) the following point i) is added:
"I) decide on the permit and revocation of a license to operate scheduled
commercial air transport and non-scheduled commercial air transport
air carrier from a third country".
Existing letters i) to u) shall be renumbered letters j) to v).
78th In § 88 para. 1 letter j) reads:
"J) approve the operational and technical regulations for the operation of sports
flying equipment and training curriculum."
79th In § 88 para. 1 letter m) shall be deleted.
Existing letters n) to v) are renumbered m) to u).
80th In § 88 para. 1 points n) through q) are deleted.
Existing letters r) to u) are renumbered n) to q).
81st In § 89 para. 1 point. e) point 1 is deleted.
Existing points 2-7 are renumbered 1 to 6
82nd In § 89 par. 1 letter s) is deleted.
Existing letters t) to y) are renumbered s) to x).
83rd In § 89 par. 1 letter a) reads:
'S) is the competent authority pursuant to the directly applicable European Union
governing rules for issuing licenses and certificates
some air traffic controllers' ^ 16). "
84th In § 89 par. 1 letter t) to x) added:
"T) deal with administrative offenses of natural and legal persons in the area
operation of sport flying equipment
U) monitors the implementation of the obligations of the domestic air carrier
develop a plan to help the victims of air accidents and their relatives,
V) monitors the implementation of the measures taken in response to the Department issued
safety recommendations by the directly applicable European Union
governing the investigation of accidents and incidents in civil aviation ^ 19)
W) deal with administrative offenses of natural and legal persons in the area
Introduction of procedures for monitoring the implementation of measures taken in response to the Department
safety recommendations issued by
directly applicable EU regulations governing the investigation of accidents and incidents in civil
aviation ^ 19) and
X) leads Aircraft Register and decides
First Entry into the Aircraft Register and deletion from the Aircraft
register
Second Minutes lien on the aircraft in the Aircraft Register and deletion
lien from the Aircraft Register
Third Preliminary allocation of the license plate or aircraft addresses,
Fourth aircraft address was allocated to terrestrial and coding equipment
sport flying equipment and
Fifth change data entered in the register. ".
85th In § 89 par. 2 letter a) reads:
"A) adopt and repealing the operational capability of the airport".
86th In § 89 par. 2 point. e) at the end of the text of point 2, the words
"service creation flight procedures".
87th In § 89 par. 2 letter g) reads:
"G) gives a general measure, which restricts or prohibits the use of airspace
Czech Republic".
88th In § 89 par. 2 letter h) reads:
"H) authorizes a legal entity or natural person providing
airport services and revoke granted credentials".
89th In § 89 para. 2, after letter h), new letters i) to l)
added:
"I) a certificate issued by the directly applicable European Union
governing the provision of air navigation services in the Single European Sky
^ 18)
J) defines a legal person and cancels the determination of the legal entity to provide
air traffic and meteorological services, according
directly applicable EU regulations governing the creation of the single European sky
and functioning ^ 17)
K) approve the agreement on the use of services concluded by
directly applicable EU regulations governing the provision of air navigation services in
Single European Sky ^ 18)
L) repealed a legal entity authorized to provide air traffic services
or meteorological services under a contract for the use of services concluded
under directly applicable EU regulations governing
provision of air navigation services in the single European sky
^ 18) '.
Existing letters i) to q) are renumbered m) to u).
90th In § 89 par. 2 point. a) Section 1 reads:
"1. general measure establishing measures to regulate
handling services for reasons of safety or traffic congestion
airport ".
91st In § 89 par. 2 point. o) in section 4 the word "carrier"
replaces the word "operator".
92nd In § 89 par. 2 point. a) point 8 is deleted.
93rd In § 89 par. 2 letter u) is deleted.
94th In § 89, paragraph 3 shall be added:
"(3) On the field of civil aviation security
A) perform the tasks of the competent authority, including information obligations
Member State of the European Union to the European Commission, according
directly applicable EU regulations governing the protection
civil aviation ^ 23) and the regulations issued his
basis
B) issue, update and publish national programs by
directly applicable EU regulations governing the protection
civil aviation ^ 23) or by the decision of an international organization
issued on the basis of an international agreement that is
part of the legal system
C) performs validation and reliability examination of persons entering into a security restricted area
under directly applicable regulation
European Union governing the protection of civil aviation against acts of unlawful interference
^ 23)
D) approve the airport security program, and its changes
E) grant its consent to allow the introduction of things, whose incorporation into the space
airports and on board aircraft are prohibited from directly applicable regulation
European Union governing the protection of civil aviation security
^ 23) || |
F) grant and withdraw approval for security checks in connection with
cargo and postal items instead approved
agent outside his establishment
G) is the manager of the register of persons authorized to perform security checks
regarding the cargo and postal items instead
Approved agent,
H) issue permits repealed and the organization of training by
directly applicable EU regulations governing the protection
civil aviation ^ 23)
I) issue permits repealed and implementation of training
handlers and dogs for detecting explosives by a directly applicable regulation
European Union governing the protection of civil aviation against acts of unlawful interference
^ 23)
J) publishes and repeals authorization for the use of dogs intended for detecting explosives
in the implementation of screening
K) issue permits repealed and to ensure the implementation of screening
manner different from that provided directly applicable legislation of the European Union
governing the protection of civil aviation ^ 23)
L) provides amends and repeals basic measures necessary to ensure
adequate level of civil aviation security
according to § 86d,
M) provides amends and repeals the special arrangements containing derogations from the provisions
directly applicable EU regulations governing
protect civil aviation against acts of unlawful interference ^ 23) according to § 86e and
N) decide on the regulation amending and repealing emergency measures under §
86f. ".
95th Under § 89, the following description and the title of the new Title II are added:
'TITLE II
STATE SUPERVISION ".
96th § 90 reads:
"§ 90
(1) State supervision in civil aviation exercised within its scope
Ministry of Transport, the Office and the Department.
(2) Authorization for exercising state supervision has the form of a license.
(3) In exercising state supervision in flight is controlled by a person obliged
extent necessary and carry an air controlling.
(4) Terms and passer to exercise state supervision provides
implementing legislation. ".
97th In § 91 para. 1, first sentence, the words "control officer"
be replaced by "controlling".
98th In § 91 para. 1, the last sentence deleted.
99th In § 91 paragraph 2 reads:
"(2) If it can be immediately endangered the life or health of persons or
air safety, controlling prohibit the activity, possibly
withheld documents relating to this activity.
Ministry of Transport or the Authority initiated within 10 days of the decision
administrative proceedings related to the disqualification or retention of documents.
Decision on the disqualification arising expire on completion
administrative proceedings connected with the ban
final decision. ".
100th In § 91 par. 3, the words "liable person" shall be replaced
"controlled person".
One hundred and first In § 91a paragraph. 3, the word "Office" is replaced by "controlling".
102nd In § 91a Paragraph 6 reads:
"(6) A decision to exercise control aircraft at the apron area of the airport stores
way to remedy the deficiencies that threaten the safety of the flying
and their causes, has until remedy these shortcomings
effect of the prohibition flight. The decision is a statement indicating
eliminating shortcomings as flaws endangering flight safety. ".
103rd In § 91a paragraph 7 reads:
"(7) At the request of the inspected person may Authority in agreement with the State
in whose Aircraft Register the aircraft is entered or the State
executing supervision over the technical condition of the aircraft, the decision to exclude the effect
flight ban pursuant to paragraph 6; part of the decision are
conditions for the flight to an airport where the deficiencies can be removed
endangering flight safety. If the deficiencies lie
endangering flight safety in non-compliance Airworthiness Authority may
exclude the effect of the flight ban imposed only upon receiving permission of the state,
whose airspace is to be used for the flight to an airport where the
can be rectified. ".
104th In § 91a, paragraphs 8 and 9 are deleted.
Former paragraphs 10-12 is renumbered 8 to 10
105th In § 91a after paragraph 9 the following paragraph 10 is added:
"(10) At the request of the person being in the performance of inspections on aircraft
apron is in English; It does not apply
if they disagree with the other controlled entity, in which the control
conducted, or where this would endanger the purpose of inspection or if there were any
Such a procedure for the Office disproportionate cost.
The manner of execution of a request under the first sentence shall be recorded in the protocol; if it is at
exercise control in English, captures the protocol language
Czech and English. If it is to exercise control in English
prepares the decisions issued in proceedings on the ground that follows the
review carried out in Czech and English. In case of conflict between
Czech and English text of the protocol or the decision is crucial
Czech version. ".
Existing paragraph 10 shall be renumbered 11th
106th Under § 91a is inserted § 91b and 91c, which including footnotes
fn. 24 added:
"§ 91b
(1) In carrying out state supervision over the provision of air navigation services by
directly applicable European Union
governing creation of the Single European Sky and its functioning ^ 17)
or international agreement, which is part of the legal Regulations
cooperate with the competent authorities of the other Member States of the European Union or
another state which is a party to such international agreements (hereinafter
only "another member or non-member State"). For this purpose, the Authority may conclude with
competent authority of another Member State or third country
written agreement on cooperation, which must contain
A) the indication of the parties,
B) the definition of a contract
C) the rights and obligations of parties and
D) the manner and terms of withdrawal.
(2) If an international agreement, which is part of the legal
Regulations Office also performs state supervision over fulfillment of obligations when
provision of air navigation services in the territory of another Member State or third
. In this case, check whether providers of air navigation services
which issued the certificate or which determined by
directly applicable EU regulations governing
provision of air navigation services in the Single European Sky ^ 18) and which provides
air navigation services in the territory of another Member or
third country fulfills the obligations arising for it from the legislation
a decision of the competent authority of another Member State or third country.
