Docstoc

Air Code - Air Law

Document Sample
Air Code - Air Law Powered By Docstoc
					                                                                             DG ENLARGEMENT




         ASATC Work Package 2
       Legal and Institutional Issues
          DRAFT AIR CODE
              Albania




A
(1)
(2)
       viation Safety & Air Traffic Control
       Control
      A multi-country programme funded from the CARDS European Community assistance
                                                    i
DRAFT AIR CODE OF ALBANIA – 18.04.2007



Programme Title:
     Aviation Safety & Air Traffic Control (ASATC) Programme Phase II
     Work Package 2 – Legal and institutional issues

Beneficiary Organisation:

        Directorate of Civil Aviation of Albania

EUROCONTROL WP2 Team:

        Peter Tannhäuser             Work Package Manager    EUROCONTROL Legal
                                                             Service
        Nathalie Le Cam              Deputy Work Package     EUROCONTROL Legal
                                     Manager                 Service
        Professor Dr. Stephan Hobe   Director                Institute of Air and Space
                                                             Law Köln
        Wilhelm Stoffel, LL.M        Barrister & Solicitor
        Michael Chatzipanagiotis     Barrister & Solicitor
        Katharina Irmen              Research Associate
        Maximilian Schwab            Research Associate


Date:

        18.04.2007




                                             II
DRAFT AIR CODE OF ALBANIA – 18.04.2007




    EUROCONTROL WP2 Team: ...................................................................................... II
    Date:            II
    07.03.2007 II

Air Code .................................................................................. 1

  Part 1 General rules and Aviation Authorities........................................ 1

    Chapter 1 General rules ................................................................................................. 1
              Article 1        Sovereignty over airspace and free use of airspace .............................. 1
              Article 2        Scope of application ............................................................................. 1
              Article 3        Air traffic in the airspace of the Republic of Albania .......................... 2
              Article 4        Reference to international legislation ................................................... 2
              Article 5        Definitions ............................................................................................ 2
    Chapter 2 Aviation Authorities ..................................................................................... 4
              Article 6        Competent Authorities.......................................................................... 4
              Article 7        Minister in charge of transport ............................................................. 5
              Article 8        Civil Aviation Authority....................................................................... 5
              Article 9        Appeal against decisions ...................................................................... 6
    Chapter 3 Powe r to enact regulations........................................................................... 7
              Article 10         Power to enact regulations.................................................................. 7

  Part 2 Special Rules................................................................................. 8

    Chapter 1 Air carriers and Personnel .......................................................................... 8
       Section 1          Air Carrie rs............................................................................................... 8
              Article 11         Licensing of Air Carriers .................................................................... 8
          Subsection 1 Ope rating licence.............................................................................. 8
              Article 12         Requirements for obtaining an operating licence ............................... 8
              Article 13         Foreign air carriers ............................................................................. 9
              Article 14         Validity of the operating licence ........................................................ 9
          Subsection 2 Air Ope rator’s Certificate ............................................................. 10
              Article 15         Air Operator’s Certificate ................................................................. 10
          Subsection 3 Route licence and permission to operate scheduled air services 10
              Article 16         Route licence and permission to operate scheduled air services ...... 10
       Section 2          Aviation Pe rsonnel.................................................................................. 11
              Article 17         Licences for aviation personnel ........................................................ 11
              Article 18         Acceptance of foreign licences......................................................... 11
              Article 19         Validity of licences and ratings ........................................................ 11
    Chapter 2 Ope ration of Aircraft ................................................................................. 12

                                                                III
DRAFT AIR CODE OF ALBANIA – 18.04.2007

      Section 1        General rules ........................................................................................... 12
             Article 20       Registration of aircraft...................................................................... 12
             Article 21       Nationality mark and registration sign ............................................. 12
             Article 22       Removal of aircraft from the Civil Aircraft Register ....................... 12
             Article 23       Transfer of responsibility ................................................................. 13
             Article 24       Licensing and Certification of aircraft ............................................. 13
      Section 2        Special rules ............................................................................................ 13

         Subsection 1 Traffic licence ................................................................................. 13
             Article 25       Operation in Albanian airspace ........................................................ 13
             Article 26       Traffic licence................................................................................... 13
         Subsection 2 Type-certification ........................................................................... 14
             Article 27       Type-certificate................................................................................. 14
             Article 28       Restricted type-certificate................................................................. 14
         Subsection 3 Airworthiness ................................................................................. 14
             Article 29       Certificate of airworthiness .............................................................. 14
             Article 30       Restricted certificate of airworthiness .............................................. 15
             Article 31       Permit to fly ...................................................................................... 15
         Subsection 4 Maintenance ................................................................................... 15
             Article 32       Responsibility of the owner .............................................................. 15
             Article 33       Maintenance ..................................................................................... 15
             Article 34       Certificate of release to service ........................................................ 16
         Subsection 5 Airworthiness of third-country aircraft....................................... 16
             Article 35       Airworthiness of third-country aircraft ............................................ 16
             Article 36       Information on findings .................................................................... 16
             Article 37       Grounding ......................................................................................... 17
         Subsection 6 Crew and Pilot-in-Command ........................................................ 17
             Article 38       Flight and cabin crew ....................................................................... 17
             Article 39       Composition of flight crew............................................................... 17
             Article 40       Pilot- in-command ............................................................................. 18
         Subsection 7 Necessary docume ntation and minimum equipment list ........... 18
             Article 41       Necessary documentation ................................................................. 18
             Article 42       Minimum Equipment List ................................................................ 18
         Subsection 8 Transportation of dangerous goods ............................................. 18
             Article 43       Carriage of weapons and munitions of war ...................................... 18
             Article 44       Carriage of sporting weapons ........................................................... 19
             Article 45       Transportation of dangerous goods .................................................. 19
   Chapter 3 Aerodromes ................................................................................................. 19
      Section 1        General rules ........................................................................................... 19
             Article 46       Licensing of aerodromes .................................................................. 19
             Article 47       Aerodrome Services and Operations Manual ................................... 20
             Article 48       Certification of aerodromes .............................................................. 21
             Article 49       Aerodrome register ........................................................................... 21
                                                             IV
DRAFT AIR CODE OF ALBANIA – 18.04.2007

             Article 50       Preparatory works............................................................................. 21
      Section 2        Airports ................................................................................................... 22

         Subsection 1 General rules .................................................................................. 22
             Article 51       Definitions ........................................................................................ 22
             Article 52       Airport protective zones and construction restrictions ..................... 22
             Article 53       Interference with CNS installations.................................................. 22
             Article 54       Other aviation obstacles ................................................................... 23
             Article 55       Marking of aviation obstacles .......................................................... 23
             Article 56       Removal of aviation obstacles .......................................................... 23
             Article 57       Compensation ................................................................................... 23
             Article 58       Installations for noise measurements................................................ 24
         Subsection 2 Noise related operating restrictions ............................................. 24
             Article 59       Definitions ........................................................................................ 24
             Article 60       Competent authority ......................................................................... 25
             Article 61       Noise related operating restrictions .................................................. 25
             Article 62       Rules on assessment ......................................................................... 26
             Article 63       Rules on the introduction.................................................................. 26
             Article 64       Exemptions ....................................................................................... 27
         Subsection 3 Slot allocation ................................................................................. 27
             Article 65       Airport designation ........................................................................... 27
             Article 66       Allocation of slots............................................................................. 28
             Article 67       Airport coordinator and schedules facilitator ................................... 28
             Article 68       Coordination Committee .................................................................. 28
         Subsection 4 Groundhandling ............................................................................. 29
             Article 69       Free access to groundhandling market ............................................. 29
             Article 70       Self- handling and groundhandling for third parties ......................... 29
             Article 71       Exemptions ....................................................................................... 30
             Article 72       Requirements .................................................................................... 30
             Article 73       Separation of accounts...................................................................... 31
             Article 74       Selection of suppliers ....................................................................... 31
             Article 75       Airport Users’ Committee ................................................................ 31
             Article 76       Access to installations and use of infrastructure .............................. 31
             Article 77       Reciprocity ....................................................................................... 32
      Section 3        Airfields ................................................................................................... 32
             Article 78       Definitions ........................................................................................ 32
             Article 79       Regulation on airfields ..................................................................... 33
      Section 4        Gliding fields ........................................................................................... 33
             Article 80       Definitions ........................................................................................ 33
             Article 81       Regulation on gliding fields ............................................................. 33
   Chapter 4 Rules of the Air ........................................................................................... 33
             Article 82       Compliance with the rules of the air................................................. 33
             Article 83       Protection of persons and property ................................................... 33
             Article 84       Use of aerodromes ............................................................................ 34
   Chapter 5 Air Navigation Services.............................................................................. 34

                                                              V
DRAFT AIR CODE OF ALBANIA – 18.04.2007

     Section 1      General Provisions.................................................................................. 34
          Article 85       Provision of Air Navigation Services ............................................... 34
          Article 86       Air Navigation Services Providers ................................................... 34
          Article 87       Liability of the Air Navigation Services Provider............................ 35
     Section 2      Air Traffic Manage ment ........................................................................ 35
          Article 88       Provision of Air Traffic Management Services................................ 35
     Section 3      Communication, navigation and surveillance services ....................... 36
          Article 89       Provision of Communication, Navigation and Surveillance Services
                           36
     Section 4      Meteorological services .......................................................................... 36
          Article 90       Provision of Meteorological Services .............................................. 36
     Section 5      Aeronautical Information Service......................................................... 37
          Article 91       Provision of Aeronautical Information Service................................ 37
     Section 6      Charges for Air Navigation Services .................................................... 37
          Article 92       ANS Charges .................................................................................... 37
          Article 93       Charging principles .......................................................................... 38
          Article 94       Unit rates .......................................................................................... 38
   Chapter 6 Search and Rescue, Accident investigation and occurrence reporting . 38
     Section 1      Search and Rescue .................................................................................. 38
          Article 95       Search and Rescue Services ............................................................. 38
          Article 96       Cooperation with neighbouring states .............................................. 39
          Article 97       Costs ................................................................................................. 39
     Section 2      Accident Investigation ............................................................................ 39

       Subsection 1 Investigation ................................................................................... 39
          Article 98 Obligation to investigation ............................................................... 39
          Article 99 Objective of investigation................................................................. 40
          Article 100 Body of investigation ..................................................................... 40
          Article 101 Status .............................................................................................. 41
          Article 102 Investigation ................................................................................... 41
          Article 103 Powers of the investigator-in-charge ............................................. 41
          Article 104 Participation in the investigation .................................................... 42
       Subsection 2 Final report ..................................................................................... 43
          Article 105        Final report ..................................................................................... 43
          Article 106        Draft final report ............................................................................. 44
       Subsection 3 Report of data................................................................................. 44
          Article 107        Collection of data ........................................................................... 44
          Article 108        Dissemination of data ..................................................................... 44
       Subsection 4 Costs ................................................................................................ 45
          Article 109        Costs ............................................................................................... 45
     Section 2      Occurrence reporting ............................................................................. 45

                                                           VI
DRAFT AIR CODE OF ALBANIA – 18.04.2007

             Article 110         Mandatory reporting ....................................................................... 45
             Article 111         Voluntary Reporting ....................................................................... 46
   Chapter 7 Security ........................................................................................................ 46
             Article 112         Competent Authority ...................................................................... 46
      Section 1         General Security Measures.................................................................... 47
             Article 113         General Rights and Duties of the CAA .......................................... 47
             Article 114         National Civil Aviation Security Programme ................................ 47
             Article 115         National Civil Aviation Security Training Programme .................. 47
             Article 116         Aerodrome Security Programme .................................................... 48
             Article 117         Air Carrier Security Programme .................................................... 48
             Article 118         Background check of personnel ..................................................... 48
      Section 2         Security measures before flight ............................................................. 48
             Article 119         Security restricted areas.................................................................. 48
             Article 120         Measures relating to parked aircraft and aircraft in service ........... 49
          Subsection 1 Measures relating to passengers and their cabin baggage ......... 49
             Article 121 Screening and separation of passengers ......................................... 49
             Article 122 Measures relating to hold baggage, cargo, courier and express
             parcels, air carrier mail and material and equipment ........................................... 49
      Section 3         Security measures on board .................................................................. 49
             Article 123         Pilot- in-command ........................................................................... 50
             Article 124         Report of incidents ......................................................................... 50
      Section 4         Security Inspections................................................................................ 51
             Article 125         National Civil Aviation Security Quality Control Programme ...... 51
             Article 126         Objects of inspection ...................................................................... 51
             Article 127         Measures of Inspections ................................................................. 51
   Chapter 8 Liability and passenger rights ................................................................... 51
      Section 1         General rules ........................................................................................... 51
             Article 128         Conversion of monetary units ........................................................ 51
             Article 129         Jurisdiction ..................................................................................... 52
      Section 2         Liability for 3rd party damages ............................................................. 52
             Article 130         Liability of the aircraft operator ..................................................... 52
             Article 131         Exoneration..................................................................................... 53
             Article 132         Compensation in case of death ....................................................... 53
             Article 133         Compensation in case of bodily injury ........................................... 53
             Article 134         Amount of liability ......................................................................... 54
             Article 135         Compensation by periodical payment ............................................ 54
             Article 136         Limitation of action ........................................................................ 55
             Article 137         Disclosure duty ............................................................................... 55
             Article 138         Damage caused by more than one aircraft ..................................... 55
             Article 139         Liability based on other statutory provisions ................................. 55
      Section 3         Contractual liability ............................................................................... 55
             Article 140         Scope of Application ...................................................................... 55
             Article 141         Personal damages ........................................................................... 56
                                                             VII
DRAFT AIR CODE OF ALBANIA – 18.04.2007

           Article 142       Delay of transportation ................................................................... 56
           Article 143       Damage to baggage ........................................................................ 57
           Article 144       Liability based on other statutory provisions ................................. 58
           Article 145       Successive Carriage by Air ............................................................ 58
           Article 146       Carriage by air performed by a person other than the contracting
           carrier           58
           Article 147       Applicable provisions ..................................................................... 59
           Article 148       Limitation of actions....................................................................... 60
           Article 149       Mandatory application .................................................................... 60
     Section 4      Liability for military aircraft ................................................................ 60
           Article 150       Damages to 3rd Parties .................................................................... 60
           Article 151       Damage to passengers .................................................................... 60
     Section 5      Insurance ................................................................................................. 61
           Article 152       Mandatory Insurance ...................................................................... 61
     Section 6      Passenger Protection .............................................................................. 61
           Article 153       Denied boarding, of cancellation or long delay of flights .............. 61
           Article 154       Information on the identity of the operating carrier ....................... 62
           Article 155       Right to reimbursement or re-routing ............................................. 63
           Article 156       Applicability and definitions .......................................................... 63
   Chapter 9 Offences, Punishment and Fines ............................................................... 64
           Article 157       Punishment ..................................................................................... 64
           Article 158       Unlawful seizure of Aircraft........................................................... 64
           Article 159       Unlawful interference on board an aircraft .................................... 64
           Article 160       Unlawful Interference at aerodromes ............................................. 65
           Article 161       Report of Incidents ......................................................................... 65
           Article 162       Administrative offences.................................................................. 65




                                                         VIII
DRAFT AIR CODE OF ALBANIA – 18.04.2007


Air Code
Part 1            General rules and Aviation Authorities

Chapter 1 General rules

Article 1        Sovereignty over airspace and free use of airspace
1. The Republic of Albania has complete and exclusive sovereignty over the airspace above
its territory.
2. The use of the airspace is free, as long as it is not restric ted by Albanian national legislation
and international agreements applicable in the Republic of Albania.


Article 2        Scope of application
1. This Code only applies to civil aviation. It does not apply to military aviation unless
otherwise provided.
2. If not otherwise provided the provisions of this Code apply only to the operation of
        a) Civil aircraft registered in the Republic of Albania,
        b) Civil aircraft to which the Republic of Albania assumes responsibility as State of
        Registry according to Article 23,
        c) Civil aircraft registered in another State, but operated under Albanian operating
        licence pursuant to Article 13 paragraph 1 of this Code or pursuant to the provisions of
        the Multilateral Agreement on the Establishment o f a European Common Aviation
        Area of (date of signature),
even if operated outside the territory of the Republic of Albania, provided that their material
substance is not evidently contrary to such an application or public international law requires
the application of foreign legal provisions.
3. If foreign national law in accordance with international public law assumes extraterritorial
effects and refers to matters which are regulated by Article 1 paragraph 2 or which are
otherwise related to aviation, this law shall be applicable in Albanian territory only insofar as
it is not in contradiction with Albanian law.
4. International agreements binding on the Republic of Albania and in particular the
Multilateral Agreement on the Establishment of a European Common Aviation Area, shall
prevail the provisions of this Code.




