Aviation Regulations Department Belgrade, 12 July 2010.

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Presentation transcript:

Aviation Regulations Department Belgrade, 12 July 2010

Aviation Regulations Department is an organizational unit within the International Relations and Aviation-Legal Regulations Division, in accordance with the Regulation on Organization and Job Classification in the Civil Aviation Directorate of the Republic of Serbia. Aviation Regulations Department is an organizational unit within the International Relations and Aviation-Legal Regulations Division, in accordance with the Regulation on Organization and Job Classification in the Civil Aviation Directorate of the Republic of Serbia. The activities of Aviation Regulations Department represent the backbone of the regulatory activities of the Civil Aviation Directorate of the Republic of Serbia which is, alongside with the oversight in civil aviation, the main function of Serbian Civil Aviation Authority. The activities of Aviation Regulations Department represent the backbone of the regulatory activities of the Civil Aviation Directorate of the Republic of Serbia which is, alongside with the oversight in civil aviation, the main function of Serbian Civil Aviation Authority.

The primary tasks of Aviation Regulations Department are : The primary tasks of Aviation Regulations Department are : – –the development of draft civil aviation regulations in accordance with – –the legislative requirements of the Republic of Serbia, – –international commitments assumed and – –the needs of national aviation industry ; – –the issue of expert opinions on subjects within the competences of the Directorate and with regards to national and international aviation legislation; – –the observation of the development of international air law and –the analysis of implications and effects of the implementation of up-to-date regulatory solutions in the context of the aviation system of the Republic of Serbia and with the aim of ensuring an optimal legal framework for its further development.

On the basis of the Regulation on Organization and Job Classification in the Civil Aviation Directorate of the Republic of Serbia, Aviation Regulations Department is foreseen to comprise 6 employees. Currently, the tasks related to aviation regulations are performed by 4 employees, 3 lawyers and one translator.

COMPETENCES Aviation Regulations Department performs the following tasks: Aviation Regulations Department performs the following tasks: –initiatives and development of draft acts the enforcement of which is within the competences of the National Assembly of the Republic of Serbia and the Government of the Republic of Serbia (draft laws, regulations, decisions, programs, projects etc.) and communication of these acts to the Ministry of Infrastructure of the Republic of Serbia - the official proponent;

–the development of draft bylaws the enactment of which is within the competences of either the Council of the Civil Aviation Directorate or the CAD Director General (regulations, orders and directives), comprising: - the regulations for the implementation of Air Transport Law; - the regulations for the enforcement of regulatory commitments stemming from international agreements (particularly important in the context of the ECAA Agreement) ; - the regulations for the implementation of requirements, standards and recommendations of international and European aviation organizations the member of which is the Republic of Serbia.

–the enactment of internal rules in the Directorate; –the issuance of opinions, from the perspective and within the competences of the Directorate, on draft regulations communicated to the Ministry of Infrastructure by various bodies and organizations; –the issuance of opinions on implications and effects of the implementation of up-to-date regulatory tools in the context of the aviation system of the Republic of Serbia; –the observation of European and international instruments governing civil aviation and the activities in the domain of the development of international air law.

METHODOLOGY METHODOLOGY The development of regulations is a highly complex and long lasting process. The development of regulations is a highly complex and long lasting process. It requires a multidisciplinary cooperation of the employees in the Directorate, as well as cooperation with stakeholders and, primarily, aviation industry. It requires a multidisciplinary cooperation of the employees in the Directorate, as well as cooperation with stakeholders and, primarily, aviation industry. It comprises legal formulation of material aspects in the domain of aviation which prerequisites unification of expert knowledge in a particular area, understanding of legal system and nomotechnique- technique of developing a legal norm. It comprises legal formulation of material aspects in the domain of aviation which prerequisites unification of expert knowledge in a particular area, understanding of legal system and nomotechnique- technique of developing a legal norm.