(3) In exercising state supervision over the fulfillment of obligations in providing
air navigation services in the territory of another Member State or third
Office takes into account only those laws and decisions
competent authority of another Member State or third country to him this
body has announced.
(4) All results of state supervision over the performance of duties while
provision of air navigation services in the territory of another Member State or third
Office without delay notify the competent authority
another Member State or third country.
(5) back if in connection with the exercise of state supervision over the implementation
obligations in the provision of air navigation services in the territory of another
Member State or third country competent authority of another Member State or third country
Authority to carry out tasks that alone could carry only
difficulties or costs are incurred ineffective or that could not be done at all
, Office immediately requested acts performed or
competent authority of another Member State or third country shall communicate the reasons || | of which can not accommodate the request. If you can achieve the purpose of the request
performing other than the requested tasks, Office of such acts promptly
carried out and their results communicated to the competent authority of another Member State or third country
.
§ 91c
(1) In conducting an inspection by the European Commission in the field of civil
aviation Authority cooperates with the European Commission
extent provided directly applicable EU regulation
governing procedures for conducting such inspections ^ 24) and for this purpose
it provides all necessary cooperation. The Office also entrust
least one of its employee participation in inspections carried out by the European
Commission, giving his name and contact information.
(2) During the inspection, inspectors from the European Commission entitled to have for yourself
items necessary for the proper conduct of the inspection, including things
introduction into area airports and on board aircraft is prohibited.
24) Commission Regulation (EU) no. 72/2010. ".
107th Under § 91c, the following designations and titles of the new Title III and Part 1
are added:
'TITLE III
ADMINISTRATIVE OFFENCES Part 1
Offences ".
108th The heading of § 92 is repealed.
109s. § 92 including footnotes Nos. 25 and 26 reads:
"§ 92
(1) A person who commits an offense that
A) contrary to § 12a Par. 4 does not pass on the request of the Office of the required data,
B) contrary to § 16 para. 1 used in civil aviation products
parts or appliances or ground facilities
without a valid certificate
C) contrary to § 18 par. 3 performs activities of aviation personnel
without a valid license,
D) contrary to § 19 para. 4 carries on business aviation personnel
though it knows about illness or changes in health status such that
limit or preclude the exercise thereof
E) contrary to § 40 shall establish the facilities or carry out activities in the protective zone
aviation structures without the approval of the Authority
F) placed in the building or facility outside the protected zone contrary to § 41 paragraph
. 1
G) contrary to § 54 fails to command commander
H) contrary to § 78 operates air performance without the consent
I) contrary to § 81 paragraph. 1 enjoys sport flying equipment in order
profit,
J) contrary to § 84c paragraph. 1 controls the sport flying equipment without
valid pilot's license,
A) comply with an order issued by the Ministry of Transport in accordance with § 88 para. 5
or disobeys the ban issued by the Office pursuant to § 89 par. 2 point. o) point 7
to maintain the security of civil aviation
L) comply with an order by airport operators, air
persons providing services, air navigation service providers,
air carrier or aerial work operator or airline for the Company's issued
need to fulfill their tasks
M) commercial air transport services without a license or permit
undertakes aerial work or aviation activities for their own use without permission
or operates the airport without permission, or
N) endangers flight safety by damaging the air
building or other facility that is part of this building, or disrupt the operation
ground facilities.
(2) A natural person commits an offense that
A) as the operator of an aircraft registered in the register, the owner
aircraft pledgee or the person to whom the entry in the aircraft register
concerned, contrary to § 6 shall not report or fails to submit the Office of any changes
data entered into the Aircraft register
B) as the operator of the aircraft operator
sport flying equipment or coded equipment operator enjoys
aircraft address in conflict with § 17c paragraph. 1
C) as a consultant in conflict with § 55a Par. 3 does not preserve confidentiality
D) as the operator of the aircraft or sport flying equipment
not maintain the airworthiness or not conforming aircraft or sport flying equipment
regular checks airworthiness
E) as the aircraft operator operates the aircraft without insurance
liability for damage caused by its operations,
F) as the operator of sport flying equipment operates
sport flying equipment without liability insurance for damages caused by its operations
or
G) as the aircraft operator breaches the obligation stipulated
decision on the introduction of operating restrictions to reduce noise at the airport.
(3) A natural person commits an offense that
A) contrary to the directly applicable EU regulation governing
rules for the allocation of slots ^ 25) deliberately and repeatedly used
coordinated airport at the time, which differs greatly from
coordinator assigned slots,
used or allocated a slot by way significantly different from that provided
coordinator, and thereby disrupt the operation of air transport and airport
operation
B) carry out flights in the airspace of the Czech Republic in contradiction with
conditions laid down in this Act or directly applicable regulations of the European Union
governing the execution of flights in airspace ^ 26)
C) endangers flight safety violation aviation regulation or
directly applicable EU regulations governing the execution of flights in airspace
^ 26)
D) the operation of an aircraft or sport flying equipment
causes of air traffic accidents breach of obligations under this Act or
directly applicable EU regulation governing the implementation
flights in the airspace ^ 26) or || |
E) contrary to the directly applicable EU regulation governing
investigation of accidents and incidents in civil aviation ^ 19)
First make available or used the records obtained in the investigation
aviation accident or serious incident for purposes other than for the investigation or
improvement of aviation safety,
Second as a person involved in an accident or serious incident promptly notifies
Constitution that the accident or serious incident
Third realize within a specified period Institute of the measures adopted by
on the basis of its safety recommendations, or
Fourth establishes the relevant procedures of the action taken in response to
Institute issued safety recommendations.
(4) An offense may be fined
A) 100 000 CZK, in the case of an offense under subsection 1. a)
paragraph 2. a)
B) 300 000 CZK, in the case of an offense under subsection 1. g), j) or
l), paragraph 2. c) or to paragraph 3. e) in claim 1, 2 or 3,
C) 500 000 CZK, where an offense under subsection 1. c) to e)
i) or n), paragraph 2. b), f) or g), or to paragraph 3. a)
D) from CZK 50 000 to CZK 1 000 000, in the case of an offense under paragraph 1
point. b), f) or h) of paragraph 2. d) or e), or paragraph 3
point. b), c) or e) point 4 or
E) from CZK 100 000 to CZK 5,000,000 in the case of an offense under paragraph 1
point. k) or m) or para 3. d).
(5) An offense can impose a ban on the activities
A) within 6 months, in the case of an offense under subsection 1. d), paragraph 2
point. e) and f)
B) up to 1 year in the case of an offense under subsection 1. b), c), i) or
j), and paragraph 3 letter. c) or
C) up to 2 years in the case of an offense under subsection 1. k) or
para 3. d).
25) Council Regulation (EEC) No. 95/93, as amended.
26) For example, the European Parliament and Council Regulation (EC) no. 216/2008, as amended in
.
Commission Implementing Regulation (EU) no. 923/2012 of 26 September 2012
establishing common rules for flying and operational regulations regarding
services and procedures in air navigation and amending Implementing
Regulation (EC) no. 1035/2011 and Regulation (EC) no. 1265/2007, (EC) No.
1794/2006 (EC) no. 1033/2006 and (EU) no. 255 / 2010. ".
110th Under § 92, the following new § 92a and 92b, which
including headings and footnotes. 27 to 29 are added:
"§ 92a
Offenses in the area of ensuring security of civil aviation against acts of unlawful interference
(1) A person who commits an offense that
A) contrary to § 85b can not commence when entering places for
ensure the security of civil aviation security, as well as
staying in them, with due caution
B) is inconsistent with § 85c paragraph. 2 does not follow the command to natural or legal persons
protect civil aviation against acts of unlawful interference
C) contrary to § 85j paragraph. 4 surrenders found proof of the reliability
or fails to submit proof of the reliability, the validity of which expired,
D) violates the conditions for the safe handling things after introduction into a security restricted area
airport or on board an aircraft
determined in accordance with the introduction Affairs issued under § 85p paragraph. 3,
E) contrary to § 85y paragraph. 1 performs activities within
protect civil aviation against acts of unlawful interference without a valid certificate of completion
training
F) contrary to § 86d paragraph. 4 does not preserve the confidentiality of the facts contained in
decision was determined by fundamental measures, or
G) contrary to the directly applicable EU regulation governing
implementation of screening and security checks ^ 27)
First unaccompanied to a non-public area or in a dedicated
security area of the airport without a valid authorization to enter or
permission to enter,
Second immediately notifies the operator of the airport lost or stolen
airport identification cards or entry permits,
Third immediately return to the airport operator
airport identification card or entry permit, or
Fourth improperly used airport identification card or permit to
entrance.
(2) A natural person commits an offense that, as
A) the person conducting the screening or security checks performs this
check in conflict with § 85d or in conflict with applicable regulations of the European Union
governing the implementation of screening and security checks
^ 27)
B) passengers in conflict with applicable regulations of the European Union
governing the implementation of screening and security checks ^ 27)
First bring on board an aircraft thing whose introduction on board an aircraft is
banned
Second introduced into a security restricted area airports thing
whose introduction is prohibited in this area, or
Third passes to transport baggage containing a case whose introduction in
checked baggage into a security restricted area of the airport is
banned
C) the person who handles things for whose introduction on board an aircraft
Authority has given its consent, failing to ensure that the matter was placed in a container fitted
locking means under § 85p paragraph. 5
D) persons providing implementation of screening is inconsistent with § 86a
paragraph. 1 allows the use of dogs intended for detecting explosives without being
person performing the tasks handler issued a permit for such activities
E) contrary to § 86c paragraph. 2 gives notice that it intends to operate
consignor known supplier of in-flight supplies or
known supplier of airport supplies or contrary to § 86c paragraph. 3 informs
the Office of the change in the facts set out in the notice, or
F) dog handler designed to detect explosives performs this activity
without permission or do so in conflict with applicable regulations of the European Union
governing the implementation of screening and security checks
^ 27).