                                                 1
DRAFT AIR CODE OF ALBANIA – 18.04.2007

Article 3       Air traffic in the airspace of the Republic of Albania
The following aircraft are entitled to use the airspace of the Republic of Albania in
accordance with the provisions of the present Code
       a) Aircraft registered in the Republic of Albania
       b) Military aircraft of the Republic of Albania
       c) Aircraft registered in a Member State of the EU or a State party to the Multilateral
       Agreement Establishing the European Common Aviation Area
        d) Aircraft registered in a State which is not party to the Multilateral Agreement on the
        basis of international agreements
        e) Aircraft that have been permitted to enter the airspace of the Republic of Albania
        pursuant to Article 25 paragraph 2 of the present Code.


Article 4       Reference to inte rnational legislation
If in this Code reference to international legislation is made, the respective international
legislation should/shall be applied in its most recent version which is in force for the Republic
of Albania.


Article 5       Definitions
Terms used in this Code shall bear the following meaning:


Aerodrome: A defined area on land or water (including any buildings, installations and
equipment) intended to be used either wholly or in part for the arrival, departure and
movement of aircraft
Aeronautical Information Publication (AIP): A publication issued by or with the authority of
the Republic of Albania and containing aeronautical information of a lasting character
essential to air navigation.
Air carrier: An air transport undertaking with a valid operating licence.
Air Navigation Services (ANS): A term including air traffic management (hereinafter referred
to as ATM), communication, navigation and surveillances systems (hereinafter referred to as
CNS), meteorological services for air navigation (hereinafter referred to as MET), and
aeronautical information services (hereinafter referred to as AIS).
Air Traffic Control (ATC) service: A service provided for the purpose of
              a) preventing collisions between aircraft and, in the manoeuvring area between
              aircraft and obstructions,


                                                2
DRAFT AIR CODE OF ALBANIA – 18.04.2007

             b) expediting and maintaining an orderly flow of air traffic. 1
Air Traffic Services: This term means the various flight informatio n services, alerting
             services, air traffic advisory services and ATC services (area, approach and
             aerodrome control services).
Aircraft: any machine that can derive support in the atmosphere from the reactions of the air
other than the reactions of the air against the earth’s surface. The term comprises
             gyroplanes
             dirigibles
             gliders
             aeroplanes
             free and captive balloons
             hang gliders
             parachutes
             flying models
             aerial sports equipment.
             Other devices which are dedicated to be used in the airspace provided that t hey
             are operated in an altitude higher than thirty meters above ground or sea level, are
             considered as aircraft under this Code.
Air Operator’s Certificate (AOC): A document issued to an undertaking or a group of
undertakings by the competent authority which affirms that the operator in question has the
professional ability and organization to secure the safe operation of aircraft for the aviation
activities specified in the certificate.
Aviation Security: combination of measures and human and natural resources intended to
safeguard civil aviation against acts of unlawful interference
Cabin crew member: A crew member who performs, in the interest of safety of passengers,
duties assigned by the operator or the pilot- in-command of the aircraft, but who shall not act
as a flight crew member
Chicago Convention: The Convention on Civil Aviation, signed at Chicago, on 7 December
1944.
ECAA: European Common Aviation Area as established by the Multilateral Agreement.
ECAA air carrier: An air carrier which is licensed as provided in the Multilateral Agreement
and its Annex 1.
EUROCONTROL: European Organisation for the Safety of Air Navigation.

1
        Annex 11.

                                                  3
DRAFT AIR CODE OF ALBANIA – 18.04.2007

Flight crew member: A licensed crew member charged with duties essential to the operation
of an aircraft during a flight duty period.
Foreign air carrier: An air carrier which is not licensed according to the provisions of the
Multilateral Agreement and its Annex 1.
ICAO: International Civil Aviation Organisation
Joint Committee : The body consisting of the Contracting Parties of the Multilateral
Agreement establishing the European Common Aviation Area as established under Article
18 of the said Agreement.
Limited operating licence: An authorization granted by the Republic of Albania to an
undertaking, permitting it to carry out local flights not involving carriage by air between
different airports, as stated in the operating licence, for remuneration and/ or hire.
MTOM: Maximum Take Off Mass, which corresponds to a certified amount specific to all
aircraft types, as stated in the certificate of airworthiness of the aircraft.
Multilateral Agreement: The Multilateral Agreement establishing the European Common
Aviation Area as signed on …. and the Annexes thereto.
Operating licence: An authorization granted by the competent authority to an undertaking,
permitting it to carry out carriage by air of passengers, mail and/ or cargo, as stated in the
operating licence, for remuneration and/ or hire.
Operator: A person, organisation or enterprise engaged in or offering to engage in an aircraft
operation.
Pilot- in-command: The pilot designated by the operator, or in the case of general aviation, the
owner, as being in command and charged with the safe conduct of a flight.
Slot: The permission given by a coordinator in accordance with the provisions of this Code to
use the full range of airport infrastructure necessary to operate an air service at a coordinated
airport on a specific date and time for the purpose of landing or take-off as allocated by a
coordinator in accordance with this Code.
State of Registry: The State on whose register the aircraft is entered.


Chapter 2 Aviation Authorities

Article 6     Competent Authorities2

2
      Alternatively the following text may be chosen:
       1. Un less otherwise provided under this Code, the following entities are fulfillin g authoritative
       functions under this Code
                 a) Min ister in charge of transport
                 b) Civil Aviat ion Authority, hereinafter referred to as CAA

                                                    4
DRAFT AIR CODE OF ALBANIA – 18.04.2007

1. Unless otherwise provided under this Code, the following entities are the competent
authorities under this Code
       a) Minister in charge of transport
       b) Civil Aviation Authority, hereinafter referred to as CAA
2. The following entities are fulfilling public functions under this Code
       a) Designated Air Navigation Services provider
       b) National Body of Accident Investigation
3. Paragraph 1 of this article shall be without prejudice to the authority of the Minister of
Defence with regard to military aviation.


Article 7     Minister in charge of transport
1. The Minister in charge of transport lays down the general political framework and has
supreme authority in civil aviation administration matters.
2. He is in particular responsible for:
       a) The overall implementation of the aviation policy of the Republic of Albania
       b) The negotiation and signature of bilateral and multilateral aviatio n agreements
       c) The representation of the Republic of Albania at international aviation organisations
       and in the framework of the Multilateral Agreement
3. In the exercise of these functions the Minister in charge of transport enacts secondary
legislation in accordance with Article 118 paragraph 2 of the Albanian Constitution.
4. In fulfilling these functions the Minister in charge of transport shall consult and seek advice
of the CAA and the designated air traffic services provider.


Article 8     Civil Aviation Authority
1. The CAA is a government agency. It shall have the status as a public undertaking. Its seat is
in Tirana. The Minister in charge of transport exercises supervisory authority over the CAA.
2. The CAA is presided by a Director General who shall be appointed by the Minister in
charge of transport. The Director General appoints the Directors and decides on the remaining
personnel of the CAA.




                c) Designated Air Navigation Services provider
                d) National Body of Accident Investigation
       2. Paragraph 1 shall be without prejudice to the authority of the Minister of Defence with regard to
       military aviation.


                                                    5
DRAFT AIR CODE OF ALBANIA – 18.04.2007

3. The CAA shall exercise the functions of the National Supervisory Authority as provided for
in Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March
2004 laying down the framework for the creation of the single European sky.
4. The CAA is in particular in charge of
       a) Licensing and certification of air carriers
       b) Licensing and certification of aircraft including the necessary inspections of
       technical and operational conditions of the aircraft
       c) Administration of the civil aircraft register and any other civil aviation register
       d) Licensing and ratings of pilots and flight crew members and other aviation
       personnel to be licensed under this Code including the licensing of flight instructors
       for these personnel
       e) Licensing of aviation inspectors
       f) Certification and licensing of aerodromes
       g) Collection of aviation personnel and aircraft news and its distribution
       h) Collection and analysis of reports and other documents on aviation technology,
       operation of aircraft and aviation personnel to the extent that this is of relevance for
       performing the functions under this Code;
       i) Auditing of the technical and operational conditions and economic fitness of
       aviation undertakings and aviation training facilities
       k) Designation, certification and supervision of the Air Navigation Services providers
       l) Organisation and use of airspace in cooperation with the military authorities
5. Additional functions in the field of aviation may be assigned to the CAA by regulation
enacted by the Minister in charge of transport.
6. The activities of the CAA are financed through revenues generated by its own activit ies
according to paragraph 4 of this article. Charges and fees levied by the CAA shall be
proportionate to the economic value and the utility of the activity concerned. The charges and
fees are subject to authorisation of the Minister in charge of transport. If the revenue
generated by charges and fees is not sufficient to cover all the costs the CAA may impose a
passenger charge on all departing passengers at the airports of Albania. The passenger charge
shall be approved by the Minister in charge of transport.
7. The organisation and internal structure of the CAA is determined by the Minister in charge
of transport by regulation.


Article 9     Appeal against decisions


                                                  6
DRAFT AIR CODE OF ALBANIA – 18.04.2007

In case of an appeal against a decision of the CAA based on the provisions of this Code or the
regulations enacted hereunder the rules of the Administrative Code of the Republic of Albania
shall apply.


Chapter 3 Power to enact regulations

Article 10     Powe r to enact regulations
1. The Minister in charge of transport enacts regulations necessary to implement the present
Code and international legislation, especially the Multilateral Agreement, in particular with
regard to the following issues
       a) Licensing of air carriers
       b) Licensing, training and education of the aviation personnel
       c) Type-certification, airworthiness and maintenance of aircraft
       d) Allocation of slots and the coordination and schedules facilitation of airports
       e) Groundhandling at airports
       f) Operation of aircraft including technical provisions regarding the operation of
       aircraft, the equipment of aircraft and provisions concerning flight operations and
       necessary documentation
       g) Security
       h) Air Navigation Services
       i) Charges and fees
       j) Certification and licensing of aerodromes
       k) Accident investigation and establishment of an occurrence reporting system as well
       as procedures, duties and responsibilities of the Search and Rescue Service
       l) Rules of the air
       m) Collection and distribution of aeronautical statistical data
2. Paragraph 1 of this article shall be without prejudice to the power of other Ministers to
enact regulations as provided for in this Code.




                                                  7
DRAFT AIR CODE OF ALBANIA – 18.04.2007


Part 2          Special Rules

Chapter 1 Air carriers and Personnel

Section 1       Air Carriers

Article 11    Fares and rates
1. Charter fares and seat and cargo rates charged by Albanian air carriers holding either an
operating or a limited operating licence shall be set by free agreement between the parties to
the contract of carriage.
2. Albanian air carriers operating within the European Common Aviation Area shall inform
the general public, on request, of all air fares and standard cargo rates.


Article 12    Licensing of Air Carrie rs
1. Every legal or physical person performing carriage by air of passengers, mail and cargo for
remuneration in the airspace of the Republic of Albania shall possess an operating licence. 3
2. Every legal or physical person performing local flights not involving carriage between
different airports shall hold a limited operating licence.
2. Operating licences are issued by the CAA.
3. Detailed rules on the issuing of operating licences and limited operating licences are laid
down in a regulation.


Subsection 1 Ope rating licence

Article 13    Requirements for obtaining an operating licence
1. Air carriers falling within the scope of application of Council Regulation (EEC) No
2407/92 of 23 July 1992 on licensing of air carriers in order to carry by air passengers, mail
and cargo for remuneration or of the Multilateral Agreement shall hold an operating licence
according to Article 3 paragraph 3 of Council Regulation (EEC) No 2407/92 of 23 July 1992
on licensing of air carriers in order to carry by air passengers, mail and cargo for
remuneration.
2. An undertaking performing local flights not involving carriage by air between different
airports for remuneration shall be granted a limited operating licence if: 4



3
      Regulation (EC) No 2407/ 92.
4
      See: Art 1 para 2 Regulation (EC) No 2407/ 92.

                                                       8
DRAFT AIR CODE OF ALBANIA – 18.04.2007

          a) Its principal place of business and, if any, its registered office are located in the
          Republic of Albania
          b) Its main occupation is air transport in isolation or combined with any other
          commercial operation of aircraft or repair and maintenance of aircraft
          c) It is owned and continues to be owned directly or through majority ownership by
          the Republic of Albania and/or Albanian nationals and is at all times effectively
          controlled by the Republic of Albania and/or Albanian nationals
          d) It can present evidence of a sufficient insurance cover
          e) It is financially fit
          f) It possesses a valid Air Operator’s Certificate
3. The issuing of a limited operating licence may be subject to conditions. The CAA shall
refuse to grant an operating licence according to paragraph 1 if facts justify the conclusion
that public order is endangered, in particular if the applicant or other persons responsible for
the transportation lack reliability. The grant of an operating licence shall also be refused if the
applicant is not able to demonstrate its financial fitness or accordant securities.
4. The grant of an operating licence may be refused if the applicant intends to use aircraft
which are not registered in the Republic of Albania nor in a State party to the Multilateral
Agreement nor in a Member State of the European Union or if the aircraft operated are not in
full ownership of the applicant.


Article 14       Foreign air carriers
1. Foreign air carriers shall possess an operating licence in order to perform commercial air
transportation to and from the Republic of Albania unless international agreements or bilateral
air transport agreements provide otherwise.
2. Article 13 paragraph 3 shall also apply to the issuing of operating licences of foreign
carriers.
3. Operating licences of foreign air carriers are issued by the CAA.


Article 15       Validity of the operating licence
1. The limited operating licence issued according to Article 13 paragraph 2 shall be revoked
in case of non-fulfilment of conditions. The operating licence may be revoked or suspended in
case of
          a) The air carrier no longer fulfilling the requirements and obligations of this Code and
          the regulations based upon it


                                                   9
DRAFT AIR CODE OF ALBANIA – 18.04.2007

          b) Serious professional misconduct
          c) A criminal offence
2. The operating licence issued pursuant to Article 13 paragraph 1 shall be revoked if the
requirements of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air
carriers in order to carry by air passengers, mail and cargo for remuneration are not met any
longer.
3. The operating licence shall be resubmitted for approval if it the air carrier has ceased
operations for six months or has not started operations for six months after the granting of an
operating licence. 5


Subsection 2 Air Ope rator’s Certificate

Article 16      Air Ope rator’s Certificate
1. An operator engaging in aviation activities shall possess a valid AOC issued by the CAA. 6
2. The issue of an AOC shall be dependent upon the operator demonstrating an adequate
organisation, method of control and supervision of flight operations, training programme and
maintenance arrangements consistent with the nature and extent of the operations specified.
3. The requirements to be fulfilled in order to obtain an AOC are laid down in a regulation.


Subsection 3 Exercise of traffic rights and permission to operate scheduled air services

Article 17      Exercise of traffic rights and permission to operate scheduled air services
1. ECAA air carriers are permitted to exercise traffic rights on routes within the Community,
in accordance with Article 3 paragraph 1 of Council Regulation (EEC) No 2408/92 on access
for Community air carriers to intra-Community air routes.
2. Foreign air carriers shall hold a permission to exercise traffic rights on routes within the
Republic of Albania. 7 The permission shall take into consideration the conditions laid down in
the bilateral agreement between the Republic of Albania and the said State.
3. The exercise of traffic rights and the permission according to paragraph 2 may be refused if
serious congestion and/or environmental problems exist. 8 Further rules on the refusal are laid
down in a regulation enacted by the Minister in charge of transport.
4. The permissions according to paragraph 2 are issued by the CAA.



5
      Art 11 Regulation (EC) No 2407/ 92.
6
      Annex 6 CC.
7
      s. Article 6 CC.
8
      s. Art. 9 Regulat ion (EEC) No 2408/92.

                                                10
DRAFT AIR CODE OF ALBANIA – 18.04.2007


Section 2       Aviation Personnel

Article 18    Licences for aviation personnel
1. Any person acting as a flight crew member of an aircraft shall hold an appropriate licence
and rating granted or rendered valid under this Code and the regulations enacted hereunder. 9
Under this Code the term “rating” refers to an entry in a licence stating special conditions,
privileges or limitations pertaining to that licence. 10
2. Licences and ratings are issued by the CAA.
3. Paragraphs 1 and 2 of this article shall also apply to Air Navigation Services personnel and
maintenance personnel as well as to flight operations officers, aeronautical station operators
and flight instructors.
4. Detailed rules on the requirements and validity of licences, the training and examination of
personnel are laid down in a regulation.


