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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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LEGE no. 399 399 of 27 December 2005 to amend and supplement Government Ordinance no. 29/1997 on the Code
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 22 22 of 10 January 2006



The Romanian Parliament adopts this law + Article I Government Ordinance no. 29/1997 on the Air Code, republished in the Official Gazette of Romania, Part I, no. 45 of 26 January 2001, shall be amended and supplemented as follows: 1. The title of Government Ordinance shall read as follows: " ORDINANCE on the Civil Aviation Code ' 2. Article 1 shall read as follows: "" Art. 1. -The provisions of this air code shall apply to civil aviation activities and to natural or legal persons who carry out these activities in the national airspace and on the territory of Romania, as well as those who, through the activities deployed, may endanger flight safety and aviation security. " 3. Article 2 shall read as follows: "" Art. 2. -(1) Civil aviation activities in the territory and in the national airspace are regulated by this Air Code and other normative acts in the matter, by the Convention on International Civil Aviation, signed in Chicago on 7 December 1944, hereinafter referred to as the Chicago Convention, as well as by bi-and multilateral treaties, to which Romania is a party. ((. The application of this air code shall be without prejudice to full and exclusive sovereignty over the national airspace and to the specific regulations relating to defence, order and national security. " 4. 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-event related to the operation/use of an aircraft, which occurs between the time a person boards it, with the intention and with the legal right to carry out a flight, and the time when all persons at the board shall be landed and during which: a) a person is seriously or fatally injured, due to the fact that he finds himself: --in the aircraft; --in direct contact with any part of the aircraft, including the parts of the aircraft; -directly exposed to the jet (suction or breath of engines or propellers), except in cases where the injuries are due to natural causes, to the authorities or are produced by another person or cases in which the injuries are produced outside the area what is normally available to passengers or crew members; b) the aircraft suffers damage or a structure failure, which alters the characteristics of structural strength, performance and flight and which normally requires an important repair or replacement of the affected components, except engine failure or damage, when damage is limited to the engine, capote or its accessories or when it comes to damage limited to propellers, to wing extremities, tyres, brakes, carenages or small clogging times perforations in wrapper; c) the aircraft has disappeared or is totally inaccessible; 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 times that may jeopardise its flight safety; c) location or favoring of the location by any means of a device or a 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 of 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, air navigation services, the training 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 ownership 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 equipment, 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-aerodrome certified for public 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 certified to carry out civil aviation activities; 3.12. 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; 3.13. air operator authorization-the document certifying that an air operator may perform air or general aviation activities; 3.14. airspace block-a volume of airspace of dimensions defined in space and time, where air navigation services are provided; 3.15. functional airspace block-an airspace block which is based on operational requirements and which reflects the need to ensure an air space management at a more integrated level, without taking into account existing boundaries; 3.16. certification-recognition as a service, a product, a piece or equipment, an organization or a person conforms to the applicable requirements, as well as the issuance of a relevant certificate attesting to this compliance; certification can result and give a right, according to the regulations in force; 3.17. certificate-the document issued as a result of certification in accordance with the applicable specific regulations; 3.18. air operator certificate-the document certifying that an air operator has the capacity to carry out the public air transport activities provided for therein; 3.19. certificate of airworthiness/authorization-individual document certifying the airworthiness of an aircraft; 3.20. registration/identification certificate-individual document certifying the registration of an aircraft, giving it nationality; 3.21. type-certificate-the document defining the type-design of an aircraft and attest to the fact that this type-project complies with the applicable airworthiness requirements; 3.22. traffic right-the right of a certified air operator to carry passengers, luggage, cargo and/or mail on an air route serving two or more domestic or international airports; 3.23. civil aviation event-operational interruption, defect, mistake or any other circumstance that has or may have influence on flight safety and which does not result in an accident or serious incident; 3.24. 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; 3.25. force majeure-the civil aviation event, the incident or any unpredictable and unavoidable circumstance that generates the temporary or definitive impossibility to comply with the requirements of the authorization granted; 3.26. incident-event, other than an accident, associated with the operation of an aircraft, affecting or may affect the safety of the aircraft's operation; 3.27. serious incident-an incident whose circumstances show that an accident would have been about to occur; 3.28. technical investigation-concrete activity of identification, gathering and analysis of information for determining the causes of an incident or civil aviation accident, issuing conclusions and, on their basis, establishing recommendations on the safety of flights, as well as the formulation of proposals and recommendations to improve activities in order to prevent accidents and incidents of aviation; 3.29. 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; 3.30. the air transport licence-an individual document by which an air operator, holder of a certificate, is granted the right to carry out the public air transport operations provided for therein; 3.31. 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; 3.32. airworthiness-characteristic of the aircraft prepared for flight, consisting of its compliance with the flight admissibility regulations; 3.33. air operator-natural or legal person engaged in the operation of aircraft; 3.34. specific regulations-normative acts, procedures or standards specific to an area of activity; 3.35. 