THE DEVELOPMENT OF DRAFT LAWS Bearing in mind that the Civil Aviation Directorate of the Republic of Serbia is not the authorized proponent of laws, Aviation Regulations Department participates, on behalf of the Directorate, in the preparation of draft laws and communicates them to the authorized proponents. Bearing in mind that the Civil Aviation Directorate of the Republic of Serbia is not the authorized proponent of laws, Aviation Regulations Department participates, on behalf of the Directorate, in the preparation of draft laws and communicates them to the authorized proponents. Since the establishment of the Directorate, Aviation Regulations Department prepared the Draft Law on the Ratification of Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention), the Draft Law on the Ratification of Agreement on certain aspects of air services (Horizontal Agreement), as well as the Draft Law on the Ratification of Multilateral Agreement on the Establishment of European Common Aviation Area (ЕСАА Agreement). Since the establishment of the Directorate, Aviation Regulations Department prepared the Draft Law on the Ratification of Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention), the Draft Law on the Ratification of Agreement on certain aspects of air services (Horizontal Agreement), as well as the Draft Law on the Ratification of Multilateral Agreement on the Establishment of European Common Aviation Area (ЕСАА Agreement).

BYLAWS Since the establishment of the Directorate, there has been promulgated a significant number of bylaws for the implementation of Air Transport Law, bylaws in the domain of civil aviation by means of which national legislation has been harmonized with Acquis communautaire, as well as the bylaws by means of which the standards of International Civil Aviation Organization (ICAO), EUROCONTROL and other prominent international organizations and institutions have been implemented. Since the establishment of the Directorate, there has been promulgated a significant number of bylaws for the implementation of Air Transport Law, bylaws in the domain of civil aviation by means of which national legislation has been harmonized with Acquis communautaire, as well as the bylaws by means of which the standards of International Civil Aviation Organization (ICAO), EUROCONTROL and other prominent international organizations and institutions have been implemented. Only in year 2009, in the context of the fulfillment of commitments assumed by the ECAA Agreement, there have been published 32 bylaws. In 2010 and up to now, there has been adopted 33 additional bylaws by means of which is primarily transposed Acquis communautaire in the domain of air transport. Only in year 2009, in the context of the fulfillment of commitments assumed by the ECAA Agreement, there have been published 32 bylaws. In 2010 and up to now, there has been adopted 33 additional bylaws by means of which is primarily transposed Acquis communautaire in the domain of air transport. The list of bylaws is available on website – the page dedicated to regulations. The list of bylaws is available on website – the page dedicated to regulations.

GOVERNMENT’S PROGRAMS AND PROJECTS GOVERNMENT’S PROGRAMS AND PROJECTS Aviation Regulations Department participates in the activities of the Civil Aviation Directorate related to the commitments stemming from programs and projects of the Government of the Republic of Serbia and, notably, National Programme for Integration with the European Union (NPI) and Comprehensive Regulatory Review (SRP). Aviation Regulations Department participates in the activities of the Civil Aviation Directorate related to the commitments stemming from programs and projects of the Government of the Republic of Serbia and, notably, National Programme for Integration with the European Union (NPI) and Comprehensive Regulatory Review (SRP).

FORTHCOMING ACTIVITIES FORTHCOMING ACTIVITIES the development of draft regulations for the implementation of Air Transport Law within the competences of the Civil Aviation Directorate (upon the adoption of the Law in the National Assembly); the development of draft regulations for the implementation of Air Transport Law within the competences of the Civil Aviation Directorate (upon the adoption of the Law in the National Assembly); the development of draft regulations for the fulfilment of commitments assumed by means of the ECAA Agreement (fulfilment of the requirements for the finalization of the 1 st transitional period and the adoption of regulations foreseen for the 2 nd transitional period); the development of draft regulations for the fulfilment of commitments assumed by means of the ECAA Agreement (fulfilment of the requirements for the finalization of the 1 st transitional period and the adoption of regulations foreseen for the 2 nd transitional period); the development of draft regulations for the transposition of standards and recommended practices contained in the Annexes to the Chicago Convention into the legal system of the Republic of Serbia; the development of draft regulations for the transposition of standards and recommended practices contained in the Annexes to the Chicago Convention into the legal system of the Republic of Serbia; Participation in international projects dealing with the transposition of Acquis communautaire into the legal system of the Republic of Serbia; Participation in international projects dealing with the transposition of Acquis communautaire into the legal system of the Republic of Serbia; translation of already adopted bylaws into English language and translation of Acquis communautaire in the domain of aviation into Serbian; translation of already adopted bylaws into English language and translation of Acquis communautaire in the domain of aviation into Serbian; other tasks within the Department’s competences. other tasks within the Department’s competences.

Thank you for your attention!