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Law No. 130 Of 21 July 2000 Approving Ordinance No. 29/1997 Concerning The Air Code

Original Language Title:  LEGE nr. 130 din 21 iulie 2000 pentru aprobarea Ordonanţei Guvernului nr. 29/1997 privind Codul aerian

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LEGE no. 130 130 of 21 July 2000 for approval Government Ordinance no. 29/1997 on the Code
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 355 355 of 31 Jul



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 29 29 of 22 August 1997 on the Air Code, issued pursuant to art. 1 lit. h) of Law no. 134/1997 for the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 208 of 26 August 1997, with the following amendments and additions: 1. Article 1 (1) shall read as follows: "" Art. 1. -The provisions of this air code shall apply to all civil aviation activities, as well as to all natural or legal persons carrying out the respective civil aviation activities in the national airspace and on the territory of Romania. " 2. Article 3 shall read as follows: "" Art. 3. -For the purposes of this Code, the terms and definitions used shall read as follows: 3.1. accident:-an event related to the operation of an aircraft, which occurs between the time a person embarks on board it with the intention of making a flight and when all persons on board are landed and during which: a) a person is seriously or fatally injured due to the fact that it is found: --in the aircraft; --in direct contact with it or with an object which is fixed in the aircraft; --in direct contact with any part of the aircraft, including the parts of the aircraft; -directly exposed to the suction or the breath of engines or propellers b) the aircraft suffers damage, damage or structural disposals, which alters the characteristics of structural strength or flight performance, requires an important repair that cannot normally be done with the existing means on board or require replacement of damaged items; c) the aircraft was destroyed; d) the aircraft has disappeared or is totally inaccessible. The aircraft is considered missing when the search officially ended and the wreckage was not located. The following situations are excluded from the category of accidents: --at lit. a), death on board aircraft, arising from a natural cause; serious injury or death of any person on board, as a result of a suicide attempt or negligence of their own; injuries caused to clandestine passengers hiding in outside areas that are normally accessible to passengers and crew; --at lit. b), when damage is limited to engine accessories or when it comes to damage limited to propellers, to wing extremities, to antennas, tyres, brakes, carnations or small perforations in the shell and which does not jeopardise flight safety or the ground of the aircraft; 3.2. act of illicit intervention-act illicitly, with intent, consisting of: a) violence against one or more persons on board an aircraft on the ground and in flight, if that act may jeopardise the safety of that aircraft; b) destruction of an aircraft in service or challenge to the damage of such an aircraft, which make it unavailable for flight or which may jeopardise its flight safety; c) location or favoring of the location by any means of a device or substance that can destroy an aircraft in service or cause damage to it that makes it unavailable for flying times that may jeopardise its safety in flight; d) destruction or damage to the means of air navigation or intervention in their operation, if such an act may jeopardise the safety of aircraft in flight; e) intentional communication of false information, thus endangering the safety of an aircraft in flight; f) illegal use of any device, substance or weapon for: -the production of an act of violence against one or more persons, causing serious injury or death, at an airport serving civil aviation; -the destruction or serious damage of facilities belonging to civil aviation or aircraft that are not in service, but are at that airport, or for the interruption of airport services, if such an act endangers or may be The safety of the airport; 3.3. civil aviation activities-all activities related to the design, construction, attestation, repair, maintenance and operation of civil aircraft, aerodromes and other civil aviation infrastructure objectives, and air traffic control, aeronautical and meteorological information of air operators, the preparation and improvement of civil aviation personnel, and their related civil aviation activities; 3.4. related civil aviation activities-the totality of services that contribute directly to the provision of civil aviation activities; 3.5. administrator of the aerodrome-natural or legal person who leads and manages an aerodrome in public property or private property of natural or legal persons; 3.6. aerodrome-the area bounded on the ground or on the water, which includes, possibly, buildings, installations and materials, intended to be used, in whole or in part, for the arrival, departure and ground handling of aircraft. The aerodrome used exclusively for helicopters is called heliport; 3.7. the aircraft-the apparatus which can be maintained in the atmosphere using air reactions other than those on the earth's surface; 3.8. State aircraft-aircraft used for military, customs or police services; 3.9. airport-open aerodrome for commercial air transport operations; 3.10. international airport-airport nominated as an airport of entry and departure, intended for international traffic of aircraft, and in which the control facilities for crossing the state border, for customs control, of public health, veterinary and phytosanitary control and other similar facilities; 3.11. civil aviation agent-any natural or legal person authorized to carry out civil aviation activities; 3.12. administrative investigation-concrete activity of identification, gathering and analysis of information for determining the causes, issuance of conclusions and, on their basis, the establishment of recommendations on flight safety, as well as the formulation of proposals and recommendations to improve activities in order to prevent accidents and incidents of aviation; 3.13. authorization-official confirmation given by a document issued in accordance with