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; 3.36. air navigation service-generic term including air traffic services, aeronautical communication services, aeronautical navigation and surveillance, aeronautical weather services and information services aeronautics, defined according to the applicable specific regulations 3.37 3.37. air traffic services-air traffic control services (regional, approach and aerodrome control services), flight information services, air traffic advisory services and alarm services, defined under the applicable specific regulations; 3.38. aeronautical servitude-conditions, restrictions, obligations imposed by national and/or international regulations, in the interest of flight safety; 3.39. 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; 3.40. supervision of flight safety-activity consisting in the granting of certificates, continuous supervision of the maintenance of the conditions associated with the respective certificates, as well as the achievement of safety objectives and levels, according applicable specific regulations; 3.41. continuous surveillance-the processes to verify the continuous and systematic fulfilment of the conditions associated with the granting of a certificate during its period of validity, as well as the taking of the necessary safety measures; 3.42. aeronautical technique-technique used in aeronautics, which falls under the rules on flight safety; 3.43. air traffic-aircraft assembly which, at any given time, is in flight in a specified airspace or operating on the manoeuvre area of an aerodrome; 3.44. general air traffic-all movements of civilian aircraft, as well as all movements of state aircraft, including those of military, customs and police aircraft, which are carried out in accordance with the procedures of the Civil Aviation Organization International; 3.45. operational air traffic-all movements of civil and state aircraft that are carried out in accordance with national regulations, other than in accordance with the procedures of the International Civil Aviation Organization; 3.46. air carrier-air operator holder of an air operator certificate within the period of validity and, where applicable, of an air transport licence; 3.47. Flight V.F.R. --flight made by flight rules in sight. " 5. Article 4 shall read as follows: "" Art. 4. -The Ministry of Transport, Construction and Tourism, 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, the requirements, standards and recommendations of international civil aviation organizations and international treaties to which Romania is a party, specific regulations underlying the deployment civil aviation activities; c) represents the Government, in the field of civil aviation, in specific international and community bodies and in bilateral relations with other states; d) ensure the administration of public property of the civil aviation state; e) issue specific regulations on the certification of civil aviation agents and ensure the release, extension of validity, validation, equivalence, modification, limitation, suspension and revocation of licenses and certification documents of civil aviation agents; f) issue specific regulations on the safety and security of civil aviation activities and supervise their compliance; g) issue specific mandatory regulations for carrying out air transport of dangerous goods; h) ensure the organization of national airspace, under the conditions of this law, in collaboration with specialized bodies of the Ministry of National Defence i) coordinate the civil aviation security system, approve the aeronautical facilities systems at the level of civil airports; j) investigate incidents and accidents in the field of civil aviation and issue specific regulations regarding their reporting and technical investigation, under the conditions of this law; k) regulates and ensures the exercise of registry activities in civil aviation; l) issue specific regulations on certification of aeronautical technique and ensure its certification; m) issues specific regulations regarding the certification of civil aviation personnel and ensures the issuance, extension of validity, validation, equivalence, modification, limitation, suspension and revocation of licenses and certification documents for this category of staff; n) ensure the management of telecommunications frequencies allocated to civil aviation; o) ensure the organization and functioning of civil air navigation services in the airspace of Romania, authorize the performance of flights in the national airspace, within the limits of legal competences; p) endorses, together with the Ministry of National Defence, in the case of jointly exploited aerodromes, carrying out works subject to civil aviation servitude; 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) ensure certification of civil aerodromes; u) organize the activity for the establishment of the own civil aviation statistical data fund that is made available to the competent institutions; v) provide the legislative framework and regulations necessary for the development of a normal competitive environment in the field of air transport; x) issue specific regulations on reporting and investigation of civil aviation events, as well as acts of illicit intervention on civil aircraft; y) approve the tariffs charged by specialized 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 air code. " 6. Article 5 shall read as follows: "" Art. 5. -(1) The Ministry of Transport, Construction and Tourism ensures, directly or by delegation of competence, the appointment of specialized technical bodies-public institutions or economic operators-, the elaboration and implementation of specific regulations, supervision of flight safety, certification of civil aviation agents, civil aviation personnel and aeronautical technique, approval of works carried out in areas subject to civil aviation servitude, inspection of flight safety, technical investigation of incidents and accidents in the field of civil aviation, as well as aviation security inspection and control. (2) In the case of economic operators, the costs related to delegated activities according to ((1) shall be fully covered by the tariffs charged for those activities. (3) The delegation of powers can be carried out in areas of strict specialty, for which the Ministry of Transport, Construction and Tourism must have specialized compartments. " 7. In Article 6, paragraph 2 shall read as follows: " (2) Both general air traffic and operational air traffic shall be carried out in the national airspace. ' 8. Article 7 shall read as follows: "" Art. 7. -In the national airspace, it may be established, in accordance with the applicable specific regulations: a) reserved air spaces, intended for military, school, aeronautical sports, test and aircraft type-approval activities, as well as other activities established by specific regulations; b) restricted air spaces, consisting of dangerous areas, restricted areas or prohibited areas. " 9. Article 8 shall read as follows: "" Art. 8. -(1) They are assimilated in terms of the provision