Civil Aviation (Amendment) Act And The Amendment Of Other Laws

Original Language Title: změna zákona o civilním letectví a změna dalších zákonů

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225/2006 Sb.



LAW



of 25 June 2002. April 2006,



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 some other laws



Change: 375/2007 Sb.



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

amended by Act No. 191/1999 Coll., Act No. 146/2000 Coll., Act No.

258/2002 Coll. and Act No. 309/2002 Coll., is amended as follows:



1. § 1, including footnotes 1 and 1a is added:



"§ 1



The subject of the edit



(1) this Act incorporates the relevant provisions of the European

Community ^ 1) and following on directly applicable provisions of the European

^ 1a) governs the community in matters of civil aviation



and construction and operating conditions) of the aircraft,



(b) the establishment, operating conditions) and certifying the competence of the airports,



(c)) the conditions for construction,



(d) the conditions for the functioning of the air) staff,



(e) the conditions for the use of airspace),



(f) the conditions for the provision of air services),



(g) the conditions governing aeronautical activities),



h) scope and terms of aviation security,



I) conditions of use of sports flying device,



j) scope and terms of the exercise of State administration.



(2) this Act applies in a specific range on military aviation

in matters of aviation personnel, military airports and air structures,

the use of airspace, the provision of air services and the operation of

the flight operations.



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 1995, introducing

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.



1A) Council Regulation (EEC) No 2407/1992 of 23 December 2003. July 1992 on

licensing of air carriers.



Council Regulation (EEC) No 2408/1992 of 23 December 2003. July 1992 on access

Community air carriers to intra-Community air routes.



Council Regulation (EEC) no 2409/1992 of 23 December 2003. July 1992 on fares and

rates for air services.



Council Regulation (EEC) No 95/93 of 18 January. January 1993 on common

rules for the allocation of slots at Community airports, in

as amended.



European Parliament and Council Regulation (EC) No 1592/2002 of 15 July 2002

July 2002 on common rules in the field of civil aviation and

establishment of the European Aviation Safety Agency, as amended.



European Parliament and Council Regulation (EC) No 2320/2002 of 16 December 2002.

December 2002 establishing common rules in the field of

civil aviation security as amended.



European Parliament and Council Regulation (EC) No 261/2004 of 11 March. February

2004 establishing common rules on compensation and assistance to passengers in the

air passengers in the event of denied boarding and of cancellation or

long delay of flights, and repealing Regulation (EEC) No 295/91.



European Parliament and Council Regulation (EC) No 549/2004 of 10 February 2004.

March 2004 laying down the framework for the creation of a single

European sky (the framework regulation).



European Parliament and Council Regulation (EC) No 550/2004 of 10 February 2004.

March 2004 on the provision of air navigation services in the single

European sky (the service provision Regulation).



European Parliament and Council Regulation (EC) No 551/2004 of 10 February 2004.

March 2004 on the organisation and use of airspace in the single

European sky (the airspace Regulation).



European Parliament and Council Regulation (EC) No 552/2004 of 10 February 2004.

March 2004 on the interoperability of the European air traffic management network

(the interoperability Regulation).



European Parliament and Council Regulation (EC) no 785/2004 of 21 April 2004. April

2004 on insurance requirements for air carriers and aircraft operators

aircraft.



European Parliament and Council Regulation (EC) no 847/2004 of 29 April 2004. April

2004 on the negotiation and implementation of air agreements between Member States and

third countries. '.



2. section 2 including the title reads as follows:



"§ 2



Basic concepts



(1) civil aviation ' means activities carried out in the Czech Airlines

Republic civil aircraft of any nationality for civil

purposes, as well as aviation activity operated by aircraft nationality

The United States abroad for civil purposes and operation of civilian

airports and air services in the territory of the Czech Republic.



(2) an aircraft means a device capable of imparting a force carrying it in

the atmosphere from the reactions of the air against the Earth's that are not

surface. For the purposes of this Act, shall not be considered an aircraft model

aircraft whose maximum take-off weight does not exceed 20 kg.



(3) the aeronautical Product (hereinafter "product") within the meaning of this

Act means an aircraft, engine or propeller.



(4) parts and appliances Shall means any device,

equipment, apparatus, mechanism or unit including accessories

communications equipment, that is used or intended for use in the

operating or controlling an aircraft in flight and is embedded in the aircraft, or to the

aircraft. It includes parts of an airframe, engine or propeller.



(5) Air ground facility means the technical device that is

located on the ground and is used to ensure air traffic.



(6) the airspace of the United States is the space over the territory of the United

the Republic, which can be used for air operations.



(7) the airport is territorially defined and appropriately adjusted area

including a set of buildings and facilities of the airport, permanently for takeoffs and

aircraft and aircraft movements aircraft related. ".



3. In article 3, paragraph 3. 1 the words "Ministry of transport and communications" shall be replaced by

the words "Ministry of transport".



4. in section 3, paragraph 2 reads as follows:



"(2) the authority is headed by a Director-General, whose appointment and dismissal are

be governed by the staff regulations of the law. In the performance of functions is empowered to enter into agreements

between civil aviation authorities for activities related to migration

the liability of the State of registration of the aircraft register of the State

where the aircraft is operated by a longer period of time, in the form of transfer agreed

the area of responsibility, in particular for the capacity of the aircraft, the crew and its

the maintenance of this State pursuant to article 83bis Convention on international civil

Aviation, provided that such an agreement must be known to all other

the Contracting States that have ratified it. ".



5. In section 3, the following paragraphs 3 to 7, which include footnotes

1 c, 1 d, 1e, 1f and 1 g shall be added:



"(3) the authority shall cooperate with the European Aviation Safety Agency

(hereinafter referred to as "the Agency") on the basis of a directly applicable regulation of European

Community ^ 1 c). The scope and terms of cooperation are further modified

the contract concluded between the authority and the Agency.



(4) if the Office carries out activities for the Agency is obliged to set up for returns

from these activities, the special account and keep separate accounting of the costs and

revenue. Means the Office is authorized to use the account only on the increase

the qualifications of their staff, the purchase of technical equipment and financing

other needs are necessary for the performance of the activities of the Agency. Unused

the resources of the account in a calendar year are the State budget revenue.

Statement of account management for the calendar year the Office is obliged to

disclose the manner allowing remote access ^ 1 d) within 6 months from the end of

the relevant calendar year.



(5) the authority shall carry out the tasks of the national supervisory authority by directly

of the applicable legislation of the European communities ^ 1e).



(6) the authority may, by decision to entrust the execution of the tasks in the field of

evaluation of conformity or suitability for use of the constituents and verification systems

The European air traffic management network the legal entity that meets the

the conditions laid down by a regulation directly applicable European

Community ^ 1f). The authority shall withdraw the credentials directly under the conditions set

the applicable law of the European communities ^ 1f).



(7) the authority shall supervise the fulfilment of the obligations relating to air carrier

compensation and assistance to passengers in the event of denied boarding,

of cancellation or long delay of flight as directly applicable legislation

Of the European Communities ^ 1 g) and handles complaints on violations of these

duties.



1 c) European Parliament and Council Regulation (EC) No 1592/2002 of 15 July 2002

July 2002 on common rules in the field of civil aviation and

establishment of the European Aviation Safety Agency.



1 d) Act No. 106/1999 Coll., on free access to information, as

amended.



1E) European Parliament and Council Regulation (EC) No 549/2004 of 10 February 2004.

March 2004 laying down the framework for the creation of a single


European sky (the framework regulation).



1F) European Parliament and Council Regulation (EC) No 552/2004 of 10 February 2004.

March 2004 on the interoperability of the European air traffic management network

(the interoperability Regulation).



1 g) European Parliament and Council Regulation (EC) No 261/2004 of 11 March.

February 2004 establishing common rules on compensation and assistance

passengers in the air passengers in the event of denied boarding,

of cancellation or long delay of flights, and repealing Regulation

(EEC) No 295/91. ".



6. the heading of part two shall read: "the AIR index, the ELIGIBILITY of PRODUCTS,

PARTS AND APPLIANCES TO BE USED IN CIVIL AVIATION ".



7. in part two, over the words "article 4" shall be replaced by:



' TITLE I



AIR REGISTER ".



8. In section 4, paragraph 4. 1, after the words "aircraft register" the words ", with the

the exception of sports flying device ".



9. in section 4, paragraph 4. 2 (a). (c)), the word "index" shall be replaced by

"sightseeing".



10. In section 4, paragraph 4. 2 (a). (d)), after the words "technical data" is added

"laid down by the implementing regulation."



11. in section 4, paragraph 4. 2 (a). (e)), the words "aircraft and spare parts

parts to the aircraft and its components "shall be replaced by ' air engines and

the bow thruster room, spare parts to the aircraft, its parts and the absence of

device. "



12. in section 4, paragraph 4. 2, letter e) the following new subparagraph (f)), which read as follows:



"(f)) was an aircraft carrier, if the address of the allocated".



Subparagraph (f)) is renumbered as paragraph (g)).



13. in section 4, paragraph 4. 3, the words "for which the Authority issued or recognised as

valid certificates of airworthiness and ' shall be deleted.



14. in section 4, paragraph 3, the following paragraph 4 is added:



"(4) the authority may, on application to assign the registration mark of the preliminary

before registration of the aircraft to the air register. The decision about the preliminary

allocation of a registration mark shall lapse on the expiry of 6 months from the

with legal force. Requirements laid down detailed legal

prescription. ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.



15. in section 4, paragraph 4. 6, the word "rejstříkovou" shall be replaced by the word "cognitive".



16. in § 5 para. 1, after the words "the Register serves" the words

"the owner or".



17. § 5 paragraph 2 reads as follows:



"(2) the requirements for an application for the registration of the aircraft to the air register and

the documents required to accompany the application, lays down the legal

prescription. ".



18. in section 5, paragraph 3 shall be deleted.



19. in section 5a paragraph 2 reads as follows:



"(2) the requirements for an application for the registration of the lien to air

the register and the documents required to accompany the application, provides

implementing legislation. ".



20. In article 5a, paragraph 3 shall be deleted.



Paragraphs 4 to 6 shall become paragraphs 3 to 5.



21. in section 6 (1). 1, after the words "notify" the words "and

provide evidence ".



22. in paragraph 6b of the paragraph 1 reads:



' (1) On the creation of liens to air motors and bow thruster room, spare

parts for the aircraft, its parts and appliances by writing the following

rights to register, as well as their erasure from the air

the register shall be subject to the provisions of § 5a and 6a accordingly. ".



23. in paragraph 6b of the paragraph. 2, after the word "owner", the words "air

engines and propellers, ", the words" and its components "shall be replaced by the words",

parts and appliances "and the words" trade name "shall be replaced by

the words "of the name, trade name or name".



24. in part two above, paragraph 7, insert the following text:



"TITLE II



APPROVAL OF THE PRODUCT, TO FLYING AIRCRAFT AND ELIGIBILITY

PARTS AND APPLIANCES AND AIRCRAFT GROUND EQUIPMENT ".



25. In the heading of section 7, the words "of the aircraft or its components" shall be replaced by

the word "product".



26. in section 7 (2). 1, the words "of the aircraft or its components" shall be replaced by

the word "product".



27. in section 7 (2). 2 to 5, 7 and 8, the words "of the aircraft or its components"

shall be replaced by the word "product".



28. in section 7 (2). 2 (a). and the words "Convention), which is the Czech Republic

bound by the Treaty "are replaced by the words" that is part of the legal order "and

the words "will be the type of aircraft or component thereof approved" shall be replaced by

the words "the product type approval."



29. in paragraph 7 the following paragraph 6 is added:



"(6) the manufacturer is obliged to produce products according to the approved type or

recognized by the authority and to demonstrate conformity of the product with the approved or recognised by the

type. ".



30. In article 7 (2). 7, the words "produced by the aircraft or its components"

replaced by the words "manufactured product".



31. in § 8 para. 2 at the end of the second sentence the words "before the Office" be deleted.



32. In the heading of paragraph 9, the words "of the aircraft and its components" shall be replaced by

"product".



33. In paragraph 9, the words "of the aircraft and its components" shall be replaced by

"product".



34. In paragraph 11, the words "which is bound by the Czech Republic" shall be replaced by

"that is part of the legal order, or on the basis of directly applicable

Regulation of the European Communities ^ 1 c) ".



35. in paragraph 12 the following new section 12a, which including footnote # 1 h

added:



"§ 12a



(1) the authority shall collect and process all the flying safety

relevant information on the technical and operational status of aircraft (hereinafter referred to as

"the technical condition of aircraft") landing on the territory of the Czech Republic and

registered in the register of the State which is a Member State

Of the European Union.



(2) the information referred to in paragraph 1 shall mean in particular



and traffic records) of the aircraft,



(b)) of the messages pilots



(c)) acquired legal entity or natural person that is authorized to perform

maintenance and repair of products, parts and appliances under section 17,



d) obtained in investigating air accidents and incidents,



e) obtained from natural and legal persons, or from the administrative authorities,



(f)) to ban flight saved after checking the aircraft on the ramp

the airport in accordance with § 91a para. 5,



(g)), of the measures imposed by the operators of the aircraft, or received

the operator of the aircraft, leading to deficiencies of the technical

the State of the aircraft found during the inspections of the aircraft on the ramp

the airport in accordance with § 91a para. 5,



h) deficiencies of the technical condition of the aircraft,



I) on Exchange of information with the competent authority of the State in whose territory the

the operator of an aircraft registered office or place of business.



(3) the provisions of paragraph 1 shall not apply to State aircraft referred to in

the international treaty, which is part of the legal order of the ^ 1 h), and on the aircraft,

that does not serve commercial air transport, and whose maximum take off

weight of less than 5 700 kg.



(4) any person who has provided the information pursuant to paragraph 1 must at

the request transmitted to the authority. The authority shall set a reasonable time limit for the transmission of data.



(5) on the basis of the information referred to in paragraph 1, the authority will process without undue

delay message shall immediately transmit to the European Commission and, on request,

the competent authorities of the Member States of the European Union and the Agency. If

These data lead to the suspicion of a threat to the safety of flying, the authority shall

report promptly to the competent authorities of the Member States

and the European Commission.



(6) the Office's employees are obliged to maintain the confidentiality of the data

concerning the technical condition of the aircraft provided by the competent authorities of the

the Member States of the European Union. The obligation of professional secrecy shall

not apply to the mutual information between administrative authorities in the

ensuring the safety of flying.



(7) the report referred to in paragraph 5 lays down detailed legislation.



1 h) Convention No 147/1947 Coll. and n., on international civil aviation,

as amended. ".



Footnote # 1 h is referred to as a footnote

# 1i.



36. In § 13 para. 1 and 2, the words "of the aircraft and its components" shall be replaced by

the word "product".



37. In § 13 para. 2 (a). and the aircraft) the words "or approval of his

part of "shall be replaced by" product ".



38. In article 13, the following paragraph 3 is added:



"(3) the assessment and attestation of conformity of the properties of an air ground

devices in the development, design, manufacture, installation and operation for

the need of the Office to carry out the legal or natural person, who is this

the activities entrusted to the authority. ".



39. In article 14, paragraph 1 reads:



"(1) the authority may appoint a legal or natural person that



and) is technically and structurally equipped to assessment and attestation of conformity

properties or to the assessment and verification of airworthiness of products

or to check the airworthiness of products, or for the assessment and

verification of conformity of the properties of an air ground equipment in the development,

design, manufacture, installation and operation,



(b)) shall ensure that activities under (a)) were carried out by natural persons

professional competence, which have the obligation to maintain confidentiality of

classified facts and business secrets. ".



40. the heading of section 16 reads: "parts and appliances and air land

the device ".



41. In article 16(1). 1 the words "aeronautical products" shall be replaced by

"Parts and equipment, and aviation ground equipment."



42. In article 16(1). 1 the second sentence, the words "of aeronautical products"

replaced by the words "parts and appliances and air ground

the device ".



43. In article 16(1). 2, the words "of aeronautical products" shall be replaced by

"parts and appliances and aircraft ground equipment".



44. section 17, including footnote 1i No.:



"§ 17




(1) the development, design, manufacturing, testing, installation, maintenance, repair,

modifications and design changes, of products, parts and appliances, and

aircraft ground equipment for an implementing regulation may

to perform a legal or natural person who holds to this activity

authorisation issued by the authority or Agency, or by another Member State in accordance with

directly applicable legislation of the European communities) or recognised ^ 1i

According to a special legal regulation ^ 1 h).



(2) the Office grants permission under paragraph 1 a legal or natural person,

that meets the following requirements:



and has technical equipment) for the development, design, manufacture, installation,

repair, testing or maintenance of products, parts and appliances, and

aircraft ground equipment,



(b)) shall ensure that the development, design, manufacture, installation, repair,

testing or maintenance of products, parts and appliances and air

ground installations are carried out by qualified individuals.



(3) the details of the application for granting permissions on the development, design,

manufacture, installation, repair, testing or maintenance of the products,

parts and appliances and aircraft ground equipment, conditions for the granting of

permissions and expert knowledge of the natural persons who carry out the development,

design, manufacture, repair, testing or maintenance of the products,

parts and equipment and ground-based air device, lays down the detailed

legal prescription.



1I) Law No 18/2004 Coll., on the recognition of professional qualifications and other

eligibility of nationals of the Member States of the European Union and the

amendments to certain laws (law on the recognition of professional qualifications), as amended by

amended. ".



45. in paragraph 17, the following new section 17a to 17 d, including heading shall be added:



"TITLE III



MANAGEMENT OF AIRCRAFT ADDRESSES



§ 17a



(1) the Aircraft address is an electronic identification code, intended to

the international identification of aircraft, sports flying devices (section

81) and other devices laid down by an implementing Regulation (hereinafter referred to

"the coded device") for the needs of civil and military aviation.