(3) An offense may be fined
A) 100 000 CZK, in the case of an offense under subsection 1. c) or g)
claim 2 or 3,
B) 500 000 CZK, where an offense under subsection 1. a), b), d)
e) or g) of paragraph 1 or paragraph 2, or
C) from CZK 50,000 to CZK 1 000 000, in the case of an offense under paragraph 1
point. f), or g) Section 4.
(4) An offense can impose a ban on the activities of up to 1 year in the case of
offense pursuant to paragraph 2. F).
§ 92b
Offenses in the area of airspace use
(1) A person who commits an offense that
A) contrary to the directly applicable EU regulation governing
licensing and operating conditions for the control of air traffic
^ 28) performs activities
First air traffic controller, air traffic controller learner or instructor
though they knew about the disease or of such changes in health status
which limit or exclude the exercise thereof, or notifies
ANSPs his health problems,
Second air traffic controller, air traffic controller pupil or
instructor without a valid license, or
Third investigator or evaluator proficiency
professional competence for local and continuous training without the approval of the Authority or
without a valid license,
B) contrary to the directly applicable EU regulation governing
air traffic flow ^ 29) makes the suspension
valid flight plan updating or cancellation or
C) provide air services without authorization or consent.
(2) An offense may be fined
A) 100 000 CZK, in the case of an offense under subsection 1. b)
B) 500 000 CZK, where an offense under subsection 1. a) 1
or 2
C) from CZK 50,000 to CZK 1 000 000, in the case of an offense under paragraph 1
point. a) point 3, or
D) from CZK 100 000 to CZK 5,000,000 in the case of an offense under paragraph 1
point. C).
(3) An offense can impose a ban on the activities
A) within 6 months, in the case of an offense under subsection 1. a) Section 1
B) up to 1 year in the case of an offense under subsection 1. a) Section 2 or
C) up to 2 years in the case of an offense under subsection 1. a) Section 3
27) Commission Regulation (EU) no. 185/2010 of 4 March 2010 laying down
implementing the common basic standards on aviation security
, as amended.
28) European Parliament and Council Regulation (EC) no. 216/2008, as amended
.
Commission Regulation (EU) no. 805/2011.
29) Commission Regulation (EU) no. 255/2010 of 25 March 2010 laying
establishing common rules on air traffic flow management. ".
111th Under § 92b are inserted designation and title of a new part 2 are added:
"Part 2
Administrative offenses of legal entities and individuals. "
112th § 93 including footnotes Nos. 30-32 reads:
"§ 93
(1) A legal or natural person commits an administrative offense
that
A) contrary to § 12a Par. 4 does not pass on the request of the Office of the required data,
B) contrary to § 16 para. 1 used in civil aviation products
parts or appliances or ground facilities
without a valid certificate
C) contrary to § 40 shall establish the facilities or carry out activities in the protective zone
aviation structures without the approval of the Authority
D) places a building or facility outside the protected zone contrary to § 41 paragraph
. 1
E) contrary to § 78 operates air performance without the consent
F) fails to comply with an order issued by the Ministry of Transport in accordance with § 88 para. 5
or disobeys the ban issued by the Office pursuant to § 89 par. 2 point. o) point 7
to maintain the security of civil aviation
G) comply with an order by airport operators, air
persons providing services, air carriers, air navigation service providers
or aerial work operator or airline for the Company's issued
need to fulfill their tasks
H) uses for its air operations aviation personnel without a valid license
,
I) carry out the development, design, manufacture, testing, installation, maintenance,
repairs, modifications or design changes to the products, parts or appliances or
aircraft ground equipment by
directly applicable regulations of the European Union on common rules in the field of civil aviation
^ 30) without authorization,
J) markets products without a valid certificate, or
K) operates the airport without a valid permit for commercial air transportation
without a license or without a license or operate aerial work or
aviation activities for their own use without permission.
(2) A legal or natural person commits an administrative offense
that as
A) the operator of an aircraft registered in the register, the owner
aircraft pledgee or the person to whom the entry in the aircraft register
concerned, contrary to § 6 of the Office fails to report or fails to submit any changes to the data recorded
registered,
B) the operator of the aircraft operator
sport flying equipment and operators of coded equipment used aircraft address in conflict with
§ 17c paragraph. 1
C) Coordinator coordinated airports exercised contrary to § 32 para. 4
its activity without insurance against liability for damage caused
her performance
D) the aerodrome operator
First referred to in § 42d paragraph. 1 has been dealt with by air carriers to the airport
pricing pursuant to § 42g or
Second eligible for adoption under instrument flight contrary to § 51a paragraph. 7
not transmit data about the terrain and obstacles or transmit these data to conflict with
directly applicable EU regulation governing the properties
aeronautical data and aeronautical information ^ 31 )
E) the aerodrome operator, domestic air carrier or provider
air traffic services contrary to § 98a paragraph. 1 does not pass set
data
F), a provider of ground handling services does not pass contrary to § 98a paragraph. 2
airport operator data on the number of passengers handled by him,
G) the operator of the aircraft or sport flying equipment maintained by
airworthiness or not conforming aircraft or sport flying equipment
regular checks airworthiness
H) the aircraft operator or the airline operating the aircraft without
liability insurance for damages caused by its operation,
I) the operator of sport flying equipment operates
sport flying equipment without liability insurance for damages caused by its
operation,
J) aircraft operator breaches the obligation stipulated
decision on the introduction of operating restrictions to reduce noise at the airport, or
A) the air carrier or aerial work breaks approved
flight safety standard.
(3) A legal or natural person commits an administrative offense
that
A) contrary to the directly applicable EU regulation governing
rules for the allocation of slots ^ 25) deliberately and repeatedly used
coordinated airport at the time, which differs greatly from
coordinator assigned slots,
used or allocated a slot by way significantly different from that provided
coordinator, and thereby disrupt the operation of air transport and airport
operation
B) contrary to the directly applicable EU regulation governing
continuing airworthiness of aircraft and aeronautical products, parts and appliances
^ 32)
First carries out activities related to continuing airworthiness management
unlicensed
Second shall issue or extend an airworthiness review certificate
aircraft or
Third certify the aircraft or component to service
C) carry out flights in the airspace of the Czech Republic in contradiction with
conditions laid down in this Act or directly applicable regulations of the European Union
governing the execution of flights in airspace ^ 26)
D) endangers flight safety violation aviation regulation or
directly applicable EU regulations governing the execution of flights in airspace
^ 26)
E) when operating an aircraft or sport flying equipment
causes of air traffic accidents breach of obligations under this Act or
directly applicable EU regulation governing the implementation
flights in the airspace ^ 26) or || |
F) contrary to the directly applicable EU regulation governing
investigation of accidents and incidents in civil aviation ^ 19)
First make available or used the records obtained in the investigation
aviation accident or serious incident for purposes other than for the investigation or
improvement of aviation safety,
Second as an interested party promptly notifies the Department that the accident occurred
or serious incident
Third realize within the prescribed period the Institute on the measures adopted on the basis of its
safety recommendations
Fourth establishes the relevant procedures of the action taken in response to
Institute issued a safety recommendation, the fifth such
domestic air carrier establishes the procedures whereby within a specified period of notice
accident to draw up a list of individuals and the list of dangerous goods
on board the aircraft or these lists be made available to authorized
entities or
6th as a domestic air carrier shall communicate to third parties or used improperly
contact details for the event of an accident or wrongly
publish in connection with the accident passengers' names.
(4) A legal or natural person also commits an administrative offense
that
A) as an air carrier in conflict with § 69 para. 1 does not pass set
data
B) as a domestic airline in conflict with § 68 para. 2
has failed to develop a plan to help the victims of air accidents and their relatives or in accordance with
it will not proceed
C) as an air carrier of the European Union-20) commercial air transport without
granted traffic rights,
D) as air carriers in the EU-20), who was granted
transportation law, notify the Ministry of Transport reality set in
§ 70c paragraph. 6 or fails to comply with conditions laid down for transport
law decision according to § 70c paragraph. 4
E) as an air carrier in another Member State
First contrary to § 70f paragraph. 1 notifies the launch of scheduled commercial air transport
or fails to meet the conditions laid down for the notification or
Second contrary to § 70f paragraph. 5 notifies the launch of the irregular trading
aviation or fails to meet the conditions laid down for the notification or
F) as an air carrier from a third country
First operates regular commercial air traffic without permission or
fulfill his obligation established in § 71 para. 6
Second notifies the commencement of direct or mediated sales service
scheduled commercial air transport or comply with the obligation in
§ 71b Sec. 3, or
Third It operates charter commercial air transport without permission or
fulfill his obligation established in § 71c paragraph. 7th
(5) An administrative offense shall be imposed
A) 100 000 CZK, for an administrative offense under paragraph 1. a)
paragraph 2. a) or f) or to paragraph 4. e) of point 1 or 2 or
point. f) Section 2
B) 300 000 CZK, for an administrative offense under paragraph 1. g)
paragraph 2. e) para 3. f) of paragraph 2 or 3 or 4 of
point. d)
C) 500 000 CZK, for an administrative tort pursuant to paragraph 1. c)
paragraph 2. b) d) of point 2 or point. j) to paragraph 3. a), b)
point 2 f) point 1, 5, or 6, or to paragraph 4. a), b) or c)
D) 50 000 CZK 1 000 000 CZK, for an administrative offense under paragraph 1
point. b), d), e) or h) of paragraph 2. c) d) point 1 g) or i)
para 3. b) paragraph 3, c), d) or f) of section 4, paragraph 4 or
point. f) to claim 1 or 3,
E) of CZK 75,000 to CZK 3,000,000 in the case of an administrative offense under paragraph 2
point. k) or
F) of CZK 100 000 5 000 000 CZK, for an administrative tort pursuant to paragraph 1
. f), i), j) or k), paragraph 2. h), or paragraph 3
point. b) 1 point or point. E).