of air navigation services with the national airspace: a) the airspace above the international Black Sea area allocated to Romania by the International Civil Aviation Organization, based on regional air navigation agreements; b) the airspace of other countries, in which it was delegated to Romania, permanently or indefinitely, through international treaties, the provision of air navigation services. (2) The national airspace may be integrated in terms of the provision of air navigation services in one or more functional airspace blocks established by treaties concluded by Romania with other states, based on regulations specific applicable. ' 10. The title of Section II of Chapter III shall read as follows: " SECTION II Use of national airspace " 11. Article 11 shall read as follows: "" Art. 11. -(1) Any flight in the national airspace must be authorized. The procedure for authorization of flights is regulated by Government decision. (2) Decolation and landing of civil aircraft shall be carried out on aerodromes certified for this purpose, according to specific regulations, as well as on other land or water surfaces, under the conditions established by Government decision. (3) State aircraft operating in a portion of airspace under the control of civil air traffic services shall operate as general air traffic, complying with the civil aviation specific regulations, unless otherwise specified. provides otherwise, through the coordination procedures established between the civil and military units of air traffic services, in accordance with the provisions of art. 10 10 of this Code. (4) The Ministry of Transport, Construction and Tourism, respectively the Ministry of National Defence, may temporarily restrict or prohibit the conduct of general air traffic in a portion or in the entire national airspace for reasons on defence, public order and national security, according to their duties. " 12. After Article 11, three new articles are inserted, Articles 11 ^ 1-11 ^ 3, with the following contents: "" Art. 11 11 ^ 1. -In the national airspace it is forbidden to operate aircraft: a) which are equipped with or carrying nuclear weapons, chemical or other weapons of mass destruction, except those provided by the treaties to which Romania is a party; b) at supersonic speeds, at altitudes less than 10,000 m, with the exception of flights of Romanian military aircraft or allied states executed for the performance of combat missions; c) performing advertising activities, using sound means. Article 11 ^ 2. -(1) Civil aircraft with buoyancy capability, while moving on portions of territorial waters, which are organized as aerodromes, are subject to specific regulations applicable to aircraft operating at aerodromes. (2) Civil aircraft with buoyancy capability, while on the water, which are not organised as aerodromes, shall be subject to the specific regulations applicable to maritime, river or inland watercraft vessels. (3) Civil aircraft operating on seagoing or river vessels, while on ships, shall be subject to the specific regulations applicable to ships. Article 11 ^ 3. -(1) Any activity which does not fall under the category of civil aviation activities, having the effect of reaching the airspace of various material bodies which may constitute a hazard to the safety of aircraft flights, may be effected only under the conditions of authorisation. (2) The activities provided in par. (1) and the manner of their authorization shall be established by specific common regulations of the Ministry of Transport, Construction and Tourism and the Ministry of National Defence. " 13. The title of Section III of Chapter III shall read as follows: " SECTION III Air navigation services ' 14. Article 12 of Section II of Chapter III becomes Article 12 in Section III of the same chapter, with the following contents: "" Art. 12. -(1) Air navigation services shall be provided to air traffic only by certified and designated aeronautical agents, in accordance with the applicable specific regulations. ((. The portions of national airspace where civil air traffic services are provided shall be determined in accordance with the provisions of this Air Code and the applicable specific regulations. ((3) The provision of air navigation services in a functional airspace block, including national airspace, in part or in full, shall be in accordance with the provisions of the international treaty. " 15. Article 13 of Section II of Chapter III shall become Article 13 in Section III of the same chapter, with the following contents: "" Art. 13. -(1) All aircraft operating in the national airspace have the obligation to pay tariffs for the use of air navigation services. (2) The rates provided in par. (1) are non-discriminatory for the same categories of civil flights, irrespective of the nationality of the air operators and the State of registration of the aircraft used. (. The following categories of aircraft shall be exempt from the payment of charges for en route air navigation services only if the costs of these exemptions are not applied to the other users who do not benefit from such facilities: a) aircraft carrying out V.F.R. flights; b) Romanian military aircraft that carry out military flights, and in the case of foreign military aircraft that carry out military flights, on the basis of reciprocity; c) aircraft used for intervention in disaster areas; d) aircraft that make flights exclusively for the official mission of the reigning monarchs and close family members, 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; e) aircraft carrying out search and rescue flights authorised by a competent search and rescue body (SAR); f) aircraft carrying out flights ending at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made; g) aircraft with a maximum certified take-off mass of less than two tonnes; h) aircraft carrying out flight-school flights executed exclusively in examinations for the purpose of obtaining the licence or a qualification for the control crew and, for that purpose, is confirmed by the corresponding entry on the flight plan; i) aircraft carrying out flights solely for the purpose of checking or testing the equipment used or intended to be used as means of ground for air navigation; j) other categories of aircraft provided by law. (4) May be exempted, in whole or in part, from the payment of the tariffs provided in par. (1) and other aircraft categories, with the approval of the Ministry of Transport, Construction and Tourism. (5) The Ministry of Transport, Construction and Tourism may temporarily prohibit the access to the national airspace of aircraft to air operators who record arrears of charges for the use of navigation services aerial. " 16 articles 14 and 15 shall be repealed. 