CIVIL AVIATION ACT

Chapter One

GENERAL PROVISIONS

Article 1

(Amended, SG 85/1998)

This Act shall govern all public relations pertaining to civil air navigation in the Republic of Bulgaria as well as to ensuring its safety and security.

Article 2

(Amended and supplemented, SG 85/1998)

(1) The Republic of Bulgaria shall have complete, exclusive and irrevocable sovereignty over the airspace above its territory, inclusive of its inland and territorial waters.

(2)  (Amended and supplemented, SG 85/1998) The Council of Ministers shall designate the airspace zones wherein aerial navigation may be restricted.

Article 2a

(New, SG 85/1998)

(1) (Amended, SG 34/2001; Amended and supplemented, SG 37/2006) The organization and supervision of the usage of civil airspace, as well as the management and air traffic control over the civil airspace of the Republic of Bulgaria shall be governed by such terms and procedures as laid down by the Minister of Transport and Communications.

(2) (Amended, SG 34/2001; Amended and supplemented, SG 37/2006) The Minister of Transport and Communications, in coordination with the Minister of Defense, shall stipulate the terms and procedures of introducing a unified system of civil and military airspace control, as well as its rules of operation.

(3) (Amended, 34/2001) The Minister of Transport and Communications and the Minister of Defence shall stipulate the rules and procedures for using the airspace in a state of transition to military air and air-traffic control in the event of increasing levels of an emergency.

Article 3

(Amended, SG 85/1998)

(1) Civil aerial navigation shall be any flying performed by civil aircraft and intended for:

1. Carriage of passengers, baggage, cargo and mail by air;

2. Providing services to agriculture, forestry and other sectors of economy;

3. Geological and geographic exploration and other scientific research;

4. Giving emergency medical attention;

5. Cultural and educational purposes, aerial photography and advertising;

6. Fire-fighting, flood-control, response to other calamities;

7. Flight training, sports, etc.

(2) Civil aircraft shall be all non-governmental planes.

Article 4

(Amended, SG 85/1998)

Applicable on board every aircraft registered in the Republic of Bulgaria shall be the laws of Bulgaria, unless otherwise provided in an international agreement that has been ratified, promulgated and put in force.

Article 5

(Amended, SG 85/1998)

(1) Every aircraft engaged in civil navigation shall be registered under this Act.

(2) Every aircraft entered in the Republic of Bulgaria's Civil Aircraft Register shall bear the distinctive nationality and registration marks of the Republic of Bulgaria.

(3) Civil aircraft used for sanitary purposes shall additionally bear the Red Cross emblem.

(4) (Amended, SG 52/2004) The Minister of Transport and Communications shall issue an order for the order of determination and application of the registration marks.

Article 6

(Amended, SG 85/1998)

(1) (Amended, SG 34/2001) Bulgarian airline operators shall be required to perform air services both domestically and abroad under commercial contracts, and in the absence of such contracts - under such terms and procedures as stipulated in a regulation enacted by the Minister of Transport and Communications.

(2) (Amended, SG 34/2001) Foreign airline operators shall be granted the privilege of operating air services in this country pursuant to an international agreement whereto the Republic of Bulgaria is a contracting party, and in the absence of such agreement - under such terms and procedures as stipulated in a regulation enacted by the Minister of Transport and Communications.

Article 7

(1) (Amended, SG 85/1998) International air carriage of passengers, baggage, cargo and mail on a scheduled service basis shall be performed by Bulgarian and international airline operators (air carriers) in compliance with such international agreements to which the Republic of Bulgaria is a signatory.

(2) (New, SG 52/2004) The appointment of a Bulgarian air carrier shall be performed under bilateral or multilateral international contracts.

(3) (New, SG 52/2004) Monopoly market position shall not be allowed to an air carrier on a regular air transportation route, unless otherwise provided by an international contract to which Bulgaria is a party. When in an international contract there are limitations for the number of Bulgarian air carriers, for the frequencies of operation of the route, or for the capacity offered, the choice shall be performed by the Minister of Transport and Communications based on a competition or through assignment when only one candidate has appeared for participation in the competition for a given route.

Article 8

(Amended, SG 85/1998)

(1) (Amended, SG 34/2001) The Minister of Transport and Communications shall be vested with the administration and supervision of civil air navigation, civil aircraft and aeronautical facilities within the Republic of Bulgaria.

(2) (Amended, SG 2001) The Minister of Transport and Communications shall discharge his functions under paragraph (1) through the Civil Aviation Administration. The Civil Aviation Administration shall be a juristic person budgeted by the Ministry of Transport and Communications and domiciled in the city of Sofia.

(3) (Amended, SG 34/2001) The Minister of Transport and Communications shall enact Rules and Regulations prescribing the structure, tasks and functions of the Civil Aviation Administration.

Article 9

(Rescinded, SG 30/1990)

Article 10

 (1) (Amended, SG 52/2004) Aircraft can be leased out based on a written contract in the country or abroad with or without a crew.

(2) (Amended, SG 52/2004) (Amended SG 66/2008) A Bulgarian lessor or leaseholder can enter into a contract for the lease of an aircraft after a preliminary written approval by the Director of the Civil Aviation Administration or by an official legally authorized by him, in the following cases, and in compliance with the provisions of Commission Regulation (EC) No 8/2008 of 11 December 2007 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane (OB, L 10/1 of 12 January 2008):

       1. dry lease to an European Community operator;

       2. dry lease to an operator outside the European Community;

       3. dry lease from an European Community operator;

       4. dry lease from an operator outside the European Community;

       5. wet lease from an operator outside the European Community;

       6. wet lease from an European Community operator.

(3) (Amended, SG 52/2004) When a Bulgarian airline operator is a party in a contract for the lease of an aircraft for a period exceeding thirty (30) days, the lease contract shall be recorded in the  Civil Aircraft Register of the Republic of Bulgaria.

(4) (New, SG 52/2004) When a Bulgarian airline operator provides to a foreign airline operator an aircraft under a dry lease contract, and signing out of the aircraft from the Civil Aircraft Register of the Republic of Bulgaria is not stipulated, the approval under Par. 2 shall be given in the condition that:

1. the country of the airline operator has ratified in the appropriate order the Protocol for Amendment of the International Civil Aviation Convention, signed in Montreal on 6 October 1980 regarding Art. 83 bis;

2. the aviation administration of the country of the airline operator signs an agreement for the undertaking of all or part of the functions and obligations of the state of registration with regard to the aircraft.

(5) (New, SG 52/2004) The application for a preliminary approval under Par. 2 shall be made by the Bulgarian aircraft operator to the Director of the Civil Aviation Administration and shall contain:

1. name and address of the lessor and the leaseholder;

2. type of lease;

3. reason and purpose of the lease;

4. beginning date and term of the lease contract;

5. type and registration marks of the aircraft;

6. country of registration of the aircraft;

7. name of the Bulgarian aircraft operator under whose aircraft operator license the aircraft is going to be operated, respectively a copy of the aircraft operator license or another equivalent document of the foreign aircraft operator;

8. name of the aircraft operator or of the entity under whose commercial control and commercial rights the aircraft is going to be operated;

9. detailed description of the planned activity, including regular or irregular air services, transportation of passengers, transportation of cargo, region of operation, destinations and airports;

10. base airport and the names of the person or persons who realize the technical maintenance and the repair of the aircraft.

11.  (New, SG 66/2008) documents certifying compliance with the relevant requirements of Commission Regulation (EC) No 8/2008 of 11 December 2007 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane.

(6) (New, SG 52/2004) A copy of the draft lease contract shall be attached to the application under Par. 5.

(7) (New, SG 52/2004) The approval shall be given for the term of validity of the lease contract except for the cases when the aircraft is being operated under a wet lease contract. In these cases the approval shall be given for a term of up to 6 months.

(8) (New, SG 52/2004) The Director of the Civil Aviation Administration shall review the submitted applications within 10 days from the date of their entry, and in the cases under Par. 4 - within 20 days. If necessary, a term for the elimination of non-compatibilities or non-comprehensiveness may be given.

(9) (New, SG 52/2004) The Director of the Civil Aviation Administration shall notify the applicant in writing about his decision and shall motivate it.

(10) (New, SG 52/2004) All conditions connected with the provision of safe operation of the aircraft, which are part of the approval under Par. 2, shall be necessarily reflected in the lease contract.

(11) (New, SG 52/2004) The refusal for issuance of approval is subject to an appeal in the order of the Administrative Procedures Act.

(12) (New, SG 37/2006) (Rescinded SG 66/2008)

(13) (New, SG 52/2004; Previously art. 12, SG 37/2006) The Minister of Transport and Communications shall issue an order for the application of Art. 83 bis of the Protocol for Amendment of the International Civil Aviation Convention, signed in Montreal on 6 October 1980 for the requirements for entering into a contract for the lease of an aircraft.

Article 11

(Amended, SG 85/1998)

(1) Passengers, crews, baggage, cargo, mail and consignments shall be subject to inspection with a view to ensuring security and safety of flight.

(2) (Amended, SG 34/2001) The Minister of Transport and Communications, the Minister of Home Affairs and the Minister of Finance shall lay down in a regulation the terms and procedures for ensuring the security of civil air navigation.

Article 12

(Amended, SG 85/1998)

This Act's provisions shall be applicable to:

a) Bulgarian civil air navigation, as well as to foreign civil flying in all cases stipulated by law;

b) (Amended and supplemented, SG 85/1998) any and all aircraft recorded in the Republic of Bulgaria's State Register, inclusive of the time while outside national territory, as well as to sports and training aircraft;

c) governmental aircraft when flying under the control and guidance of civil air-traffic controllers.

Article 13

Property rights in aircraft shall be settled in accordance with the laws of the state in which an aircraft is registered.

Article 14

(Amended, SG 85/1998)

The form and the validity terms of any deed embodying transfer of title to an aircraft shall be governed by the laws of the country where such deed is executed.

Article 15

Fees for assistance (service) rendered by and to an aircraft shall be stipulated by the law of the assisting aircraft's state of registry.

Article 16

(Amended, SG 85/1998,  Amended SG 34/2001))

All physical and juridical persons engaged in civil aircraft operation, airport administration, or civil air traffic control shall be required to submit to the Ministry of Transport and Communications an updated statistics about their operations under such terms and procedures as laid down by the Minster of Transport and Communications.

Article 16a

(New, SG 85/1998; Amended, SG 52/2004)

The Minister of Transport and Communications shall direct and control the civil aviation by:

1. organizing the Republic of Bulgaria's participation in all international civil aviation organizations of which this country is a member;

2. organizing and coordinating the use of airspace for the purposes of civil flying;

3. (Amended, SG 52/2004) coordinating the issuance of permits for the building of air transportation infrastructure sites;

4. (Abolished, SG 52/2004);

5. implementing and further elaborate a National Program for the Security of Civil Aviation;

6. establishing norms, rules and procedures in the field of civil aviation, inclusive of the terms and procedures for the carriage of dangerous freight;

7. (Amended, SG 52/2004) determining with orders the requirements and order for the issuance, amendment, limitation, termination, and suspension of certificates, approvals, permits, and licenses under this law;

8. laying down the terms of keeping the appropriate registers and maintaining a data base on all certified facilities, installations and persons;

9. supervising the administration of airports open to public use not ceded to concessionaires;

10. (Amended, SG 52/2004; Amended, SG 37/2006) issuing an order for the general rules of passenger reimbursement and assistance upon refusal by an air carrier to admit them onboard the aircraft and upon flight cancelation or delay;

11. (Amended, SG 52/2004) establishing through orders the requirements regarding the tariffs for regular and charter air transportation, as well as the general rules for the introduction and usage of computerized reservation systems;

12. exercising such other powers as stipulated by law or in an international agreement to which the Republic of Bulgaria is a signatory;

13. (New, SG 52/2004) endorsing the investment programs of the legal entities using resources from the fees under Art. 120;

14. (New, SG 52/2004) issuing an order for the working hours of the aviation staff holding qualification licenses.

15. (New, SG 37/2006) issuing regulations for the implementation of the air traffic control safety requirements of the European Organization for the Safety of Air Navigation (Eurocontrol).

16. (New, SG 10/2007) issuing a regulation on ramp inspection rules for third party aircraft taking off and landing from and to airports on the territory of the Republic of Bulgaria;

17. (New, SG 10/2007) issuing a regulation on the rules and procedures for implementing noise-related operating limits at civil airports for public use.

Article 16b

(New, SG 52/2004)

(1) The Civil Aviation Administration performs state regulatory and control functions for the insurance of safety and security of aviation by:

1. performing  the functions of a civil aviation administration in correspondence with the international contracts in the sphere of civil aviation to which Bulgaria is a party;

2. controlling civil aviation, civil airports and flight platforms, civil aircraft, air navigation and other devices connected with civil aviation on the territory of the country regardless of their ownership;

3. controlling the observance of this law and the sub-law normative acts by issuing obligatory guidelines in the cases stipulated by law;

4. controlling the actions of physical and legal bodies in connection with the security and safety of civil aviation;

4a.  (New, SG 66/2008) controlling the fulfillment, by airport operators and air carriers, of their obligations pursuant to Regulation (EC) No 1107/2006 of the European Parliament and of the council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, below referred to as "Regulation (EC) No 1107/2006", in its capacity of a national authority responsible for the implementation of this regulation;

5. maintaining the registers stipulated by law;

6. coordinating the structural schemes and plans, including airport terrains, and the investment projects for the building of object in the region of the airports and their vicinity in the scope of the zones on sufferance determined by norm and the influence zones, as well as of the airways in connection with the insurance of security and safety of aviation;

7. (Amended, SG 66/2008) investigating aircraft incidents in the country or ordering the investigation to be performed by the air carrier, the airline operator, the airport administration, or the air traffic management related to the incident; after completion of the investigation, notifying about the results the specialized unit under Art. 16f;

8. suggesting the issuance of sub-law acts in the sphere of civil aviation by the Minister of Transport and Communications;

9. realizing the coordination between the administration and the legal entities in the sphere of aviation in connection with the security and safety of flights;

10. controlling the provision of security at the security zones of civil airports;

11. maintaining a unified database and issuing identification cards and passes to physical and legal entities, as well as to motor vehicles for access to the security zones of civil airports for public use;

12. controlling the application of the requirements for simplification of the procedures in passenger service, the processing and service of aircraft, luggage, cargo, and mail;

13. controlling the performance by legal entities of the functions assumed as an obligation by the country under international contracts and in correspondence with the existing standards, rules, and categories for securing aviation;

14. ordering the detention of aircraft takeoff in the cases stipulated by law;

15. organizing the collection, the update maintenance and the  provision of specialized data for the objects under Art. 32, Par. 1, Item 1 of the Law of Cadaster and Property Register, and the creation of specialized maps, registers and information databases;

16. collecting fees in the cases stipulated  by law;

17. performing other functions stipulated by law.

(2) The control functions of the Civil Aviation Administration shall be realized by aviation inspectors appointed by the order of the Director of the Civil Aviation Administration.

(3) The inspectors shall have the right to:

1. a free access to the entities and objects controlled by them, for the performance of aviation security and safety checkups;

2. require the necessary data, evidence, explanations, operative and other information from the respective officials, including for the qualification of personnel, as well as any other information connected with the observance of legislation in the sphere of civil aviation;

3. draw up statements for administrative violations under this law;

4. give obligatory written guidelines for the insurance of observance of normative acts in the sphere of aviation and guaranteeing of the security and safety of civil aviation, by which they shall prescribe the removal within a determined time period of any established violations connected with the safety of flights;

5. make suggestions for ceasing, termination, suspension and limitation of the rights under the issued licenses, permits, certificates, and approvals.

(4) For the results from the checkup, the inspectors prepare an establishing protocol to which they attach the collected evidence. The protocol shall be presented to the entity being checked which has the right to give explanations and objections within 7 days from its presentation.

(5) (Amended, SG 66/2008) Based on the results from the checkups, the Director of the Civil Aviation Administration shall enforce administrative punishments or shall terminate, cease, suspend or limit the rights originating from the issued licenses, permissions, certificates and approvals.

(6) (New, SG 66/2008) When performing in-flight checks, aviation inspectors shall receive travelling money in the amount defined for crew member - flight commander.

Article 16c

(New, SG 37/2006)

(1) The Directorate General Civil Aviation Administration is a national control authority with regard to the safe and effective operation of air navigation services providers. In performing its functions, the national authority shall be independent from the air navigation services providers.

(2) The Directorate General Civil Aviation Administration shall issue air navigation service licenses to air navigation service providers.

(3) The Minister of Transport shall issue a regulation stipulating:

1. the terms and procedures for issuing and revoking air navigation service licenses and the requirements for license applicants;

2. the way of organizing and carrying out requirements compliance inspections of air navigation service license applicants or holders;

3. the terms and procedures under which the inspections under item 2 may be performed by other organizations approved by the Directorate General Civil Aviation Administration and the Minster of Transport, the requirements for these organizations, as well as the terms and procedures for withdrawing the assignment of the inspections.

(4) (*) In airspace functional blocks encompassing the airspace of the Republic of Bulgaria and that of a European Union member state or states, the Republic of Bulgaria may conclude an agreement with the European Union member state for the performance of control by the national control authority under par. 1 over providers of air navigation services in the functional block airspace.

(5) (*) The Republic of Bulgaria may conclude an agreement with a European Union member state for the performance of control by the national control authority under par. 1 with regard to the safe and effective operation of an air navigation services provider whose main place of activity is on the territory of the European Union member state.

(6) (*) The national control authority under par. 1 shall cooperate with the national control authorities of other European Union member states for the observation of the requirements for issuance of air navigation service licenses and for ensuring the necessary control over the safe and effective operation of air navigation service providers holding licenses issued by European Union member states and providing air navigation services in the controlled airspace of the Republic of Bulgaria.

Article 16d

(New, SG 66/2008)

(1) The Directorate General Civil Aviation Administration shall be the responsible authority for civil aviation security in the Republic of Bulgaria, which shall coordinate the activity between physical persons and legal entities for achieving civil aviation security.

(2) In fulfillment of its obligations as per par. 1, the Directorate General Civil Aviation Administration shall:

1.  develop and propose for issuance by the Minister of Transport, the Minister of Interior, the Minister of Finance and the Chairman of the National Security State Agency the regulation as per art. 11, par 2, as well as other regulatory statements issued on the basis of a law and related to the achievement of civil aviation security, and shall control their implementation;

2.  develop and propose for issuance by the Minister of Transport, the Minister of Interior, the Minister of Finance and the Chairman of the National Security State Agency a National Civil Aviation Security Program, a National Civil Aviation Security Quality Control Program and a National Civil Aviation Security Training Program;

3.  control and coordinate the action plans for crisis situations caused by acts of unlawful interference in civil aviation;

4.  perform an evaluation of the risk analysis for the emergence of acts of unlawful interference in civil aviation, plan and propose specific actions;

5.  control the operation of screening systems at airports and other civil aviation facilities;

6.  coordinate with the competent state authorities the adoption of decisions and ensure, when advisable, requests of other states, which are practicable and established in an international contract to which the Republic of Bulgaria is a party, for the application of increased security measures with respect to flights of foreign air operators;

7.  cooperate with other states for the exchange of information about threats directed to civil aviation, including, after coordination with the competent state authorities when necessary, defining the high-risk states to which flights are being operated by Bulgarian air operators;

8.  monitor and cooperate the supervision on the application and implementation of the National Civil Aviation Security Program.

