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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of March 9, 2022 No. 147

About approval of the National program for facilitation in case of airborne transportations

Based on part (4) article 44 of the Aviation code of the Republic of Moldova No. 301/2017 (The official monitor of the Republic of Moldova, 2018, Art. No. 95-104, 189), with subsequent changes, DECIDES: the Government

1. Approve the National program for facilitation in case of airborne transportations it (is applied).

2. To impose control over the implementation of this resolution on the Ministry of infrastructure and regional development.

3. Declare invalid the Order of the Government No. 1034/2000 about approval of the National program for facilitation in case of airborne transportations (The official monitor of the Republic of Moldova, 2000, Art. No. 133-136, 1142), with subsequent changes.

Prime Minister

Natalya Gavrilitsa

Countersign:

Deputy Prime Minister, minister of infrastructure and regional development

 

Andrey Spynu

Minister of Finance

Dmitry Budiyanski

Minister of Internal Affairs

Ana Revenco

 

Approved by the Order of the Government of the Republic of Moldova of March 9, 2022 No. 147

The national program for facilitation in case of airborne transportations

The national program for facilitation in case of airborne transportations shifts the Regulations of the European Parliament and Council No. 1107/2006 of July 5, 2006 about the rights of disabled people and persons with limited mobility during the travel by air (the text extends to the EEA) published in the Official magazine of the European Union by L 204/1 of July 26, 2006.

Chapter I General provisions

1. The national program for facilitation in case of airborne transportations (further - the Program) represents package of measures, the procedures promoting introduction and accomplishment of actions for the purpose of facilitation in civil aviation of the Republic of Moldova, according to requirements of documents of International Civil Aviation Organization (further - ICAO) and the European conference of civil aviation (further - EKGA).

2. Regarding application of measures for ensuring aviation security provisions of the Law No. 192/2019 on aviation safety are observed.

3. The program is developed on the basis of provisions of article 37 of the Convention on international civil aviation (further - the Chicago convention) according to which the Republic of Moldova approves the regulations and procedures brought into accord with the international standards and procedures, concerning the customs, boundary formalities connected with public health, phytosanitary and veterinary and also for operational execution of the used documents and guaranteeing services in the field of airborne transportations.

4. Proceeding from the same reasons, the Program is based also on article 22 of the Chicago convention which says that the Republic of Moldova as state member of the Chicago convention, publishes special rules and procedures for the purpose of facilitation and acceleration of airborne transportations between the territory and the territory of other states, in order to avoid unreasonable delays of air vehicles, crews, passengers and loads, observing the national regulatory base concerning border, customs, public health, phytosanitary and veterinary regulations.

5. The purpose of the Program is ensuring application of the standards and regulations established in appendix No. 9 to the Chicago convention in the Political declaration of the European conference of civil aviation - Dok.30-EKGA Part I (further - the Political declaration EKGA), in the Aviation code of the Republic of Moldova No. 301/2017, Regulations of the European Parliament and Council No. 1107/2006 of July 5, 2006 about the rights of disabled people and persons with limited mobility during the travel by air, other internal and international documents in this sphere, and also in document ICAO material management "The standard national program for facilitation in case of airborne transportations" Dok.10042.

6. The program is developed for simplification of airborne passenger and goods transportation by establishment of the rules and procedures designed to provide efficiency and flight regularity.

7. The program is directed to application and maintenance in the territory of the Republic of Moldova of all international standards concerning the applied simplified formalities, generally for national and foreign operators of air vehicles and also for the international civil airports.