17. Article 17 shall read as follows: "" Art. 17. --(1) A civil aircraft may operate in the national airspace only if it holds a registration certificate in accordance with the provisions of the Chicago Convention. (2) The registration certificate is a mandatory document on board aircraft. (3) The Ministry of Transport, Construction and Tourism can establish, through specific regulations, categories of civil aircraft that can operate in the national airspace without holding a registration certificate. " 18. In Article 18, paragraph 1 shall read as follows: "" Art. 18. -(1) A civil aircraft registered in Romania cannot be registered in another state. " 19. In Article 19, paragraph 1 shall read as follows: "" Art. 19. -(1) By registering in the Single Register of Civil Aircraft in Romania, that aircraft acquires Romanian nationality. " 20. Article 20 shall be repealed. 21. In Article 21, the introductory part shall read as follows: "" Art. 21. -They are recognized, without discrimination, to natural and legal persons, Romanian or foreign, the following rights to civil aircraft: " 22. Article 23 shall read as follows: "" Art. 23. -Civil aerodromes may be public property or private property, open or closed to public use. " 23. Article 24 shall read as follows: "" Art. 24. -The establishment, operation and decommissioning of civil aerodromes are subject to the specific regulations issued by the Ministry of Transport, Construction and Tourism, with the opinion of the competent ministries, establishing the technical requirements, operational, flight safety, aviation security and environmental protection. " 24. Article 25 shall be repealed. 25. Article 26 shall read as follows: "" Art. 26. -(1) An aerodrome is open for the operation of civil aircraft only if certified by the Ministry of Transport, Construction and Tourism. (2) The Ministry of Transport, Construction and Tourism shall keep the register of certified civil aerodromes in Romania. " 26. Article 27 shall read as follows: "" Art. 27. -(1) All civil aircraft that execute international flights of origin/destination Romania are obliged to take off and land at an international airport or open to international air traffic. (2) The conditions for the certification of international civil airports or open to international air traffic shall be established by Government decision, at the proposal of the Ministry of Transport, Construction and Tourism. " 27. Article 28 shall read as follows: "" Art. 28. -(1) Civil aerodrome managers are required to ensure the conditions laid down by the applicable specific regulations on the safe landing and take-off of aircraft, aviation security, the services required for aircraft on the ground, as well as those on fighting fires. (2) Civil airport managers will also ensure the existence of ambulance facilities and first aid for emergency cases and, as the case may be, those of customs, border, phytosanitary, veterinary and sanitary-human. " 28. Article 29 shall read as follows: "" Art. 29. -(1) Economic operators and, where appropriate, the competent bodies of the State carrying out activities on civil aerodromes are required to comply with the rules laid down, pursuant to this air code and the applicable specific regulations, to aerodromes administrators. (2) All activities carried out within the perimeter of a civil aerodrome shall be carried out under the coordination of the aerodrome administrator. (3) Economic operators who carry out activities in the perimeter of civil aerodromes must hold a working license in this perimeter, issued by the aerodrome administrator, in accordance with the specific regulations issued by the Ministry Transport, Construction and Tourism. " 29. Article 30 shall read as follows: "" Art. 30. -Facilities and services provided on a civil aerodrome open to public use shall be accessible, without discrimination, to all civilian aircraft. " 30. Article 31 shall read as follows: "" Art. 31. -(1) Rates established for the use of facilities and provision of services provided in art. 30 shall apply in a non-discriminatory manner, irrespective of the nationality of the civil aircraft, and shall be published in accordance with international aviation regulations. (. On civil aerodromes open to public use shall be exempt from the payment of airport charges of passenger, landing, stationary and lighting, and of charges for terminal air navigation services the following categories of aircraft: a) Romanian military aircraft; b) foreign military aircraft, for which there are bilateral agreements in this regard, concluded in accordance with the legal provisions in force, at the request of the Ministry of National Defence; c) aircraft that execute flights exclusively for the official mission of the reigning monarchs and close family members, 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) aircraft performing flights for the benefit of the United Nations, Red Cross or Red Crescent; e) civil aircraft carrying out search and rescue missions or carrying personnel and materials in these missions; f) aircraft carrying out humanitarian and emergency relief missions; g) aircraft that are forced to land due to technical causes, due to adverse weather conditions or force majeure situations; h) aircraft that land available to the Ministry of Transport, Construction and Tourism and/or the Ministry of National Defence; i) other categories of aircraft provided by law. (3) May be exempted, in whole or in part, from the payment of the tariffs provided in par. (1) and other aircraft categories, with the approval of the Ministry of Transport, Construction and Tourism. (4) The exemptions provided in par. ((2) lit. a)-c) applies only to civil airfields where the Romanian state is a majority shareholder. (5) The administrators of the aerodromes have the right to hold a civil aircraft on the ground, if it has not paid the value of the tariffs provided in par. ((1), until the debits are extinguished or until proof is made to constitute sufficient guarantees in relation to the claim invoked and it is accepted by the administrator of the aerodrome, 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 established by specific regulations, under the law." 32. Article 34 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) cabin staff, technically or performing other functions on board civilian aircraft, qualified for that category of civil aircraft, which, not participating in their management, shall carry out on board activities in respect of passengers and goods, activities of technical control in order to establish the condition of airworthiness, flight verification activities of the operation of the means of communication, navigation and surveillance services, and other civil aviation activities, according to the applicable specific regulations c) the flight inspection staff of the air operations; d) paratroopers. " 33. Article 35 shall read as follows: "" Art. 35. -Unavigant civil aviation personnel include: a) qualified technical personnel working directly on the operational planning and preparation of flights, on the design, certification, manufacture, inspection, maintenance, repair and operation of the aeronautical technique; b) staff providing and/or providing air navigation services; c) aeronautical inspectors exercising flight safety supervision activities; d) aerodrome personnel performing specific activities with an impact on flight safety. " 34. Article 36 shall read as follows: "" Art. 36. -(1) The