(6) The administrative offense imposes a ban on the activities
A) within 6 months, in the case of an administrative offense pursuant to paragraph 2. i)
B) up to 1 year in the case of an administrative offense under paragraph 1. b)
paragraph 2. h), or to paragraph 3. d) or
C) up to 2 years in the case of an administrative offense under paragraph 1. f), j) or
k), or to paragraph 3. E).
30) European Parliament and Council Regulation (EC) no. 216/2008, as amended
.
31) Commission Regulation (EU) no. 73/2010 of 26 January 2010 laying down requirements
on the quality of aeronautical data and aeronautical information for the Single European Sky
.
32) Commission Regulation (EC) no. 2042/2003 of 20 November 2003
continuing airworthiness of aircraft and aeronautical products, parts
and on the approval of organizations and personnel involved in
these tasks, as amended. ".
113th Under § 93, the following new § 93a to 93c, which
including headings and footnotes Nos. 33 and 34, added:
"§ 93a
Administrative offenses of legal entities and individuals in the area
ensure the security of civil aviation security
(1) A legal or natural person commits an administrative offense
that
A) contrary to § 85x paragraph. 1 carries out training by
directly applicable EU regulations governing the protection
civil aviation ^ 23) without permission
B) contrary to § 85Z paragraph. 1 performs professional training dogs and handlers
designed to detect explosives without permission or it performs
contrary to the directly applicable EU regulation governing the implementation
detection and security control ^ 27)
C) contrary to § 86c paragraph. 2 gives notice that it intends to operate
consignor known supplier of in-flight supplies or
known supplier of airport supplies within a specified period or in conflict with § 86c paragraph
. 3 Office informs about the change in the facts set out in the notice, or
D) contrary to § 86d paragraph. 4 exposes the fact contained in
decision establishing a baseline measure.
(2) A legal or natural person commits an administrative offense
that as
A) the airport operator
First contrary to § 85 meters paragraph. 1 operates the airport without an approved
airport security program,
Second contrary to § 85 meters paragraph. 3 Office notifies the other changes to the security
program
Third contrary to the directly applicable EU regulation governing
protect civil aviation against acts of unlawful interference ^ 23) fails
performance measures and procedures referred to in the airport security program, or
Fourth fulfill any of its obligations under § 85n paragraph. 1 or 2 or
fulfill such an obligation in conflict with applicable regulations of the European Union
governing the implementation of screening and security checks ^ 27)
B) the airport operator or air carrier
First contrary to § 85p paragraph. 1 fails
implementation of screening of passengers, cabin and hold baggage,
Second contrary to § 85q fails to follow protect passengers
cabin baggage and baggage
Third contrary to § 86f does not take extraordinary measures to change
extraordinary measures not notified its acceptance, amendment or repeal of the emergency measures, or
fulfill the obligation arising from the extraordinary measures mandated
Office or
Fourth contrary to the directly applicable EU regulation governing
implementation of screening and security checks ^ 27) issue of airport
Identification card or permission to drive, or
airport identification card or entry permit is not withdrawn,
C) the person conducting the screening or security checks performs this
check in conflict with § 85d or by the conflict with
directly applicable EU regulation governing the implementation of screening and security checks
^ 27)
D) the airline
First contrary to § 85o does not ensure that information security search
aircraft were kept on board the aircraft, or
Second contrary to § 85p paragraph. 5 does not provide safe guidance and storing
things for whose introduction has been granted approval, in the airport or on board an aircraft
,
E), a provider of air traffic services in contravention of § 85r
not draw or fails to comply with the security program, at the request
Office will not disclose,
F) the regulated agent shall designate a natural or legal person performing
security checks in connection with cargo and postal items
outside their premises in contravention of § 85s. 1
G) a person authorized regulated agent carrying out security checks
in connection with cargo and postal items
First This safety check carried out in contravention of § 85s. 2
without the consent of the Authority or it performs in conflict with applicable regulations of the European Union
governing the implementation of screening and security checks
^ 27) or
Second contrary to § 85s. 4 immediately notifies
change in circumstances affecting the consent
H) the employer natural person who is to perform work
set directly applicable EU regulation governing the protection
civil aviation ^ 23)
First contrary to § 85v impose jobseekers
admission procedure or the admissions made in contravention of directly applicable
EU regulation governing the implementation of screening and security checks
^ 27) or
Second contrary to § 85 watts does not ensure that these work activities comply
individuals who successfully completed the training
I) the person to ensure the implementation of screening
First contrary to § 86a allows the use of dogs intended for detecting explosives,
neither was the person performing the tasks handler permit to exercise that
activity or
Second contrary to § 86b paragraph. 1 shall ensure the implementation of screening
manner different from that provided directly applicable legislation of the European Union
governing the protection of civil aviation ^ 23)
without a permit or in violation of terms set out therein,
J) the recipient basic measures
First does not respect the basic measures determined in accordance with § 86d paragraph. 1
Second contrary to § 86d paragraph. 3 informs about facts important for
assessment of the content and scope of the exercise of its activity, or
Third contrary to § 86d paragraph. 5 performs an activity with which it is directly related
laid down basic measures before enforceability of their
determine
A) a person who is obliged to use the standards of aviation security
by the directly applicable European Union
governing the protection of civil aviation ^ 23)
not draw or updated security program fails
performance measures and procedures set out therein, or security program fails to challenge
Office
L) the regulated agent, known consignor approved supplier cabin
supplies, trainer or carrier of cargo or mail
subjected to security checks performs this activity inconsistent with
directly applicable regulation governing the implementation of the European Union || | screening and security checks ^ 27) without the approval of the Authority
M) consignor, known supplier of in-flight supplies,
known supplier of airport supplies in conflict with applicable regulations of the European Union
governing the implementation of screening and security checks ^ 27)
First He performs these operations, although not to do this activity
appointed, or
Second supplies the board and airport stores or manipulates
shipments, or
N) approved agent, airline or the airport operator in
contrary to directly applicable EU regulation governing
implementation of screening and security checks ^ 27) taketh appointment
account consignor, known supplier of in-flight supplies or acquaintances
Supplier of airport supplies.
(3) An administrative offense shall be imposed
A) 500 000 CZK, for an administrative tort pursuant to paragraph 1. c)
or paragraph 2. c) d) point 1 point. j) point 2 or point. n)
B) from CZK 50,000 to CZK 1,000,000 in the case of an administrative offense under paragraph 1
point. d) or paragraph 2. a) Section 2 point. b) point 4, point. d)
paragraph 2, point. g) Section 2 point. i) point. j) of section 1 or 3 point. k)
or point. m) Section 2
C) from CZK 75,000 to CZK 3,000,000 in the case of an administrative offense under paragraph 1
point. a) or b) or paragraph 2. a) section 3, point. e), f) point.
G) Section 1 point. h), l) or point. m) section 1 or
D) of CZK 100 000 5 000 000 CZK, for an administrative tort pursuant to paragraph 2
. a) 1 or 4 or point. b) points 1 to 3
(4) The administrative offense imposes a ban on the activities of up to 2 years in case of
administrative offense pursuant to paragraph 2. a) point 4 or point. b) point 1 or 2.
§ 93b
Administrative offenses of legal entities and individuals in the field of the use of airspace
(1) A legal or natural person commits an administrative offense by
that, contrary to the directly applicable EU regulation governing
air traffic flow ^ 29) fails if
suspension of the flight plan updating or cancellation.
(2) A legal or natural person commits an administrative offense by
that, contrary to the directly applicable EU regulation governing
licensing and operating conditions for the air traffic controller
^ 28) | ||
A) as the air navigation service provider fails to work
air traffic controller, air traffic controller pupil or
instructor performed by a person with a valid license,
B) as an organization providing training air traffic controllers, air traffic controllers
pupils or training instructors
First conducting training of air traffic controllers, air traffic controllers
students or instructor training without a certificate or contrary to the conditions set out therein
,
Second entrust the running of tests in the training of air traffic controllers, air traffic controllers
students and instructors natural person who
not for this activity approved by the Authority or who does not hold a valid license
or
Third nepředložíÚřadu to approve the changes in the curriculum of training courses, plans
input and local training or local systems
professional competence.
(3) A legal or natural person commits an administrative offense
that
A) contrary to § 46 para. 1 and § 49 para. 1
provide air services without authorization or consent, or
B) contrary to § 49a paragraph. 1 provides
First air navigation services without certificate issued by
directly applicable EU regulations governing the provision of air navigation services in
Single European Sky ^ 18), or
Second air traffic services and meteorological services without specifying
Office or in conflict with § 49 para. 4th
(4) An administrative offense shall be imposed
A) 100 000 CZK, for an administrative offense under paragraph 1
B) 500 000 CZK, for an administrative offense pursuant to paragraph 2. b)
point 3,
C) from CZK 50,000 to CZK 1,000,000 in the case of an administrative offense under paragraph 2
point. a) or point. b) Section 2 or
D) of CZK 100 000 5 000 000 CZK, for an administrative tort pursuant to paragraph 2
. b) paragraph 1 or pursuant to paragraph 3. a) or point. b)
point 1 or 2.
