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LAW OF THE REPUBLIC OF MOLDOVA

of December 20, 2019 No. 192

About aviation safety

(as amended of the Law of the Republic of Moldova of 03.11.2022 No. 302)

This law shifts:

– Regulations (EU) No. 300/2008 of the European parliament and Council of March 11, 2008 about general rules of safety of civil aviation and about cancellation of Regulations (EU) No. 2320/2002, published in the Official magazine of the European Union by L 97 of April 9, 2008 with the changes made by Regulations (EU) No. 18/2010 of the Commission of January 8, 2010 about modification of Regulations (EU) No. 300/2008 of the European parliament and Council in the part concerning requirements for national quality test programs in the field of safety of civil aviation published in the Official magazine of the European Union by L 7 of January 12, 2010;

– Regulations (EU) No. 272/2009 of the Commission of April 2, 2009 about amendment of the general basic standards in the field of safety of civil aviation provided in appendix to Regulations (EU) No. 300/2008 of the European parliament and Council published in the Official magazine of the European Union by L 91 of April 3, 2009;

– partially No. 1254/2009 of the Commission of December 18, 2009 about establishment of the criteria allowing state members to depart from general basic standards in the field of safety of civil aviation and to take alternative security measures published in the Official magazine of the European Union by L 338 of December 19, 2009 shifts Regulations (EU).

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Purpose, field of regulation and scope of application

(1) the Purpose of this law is ensuring fulfillment of requirements of the appendix 17 "Aviation safety" to the Convention on the international civil aviation signed in Chicago on December 7, 1944, ratified by the Resolution of Parliament No. 97/1994, and other international treaties in the field of aviation safety.

(2) This law establishes the regulatory base of protection of civil aviation against acts of illegal intervention.

(3) For goal achievement, established in parts (1) and (2), the following means are used:

a) establishment of the main legal framework and basic standards in the field of safety of civil aviation (further – basic standards);

b) establishment of mechanisms of monitoring of observance of these standards.

(4) Operation of this law extends:

a) on bodies and structures with competences in aviation safety;

b) on the airports and parts of the airports located in the territory of the Republic of Moldova except those which are used only in the military purposes;

c) on operators of the air vehicles providing services at the airports specified in Item and);

d) on operators of the air vehicles registered in the Republic of Moldova;

e) on the subjects of aircraft applying standards of aviation safety, functioning in the places located in or outside the zones belonging to the airports, and delivering goods and/or services for the airports specified in Item a), or in case of their means, and/or on operators of the air vehicles specified in Items b) and c).

Article 2. Regulatory base of aviation safety

(1) Legal regulation of aviation safety is performed based on the Constitution of the Republic of Moldova, this law and other regulations of Parliament, presidential decrees of the Republic of Moldova, ordinances and the orders of the Government, other regulations in the field, and also international treaties, one of the parties of which is the Republic of Moldova.

(2) If the international treaty, one of the parties of which is the Republic of Moldova, contains other provisions, than the national regulatory base of aviation safety, provisions of the international treaty are applied.

Article 3. Basic concepts

For the purposes of this law the following basic concepts are used:

the act of illegal intervention – action or attempt of making of the action creating safety hazard of civil aviation namely:

a) illegal capture of the air vehicle;

b) damage of the air vehicle which is in operation;

c) taking of hostages onboard the air vehicle, in airfield and/or at the airport;

d) violent penetration aboard the air vehicle, on airfield and/or in the airport or in arrangement of aeronautical means and aeronautical services;

e) placement in criminal objectives onboard the air vehicle, in airfield and/or at the airport of the prohibited objects;

f) use of the air vehicle which is in operation for the purpose of causing death, heavy bodily harms or serious damage to property and/or the environment;

g) the message of the false information capable to create safety hazard of the air vehicle which is in flight or on the earth, passengers, crews, land personnel and/or persons which are in airfield at the airport and/or in the location (indoors) of any airport construction or service of civil aviation;

activities for monitoring of compliance – the procedure or the process used for assessment of implementation of provisions of this law, the National program of safety in the field of civil aviation and other regulations in the field of aviation safety;