Article 16e

(New, SG 52/2004; Previously Art. 16c, SG 37/2006; Previously Art. 16d, SG 66/2008)

(1) (Amended, SG 66/2008) The applications for the issuance of licenses, permissions, certificates, or approvals shall be submitted at the Civil Aviation Administration and shall be reviewed within 30 days, unless another term is specified in a regulation of the European Union.

(2) (Amended, SG 66/2008) When the applicant corresponds to the requirements, the Director of the Civil Aviation Administration shall issue the corresponding act within 10 days after the expiration of the term under Par. 1, unless another term is specified in a regulation of the European Union.

(3) Director of the Civil Aviation Administration may authorize officials for the issuance or suspension of permissions, certificates, or approvals.

(4) The rights under the acts under Par. 1 shall not be subject to transfer or assignment.

(5) (Amended, SG 66/2008) Upon established violations of the requirements for security and safety and of the other obligations stipulated by law, by the entity to which an act has been issued under Par. 1, the Director of the Civil Aviation Administration or the official authorized by him shall:

1. limit the rights under the issued act until removal of the violation and performance of the given obligatory guidelines if the performance of the limited activity would not endanger the security and safety of aviation and would not create a danger for occurrence of harm or threatening of the life and health of people;

2. suspend temporarily the rights under the issued act until removal of the violation and performance of the given obligatory guidelines if the performance of the activity would endanger the security and safety of aviation and would create a danger for occurrence of harm or threatening of the life and health of people;

(6) The rights originating from the acts issued under Par. 1 shall be suspended:

1. upon suspension of the act by decision of the Director of the Civil Aviation Administration or by decision of the official authorized by him for the acts under Par. 3:

a) when the entity or the object for which they have been issued ceases to correspond to the requirements for their issuance;

b) when the act has been issued based on untrue documents or on documents with untrue contents;

c) upon violation of the law or of the sub-law acts connected with the issuance of the act, and nonperformance of the given obligatory guidelines in the specified time period;

2. upon declaration by the owner;

3. upon termination of the activity of the entity.

(7) The explicit or implicit refusal for the issuance of the acts under Par. 1, as well as of their limitation, termination of operation or suspension shall be subject to an appeal in the order of the Administrative Procedures Act.

Article 16f

(New, SG 52/2004; Previously Art. 16d, SG 37/2006; Previously Art. 16e, SG 66/2008)

(1) A special unit for the investigation of aviation events shall be created at the Ministry of Transport and Communications, which shall:

1. maintain a system for obligatory and voluntary reporting of aviation events: aviation accidents, serious incidents and incidents;

2. organize and control technically the investigation of aviation accidents and serious incidents, and support the work of the committees created for this purpose;

3. maintain an archive for the investigations and an information database for the aviation events;

4. prepare and distribute an information bulletin for the aviation events;

5. in the investigation of aviation events, analyze the actions of the physical and legal entities in the sphere of aviation and the functioning of the objects and facilities connected with the concrete event.

(2) The support of the specialized unit under PAr. 1 shall be realized from the budget of the Ministry of Transport and Communications.

(3) The specialized unit under Par. 1 and the Civil Aviation Administration shall mutually notify each other upon reception of information for an aviation event.

Article 16g

(Previously Art. 16f, SG 66/2008)

Chapter One "a"

(New, SG 66/2008)

ENSURING CIVIL AVIATION SECURITY

Article 16h

(1)   Civil aviation security shall be achieved through the following:

1.    issuance of regulatory and individual administrative statements, adoption of security programs, action plans for cases of unlawful interference, and other statements of the managers of air operators, airport operators, ground handling operators and the Air Traffic Services Authority;

2.    implementation of a physical protection system;

3.    establishment of security areas and procedures for staying in them;

4.    control and screening of persons and items upon entry (exit) to (from) security areas;

5.    prepared staff for performing security tasks.

(2)   Security measures shall be undertaken solely for the purpose of ensuring aviation security, choosing those of them which to the least degree will affect negatively any specific persons or the public.

(3)   The negative result from the chosen security measure shall not be obviously disproportionate to its expected successful consequence.

(4)   The chosen security measure shall be applied until the fulfillment of its purpose or until it has been established that the purpose cannot be fulfilled.

Article 16i

       The entities ensuring the achievement of civil aviation security, in consideration with their operating competencies, shall be the following:

1.    the Minister of Transport, through the application and development of the National Civil Aviation Security Program;

2.    the Civil Aviation Security Council;

3.    the Directorate General Civil Aviation Administration;

4.    the airport administration or the airport operators to which the airport administration functions have been assigned;

5.    the Air Traffic Services Authority;

6.    the air operators;

7.    the ground handling operators;

8.    the relevant offices of the Ministry of Interior directly related to the ensuring of civil aviation security;

9.    the relevant offices of the Ministry of Finance directly related to the ensuring of civil aviation security;

10.  the relevant office of the Ministry of Foreign Affairs directly related to the ensuring of civil aviation security;

11.  the Chairman of the National Security State Agency.

Article 16j

(1)   The airport administration shall ensure the level and standards in performing the functions accepted as an obligation from the state, related to flight security and airport protection, by developing, implementing and keeping current an airport aviation security program with specific organizational and technical security measures and procedures in compliance with the requirements of the regulatory statements and of the National Security Program.

(2)   The Airport Aviation Security Program shall be approved by the Director General of the Directorate General Civil Aviation Administration.

(3)   The Airport Aviation Security Program shall take into consideration all changes in legislation affecting civil aviation security and shall be presented for approval by the Director General of the Directorate General Civil Aviation Administration.

(4)   Air operators shall implement the measures stipulated in the Airport Aviation Security Program.

Article 16k

(1)   Air operators shall develop, implement and keep current a security program in order to avoid acts of unlawful interference in civil aviation.

(2)   The program referred to in par. 1 shall be developed in compliance with the requirements of the National Security Program, the Airport Aviation Security Programs and the nature of the aviation operations being performed, and shall be approved by Director General of the Directorate General Civil Aviation Administration.

(3) The program referred to in par. 1 shall be take into consideration all changes in legislation affecting civil aviation security and shall be presented for approval by the Director General of the Directorate General Civil Aviation Administration.

(4)   Air operations shall implement the measures stipulated in the program referred to in par. 1.

Article 16l

(1)   At each airport there shall be established security restricted areas.

(2)   Access of persons or motor vehicles to the security areas shall be allowed only upon presentation of a valid pass.

Article 16m

(1)   Originating departing passengers, transfer passengers and transit passengers, if during their stay they have mixed with other passengers, shall be subject to security screening to avoid the introduction in security areas or onboard aircraft of weapons, explosives or other dangerous devices which are prohibited to be transferred or carried and which may be used to commit an act of unlawful interference.

(2)   Items which are prohibited to be carried shall be confiscated or the person shall be denied access to the security restricted areas or to the aircraft.

Article 16n

(1)   Security onboard aircraft may also be ensured by in-flight security officers which are employed by the air operators.

(2)   In-flight security officers shall implement measures to prevent acts of unlawful interference against civil aviation.

(3)   When implementing the measures referred to in par. 2, the officer shall comply with the requirements of art. 16h, par. 2 - 4.

(4)   The Minister of Transport, the Minister of Interior, the Minister of Finance and the Chairman of the National Security State Agency shall define, through the regulation referred to in art. 11, par. 2, the requirements for in-flight security officers, as well as the terms and procedures for their assignment.

Chapter Two AIRCRAFT

Article 17

Useable for civil air navigation shall be only aircraft meeting the requirements stipulated herein.

Article 18

(Amended, SG 34/2001)

An aircraft shall be used solely for the purpose it was originally designed for. Any change in an aircraft's function shall be admissible by the permission of the Civil Aviation Administration with the Ministry of Transport and Communications.

Article 19

(Amended, SG 85/1998)

(1) Prior to commissioning, an aircraft shall be invariably inspected, registered and provided with a certificate of airworthiness.

(2) (Amended, SG 52/2004; Amended, SG 10/2007) The Director of the Civil Aviation Administration shall issue a certificate of airworthiness to an aircraft when it corresponds to the respective norms and has a type certificate or another equivalent document issued or recognized by the European Aviation Security Agency (EASA) when such certificate is required for the aircraft.

(3) (New, SG 52/2004) When the aircraft does not correspond to the respective norms for airworthiness or correspondence with them has not been proven, the Director of the Civil Aviation Administration may issue a permit for admission to flight, given that the aircraft may safely perform a flight with certain limitations and in certain conditions. The Minister of Transport and Communications shall issue an order by which he shall determine the terms and procedures for the issuance of the permit for admission to flight.

(4) (New, SG 10/2007) Every aircraft registered in the aircraft register of the Republic of Bulgaria must meet the requirements of Regulation (EC) No. 1592/2002 of the European Parliament and the Council on general civil aviation rules and the development of a European Aviation Safely Agency, together with the respective amendments and supplements; and of Regulation (EC) No. 1702/2003 of the European Committee establishing rules on airworthiness and environmental protection certification of aircraft and related products, as well as on the certification of designer and manufacturer organizations, together with the respective amendments and supplements.

Article 20

(Amended and supplemented, SG 85/1998)

(1) (Amended, SG 34/2001) Civil aircraft shall be recorded in the Republic of Bulgaria's Civil Aircraft Register, kept by the Civil Aviation Administration with the Ministry of Transport and Communications).

(2) (Amended, SG 85/1998) Entries in such Register, as well as deletions therefrom, shall be made at the request of an aircraft's owner, tenant or holder. An application to that effect must be filed within thirty (30) days of the date when the grounds for recordation or deletion, respectively, emerged.

(3) (New, SG 10/2007) An aircraft registered in the register under par. 1 shall be formally deleted from the register when the airworthiness certificate of the aircraft has been revoked or its validity has expired more than 6 months before.

Article 21

(1) An aircraft recorded in a foreign country's registry may be entered in the Republic of Bulgaria's Civil Aircraft Register only after its deletion from the foreign one.

(2) No legal consequences shall be ensuant on the recordation of Bulgarian aircraft in a foreign registry while not yet deleted from the Republic of Bulgaria's Civil Aircraft Register under the established terms and procedures.

Article 22

(1) (Amended, SG 85/1998, previous text of Art. 22, 52/2004) The Civil Aviation Administration shall provide every aircraft recorded in the Civil Aircraft Register with a certificate of registration inscribed wherein shall be its distinctive nationality and registration marks.

(2) (New, SG 52/2004) The terms and procedures for entering and signing out of aircraft from the Civil Aircraft Register of the Republic of Bulgaria shall be determine with the order under Art 5, Par. 4.

Article 23

(Amended, SG 85/1998)

(1) All transfers of title, any establishment and transfer of property rights, and other transactions relating to private rights in aircraft, such as liens and mortgages, shall be effected in writing.

(2) Transactions set forth under paragraph (1) may be invoked against third parties following their recordation in the Civil Aircraft Register.

(3) No contract of sale or charter concerning aircraft owned by Bulgarian private persons or public bodies shall be valid if concluded in contradiction with the international agreements, or with some resolution of an international organisation, ratified by the Republic of Bulgaria.

(4) Transactions relating to liens (mortgages, privileges) on aircraft shall be effective as of the date of entry in the Civil Aircraft Register. In the event where two or more liens have been established on one and the same aircraft, the order of priority in satisfying lien claimants shall be determined by the date of entry in the Civil Aircraft Register, and where such recordation was effected on the same day, authoritative shall be the serial number of entry.

Article 24

(Amended, SG 85/1998)

(1) Aircraft shall be subject to inspection to certify their conformity to norms of airworthiness, aviation noise and gas emissions from aircraft engines as established in the Republic of Bulgaria.

(2) (New, SG 85/1998) The Civil Aviation Administration may recognise a certificate of airworthiness for an imported aircraft providing it conforms to the applicable norms of airworthiness.

(3) (New, SG 85/1998) In any event of modifying an aircraft's equipment the Civil Aviation Administration shall issue also a certificate of airworthiness for the aircraft equipment.

(4) (New, SG 85/1998, Amended, SG 52/2004) The Civil Aviation Administration shall recognize certificates of aviation noise of aircraft and gas emissions from aircraft engines, issued by the respective foreign aviation administration.

(5) (New, SG 85/1998;  Amended, SG 52/2004) The Minister of Transport and Communications shall issue an order for the terms and procedures for certification of aircraft and the products, parts and devices associated with it, as well as for the approval of the entities which design and/or manufacture them.

(6) (New, SG 52/2004) The Minister of Transport and Communications shall issue an order by which he shall determine the requirements for the formation of airworthiness of newly manufactured aircraft, for the maintenance and certification of airworthiness of aircraft and the products, parts and devices associated with it.

(7) (New, SG 52/2004) The Minister of Transport and Communications shall determine by an order the terms and procedures for the issuance of certificates for aviation noise and gas emissions of aircraft engines.

Article 24a

 (New, SG 52/2004)

(1) (Amended, SG 10/2007) The manufacture or restoration of aircraft or products, parts and devices for it shall be performed by physical or legal entities holding a certificate and registered under the Commercial Act, or by entities registered in accordance with the legislation of a European Union member-state or of another state which is a party to the Agreement on the European Economic Area.

(2) The Director of the Civil Aviation Administration or the official authorized by him shall issue a certificate for manufacture or restoration of the respective type of aircraft and the products, parts and devices for it, if the entities correspond to the requirements for financial stability and professional competence.

(3) The terms and procedures for the issuance of certificates for manufacture or restoration of the respective type aircraft or products, parts and devices for it shall be stipulated with an order under Art. 24, Par. 6.

Article 25

 (Amended, SG 85/1998)

(1) Maintenance of aircraft's airworthiness shall be provided by natural and juridical persons authorised to carry out technical service and repair of aircraft and aviation equipment.

(2) (Amended and supplemented, SG 34/2001) The Minister of Transport and Communications shall lay down the terms and procedures for granting of certificates and licences to the persons referred to in the preceding paragraph (1).

(3) (New, SG 34/2001) The licence for carrying out of activities under paragraph (1) shall be issued by the head director of the Civil Aviation Administration.

(4) (New, SG 34/2001) The licence is personal and not subject  to transfer.

(5) (New, SG 34/2001; Amended, SG 10/2007) The licence for technical service and repair of aviation equipment shall be granted to physical or juridical persons, registered under the Trade Act, or to entities registered in accordance with the legislation of a European Union member-state or of another state which is a party to the Agreement on the European Economic Area, on the following conditions:

all necessary installations, equipment, tools, materials and technical documentation (approved data) shall ensure the execution of all activities pertaining to the technical service and repair of aviation equipment and create conditions for the correct keeping of the aircraft's components;

the staff assuring the technical service shall meet the qualification requirements for certification of aviation staff from the civil aviation and will be sufficient for the planning, perfomance, administration and control of activities connected with the technical service and repair of civial aircraft and their components.

(6) (New, SG 34/2001, Abolished, SG 52/2004)

(7) (New, SG 34/2001, Amended, SG 52/2004) The Head Director of the Civil Aviation Administration shall reject the issuance of a license in case the applicant does not correspond to any of the conditions under Par. 5, stipulated in detail in the order under Par. 2.

(8) (New, SG 34/2001, Abolished, SG 52/2004)

(9) (New, SG 52/2004) The maintenance of airworthiness of aircraft with maximum takeoff mass below 5,700 kg which perform noncommercial flights may be performed by physical entities who own an aircraft technical service qualification license.

Article 25a.

(New, SG 34/2001)

(1) (Amended, SG 52/2004) The license for technical service and  repair of aviation equipment shall be without term.

(2) (Abolished, SG 52/2004)

(3) (Amended, SG 52/2004) The license may be suspended, as well as its operation may be ceased entirely or partially for a certain period of time, in case the licensee violates the conditions under Art. 25, Par. 5 and the order under Art. 25, Par. 2. The act of suspension or cessation of the operation of the license is subject to an appeal in the order of the Administrative Procedures Act.

(4) (Amended, SG 52/2004) For the issuance of a license for technical service and repair of aviation equipment fees shall be collected at a rate determined by the Council of Ministers.

Article 26

(Amended, SG 85/1998)

Any certificate of airworthiness, of aviation noise and of gas emissions issued to an aircraft registered in this country shall be revoked should it be ascertained on inspection that the applicable requirements set forth herein have been disobeyed.

Article 27

 (Amended, SG 85/1998)

Certificates of airworthiness issued by the competent authorities of another state shall be rendered valid in the Republic of Bulgaria providing:

1. the applicable requirements concerning airworthiness in the state whose competent authority has issued the certificate of airworthiness are either identical with the international standards and recommendations, or surpass them;

2. the Civil Aviation Administration has given its consent to have the inspection of a Bulgarian aircraft carried out in another country in compliance with the requirements referred to in subparagraph 1 above.

Article 28

(Amended, SG 85/1998)

The Civil Aviation Administration shall have full discretion to subject also a foreign aircraft to control in the event its airworthiness proves questionable.

Article 29

(Supplemented, SG 52/2004)

Any aircraft without a certificate of airworthiness or for registration, without a permit for admission to flight, or whose distinctive marks do not correspond to the marks specified in such certificates, shall be detained by the controlling authorities.

Article 30

(Supplemented, SG 85/1998, Amended, SG 52/2004)

(1) Every aircraft performing international flights, as well as every aircraft with a maximum takeoff mass over 750 kg performing internal flights shall have onboard during flight the following documents:

1. a certificate of registration;

2. a certificate of airworthiness or a permission for admission to flight;

3. a licence for operation of aircraft radio station;

4. certificates of qualification for every member of the crew;

5. insurance documents;

6. a journey logbook;

7. a flight plan;

8. a passenger list (waybill) indicating the seats, departure and destination;

9. a manifest and detailed declarations of the cargo if there is any on the plane;

10. an airline operator license if the flight is commercial.

(2) The Minister of Transport and Communications shall issue an order with which he shall determine other documents as well, besides those under Par. 1, which shall be onboard the aircraft in accordance with the regional agreements of the International Civil Aviation Organization (ICAO).

(3) With the order under Par. 2, the necessary documents which shall be onboard aircraft with maximum takeoff mass under 750 kg during performance of internal flights, shall be determined as well.

Article 31

(Amended, SG 85/1998)

Flight documents carried by foreign aircraft shall be rendered valid providing they are in compliance with the requirements of the international conventions to which the Republic of Bulgaria is a signatory.

Article 31 a

(New, SG 85/1998)

(1) An airport administration shall be entitled to reposition an aircraft, or parts, or units thereof within airport grounds in any case where they have, without representing an obstruction to operating aircraft, been situated in the. airport territory for more than six (6) months during which time the aircraft has not "been airworthy, or in the event

the owner, tenant or holder has not been paying the due-parking fee or rental price for more than three (3) months.