(2) the Department of transportation shall exercise the management of aircraft addresses allocated

The Czech Republic international organization on the basis of international agreements,

that is part of the legal order of the ^ 1 h). The management of aircraft addresses

means the building plan the distribution of aircraft addresses (hereinafter referred to as

the "plan") and review the efficient use of allocated addresses as follows. Part of the

the plan concerning aircraft and coded device used for military

the purpose of the Ministry of transport shall draw up, in cooperation with the Ministry of

Defense.



(3) the Department of transportation plan shall determine the quantity of aircraft addresses for

the needs of civil aircraft, military aircraft, customs aircraft,

Sports flying device and encoded device.



section 17b



(1) the authority shall decide on the allocation of aircraft addresses on request



and the aircraft operator with the consent) of the owner of the aircraft, if it is not

at the same time the owner of the aircraft,



(b) the user's sports flying device) with the consent of the owner of the

the device if it is not at the same time the owner of the device, or



(c) the operator of an encoded device.)



(2) the issue of a decision on the allocation of aircraft addresses is free

capacity of aircraft addresses according to the plan, the allocation of registration marks or

writing sports flying device in the register sports

flying devices under section 84b or demonstrate the effectiveness of the allocation of

aircraft addresses for the coded device.



(3) can only be assigned to one aircraft carrier, the address, and it always just for

one aircraft, sport flying equipment or coded device.



(4) for the purposes of military aviation allocates and withdraws the aircraft addresses

According to the plan, the Ministry of defence. The Department of defense shall immediately notify the

allocation or withdrawal of aircraft addresses under the first sentence of the Office. For

the allocation and withdrawal of aircraft addresses Department of Defense pays

Similarly, the provisions of § 17b and 17 c.



(5) the requirements for an application on the allocation of aircraft addresses and list of documents

which the application must be accompanied by, lays down the law.



§ 17 c



(1) the operator of an aircraft, the user and the device sports a flying

the operator must use an encoded aircraft address in

accordance with a decision on its allocation. The Office shall monitor the use of it

allocated aircraft address.



(2) the operator of an aircraft, the user and the device sports a flying

the encoded device operator are required to immediately in writing

report of the Office changing the facts on the basis of which the aircraft

address allocated.



(3) the authority shall withdraw the address of the carrier



and deletion of aircraft) in the air register



(b)) in the deletion from the register of sports flying device referred to in section 84b,

or



(c) if it is not already given) the effectiveness of the allocation of aircraft addresses for coded

device.



§ 17 d



(1) the Office shall keep a list of all aircraft addresses allocated under the plan.

This list of the Office shall be in writing and in electronic form.



(2) the authority shall make the information from the list of allocated aircraft address

The Ministry of transport, the person responsible for the provision of air traffic

Services (section 46) and the person in charge according to § 82 para. 1 keeping

Sports flying device.



(3) the Office shall provide details of the allocated aircraft address list person

that proves a legal interest.



(4) the details and how the allocated aircraft address list management

down detailed legislation.



46. in paragraph 19, the following new section 19a, which including the title and notes

line no. 1j:



"§ 19a



Recognition of aviation personnel licence issued by another

Member State of the European Union



(1) the authority shall recognise the licence of a pilot, air Navigator and

the on-board engineer who issued in another Member State of the European Union, including the

related permissions under conditions equivalent to those laid down by the

This Act at the request of the holder. Condition of equivalence

is does not read in the case where an applicant for recognition of a licence of a pilot

satisfies the conditions laid down by the law of the European

Community ^ 1j).



(2) the Office shall decide on the recognition of the licence of a pilot, aviation

the Navigator and the on-board engineer, without undue delay, but not later than

within 3 months of receipt of the request.



(3) the authority may, within 3 weeks of receipt of the request for recognition of a licence

the eligibility of pilot, air Navigator and airborne engineer request

The European Commission for an opinion on the equivalence of conditions of release

a recognized certificate with conditions imposed by the law. If

The Office requested the European Commission to this opinion, shall decide on the recognition of

the licence within 30 days of its delivery. By the time of delivery

opinion of the European Commission in the first sentence of the procedure for the recognition of their

certificate of eligibility shall be discontinued.



(4) if the conditions under which it was issued by a recognized certification

the pilot, air Navigator and airborne engineer, are not equivalent to

conditions laid down in this Act, the authority will save applicants in the necessary

the extent of additional verification of professional competence, review health

proof of competence or integrity. Additional verification of the professional

eligibility will allow the applicant to execute without undue delay.



(5) the procedure referred to in paragraph 4 shall immediately inform the State which

He published the acclaimed pilot licence, an air Navigator and

the on-board engineer, and the European Commission.



(6) according to the results of the verification of professional competence, demonstrate

integrity or reviewing health card Office

the eligibility of pilot, air Navigator and airborne engineer must recognize

otherwise, the request will be rejected.



(7) the list of documents, which must be the request for recognition of the card

the eligibility of pilot, air Navigator and airborne engineer

documented, lays down the law.



(8) the holder of a pilot licence, the executing activity

aviation personnel rather than for a fee (hereinafter referred to as "private pilot"), which

the licence is issued by another Member State of the European Union, can make

flights by aircraft registered in a Member State of the European Union; the provisions of the

paragraphs 1 to 7 shall not apply in this case. The performance of the activities of the

a private pilot is limited to carrying out flights within the relevant class

type rating and flight rules for visibility by day and in

aircraft approved for single-pilot operation.



1J) Article. 4 and 5 in conjunction with the annex to Council directive of 16 June 1992. December

1991 on the mutual recognition of licences for the exercise of functions in civil aviation

(91/670/EEC). ".



47. In paragraph 2 of section 22, including footnote # 1 k:



"(2) medical fitness checks and medical opinion ^ 1 k) health

competency issued on the basis of a medical examination and other examinations

laid down in the implementing regulation, or of justified health

the status relationships, examining medical doctor

device.



1 k) § 77 para. 1 of Act No. 20/1966 Coll., on the health care of the people, as amended by

Act No. 285/2002 Coll. ".




48. In paragraph 22, after paragraph 2 the following paragraphs 3 and 4 are added:



"(3) for the purposes of Posuzujícím, a physician with this Act, the doctor

authorized by the authority or the authorized medical facility or physician

specified by the authority, unless this Act or successor of the implementing

legislation or regulation directly applicable European Community

provides that it is to assess the medical fitness shall be entitled to any

a general practitioner. The costs associated with the assessment of medical fitness and

the release of the medical report referred to in paragraph 2 shall be borne by the employer in the

the extent to which are not covered by public health insurance.



(4) the authority instructs the operator of medical equipment on the basis of the

a written request and after demonstrating the technical competence of its doctors and

Specifies the authorized operators of medical equipment on the basis of the

a written request and in agreement with the Ministry of defence and the Ministry of

health. ".



Paragraphs 3 to 9 shall be renumbered as paragraphs 5 to 11.



49. In paragraph 22 of the paragraph. 6, after the word "in", the words "or change".



50. in section 22, paragraphs 7, 8 and 9 are deleted.



Paragraphs 10 and 11 shall become paragraph 7 and 8.



51. In paragraph 22 of the paragraph. 7, the word "Opinion" is replaced by "Medical

testimonial ".



52. under section 22 the following new section 22a to 22 c shall be inserted:



"§ 22a



(1) the Department of transportation shall lay down to ensure the safety of the civilian

the implementing regulation of air traffic rules to determine the

maximum time in service, time of flight, flight time, the minimum

the requirements on rest including rest periods when crossing multiple time

zones, divided by principles of service, principles for the use of reinforced and double

the crew and the rules for determining the flight crew members of aircraft backup

(hereinafter referred to as "flight safety standard").



(2) air carriers and operators of aerial works shall, in accordance

with the flight safety standard way to specify the maximum amount of time in the service,

flight times, flight times, minimal requirements for relaxation including

rest periods when crossing multiple time zones, divided by principles of service,

principles for the use of reinforced and double the crew and the rules for

determining the standby crew members (hereinafter referred to as "safety

the flight standard operator ").



(3) the approval of the security standards of the flight operator, including its

possible amendments, before it becomes effective shall be decided by the authority at the request of

an air carrier or aircraft operator's work. Before the approval of the

the safety of the flight, the standards of the operator, the authority shall examine the internal system

control of the air carrier or aircraft operator works to

ensure its observance. In the event of serious deficiencies

the internal control system, the Office shall reject the application of an air carrier or

air operators work on flight safety standards approval

of the operator.



(4) in the case of a refusal of an air carrier for approval

the safety of the flight, the standards of the operator Authority shall initiate procedures to withdraw

an air carrier certificate. In the case of refusal, the operator

aerial works on the approval of flight safety standards of the operator

The authority shall initiate procedures to withdraw the licence to operate aerial works.



(5) the authority may approve, on a reasoned request, the air carrier

or operator of aerial works an exception from the flight safety standards

the operator for individual years.



section 22b



An air carrier or aircraft operator is obliged to work



and ensure compliance with the limits laid down) in accordance with the safety

the flight standard,



(b)) for at least 15 months to keep records of the time of service, time

flight, flight time and its one time and

its truncation,



(c)) within 28 days from the time of the extension of the maximum flight duty time on the

more than 1 hour or shorter rest periods of more than 1 hour

submit to the Office a copy of the record of the facts on the grounds.



section 22 c



(1) a crew member of an aircraft is required to



and flight safety standard) to comply with the operator,



b) keep records of it done by the time of service, the flight duty time

flight and its one, and about the time of rest and its truncation,



(c)) to submit to the air carrier or operator of aerial works

the records referred to in subparagraph (b)) before each flight performance, if the

the activity of the Member of the crew for more air carriers or

operators of aerial works.



(2) a member of the crew of the aircraft shall not conduct flight service, if you

aware that the influence of his current state of health of fatigue or could

endanger the safety of flight operations.



(3) the Commander is obliged to submit after their flight to an air

the carrier or operator of aerial works record for an extension of time

the flight service or shortening rest periods. ".



53. In paragraph 23 of the first sentence, after the words "military aviation staff"

the words "with the exception of the provisions of § 19a, 22a, 22b and 22 c".



54. In the fourth over of section 24 shall be replaced by:



' TITLE I



TYPES OF AIRPORTS ".



55. In section 24 paragraph 1 including the footnote # 1 l:



"(1) shall be divided



Depending on the equipment), the operating conditions and the basic destination airport



1. the national airport, which are designed and equipped to carry out

domestic flights, in which the State border is not exceeded,



2. international customs airports, which are designed and equipped to

the implementation of both domestic flights and flights, in which it is

exceeded the national borders of the United States; This, according to airport

the special regulation ^ 1 l) further divided to the airport with the inner border and

with the outer border of the airport,



(b)) according to the audience and the nature of the airport to the airport



1. civil airport, which are for the needs of civil aviation;

It is understood by a public airport, airports are within the limits

their technical and operational capacity, all aircraft and airport

private airports, which are based on the previous agreement

the operator or commander of an unlisted operator

Airport and within the limits of their technical and operational capacity of all

aircraft airplane airport users and laid down by the Office on the proposal of its

the operator,



2. the military airport, which are for the needs of the armed forces of the United

States and other legitimate users authorised by the Ministry of

Defense.



1 l) Act No. 216/2002 Coll., on the protection of the State borders of the Czech Republic and

amending some laws (law on the protection of national borders), as amended by

Act No. 480/2004 Coll. ".



56. In § 25 para. 1 the second sentence, after the words "international" words

"with the external boundary".



57. In article 25, paragraph 1, the following paragraph 2 is added:



"(2) when issuing the decision referred to in paragraph 1, which shall determine the airport

as the international airport with the external border, the Office is bound by the opinion of the

The Ministry of the Interior issued under a special legal regulation ^ 1 l).

If the Office receives the opinion of the Ministry of the Interior about the non-compliance with the safety

the terms of the international airport with the outer border by a special

^ Law 1 l), will initiate proceedings to change the type. ".



The former paragraph 2 becomes paragraph 3.



58. In article 25, the following paragraph 4 is added:



"(4) The public authorities shall ensure that the veterinary international airports

management of veterinary check at the border inspection post, if it

shall be approved by the competent authority of the European Community. ".



59. under section 25 shall be added to § 25a, which including the title reads as follows:



"TITLE II



OPERATION OF AN AIRPORT



§ 25a



Obligations of the owner of the public airport



(1) the owner of a public airport is obliged to ensure the operation of the airport.



(2) if the owner of the public airport to ensure the operation of the airport,

is obliged to offer the airport to ensure the operation of the State.

A written bid serves public airport owner Ministry of transport

within a period of 60 days from the date of the facts in the first sentence

learned but not later than 60 days prior to the termination of the operation of the airport,

If it is not at the same time the airport operator.



(3) if required by the public interest, the Department of transportation shall ensure

the operation of the public airport on the basis of a written contract concluded with the

the owner of the airport after the time that the owner of the airport is not able to

to ensure its operation on its own or through another

operator. ".



60. In section 27 para. 1 in the second sentence after the words "the authority on the basis of" is inserted

the word "written".



61. In § 30 paragraph 2. 1 (b). a), the words "business name" shall be replaced by

"the business name or name".



62. In § 31 para. 1 at the end of the text of subparagraph (c)) the following sentence "if it

the operator of international public airport, such period shall

twelve months. ".



63. section 32, including footnote 2a is added:



"§ 32



(1) the authority shall, on the written request of the operator of an airport or airline

carriers, taking in the preceding calendar year more than

half of the take-off or landing at the airport, or on its own

the complaint specifies a directly applicable under the conditions laid down in regulation


Of the European communities ^ 2a) operated as the airport with the airport

a schedules facilitated or coordinated airport. In the case of submission of the application

The European Commission according to the directly applicable European legislation

Community ^ 2a) the authority shall act reasonably. Requirements for an application

the operator of an airport or air carrier under the first sentence lays down

the implementing legislation.



(2) for the coordinated airport shall entrust the Authority, under the conditions laid down directly

the applicable law of the European communities ^ 2a), free

slots, the air carriers and the supervision of their use

a natural person with permanent residency in the Czech Republic or a legal

a person with a registered office in the Czech Republic (hereinafter referred to as "Coordinator"). Coordinator

ensure that within 3 months of their credentials, and under the conditions laid down

directly applicable European Community law ^ 2a) the provisions of the

the Coordination Committee as an advisory body to the Coordinator.



(3) the Coordinator shall allocate the slots on the basis of a written

application in accordance with regulation directly applicable European

Community ^ 2a). Particulars of the application lays down detailed legislation.



(4) the Coordinator is required to be no later than at the beginning of the performance of their

the activities of the insured in case of liability for damage caused by performance

This activity.



(5) For schedules facilitated airport shall entrust the Authority, under the conditions

laid down by a regulation of the European communities directly applicable ^ 2a),

evaluation of the schedules of air carriers and the issue with the

the related recommendation of the natural person resident in the United

Republic or a legal person with a registered office in the Czech Republic.



2A) of Council Regulation (EEC) No 95/93 of 18 January. January 1993 on common

rules for the allocation of slots at Community airports ".



64. in paragraph 34, the following new section 34a-34 c, including the title as follows:



"Certificate of competency of the airport



§ 34a



(1) the operator of a public international airport must have at the date of

the commissioning of the airport certificate qualifications (hereinafter referred to as

the "certificate").



(2) a certificate issued by a decision of the authority on the basis of a written application

the airport, whose annex is a document drawn up by

the airport operator, which includes technical and operational details of its

operated by the Airport ("airport"). The operator

the airport continuously records the changes in all the Airport Guide

the facts mentioned in it.



(3) at the request of public domestic airport, the authority may

issue a certificate for this kind of airport.



(4) the details of the airport's Guide lays down detailed legislation.



§ 34b



(1) upon certification of the Airport Authority checks whether all equipment,

equipment, operating procedures and safety management system on

osvědčovaném airport, as well as the air services provided on this

the airport, to be placed in airport guide, are in accordance with the air

regulations. The Office also checks whether the airport operator and airport

staff, bringing in a facilitator's Guide, meet the requirements of professional

eligibility for airport operations and maintenance provided for air

regulations.



(2) the issue of a certificate, the authority shall decide, within one year of the request.



(3) an appeal against a decision rejecting the application for the issue of certificates

does not have suspensory effect.



(4) in the case of a decision to reject an application for the issue of certificates

the Office will initiate a procedure to change the type of the airport. The appeal against the decision on the

change the type of the airport does not have suspensory effect.



§ 34 c



(1) the operator of an airport shall notify the Office in writing by changes in the facts

listed in the airport guide within five days from the date of the change

These facts occurred. This notification shall be accompanied by the operator

Airport record of changes in airport guide.



(2) in the case of non-compliance with the conditions laid down for certifying airport

the Office will initiate a procedure for suspension or withdrawal of the certificate.



(3) in the case of suspension of the validity of the certificate shall be the operator

Airport to the deficiencies and set a time to

a reasonable period, which may not exceed a period of suspension of

the certificate. Validity of the certificate may be suspended for a maximum period of six

months. In the case that the airport operator will not remove the detected

deficiencies within the prescribed period, the Office will initiate the procedure for the withdrawal of the certificate.



(4) an appeal against a decision to revoke a certificate does not have suspensory effect.



(5) in the case of a decision to revoke a certificate, the authority shall initiate the procedure for

change the type of airport. The appeal against the decision to change the type of airport

does not have suspensory effect. ".



65. In part four, over the words "section 35", the words:



"TITLE III



AREAS INTENDED FOR TAKEOFFS AND LANDING, AND THE AIR OF THE BUILDING. "



66. In the fourth, the title of section 37 shall be replaced by:



' TITLE IV



THE PROTECTION ".