crew of the civil aircraft shall be duly certified personnel carrying out on-board activities in accordance with the applicable specific regulations. (2) Members of the aircraft crew shall be required, for the entire period of the mission, to have on them the mandatory individual certification documents provided for by the applicable specific regulations. (3) The crew is subordinated to the civilian aircraft commander. ((. The master of the civil aircraft shall be designated by the air operator, for each flight, unless otherwise specified by specific regulations. " 35. Article 37 shall read as follows: "" Art. 37. -(1) The function of a civilian aircraft commander shall be carried out by the pilot-in-command, certified for the category, class or type of the respective civil aircraft and having the corresponding licence within (2) The person who meets the conditions provided in par. ((1) has the function of aircraft commander from the moment of commencement of the mission until its termination. ((3) The commander of the civilian aircraft towing other aircraft shall be their commander until their commencement. " 36. Article 38 shall read as follows: "" Art. 38. -(1) The civilian aircraft commander shall be responsible for the safe training and execution of each flight, as well as on the crew's behaviour and discipline on board and on the ground, in compliance with the provisions of this Code of Air specific applicable. (2) It will refuse to take off when it finds irregularities in the performance of its tasks, in accordance with the specific regulations in force. " 37. Article 39 shall read as follows: "" Art. 39. -(1) During his mission the civilian aircraft commander may delegate duties, but he cannot delegate his responsibilities. (2) If it is prevented from any cause, in the course of its flight to the ground, to perform its function, in the absence of prior designation of another person to replace it, the position of civilian aircraft commander will be exercised by one of the other members of the management crew, in the order established by the applicable specific regulations. " 38. In Article 40, paragraphs 4 and 5 shall read as follows: " (4) In case of danger, the civilian aircraft commander will take the necessary measures to rescue passengers, crew, cargo, as well as the aircraft, as the case may be. ((5) In the event of an accident, the civilian aircraft commander shall maintain all his prerogatives until the authority in law releases him from his duties 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) By derogation from the provisions of art. 37 37, the operator may designate as a civilian aircraft commander and a person other than the pilot-in-command. ((. The obligations and responsibilities for the execution of the mission shall be divided between the civilian aircraft commander and the pilot-in-command, as follows: a) the pilot-in-command shall, from the commencement of and until the end of the flight operation with the civil aircraft, be responsible for the technical and safety management of the aircraft, and may b) the aircraft commander shall, in accordance with the provisions of this air code, respond to all other aspects which do not concern the technical management and safe operation of the aircraft. '; 41. Article 45 shall read as follows: "" Art. 45. -Public air transport operations are transport of passengers, luggage, cargo and/or mail, carried out on a commercial basis, by regular or irregular flights, by air carriers. Public air transport executed in the national airspace is subject to international treaties to which Romania is a party. " 42. Article 46 shall read as follows: "" Art. 46. -(1) Public air transport shall be carried out on the basis of a transport contract concluded between the air carrier and the beneficiary of the transport. ((2) By the air transport contract, the air carrier undertakes to take passengers, luggage, cargo and/or mail to its destination and the beneficiary to pay the price of the transport. " 43. Article 47 shall read as follows: "" Art. 47. -(1) The air carrier shall be liable for any damage caused by the death or injury of the health of passengers or damage or loss of luggage, goods and/or mail. ((2) The air carrier's liability regime is, for international public transport, regulated in accordance with the international treaties to which Romania is a party, and for domestic public transport, in compliance with the provisions of the common law, in so far as it has not been established 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) Public air transport, other than those provided for in art. 48, is carried out through irregular races. (. Public air transport by irregular flights shall also include flights not involving the carriage of passengers between two or more aerodromes, carried out on a commercial basis, with one or more passengers on board. " 45. Article 50 shall read as follows: "" Art. 50. -(1) Romanian air carriers may carry out public transport on domestic or international routes, through regular or irregular flights, only under the conditions of holding an air operator certificate within the period of validity and of a air transport licences issued by the Ministry of Transport, Construction and Tourism. (2) Exceptions to the provisions of par. (1) shall be established by the Ministry of Transport, Construction and Tourism by specific regulations. (3) Foreign air carriers may carry out public air transport in the national airspace, in accordance with the traffic rights granted by the Ministry of Transport, Construction and Tourism or under the conditions established 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 self-interest; b) flights for their own interest; c) private flights; d) school flights. (2) Air transport in its own interest means the general aviation operations carried out by a 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. (3) Flights in their own interest represent general aviation operations other than consignments of their own interest, carried out by natural or legal persons, with civil aircraft of their own or leased, for and in support of their needs its own activities, without charging. Flights in self-interest also include flights carried out exclusively for sport purposes. (4) Private flights are the general aviation operations carried out by civil aircraft owners, individuals, exclusively for non-commercial purposes. (5) The school flights shall mean civil air operations organised by natural or legal persons for the purpose of training civil aviation personnel. " 47. Article 52 shall read as follows: "" Art. 52. -Air work operations are civilian air operations carried out 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 by air operators certified by the Ministry of Transport, Construction and Tourism. " 48. Article 53 shall read as follows: "" Art. 53. -The regime of liability of air operators carrying out air operations of general aviation or air work on the territory of Romania is regulated in accordance with the provisions of common law, in so far as it has not been established otherwise by a special law or an international treaty to which Romania is a party. " 49. Article 54 shall read as follows: "" Art. 54. -For the purposes of this Air Code, environmental protection brings together all activities aimed at reducing the impact of civil aviation on the environment, due to the noise produced by civil aircraft, emissions from aviation engines, substances used in the framework of civil aviation activities and residues resulting from these activities. '; 50. Article 55 shall read as follows: "" Art. 55. -The Ministry of Transport, Construction and Tourism establishes, together with the environmental authority, specific policies and regulations in the field of environmental protection. " 51. Article 58 shall be repealed. 