the provisions of the Romanian aeronautical regulations certifying the holder's ability to carry out the civil aviation activities mentioned in this document; 3.14. air operator authorization-the document certifying the authorization of an air operator to perform air or general aviation activities; 3.15. air operator certificate-the document certifying the ability of an air operator to carry out civil air transport activities; 3.16. certificate of airworthiness-the individual document, which is compulsory on board each aircraft, certifying its airworthiness; 3.17. traffic right-the right of an authorized air operator to carry passengers, luggage, cargo and/or mail on an air route serving two or more domestic or international airports; 3.18. facilities-the totality of the services and their associated material base, provided on an aerodrome in connection with the entry and exit of aircraft, persons, baggage, goods and the like, in domestic and international air traffic; 3.19. incident-an event, other than an accident, associated with the use of an aircraft, which affects or could affect the safety of exploitation; 3.20. licensing-official confirmation given by a document issued by the Ministry of Transport, granting the holder the right to exercise the civil aviation activities mentioned in this document; 3.21. Bachelor of work in the perimeter of the airport infrastructure individual document granting an economic agent the right to carry out activities in the perimeter of the airport infrastructure; 3.22. the air transport licence-an individual document by which an authorised air operator is granted the right to carry out public air transport operations, under the conditions laid down in the licence; 3.23. mission-the activity of a crew member from the moment he enters service, after an appropriate rest period, but before the start of a flight or a series of flights, until that member of the the crew leaves the service after the end of that flight or the flight series; 3.24. airworthiness-characteristic of the aircraft prepared for flight, consisting of its compliance with the flight admissibility regulations; 3.25. aircraft operation-aircraft use for air navigation purposes, which includes aircraft navigation. Any natural or legal person performing aircraft operations, including as owner or holder, with or without legal right of command over the aircraft, shall be deemed engaged in the operation of the aircraft within the meaning of this Agreement. air code; 3.26. air operator-natural or legal person authorized and/or licensed, engaged in the operation of aircraft; 3.27. pilot-in-command-pilot responsible for the flight control and safety; 3.28. flight plan-information assembly specific to a planned flight or a portion thereof, transmitted to the bodies providing air navigation services; 3.29. aeronautical regulations-rules, procedures or standards specific to civil aviation activities; 3.30. aeronautical security-assembly of measures, material resources and human forces, coordinated, mobilized and used for the purpose of civil aviation protection against acts of illicit intervention; 3.31. air navigation service-generic term including air traffic services, aeronautical telecommunications service, air navigation services, search and rescue services, and aeronautical information services. These services are provided during all operating phases: closeness, airfield and route; 3.32. aeronautical servitude-conditions, restrictions, obligations, imposed or recommended by the provisions of national and/or international aviation regulations in the interest of the safety of aeronautical flight; 3.33. flight safety-capacity of aeronautical activity consisting in avoiding the impairment of health or loss of life, as well as the production of material damage; 3.34. aeronautical technique-technique used in aeronautics, which falls under the rules on flight safety; 3.35. air traffic-aircraft assembly flying at a time, in a determined airspace, and aircraft which are in the manoeuvre area of an aerodrome; 3.36. air carrier-authorized air operator, holder of an air transport licence within the period of validity; 3.37. safety zone-adjacent area of an aerodrome, regardless of owner, defined in order to limit the height of obstacles and to prevent negative effects of any nature, direct and/or indirect, on aircraft operation and the assembly of aeronautical activities-in the interests of aircraft flight safety and aviation security; 3.38. protection zone-area adjacent to the sites of the air and weather navigation means, regardless of the owner, delimited in order to prevent negative interference of any nature, direct and/or indirect, on operational performance of such equipment-in the interest of aircraft flight safety; 3.39. Flight V.F.R. --flight made by flight rules in sight. " 3. Article 4 shall read as follows: "" Art. 4. -The Ministry of Transport, as the specialized body of the central public administration and state authority in the field of civil aviation, has the following specific tasks: a) elaborates the strategy for the development of civil aviation, in accordance with the economic policy of the Government and with the transport development plans; b) issue, in accordance with the development strategy, as well as with the regulations and recommendations of the international civil aviation organizations to which Romania is a contracting party, specific regulations underlying the conduct of the services air transport and the operation of the related infrastructure and other civil aviation activities; c) represents the Government, in the field of civil aviation, in specific international bodies and in bilateral relations with other states; d) ensure the administration of public property of the civil aviation state; e) issue mandatory authorization and/or licensing regulations of aeronautical agents and civil operators for carrying out civil aviation activities, issue, extend validity, validate, equate, suspend and withdraw the authorisation and/or licensing documents of the aeronautical agents and of the civilian operators; f) issue mandatory aeronautical regulations on traffic safety in air transport and supervise their compliance; g) issue mandatory aeronautical regulations for carrying out air transport of dangerous