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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 20, 2016 No. 476

About approval of Methodology of calculation and approval of rates for services of the airports and aeronautical services

(as amended of the Order of the Government of the Republic of Moldova of 20.07.2018 No. 738)

Based on article 30 of the Law No. 64-XII of May 31, 1990 on the Government (repeated publication: The official monitor of the Republic of Moldova, 2002, Art. No. 131-133, 1018), with subsequent changes and amendments, the subitem b) parts (3) article 4 of the Law No. 1237-XIII of July 9, 1997 on civil aviation (repeated publication: The official monitor of the Republic of Moldova, 2010, Art. No. 98-99, 292), with subsequent changes and amendments, DECIDES: the Government

1. Approve Methodology of calculation and approval of rates for services of the airports and aeronautical services it (is applied).

2. Proceeding from requirements of market development of transport and strategic interests of the state, the Ministry of Economy and Infrastructure can approve, in the presence of the positive conclusion Organa of civil aviation, the program of privileges and releases in case of payment of charges on services of the airports, according to the offer of administrative authority of the airport, observing concepts of justice and transparency.

3. The program of privileges and releases has the following purposes:

a) expansion of number of runs and the directions, providing fair, transparent, non-discriminatory policy as to the companies performing and the companies intending to perform activities at the airport(s) / from the airport(s) of the Republic of Moldova;

b) rendering necessary assistance to the operators providing new services;

c) encouragement of the air carriers which are carrying out or intending to carry out international carriages of passengers in the airport (a) / from the airport(s) of the Republic of Moldova, meeting all requirements and criteria specified in this program;

d) encouragement of development of the airports as transit airports.

4. The privileges provided by the program and releases can be combined, but shall not exceed 50% of the total amount specified in the accounts shown to operators according to the established rates.

5. Provision of privileges and releases can be suspended by administrative authority of the airport, without preliminary notification if the operator timely does not pay the shown bills and the current debt before administrative authority of the airport exceeds average monthly payments. The exception is constituted by debt repayment cases according to the agreement on debt reeshelonirovaniye signed between the parties.

6. This resolution has no retroactive force, does not change and does not cancel condition for creation of earlier established legal status, and also condition for repayment of any legal situation which is earlier extinguished. Besides, this decision does not change and does not cancel the occurred legal effects of the legal situation completed or which is in implementation process.

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

Prime Minister

Paweê Phillip

Countersign:

Deputy Prime Minister, Minister of Economic Affairs

 

Octavian Kalmyk

Minister of Finance

Octavian to Armash

Minister of Economy and Infrastructure

Yuriye Kirinchuk

Approved by the Order of the Government of the Republic of Moldova of April 20, 2016 No. 476

Methodology of calculation and approval of rates for services of the airports and aeronautical services

Section I. General provisions

1. The methodology of calculation and approval of rates for services of the airports and aeronautical services (further – Methodology) establishes framework of regulation of leading particulars and condition of application of airport and aeronautical charges, including calculation of rates for services of the airports and aeronautical services (cost basis), the procedure of approval of their sizes for the purpose of ensuring sustainable development of industry of civil aviation in safety conditions of flights, aeronautical safety and quality of the provided services.

2. This Methodology is intended to provide application of the regulations containing in article 15 of the Convention on international civil aviation, the Multilateral agreement about aviaroute charges and the subitem b) part (3) Articles 4, Article 13 and parts (2) - (4) article 15 of the Law No. 1237-XIII of July 9, 1997 on civil aviation.

3. This Methodology is developed according to requirements of documents of International Civil Aviation Organization (IKAO) Doc 9082 "Policy of ICAO for airport charges and charges for aeronautical servicing", Doc 9161 Management on economic aspects of aeronautical servicing", Doc 9562 "Management on economy of the airports" and the Document of the European organization for safety of air navigation (EBPOCONTROL) "Principles of establishment of basis of cost of rates for services of route air navigation and calculation of single rate of tax".

4. Based on the Agreement on general airspace signed by the Republic of Moldova and the European Union, the Methodology shifts the Directive of the European Parliament and Council No. 2009/12/CE of March 11, 2009 about airport rates published in the Official Magazine of the European Union No. L70 from

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