67. § 37 including heading and footnote 4a is added:



"§ 37



Protective zone



(1) buildings shall be set up around the air protection. Protective zone

arise on the date of acquisition of legal power of the territorial decision about the protection zone.

The establishment of the protection zone is to require the consent of the authority.



(2) the protection of aeronautical structures are divided into protection



a) airports and



(b) air ground installations).



(3) the protection of airports is divided into protection



and the banning of buildings)



(b)) with height restrictions of buildings,



(c)) to protect against dangerous and misleading lights,



(d)) with a limitation of buildings the air high voltage power lines and very high

voltage,



e) noise ^ 4a) and



(f)) for ornithology.



(4) the protection of aviation security equipment is divided into

protective zone



and radio navigational aid equipment and)



(b)) light device.



4A) Act No. 258/2000 Coll., on the protection of public health and amending

some related laws, as amended.



Government Regulation No. 502/2000 Coll., on the protection of health from the adverse

effects of noise and vibration, as amended by Decree-Law No 88/2004 Coll. ".



68. section 38 and 39 shall be deleted.



69. In paragraph 40, the words "the protection zone and protection zone"

replaced by the words "protection zones" and at the end the words "and

won't work if the object requiring protection against noise ".



70. In paragraph 41, after the word "Authority" the words "and the Ministry of defence".



71. In paragraph 41 (c). and the number "100)" is replaced by "75".



72. In paragraph 41 (c). (b)), the figure ' 100 ' is replaced by "75".



73. In paragraph 41 (c). (c)), after the words "may", the words "compromise

air traffic safety or "and the words" energy devices "

the words "wind power".



74. In paragraph 41, the existing text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the transmission system operator 110 kV cables and devices, and more

(hereinafter referred to as "leadership") shall, at the request of the person in the context of

the subject of your business or activity produces Cartographic

the representation of the transmission system operator management, communicate in an appropriate form to the current

the geographical coordinates of the location of the electrical conduction and structure drawing

route the wiring between them. ".



75. In paragraph 42 the first sentence after the word "previous" is inserted after the word

"evidence" and the third sentence shall be inserted after the phrase "owner of the property is

obliged to suffer the restrictions of ownership rights to their property in the performance of

These permissions. ".



76. in paragraph 42, the following new section 42 to 42 c, including title and

footnotes # 4b to 4 d are inserted:



"HEAD IN THE



OPERATIONAL RESTRICTIONS TO REDUCE NOISE AT THE AIRPORT



section 42a



Operational restrictions to reduce noise at the airport means the measures

restricting access subsonic jet aircraft

take-off weight of 34 tonnes and above or with the total number of seats for

more than 19 passengers at the airport or the restriction of their use on the

the airport.



section 42b



(1) where, in the long term exceeded the health levels laid down

special legislation ^ 4a), the Department of transportation shall issue a decision on the

the introduction of operating restrictions to reduce noise at the airport ensure in

preceding calendar year, more than 50 000 take-offs and landings

subsonic jet aircraft a year.



(2) the basis for the decision referred to in paragraph 1 is the report on noise

the situation at the airport or opinion according to a special legal

^ Regulation 4b). A report on the noise situation at the airport processes for every 2

calendar years the airport operator and send it to the Ministry of transport to

30 June of the year following the end of the second calendar year,

the report about the noise situation at the airport concerned.



(3) the Department of transportation when the decision takes into account the



and the benefit of operating restrictions) to reduce noise at the airport and in its

protection zones pursuant to § 37, and under special legislation ^ 4 c),



b) projected cost for the introduction of operating restrictions to reduce the

noise at airports and their effect on the operation of the airport.



(4) the decision must be published for a period of 15 days from the date of final

the decision on the notice board of the Ministry of transport and without undue

delay also in the aeronautical information manual, but no later than 2 months


before the Conference of the International Air Transport Association

the schedules.



(5) it is necessary to prevent the crossing of hygienic limits laid down by

paragraph 1, the Ministry of transport of the decision to restrict the operation of aircraft

determined according to the legislation of the European communities ^ 4 d) (hereinafter referred to as

"the designated aircraft") at the airport, to a complete ban on their use.

While the Ministry of transport will take into account the nature of the operation of the aircraft,

If it is of an exceptional nature, or in the case of flights for the purpose of reconstruction,

repair or maintenance of the aircraft.



(6) the decisions referred to in paragraph 5, the Department of transportation will limit the number of

takeoffs and landings at the airport, the aircraft designated for a period of 6 months after the

the decision, so that the number of takeoffs and landings intended

aircraft at that airport was not higher than in the same period of the previous

of the calendar year. Soon as possible after the expiry of 12 months after the final

decision pursuant to paragraph 5 of the Ministry of transport in it limits the number of

takeoffs and landings at the airport, the aircraft designated but not more than 20 per year

percent of the total number of take-offs and landings each operator for

the previous calendar year. If the beginning of the operational restrictions to

in the course of a calendar year, the Ministry of transport will limit the number of take-offs and

the intended landing of aircraft in this calendar year in proportion to the amount of the

referred to the maximum extent.



(7) the decision referred to in paragraph 1 shall send to the Department of transportation after the acquisition of the

legal force without undue delay, the European Commission and the other Member

States of the European Union.



(8) the details of the report on noise situation at the airport lays down detailed

legal prescription.



section 42 c



(1) on the designated aircraft registered in designated countries meeting

the requirements for the type-approval of the aircraft provided for in an international agreement,

that is part of the legal order, does not apply to section 42b,



and) if operated at the airport during the period from 1. January 1996 to 31 December 2000.

December 2001 and



(b)) If after 31 December 2006. December 2001, the operator is a natural person with permanent

residents or legal person established in the specified country.



(2) the list of designated countries lays down detailed legislation.



4B) Act No. 100/2001 Coll., on the assessment of the effects on the environment and on the

changes to some related laws (Act on environmental impact assessment

the environment), as amended by Act No. 93/2004 Coll.



4 c) section 31 of Act No. 258/2000 Coll., on the protection of public health and amending

some related laws, as amended.



4 d) Article. 2 (a). (d)) directive of the European Parliament and of the Council 2002/30/EC of the

on 26 April. March 2002 on rules and procedures for the introduction of operating

to reduce the noise limits at Community airports ".



77. In part four, over the words "section 43" the words "TITLE VI".



78. In the title of part five shall be added the words "and air service".



79. In the fifth over the words "section 44", the words:



' TITLE I



THE USE OF AIRSPACE OF THE CZECH REPUBLIC. "



80. In article 44 paragraph 3 reads:



"(3) use of the airspace of the Czech Republic to flying may limit the

or disable



a) Habitat for providing air traffic services specified by the Office

in the agreement with the Ministry of defence does not exceed the time limit or prohibit

24 hours,



(b)), the Office in agreement with the Ministry of Defense, if the period exceeds the limitation or

the ban for 24 hours, but does not exceed 15 days,



(c)), the Office in agreement with the Ministry of defence, and after consultation with the organisations

sdružujícími in the Czech Republic air operators and

General aviation operators who collectively in the Czech Republic

at least 500 aircraft operate, if the time exceeds the limit or ban 15

days, but does not exceed 3 months



(d)) the Government, if the time exceeds the limit or ban 3 months. ".



81. In paragraph 44, paragraph 4 reads:



"(4) permanent or long-term establishment of areas with restricted or prohibited

air traffic and airspace allocation provides for implementing

law of the Ministry of transport, after consultation with the Ministry of

Defense and sdružujícími organisations in the Czech Republic, the operator

air transport and aircraft operators of general aviation in the

The Czech Republic at least 500 aircraft operate collectively. "



82. In the fifth over the words "§ 45", the words:



"TITLE II



AIR SERVICES



Part 1 ".



83. In the fifth, the title of section 46 are replaced by:



"Part 2



Air traffic services ".



84. In paragraph 46, the words "Ministry of transportation and communications" shall be replaced by

"The Office".



85. In paragraph 48, the words "Ministry of transportation and communications" shall be replaced by

"The Office".



86. In the fifth over of section 49 shall be replaced by:



"Part 3



Airline telecommunications services, air weather service, the air

information services, service in the pre-flight and flight monitoring and

air force search and rescue service ".



87. In § 49 paragraph 1. 1 the first sentence, the words "of the Ministry of transport and communications"

shall be replaced by the word "Authority".



88. In § 49 paragraph 1. 1 the second sentence, the words "Ministry of transportation and communications"

shall be replaced by the word "authority".



89. In § 49 paragraph 1. 2 the words "Ministry of transportation and communications" shall be replaced by

the words "Ministry of transport".



90. in § 49 paragraph 1. 2 the first sentence, the words "Ministry of transportation and communications"

replaced by the words "Ministry of transport" and in the first sentence, the following sentence

"The details of the mutual cooperation in the provision of air services

Search and rescue the agreement concluded between the Ministry of transport,

The Ministry of Defense and Ministry of Interior ".



91. In the fifth over to § 49a is inserted:



"Part 4



Air navigation services ".



92. in paragraph 49, the following new section 49a, which including the footnotes # 5a

-5f:



"§ 49a



(1) the provisions of § 46, 48 to 49 shall not apply to the provision of air

navigation services by directly applicable European legislation

Community ^ 5a).



(2) the authority may authorize the provision of air navigation services

the legal entity that is the holder of a certificate issued by directly

of the applicable legislation of the European communities ^ 5b), unless otherwise specified in this

directly applicable provision otherwise. For the obligations of the person in charge of

provision of air navigation services, the provision of section 47 uses

by analogy.



(3) the authority granted credentials to the provision of air navigation services

be cancelled if the person



a) ceased to be the holder of a certificate referred to in paragraph 2,



b) fulfil the obligations referred to in paragraph 2, or



(c)) of the withdrawal requested credentials.



(4) the person responsible for the provision of air navigation services shall make available

operational details, if provided for by a directly applicable regulation of European

Community ^ 5 c) Ministry of transport and the Office.



(5) the authority provides for a statement of functional airspace blocks,

If provided for by a directly applicable regulation of the European communities ^ 5 d).



(6) the authority shall submit to the European Commission in the field of the provision of air

navigation services annual reports directly to the applicable prescription

Of the European communities ^ 5e). To this end, the Office is entitled to demand

information from the persons responsible for the provision of air navigation services.



5A) European Parliament and Council Regulation (EC) No 549/2004 of 10 February 2004.

March 2004 laying down the framework for the creation of a single

European sky (the framework regulation).



European Parliament and Council Regulation (EC) No 550/2004 of 10 February 2004.

March 2004 on the provision of air navigation services in the single

European sky (the service provision Regulation).



5B) European Parliament and Council Regulation (EC) No 550/2004 of 10 February 2004.

March 2004 on the provision of air navigation services in the single

European sky (the service provision Regulation).



5 c) Article. 13 of the European Parliament and Council Regulation (EC) No 550/2004 of the

day 10. March 2004 on the provision of air navigation services in

the single European sky (the service provision Regulation).



5 d) Article. 5 European Parliament and Council Regulation (EC) No 551/2004 of the

10 March 2004 on the organisation and use of airspace in the single

European sky (the airspace Regulation).



5E) European Parliament and Council Regulation (EC) No 549/2004 of 10 February 2004.

March 2004 laying down the framework for the creation of a single

European sky (the framework regulation).



European Parliament and Council Regulation (EC) No 551/2004 of 10 February 2004.

March 2004 on the organisation and use of airspace in the single

European sky (the airspace Regulation). ".



93. In the fifth over to § 49 b shall be inserted:



"Part 5



Service when handling the public airport ".



94. section 49b:



"§ 49b



(1) service when you check-in process at a public airport ^ 5f) (hereinafter referred to as

"Terminal Services"), you may need to provide for a foreign legal person,

natural person, including the air carrier and aerodrome operator; only

an air carrier may provide those services for their own use.



(2) check-in service can be provided on the basis of the consent granted

By the authority.



5F) § 16a para. 7 Decree No. 108/1997 Coll., implementing Act No.

49/1997 Coll., on Civil Aviation, and amending and supplementing Act No.

455/1991 Coll., on trades (Trade Act), as amended by

amended, as amended by Decree No 101/1999 ".



95. In article 49 c of paragraph 1. 1 the words "Ministry of transportation and communications" shall be replaced by

the word "authority".




96. In article 49 c of paragraph 1. 1, letter a) is added:



") is a natural person with permanent residency in the Czech Republic, or

a legal person with a registered office in the Czech Republic ".



97. In section 49 c para. 1 (b). (b)), the number "21" is replaced by "18".



98. In § 49d, the word "a" is replaced by "49b 49 c".



99. In section 49f para. 1 the words "Ministry of transportation and communications" shall be replaced by

the word "authority".



100. In paragraph 49 g para. 1 the words "Ministry of transportation and communications" shall be replaced by

the word "authority".



101. In paragraph 49h paragraph. 1 and 3, the words "the" and "49e 49f" are replaced by the words "49f" and

"49 g".



102. In paragraph 49h paragraph. 1 and 2, the words "Ministry of transportation and communications"

shall be replaced by the word "authority".



103. In paragraph 49h paragraph. 1 at the end of the following sentence "on the measures and

the reasons for the authority at the same time it shall inform the European Commission,

not later than 3 months before the implementation of these measures. If The European

the Commission said opposition to these measures, the Office, these measures will change the

or revoked. ".



104. In section 49i is 49e words "" and "" are replaced by the words "49f 49f 49 g" and "".



105. In section 49i, the words "Ministry of transportation and communications" shall be replaced by

"The Office".



106. In paragraph § 49j 1 and 3, the words "Ministry of transportation and communications"

shall be replaced by the word "authority".



107. In paragraph § 49j 1, 4 and 5, the words "the" and "49e 49f" shall be replaced by

"" and "49f 49 g".



108. In paragraph § 49j 2, the word "a" is replaced by "49b 49 c".



109. In paragraph § 49j 2 at the end of the following sentence "conditions and procedure

selection procedure the authority passes to the publication in the official journal of the EU. "



110. In paragraph § 49j 5, the word "a" is replaced by "49a 49b."



111. In paragraph 49k paragraph. 1 and 2, the words "Ministry of transportation and communications"

shall be replaced by the word "authority".



112. In paragraph 49k paragraph. 1 the words "" and "49e 49f" are replaced by the words "49f" and

"49 g".



113. In paragraph 49k paragraph. 1 (b). (c)), the words "Ministry of transportation and communications"

replaced by the words "Ministry of transport".



114. In § 49l, the word "a" is replaced by "49b 49 c".



115. In article 49l, the words "to the Ministry of transport and communications" shall be replaced by

"The Office".



116. In paragraph 49, the words "Ministry of transportation and communications" shall be replaced by

"The Office".



117. In paragraph 49, the word "49k" shall be replaced by the word "the" 49l ".



118. In the fifth paragraph 50 above the words "TITLE III".



119. In § 50 para. 1, the defense is inserted after "training".



120. In paragraph 51, the following paragraph 3 is added:



"(3) for details on mutual coordination and synergies in the provision of

air traffic services or merged air traffic services

the agreement concluded between the authority and the Ministry of defence. ".



121. In paragraph 52 of the second sentence, the words "unless it compromised" shall be replaced by

"if they are not at risk."



122. In paragraph 52 of the second sentence, the words ' shall be added at the end, buildings and persons on

Earth and the environment ".



123. In the fifth, the title of section 55 shall be replaced by:



' TITLE IV



INVESTIGATING AIR ACCIDENTS AND INCIDENTS AND REPORTING ".



124. section 55:



"§ 55



(1) the Air accident is an event associated with the operation of the aircraft, to which

Since the time of the commencement of any person in the aircraft in order to fly

until the appearance of any person, and that



and) fatal or serious injury to any person as a result of



1. the presence in the aircraft,



2. direct contact with any part of the aircraft, including parts which

separated from the aircraft, or,



3. direct the action of gas stream generated by an aircraft,



except when the injuries are from natural causes, or

It was caused by the injured or another person, or if the

the injured person was hiding outside the areas normally available

passengers or crew of the aircraft,



(b)) was a plane destroyed or damaged so that the adverse

influenced by the strength of the structure, performance or flight characteristics of the

aircraft, and referred to requires a larger repair or the replacement of destroyed or

damaged parts, with the exception of the fault or damage to the engine, its cover

or accessories, or if there is damage to the peripheral parts of the wings,

propellers, antennas, tyres, brakes, aerodynamic covers or to small

vrypům to cover aircraft or penetrating, or



(c)) the aircraft is missing or is inaccessible.



(2) the Incident is an occurrence, other than accident associated with the operation

the aircraft, which can affect the safety of air navigation.



(3) serious incident is an incident whose circumstances indicate that a

There was almost an accident.



(4) flight recorder is recording equipment installed in the aircraft, which

is used to obtain data to facilitate the discovery of the causes support

accidents or incidents.



(5) safety recommendations is a proposal for measures to prevent the air

accidents and incidents based on information derived from the professional

finding the causes of the accident or incident.



(6) for the purposes of Event Reporting operational interruption, defect, fault

or other extraordinary circumstance that affects or could affect the

flight safety and that has resulted in an accident or serious

the incident.



(7) the definition of death and serious injuries, the types of accidents and

incidents, the way their reporting details of the investigation

each species of air accidents and incidents, measures to

the prevention and the list of the events referred to in paragraph 6 lays down detailed legal

prescription. ".