(2) Any action as per paragraph (1) shall be taken on condition that one (1) month written notice shall have been given to the person that has abandoned the aircraft, or parts, or units thereof, or that is a party to a valid parking agreement.

(3) An airport administration shall have the right to remove an immobilised aircraft from the landing field (airfield) in the event it represents an obstruction to operating aircraft and the operator of such aircraft has failed to take the requisite efficient measures for a prompt removal after the occurrence.

(4) An airport administration shall not be held liable for any damage caused while repositioning or removing an aircraft or units of an aircraft, respectively, under the terms of this Article.

Chapter Three

FLIGHT PERSONNEL AND FLIGHT CREWS

(Title amended, SG 85/1998)

Article 32

(Amended, SG 85/1998)

(1) (Amended, SG 34/2001) The Minister of Transport and Communications shall stipulate all positions requiring certificates of competency.

(2) (Amended, SG 52/2004) Flight personnel shall be all persons who own qualification license.   During flight, the persons who are in the process of training for the acquisition of qualification shall be made equal to them.

(3) (Amended, SG 34/2001) The Civil Aviation Administration shall issue certificates of competency and keep a register of all  flight personnel under such terms and procedures as laid down by the Minister of Transport and Communications.

Article 33

(Amended, SG 85/1998; Amended, SG 34/2001)

The Minister of Transport and Communications shall prescribe:

1. the terms and procedures for opening aviation training centers and the requirements they must comply with;

2. the requirements and procedures for issuing teaching certificates to instructors employed in aviation training centers and the courses of study for their preparation;

3. the list of occupations associated with aviation and the applicable qualifying requirements;

4.  the criteria to be met by the applicants for training in the aviation training centers, the courses of instruction, the terms and procedures for conducting examinations and the examination requirements.

5.  (New, SG 66/2008) the terms and procedures for recognising aircraft crew member licenses issued by EU member states or by other states which are parties to the Agreement on the European Economic Area;

6.  (New, SG 66/2008) the terms and procedures for recognising aircraft crew member licenses issued by other states.

Article 34

(Amended, SG 85/1998, 52/2004; Amended, SG 37/2006)

(1) Crew members of aircraft registered in the Republic of Bulgaria must have licenses issued or recognized as valid by the Directorate General Civil Aviation Administration.

(2) (Amended, SG 52/2004; Supplemented, SG 66/2008) With the permission of the Minister of Transport, foreign nationals shall also be admitted to employment in civil aviation for a period not longer than one year. EU member state nationals or nationals of other states which are parties to the Agreement on the European Economic Area shall be admitted to civil aviation employment without any time limits and no permission from the Minister of Transport shall be required for that.

(3) (Amended, SG 85/1998; Amended, SG 66/2008) Positions directly associated with flight safety and aircraft airworthiness maintenance shall be held only by persons with higher education, except for air operators performing specialized aviation operations, and aviation qualification and shall be appointed according to a procedure established by the Minister of Transport.

Article 35

(Amended, SG 85/1998}

Certificates of competency issued by foreign institutes and bodies to the airmen referred to in Article 32, paragraph (1) hereof shall be rendered valid on the basis of reciprocity providing the applicable requirements concerning the issuance of competency certificates pursuant to the said Article 32, paragraph (1) are either comparable to the currently established international standards or surpassing them.

Article 36

No trainee shall be held liable for any damage caused in training flights unless the damage resulted from the trainee's willful misconduct.

Article 37

(Amended, SG 85/1998)

(1) (Amended, SG 34/2001) The Minister of Transport and Communications shall specify the persons engaged in civil air navigation subject to medical certification, as well as the requirements they must meet.

(2) (Amended, SG 34/2001) The fitness of aviation personnel to perform a particular activity, qualified from the viewpoint of their state of health, shall be ascertained by a specialised aeromedical commission, whose status, structure and rules of business shall be laid down by the Minister of Transport and Communications.

Article 38

(Amended, SG 85/1998)

(1) (Supplemented, SG 52/2004; Amended and supplemented, SG 37/2006; Amended, SG 66/2008) Aircraft crew shall be the aviation personnel to which the performance of the flight has been assigned.

(2) Crew strength and crew positions shall be prescribed by the Civil Aviation Administration depending on the type of aircraft and the nature of flight. Undermanned flights shall be positively disallowed.

(3) (New, SG 37/2006) While operating aircraft, crew members shall bear responsibility for observing the requirements of the regulation under art. 16a, item 14.

(4)   (New, SG 66/2008) When implementing their flight schedules, air operators shall include in their flight crews, at their expense, aviation inspectors in correspondence with their qualification.

Article 39

(1) (Amended and supplemented, SG 85/1998) Every civil aircraft in flight shall be managed by a commander, whose speciality must be an airman-pilot. He shall be responsible for the pre-flight preparation of the crew and for conducting the flight in conformity with existing regulations for preserving the aircraft, the lives of the persons belonging to it, and the cargo carried on the flight.

(2) (Supplemented, SG 52/2004) The aircraft commander is obliged to refuse to perform a flight when he establishes a fault in the aircraft which is not included in the list of the admissible refusals in the flight operation manual for the aircraft type.

Article 40

(1) Any and all commands given by an the aircraft commander with regard to conducting the flight and ensuring law and order on board his aircraft shall be binding on all persons belonging thereto.

r.

(2) An aircraft commander shall have the power to take all appropriate measures in respect to any persons disobeying his instructions, inclusive of the right to disembark them from the aircraft in the airport of departure or of intermediate stopping.

Article 41

(1) An aircraft commander who has received a signal of distress from another aircraft or from a vessel, or has discovered a distressed aircraft or vessel, or distressed people, shall be obliged to extend aid, identify the location of distress and notify it to the air traffic control authorities.

(2) The aircraft commander shall not be allowed to take any rescue action endangering his aircraft, the passengers or the crew.

Article 42

(Amended, SG 85/1998)

In the event of forcible unlawful seizure of an aircraft, its commander must take all appropriate measures to restore control thereof, providing the lives of the crew and passengers and the integrity of the aircraft shall not be thereby exposed to danger.

Chapter Four AIRPORTS

Article 43

(Amended, SG 85/1998)

(1) Aircraft shall be required to take off and land at airports and landing fields.

(2)  (Amended SG 85/1998) Civil airports shall encompass:

1. airports for public use open, for compensation, to aircraft engaged in international and domestic air carriage, scheduled air services and non scheduled flights;

2. (Amended, SG 34/2001, 52/2004) airports for service of flights for aviation services for payment, including for single flights for transportation services, performed with aircraft with maximum takeoff mass up to 5,700 kg or with passenger capacity up to 19 seats;

3. technological airports - employed, without compensation, for the owners' needs alone.

(3) (Amended - SG 85/1998; Amended SG 34/2001; Former par. 4, SG 66/2008) Civil airports per paragraph 2 open to civil aircraft shall be designated by the Minister of Transport and Communications in concert with the Minister of Defence, the Minister of Finance and the Minister of Home Affairs with the explicit consent of the owner of the airport.

(4) (Amended - SG 85/1998; Amended SG 34/2001; Former par. 3, SG 66/2008) The Council of Ministers shall, on a motion of the Minister of Transport and Communications, designate the civil airports for public use in the Republic of Bulgaria, as well as those of them to serve international flights.

(5) (New, SG 34/2001; Rescinded, SG 66/2008)

(6) (New, SG 85/1998, preceding paragraph 5, Amended SG 34/2001) The Minister of Transport and Communications and the Minister of Defence shall lay down the terms and procedures for joint operation of civil airports for public use and military airports.

(7) (New, SG 52/2004) Flight platforms shall be used for service of noncommercial flights with aircraft with maximum takeoff mass under 5,700 kg for payment or without payment, as well as for technological needs of the owner without payment. The limitation for the maximum takeoff mass shall not be applicable to helicopters.

Article 43a

(New, SG 85/1998, Amended, SG 34/2001)

(1) Civil airports shall be public and private property.

(2) (Rescinded, SG 66/2008)

(3) (Rescinded, SG 66/2008)

(4) (Amended, SG 66/2008) All tracts of land containing aeronautical and air traffic control installations serving aircraft engaged in international or domestic public carriage, along with all the technologically indispensable terrains, shall be designated as public state property or private property.

(5) (New, SG 66/2008) At the civil airports referred to in art. 43, par. 2, items 1 and 2 there shall be ensured air traffic services and the relevant air navigation equipment.

Article 43b

(New, SG 34/2001)

(1) (Amended, SG 66/2008) Civil airports for public use which are public state property shall be used by airport operators - businessmen, who have received concession under the conditions and in the order of the Concession Act and this act, or by  companies in which the state is a sole owner of the capital.

(2) (Amended, SG 66/2008) The Minister of Transport and Communications shall make a proposal to the Council of Ministers for a concession to be granted for civil airport for public use which are public state property, shall hold competitions, auctions, negotiate and enter concession contracts, control the fulfillment of the conditions and liabilities per the concession contracts.

(3) (Amended, SG 66/2008) When granting of a concession over existing civil airport for public use which are public state property, in the resolution of the Council of Ministers under Art.7, Par. 1 of the Concession Act, as a condition for carrying out the concession, the requirements for airport operator shall be necessarily indicated as well. An airport operator's license shall be issued to the concessionaire specified by the Council of Ministers, after conclusion of the concession contract within the terms stipulated in it, if the concessionaire corresponds to the requirements for issuing a license indicated in this Act.

(4) The rights and liabilities concerning the activities under Art. 48a, Par. 3 and Art. 48e, Par. 3, Items 3,4,5 and 7 performed by the concessionaire shall be stipulated in the resolution under Par. 3 as well and so shall be the terms and procedures in which the concessionaire shall collect airport fees under Art. 120, Par. 1, including the respective part of these fees which he collects for his benefit in connection with the performance of the assigned activities.

(5) Upon granting of a concession over a civil airport for public use, which will be built entirely or partially with funds of the concessionaire, the building of the object and certification of its operability shall be conditions for the realization of the concession. In these cases the orders of paragraphs 3 and 4 shall be respectively applicable as well.

(6) Additional criteria for admission of applicants to participation in the auction or the competition, including financial and qualification, may be specified in the resolution of the Council of Ministers for granting a concession over a civil airport for public use. In these cases, in carrying out the auction or the competition, the following rules shall be applied:

1.         in the announcement under Art. 11, Par. 1 of the Concession Act the additional criteria for admission to participation shall be indicated as well and so shall be the documents required to certify the correspondence of the applicants with the criteria for admission, except for the ones indicated in Art. 12 of the Concession Act.

2.         the auction or competition committee shall determine in its resolution under Art. 11, Par. 3 of the Concession Act the part of the documentation which shall be presented to all applicants and the part of it which shall be presented only to the applicants admitted to participation, as well as the terms and procedures for presenting the documentation.

3.         along with the application under Art.12, Par. 1 of the Concession Act applicants shall also present the particular documents certifying their correspondence with the additional criteria for  admission to participation; a deposit for participation and submission of a document for it shall not be required upon submission of the application;

4.         with the resolution under Art. 14, Par. 1 of the Concession Act the committee determines the applicants who correspond to Art. 12 of the Concession Act and to the additional criteria for admission to participation and have the right to submit their offers under Art. 15, Par. 1 of the Concession Act;

5.         only applicants admitted to participation shall make a deposit and the document for the deposit shall be presented with the offer under Art.15, Par. 1 of the Concession Act; an offer of a candidate who has not presented a document for a participation deposit shall not be reviewed.

(7) In carrying out a competition the competition committee may specify with the competition papers:

1. a time period within which the applicants admitted to participation may request clarifications on the competition procedure and on the competition documentation, and a time period and order for providing clarifications to the applicants;

2. terms and procedures for conducting own research of the condition of the concession object, on the part of the applicants admitted to participation.

3. terms and procedures for presentation of offers on the project of a concession contract and for their discussion; when as a result of the offers made the committee performs amendments or supplements to the concession contract, they shall be presented to all applicants admitted to participation before expiration of the time period for offer presentation under Art.15, Par. 1 of the Concession Act.

(8) The competition committee may request explanations on the offers made. In an attendance competition applicants shall give the requested explanations during the oral presentation, or in writing within a time period determined by the committee, which is equal for all applicants. In a non-attendance competition the committee shall indicate the questions in writing and shall determine equal time period for written clarifications for all applicants. The clarifications made by the applicants shall be an integral part of the offers but shall not present amendments or supplements to them. The competition ends within 7 days after the term for the written clarifications has expired.

(9) With the resolution under Art. 7, Par. 1 of the Concession Act, the Council of Ministers may determine a longer time period for holding the competition than the one determined in Art. 11, Par. 4 of the Concession Act.

(10) Business unions may also participate in the competition or auction for granting of concession over a civil airport for public use. If an applicant for a concession is a businessman - foreign entity and/or a business union of foreign and/or local entities, and such an applicant is determined to be winning the competition or auction, the concession shall be granted to a company founded under the Commercial Act in which the foreign entity or the participants in the union own the entire capital in the proportion from their unifying contract. In that case the concession contract shall be concluded with the newly founded company, which shall be bounded by the offers made by the applicant winning the competition or auction. The concession contract shall be concluded within the time determined with the resolution under  Art. 18, Par. 2 of the Concession Act, but not later than 6 months from the enacting of this resolution.

Article 43c

(New, SG 34/2001; Amended, SG 66/2008)

       The granting of a concession over an airport which is a municipal property shall be carried out under the terms and procedures of the Concessions Act.

Article 43d

(New, SG 34/2001)

(1) The expenses incurred by the concessionaire related to the construction, operation and maintenance of the subject of concession shall be acknowledged as actual expenses.

(2) The expenditures per paragraph 1, formulated as financial losses shall be deducted consecutively from the year in which the operation of the subject of concession has started for a period of time and conditions, set forth in the concession contract.

(3) Additional expenses, incurred by the concessionaire, shall be acknowledged for actual expenses when they had been fixed in the concession contract.

Article 43e

(New, SG 34/2001; Amended, SG 66/2008)

       The single-man companies with state property shall use the civil airports for public use which are public state property without concession. The terms and procedures for using public civil airports, which are public state property, by sole proprietors with state interest in the capital shall be established with a contract signed between the Minister of Transport and the sole proprietor.

Article 43f

(New, SG 66/2008)

       Public civil airports which are not state or municipal property shall be used by air operator companies under the terms and procedures of this Act.

Article 43g

(New, SG 66/2008)

(1)   Physical persons or legal entities registered as businesses who operate or have an investment initiative for the development or expansion of a public civil airport, except in the cases of public civil airports which are public state property or municipal property, shall submit an application to the Directorate General Civil Aviation Administration.

(2)   The application referred to in par. 1 shall contain at least the following:

1.    a study about the passenger and/or cargo traffic intended to be served or processed at the airport;

2.    documents certifying the rights of the person over the territory on which the airport will be operated, developed or expanded;

3.    individualization of the territory on which the airport will be developed or expanded, together with preliminary studies on the availability of appropriate environmental, geological and meteorological conditions and on the possibilities for connecting it to the road and railroad network;

4.    pre-investment research, investment schedule and information on the availability financial and technical resources for its realization;

5.    necessary public investment related to the development of road and/or railroad connections;

6.    evidence of the possibility to develop and maintain a border control point, for the cases where international transportation is to be serviced.

(3)   Within 6 months from receiving the application, the Directorate General Civil Aviation Administration shall carry out it own study of the application referred to in par. 1 and shall present a motivated opinion to the Minister of Transport.

(4)   Based on the motivated opinion by the Director General of the Directorate General Civil Aviation Administration, the Minister of Transport shall put forward to the Council of Ministers a proposal for the adoption of a decision:

1.    to grant a permission for operating, developing a new or expanding an existing public civil airport, excluding the cases of public civil airports which are public state property; or

2.    to deny a permission for operating, developing a new or expanding an existing public civil airport, excluding the cases of public civil airports which are public state property.

Article 44

(Amended, SG 85/1998)

(1) (Suplemented, SG 52/2004) The Civil Aviation Administration shall certify the operability of the civil airports, flight platforms and navigation facilities, as well as of the systems and facilities for passenger service, aircraft service and securing, loading and unloading of luggage and cargo.

(2) All installations and facilities as per paragraph (1) above that comply with the established standards, terms and requirements shall be provided with a certificate of operability.

(3) (Amended, SG 52/2004) The terms and procedures for certifying the operability of airports, flight platforms, the systems and facilities for navigation, as well as the systems and facilities for passenger service, aircraft service and securing, loading and unloading of luggage and cargo, as well as the requirements for these objects shall be determined with an order of the Minister of Transport and Communications.

Article 45a

(New, SG 66/2008)

       The Minister of Transport shall issue an ordinance defining the contents, terms and procedures for drafting the master plans of the civil airports referred to in art. 43, par. 2, item 1.

Article 46

(Amended, SG 85/1998)

(1) (Amended, SG 34/2001) The Minister of Transport and Communications shall be vested with the co-ordination of all projects relating to construction, enlargement or reconstruction of civil airports and navigation facilities.

Article 46

(Amended, SG 85/1998)

(1) (Amended, SG 34/2001) The Minister of Transport and Communications shall be vested with the co-ordination of all projects relating to construction, enlargement or reconstruction of civil airports and navigation facilities.

(2) Prerequisite to any project co-ordination as per paragraph (1) shall be:

1. a valid master plan for the airport's development;

2. (Amended, SG 52/2004) approved detailed layout plan and completion of the procedures under the Environmental Protection Act, the Regional Development and Town-and-Country Planning Act, the State Property Act and the Municipal Property Act, under this and other acts that might have a bearing on the permission being issued;

(3) (Amended and Supplemented, SG 52/2004) The Minister of Transport and Communications, the Minister of Regional Development and Planning and the Minister of Agriculture and Forestry  shall determine with an order the permission regime in the zones on sufferance and the influence zones of the airports. The issuing of permissions for the construction of buildings, installations, reservoirs, landfills, over-ground high-voltage lines, quarry pits and other suchlike facilities in these zones shall be coordinated with The Minister of Transport and Communications.

Article 46a

(New, SG 52/2004)

The Minister of Transport and Communications in coordination with the Minister of Regional Development and Planning shall issue an order which is to specify the content of the specialized map and the register, created on the basis of the data under Art. 32, Par. 1 of the Cadaster and Property Register Act, as well as the terms and procedures for their creation and maintenance.

Article 47

(Amended, SG 85/1998)

(1) (Amended, SG 34/2001) The Minister of Transport and Communications shall lay down the restrictions relating to the safety of air navigation with regard to the construction of facilities under Article 46, paragraph 3 hereof, as well as the requirements, standards and mode of positioning warning devices on top of high buildings and installations.

(2) (Amended, SG 34/2001) The Minister of Transport and Communications and the Minister of Agriculture, Forestry and Agrarian Reform shall have the power to impose expedient restrictions on the nature of crops planted in the vicinity of airports with a view to securing protection from birds.