8. For the purposes of this Program the following concepts are used:

the admission - the decision of Boundary police on permission of crossing of frontier in the direction of entry into the Republic of Moldova made on person according to the national regulatory base;

interactive API - electronic system by means of which in case of registration of elements of the data API collected by the operator of the air vehicle they are given to the state authorities which within time of registration of the passenger at rack transfer to the corresponding operator of air vehicles response information to each passenger and/or the crew member;

the authorized agent - the qualified person representing the operator of the air vehicle and authorized by it to carry out from his name all formalities connected with arrival, departure and design of the air vehicle of the corresponding operator, crew members, passengers, load, mail, baggage and stores with attraction if it is allowed by the regulatory base, the third party, authorized to process loads on the air vehicle;

the cargo agent - any organization, the company or their division which perform activities at the international airports in the field of airborne goods transportation;

the agent on providing with catering (catering) - any organization, the company or their division which perform activities at the international airports and provide power supply onboard air vehicles;

appendix No. 9 to the Chicago convention - the document ICAO submitted in appendix form to the Chicago convention (appendix No. 9 - Facilitation) which establishes standards in the field of facilitation in civil aviation;

appendix No. 17 to the Chicago convention - the document ICAO submitted in appendix form to the Chicago convention (appendix No. 17 - Safety) which establishes standards in the field of aviation safety and protection of civil aviation against acts of illegal intervention;

the state authorities - the public institutions of the Republic of Moldova responsible for application and observance of the national regulations concerning any aspects of the Program;

baggage - the property belonging to passengers or crew members, transported onboard the air vehicle by agreement with the operator;

mishandled baggage - passengers' luggage or crew members, inadvertently or by carelessness separated passengers or crew members;

unidentified baggage - baggage which arrived to the airport with baggage tags or without them and was not received or identified by passengers;

unaccompanied baggage - baggage which is transported as load on the same air vehicle on which there is person which is its owner or on other air vehicle;

the unclaimed baggage - baggage which arrived to the airport and was not received or demanded by passengers;

load - any property transported onboard the air vehicle, except for mails, stores and the accompanied or mishandled baggage;

the aircraft commander - the pilot responsible for control of the air vehicle and its safety during all flight time;

airline - any air transport enterprise performing regular international air flights or offering the services in this area;

Committee of users of the airport - the committee of representatives of users of the airport or the organizations representing them created according to the Regulations on access to the market of services in ground handling operations at the airports of the Republic of Moldova approved by the Order of the Government No. 971/2017;

narcotics control - the measures taken for identification (control) of illegal transportation of drugs and psychotropic substances by air track;

the automated border control - the automated system which confirms authenticity optically of the read-out electronic (biometric) travel document determines that the corresponding passenger is legal owner of the document, requests data from the integrated information system of Boundary police and determines the right to crossing of border according to statutory rules;

migratory control - actions taken by the state authorities for the purpose of ensuring control in case of entrance, transit or departure of persons from the territory of the state;

comfort of passengers - the means provided to passengers which do not have essential value for passenger check-in;

Chicago convention - The convention on international civil aviation signed in Chicago on December 7, 1944 which party the Republic of Moldova became in 1992 (The resolution of Parliament No. 97/1994 on accession of the Republic of Moldova to some international acts of international civil aviation);

one-way voyage - air run which from the point of departure to destination through any intermediate points is specified the operator the same symbol;

disembarkation - escape of the air vehicle after its landing all persons, except for the crew members and passengers continuing flight by the same one-way voyage;

the decision on denial of entry to the Republic of Moldova - the official document published by Boundary police concerning the foreign citizen or the stateless person who does not correspond to conditions of entry into the Republic of Moldova, handed to the operator whose flight person arrived to the Republic of Moldova, and, if necessary, to the foreign citizen to whom it was refused entry into the country;

the general declaration - the document which is submitted by one of crew members of Boundary police and Customs Service in case of entry into the Republic Moldova/departure from the Republic of Moldova, containing general information about the performed international flight;

the customs declaration - the one-sided document in which person expresses the desire to place goods under certain customs regime in forms and the methods provided by customs rules;

unloading - removal of loads, mails, baggage and stores from board of the air vehicle after its landing;

disinfection - the procedure according to which, if necessary, public health measure on fight and destruction of infecting agents on body of the person or on animals, inside or on the infected surfaces of the air vehicle, baggage, loads, property or containers, by direct impact is taken by chemical or physical means;