(5) The administrative offense imposes a ban on the activities of up to 2 years in case of
administrative offense pursuant to paragraph 2. b) paragraph 1 or pursuant to paragraph 3
point. a) or point. b) point 1 or 2.
§ 93c
Administrative offenses of legal entities and individuals in the area
protection of passenger rights in the context of commercial air transport operations
(1) A legal or natural person commits an administrative offense by
that, contrary to the directly applicable EU regulation
governing the rights of disabled persons and persons with reduced
mobility in aviation ^ 33)
A) as the air carrier, tour operator or travel agency
First open to public inspection in the form and languages available to passengers
safety rules apply to the carriage of disabled
Persons and persons with reduced mobility, including
rules limiting the transport of persons or transport their equipment
mobility due to the size of the aircraft,
Second devoting reasonable efforts to persons with disabilities
or person with reduced mobility, which rightly refuses
reservation, he suggested acceptable alternative transport
Third does not take on all their points of sale, including the sale of
using means of distance communication, all necessary measures to
receipt of notification of the need for assistance by persons with disabilities
persons with reduced mobility, or fails that
received the notification was transmitted properly and on time,
Fourth informs within the time or in the manner
person with a disability or a person with limited mobility and orientation
justifiably refused booking or by refusing to accept
aboard the reasons that led him to do, | ||
Fifth unreasonably refuses disabled person or a person with
limited mobility make a reservation for a flight
or declines to take that person on board, though this person has
valid ticket and reservation, or
6th does not offer the person who has been denied boarding because the plane
his disability or reduced mobility and orientation
, or the person who accompanies the person, reimbursement or rerouting
,
B) as an airport operator
First unless quality standards for assistance to persons with disabilities and
persons with reduced mobility, writting
resources needed to meet them or publish their quality standards,
Second writting points of arrival and departure within the airport, which may
disabled persons or persons with reduced mobility
ease, announce their arrival, fails at these locations
basic information about the airport and the place clearly identifies, or
Third ensures that the disabled person or a person with
limited mobility provided free of charge assistance in
that the person is able to take the flight on which he has
reservation
C) as an air carrier or airport operator
First failing to ensure that all persons who use to
provide direct assistance to disabled persons and persons with
limited mobility, have knowledge of how
meet the special needs of these people, or
Second ensures that all its employees have been trained
disability or
Third does not provide training on equality of disabled people and disability
to all airport personnel who
coming into direct contact with the traveling public or
D) as an air carrier fails to provide a person with disabilities
or person with reduced mobility departing from, or arriving
transit at the airport free of charge assistance.
(2) A legal or natural person commits an administrative offense by
that, contrary to the directly applicable EU regulation governing
informing air transport ^ 34) as the contracting air carrier
A) when making a reservation informs the passenger of the identity
operating air carrier or carriers or their amendment, after
reservation,
B) does not provide the passenger, who decided not to fly with the air carrier
subject to an operating ban, reimbursement or rerouting
expenses or
C) does not define the obligation to inform passengers about the identity of the operating
air carrier or carriers in general terms of sale
relating to the contract of carriage.
(3) A legal or natural person commits an administrative offense by
that, contrary to the directly applicable EU regulation
governing compensation and assistance to passengers in case of denied boarding
boarding and of cancellation or flight delays ^ 1g) as an air carrier
A) fails to comply with the information obligation, fails to redirect the flight or
not reimburse the costs associated with it, does not provide care or to meet
damage caused in connection with the denial of boarding, cancellations and delays
flight or | ||
B) as the air carrier is required to pay the difference in the ticket price or
Not return it ended when a passenger in a higher or lower grade than
for which the ticket was purchased, in connection with the denial of boarding
boarding, flight cancellation or delay.
(4) An administrative offense shall be imposed
A) 300 000 CZK, for an administrative offense under paragraph 1. a)
1 point 4 or point. c) Section 2 or 3, or pursuant to paragraph 2.
A) or c)
B) 500 000 CZK, for an administrative tort pursuant to paragraph 1. a)
point 2 or 3 point. b) paragraph 1, 2 or point. c) 1 or pursuant to paragraph 3
. b) or
C) from CZK 50,000 to CZK 1,000,000 in the case of an administrative offense under paragraph 1
point. a) section 5 or 6 point. b) or section 3 point. d), paragraph 2
point. b) or to paragraph 3. and).
33) European Parliament and Council Regulation (EC) no. 1107/2006.
34) European Parliament and Council Regulation (EC) no. 2111/2005, as amended
. ".
114 respectively. Under § 93c, the following description and title of a new part 3 are added:
"Part 3
Joint provisions on administrative offenses ".
115th § 94 reads:
"§ 94
(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.
(2) In assessing the fine legal person takes into account the seriousness
administrative offense, especially the manner of its commission, its consequences and
circumstances under which it was committed.
(3) Liability for an administrative offense shall expire and the offense
individuals can not be discussed if the administrative authority fails to commence proceedings within 2 years from
when he learned of the act, but not later than 5 years from the date || | day when it was committed.
(4) The prohibition of activities can be a legal entity only be imposed if the administrative
offense was committed in this activity or in connection with it.
The ban includes the period during which the legal person has not allowed on the basis of the measures
administrative body under the
discussed administrative offense to perform this activity.
(5) The liability for conduct that occurred in the business of a natural person
^ 8) or in direct connection therewith, shall be subject to the provisions of the Act
on liability and sanctions to legal persons.
(6) Administrative offenses under this Act shall be heard in the first instance:
A) The Ministry of Transport or the Authority according to its competence specified in §
88 and 89, in the case of
First offenses, except offenses under § 92 paragraph. 2 point. c) or §
92 paragraph. 3 point. e) or
Second administrative offenses, with the exception of administrative offenses pursuant to § 93 paragraph. 3
point. f) § 93 paragraph. 4 point. a) administrative offenses under § 93c paragraph. 1
point. a) or § 93c paragraph. 2, if the perpetrator of an administrative offense
tour operator or travel agency
B) a unit of the Police of the Czech Republic, which is under a special legal regulation
^ 5j) responsible for carrying out border checks, in the case of administrative offenses
according to § 93 paragraph. 4 point. a)
C) the local trade office, in the case of administrative offenses pursuant to § 93c paragraph.
1 point. a) or § 93c paragraph. 2, if the perpetrator of an administrative offense
tour operator or travel agency or
D) Institute, in the case of offenses under § 92 paragraph. 2 point. c) or § 92 paragraph
. 3 point. e), or administrative offenses according to § 93 paragraph. 3 point. F).
(7) An appeal against the decision of the Police of the Czech Republic pursuant to paragraph 6
point. b) The decision of the Ministry of Interior.
(8) A fine imposed under this Act collected by the authority that imposed it.
Revenue from fines is the income of the state budget, with the exception of fines imposed under paragraph 6
point. c) Municipal Trades Licensing Office, which
income of the budget of the respective municipality with extended powers. ".
116th § 94a including the heading deleted.
117th § 95 is repealed.
118th In § 98 paragraph 2 deleted.
Existing paragraph 3 shall be renumbered 2.
119th Under § 98 the following § 98a is added:
"§ 98a
(1) For the purpose of the survey forwarded to the Ministry of Transport
A) the airport operator
First data on the number of aircraft movements, passenger numbers, quantity
throughput of cargo and mail at the airport for the calendar year,
by the end of April of the following calendar year
Second data on the number of aircraft movements, number of passengers, the number of
Handled cargo and mail at the airport and the initial and final spot
realized commercial flights in the past quarter, in the case of
International Airport, which handles at least 90% of the total
of passengers or cargo in Czech Republic, or at least
airports with between 1 million passengers and 100,000 tons of cargo annually
, always later than the end of February, May, August and November
in the calendar year,
Third data on revenues, expenses and investments
airport operator and the number and structure of its employees, in the case of an international airport, which handles
least 90% of the total of passengers or cargo
in the Czech Republic, or airport with between
least 1 million passengers or 100,000 tons of cargo annually, no later than the end
April of the following calendar year,
B) domestic airline
First data on the number of passengers it carried, cargo and mail, and
utilized capacity operated by aircraft per calendar year, always
by the end of April of the following calendar year
Second data on the number and type of aircraft it operated, and offered their
utilized capacity, the size and structure of aviation personnel and payroll
related costs, per calendar year, and in no case later
the end of March of the following calendar year
Third fuel consumption data for flights flown by aircraft type for
calendar year, at the latest by the end of February
calendar year
C) domestic air carriers operating at least one aircraft with
total number of passenger seats or more than 30
aircraft exclusively for cargo and mail MTOM
more than 10 tons
First data on the number of passengers it carried, cargo and mail, and
utilized capacity operated by aircraft per calendar month,
always later than the end of the second calendar month following the month
applicable to the transfer of such data,
Second data on initial and final visits undertaken for commercial flights
previous quarter, at the latest by the end of February, May, August and November,
in the calendar year,
Third balance sheet, income statement, statement of retained earnings and revenues by
categorization of transported passengers, cargo and mail, and
according to whether they operate on regular or irregular
commercial air transport, per calendar year, and no case later than the end of April
following calendar year,
D) domestic air carriers operating international scheduled commercial air transport
data on the number of flights it
type of aircraft operated, organizational and geographic delimitation operation
aircraft offered capacity operated by aircraft and the number || | of passengers, cargo and mail for the calendar year,
by the end of February of the following calendar year
E) air traffic service provider
First data on revenues, expenses and investments, and the number and structure
its employees for the calendar year, at the latest by
end of May of the following year
Second data provided by the air traffic services for the calendar year, and
case later than the end of March next year.