125. In section 55a paragraph 1. 1 the term "professional" is replaced by "professional".



126. In section 55a paragraph 1. 1 the term "technical" be deleted.



127. In section 55a paragraph 1. 1, the second and third sentences are replaced by the phrases "the Institute

collects and analyzes information on accidents and incidents,

Specifies the causes and formulate conclusions and the safety recommendations to

their prevention. The Institute also collects, processes, evaluates and

holds the details of the reported events. Survey on the situation and its conclusions,

the safety recommendations, or event messages may not deal with the

the evaluation or assessment of guilt or liability. ".



128. In section 55a paragraph 1. 2, after the word "Institute", the words ", which

staff of the Institute, are always ".



129. In section 55a paragraph 1. 2, letter c) the following point (d))

added:



"d) access to the results of examination of the bodies of victims or of tests made on

samples taken from the bodies of the victims, ".



Subparagraph (d)) to (f)) are known as the letters e) to (g)).



130. In section 55a paragraph 1. 2 (a). (e)), the part of the sentence "and tests made on

samples taken from their tissues "is deleted.



131. In section 55a paragraph 1. 2 (a). (f)), the word "interrogation" is replaced by

the "explanation".



132. In section 55a paragraph 1. 2, letter e) the following new subparagraph (f)), which

added:



"(f)) immediate access to the results of the tests carried out on samples

taken from tissues of the air staff ".



Subparagraph (f)) to (g)) shall become points (g) to (h)).)



133. In section 55a paragraph 1. 2 (a). g), the words "witnesses" are replaced by

the words "requesting explanations from the people".



134. In section 55a paragraph 1. 2 (a). (h)), after the words "relating to" the following Word

"air" and after the word "accident" shall be inserted the words "or of the incident".



135. In section 55a, the following paragraphs 3 to 7, including the notes below

line no. 5 g shall be added:



"(3) the Institute's Inspectors in the performance of their permissions, in addition to

obligations under section 55b of paragraph 1. 4 and § 55 c shall



and the card Inspector) demonstrate, the model provides the Ministry of

transport regulations,



b) maintain confidentiality of the facts, which they learned in

connection with the performance of permissions referred to in paragraph 2 (a). (d)).



(4) the Institute shall cooperate with the authorities for the coordination of the permanent folders

the integrated rescue system ^ 5 g) in investigating air

accidents and removal of their consequences. In the place of air accident inspectors

The Institute shall cooperate with the Commander of the intervention of the ^ 5 h) in the course of the implementation of the

rescue and liquidation work. Commander of the action will take into account when choosing the

tactics of intervention to the need for preservation of evidence necessary for the professional

determine the cause of accidents according to the proposal of the inspectors of the Institute.



(5) when the professional investigating air accidents and incidents, which

relate to civil and military aviation, the Institute shall cooperate in

to the extent necessary with the Ministry of Defense.



(6) the Institute cooperates with authorities or bodies of the other Member

States of the European Union in order to provide



and) apparatus, facilities and equipment for the



1. the technical survey the wreckage and aircraft equipment and other objects

important for investigating air accidents and incidents,



2. evaluation of information from the flight data recorders,



3. memory record and evaluation of computer data about accidents,



(b) training specialists) investigating air accidents and incidents

to perform specific tasks in a case where the technical survey

started as a result of the great causes of the accident.



(7) if provided for by an international agreement, which is part of the legal

procedure, the procedure of the Institute in accordance with § 55-55 c Similarly, even outside the territory of the

The United States in



and) specialized investigating air accidents aircraft registered in

Register, if it is not carried out by another State,



(b)) the professional investigating serious incidents of aircrafts registered in

Register of registered or operated by physical person with

permanent residency in the Czech Republic or a legal person established in the


The Czech Republic, if they are not carried out by another State.



5 g) of section 5 of Act No. 239/2000 Coll., on the integrated rescue system and about the

amendments to certain laws, as amended by Act No. 320/2002 Coll.



5 h) section 19 of Act No. 239/2000 Coll. ".



136. In section 55b of paragraph 1. 1 the words "the Minister of transport and communications" shall be replaced by

the words "Minister of transport".



137. In section 55b of paragraph 1. 2 the second sentence, the words "of the aircraft and its components"

replaced by the words "product of" and the words "airworthiness"

the words "parts and appliances and aircraft ground equipment".



138. In section 55b of paragraph 1. 3, the words "of the Ministry of transport and communications" shall be replaced by

the words "Ministry of transport".



139. In section 55b paragraph 4 is added:



"(4) of any accident or incident which, according to the

This Act, the inspector must Institute detected, without undue delay,

process the message that must contain safety recommendations, if

It's a good idea. The report shall be published by the Institute within 12 months from the date of

accident or incident in a way allowing remote

Access ^ 1 d). ".



140. under section 55b, the following new section 55 c and 55d are inserted:



"§ 55 c



The reports and the safety recommendations given in section 55a paragraph 1. 1 shall be transmitted to the

The Ministry of transport, the authority and the persons who could benefit from the

its findings with regard to the security of civil aviation. Copies of reports and

safety recommendations shall be forwarded to the European Commission.



§ 55d



(1) Every accident or incident in the territory of the Czech Republic is

the operator or pilot of the aircraft, or the operator of air services

shall without undue delay notify the Institute and the Office.



(2) the class of persons required to report under section 55 events Institute of para. 6

down detailed legislation.



(3) the information provided under paragraph 2, leads the Department in electronic format.

The Institute will make available this information to the competent authorities of the Member States of the European

Union and the European Commission. If necessary, the Institute shall notify the led data

the competent authority of the Member State of the European Union, on whose territory the

event occurred, in whose register is an aircraft which is

event refers to, registered on the territory of this aircraft was made, or

the operator of this aircraft which has been issued a license to operate a

commercial air transport.



(4) the Institute shall keep the information provided under paragraph 2, after the liquidation of

any personal data relating to the person submitting the report,

and after the liquidation of the technical information that may lead to the identity

the reporter, or third parties.



(5) the Institute published annually in a way allowing remote

Access ^ 1 d) a comprehensive safety review containing information about events

reported by the Institute for the past year. ".



141. In paragraph 56, at the end of paragraph 1, the words "for consideration".



142. In § 56 paragraph 2 reads as follows:



"(2) the commercial air services may be operated only under the license

issued by the Office. ".



143. paragraph 57, including the title.



144. section 58, including footnote No. 5j:



"§ 58



(1) the authority shall issue, in accordance with regulation directly applicable European

Community ^ 5i) license to operate a commercial air transport

upon request, under the following conditions:



and) a natural person and a responsible representative, if appointed, was achieved

18 years of age, are eligible for full legal capacity, high integrity and at least

one of them is competent,



(b)) all natural persons who are the statutory body of the legal entity

of the person or members of the Board, have attained the age of 18 years, are

eligible legal capacity, good repute and at least one member of the statutory

the authority or responsible agent of an entity meets the condition of professional

eligibility,



(c)) the applicant demonstrates that he meets the conditions directly applicable

Regulation of the European communities ^ 5i).



(2) the requirements for an application for the issue of a licence and the documents that must be to

applications demonstrate, lays down the law.



5I) Council Regulation (EEC) No 2407/1992 of 23 December 2003. July 1992 on

licensing of air carriers ".



145. section 61, including the title.



146. In paragraph 62, the words "Ministry of transportation and communications" shall be replaced by

"The Office".



147. In paragraph 63, the words "Ministry of transportation and communications" shall be replaced by

"The Office".



148. In paragraph 64, the words "Ministry of transportation and communications" shall be replaced by

"The Office".



149. In paragraph 64 (a). (c)), the words "which is bound by the Czech Republic"

replaced by the words "that is part of the legal order."



150. section 65 including the title reads as follows:



"§ 65



Withdrawal of licence



The authority shall withdraw the licence if the licensee



and a serious breach of obligations) established by this Act, or

directly applicable European Community law ^ 5j)



(b)) does not comply with conditions set out in the license, or



(c)) of the withdrawal of the licence. ".



151. In paragraph 66, the letter a) is repealed.



Subparagraph (b)), and (c)) shall become letters and) and (b)).



152. In paragraph 66 (b). (b)), the words "of the Ministry of transport and communications" shall be replaced by

the word "Authority".



153. In section 67 para. 1, the first sentence shall be deleted and the second sentence shall be deleted;

the word "domestic".



154. In section 67 para. 2, in the introductory sentence, the words "domestic".



155. In paragraph 67, after paragraph 2 the following paragraph 3 is added:



"(3) the certificate shall be withdrawn by the authority of the air carrier, the air ceases to

the carrier comply with the conditions referred to in paragraph 2. '.



The former paragraph 3 shall become paragraph 4.



156. In § 68 para. 1 the word "Domestic" be deleted and the word "air"

replaced by the word "Air".



157. In § 68 para. 1 (b). (b)), the words "to the Ministry of transport and communications"

shall be replaced by the word "Authority".



158. In § 68 para. 1 (b). (b)), the number "15" is replaced by "10".



159. In § 68 para. 1 c) to (g)):



"(c)) to notify at least 20 days in advance of the Office begin regular trading

air transport, which has a valid license,



(d) not later than 3 days) to notify in advance the authority begin irregular business

air transport, which has a valid license,



e) to notify the Office within 24 hours of interruption or cessation of commercial air

transport, which has a valid license,



(f) withdrawal of licence) when you provide at his own expense the carriage of passengers,

baggage, animals, goods and mail, to which it is committed,



(g)) at the date of commencement of commercial air transportation to declare to the transport

conditions. ".



160. In article 68, paragraph 2 shall be deleted.



The former paragraph 3 shall become paragraph 2.



161. In § 68 para. 2, the words "to the Ministry of transport and communications" shall be replaced by

the word "Authority".



162. In paragraph 68, paragraph 2, the following paragraphs 3 to 7 of that

including the footnotes # 5j and 5 k:



"(3) the air carrier is also obliged to in order to improve border

controls and fight against illegal immigration pass unit

Police of the Czech Republic, which is under a special legal

prescription ^ 5j) responsible for the implementation of border controls at the airport, on the

his request electronically, and in case of failure in any other way,

passengers who exceed the outer limit of ^ 1 l), and immediately

After receipt of the request, but no earlier than after their onset of all

passengers on the plane.



(4) Transmitted the information referred to in paragraph 3 are:



and) name (s) and last name,



(b)) the day, month and year of birth,



c) country of citizenship,



d) number and type of travel document, which the passenger has shown



(e)) the point of entry into the territory of the Czech Republic,



(f)), the flight number,



(g)), the date and time of departure and arrival,



h) initial instead of joining to the carriage



I) the total number of passengers carried by the appropriate flight.



(5) the air carrier is obliged to inform the passengers in accordance with special

^ 5 k law) on the collection and processing of the data referred to in paragraph

3.



(6) the air carrier will carry out disposal of personal information about passengers,

which have been collected for the purpose of compliance with the obligations referred to in paragraph 3,

within 24 hours after the landing of the aircraft, which were in the territory of the Czech Republic

these passengers transported.



(7) the processing of personal data is governed by special legislation ^ 5 k).

The rights and obligations of an air carrier and passengers concerning the protection of

the personal data provided for specific legislation are not

the provisions of paragraphs 3 to 6.



5J) Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and

amending certain laws, as amended.



5 k) Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain

laws, as amended. ".



163. section 69, including footnote # 5 l:



"§ 69



(1) the police of the Czech Republic makes the disposal of personal information

provided for in § 68 para. 3 within 24 hours after receiving it, if the

does not use this personal information to fulfill the task set by the Special

legal regulation.



(2) the rights and obligations of the police of the Czech Republic concerning the protection of

the personal data provided for specific legislation ^ l) are not

the provisions of § 68 para. 3 and § 69 para. 1.



5 l) Act No. 101/2000 Coll., as amended. Act No.

283/1991 Coll., on the police of the Czech Republic, as amended

regulations. ".



164. section 70 including title and footnote # 5 k:



"§ 70



International commercial air transport



(1) an air carrier that wishes to engage in international business


air transport, must have this commercial air transport operations

permission of the foreign State to which has to be an international commercial air

service is operated. On the issue of operating permissions must air

the carrier may request the competent authority of the foreign State. The intention to make a request for

the competent authority of a foreign State shall consult the air carrier without undue

delay with the Ministry of transport.



(2) an air carrier that wishes to engage in international business

air transport on the basis of an international agreement, which is part of the

the rule of law, must have this commercial air transport, in addition to

operational permission under paragraph 1 is granted at the same time conveying the right.



(3) the transport right means the right of an air carrier by directly

of the applicable legislation of the European communities ^ 5j) operate

international commercial air transport at the specified line.



(4) international commercial air services between the Member States of the European

Union governs the directly applicable European Community regulation ^ 5 m).



5 m) Council Regulation (EEC) No 2408/1992 of 23 December 2003. July 1992 on

access for Community air carriers to air routes inside

Community. ".



165. in paragraph 70, the following new section 70a to 70, including headings and

footnote No. 5n:



"section 70a



The granting of traffic rights



(1) the Department of transportation shall decide on the grant of traffic rights ^ 5n)

air carriers on the basis of a written application.



(2) the requirements for an application for grant of transport law and list of documents

which the application must be accompanied by, lays down the law.



section 70b



(1) the Department of transportation shall publish the information on the receipt of the first

ticket granting rights to its official Board and at the same time in a way

allowing remote access ^ 1 d) within 7 days of its delivery. For more

carriers may submit an application for the grant of rights in the same transport

things within 21 days of the publication of the first application. To later

requests shall be disregarded. Information about the receipt of applications other

air carriers shall be published by the Ministry of transport on their notice board and

at the same time in a way allowing remote access ^ 1 d) within 7 days of their

delivery.



(2) on applications submitted under paragraph 1 shall be decided by the Ministry of

transport in the common procedure.



(3) in proceedings for the granting of the transport rights can access to the file to

the closing date for the submission of applications referred to in paragraph 1.



section 70 c



(1) the Department of transportation when deciding on the grant of traffic rights

taking into account the



and type and level push) air services,



(b)) the frequency of air services and offered the offered capacity,



(c) the date envisaged for the commencement of operation) and the period of operation,



(d) the availability of the services offered to users),



e) offered fares,



f) guarantee a transport service, including follow-up and participation in the

the existing network of lines.



(2) the Department of transportation shall decide on applications for the granting of the transport law

within a period of 60 days from the delivery of the first application.



(3) the decision on the transport rights embarks on a period of 10 years.



(4) the Department of transportation shall publish the decision on the transport

rights on its notice board, and at the same time in a way allowing remote

Access ^ 1 d).



(5) the transmission right Granted by the air carrier may not be forwarded

the other person.



(6) in the event that the competent authority of a foreign State shall not issue or removes

an air carrier operating air services permissions on

the specified line, an air carrier shall without delay

notify in writing to the Ministry of transport.



§ 70 d



Remove the transport law



The Ministry of transport granted the right to withdraw the transmission, if the



and) the air carrier has not started operations on the specified line within 6 months from the date of

the acquisition of the legal force of the decision on the transport law



(b) the air carrier does not use) granted the right of transport for more than

12 consecutive calendar months,



(c) the competent authority of a foreign State) shall not issue or removes the air carrier

the appropriate operating authorisation,



(d)) the air carrier is violating the conditions laid down in the decision granting the

the transport law.



5N) Article. 5 European Parliament and Council Regulation (EC) no 847/2004 of the

29 April 2004 on the negotiation and implementation of air agreements between Member

States and third countries. '.



166. In § 71 para. 1 and 2, the words "Ministry of transportation and communications"

replaced by the words "Ministry of transport".



167. In paragraph 71, at the end of paragraph 1, the second sentence shall be added: "for the

the foreign air carrier, the air carrier is not

^ The community 5 k). ".



168. In § 71 para. 2 the words "the Czech Republic is bound"

replaced by the words "that is part of the legal order."



169. In § 72 para. 1 the words "domestic air carrier"

shall be deleted.



170. In § 72 para. 1 the words "Ministry of transportation and communications" shall be replaced by

the words "Ministry of transport".



171. In section 74 paragraph 2 reads as follows:



"(2) a permit may be issued if the applicant meets the conditions laid down in this

by law, an applicant for a licence to operate a commercial air

transport according to § 58 para. 1, for the staff and for the operation of

the aircraft used for aerial work. ".



172. in paragraph 74, the following new section 74a shall be added:



"section 74a



(1) a national of another Member State of the European Union or

a legal person with a registered office, Central Administration or principal place of business in the

another Member State of the European Union, who are in that Member State

the authority to operate aerial work aerial work, these may temporarily

operated on the territory of the Czech Republic.



(2) The operation of the air of the work referred to in paragraph 1, the provisions of § 74

It does not apply.



(3) the initiation of operation of the air works on the territory of the Czech Republic

notify the person referred to in paragraph 1 no later than 3 days in advance of the Office.



(4) the person operating the air work in the territory of the Czech Republic according to the

paragraph 1 is required to prove when checking permissions to operate

aerial work in another Member State of the European Union.



(5) the provisions of the preceding paragraphs shall also apply to the State

a national of another State or a legal person with a registered office, Central

Administration or principal place of business in another State, if it is clear from the

the international treaty, which is part of the rule of law. ".



173. In section 75 para. 2 the words "Ministry of transportation and communications" shall be replaced by

the words "Ministry of transport".



174. In paragraph 77 of the second sentence, the words "without permission" is replaced by "only

aircraft with a maximum take-off weight of less than 5.7 tons and with a total

a passenger seating capacity of less than 9 ".



175. section 78:



"§ 78



Air public appearance



Air public appearance can be operated only with the consent of the authority. The Office of the

consent, it will not endanger the safety of flying in the air

space. ".