goods; h) ensures the regulation and organization of civil aircraft circulation in the national airspace, in collaboration with the specialized bodies of the Ministry of National Defence; i) coordinate the security system in the field of civil aviation; j) investigate incidents and accidents in the field of civil aviation; k) organizes and exercises the registry, inspection and control activities in civil aviation; l) ensure the certification of civil aviation technique; m) issue mandatory aeronautical regulations regarding the attestation, certification, licensing and patenting of civil aviation personnel, organize exams and issue attestations, certificates, licenses and patents for this category of personnel; n) manage telecommunications frequencies allocated to civil aviation; o) ensure the organization and functioning of civil air navigation services in the airspace of Romania, approve the overflight of the national territory of Romania, organized according to art. 10, as well as the take-off and landing of civil aircraft from and at airports located on the territory of Romania, in accordance with the provisions of specific aeronautical regulations; p) authorizes the carrying out of works in the areas of safety and protection of civil air transport infrastructures; r) ensure, together with the specialized bodies of ministries empowered by law, the assistance of search and rescue operations of civil aircraft involved in accidents; s) issue regulations for the uniformity of definitions and abbreviations used in civil aviation, in accordance with international law; t) authorize the operation of civil aerodromes u) organize the activity for the establishment of the own civil aviation statistical data fund; v) approve the tariffs for the use of air transport infrastructures of national public interest; x) provides the legislative framework and regulations necessary for the development of a normal competitive environment in the field of air transport; y) approves the rates of examination of civil aviation personnel in order to obtain attestations, certificates, patents and licenses; z) approves the tariffs charged by commercial companies, public institutions and specialized technical bodies, as a result of the provision of activities for which they have been delegated powers in accordance with the provisions of this law. " 4. Article 5 shall read as follows: "" Art. 5. -The Ministry of Transport shall ensure, directly or by delegation of competence to specialized technical bodies, public institutions or, where appropriate, authorized companies, the development and implementation of aeronautical regulations appropriate, professional training and improvement, as well as the attestation of civil aviation personnel, certification of civil aviation technique, civil aircraft registration, inspection and their control, their control, control, inspection, surveillance and authorisation of civil aviation agents, conducting and air traffic control in the national airspace, air navigation protection, investigation of incidents and civil aviation accidents, as well as technical control and flight safety and aviation security inspection for air transport. Specialized technical bodies, public institutions and companies referred to in par. 1 will be fully financed from tariffs and commissions obtained from those benefits. Delegation of powers to specialised technical bodies or to authorised companies referred to in paragraph 1. 1, as well as the authorization or licensing of civil aviation agents in accordance with the provisions of this air code shall be made with the charge of fees or charges. The delegation of powers can be carried out in areas of strict specialty, for which the Ministry of Transport must have specialized compartments. " 5. In Article 7, letter a) shall read as follows: "" a) the air traffic space representing the portion of the national airspace where aeronautical activity is permitted, as well as on land intended for take-offs and landings, regardless of the membership and the nature of the flight activity; " 6. Article 9 shall read as follows: "" Art. 9. -The classification of national airspace in terms of air traffic services shall be determined in accordance with the standards developed by international civil aviation organisations in which Romania is a contracting party. " 7. Article 10 shall read as follows: "" Art. 10. -In peacetime the Ministry of Transport, together with the Ministry of National Defence, organizes the national airspace and establishes the principles and rules for its use for civil or military aeronautical activities, as the case may be. " 8. The title of Section II of Chapter III shall read as follows: " SECTION II Air traffic ' 9. Article 11 shall read as follows: "" Art. 11. -Air traffic regulations in the national airspace apply to flights of all aircraft, regardless of their category and nationality. State aircraft are subject to the provisions of par. 1 1 when their flight is carried out in the national airspace assigned to civil aviation. ' 10. Article 12 shall read as follows: "" Art. 12. -In the national airspace assigned to civil aviation, air traffic is permitted as follows: a) civil aircraft, on the basis of an appropriate approval granted in accordance with the provisions of the specific aeronautical regulations; b) Romanian state aircraft, in accordance with the specific regulations; c) foreign military aircraft, including those carrying troops, weapons, combat technique, military materials, hazardous materials and any other types of cargo, which, by their nature, may affect national security, according to the approval of The Ministry of Transport, with the opinion of the Ministry of National Defence. " 11. Article 13 shall read as follows: "" Art. 13. -All civil aircraft flying over the territory of Romania have the obligation to pay tariffs for the use of air navigation facilities and services. Tariffs provided for in 0alin. 1 1 are non-discriminatory for the same categories of flights, regardless of the nationality of the air operators and the State of registration. They are exempt from the payment of the tariffs provided in par 1 1 the following categories of flights: a) V.F.R. flights; b) military flights carried out by Romanian military aircraft, and in the case