Law No. 399 Of 27 December 2005 Modifying And Completing The Order Of The Government. 29/1997 Concerning The Air Code

Original Language Title:  LEGE nr. 399 din 27 decembrie 2005 pentru modificarea şi completarea Ordonanţei Guvernului nr. 29/1997 privind Codul aerian

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Law No. 399 of 27 December 2005 modifying and completing the order of the Government. 29/1997 code on ISSUING air published in PARLIAMENT OFFICIAL GAZETTE nr. 22 of January 10, 2006 the Parliament of Romania adopts this law.


Article I of the Government Ordinance No. Code 29/1997, republished in the Official Gazette of Romania, part I, no. 45 of 26 January 2001, are hereby amended and shall be completed as follows: 1. the title of the Government Ordinance shall read as follows: "ORDINANCE concerning the air Code civil" 2. Article 1 shall read as follows: Art. 1.-the provisions of this code shall apply to air the civil aviation activities and natural or legal persons who carry out these activities in the airspace and territory of Romania, as well as the activities, may endanger the safety of flights and aviation security. "
3. Article 2 shall read as follows: Art. 2. — (1) civil aviation Activities in the territory and in the national airspace shall be governed by the present code and other normative acts in this area, through the Convention on international civil aviation, signed in Chicago on 7 December 1944, hereinafter referred to as the Chicago Convention, as well as through bi-and multilateral treaties to which Romania is a party.

(2) the application of this code is done by air without prejudice to the full and exclusive sovereignty over national airspace, as well as specific regulations relating to defence, national security and order. "
  

4. Article 3 shall read as follows: Art. 3.-for the purposes of this code, the terms and definitions used have the following meaning: 3.1. crash-event related to the use of an aircraft operation/, which occurs between the time a person embarking on board thereof, with intent and with the legal right to make a flight, and when all persons on board are responsible and in which: a) a person is fatally or seriously injured due to the fact that it is found :-the aircraft;
-direct contact with any part of the aircraft, including parts which is detached from it;
-directly exposed to the Jet (aspiration or he takes the engine propellers times), except that the wounds are due to natural causes, autorănirilor or are produced by another person, or in cases where the injury are produced outside the area normally available to the passengers or crew members;

b) aircraft deterioration or a structural failure, which alters the characteristics of the structural strength, performance and flight and which normally require major repair or replacement of the affected components, except engine failure times, damage when damage is limited to the engine, its accessories or hoods or when it's about damage limited to propellers, wing extremities , tires, brakes, carenaje, or small perforations in the înfundări fold wrapper;
  

c) the aircraft is missing or is completely inaccessible;
  

3.2. act against illicit interventions-act produced in unlawful, intentional, consisting of: a) violence against one or more persons on board an aircraft on the ground and in flight if that act is likely to endanger the safety of aircraft;
  

(b) destruction of an aircraft) the service or challenge the damage of such aircraft, which render it unavailable for flight times which may jeopardize the safety of the flight;
  

c) location or to the location by any means a device or substance which can destroy an aircraft in service or you may cause damage that would make it unavailable for flight times which may jeopardize the safety of the flight;
  

d) destruction or damage to air navigation means times of intervention in their operation, if any such action may endanger the safety of aircraft in flight;
  

e) intentional communication false information, thereby endangering the safety of an aircraft in flight;
  

(f) any illegal) device, substance or weapon:-production of a violent act against one or more persons, causing serious injury, death of their times at an airport serving civil aviation;
-destruction or severe damage to facilities belonging to civil aviation or aircraft not in service, but it is on that airport or airport disruption of services, if such an act endangers or may endanger the safety of the airport;
3.3. civil aviation activities all activities related to the design, construction, renovation, maintenance of accreditation, and the operation of civil aircraft, airfields and other infrastructure targets of civil aviation, air navigation services, the civil aviation personnel training, as well as civil aviation activities related thereto;
3.4. civil aviation related activities for practically all services which directly contribute to ensuring the deployment of civil aviation activities;
3.5. administrator of aerodrome-natural or legal person who leads and manages an airfield owned by privately owned public times of natural or legal persons;
3.6. airport-area bounded on land or on water, including, possibly, buildings, plant and equipment intended to be used, in whole or in part, for the arrival, departure and ground handling of aircraft. The airfield used exclusively for helicopters is called heliport;
2.3.-the aircraft that can remain in the atmosphere with the help of other reactions than air over the Earth's surface;
2.4. State aircraft-aircraft used for military, customs or police;
2.4. certified aerodrome airport for air transport operations;
3.10. International Airport-Airport nominated as input and airport of departure, intended for the international traffic of aircraft, and where control facilities are provided for passing the State border for customs control, public health, veterinary and phytosanitary control for, and other similar facilities;
3.11. civil aviation agent-any natural or legal person certified to conduct civil aviation;
3.12. authorization-official confirmation of renewal by a document issued in accordance with the provisions of the Romanian aviation regulations, stating that the licensee's ability to conduct civil aviation activities listed herein;
3.13. AOC-authorization document which certifies that the air operator may carry out activities or work of General Aviation;
3. block of airspace a volume of airspace of defined dimensions in space and time, within which air navigation services;
3.15. functional block of airspace an airspace block based on operational requirements and the need to ensure that it reflects an airspace management to a new level, without taking account of existing borders;
3.16. certification-recognizing that a service, a product, a play or a piece of equipment, an organisation or person complies with the applicable requirements, as well as the issue of the relevant certificate attesting such compliance with this; certification may result in the conferring of a law, and according to the regulations in force;
3.17. certificate-a document issued as the result of certification in accordance with the specific rules applicable;
3.18. the air operator certificate-a document which certifies that the air carrier has the ability to perform the activities of air carriers publicly referred to therein;
3.19. the airworthiness certificate/permit-individual document certifying the airworthiness of an aircraft;
3.20. registration certificate/identification-document certifying the registration of an individual aircraft, giving it its nationality;
3.21. the type-certificate-a document which defines the type design of an aircraft and certifying that the type design shall comply with the applicable airworthiness requirements;
3.22. traffic law the right of an air operator certificate to carry passengers, baggage, cargo and/or mail on an air route which serves two or more internal airports international times;
3.23. event of civil aviation-operational interruption, defect, wrong or any other circumstance that has or may have an influence on flight safety, which does not result in an accident or serious incident;
auditing all facilities services and their associated physical basis, provided on an airfield in connection with entering and exiting the aircraft, persons, baggage, goods and other things also in the domestic and international air traffic;
3.25. force majeure-civil aviation event, incident or any unforeseeable and unavoidable circumstance that generates temporary or definitive inability to comply with the requirements of the authorization;
3.26.-incident occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of the operation of the aircraft;