176. Part seven, including headings:



"PART SEVEN



SPORTS FLYING DEVICE



§ 81



(1) the sports flying device is a maximum of two aircraft or

Sport parachute, designed to be flying for their own use or consumption

other persons for the purpose of recreation, individual passenger transport, sport

or training of pilots, which is not conducted for profit,

with the exception of training pilots, flights suspension and parachute gliders with

passenger and sporting parachutes jumps with the passenger.



(2) the types of sports flying devices are particularly



, ultra-light glider)



(b)), the ultra-light aircraft



c) motor hang glider,



(d)), the ultra-light helicopter



an ultra-light motorized gyrocopter),



f) motor paraglider,



(g)) hang glider,



h) paraglider,



I) Sport parachute.



(3) the Pilot sport flying device is the person who is the holder of

a valid pilot licence and sports flying device controls. For

the pilot is considered to be within the meaning of this Act and a paratrooper.



(4) the pilot student sports flying device is the person who is it

learning to follow the training outline.



(5) the Builder of sports flying device is a natural person who

Sport flying equipment for their own use.



(6) the manufacturer of sports flying device is the natural or legal

the person who sports flying device and related additional

products, parts and appliances it produces for sale.



(7) traffic Inspector or Inspector technology competence

a natural person who, in the scope of the resulting from this Act

exercises supervision over the fulfilment of the obligations of builders, manufacturers, and pilots

other persons involved in the operation of sports flying device.



(8) the characteristics of individual types of sports flying device

down detailed legislation.



Management of sports flying device



§ 82



(1) the Department of transportation may by decision to entrust the exercise of State

Administration in matters of sports flying device, a legal person (hereinafter

"designated officer") on the basis of its written request. The Ministry of

transport in a decision on the credentials to State administration lays down the conditions

and procedures for this performance, and shall define its scope.



(2) the decision of the Department of transportation shall, unless the applicant




and has its head office in the territory) of the United States,



(b)) has created administrative and technical management system of sports

flying devices under this Act,



(c)) with qualified persons, and expertise for the performance

the State administration of sports flying device under this Act, and

operational and technical regulations,



(d)) has created and secured information system for the keeping of a register

pilots and sports flying devices,



e) has laid down the procedures for the verification and approval of airworthiness

Sports flying device,



(f)) has established procedures for teaching and verifying the eligibility of applicants for

the issue of pilot licences and granting qualification



g) does not have financial or other interests that might influence the impartiality of

exercise of the activity of an authorised person,



h) is capable of ensuring the protection of information and data under the Special

^ law 5 k).



(3) the Department of transportation and the designated officer within the limits of a mandate to conclude an

the implementation of the exercise of State administration in Affairs of sports flying

device public contract.



(4) the Department of transportation shall withdraw credentials,



and if the authorized person) has met the obligations or conditions imposed

This Act or decision by the credentials



(b) if the designated officer of the) withdrawal of credentials asks.



(5) a decision on the credentials, as well as the withdrawal of this decision shall be published by

The Ministry of transport communications in the statute book.



(6) if it is not the performance of State administration in matters of sports flying

devices secured Commissionaire, secures it to the Office.



(7) the requirements for an application credentials, and the documents which must be on the application

to demonstrate, lays down the law.



section 83



(1) the authorized person



and issuing or withdrawing the certificate) legal and natural persons who

operate in the form of business production and sports flying devices with

related to other products, parts and appliances,

repair and maintenance, and controls the performance of their duties,

(b)



) and submit to the Ministry of transport handles proposals operating and

the technical rules for the operation of sports flying device and

the training curriculum to proposals their approval and after approval

The Ministry of transport these regulations and training curriculum,



(c)) shall exercise supervision over the activities of the builders of sport flying

the device,



d) approve, recognizes and validates the airworthiness of sports

flying devices and issues, extending and withdrawing their certificate

of airworthiness,



e) keeps a register of sports flying device referred to in section 84b and

allocates the specified sports flying device license plate

(f)



) and other pilots qualification confers on persons involved in the operation of the

Sports flying devices, emits a pilot's licenses, writes to the

These qualifications, extending their validity, issued ID cards

certifying qualifications and leads them to the register



g) publishes or withdrawing the consent for the operation of training centres

various kinds of sports flying devices, checks the performance of the

of their duties,



(h)) sets out the conditions for the use of the areas for takeoffs and landing

Sports flying device, desktop, registers, approves the operating

schedules and the eligibility of the registered areas; a register of the areas presented

The Ministry of transport for publication,



I) permits the implementation of test flights sports flying device,



j) grants consent to the holding of public air performances

Sports flying device,



k) shall exercise supervision over the activities of the operators, pilots and other people

participating in the operation of sports flying device,



l) provides the necessary assistance to the authorities of the State administration in the context of

the investigation of air accidents and incidents, sports flying device,



m) appoints and removes the traffic inspectors and inspectors; for a list of

appointed and revoked the inspectors and inspectors of traffic techniques

the Ministry of transport shall be presented for publication.



(2) in the interests of air safety, or in another public interest

the designated person or the authority may, where justified, flying a

Sports flying device to restrict or disable.



§ 84



Supervision of construction, construction, manufacture, repair and maintenance of sports

flying devices and related products, other

parts and equipment, and supervision of the activities of the operators, pilots and other

persons involved in the operation of sports flying device performs

traffic inspector or Inspector techniques.



§ 84a



(1) traffic Inspector and Inspector techniques are under the supervision of the

Sports flying devices are authorized to



and require the submission of documents) needed to operate the sports

a flying device



(b) withhold registration) sports flying device if

detection of airworthiness of sports flying device

by the time the defect in airworthiness,



c) disable years if would jeopardise the safety of air navigation, life,

health or property of persons or to the environment or other law

protected interest,



d) detain a pilot licence or other licence certifying the qualifications and

require verification of professional competence or medical examination

the eligibility of the holder of the seized licence in the event that, in exercising

activities associated with the operation of sports flying device shows

deficiencies which may endanger the safety of air navigation,



e) withdraw the pilot licence to a person who threatened the safety of air navigation

operation, infringed the rules of flying, or the rules of operation of sports

flying devices, and pass it without delay to the person responsible for

for further proceedings.



(2) the Inspector technology is also under the supervision of the construction, production and

repair of sports flying device and related other

products, parts and appliances shall be entitled to



and) require the submission of all the documents relating to construction and production

Sports flying devices, and other products related to them,

parts and equipment, in particular all calculations, construction and

production documentation and building journal



b) enter the premises where the sport flying equipment and with them

other related products, parts and appliances, and builds

produced, check the machines and tools, examine the materials used and

fasteners,



c) in the case of structural defects identified request or save design

tests of strength, elasticity, and the other, in the case of production prohibit the operation of

formerly produced sports flying device, or apply the changes

construction or preparation of the expert opinion.



section 84b



Register of sports flying device



(1) in the register of sports flying devices (hereinafter referred to as "the register")

Sport flying devices shall be recorded as specified in § 81 para. 2 (a).

a) to (g)) at the written request of the owner or operator shall

consent of the owner under the following conditions:



a) owned or operated by sports flying device is

a natural person with permanent residency in the Czech Republic or a legal person

based in the Czech Republic,



(b) Sport flying device) is not registered in a State other



c) airworthiness sports flying device was authenticated,

or is validated according to § 83 para. 1 (b). (d)), or it was considered

valid its airworthiness certificate issued by the authority of the foreign State.



(2) Sports flying device registered in the register shall have the

license plate. The allocation of the license plate gets sporty

flying devices, the nationality of the United States.



(3) information entered in the register, the data that it can be made public, and

means of identification of sports flying device lays down detailed

legal prescription.



§ 84c



Pilots and persons in training



(1) sports flying device can drive



and) a pilot who holds a valid pilot licence with the appropriate

qualifications, or



(b)) a pilot student under the terms of the training outline.



(2) the issue of a pilot licence is proof of health

competency, theoretical teaching, practical

training and the composition of the appropriate tests in accordance with the training outline.



(3) medical fitness of applicants and sports flying pilots

the device detects and medical opinion ^ 1 k) health eligibility

issued on the basis of a medical examination and other necessary technical

examination of the examining physician. Posuzujícím doctor means



a) doctor, who was charged under section 22(1) of the 3, for sport flying

equipment specified in § 81 para. 2 (a). a) to (f)) and a two-digit sports

flying device referred to in § 81 para. 2 (a). g) to (i)),



(b)) the practitioner for single sport flying equipment referred to

in § 81 para. 2 (a). g) to (i)).



(4) the period of validity of the medical assessment of medical fitness is



and) for pilots sports flying devices referred to in paragraph 3 (b). and)




1.60 months for people under 30 years old,



2.24 months for people from 30 to 60 years,



3.12 months for people from the age of 60,



unless otherwise specified by the competent doctor with regard to health status, as assessed

person a shorter period,



(b)) for the pilots of sports flying devices referred to in paragraph 3 (b). (b))



1. unlimited for people below 60 years of age, unless the doctor with regard to

the State of health of the person assessed limitations on its validity,



2. the 12 months for people from the age of 60, unless otherwise specified by the competent doctor with respect

on the State of health of a person considered a shorter period.



(5) the Qualifications means fulfilment of the conditions laid down for obtaining

permission for the performance of activities associated with the operation of sports flying

device. If it is a condition of registration the relevant qualifications in the pilot

licence, the applicant is required to practice it.



(6) immediately before the flight, during flight and immediately after their flight

is the pilot or pilot student required to have the following valid documents:



and) identity card,



(b)) a pilot license or proof of the pupil,



(c) a certificate of airworthiness) sports flying device,



(d) proof of liability insurance) for damage caused by the operation of the

Sports flying device.



(7) the Pilot or pilot student is obliged to operate a sports

a flying device to follow instructions of the Inspector, the Inspector traffic techniques

or persons exercising State supervision according to this law.



(8) the requirements for an application for the issue of a pilot licence documents

required to accompany the application, the conditions for the initiation of practical training and

separate flights, the method of determining the qualifying conditions for the issue of

pilot licence and the method of determining the qualifying conditions of the persons

carrying out theoretical and practical training shall lay down detailed

legal prescription.



section 84 d



Area for takeoff and landing sports flying device



(1) For takeoffs and landing, when a regular sports

flying device may be used



and if the airline) airport information guide provides for the operation of a particular

the kind of sports flying device at this airport, or

the consent of the operator of the airport,



b) surfaces permanently used to takeoffs and landing aircraft and allowed to

this purpose in territorial planning documentation or in land use decisions,

provided the consent of the owner or operator of the area and the community, on the

whose territory the area.



(2) For takeoffs and landing, when an irregular operation of motor

Sports flying device, and regular and irregular operations

non-motorised sports flying device may be used for any

other areas, subject to the use of the area for this purpose, consent

the owner of the area, under the following conditions:



and lies outside the residential area) area of the village at a distance of at least 100 m from

residential buildings and when operating at a distance of not less than 50 m from the

Sports flying device person non-participating in the operation,



(b) lies outside the territory) area of the National Park, a protected area,

national nature reserves, nature reserves, national nature

monuments and natural sights, if the use of the territory for this purpose

consent, the competent authority for nature protection, and



(c) the area lies outside the territory) zones of sanitary protection of water resources and

protected areas of natural accumulation of water, if the use of the territory of the

zones of sanitary protection of water resources and natural protected areas

the accumulation of water in the water management authority consent. ".



177. Part eight, including headings and footnotes # 6 and 6a is inserted:



"PART EIGHT



THE PROTECTION OF CIVIL AVIATION AGAINST ACTS OF UNLAWFUL INTERFERENCE



§ 85



(1) Unlawful act under this Act, means the offense,

offence or an administrative offence, which can seriously

endanger or interfere with the security of civil aviation.



(2) Ministry of transport creates a system of protection of civil aviation against

acts of unlawful interference, and introduces, coordinates and controls the security

measures to protect civil aviation against acts of unlawful interference.



(3) the Department of transportation publishes a national programs by directly

of the applicable legislation of the European communities ^ 6) and publishes them in the

Aeronautical information manual.



(4) the police of the Czech Republic in ensuring the security of civil

aviation against acts of unlawful interference are not the provisions of this section

without prejudice to the.



§ 85a



(1) the operator of an airport, an air carrier or provider of air

traffic services and the service provider at the check-in process at

the airport before your operation are required to have an approved

Security program to safeguard civil aviation against acts of unlawful interference

(hereinafter referred to as the "program"). A security program approved on

written request of the persons referred to in the first sentence, the Ministry of transport.



(2) Ministry of transport security program shall be approved if the

measures and procedures to ensure a sufficient level of civil

aviation against acts of unlawful interference.



(3) the operator of an airport, an air carrier or provider of air

traffic services and the service provider at the check-in process at

During its operation, the airport are required to



and) have an approved security program



(b)) ensure compliance with the measures and procedures provided for in the approved

the security program,



(c)) to ensure compliance with emergency measures and procedures pursuant to § 86.



(4) in the case of changes to the conditions decisive for ensuring a sufficient level of

protection of civil aviation against acts of unlawful interference is the operator

the airport, the air carrier, the air traffic service provider and

the service provider when you check-in process at the airport shall

to handle the corresponding change in their security program and

submit it for approval to the Ministry of transport within 30 days from the date of

When conditions change. The Ministry of transport shall be approved by the

written request of the persons referred to in the first sentence, change the security program for the

the conditions laid down in paragraph 2.



(5) the security program and its Department of transportation approved the changes after

discussion with the police of the Czech Republic and also with international airport

by the Customs authorities. To this end, the Ministry of transport will send them

Security program or changes to it for an opinion. If the authorities

referred to in the first sentence does not respond within 30 days of the delivery of the safety

program or its changes, apply it with a security programme or its

changes in the agreement.



(6) in the safety program operator of a small airport right

of the applicable legislation of the European communities ^ 6), where the introduction of all the

the security measures laid down in this law or directly

the applicable law of the European communities ^ 6) was due to the

the nature of the operation, the Ministry of transport to be disproportionate when

approval and when approving its amendment, in terms of ensuring

a sufficient level of protection of civil aviation against acts of unlawful interference to

This airport, to lay down specific safety measures that take into account the

the specific conditions of this airport.



(7) special safety measures after the Ministry of transport sets

discussion with the police of the Czech Republic and also with international airport

by the Customs authorities. To this end, the Ministry of transport shall forward them, together with the

the operator of a small airport security programme or its amendments

special security measures for an opinion. If the authorities referred to in

the first sentence does not respond within 30 days of delivery of a special security

measures, with special security measures, agrees. About

the setting of special security measures in accordance with paragraph 6

The Ministry of transport, without undue delay, inform the European Commission.



(8) the Department of transportation may change the specific security measures

or cancel, if the conditions for their determination. The Ministry of

transport by special security measures, amend or withdraw the decision to

so the European Commission ^ 6). For amendment or cancellation of the Special

the security measures referred to in the first sentence of paragraph 7

apply, mutatis mutandis.



(9) the contents and structure of the airport security programme,

the air carrier, air services and the provider provider

services at the check-in process at the airport lays down detailed legal

prescription.



section 85b



The operator and the operator of aerial works air public

performances and competitions are obliged to air before the start of air

public performance of the work of the air and air competition to develop

the measures and procedures to ensure the protection of civil aviation against

acts of unlawful interference when these air activities and follow the

them all the time the pursuit of these activities.



§ 85 c



(1) the operator of an airport, an air carrier or any authorized person

When you are implementing security controls by directly applicable

Regulation of the European communities ^ 6) (hereinafter referred to as "security check")

required to ensure that items not allowed directly applicable law

^ 6) of the European Communities (hereinafter referred to as "prohibited items"), the

at the security checkpoint, were brought on board the aircraft or in the


spaces designated Airport Airport or air operator

the carrier, if a directly applicable regulation of the European communities ^ 6)

provides otherwise. Work associated with the implementation of security controls can be

be only to the extent necessary to ensure its purpose and when the investigation

the dignity of each person.



(2) the method of carrying out safety checks laid down detailed legal

prescription.



§ 85 d



(1) a natural person carrying out detection control by directly

of the applicable legislation of the European communities ^ 6) (hereinafter referred to as "detection

check ") must have a certificate of professional competence. Certificate of professional

eligibility issues at the request of the person under the first sentence, the Ministry of

transport. Application can be submitted after successful completion of the safety

training. The certificate is valid for 5 years from the date of its issue.



(2) the technical means and safety devices used in

security check must have a certificate of technical competence.

Certificate of technical qualification issued by the authority at the request of the operator,

the airport, the air carrier or authorized agent pursuant to § 85e,

If it is proven the efficiency and reliability of the technical means and

safety equipment used in security checks.



(3) the operator of an airport, an air carrier or any authorized person

are required to ensure the implementation of the screening only through

persons who are holders of a certificate of professional competence, and

security checks only using technical means and

security devices with the certificate of technical competence.



(4) the persons conducting the security checks are required to be no later than

When you begin the implementation of the insured in case of liability for

damage caused by the performance of this activity. This does not apply if the

the activities in the work or other similar relationship.



(5) the requirements for an application for the issue of a certificate of professional competence and

application for issue of a certificate of technical competence, the authentication method

knowledge of individuals carrying out screening, range

the knowledge required for the issue of a certificate of professional competence and the way

the proof of the required efficiency and reliability of the technical means

and safety equipment used in security check provides

the implementing legislation.



§ 85e



(1) a natural or legal person performing security check

cargo, mail and courier and express shipments, which passes to the

transport by directly applicable legislation of the European communities ^ 6)

(hereinafter referred to as "regulated agent"), is required before the start of the execution of this

the activities have an approved security program pursuant to § 85a of paragraph 1. 1.

The regulated agent security programme at his written request,

The Ministry of transport under the conditions laid down in § 85a of paragraph 1. 2.