(2) The provider of ground handling services continuously transmits
airport operator data on the number of passengers handled by him.
(3) The data to be transmitted for the purpose of the survey
Transport Ministry data on the number of passengers passed
provider of groundhandling services, airport operators and their
structure in the implementing legislation. ".
120th In § 99, paragraph 1 shall be deleted and whilst repealing the designation in paragraph 2.
121st In § 99, the words "and links" are deleted.
122nd In § 99a paragraph. 3, the words "§ 22j paragraph. 2, § 55a paragraph. 8 and" are deleted.
123rd In § 102, paragraph 1 reads:
"(1) The Ministry of Transport shall issue a regulation to implement § 4 para. 2
point. d) § 4 para. 4, § 5 para. 2, § 5a. 2, § 7 para. 8, § 12 paragraph
. 2 point. b) § 12a Par. 7, § 16 para. 1 and 2, § 17 para. 1 and 3, §
17 paragraph. 1, § 17b paragraph. 6, § 17d paragraph. 4, § 22a paragraph. 1, § 25 par. 3,
§ 32 paragraph. 1 and 3, § 34a paragraph. 4, § 35 para. 1 and 3, § 42b par. 8, § 44
Paragraph. 7, § 45 para. 4, § 49c paragraph. 2, § 49f Par. 2, § 49g Par. 2, §
51a par. 11, § 55a Par. 6, § 55c paragraph. 5, § 55d paragraph . 5, § 58 para.
2, § 67, para. 4, § 74 par. 3, § 76 par. 3, § 81 par. 8, § 82 para.
6, § 84b paragraph. 3 , § 84c par. 8, § 85j paragraph. 6, § 85 meters paragraph. 4, § 85r
paragraph. 3, § 85x paragraph. 7, § 85y paragraph. 3, § 85Z paragraph. 6, § 90 par. 4, §
91a par. 11, § 98 paragraph. 2 and § 98a paragraph. 3 of this Act. " .
Art. II
Transitional provisions
First Airport certification issued pursuant to § 34a paragraph. 2 and 3 of Law No.
. 49/1997 Coll., As amended effective on the effective date of this Act, shall be deemed
decision approving the operational capacity of the airport
issued pursuant to § 34a paragraph. 2 and § 34d of Act no. 49/1997 Coll.
amended effective on the date of entry into force of this Act.
Second Responsible for providing air traffic services and meteorological services
issued under § 49a par. 2 Act no. 49/1997
Coll., As amended effective on the effective date of this Act shall be deemed
decision on appointment to
provision of air traffic services and meteorological services issued pursuant to § 49a paragraph. 1
Law no. 49/1997 Coll., As amended, effective from the date of entry into force of this Act
.
Third Air Accidents Investigation Institute was established pursuant to §
55a Par. 1 of Law no. 49/1997 Coll., As amended effective date
force of this Act, shall be deemed Investigation Institute
causes aviation accidents according to § 55 paragraph. 1 of Law no. 49/1997 Coll., as amended
effective from the date of entry into force of this Act.
Fourth Credentials gathering and analyzing information on incidents and accidents,
, where there is no death for people, determining their causes and
drawing conclusions and safety recommendations issued by
§ 55b Par. 1 of Law no. 49/1997 ., as the effective date
force of this Act, shall be deemed to commission surveys
causes of incidents and accidents involving not kill people
issued under § 55c paragraph. 1 of Law no. 49 / 1997 Coll., as amended, effective from the date of
entry into force of this Act.
Fifth Traffic rights granted under § 70a paragraph. 1 of Law no. 49/1997 Coll., As amended
effective date of this Act, shall remain in force
extent and under the conditions under which it was granted.
6th The use of traffic rights granted under § 70a paragraph. 1
Law no. 49/1997 Coll., As amended effective on the effective date of this Act
with § 70d of Act no. 49/1997 Coll., As amended, effective from the date of entry into force of this Act
apply.
7th Licenses to operate scheduled commercial air transport
foreign air carrier issued pursuant to § 71 para. 1 of Law no.
49/1997 Coll., As amended effective on the effective date of this Act shall be deemed
permits operation of scheduled commercial air transport
air carrier from a third country issued pursuant to § 71 para. 1 of Law no.
49/1997 Coll., as amended, effective from the date of entry into force of this Act.
8th Permission to operate non-scheduled commercial air transport
foreign air carrier issued pursuant to § 71 para. 1 of Law no.
49/1997 Coll., As amended effective on the effective date of this Act shall be deemed
permits irregular operation of commercial air transport
air carrier from a third country issued pursuant to § 71c paragraph. 1
Act no. 49/1997 Coll., as amended, effective from the date of entry into force of this Act
.
9th National programs issued pursuant to § 85 para. 3 of Law no. 49/1997 Coll., As amended
effective date of this Act, shall be deemed national programs
issued pursuant to § 85a paragraph. 1 of Law no. 49 / 1997 Coll., as amended
effective from the date of entry into force of this Act.
10th A natural person who enters into a dedicated unaccompanied
security area under directly applicable EU regulations governing the protection
civil aviation ^ 23)
is obliged to apply within 12 months from the effective date of this Act
background checks according to § 85e Para. 2 Act no. 49/1997 Coll., as amended
effective from the date of entry into force of this Act; It does not apply
case of a person pursuant to § 85e Para. 2 Act no. 49/1997 Coll., as amended
effective from the date of entry into force of this Act. Until the issuance of the certificate of reliability
according to § 85i of the Act no. 49/1997 Coll., As amended effective
Effective date of this Act, stop the application procedure by
first sentence or when the decision on the application under sentence
first applicant is deemed to be reliable.
11th The airport operator is obliged to request within 12 months from the date of entry into force of this Act
approval of the airport security program
according to § 85 meters paragraph. 1 of Law no. 49/1997 Coll., As amended, effective from the date of entry into force
this Act. Until the entry into force of the decision
application pursuant to the first sentence or termination of the proceedings on an application by the first sentence
security program to safeguard civil aviation against acts of unlawful interference such
airport operator approved in accordance with § 85a
paragraph. 1 of Law no. 49/1997 Coll., As amended effective on the effective date
this Act, be deemed to airport security program approved by
§ 85 meters paragraph. 1 of Law no. 49/1997 Coll., As amended, effective
date of entry into force of this Act.
12th Certificate for conducting training in the field of civil aviation against unlawful acts
issued pursuant to § 85k paragraph. 1 of Law no. 49/1997
Coll., As amended effective on the effective date of this Act shall be deemed
permission to implement training issued pursuant to §
85x paragraph. 1 of Law no. 49/1997 Coll., as amended, effective from the date of entry into force of this Act
.
13th Natural or legal person who carries out an activity permanent
sender, known supplier of in-flight supplies or a known supplier of airport supplies
by the directly applicable European Union
governing the protection of civil aviation ^ 23), or
which transports cargo or mail
subjected to security checks, must report within 3 months from the date of entry into force of this Act
this fact under § 86c par. 2 Act no.
49/1997 Coll., as amended effective from the date of entry into force of this Act;
Fail to do so, such an activity must continue to exercise.
14th Natural or legal person who operates the airport or
commercial air transport, or activity is regulated agent, known
sender, approved supplier of in-flight supplies or trainers
under directly applicable EU regulations governing the protection of civil aviation
against unlawful acts ^ 23), set by the Office for civil aviation
within 60 days after the effective date of this Act
basic measures according to § 86d paragraph. 1 of Law no. 49/1997 Coll., as amended effective
the effective date of this Act. Until the enforceability
decision establishing a baseline measure to a person by
first sentence of § 86d para. 5 Act no. 49/1997 Coll., As amended, effective
date of entry into force of this Act, apply; this is not true, said if such a person
Civil Aviation Authority that it does not
basic measure because under § 86d paragraph. 1 of Law no. 49/1997 Coll., as amended
effective date of acquisition of this Act.
15th Administrative proceedings under the Act no. 49/1997 Coll., As amended
effective on the effective date of this Act, initiated before the effective date of this Act
and to this day finally will be finished and the rights and obligations
relating to them are judged according to legal regulations
.
PART TWO
Amendment to the Act on Trades
Art. III
In § 3 para. 3 of the Act no. 455/1991 Coll., On business
(Trade Act), as amended by Act no. 286/1995 Coll., Act no. 19/1997 Coll
., Act no. 356/1999 Coll. and Act no. 167/2004 Coll., letter
v) reads:
"V) the operation of airports, commercial air transport and aerial work
, air services and the implementation of training
training in the field of civil aviation security
^ 23f)."
PART THREE
Amendment to the Act on Administrative Fees
Art. IV
In Annex to Act no. 634/2004 Coll., On administrative fees, as amended
Act no. 217/2005 Coll., Act no. 228/2005 Coll., Act no. 357/2005 Coll. ,
Act no. 361/2005 Coll., Act no. 444/2005 Coll., Act no. 545/2005 Coll.
Act no. 553/2005 Coll., Act no. 48/2006 Coll ., Act no. 56/2006 Coll.
Act no. 57/2006 Coll., Act no. 81/2006 Coll., Act no. 109/2006 Coll.
Act no. 112/2006 Coll., Act no. 130/2006 Coll., Act no. 136/2006 Coll.
Act no. 138/2006 Coll., Act no. 161/2006 Coll., Act no. 179/2006 Coll. ,
Act no. 186/2006 Coll., Act no. 215/2006 Coll., Act no. 226/2006 Coll.
