137/2011 Sb.



LAW



of 28 June. April 2011,



amending the Act No. 49/1997 Coll., on civil aviation and amending and

additions to law No. 455/1991 Coll., on trades

(Trade Act), as amended, as amended

regulations, and other related laws



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on Civil Aviation



Article. (I)



Act No. 49/1997 Coll., on civil aviation and the law amending and supplementing

No. 455/1991 Coll., on trades (Trade Act), in

as amended, as amended by Act No. 189/1999 Coll., Act No.

146/2000 Coll., Act No. 261/2002 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.

228/2009 Coll., Act No. 281/2009 Coll., Act No. 301/2009 Coll. and act

No 407/2010 Coll., shall be amended as follows:



1. In article 1 (1). 1 introductory provisions read as follows:



"This law incorporates the relevant provisions of the European Union),

builds on the directly applicable provisions of the European unie1a) and modifies the

matters of civil aviation ".



2. Footnote 1 is added:



"1) Council directive of 16 June 1992. December 1991 on the reciprocal recognition of licences

for the exercise of functions in civil aviation (91/670/EEC).



Council Directive 94/56/EC of 21 June 1999. November 1994 establishing

the fundamental principles governing the investigation of accidents and incidents.



Directive of the European Parliament and of the Council 2002/30/EC of 26 July 2000. March 2002

on the rules and procedures for the introduction of operating restrictions to reduce the

noise at Community airports.



Directive of the European Parliament and of the Council 2003/42/EC of 13 April 2004. June 2003

on occurrence reporting in civil aviation.



Council Directive 96/67/EC of 15 December 1999. October 1996 on access to the market

groundhandling at Community airports.



Council Directive 2004/82/EC of 29 April 2004. April 2004 on the obligation of carriers

supply data on passengers.



European Parliament and Council Directive 2004/36/EC of 21 June 1999. April 2004

on the safety of third country aircraft using the airport

The community.



European Parliament and Council Directive 2006/23/EC of 5 July 2004. April 2006 on

Community air traffic controller licence.



Commission Directive 2008/49/EC of 16 December 2002. April 2008 amending

Annex II to the directive of the European Parliament and Council Directive 2004/36/EC as regards the

on the implementation of ramp inspections on aircraft using

Community airports.



European Parliament and Council directive 2009/12/EC of 11 December 1997. March 2009

on airport charges ".



3. In section 12a paragraph 1. 2 (a). (f)), and g), the words "§ 91a para. 5 "shall be replaced by

the words "§ 91a para. 6. "



4. In section 22j after paragraph 4, the following paragraph 5 is added:



"(5) the Office shall monitor the plan of continuation training, and at least once every 3

years. ".



Paragraphs 5 to 7 shall be renumbered 6 to 8.



5. under section 42 c shall be inserted after title VI, including the title reads as follows:



' TITLE VI



THE PRICE FOR THE USE OF AIRPORT



section 42d



(1) the provisions of this title shall apply to the negotiation of the prices for the use of

the airport, which handle



a) more than 5 million passengers in the calendar year, or



(b)) the most passengers in the calendar year, does not meet any of the airport

the condition referred to in subparagraph (a)).



(2) the Department of transportation shall be published each year in a manner allowing

the remote access list of airports to which the provisions of this

head.



§ 42e



The airport operator must not in negotiating a price for the use of airport

air carrier discriminate. This does not prevent the resolution of the prices for the use of

the airport on grounds of public interest, in particular with regard to the operational

Airport safety, protect the environment or human health, and

on the basis of the essential, accurate and objectively measurable criteria,

related to the operation of the airport.



§ 42f



The airport operator shall invite each year a manner allowing remote

access of air carriers, who are taking operated airport, in order to

to participate in the discussion of the design of the prices for the use of airport

(hereinafter referred to as "the airport price list"); to do this, they shall fix a reasonable time limit which

shall be not less than 60 days. Air carriers who subscribe to

the challenge of the aerodrome operator, within the period for him in the first sentence shall communicate the information

implied, at least for the next 2 years period in the annual breakdown in

range:



and the number of trips), including connecting passengers and

the estimated number of takeoffs and landings at the airport,



(b) composition and utilization) fleet and



(c) activities and requirements) facilities of the airport, which have been included into

the airport price list.