Article 19    Acceptance of foreign licences
1. Licences of flight crew members issued or recognized as valid in a foreign country are
rendered valid if the licence is based on requirements which are, at least, equivalent to the
standards established under this Code. 11
2. Paragraph 1 of this article also applies to the licences and ratings of Air Navigation
Services personnel and maintenance personnel as well as to those of flight operations officers,
aeronautical station operators and flight instructors.


Article 20    Validity of licences and ratings
1. If the holder of a licence or rating does not comply with the requirements established under
this Code or the regulations enacted hereunder the CAA shall advise him of the deficiency
observed and shall provide a deadline for corrective action. In case the holder does not take
measures to correct satisfactorily the deficiency within the established deadline the licence
and rating shall be suspended or revoked by the CAA.
2. The CAA shall inform the holder in writing on the decision and the reasons for it.
3. When a licence or rating is suspended or revoked the holder shall promptly return it to the
CAA. 12



9
      Annex 1 CC, 1.2.1.
10
      JAR FCL 1.001.
11
      Art. 3, 4 Directive 91/670/ EEC; ICAO Doc 9734, 3.7.1.2.
12
      ICA O Doc 9734, 3.9.3.

                                                    11
DRAFT AIR CODE OF ALBANIA – 18.04.2007


Chapter 2 Operation of Aircraft

Section 1         General rules

Article 21       Registration of aircraft
1. The CAA maintains the Civil Aircraft Register of the Republic of Albania.
2. An aircraft may only be registered in the Republic of Albania if:
           a) It is not registered in a foreign State and
           b) It is owned by
                   -an Albanian citizen, a citizen of a Member State of the European Union or of
                   a State party to the Multilateral Agreement having a permanent reside nce in
                   the Republic of Albania, or
                   -a company incorporated and having their principal place of business in the
                   Republic of Albania, the main activity of which is air transportation, or
                   -a company formed in accordance with the law of a Member State of the
                   European Union or of a State party to the Multilateral Agreement the
                   registered office, central administration or principal place of business of which
                   is located in that State
3. The operator of the aircraft may also be entered in the register instead of the owner, if it
fulfils the requirements for the registration with exception of the ownership.
4. In case of special circumstances the CAA may allow exceptions to the requirements of this
Article.
5. The Minister in charge of transport enacts a regulation on the requirements, the content and
the procedure of the registration.


Article 22       Nationality mark and registration sign
Albanian aircraft shall bear the Albanian nationality mark “ZA” and a special registration sign
granted to each aircraft when registered.


Article 23       Removal of aircraft from the Civil Aircraft Register
An aircraft shall be removed from the Civil Aircraft Register:
           a) If the aircraft did not have a valid Certificate of Airworthiness during the last three
           years and the owner cannot obtain this certificate within the timeline determined by
           the CAA
           b) Upon request of the aircraft owner

                                                    12
DRAFT AIR CODE OF ALBANIA – 18.04.2007

       c) If the requirements pursuant to Article 21 are no longer met
       d) The aircraft is missing and there was no information on its whereabouts since three
       months and the Search and Rescue operations have been terminated. The same applies
       to aircraft dissembled or completely destroyed in an accident.


Article 24    Transfer of responsibility
1. According to Article 83bis of the Chicago Convention the Minister in charge of transport
may by agreement with the competent authority of a foreign State transfer the responsibility,
as established under the Chicago Convention, for an aircraft registered in the Republic of
Albania to that State.
2. The Republic of Albania may likewise accept by agreement with the competent authority of
a foreign State the responsibility, as established under the Chicago Convention, for an aircraft
registered in that State. Any such aircraft is subject to the provisions of this Code a nd the
regulations enacted hereunder.

Article 25    Licensing and Certification of aircraft
1. Aircraft shall have a traffic licence, a type-certificate, a certificate of airworthiness and a
certificate of release to service issued in accordance with the provisions of this Code and the
regulations enacted hereunder.
2. The certificates shall be issued by the CAA.


Section 2      Special rules

Subsection 1 Traffic licence

Article 26    Ope ration in Albanian airspace
1. Albanian aircraft shall only operate in the airspace of the Republic of Albania if they hold a
traffic licence and are entered in the Civil Aircraft Register of the Republic of Albania.
2. Aircraft not being registered in the Republic of Albania and not holding an Albanian traffic
licence in accordance with the provisions of this Code shall enter/operate in Albanian airspace
only with prior permission of the CAA, unless a bilateral or international agreement
applicable in the State of Registry and in the Republic of Albania provides otherwise.
3. Air carriers and aircraft which are subject to an operating ban pursuant to Regulation (EC)
No 2111/2005 shall not operate in the airspace of the Republic of Albania.


Article 27    Traffic licence

                                               13
DRAFT AIR CODE OF ALBANIA – 18.04.2007

1. An aircraft shall only be granted a traffic licence if:
        a) Its type is in compliance with a type-certificate, and
        b) It possesses a certificate of airworthiness, and
        c) It is insured in accordance with the provisions of this Code or if a bail or security
        has been deposited, and
        d) It is equipped in a way that the noise produced as a result of its operation does not
        exceed the level which cannot be avoided using state of the art technology
2. The traffic licence shall be revoked if the aircraft does no longer fulfil the requirements of
this article.
3. Traffic licences are issued and revoked by the CAA.


Subsection 2 Type-certification

Article 28      Type-certificate 13
1. Aircraft, including any installed product, part and appliance, shall have a type-certificate
defining the design, certifying that the design meets the appropriate airworthiness
requirements and signifying approval of the design of the aircraft type.
2. The requirements and the procedure of the issuing shall be laid down in a regulation.


Article 29      Restricted type-certificate
1. In case of not fulfilling all requirements for the grant of a type-certificate, a restricted type-
certificate may be issued.
2. The requirements and the procedure of the issuing shall be laid down in a regulation.


Subsection 3 Airworthiness

Article 30      Certificate of airworthiness
1. Each aircraft shall be issued an individual certificate of airworthiness when it is shown that
it conforms with the type design approved in its type-certificate and that relevant
documentation, inspections and tests demonstrate that the aircraft is in condition for safe
operation.
2. The certificate of airworthiness shall remain valid as long as it is not suspended, revoked or
terminated and as long as the aircraft is maintained in accordance with the essential
requirements set out in this Code and the regulations enacted hereunder.


13
       Regulation (EC) No 1702/ 2003.

                                                 14
DRAFT AIR CODE OF ALBANIA – 18.04.2007

3. The requirements and procedure for the issuing of a certificate of airworthiness, a res tricted
certificate of airworthiness and a permit to fly are laid down in a regulation.


Article 31     Restricted ce rtificate of airworthiness
A restricted certificate of airworthiness shall be issued to aircraft which conform to a
restricted type-certificate issued in accordance with this Code and the regulations enacted
hereunder and which have been shown to the CAA to comply with specific certification
specification ensuring adequate safety.


Article 32     Permit to fly
A permit to fly shall be granted if the aircraft and appropria te associated restrictions
compensating for departure from the essential requirements permit the aircraft to perform
safely a basic flight. 14


Subsection 4 Maintenance

Article 33     Responsibility of the owner
1. The owner of the aircraft is responsible for its continuing airworthiness. In commercial air
transport this responsibility is borne by the operator.
2. The owner or operator shall ensure that no flight takes place unless
        a) The aircraft is maintained in an airworthy condition, and;
        b) Any operational and emergency equipment fitted is correctly installed and
        serviceable or clearly identified as unserviceable, and;
        c) The airworthiness certificate remains valid, and;
        d) The maintenance of the aircraft is performed in accordance with the approved
        maintenance programme.
3. In case of leased aircraft the responsibilities of the owner are transferred to the lessee if the
lessee is stipulated on the registration document or detailed in the leasing contract. 15
4. For the purposes of this Code the term continuing airworthiness refers to all of the
processes ensuring that, at any time in its operating life, the aircraft complies with the
airworthiness requirements in force and is in a condition for safe operation. 16


Article 34     Maintenance

14
      21A.185 Regulation (EC) No 1702/2003.
15
      Part-M, M .A. 201 Regulat ion (EC) No 2042/2003.
16
      Art 2 Regulation (EC) No 2042/2003.

                                                   15
DRAFT AIR CODE OF ALBANIA – 18.04.2007

1. The maintenance of aircraft shall be performed by appropriately qualified personnel or
organisations. 17
2. Under this Code the term maintenance means any one or combination of overhaul, repair,
inspection, replacement, modification or defect rectification of an aircraft or component, with
the exception of pre-flight inspection.


Article 35       Certificate of release to service
1. At the completion of any maintenance a certificate of release to service shall be issued
before flight.
2. Detailed rules and procedures on the maintenance of aircraft, maintenance personnel and
maintenance organisations and their approval are laid down in a regulation.


Subsection 5 Airworthiness of third-country aircraft

Article 36       Airworthiness of third-country aircraft
1. Third-country aircraft landing at an Albanian airport shall be subject to ramp inspections if
it is suspected of non-compliance with international safety standards. Ramp inspections of
third-country aircraft may also be carried out in accordance with a non-discriminatory spot-
check procedure in the absence of any particular suspicion. The same applies to aircraft
registered in a Member State of the European Union or in a State Party to the Multilateral
Agreement. 18 The term “third-country aircraft” under this Code refers to an aircraft which is
not used or operated under the control of a competent authority of a Member State of the
European Union or of a State party to the Multilateral Agreement.
2. The ramp inspections pursuant to this article are performed by inspectors of the CAA.
3. When performing a ramp inspection under this Code the inspectors shall make all possible
efforts to avoid an unreasonable delay of the aircraft inspected. 19
4. The criteria and procedure of the safety assessment are laid down in a regulation.


Article 37       Information on findings
1. On completion of the ramp inspection, the pilot- in-command of the aircraft or a
representative of the operator shall be informed of the ramp inspection findings.
2. In case of serious deficiencies of the aircraft the report shall be sent the operator of the
aircraft and to the Commission of the European Union. 20

17
      Part-M, M .A.402 Regulation (EC) No 2042/ 2003.
18
      Art 11 paragraph 1 Mu ltilateral Agreement.
19
      Directive 2004/36/ EC, Art 4 paragraph 5.

                                                   16
DRAFT AIR CODE OF ALBANIA – 18.04.2007



Article 38    Grounding
1. In cases where the non-compliance of the aircraft with safety standards is clearly hazardous
to flight safety, the aircraft operator shall be given the possibility to rectify the deficiencies
before flight departure. If the inspector performing the ramp inspection is not satisfied that
corrective action will be carried out before the flight, he shall ground the aircraft until the
hazard is removed.
2. In case of grounding of an aircraft the CAA shall immediately inform the competent
authorities of the operator concerned and of the State of Registry of the aircraft.
3. The CAA may, in coordination with the State responsible for the operation of the aircraft
concerned or the State of Registry of the aircraft, prescribe the necessary conditions under
which the aircraft can be allowed to fly to an airport at which the deficiencies can be
corrected. In case the validity of the certificate of airworthiness is affected the grounding may
only be lifted if the operator obtains permission from the State or the States which will be
overflown on that flight. 21


Subsection 6 Crew and Pilot-in-Command

Article 39    Flight and cabin cre w
1. The operator shall employ sufficient flight and cabin crew for the planned operation. 22
Further details on the number and the composition of flight and cabin crews are provided for
in a regulation.
2. Flight and cabin crew members shall be trained and checked in accordance with the
provisions of this Code and the regulations enacted hereunder.


Article 40    Composition of flight cre w
1. The number and composition of the flight crew of aircraft shall not be less than that
specified in the flight manual and other operations instructions material. 23 The term flight
manual refers to a manual, associated with the certificate of airworthiness, containing
limitations within which the aircraft is to be considered airworthy, and instructions and
information necessary to the flight crew members for the safe operation of the aircraft. 24


20
      Directive 2004/36/ EC, Art 4 paragraph 4; Regulation (EC) No 2111/2005.
21
      Directive 2004/36/ EC, Art 7.
22
      JAR-OPS 1 Appendix 2 to 1.175.
23
      9.1 Annex 6 CC.
24
      Chapter 1 Annex 6 CC.

                                                    17
DRAFT AIR CODE OF ALBANIA – 18.04.2007

2. The flight crews of aeroplanes and helicopters shall include flight crew members in
addition to the minimum numbers specified in the flight manual or other documents
associated with the certificate of airworthiness, when required by the type of aeroplane or
helicopter used, the type of operation involved and the duration of flight. 25


Article 41     Pilot-in-command
The pilot- in-command of an aircraft shall, whether manipulating the controls or not, be
responsible for the operation of the aircraft in accordance with the rules of the air. He may
depart from these rules in circumstances that render such departure absolutely necessary in the
interests of safety. 26


Subsection 7 Necessary docume ntation and minimum equipment list

Article 42     Necessary docume ntation
Albanian aircraft shall carry on board the documents prescribed in a regulation enacted under
this Code.


Article 43     Minimum Equipme nt List
1. An operator shall establish, for each aircraft, a Minimum Equipment List (MEL). 27 Under
this Code the term MEL refers to a list which provides for the operation of aircraft, subject to
specified conditions, with particular equipment inoperative, prepared by an operator in
conformity with, or more restrictive than, the Master Minimum Equipment List established
for the aircraft type. 28
2. An aircraft shall only be operated in accordance with the MEL, unless otherwise permitted
by the CAA.
3. The MEL shall be approved by the CAA.


Subsection 8 Transportation of dangerous goods

Article 44     Carriage of weapons and munitions of war29
1. An operator shall not carry any munitions of war by air unless he obtains a written
permission of the CAA to carry such munitions. Furthermore, the pilot- in-command shall be


25
      9.1 Annex 6 CC; JAR-OPS 1.940.
26
      Annex 2 CC, 2.3.1.
27
      JAR-OPS 1.030.
28
      Annex 6 CC.
29
      JAR-OPS 1.065.

                                                18
DRAFT AIR CODE OF ALBANIA – 18.04.2007

informed in writing by the operator before the flight commences of the type, weight or
quantity and location of any such munitions of war intended to be carried. For the purposes of
this Code “munitions of war” means any weapon or ammunition, any article containing an
explosive, noxious liquid or gas or any other thing which is designed or made for use in
warfare or against persons, including parts, whether components or accessories, for such
weapon, ammunition or article.
2. The munitions of war shall be stowed in the aircraft in a place which is inaccessible to
passengers during flight.
3. In the case of firearms, the munitions of war shall be unloaded.
4. Weapons that are carried by a passenger in accordance with other legal provisions may be
carried without the permission according to paragraph 1.


Article 45   Carriage of sporting weapons 30
1. An operator shall take all reasonable measures to ensure that any sporting weapons
intended to be carried by air are reported to him. 31 Under this Code the term “sporting
weapons” refers to any weapon or ammunition, any article containing an explosive, noxious
liquid or gas or any other thing, including parts, whether components or accessories, for such
weapon, ammunition or article, which is not munitions of war.
2. Article 44 paragraphs 2 and 3 also applies to the carriage of sporting weapons.


Article 46   Transportation of dangerous goods
1. An operator shall not transport by air goods which are defined as dangerous by a
regulation, in particular toxic gases, nuclear fuel and other radioactive substances, unless he
possesses a permission issued by the CAA. 32
2. Further rules on the carriage of dangerous goods by air are laid down in a regulation.


Chapter 3 Aerodromes

Section 1      General rules

Article 47   Licensing of aerodromes




30
      JAR-OPS 1.070.
31
      JAR-OPS 1.070.
32
      JAR-OPS 1.1155.

                                               19
DRAFT AIR CODE OF ALBANIA – 18.04.2007

1. Aerodromes (airports, airfields and gliding fields) shall only be constructed or operated
with a valid aerodrome licence granted by the CAA. The aerodrome licence may include
conditions and time limitations.
2. Before granting an aerodrome licence the following aspects shall adequately be taken into
account:
       a) The possible impact of the aerodrome to the environment including landscape
       preservation and urban development;
       b) The protection against aircraft noise.
3. The aerodrome licence shall not be granted if the prospective terrain is not suitable for
aerodrome operation or if other facts justify the presumption that public safety may be
endangered. If such facts arise thereafter, the aerodrome licence may be revoked.
4. In the case of an airport licensed for general air traffic (airport of common operation), the
aerodrome licence shall not be granted if the construction and operation of the projected
airport may unduly infringe public interests.
5. With the aerodrome licence, the licensee acquires the right to operate an aerodrome on a
commercial basis and to levy charges for the use of the aerodrome and its installations and
facilities. The licensee is obliged to operate the aerodrome in accordance with the aerodrome
licence and Aerodrome Services and Operations Manual, and has to ensure its safe and
orderly operation. Insofar, the licensee has to provide the necessary aviation infrastructure.
6. The aerodrome licence shall neither partially nor in total be transferred to a third party
without the expressed consent of the CAA.
7. The aerodrome licence may be complemented or altered if installations or operations of the
airport are subsequently being substantially altered or enlarged.
8. The details of the conditions and procedure for granting an aerodrome licence are laid
down in a regulation by the Minister in charge of transport.