(2) the authorised agent is obliged to perform their activities



and) have an approved security program



(b)) ensure compliance with the measures and procedures provided for in the approved

the security program,



(c)) to ensure compliance with emergency measures and procedures pursuant to § 86.



(3) in the case of changes to the conditions decisive for ensuring a sufficient level of

protection of civil aviation against acts of unlawful interference is a regulated agent

required to handle the corresponding change in their security program

and submit it for approval to the Ministry of transport within 30 days from the

the date on which the change in conditions. The Ministry of transport shall be approved by the

the written request of the regulated agent security programme to change its

under the conditions laid down in § 85a of paragraph 1. 2.



(4) the regulated agent security programme and its changes approved

The Department of transportation, after consultation with the police of the Czech Republic and for

also international airport with customs authorities. To this end, they

The Ministry of transport regulated agent security programme shall send or

changes to the terms. If the authorities referred to in the first sentence does not respond

within 30 days from the delivery of the regulated agent security programme or

his changes, apply it with a regulated agent security programme or

its amendments agrees.



(5) the Department of transportation maintains a list of approved agents and exposes the

it in a way allowing remote access ^ 1 d).



(6) the information kept in the list of approved agents and the content and structure

the regulated agent security programme lays down detailed legal

prescription.



§ 85f



The duties and privileges of the operator of airport



(1) the operator of an airport shall be obliged to take measures to prevent

the entry of unauthorised persons and illegal vehicle access to the designated

areas of the airport. To this end, the airport operator or its

the designated officer issues and removes



and airport identification cards) and their records



(b) vehicle access permit) and their records.



(2) the airport operator is also required to



and) to create at the airport, which is operated by commercial air

to the right, the conditions for the implementation of security controls



(b)) to ensure that persons entering designated areas

the airport, have been subjected to security checks,



(c)) to ensure that vehicles entering into designated areas

the airport has undergone a security check,



d) issue and, within 30 days from the release of the appropriately disclose the conditions for the

the entry and residence of passengers, other people and vehicles in the area of the airport,



(e) access to it) withhold a specified area or from the Airport stations

persons who are unable to show a valid airport identification

licence or a security check has been performed,



(f)) to prevent the entrance of vehicles that cannot show a valid permit

to access or which have not been subjected to a security check.



(3) the obligations referred to in points (e) and (f))) shall also apply to a person

the airport operator to be responsible for the performance of activities related to the

the protection of civil aviation against acts of unlawful interference.



(4) the operator of an airport or a person authorized by shall be entitled to



and) issue to passengers and other persons entering the premises

the designated operator of the airport or staying in these rooms,

instructions and orders to ensure safety at the airport,



(b)) restrict passengers and other persons in the other activities, as appropriate, is

report from the area of the airport, if you do not obey the directions or commands

the operator of an airport or its designee,



(c) deny entry into premises) intended to or from the airport operator

report on persons who cannot show a valid ticket and onboard

ticket or in respect of which have been discovered or that are prohibited items

under the influence of alcohol, narcotic drugs or psychotropic substances,



d) invite passengers and other persons entering the premises

the designated operator of the airport or staying in these rooms,

If you do not obey the instruction or the aerodrome operator or its

authorized person to have left the premises,



(e)) to perform a security check.



(5) the details of an airport identification card, the way his

the issue and use, vehicle access permit requirements to spaces

Airport the airport operator and a range of security controls

vehicles shall adopt detailed legislation.



§ 85 g



Obligations and permissions of an air carrier



(1) an air carrier shall be obliged to



and) receive the measures to prevent the entry of unauthorised persons to the aircraft,

It operates,



b) deny entry to persons in whom the aircraft has not been made

security check,



(c)) to ensure that the baggage, cargo, mail and other things were before

being loaded on board an aircraft subjected to security checks,



(d)) to ensure the protection of baggage from the moment they check in until the moment of

their loading on board the aircraft,



(e)) to ensure that the baggage will be transported passengers

report to the departure of the aircraft, after a stopover, or who didn't come back on

Board the aircraft,



f) before putting the aircraft into service and during the maintenance-of-flight

check that there are no hidden prohibited items in aircraft,



g) to prevent the entry of unauthorized persons during the flight, the cabin crew

the aircraft.



(2) an air carrier or its authorized person shall be entitled to



and) issue to passengers and others who arrive on board

the aircraft or to the premises designated by the air carrier or in those

spaces present, instructions and orders to ensure safety at the airport

and on board the aircraft,



(b)) restrict passengers and other persons in other activities that could

endanger the safety or order in the plane or in other areas

specified by the air carrier or from an aircraft or other

areas designated by the air carrier, if you do not obey the instructions or

command of the air carrier, or its designee,



c) deny entry to the aircraft or other areas designated by the air

carrier or kick people who cannot provide a valid

ticket and boarding ticket, or in which the disabled have been identified

objects, or that are under the influence of alcohol, narcotic drugs or

psychotropic substances,



d) invite passengers and other persons entering the premises

designated air carrier or is present in these rooms,

If you do not obey the instruction or command to an air carrier or its


authorised person to leave the premises,



(e)) to perform a security check.



§ 85h



The obligations of a provider of air traffic services



A provider of air traffic services shall maintain a list by

used air construction and the equipment used to secure flight

operation and to ensure their effective protection from unauthorized access

persons.



§ 85i



Obligations of passengers and other persons on the premises of the airport



(1) passengers and other persons entering the premises specified

the operator of the airport and air carrier or in these areas

present, are required to



and) Act so as to avoid affecting the safety of the airport,



(b)) to submit to a security check,



(c)) to follow the instructions and commands, the air carrier, the aerodrome operator

and persons authorised by them in providing security at the airport and on the

Board the aircraft.



(2) the operator of an airport, an air carrier or any authorized person

are authorized to persons who do not obey the instructions and commands by

paragraph 1 (b). (c)), from the space referred to in paragraph 1.



§ 85j



(1) the operator of an airport, an air carrier or provider of air

traffic services, a provider of services in the check-in process at

the airport and approved by the agent in the course of exercising supervision over the exercise of

the measures and procedures referred to in their security program are required to



and periodically check the implementation and) fulfilment of the measures and procedures referred to

in their security program, as well as draw up annual plans for this

activities,



(b)) continuously evaluate the identified deficiencies, establish and meet

measures to correct them,



(c) Ministry of transport) to provide quarterly written reports on the activities of the

According to letters and) and (b)) and on the challenge of whether or not the message. The quarterly reports

serving persons under the first sentence within 30 days from the end of the last

calendar month of the quarter concerned.



(2) the operator and the operator of aerial works air public

performances and air competitions are required to



and periodically check the implementation and) fulfilment of the measures referred to in section 85b



(b)) continuously evaluate the identified deficiencies, establish and meet

measures to correct them.



(3) a natural person carrying out the inspection referred to in paragraph 1 (b). and) must

have a permit for the conduct of such activities. The authorisation shall issue, at the request of the person

the Ministry of transport in the first sentence, if the applicant meets the qualifying

conditions laid down in European Community legislation directly applicable ^ 6).

The Ministry of transport in the authorisation shall specify the period of its validity.



(4) the Pattern of the written report referred to in paragraph 1 (b). (c)), the requirements for an application

on the issue of the permit referred to in paragraph 3 and the method of authentication qualifiers

conditions for issue of the permit referred to in paragraph 3 lays down detailed legal

prescription.



§ 85 k



(1) a natural person conducting training in the field of civil protection

aviation against acts of unlawful interference by the directly applicable legislation

^ 6) of the European Communities (hereinafter referred to as "safety training") must have a

a certificate to this activity. Certificate is issued at the request of the person under sentence

the first Ministry of transport, if the applicant can prove compliance with the conditions referred to in

directly applicable legislation of the European communities ^ 6). The certificate is

valid for 5 years from the date of its issue.



(2) safety training is completed the test. On successful completion of the

the person performing the tests shall issue written confirmation of safety training.



(3) on safety training, carried out the tests and

issued certificates of the person performing the security training leads

a written record.



(4) the requirements for an application for the issue of the certificate referred to in paragraph 1, how the

proof that the conditions for issue of the certificate referred to in paragraph 1 and

the details to successfully pass the examination referred to in paragraph 2

down detailed legislation.



§ 86



Emergency measures and procedures



(1) If immediately endanger the safety of civil aviation, established a

The Ministry of transport at the time strictly necessary measures and procedures

ensuring the protection of civil aviation against acts of unlawful interference over the

framework of the safety program. These measures and procedures

The Ministry of transport, without undue delay, inform the European Commission.



(2) in the framework of the measures and procedures referred to in paragraph 1, the Ministry of

transport to lay down, in particular,



and a special method of implementation) security controls



(b)) special conditions for entry to the premises of the airport,



(c) the specific procedure for ensuring) surveillance of the airport,



(d)) a specific procedure for ensuring the safety of commercial air

transport,



e) restriction or prohibition of operation of the airport.



(3) if the immediate safety of civil aviation and

If you cannot do this in accordance with paragraph 1 shall introduce the necessary period

the airport operator the measures and procedures referred to in paragraph 2 (a). and)

b), c) and (e)) the air carrier and the measures and procedures referred to in paragraph 2

(a). (d)). The introduction of these measures and procedures shall notify the operator

Airport and air carrier immediately to the Ministry of transport and the police

Of the Czech Republic.



(4) the measures and procedures referred to in paragraphs 1 and 3 shall be repealed, shall pass to

the immediate threat to the security of civil aviation.



(5) The establishment and repeal of the measures and procedures referred to in paragraph 1 shall

not subject to the provisions of the administrative procedure.



§ 86a



Activities relating to civil aviation, whose misuse might

to endanger air traffic is safe at airports



and control activities to provide) protection of civil aviation against

acts of unlawful interference,



(b)) the implementation of the security controls



(c) carrying out checks on the aircraft) the apron and to provide surveillance of the

airports,



(d)) carrying out checks on the implementation and fulfilment of the measures and procedures referred to in

the security program,



(e) activities of the Airport Committee member) for the safety of zřizovaného on

the basis of the aviation regulation under section 102 paragraph. 2,



(f) setting the sensitivity of the technical means) and security

equipment used in security checks and the implementation of their

maintenance,



g) business and the activities carried out in the work, the staff or the equivalent

the ratio in a designated safety area operator

unaccompanied persons designated airport, the airport operator, which

reliability has been validated under section 86,



h) the supply of goods or services on board aircraft in the dedicated

security area unaccompanied by an airport operator

persons designated by the aerodrome operator, whose reliability has been validated

under section 86b.



6) European Parliament and Council Regulation (EC) No 2320/2002 of 16 December 2002.

December 2002 establishing common rules in the field of

civil aviation security as amended. ".



178. the following section is inserted after section 86a 86b, which including the footnotes No.

5b and 5 c:



"§ 86



Background check



(1) a precondition for the exercise of activities relating to civil aviation,

is to verify the reliability of ^ 5b), which are subject to natural persons who

carrying out the activities referred to in § 86a.



(2) the verification of the reliability of the employees of air carriers and

providers of air services (§ 45) carried out by the employer. The Office of the

oversees the verification of reliability staff under sentence

the first.



(3) in the case of persons who are not in employment relationship, performs validation

the reliability of the Authority on the basis of their written request; on the procedure of the Office

not covered by the administrative code. The authority shall inform the applicant of the result of the validation within 30

days of the request.



(4) a part of the background check is to verify the integrity of the air

personnel (section 21), and other individuals; When you verify the reliability of the

other individuals with section 21 shall apply mutatis mutandis.



(5) the Department of transportation shall issue a decree



and other personal information) that are required for the verification of the reliability,



(b)) for more adjustment when performing a background check,



c) model application for verification of the reliability of the people, which performs authentication

The Office.



5B) European Parliament and Council Regulation (EC) No 2320/2002 of 16 December 2002.

December 2002 establishing common rules in the field of

civil aviation safety.



5 c) Convention No 147/1947 Coll. and n., as amended. ".



179. In § 87 para. 1, the words "which is bound by the Czech Republic"

replaced by the words "that are part of the legal order" and the words

"The Ministry of transport and communications" shall be replaced by the words "Ministry of

transport ".



180. section 88 reads as follows:



"§ 88



(1) the Department of transportation under this Act



and management of aircraft) performs the IP addresses for the Czech Republic

international organizations,



(b)) provides for the operation of a public airport that is not

the owner of the airport able to ensure its operation on its own

or through another operator,



c) issues



1. decision on the introduction of operating restrictions to reduce the noise on the

the airport,



2. the authorization for a foreign air carrier to operate a commercial

air transportation to or from the United States or in the territory of the United

Republic,



3. the national programmes according to the directly applicable European legislation

Community ^ 6)



4. persons performing the screening certificate of professional

eligibility,




5. the authorisation to exercise checks on the implementation and fulfilment of the measures and procedures

referred to in the safety program operator Airport Aviation

the carrier, a provider of air traffic services provider

services at the check-in process at the airport and an approved agent



6. a certificate for the implementation of safety training,



(d)), in cooperation with the Ministry of defence and the Ministry of the Interior

provides air search and rescue,



e) decides on granting and removal of the traffic rights of air carriers,



f) approve



1. the flight schedule of the foreign air carrier,



2. operational and technical rules for the operation of sports flying

equipment and training curriculum,



3. safety program operator, air carrier, airport,

a provider of air traffic services, a provider of services in the

the check-in process at the airport and an approved agent and its changes



g) grants approval for the flights for the purpose of the exercise of State administration,



h) authorizes the legal person the exercise of State administration in Affairs

Sports flying device and withdrawing the granted credentials



I) concludes a contract governed by public law for the implementation of the exercise of State administration in the

matters of sports flying device,



j) creates a system of protection of civil aviation against acts of unlawful interference, and

introduces, coordinates and controls the security measures to protect

civil aviation against acts of unlawful interference,



k) lays down specific safety precautions in the safety program

the operator of a small airport and decides on their amendment or revocation,



l) leads the list of approved agents and exposes it in a manner allowing

remote access,



m) shall provide for measures and procedures to ensure the protection of civil aviation

from acts of unlawful interference beyond the scope of the security program and decides on

their cancellation,



n) shall appoint a representative of the Czech Republic to the Executive Board of the European Agency

for aviation safety and the Committee appointed by directly

of the applicable legislation of the European Communities ^ 1 c)



about) is the State authority concerned the acquisition of spatial planning

documentation and in land use management, as they relate to aircraft structures.



(2) the Department of transportation is the appellate authority in the administrative proceedings against the

the decision, issued by the Authority under this Act. When deciding on the

the appeal against the decision to withdraw the licence to pursue the

the activities of a member of the aviation personnel because of the incapacity is

The Ministry of transport bound to the opinion of the Ministry of health.



(3) the Department of transportation is authorized, in exceptional circumstances, that

immediately and seriously endanger civil aviation, to issue commands to the

flights on time required. ".



181. section 89, including footnote # 6b:



"§ 89



(1) the authority shall



and) works with the European Aviation Safety Agency and closes

with her contract on the terms of cooperation,



(b)) perform the tasks of the national supervisory authority according to the directly applicable

Regulation of the European communities ^ 1e)



c) entrusts the



1. a legal person in the discharge of the tasks in the field of conformity assessment, or

suitability for use of the constituents and verification systems of the European network management

air traffic controllers and withdrawing the granted credentials



2. assessment and verification of the conformity of the product's characteristics, the assessment and

verification of airworthiness or by checking the airworthiness

legal or natural person and suspending or withdrawing the granted

credentials,



3. the operator's health care facility, and in agreement with the Ministry of

of Defense and the Ministry of health determines the operator's authorized

medical equipment,



4. a natural or legal person evaluation schedules

air carriers and the issuance of related recommendations



d) oversees the implementation of the duties of an air carrier regarding refunds

and assistance to passengers in the event of denied boarding and of cancellation or

long delay of flights and handles complaints on violations of these

obligations,



e) Decides



1. on the registration of the lien to the aircraft into the air register



2. for approval of a product and verifies and assesses the conformity of the property

of the product,



3. the issuing of airworthiness and restricted certificates of airworthiness and

validates the airworthiness,



4. on the airworthiness approval product manufactured and individually

issuance of certificates of airworthiness,



5. flight of the incapacity of the aircraft and withdrawing the certificate

eligibility and recognizes as a valid airworthiness certificate issued by the

the other State,



6. on the determination of the type of airport and its change



7. on the temporary interruption of the operation of an airport or a part thereof,



(f)) performs the airworthiness,



g) holds a certificate of airworthiness by the time of the defect in the

of airworthiness,



h) grants consent to the test flying,



I) Approves, recognises and checks the eligibility of parts and

equipment and aircraft ground equipment for use in civil

Aviation,



(j)) issues, suspends and withdrawing permission to perform development,

designing, manufacturing, testing, installation, maintenance, repairs, modifications and

structural changes of products, parts and appliances, and air

ground installations,



k) allocates and withdraws the aircraft address and keep a list of all allocated

aircraft addresses



l) keeps records of aviation personnel, issues a certificate of qualification

aviation personnel and recognizes the validity of the licence of an air

personnel issued by another State, restrains or withdrawing the licence

eligibility of aviation personnel, directs and performs the authentication of its

the professional and airworthiness, verification of professional competence, or

review of the health of a member of the air staff and limits

or prohibited activity to which it is a member of the aviation personnel shall be entitled to,



m) recognises the pilot licence, an air Navigator and airborne

engineer issued by another Member State of the European Union,



n) approve the flight safety of the operator and the deviation from the standard

the safety of the flight, the standards for the individual years, operator



o) issued an authorization to operate the airport and decides on its cancellation,



p) determines the operating airport as schedules facilitated or

coordinated airport and instructs the Coordinator through the distribution of free

slots to air carriers.