§ 42 g



(1) the operator of an airport shall discuss the airport price list each year with air

carriers, who have signed up for the challenge and they told him the required

details. This does not apply if agreed by the airport operator with air

the carrier frequency of the discussion otherwise.



(2) for the purpose of discussing the airport operator shall notify the airport price list

The Ministry of transport and carriers have signed up for it

the published data on the extent of the challenge:



and the airport price list) folder and the method of their determination,



(b) the activities and facilities of the airport), which are included into the airport

price list,



c) resources from public budgets provided to activities or facilities

the airport, which were included into the airport price list in the preceding

the calendar year,



(d) the amount of the cost of the actions) and the facilities of the airport, which have been included in the

the airport price list in the previous calendar year,



(e) the amount of the proceeds) associated with the payment of the price for the use of the airport in

preceding calendar year,



(f)) the number of handled passengers and the number of takeoffs and landings at the airport in

preceding calendar year,



(g) the use of facilities of the airport), which was included in the airport

price list in the previous calendar year,



h) the number of handled passengers and the number of takeoffs and landings at the airport

expected at least for the period of the next two years in the annual breakdown,



I) cost of the activities and amenities that are included in the

the airport price list, estimated at least for the period following 2

years in the annual breakdown,



j) amount of the proceeds relating to the payment of the price for the use of the airport,

estimated at least for the period of the next two years in an annual breakdown.



(3) the operator of an airport shall communicate the information required at least 4 months before the

the date on which the airport price list is used. This time-limit may

the airport operator to shorten, if so required by serious and justified

the circumstances.



(4) the information provided by the airport and air carriers for the

the purpose of the consultation the airport price list could not be communicated to third parties without

the consent of the person who is provided; This provision is without prejudice to the obligation to

to communicate to the competent authorities under this or a special Act.



(5) an air carrier may communicate its reasoned comments to airport

price list within a reasonable time limit set by the airport operator. The operator

the airport will discuss these comments with progresses so that the

reached, if with regard to the use of the airport possible.



(6) the operator of an airport the airport price list after his discussion with the air

carriers shall publish. Airport price list can be used for the purposes of negotiating a price for

the use of the airport use the first 2 months of the date of its publication.

It was not about an airport price list achieved between the airport operator and

the conformity of air carriers, the airport operator shall publish specific

the reasons which led it to reject the comments of air carriers.



§ 42 h



The airport operator will prompt manner allowing remote access air

the carrier who operated the airport used to sign in to

participation in the discussion of the intent of the development of the airport, whose estimated

the costs are higher than 15% of the annual turnover of the airport operator

preceding calendar year. To do this, they shall fix a reasonable time limit,

which shall not be shorter than 60 days. The airport operator shall consult with the

the air carriers have signed up for the challenge, the intent of the development

Airport no later than before the start of the implementation of such a plan.



§ 42i



(1) the Department of transportation shall decide, at the request of the air carrier, whether

published by the airport price list, its ingredients and the method of their determination are not

contrary to § 42e. The application can be submitted no later than 15 days from the date on which the

Airport price list published by the airport operator.



(2) the application must contain information about what is considered to be a contradiction

the airport price list published, its components, or the way they are

determination of § 42e, and indications of evidence needed to demonstrate this

conflict. If the application does not contain the specified information, Ministry of transport

shall invite the applicant to make, within 3 days from the date of receipt of the request the request

He said. If the applicant does not complete within this time limit your request, the Department of

It fails and the management of traffic stops.



(3) the parties are the applicant and the airport operator.



(4) if the Department of transportation, that published the airport price list


its ingredients or the method of their determination is contrary to § 42e, cannot be

This airport price list to use, while airport operator the adjusted

Airport price list without undue delay shall discuss again.