Article 48    Aerodrome Services and Ope rations Manual
1. The operator of an aerodrome is obliged to issue an Aerodrome Services and Operations
Manual, the purpose of which is to substantiate the obligations laid down in the aerodrome
licence. The Aerodrome Services and Operations Manual shall contain all necessary
information and instruction in order to operate the aerodrome in an orderly and safe manner
and shall in particular comprise:
       a) The organisation of the aerodrome;
       b) The take-off and landing proceedings;


                                                20
DRAFT AIR CODE OF ALBANIA – 18.04.2007

       c) The general rules concerning the use of the aerodrome.
2. The Aerodrome Services and Operations Manual shall be submitted to the CAA for
approval. The same applies to subsequent changes.
3. The Aerodrome Services and Operations Manual shall be published in the AIP.


Article 49    Certification of ae rodromes
1. Aerodromes are subject to a certification by the CAA in accordance with a regulation
issued by the Minister in charge of transport.
2. Radio-navigational, lightning and meteorological system at an aerodrome shall meet the
requirements and shall be certified by the CAA according to a regulation issued by the
Minister in charge of transport.


Article 50    Aerodrome register
1. Aerodromes licensed in accordance with Article 47 shall be entered into the Aerodrome
Register.
2. The Register shall be maintained by the CAA.
3. An aerodrome may be deleted from the Register if it does not fulfil the conditions set out in
the aerodrome licence issued in accordance with Article 47 or if the aerodrome licence has
been revoked. It may also be deleted on request of the owner.
4. The form, content and administrative procedure regarding the Aerodrome Register shall be
prescribed by a regulation of the Minister in charge of transport.


Article 51    Preparatory works
1. The CAA may allow such works which are necessary to prepare the application for an
aerodrome licence if an examination comes to the conclusion that the conditions for the
granting of an aerodrome licence are likely to be fulfilled. The permission does not give any
claim to an aerodrome licence pursuing to Article 47.
2. The permission may include conditions and its validity shall not exceed two years.
3. If the preparatory work may cause substantive damage to a property, the permission shall
include the obligation of the applicant to provide adequate security. If damage has been
caused, the applicant shall pay full compensation or shall, on request by the claimant, restore
the prior situation. In case of dispute, manner and amount of compensation shall be settled by
the ordinary courts.



                                                 21
DRAFT AIR CODE OF ALBANIA – 18.04.2007

4. Representatives of the CAA are allowed to enter a property which may become part of an
aerodrome without the consent of the land owner or any other person who is entitled to the
property. They may measure the property and perform all preparatory works which are
necessary for the final assessment of the fitness of the respective property. They are not
allowed to enter residences.


Section 2       Airports

Subsection 1 General rules

Article 52    Definitions
For the purpose of this Subsection the term “airport” means an aerodrome which needs in its
vicinity a zone of construction restrictions due to the nature and scale of air traffic according
to Article 53. An airport may be licensed for general air traffic (airport of common operation)
and special air traffic (airport of special operation).


Article 53    Airport protective zones and construction restrictions
1. In order to ensure safe aircraft operations in the vicinity of airports, the Minister in charge
of transport with the approval of the Council of Ministers may in a regulation define areas in
the vicinity of an airport in which development shall be restricted (airport protective zones).
2. The regulation shall include the respective construction restrictions as well as terms and
conditions under which building permissions and exemptions shall be granted.
3. No building permission shall be granted without the express approval by the CAA.
4. Outside the airport protective zone a building permission shall only be granted with the
consent of the CAA if the building height exceeds 100 meter above the surface. The CAA
may impose restrictions to installations higher than 30 meters which are placed on top of
natural or artificial elevations provided that the top of this installation exceeds the highest
elevation in a radius of 1,5 kilometre around the installation by more than 100 meter.


Article 54    Inte rference with CNS installations
1. No buildings shall be build if the CNS services providers indicates to the CAA that the
prospective building will interfere with CNS installations. To this regard, the CNS services
provider shall inform the CAA about the location of all CNS installations and areas around
these installations in which interferences with buildings may occur. The CAA shall inform the
CNS services provider about the planning of such buildings.


                                                 22
DRAFT AIR CODE OF ALBANIA – 18.04.2007

2. The owner and any person entitled shall tolerate that buildings which interfere with CNS
installations shall be altered in such a way that the interference shall cease unless the
interference can be avoided by the CNS services provider with cost which are not higher than
the cost of the prospective alteration of the building.


Article 55    Other aviation obstacles
1. Article 53 shall also apply to other obstacles such as trees, open wires, poles, dams other
installations and equipment.
2. The construction of the obstacles according to paragraph 1 of this article shall only be
allowed with prior permission by the CAA


Article 56    Marking of aviation obstacles
1. Buildings and aviation obstacles not exceeding the installation height established by the
regulation according to Article 53 shall be fitted with marking installations positioned as close
as possible to the top of the obstacle if the CAA deems it necessary to ensure safe aircraft
operations.
2. The person responsible for the obligation under paragraph 1 shall ensure that the marking
installations shall be displayed at all time. In the event of failure of any installation to be
displayed by night, the person in charge shall repair or replace the installation as soon as it is
reasonably practical. Details shall be laid down in a regulation by the Minister in charge of
transport.


Article 57    Removal of aviation obstacles
1. If asked by the CAA, the owner and any person entitled shall tolerate that buildings which
exceed the admissible heights shall be taken down to the admissible height. The same applies
to other aviation obstacles.
2. If the demolition is not feasible in a particular case the necessary measures in order to
ensure aviation safety shall be tolerated by the owner or person entitled.


Article 58    Compensation
1. If an owner or any other person entitled suffers damages due to the application of Article
53 to Article 57 a fair compensation shall be paid the amount of which shall take into due
account the damage or destruction of an object and the interest of the person and the public.



                                                23
DRAFT AIR CODE OF ALBANIA – 18.04.2007

2. The compensation according paragraph 1 of this Article to shall be paid by the aerodrome
operator. The compensation according to Article 54 shall be paid by the CNS services
provider if
       a) The property in question is located outside the airport protective zones, and
       b) The measures taken by the CNS services provider do not involve take-off and
       landing operations.
Otherwise the compensation shall be paid by the aerodrome operator.
3. In the case of Article 56 the compensation shall be paid by the entity who asked for the
marking.


Article 59    Installations for noise measure ments
The operator of an airport of common operation may be asked by CAA to build and maintain
installations on the airport and its vicinity for constant measurement of noise emitted by
aircraft taking-off and landing. The measurements shall be regularly communicated to the
CAA and any other public authority which may have an interest in it. The CAA may grant
exemptions provided that there is no need for such installations to be built and maintained.


Subsection 2 Noise related operating restrictions 33

Article 60    Definitions
For the purpose of this Subsection terms used shall bear the following meaning:
Airport: A civil airport in the Republic of Albania which has more than 50000 movements of
civil subsonic jet aeroplanes per calendar year (a movement being a take-off or landing),
taking into consideration the average of the last three calendar years before the application of
the rules of this Subsection to the airport in question
Civil subsonic jet aeroplanes: Aeroplanes with a maximum certificated take-off mass of
34000 kg or more, or with a certified maximum internal accommodation for the aeroplane
type in question consisting of more than 19 passenger seats, excluding any seats for crew only
Marginally compliant aircraft: Civil subsonic jet aeroplanes, that meet the certification limits
laid down in Volume 1, Part II, Chapter 3 of Annex 16 to the Convention on International
Civil Aviation by a cumulative margin of not more than 5 EPNdB (Effective Perceived Noise
in decibels), whereby the cumulative margin is the figure expressed in EPNdB obtained by
adding the individual margins (i.e. the differences between the certificated noise level and the


33
      This subsection may also be laid down in secondary legislation enacted by the Minister in charge of
      transport according to Article 10 parag raph 1 j).

                                                   24
DRAFT AIR CODE OF ALBANIA – 18.04.2007

maximum permitted noise level) at each of the three reference noise measurement points as
defined in Volume 1, Part II, Chapter 3 of Annex 16 to the Convention on International Civil
Aviation
Operating restrictions: noise related action that limits or reduces access of civil subsonic jet
aeroplanes to an airport. The term includes operating restrictions aimed at the withdrawal
from operations of marginally compliant aircraft at specific airports as well as operating
restrictions of a partial nature, affecting the operation of civil subsonic aeroplanes according
to time period;
Interested parties: Natural or legal persons affected or likely to be affected by, or having a
legitimate interest in the introduction of, noise reduction measures, including operating
restrictions;
Balanced approach: An approach under which the competent authority shall consider the
available measures to address the noise problem at an airport in their territory, namely the
foreseeable effect of a reduction of aircraft noise at source, land-use planning and
management, noise abatement operational procedures and operating restrictions.
Developing country: A State, which has been listed by the Organization of Economic Co-
operation and Development – OECD – on the List of beneficiaries of official development
assistance – Part 1 in its most recent version. This does not apply to contracting States of
ICAO which pay a contribution thereto which is higher than the minimum contribution
established by ICAO. If a State is not contracting State of ICAO, the OECD assessment shall
be applicable.


Article 61      Competent authority
The competent authority responsible for matters falling within the scope of this Subsection
shall be the CAA.


Article 62      Noise related operating restrictions
1. The competent authority may restrict the access to airports of marginally compliant civil
subsonic jet aeroplanes notwithstanding other already existing operating restrictions aimed to
reduce the noise emission associated with aircraft operation.
2. It shall adopt a balanced approach in dealing with noise problems at airports. It may also
consider economic incentives as a noise management measure.
3. When considering operating restrictions, the likely costs and benefits of the various
measures available as well as airport-specific characteristics shall be taken into account.


                                               25
DRAFT AIR CODE OF ALBANIA – 18.04.2007

4. Measures or a combination of measures taken under this Subsection shall not be more
restrictive than necessary in order to achieve the environmental objective established for a
specific airport. They shall be non-discriminatory on grounds of nationality or identity of air
carrier or aircraft manufacturer.
5. Performance-based operating restrictions shall be based on the noise performance of the
aircraft as determined by the certification procedure conducted in accordance with Volume 1
of Annex 16 to the Convention on International Civil Aviation, third edition (July 1993).


Article 63    Rules on assessment
1. When a decision on operating restrictions is being considered, the information as specified
in Annex II of Directive 2002/30/EC of the European Parliament and of the Council of 26
March 2002 on the establishment of rules and procedures with regard to the introduction of
noise-related operating restrictions at Community airports shall, as far as appropriate and
possible, for the operating restrictions concerned and for the characteristics of the airport, be
taken into account.
2. Where airport projects are subject to an environmental impact assessment pursuant to
Directive 85/337/EEC on the assessment of the effects of certain public and private projects
on the environment, the assessment carried out in accordance with that Directive shall be
considered as meeting the requirements of paragraph 1, provided that the assessment has
taken into account as far as possible the information as specified in Annex II of Directive
2002/30/EC on the establishment of rules and procedures with regard to the introduction of
noise-related operating restrictions at Community airports.
3. Paragraph 1 shall not apply to:
       a) Operating restrictions that were already established before 9. April 2005;
       b) Minor technical changes to operating restrictions of a partial nature that do not have
       any significant cost implications for the airline operators at the respective airport and
       that have been introduced after 9 April 2005.


Article 64    Rules on the introduction
If the assessment of all available measures, including operating restrictions of a partial nature,
carried out in conformity with the requirements of Article 62 and Article 63 demonstrates that
noise related measures must be introduced at an airport, aimed at the withdrawal of
marginally compliant aircraft, the following rules shall apply instead of the procedure laid



                                               26
DRAFT AIR CODE OF ALBANIA – 18.04.2007

down in Article 9 of Regulation (EEC) No 2408/92 on access for Community air carriers to
intra-Community air routes at the airport under consideration:
       a) Six months after the completion of the assessment and decision on the introduction
       of an operating restriction, no services over and above those operated in the
       corresponding period of the previous year shall be allowed with marginally compliant
       aircraft at that airport;
       b) Not less than six months thereafter, each operator may be required to reduce the
       number of movements of his marginally compliant aircraft serving that airport at an
       annual rate of not more than 20 % of the initial total number of these movements.


Article 65     Exemptions
1. Marginally compliant aircraft registered in a developing country shall, until 28. March
2012, be exempted from the provisions of Article 64, provided that:
       a) Such aircraft, granted noise certification to the standards specified in Volume 1,
       Part II, Chapter 3 of Annex 16 to the Convention on International Civil Aviation, were
       used at the airport concerned between 1 January 1996 and 31 December 2001 ("the
       reference period"), and
       b) This aircraft was, in the reference period, on the register of the developing country
       concerned and that it continues to be operated by a natural or legal person established
       in that country.
2. In individual cases, the CAA may authorise individual operations of marginally compliant
aircraft which could not take place on the basis of the other provisions of this Subsection.
This exemption is limited to aircraft whose individual operations are of such an exceptional
nature that it would be unreasonable to withhold a temporary exemption and to aircraft on
non-revenue flights for the purpose of humanitarian assistance, alterations, repair or
maintenance.


Subsection 3 Slot allocation

Article 66     Airport designation
1. The Minister in charge of transport shall designate an airport as coordinated or schedules
facilitated if provided for by this Code or the regulations enacted hereunder. 34
2. Under this Code the term “coordinated airport” refers to any airport where, in order to land
or take off, it is necessary for an air carrier or any other aircraft operator to have been

34
      Art 3 Reg (EEC) No 95/ 93 as amended by Reg (EC) No 793/2004.

                                                  27
DRAFT AIR CODE OF ALBANIA – 18.04.2007

allocated a slot by a coordinator, with the exception of State flights, emergency landings and
humanitarian flights. 35
3. The term “schedules facilitated” means an airport where there is potent ial for congestion at
some periods of the day, week or year which is amenable to resolution by voluntary
cooperation between air carriers and where a schedules facilitator has been appointed to
facilitate the operations of air carriers operating services o r intending to operate services at
that airport.


Article 67      Allocation of slots
1. The allocation of slots shall take place in accordance with transparent, neutral and non-
discriminatory rules. 36
2. The detailed procedure of allocation is provided for in a regulation implementing Council
Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at
Community airports as amended by Regulation (EC) No 793/2004.


Article 68      Airport coordinator and schedules facilitator
1. Upon proposal of the CAA the Minister in charge of transport shall appoint a qualified
natural or legal person for a coordinated or schedules facilitated airport as airport coordinator
or schedules facilitator. Prior to the appointment the air carriers using the airport regularly,
their representative organisations and the managing body of the airport as well as the
coordination committee shall be consulted. The same coordinator or schedules facilitator may
be appointed for more than one airport. 37
2. Coordinator and schedules facilitator shall act in an independent, neutral and non-
discriminatory way. The coordinator shall be functionally and financially independent from
any single interested party.
3. Further rules on the coordinator and the schedules facilitator shall be laid down in a
regulation.


Article 69      Coordination Committee
1. The Minister in charge of transport shall establish a Coordination Committee at an airport
that has been designated as coordinated. The same Coordination Committee may be
designated for more than one airport.

35
      Art 2 g) Reg (EEC) No 95/93.
36
      Regulation (EEC) No 95/ 93.
37
      Regulation (EEC) No 95/ 93 as amended by Regulation (EC) No 793/2004.

                                                  28
DRAFT AIR CODE OF ALBANIA – 18.04.2007

2. The Coordination Committee shall consist at least of the air carriers using the airport in
question regularly or their representative organisations, of the managing body of the airport
concerned, the relevant air traffic control providers and the representatives of general aviation
using the airport regularly.
3. Further rules on the Coordination Committee shall be provided for in a regulation.


Subsection 4 Groundhandling 38

Article 70     Free access to groundhandling market
Unless otherwise provided under this Code or a regulation enacted hereunder, the managing
body of an airport shall take the necessary measures to ensure free access by suppliers of
groundhandling services to the market for the provision of groundhandling services to third
parties and to ensure the freedom to self- handle. Under this Code the term groundhandling
means the services provided to airport users at airports as described in the Annex to Council
Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at
Community airports.


