Key Benefits:
Prime Minister,
On the report of the Minister of Equipment, Transport, Land Use, Tourism and the Sea,
In view of the Convention on International Civil Aviation of 7 December 1944, Set of protocols Which amended it, in particular the Protocol of 30 September 1977 concerning the authentic quadrilingual text of the Convention;
Having regard to Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 concerning rules Common in the field of civil aviation and establishing a European Aviation Safety Agency;
Given the Civil Aviation Code, in particular Articles L. 330-1, R. 133-1 to R. 133-1-3, R. 133-4, R. 133-5, R. 133-9, R. 330-1 and R. 330-1-1 ;
Seen in Order No. 97-1198 dated December 24, 1997, for application to the Minister of The equipment, transport and accommodation of 1 ° of Article 2 of Decree No. 97-34 of 15 January 1997 concerning the deconcentration of individual administrative decisions;
In view of the opinion of the Council of Ministers of French Polynesia on the date of the September 24, 2003;
Given the Notice of the New Caledonia Congress dated September 4, 2003;
In view of the opinion of the General Council of Mayotte dated September 30, 2003;
Seen the request for an opinion of the Prefect of the Community of August 21, 2003 Saint-Pierre-et-Miquelon to the President of the General Council Community;
Conseil d' Etat (section des travaux publics) heard, Décrète:
Article R. 133-5 of the Civil Aviation Code is amended as follows:
I.-The first two paragraphs are replaced by the following:
" Except where they fall within the competence of the European Aviation Safety Agency in accordance with the provisions of Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002, the checks necessary for the grant and The maintenance of validity of the certificates, passes, licences and approvals provided for in R. 133-1, R. 133-1-1 and R. 133-2 and the aircraft station licence referred to in R. 133-2-1 shall be exercised on the ground and in flight Either by agents of the State or through technical bodies or Persons outside the administration having the necessary technical qualification and authorised to that effect by the Minister responsible for civil aviation.
The authorisation of technical bodies or external persons may relate to The issuance and maintenance of the certificates, passes, licences and approvals referred to in the preceding paragraph. "
II. -The fourth paragraph is repealed.
Article R. 133-9 of the Civil Aviation Code is replaced by the following provisions:
" Art. R. 133-9. -Any aircraft in circulation shall be subject to the orders of the police and customs services as well as military aircraft involved in the request of such services to the Minister responsible for the armed forces. "
The provisions of sections R. 133-1, R. 133-1-1, R. 133-1-2, R. 133-1-3, R. 133-4, R. 133-5 and R. 133-9 are applicable in French Polynesia, New Caledonia, Wallis and Futuna, Mayotte and the territorial community of Saint-Pierre-et-Miquelon.
However, for this application, in the first paragraph of Article R. 133-5, the phrase: " Except where they fall within the competence of the European Aviation Safety Agency pursuant to the provisions of Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 " Is deleted and item R. 133-1-1 is replaced by the following:
" 4 ° For undertakings engaged in public air transport activities, the approval of technical skills is the result, except for activities such as those referred to in III of Article R. 330-1, of the issue of a carrier certificate
The air carrier's certificate and any authorisations associated with it shall be issued under conditions laid down by order of the Minister responsible for civil aviation, after a technical investigation into the provisions (General organization, human and material resources, procedures, Documentation) taken by the company to comply with these rules of use, in particular as regards:
(a) Aircrew, crew composition and technical conditions of employment, flight control;
(b) flying equipment, equipment, including rescue and rescue equipment, instrumentation, maintenance ;
(c) Conditions of service of aircraft, performance limitations and loading, including carriage of regulated goods;
(d) Air traffic rules in all spaces Used.
The state representative has the power to issue certificates for Air carrier and its associated authorizations or those required for other undertakings operating aircraft by the rules relating to the use of aircraft to undertakings whose establishment Is situated within the territorial jurisdiction of its community.
This authority may, by order, delegate its signature in these matters to the heads of civil aviation services and to officials under their authority.
The Withdrawal of the air carrier certificate shall be delivered by the same authority, After the carrier concerned has been given the opportunity to submit its observations. In the event of an emergency, the suspension of the certificate may be pronounced without formality. "
Minister of Defence, Minister of Equipment, Transport, Land Use Planning, Tourism and the Sea, Minister for Overseas And the Secretary of State for Transport and the Sea shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, July 29, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of Equipment, Transport,
Spatial Planning,
for Tourism and the Sea,
Gilles de Robien
The Minister of Defence,
Michèle Alliot-Marie
The Minister for Overseas Affairs,
Brigitte Girardin
The Secretary of State for Transport
and the Sea,
François Goulard