disinsection - the procedure according to which public health measure on fight or extermination of the insects found in the air vehicle, baggage, loads, containers, goods or mail is taken;

directory of open keys of ICAO - the central database existing as storage of Certificates of signatures of documents (CDS) (which contains open keys of signatures of documents), the Main list CSCA (MLCSCA), Sertifikatov of the national publishing authority of the signing country (lCCSCA) and lists of cancellation issued by Participants together with system of their distribution at world level which is supported by ICAO on behalf of Participants for the purpose of simplification of confirmation of data in eMRTD-ah;

direct transit arrangements - the special events approved by the state authorities of the Republic of Moldova based on which air vehicles (and their load), the following en route and making short-term stop in the territory of the Republic of Moldova, can remain under direct supervision of these bodies;

Dok.30-EKGA Part I - the document of the European conference of civil aviation which determines policy of this organization in the field of facilitation in civil aviation;

documents of the operator of air vehicles - the air freight bills, delivery notes, air tickets and embarcation cards, documents issued according to the bank plan of mutual calculations and the plan of mutual calculations of the agent, the receipt for payment of above-standard baggage, checks for different services, reports on damages or defects, baggage and cargo labels, schedules of flights, weight and centering documents held for use operators of air vehicles;

the aircraft equipment - objects, including first-aid medicines, the emergency equipment, held for use onboard the air vehicle in flight time, except for stores and spare parts;

ground equipment - the special fittings intended for maintenance, repair and content of air vehicles on the earth including test equipment and the equipment for load handling and servicing of passengers;

the special equipment on providing with catering - the equipment intended for storage of food and servicing of passengers;

risk assessment - assessment by authorized state bodies of the Republic of Moldova of possibility of removal of person from commercial flight, with maintenance or without that. In case of assessment of such risk all important factors, including capability of implementation of trip taking into account the state of health, physical and mental condition, behavior model and acts of violence committed in the past are taken into account;

the service provider on ground handling operations - any physical person or legal entity which provides to the third parties one or several categories of services in ground handling operations;

single window - the means allowing the parties participating in commercial and transport transactions to provide standard information and documents in one point of entrance/departure for accomplishment of all requirements of the regulatory base concerning import, export and transit transactions. In case of representation information some elements should be provided in electronic format only once;

single window for data presentation about passengers - the means allowing the parties involved in public conveyance by air track to provide standard information on passengers (for example, API, iAPI and/or PNR) through single Item of data entry, for the purpose of accomplishment of all requirements of the regulatory base concerning entrance and/or departure of passengers which can be requested by different state bodies;

person issuing itself for other person - person issuing itself for the legal owner of the authentic travel document;

landing - the introduction of persons aboard the air vehicle for the purpose of flight making, except for crew members or passengers who were taken aboard at the previous stage of this one-way voyage;

loading - process of the room of loads, mails, baggage and stores aboard the air vehicle for air transportation by certain run;

the beginning of trip - the place with which person began trip, except for the airport at which it made stop in case of direct transit, during one-way or connection flight provided that person did not leave direct transit area of the airport;

risk management - systematic application of procedures and management practice which provide Boundary police with necessary information on movement of the people or loads representing potential risk;

the load sheet - the document submitted by airlines upon the demand of state bodies of the Republic of Moldova in transit of loads air track which contains general information about carriage of goods (the operator, national and registration signs of the air vehicle, flight number, date, the loading point, the unloading point, type of cargo);

the passenger manifest - the document submitted by airlines upon the demand of the state authorities in transit of passengers air track which contains general information about the corresponding transportation (the operator, national and registration signs of the air vehicle, flight number, date, landing Item, disembarkation Item, the passenger manifest);

