ORDER OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF UKRAINE

of January 22, 2007 No. 42

About approval of Rules of certification of subjects which provide services in aeronautical servicing

1. Approve Rules of certification of subjects which provide the services in aeronautical servicing which are coming into effect from 03.09.2007 (further - Rules) are applied.

2. To the deputy minister - the chairman of State aviaadministration (Kolisnik A. A.):

2.1. Provide provision of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

2.2. Organize development and approval of the actions plan, the Rules directed to realization.

2.3. Bring this order to the attention of heads of the companies which activities are connected with provision of aeronautical servicing.

3. To impose control over the implementation of this order on the deputy minister - the chairman of State aviaadministration of Kolisnik A. A.

Approved by the Order of the Ministry of Transport and Communications of Ukraine of January 22, 2007 No. 42

Rules of certification of subjects which provide services in aeronautical servicing

1. General provisions

1.1. These rules are developed for the purpose of realization of the main objectives of State aviaservice of Ukraine determined by the Regulations on the Public air service of Ukraine approved by the Presidential decree of Ukraine of 06.04.2011 No. 398.

1.2. Rules are directed to creation of conditions for effective ensuring development of civil aviation of Ukraine according to requirements of the Convention on international civil aviation and other international aviation organizations which member is Ukraine.

1.3. Rules extend to subjects of aviation activities who provide services in aeronautical servicing of general air traffic.

1.4. Rules are based on the general requirements to aeronautical servicing determined in the directive of the European Commission of 20.12.2005 N 2096/2005.

1.5. Rules are the main instrument of implementation of supervision of safety of flights, effective management of safety according to international standards and the recommended practice in the sphere of aeronautical servicing.

1.6. It is excluded

1.7. Determinations

In these Rules terms have such values:

aeronautical system (air navigation system) - set of the organizations, personnel, infrastructure, technical equipment, procedures, rules and information which are applied to providing users of airspace with safe, regular and effective aeronautical servicing;

aeronautical servicing (airnavigatio№service) - servicing which is performed by providers of aeronautical servicing at all stages of flight of aircrafts, including air traffic management, communication, navigation, observation (radio engineering providing), search and rescue, meteorological servicing and provision of aeronautical information;

aeronautical information (aeronautical information) information obtained as a result of selection, the analysis and formatting of aeronautical data;

aeronautical data (aeronautical data) - statement of aeronautical actual data, concepts or instructions in the formalized procedure suitable for communication, interpretations or processings;

audit (audit) - check of object or the subject for the purpose of determination of compliance to the established requirements and adequate ensuring proper functioning in certain circle of safety;

safety (safety) - condition in case of which the risk of harm or damage is limited to acceptable level;

verification (verification) - confirmation by means of verification of proofs that product, process or servicing meets the established requirements;

general air traffic (general air traffic) - flights of aircrafts which are carried out by civil rules and procedures and/or standards and the recommended practice of International Civil Aviation Organization;

meteorological information (meteorological information) - the meteorological report, the analysis, the forecast and any other message which concerns the actual or expected weather conditions;

meteorological servicing (meteorological service) - servicing which includes services in providing with meteorological forecasts, consultations and observations, and also other meteorological information and services which are provided for subjects of aviation activities;

supervision of safety of flights (safety oversight) - function which is performed by the relevant authority for the purpose of assurance that the purposes and requirements directed to regulation of safety of flights effectively are carried out;

danger (hazard) - any conditions, actions or circumstances which can become the cause of accident, incident, accident and so forth;

air traffic management (air traffic management) set of onboard and land functions (the organization of airspace, servicing of air traffic and the organization of flows of air traffic), aircrafts, necessary for ensuring safe movement, at all stages of flight;

assessment (assessment) - the conclusions based on the corresponding engineering, operational or analytical evaluation methods;

provider (provider) - the legal entity who provides services in aeronautical servicing;

policy on safety (safety policy) - fundamental approach which shall be accepted for safety management of flights and compliance of the organization to requirements in the sphere of safety of flights;

incidents on safety in case of air traffic management (air traffic management safety occurrences) - the incidents with aircrafts connected with operational actions when servicing air traffic and also functioning systems and technical equipment;

pro-active approach of safety management (proactive approach to safety management) - set of actions and procedures for risk management, associated with the sphere of air traffic management which are used for the purpose of achievement of acceptable levels of characteristics of safety of flights before there was catastrophic crash, incident or other incident with negative effect;

risk (risk) - combination of total probability or frequency of incident with negative effect which is caused by danger or gravity of this effect;

gravity of event (severity) - the level of effect/consequence of impact of danger on safe accomplishment of flights;

system of air traffic management (Air Traffic Management System) - part of aeronautical system which consists of land and air components of air traffic management.

The system of air traffic management includes also human resources, procedures and the equipment (technical means and the software) directed to realization of tasks on air traffic management and also provides availability of support of communication systems, navigation and observation;

safety management system (safety management system) system and accurate approach which determines the organization activity directed to safety management for the purpose of achievement of its acceptable level;

safety management (safety management) - systematic risk management, associated with the sphere of air traffic management for the purpose of achievement of acceptable levels of characteristics of safety of flights;

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