Law On The Establishment Of The Federal Supervisory Office For Air Traffic Control

Original Language Title: Gesetz über die Errichtung des Bundesaufsichtsamtes für Flugsicherung

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

Non-official table of contents

BAFG

Date of departure: 29.07.2009

Full quote:

" Law on the establishment of the Federal supervisory board for air traffic control of 29. July 2009 (BGBl. I p. 2424) "

Footnote

(+ + + Text evidence from: 4.8.2009 + + +)

The G was defined as Art. 1 of the G v. 29.7.2009 I 2424 of the Bundestag. It
is gem. Art. 17 of this G entered into force on 4 August 2009.
Non-official table of contents

§ 1 Federal Supervisory Office for Air Traffic Control

(1) A federal supervisory authority for air traffic control is set up as a national supervisory authority. Supervisory authority for the area of air traffic control. Section 30 (2) of the Aviation Act remains unaffected.(2) The Federal Supervisory Office for Air Traffic Control is set up 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) In addition to the tasks assigned to him in the Aviation Act, the Federal Supervisory Office for Air Traffic Control shall carry out further air navigation tasks, in particular in accordance with the following legal provisions, to the Federal Government:
1.
Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 June 2004. 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 June 2004. 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 June 2004. 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 June 2007. The European Parliament and the Council of Ministers of the European Parliament and of the Council of 19 November 2007 on safety oversight in the field of air traffic management and amending Commission Regulation (EC) No 2096/2005 (OJ C EU No 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 arrangements for the creation of a Single European Sky.(4) The Federal Ministry of Transport, Building and Urban Development may delegate further tasks of the Federal Government in the field of air traffic control to the Federal Supervisory Office for Air Traffic Control.(5) In the areas in which the air navigation service provider operates as a Beliehene, the Federal Supervisory Office for Air Traffic Control, as part of its task performance, may report and submit records of all types of information at any time. In addition, the staff of the Federal Supervisory Office for Air Traffic Control and the persons appointed by them, to the extent that this is necessary for the performance of their duties, shall be subject to the entry of the land and offices 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. Non-official table of contents

§ 2 Transitional rules

(1) No later than six months after the establishment of the Federal Supervisory Office for Air Traffic Control Elections to the Staff Committee. 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 implementation of the Personnel Council elections in the Federal Supervisory Office for Air Traffic Control.(2) Paragraph 1, Sentences 1 and 3 shall apply mutatily to the representation of youth and trainees as well as to the representatives of the severely disabled persons at the Federal Supervisory Office for Air Traffic Control. Until the new election, the tasks will be 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) At the latest six months after the establishment of the Federal Supervisory Office for Air Traffic Control, the election of the Equal Opportunities Officer and her deputy shall take place. 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, Construction and Urban development. The third sentence of paragraph 1 shall apply accordingly.(4) The service agreements of the Air Traffic Control Service at the Federal Aviation Office shall apply until the conclusion of new service agreements for all civil servants and employees of the Federal Supervisory Office for air traffic control.