necessary precautionary measures - the inspection which is carried out in the point of departure by the operator's workers prepared properly to make sure that the foreign citizen or the stateless person corresponds to conditions of entry into the Republic of Moldova owns the valid travel document and, if necessary, visas or the residence permits necessary for entry into the Republic of Moldova. The purpose of check is prevention of fraudulent migration;

the minor child - person who did not reach the age of majority established by the regulatory base applied to this person;

the unaccompanied minor child - the minor child who makes trip itself or only in the company of other minor child;

electronic MRTD (eMRTD) - MRTD (the passport, the visa or the map) which contains the integrated contactless scheme used for biometric identification of the owner of MRTD according to the standards specified in the document "Machine-readable Travel Documents";

aircraft flight of general aviation - operation of the air vehicle, except commercial air transportation or the flight connected with accomplishment of aerial works;

Authorized Economic Operator - the subject participating in any kind of foreign economic activity which functions were approved by customs authorities or from their name as meeting standards of World Customs Organization or providing chain of supply with goods equivalent to standards. The Authorized Economic Operator can include producers, importers, exporters of goods, brokers, carriers, suppliers, intermediaries, operators of ship ports, operators of the airports, operators of terminals, warehouse operators, distributors and freight forwarders;

the airport parking - the parking which is on airport site or under direct control of the operator of the airport which directly services the passengers using this airport;

machine-readable passports - passports which according to international standards contain information which is read out only by means of special mechanical equipment;

person with limited opportunities - person with physical (touch or musculoskeletal, permanent or temporary), intellectual, intellectual, any other violations and/or person, whose capability to move when using of air transport is limited owing to violations or for any reasons of incapacity or age which condition requires due attention and adaptation of the services provided to all passengers to his private requirements;

the expelled person - the foreign citizen who was legally allowed on the territory of the Republic of Moldova by authorized bodies or illegally drove on the territory of the Republic of Moldova and concerning which the decision to leave the territory of the Republic of Moldova was passed;

person without the right to entrance - person to whom entrance on the territory of the Republic of Moldova by its authorized bodies is prohibited;

person without proper documents - person who performs or is going to perform trip:

a) with the overdue travel document or the invalid visa;

b) with the false, counterfeit or changed travel document or the visa;

c) with someone else's travel document or the visa; or

d) without travel document or, if necessary, the visa;

the attendant - the adult who performs trip with the minor child. This person optionally is parent or the legal guardian of the minor child;

mail - the correspondence and other objects sent by postal services and intended for them according to rules of Universal Postal Union; The Republic of Moldova joined the Constitution of Universal Postal Union and other documents of Universal Postal Union the Resolution of Parliament of the Republic of Moldova No. 1159/1997;

recommended practice - any requirement which observance is recognized substantially adequate and necessary for simplification and enhancement of the certain aspects connected with international aviation, approved by Council of ICAO according to the article 54 (l) of the Chicago convention and at which observance the State Parties aim according to the Convention;

registration - set of actions taken by Boundary police and Customs Service of the Republic of Moldova according to legal competences, for the purpose of implementation of border control, control for safety control and customs control of passengers, crews, baggage, loads/goods, mail, air vehicles;

National aviation safety programme - the regulation developed based on appendix No. 17 to the Chicago convention which establishes standards in the field of aviation safety and protection of civil aviation against actions for illegal intervention;

stores:

stores (accessories) which are taken out - goods, held for sale to passengers and crew members for the purpose of their carrying out from board of the air vehicle;

stores (accessories) spent - the sold or not sold goods intended for consumption by passengers and crew onboard the air vehicle and also the goods necessary for operation and maintenance of the air vehicle, including combustible and greases;

risk for public health - probability of occurrence of an event which can negatively affect public health, paying special attention to risk which can extend to the international level or which represents serious and next threat;

safety of border - ensuring with the state observance of own regulatory base concerning movement of goods and/or persons through frontier;

service in commercial air transportation of passengers - the service in commercial air transportation of passengers performed by airline carrier by means of the scheduled or unscheduled flight provided to the general public on paid basis, or individually or as a part of packet;

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