Article 71     Self-handling and groundhandling for third parties
1. The CAA may, on an application made to it by the managing body of an airport, determine
that, at the airport or part of the airport, the right to self- handle shall be reserved to some
airport users or that the number of suppliers authorised to provide groundhandling services to
third parties shall be limited. This applies only for the following categories of groundhandling
services, hereinafter referred to as airside services:
        a) Baggage handling,
        b) Ramp handling,
        c) Fuel and oil handling,
        d) Freight and mail handling as regards the physical handling of freight and mail,
        whether incoming, outgoing or being transferred, between the air terminal and the
        aircraft
2. The number of the chosen airport users and the number of the suppliers chosen shall be no
fewer than two.
3. In case of groundhandling for third parties, the CAA shall ensure that at least one of the
authorised suppliers is not directly or indirectly controlled by:
        a) The managing body of the airport,

38
      Directive 96/ 67/ EC

                                                 29
DRAFT AIR CODE OF ALBANIA – 18.04.2007

       b) Any airport user who has carried more than 25% of the passengers or freight
       recorded at the airport during the year preceding that in which those suppliers were
       selected,
       c) A body controlling or controlled directly or indirectly by that managing body or any
       such user.


Article 72    Exemptions
1. Where at an airport, specific constraints of available space or capacity, arising in particular
form congestion and area utilization rate, make it impossible to open up the market or to
implement self- handling to the degree provided for in this Code, the CAA may on an
application made to it by the managing body of the airport determine to:
       a) Limit the number of suppliers for one or more categories of groundhandling
       services other than airside services
       b) Reserve to a single supplier one or more categories of airside services
       c) Reserve self- handling to a limited number of airport users for one or more
       categories of groundhandling services other than airside services
       d) Ban self- handling to a limited number of airport users for airside services
2. The exemptions granted under paragraph 1 a), c) and d) of this article shall not exceed a
duration of three years. Exemptions granted under paragraph 1 b) of this article shall be made
for a period not exceeding two years.
3. A determination made pursuant to paragraph 1 of this article shall not
       a) Unduly prejudice the aims of Council Directive 96/67/EC of 15 October 1996 on
       access to the groundhandling market at Community airports;
       b) Give rise to distortions of competition between suppliers of groundhandling
       services and/or self- handling airport users;
       c) Extend further than necessary.
4. Further rules on the exemptions under this article are laid down in a regulation enacted by
the Minister in charge of transport.


Article 73    Requirements
1. Any supplier of groundhandling services and self- handling user shall demonstrate a sound
financial situation and a sufficient insurance cover and shall comply with further requirements




                                               30
DRAFT AIR CODE OF ALBANIA – 18.04.2007

relating to the security and safety of installations, of aircraft of equipment and of persons, to
environmental protection and to social legislation. 39
2. Detailed rules on the requirements to be fulfilled are laid down in a regulation enacted by
the Minister in charge of transport.


Article 74    Separation of accounts
A supplier of groundhandling services, the managing body of an airport providing
groundhandling services and an airport user providing groundhandling services shall
rigorously separate the accounts of their groundhandling activities from the accounts of their
other activities in accordance with current commercial practice. 40


Article 75    Selection of suppliers
1. The selection of suppliers of groundhandling services and self- handling airport users shall
take place pursuant to relevant, objective, transparent and non-discriminatory criteria.
2. The procedure of selection is laid down in a regulation.


Article 76    Airport Users’ Committee
1. The managing body of an airport shall set up a committee of representatives of airport users
or organisations representing airport users, hereinafter referred to as Airport Users’
Committee in accordance with this Code and regulations enacted under it.
2. All airport users shall have the right to be on the committee or, if they so wish, to be
represented on it by an organisation appointed to that effect. 41


Article 77    Access to installations and use of infrastructure
The managing body of the airport shall ensure that
       a) Suppliers of groundhandling services and airport users wishing to self- handle have
       access to airport installations to the extent necessary for them to carry out their
       activities;
       b) Any conditions it places upon such access are relevant, objective, transparent and
       non-discriminatory;


39
      Art 14 Council Directive 96/ 67/ EC o f 15 October 1996 on access to the groundhandling market at
      Co mmunity airports.
40
      Art 4 Council Directive 96/ 67/EC of 15 October 1996 on access to the groundhandling market at
      Co mmunity airports.
41
      Art 5 Council Directive 96/ 67/EC of 15 October 1996 on access to the groundhandling market at
      Co mmunity airports.

                                                  31
DRAFT AIR CODE OF ALBANIA – 18.04.2007

       c) The space available for groundhandling at the airport is divided among the various
       suppliers of groundhandling services and self- handling airport users, including new
       entrants in the field, to the extent necessary for the exercise of their rights and to allow
       effective and fair competition on the basis of relevant, objective, transparent and non-
       discriminatory rules and criteria;
       d) Any fee charged for such access is determined according to relevant, objective,
       transparent and non-discriminatory criteria.


Article 78    Reciprocity
1. Whenever it appears that a third country, with respect to access to the groundhandling or
self-handling market, de jure or de facto grants suppliers of groundhandling services and self-
handling airport users from a Member State of the European Union or a State party to the
Multilateral Agreement
       a) Treatment not comparable to that granted by Member States of the European Union
       or States party to the Multilateral Agreement to suppliers of groundhandling services
       and self- handling airport users from that country
       b) Treatment which is less favourable than that granted to national suppliers of
       groundhandling services or self- handling airport users
       c) Treatment which is less favourable than that granted to suppliers of groundhandling
       services and self- handling airport users from other third countries
the Minister in charge of transport shall be informed.
2. Without prejudice to the international commitments of the European Union or of the States
party to the Multilateral Agreement, the Minister in charge of transport may, partially or in
whole, suspend the obligations arising from Council Directive 96/67/EC in respect of
suppliers of groundhandling services and airport users from that third country, in accordance
with Community law.
3. The Minister in charge of transport shall inform the Joint Committee of any decision taken
under paragraph 2 of this article.


Section 3      Airfields

Article 79    Definitions
For the purpose of this Section the term “airfield” means an aerodrome which does not need a
zone of construction restrictions due to the nature and scale of air traffic according to Article


                                               32
DRAFT AIR CODE OF ALBANIA – 18.04.2007

53. An airfield may be licensed for general air traffic (airfield of common operation) and
special air traffic (airfield of special operation).


Article 80     Regulation on airfields
The details concerning licensing, certification, construction and operation of airfields shall be
laid down in a regulation by the Minister in charge of transport.


Section 4       Gliding fields

Article 81     Definitions
1. For the purpose of this Section the term “gliding field” means an aerodrome which is
dedicated for use by gliders and motor gliders which are not capable to take-off by using their
own engines.
2. The aerodrome licence of a gliding field may be extended to motor gliders which are
capable to take-off by using their own engines, to balloons, to aerial sports equipment and to
aircraft which are intended to be used for hauling of gliders, motor gliders or hang gliders or
for dropping of parachutists.


Article 82     Regulation on gliding fields
The details concerning licensing, certification, construction and operation of gliding fields
shall be laid down in a regulation by the Minister in charge of transport.


Chapter 4 Rules of the Air

Article 83     Compliance with the rules of the air
1. The operation of an aircraft either in flight or on the movement area of an aerodrome shall
be in compliance with the general rules of the air and, in addition, when in flight, eithe r with:
        a) The visual flight rules; or
        b) The instrument flight rules. 42
2. Details shall be established in a regulation.


Article 84     Protection of pe rsons and property
An aircraft shall not be operated in a negligent or reckless manner so as to endanger life or
property of others. 43

42
      Annex 2, 2.2.

                                                   33
DRAFT AIR CODE OF ALBANIA – 18.04.2007



Article 85    Use of aerodromes
1. Aircraft are permitted to depart and land only at designated aerodromes. Aircraft engaged
in international air traffic are permitted to depart and land only at designated customs airports.
2. Aircraft are permitted to depart and land outside designated aerodromes, only with consent
of the landowner or any other entitled person and prior permission of the respective ANS
provider.
3. Paragraph 2 of this article does not apply to landings due to safety reasons in case of
emergency and/or distress. In this case the crew of the aircraft shall promptly notify the
respective Air Traffic Services provider and provide the landowner with the name and the
address of the aircraft operator.
4. A take-off after a technical landing shall only be permitted upon clearance of the respective
Air Traffic Services provider.


Chapter 5 Air Navigation Services

Section 1       General Provisions

Article 86    Provision of Air Navigation Services
1. The Republic of Albania shall provide ANS in order to promote the safety and expedition
of air navigation.
2. Detailed rules on ANS shall be established in a regulation.
3. The Republic of Albania may, upon agreement, cooperate with other States for the
provision of such services.


Article 87    Air Navigation Services Providers
1. ANS, including training, shall be provided by independent providers, which shall be
designated, certified and supervised by the CAA. 44
2. ANS providers certified by other Member States of the European Union or States party to
the Multilateral Agreement are also entitled to provide ANS in the Republic of Albania. 45
3. ANS providers shall draw up, submit to audit and publish their financial accounts. 46



43
      Annex 2, 3.1.1.
44
      Art. 4 II Reg. (EC) No 549/2004; Art. 2 Reg. (EC) No 550/2004.
45
      Art 7 VI, VIII Reg (EC) No 550/2004.
46
      Art 12 I Reg (EC) No 550/ 2004.

                                                    34
DRAFT AIR CODE OF ALBANIA – 18.04.2007

4. ANS providers shall have in place a safety and quality management system for all their
services. 47 They shall also establish a security management to ensure the security of their
facilities and personnel as well as the security of operational data they receive or otherwise
employ. 48
5. The CAA shall conduct inspections and surveys to verify compliance of the ANS Providers
with the provisions of this Code and the regulations enacted hereunder. Such inspections and
surveys may be delegated in full or in part to recognised organisations. The terms and
conditions of the delegation shall be prescribed by a regulation. 49


Article 88       Liability of the Air Navigation Services Provide r
1. The ANS Provider shall be liable for any damages arising out of its activities. This does not
apply to any damages arising out of events of force majeure.
2. The ANS Provider shall be adequately insured to cover its liability under this Code and the
regulations enacted hereunder. The details are laid down in a regulation. 50
3. Air Traffic Controllers can be held personally liable only in cases of gross negligence. This
is without prejudice to eventual criminal liability.


Section 2         Air Traffic Management

Article 89       Provision of Air Traffic Manage ment Services
1. ATM Services shall have the objective of enabling aircraft operators to meet their planned
times of departure and arrival and adhere to their preferred flight profiles with minimum
constraints, without compromising agreed levels of safety. 51 Under this Code the term Air
Traffic Management Services refers to the aggregation of airborne and ground-based
functions (Air Traffic Services, Airspace Management, Air Traffic Flow Management)
required to ensure the safe and efficient movement of aircraft during all phases of
operations. 52




47
      Regulation (EC) No 2096/ 2005, Annex I, No 3.
48
      Regulation (EC) No 2096/ 2005, Annex I, No 4.
49
      Art 3 I Reg (EC) No 550/2004.
50
      Reg (EC) No 2096/ 2005, Annex I, No 7.
51
      EUROCONTROL Principles for establishing the cost base for route facility charges and the calculation
      for unit rates, Doc No 04.60.01, Appendix VI.
52
      ICA O Doc 4444 (PA NS ATM).

                                                   35
DRAFT AIR CODE OF ALBANIA – 18.04.2007

2. ATM systems, their constituents and associated procedures shall meet essential
requirements and shall comply with specific technical rules, in order to ensure interoperability
with the European ATM Network. Details shall be established in a regulation.


Section 3       Communication, navigation and surveillance services

Article 90     Provision of Communication, Navigation and Surveillance Services
1. The Republic of Albania shall be responsible for the provision of CNS services in order to
ensure the safety and regularity of flights. Under this Code the term communication services
refers to aeronautical fixed and mobile ground services to enable ground-to-ground and air-to-
air communication for air traffic control purposes. Navigation services are facilities and
services that provide aircraft with positioning and timing information. The term surveillance
services corresponds to facilities and services used to determine the respective positions o f
aircraft to allow safe separation. 53
2. CNS services shall be provided in a way that guarantees their availability, continuity,
accuracy and integrity.


Section 4       Meteorological services

Article 91     Provision of Meteorological Se rvices
The Republic of Albania shall be responsible for the provision of meteorological services to
operators, flight crew members, ATM units, search and rescue services units, airport
managements and other users concerned with the conduct or development of international air
navigation in order to contribute to the safety, regularity and efficiency of air navigation. 54
Under this Code the term meteorological services refers to those facilities and services that
provide aircraft with meteorological forecasts, briefs and observations as well as any other
meteorological information and data provided for aeronautical use. 55




53
      Reg (EC) No 549/2004.
54
      Annex 3, No 2.1.1., 2.1.2.
55
      Reg (EC) No 549/2004.

                                              36
DRAFT AIR CODE OF ALBANIA – 18.04.2007


Section 5      Aeronautical Information Service

Article 92    Provision of Aeronautical Information Service
1. The Republic of Albania shall be responsible for the provision of an Aeronautical
Information Service regarding its own territory as well as areas outside its territory in which it
is responsible for the provision of ATM Services.
2. The Aeronautical Information shall be published and updated in the Albanian AIP.


Section 6      Charges for Air Navigation Services

Article 93    ANS Charges
1. For the provision of ANS, charges shall be established by the designated Air Navigation
Services provider to the users of such services unless otherwise provided under this Code. Air
navigation charges shall comprise en route air navigation charges and charges for air
navigation services made available at aerodromes to arriving and departing flights. The
charges shall be authorized by the CAA, published in the AIP and communicated to ICAO 56 .
2. Charges for en route ANS shall be established, billed and collected by EUROCONTROL
on behalf of the Republic of Albania pursuant to the EUROCONTROL Route Charges
System. The term “EUROCONTROL Route Charges System” means the system established
pursuant to the EUROCONTROL Convention relating to Cooperation for the Safety of Air
Navigation of 13 December 1960, as variously amended, and the Multilateral Agreement
relating to route charges of 12 February 1981. Charges for en route air navigation services
shall be levied as a single charge per flight on the basis of the distance flown within each
charging volume of airspace and of the aircraft weight.
3. Charges for ANS made available at each aerodrome or group of aerodromes shall be levied
as a charge per departing flight, taking into account the aircraft weight by applying the same
weight factor as for en route air navigation services. 57 The charges levied under this Section
shall be billed and collected by the respective ANS Providers unless provided otherwise under
this Code.
4. The details are laid down in a regulation.




56
      Art 15 CC.
57
      Art 6 paragraph 1 to 3 EUROCONTROL l Draft implementing rules on a common charging scheme for
      ANS.

                                                37
DRAFT AIR CODE OF ALBANIA – 18.04.2007

Article 94    Charging principles
The charges shall be cost based and of non-discriminatory nature. The interests of both the air
traffic services providers and users shall be taken into account. 58


Article 95    Unit rates
1. The Republic of Albania shall
       a) Calculate a yearly unit rate for en route air navigation services for each charging
       volume of airspace, in accordance with the EUROCONTROL route charges system.
       b) Ensure that a yearly unit rate is calculated for each aerodrome or group of
       aerodromes. 59
2. For the purpose of charging for en route air navigation services, the Republic of Albania
shall submit to EUROCONTROL its national unit rates, on an annual basis, for approval
pursuant to the EUROCONTROL route charges system. For the purpose of charging air
navigation services made available at aerodromes, the unit rates shall be submitted to the
CAA for approval in accordance with the provisions of this law and the implementing
regulation on ANS. 60


Chapter 6 Search and Rescue, Accident investigation and occurrence
reporting

Section 1      Search and Rescue

Article 96    Search and Rescue Services
1. Search and Rescue operations within the territory of the Republic of Albania are performed
by the National Search and Rescue Centre.
2. Search and Rescue operations for military aircraft are performed by the Air Forces that can
request the assistance of the National Search and Rescue Centre.
3. Rules regarding the organisation of Search and Rescue units and operating procedures are
laid down in a regulation enacted by the Minister of Internal Affairs with the consent of the
Minister of Defence.




58
      ICA O’s policies on charges for airports and ANS (Doc 9082/ 7).
59
      Art 7 paragraph 1 EUROCONTROL Draft implementing rules on a co mmon charging scheme for ANS.
60
      Art 8 EUROCONTROL Draft imp lementing rules on a co mmon charging scheme for ANS.

                                                38
DRAFT AIR CODE OF ALBANIA – 18.04.2007

Article 97    Coope ration with neighbouring states
The cooperation of the National Search and Rescue Centre with foreign search and rescue
services shall take place in accordance with existing bilateral agreements.