(3) The Civil Aviation Administration shall have the power to prescribe that any structure, or a portion thereof, exceeding safety height be taken down.

(4) In the event of non-compliance with a prescription as per paragraph 3 above, the Civil Aviation Administration shall notify the appropriate competent authorities and demand that the obstruction(s) be forcibly removed for the account and risk of the person failing to comply with its bidding.

(5) (New- 52/2004) The obstructions under Par. 3 shall be removed at the expense of the entity who has performed the illegal actions and in case of construction of a new or expansion of an existing airport - at the expense of the airport operator. 

(6) (Former Par. 5 - SG 52/2004) The airport administration shall control the compliance with the restrictions under Par. 1 and 2, including for nearby posts, pillars, trees, masts, dikes, excavations.

Article 47a

(New, SG 37/2006)

Aircraft for which there is no issued valid airworthiness certificate shall not be allowed on the territory of public civil airports.

Article 48

(Amended, SG 85/1998)

The Civil Aviation Administration shall be vested with the co-ordination of construction projects for erection and reconditioning of buildings, installations, facilities and other works within airport grounds on the basis of the validated master plan.

Article 48a

 (New, SG 85/1998)

(1) (Amended, SG 34/2001) The Minister of Transport and Communications shall lay down the standards, terms and regulations relative to securing safety of flight at airports.

(2) The Civil Aviation Administration shall oversee the performance of all functions assumed by the government as obligations under the various international conventions on the adherence to existing standards, terms and regulations for securing safety of flight.

(3) An airport administration shall:

1. be required to ensure the level of validated categories and standards in the fulfillment of all the functions assumed by the government as obligations under international conventions relative to:

a) maintenance of airfield and development of airport infrastructure;

b) restricting and removal of obstructions;

c) maintenance of visual ground aids;

d) securing emergency, rescue and fire-prevention services both within the limits and in the vicinity of the airport;

e) airport security and protection;

f) safety of flights;

g) co-ordination among the various administrations and business enterprises concerning airport operations and utilisation;

h) control and management of ground movement within airport limits;

i) power-supply equipment and installations;

k) streamlining the usual airport formalities;

2. have the power to assign contracts for elaborating and updating the airport's master plan and cadastral plans;

3. (Amended, SG 52/2004) create conditions for economic activity on the airport territory for the ground service operators licensed under this Act;

4. be required to take measures to reduce aviation noise;

5. have the power to effect a precautionary arrest of an aircraft (unless engaged in a scheduled air-service flight) in the event its user has failed to pay the owing fees, or has not given an adequate bond or posted satisfactory security;

6. have the power to collect the airport fees charged pursuant to this Act.

(4) (Amended, SG 52/2004) The Minister of Transport and Communications shall be able to assign fully or partially the functions of an airport administration to the airport operator.

(5)   (New, SG 66/2008) At public civil airports which are not public state property or municipal property, the airport administration functions shall be performed by the owner of the airport or by an entity authorized by him which has an airport operator license.

Article 48b

(New, SG 85/1998, Abolished, 52/2004)

Article 48c

 (New, SG 85/1998, Amended 34/2001, 52/2004)

(1) (Amended, SG 10/2007) The activities of managing and operating a civil airport under Art. 43, Par. 2, Items 1 and 2 shall be performed by businessmen to whom an airport operator license has been issued and who have been registered under the Commercial Act, or by entities registered in accordance with the legislation of a European Union member-state or of another state which is a party to the Agreement on the European Economic Area.

(2) The airport operator is obliged to provide access under equal conditions to every aircraft, which has received a permission for the performance of as flight.

(3) The airport operator is obliged to accept and service aircraft, suffering disasters, and state aircraft.

(4) The Civil Aviation Administration shall control the performance of the obligations under Par. 2 and 3.

(5) Upon systematic nonperformance of the obligations, and in connection with the prevention and  elimination of the harmful consequences of their nonperformance, the Civil Aviation Administration shall apply as an administrative measure a suspension of the airport managing and operating activities of the airport operator.

(6) The terms and procedures for issuance of a license under Par. 1 shall be defined with an order of the Minister of Transport and Communication.

Article 48d.

(New - SG 34/2001, amended - 52/2004 )

(1) The airport operator license shall certify that the organization, equipment, technologies and staff of the licensed entity correspond to the standards and requirements for safe and quality maintenance of the airport's operability.

(2) An airport operator license shall be issued given that:

1. an operability certificate has been issued for the airport;

2. the entity has provided proof for financial stability;

3. the personnel of the entity has the qualification, professional experience and length of service, necessary for the performance of the activities;

4. the organization, equipment and technologies ensure the compliance with the established standards and procedures for the provision of safety and security of flights at the respective airport;

5. the entity has a management and operation manual for the respective airport, approved by the Civil Aviation Administration.

Article 48e.

(New - SG, 34 /2001, Аmended, SG 52/2004)

(1) (Amended, SG 10/2007) The activities for ground service of a civil airport under Art. 43, Par. 2, Items 1 and 2  shall be performed by businessmen registered under the Commercial Act to whom a ground service operator license has been issued, or by entities registered in accordance with the legislation of a European Union member-state or of another state which is a party to the Agreement on the European Economic Area.

(2) A ground service operator license shall be issued if the applicant corresponds to the following requirements:

1. the staff of the applicant has the qualification, professional experience and length of service necessary for the performance of the activity;

2. he has provided proofs for financial stability;

3. he has created an organization and owns equipment and/or technologies securing the compliance with the active standards and procedures for security and safety of the persons, aircraft, equipment and facilities at the respective airport.

4. he has a manual for the performance of the activity at the respective airport, approved by the Civil Aviation Administration.

(3) A ground service (or self-serving) operator license shall be issued for each of the following activities at the respective airport:

       1. ground administration and supervising;

       2. passengers service;

       3. luggage processing;

       4. cargo and mail processing;

       5. platform aircraft service;

       6. aircraft service;

       7. aircraft fuel and oil service;

       8. technical aircraft service;

       9. flight operations and crew administration;

       10. ground transportation;

       11. onboard buffet service.

(4) Every entity to which a license has been issued under Par. 3 has the right of access to the market for ground service of a given airport for public use under the conditions of Par. 5, 6 and 7.

(5) The number of operators providing to third parties services connected with luggage, cargo and mail processing, platform aircraft service and aircraft service with fuel and oil, and who have received access to the market, at an airport with yearly passengers turnover over 2 million passengers or yearly cargo turnover over 50,000 ton, cannot be less than two for each of these activities unless there are no applicants.

(6) When the ground service operators under Par. 5 are two or more at least one of them must not be directly or indirectly controlled by:

       1. the airport operator;

       2. an air carrier which transports more than 25 per cent of the passengers or cargo at a particular airport, or

       3. an authority controlling or controlled, directly or indirectly, by the airport operator or the air carrier.

(7) At an airport with yearly passengers turnover over 1 million passengers or with yearly cargo turnover over 25,000 ton, the right to perform self-service for the activities under Par. 3, Items 3, 4 and 7 shall be granted to not less than two air carriers, unless there are no applicants. Below the above thresholds, the right to perform self-service for the activities under Par. 3, Items 3, 4 and 7 shall be owned by only one air carrier which transports the biggest share of  the passengers or cargo of the airport.

(8) The Civil Aviation Administration may:

       1. limit the number of operators, performing ground service of third parties and providing one or more activities beyond those under Par. 5, as respectively the restrictions under Par. 6 shall be applied to the operator;

       2. grant to only one operator, performing ground service of third parties, the right to perform one or more of the activities under Par. 5;

       3. limit the number of self-service air carriers, performing activities beyond the indicated in Par. 7.

       4. disallow the self-service or grant the right of self-service only to one air carrier in the cases under Par. 7.

       5. (New, SG 66/2008) define the number of operators performing ground handling services for third parties and providing one or more of the services referred to in par. 5.

(9) The limitations under paragraph 8 shall be imposed upon shortage of  technological surfaces or capacity of a particular airport, arising as a result of overloading and high surface use percentage, as well as when this is justified and related mostly to the safety, security or layout of the airport.

(10) The limitation under Par. 8, Item 2 may be imposed for a time period of up to two years, and  the ones under Par. 8, Items 1, 3 and 4 for up to three years.

(11) The Civil Aviation Administration can prolong once the time period of the limitation under Par. 8, Item 2 by 2 years.

(12) Regardless of the passengers and cargo turnover and the restrictions imposed, the airport operator shall perform without competition the activities of ground service, for which he has received a ground service operator license.

Article 48f

(New, SG 52/2004)

(1)        At an airport with yearly passengers turnover over 1 million passengers or with yearly cargo turnover over 25,000 ton, a consumers of ground service activities committee can be created.

(2)        Every consumer of ground service activities shall have the right to participate in the consumers of ground service activities committee through their representatives or organization created for such purpose.

(3)        (New, SG 10/2007) At least once a year, the airport operator shall consult with the ground service users and operators committee at the respective airport on the issues related to ground service market access. Consultations shall conclude with the issuing of a statement by the airport operator.

(4)        (New, SG 10/2007) In case restrictions have been imposed pursuant to art. 48e, par. 8, item 1, the consultations pursuant to par. 3 shall also include discussion of the prices of ground services for which imposition of restrictions has been planned, and of the organization for providing these services. Consultations shall conclude with the issuing of a statement by the airport operator.

(5)        (New, SG 10/2007) The statements of the airport operator pursuant to par. 3 and 4 are administrative statements and shall be subject to appeals in accordance with the procedures of the Administrative Procedure Code.

Article 48g

(New, SG 52/2004)

(1)        When for a particular airport, restrictions under Art. 48e, Par. 5 or Par. 8, Items 1 and 2 are introduced, a competition for access to the ground service operators market shall be held. The competition shall be held by the airport operator or by the Civil Aviation Administration when the activity - object of the competition is performed by the airport operator or by an entity controlled directly or indirectly by the airport operator.

(2)        The competition under Par. 1 shall be held after consultation with the consumers of ground service activities committee.

(3)        (Amended, SG 10/2007) The conditions of the competition shall be publicly announced in at least two daily papers, one of which by the location of the airport, and in the Official Journal of the European Union.

(4)        The announcement for the competition shall contain the time period for access to the market, which cannot be longer than 5 years.

(5)        The competition documentation shall be prepared after a consultation with the consumers of ground service activities committee and shall contain minimum financial and other conditions, requirements connected with evaluation of the participants in the competition, draft contract, and other requirements with regard to the subject of the competition.

(6)        The applicants shall present:

1.         declaration for the circumstances under Par. 8;

2.         operator license for the respective activity of ground service;

3.         business plan;

4.         organizational project for the organization of the activity and for the interaction with the airport operator, including the conditions of interaction acceptable for the Civil Aviation Administration;

5.         other documents required in the competition documentation under Par. 5.

(7)        The organizational project under Par. 6, Item 4 shall contain a proposal for the settling of the operator on the territory of the airport (necessary rooms and areas needed for the machines, equipment and staff of the operator), a proposal for necessary access to power and water supply sources, necessity for communication means, insurance of conditions for environmental protection during the activity of the operator, including the organization of the activity and the admission regime.

(8)        An entity shall be removed from the competition if:

1.         it has been announced as insolvent or it is at legal proceedings for announcement of insolvency;

2.         it has been convicted for bankruptcy;

3.         it is in liquidation

4.         it has been deprived of the right to practice commercial activity;

5.         it has obligations to the country, established with an enacted statute of a competent authority, or obligations towards insurance funds, unless the competent authority has allowed an extension or a delay of the obligations;

6.         it has been convicted for a crime against property or against the economy.

(9)        The conditions under Par. 8, Item 6 shall be applicable to the managers or members of the administration authorities of the participants.

(10)      The airport operator or the Director of the Civil Aviation Administration shall issue a permission for access to the ground service market to the applicant who has won the competition. The decision of the airport operator for a choice of a ground service operator shall be an individual administrative act and shall be subject to an appeal in the order of the Administrative Proceedings Act.

(11)      The permission for access of a ground service operator to the airport activities market of a particular airport shall be withdrawn:

1.         when the ground service operator does not start the activity within 60 days after receiving the permission;

2.         upon suspension of the ground service operator license;

3.         when the ground service operator has been announced in insolvency.

4.         (New, SG 10/2007) when the ground service operator does not observe the rules of art. 48h at the respective airport.

(12)      In the events under Par. 11, Items 2 and 3, until the holding of a new competition, a ground service operator shall be determined who shall perform the activities of the removed operator.

(13)      With the order under Art. 48c, Par. 6 the terms and procedures for access to the ground service market, the issuance of ground service operator license, the ground service activities, as well as the terms and procedures upon which access restrictions can be imposed, shall be arranged.

Article 48h

(New, SG 10/2007)

(1)        In order to ensure the safe operation of the airport, the airport operator shall issue mandatory orders to ground service operators in correspondence with the approved manual for management and operation of the respective airport.

(2)        The airport operator shall allocate the free space available for ground services and shall provide ground service and self-service operators with access to the airport facilities to the extent necessary for carrying out their operations.

(3)        The statements of the airport operator pursuant to par. 1 and 2 are administrative statements and shall be subject to appeals in accordance with the procedures of the Administrative Procedure Code.

Article 48i

(New, SG 10/2007)

(1)        Airport operators and air carriers also performing ground services, as well as ground service operators shall keep analytic accounting records of income and expenses associated with ground service operations, and of income and expenses associated with other operations.

(2)        The entities under par. 1 providing ground services shall, within 20 days following the end of the respective quarter, submit to the Directorate General "Civil Aviation Administration" statements from the respective accounting documentation. The Directorate General "Civil Aviation Administration" shall check compliance with the obligation under par. 1.

Article 48k

(New, SG 66/2008)

(1)        Airport operators shall implement or ensure the implementation of the necessary measures and shall provide assistance, in compliance with Regulation (EC) No 1107/2006, to disabled persons and persons with reduced mobility for the purpose of travelling by air transport.

(2)        When the implemented measures or the assistance provided to disabled persons or persons with reduced mobility are not in compliance with (EC) No 1107/2006, the airport operator shall owe a compensation to the person for the caused trouble.

(3)        Any compensation claims shall be brought against the airport operator before the appropriate court.

Chapter Five

FLIGHTS

Article 49

(Amended, SG 85/1998)

(1) Aircraft shall be required to perform flights within the Republic of Bulgaria's controlled airspace in compliance with a flight plan.

(2) (Amended, SG 34/2001) The Minister of Transport and Communications shall lay down the regulations applicable to flights within the controlled airspace of the Republic of Bulgaria.

(3) In air transportation, besides the measurement units of the International System of Units (SI), the units foot, sea mile and knot, as well as their derivatives and composites can be used as well.

Article 50

(Amended, SG 85/1998)

(1) Scheduled international air carriage to or from airports within the Republic of Bulgaria shall be subject to prior permission.

(2) The permission under Par. 1 shall include requirements and conditions for the approval of an airline operator's access to each route, coordination and approval of flight schedules or other requirements defined in an international contract.

(3) Non-scheduled commercial flights to or from airports within the Republic of Bulgaria shall require the permission of the Civil Aviation Administration, while international non-commercial flights of Bulgarian and foreign governmental aircraft that do not require permission from the National Assembly or from the Council of Ministers, shall require the prior diplomatic permission of the Minister of Foreign Affairs.

(4) The right to carry domestic state traffic by aircraft shall be granted by the Head of the Civil Aviation Administration.

(Amended, SG 34/2001) The Minister of Transport and Communications shall lay down the terms and rules of authorising aircraft flights.

Article 51

(Amended, SG 85/1998)

(1) A deviation of an aircraft from the flight plan shall be admissible solely in the interests of the safety and security of flight.

(2) In the event of deviation as per paragraph (1) the aircraft commander and the air traffic control bodies shall notify each other of the decision taken.

(3) Any foreign aircraft entering or crossing the controlled airspace of the Republic of Bulgaria without authorisation, as well as any aircraft using the airspace illegally or in violation of flight regulations shall be regarded as a transgressor.

Article 52

(1)   (Amended, former text of art. 52, SG 66/2008) Civil airspace shall be provided with the necessary communication, radio navigation, radio location, electricity, lighting and meteorological services to flights.

(2)   (New, SG 66/2008) The Minister of Transport shall issue an ordinance defining:

1.    the terms and procedures for testing the services referred to in par. 1;

2.    the way of organizing and performing ground and in-flight checks of the services referred to in par. 1;

3.    the technical and operational requirements for the services referred to in par. 1.

Article 53.

(Amended, SG 16/1997, amended SG 34 /2001, enforced January 1, 2001)

(1) (Amended, SG 37/2006) Transforms the juridical person "Air Traffic Control" in State enterprise "Air Traffic Control" (SE "ATC") in the sense of Article 62, paragraph 3 of the Trade Act - legal person domiciled in Sofia, holding an air navigation service license and performing state functions connected with the provision of air navigation services in the served civil airspace of Republic of Bulgaria.

(2) (Amended, SG 37/2006) The main subject of activity of the State enterprise "Air Traffic Control" is:

1. air traffic control to achieve safety, effectiveness and timeliness of flights in the controlled civil airspace;

2. planning, provision, implementation, operation and maintenance of installations, systems and equipment for communication, navigation, surveillance, energy, lighting, meteorological and air navigation services for the controlled air traffic and the related infrastructure;

3. communication services, navigation services and surveillance services;

4. meteorological services;

5. air navigation information services;

6. metrology services;

7. information services for aircraft search and rescue;

8. air traffic safety system control within its competency;

9. fulfillment of the obligations of the Republic of Bulgaria under international air traffic control contracts to which the Republic of Bulgaria is a party;

10. collection of aircraft navigation service charges pursuant to art. 120, par. 2.

(3) The State enterprise "Air Traffic Control" is entitled to render also other services connected with the subject of its activities.

(4) (Amended, SG 102/2005; Amended, SG 37/2006) Upon execution of its activities under paragraph 2, p.1 the State enterprise "Air Traffic Control" has rights and obligations with regard to all aircraft, performing flights in the controlled civil airspace. With regard to military aircraft, the State Enterprise Air Traffic Control shall perform the activities under par. 2, items 1, 2 and 3 in coordination with the Ministry of Defense.

(5) The property of the State enterprise "Air Traffic Control" consists of property, placed at its disposal in type, volume and value by the Minister of Transport and Communications and of property, acquired by the State enterprise "Air Traffic Control".  Placed at the disposal of the State enterprise "Air Traffic Control" for management are the land and and the technologically serving areas - public state property in the sense of Article 43а, paragraph 4.

(6) No execution could be started against the property of the State enterprise "Air Traffic Control".

(7) No procedure for bankrupcy could be opened for the State enterprise "Air Traffic Control".

(8) For the purpose to guarantee its solvency the State enterprise "Air Traffic Control" maintains pecuniary reserve. The rate and the terms and conditions for its maintenance and spending are determined by the Minister of Transport and Communications and the Finance Minister.

(9) For the purpose to exercise its activities the State enterprise "Air Traffic Control" creates and maintains training and qualification centers.