Act no. 227/2006 Coll., Act no. 235/2006 Coll. Act no. 312/2006 Coll.
Act no. 575/2006 Coll., Act no. 106/2007 Coll., Act no. 261/2007 Coll.
Act no. 269/2007 Coll ., Act no. 374/2007 Coll., Act no. 379/2007 Coll.
Act no. 38/2008 Coll., Act no. 130/2008 Coll., Act no. 140/2008 Coll.
Act no. 182/2008 Coll., Act no. 189/2008 Coll., Act no. 230/2008 Coll.
Act no. 239/2008 Coll., Act no. 254/2008 Coll. Act no. 296/2008 Coll.
Act no. 297/2008 Coll., Act no. 301/2008 Coll., Act no. 309/2008 Coll.
Act no. 312/2008 Coll ., Act no. 382/2008 Coll., Act no. 9/2009 Coll.
Act no. 141/2009 Coll., Act no. 197/2009 Coll., Act no. 206/2009 Coll.
Act no. 227/2009 Coll., Act no. 281/2009 Coll., Act no. 291/2009 Coll.
Act no. 301/2009 Coll., Act no. 346/2009 Coll. Act no. 420/2009 Coll.
Act no. 132/2010 Coll., Act no. 148/2010 Coll., Act no. 153/2010 Coll.
Act no. 160/2010 Coll ., Act no. 343/2010 Coll., Act no. 427/2010 Coll.
Act no. 30/2011 Coll., Act no. 105/2011 Coll., Act no. 133/2011 Coll.
Act no. 134/2011 Coll., Act no. 152/2011 Coll., Act no. 188/2011 Coll.
Act no. 245/2011 Coll., Act no. 249/2011 Coll. Act no. 255/2011 Coll.
Act no. 262/2011 Coll., Act no. 300/2011 Coll., Act no. 308/2011 Coll.
Act no. 329/2011 Coll ., Act no. 344/2011 Coll., Act no. 349/2011 Coll.
Act no. 350/2011 Coll., Act no. 357/2011 Coll., Act no. 367/2011 Coll.
Act no. 375/2011 Coll., Act no. 428/2011 Coll., Act no. 457/2011 Coll.
Act no. 458/2011 Coll., Act no. 472/2011 Coll. Act no. 19/2012 Coll.
Act no. 37/2012 Coll., Act no. 53/2012 Coll., Act no. 119/2012 Coll.
Act no. 169/2012 Coll ., Act no. 172/2012 Coll., Act no. 202/2012 Coll.
Act no. 221/2012 Coll., Act no. 225/2012 Coll., Act no. 274/2012 Coll.
Act no. 350/2012 Coll., Act no. 359/2012 Coll., Act no. 399/2012 Coll.
Act no. 407/2012 Coll., Act no. 428/2012 Coll. Act no. 496/2012 Coll.
Act no. 502/2012 Coll., Act no. 503/2012 Coll., Act no. 50/2013 Coll.
Act no. 69/2013 Coll ., Act no. 102/2013 Coll., Act no. 170/2013 Coll.
Act no. 185/2013 Coll., Act no. 186/2013 Coll., Act no. 232/2013 Coll.
Act no. 239/2013 Coll., Act no. 241/2013 Coll., Act no. 257/2013 Coll.
Act no. 273/2013 Coll., Act no. 279/2013 Coll. Act no. 281/2013 Coll.
Act no. 306/2013 Coll., Act no. 313/2013 Coll., Act no. 344/2013 Coll.
And Act no. 101/2014 Coll., The item no. 45-57, including footnotes
no. 75 to 79 are added:
"Item 45
A) Issue of permit to operate the airport or to establish the kind
- International Public CZK 20,000
- international private CZK 15,000
- national public CZK 10,000
- domestic private CZK 5 000
B) Change the permit to operate the airport
rate of 15%, or to establish the kind of charges by
letter a)
This item
C) Approval of the operational capacity of the airport
for aircraft with a maximum take-off weight
- more than 10 tonnes CZK 50,000
- 10 tons and below CZK 15,000
Exemption
The fee referred to in subparagraph a) of this item are exempt entities
providing integrated rescue system.
Item 46
Issue decision to consent to the establishment of facilities and
carrying out activities that are not related to
air traffic in the protected zone for aviation structures CZK 5,000
Item 47
A) Issue of licenses to domestic airline CZK 80,000
carriers to operate scheduled commercial air transport
B) Issue of licenses
domestic air carrier to operate non-scheduled commercial air transport
aircraft MTOM
- 10 tonnes or less to the total number of passenger seats
20 including and smaller CZK 30,000
- more than 10 tonnes or a total of
passenger seating configuration of more than 20 CZK 80,000
C) Revalidation or other change
AOC or license modification CZK
3000
Note
The act of charging by this item also includes the issuance of a certificate
air operator's Civil Aviation Authority.
Item 48
A) The registration of aircraft or deletion of
aircraft register or change data
entered in the register of aircraft
Aircraft with a maximum take-off weight
- more than 10 tonnes CZK 8,000
- 10 tons and below CZK 3,000
B) Issuance of license
member of the flight crew or duplicate CZK 1,000
C) additional issuance of member
aviation personnel because of changes
data or because of its filling like. CZK 100
D) The theoretical examination for certification of aviation personnel
or IR CZK 5,000
E) Other theoretical tests, including tests in English
CZK 2,000
F) Verification of proficiency practical exam CZK 500
G) Issuance of the aircraft documents (logbook, aircraft
book, etc.) CZK 500
H) the entry and removal lien on the aircraft or its parts
CZK 2,000
I) Allocation of aircraft addresses CZK 500
Notes
First Charging action under subparagraph a) of this item also includes the issuance
certificates, documents or confirmation of ownership of the aircraft by
special regulation governing civil letectví35).
Second The act of charging referred to in subparagraph g) is selected in the case
second edition and other aircraft documents. The first issue of the document is charged
in charge for the aircraft's entry in the aircraft register.
Item 49
A) Granting authorization to the development, design, manufacture, testing, maintenance, repairs,
modifications and structural changes of aircraft
their parts and products of aviation
techniky35) CZK 20,000
B) Issue a certificate of approval for the maintenance
organizaci35a) to produce organizaci35b)
or a letter of agreement to manufacture
organizaci75)
- 10 employees CZK 15 000
- 11 - 30 employees, including CZK 30,000
- 31 to 50 employees, including CZK 45,000
- over 50 employees CZK 60,000
C) Granting permission for the development,
designing, manufacturing, testing,
installations, maintenance, repairs, modifications and design changes
aviation ground equipment
CZK 20,000
D) Issuance of the certificate of authorization
organization airworthiness management
způsobilosti35a)
- non-motorized aircraft and aircraft
piston motor / CZK 15,000
- aircraft turbine engine / engines CZK 40,000
E) Issuance of recommendations for foreign
aviation authority for issuance
maintenance in accordance with directly applicable regulations of the European
unie76)
or international agreement which is part of the 50% fee
the rule of law under b)
Notes
First When applying for an organization to renew or change the permissions
payment of the fee in the amount of 1/3 rate this item. In the letter b)
fee, calculated on the actual number of employees at the time of filing the application
au point d) payment of the fee to be approved by the newly
scope of approval.
Second The number of employees at the organization referred to in point b)
means the number of employees directly involved in the implementation, management, planning, technical and material
security maintenance, respectively.
including production quality system.
Third For items b) and d) shall be levied an annual maintenance fee of 1.3
fee for authorization.
Fourth Exemption for a maximum duration of two months for permission
issued by the directly applicable European unie76) selects
fee of 10% of the rate for issuing authorizations.
Fifth For exemption is valid for more than two months and for granting exceptions for repeat
authorization issued by the directly applicable regulations of the European
unie76) is charged at 30% rate for
authorization issued.
Item 50
A) Issue of certificates for the training of aviation personnel
CZK 20,000
B) Recognition of the validity of a foreign license
- in the case of a Czech citizen or a citizen
European Union member state, another
state of the European Economic Area or the Swiss Confederation CZK
1000
- if it is a citizen of a State which is not
EU Member State, another
state of the European economic area or the Swiss Confederation CZK
3000
Item 51
A) Issue of permit to conduct aeronautical
Work or aviation activities for own use
CZK 10,000
B) Issue permits for flying aircraft without a pilot CZK
4000
C) Issue permits for flying aircraft without a pilot
exclusively for recreational and sport flying CZK
2000
D) renewal or amendment
permit to conduct aerial work or
aviation activities for own use CZK 1,500
E) the renewal or amendment
permission to fly unmanned CZK 400
F) renewal or amendment
permission to fly unmanned
exclusively for recreational and sport flying CZK 200
G) Permission to operate
air public appearances CZK 3,000
Note
For promotions parachuting events as part of programs
other social or cultural events, the fee under letter g)
reduced to 1,500 CZK.
Exemption
The fee referred to in subparagraph g) of this item are exempt airline
public appearances with the exclusive participation of the aircraft without a pilot.