52. Article 61 shall read as follows: "" Art. 61. -(1) Flight safety is a mandatory requirement and, at the same time, a fundamental performance criterion for any civil aviation activity. (. The flight safety shall be achieved by: a) the issuance of specific regulations, including the establishment of safety objectives, as well as the required or minimally acceptable safety levels; b) ensuring the framework for implementing regulations, objectives and safety levels; c) exercise of the function of supervising flight safety. " 53. Article 62 shall read as follows: "" Art. 62. -(1) The function of supervising flight safety in civil aviation at national level is met by designation and delegation of competence from the Ministry of Transport, Construction and Tourism, under the conditions of art. 5, by a specialised technical body which operates separately from civil aviation agents subject to supervision. (2) The specialized technical body referred to in par. ((1) has its own legal personality, is administratively and financially autonomous and independently exercises its established technical tasks. (3) Until December 31, 2005, the Ministry of Transport, Construction and Tourism will designate the specialized technical body, provided in par. ((1), and shall determine its attributions by order. " 54. After Article 62, a new article is inserted, Article 62 ^ 1, with the following contents: "" Art. 62 62 ^ 1. -(1) The specialized technical body referred to in art. 62 may temporarily prohibit or restrict the performance of flights in the national airspace by foreign civil aircraft about which information is held that their operation or maintenance does not meet the minimum standards of safety established under the provisions of the Chicago Convention. ((2) If such non-conformities with the minimum safety standards established on the basis of the provisions of the Chicago Convention are referred to the ground inspections carried out on aerodromes in Romania, according to the specific regulations applicable, and subsequent corrective measures are not applied before the following flight is carried out or are inadequate, the specialized technical body referred to in art. 62 may decide on the ground retention of the respective civil aircraft, until the deficiencies reported are remedied, and will immediately inform the Romanian competent authorities and those of the retained aircraft of the aircraft, as well as the operator Involved. (3) The measures necessary for the ground retention of the civil aircraft referred to in par. (2) will be taken by the aerodrome administrator, at the request of the specialized technical body referred to in art. 62 62 or his authorised representative. ' 55. The title of Section II of Chapter IX shall read as follows: " SECTION II Certification of civil aviation agents " 56. Article 63 shall read as follows: "" Art. 63. -In order to achieve flight safety, the following categories of civil aviation agents shall be subject to continuous certification and supervision by the technical body referred to in art. 62 62 para. ((1): a) the appropriate air operators with the civilian air operations they carry out; b) civil aviation agents having as their object of activity the design, manufacture and maintenance of aircraft, engines, propellers, parts and associated equipment, as well as those who have as their object the specialized processes, including tests of the type, specialised testing and distribution of aeronautical products; c) civil aviation agents carrying out design, construction, assembly, repair for infrastructure elements and equipment directly competing in flight safety; d) civil aviation agents having as their object of activity the provision of air navigation services, as well as airport activities; e) civil aviation agents dealing with the training of civil aviation personnel; f) other categories of civil aviation agents, according to the applicable specific regulations. " 57 articles 64 and 65 shall be repealed. 58. The title of Section III of Chapter IX shall read as follows: " SECTION III Certification of civil aviation personnel " 59. Article 66 shall read as follows: "" Art. 66. -(1) The Ministry of Transport, Construction and Tourism establishes, through specific regulations, the categories of civil aviation personnel subject to certification, as well as the mandatory certification documents for the exercise of activities Civil aviation. ((2) Any person who proves the fulfilment of the requirements laid down in the applicable specific regulations may apply for certification as civil aviation personnel. " 60. Article 67 shall read as follows: "" Art. 67. -Civil aeronautical personnel certificates are individual nominal documents, mandatory for the entire duration of the activity as civil aeronautical personnel. " 61. Article 68 shall be repealed. 62. Article 69 shall read as follows: "" Art. 69. -Given that the international treaties to which Romania is a party do not provide otherwise, the certification documents issued by other states may be recognized or validated in Romania only if the criteria under which the at the level of standards and practices recommended by the International Civil Aviation Organization and in compliance with the requirements of the applicable specific national regulations. 63. Article 70 shall read as follows: "" Art. 70. -The medical examination of candidates applying for certification as civil aviation personnel can only be carried out by an authorized medical institution, according to the applicable specific regulations. " 64. The title of Section IV of Chapter IX shall read as follows: " SECTION IV Certification of civil aircraft " 65. Article 71 shall read as follows: "" Art. 71. -(1) Civil aircraft registered in Romania, their engines and propellers will hold a certificate of type issued according to the applicable specific regulations covering the product, including all parts and equipment installed on the this one. (2) The type-certificate shall include the conditions and limitations that are required in the interest of flight safety. " 66. Article 72 shall read as follows: "" Art. 72. -Parts and equipment may hold a specific certificate following the demonstration that they comply with the detailed airworthiness specifications laid down. " 67. Article 73 shall read as follows: "" Art. 73. -(1) Each civil aircraft must hold an individual airworthiness certificate issued following the demonstration that the civil aircraft is in conformity with the type-approved type-certificate and that the entire documentation, inspections and the relevant tests demonstrate that the aircraft is in safe operation condition. (2) In the certificate of airworthiness, which must be on board the aircraft at all times, the categories of activities for which the civil aircraft may be used, as well as other conditions and limitations imposed by flight safety, shall be entered. " 68. The title of Section V of Chapter IX shall read as follows: " SECTION V Areas subject to civil aviation servitude " 69. Article 75 shall be repealed. 