Advanced Search

Law No. 149 Of 23 July 2012 Approving Government Ordinance No. 17/2011 On Civil Aviation Security Quality Control

Original Language Title:  LEGE nr. 149 din 23 iulie 2012 pentru aprobarea Ordonanţei Guvernului nr. 17/2011 privind controlul calităţii în securitatea aviaţiei civile

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 149 149 of 23 July 2012 for approval Government Ordinance no. 17/2011 on quality control in civil aviation security
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 509 509 of 24 July 2012



The Romanian Parliament adopts this law + Article I Approval Government Ordinance no. 17 17 of 24 August 2011 on quality control in civil aviation security, adopted pursuant to art. 1 1 section III.2 of Law no. 131/2011 on the empowerment of the Government to issue ordinances, and published in the Official Gazette of Romania, Part I, no. 608 of 29 August 2011, with the following amendments: 1. The title of the ordinance shall read as follows: " ORDINANCE on quality control in civil aviation security " 2. In Article 1, paragraph 1 shall read as follows: "" Art. 1. -(1) This ordinance regulates the framework for ensuring the conditions for exercising in Romania the powers of the European Commission, provided by Regulation (EU) No 72/2010 by the Commission of 26 January 2010 laying down the procedures for carrying out Commission inspections in the field of aviation security and establishing the powers of the competent authority on the coordination and monitoring of the application of basic standards common, provided by Commission Implementing Regulation (EU) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2.320/2002 and of Regulation (EU) No 185/2010 by the Commission of 4 March 2010 laying down detailed measures for the implementation of the common basic standards in the field of aviation security and the framework for ensuring compliance monitoring activities, actions for rectification of deficiencies and certification of personnel serving quality control in the field of civil aviation security. " 3. In Article 3, paragraph 1 and points c), f) and n) of paragraph 2 shall read as follows: "" Art. 3. -(1) The competent authority in the field of civil aviation security responsible for coordinating and monitoring the application of the common basic standards established by Commission Implementing Regulation (EU) No 300/2008 , as well as with the development, implementation and maintenance of the national civil aviation security program is the Ministry of Transport and Infrastructure. ........................................................................ c) has remedial measures for deficiencies reported as a result of the Commission's inspection, ICAO or CEAC audit which cannot be promptly remedied and monitors the carrying out of the action plan to remedy the deficiencies, and then where the Commission, ICAO or CEAC remedying all deficiencies in writing; ........................................................................ f) executes the quality control in the field of civil aviation security and sets the deadlines for addressing the identified deficiencies and the application of protection measures in case of vulnerabilities; ........................................................................ n) authorizes the authorized agents, known consignors and suppliers authorized by board supplies; by known consignor means a sender who sends goods or mail on his own account and whose procedures conform to the rules and common security standards, to an extent sufficient to permit the transport of such goods or mail by any aircraft; '. 4. In Article 4, paragraphs 1 to 3 shall read as follows: "" Art. 4. -(1) The competent authority shall ensure that the inspection of the Commission in Romania is carried out in accordance with the provisions Regulation (EU) No 72/2010 , that the ICAO audit in Romania is carried out in accordance with the standards set out in Annex 17 and that the audit of CEAC and the assessment of vulnerabilities at airports in Romania, which may affect the quality in civil aviation security, shall be carried out in compliance with the policies contained by Doc 30. (. The competent authority shall designate the national auditor responsible for collecting the data and completing the preliminary inspection questionnaire of the Commission, in accordance with the provisions of art. 7 7 para. ((2) of Regulation (EU) No 72/2010 ,, as well as the civil aviation security auditor with powers to collect the data and to complete the ICAO preliminary audit questionnaire or CEAC or the preliminary vulnerability assessment questionnaire. (. The competent authority shall designate among the civil aviation security auditors a national coordinator for the inspection activity of the Commission, in accordance with the provisions of art. 8 8 para. ((3) of Regulation (EU) No 72/2010 ,, as well as for the audit of ICAO or CEAC, hereinafter referred to as the national coordinator. ' 5. Article 4 (7) shall be repealed. 6. In Article 4, paragraph 9 shall read as follows: " (9) Provisions of para. (8) shall also be applied to the ICAO or CEAC auditors, during the performance in Romania of the ICAO audit or the CEAC, as well as for the CEAC evaluators, for the duration of the assessment of the vulnerabilities, with the exception of the provisions on the authorization to introduce prohibited articles. " 7. In Article 5, paragraphs 4 and 11 shall read as follows: " (4) Persons who hold a training in the field, but who do not hold the quality of civil aviation security auditor, may be co-opted. ........................................................................ (11) By exception to the provisions of par. ((10), in the case of establishing by the Commission additional requirements compared to the current ones, the competent authority may also use specialised personnel in the field outside its own structures. " 8. In Article 6, paragraph 2 shall read as follows: "" (2) The frequency of the security audit at civil airports in Romania, the Romanian air carriers and the cargo and postal skills agents is at least one to 2 years, and to other entities that apply aviation security standards is at least one to 3 years. " 9. Article 8 shall read as follows: "" Art. 8. -In order to carry out the compliance monitoring activities, the members of the audit team, the members of the inspection team and the members of the test team shall receive an allowance the amount of which shall be determined by the competent authority by order of the Minister of Transport and Infrastructure " 10. In Article 9, paragraph 1 shall read as follows: "" Art. 9. -(1) The expertise referred to in point 9 of Annex II to Regulation (EC) No [...] 300/2008 300/2008 shall be carried out by teams designated by the Head of the Civil Aviation Security Responsibilities Structure within the competent authority and which are made up of civil aviation security auditors and personnel with training in the field, belonging to other public authorities, and can be co-opted into the teams of expertise and technical consultants within the entities that have responsibilities in the field of civil aviation security. " 11. Article 9 (5) shall be repealed. 12. Article 10 (2) shall be repealed. 13. In Article 11, paragraphs 1, 2 and 4 shall read as follows: "" Art. 11. -(1) Financing the structure with responsibilities in the field of civil aviation security, established at the level of the competent authority or specialized technical body referred to in art. 3 3 para. (3), as well as the payment of allowances provided in art. 8 are made in full from their own income made up of the allocation of 0.15 euro/passenger from the security tariff charged at the airports in Romania, according to the legal provisions in force. (2) The allowances will be paid up to a maximum of 30 days after handing over the report of the structure with responsibilities in the field of civil aviation security within the competent authority for the members of the teams performing the monitoring of compliance referred to in art. 5 5 para. ((2). ........................................................................ (4) Of the amount provided as security tariff approved by the Ministry of Transport and Infrastructure, the administrations of airports in Romania allocate the amount provided in par. ((1) and shall pay monthly, after collection, to the account of the competent authority, according to the procedure established by order of the Minister of Transport and Infrastructure. " + Article II On the date of entry into force of this Law, Law no. 94/2009 on the civil aviation security audit, published in the Official Gazette of Romania, Part I, no. 250 of 15 April 2009, as amended, shall be repealed. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, IOAN OLTEAN SENATE PRESIDENT VASILE BLAGA Bucharest, July 23, 2012. No. 149. --------