3.27. serious incident-an incident whose circumstances show that a crash would have been about to occur;
3.28. the investigative technique-specific identification activity, fundraising information and analysis for the determination of the causes of an incident or accident, civil aviation, and issuing conclusions based on their advice, to establish the safety of flights, as well as the formulation of proposals and recommendations for improving activities for the prevention of aviation incidents and accidents;
3.29. license within the airport infrastructure-individual document providing a trader the right to conduct activities within the airport infrastructure;
3.30 air transport license-individual document whereby an air operator certificate holder, is granted the right to perform the operations of air carriers referred to in public;
3.31. mission-work of a crew member from the moment it enters into service, after a suitable rest period but before the start of a flight or series of flights, until the crew member goes out of service after the conclusion of that flight or series of flights;
3.32. airworthiness-flight-ready aircraft feature, consisting of its compliance to the rules of admissibility to the flight;
3.33. AOC-natural or legal person engaged in the operation of aircraft;
3.34. specific regulations-regulations, procedures or standards specific to a field of activity;
3.35. the aviation security-overview of measures, resources and human forces, co-ordinated, deployed and used in order to protect the civilian Aeronautics against acts of unlawful intervention;
3.36. the air navigation service-a generic term that includes air traffic services, aeronautical communications services, navigation, and surveillance in the field of aviation meteorological services, aviation and aeronautical information services, defined according to the specific regulations applicable;
3.37. air traffic services-services of air traffic control (regional inspection services, and airfield), flight information services, air traffic advisory services and alarm services, as defined in specific regulations applicable;
3.38. aeronautical servitude-conditions, restrictions, obligations imposed by national regulations and/or international, in the interest of flight safety;
3.39. flight safety capability of the aeronautical activity consisting in avoiding damage to health or loss of human life, as well as the production of material damage;
3.40. supervision of flight safety-activity consisting in the granting of certificates, continuous surveillance of the maintenance conditions and certificates of compliance with the objectives and levels of safety, according to the specific regulations applicable;
3.41. monitoring-checking processes to continuously and systematically the conditions associated with the grant of a certificate during its period of validity, as well as making the necessary safety measures;
3.42. aeronautical technique-technique used in aeronautics, governed by the rules concerning flight safety;
3.43. air traffic-number of aircraft which, at one point, lies in the flight in airspace or operating on the manoeuvring area of an aerodrome;
3.44. the overall air traffic-all movements of civil aircraft, as well as all movements of State aircraft, including those of military aircraft, police and customs, which are carried out in accordance with the procedures of the International Civil Aviation Organization;
3.45. operational air traffic-all civil aircraft movements and the State in accordance with national regulations, other than in accordance with the procedures of the International Civil Aviation Organization;
3.46. air carrier-air operator certificate holder of an AOC in term of validity and, where appropriate, of a licence to the air carrier;
3.47. V.F.R.-flight flight after flight rules. "
5. Article 4 shall read as follows: Art. 4.-the Ministry of transport, constructions and tourism, as a specialized body of the central public administration and the State authority in the field of civil aviation, has the following specific duties: a) elaborates the development of civil aviation in accordance with the Government's economic policy and development plans of transportation;
  

b) issues, in accordance with the development strategy, requirements, standards and recommendations of the international civil aviation organizations and international treaties to which Romania is a party, specific rules underlying the deployment of civil aviation activities;
  

c) representing government, civil aviation, international bodies and the community and in bilateral relations with other States;
  

d) provides public property of the State administration in the field of civil aviation;
  

(e) specific rules concerning) issues certification for aerospace and civilian agents to ensure the issuance, extension of validity, validation, equivalence, modification, limitation, suspension and revocation of licences and documents for certification of civil aeronautic agents;
  

f) issue specific regulations on the safety and security of civil aviation activities and supervise compliance therewith;
  

g) issue specific rules making it mandatory for air transport of dangerous goods;
  

h) ensures the Organization of national airspace, under the present law, in cooperation with the specialized bodies of the Ministry of national defence;
  

I) coordinates the security system in the field of civil aviation approves the aeronautical facilities systems at airport level;
  

j) investigates incidents and accidents in civil aviation and issue specific rules relating to the reporting and investigation of their technique, under the present law;
  

k) regulates and ensures the exercise of the activities of civil aviation register;
  

l) issue specific rules relating to certification of aeronautical technology and ensure its certification;
  

m) issue specific rules concerning the certification of civil aeronautical personnel and ensures the validity of the issue, validation, the equivalent of, modification, limitation, suspension and revocation of licences and certification documents for this category of personnel;
  

n) ensures the management of telecommunications frequencies allocated to civil aviation;
  

o) ensure the organisation and functioning of the civil air navigation services in Romanian airspace, authorizes the making of flights into national airspace, within the limits of competences;
  

p) advises, together with the Ministry of national defence, in the case of airfields operated jointly carrying out works of civil aviation subject to servituţilor;
  

r) ensures, together with the specialized bodies of the ministries empowered by law, support operations search and rescue of civil aircraft involved in accidents;
  

s) issues regulations for the harmonization of the definitions and abbreviations used in civil aviation, in accordance with international law;
  

t) provide certification of civil airfields;
  

u) organises the work for his own Fund of statistical data in the field of civil aviation is empowered institutions is available at;
  

v) provides the legislative framework and regulations necessary for the development of a normal competitive environment in air transport;
  

x) issue specific rules relating to the reporting and investigation of occurrences, as well as civil aviation and acts of unlawful intervention on the civil aircraft;
  

y) approve charges specialised technical bodies, public institutions or economic operators as a result of the provision of activities for which they have been delegated powers in accordance with the provisions of this code. "
  

6. Article 5 shall read as follows: Art. 5. — (1) the Ministry of transport, constructions and Tourism shall, directly or through delegation of responsibility, and the appointment of specialized technical bodies-public institutions or economic operators, elaboration and implementation of specific regulations, overseeing the safety of the flight, civilian aeronautic agents certification of civil aeronautical personnel and aviation technology, advising the work carried out in the areas of civil aviation servituţilor, flight safety inspection technical investigation of accidents and incidents in civil aviation, and the inspection and control of aviation security.