Article 98    Costs
1. The costs of the Search and Rescue operation shall be borne by the operator of the aircraft.
2. In order to determine the cost of Search and Rescue services, all that part of the services
allocable to civil aviation of any permanent civil establishment of equipment and personnel
maintained for the purposes of providing such services shall be taken into account. 61


Section 2       Accident Investigation62

Subsection 1 Investigation

Article 99    Obligation to investigation
1. The Republic of Albania shall institute an investigation in the circumstances of any
accident or serious incident occurring on its territory. 63
2. Under this code the term accident shall refer to an occurrence associated with the operation
of an aircraft which takes place between the time any person boards the aircraft with the
intention of flight until such time as all such persons have disembarked, in which
        a) A person is fatally or seriously injured as a result of:
                - being in the aircraft, or
                - direct contact with any part of the aircraft, including parts which have
                become detached from the aircraft, or
                - direct exposure to jet blast,
        Except when the injuries are from natural causes, self- inflicted or inflicted by other
        persons, or when the injuries are to stowaways hiding outside the areas normally
        available to the passengers an crew; or
        b) The aircraft sustains damage or structural failure which:
                - adversely affects the structural strength, performance or flight characteristics
                of the aircraft, and


61
      ICA O’s policies on charges for airport and air navigation services (Doc 9082/ 7), Appendix II;
      EUROCONTROL princip les for establishing the cost base for route facilit ies charges and the calculation
      of the unit rates (Doc No 04.60-01, November 2004), No 2.11.
62
      The provisions of this section imp lement Direct ive 94/56/ EEC of 21 November 1994 establishing the
      fundamental principles governing the investiagtion of civil aviation accidents and incidents.
63
      Directive 94/ 56/ EC.

                                                     39
DRAFT AIR CODE OF ALBANIA – 18.04.2007

                 - would normally require major repair or replacement of the affected
                 component
        Except for engine failure or damage, when the damage is limited to the engine, its
        cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tires,
        brakes, fairings, small dents or puncture holes in the aircraft skin; or
        c) The aircraft is missing or is completely inaccessible. 64
3. Under this code the term incident shall refer to an occurrence, other than an accident,
associated with the operation of an aircraft which affects or could affect the safety of
operation. 65
4. The Republic of Albania may also investigate incidents not covered by paragraph 1 of this
article when it may be expected to draw air safety lessons from it. 66
5. The Republic of Albania shall also investigate accidents and serious incidents involving
aircraft registered in the Republic of Albania or operated by an undertaking established in the
Republic of Albania which have occurred outside its territory when such investigations are
not carried out by another State.


Article 100 Objective of investigation
Under this Code the sole objective of the investigation of an accident or incident shall be the
prevention of accidents and incidents. It shall not be the purpose of such an investigation to
apportion blame or liability. 67


Article 101 Body of investigation68
1. The investigation of accidents and serious incidents is conducted by a competent body
designated by the Minister in charge of transport. The Minister in charge of transport
determines the seat and the organisation of the competent body.
2. The competent body shall be functionally and organisationally independent from the
aviation authorities in charge of airworthiness, licensing, operation of aircraft, maintenance,
licensing of personnel, air traffic control and the operation of aerodromes and from all natural
and legal persons possibly having colliding interests.
3. Instructions as to the initiation of an investigation, the content and the scope of the
investigation as well as to the final investigation report and to the safety recommendations

64
      Annex 13 CC.
65
      Annex 13 CC.
66
      Art 4 para 3 Directive 94/56/ EC.
67
      Annex 13 CC.
68
      Art 6 Directive 94/ 56/ EC.

                                                40
DRAFT AIR CODE OF ALBANIA – 18.04.2007

shall not be issued to the competent body. Instructions iss ued nonetheless shall not be
complied with by the competent body.


Article 102 Status
The investigation conducted by the competent body shall have priority over any other
investigations not fulfilling the objectives mentioned in Article 100.


Article 103 Investigation
1. The competent body shall have unrestricted authority over the conduct of the investigation.
It appoints an investigator-in-charge for each investigation anew.
2. The investigation shall include
          a) The gathering, recording and analysis of all available information on that accident
          or incident
          b) If appropriate, the issuance of safety recommendations
          c) If possible, the determination of the causes; and
          d) The completion of the final report.
3. Any judicial or administrative proceedings aiming to apportion blame or liability shall be
separate from the investigations conducted under this Code.


                                                         69
Article 104 Powe rs of the investigator-in-charge
1. For the purpose of enabling him to carry out an investigation into an accident or incidents
in the most efficient way and within the shortest time, the investigator-in-charge is authorised,
where appropriate in cooperation with the authorities responsible for the judicial inquiry, inter
alia to
          a) Have unhampered access to the site of the accident or incident as well as to the
          aircraft, its wreckage or its contents;
          b) Have immediate access to and use of the contents of flight recorders and other
          recordings to ensure that a detailed examination can be made without delay by
          authorized personnel participating in the investigation;
          c) Ensure an immediate listing of evidence and controlled removal of debris, or
          components for examination or analysis purposes;
          d) Have access to the results of examination of the bodies of victims or of tests made
          on samples taken from the bodies of victims;

69
      Art 5 Directive 94/ 56/ EC.

                                                    41
DRAFT AIR CODE OF ALBANIA – 18.04.2007

       e) Have access to the results of the medical examinations of the victims arranged for if
       appropriate or of tests made on samples taken from such persons;
       f) Examine witnesses;
       g) Have free access to any relevant information or records held by the owner, the
       operator or the manufacturer of the aircraft and by the authorities responsible for civil
       aviation or airport operation.
2. For the purpose of carrying out the investigation the investigator- in-charge shall have
power to
       a) By summons under his hand to call before him and examine all such persons as he
       thinks fit, to require such persons to answer any question or furnish any information or
       produce any books, papers, documents and articles which the investigator- in-charge
       may consider relevant and to retain any such books, papers, documents and articles
       until the completion of the investigation;
       b) To take statements from all such persons as he thinks fit and to require any such
       persons to make and sign a declaration of the truth of the statement made by him;
       c) On production, if required, of his credentials, to enter and inspect any place,
       building or aircraft the entry or inspection whereof appears to the investigator- in-
       charge to be requisite for the purpose of the investigation; the right of inviolability of
       the residence according to Article 37 of the Albanian Constitution is hereby restricted;
       d) On production if required of his credentials, to remove, test, take measures for the
       preservation of or otherwise deal with any aircraft other than an aircraft involved in
       the accident or incident where it appears to the investigator- in-charge requisite for the
       purpose of the investigation, and
       e) To take such measures for the preservation of evidence as he considers appropriate.


Article 105 Participation in the investigation 70
1. The following States are, at their request, entitled to appoint an accredited representative to
participate in the investigation:
       a) State of Registry
       b) State of the Operator
       c) State of Design
       d) State of Manufacture



70
      Annex 13 CC.

                                               42
DRAFT AIR CODE OF ALBANIA – 18.04.2007

2. The accredited representatives may appoint advisers to participate, under the supervision of
the accredited representative, in the investigation to the extent necessary to enable the
accredited representatives to make their participation effective.
3. Participation in the investigation shall confer entitlement to participate in all aspects of the
investigation, under the control of the investigator-in-charge, in particular to:
       a) Visit the scene of the accident;
       b) Examine the wreckage;
       c) Obtain witness information and suggest areas of questioning;
       d) Have full access to all relevant evidence as soon as possible;
       e) Receive copies of all pertinent documents;
       f) Participate in read-outs of recorded media;
       g) Participate in off-scene investigative activities such as component examinations,
       technical briefings, tests and simulations;
       h) Participate in investigation progress meetings including deliberations related to
       analysis, findings, causes and safety recommendations; and
       i) Make submissions in respect of the various elements of the investigation.
4. The National Body of Accident Investigation may admit accredited representatives of other
States than those named in paragraph 1 of this article to participate in the investigation. Their
participation may be limited to those matters to which the National Body of Accident
Investigation admits them.


Subsection 2 Final report

Article 106 Final report
1. Any investigation into an accident or incident shall be the subject of a report in a form
appropriate to the type and seriousness of the accident. The report shall refer to the sole
objective of the investigation pursuant to Article 100 and shall contain, if appropriate, safety
recommendations.
2. The competent body shall forward the final report of the investigation, if possible within 12
months of the date of the accident, to the States referred to in Article 105 paragraph 1, to all
States that participated in the investigation, to the International Civil Aviation Organisation
when the accident or incident involved an aircraft of a MTOM of over 5700 kg and to the
State Parties to the Multilateral Agreement. 71



71
      6.7 Annex 13 CC.

                                                  43
DRAFT AIR CODE OF ALBANIA – 18.04.2007

Article 107 Draft final re port 72
1. A copy of the draft final report shall be send to
        a) The accredited representatives of the States referred to in Article 105
        b) All States that participated in the investigation
        c) The aircraft operator
        d) The organisations responsible for the type design and the final assembly of the
        aircraft
        e) The flight crew
        f) The CAA and the Minister in charge of transport
        g) The designated air navigation service provider
        h) The meteorological service
inviting their significant and substantiated comments on the report as soon as possible.
2. Significant and substantiated comments shall be taken into account in the final report.
Differing comments which have not been taken into consideration in the final report shall be
appended to it. If no comments are received within sixty days of the date of the sending of the
draft, the final report shall be completed.


Subsection 3 Report of data

Article 108 Collection of data
The competent body, the investigator-in-charge and the participants pursuant to Article 105
shall be entitled, in accordance with their respective powers, to collect, process and use the
personal data of persons involved in, affected by or witnessing the accident or serious
incident, to the extent the purpose of the investigation requires it.


Article 109 Dissemination of data
The competent body shall be entitled to disseminate the data collected under Article 108 to
public authorities as far as aviation safety, the grant of licences and permits for aircraft, the
conduct of judicial proceedings, the assertion of claims based on the accident or serious
incident or the information of relatives of persons involved in or affected by the accident or
serious incident require it.




72
      6.3 Annex 13 CC.

                                                 44
DRAFT AIR CODE OF ALBANIA – 18.04.2007

Subsection 4 Costs

Article 110 Costs
1. The Republic of Albania bears the expenses of the investigation.
2. The expenses may be reclaimed from the person who intentionally or in a grossly negligent
manner caused the accident or serious incident. The right to reclaim prescribes after the
expiration of two years after the entry of non-appealability of the judicial or administrative
decision.
3. The owner bears the costs for the removal of the aircraft or the wreckage. This applies also
if the investigator- in-charge ordered the removal for purposes of the investigation. This
paragraph is without prejudice to the possibility of recourse.


Section 2       Occurrence reporting

Article 111 Occurrence reporting
1. The sole objective of occurrence reporting is the prevention of accidents and incidents and
not to attribute blame or liability.
2. The Minister in charge of transport enacts a regulation containing detailed rules on
occurrence reporting, especially on the collection and storage, the exchange, the
dissemination and the protection of information.


Article 112 Mandatory reporting 73
1. The following persons shall, in the exercise of their functions, report to the CAA
occurrences in the Republic of Albania which endanger or which, if not corrected, would
endanger an aircraft, its occupants or any other person
        a) The operator of a turbine-powered or a public transport aircraft;
        b) The pilot-in-command of a turbine-powered or a public transport aircraft;
        c) A person who carries out the business of designing, manufacturing, maintaining or
        modifying a turbine-powered or a public transport aircraft, or any equipment or part
        thereof;
        d) A person who signs a certificate of release to service in respect to a turbine-
        powered or a public transport aircraft or any equipment or part thereof
        e) A person who performs a function which requires him to be authorised by the
        Republic of Albania as an air traffic controller or as a flight information officer;


73
      Art 4 Directive 2003/42/ EC.

                                                45
DRAFT AIR CODE OF ALBANIA – 18.04.2007

       f) A manager of an airport covered by Council Regulation (EEC) No 2408/92 of 23
       July 1992 on access for Community air carriers to intra-Community air routes;
       g) A person who performs a function connected with the installation, modification,
       maintenance, repair, overhaul, flight-checking or inspection of air navigation facilities
       h) A person who performs a function connected with the ground-handling of aircraft,
       including fuelling, servicing, loadsheet preparation, loading, de- icing and towing
2. Under this Code the term “occurrence” refers to an operational interruption, defect, fault or
other irregular circumstance that has or may have influenced flight safety and that has not
resulted in an accident or serious incident as defined in Article 99.
3. Paragraph 1 of this article applies also to occurrences involving Albanian aircraft outside
the territory of the Republic of Albania and to occurre nces involving foreign aircraft which
are, at the time of the occurrence, operated by an Albanian operator.


Article 113 Voluntary Reporting 74
1. Every person exercising, in other civil aviation operations, functions similar to those listed
in Article 111 paragraph 1 should report to the CAA occurrences in the Republic of Albania
which endanger or which, if not corrected, would endanger an aircraft, its occupants or any
other person.
2. Voluntary reports presented to the CAA shall be subjected to a process of disidentification
by it where the person reporting requests that his identity is not recorded on the databases. 75


Chapter 7 Security

Article 114 Competent Authority
1. Unless otherwise provided under this Code, the CAA is the Responsible Authority for Civil
Aviation Security.
2. It shall fulfil the functions of the National Civil Aviation Security Committee as foreseen in
Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16
December 2002 establishing common rules in the field of civil aviation security.
3. The CAA is in charge of:
       a) The establishment and implementation of appropriate measures in order to prevent
       acts of unlawful interference with civil aviation,
       b) Drafting and implementation of

74
      Art 9 Directive 2003/42/ EC.
75
      Art 9 paragraph 2 Directive 2003/ 42/ EC.

                                                  46
DRAFT AIR CODE OF ALBANIA – 18.04.2007

               - The National Civil Aviation Security Programme in accordance with
               Regulation (EC) No 2320/2002. The programme shall be approved by the
               Council of Ministers,
               - The National Civil Aviation Security Training Programme in accordance
               with Regulation (EC) No 2320/2002,
               - The National Civil Aviation Security Quality Control Programme in
               accordance with Commission Regulation (EC) No 1217/2003 of 4 July 2003
               laying down common specifications for national civil aviation security quality
               control programmes,
       c) Approval of the Aerodrome Security programmes set up by air carriers and
       operators of aerodromes,
       d) Control of the implementation of the provisions made in the Aerodrome Security
       Programmes by the air carriers and operators of aerodromes,
       e) Coordination of the activities of the military forces of the Republic of Albania, state
       security institutions, police and customs services, air carriers and operators of
       aerodromes,
       g) Performance of background checks of personnel as provided for under this Code.
4. In fulfilling these functions the CAA shall seek consult by the Minister of Internal Affairs,
the Minister in charge of transport and any other Minister where appropriate.


Section 1      General Security Measures

Article 115 General Rights and Duties of the CAA
Unless otherwise provided for by this Code, the CAA shall impose all measures necessary to
prevent unlawful interferences with civil aviation security.


Article 116 National Civil Aviation Security Programme
The National Civil Aviation Security Programme is the basic legal document that contains all
measures for the protection of air traffic from acts of unlawful interference in accordance with
the international obligations of the Republic of Albania.


Article 117 National Civil Aviation Security Training Programme
1. The Minister of Internal Affairs shall develop and implement a National Civil Aviation
Security Training Programme in accordance with Regulation (EC) No 2320/2002 of the
European Parliament and of the Council of 16 December 2002 establishing common rules in

                                               47
DRAFT AIR CODE OF ALBANIA – 18.04.2007

the field of civil aviation security. The Programme sha ll aim to enable the members of the
flight and cabin crew as well as the ground personnel to implement aviation security
requirements and to respond to acts of unlawful interference with civil aviation security.
2. The National Aviation Security Training Programme shall include rules on the selection,
qualification, training, certification of the said personnel.


Article 118 Aerodrome Security Programme
1. Each operator of an aerodrome shall establish, implement and maintain an Aerodrome
Security Programme appropriate to meet the requirements of the National Civil Aviation
Security Programme.
2. The Aerodrome Security Programme shall cover the following matters
        a) Establishment of boundaries between landside and airside
        b) Establishment of security restricted areas at each aerodrome
        c) Access control to airside and security restricted areas in accordance with Regulation
        (EC) No 2320/2002 of the European Parliament and of the Council of 16 December
        2002 establishing common rules in the field of civil aviation security
        d) Background check and training of personnel with access to security restricted areas


Article 119 Air Carrie r Security Programme
Every air carrier providing services from the Republic of Albania shall establish, implement
and maintain an Air Carrier Security Programme appropriate to meet the requirements of the
National Civil Aviation Security Programme.