(10) For the purpose to exercise its activities the State enterprise "Air Traffic Control" assigns state orders under the Public Orders Act, save for the activities, related to the aviation safety, the management of air space and the securing of the airnavigational service. The State enterprise "Air Traffic Control" could be executor per contracts for public orders, whose subject of activity is the activity performed by it.

Article 53а.

(New, SG, 34/2001, enforced January 1, 2001)

(1) Managing bodies of the State enterprise "Air Traffic Control" are:

1. the Minister of Transport and Communications;

2. the Board of Directors;

3. the General Manager.

(2) The control body of the State enterprise "Air Traffic Control" is the Control Board.

Article 53b.

(New, SG, 34/2001, enforced January 1, 2001)

(1) The Minister of Transport and Communications:

1. exercises the government rights of property in the State enterprise "Air Traffic Control" and conducts the state policy in the field of organisation and control  for the use of the airspace, as well as securing the safety, efficiency and regularity of flights;

2. appoints and releases the members of the Board of Directors and of the Control Board;

3. appoints and releases the General Manager of the State enterprise "Air Traffic Control", who by rights is member of the Board of Directors;

4. authorises the participation of the State enterprise "Air Traffic Control"  in trade and public societies;

5. approves rules for the structure, functions and the activity of the State enterprise "Air Traffic Control";

6. approves the resolutions of the Board of Directors for participation of the State enterprise "Air Traffic Control" in international organisations;

7. approves  the programme for development of the State enterprise "Air Traffic Control".

Article 53c.

(New, SG, 34 /2001, enforced January 1, 2001)

(1) The Board of Directors consists of five members, including the General Manager, who are nominated by the Minister of Transport and Communications for a period of five years.

(2) The Minister of Transport and Communications  concludes contract for management with every  member of the Board of Directors.

(3) Member of the Board of Directors could not be a person who had been convicted of a crime of general character, ascertained with sentence which has come in force, who is a spouse or relative by direct line of descent, as lateral branch of family or by marriage up to third degree inclusive of another member of the Board of Directors or the Control Board.

(4) The Board of Directors sits for sessions at least once at two months.

(5) The sessions of the Board of Directors are organised and presided by the Chairman of the Board of Directors, while in his absence - by the Deputy Chairman.

(6) The session of the Board of Directors is regular provided there are present at least three members.

(7) The resolutions of the Board of Directors are accepted with open voting and with common majority by all members.

(8) The supervision over the fulfilment of the resolutions of the Board of Directors is executed by the Chairman of the Board of Directors.

(9) Minutes are taken at the sessions of the Board of Directors and they are signed by all present members.

(10) The Minister of Transport and Communications releases prior to the expiration of the term of the contract for management this member of the Board of Directors, who:

1. does not meet the requirements per paragraph 3;

2. violates the conditons, provided for in the contract for management;

3. has lodged a written application to be released.

(11) The Board of Directors:

1. elects among its members a Chairman and  a Deputy Chairman;

2. approves draft of rules for the structure, functions and activities of the State enterprise "Air Traffic Control" and submits it to the Minister of Transport and Communications for authorisation;

3. submits a programme for development of the State enterprise "Air Traffic Control" to be approved by the Minister of Transport and Communications;

4. approves the annual financial plan of the State enterprise "Air Traffic Control" in correspondence  with the international requirements;

5. accepts the structure, budget and the funds for the working salaries in the State enterprise "Air Traffic Control" in compliance with the annual financial plan;

6. approves the annual accounting report of the State enterprise "Air Traffic Control";

7. appoints certified chartered accountant or auditing company to certify the annual accounting report;

8. takes decisions about the allocation of profit and covering of loss;

9. takes decisions about the arrangement, rejection or liquidation of long term material assets, for establishment of property rights and for leasing of real estates - property of the State enterprise "Air Traffic Control";

10. approves drafts of resolutions for participation of the State enterprise "Air Traffic Control" in international organisations and submits them to the Minister  of Transport and Communications for authorisation and takes decisions concerning the collaboration of the State enterprise "Air Traffic Control" with similar organisations in the field of aviation;

11. fulfils also other functions related to the administration of the State enterprise "Air Traffic Control", in compliance with the normative acts in force or assigned to it by the Minister of Transport and Communications.

Article 53d.

(New - SG, 34/2001, enforced January 1, 2001)

(1) The General Manager of the State enterprise "Air Traffic Control":

1. represents the State enterprise "Air Traffic Control" before the governmental authorities, courts and third persons in this country and abroad;

2. manages the overall activity of the State enterprise "Air Traffic Control";

3. concludes contracts for the activities performed by the State enterprise "Air Traffic Control";

4. concludes and terminates the labour relations with the employees of the State enterprise "Air Traffic Control";

5. reports his activities before the Board of Directors.

(2) The General Manager has the right to authorise other employees from the State enterprise "Air Traffic Control" with his powers under paragraph 1.

Article 53e.

(New - SG, 34/2001, enforced January1, 2001)

(1) The Control Board consists of three members. Its members are not entitled to enter in labour relations with the State enterprise "Air Traffic Control" and to be members of the Board of Directors.

(2) The Minister of Transport and Communications concludes with every member of the Control Board a contract for a period of five years.

(3) Member of the Control Board could not be a person who had been convicted of a crime of general character, ascertained with sentence which has come in force, who is a spouse or relative by direct line of descent, as lateral branch of family or by marriage up to third degree inclusive of another member of the Board of Directors or the Control Board.

(4) The sessions of the Control Board are presided by a Chairman. The Chairman of the Control Board participates in the sessions of the Board of Directors without the right to vote.

(5) The Control Board takes decisions unanimously.

(6) The Minister of Transport and Communications releases prior to the expiration of the term of the contract for management this member of the Control Board, who:

1. does not meet the requirements per paragraph 3;

2. violates the conditions, provided for in the contract for management;

3. has lodged a written application to be released.

(7) The Control Board:

1. exercises control with regard to the observance of the normative acts and the financial discipline in the State enterprise "Air Traffic Control";

2. exercises control  with regard to the preservation of the property of the State enterprise "Air Traffic Control";

3. gives conclusion concerning the annual financial report of the State enterprise "Air Traffic Control";

4. carries out inspections at request of the Minister of Transport and Communications, of the Board of Directors of the State enterprise "Air Traffic Control" or through its own initiative.

Article 54

(Rescinded, SG 85/1998)

Article 55

(Amended, SG 85/1998, Amended, SG 34/2001)

Any flight of aircraft shall be allowed solely by permission from the air traffic control.

Article 56

(Amended, SG 85/1998, Amended, SG 34/2001)

All instructions from the air traffic control shall be positively binding upon aircraft operating crews.

Article 57

(Amended, SG 85/1998, Amended, SG 34/2001).

In case of emergency representing an imminent danger to the flight, an aircraft commander shall have the power to take a decision to deviate from the flight plan and from the air traffic control instructions. The aircraft commander must forthwith give notification of such decision to the appropriate air traffic control authority.

Article 58

(Amended, SG 85/1998)

Performance of aerobatics as well as any test and sports flights of civil aircraft over settled (built-up) areas shall be disallowed.

Article 59

(1) The disposal of any objects from an aircraft in flight shall be prohibited.

(2) (Amended, SG 34/2001) Should safety of flight necessitate the disposal of either objects or fuel from board an aircraft, this may be effected solely in strict compliance with the terms and procedures prescribed by The Minister of Transport and Communications.

(3) (New, SG 52/2004) The disposal of objects and cargo from aircraft shall be permitted in giving aid to the population during disasters, catastrophes and commercial accidents, and in giving aid to passengers who have suffered an aviation accident, only after a preliminary coordination with the Civil Aviation Administration.

Article 60

(1) (Amended, SG 85/1998, Former text of Art. 60, Amended, SG 52/2004) Parachute jumps and parachute cargo drops from aircraft within airport or airway regions, or above populated areas shall be prohibited. The Minister of Transport and Communications may permit such activities for training and sports purposes.

(2) (New, SG 52/2004) Parachute jumping and parachute cargo dropping from aircraft shall be permitted in giving aid to the population during disasters, catastrophes and commercial accidents, and in giving aid to passengers who have suffered an aviation accident, only after a preliminary coordination with the Civil Aviation Administration.

Article 61

(Amended, SG 85/1998)

(1) Flights of unpowered or unmanned aircraft in the airspace of the Republic of Bulgaria, inclusive of those intended for sports, shall be sanctioned by the authority specified in Article 50, paragraph (4) hereof.

(2) Flights of aircraft not carrying radio equipment shall be authorised by the authority specified in Article 50, paragraph (5) hereof.

Article 62

(Amended, SG 85/1998)

(1) Any aircraft which has entered the airspace of the Republic of Bulgaria without authorisation, or has violated the flight regulations, or bears no distinctive nationality and registration mark, or disobeys the instructions of the air traffic control authorities shall be regarded as a transgressor and forced to land.

(2) (Amended, SG 85/1998) An aircraft that has been ordered to make a landing shall be required to do so at an appropriate airport.

(3) (New, SG 85/1998, Amended, SG 34/2001)) The mode of procedure for forcing an aircraft which has transgressed the regulations of this Act to make a landing, as well as the mode of procedure for allowing such aircraft to continue its flight shall be prescribed in an ordinance enacted by The Minister of Transport and Communications, the Minister of Defence and the Minister of Internal Affairs.

(4) (Formerly paragraph 3, SG, 85/1998) Any damages resulting from a forced landing shall be sustained by the transgressor.

Chapter Six

CONTRACT FOR TRANSPORT OF PASSENGERS

Article 63.

(Rescinded, SG, 85/1998)

Article 64.

(Amended, SG, 85/1998)

(1) (Amended, SG 52/2004; Amended, SG 10/2007; Amended, SG 66/2008) An airline operator is an entity registered under the Commercial Act or registered as a business in accordance with the legislation of a European Union member state or of another state which is a party to the Agreement on the European Economic Area, holding an air operator license which certifies that the operator has the professional suitability and organization to guarantee the safe operation of aircraft while performing the activities specified in the license.

(2)   (New, SG 66/2008) The right to perform specialised air operations, other than commercial air transportation, shall be certified with an air operator license for performing specialised aviation operations. The air operator performing specialised air operations shall be an entity registered under the Commercial Act or registered as a business in accordance with the legislation of a European Union member state or of another state which is a party to the Agreement on the European Economic Area

(3) (Former par. 2, SG 66/2008) The airline operators are obliged to create conditions for constant and overall control on behalf of the Civil Aviation Administration for the purpose to guarantee safety of flights.

(4) (Former par. 3, SG 66/2008) In its' control activity the Civil Aviation Administration is guided by the principle of equivalence of all airline operators.

(5) (Amended, SG 52/2004; former par. 4, SG 66/2008) The airline operators shall obligatory insure:

1. their aviation staff against accidents, and

2. their responsibility:

a) towards the passengers in case of an accident;

b) in the cases of missing or damaged luggage, cargo and mail;

c) towards third parties.

(6) (Amended, SG 52/2004; former par. 5, SG 66/2008) The Civil Aviation Administration shall issue airline operator certificates.

(7) (Former par. 6, SG 66/2008) The Civil Aviation Administration recognizes the validity of a certificate issued to foreign airline operator by the aviation administration of a country where the respective requirements are equivalent to the national ones or surpass them.

(8) (Former par. 7, SG 66/2008) The terms and procedures for issuance of the certificates and the licences are prescribed by the Minister of Transport and Communications.

Article 64a.

(New, SG, 85/1998, Supplemented, SG 34/2001, Amended, SG 52/2004)

(1) Commercial air transportation shall be performed by air carriers which meet the requirements of this Act.

(2) The order of Par. 1 shall not be applied to commercial air transportation of passengers, luggage, cargo and mail performed with gliders or over light engine-driven aircraft, as well as on flights which do not include transportation between different airports.

(3) The Bulgarian air carriers shall be businessmen registered under the Commercial Act or entities created with an act of the Council of Ministers, which own an airline operator license and an air carrier license.

(4) Every air carrier must at all times have at its disposal own capital not smaller than 160,000 BGN.

(5) The license for a Bulgarian air carrier shall be without time limit and shall be issued to an entity which:

1. has been registered as a businessman under the Commercial Act or has been created with an act of the Council of Ministers for performance of flights with special purpose;

2. has air transportation for its main activity, solely or jointly with other aircraft operation or aircraft repair and technical service;

3. submits grounded business plan for securing the activity;

4. has an issued airline operator license;

5. presents proof for own capital under Par. 4 and for financial stability.

(6) When an air carrier does not conform with the requirements for provision of information for  financial stability evaluation or cannot perform its current or potential obligations for a period of 12 months, the Director of the Civil Aviation Administration shall cease the operation or suspend the license, or shall issue a temporary license until restoration of the air carrier's financial stability, given that flight safety has not been endangered.

(7) The Director of  the Civil Aviation Administration shall suspend the license of an air carrier who has been announced as insolvent or is in liquidation.

(8) The Director of  the Civil Aviation Administration shall issue a temporary license to an air carrier against whom proceedings in insolvency have been opened, for the period of adoption and performance of the remedy plan, and given that flight safety has not been endangered and that a possibility for remedying of the company is at hand.

(9) The Director of  the Civil Aviation Administration shall cease the operation or suspend the license of an air carrier whose airline operator license has been terminated or suspended.

Article 64b.

(New, SG, 34 /2001)

(1) The flights with special designation are carried out by an airline operator - Aviosquad 28 - legal person with the Minister of Transport and Communications, whose support is formed from the budget funds and from the income from their own activity. The provisions of the Administration Act shall not apply to Aviosquad 28.

(2) (Amended, SG 37/2006) Flights with special designation are the flights for transport and service of the:

1. President of Republic of Bulgaria;

2. Chairman of the National Assembly of Republic of Bulgaria;

3. Prime Minister of Republic of Bulgaria;

4. (Abolished, SG 52/2004);

5. Vice-President of the Republic of Bulgaria

6. (Amended, SG 52/2004) Foreign and state leaders, corresponding in rank to the authorities under Items 1,2, 3 and 5;

7. persons included in the strength of the delegation, the accompanying teams, security guards and their luggage - in the events according to p.1-5.

(3) In the events when Aviosquad 28 conducts flights for the needs of ministries and administrations the payment is effected from the budget of the respective ministry or administration.

(4)   (New, SG 66/2008) For the realization of its activities, Aviosquad 28 shall assign public procurement on accordance with the procedures of the Public Procurement Act, except in cases where there is an irresistible force and the terms for conducting a public procurement make it impossible to perform special designation flights as referred to in par. 2.

(5) (Former par. 4, SG 66/2008) The activity, functions and strength of Aviosquad 28 are determined with system rules, approved by the Council of Ministers on the motion of the Minister of Transport and Communications.

(6) (Former par. 5, SG 66/2008) To the basic monthly remuneration of the staff in Aviosquad 28 additional money is paid for specific conditions of work - up to 25% from the basic remuneration, at conditions and at rate, set forth by the Minister of Transport and Communications in congruence with the Minister of Labour and Social Policy and the Finance Minister.

(7) (Former par. 6, SG 66/2008) To the employees in Aviosquad 28, working per official or labour relationship, food allowance is paid which is not taxable and is not included in the gross monthly remuneration. The rate of the food allowance is determined per annum by the Minister of Transport and Communications in congruence with the Finance Minister. 

Article 65.

(Supplemented, SG 52/2004)

With the contract for air transportation of passengers, the carrier shall bind himself to transport with his own or a leased aircraft the passenger and his luggage from one place to another for payment of a transportation price.

Article 66.

(1) The contract for Transport of passengers is proved with travel ticket, and the hanging over of the luggage - with luggage receipt.

(2) In the event the ticket is not valid, not available at the trip or has been lost, the contract remains valid and the relationship between the carrier and the passenger is settled under the provisions of this Act.

Article 67.

(1) (Amended, SG, 85 /1998) The Transport price also includes the carriage of luggage at rate, set by the carrier.

(2) Luggage exceeding the established rate is accepted for Transport with the same aircraft against payment of an additional Transport fee.

Article 68.

The employees of the airline organisation, when travelling on business, and other persons, when travelling in connection with the accomplishment of tasks, connected directly with the activity of the airline organisation or following international conventions, contracts and rules, are entitled to obtain official tickets for free of charge trip should unoccupied seats are available in the aircraft.

Article 69.

(1) Each of the countries may renounce the  contract due to war which had been declared or started, which represents danger to the carriage, due to blockade of the airport of departure or of the airport of destination, due to detention of the aircraft by the competent authorities, due to closing of the airport of departure or the airport of destination by orders of the authorities or due to other hindrances of similar kind.

(2) In case of renouncement from the contract due to the reasons mentioned in the preceeding paragraph, the passenger may request the return of the paid Transport price in total, in the event the renouncement has been made prior to the start of the Transport, and if it was made after the start of the Transport - the difference between the price of the ticket and the price of the Transport carried out in fact.

Article 70

(Abolished, SG 37/2006)

Article 70a.

(New - SG, 85 /1998, Abolished, SG 52/2004)

Article 71.

(1) The passenger has the right to renounce from the contract for Transport and to receive back the Transport price in the following cases:

а) illness, including of a member of his family, who is travelling with him, ascertained by a health establishment;

б) non-observance of the time-schedule for take-off of the aircraft with more than 60 minutes;

в) substitution of the aircraft with another category of aircraft.

(2) (Amended - SG, 85 /1998) The passenger has the right to renounce from the contract also beyond the events listed in the preceeding paragraph, but not later than 8 hours prior to the take-off of the aircraft. In such a case from the paid Transport price are deducted 25% from the tariff for Transport in one direction.

Article 72.

(Amended - SG, 85 /1998)

In the event of unfulfilled Transport due to death of the passenger, of a member of his family or of a parent, brother or sister, as well as of relatives from lateral branch of the family to second degree the carrier returns the Transport price in total.

Article 73.

(1) Not admitted for Transport are passengers in a state of intoxication, contagiously ill, as well as mentally ill, representing threat to the remaining passengers of the flight safety.

(2) Passenger, who transgresses the established rules for trip and conduct in the aircraft and disobeys its' commander may be forced to leave the aircraft at the airport of departure or intermediate one, deprived of the right to request return of the paid Transport price.

Article 74.

(1) The carrier is liable for caused damages in case of death or body injury, suffered by a passenger, when the incident that has caused the damages, had occurred on board of the aircraft or during the time of getting on or off board and the connected with this actions.

(2) (Amended - SG, 85 /1998) This liability is effected in compliance with the legislation of Republic of Bulgaria and in congruence with international agreements and conventions, to which Republic of Bulgaria is a signatory.

Article 75.

The carrier is liable for the damages, which have occurred as a result of damage or lack of the checked-in luggage, in the event the damage had occurred during the time the luggage had been under its guidance.

Article 76.

(1) For damages caused during the Transport of luggage, the carrier bears responsibility in the following rates:

а) (Amended - SG, 85 /1998) for lack or damage - the actual value of the missing or damaged luggage, but not more than 40 BGL for each kilogram gross weight;

б) for missing or damaged luggage, handed over with declared value - the declared value or this part of it corresponding to the missing or damaged part of it. In the event the carrier proves that the declared value exceeds the actual one, the compensation to be paid is at the rate of the real value.

