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LAW OF THE REPUBLIC OF MOLDOVA

of July 9, 2020 No. 118

About the civil responsibility and requirements to insurance of air carriers and operators of aircrafts

The parliament adopts this organic law.

This law shifts Regulations (EU) No. 2027/97 of Council of October 9, 1997 about responsibility of air carriers in case of incidents published in the Official magazine of the European Union by L 285 of October 17, 1997, and also Regulations (EU) No. 785/2004 of the European Parliament and Council of April 21, 2004 about requirements to insurance of air carriers and operators of aircrafts published in the Official magazine of the European Union by L 138 of April 30, 2004.

Part I General provisions

Article 1. Regulation subject

(1) This law sets the mode of the civil responsibility of air carriers and operators of the aircrafts performing activities in the field of civil aviation for the damage caused to passengers, baggage, mailings, freights and the third parties and also the minimum limit of insurance sums on the corresponding covering of the civil responsibility.

(2) This law establishes regulations of the civil responsibility for the damage caused:

a) to passengers, baggage, mailings and freights during the airborne transportations performed by air carriers and operators of aircrafts of the Republic of Moldova irrespective of the place of implementation of flights, and also the foreign air carriers and operators of aircrafts performing flights in the direction from the Republic of Moldova, in its limits or over its territory;

b) to the third parties in connection with implementation of activities in the field of civil aviation (commercial air transportations, specialized business activity and aircraft of general purpose) air carriers and operators of aircrafts as Republic of Moldova, and foreign air carriers in airspace of the Republic of Moldova;

c) to flight personnel of air carriers of the Republic of Moldova as a result of incident irrespective of the place where it happened.

(3) This law does not regulate the civil responsibility of air carrier for failure to carry out of other contractual commitments if only their failure to carry out does not cause damage to the third parties.

Article 2. Purpose and tasks of the law

(1) the Purpose of this law consists in rapprochement and reduction in compliance of the national regulatory base with international in the field of the civil responsibility of air carriers for protection of legitimate interests of receivers of aviation services and the third parties.

(2) Tasks of this law are:

a) accomplishment of the obligations following from the Convention on the standardization of some rules of the international airborne transportations signed in Montreal on May 28, 1999 and other instruments of harmonization of the private international air law by ensuring proper representation of these provisions in this law, and also in regulations on its application;

b) improvement of quality of the rendered aviation services and competitiveness of national air carriers for promotion of economic interests of the Republic of Moldova within international cooperation in the field;

c) systematic development of airborne transportations and continuous flow of passengers, baggage and freights;

d) ensuring protection of interests of receivers of aviation services and the third parties by establishment of the fair compensations based on pro-rata rule;

e) ensuring protection of interests of air carriers and operators of the aircrafts by setting standards concerning the nature and limit of their civil responsibility (limits of compensation of damage) in case of incidents;

f) periodic review and adjustment of the limits of money payments set in this law for development evaluation of economic situation and events at the international forums.

Article 3. Scope

(1) This law is applied:

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