Transcript Department`s Presentation

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.
• 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 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:
– 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
• 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 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.
• 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.
• 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 www.cad.gov.rs – the page
dedicated to regulations.
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).
FORTHCOMING ACTIVITIES
• the development of draft regulations for the implementation of Air Transport
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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 1st transitional period and the adoption of
regulations foreseen for the 2nd 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;
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;
other tasks within the Department’s competences.
Thank you for your attention!