Law on the establishment of the Federal Supervisory Office for Air Traffic Control (BAFG)

Unofficial table of contents

BAFG

Date of completion: 29.07.2009

Full quote:

" Law on the establishment of the Federal Supervisory Office for Air Traffic Control of 29 July 2009 (BGBl. I p. 2424) "

Footnote

(+ + + Text proof: 4.8.2009 + + +) 
  
The G was decided by the Bundestag as Art. 1 of the G v. 29.7.2009 I 2424.  It   
is gem.  Art. 17 of this G entered into force on 4 August 2009.   

Unofficial table of contents

§ 1 Federal Supervisory Office for Air Traffic Control

(1) A Federal Supervisory Authority for air traffic control shall be established as a national supervisory authority for the area of air traffic control. § 30 (2) of the Aviation Act remains unaffected. (2) The Federal Supervisory Office for Air Traffic Control is hereby established as a federal authority in the division of the Federal Ministry of Transport, Building and Urban Development. The Federal Supervisory Office for Air Traffic Control is subject to the legal and professional supervision of the Federal Ministry of Transport, Building and Urban Development. The seat of the Federal Supervisory Office for air traffic control is the city of Langen in Hesse. However, the Federal Ministry of Transport, Building and Urban Development can decide on a different seat if necessary; the decision is to be made public in the Federal Gazette. The Federal Supervisory Office for Air Traffic Control is headed by a director or a director. (3) The Federal Supervisory Office for Air Traffic Control, in addition to the tasks assigned to it in the Aviation Act, also takes further responsibility for the Federal Government. Air navigation services, in particular in accordance with the following provisions, shall be true:

1.

Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the Single European Sky ("Framework Regulation") 1. EU No L 96 p. 1),

2.

Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the Single European Sky ("the air navigation service regulation") 1. EU No 10),

3.

Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European air traffic management network ("the interoperability regulation") 1. EU No 26) and

4.

Commission Regulation (EC) No 1315/2007 of 8 November 2007 on safety supervision in the field of air traffic management and amending Commission Regulation (EC) No 2096/2005 (OJ L 327, 30.12.2007, p. EU No L 291 p. 16).

The same applies to the tasks of the Federal Government in accordance with the implementing regulations adopted on the basis of these regulations and other regulations for the creation of a single European sky. (4) The Federal Ministry for Economic Cooperation and Development Transport, construction and urban development can be transferred to the Federal Supervisory Office for Air Traffic Control (Bundessupervisory amt für Flugsicherung) for further tasks in the field of air traffic control. (5) In the areas in which the air navigation service provider operates as a Beliehene, the Federal Office for the Protection of Air Navigation Federal Supervisory Authority for Air Traffic Control as part of its task performance of the Air navigation service organization reports and the submission of records of all kinds at any time. In addition, the staff of the Federal Supervisory Office for Air Traffic Control and the persons appointed by them, insofar as it is necessary to carry out their duties, shall be subject to the entry of the land and premises by the Air navigation service organization. In the areas of private-law activity of the air navigation service provider, it is also valid that entering outside of business hours or if the business premises are located in an apartment, without consent only and without consent, to the extent necessary for the prevention of urgent threats to public safety and order and, in the case of the air navigation service organisation in those areas, to provide evidence of a breach of a legal ban or bid in connection with private-sector activity. The fundamental right of inviolability of the dwelling is restricted to this extent. Unofficial table of contents

§ 2 Transitional arrangements

(1) At the latest six months after the establishment of the Federal Supervisory Office for air traffic control, elections to the Staff Committee shall take place. Pending the constitution of the Staff Council, the tasks of the Staff Committee at the Federal Supervisory Office for Air Traffic Control are to be assigned by the main personnel council of the Federal Ministry of Transport, Building and Urban Development as a transitional staff council of the Federal supervisory authority for air traffic control. The Transitional Sperm Council shall immediately appoint the electoral board for the conduct of the elections in the Federal Supervisory Office for Air Traffic Control. (2) Paragraph 1, Sentences 1 and 3 shall apply accordingly to the representation of youth and trainees as well as to the representatives of the Federal Supervisory Authority. Responsible for disabled persons at the Federal Supervisory Office for Air Traffic Control. Until the re-election, the tasks are carried out by the main disabled representation as well as the main youth and trainee representation of the Federal Ministry of Transport, Building and Urban Development. (3) No later than six months after the establishment of the The Federal Supervisory Office for Air Traffic Control takes place the election of the Equal Opportunities Officer and her deputy. Until the appointment of the Equal Opportunities Officer and her deputy at the Federal Supervisory Office for Air Traffic Control, her duties will be carried out by the Equal Opportunity Officer and her deputy at the Federal Ministry of Transport, Building and Urban development. The provisions of the third sentence of paragraph 1 shall apply. (4) The service agreements of the Air Navigation Service at the Federal Aviation Office shall apply until new service agreements have been concluded for all civil servants and employees of the Federal Aviation Office. Federal supervisory authority for air traffic control.