Article 120 Background check of personnel
1. All staff requiring access to security restricted areas or working in security relevant
positions shall be subject to a minimum 5- year background check. The check shall be
repeated at regular intervals not exceeding 5 years. Details shall be established in a regulation
enacted by the Minister of Internal Affairs.
2. The background checks shall be performed by the Ministry of Internal Affairs.


Section 2      Security measures before flight

Article 121 Security restricted areas




                                                 48
DRAFT AIR CODE OF ALBANIA – 18.04.2007

Security restricted areas and other airside areas shall be controlled at all times to ensure that
no unauthorised person enters these areas and that no prohibited substances and objects are
introduced into security restricted areas or aircraft.


Article 122 Measures relating to parked aircraft and aircraft in service
All parked aircraft and aircraft in service shall be subject to repeated security controls,
including searching, protection and surveillance. The details are laid down in a regulation by
the Minister of Internal Affairs.


Subsection 1 Measures relating to passengers and their cabin baggage

Article 123 Screening and separation of passengers
1. All departing passengers and their cabin baggage, unless previously screened in accordance
with the standards laid down in Regulation (EC) No 2320/2002 of the European Parliament
and of the Council of 16 December 2002 establishing common rules in the field of civil
aviation security, shall be screened to prevent prohibited articles form being introduced into
the security restricted areas and on board an aircraft. Under this Code the term departing
passengers refers to originating and transfer passengers.
2. The methods of screening and the prohibited articles shall be determined in a regulation by
the Minister of Internal Affairs.
3. Any prohibited articles shall be removed from the passenger's possession or the passenger
shall be denied access into the security restricted area or the aircraft as appropriate.
4. Screened departing passengers shall be separated from arriving passengers who have not
been screened to the standard detailed in the regulation mentioned in paragraph 2 of this
article. Where a physical separation of the passengers is not possible, the security objective
shall be achieved by means of compensatory measures in accordance with the risk assessment
conducted by the Minister of Internal Affairs.


Article 124 Measures relating to hold baggage, cargo, courier and express parcels, air
        carrier mail and material and equipment
The Minister of Internal Affairs shall determine security measures relating to hold baggage,
cargo, courier and express parcels, air carrier mail and material and equipment in a regulation.


Section 3      Security measures on board



                                                 49
DRAFT AIR CODE OF ALBANIA – 18.04.2007

Article 125 Pilot-in-command
1. The owner or operator of an aircraft shall designate a pilot-in-command for every flight or
portion of a flight.
2. If a person on board the aircraft endangers the aviation safety or security or the passengers
and property on board, or disturbs the order on board the aircraft, the pilot- in-command shall
have the right to take all necessary measures to prevent such acts. He may disembark such
person at the first airport the aircraft may land.
3. If a crime is planned to be committed by a crew member or any other person on board the
aircraft, the pilot- in-command shall be obliged to take all necessary measures to prevent such
criminal act. In case a crime has been committed, the pilot- in-command shall be obliged to
ease the consequences thereof taking care of the security and safety of the passengers, crew
members and of the aircraft itself.
4. In case of paragraph 2 and 3 of this article, the necessary measures include the right to:
        a) Refuse taking on board crew members, passengers or cargo and to order
        disembarkation of passengers and cargo if the circumstances require this;
        b) Require the passengers to render help, if needed
        c) Take measures to investigate a crime or act of violence on board the aircraft;
        d) Stop unruly passengers and hand them over to responsible authorities after landing;
        e) Take a final decision on taking off and landing, on flight termination and return to
        the aerodrome or on emergency landing in cases of threats to the aircraft;
        f) Disembark in the territory of any State in which the aircraft lands any person of
        whom he has reasonable grounds to believe that this person has committed, or is about
        to commit, on board the aircraft an act as defined in paragraph 2 or 3 of this article.
5. In case of emergency landing, the pilot- in-command is in charge of the rescue operations of
passengers until this responsibility is taken over by the National Search and Rescue Centre.


Article 126 Report of incidents
1. The pilot-in-command shall immediately report every incident mentioned in Article 125 to
the CAA.
2. The CAA shall forward every report mentioned in paragraph1 of this article to the Ministry
of Internal Affairs, the Minister in charge of transport and to the General Prosecutor of the
Republic of Albania.




                                                 50
DRAFT AIR CODE OF ALBANIA – 18.04.2007

3. The pilot- in-command shall upon request report to the authorities of the State in which he
disembarks any person pursuant to Article 125 paragraph 4 f), the fact of, and the reasons for,
such disembarkation.


Section 4      Security Inspections

Article 127 National Civil Aviation Security Quality Control Programme
The National Civil Aviation Security Quality Control Programme shall contain all necessary
quality control monitoring measures taken to assess on a regular basis the implementation of
the national civil aviation security programme, including the policies on which they are based.


Article 128 Objects of inspection
The measures of the National Civil Aviation Security Quality Control Programme shall be
imposed on every person or entity that is subject to the National Security Programme.


Article 129 Measures of Inspections
The measures of inspections include security audits, inspections, surveys, tests and
investigation by qualified auditors. Further details shall be established in a regulation by the
Ministry of Internal Affairs in compliance with Commission Regulation (EC) No 1217/2003
of 4 July 2003 laying down common specifications for national civil aviation security quality
control programmes.




Chapter 8 Liability and passenger rights

Section 1      General rules

Article 130 Conve rsion of monetary units
Conversion of the sums expressed in Special Drawing Rights (SDR) into Lek shall, in case of
judicial proceedings be made according to the value of Lek in terms of the Special Drawing
Right at the date of the judgement of the trial court, or at the date of payment. The value of
Lek, in terms of the Special Drawing Right, shall be calculated in accordance with the method
of valuation applied by the International Monetary Fund, in effect at that date, for its
operations and transactions.



                                              51
DRAFT AIR CODE OF ALBANIA – 18.04.2007

2. The term Special Drawing Right refers to special drawing rights as defined by the
International Monetary Fund.




Article 131 Juris diction
1. An action for damages may also be brought before the court of forum actus.
2. With regard to actions based on Article 143 to Article 145 the court at the place of
destination may also be competent. In the case of Article 148 actions against the actual carrier
may also be brought before the court having jurisdiction regarding the contracting carrier and
actions against the contracting carrier may be brought before the court having jurisdiction
regarding the actual carrier.
3. If the carriage by air is subject to the Montreal Convention the jurisdiction is governed by
this Convention. If Albanian Courts have jurisdiction according to Article 33 paragraph 2 of
the Montreal Convention, actions for damages based on death or bodily injury of a passenger
shall be brought before the court at the principal and permanent residence of the passenger at
the date of the accident.


Section 2      Liability for 3 rd party damages

Article 132 Liability of the aircraft operator
1. The operator of an aircraft is liable for damage sustained in case of death or bodily injury of
person or for damage to property provided that the accident which caused the damage
occurred in the course of aircraft operations. For the purposes of this article, the term
“operator” shall mean the person who was making use of the aircraft at the time the damage
was caused, provided that if control of the navigation of the aircraft was retained by the
person from whom the right to make use of the aircraft was derived, whether directly or
indirectly, that person shall be considered the operator. A person shall be considered to be
making use of the aircraft when he is using it personally or when his servants or agents are
using the aircraft in the course of their employment, whether or not within the scope of their
authority. The registered owner of the aircraft shall be presumed to be the operator and shall
be liable as such unless, in the proceedings for the determination of his liability, he proves
that some other person was the operator and, as insofar as legal procedures admit, takes
appropriate measures to make that other person a party in the proceedings. The term “aircraft
operation” includes the use of an aircraft from the moment when power is applied to its
engines for the purpose of taxiing or actual take-off until the moment when it is on the surface

                                               52
DRAFT AIR CODE OF ALBANIA – 18.04.2007

and its engines have come to a complete stop; additionally, it shall mean the moving of an
aircraft by towing and push-back vehicles or by powers which are typical for the drive and the
lift of aircraft, particularly air streams.
2. Contractual liability and liability for military aviation activities are subject to Part 2,
Chapter 8, Section 3 and Section 4 of this Code.
3. A person who sustained damages during his own aviation training can base a claim against
the trainer only on general statutory provisions.
4. If an aircraft is used without the knowledge and the consent of the owner, the user is liable
instead of the owner. If the owner made the use of the aircraft possible by his own fault, he is
jointly liable. If the user is employed by the aircraft owner or if he uses the aircraft with the
consent of the owner, the owner is liable. The liability of the aircraft user based on general
statutory provisions is not affected.


Article 133 Exoneration
In case the injured person contributed to the damage by his own fault, general statutory
provisions apply. In case of a material damage the same applies to a person who exercises
effective control over an object.


Article 134 Compensation in case of death
1. In case of death of a person, the compensation includes the cost of unsuccessful medical
treatment, the loss of personal income of the victim due to the accident during the illness and
the cost of the funeral, which are to be reimbursed to the person who is obliged to bear this
cost.
2. If the killed person was obliged to pay statutory maintenance to a third person at the time of
the accident, or would have been obliged in the future, and this person is deprived of this right
due to the accident, the person liable for compensation shall be held liable for the
maintenance which the killed person would have been obliged to pay during her presumed
lifespan. The same right is granted to a third person who has been conceived but not yet been
born at the time of the accident.


Article 135 Compensation in case of bodily injury
In the case of bodily injury, the compensation includes the cost of medical treatment as well
as the pecuniary loss which the victim sustains due to the temporary or permanent loss or



                                               53
DRAFT AIR CODE OF ALBANIA – 18.04.2007

reduction of his earning ability, due to locomotion restrictions or due to increased personal
needs. The victim may claim a just pecuniary compensation for non-pecuniary damages.


Article 136 Amount of liability
1. The maximum amount of liability per accident shall be limited for an aircraft with a
MTOM of
       a) Less than 500 kilogram to 750.00 SDR.
       b) Less than 1000 kilogram to 1.500.000 SDR.
       c) Less than 2700 kilogram to 3.000.000 SDR.
       d) Less than 6000 kilogram to 7.000.000 SDR.
       e) Less than 12000 kilogram to 18.000.000 SDR.
       f) Less than 25000 kilogram to 80.000.000 SDR.
       g) Less than 50000 kilogram to 150.000.000 SDR.
       h) Less than 200000 kilogram to300.000.000 SDR.
       i) Less than 500000 kilogram to 500.000.000 SDR.
       j) 500.000 kilogram or more to 700.000.000 SDR. 76
2. In case of death and of bodily injury, the liability is limited to 10 million Lek.
3. If the total amount of compensation to be attributed to several victims of the same accident
exceeds the maximum amount as prescribed in paragraph 1 of this article, the compensation to
be paid to each victim shall be proportionally reduced according to the ratio of the total
amount claimed and the maximum amount according paragraph 1 of this article.
4. If personal damages and material damages are claimed two-thirds of the maximum amount
according to paragraph 1 of this article shall be preferably attributed to personal damages. If
this amount is not sufficient to cover all claims, it has to be attributed proportionally. One-
third of the maximum amount shall be proportionally attributed to material damages and to
personal damages which are not yet covered.


Article 137 Compensation by periodical payment
1. In case a victim temporarily or permanently looses his earning ability or the said is reduced,
compensation shall be paid by periodical payment. The same applies to compensation to be
paid due to locomotion restrictions or increased personal needs or to be aid to a third person



76    Regulation (EC) No 785/ 2004 of the European Parliament and of the Council of 21 April 2004 on
      insurance requirements for air carriers and aircraft operators, Article 7 (1).


                                                 54
DRAFT AIR CODE OF ALBANIA – 18.04.2007

according to Article 134 paragraph 2 of this Code. In this regard, the general statutory rules
apply.
2. If a periodical payment has been attributed, the beneficiary may subsequently ask for
security or the increase of such if the financial circumstances of the person liable significantly
deteriorate.


Article 138 Limitation of action
The general statutory provisions on torts apply accordingly also to the limitation of action
under this Chapter.


Article 139 Disclosure duty
The beneficiary shall lose his rights under this Code, if he fails to disclose the accident within
a period of not longer than three month after he became aware of the damages and the person
liable, to this person. This deprivation shall not occur if the beneficiary fails to disclose the
accident because of circumstances for which he is not responsible, or if the liable person gains
himself otherwise knowledge of the accident within this period.


Article 140 Damage caused by more than one aircraft
1. If damages are caused by more than one aircraft, the operator of the aircrafts shall be jointly
and severally liable.
2. Inter partes, the operators of the aircrafts shall be held liable according to the extent to
which the damages have been caused predominately by on or the other. The same applies to
damages inflicted to one operator regarding the liability of the other operator.


Article 141 Liability based on other statutory provisions
Other statutory provisions by which the operator or the user or any other third person may be
held liable to a wider extent for damage which occurred in the course of aircraft operations
are not affected by the foregoing Articles.


Section 3      Contractual liability

Article 142 Scope of Application
The provisions of this chapter shall apply to the liability based on a contract of carriage by air
for death and bodily injury of a passenger in the cause of an accident, the delayed transport of
a passenger and the destruction, loss, damage or delay of baggage and to its insurance only if

                                               55
DRAFT AIR CODE OF ALBANIA – 18.04.2007

       a) The Convention for the Unification of Certain Rules Relating to International
       Carriage by Air, agreed at Montreal on 28 May 1999 (Montreal Convention), or
       b) Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers,
       or
       c) Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents
       amended by Regulation (EC) No 889/2002 of the European Parliament and of the
       Council of 13 May 2002, or
       d) Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21
       April 2004 on insurance requirements for air carriers and aircra ft operators,
are not applicable or do not contain relevant provisions.


Article 143 Personal damages
1. The carrier is liable for damage sustained in case of death or bodily injury of a passenger
upon condition only that the accident which caused the death or injury took place on board the
aircraft or in the course of any of the operations of embarking or disembarking.
2. The carrier shall not be liable for damages arising under paragraph 1 of this article to the
extent that they exceed for each passenger 100.000 SDR if the carrier proves that:
       a) Such damage was not due to the negligence or other wrongful act or omission of the
       carrier or its servants or agents; or
       b) Such damage was solely due to the negligence or other wrongful act or omission of
       a third party.
The maximum amount of paragraph 2 of this article also applies to a periodical payment
which has to be paid as compensation.
3. If the total amount of compensation to be paid under paragraph 1 of this article to several
beneficiaries for the death or personal injury of one passenger exceeds 100.000 SDRs, and if
the carrier is exonerated from further liability according paragraph 2 of this article, the
respective liability sums shall be proportionally reduced according to the ratio of the total
amount claimed and the maximum amount according paragraph 2 of this article.


Article 144 Delay of transportation
1. The carrier is liable for damage caused by delay in the carriage by air of passengers.
Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it
and its servants and agents took all measures that could reasonably be required to avoid the
damage or that it was impossible for it or them to take such measures.


                                               56
DRAFT AIR CODE OF ALBANIA – 18.04.2007

2. In the case of damage caused by delay as specified in paragraph 1 of this article in the
carriage of persons, the liability of the carrier for each passenger is limited to 4.150 SDRs.
This shall not apply if it is proved that the damage resulted from an act or omission of the
carrier, its servants or agents, done with intent to cause damage or in a grossly negligent
manner.


Article 145 Damage to baggage
1. The carrier is liable for damage sustained in case of destruction or loss of, or of damage to,
checked baggage upon condition only that the event which caused the destruction, loss or
damage took place on board the aircraft or during any period within which the checked
baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent
that the damage resulted from the inherent defect, quality or vice of the baggage.
2. The carrier is liable for damage sustained in case of delay of checked baggage upon
condition only that the event which caused the destruction, loss or damage took place on
board the aircraft or during any period within which the checked bagga ge was in the charge of
the carrier, unless if it proves that it and its servants and agents took all measures that could
reasonably be required to avoid the damage or that it was impossible for it or them to take
such measures.
3. In case of loss or destruction of or damage to unchecked baggage, including personal items,
the carrier is liable, provided that it, its servants and agents acted with fault. In case of delay,
paragraph 2 of this article applies accordingly.
4. In the case of paragraphs 1-3 of this article, the liability of the carrier for destruction, loss,
damage or delay is limited to 1.000 SDRs for each passenger unless the passenger has made,
at the time when the checked baggage was handed over to the carrier, a special declaration of
interest in delivery at destination and has paid a supplementary sum if the case so requires. In
that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it
proves that the sum is greater than the passenger's actual interest in delivery at destination.
5. Paragraph 4 of this article does not apply if the damage is intentionally or in a grossly
negligent manner caused by the carrier, its servants or agents.
6. In the case of damage, the person entitled to delivery must complain to the carrier forthwith
after the discovery of the damage, and, at the latest, within seven days from the date of receipt
in the case of checked baggage. In the case of delay, the complaint must be made at the latest
within 21 days from the date on which the baggage has been placed at his or her disposal.
Every complaint must be made in writing and given or dispatched within the times aforesaid.