Item 52
A) Issue a decision on authorization by
directly applicable European
unie77) to provide
- air traffic services within the scope
area control services, approach
control services and aerodrome control services CZK 20,000
- other air traffic services
among the services listed under a)
and meteorological services CZK 10,000
B) Issue a certificate to provide air navigation services by
directly applicable regulation of the European unie77) for
- providing air traffic services
in the range of area control service CZK 80,000
- providing
air traffic services in the range of approach control service
for airports with high traffic density CZK 50,000
-
provision of air traffic services in the range of airport services
management for airports with high density
traffic CZK 50,000
- providing air traffic services within the scope
approach control service
airport for small and medium-density traffic
CZK 30,000
- providing air traffic services within the scope
airport management services for airports with low and medium density traffic
CZK 30,000
-
provision of other air traffic services CZK 10 000
- providing meteorological services,
aeronautical information services,
navigation services, communications services or
surveillance services CZK 20,000
C) the authorization to provide services
preflight preparation and monitoring
flight or ground handling at the airport
CZK 20,000
D) Change authorization to provide services when
briefing and flight monitoring
or airport ground handling CZK 2,000
E) Designate a portion of airspace
general measure, if it exceeds
time dedicating 24 hours over three days
consecutive CZK 20,000
Notes
First In the case of delegation decisions under a) to provide more
services under a single decision fee is levied only on one
credentials with the highest rate in the context of the decision.
Second In the case of issuance of the certificate referred to in point b) to provide more
air navigation services under a single certificate is collected
fee for only one providing services with the highest rate within
issued certificate.
Third For a change certificate issued pursuant to subparagraph b) payment of the fee in the amount of 1.3
rate for issuing the certificate. In the case of adding additional services to
already issued a certificate under point b) is selected as
fee when issuing the certificate for this service.
Exemption
The fee referred to in subparagraph e) shall be exempt sporting events
character or the Army of the Czech Republic.
Item 53
A) Issuing a decision on approval for flight testing
CZK 10,000
B) the renewal or amendment
decision to consent to the test
flying CZK 2,000
Item 54
A) Issuing a decision on approval of aircraft types including the issuance of a type certificate
(fee rate under letter A)
B) Issuing a decision on approval of major changes
type of aircraft or major modifications of individual aircraft, including the release
STC, approval of modifications or changes
Type Certificate (fee rate under letter B)
C) Recognition of the type of aircraft based on the type approval document issued by a foreign aircraft
aviation authority including the issuance of the certificate of recognition
eligibility type (charge rate under letter C)
D) Issuing a decision on the approval of non-standard repairs (fee rate
section D)
E) noise certification (fee rate under letter
E)
The rate in CZK rate in CZK rate in CZK rate in CZK rate in CZK
ABCDE
Balloons and airships 8 000 1 000 4000 - -
Gliders 15 000 3 000 5000 1000 -
motorized gliders and microlights 25000 5000 8000 2000 2000
Airplanes and helicopters to
5,700 kg maximum takeoff weight including 40 000 10 000 10 000 5000 4000
airplanes and helicopters over 5700 kg
maximum takeoff weight of 80 000 25 000 35000 15 000 10 000
f) Decisions for approval of minor design changes / modifications
The rate of CZK
Balloons and airships Gliders 500
1500
motorized gliders and microlights 2500
Airplanes and helicopters to 5,700 kg maximum takeoff weight
including 5 000
airplanes and helicopters over 5700 kg
maximum takeoff weight of 12,500
Notes
First The fee referred to in subparagraph b) of this item is collected only for
decision on approval of a major structural change in the type of aircraft or major modification
individual aircraft. A major change or significant modifications
For the purposes of this Act
such changes or modifications that have a significant effect on the mass, balance,
structural strength, reliability, operational characteristics, or other characteristics affecting the airworthiness
the aircraft.
Second Substandard repair for the purposes of this Act, a correction to
documents that are not part of the instructions for continued airworthiness
eligibility of processed type certificate holder for the approval
aircraft type.
Item 55
A) Issue of airworthiness certificates (fee rate under letter F)
B) Extension of airworthiness certificates, special
airworthiness certificate or renewal of airworthiness for aircraft which
temporarily ceased (fee rate under letter G)
C) Issue of special airworthiness certificate
- Valid for 60 days, including (charge rate under letter G)
- With validity of 60 days (charge rate under letter F)
D) Issue of airworthiness certificates for special purposes (
rate fee under letter F)
E) Issuance of export certificate of airworthiness (fee rate under
letter F)
F) Issue of permit to fly
- Valid for 60 days, including (charge rate under letter G)
- With validity of 60 days (charge rate under letter F)
G) Approval of flight conditions
- For permission to fly valid within 60 days (charge rate under
letter G)
- For permission to fly valid over 60 days (charge rate under
letter F)
H) Issue an airworthiness review certificate
- Issue an airworthiness review certificate upon presentation
recommendations issued by the organization to manage the continuing airworthiness
(fee rate under letter G)
- Issue an airworthiness review certificate without submitting
recommendations issued by the organization to manage the continuing airworthiness
(rate under letter F)
I) Return of seized airworthiness certificates of 50% of the fee under the letter F
J) approve a maintenance program for the aircraft 50% royalty rate under the letter F
K) Approval of changes to the maintenance program for the aircraft 10% royalty rate under the letter F
L) Approval of MEL for the aircraft 40% royalty rate under the letter F
M) Approval of changes to aircraft MEL 10% royalty rate under the letter F
N) the granting of an exemption in accordance with applicable regulations of the European
unie78) valid until two months relating to one aircraft with
take-off weight to 5700 kg
10% royalty rate under the letter F
O) the granting of an exemption in accordance with applicable regulations of the European
unie78) valid until two months relating to one aircraft with
takeoff weight of 5,700 kg
10% royalty rate under the letter F
P) Granting exemptions repeated in accordance with applicable regulations of the European
unie78) or exemptions covering more aircraft or
exceptions in effect for more than two months
According to the fee rate under the letter F
Q) Approval of the technical log under the directly applicable regulations of the European
unie79)
According to the fee rate under the letter G
The rate in CZK rate in CZK
FG
Balloons and airships 2,000,300
Gliders 5,000,300
motorized gliders and microlights 6,000,500
Aeroplanes and helicopters below 5700 kg maximum takeoff weight including
10000700 || | Aeroplanes and helicopters over 5700 kg maximum takeoff weight
25,000 3,000
engines for installation in-gliders and ultralight aircraft
2000
Motors-piston Engines 3000
-turboprop, turboshaft and turbofan 5000
fixed-pitch, 2,000
Propeller-adjustable to 2500
ground-adjustable propeller for flight 3000
Authorization
The administrative authority may reduce the fee to 10% of the fees by the letter F
for changes in documents.
Note
If issued a new airworthiness certificate together with
control certificate of airworthiness fee is levied only on
airworthiness certificate.
Item 56
A) Type Approval of aircraft components including the issuance of the type certificate
- The engine (fee rate under the letter H)
- With propeller (fee rate under k)
B) Issuing a decision on approval of major changes
type of aircraft components including the issuance of a supplemental type certificate or a change in the type certificate
- The engine (charge rate under letter I)
- With propeller (fee rate under the letter L)
C) Recognition of the type of aircraft components on the basis of evidence of approval
parts of the aircraft issued by the aviation authority of another country, including the recognition of type-
- The engine (charge rate under letter J)
- With propeller (fee rate under the letter M)
The rate in CZK rate in CZK rate in CZK
HIJ
motors - for installation in gliders and microlights 5000 2500 2500
- Piston 10 000 5 000 5 000
- turboprop, turboshaft and turbofan 20,000 8,000 10,000 || |
The rate in CZK rate in CZK rate in CZK
KLM
Propeller - fixed-angle blade settings - Wooden 2,000 1,000 1,000
- Fixed-angle setting sheet - metal and composite
3000 2000 2000
- convertible to country 5000 3000 3000
- adjustable flight 8000 4000 4000
Note
Major design change for the purposes of this Act means a change
which has a significant effect on weight, structural strength,
reliability, operational characteristics, or other characteristics affecting the airworthiness
parts of the aircraft.
Item 57
A) Issuing a decision on approval
type of aeronautical products
for use in civil aviation CZK 2,000
B) Issue a decision approving eligibility
aircraft ground equipment - Lighting equipment and component systems
lighting equipment CZK 3,000
-
terrestrial electronic security equipment CZK 5,000
- ground facilities for diagnosis
and evaluation of aircraft CZK 5,000
- ground power for aircraft CZK 3,000
- flight simulators CZK 30,000
- flight simulators CZK 50,000
- equipment for the measurement and evaluation of effects on braking
moved by landsides CZK 3,000
- devices designed for transporting goods on board an aircraft
CZK 3,000
C) renewal of the type approval
qualifying products 25% rate
aviation technology for use in civil charge by
Aviation letter a)
this item.
Not subject to charge
Acts referred to in this item, in the case of products not subject to state supervision
Civil Aviation Authority.
Notes
First The act of charging by this item also includes the issuance of a document or
decision.
Second For a decision on approval of the operational capability of the products
levied under subparagraph b) of this item.
75) Commission Regulation (EU) no. 748/2012 of 3 August 2012
down detailed rules for the airworthiness of aircraft
and related products, parts and appliances and || | environmental protection, as well as the certification of design and production organizations
, as amended.
76) European Parliament and Council Regulation (EC) no. 216/2008 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, as amended.
77) European Parliament and Council Regulation (EC) no. 550/2004 of 10
March 2004 on the provision of air navigation services in the single European sky
(the service provision Regulation), as amended.
78) European Parliament and Council Regulation (EC) no. 216/2008 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, as amended.
Council Regulation (EEC) no. 3922/91 of 16 December 1991 on the harmonization
technical requirements and administrative procedures in the field of civil aviation, as amended
.
79) Commission Regulation (EC) no. 2042/2003 of 20 November 2003
continuing airworthiness of aircraft and aeronautical products, parts
and on the approval of organizations and personnel involved in
these tasks, as amended. ".
PART FOUR
EFFICIENCY
Art. In
This Act shall take effect on 1 February 2015.
Hamáček vr Zeman
Sobotka