of foreign military aircraft, on the basis of reciprocity; c) flights made exclusively for the official mission of the reigning monarchs and their close families, heads of state, heads of government and ministers. In all cases the official missions will be confirmed by the corresponding status indicator on the flight plan; d) search and rescue flights authorised by a competent SAR body; e) flights completed at the aerodrome from which the aircraft took off and during which no intermediate landing was made; f) flights by aircraft with a maximum certified take-off mass of less than two tonnes; g) school flights executed exclusively in examinations for the purpose of obtaining the licence or a qualification for the control crew and, for that purpose, shall be confirmed by the corresponding entry on the flight plan; h) flights carried out exclusively for the purpose of checking or testing the equipment used or intended to be used as ground means for air navigation, as well as for aircraft verification flights to be executed flights under lit. c) of this Article; i) other categories of aircraft provided by law. May be exempted, in whole or in part, from the payment of the tariffs provided in 1 1 and other categories of aircraft or flights, with the approval of the Ministry of Transport. " 12. Article 14 shall read as follows: "" Art. 14. -The take-off and landing of civil aircraft shall be carried out only on authorised aerodromes. ' 13. Article 15 shall read as follows: "" Art. 15. -It is prohibited that civilian aircraft take off or land on civilian aerodromes other than those authorized, except in cases of force majeure, as well as aircraft used for the practice of aviation sports, aircraft that land available to the Ministry of Transport and/or the Ministry of National Defence, as well as other aircraft for which derogations from the provisions of this article are established by specific regulations issued by the Ministry of Transport. 14. Article 16 shall read as follows: "" Art. 16. -The facts and legal acts spent on board civil aircraft registered in Romania, as well as the legal status of the cargo on board them, during an international flight, beyond Romania's borders, are regulated by the Romanian legislation, if through the international agreements and conventions to which Romania is a contracting party has not been established otherwise. " 15. In Article 18, paragraph 1 shall read as follows: "" Art. 18. -A civil aircraft may be registered in the Single Register of Civil Aircraft, only if: a) possess a valid type certificate, issued or equated by the Ministry of Transport; b) possess a valid certificate of airworthiness, issued or equated by the Ministry of Transport; c) satisfy the requirements of the national regulations on noise and toxic emissions; d) is not registered in another state and satisfies one of the following situations: -belongs to a Romanian natural or legal person or to a foreign national with domicile or residence in Romania or to a foreign legal person, legally constituted, who carries out economic activities in accordance with Romanian legislation, and that civil aircraft has its base and is mainly used in Romania; -belongs to a natural or legal person of a foreign state with which Romania has concluded a convention by which the two states grant each other the national treatment in respect of the civil aircraft registration regime; -belongs to the Romanian Government or state. 16. In Article 21, letter d) shall read as follows: "" d) the right to mortgage or strike the civil aircraft or its components with any real similar right, constituted as a guarantee of payment of a debt, provided that such a right is constituted under the law of the State of registration and transcribed in the registry of the civil aircraft registration state. '; 17. Article 23 shall read as follows: "" Art. 23. -Civil aerodromes may be publicly owned or privately owned by natural or legal persons, as the case may be, and from an operational point of view may be opened or closed to public air traffic. " 18. Article 24 shall read as follows: "" Art. 24. -The establishment, operation and decommissioning of civil aerodromes are subject to specific aeronautical regulations, issued by the Ministry of Transport with the opinion of the competent ministries, setting out the technical, operational and procedural. " 19. Article 26 shall read as follows: "" Art. 26. -All aerodromes open to the operation of civil aircraft must be authorized by the Ministry of Transport in terms of meeting the technical, operational, flight safety, aviation security and safety requirements. environmental protection, according to the internal aviation regulations in force and international agreements or conventions to which Romania is a party. The Ministry of Transport will keep a register of all authorized civil airfields in Romania. " 20. Article 29 shall read as follows: "" Art. 29. -Economic agents and, where appropriate, the specific bodies of the state authority, which carry out activities on civil aerodromes, are required to comply with the rules established, pursuant to this air code and aeronautical regulations, by their administrators in the public interest and the development of air transport. All activities that run in the perimeter of a civilian airfield are carried out under the sole and direct coordination of the aerodrome administrator. Economic agents carrying out activities in the perimeter of the airport infrastructure must have a working license in this perimeter, issued by the Ministry of Transport. " 21. Article 30 shall read as follows: "" Art. 30. -Airport installations and equipment, including radio and meteorological equipment, and air navigation services shall be accessible, without discrimination, to all civilian aircraft. " 22. In Article 31, after paragraph 1, a new paragraph is inserted as follows: " The Ministry of Transport shall issue specific regulations on the general principles for the establishment and application of the tariffs referred to in the 23. Article 31, paragraph 2 (h) and paragraph 3 shall read as follows: " h) aircraft landing available to the Ministry of Transport and/or the Ministry of National Defence; ............................................................................ They may be exempt, in whole or in part, from the payment of the tariffs provided in 1 1 and other aircraft categories or flights, with the approval of the Ministry of Transport. " 24. Article 32 shall read as follows: "" Art. 32. -Civil aviation personnel, as well as other personnel, operate in civil aviation. " 25. In Article 33, paragraph 2 shall read as follows: "Civil aviation personnel must be the holder of an attestation, patent or certificate." 26. In Article 34, paragraph 1 shall read as follows: "" Art. 34. -Civil aviation personnel shall comprise: a) personnel constituting the driving crew on board civilian aircraft: pilots, seafarers, mechanics and/or on-board engineers and radio-navigation operators; b) technical or auxiliary personnel on board civil aircraft, qualified for the type or category of civil aircraft, which, not participating in their management, shall carry out on-board services in respect of passengers, goods or appliances special aircraft in flight, technical, ground and flight control activities, with a view to ascertaining the condition of airworthiness, as well as flight verification activities of the operation of air navigation protection equipment. '; 27. Article 35 shall read as follows: "" Art. 35. -Unavigant civil aviation personnel comprise qualified technical personnel, who work directly on the operational planning and preparation of flights, on the design, construction, control, approval, certification, preparation, operation, maintenance and repair of the aeronautical technique, as well as personnel carrying out flight control and routing activities. '; 28. In Article 36, paragraph 2 shall read as follows: "The crew is subordinated to the civilian aircraft commander, who is designated, by the air operator, for each flight." 29. In Article 38, paragraph 1 shall read as follows: "" Art. 38. -The civilian aircraft commander shall be responsible for the safe preparation and execution of each flight and, for that purpose, he shall comply with the aeronautical regulations and the technical documents in force. " 30. Article 39, paragraph 2 shall be repealed and paragraph 3 shall read as follows: " During the flight the civilian aircraft commander cannot delegate his responsibilities. If, however, the civilian aircraft commander is prevented, for any reason, in the course of his flight to the ground, to perform his duties and, in the absence of prior designation of another person to replace him, the position of civilian aircraft commander will be exercised by the other members of the management crew, in the order established by the specific regulations in force. " 31. In Article 40, paragraphs 2 and 3 shall read as follows: " The provisions given by the commander of the civil aircraft during the flight, in order to ensure flight safety, are mandatory for all persons on board. The civilian aircraft commander may disembark any crew member and any passenger at an intermediate stopover, for reasons determined by flight safety and the keeping of order in the civil aircraft. " 32. Article 41 shall read as follows: "" Art. 41. -On the ground the civilian aircraft commander is required to take the necessary steps, in the case of a detour of his aircraft or in the case of similar measures taken with regard to crew, passengers or cargo. " 33. In Article 43, paragraph 1 shall read as follows: "" Art. 43. -By derogation from the provisions of art. 37 37 may be designated as a civilian aircraft commander and an authorised person other than the pilot-in-command. ' 34. The title of Chapter VII shall read as follows: "" CHAPTER VII Civil Air Operations ' 35. Article 44 shall read as follows: "" Art. 44. -Civil air operations that can be carried out on the territory of Romania are classified as follows: a) public air transport operations; b) general aviation operations; c) aerial work operations. " 36. The title of Section II of Chapter VII shall read as follows: " SECTION II Public air transport operations ' 37. Article 45 shall read as follows: "" Art. 45. -Public air transport operations are transport of passengers, luggage, cargo and mail, carried out on a commercial basis by air operators who possess an air operator certificate and air transport licence, by regular or irregular. International air transport of passengers, luggage, goods and mail are subject to international agreements and conventions in the field of air transport to which Romania is a party. " 38. Article 50 shall read as follows: "" Art. 50. -Romanian air operators, holders of an air operator certificate within the period of validity, may carry out domestic and international public transport, through regular or irregular flights, only after obtaining a licence of air transport issued by the Ministry of Transport. Exceptions to the provisions of par. 1 are established by the Ministry of Transport through specific regulations. Foreign air operators may carry out public air transport, through regular or irregular flights, to or from Romania, on the basis of traffic rights granted by the Ministry of Transport, in accordance with the provisions of the agreements and international conventions to which Romania is a party. The Ministry of Transport issues aeronautical regulations on the conduct of public air transport activities. " 39. The title of Section III of Chapter VII shall read as follows: " SECTION III Air work and general aviation operations ' 40. Article 51 shall read as follows: "" Art. 51. -General aviation operations include air transport in self-interest and other flights, such as: -flights in self-interest; --private flights; -flight-score; --sports flights. Air transport to its own use includes transport for self-interest and transport for personal purposes, as general aviation operations. Air transport for its own use shall be the general aviation operations carried out by a natural or legal person, without charge or equivalent in goods or services, using civil aircraft of its own or rented, which constitutes the accessory of another economic activity carried out by that person, the beneficiary of the transport. Air transport in the personal interest are general aviation activities carried out by individuals with own or rented aircraft for the transport of their own goods and/or persons, for their own needs, exclusively for