(2) (Amended - SG, 85 /1998) The liability of the carrier for the personal belongings of the passenger and for the belongings, under passenger's control is up to BGL 800.

In case of lack he returns also the paid Transport fee.

Article 77.

(Supplemented, SG 52/2004)

The carrier shall not be liable for caused damages due to a delay if he proves that he had taken the necessary measures to avoid the damages, or it  has been impossible for him to undertake such measures.

Article 78.

For lacks and damages of the luggage and personal belongings of the passenger a statement of facts is prepared under the terms and procedures of chapter ХI of this Act.

Article 79.

In the event the passenger fails to inform the carrier in writing for lack or damage of the luggage in the terms stated in chapter ХI herein, it is accepted that the luggage had been delivered in good order and in compliance with the ticket or the luggage receipt.

Article 80.

The carrier is not liable for lacks or damages of the passenger's luggage which have occurred as a result of:

а) specific properties of the luggage;

б) defects in packing which could not have been noticed upon acceptance;

в) not mentioning in the shipment document the specific properties of the luggage, requiring special storage conditions.

Article 81.

In combined Transports and Transports, carried out by several air carriers, the provisions of Article 108 and 109 herein are applied. 

Article 81a.

(New, SG 66 /2008)

(1)   Air carriers shall ensure the implementation of the necessary measures and shall provide assistance, in compliance with Regulation (EC) No 1107/2006, to disabled persons and persons with reduced mobility.

(2)        When the implemented measures or the assistance provided to disabled persons or persons with reduced mobility are not in compliance with (EC) No 1107/2006, the air carrier shall owe a compensation to the person for the caused trouble.

(3)        Any compensation claims shall be brought against the air carrier before the appropriate court.

Chapter Seven

CONTRACT FOR TRANSPORT OF CARGO

Article 82.

(1) (Supplemented, SG 52/2004) With the contract for transportation of cargo by air the carrier shall bind himself to transport for payment with his own or a leased aircraft to a particular place a cargo which the consignor is handing over or will hand over to him, and to deliver this cargo to the destination.

(2) Upon acceptance of the cargo the carrier issues a bill of lading.

Article 83.

(Rescinded, SG, 85 /1998)

Article 84.

(1) The non-issuance, invalidity or loss of the manifest do not influence the validity of the contract.

(2) Official cargoes of the aviation organisations could be transported free of charge with official bill of lading.

Article 85.

(1) (Supplemented, SG, 85 /1998) The sender is obliged to state in the bill of lading the exact  denomination of cargo and its specific properties, if any, as well as the type of packing.

(2) Concurrently with the freight the sender hands over to the carrier all papers, required by the sanitary, customs and other authorities.

Article 86.

The sender owes an indemnification to the carrier or third persons for caused damages due to incorrect, inaccurate or incomplete data, filled in the bill of lading.

Article 87.

(1) The consignor could request the breaking of the contract for air carriage in the following terms:

а) at least seven days prior to the day of flight, by paying penalty of 10% from the fixed or contracted price;

б) at least three days prior to the day of flight by paying penalty of 30% from the fixed or contracted price.

(2) The parties could agree shorter terms as well.

Article 88.

(1) In the event the consignor does not hand over the cargo for Transport, he pays the full tariff or contracted Transport price. If with the same flight instead of the undelivered cargo had been transported cargo of another consignor, the faulty consignor pays 50% from the Transport price.

(2) The consignor is not liable if the non delivery of cargo for Transport is due to irresistible force or average in the manufacturer's facilities, as a result of which the manufacturing process had stopped for more than three days.

Article 89.

Cargo with damaged packing is accepted for Transport at the risk and responsibility of the sender, for which a note is made in the bill of lading.

Article 90.

(1) The sender could declare the value of the cargo delivered for Transport. The declared value could not exceed the real value of cargo. The declaration of value is mandatory for cargo,  the actual price of which could not be determined in case of loss or destruction.

(2) For the declared value is collected fee, provided for in a tariff.

(3) Not admitted for Transport with declared value is cargo, if accepted with defects in packing on sender's responsibility, easily perishing or hazardous goods, as well as goods transported with companion.

Article 91.

(Amended, SG 34/2001)

The hazardous cargo, which is not admitted for Transport together with passengers, as well as the conditions for Transport of explosives, munitions, poisonous and easily inflammable  substances, easily perishing goods, animals, birds and insects, corpses and mortal remains, radioactive substances, cinema and photo cameras, radio equipments, cargo without packing etc. are stipulated by the Minister of Transport and Communications in congruence with the ministers and heads of the respective ministries and administrations.

Article 92.

(1) If during Transport break-down of the aircraft or its equipment occurs, which endangers the cargo or the continuation of the flight, the carrier is obliged to notify the sender.

(2) In case of impossibility to dispatch the notice per the preceeding paragraph or instructions have been received from the sender, which could not be followed, the carrier has the power to transfer the cargo to another aircraft of his or chartered by him aircraft or to the aircraft of another carrier.

Article 93.

The carrier is obliged to effect the Transport along the established and agreed route. The deviation from this route because of considerations for safety or due to rendering of assistance by the aircraft commander is not considered violation of the Transport contract and the carrier is not liable for the damages resulting from this.

Article 94.

The carrier is obliged to deliver the cargo at the point of destination in the term, if such a term has been specified in the contract.

Article 95.

(1) The cargo together with the manifest is handed over to the recipient stated in the bill of lading or to a proxy of his.

(2) The delivery of cargo to customs or other authorities, executed in compliance with legal regulations, is considered as delivery to the recipient.

Article 96.

(1) In the event the recipient refuses to accept the cargo or does not appear within three days, for easily perishing goods within 48 hours, the carrier has the power to return the cargo at the airport of departure or to give it for storage for the account and for the risk of the sender, for which he will be notified.

(2) If in forty five days the cargo is not cleared or no instructions received from the sender, a liquidation of cargo is undertaken.

(3) The expenses for storage, liquidation etc. are deducted from the sum obtained at the liquidation, while the remainder is remitted to the sender.

The liquidation of cargo is carried out in terms and procedures stipulated by the Minister of Transport and Communications and the Minister of Justice.

Article 97.

If the recipient fails to inform the carrier in written about missing or damaged cargo, until the delivery is finished, it is considered until the opposite is proven, that he has received the cargo in accordance with the bill of lading.

Article 98

.

In case of missing or damaged cargo, ascertained till the moment of its delivery to the recipient a statement of facts is prepared, one copy of which is handed to the recipient.

Article 99.

The Minister of Transport and Communications stipulates the types of cargo, which are carried obligatory with a companion. In such cases the accompanying person should be provided with valid flight ticket.

Article 100.

The carrier is responsible for the preservation of the cargo from the moment of its acceptance for Transport until it is delivered to the recipient or for storage.

Article 101.

(1) The carrier is not responsible if he proves that he had undertaken the necessary measures, to avoid the damages, or that it was impossible for him to undertake such measures.

(2) The carrier is not responsible also when the damages have occurred as a result of:

а) through the sender's or recipient's fault;

b) characteristic specifications of the cargo and the natural reduction of its weight in the margin of the established rates;

c) defects in packing, which could not have been noticed at the time of acceptance of cargo;

d) defects in packing when the cargo was accepted with such packing and a preliminary note has been made in the bill of lading that the Transport is carried out for the risk and responsibility of the sender;

e) failure to  undertake the necessary measures by the accompanying person for the preservation of the cargo;

f) failure to state in the bill of lading the specific properties requiring special conditions for its storage.

Article 102.

The carrier is exempted from liability for not providing the aircraft, if this had happened due to irresistible force, military operations, meteorological and other reasons, not depending on him.

Article 103.

For damages caused at Transport of cargo the carrier is due to pay compensation at the following rates:

а) for missing cargo handed over with declared value - the declared value. If the carrier succeeds to prove that the declared value surpasses the real one, the indemnification paid is at the rate of the actual value;

b) (Amended, SG, 85 /1998) for missing or damaged cargo - the actual value of the missing or damaged cargo but not more than BGL 40 for kilogram gross weight.

Article 104.

Besides the indemnification under Article 103 the carrier is obliged to return the respective Transport and additional fees, paid for the missing or the entirely destroyed part of the cargo.

Article 105.

(1) In case of non observance of the delivery term, if such term had been agreed, the carrier is due to pay to he recipient a compensation at the rate of 10% of the Transport fees for each day overdue but not more than 50% from the Transport price.

(2) In case the recipient fails to clear the arrived cargo within one day from the moment of his notification, and when according to the contract the notification should have been effected by the sender within two day after the receipt of cargo at the airport of destination, he shall pay to the carrier a compensation at the rate of 10% from the Transport fees for each day overdue but not more than 50% from the Transport price.

It could be provided for in the contract that the carrier should bear greater liability than the one provided for herein for untimely delivery.

Article 106.

Should the cargo is not delivered within 10 days from the day it was supposed to arrive, is is considered lost.

Article 107

.

The air carriage of cargoes does not include the land, naval or river Transport, carried out outside the airports. If such Transport has been carried out on the grounds of the contract for air carriage for the purpose the cargo to  be loaded or reloaded on board the aircraft, or to be delivered to the recipient, it is considered, till the opposite is proven, that the damages have occurred during the air Transport.

Article 108.

In mixed Transport, carried out partly by air, partly by other kind of transport, the provisions of this law are applied only with regard to the air carriage.

Article 109.

In Transport, carried out by several air carriers, as well as in mixed Transports, the liability of the carriers is joint in all cases when it is impossible to ascertain through whose fault has occurred the damage.

Chapter Eight

CONTRACT FOR AVIATION SERVICES

(Rescinded, SG, 85 /1998)

Article 110-112 (Rescinded, SG, 85 /1998)

Chapter Nine

AIR SPORTS

(Rescinded, SG, 85 /1998)

Article 113-119 (Rescinded, SG, 85 /1998) 

Article 119a

(New, SG 52/2004)

Parachute jumps and flights for sports purposes shall be performed in areas designated by the Civil Aviation Administration.

Article 119b

(New, SG 52/2004)

(1) (Amended, SG 10/2007) Training of sportsmen exercising air sports as well as sports flights outside of the system of the Ministry of Defense or the Ministry of Internal Affairs shall be performed by parties registered under the Commercial Act, or by entities registered in accordance with the legislation of a European Union member-state or of another state which is a party to the Agreement on the European Economic Area, or under the Legal Entities Act with a noncommercial goal for the realization of socially beneficial activity in air sports.

(2) Training shall be performed by rules developed by the parties under Par. 1 and approved by the Civil Aviation Administration.

Article 119c

(New, SG 52/2004)

The parties which organize sports events in the sphere of air sports and the parties which realize them shall create conditions for the safe performance of the indicated activities as well as for the safety of third parties.

Article 119d

(New, SG 52/2004)

The parties performing activities in air sports shall insure the seats in the aircraft as well as the aviation staff and their responsibility in case of an accident, with regard to the sportsmen and towards third parties.

Chapter Ten

FEES

Article 120.

(Amended, SG, 85 /1998)

(1) (Amended, SG 52/2004) At the airports for public use airport fees shall be collected for:

1. landing of aircraft;

2. parking;

3. passengers commencing a trip from the airport;

4. (New, SG 37/2006) use of passenger arm.

(2) (Amended, SG, 34/2001, enforced January 2001; Amended, SG 37/2006) State Enterprise "Air Traffic Control" shall collect:

1. charges for air navigation service and use of navigational resources of State Enterprise Air Traffic Control in airport areas and regions;

2. traveling charges for flying in the controlled airspace of the Republic of Bulgaria

(3) Exempted from the fees under paragraph 1, p. 1 and 2 and under paragraph 2 are:

1. aircraft, carrying out search and rescue flights;

2. aircraft, carrying out humanitarian flights;

3. governmental aircraft, when fulfilling governmental flights;

4. (Rescinded, SG, 34/2001)

5. aircraft in distress or subjected to illegal interference;

6. aircraft carrying out an initial flight training;

7. aircraft, used for flying over the aviation installations;

8. aircraft in special cases, enacted by the Council of Ministers.

(4) (Supplemented, SG 52/2004) The Civil Aviation Administration shall collect fees for administrative service and performing procedures for:

1. issuance of certificates to airports and flight platforms;

2. (Amended, SG 52/2004) issuance of airport and ground service operator licenses;

3. issuance of certificates to aviation staff;

4. issuance of licenses for performance of technical service or repair of aviation equipment;

5. issuance of licences to laboratories for objective control;

6. issuance of certificates for airworthiness of aircraft;

7. issuance of certificates for airworthiness of aviation equipment;

8. (Amended, SG 52/2004) issuance of certificates for aviation training centers;

9. issuance of certificates to airline operators;

10. registration of aircraft or entering of changes in the public register of aircraft and issuance of certificates for registration;

11. issuance of references connected with aviation except those being issued for the needs of the state administration authorities.

12. (New, SG, 34/2001, Enacted since 1 Jan 2001, Amended, SG 52/2004) issuance of certificates for operability of navigational equipment for air navigation and landing

13. (New, SG 52/2004) issuance of certificates for operability of the systems and equipment for passenger service, aircraft service and securing, loading and unloading of luggage, cargo an mail;

14. (New, SG 52/2004) issuance of permanent passes to the security areas at civil airports for public use and of identification cards to personnel and motor vehicles;

15. (New, SG 52/2004) issuance of air carrier license;

16. (New, SG 52/2004) issuance of certificates for aviation noise of aircraft;

17. (New, SG 52/2004) issuance of certificates for gas emissions of aircraft engines;

18. (New, SG 52/2004) issuance of certificates for airworthiness of newly manufactured aircraft or newly manufactured aviation equipment.

19. (New, SG 52/2004) issuance of export certificates for airworthiness;

20. (New, SG 52/2004) issuance of certificates for airworthiness of the corresponding type of aircraft;

20a. (New, SG 37/2006) issuance of air navigation service license;

21. (New, SG 52/2004) recognition of licenses and certificates through the issuance of a recognition document;

22. (New, SG 52/2004; Amended, SG 37/2006) certification or amendments of licenses and certificates.

(5) (New, SG 52/2004) (Amended, SG 66/2008) The airport fees as per par. 1 for public civil airports which are public state property shall be collected:

1. by the Civil Aviation Administration if not otherwise stipulated in a concession contract or an international contract, ratified, promulgated and enacted for the Republic of Bulgaria;

2. by the concessioner, under conditions and in an order defined in the concession contract, in accordance with the decision of the Council of Ministers for granting of a concession, when for the civil airport for public use a concession has been granted;

3. in the cases of an international contract, ratified, promulgated and enacted for the Republic of Bulgaria, under the conditions defined in it.

(6) (New, SG 52/2004) In the cases under Par. 5, Item 2, the right to collect for his own benefit all or part of the fees, up to the amounts defined under Art. 122, can be granted to the concessioner.

(7) (Former PAr. 5, Amended, SG 52/2004) The fees under this article shall be taxable with the exception of the cases under Par. 5, Item 2.

(8)   (New, SG 66/2008) Except in the cases as per par. 5, airport fees shall be collected by the owner of the airport.

Article 121.

(Rescinded, SG, 85 /1998)

Article 122.

(Amended, SG, 85 /1998; amended, SG, 34/2001)

The Council of Ministers on the motion of the Minister of Transport and Communications and of the Finance Minister stipulates the rates of fees, the terms and procedures and the events at which they are collected.

Chapter Ten "А"

FINANCING OF THE ACTIVITY OF THE STATE ENTERPRISE "AIR TRAFFIC CONTROL"

(New, SG,16/1997, Title amended, SG, 34/2001)

Article 122a.

(New, SG, 16/1997, Amended, SG, 85/1998)

(1) (Rescinded, SG, 34/2001, enforced January 1, 2001)

(2) (Amended and supplemented, SG, 85 /1998, Amended, SG, 34/2001, enforced January 1, 2001) The activity of the State enterprise "Air Traffic Control" is floated by:

1. (Amended, SG, 34/2001, enforced January 1, 2001; Amended, SG 37/2006) the fees under Article 120, paragraph 2;

2. funds per credit contracts;

3. (New, SG, 85 /1998) interests per deposits of own funds and overdue payments;

4. (New, SG, 85 /1998, Amended, 34/2001, enforced January 1, 2001) relief funds, donations, training, qualification;

5. (New, SG, 34/2001, enforced January 1, 2001) the services under Article 53, paragraph 3.

(3) (Amended and supplemented, SG, 85 /1998, Amended, SG, 34/2001, enforced January 1, 2001) The funds raised under paragraph 2, p. 1 are spent for:

1. (Amended, SG, 85/1998, amended, SG, 34/2001) support of the activity of the State enterprise "Air Traffic Control", the funds for labour salary are formed in percents from the collected fees for provided aviation services;

2. (Amended, SG, 34/2001, enforced January 1, 2001) acquisition of long-term assets;

3. incurring of expenses for large-scale construction and technical furnishing, connected with the integration and harmonisation of the national system for air traffic control with the European system and with other international conventions, to which Republic of Bulgaria is a signatory;

4. (New, SG, 85 /1998) search and rescue activities;

5. (New, SG, 85 /1998)  pay-off of credits;

6. (New, SG, 34/2001, enforced January 1, 2001) accomplishment of programmes for training, maintenance and enhancement of the professional qualification and rehabilitation and prophylactic remedial actions  for the staff of the State enterprise "Air Traffic Control";

7. (New, SG, 34/2001, enforced January 1, 2001) fulfilment of programmes and obligations per international contracts in the field of air traffic per which Republic of Bulgaria is a signatory;

8. (New, SG, 34/2001, enforced January 1, 2001) expenditures for administration of property under Article 53, paragraph 5;

9. (New, SG, 34/2001, enforced January 1, 2001, Amended, SG 52/2004) payment of fees under Art.120, Par. 4.

10. (New, SG 52/2004)  payment of TPL insurance premiums.

(4) (Amended - SG, 34/2001, enforced January 1, 2001, SG 52/2004; Amended, SG 37/2006) State enterprise "Air Traffic Control" may refuse air navigation services to air operators or aircraft owners if they have not paid the fees due under Art. 120, Par. 2, for which it shall inform in due time the Directorate General Civil Aviation Administration and the debtors.

Article 122b.

(New, SG, 16/1997)

The funds from the excess of income above expenses at the end of the fiscal year remain available for utilisation in the next fiscal year, as whole this is used for fulfilment of the European programme for integration and harmonisation of the national systems for air traffic control with of the European countries.

Chapter Ten "B"

FINANCING OF THE ACTIVITY PROVIDING FLIGHT SAFETY AND MAINTENANCE AND DEVELOPMENT OF AIRPORTS FOR PUBLIC USE

(New, SG, 85 /1998)

Article 122c.