(2) the authority shall also



and) issues, suspends and withdrawing certificates, airport



(b)) is a special Building Authority for air structures,



c) consents



1. to establish a protection zone around the aircraft structures,



2. the establishment of facilities and to carry out activities in protection zones

Air buildings and outside the protection zone of the location of the buildings and equipment

exceeding a specified height or construction and equipment, which may

compromise the safety of air navigation, or to have a disruptive effect on the

provided for aviation equipment



3. the legal or natural person to provide aviation telecommunications

services, aviation weather services, aeronautical information services,

services during the pre-flight and flight monitoring



4. legal or natural person to provide ground-handling services and

decides on its withdrawal,



5. to operate public performances,



(d)), in agreement with the Ministry of defence restricts or prohibits the use of

the airspace of the Czech Republic to flying,



(e)), in agreement with the Ministry of defence provides Habitat for the provision of

air traffic services, which may limit or prohibit the use of

the airspace of the Czech Republic to flying, time does not exceed the limits

or ban for 24 hours,



(f)) instructs



1. a legal entity the provision of air traffic services and withdrawing

granted the credentials



2. a legal person or a natural person providing airport services

and withdrawing the granted credentials



3. legal entity providing air navigation services and withdrawing

granted credentials, approves the contracts concluded between the person responsible for

the provision of air navigation services and other persons providing

air navigation services and airspace function blocks statement sets

space,



g) in agreement with the Department of Defense divides the airspace of the United

States for the purpose of providing air traffic services,



h) issues



1. measures to control ground-handling services to ensure the

safety or operational airport, overload



2. the authorisation to flying the plane without a pilot,



3. a license to operate a commercial air transport and shall decide on its

change or withdrawal,



4. an air carrier certificate and decides on its withdrawal,



5. the authorisation to operate the aerial works,



6. authorisation for the operation of aviation activity for their own account,



7. the restriction or prohibition of flying a particular sports flying device,



8. the certificate of technical qualification of technical means and

safety equipment used in security checks,



I) decide on the restrictions of commercial air transportation, unless it is a case where the

This decision has been entrusted under a special legal regulation

any other authority,



j) secures the performance of State administration in matters of sports flying


the device, if it is not secured with a responsible person,



to entrust the performance of the legal person) State supervision over provision of

air navigation services and withdrawing the granted credentials



l) performs other tasks provided for by specific legislation ^ 6b) and directly

the applicable provisions of the European communities,



m) ensures the coordination of civil-military air traffic

air traffic.



6B) Act No. 191/1999 Coll., on emergency oil stocks, about health solutions

oil shortage and amending some related laws (Act on emergency

oil stocks), as amended by Act No. 561/2004 Coll. ".



182. section 90 including the title reads as follows:



"§ 90



State supervision



(1) State supervision in civil aviation duties in the scope of their

the scope of the credentials of State employees in the Ministry of transport and in the Office of

(hereinafter referred to as "enforcement officers"). Enforcement officers are in the performance

State supervision shall be entitled to



and) capture audio and video records



(b)) to wear air uniform.



(2) the controller shall see that the person who saved the legal

obligations in civil aviation regulations (hereinafter referred to as the "debtor"),

fulfils obligations of and compliance with the conditions laid down in

the decisions issued by the administrative authorities competent in matters of civil

Aviation. The required person must control the performance of the personnel listed

permissions allow it, free of charge, and to the extent necessary to transport the aircraft

in the exercise of State supervision.



(3) the authority in the exercise of State supervision over provision of air

navigation services by directly applicable European legislation

Community ^ 5b) cooperates with the competent authorities of the other

the Member States of the European Union. ".



183. In section 91 paragraph 2. 1 the words "authorized person" shall be replaced by

"enforcement officers" and the words "this Act" by the words "legislation

in civil aviation ".



184. In section 91 paragraph 2. 2 the first sentence, the words "the designated officer may"

replaced by the words "control the worker is entitled to".



185. In section 91 paragraph 2. 2 the words "Ministry of transportation and communications" shall be replaced by

the words "Ministry of transport".



186. In paragraph 91, the following paragraph 3, including the footnotes.

7A is inserted:



"(3) the party must allow the persons entrusted with the international organisations

or by the European Commission the performance of inspection activity in accordance with the international

the contract, which is part of the rule of law, or in accordance with the directly

the applicable law of the European communities ^ 7a).



7A) Article. 45 and 46 of the European Parliament and of the Council (EC) No 1592/2002

of 15 November 2004. July 2002 on common rules in the field of civil

Aviation and establishing a European Aviation Safety Agency. ".



187. in paragraph 91, the following new section 91a, which reads as follows:



"§ 91a



(1) in the exercise of State supervision over the technical condition of the aircraft, the authority

carried out on the apron of the airport control of aircraft landing at

the territory of the United States and registered in the register state

not a Member State of the European Union, in particular where the



and) finds that it is not adequately carried out maintenance of aircraft or that the aircraft

is damaged or has a technical or operating faults (hereinafter referred to as

"technical glitches"),



(b)) after the entry of the aircraft to the Czech Republic's airspace occurred

violation of rules of the air in a way that raises the fear of danger

the safety of flying,



c) suspects that the previously identified technical defects were not removed,



d) finds that the competent authorities of the State in which the register is

the plane, registered to exercise appropriate supervision of the technical condition of

aircraft,



(e)) of the data pursuant to section 12a paragraph 1. 1 consider that the aircraft operator threatens

the safety of flying,



(f)) previous review on the apron of the airport revealed technical

defects in the planes of the same operator.



(2) the provisions of paragraph 1 shall not apply to State aircraft referred to in

the international treaty, which is part of the legal order of the ^ 1 h), and on the aircraft,

that does not serve commercial air transport, and whose maximum take off

weight of less than 5 700 kg.



(3) on the outcome of the checks referred to in paragraph 1 the Office of Protocol, which processes the

passes to the Commander and the European Commission without delay after the end of the

checks. At the request of the authority shall transmit to the competent authorities of the Member log

States of the European Union and the Agency. If the check shows that the aircraft

does not meet the conditions laid down pursuant to section 102 aviation regulations para. 2

(a). a) and may affect the safety of flying, passes the Office of Protocol

without delay to the aircraft operator, the competent authorities of the Member States

The European Union, the European Commission and the competent authorities of the State in whose

register the aircraft is registered.



(4) the Protocol pursuant to paragraph 3 does not refer to the designation of persons who

provide details of the technical condition of the aircraft without request.



(5) if the authority suspected that the aircraft operator fails to comply with the obligation to

adopt measures to remove technical defects affecting the

the safety of flying, imposed under section 91 paragraph 2. 1, before the flight departure,

impose a ban on the flight until technical faults will be eliminated. About

imposition of a ban of flight Office shall immediately inform the competent authorities of the State in

the register is an aircraft registered and of the State in whose territory the

the aircraft operator has its registered office or place of business.



(6) the authority may, in agreement with the competent authorities of the State in which the aircraft

register the aircraft is registered or the State whose authorities exercise

the supervision of the technical condition of the aircraft, the flight ban performance referred to in paragraph 5

waived. The Office in agreement with the authorities referred to in the first sentence, while determining

conditions of the flight at an airport to which they can be technical glitches

deleted.



(7) If, as a result of technical defects in the aircraft does not meet the conditions

of airworthiness, the Office may exercise the flight ban pursuant to paragraph 5

pardon only in the event that an aircraft operator licensed

the competent authorities of the State whose airspace intends to use to fly

the airport referred to in paragraph 6.



(8) The procedure under paragraphs 5 to 7 shall not apply the provisions of the administrative

control.



(9) the Office's employees are obliged to maintain confidentiality of the results of

inspections of the technical condition of the aircraft carried out on the ramp

the airport, provided to them by the competent authorities of the Member States

Of the European Union. Obligation of professional secrecy shall not apply to

the mutual provision of information between administrations in ensuring the

the safety of flying.



(10) the authority shall, on request to the competent authority of the Member State of the European

Union list of international airports, along with the number of take-offs and landings

aircraft referred to in paragraph 1 and with the number of checks carried out in accordance with

paragraph 1 on each of these airports per calendar year.



(11) the presentation of the report referred to in paragraph 3 lays down detailed legal

prescription. ".



188. section 92, including the title reads as follows:



"§ 92



Misdemeanors



(1) a natural person has committed the offence by



and) deliberately endangering public order and security at the airport, failure to

the obligations laid down in article 85i,



(b)) carries on business aviation personnel yet it knows about the disease or the

such changes in health status, which limit or exclude the performance of

This activity,



c) wrongly uses the airport identification card,



(d) intentionally damaged air construction) or other device that is

part of this building, or intentionally disrupt the activity of an air ground

the device,



e) endanger the safety of the air traffic disruption protection zone

Air structures,



(f) at the request of the authority passes) incomplete or incorrect data pursuant to section 12a paragraph 1.

1,



(g)) as the owner of a public airport, which cannot provide its

the operation, the airport will not offer to ensure its operation State



h) fail to comply with the airport command, the person providing the aircraft

services, air navigation service providers, an air carrier,

air operator's flight operations for work or your own

use or other authorized persons issued by the performance of their tasks,



I) operates air public appearance without the consent of the authority or a person

responsible for the performance of State administration in matters of sports flying

devices or comply with the conditions laid down in this Act,



j) fails to comply with the command of the commander issued in the context of its responsibility for the

execution of the flight,



k) carries on business aviation personnel without a valid licence

eligibility,



l) enjoys the sport flying equipment without a valid pilot licence,



m) does not pass on the request of the Office information under section 12a paragraph 1. 1,



n) as the operator of an air of public appearances has failed before

their starting procedures to ensure the protection of civil aviation against

acts of unlawful interference, or by them does not flow,



o) fails to comply with the rest of the ban issued by the command, or the Ministry of transport

or the authority to maintain the safety of civil aviation,



p) it's the coordinated airport in time, which significantly differs from the

the slot allocated by the Coordinator, or uses the allocated

slots in a significantly different manner from the way provided for

Coordinator,



q) as the operator of the aircraft or sports flying device

does not maintain the airworthiness requirements and does not subject the aircraft or sports

the flying facilities to regular inspections of airworthiness,




r) enjoys the sport flying equipment contrary to its purpose, to be used

Sports flying device which is not entered in the register, or

It's without a valid certificate of airworthiness,



with) as the operator of an aircraft operated by the aircraft without insurance

liability for damage caused by the operation of an aircraft,



t) as the operator of sports flying device operates

Sports flying device without liability insurance

caused by the operation of sports flying device,



u) uses its aviation activity products, parts and appliances

ground or aerial equipment without a valid certificate,



as the operator of an aircraft), the operator of sport flying

device or device shall be used on the aircraft, the operator of an encoded address

contrary to the decision of its allocation,



w) as the operator of aircraft violates the obligation laid down by decision of the

the introduction of operating restrictions to reduce noise at the airport.



(2) a natural person who committed the offence is on by



and) performs flights within the airspace of the United States in violation of

the conditions laid down in this Act,



(b) commercial air transport) operates without a license, operated by air

work and flight operations for its own account, operates without a permit

airport without permission, provides air service without credentials or

consent, provides air navigation services without a certificate or

credentials,



(c) a violation of the Aviation Regulation) will endanger the safety of flying, or



d) breach of duty established by this Act for the operation of the aircraft, or

Sports flying device will result in air traffic accident.



(3) for the offense referred to in paragraph 1 (b). and you can impose a fine to) 50 000

CZK, for the offense referred to in paragraph 1 (b). (b)), and (c)) to a fine of 200 000 CZK

for the offense referred to in paragraph 1 (b). d) to (f)) fine to 300 000 CZK

the offense referred to in paragraph 1 (b). g) and m) fine to 500 000 CZK

the offense referred to in paragraph 1 (b). n) and o) fine to 1 0000 0000 CZK

the offense referred to in paragraph 1 (b). p) up to 3 0000 0000 w) fine, and for the

offence referred to in paragraph 2 (a). a) to (d)) 5 0000 0000 CZK.



(4) prohibition of activity up to 6 months may be imposed for the offense under paragraph 1

(a). (b)), e) and (h)), the prohibition of activities of up to 1 year may be imposed for the offense

referred to in paragraph 1 (b). o) to (q)) and a ban on the activities of up to 2 years can be imposed for

the offense referred to in paragraph 1 (b). r) and paragraph 2 (a). a), c) and (d)). ".



189. section 93, including the title reads as follows:



"§ 93



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur is committed by the administrative

tort by



and damage the building or by air) another device that is included in this

construction, or disrupt the operation of aerospace ground equipment,



(b) endanger the safety of air navigation) disruption of the protection zone

Air structures,

(c)



) as the air carrier passes incomplete or incorrect information provided for in § 68

paragraph. 3,



(d) at the request of the authority passes) incomplete or incorrect data pursuant to section 12a paragraph 1.

1,



e) as the owner of a public airport, which cannot provide its

the operation, the airport will not offer to ensure its operation State



(f) fails to comply with the airport command), persons providing air

the services of an air carrier, air navigation service providers,

air operator's flight operations for work or your own

use or other authorized persons issued by the performance of their tasks,



g) operates air public appearance without the consent of the authority or a person

responsible for the performance of State administration in matters of sports flying

devices or comply with the conditions laid down in this Act,



h) as an air carrier has not transmitted information under § 68 para. 3,



I will not pass on the request of the Office) data pursuant to section 12a paragraph 1. 1,



j) as the operator of an air of public appearances has failed before

to the start of the measures and procedures to ensure the protection of civilian

aviation against acts of unlawful interference, or by them does not flow,



k) as the operator of aerial works has failed before

operation of air work measures and procedures to ensure the protection

civil aviation against acts of unlawful interference, or by them does not flow,



l) fails to comply with a command or the rest of the ban issued by the Ministry of transport

or the authority to maintain the safety of civil aviation,



m) as the Coordinator carries out his activities without insurance

liability for damage caused by its performance,



n) as the airport operator, air carrier, or a person authorized by them

does not ensure the implementation of screening in accordance with § 85 d



about) as the airport operator, air carrier, or a person authorized by them

performs security or screening in violation of § 85 c or

directly applicable European Community law ^ 6)



p) as the operator of the airport shall issue airport identification card in

contrary to section 85f or directly applicable European law

Community ^ 6)



q) uses a coordinated airport in time, which significantly differs from the

the Coordinator of the allotted time or uses the allocated airport

time in a manner significantly different from the method established by the Coordinator,



r) enjoys the sport flying equipment contrary to its purpose,



with) as the operator of the aircraft or sports flying device

does not maintain the airworthiness requirements and does not subject the aircraft or sports

the flying facilities to regular inspections of airworthiness,



t) mass-production sports flying device which is not entered in the register,

or used without a valid certificate of airworthiness,



u) as the operator of an aircraft operated by the aircraft without insurance

liability for damage caused by the operation of an aircraft,



as the operator of sports in) flying device operates

Sports flying device without liability insurance

caused by the operation of sports flying device,



w) uses its aviation activity products, parts and appliances

or air ground equipment without a valid certificate.



(2) a legal entity or individual entrepreneur is also committed by the administrative

tort by



and fails to comply with the airport operator), such as the obligation laid down in § 85f,



(b)) as an air carrier fails to comply with the obligation laid down in § 85 g,



(c)) as a provider of air traffic services fails to comply with the obligation to

provided for in § 85h,



(d)) uses its aviation activity, the air staff without a valid

licence or air activity under these conditions will allow



e) as the operator of the aircraft, the operator of sport flying

device or device shall be used on the aircraft, the operator of an encoded address

contrary to the decision of its allocation,



(f)) as the operator of an aircraft violates the obligation laid down by decision of the

the introduction of operating restrictions to reduce noise at the airport



g) provides air navigation services in accordance with the conditions laid down

in this Act, or directly applicable European legislation

Community ^ 5a)



h) performed without permission the development, design, manufacture, testing,

installation, maintenance, repair, modification or structural changes in the products,

aircraft parts and equipment or aircraft ground equipment,



I) products placed on the market without a valid certificate,



(j)) as the airport operator, air carrier, provider of air

traffic services or provider of services during the check-in process at

the airport does not have an approved security program does not ensure compliance with measures

and procedures set out therein, or does not ensure the performance of the emergency measures and

procedures pursuant to section 86,



k) as an approved agent will not ensure the implementation of the measures and procedures referred to

in an approved program or does not ensure safety performance to exceptional

measures and procedures,



l) performs safety checks of cargo, mail and courier and

express parcels, which passes to the carriage, without an approved

the security program,



m) operates the airport without a valid permit or in violation of the terms

herein,



n) provides air service without credentials or consent, or in conflict with the

the conditions laid down therein,



about performs flights in) the Czech Republic airspace in breach of

the conditions laid down in this Act,



p) operates commercial air transport without a licence, operates air

work or aviation activity for their own account without authorization, or in

contrary to the conditions laid down therein,



q) provides air navigation services without a certificate or credentials or in

contrary to the conditions laid down therein,



r) breach of the aviation regulation would threaten the safety of flying,



with) as the air carrier or operator of aerial works breaks

approved safety flight standard operators



t) as the air carrier in contravention of a directly applicable regulation

Of the European Communities 1 g) ^ fails to comply with information obligations, does not ensure

redirect flight or reimbursed expenses, or does not ensure

care, or fails to pay all damages when denied boarding

the plane, flight delay, cancellation or



u) as the air carrier in contravention of a directly applicable regulation

Of the European communities to pay the required 1 g) ^ the difference in ticket price

or it does not return, if the passenger was placed to a higher or lower class than


for which a ticket has been purchased, in connection with the denial of boarding

Board the aircraft, or flight delay, cancellation or



in) breach of duty established by this Act for the operation of the aircraft, or

Sports flying device will result in air traffic accident.



