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Amendments To The Law "on The Air"

Original Language Title: Grozījumi likumā "Par aviāciju"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on air" make law "on air" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1994, nr. 22; 1997, 13, 23 no; 1998, no. 15, 23; 1999; 2002, 23 no no 12; 2003; 2004, nr. 15, 7., 10., 20. No; 2005, 10, 15; 2006, nr. 1, 12, 24 no; 2007, 10., 14. no; 2008 9. no; 2009, 6., no. 17; Latvian journal, 2009, nr. 196; 2010. No, 166; 99. in 2011, no; 13. No, 69; 2014, 70 no). the following amendments: 1. To supplement the section "terms used in the law" after the term "military aviation aircraft" with the term as follows: "military aviation landfill — the military object that contain a specific land area or land areas and water proper, as well as the air space over the territory and has been created to organize military exercises, military aircraft flights or shooting activities with training or combat ammunition." 2. Make article 3 of the second and the third part as follows: "this law, 13, 14, 28, 29, 39, 40, 41, 42, of article 41.1 and article 44 of the third and fourth subparagraphs, article 45 and 48, the second subparagraph of article 49, 49.1, 56, 61, 63, 97, 113, 113.1 112.1, 113.2, 113.3, 114, 115, 116 and 117.. Article refers to the military aviation of the Republic of Latvia and the foreign military aviation aircraft where the Latvian national armed forces use the country's defence and security interests. This law, 40, 41, 113.2 and 113.3 article refers to persons who carry out this law 40 of the first paragraph of article 2, paragraphs 3 and 4 and the activities provided for in the second paragraph of article 41 of this law shows the potentially hazardous objects construction, installation, deployment, and identification of this Act specified in article 113.2 military aerodrome operational safety potentially hazardous objects construction, installation, and deployment and identification of this Act specified in article 113.3 military aviation site security potentially hazardous objects construction , installation, deployment and identification. " 3. in article 6: put the name of the article as follows: "article 6. The Department of aviation, the Civil Aviation Agency, Transport accident and incident investigation Bureau and the State border guard of competence "; to supplement the article with the seventh paragraph as follows: "the State border: 1) check general aviation aircraft flight operations and the necessary documentation in civil aviation crew compliance with flight operations; 2) examine the law and within their competence of administrative offences cases of irregularities in the field of civil aviation and impose administrative penalties. " 4. in article 27.2: put the name of the article as follows: "article 27.2. Public service obligations imposed by the national civil aviation aerodrome "; to replace the entire article, the word "airport" (fold) with the words "national civil aviation aerodrome" (fold); Add to the second paragraph after the words "and the regularity of flight" with the words "or ensure the public of important functions as search and rescue, civil-military cooperation, support and other functions". 5. Replace article 57.1 of the third subparagraph of paragraph 1, the words ' cargo and mail security check "with the words" freight, mail and consumable items during a flight safety inspection ". 6. To supplement the law with article 57.2 of the following: ' article 57.2. Requirements for the airport, aircraft operators and air navigation service providers, owners, and employees responsible for international passengers, cargo and mail air service airport, providing international passenger, cargo and mail air service requesting the air operators and air navigation service providers, the owner (the true beneficiary) and the employee occupying the leading position or with their decisions can significantly affect the activities of the company (hereinafter referred to as the responsible employee) may be the only person who: 1) not linked to terrorism and does not work in an allegation or criminal organisation; 2) is not related to criminal money laundering; 3) is called a criminally liable for intentional criminal offence; 4) is found guilty of a criminal offence related to fraud, smuggling, illegal operations with goods subject to customs clearance or other values, business without registration and without permission (license), tax and payment of comparable status; 5) is not penalized for violations of customs regulations, or on cash or conveyance, without declaring them; 6) is not penalized for violations relating to the taxpayer's tax liability, or about labour relations or employment protection legislation governing infringement except when separate infringement suits a warning or a fine not exceeding 360 euro, and during the year does not exceed the total amount of the fine of eur 1100; 7) have paid taxes, duties and other compulsory payments to the budget or the payment deadlines are extended (delayed, broken) taxation laws and regulatory requirements in the order and the person making payments in accordance with the decision of the tax administration (payment schedule), except where the tax administration decision execution has stopped at the pre-trial proceedings; 8) with your behavior or activities do not pose a threat to the Latvian State and public security, the State of equipment, to the democratic constitutional State independence and territorial integrity. The