(2) in the case of economic operators, the costs of the activities delegated under paragraph 1. (1) cover from charges levied for those activities.
  

(3) the conferral of competences can be achieved in the areas of strict, for which the Ministry of transport, constructions and tourism must have specialized compartments. "

  

7. In article 6, paragraph (2) shall read as follows: "(2) In national airspace air traffic is carried on both general and operational air traffic."
8. Article 7 shall read as follows: Art. 7.-The national airspace may be established, in accordance with specific rules apply: the air spaces) intended for military aviation activities, school, sport aviation, testing and approval of aircraft, as well as other activities laid down in the specific regulations;
  

b restricted air spaces), made up of hazardous areas, zones restricted or prohibited areas. "
  

9. Article 8 shall read as follows: Art. 8.-(1) shall be treated in terms of the provision of air navigation services with national airspace: a) the airspace above international Black Sea area allocated to Romania of the International Civil Aviation Organization, based on regional air navigation agreements;
  

b) airspace of other countries, in which Romania has been delegated, permanently or for a limited period, through international treaties, provision of air navigation services.
  

(2) national airspace can be integrated in terms of provision of air navigation services in one or more functional blocks of airspace established by treaties concluded by Romania with other States on the basis of specific rules applicable. "
  

10. The title of section II of chapter III shall read as follows: "SECTION of the use of the national airspace" 11. Article 11 shall read as follows: Art. 11. — (1) Any flight into national airspace should be authorized. The procedure for the approval of flights shall be regulated by the Government.

(2) the take-off and landing aircraft is carried out on civil aerodromes, certified for this purpose according to special regulations, as well as on other land or water areas, under the conditions laid down in the decision of the Government.
  

(3) State aircraft operating in a portion of airspace under the control of civil air traffic services must operate as general air traffic, while observing the rules specific to civil aviation, except where otherwise stated, through the procedures established for coordination between civil and military units of the air traffic services in accordance with the provisions of art. 10 of this code.
  

(4) Ministry of transport, constructions and tourism, Ministry of national defense, respectively, may temporarily prohibit or restrict the conduct of general air traffic in a portion of the time throughout the national airspace on grounds for defence, public order and safety, according to national duties. "
  

12. After article 11 introduce three new articles, articles 11-11 ^ 1 ^ 3, with the following content: "Art. 11 ^ 1. -The national airspace is prohibited operation of aircraft: a) equipped with or transporting nuclear, chemical weapons or other weapons of mass destruction, except as provided for in treaties to which Romania is a party;
  

b) at supersonic speed, at altitudes of less than 10,000 m, with the exception of Romanian military aircraft flights or allied States executed for carrying out combat missions;
  

c) running advertising activities using sound.
  

Art. 11 ^ 2. — (1) civil aircraft with the capability of buoyancy, while moving portions of territorial waters, which are organized as aerodromes are subject to special regulations applicable to aircraft operating on aerodromes.

(2) civil aircraft with the capability of buoyancy, while moving on the water, which is not organized as aerodromes are subject to special regulations applicable to ships, boats or vessels for inland waters.
  

(3) civil aircraft operating on sea-going vessels and River during times the vessels are subject to special regulations applicable to vessels.
  

Art. 11 ^ 3. -(1) any activity which does not fall under the category of civil aviation activities, having the effect of reaching into the airspace of the various bodies which may constitute a danger to the safety of aircraft, flights can be carried out only under the terms of the authorisation.

(2) the activities specified in paragraph 1. (1) and how their recognition shall be determined by specific rules of the Ministry of transport, constructions and tourism and Ministry of national defense. "
  

13. The title of section III of chapter III shall read as follows: "SECTION of the air navigation services". Article 12 of the section II chapter III becomes article 12 within the framework of section III of the same chapter, with the following content: "Art. 12. — (1) the air navigation services air traffic shall be provided only by certified and designated aerospace agents for this purpose, according to the special regulations apply.

(2) the portions of the national airspace where they are supplied with civil air traffic services shall be determined in accordance with the provisions of this code and the regulations applicable to the specific.
  

(3) the provision of air navigation services in a functional block of airspace, which includes the national airspace, in whole or in part, shall be in accordance with the provisions of the international treaty concerning it. "
  

15. Article 13 of the section II chapter III becomes article 13 under section III of the same chapter, with the following content: "Art. 13.-(1) all aircraft operating in the national airspace are required the payment of some charges for the use of air navigation services.

(2) the tariffs referred to in paragraph 1. (1) are non-discriminatory for the same categories of civilian flights, regardless of the nationality of the air operators and the State of registration of the aircraft being used.
  

(3) Are exempted from the payment of charges for air navigation services the following categories of en route aircraft only if the costs of these exemptions are not applied to other users who do not benefit from such amenities: a) aircraft flying V.F.R.;
  

b) Romanian military aircraft carrying out military flights, and in the case of foreign military aircraft flying, on a reciprocal basis;
  

c) aircraft used for interventions in disaster areas;
  

d) aircraft flights exclusively for the official mission of the rulers and monarchs of close family members, heads of State, heads of Government and Ministers. Official missions in all cases will be confirmed by the appropriate status indicator on the flight plan;
  

e) aircraft flying search and rescue approved by a competent body, search and rescue (SAR);
  

f) aircraft flying ending at the aerodrome from which the aircraft has taken off and during which no map was no intermediate landing;
  

g) aircraft whose maximum certified take-off mass is strictly less than two tonnes;
  

h) aircraft flying-school performed exclusively in the context of examinations in order to obtain the licence or a qualification for command and crew, it is confirmed by the corresponding indication on the flight plan;
  

I) flying aircraft solely for the purpose of checking or testing equipment used or intended to be used as ground for air navigation;
  

j) other aircraft provided by law.
  

