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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 20, 2018 No. 838

About approval of Methodology of the state control of business activity on the basis of risk analysis in spheres of competence of Body of civil aviation

(as amended of the Order of the Government of the Republic of Moldova of 19.08.2021 No. 136)

Based on part (2) article 16 of the Law No. 131/2012 on the state control of business activity (The official monitor of the Republic of Moldova, 2012, Art. No. 181-184, 595) DECIDES: the Government

1. Approve Methodology of the state control of business activity on the basis of risk analysis in spheres of competence of Body of civil aviation it (is applied).

2. To impose control over the implementation of this resolution on the Ministry of Economy and Infrastructure.

3. From the date of entry into force of this resolution to declare invalid the Order of the Government No. 68/2016 about approval of Methodology of planning of the state control of business activity on the basis of the analysis of criteria of the risk performed by Body of civil aviation (The official monitor of the Republic of Moldova, 2016, Art. No. 32-37, 93).

Prime Minister

Paweê Phillip

Countersigns:

Minister of Economy and Infrastructure

 

Kirill Gaburich

 

Approved by the Order of the Government of the Republic of Moldova of August 20, 2018 No. 838

Methodology of the state control of business activity on the basis of risk analysis in spheres of competence of Body of civil aviation

I. General provisions

1. The methodology of the state control of business activity on the basis of risk analysis in spheres of competence Organa of civil aviation (further - Body) is developed for the purpose of increase in efficiency of the state control and supervision of business activity in spheres of activity Organa, according to the Law No. 131/2012 on the state control of business activity and the Order of the Government No. 379/2018 on the state control of business activity on the basis of risk analysis.

This Methodology is applied with observance of provisions of part (5) article 1 of the Law No. 131/2012 on the state control of business activity.

2. Planning of control activities is performed on the basis of the analysis of criteria of risk according to the Law No. 131/2012 on the state control of business activity, this Methodology and provisions of applicable international treaties.

3. The methodological essence of the state control of business activity on the basis of risk analysis consists in their distribution by the most important criteria of risk, relevant for certain area of control, and award of the corresponding points on the predetermined scale according to ponderability of each criterion depending on its relevance for general risk level. Award of points by each criterion is performed for each checked person/company, with the subsequent their classification constituted depending on the appropriated points according to the individual level of the predicted risk. Risk analysis is applied to the choice of adequate actions from among different alternative actions.

Level of the predicted risk for each aviation agent determines the necessary frequency and intensity of the control measures applied to it.

II. Establishment of criteria risk and gradation of intensity of risk

4. Determination and review of criteria of risk, and also their gradation are performed according to the requirements and rules provided by the Order of the Government No. 379/2018 about the state control of business activity on the basis of risk analysis.

5. The criterion of risk sums up set of circumstances or characteristics of person and/or object which is subject to control, and/or the previous relations of the checked face with Body, existence and which intensity can be specified probability of damnification of life and to human health owing to activities of the economic agent, and also the extent of such harm.

6. Criteria of risk are grouped depending on the subject of control, object of control, the previous relations of person which is subject to control with Body, in the following procedure:

general criterions:

- area and/or subarea of economic activity;

- scale of the person/company;

- history of compliance to provisions of the legislation and to instructions of monitoring body;

specific criteria:

- term from the date of conducting the last check (for labor protection);

- profile of operational risk (for aviation safety and aviation safety). 

7. All criteria of risk are counterbalanced, adjusted and distributed on degrees according to specifics of fields of activity Organa:

a) aviation safety;

b) aviation safety;

c) consumer protection in the field of airborne transportations and the accompanying activities;

d) ceased to be valid.

8. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 19.08.2021 No. 136

9. Each criterion of risk is distributed on intensity degrees/levels which are evaluated according to value of risk degree. The scale of values constitutes from 1 to 5, where 1 means minimum, and 5 – the maximum risk degree.

10. In case of award of digital values are considered ponderability of each level within criterion of risk and uniformity of transition from one risk level to another so that the complete and relevant range of possible risk levels was reflected: from minimum to maximum.

11. In case of establishment of risk degree of the aviation agent / the specific company, in case of lack of data or information allowing to evaluate degree/level of intensity/ponderability of criterion of risk concerning this person / company, the Body requests necessary information from this person, if necessary, using the form of self-assessment or without that.

12. In case of non receipt of necessary information after such requirement from Body or impossibility of its obtaining (without conducting check) the Body applies the maximum number of points to the same type of economic activity, as activities of the considered aviation agent. After implementation of the first check with use of this criterion of risk the Body reviews the appropriated number of points depending on the data and information collected as a result of check.

Part 1 Criteria of risk applied to aviation safety

13. In the field of aviation safety the following criteria of risk having the following ponderability are applied:

1) Profile of operational risk

General basis: The profile of operational risk represents provisional estimate of the aviation agent in one of spheres of activity which is important for supervision of aviation safety and aviation safety on the basis of set of the criteria and procedures established according to the Management on the safety management approved by International Civil Aviation Organization [„SafetyManagementManual", ICAO, doc 9859, AN/474], the aeronautical services applied to air carriers, suppliers, to the companies for ground handling operations, the production, project organizations, the organizations for maintenance and maintenance of the flight validity of air vehicles, operators of airfield / geliporta, to services of aviation medicine and services of preparation, advanced training and certification of persons in the aviation sphere. Determination of category to which the evaluated aviation agent which is designated by letter of the Latin alphabet where "A" - the least risk category, and "E" - the most risk belongs is result of assessment of profile of risk.

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