non-commercial purposes. Flights of their own interest are civil air operations, other than transport to their own use, carried out by civil aircraft holders, natural or legal persons, for and in support of the needs of their own activities. Private flights are air operations, other than those of transport for personal purposes, carried out by civil aircraft holders, natural persons, solely for non-commercial purposes. Sports flights represent civil air operations carried out by natural or legal persons, using their own or rented civil aircraft, exclusively for sport purposes. The school-flights represent the civil air operations organized by legal entities for the purpose of initiating, preparing, training and perfecting aircrew aircrew. Romanian air operators operating air or general aviation operations on the territory of Romania are obliged to conclude insurance contracts for damage caused to third parties. The minimum ceiling of insurance policies concluded in this case shall be determined by Government decision. " 41. The title of Chapter VIII shall be repealed. 42. Article 52 shall read as follows: "" Art. 52. -Air work operations are activities carried out by air operators for the needs of industry, agriculture, forestry, public health and environmental protection, search and rescue, scientific research, shooting, monitoring, advertising, as well as for other purposes, on the basis of authorization and/or license issued by the Ministry of Transport. The Ministry of Transport will issue the regulations regarding the authorization and/or licensing of air operators for conducting air work operations on the territory of Romania. Authorized Romanian air operators may carry out aerial work operations on the territory of Romania with aircraft registered in another state, only after obtaining an appropriate license, issued by the Ministry of Transport. " 43. Article 53 shall read as follows: "" Art. 53. -The Ministry of Transport will issue aviation regulations on the conduct of general aviation operations. " 44 44. Chapter IX becomes Chapter VIII. 45. Article 55 shall read as follows: "" Art. 55. -The Ministry of Transport will state the guiding principles, limitations and appropriate measures on environmental protection, specific to this field. The Ministry of Transport adopts policies to stimulate the implementation of modern clean technologies in civil aviation. " 46. Article 58 (1), (b) and (c) shall read as follows: " b) ensure a correlation between the noise level and its effect on the population and the environment; c) be in compliance with the regulations, standards, practices, recommendations and procedures developed by the International Civil Aviation Organization, the European Civil Aviation Conference and other international civil aviation organizations at which Romania is a party and also to ensure compliance with these regulations; " 47. Article 59 shall read as follows: "" Art. 59. -The Ministry of Transport, at the request of the airport manager, may approve temporary measures and derogations that allow the operation of civil aircraft, which have significant environmental impact. 48. In Article 60, letter g) shall read as follows: "g) aircraft landing at the disposal of the Ministry of Transport and/or the Ministry of National Defence." 49. Chapter X becomes Chapter IX. 50. Article 61 shall read as follows: "" Art. 61. -The legal regulations in Romania regarding flight safety in the national airspace apply to any civil aircraft, regardless of the state of registration, as well as to the crew and passengers on board. " 51. Article 62 shall read as follows: "" Art. 62. -In order to ensure flight safety The Ministry of Transport issues and reviews whenever appropriate aeronautical regulations, compliant with regulations, standards, recommended practices and procedures developed by The International Civil Aviation Organization and other international civil aviation bodies to which Romania is a party, and shall ensure the control of their compliance. " 52. The title of Section II of Chapter X shall read as follows: " SECTION II Authorisation of civil aviation agents ' 53. Article 63 shall read as follows: "" Art. 63. -In order to achieve the safety of flights the following categories of civil aviation agents are subject to control, evaluation and authorization, as well as permanent supervision by the Ministry of Transport, directly or through technical bodies specialised, public institutions or authorised trading companies which are empowered to do so: a) air operators, depending on the civilian air operations they carry out; b) civil aviation agents having as their object of activity the design, type and specialized tests, the manufacture, storage, distribution, maintenance and repair of current and general civil aircraft, their engines and propellers, as well as components, the supply of avionable materials and spare parts; c) civil aviation agents carrying out design, construction, assembly, repair for objectives belonging to civil aviation; d) civil aviation agents having as their object of activity directing and controlling air traffic, aeronautical information and meteorological services for aeronautics, air navigation protection, and airport activities; e) civil aviation agents dealing with the training and improvement of civil aviation personnel; f) other categories of civil aviation agents having as their object of activity any other related aeronautical field. " 54. Article 64 shall read as follows: "" Art. 64. -The Ministry of Transport issues regulations, standards and procedures regarding the authorization of civil aviation agents. " 55. Article 66 shall read as follows: "" Art. 66. -Civil aviation activities shall be carried out by the staff attested for that purpose. The Ministry of Transport issues specific regulations regarding the categories of civil aviation personnel subject to attestation, as well as the thematic plans for preparation, theoretical examination and practice. Any person who proves the completion of a course or an appropriate aeronautical training program may request the attestation as civil aeronautical personnel for that specialty. " 56. Article 69 shall read as follows: "" Art. 69. -Patents and licenses issued by other states may be recognized or validated in Romania