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

the air vehicle which is in flight – the air vehicle is considered being in flight since the moment when upon completion of landing all outside doors of the air vehicle are closed, and till the moment when one of these doors opens for disembarkation; in case of forced landing the air vehicle is considered being in flight till the moment when the competent authority accepts under the responsibility the air vehicle, persons which are on its board and property;

airfield – the delimited square (including the buildings located on it, constructions and the equipment), land or water or being on fixed construction or on fixed or floating sea construction, intended fully or partially for take-off, landing, taxing and/or the parking of air vehicles;

airfield of dual purpose – the complex including the land (water) delimited square, buildings located on it, constructions and the equipment, intended fully or partially for take-off, landing, taxing and/or the parking of civil and national air vehicles;

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

the airport of joint basing – the complex including the airfield, air terminal and certain airport constructions intended for acceptance and sending air vehicles, used for servicing of civil and military airborne transportations, and also for ensuring regulations of national defense and safety;

the aviation agent – the physical person or legal entity other than aeronautical personnel certified for implementation of activities in the field of civil aviation;

the authorized agent – the air carrier or the subject of aircraft providing measures of aviation safety concerning cargo hauling or mailings;

the security service specialist onboard – person to whom the state of the operator of air vehicles and/or State of Registry of the air vehicle stay onboard any air vehicle for the purpose of protection of this air vehicle and persons which are on its board against acts of illegal intervention is entrusted;

the prohibited objects – weapon, explosive, poisonous, radioactive or dangerous materials which can be used for making of the act of illegal intervention or which threaten life and human health or safety of civil aviation which finding in the protected zones of limited access of the airports and transportation onboard air vehicles are prohibited according to the existing regulations;

audit of aviation safety – the detailed consideration of measures and procedures of aviation safety performed for the purpose of determination of whether they are applied in full, is correct also on permanent basis;

the auditor of aviation safety – person performing activities for monitoring of compliance at the national level on behalf of administrative authority on implementation and realization of policy in the field of civil aviation;

administrative authority on implementation and realization of policy in the field of civil aviation – the Body of civil aviation of the Republic of Moldova subordinated to the central industry body in the field of civil aviation, responsible for development, ensuring coordination and monitoring of implementation of provisions of the legislation in the field of aviation safety according to this law;

civil aviation – set of the transactions which are carried out by civil air vehicles, except for transactions, carried out by the national air vehicles, and also the air vehicles which are in use of military, customs or police services;

baggage – the baggage intended for transportation in luggage section of the air vehicle;

accompanied baggage – the baggage transported in cargo section of the air vehicle which was registered for run by the passenger, the flying same air vehicle;

unaccompanied baggage – the baggage transported as load onboard the air vehicle on which there is its owner, or onboard other air vehicle;

cabin baggage – the baggage intended for transportation in passenger cab of the air vehicle;

certification of the auditor of aviation safety – procedure of official assessment and confirmation by administrative authority for implementation and realization of policy in the field of civil aviation or from his name of availability at person of necessary competence for accomplishment of functions of the auditor of aviation safety at the acceptable level as it is provided in the National quality test program in the field of safety of civil aviation;

access control – use of the equipment for ensuring aviation security by means of which unauthorized pass of persons and/or journey of vehicles can be prevented;

control of aviation safety – the procedure of check using technical or other means performed for the purpose of identification and/or detection of the prohibited objects;

control of safety of the air vehicle – the procedure of check of those parts of internal rooms of the air vehicle to which access for passengers, and also luggage section of the air vehicle for the purpose of detection of the prohibited objects and/or acts of illegal intervention is possible;

lack of aviation safety – discrepancy of one of regulations of aviation safety;

the equipment for ensuring aviation security – the device, held for use is independent or as constituent of any system for the purpose of detection of the prohibited objects and/or protection against acts of illegal intervention;

the subject of aircraft – the legal entity, other than the operator, performing activities in the field of civil aviation;

representative sampling – the selection of information performed based on monitoring options which is sufficient on number and the range for reasons for conclusions about implementation of basic standards;

search of the air vehicle for the purpose of safety – check of internal rooms and available external part of the air vehicle for the purpose of detection of the prohibited objects and acts of illegal intervention;

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