(4) can be exempted, wholly or partly, from fees referred to in paragraph 1. (1) and other categories of aircraft, with the approval of the Ministry of transport, constructions and tourism.
  

(5) the Ministry of transport, constructions and tourism may temporarily prohibit access to national airspace aircraft air operators record the defaulted payment of charges for the use of air navigation services. "
  

16. Articles 14 and 15 shall be repealed.
17. Article 17 shall read as follows: Art. 17. — (1) civil aircraft can operate in national airspace only if they hold a certificate of registration in accordance with the provisions of the Chicago Convention.

(2) the certificate of registration is mandatory to document aircraft.
  

(3) the Ministry of transport, constructions and tourism may establish, by specific regulations, the category of civil aircraft that can operate in national airspace without holding a certificate of registration. "
  

18. In article 18, paragraph (1) shall read as follows: Art. 18. — (1) civil aircraft registered in Romania cannot be registered in another State. "
19. In article 19, paragraph (1) shall read as follows: Art. 19. — (1) registration in the commercial register through the unique registration of civil aircraft from Romania, Romanian acquires the nationality of the aircraft. "
20. Article 20 shall be repealed.
21. In article 21, the introductory part shall read as follows: Art. 21.-are recognized without discrimination, individuals and legal entities, Romanian or foreign, the following rights in civil aircraft: "

22. Article 23 shall read as follows: Art. 23.-civil Airfields can be publicly or privately owned property, open closed public use. "
23. Article 24 shall read as follows: Art. 24.-setting-up, operation and decommissioning of civil airfields are subject to special regulations issued by the Ministry of transport, constructions and tourism, with the opinion of the authorized ministries, establishing the technical requirements, operational, flight safety, aviation security and environmental protection. "
24. Article 25 shall be repealed.
25. Article 26(2) shall read as follows: Art. 26. — (1) an airfield is open to civil aircraft operation only if it is certified by the Ministry of transport, constructions and tourism.

(2) the Ministry of transport, constructions and tourism keeps the register of certified civil airfields from Romania. "
  

26. Article 27(2) shall read as follows: Art. 27. (1) All civil aircraft which run international flights with origin/destination of Romania are obliged to take off and land at an international airport or open air traffic.

(2) the conditions for certification of international civil airports open to international air traffic or shall be set by decision of the Cabinet of Ministers, on a proposal from the Ministry of transport, constructions and tourism. "
  

27. Article 28 shall read as follows: Art. 28. — (1) civil airfields Administrators have an obligation to ensure that the conditions laid down in the specific regulations applicable to the landing and take-off of aircraft, aviation safety, aircraft ground services, as well as those relating to the fight against the fires.

(2) civil airports will provide Managers and ambulance facilities and first aid for emergencies and, where appropriate, customs, phytosanitary, veterinary and human health. "
  

28. Article 29(3) shall read as follows: Art. 29. — (1) operators and, where appropriate, the competent authorities of the Member State which carries out activities on civil airfields are required to comply with the rules laid down under this code and the applicable regulations of specific administrators etc.

(2) All activities that are carried out in a civilian airfield perimeter is conducted under the coordination of the Manager of the aerodrome.
  

(3) economic operators carrying out activities within civil airfields must hold a license to work in this area, issued by the aerodrome Manager, in accordance with the specific regulations issued by the Ministry of transport, constructions and tourism. "
  

29. Article 30 shall read as follows: Art. 30.-facilities and services provided on a civil aerodrome open to the public are accessible to all, without discrimination, civil aircraft. "
30. Article 31 shall read as follows: Art. 31. — (1) the rates laid down for the use of facilities and the provision of services under art. 30 applies in a non-discriminatory manner, irrespective of the nationality of civil aircraft, and shall be published in accordance with international aviation regulations.

(2) on the open civilian airfields are exempted from the payment of airport passenger charges, landing, parking and lighting, as well as charges for Terminal air navigation services the following categories of aircraft: the Romanian military aircraft);
  

b foreign military aircraft), for which there are bilateral agreements in this respect concluded in accordance with the legal provisions in force, at the request of the Ministry of national defence;
  

c) aircraft carrying out flights exclusively for the official mission of the rulers and monarchs of close family members, heads of State, heads of Government and Ministers. Official missions in all cases will be confirmed by the appropriate status indicator on the flight plan;
  

d) aircraft carrying out flights on behalf of the United Nations, the Red Cross or Red Crescent;
  

e) civil aircraft which carries out missions of search and rescue personnel and materials or transport within those missions;
  

f) aircraft that perform humanitarian missions and the urgent relief;
  

g) aircraft are forced to land due to technical causes, due to adverse weather conditions or force majeure;
  

h) aircraft landing at the order of the Ministry of transport, constructions and tourism and the Ministry of national defence;
  

I) other aircraft provided by law.
  

(3) may be exempted, wholly or partly, from fees referred to in paragraph 1. (1) and other categories of aircraft, with the approval of the Ministry of transport, constructions and tourism.
  

(4) the exemptions provided for in paragraph 1. (2) (a). the-c)) is applicable only on civil airfields where the Romanian State is a major shareholder.
  