only if the criteria under which they were issued are at least at the minimum standards recommended by the International Civil Aviation Organization or other international organizations and if accepted in the specific Romanian regulations. " 57. Article 70 shall read as follows: "" Art. 70. -The medical examinations of candidates who request the attestation that civil aeronautical personnel may be carried out only by a medical institution authorized in this regard. " 58. in Article 74, paragraph 2 is inserted as follows: " The Ministry of Transport can establish categories of aircraft and parachutes that, by exception to the provisions of art. 73, may perform flights without a certificate of type and/or airworthiness. " 59. Article 76 shall read as follows: "" Art. 76. -In order to ensure the safety of the flight the Ministry of Transport together with the local public administration authorities and the opinion of the ministries concerned establish the areas subject to civil aviation services related to aerodromes and location of air navigation protection equipment. '; 60. Chapter XI becomes Chapter X. 61. Article 80 shall read as follows: "" Art. 80. -The Ministry of Transport is the state authority responsible for the development, implementation and application of this program. 62 62. Chapter XII becomes Chapter XI. 63. in Article 82, paragraph 2 is inserted as follows: "The Ministry of Transport is also the state authority responsible for establishing regulations on mandatory minimum aeronautical facilities." 64 64. Chapter XIII becomes Chapter XII. 65. Article 83 shall read as follows: "" Art. 83. --In the national airspace as well as in the territory Romania's search and rescue operations of civil aircraft in distress and survivors of an aviation accident are carried out through the national search and rescue system. " 66. Article 86 shall read as follows: "" Art. 86. -All public authorities, as well as the requested natural and legal persons, have the obligation to provide assistance in the case of search and rescue operations, aiming at the rescue of human lives as a priority, as well as the prevention of amplification damage and preservation of essential evidence for the proper investigation of accidents. " 67 67. Chapter XIV becomes Chapter XIII. 68. In Article 88, paragraph 1 shall read as follows: "The purpose of the administrative investigation is the actual determination of the causes and circumstances that led to the occurrence of the incident or the civil aviation accident and the identification of the appropriate preventive measures." 69 69. Chapter XV becomes Chapter XIV. 70. In Article 93, letters a), c), d) and e) shall read as follows: " a) the lack of compulsory individual or on-board documents provided for by the regulations in force; ............................................................................ c) unauthorised delestation of fuel or its delestation in areas or in unauthorised situations on board a evolving civilian aircraft, as well as ground fuel leakage; d) refusal of the operator of a civil aircraft to present to the persons empowered by law the documents of the aircraft and crew and to allow their inspection; e) failure to inform the Ministry of Transport of the occurrence of civil aviation incidents and accidents, by those who have this obligation and under the conditions established by law. " 71. Article 94 shall read as follows: "" Art. 94. -The contraventions provided in art. 93 is sanctioned with a fine. " 72. Article 96 shall read as follows: "" Art. 96. -The contraventions regarding the violation of the provisions on civil aviation servituseful in the interest of air traffic will be sanctioned with a fine. " 73. Article 97 shall read as follows: "" Art. 97. -The finding of contravention facts, as well as the application of sanctions, are made by the bodies empowered by the The amount of fines shall be established and updated by Government decision. The provisions of this chapter shall be supplemented by Law no. 32/1968 on the finding and sanctioning of contraventions. " 74. Article 97 shall be inserted after Articles 97 ^ 1-97 ^ 15 with the following contents: "" Art. 97 97 ^ 1. -The violation by civil aviation personnel of service duties or their failure, if the act is likely to endanger the safety of the flight, is punishable by imprisonment from one to 5 years. "" Art. 97 97 ^ 2. -The entrustment of the orders of the civilian aircraft by the pilot-in-command to an unauthorised person shall be punishable by imprisonment from 3 to 10 years and Leaving without approval of the post by any member of the driving crew or by the personnel directly providing the information, directing and controlling the air traffic, if the act is likely to endanger the safety of the flight, se punishable by imprisonment from 2 to 7 years. Article 97 ^ 3. -The performance of the service under the influence of alcoholic beverages or other substances prohibited by the regulatory authority shall be punishable by imprisonment from 3 months to one year or fine. If the act provided in par. 1 is committed by civil aviation personnel, the sentence is imprisonment from 6 months to 2 years or fine. It is considered under the influence of alcoholic beverages the staff having an alcoholic imbibation in the blood between 0.5 per thousand and 1 per thousand. Article 97 ^ 4. -Making the service drunk is punishable by imprisonment from one to 5 years. If the act provided in par. 1 is committed by the aircrew navigating the punishment is imprisonment from 2 to 7 years. It is considered drunk the staff having an alcoholic imbibation in blood of more than 1 per thousand. Article 97 ^ 5. -Exercising without right by any person of the duties of the crew of a civil aircraft is punishable by imprisonment from 3 to 10 years and the prohibition of some rights. Art. 97 ^ 6. -They are punishable by imprisonment from 3 months to one year or with a fine the following facts: a) the operation of an aircraft without a certificate of registration and certificate of airworthiness; b) operation of an aircraft with non-compliance with the conditions, limitations or other requirements set out in the airworthiness certificate or in the other aircraft documents; c) the inscription not in conformity with the registration