70. Article 76 shall read as follows: "" Art. 76. -In order to ensure the safety of the flight are established, in accordance with the specific regulations issued by the Ministry of Transport, Construction and Tourism, areas subject to civil aviation servitude related to civil aerodromes and civilian air navigation service equipment. '; 71. Article 77 shall read as follows: "" Art. 77. -In areas subject to civil aviation servitude can be built and located new constructions, installations and equipment only with the opinion of the Ministry of Transport, Construction and Tourism, and in the case of jointly exploited aerodromes, with the opinion of the Ministry of Transport, Construction and Tourism, together with the Ministry of National Defence. 72. Article 78 shall read as follows: "" Art. 78. -The managers of civil aerodromes, air navigation services equipment, and owners of land, buildings and furnishings located in areas subject to civil aviation servitude are obliged to respect the restrictions imposed by the specific regulations on these areas, as well as the opinion provided for in art. 77 77. " 73. After the 5th section of Chapter IX, a new section, section VI, is inserted, with the following contents: " SECTION VI Transfer of flight safety oversight responsibilities ' 74. In Section VI of Chapter IX, after Article 78, two new articles are inserted, Articles 78 ^ 1 and 78 ^ 2, with the following contents: "" Art. 78 78 ^ 1. -In the case of an aircraft registered in another state and operated by a Romanian air operator, the Ministry of Transport, Construction and Tourism may conclude, according to the Chicago Convention and according to its duties air code, bilateral agreements with the aviation authorities of that State, taking over, in whole or in part, the functions and obligations of the State of registration of the aircraft. Art. 78 ^ 2. -In the case of an aircraft registered in Romania and operated by an air operator from another state, the Ministry of Transport, Construction and Tourism may conclude, according to the Chicago Convention and according to its duties by this air code, bilateral agreements with the aviation authorities of that State transferring, in whole or in part, the functions and obligations of the Romanian State as a State of registration of the aircraft. '; 75. Article 81 shall read as follows: "" Art. 81. -The aeronautical facilities are carried out in accordance with the procedures, standards and practices recommended, issued by the international civil aviation organizations to which Romania is a party, as well as with the specific European and national legislation in force. " 76. Article 82 shall read as follows: "" Art. 82. -Civil aerodromes administrators have the obligation to ensure the conditions for the implementation and to ensure the functioning of the aeronautical facilities system at the aerodromes they manage. " 77. Article 83 shall read as follows: "" Art. 83. -In the national airspace, as well as on the territory of Romania the search and rescue operations of civil aircraft in distress and survivors of an aviation accident are carried out in accordance with the national legislation on to emergency management. " 78. Article 84 shall be repealed. 79. The title of Chapter XIII shall read as follows: "" CHAPTER XIII Technical investigation of aviation incidents and accidents " 80. Article 87 shall read as follows: "" Art. 87. -The Ministry of Transport, Construction and Tourism is the state authority for the regulation, organization and conduct of activities on the technical investigation of incidents and accidents in civil aviation. " 81. Article 88 shall read as follows: "" Art. 88. -(1) The purpose of the technical investigation is to establish the facts, causes and circumstances that led to the occurrence of the incident or the civil aviation accident, as well as to identify the appropriate preventive measures. (2) The objective of the technical investigation is to increase flight safety by issuing recommendations to prevent similar incidents or accidents in civil aviation. " 82. Article 89 shall read as follows: "" Art. 89. -(1) The technical investigation is independent of criminal or disciplinary investigation. (2) The establishment of responsibilities, of guilty persons, of the degree of guilt, as well as the application of sanctions are of the competence of the competent bodies by law. " 83. Article 90 shall read as follows: "" Art. 90. -(1) The Ministry of Transport, Construction and Tourism issues specific regulations regarding the reporting, collection, processing and archiving of information relating to civil aviation events, in accordance with the recommendations international civil aviation organisations. (2) Civil aviation agents are required to inform the Ministry of Transport, Construction and Tourism of the occurrence of civil aviation incidents and accidents. ((3) The confidentiality of the sources of information during the technical investigation, including the voluntary reports of civil aviation personnel, which are the basis for the start or conduct of an investigation, is guaranteed under the law. " 84. Article 91 shall read as follows: "" Art. 91. -Civil aircraft crews as well as any natural or legal person shall be required to provide, at the request of the investigating committee, for the duration of the technical investigation, all information and relations known to them. " 85. Article 93 shall read as follows: "" Art. 93. -(1) It constitutes contraventions, if not committed under such conditions that, according to the law, to constitute crimes, the following facts: a) the lack on board the aircraft of the mandatory documents provided in art. 17 17 para. ((2), art. 36 36 para. ((2) and in art. 73 73 para. ((2); b) the refusal of the commander of a civil aircraft to present to the authorized persons, under the law, the mandatory documents provided in art. 17 17 para. ((2), art. 36 36 para. ((2) and in art. 73 73 para. ((2); c) non-information of the Ministry of Transport, Construction and Tourism on the occurrence of civil aviation incidents and accidents, by those who have this obligation in accordance with the provisions of art. 90 90 para. ((2); d) carrying out activities within the perimeter of the airport infrastructure without a license provided in art. 29 29 para. ((3); e) performing the civil aviation activities provided for in art. 63, without the possession of a valid certificate, by