(5) the managers of airfields has the right to retain a civilian aircraft on the ground, where it did not pay the equivalent amount of charges referred to in paragraph (1) to extinguish debts or until proof is the establishment of adequate safeguards in relation to the alleged claim that is accepted by the aerodrome Manager, in compliance with the regulations in force. "
  

31. In article 33, paragraph (2) shall read as follows: "(2) the rights and obligations of civil aviation personnel shall be determined by specific rules under the law."
32. Article 34 shall read as follows: Art. 34.-civil aviation flight Personnel includes: a) the staff constituting the driving crew on board civil aircraft: pilots, navigators, mechanics and/or engineers and operators radionaviganţi;
  

b) cabin staff, technical or fulfilling other functions on board civil aircraft, qualified for this category of civil aircraft, which participates in the management thereof, the Board shall carry out the activities in respect of passengers and cargo, technical inspection activities for the purpose of ensuring airworthiness status verification activities in flight operation services means of communications, navigation and surveillance as well as other civil aviation activities According to the specific regulations applicable;
  

c) inspection staff in flight overhead operations;
  

d) paratroopers. "
  

33. Article 35 shall read as follows: Art. 35. nenavigant-civil aviation Staff includes: a qualified technical staff) who work directly in the planning and preparation of operational flights, to the design, manufacture, inspection, certification, maintenance, repair and operation of aeronautical technology;
  

b) personnel provide and/or ensure the air navigation services;
  

c) inspectors engaged in aeronautic activities supervision of flight safety;
  

d) staff who carry out activities specific to the aerodrome, impacting flight safety. "
  

34. Article 36 shall read as follows: Art. 36. — (1) civil aircraft Crew consists of duly certified staff, performing on board in accordance with the specific rules applicable.

(2) crew members of the aircraft are required that, throughout the period of the mission, to take on their individual certification mandatory documents provided for in specific regulations.
  

(3) Crew is in the subordination of the Commander of civil aircraft.
  

(4) civil aircraft Commander is appointed by the air operator, for each flight, unless specific regulations otherwise. "
  

35. Article 37 shall read as follows: Art. 37. — (1) the Office of the Commander of civil aircraft is carried out by the pilot, Commander for the category, class or type of civil aircraft and given appropriate license expiration date.

(2) a person who satisfies the conditions referred to in paragraph 1. (1) the Office of the Commander of the aircraft from the time of commencement of the Mission until the moment of its completion.
  

(3) civil aircraft Commander remorchează other aircraft is their commander until unleashing them. "
  

36. Article 38 shall read as follows: Art. 38. — (1) civil aircraft Commander responsible for the preparation and execution of each flight safely, and the behaviour and discipline of the crew on board and on the ground, in compliance with the provisions of this code and of the specific regulations applicable.

(2) it will refuse to take off, when irregularities in connection with the fulfilment of the tasks conferred on it in accordance with the specific rules in force. "
  

37. Article 39 shall read as follows: Art. 39. — (1) during its mission the Commander of civil aircraft may delegate his powers, but is unable to delegate responsibilities.


(2) where it is prevented from any cause during the flight or on the ground, to perform its function without prior appointment to another person to replace the position of Commander of civil aircraft will be carried out by one of the other crew members driving in the order laid down in the specific rules applicable. "
  

38. In article 40, paragraphs (4) and (5) shall read as follows: "(4) In the event of danger, the Commander of civil aircraft shall take the necessary measures to rescue the passengers, crew, cargo, and aircraft where appropriate.

(5) In case of an accident, the Commander of civil aircraft retains all powers until such time as the authority issuing duties incumbent on it in connection with the operation of the aircraft. "
  

39. Articles 41 and 42 shall be repealed.
40. Article 43 shall read as follows: Art. 43. — (1) Notwithstanding the provisions of article 5. 37, the operator may designate as Commander of civil aircraft and a person other than the pilot Commander.

(2) the obligations and responsibilities for the execution of the mission shall be divided between the Commander of civil aircraft commander and pilot, as follows: a) the pilot responds, Commander from the beginning and until the completion of the operation of civil aircraft flight, technical leadership and safety of the aircraft, and may take any measures for the realization of flight safety;
  

b) aircraft commander responsible, in accordance with the provisions of this code of execution of the Mission in good condition for all other matters which do not concern the technical leadership and safe operation of the aircraft. "
  

41. Article 45 shall read as follows: Art. 45.-public transport operations are transport by air of passengers, baggage, cargo and/or mail on commercial bases, by regular or irregular, by the air carriers. Public air transport performed in national airspace are subject to the international treaties to which Romania is a party. "
42. Article 46 shall read as follows: Art. 46. — (1) the public air transport runs under contract of carriage between the carrier and the recipient of the shipment.

(2) the contract of carriage by air, the air carrier shall undertake to carry the passengers, baggage, cargo and/or mail, and the beneficiary to pay the price. "
  

43. Article 47 shall read as follows: Art. 47. — (1) the air carrier is responsible for any damage produced by the death or injury of passengers ' health damage to or loss of baggage times, cargo and/or mail carried.

(2) the air carrier's liability Regime for air transport international public, regulated in accordance with the international treaties to which Romania is a party, and for the internal public air transport, in accordance with the provisions of common law, to the extent that it has not been determined otherwise by a special law or by an international treaty to which Romania is a party. "
  

44. Article 49 shall read as follows: Art. 49. — (1) the public air transport, other than those referred to in article 1. 48, is carried out by irregular racing.

(2) public air transport through irregular racing include flights not involving carriage of passengers between two or several aerodromes, on commercial bases, with one or more passengers on board. "
  

45. Article 50 shall read as follows: Art. 50. — (1) the Romanian air carriers can perform air transport public domestic or international routes, by regular or irregular, only holding a certificate AOC in term of validity and an air transport licence issued by Ministry of transport, constructions and tourism.

(2) the exceptions to the provisions of paragraph 1. (1) shall be determined by the Ministry of transport, constructions and tourism through specific regulations.
  

(3) foreign air carriers can perform air transport in national airspace, in accordance with the traffic rights granted by the Ministry of transport, constructions and tourism or under conditions set by international treaties to which Romania is a party. "
  

46. Article 51 shall read as follows: Art. 51. — (1) general aviation operations shall include: a) air transport in their own interest;
  

b) flights on its own account;
  

c) flights;
  

d) flights.
  

(2) air transport in their own interest represents general aviation operations carried out by a legal person, without paying a fare or its equivalent in goods or services, using their own or leased civil aircraft, which constitutes attachment to another economic activities carried out by that person, the recipient of the shipment.
  

(3) the own Flights represents general aviation operations, other than consignments in their own interest, made by natural or legal persons with own or leased civil aircraft, in order to support the activities and their own needs without charging tariffs. Flights in their own interest and include flights exclusively for the purpose.
  