certificate or the suppression of the marking marks; d) the destruction or removal of any board document required by the rules or regulations in force; e) violation of the rules on overflight. The deed provided at lit. a), committed after the refusal of the issuance of the registration certificate or the certificate of airworthiness, is punishable by imprisonment from one to 3 years. Article 97 ^ 7. -For the purposes of this Article: a) an aircraft shall be deemed to be in service from the moment the ground staff or crew begin to prepare it for a particular flight until the expiry of a period of 24 hours after any landing; the service period shall comprise in any case the entire time in which the aircraft is in flight, within the meaning of the provisions of b); b) an aircraft shall be deemed to be in flight from the time when, the boarding being completed, all exterior doors have been closed and until such time as one of these doors has been opened for landing; in case of forced landing, considers that the flight is continuing until the competent authority takes over the aircraft, persons and goods on board. Art. 97 ^ 8. -They are punishable by imprisonment from one to 3 years or with a fine the following facts: a) conducting civil air operations without authorization or license provided by law, if the act is likely to endanger flight safety, public health or environmental protection; b) carrying out activities in the perimeter of the airport infrastructure, without authorization or legal license, by legal entities, if the act is likely to endanger the safety of the flight. Article 97 ^ 9. -The communication of information, knowing that they are false, if by this fact endangers the safety of the flight, is punishable by imprisonment from 2 to 10 years. If the act is committed for the purpose of diverting the flight itinerary, the punishment is from 5 to 15 years and the prohibition of some rights. Art. 97 ^ 10. -The use without right of any device, weapon or substance, in order to produce an act of violence against a person at an airport serving civil aviation is punishable by imprisonment from 2 to 7 years. The commission of any act of physical or mental violence on a person on board a civilian aircraft in flight or in flight training is punishable by imprisonment from 10 to 20 years and the prohibition of some rights. Art. 97 ^ 11. -Illegal placement or use of any device, substance or weapon for the destruction or serious damage of facilities belonging to an airport or aircraft, which is not in service but is located at an airport as well as for the interruption of airport services, if the act is likely to endanger the safety of the airport, is punishable by imprisonment from 3 to 10 years. The destruction or serious deterioration of air navigation protection facilities and equipment or the disturbance in any manner of the operation of air navigation services, if the act is likely to endanger the safety of the flight, shall be punishes with imprisonment from 10 to 20 years and the prohibition of some rights. With the punishment provided in par. 2 it is also sanctioned the destruction of an aircraft in service or its deterioration, in such a way as to make it unfit to fly or endanger its security in flight. Placing or facilitating placement on a civilian aircraft, by any means, of a device, of a weapon or substance capable of destroying or causing damage to it which render it unfit for flight or which are likely to endanger the safety of the flight shall be punishes with imprisonment from 15 to 25 years and prohibition of some rights. Article 97 ^ 12. -The rightful takeover of an aircraft, by any means, as well as the non-right exercise of control over the aircraft is punishable by imprisonment from 10 to 20 years and the prohibition of some rights. Art. 97 ^ 13. -If the facts provided for in this chapter have resulted in the death of one or more persons, the sentence is detention for life or imprisonment from 15 to 25 years and the prohibition of some rights. Article 97 ^ 14. -The attempt at the crimes provided for in this chapter is punishable. It is considered to be attempted and to produce or procure means or instruments, as well as to take measures to commit the crimes provided for in this chapter. Article 97 ^ 15. -Criminal action for the facts provided in art. 97 ^ 1-97 ^ 14 is set in motion only to the referral of the specialized body of the central public administration in the field of civil aviation. The investigation of the facts covered by this chapter, as well as the setting in motion of the criminal action, are within the competence of the prosecutor of the court of appeal in whose radius they were committed. " 75. Chapter XVI becomes Chapter XV. 76. Article 98 shall read as follows: "" Art. 98. -The regulations issued by the Ministry of Transport in application of the provisions of this air code are mandatory for all civil aviation agents. " 77. Article 98 (1) shall be inserted after Article 98: "" Art. 98 98 ^ 1. -At the establishment by the President of Romania of the curfew or state of emergency, as well as the declaration of partial or general mobilization of the Armed Forces or in case of armed aggression directed against the country this air code is suspended in part or in its entirety, with aeronautical activity in the national airspace to be carried out according to the rules established by the competent military authorities, according to the law. 78. Article 100 shall read as follows: "" Art. 100. -The air code approved by Decree no. 516/1953, published in the Official Bulletin, Part I, no. 56 56 of 30 December 1953, as amended. ' + Article 2 This law shall enter into force 90 days after its publication in the Official Gazette of Romania, Part I. + Article 3 Air Code, amended and supplemented by Government Ordinance no. 29/1997 , as well as by this law, will be republished in the Official Gazette of Romania, Part I, giving the articles and paragraphs the corresponding numbering. This law was adopted by the Senate at the meeting of June 5, 2000, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, CONSTANTIN DAN VASILIU This law was adopted by the Chamber of Deputies at its meeting on June 13, 2000, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, BOGDAN NICULESCU-DUVAZ -------------