(Amended, SG, 34/2001)

(1) (Supplemented, SG 52/2004; Amended, SG 66/2008) The financing of activities providing the flight safety and maintenance and development of civil airports for public use which are public state property shall be realized through the budget of the Ministry of Transport and Communications with the exception of the cases when otherwise has been stipulated in an international contract or when a concession has been granted for a public civil airport which is public state property and it has been otherwise stipulated in the concession contract in correspondence with the decision of the Council of Ministers under Art. 7 of the Concession Act.

(2) The activities under paragraph 1 are financially provided through:

1. (Supplemented, SG 52/2004) the fees under Art. 120, Par. 1 collected by the Civil Aviation Administration, and in the cases when an international or a concession contract stipulates otherwise - under the conditions stipulated in the contract;

2. (Rescinded, SG, 34/2001, enforced January 1, 2001)

3. the fees under Article 120, paragraph 4;

4. the interests per deposits of owned  money and overdue payments.

(3) With the funds accrued under paragraph 2 are provided the expenses for:

1. support of the Civil Aviation Administration;

2. (Supplemented, SG, 12/2000, Amended, 34/2001, enforced January 1, 2001) safety of flights, including  for flying training of airmen-pilots, passing the higher course of training - state order: 6 % from fees under Article 120, paragraph 1;

3. (Supplemented, Sg 52/2004) airports to which the fulfillment of the state functions under Art. 48а, Par. 3, Item 1 had been assigned, and when a concession for a civil airport for public use has been granted - in accordance with the decision of the Council of Ministers under Art. 7 of the Concession Act, and the concession contract;

4. (Amended, SG, 34/2001; Amended, SG 66/2008) additional remuneration - 35 per cent of the annual employment salary funds at the Directorate General Civil Aviation Administration for specific conditions and employment requirements associated with the performance of the regulatory and control functions for ensuring the safety and security of aviation, to the employees of the Directorate General Civil Aviation Administration - under terms and procedures stipulated by the Minister of Transport.

(4) (New, SG 12/2000, Abolished, SG 111/2001)

(5). (New, SG 52/2004; Supplemented, SG/2008) The financing of the activities for providing the security and safety of flights, the building, maintenance, development and support of the public civil airports which are public state property, for which a concession has been granted and the right to collect for his own benefit all or a particular part of the fees under Art. 120, Par. 1 has been granted to the concessioner, shall be performed under conditions and in an order defined in the concession contract, in correspondence with the decision of the Council of Ministers under Art. 7 of the Concession Act.

Article 122d.

(Amended, SG 52/2004)

An airport operator performing the functions of airport administration financed by the airport fees under Art. 120, Par. 1 shall prepare and present for coordination with the Civil Aviation Administration a program for the necessary expenses for paying off the received credit, for the investment expenses for infrastructure development and for the expenses for support of the airport administration.

Article 122e.

(New, SG, 12/2000, Amended, SG, 34/2001)

All funds granted from the budget of the Ministry of Transport and Communications according to the provisions of this Chapter for financing of the activities for providing and maintenance of the safety of flights, as well as the fees collected under Article 120, paragraph 4, are not taxable. 

Chapter Eleven

STATEMENTS OF FACTS, CLAIMS AND LEGAL PRESCRIPTION

Article 123.

Statement of facts is drawn up in the following cases:

а) when the circumstances necessitating the carrier's liability are present;

b) when the luggage or cargo does not comply with the denomination or weight, quantity or number of items stated in the shipping document;

c) when luggage or cargo is missing or is damaged;

d) for cargo or luggage without shipping documents or for shipping documents without cargo or luggage.

Article 124

In the event the recipient has not requested statement of facts to have been prepared, it is considered until the opposite is proven that the luggage or cargo have been handed over in good order.

Article 125.

The statement of facts is drawn up at the moment the irregularity had been ascertained but not later than the hanging over of the luggage or cargo to the recipient.

Article 126.

(1) The statement of facts is drawn up by the carrier or by a person authorised by him and is signed by him and by the passenger, sender or recipient of luggage or cargo.

(2) When the passenger, sender or recipient of luggage or cargo fails to appear or refuses to sign the statement of facts it will be signed by two witnesses.

Article 127.

(1) For lacks or damages the passenger, sender, recipient or their legal agents or authorised persons put in a claim in written before the carrier not later than seven days from the day of receipt of the luggage and fourteen days from the day of receipt of cargo, and in case of total loss - from the day they were supposed to have been received. The claim for time delay should be put not later than twenty one days from the day of hanging over of the luggage or cargo to the rightful claimant.

(2) The term to lodge a claim for overtop Transport fees is three months, considered as of the pay of payment.

Article 128.

A claim could be put in also after the expiry of the terms under Article 127, should the rightful claimant proves:

a) he was not in a position to put it in;

b) that he had not put in a claim as a result of him being mislead by the carrier or an agent of the latter;

в) that the carrier had been advised of the damage that has occurred.

Article 129.

The claim is lodged in written, stating the subject of the claim and the requested amount. All documents substantiating the claim are attached to it.

Article 130.

(1) The claim is put in before the carrier or a person empowered by him.

(2) Upon Transport carried out by air or other kind of transport the claims are put in before the carrier, who has caused the damage, and in the event this could not be proved - before the first or last carrier, keeping the terms, specified for the respective type of transport.

Article 131.

Upon Transport performed by two or more air carriers, the claim could be put in before each of them.

Article 132.

(1) In the case when to the lodged claim are not enclosed the proofs on which it is based the carrier is obliged to inform the claimant and to set a term, not less than seven days for elimination of the irregularity.

(2) If in the set term the irregularity is not eradicated the claim will be considered not lodged  and will be returned.

(3) The claim that has been repaired will be considered valid from the day it had been lodged.

Article 133.

The carrier is obliged in two months period from filing of the claim to consider it and to inform the claimant about the result.

Article 134.

Proceedings against the carrier could be instituted solely when the latter had entirely or partially rejected the claim or when the claimant had not received an answer in the term stipulated under Article 133.

Article 135.

The right of proceedings against the carrier per international Transport contracts lapses in two years term, and per domestic contracts - in six months period, considered as of the day of arrival of the aircraft at the point of destination, of the day when the aircraft was supposed to arrive, or of the day the Transport had been terminated.

Article 136.

(1) In case of bodily injury or death of the passenger the rightful claimant is entitled to bring an action before the competent court within two years from the day of injury.

(2) The carrier is exempted from payment of court and correspondence expenses, if he is sentenced to pay as indemnification a sum, which does not surpass the amount, proposed by him in written within six months period from the day of the injury.

Article 137.

(1) The prescription terms under Article 135 are suspended with the beginning of the lodging of the claim and start again from the day the answer of the carrier had been received or after the expiration of the term for answer.

(2) The terms are defined under the provisions of the Civil Code of Procedures.

Article 138.

Every stipulation in the contract for exemption from or diminishing of the liability provided for herein is void.

Chapter Twelve

ACCIDENTS WITH AIRCRAFT. SEARCH AND RESCUE.

(Title Amended, SG 52/2004)

Article 139.

(Amended, SG, 85 /1998)

(1) (Amended, SG, 34/2001) The State enterprise "Air Traffic Control", which has received message or has learned about a state of menace or distress, related to the aircraft, as well as in case of an air accident shall immediately inform:

1. the search and rescue service or the emergency rescue service in the respective region;

2. The Civil Aviation Administration.

3. (New, SG 52/2004) the Ministry of Transport and Communications;

4. (New, SG 52/2004) the specialized unit under Art. 16f.

(2) (Amended, SG 52/2004) The crew of the aircraft undergoing a disaster shall inform the State enterprise "Air Traffic Control", as well as the authorities under Par. 1, Item 1 if it is able to do so.

(3) (New, SG 52/2004) The aircraft operators, airport operators and the ground service operators registered in the Republic of Bulgaria shall notify the authorities under Par. 1 upon the emergence of an aviation accident, a serious incident or an incident.

Article 140.

(Amended, SG, 85 /1998)

In case of an accident with a foreign aircraft or with an aircraft on board of which there are foreign citizens, which had occurred in the controlled airspace of Republic of Bulgaria, the head of the Civil Aviation Administration shall inform  the Ministry of Foreign Affairs, wherefrom shall be informed the country where the aircraft had been registered, accordingly the embassies of the countries, whose citizens had been affected by the event.

Article 141.

(1) (Amended and supplemented, SG, 85 /1998) The local state and municipal authorities in the region of the accident, and in case of accident in the vicinity of the airport - the head of the airport, are obliged to take forthwith all possible measures to render assistance to the crew and the passengers and for preservation of the aircraft, its cargo and the evidence,  connected with the accident,  as well as security measures and measures to restrict the access to the accident area.

(2) (New, SG 85 /1998) The fire-fighting  services, the civil defence, the police and the military police carry out emergency rescue works, connected with the air accident following a schedule prepared by :

1. the airport administration - for accidents in the vicinity of airports;

2. the airport administration jointly with the municipalities - for the region with radius 5 km from the check point of the airport;

3. the Civil Aviation Administration jointly with administrative authorities and the Civil defence and the municipalities - for accidents beyond the radius of 5 km from the check point of the airport.

(3) (New, SG 52/2004) The emergency-rescue works on the territory of the airport and  in a region with a radius of 5 km from the control point of the airport shall be be directed by an airport emergency situation center.

(4) (New, SG 52/2004) The emergency-rescue works connected with an aviation accident outside the region under Par. 3 shall be directed by the situation center of the Ministry of Transport and Communications.

(5) (New, SG 85/1998, Former Par. 3, SG 52/2004) The persons, participating in the emergency rescue works at the airports shall be subject to training and periodic practices.

(6) (New, SG 85/1998, Former Par. 4, SG 52/2004) The order, requirements, liabilities and obligations connected with the organization of the emergency-rescue and anti-fire and medical securing of flights in the area of the airports shall be determined with an order of the Minister of Transport and Communications.

(7) (New, SG 85 /1998, Amended, SG 34/2001, Enforced January 1, 2001, Former Par. 5, SG 52/2004) The terms and procedures as well as the requirements towards the search and rescue system upon an aviation accident shall be determined with an order of the Minister of Transport and Communications, the Minister of Defense and the Minister of Internal Affairs.

(8) (Former Par. 2, SG 85 /1998, Former Par. 6, SG 52/2004) Telephone conversations, as well as accepting and dispatching of telegrams for rendering help to an aircraft which has suffered an accident shall be performed with priority and at the expense of the Civil Aviation Administration.

Article 142.

(Amended, SG 85 /1998, 52/2004)

(1) The investigation shall be a process carried out with the goal of preventing aviation accidents, which shall include collection and analysis of information, preparation of conclusions, including establishing of the causes, and elaboration of recommendations for securing the safety of aviation.

(2) The investigation of an aviation accident on the territory of Republic of Bulgaria shall be performed by a commission appointed with an order of the Minister of Transport and Communications.

(3) The work of the commission shall be coordinated by the specialized unit under Art. 16f.

(4) (Amended, SG, 34/2001) The terms and procedures for organizing and performing the investigation of aviation accidents and serious incidents shall be determined with an order of the Minister of Transport and Communications.

(5) Upon an aviation accident emerging in air space outside of the jurisdiction of the Republic of Bulgaria, with an aircraft entered in the register of the Republic of Bulgaria, the Minister of Transport and Communications shall appoint one or more authorized representatives for participation in the investigation in the country of the place of the event.

(6) The establishing and the degree of guilt or responsibility shall not be a subject of the investigation activity.

Chapter Thirteen

ADMINISTRATIVE PUNITIVE RULES

Article 143.

(Amended, SG, 85 /1998)

(1) A fine at the rate of BGL from 3000,- to 10000,- is imposed on anybody, who:

1. permits a flight or alone performs a flight with an aircraft which is technically out of order;

2. permits a flight or alone performs a flight with an aircraft which, has not been registered or has no certificate of airworthiness;

3. (Amended, SG 52/2004) operates or participates in the operation, service, securing of an aircraft, or in the service of passengers without possessing a competence license, as well as the one, who orders or allows this;

4. (Amended, SG 52/2004) allows, operates or participates in the operation, service, securing of an aircraft, or in the service of passengers after having consumed alcohol or other narcotic;

5. provides services or participates in the service of flights after having consumed alcohol or other narcotic;

6. performs a flight or permits a flight to be performed with improper fuel or lubricants;

7. orders landing or performs landing alone at an unsuitable airport, not being forced to do so;

8. violates or orders the requirements of the sanitary norms for rest of the licensed personnel to be violated;

9. performs, orders or admits flight with an aircraft under conditions not corresponding to its operational specifications;

10. propagates false information related to the provision of flights.

11. (New, SG 52/2004) does not comply with written directions or orders of the competent authorities under this act;

12. (New, SG 52/2004) does not provide access in equal conditions on an aircraft which has received a permission for performance of a flight;

13. (New, SG 52/2004) refuses to accept and service an aircraft undergoing a disaster or a state aircraft;

14. (New, SG 52/2004) performs an activity in violation of Art. 6.

(2) Regardless of the imposed fine the transgressor is deprived of the right to excercise the respective profession or aviation activity in the cases per p. 1, 4, 5 and 9 for a period of one to three years, and in the remaining cases - for up to one year.

(3) A property sanction of 2000 to 10 000 BGN shall be imposed to:

1.    airport operators, ground hanging operators, air navigation services providers and air operators who do not present their security, quantity control and training programs, as well as their plans for unlawful interference, for approval by the Directorate General Civil Aviation Administration within the term specified by the security inspectors;

2.    air operators who without approval by the Directorate General Civil Aviation Administration install and operate systems for physical protection, video surveillance, access control and technical means for detecting prohibited items and substances;

3.    airport operators, ground hanging operators, air navigation services providers and air operators who fail to implement the measures planned in its security program;

4.    airport operators, ground hanging operators, air navigation services providers and air operators who fail to present an action plan for correcting any findings following inspections;

5.    airport operators who allow or permit unauthorised access to motor vehicles in the security areas of an airport;

6.    airport operators who allow in the security restricted areas staff and carried items without any screening being performed.

(4)   A fine of 500 to 2000 BGN shall be charged to:

1.    employees of airport operators, ground hanging operators, air navigation services providers and air operators who fail to fulfill or allow the fulfillment of job duties by persons not having the required qualification or training acquired at aviation security training centers certified by the Directorate General Civil Aviation Administration;

2.    who do not display in the security areas a valid pass or do not comply with the requirements for escorted access;

3.    who stay or attempt an unauthorised access to security areas without having the right to do so;

4.    who fail to notify the airport authorities and the Directorate General Civil Aviation Administration about a loss, theft or destruction of a pass / ID card or do not return it upon expiration of its validity;

5.    who violate the security procedures and rules of an air operator during flight.

(5) (Effective as of 26.07.2008) A property sanction of 2000 to 10 000 BGN shall be imposed to:

1.    any air carrier their its agent who denies transportation to a disabled person or to a person with reduced mobility because of their disability or reduced mobility, if the grounds for denying transportation to such persons provided for in art. 4, par. 3 of Regulation (EC) No 1107/2006 are not present;

2.    any air carrier their its agent who does not provide freely in accessible form the information referred to in art. 4, par. 3 of Regulation (EC) No 1107/2006;

3.    any air carrier their its agent who fails to fulfill its obligation referred to in art. 4, par. 4 of Regulation (EC) No 1107/2006;

4.    any airport operator who fails to mark the locations specified in art. 5 of Regulation (EC) No 1107/2006 or does not provide information about those locations in accessible form for disabled persons or persons with reduced mobility;

5.    any air carrier or its agent who fails to provide information to an airport operator about the need to provide assistance to a disabled person or to a person with reduced mobility, in accordance with art. 6 of Regulation (EC) No 1107/2006;

6.    any airport operator who fails to provide assistance to a disabled person or to a person with reduced mobility, in accordance with art. 7 of Regulation (EC) No 1107/2006;

7.    any air carrier or airport operator who asks for additional remuneration from a disabled person or to a person with reduced mobility for any provided assistance;

8.    any airport operator who fails to fulfill its obligation referred to in art. 9 of Regulation (EC) No 1107/2006 to establish quality standards for the assistance specified in Appendix I of Regulation (EC) No 1107/2006;

9.    any airport operator or air carrier who fails to fulfill its obligation referred to in art. 11 of Regulation (EC) No 1107/2006.

Article 144.

(Amended - SG, 85 /1998)

A fine at the rate of BGL from 1000,- to 10000,- is imposed on anybody, who:

1. admits an airport or airfield to be used prior to their registration;

2. does not keep the term for registration and deletion of the aircraft in and from the register of the Civil Aviation Administration;

3. orders or admits change of the aircraft to be done or equipment to be used without the sanction of the Civil Aviation Administration;

4. orders or performs a flight with a crew  of not full strength;

5. breaks the rules of flights;

6. does not fulfil the requirements of the manufacturer and the prescriptions of the competent bodies for maintenance of the aircraft airworthiness;

7. (Amended, SG 52/2004) violates the traffic rules on the territory of an airport;

8. through his conduct or activity violates the safety of flights or endangers the life of people;

9. hides an information about an event or circumstance related to an aircraft, thus creating conditions for deterioration of the safety of flights;

10. does not follow a prescription  of the Civil Aviation Administration under Article 47, paragraph 3 for removal of obstructions, concerning the provision of flight safety.

11. performs a flight not carrying on board of the aircraft the papers stated in Article 30 and in other normative acts;

12. orders Transport by air or other aviation service to be performed against consideration, for which he has not been authorised;

13. operates installations, buildings, machines or equipment which do not meet the requirement for safety labour.

Article 145.

(Amended - SG, 85 /1998)

A person who does not follow the established order, in the aircraft or at the airport, is fined with  BGL from 50,- to 200,-.

Article 146.

(Amended - SG, 85 /1998)

In the event of second violation within one year from the coming into force of the punitive decision for the first violation, the fine under Articles 143 and 144 is from BGL 4000,- upto13 000,-.

Article 147.

(1) (Former text of Article 147, Amended, SG, 85 /1998) For infringements of this Act, of the rules and regulations concerning its application, for which has not been provided other punishment a fine will be imposed to the guilty persons at the rate of BGL from 100,- to 500,-.

(2) (New, SG 85 /1998) A head or other official who orders or deliberately admits his subordinate to commit violation under this Act is punished with the penalty provided for the committed infringement.

Article 147a

(New, SG 52/2004; Amended, SG 66/2008))

       When the violation under Art. 143, par. 1, art. 144, 145, 146 and 147, Par. 1 has been performed by a legal entity, a property sanction amounting to the penalty for the respective violation shall be enforced.

Article 148.

(1) (Supplemented - SG, 85 /1998, Amended, SG, 34/2001; Amended, SG 66/2008) The violations are ascertained with deeds, worked out by officials appointed by the Director General of the Directorate General Civil Aviation Administration, and in the cases under Article 145, should the violation had been performed on board of the aircraft - by the commander of the aircraft.

(2) (Amended - SG, 85 /1998, Amended, SG 34/2001; Amended, SG 66/2008) On the grounds of the drawn up deeds the Director General of the Directorate General Civil Aviation Administration or appointed by him official issues punitive decisions.

(3) (Rescinded, SG 85 /1998)

Article 149.