(5) against the decision referred to in paragraph 4 may not be decompiled.



(6) each year, the Department of transportation publishes a manner allowing

remote access a summary report for the previous calendar year

the results of supervision of fulfilling the obligations of the operator and airport

air carrier and proceedings initiated under this title. ".



Title VI becomes title VII.



6. In section 55a paragraph 1. 3 the words "§ 55b para. 4 and § 55 c "shall be replaced by the words" §

55 c of paragraph 1. 4 and § 55d ".



7. in section 55a paragraph 1. 8, the words "55 c" shall be replaced by "55d".



8. In section 88 para. 1 (b). (c) point 1), the following point 2 is added:



"2. the decision on whether the airport price list published, its ingredients and

the method of their determination are not contrary to § 42e, ".



Items 2 to 6 shall be renumbered 3 to 7.



9. in section 88 para. 1, point (c)) the following new subparagraph (d)) to (f)),

are added:



"d) exposes the way allowing remote access to the list of airports

that the provisions of title VI, part four



e) exposes the way allowing remote access a comprehensive report on

the results of supervision of fulfilling the obligations of the operator and airport

the air carrier and the proceedings initiated pursuant to Title VI, part four



f) checks the fulfilment of the obligations of the operator airport and air

the carrier pursuant to Title VI, part four. "



Subparagraph (d)) to r) shall become letters (g))).



10. The heading above paragraph 92: "the administrative offences".



11. in section 92 heading reads: "Transgressions".



12. In § 92 para. 1 at the end of the letter v), section 93 para. 1 at the end of point (a)

in) and in section 93 para. 6 at the end of subparagraph (b)), the word "or".



13. In article 93, paragraph 7, the following paragraph 8 is added:



"(8) the operator of an airport referred to in section 42d para. 1 is guilty of an

the administrative offense that fails with air carriers, airport

price list according to § 42. ".



Paragraphs 8 and 9 shall be renumbered 9 and 10.



14. in section 93 para. 9 (a). (c)), the words "administrative offences ' shall be replaced by

"administrative offence".



15. in section 93 para. 9 (a). (d)), after the words "paragraph 6 (a). and) "added

a comma and the words "or of paragraph 7 (b). I) or (j)) "shall be replaced by

"paragraphs 7 (b). I) or (j)) or paragraph 8. "



16. in paragraph 98, at the end of paragraph 1, the following sentence "this provision does not

without prejudice to Title VI of part four. ".



17. in section 99a para. 3, the words "section 55a paragraph 1. 7 "shall be replaced by ' paragraph 55a

paragraph. 8. "



18. in section 102 paragraph. 1 the words "§ 22j para. 7 "shall be replaced by" section 22j

paragraph. 8. "



Article. (II)



Transitional provision



Price agreed according to § 98 para. 1 of Act No. 49/1997 Coll., as amended by

effective until the date of entry into force of this Act, shall be paid no later than the date of

negotiation of prices for the use of the airport by part four of title VI of the Act.

49/1997 Coll., in the version in force from the date of entry into force of this Act.



PART TWO



Amendment of the Act on electronic communications



Article. (III)



Act No. 127/2005 Coll., on electronic communications and amending

some related laws, as amended by Act No. 290/2005 Coll., Act

No 361/2005 Coll., Act No. 186/2006 Coll., Act No. 235/2006, law No.

310/2006 Coll., Act No. 110/2007 Coll., Act No. 261/2007 Coll., Act No.

304/2007 Coll., Act No. 124/2008 Coll., Act No. 177/2008 Coll., Act No.

189/2008 Coll., Act No. 247/2008 Coll., Act No. 384/2008 Coll., Act No.

228/2009 Coll., Act No. 281/2009 Coll. and Act No. 153/2010 Coll., shall be amended

as follows:



In § 24 para. 3, after the words "for the amateur radio service"

the words "and for air moving in sports and service

recreation activities ".



PART THREE



The EFFECTIVENESS of the



Article. (IV)



This Act shall take effect on the first day of the third calendar month after

the date of its publication.



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