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AVIATION CODE OF THE REPUBLIC OF MOLDOVA

of December 21, 2017 No. 301

The parliament accepts this code.

This code shifts Regulations (EU) No. 216/2008 of the European Parliament and Council of February 20, 2008 about general rules in the field of civil aviation and organization of the European agency on aviation safety, and also about cancellation of the Directive 91/670/EEC of Council, the Regulations (EC) No. 1592/2002 and the Directive 2004/36/EC, published in the Official magazine of the European Union by L 79 of March 19, 2008.

Chapter I. General provisions

Article 1. Scope of application

(1) Provisions of this Code are applied to activities of civil aviation, including the activities connected with it, and also to the physical persons and legal entities performing these activities in airspace and in the territory of the Republic of Moldova, as follows:

a) to designing, production, maintenance and operation of aviation products, spare parts and devices, and also to the personnel and the organizations involved in designing, production and maintenance of the corresponding products, spare parts and devices;

b) to the personnel and the organizations involved in operation of air vehicles;

c) to designing, maintenance and operation of airfields/airports/helidromes, and also to the personnel and the organizations involved in these types of activity and to protection of the territory, adjacent to airfield, without damage at the same time to the legislation on the environment and improvement of the territory;

d) to designing, production and maintenance of the equipment of airfields/airports/helidromes, and also to the personnel and the organizations involved in these types of activity;

e) to designing, production and maintenance of systems and components of air traffic management (ATM) and aeronautical servicing (ANS), and also to the personnel and the organizations involved in these types of activity;

f) to air traffic management and aeronautical servicing, and also to the personnel and the organizations involved in these types of activity;

g) to the ground handling operations necessary for arrival of air vehicles on airfield / in the airport / on helidrome and their departures from airfield / from the airport / from helidrome, to servicing of airborne transportations, and also to the personnel and the organizations involved in these types of activity;

h) to the services provided in zones of limited access of the airports and also to the personnel and the organizations involved in these types of activity;

i) to preparation and medical examination of aeronautical personnel, and also to the personnel and the organizations involved in these types of activity;

j) to the types of activity which are not relating to activities of civil aviation including the activities connected with it as a result of which the different material objects capable to pose threat for aviation safety of air vehicles get to airspace or to otherwise threaten aviation safety and aviation safety.

(2) This code is applied to air vehicles, including products, spare parts and devices established on air vehicles, which:

a) are designed or made by the organization concerning which the administrative authority on implementation and realization of policy in the field of civil aviation provides safety control;

b) are registered in the Republic of Moldova, except cases when regulating supervision of safety is delegated to other state, and are not operated by the operator of the Republic of Moldova;

c) are registered in other state and are operated by the operator, supervision of whose actions is exercised by administrative authority on implementation and realization of policy in the field of civil aviation;

d) are registered in other state or are registered in the Republic of Moldova in case regulating supervision of safety is delegated to other state, and are operated by the operator of other state in the direction, in limits or outside the Republic of Moldova;

e) are leased according to the procedure, established by the rules of civil aviation approved by the central industry body in the field of civil aviation.

(3) This code does not affect the rights of other countries affirmed in international treaties, in particular in the Convention on the international civil aviation signed in Chicago on December 7, 1944 ratified by the Resolution of Parliament No. 97/1994 (further - the Chicago convention).

(4) This code is not applied to:

a) to the products, spare parts, devices, personnel and the organizations involved in military, customs, police activities or service either other similar activities or service;

b) to airfields or their parts, and also the equipment, personnel and the organizations which are controlled and controlled by forces of national system of defense;

c) to air traffic management and aeronautical servicing, including systems and components, personnel and the organizations which are provided by forces of national system of defense or to which forces of national system of defense opened access.

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