(4) private Flights represents general aviation operations carried out by holders of civil aircraft, individuals, non-commercial purposes exclusively.
  

(5) School flights represent civil air operations conducted by natural or legal persons in order to prepare the civil aviation flight personnel. "
47. Article 52 shall read as follows: Art. 52. air-working Operations are of civil air operations carried out for the needs of industry, agriculture, forestry, public health and environmental protection, search and rescue, scientific research, monitoring, trouble-shooting, advertising, and other purposes by air operators certified by Ministry of transport, constructions and tourism. "
48. Article 53 shall read as follows: Art. 53.-aircraft liability Regime performs general aviation air or aerial work on Romanian territory is governed in accordance with the provisions of common law, to the extent that it has not been determined otherwise by a special law or by an international treaty to which Romania is a party. "
49. Article 54 shall read as follows: Art. 54.-for the purposes of this code, protection of the environment brings together all the activities aimed at reducing the environmental impact of civil aviation, due to the noise caused by aircraft engines, civil aviation emissions, substances used in civil aviation activities and residues resulting from the conduct of such activities. "
50. Article 55 shall read as follows: Art. 55.-Ministry of transport, constructions and Tourism shall, together with the environmental authority policies and specific rules in the field of environmental protection. "
51. Article 58 shall be repealed.
52. Article 61 shall read as follows: Art. 61. — (1) the safety of the flight represents a requirement and a criterion of performance essential for any civil aeronautical activity.

(2) flight safety is achieved through: (a) issuing specific regulations), including goal setting, as well as the required safety levels or minimum acceptable;
  

b) ensuring implementation of framework regulations, objectives and levels of safety;
  

(c) the exercise of the supervisory function) to flight safety. "
  

53. Article 62 shall read as follows: Art. 62. — (1) the function of supervision of flight safety in civil aviation at the national level is through designation and delegation of responsibility from the Ministry of Transports, constructions and tourism, according to art. 5, by a specialized technical body which operates independently of the civil aeronautic agencies subject to supervision.

(2) specialized technical Body referred to in paragraph 1. (1) has its own legal personality, is legally autonomous administratively and financially and exercising independently the tasks of a technical nature.
  

(3) until 31 December 2005, the Ministry of transport, constructions and Tourism shall designate the specialised technical body, as referred to in paragraph 1. (1), and its powers will be established by order. "
  

54. According to article 62 shall be inserted a new article, article 62 ^ 1 with the following content: "Art. 62 ^ 1. (1) specialized technical Body; 62 it may temporarily prohibit or restrict flights may perform in the national airspace by foreign civil aircraft which are held about information that their operation does not match the times maintaining minimum safety standards set on the basis of the provisions of the Chicago Convention.


(2) where such compliance with minimum standards of safety established on the basis of the provisions of the Chicago Convention on the occasion of first instance are seised of inspections carried out on ground airstrips from Romania in accordance with special regulations applicable to, and subsequent corrective measures are not applied prior to the next flight or are inadequate, specialized technical body; 62 may decide to detain civilian aircraft on the ground in question, until the deficiencies reported should immediately inform the competent Romanian authorities and those of the State of registration of the aircraft retained, and operator involved.
  

(3) the measures necessary for the retention of civil aircraft on the ground specified in paragraph 2. (2) the administrator shall, at the request of the aerodrome specialized technical body; 62, or his authorized representative. "
  

55. The title of section II of chapter IX, shall read as follows: "section a-certification of civil aeronautic agents ' 56. Article 63 shall read as follows: Art. 63.-for the purposes of flight safety, the following categories of civil aeronautic agents are subject to certification and continuous surveillance by the technical body; 62 para. (1): (a) an appropriate air) operators civil air operations they carry out;
  

b civil aeronautic agencies) having as main activity the design, manufacture and maintenance of aircraft, engines, propellers, parts and appliances, as well as those which have as their object the specialized processes, including type tests, testing and distribution of aeronautical products;
  

c civil aeronautic agencies) engaged in the design, construction, mounting, repairs to infrastructure and equipment which contributes directly to flight safety;
  

d civil aeronautic agencies) having as their object the provision of air navigation services, as well as its airports;
  

e civil aeronautic agencies) dealing with the preparation of civil aviation personnel;
  

f) other categories of civil aeronautic agents, according to specific rules. "
  

57. Articles 64 and 65 shall be repealed.
58. The title of section III of chapter IX, shall read as follows:% quot% SECTION III certification of civil aeronautical staff "59. Article 66 shall read as follows: Art. 66. — (1) the Ministry of transport, constructions and Tourism shall, by regulations, specific categories of civil aviation personnel subject to certification, as well as mandatory certification documents for civil aviation activities.

(2) Any person who furnishes proof of completion of the requirements laid down in the specific rules applicable may request certification of the aircraft as civilian staff. "
  

60. Article 67 shall read as follows: Art. 67.-civil aviation personnel Licences are nominal documents binding the individual throughout the period of activity as the civil aviation personnel. "
61. Article 68 shall be repealed.
62. Article 69 shall read as follows: Art. 69. The international treaties to which Romania is a party provide otherwise, certification documents issued by other States can be recognized or validated in Romania only if the criteria under which they have been issued lies at least at the level of the standards and recommended practices of the International Civil Aviation Organization and in specific suitability applicable national regulations. "
63. Article 70 shall read as follows: Art. 70.-medical examination of candidates applying for the certification of the aircraft as civilian personnel may only be carried out by an authorised medical facility, according to specific rules. "
64. The title of section IV of chapter IX, shall read as follows: "SECTION IV civil aircraft Certification" 65. Article 71 shall read as follows: Art. 71. — (1) civil aircraft which are registered in Romania, their propellers and engines will have a type-certificate issued according to specific regulations covering the product, including all parts and equipment installed on it.