(3) for the administrative offence referred to in paragraph 1 (b). and) to d) saves a penalty

to 300 USD, for the administrative offence referred to in paragraph 1 (b). (e) to (i))) fine

up to 500 000 CZK, for the administrative offence referred to in paragraph 1 (b). j) to (n)) fine

to 1 0000 0000 CZK for the administrative offence referred to in paragraph 1 (b). about) to w) and

paragraph 2 (a). and (f))) up to Czk 3 0000 0000 fine and administrative offence

in accordance with paragraph 2 (a). g) up to 5 0000 0000 in the fine to Eur).



(4) prohibition of activity within 6 months can be imposed for administrative offence pursuant to

paragraph 1 (b). k), m) and (n)), the prohibition of activities within 1 year, you can save a

administrative offence referred to in paragraph 1 (b). about), with)) and paragraph 2 (a).

a) to (d)) and the prohibition of activities up to 2 years can be imposed for administrative offence pursuant to

paragraph 1 (b). r) and paragraph 2 (a). (g)), i) to k), m) with up to) and in). ".



190. section 94 including footnote # 8 reads as follows:



"§ 94



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, to the manner of its perpetration, its consequences, and to

circumstances in which it was committed.



(3) the responsibility for the administrative offence shall cease, if the administrative authority

has commenced proceedings within 2 years from the moment of its perpetration, the

not later than 5 years from the day when it was committed.



(4) the ban on the activities of the legal person can be saved only if the administrative

offence committed by the activities or in connection with it. By the time of the ban

the activity includes the period during which the measure has already been withheld on the basis of

administrative authority in connection with the present administrative

tort to exercise this activity.



(5) The liability for the acts, which took place in the business

person ^ 8) or in direct connection with the applicable provisions of the Act

on the liability of legal persons and sanctions.



(6) administrative offences under this Act, with the exception of administrative offences

under section 93 para. 1 (b). (c)), and (h)), are heard at first instance

The Department of transportation or the Office to the extent of its competence provided for in §

88 and 89.



(7) administrative offenses under section 93 para. 1 (b). (c)), and (h)) dealt with in

the first instance Department of the police of the Czech Republic, which is under a special

^ law 5j) responsible for carrying out border checks, in

the second stage is being discussed by the Directorate of aliens and border police.



(8) a fine imposed under this Act, the authority which chooses it,

and enforced it, the Customs Office. Income from fines is the State budget revenue.



8) § 2 (2). 2 of the commercial code. ".



191. under section 94, the following new section 94a which including the title reads as follows:



"section 94a



Fine won



(1) the operator of an airport or other air works, person

providing the air service and flight operations managers and

other persons involved in civil aviation, who let

the exercise of State supervision, the Ministry of transport or Office store

fined up to 100 000 CZK.



(2) fined can be saved and reused, not an obligation to

nor in the additional time limit. The sum of the following saved

by the fines may not exceed 200 000.



(3) fined can be stored in 1 year from the date of failure to comply with

obligations.



(4) the fine is Exerting State budget revenue. ".



192. In paragraph 96, the words "which is bound by the Czech Republic" shall be replaced by

"that is part of the legal order."



193. In paragraph 98 of paragraph 1. 1, the words "which is bound by the Czech Republic"

replaced by the words "that are part of the legal order" and the words

"The Ministry of transport and communications" shall be replaced by the words "Ministry of

transport ".



194. In article 98, paragraph 3, including footnote No. 10a is inserted:



"(3) the extent and the conditions of liability insurance for damage caused by

operation of an aircraft down detailed legal prescription, unless directly

Regulation of the European communities applicable ^ 10a) otherwise.



10A) Council Regulation No 785/2004 on insurance requirements for air

carriers and operators ".



195. In § 99 paragraph 2. 1 the words "Ministry of transport and communications" shall be replaced by

the words "Ministry of transport" and the words "Czech Republic" is bound by the

are replaced by the words "that is part of the legal order."



196. in paragraph 99, the following new sections 99a, including footnotes.

11A is inserted:



"99a



(1) If this Act speaks of a natural person resident in

The Czech Republic is a citizen of the United States or a legal person

based in the Czech Republic, this means also a national

another Member State of the European Union or a legal person with a registered office,

the Central Administration or main establishment in another Member State

Of the European Union.



(2) the provisions of paragraph 1 shall also apply to a national of a

of another State or a legal person with a registered office, Central Administration or

the main establishment in another State, if it appears from an international treaty,

the Czech Republic is bound ^ 11a).



(3) the provisions of paragraph 1 shall not apply to section 55a paragraph 1. 7 and § 82.



11A) the agreement of 11 May 1999. November 2003 on the participation of the Czech Republic,

The Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania

Republic, the Republic of Hungary, the Republic of Malta, the Republic of Poland,

The Republic of Slovenia and the Slovak Republic in the European economic

space. ".



197. In § 100 para. 4 to 6 of the first sentence, the words "Ministry of transportation and

joints "are replaced by" Ministry of transport ".



198. In § 100 para. 4 and 6, second sentence, the words "Ministry of transportation and

joints "are replaced by" Ministry of transport ".



199. In section 102 paragraph 1 reads:



"(1) the Department of transportation shall issue a regulation to implement section 4, paragraph 4. 2

(a). (d)), section 4, paragraph 4. 4 § 5 para. 2, section 5a paragraph 2. 2, § 7 (2). 8, § 12

paragraph. 2 (a). (b)), section 12a paragraph 1. 7, § 16 para. 1 and 2, § 17 para. 1 and 3, §

17A. 1, § 17b para. 5, section 17 d of paragraph 1. 4, § 19 para. 7, § 22 para. 2

and 8, § 22a para. 1, § 25 para. 3, § 26 para. 2, § 32 para. 1 and 3, § 34a

paragraph. 4, § 35 para. 1 and 3, § 42 para. 8, § 42 c of paragraph 1. 2, § 45 para. 4,

§ 47 para. 2, § 49 c of paragraph 1. paragraph 2, section 49f. 2, § 49 g para. 2, § 53 para.

2, § 55 para. 7, section 55a paragraph 1. 3, § 55d para. 2, § 58 para. 2, section 67 para.

4, section 70a para. 2, § 72 para. 2, section 74 para. 3, § 76 para. 3, § 81 para.

8, § 82 para. 7, section 84b of paragraph 1. 3, § 84c para. 8, § 85a of paragraph 1. 9, § 85 c

paragraph. 2, § 103 para. 5, § 85e para. 6, § 85f para. 5, § 85j para. 4, §

paragraph 85 k. 4, § 86 para. 5, § 91a para. 11 and § 98 para. 2 and 3 of this

of the law. ".



200. In section 102 paragraph. 2 the first sentence, the words "which is Czech Republic

bound "shall be replaced by" that are part of the legal order "and the words

"The Ministry of transport and communications" shall be replaced by the words "by the Ministry of

transport ".



201. In section 102 paragraph. 2 the second sentence, the words "to the Ministry of transport and communications"

replaced by the words "Ministry of transport".



202. In section 102 paragraph. 2 (a). a) footnote # 12

renumbered as footnote # 1i.



203. In footnote No. 13, the abbreviation ' EEC ' shall be replaced by the abbreviation

"EEC".



204. In section 102 paragraph. 2 (d)) including footnote # 14a

repealed.



Article II



Transitional provisions



1. an air carrier and operator of aerial works shall be required to

within 6 months from the date of entry into force of this Act

flight safety standard operator civil aviation authority

(hereinafter referred to as "the authority") for approval. Pending the decision of the Office to

air carrier and air operators work obligation under §

22A paragraph 2. 2 and 3 of Act No. 49/1997 Coll., in the version in force from the date of acquisition

of this Act, does not apply. If the air carrier does not submit, and

the operator of aerial works within the specified period by the flight safety

standard operator for approval, subject to the obligation under section

22A paragraph 2. 2 and 3 of Act No. 49/1997 Coll., in the version in force from the date of acquisition

the effectiveness of this law, no more.



2. The operator of a public international airport is obliged to request the

one year from the date of entry into force of this Act, the authority for the issue of

the certificate. Pending the decision of the Office of the international operator

the public considered the operator of a certified Airport Airport.

If the airport operator requests within the time limit for the issue of certificates

the airport, the authority shall initiate procedures to change the type of the airport. Suspensory effect

the appeal against the decision to change the type of the airport under the preceding sentence is

excluded.



3. the person in charge of the Ministry of transport of slot allocation

the times and the supervision of the air carriers on their use according to § 32 para.

2 of the Act No. 49/1997 Coll., in the version in force from the date of entry into force of

of this Act, must be insured for liability for damage

caused by the performance of its activities within 3 months from the date of entry into force of

of this Act.



4. Carriers operating air services on international trade

the basis of the international agreements to which the Czech Republic is bound, before

the effective date of this law, shall be obliged, within 5 years of the effectiveness


This law may request the Department of transportation to award ticket law

for the operation of international commercial air transport operations on the line, which

the operation requires granting of transport rights under law No.

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

Unless the carrier ticket rights to grant within a specified period,

the existing permissions to carry out international commercial air transport operations

on the line, for which the operation is required to grant the rights, transport

ceases to exist.



5. the operator of the airport and air carriers are required to submit to 6

months from the date of entry into force of this Act, a safety program

protection of civil aviation against acts of unlawful interference under section 85a of the law

No. 49/1997 Coll., in the version in force from the date of entry into force of this

the law, the Ministry of transport for approval. Pending the decision of the

The Ministry of transport, the civil aviation security programme before

acts of unlawful interference and the air carrier, the aerodrome operator approved by the

before the date of entry into force of this Act, be deemed security

programme approved under this Act.



6. the provider of air traffic services and the provider of services in the

the check-in process at the airport are required to submit, within 6 months from the

the effective date of this Act, the Ministry of security program

transport for approval. Until the decision of the Ministry of transport of the

a provider of air traffic services and service providers in the

the check-in process at the airport the obligation under § 85a of paragraph 1. 3 (b). a) and

(b)) of the Act No. 49/1997 Coll., in the version in force from the date of entry into force of

This Act does not apply. If the provider does not submit flight

traffic services and the service provider at the check-in process at

the airport security program within a specified period, subject to the approval of the

the obligation pursuant to § 85a of paragraph 1. 3 (b). a) and b) of Act No. 49/1997

Coll., in the version in force from the date of entry into force of this law, without

the next.



7. pending the acquisition of the full effectiveness of the law appoints and removes the

the Director of the Office of the Minister of transport.



8. pending the acquisition of the full effectiveness of the Service Act shall exercise State

supervision in civil aviation personnel authorized by the Ministry of transport and

The Office.



9. The owner of a public airport, which cannot ensure its operation

to the date of entry into force of this law, is obliged to lodge a written

offer pursuant to section 25a paragraph 1. 2 of the Act No. 49/1997 Coll., in the version in force from

the effective date of this Act, within 6 months from the date of acquisition

the effectiveness of this Act.



10. delegation to the provision of air traffic services and airport services

granted in accordance with section 46 of the Act No. 49/1997 Coll., in the version in force until the date of

entry into force of this law, shall be construed as mandates, pursuant to section

46 of Act No. 49/1997 Coll., in the version in force from the date of entry into force of

of this Act.



11. Consent to the provision of telecommunications services by air, air

meteorological services, aeronautical information services, services in the pre-flight

the preparation and monitoring of flight awarded pursuant to section 49 of Act No. 49/1997 Coll.,

in the version in force until the date of entry into force of this Act shall be deemed to

consent given under section 49 of Act No. 49/1997 Coll., in the version in force from

the effective date of this Act.



12. the consent to the provision of services at the check-in process to the public

the Airport granted pursuant to § 49 b of Act No. 49/1997 Coll., in the version in force in

the effective date of this Act, shall be deemed to consent given

under section 49b of the Act No. 49/1997 Coll., in the version in force from the date of acquisition

the effectiveness of this Act.



13. a Licence to operate a commercial air transportation issued under section 58

Act No. 49/1997 Coll., in the version in force until the date of entry into force of this

of the Act, is deemed to be a licence issued pursuant to section 56 of Act No. 49/1997

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



14. a legal person in charge according to § 81 para. 2 of the Act No. 49/1997 Coll.,

in the version in force until the date of entry into force of this law, is obliged to

to submit a request under section 82 para. 1 of Act No. 49/1997 Coll., as amended effective

from the date of entry into force of this Act, within one year from the date of acquisition

the effectiveness of this law, otherwise the granted mandate shall lapse.



15. A natural person who has been issued with a document of security eligibility

for sensitive activities relating to civil aviation, according to present

regulations, shall be considered as natural persons which have been validated

reliability under this Act.



16. verification of the reliability of the natural persons who on the date of effectiveness of this

the law carrying out activities under section 86a shall be made within 6

calendar months from the date of entry into force of this Act.



17. The effective date of this Act to stop the administrative procedure for issuing

the proof of security relating to civil aviation,

that is performed by the national security agency under the law on the protection of

on the security of classified information and eligibility. National

the Security Office, within 1 month from the date of entry into force of this Act

Returns filed a request for the document to applicants.



Article. (III)



Regulation (EEC)



Act No. 409/2001 Coll. on the provision of State guarantees of the United States for the

liability for damage caused as a result of war or

the terrorist actions of the operation of an aircraft in connection with the operation

air transport, is hereby repealed.



Article IV



The publication of the full text



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

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, as a consequence of

the laws of it changing.



PART TWO



Amendment to the Trade Licensing Act



Article. In



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

as amended by Act No. 283/1995 Coll., Act No. 359/1999 Coll. and Act No.

167/2004 is amended as follows:



In annex No. 2 group 203: motor and other vehicles

in column 1 of the scope of the words "business development, design, production, testing,

maintenance, repairs, modifications and design changes of aircraft, their parts

and aeronautical products "shall be replaced by the words" the development, design,

manufacturing, testing, installation, maintenance, repair, modification, and construction

changes of aircraft, engines, propellers, parts and equipment and air

land-based equipment ", in column 2 of the licence,

"aviation security" shall be inserted after the words "the European Agency for safety

Aviation, or another Member State by directly applicable legislation

Of the European communities *, "and in column 3 of the Note, the

"the rules" following the semicolon and text "regulation of the European Parliament and

Council Regulation (EC) No 1592/2002 of 15 July 2002 July 2002 on common rules

in the field of civil aviation and establishing a European Agency for the

aviation safety ".



Čl.VI



Transitional provisions



1. License issued before the date of entry into force of this

law for trade reporting, group-bound 203 annex

# 2 the Trade Licensing Act "the development, design, manufacture, testing,

maintenance, repairs, modifications and design changes of aircraft, their parts

and aeronautical products "from the date of entry into force of this Act

consider trade for trade permissions, bound,

a group of 203 Annex No. 2 of the Trade Act "the development, design,

manufacturing, testing, installation, maintenance, repair, modification, and construction

changes of aircraft, engines, propellers, parts and equipment and air

ground installations ".



2. the Licence trade licence that was issued by the former

legislation for business reporting tied groups of 203 Annex No. 2

the Trade Act "the development, design, manufacture, testing, maintenance,

repairs, modifications and design changes of aircraft, their parts and

aeronautical products ", the Trade Licensing Office shall, at the request of the

entrepreneur or a professional the first time announced pursuant to § 49 paragraph 1.

1 of Act No. 455/1991 Coll., in the version in force until the date of entry into force of

This Act, to replace the licence trade licence under section 49

paragraph. 1 of Act No. 455/1991 Coll., in the version in force from the date of acquisition

the effectiveness of this Act.



PART THREE



Amendment of the Act on the establishment of ministries and other central bodies of the State

administration of the Czech Republic



Article. (VII)



In § 16 para. 2 (a). f) Act No. 2/1969 Coll., on establishment of ministries and

other central bodies of State administration of the Czech Republic, as amended by law

No. 549/1992 Coll., Act No. 357/1992 Coll., Act No. 21/1993 Coll. and act

No 359/2002 Coll., the words "and coordination with military air traffic

civil air traffic "shall be deleted.



PART FOUR



cancelled



Article. (VIII)



cancelled



PART FIVE



Changing the law on misdemeanors



Article. (IX)



Act No. 200/1990 Coll. on offences, as amended by law No 134/1994 Coll.

Act No. 62/2002 Coll. and Act No. 259/2002 is amended as follows:



1. in paragraph 1 of article 23. 1 (b). (b)), the words "ground aviation equipment

or ' are deleted.



2. in paragraph 2 of article 23. 1, point (c)) shall be deleted.




Subparagraph (d)) to z) shall become point (c)) to y).



3. in paragraph 2 of article 23. 1 (b). (e)), the word "air" is deleted.



PART SIX



Amendment of the Act on measures to protect against damage caused by tobacco

products, alcohol and other addictive substances and amending related

the laws of the



Article. X



Law No 379/2005 Coll., on measures to protect against the harm caused by

tobacco products, alcohol and other addictive substances and amending

related laws, is amended as follows:



1. In article 16(1). 3, after the words "of the prison service of the Czech Republic"

the words "person responsible for the control of persons engaged

activity in which could endanger your life or health or other

people or damage property ".



2. In article 16(1). 4, after the words "the prison service of the Czech Republic"

the words "person responsible for the control of persons engaged

activity in which could endanger your life or health or other

people or damage property ".



PART SEVEN



The EFFECTIVENESS of the



Article. XI



1. this Act becomes effective on January 1. July 2006.



2. the provisions of section 42 c expires on 27. March 2012.



3. The provisions of article. (III) shall take effect on 1 January 2000. May 2007.



in z. H K in r.



Klaus r.



Paroubek in r.

Related Laws