natural or legal persons; f) carrying out public air transport operations without the possession of the air transport licence and/or the operator certificate provided for in art. 50 50 para. ((1); g) location of constructions, installations and equipment in areas subject to civil aviation servitude without obtaining the opinion of the Ministry of Transport, Construction and Tourism, provided in art. 77 77; h) non-compliance with the restrictions imposed by the specific regulations regarding the areas subject to aeronautical services or through the opinions issued by the Ministry of Transport, Construction and Tourism, by the natural and legal persons provided to art. 78 78; i) operation of a civil aircraft with non-compliance with the conditions and limitations entered in the certificate of airworthiness according to 73 73 para. ((2); j) performance of the service by civil aviation personnel under the influence of alcoholic beverages or other substances prohibited by the regulatory authority. It is considered under the influence of alcoholic beverages the staff who have an alcoholic imbibation in the blood of up to 0.8 per thousand. (2) Other contravention acts in the field of civil aviation may be established by decision of the Government. " 86. Article 94 shall read as follows: "" Art. 94. -The contraventions provided in art. 93 93 para. ((1) shall be sanctioned as follows: a) the contraventions provided in lett. a)-c), with a fine of 2,000 lei to 4,000 lei; b) the contraventions provided in lett. d)-f), with a fine of 3,000 lei to 6,000 lei; c) the contraventions provided in lett. g)-j), with a fine of 10,000 lei to 15,000 lei. " 87. Articles 95 and 96 shall be repealed. 88. Article 97 shall read as follows: "" Art. 97. -(1) Finding the contraventions provided in art. 93, as well as the application of fines are made, in compliance with the legal provisions in force, by the persons empowered for this purpose by the Minister of Transport, Construction and Tourism. ((2) Contraventions provided for in art. 93 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions 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) The commission of the act provided in art. 93 93 para. ((1) lit. j), if it is likely to endanger the safety of the flight, it is punishable by imprisonment from one to 5 years. (2) The conduct of the service drunk by civil aviation personnel shall be punishable by imprisonment from one to five years. (3) If the act provided in par. (1) is committed by aircrew, the punishment is imprisonment from 2 to 7 years. (4) The staff who have an alcoholic imbibation in their blood more than 0,8 per thousand shall be considered to be drunk. " 91. Article 102 shall read as follows: "" Art. 102. -(1) The piloting of an aircraft by a person who does not hold the certification documents provided by the regulations in force for the piloting of the respective aircraft is punishable by imprisonment from 6 months to 2 years or with a fine. (2) If by the act provided in par. (1) the safety of other flights, public health or environmental protection has been endangered, the sentence is imprisonment from 2 to 5 years. " 92. Article 103 shall read as follows: "" Art. 103. -(1) They shall be punished with imprisonment from 3 months to one year or with a fine the following facts: a) the operation of an aircraft without it possessing a registration/identification certificate and a certificate/airworthiness authorization or equivalent documents; b) non-compliance with the restrictions imposed by the specific regulations regarding the areas subject to aeronautical services or through the opinions issued by the Ministry of Transport, Construction and Tourism, by the natural and legal persons provided to art. 78, if the act is likely to endanger the safety of the flight; c) carrying out public air transport operations without the possession of the air transport licence and/or the operator certificate provided for in art. 50 50 para. ((1), if the act is likely to endanger the safety of the flight; d) non-compliant inscription with the registration/identification certificate or the suppression of the inscription marks. ((2) Fapt provided in lett. 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. " 93. Article 105 shall be repealed. 94. In Article 107, paragraph 1 shall read as follows: "" Art. 107. -(1) The commission, by means of a device, a weapon or a substance, of an act of violence against a person in a civil airport, if the act endangers or is liable to endanger safety and security in the this airport, is punishable by imprisonment from 2 to 7 years. " 95. Article 108 shall read as follows: "" Art. 108. -(1) Destruction or serious damage, by means of a device, weapon or substance, installations of a civil airport or aircraft not in service, but located at an airport, as well as the interruption of the services of airport, if the act compromises or is likely to compromise safety and security at this airport, shall be punishable by imprisonment from 3 to 10 years. (2) The destruction or damage of installations or air navigation services or the disruption of their operation, if the act is likely to endanger the safety of the flight, shall be punishable by imprisonment from 10 to 20 years and prohibition some rights. (3) With the punishment provided in par. (2) the destruction of an aircraft in service or the cause of damage that make it unavailable to fly or that are likely to endanger its safety in flight shall also be sanctioned. ((4) Placing or facilitating placement on a civilian aircraft, by any means, of a device or a substance capable of destroying that aircraft or causing damage to it that makes it unfit to fly or that are likely to endanger its safety in flight is punishable by imprisonment from 15 to 25 years and the prohibition of some rights. " 96. In Article 111, paragraph 1 shall read as follows: "" Art. 111. -(1) The attempt at the offences provided for in this chapter shall be punishable. " 97. Article 112 shall read as follows: "" Art. 112. -Research of facts provided in art. 98-111, as well as the setting in motion of the criminal action are the competence of the prosecutor of the court of appeal in whose territorial area they were committed. " 98. After Article 113 a new article is inserted, Article 113 ^ 1, with the following contents: "" Art. 113 113 ^ 1. -The measures of the nature of the State aid provided for in this Law will be notified Law no. 143/1999 on state aid, republished, and will be granted only after their authorization by the Competition Council. " + 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, Construction and Tourism will issue or, as the case may be, update the specific regulations, 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 this Law, any contrary provision shall be repealed. + Article III Government Ordinance no. 29/1997 on the Air Code, republished in the Official Gazette of Romania, Part I, no. 45 of January 26, 2001, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, LUCIAN AUGUSTIN BOLCAS SENATE PRESIDENT NICOLAE VACAROIU Bucharest, December 27, 2005. No. 399. ------------