(2) the certificate shall be in accordance with the conditions and limitations that are required in the interests of flight safety. "
  

66. Article 72 shall read as follows: Art. 72.-Parts and equipment may hold a certificate as a result of specific allocations that they are in accordance with the detailed airworthiness specifications established. "
73. Article 67 shall read as follows: Art. 73. (1) every civil aircraft must hold a certificate of airworthiness issued after individually, demonstrating that civil aircraft conforms to the approved type in the type-certificate and that all documentation, inspections and tests demonstrate that the aircraft is relevant in safe operating condition.

(2) The airworthiness certificate, which shall be permanently on board the aircraft, are part of the categories of activities for which civil aircraft may be used, as well as other conditions and limitations imposed by flight safety. "
  

68. The title of section V of chapter IX, shall read as follows: "SECTION of servituţilor areas of civil aviation" 69. Article 75 is repealed.
70. Article 76 shall read as follows: Art. 76. In order to ensure flight safety, shall be established in accordance with the specific regulations issued by the Ministry of transport, constructions and tourism, areas of civil aviation servituţilor related civil airfields and equipment of the civil air navigation services. "
71. Article 77 shall read as follows: Art. 77. servituţilor-In areas of civil aviation can be constructed and set construction facilities and new equipment only with the opinion of the Ministry of transport, constructions and tourism, and in the case of jointly operated airfields, with the opinion of the Ministry of transport, constructions and tourism, together with the Ministry of national defense. "
72. Article 78 shall read as follows: Art. 78.-the administrators of civil airfields equipments related air navigation services, as well as the owners of the land, buildings and home sites located in areas subject to servituţilor of civil aviation are required to abide by the restrictions imposed by the specific regulations relating to these areas, as well as in the notice referred to in article 1. 77.73 ". After the 5th section of chapter IX shall be inserted a new section, section VI, with the following content: "SECTION of the Transfer of responsibilities for the supervision of flight safety ' 74. In section VI of chapter IX, shall be inserted after article 78 two new articles, articles 78 and 78 ^ 1 ^ 2, with the following content: "Art. 78 ^ 1. -In the case of an aircraft registered in another Member State and operated by a Community air carrier, the Ministry of transport, constructions and tourism may conclude, in accordance with the Chicago Convention and the powers conferred on it by this code, bilateral agreements with the aeronautical authorities of that State to acquire, whether in whole or in part, its functions and obligations incumbent upon the State of registration of the aircraft.
Art. 78 ^ 2. -In the case of an aircraft registered in Romania and are operated by an air carrier from another State, Ministry of transport, constructions and tourism may conclude, in accordance with the Chicago Convention and the powers conferred on it by this code, bilateral agreements with the aeronautical authorities of that State through the transfer, in whole or in part, the functions and duties of the Romanian State as the State of registry of the aircraft. "
75. Article 81 shall read as follows: Art. 81.-aeronautical Facilities shall be in accordance with the procedures, standards and recommended practices, issued by international civil aviation organisations to which Romania is a party, as well as with European and national legislation in force. "
76. Article 82 shall read as follows: Art. 82.-civil airfields Administrators have an obligation to ensure conditions for implementing and ensuring the functioning of the system of aviation facilities at airfields which it administers. "
77. Article 83 shall read as follows: Art. 83.-In the national airspace, as well as Romanian territory for search and rescue operations of civil aircraft in distress and an aviation crash survivors shall be in accordance with national legislation concerning the management of emergency situations. "
78. Article 84 is repealed.
79. The title of chapter XIII shall read as follows: "CHAPTER XIII Technical Investigation of aviation accidents and incidents". Article 87 shall read as follows: Art. 87.-Ministry of transport, constructions and tourism is the State regulating authority, organization and activities relating to the investigation of accidents and incidents in civil aviation. "
81. Article 88 shall read as follows:

"Art. 88. — (1) the aim of the technical investigation is the establishment of the facts, the causes and circumstances that led to the accident or incident to the production of civil aviation, as well as to identify appropriate preventive measures.

(2) the objective of the technical investigation is the increased safety of flight by issuing recommendations for the prevention of similar incidents or accidents in civil aviation. "
  

82. Article 89 shall read as follows: Art. 89. — (1) the Technical Investigation is independent of the criminal or disciplinary investigation.

(2) establishing responsibilities, persons responsible, the degree of guilt, as well as sanctioning the competence of bodies empowered by law. "
  

83. Article 90 shall read as follows: Art. 90. (1) the Ministry of transport, constructions and Tourism shall issue specific rules regarding the reporting, collection, processing and archiving information on civil aviation occurrences in accordance with recommendations of the international civil aviation organizations.

(2) civil aeronautic Agencies are obliged to inform the Ministry of transports, constructions and tourism on production incidents and accidents of civil aviation.
  

(3) Confidentiality of information sources during the technical investigation, including voluntary reporting of civil aviation personnel, which underlie the commencement or conduct of an investigation, is guaranteed under the law. "
  

84. Article 91 shall read as follows: Art. 91.-civil aircraft Crews, and any natural or legal person shall be obliged to provide, at the request of the Commission of investigation during the investigation, all information and technical relationships that are known to them. "
85. Article 93 shall read as follows: Art. 93.-(1) Constitute offences, unless they have been perpetrated in such conditions that, according to the law, to constitute the offence, the following facts: a) lack of the compulsory documents on board the aircraft. 17 para. (2), art. 36 para. (2) and in article 8. 73 para. (2);
  

(b) an aircraft commander's) refusal to present civil persons authorized under the law, the compulsory documents referred to in article 1. 17 para. (2), art. 36 para. (2) and in article 8. 73 para. (2);
  

(c) Ministry of transport), safe construction and Tourism with regard to the production of aviation accidents and incidents, by those who have this obligation in accordance with the provisions of art. 90 para. (2);
  

d) conducting activities within the airport infrastructure without the license referred to in art. 29 para. (3);
  

e) civil aviation activities. 63 without holding a valid certificate, by natural or legal persons;
  

f) making public air transport operations without holding an air transport licence and/or certificate of operator referred to in art. 50 para. (1);
  

g) location of construction, plant and equipment in the areas of civil aviation servituţilor without obtaining the opinion of the Ministry of transport, constructions and tourism; 77;
  

h) breaking the restrictions imposed by the specific regulations relating to aviation or servituţilor areas through the opinions of the Ministry of transport, constructions and tourism, by the natural and legal persons as referred to in art. 78;
  

I) a civil aircraft with non-compliance and limitations listed in the certificate of airworthiness pursuant to the provisions of art. 73 para. (2);
  

j) performing the civil aircraft under the influence of alcoholic beverages or other substances prohibited by the regulatory authority. It is considered under the influence of alcoholic beverages the personnel has a îmbibaţie alcoholic blood up to 0.8 per thousand.
  

