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AVIATION CODE OF THE REPUBLIC OF MOLDOVA

of December 21, 2017 No. 301

(as amended of the Law of the Republic of Moldova of 27.07.2018 No. 140)

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.

(5) If the international treaty which party is the Republic of Moldova establishes other regulations, than those which are provided by this code are applied regulations of the international treaty.

Article 2. Purposes

(1) the Purpose of this Code is establishment and maintenance of high level of safety of civil aviation in the Republic of Moldova.

(2) In the spheres falling under action of this Code also following purposes are considered:

a) providing high level of environmental protection;

b) contribution to free movement of goods, people and services, and also providing open entry to the market of services in the field of civil aviation;

c) accomplishment of the obligations following from the Chicago convention, other international treaties in this area which party is the Republic of Moldova, by ensuring representation of these provisions in this code and in regulations on its application;

d) ensuring proper cooperation with other states and with the international organizations.

(3) by Method of goal achievement, specified in parts (1) and (2), are:

a) development, acceptance and application of all necessary acts;

b) recognition without additional requirements of the certificates, licenses, approvals or other documents on products, personnel or the organizations issued by the European agency on aviation safety (EASA), the aviation authorities of other member states of the European Union or other international organizations in the field of civil aviation if it is provided by international treaties;

c) ensuring functional independence of administrative authority on implementation and realization of policy in the field of civil aviation.

Article 3. Sovereignty over airspace

This code is applied without prejudice to complete and exclusive sovereignty over national airspace, and also to special rules of defense, public order and homeland security.

Article 4. National airspace

(1) National airspace represents column of air which stretches over the sovereign territory of the Republic of Moldova to the lower bound of extra-atmospheric space.

(2) In national airspace can be performed:

a) general air traffic;

b) operational air traffic;

c) the civil or act of war connected with use of airspace.

(National airspace includes 3):

a) the space of air traffic which is part of national airspace where aviation activities, and also the sites intended for take off and landing irrespective of their accessory and nature of flight are allowed;

b) the reserved zones which are part of national airspace intended for activities of military aviation, for educational aviation activities, sporting aviation, testing and certification of air vehicles, utilitarian and other similar activities and also for other types of activity established by special rules;

c) the regulated zones consisting of danger areas, zones of restriction of flights or prohibited areas and also conditional air tracks and zones of general activities for frontier perimeter.

(4) Classification of national airspace from the point of view of ensuring air traffic maintenance is determined according to the standards developed by International Civil Aviation Organizations which member is the Republic of Moldova.

(5) In peace time the administrative authority on implementation and realization of policy in the field of civil aviation together with the central industry body in the field of defense will organize national airspace and establishes the principles and rules of its use respectively in civil or military aviation activities.

(6) Requirements and the procedure of issue of permissions to accomplishment of flights affirm as national airspace the Government.

(7) For the reasons menacing to defense capability, public order and homeland security, administrative authority on implementation and realization of policy in the field of civil aviation or the central industry body in the field of defense can limit or temporarily prohibit according to the powers general air traffic in certain part or in all national airspace.

(8) on the basis of applicable special rules national airspace can be integrated from the point of view of provision of aeronautical servicing in one or more function blocks of airspace established by the agreements signed by the Republic of Moldova with other states.

(9) the Operations procedure against the air vehicles illegally using national airspace is determined by the Law on control of airspace No. 143/2012.

(10) the Public air vehicles which are carrying out flights regarding airspace, controlled by civil services of air traffic, shall follow rules of general air traffic. The government approves the rules for the national air vehicles ensuring aviation safety of civil air vehicles.

(11) Any activities which are not relating to activities of civil aviation as a result of which the different material objects capable to pose threat for aviation safety of air vehicles get to airspace can be carried out only on condition of preliminary approval of administrative authority on implementation and realization of policy in the field of civil aviation.

(12) start in airspace of objects in zones of air servitudes or use of the lighting instruments directed towards the air vehicle, pilot's cabin on any flight stage and also other similar actions posing threat for aviation safety Is forbidden.

Article 5. Concepts

In this code the following concepts are applied:

aviation incident - the event connected with use of the air vehicle which takes place since the moment when any person entered aboard the air vehicle with intention to make flight, till the moment when all persons which were onboard left the air vehicle, and during which:

a) any face sustains serious bodily harm or bodily harm from the death as a result:

- stays onboard the air vehicle;

- direct contact with any part of the air vehicle, including the parts separated this air vehicle;

- direct impact of stream of gases of the jet engine,

except as specified, when bodily harms are sustained owing to the natural reasons, put to themselves or put with other persons or when bodily harms are put to the stowaway passengers disappearing in the zones unavailable to passengers and crew members;

b) the air vehicle sustains damage or there is destruction of its design therefore:

- structural strength is broken, technical or flight characteristics of the air vehicle worsen; and