Ministry of transport and Civil Aviation Agency within its competence under the first paragraph of this article airports, air operators and air navigation service provider (the true beneficiary) and the responsible employee compliance with the first paragraph of this article, the requirements of the check by requesting information from the national authorities competent to that referred to in the second paragraph of article information: 1) before being launched in this Act or legislation of the European Union statutory licensing or certification processes that airport, air operators and air navigation service providers to give the right to provide services in the field of civil aviation; 2) where a change in licensed or certified airports, air operators and air navigation service providers, the owner (the true beneficiary) or responsible employee; 3) not less frequently than once every five years. The Ministry of transport and Civil Aviation Agency will not launch the airport, air operators and air navigation service provider licensing or certification process, suspending or terminating the licensing or certification of the launched process, as well as the decision on the airport, aircraft operators and air navigation service provider issued the licence or certificate suspension or revocation, if: 1) it is not possible to ascertain and verify the airport, air operators and air navigation service provider (the true beneficiary) and the responsible employee identity; 2) from national authorities received information that airport, air operators and air navigation service providers, the owner (the true beneficiary) or responsible employee does not correspond to any of the referred to in the second subparagraph of article criteria. If referred to in the third subparagraph, the decision was made on the basis of the authority of national security intelligence or counterintelligence activities, the information obtained can be appealed to the Attorney General, whose decision is final, in other cases, the decision may be appealed against in court without the right of appeal to a higher authority. The appeal shall not suspend its activity. " 7. To make 61. and article 62 the following: "article 61. Aviation search and rescue coordination centre of Civil aviation accident victims and people search and rescue operations, as well as aviation accident relief efforts coordinated by the aviation search and Rescue Coordination Center (International abbreviation: CRY; hereinafter referred to as the coordination centre). Coordination Centre operates continuously 24 hours a day, and it is operated by the National Guard. Coordination Centre of civil aviation accident victims and people search and rescue coordinating Latvia's search and rescue area of responsibility, as well as outside of it, if this is provided for in the international treaties, which the Republic of Latvia is a member. The coordination centre shall operate in accordance with national border guard approved coordination centres regulations and emergency plans, as well as respecting the Civil Aviation Agency. 62. article. Ground staff training accident victim's aircraft and rescue people aerodrome an operator shall ensure that the personnel of the aerodrome is specially prepared and organized, and the airfield contains the inventory and equipment to ground staff can independently save the airfield area accident victim in the aircraft and the people and to provide emergency medical assistance until the rescue started participating State institutions, whose activities are coordinated by the focal point. " 8. Replace article 63, second paragraph, the words "aviation search and rescue national service" with the words "coordination Center ". 9. Article 64: express first and second subparagraph by the following: "Person for all those known aviation accidents shall immediately notify the State fire and rescue service, police or National Coordination Centre. State fire and rescue service and the national police for all known aviation accidents shall immediately notify the Coordinating Centre and a Transport accident and incident investigation office. "; turn off third. 10. Express article 66 the following: ' article 66. Aviation accident relief by the Cabinet of Ministers shall determine the aviation accident victims in civil aviation and human search and rescue, as well as civil aviation accident relief procedures and institutional arrangements for cooperation. The Cabinet of Ministers shall determine the aviation accident victims in military aircraft and the people in search and rescue, as well as military aviation accident relief procedures, and institutions for cooperation. " 11. Replace article 67 and 68, the words "aviation search and rescue public services" with the words "Coordination Centre". 12. Article 69 of the expression as follows: "article 69. Aircraft search termination if the accident victim's aircraft no search results, at the proposal of the Agency of Civil Aviation traffic Minister can decide to search the aircraft. The Civil Aviation Agency said the proposal drawn up on the basis of the information provided by a coordination centre for aircraft search results. " 13. off 88. the second paragraph of article 1. 