(2) by decision of the Government can be established and other offences in the field of civil aviation. "
  

86. Article 94 shall read as follows: Art. 94.-Offences under article 4. 93 para. (1) shall be imposed as follows: a) offences referred to. the-c)), with fine from 2.000 to 4,000 lei lei;
  

(b) the offences referred to in subparagraph (a)). d)-f), with fine from 3,000 to 6,000 lei lei;
  

(c) the offences referred to in subparagraph (a)). g)-j) with fine from 10,000 to 15,000 lei lei. "
  

87. Articles 95 and 96 are hereby repealed.
88. Article 97 shall read as follows: Art. 97. — (1) the finding of violations under article 4. 93, and the imposition of fines shall be made, with due regard for the legal provisions in force, the persons empowered for that purpose by the Minister of transport, constructions and tourism.

(2) the Offences referred to in articles. 93 apply to them the provisions of Ordinance No. 2/2001 relating to the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented. "
  

89. Article 100 shall be repealed.
90. Article 101 shall read as follows: Art. 101. (1) committing the offence referred to in article 1. 93 para. (1) (a). j) if it is liable to endanger the safety of the flight, shall be punished with imprisonment from one to five years.

(2) performing intoxicated by civil aviation staff shall be punished with imprisonment from one to five years.
  

(3) If the Act referred to in paragraph 1. (1) is committed by aircraft crews, the punishment is imprisonment from 2 to 7 years.
  

(4) it is considered intoxicated personnel a îmbibaţie blood alcohol greater than 0.8 per thousand. "
  

91. Article 102 shall read as follows: Art. 102. — (1) the Piloting of an aircraft to a person who does not hold the certification documents prescribed by regulations in force under piloting the aircraft in question is punishable by imprisonment from 6 months to 2 years or by a fine.

(2) if by the Act mentioned in paragraph 1. (1) was threatening the security of other flights, public health or environmental protection, the punishment is imprisonment from 2 to 5 years. "
  

92. Article 103 shall read as follows: Art. 103. — (1) shall be punished with imprisonment from three months to one year or with fine the following facts: a) the operation of an aircraft without the possession of a certificate of registration/identification and a certificate of airworthiness authorization times/equivalent documents;
  

(b) failure to comply with restrictions imposed by) specific rules relating to areas or by aviation servituţilor opinions of the Ministry of transport, constructions and tourism, by the natural and legal persons as referred to in art. 78, if the Act is likely to endanger the safety of the flight;
  

c) making public air transport operations without holding an air transport licence and/or certificate of operator referred to in art. 50 para. (1) if the Act is likely to endanger the safety of the flight;
  

d) burning out-registration certificate/identification or disposing burning marks.
  

(2) the Act referred to. a), committed after the refusal of issue of the certificate of registration or certificate of airworthiness shall be punished with imprisonment from one to three years. "
  

93. Article 105 is repealed.
94. In article 107 (1) shall read as follows: Art. 107. — (1) Committing, using a device, a weapon or a substance, an act of violence against a person in an airport, if the act endangers or is likely to endanger the safety and security of the airport, is punishable with imprisonment from 2 to 7 years. "
95. Article 108 shall read as follows: Art. 108. — (1) the destruction or serious deterioration, with the help of a device, a weapon or a substance, a civilian airport facilities or an aircraft which is not in service, but it is on an airport as well as airport service interruption, if the deed to compromise or is likely to compromise the safety and security in the airport, it is punishable with imprisonment from 3 to 10 years.

(2) Destroying or damaging plants or of air navigation services or disrupting their functioning, if the Act is likely to endanger the safety of the flight, shall be punished with imprisonment from 10 to 20 years and the prohibition of certain rights.
  

(3) the penalties mentioned in paragraph 1. (2) shall be imposed and the destruction of an aircraft in service or causing deterioration do unavailable flight times that are liable to endanger the safety of the flight.
  

(4) Placing or facilitate the placement on a civil aircraft, by whatever means, of a device or a substance able to destroy that aircraft, or to cause damage that make it unfit for flight or which is likely to endanger its safety in flight shall be punished with imprisonment of from 15 to 25 years of age and prohibition of certain rights. "
  

96. In article 111, paragraph 1 shall read as follows: Art. 111. — (1) Attempted crimes provided for in this chapter shall be punished. "
97. Article 112 shall read as follows:

"Art. 112.-survey of the facts referred to in art. 98-111, and setting in motion the criminal action within the competence of the Prosecutor's Office attached to the Court of appeal in whose territorial RADIUS have been perpetrated them. "
98. According to article 113 shall be inserted a new article, article 113 ^ 1 with the following content: "Art. 113 ^ 1. -The nature of State aid provided for by this law will be notified according to the law. 143/1999 for State aid, republished, and will be awarded only after authorization by the competition. "


Article II (1) this law shall enter into force 6 months after its publication in the Official Gazette of Romania, part I.
  

(2) the Ministry of transport, constructions and tourism will be issued or, where appropriate, specific rules will be updated in accordance with the provisions of the air Code, as amended and supplemented by this law.
  

(3) on the date of entry into force of any provisions contrary to this law are hereby repealed.
  


Article III Ordinance No. Code 29/1997, republished in the Official Gazette of Romania, part I, no. 45 of 26 January 2001, with amendments and additions made by this Bill, will the Republic Official Gazette of Romania, part I, posing a new texts.
This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (1) of the Constitution of Romania, republished.
p., PRESIDENT of the CHAMBER of DEPUTIES PRESIDENT AUGUSTIN BOLCAŞ SENATE NICOLAE VĂCĂROIU Bucharest, December 27, 2005.
Nr. 399.
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