- extensive repair or replacement of the damaged element is required,

except as specified refusal or engine damage when only the engine is damaged, the cowl or accessories or damage comes down to air screws, wings tip, antennas, pneumatics, braking devices, fairing, small dents or holes in covering of the air vehicle;

c) the air vehicle is missing or it appears in the place where access to it is impossible;

the civil aviation activities which are referred to as also activities of civil aviation - all types of activity connected with designing, production, certification, repair, maintenance and operation of civil air vehicles, airfields and other infrastructure facilities of civil aviation, aeronautical servicing, training of civil aeronautical personnel and also the activities connected with civil aviation;

the activities connected with civil aviation - set of services which directly influence ensuring implementation of activities of civil aviation;

airfield - the certain zone (including buildings, constructions and the equipment) on the land, surface of the water or fixed or floating sea construction intended fully or partially for arrival, departure and movement on this surface of air vehicles;

the air vehicle - any device supported in the atmosphere due to interaction with air excepting interaction with the air reflected from earth's surface;

the public air vehicle - the air vehicle used in military, customs or police service;

the unmanned aerial vehicle - the air vehicle managed or automatically from board of the air vehicle, or remotely from control center on the earth or from other air vehicle piloted by crew;

the airport - the complex of constructions including the airfield, air terminal and other constructions intended for acceptance and sending air vehicles and servicing of airborne transportations;

the international airport - any airport in the territory of the Republic of Moldova which is determined by the Government for acceptance and sending the air vehicles which are carrying out the international airborne transportations and at which the boundary, customs, connected with health populations, phytosanitary, veterinary formalities, and also any other similar procedures are performed;

the aviation agent - any, except aeronautical personnel, the physical person or legal entity certified for implementation of activities in the field of civil aviation;

administrative authority on implementation and realization of policy in the field of civil aviation - Body of civil aviation of the Republic of Moldova;

permission of the operator - the document confirming the right of the operator to perform specialized business activity (aerial works);

the airspace block - airspace determined in space and time of the sizes within which aeronautical services are provided;

function block of airspace - the block of airspace based on the operational communication requirements and established regardless of frontiers within which ensuring aeronautical servicing and the related functions are based on indicators and are optimized for the purpose of strengthening in each function block of airspace of interaction between suppliers of aeronautical servicing and, in case of need, the complex supplier;

noise mapping - data presentation on certain zone about the existing or predicted noise environment depending on the noise level which shows exceeding of the operating extreme values, the number of the people suffering from it in certain zone or the number of the dwellings which are affected by defined values of noise level;

technical requirements - the normative and technical act containing provisions, requirements or standards relating to certain area or its separate element, approved by administrative authority on implementation and realization of policy in the field of civil aviation;

certification - any form of recognition of the fact that product, the spare part or the device, the organization or person conforms to applicable requirements, including provisions of this Code and regulations for its application, and also issue of the appropriate certificate confirming such compliance;

the certificate - any approval, recognition, permission, the admission, qualification mark, the certificate or other document issued as a result of certification;

the airworthiness certificate - the document certifying after inspection, audit, repair, modification or mounting that the air vehicle or its components answer existing rules of the flight validity;

the air operator certificate - the document confirming the right of the operator to carry out commercial air transportations;

control - set of actions for check of accomplishment by the aviation agent of provisions of the existing regulations which are performed by plenipotentiaries of administrative authority on implementation and realization of policy in the field of civil aviation by means of visit of the aviation agent or the invitation of his representatives in administrative authority on implementation and realization of policy in the field of civil aviation;

the coordinator - the physical person or legal entity responsible for allocation of slots and control of their use at the coordinated airport in accordance with the terms and procedure for allocation of slots, approved by the Government;

the directive of the flight validity - the mandatory written requirement published or validirovanny administrative authority on implementation and realization of policy in the field of civil aviation for operators of air vehicles of certain model / type in which it is reported about availability of the conditions interfering maintenance of the flight validity of the air vehicle, its engine, systems, components or other aeronautical equipment and subjects to elimination under the threat of loss of the flight validity;

the directive of flight safety - the regulation published by administrative authority on implementation and realization of policy in the field of civil aviation for aviation agents for the purpose of prevention and/or immediate elimination of unacceptable, inevitable and direct risk for aviation safety or for the purpose of transposing of applicable rules of safety;

the operational directive - the regulation published by administrative authority on implementation and realization of policy in the field of civil aviation for aviation agents by means of which implementation of rules of civil aviation and operational standards or application of the regulations connected with flight operation or other operational activities and/or which prohibits, limited certain types of flights is performed or the certain conditions necessary for safety-of-life function are established;

the ground equipment - any equipment, devices, the auxiliary equipment, the software or aggregates used or held for use for the purpose of operation of the air vehicle in airfield;

examination - the consideration and the analysis of documents performed by administrative authority on implementation and realization of policy in the field of civil aviation for determination of compliance to applicable formal and informative requirements;

helidrome - the airfield or certain surface segment on construction intended fully or partially for arrival, departure and movement of helicopters on this surface;

incident - any event, except aviation incident, connected with use of the air vehicle which influences or could affect safety of its operation;

aeronautical information - the information concerning safety issues of flights or relating to aeronautical, technical, administrative or legal issues;

the aviation inspector - the physical person having the certain qualification supported by the relevant documents, and authorized by administrative authority on implementation and realization of policy in the field of civil aviation for conducting aviation inspections;

aviation inspection - actions for check of the physical persons and legal entities performing activities in the field of civil aviation, and also air vehicles or their components regarding establishment of their compliance to national and international requirements and standards in the field;

sudden inspection - the inspection which is not provided by the annual plan of inspections, performed for the purpose of check of observance of the requirements established by the legislation;

platform inspection - inspection of the air vehicle, qualification of flight and cabin crews and flight documents for the purpose of check of compliance to applicable requirements;

air traffic management (ATM) - set of onboard and land functions (air traffic maintenance, airspace management and the organization of flows of air traffic), air vehicles, necessary for ensuring safe and effective movement, on all flight stages;

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