14. To supplement the law with 113.2 and 113.3 article 113.1, as follows: "article 113.1. Military aviation military aviation landfill landfill is operated in accordance with the regulations issued by the Minister of defence in the internal regulations. Military aviation can create a landfill area, above which in accordance with the laws and regulations on the management of airspace structure and its change agenda can be created in a military aviation activities planned in the landfill the required airspace structure element. The air space above the military aviation use of the site, subject to the laws and regulations on the management of airspace structure and its change agenda and military aircraft flight operations procedures. Article 113.2. Military aerodrome operational safety potentially hazardous objects construction, installation, deployment and identification procedures in addition to the other regulatory requirements of the Ministry of defence received permission to build, install and deploy the military aerodrome operational security, potentially dangerous objects: 1) which is explosive and the visible laser emitter, five kilometres from the nearest runway threshold; 2) which can cause interference in military ground operations required to carry the work of the funds — five kilometres from the nearest runway threshold; 3) whose absolute height of 30 metres and more above the military aerodrome control point the absolute height, five kilometres of it — or that approach or exceed any aerodrome obstacle limitation surfaces; 4) which, regardless of their height will be military aircraft take-off or landing, two kilometres from the nearest runway threshold (permission obtained, even if these sites are planted trees); 5) which reduced or can reduce the visibility of military aircraft take-off or landing; 6) which are any light sources that will not be used for air navigation, but will be military aircraft take-off or landing in the sector and could endanger military aircraft flight safety, five kilometres from the nearest runway threshold; 7) which can contribute to mass gatherings of birds (a permanent source of food and nesting sites), — 15 kilometres of the military aerodrome control point. Procedures for requesting and receiving permission of the Ministry of defence to build, install and deploy specific military airfield operational security, potentially dangerous objects is determined by the Cabinet of Ministers. The order in which you perform the activities of the military airfield for potentially hazardous objects safety records, determined by the Cabinet of Ministers. The first part of this article 3 and 4 of the paragraph object owners and proprietors to be marked and equipped according to the order of the aizsarggaism, which is determined by the Cabinet of Ministers. A military aerodrome near forbidden to place any signs that are similar to the signs and the marking of aviation devices and can mislead the air crew in flight. Article 113.3. Military aviation site security potentially hazardous objects construction, installation, deployment and identification procedures in addition to the other regulatory requirements of the Ministry of defence received permission to build, install and deploy the military aviation site security, potentially dangerous objects: 1) which is explosive and the visible laser emitter, five kilometres from the military aviation of the outer edge of the landfill; 2) which can cause interference to military aviation for the operation of the landfill the required funds, carry, five kilometres from the military aviation of the outer edge of the landfill; 3) whose absolute height of 75 metres and more above military aviation higher landfill space (Earth's surface) the geographical terrain of the site, 15 kilometres from the military aviation of the outer edge of the landfill; 4) which is any light source aimed higher than 45 degrees above the horizon and will not be used for air navigation, two kilometres from the military aviation of the outer edge of the landfill; 5) which can contribute to mass gatherings of birds (a permanent source of food and nesting sites), no more than five kilometres from the military aviation of the outer edge of the landfill. Procedures for requesting and receiving permission of the Ministry of defence to build, install and deploy specific military aviation safety landfill activities potentially hazardous objects, determined by the Cabinet of Ministers. The procedure is carried out in the military aviation site security potentially hazardous objects records, determined by the Cabinet of Ministers. The first part of this article, paragraph 3, of the object referred to by the owners and proprietors to be marked and equipped according to the order of the aizsarggaism, which is determined by the Cabinet of Ministers. Military aviation in the vicinity of the site is prohibited to place any signs that are similar to the signs and the marking of aviation devices and can mislead the crew of the aircraft in flight. " 15. transitional provisions: exclude paragraph 7; transitional provisions be supplemented with 31 and 32 as follows: "article 31 of this law 113.2 in the second, third and fourth subparagraph and article 113.3 of the second, third and fourth part framework does not apply to the construction of buildings and premises, for which until 31 March 2015 has been granted a building permit. The Cabinet of Ministers by 2015. on 28 February, the issue of this law article 113.2 in the second, third and fourth subparagraph and article 113.3 of the second, third and fourth part of these provisions. 32. The Cabinet of Ministers until 30 March 2015 manages article 66 of this law in the first and second paragraphs of these rules. " The law takes effect on 1 November 2014. The Parliament adopted the law in 2014 October 2. The President a. Smith in Riga 2014 October 15