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

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LAW no.
149 of July 23, 2012 approving Government Ordinance no. 17/2011 on civil aviation security quality control


Official Gazette no. 509 of July 24, 2012

Romanian Parliament adopts this law.

Article I

Government Ordinance no. 17 of 24 August 2011 on civil aviation security quality control, adopted pursuant to art. 1 pt. III.2 of Law. 131/2011 empowering the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 608 of 29 August 2011 with the following changes:
1. Title ordinance will read as follows:
ORDINANCE on quality control in the field of civil aviation security"
2. In Article 1 (1) reads as follows:
"Art. 1 - (1) This Ordinance regulates the conditions for ensuring the exercise of the powers of the European Commission in Romania, according to Regulation (EU) no. 72 / 2010 of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation security and definition of the powers of the competent authority for the coordination and monitoring of the common basic standards laid down in Regulation (EC) no. 300/2008 of the European Parliament and 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 Regulation (EU) no. 185/2010 of 4 March 2010 laying down detailed measures implementation of common basic standards on aviation security and the assurance conduct compliance monitoring activities, the implementation of actions to rectify the deficiencies and performs quality control certification of personnel in the field of civil aviation security. "
March. Article 3 (1) and points c), f) and n) of paragraph (2) shall read as follows:
"Art. 3 - (1) The competent authority in charge of civil aviation security coordination and monitoring implementation of common basic standards laid down in Regulation (EC) no. 300/2008 and the development, implementation and maintenance of the national program for civil aviation security is the Ministry of Transport and Infrastructure.

|| | c) provides remedial action for deficiencies noted as a result of Commission inspection, the ICAO audit or CEAC that can not be remedied promptly and monitor the fulfillment of the action plan to remedy deficiencies, and when it finds rectify any deficiencies confirmed in writing to the Commission ICAO or ECAC; f

) performing quality control in the field of civil aviation security and establishes deadlines for correcting identified deficiencies and implementing protection measures for vulnerabilities;

N) authorizes agencies empowered, known consignors and authorized suppliers of in-flight supplies; by known consignor means a consignor who originates cargo or mail for its own account and whose procedures meet common rules and standards for security, to an extent sufficient to allow carriage of cargo or mail on any aircraft. "| ||

4. Article 4 (1) - (3) shall read as follows:
"Art. 4. - (1) The competent authority shall ensure that Commission inspection in Romania take place in accordance with Regulation (EU) no. 72/2010, the ICAO audit in Romania are carried out in accordance with standards established by Annex 17 and the ECAC audit and assessment of vulnerabilities at airports in Romania, which can affect the quality of civil aviation security, take place in accordance with the policies contained in Doc 30 .

(2) The competent authority shall designate national auditor responsible for collecting data and completing the questionnaire preliminary Commission inspection in accordance with Art. 7 paragraph. (2) of Regulation (EU) no. 72/2010 and civil aviation security auditor in charge of collecting data and completing the questionnaire preliminary audit questionnaire ICAO or ECAC or preliminary assessment of vulnerabilities.

(3) designate the competent authority for civil aviation security auditors a national coordinator for the inspection of the Commission, in accordance with Art. 8 paragraph. (3) of Regulation (EU) no. 72/2010, as well as ICAO audit or CEAC, hereinafter referred to as national coordinator. "

5. Article 4 (7) is repealed.
6. Article 4 (9) reads as follows:

"(9) Para. (8) shall apply accordingly and ICAO or ECAC auditors during performing the audit in Romania ICAO or ECAC and ECAC for evaluators during the evaluation vulnerabilities perform in Romania except provisions regarding the authorization of prohibited articles. "
July. Article 5 (4) and (11) shall read as follows:
"(4) The test can be co-opted team of people who have trained in the field but who do not have the quality of aviation security auditor civil.

(11) Notwithstanding the provisions of par. (10), when the Commission establish additional requirements to those present, the competent authority may also use the specialized staff outside its own structures. "

August. Article 6 (2) reads as follows:
"(2) The frequency of the security audit to civil airports in Romania, the Romanian air carriers and cargo and postal agents authorized is at least one to two years, and other entities applying aviation security standards is at least one to three years. "
September. Article 8 reads as follows:
"Art. 8. - To perform compliance monitoring activities, audit team members, members of the inspection team and the team members receive an allowance test the amount of which is determined by the competent authority by minister of transport and infrastructure. "
10. Article 9 (1) reads as follows:
"Art. 9. - (1) The expert provided at pt. 9 of Annex II to Regulation (EC) no. 300/2008 is carried out by teams appointed by driver structure with responsibility for civil aviation security from the competent authority and which are made up of auditors of civil aviation security, and personnel training in the field of other public authorities, can be co-opted into teams of expertise and technical consultants of the entities responsibilities in the field of civil aviation security. "
11. Article 9 (5) is repealed.
12. Article 10 (2) is repealed.
13. Article 11 (1), (2) and (4) shall read as follows:
"Art. 11. - (1) financing structure with responsibility for civil aviation security, constituted at the competent authority or specialized technical body referred to in art. 3 para. (3) and the allowances referred to in art. 8 is made wholly from own revenue consisting of the sum of 0.15 euro / passenger security charge levied at airports in Romania, according to legal provisions in force.

(2) Compensation will be paid after more than 30 days to submit its report, the structure of civil aviation security responsibilities of the competent authority for team members who perform compliance monitoring activities referred to in art. 5 para. (2).

(4) the amount provided as security charge approved by the Ministry of Transport and Infrastructure of Romania airports administrations allocated amount in para. (1) and a monthly transferred after collection to the account of the competent authority under the procedure established by the Minister of Transport and Infrastructure. "

Article II On entry into force of this law, Law no. 94/2009 on the audit of security in civil aviation, published in the Official Gazette of Romania, Part I, no. 250 of 15 April 2009 as amended, is hereby repealed.
this law was adopted by the Parliament of Romania, in compliance with art. 75 and art. 76 par. (2) of the Romanian Constitution.

Ioan Oltean

Vasile Blaga Bucharest, July 23, 2012.
Nr. 149. --------

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