The drawing up of deeds and the issuance of punitive decisions for administrative violations under this Article as well as their appeal and execution is carried out under the terms and procedures of the Administrative violations and punishments Act.

ADDITIONAL PROVISIONS

(Previous title "Special Orders" SG, 85 /1998)

§ 1.

(Preceeding Article 150, Amended, SG, 85 /1998, Amended, SG, 34/2001)

The aviation inspectors and the officers of the Civil Aviation Administration upon fulfilment of their official duties fly free of charge with all Bulgarian aircraft under terms and procedures stipulated by the Minister of Transport and Communications.

§ 2.

(Amended, SG, 30/1990, preceeding Article 151, 85 /1998)

Entitled to free of charge and at reduced prices non business flights with Bulgarian aircraft is the aviation staff under the terms, defined in the Structural Rules or the Articles of Association of the company or the organisation, performing aviation activities in the sense of this Act.

§ 3.

(Preceeding Article 152а, SG, 85 /1998)

In the sense of this Act:

1. (Abolished, SG 52/2004)

2. (Amended, SG 52/2004) An "Aviation Accident" is an event connected with the use of an aircraft, which has emerged at the moment of boarding of a person intending to perform a flight, to the moment  when all persons onboard have left the aircraft, and during which:

a) a death or a major or minor injury has occurred as a result of being aboard the aircraft; direct contact with any part of the aircraft, including any part detached from it; direct effect of a jet stream from the engines, with the exception of the cases when the death or injury has occurred as a result of a natural cause or a self injury, or an injury by other persons, or when the injuries have been caused to passengers without a ticket, who have hidden at places which normally are not used by the crew or passengers;

b) an aircraft has received a failure or a structural damage upon which a damage of the structural strength has occurred, or a deterioration of the technical or flight characteristics of the aircraft, which usually requires a repair or a replacement of the damaged elements, with the exception of the cases of failure or damage of an engine when only the engine has been damaged, its streamliners or accessory units, or only the pneumatic screws, wing edges, antennae, tires, break devices, streamliners have been damaged, or when there are minor recesses or holes on the casing;

c) the aircraft has vanished without a trace or the access to it is impossible.

3. "Safety of flights " is a characteristic of the aviation system for providing freely carrying out and execution of flights, preserving the life and health of the participants in them, as well as the integrity of cargo and of the aircraft.

4. "Aviation" is the traffic of aircraft, as well as any activity and action of persons, related to providing its security in air and aground.

5. "Aircraft" is every plane, which could get support in the atmosphere for the account of the reaction of air, except for the reaction of the air from the land surface

6. "Aviation service" is a service performed with an aircraft against consideration.

7. "Air Traffic" means all aircraft in flight or moving over the maneouver area of the airport.

8. "Government flight " is non-commercial flight, carried out with state aircraft.

9. "State aircraft " is an aircraft, used for military, police or customs flights, regardless of its nationality.

10. (Amended, SG 52/2004) "Aviation Inspector" is a person appointed by the Director of the Civil Aviation Administration, having the right to control the observance of this Act and the normative acts issued on its basis, and to issue obligatory directions and acts for the establishment of violations.

11. "Airport check point" is a conditioned point determining the geographic location of the airport.

12. "Airworthiness of the aircraft" is a complex characteristic of the aircraft, defined by the designers, and the realized principles in the construction and flying qualities, making possible the performance of safe flight in the estimated conditions and with established methods of operation.

13. (Amended, SG 52/2004) "Airport" is a specified part of the land or water surface (inclusive of all buildings, installations and equipment), intended fully or partially for landing, takeoff and movement of aircraft over this surface, and for service of their passengers, cargo and mail.

14. "Airfield" is a specific part from an installation, land or water surface, destined for rake-off and landing of aircraft.

15. "Airport Administration" is a service for administration of the airport for public use.

16. (Amended, SG, 34/2001, enforced January 1, 2001, SG 52/2004; Amended, SG 66/2008) "Airport Operator" is a privately owned company with state property or a businessman, who had received a concession under the terms and procedures of the Concession Law, as well as a businessman who uses the civil airports under Art. 43, Par. 2, Items 2 and 3 of it, as well as a business using a public civil airport which is not public state property.

17. "International flight " is every flight, in which the place of departure, the intermediate landing, if any, or of destination is situated on the territory of two or more countries.

18. "Ground service" are activities, performed in the guarded borders of the airport, connected with the pre-flight or after-flight service of the aircraft.

19. "Controlled airspace " is an airspace with defined dimensions, in whose borders specific types of flights could be performed, for which are specified particular types of air traffic control and flight rules. In the structure of the controlled airspace of Republic of Bulgaria is included also the authorised airspace per international contracts.

20. "Guided borders" are the areas surrounded by the perimetric fence of the airport for public use.

21. (Abolished, SG 52/2004)

22. (Amended, SG, 34/2001, enforced January 1, 2001, Abolished, SG 52/2004)

23. "Obstacles" are all immobile (temporary or permanent) and mobile objects or parts of them, situated in the zone designed for descent of aircraft on land, or which exceed a specific surface designed to provide the safety of the aircraft in flight.

24. (Amended, SG 52/2004) An "Air Carrier License" is an individual administrative act which gives to the air carrier the right to perform commercial air transportation.

25. "Certificate of airline operator" is a document confirming, that the operator possesses the professional competence and organisation for providing of safe work of the aircraft for the aviation activities specified in the certificate.

26. "Security" is an element of safety, which characterises the state of defence of the civil aviation from acts of illegal intervention.

27. "Standard" is each requirement to physical characteristics, configuration, material, condition, personnel or procedures, whose uniform application is recognised as necessary for providing the safety or regularity of aviation.

28. "Facilities for take-off and landing " is general term for designation of the track, rolling paths, platform, as well as the air navigation aid on the airport.

29. "Sports and training aircraft" are the aircraft, designated for sports or training purposes.

30. "National mark" is the combination of letter and numeric-letter symbols, which is unique for any country - member of ICAO.

31. "Distinctive nationality and registration mark " is the combination of letter or numeric-letter symbols, which is unique for any country - member of ICAO.

32. (New, SG 34/2001, enforced January 1, 2001) "Road fees" are fees orientated to expenses, fixed in compliance with the requirements of the International Civil Aviation Convention and of the International Convention of European control for collaboration for aviation safety dated December 13,1960, amended with minutes dated February 12, 1981, which cover the expenses for operation of the air navigation installations for air navigation and landing and the expenses for air navigation service of aircraft during flights in the airspace of Republic of Bulgaria.

33. (New, SG 52/2004) A "commercial air transportation" is a flight of an aircraft for the performance of a transportation through the air, of passengers, cargo and/or mail for payment.

34. (New, SG 52/2004) A "serious incident" is an incident in which the circumstances shaw that an aviation accident has almost occurred. The difference between an accident and a serious incident is that in the serious incident the consequences of an aviation accident have been avoided or have not occurred.

35. (New, SG 52/2004; Amended, SG 37/2006) An "incident" is every event which is not an aviation accident and is connected with the use of an aircraft, which influences or could influence aviation safety.

36. (New, SG 52/2004) "Airport fees" are fees determined in accordance with the principles of the International Civil Aviation Convention, which cover the expenses for the creation of the necessary conditions and standards providing the safe and secure landing and parking of aircraft, as well as the expenses for the service and security of passengers commencing their trip from the airport.

37. (New, SG 52/2004) "Self service" at an airport for public use is present when an airline operator provides himself with one of more of the ground service activities under Art. 48e, Par. 3 by himself or through a ground service operator hired by him for the needs of the airline operator, without providing of services to third parties by the hired operator being admissible. The airline operators shall not consider each other as third parties when one of them owns the bigger part of the stock of the other or the owner of the bigger part of the stock of each of the airline operators is one and the same.

38. (New, SG 52/2004) A "dry lease" is a contract pursuant to which the lessor (airline operator or a person) leases out an aircraft without a crew to another airline operator (leaseholder), and the aircraft is being operated under the terms of the airline operator certificate or of another equivalent document of the leaseholder, under his commercial control and in accordance with his commercial rights.

39. (New, SG 52/2004) A "wet lease" is a contract pursuant to which the lessor (airline operator) leases out an aircraft with a crew of another airline operator or a person (leaseholder), and the aircraft is being operated under the terms of the airline operator certificate or of another equivalent document of the lessor, under the commercial control and in accordance with the commercial rights of the leaseholder.

40. (New, SG 52/2004; Amended, SG 37/2006) An entity is "financially stable" when as a result of an analysis and evaluation of the presented balance sheet, income and expenses report and cash flow report, certified by a registered auditor, it is established that the entity is at good financial status, it is solvent and can provide the necessary funds for ensuring flight safety.

41. (New, SG 52/2004) A"control in the meaning of Art. 48e, Par. 6 and Art. 48g, Par. 1" is present when an entity:

a) owns, including through a subsidiary or pursuant to an agreement with another party, more than the half plus one of the number of votes in the general meeting of the company, or

b) may determine directly or indirectly more than the half of the members of the managing authority of the company, or

c) may otherwise exercise a decisive influence on the making of decisions connected with the activity of the company.

42. (New, SG 52/2004) A"consumer of a ground service activity" is every entity which customarily performs transportation of passengers, mail and/or cargo through the air from and to the respective airport.

43. (New, SG 52/2004) "Air traffic service" is a common term which in the concrete case denotes flight information service, emergency announcement service, air traffic consultation service, air traffic control - region control, approach control, airport traffic control.

44. (New, SG 52/2004) "Air traffic control" is an aggregate of onboard and land functions (air traffic service, airspace management and air traffic stream management ) for provision of safety and effectiveness of aircraft movement in every stage of the flight.

45. (New, SG 37/2006) "Airspace control" is a planning activity for the purpose of maximum utilization of available airspace through the dynamic allocation of its separation in time and in particular moments among the various user categories based on their short-term needs.

46. (New, SG 37/2006) "Air traffic control" is an activity ensuring safe, orderly and efficient air traffic while at the same time ensuring the maximum capacity utilization possible and ensuring correspondence of the number of aircraft with the capacities indicated by the persons performing air navigation services.

47. (New, SG 37/2006) "Airspace users" are all aircraft performing general air traffic flights.

48. (New, SG 37/2006) "Air navigation services" are air traffic services including communication, navigation and surveillance services, air navigational meteorological services and air navigational information services.

49. (New, SG 37/2006) "Communication services" are stationary and mobile air navigation services for the performance of earth-to-earth, air-to-earth and air-to-air communication for the purposes of air traffic control.

50. (New, SG 37/2006) "Navigation services" are equipment and services providing aircraft with information about their location and about astronomical time.

51. (New, SG 37/2006) "Surveillance services" are services, equipment and information for determining the positions of aircraft for ensuring safe separation.

52. (New, SG 37/2006) "Meteorological services" are equipment and services providing aircraft with meteorological forecasts, brief reports and observations, as well as other meteorological information and data provided by the countries for air navigation use.

53. (New, SG 37/2006) "Air navigational information services" is the provision, in a particular coverage area, of air navigational information and data necessary for the safety, timeliness and effectiveness of aviation.

54. (New, SG 37/2006) "General air traffic" is civil and state aircraft traffic performed in accordance with the procedures of ICAO.

55. (New, SG 37/2006) "Controlled civil airspace" is airspace which does not include the prohibited areas, the active dangerous areas, the active limited areas, the temporarily reserved airspace in the regions and areas of military airports in the cases when air traffic operations are being performed.

56. (New, SG 37/2006) "Operating data" is information about all flight stages regarding which operating decisions must be made by the person providing air navigation services, the airspace users, the airport operators and other participating parties.

58.  (New, SG 66/2008) "Act of unlawful interference" means threatened, attempted or actual acts directed against the security of civil aviation.

§ 4. (New, SG, 85 /1998, Enacted on 1 Jan 1998, Supplemented, SG 12/2000, Amended, SG 52/2004) No VAT, excise duty, fees and customs duties upon the import of goods and upon taxable deliveries on the territory of the country, realized for the performance of projects, related to civil aviation, financed directly from free aid and/or with loans from international finance institutions, when warrantor for the loan is the Republic of Bulgaria are due, as well as when the value of the VAT, excise duty, fees and customs duties upon the import of goods and upon deliveries on the territory of the country, realized for the accomplishment of projects, related to civil aviation, is recognized by the respective financing organization as co-financing on the part of the Republic of Bulgaria. 

TRANSITIONAL AND FINAL PROVISIONS

§ 5.

(Preceeding Article 152, SG, 85 /1998)

For the events not provided for in this Act and the international agreements to which Republic of Bulgaria is a signatory, are applied the provisions of the respective Bulgarian acts.

§ 6.

(Preceding Article 153, Amended, SG, 85 /1998)

(1) (Amended, SG, 34/2001) For the implementation of this act and of the ratified international contracts in the field of the civil aviation the Minister of Transport and Communications issues rules and instructions.

(2) The rules, norms and standards under this act should be in compliance with the respective requirements of the International Civil Aviation Organisation and of the European Union.

(3) (Abolished, SG 10/2007)

§ 7.

(Preceeding Article 154, SG, 85 /1998, Amended, SG, 34/2001)

(1) This Act rescinds the Civil Aviation Act, promulgated in State Gazette, issue 1 dated January 4, 1963, and the Articles of association of the air traffic in Republic of Bulgaria, promulgated in "Izvestia", issue 93 dated November 18, 1960. The execution of this Act is assigned to the Minister of Transport and Communications. 

This act had been approved by the XXXVIII National Assembly on July 10th 1998 and bears the official stamp of the National Assembly.

TRANSITIONAL PROVISION

TO THE ACT FOR AMENDMENTS AND SUPPLEMETS TO THE CIVIL AVIATION ACT (PROMULGATED, SG, 16/1967)

§ 3.

The funds accrued per non-budget income/expenses account non budget account for income and expenses, established with Decree No. 44 of the Council of Ministers of 1991 (promulgated in SG, 23/1991; Amended, SG 26/91; Amended and Supplemented, SG, 45 and 70/1991, SG, 40, 43, 47 and 51/1992, SG, 5, 96 and 104/1993, SG, 2, 6, 24 and 33/1995, SG, 108/1996 г.), and per the fund " Development of the system for air traffic control ", established with Decree 102 of the Council of Ministers of 1992 (SG, 51/1992 г.), are transferred per the Fund " Development of the system for air traffic control ". 

TRANSITIONAL AND FINAL PROVISIONS

TO THE ACT FOR AMMENDMENTS AND SUPPLEMETS TO THE CIVIL AVIATION ACT ( SG, 85/1998)

§ 89.

In the whole text of this Act the words "People's Republic of Bulgaria" are substituted by "Republic of Bulgaria"; the words "удостоверение of airworthiness" are substituted by "certificate of airworthiness"; the words "The state aviation inspection" are substituted by "The civil aviation inspection"; the word "entry" is replaced with "registration"and the words "Chief Administration "Ръководство въздушно Движение" are replaced with "Air Traffic Control".

§ 90.

(1)        The airports - which are state property, are taken out from the property of the trade companies with state property from the moment of coming into force of this Act.

(2)        The Minister of Transport, executing the property rights of the state in the companies under paragraph 1, within 6 months from the coming into force of this Act undertakes measures for the reduction of their capital

(3)        The installations and facilities under paragraph 1are used by the trade companies in compliance with the Concession Act.

FINAL PROVISIONS

to the Act for Amendments and Supplements to the Civil Aviation Act

(SG 52/2004)

§62

Everywhere in the act, the words:

1. ...

2. "Minister of Agriculture, Forestry and Agrarian Reform" shall be replaced with "Minister of Agriculture and Forestry".

Transitional Provisions

TO THE ACT FOR AMENDMENTS AND SUPPLEMENTS TO THE CIVIL AVIATION ACT

(Promulgated, SG 37/12006)

§ 16. The provisions of § 4 (regarding art 16c, par. 4-6) shall be enacted on the date of enactment of the contract for accession of the Republic of Bulgaria to the European Union.

TRANSITIONAL AND CONCLUSIVE PROVISIONS

To the Act Amending and Supplementing the Civil Aviation Act

(Promulgated, SG 10/2007; Effective as of 30.01.2007)

§ 15. (Effective as of 28.03.2007) (1) The Director General of the Directorate General "Civil Aviation Administration" shall invalidate with an order:

1. all airworthiness certificates issued to aircraft for which no type certificate or equivalent document has been issued or recognized by the European Aviation Safety Agency (EASA), if such certificates are required for the aircraft;

2. all maintenance and overhaul licenses issued for aircraft included in the civil aircraft register of the Republic of Bulgaria and operated by Bulgarian air operators, for which no type certificate or equivalent document has been issued or recognized by the European Aviation Safety Agency (EASA), if such certificates are required for the aircraft;

3. all air operator licenses issued to operators which operate only aircraft for which no type certificate or equivalent document has been issued or recognized by the European Aviation Safety Agency (EASA), if such certificates are required for the aircraft;

(2) The order under par. 1 shall be promulgated in the State Gazette.

(3) Following application submission, the Director General of the Directorate General "Civil Aviation Administration" shall issue:

1. airworthiness certificates to aircraft for which a type certificate has been issued or recognized by the European Aviation Safety Agency (EASA), if such certificates are required for the aircraft;

2. maintenance and overhaul licenses for aircraft included in the civil aircraft register of the Republic of Bulgaria, for which a type certificate has been issued or recognized by the European Aviation Safety Agency (EASA), if such certificates are required for the aircraft;

3. air operator licenses to operators which operate only aircraft for which a type certificate has been issued or recognized by the European Aviation Safety Agency (EASA), if such certificates are required for the aircraft;

(4) The Director General of the Directorate General "Civil Aviation Administration" shall promulgate in the State Gazette a list of all certificates and licenses under par. 3.

§ 16. The Act shall become effective on the day of its promulgation in the State Gazette except for § 15 which shall become effective on  28 March 2007.

TRANSITIONAL AND CONCLUSIVE PROVISIONS

To the Act Amending and Supplementing the Civil Aviation Act

(Promulgated, SG 66/2008; Effective as of 25.07.2008)

§ 33. (1) Within 6 months of the effective date of this act, when the conditions for that are present, the Director General of the Directorate General Civil Aviation Administration shall issue an ordinance defining the number of  operators performing ground handling services for third parties and providing one or more of the services referred to in art. 48e, par. 5.

(2) The Director General of the Directorate General Civil Aviation Administration shall hold a competition for acces to the ground handling market, for the services referred to in art. 48e, par. 5, in accordance with the ordinance referred to in par. 1, after expiration of the term of any effective contracts between the relevant public civil airport and the ground handling operators who have received access to the market before the imposition of limitations but not more than three years.

§ 34. Any administrative proceedings which have started before the effective date of the Act shall be continued according to the current procedures.

.......................................................................

§ 36. The Act shall become effective on the day of its promulgation in the State Gazette, except that:

1. paragraph 1 shall become effective on 16 July 2008;

2. paragraph 2 regarding art. 16b, item 4а, § 21, 25 and 28 regarding art. 143, par. 5 and § 35 shall become effective on 26 July 2008.