                                                 57
DRAFT AIR CODE OF ALBANIA – 18.04.2007

If no complaint is made within the times aforesaid, no action shall lie against the carrier, save
in the case of fraud on its part. If the passenger accepts checked baggage without any
reservation, it is presumed that it has been delivered without damage.
7. If checked baggage is lost, claims according to paragraph 1 of this article may only be
made if the carrier admits the loss or a period of 21 days after the date on which the baggage
should have been arrived has expired.


Article 146 Liability based on other statutory provisions
1. A claim for damages can only be made under the conditions and limitations which are
provided for in this Chapter regardless which statutory provision it may be based upon.
2. Statutory provisions by which another person may be held liable are not affected. If an
action is brought against a servant or agent of the carrier arising out of damage to which t his
Chapter relates, such servant or agent, if they prove that they acted within the scope of their
employment, shall be entitled to avail themselves of the conditions and limits of liability
which the carrier itself is entitled to invoke under this Chapter.
3. The aggregate of the amounts recoverable from the carrier, its servants and agents, in that
case, shall not exceed the said limits.


Article 147 Successive Carriage by Air
1. If the carriage by air is performed by various successive carriers and results in the death or
the bodily injury or the delay of a passenger, only the carrier shall be liable which actually
performed the carriage by air during which the accident or the delay occurred, unless, by
express agreement, the first carrier assumed liability for the whole journey.
2. As regards baggage, the first carrier and the last carrier, and further, the carrier which
performed the carriage during which the destruction, loss, damage or delay took place shall be
held jointly and severally liable.


Article 148 Carriage by air performe d by a person other than the contracting carrier
1. The provisions of this article apply when a person, hereinafter referred to as the contracting
carrier, as a principal makes a contract of carriage with a passenger or with a person acting on
behalf of the passenger, and another person, hereinafter referred to as the actual carrier,
performs, by virtue of authority from the contracting carrier, the whole or part of the carriage,
but is not with respect to such part a successive carrier according to Article 147 paragraph 1.



                                                58
DRAFT AIR CODE OF ALBANIA – 18.04.2007

Such authority shall be presumed in the absence of proof to the contrary. The contracting
carrier and the actual carrier shall be held jointly and severally liable.
2. If the actual carrier performs the carriage by air only on a section of the journey, he shall be
held liable only for those damages which occur on this section.
3. Acts and omissions of the actual carrier and of its servants and agents acting within the
scope of their employment shall, in relation to the carriage performed by the actual carrier, be
deemed to be also those of the contracting carrier. Acts and omissions of the contracting
carrier and of its servants and agents acting within the scope of their employment shall, in
relation to the carriage performed by the actual carrier, be deemed to be also those of the
actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability
exceeding the amounts referred to in Article 143 to Article 145 of this Code. Any special
agreement under which the contracting carrier assumes obligations not imposed by this
Chapter or any waiver of rights or defences conferred by this Chapter or any special
declaration of interest in delivery at destination contemplated in Article 145 paragraph 2 shall
not affect the actual carrier unless agreed to by it.
4. In relation to the carriage performed by the actual carrier, an action for damages may be
brought, at the option of the plaintiff, against that carrier or the contracting carrier, or against
both together or separately. If the action is brought against only one of those carrie rs, that
carrier shall have the right to require the other carrier to be joined in the proceedings.
5. In relation to the carriage performed by the actual carrier, any servant or agent of that
carrier or of the contracting carrier shall, if they prove that they acted within the scope of their
employment, be entitled to avail themselves of the conditions and limits of liability which are
applicable under this Chapter to the carrier whose servant or agent they are.
6. In relation to the carriage performed by the actual carrier, the aggregate of the amounts
recoverable from that carrier and the contracting carrier, and from their servants and agents
acting within the scope of their employment, shall not exceed the highest amount which could
be awarded against either the contracting carrier or the actual carrier under this Chapter, but
none of the persons mentioned shall be liable for a sum in excess of the limit applicable to
that person.


Article 149 Applicable provisions
Article 133 to Article 135 and Article 137 also apply to contractual liability under this
Chapter.



                                                 59
DRAFT AIR CODE OF ALBANIA – 18.04.2007

Article 150 Limitation of actions
The right to damages shall be extinguished if an action is not brought within a period of two
years, reckoned from the date of arrival at the destination, or from the date on which the
aircraft ought to have arrived, or from the date on which the carriage stopped.


Article 151 Mandatory application
Any clause contained in the contract of carriage and all special agreements entered into before
the damage occurred by which the parties purport to infringe the rules laid down by this
Chapter, shall be null and void.


Section 4      Liability for military aircraft

Article 152 Damages to 3rd Parties
1. If a military aircraft causes damages mentioned in Article 132, the owner shall be held
liable according to the provisions of Chapter 2 with the exception of Article 136.
2. If the dead or injured person was statutorily obliged to render services to a third person in
her household or business, the owner of the military aircraft is obliged to compensate by
periodical payment the third person for lost services.


Article 153 Damage to passengers
1. If a passenger on a military aircraft is killed or bodily by an accident, the operator shall be
liable. His liability is limited to ???? Lek per passenger if
        a) The damage has not been caused by his unlawful and intentional action or omission
        or by the unlawful and intentional action or omission of his servants, or
        b) The damage has exclusively been caused by an unlawful and intentional action or
        omission of a third person.
2. If in case of transport on a military aircraft, baggage or items which the passenger carried
with him are destroyed or damaged by an accident, the operator of the aircraft is liable. The
liability is limited to ???? Lek unless the damage has been caused by the owner or his servants
within the scope of their employment intentionally or in a grossly negligent manner.
3. Article 139, Article 143 paragraph 3, Article 146 and Article 149 are applicable
accordingly.
4. The liability under this Article cannot be excluded or limited beforehand by agreement.




                                                 60
DRAFT AIR CODE OF ALBANIA – 18.04.2007


Section 5       Insurance

Article 154 Mandatory Insurance
1. The following paragraphs apply only to the liability insurance of the aircraft operator if
Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers or
Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April
2004 on insurance requirements for air carriers and a ircraft operators do not apply or do not
contain provisions on the subject matter.
2. The operator of an aircraft is obliged to maintain an insurance which covers his liability
under this Code. This insurance obligation does not apply to aircraft which are owned by the
Republic of Albania.
3. The same applies to carriers regarding the coverage of their liability based on a contract of
carriage by air under this Code. The insurance obligation does not apply if the Republic of
Albania is the carrier.
4. The minimum amount according to paragraph 2 and paragraph 3 of this article shall be laid
down in a regulation by the Minister in charge of transport.
5. If the actual carrier performs carriage by air on behalf of the contracting carrier, the
obligation of the contracting carrier to maintain liability insurance does only exists if
        a) The actual carrier does not maintain a liability insurance with an, which responds to
        the conditions set out in paragraph 3 of this article or in Articles 4 paragraph 1 and
        Article 6 paragraph 1 and 2 of Regulation (EC) No 785/2004 of the European
        Parliament and of the Council of 21 April 2004 on insurance requirements for air
        carriers and aircraft operators, or
        b) Its liability exceeds the liability of the actual carrier.




Section 6       Passenger Protection

Article 155 Denied boarding, of cancellation or long delay of flights
1. In case of denied boarding, of cancellation or long delay of flights, compensation and
assistance to passengers are governed by Regulation (EC) No 261/2004 of the European
Parliament and of the Council of 11 February 2004 establishing common rules on




                                                   61
DRAFT AIR CODE OF ALBANIA – 18.04.2007

compensation and assistance to passengers in the event of denied boarding and of cancellation
or long delay of flights, and repealing Regulation (EEC) No 295/91 77 .
2. Paragraph 1 of this article applies without prejudice to further passenger rights based on a
contract for carriage by air according to Chapter 3.
3. The CAA shall be the designated body according to Article 16 of the said Regulation.
4. The Ministry of Public Work, Transport and Telecommunication shall determine by
regulation the sanctions for the infringement according to Article 16 paragraph 3 of the said
Regulation.


Article 156 Information on the identity of the operating carrier
1. Upon reservation, the air carriage contractor shall inform the passenger of the identity of
the operating carrier or carriers, whatever the means used to make the reservation.
2. Where the identity of the operating carrier or carriers is not yet known at the time of
reservation, the air carriage contract shall ensure that the passenger is informed of the name or
names of the air carrier or carriers that is or are likely to act as operating carrier or carriers on
the flight or flights concerned. In such case, the air carriage contract shall ensure that the
passenger is informed of the identity of the operating air carrier or carriers as soon as such
identity is established.
3. Wherever the operating air carrier or carriers is or are changes after reservation, the air
carriage contractor shall, irrespective of the reason for the change, take immediately all
appropriate steps to ensure that the passenger is informed of the change as soon as possible. In
all cases, passengers shall be informed at check-in, or on boarding where a check- in is
required for a connecting flight.
4. The air carrier or the tour operator, as the case may be, shall ensure that the relevant air
carriage contractor is informed of the identity of the operating air carrier or carriers as soon as
this is known, in particular in the event of a change of such identity.
5. If a ticket seller has not been informed of the identity of the operating air carrier, it shall not
be responsible for nor complying with the obligations provided for in this Article.
6. The obligation of the air carriage contractor to inform passengers of the identity of the
operating air carrier or carriers shall be specified in the general terms of sale applicable to the
contract of carriage.




77
      OJ L 046, 17.02.2004, p. 1 subs.

                                                 62
DRAFT AIR CODE OF ALBANIA – 18.04.2007

Article 157 Right to reimbursement or re-routing
1. Article 156 shall not affect the right of reimbursement or re-routing as provided for in
Regulation (EC) No 261/2004 according to Article 155.
2. In cases where Regulation (EC) No 261/2004 does not apply, and
        a) The operating air carrier notified to the passenger has been entered on the
        Community list and is subject to an operating ban which has led to the cancellation of
        the flight concerned, or which would have led to such cancellation if the flight had
        been operated in the Community, or
        b) The operating air carrier notified to the passenger has been replaced by another
        operating air carrier which has been entered on the Community list and is subject to an
        operating ban which has led to the cancellation of the flight concerned, or which
        would have led to such cancellation if the flight concerned had been operated in the
        Community,
the air carriage contractor which is party to the contract of carriage shall offer the right to
reimbursement or re-routing provided for in Article 8 of Regulation (EC) No 261/2004,
provided that, where the flight has not been cancelled, the passenger has not chosen not to
take that flight.
3. Paragraph 2 of this Article shall apply without prejudice to Article 13 of Regulation (EC)
No 261/2004.


Article 158 Applicability and definitions
1. Article 156 and Article 157 shall apply in respect of the carriage of passengers by air,
where the flight is part of contract of carriage and that carriage started in the community or a
Member State of the Multilateral Agreement, and
        a) The flight departs from an airport on the territory of a Member to which the Treaty
        establishing the European community applies or a Member State of the Multilateral
        Agreement; or
        b) The flight departs from an airport in a third country and arrives at an airport on the
        territory of a Member to which the Treaty establishing the European Community
        applies or a Member State of the Multilateral Agreement; or
        c) The flight departs form an airport in a third country and arrives at another such
        airport.
2. Article 156 and Article 157 shall apply whether the flight is scheduled or non-scheduled
and whether the flight is part of a package or not, and shall not affect the rights of passengers


                                               63
DRAFT AIR CODE OF ALBANIA – 18.04.2007

under (rules on package travel in other Albanian legislation) and (rules on CRS in other
Albanian legislation).
3. The terms used in Article 156 to Article 158 are those in Article 2 of Regulation (EC)
2111/200578 .
4. The Minister in charge of transport shall determine by regulation the sanctions for the
infringement of Article 156 to Article 157 according to Article 13 of the said Regulation.


Chapter 9 Offences, Punishment and Fines79

Article 159 Punishme nt
The punishment of the criminal acts according to Article 160 to Article 162 is determined in
accordance with the Criminal Code.


Article 160 Unlawful seizure of Aircraft
Any person commits an offence if he on board an aircraft in flight
       a) unlawfully, by force or threat thereof, or by any other form of intimidation, seizes
       or exercises control of that aircraft or attempts to perform any such act, or
       b) is an accomplice of a person who performs or attempts to perform any such act.


Article 161 Unlawful interfe rence on board an aircraft
1. Any person commits an offence if he unlawfully and intentionally:
       a) Performs an act of violence against a person on board an aircraft in flight if that act
       is likely to endanger the safety of that aircraft; or
       b) Destroys an aircraft in service or causes damage to such an aircraft which renders it
       incapable of flight or which is likely to endanger its safety in flight; or
       c) Places or causes to be placed on an aircraft in service, by any means whatsoever, a
       device or substance which is likely to destroy that aircraft, or to cause damage to it
       which renders it incapable of flight, or to cause damage to it which is likely to
       endanger its safety in flight; or
       d) Destroys or damages air navigation facilities or interferes with their operation, if
       any such act is likely to endanger the safety of aircraft in flight; or

78
      Regulation (EC) 2111/ 2005 of the European Parliament and of the council on the establishment of a
      community list of air carriers subject to an operating ban within the Commun ity and on informing air
      transport passengers of the identity of the operating air carrier, and repealing Article 9 o f Direct ive
      2004/36/ EC, OJ L 344, 27.12.2005, p. 15 subs.
79
      The follo wing list includes the most important administrative offences and may be complemented
      according to the needs and admin istrative practice of the Republic of Albania.

                                                     64
DRAFT AIR CODE OF ALBANIA – 18.04.2007

       e) Communicates information which he knows to be false, thereby endangering the
       safety of an aircraft in flight.
2. The criminal responsibility of any person
       a) Attempting to commit any of the offences mentioned in paragraph 1 of this article;
       or
       b) Being an accomplice of a person who commits or attempts to commit any such
       offence
is determined by the Criminal Code.


Article 162 Unlawful Interference at aerodromes
Any person commits an offence if he unlawfully and intentionally, using any device,
substance or weapon:
       a) Performs an act of violence against a person at an airport serving international civil
       aviation which causes or is likely to cause serious injury or death; or
       b) Destroys or seriously damages the facilities of an airport serving international civil
       aviation or aircraft not in service located thereon or disrupts the services of the airport


Article 163 Report of Incidents
Any act described in Article 162 to Article 160 shall be reported immediately to the Minister
of Internal Affairs and the Minister in charge of transport, which shall forward the relevant
information to the General Prosecutor of the Republic of Albania.


Article 164 Administrative offences
1. The following contraventions of this Air Code and regulations enacted hereunder shall be
considered as administrative offences and the perpetrator shall be subject of an administrative
fine in accordance with paragraph 2 of this Article:
       a) If carriage by air according to Article 11 is performed without a valid operating
       licence.
       b) If commercial air transport is performed without a valid AOC according to Article
       16.
       c) If scheduled air services are performed without a valid route licence and/or
       permission to operate scheduled air services according to Article 17.
       d) If a member of the flight crew does not hold a valid licence in accordance with
       Article 18 to Article 20.


                                               65
DRAFT AIR CODE OF ALBANIA – 18.04.2007

       d) If an aircraft is operated without valid licences and certificates according to Article
       25.
       e) If an aircraft is operated without a valid traffic license according to Article 26 and
       Article 27.
       f) The owner or in case of commercial air transport the operator of an aircraft does not
       continuously maintain the aircraft in airworthy conditions according to Article 33.
       g) The pilot- in-command does not carry on board the documents prescribed by Article
       42 and Article 43.
       h) If an aerodrome is constructed or operated without a valid aerodrome licence
       according to Article 47.
       i) If an aerodrome licensee does not operate an aerodrome in accordance wit h the
       aerodrome licence and Aerodrome Services and Operations Manual, and/or does not
       maintain an aerodrome in conditions which ensure its safe and orderly operation.
       j) If radio-navigational, lightning and meteorological systems at an aerodrome do not
       meet the requirements laid down under this Code or regulations enacted hereunder.
       k) If a building is constructed in contravention to Article 53.
       l) If buildings interfere with CNS installations according Article 54.
       m) If an airfield according to Article 79 and a gliding field according to Article 81 are
       not operated in accordance with requirements laid down under this Code or under
       regulations enacted hereunder and/or are not maintained in conditions which ensure
       the safe and orderly operation.
       m) If an aircraft is operated in contravention of Article 83 to Article 85.
       n) If an aerodrome operator does not establish, implement and maintain an Aerodrome
       Security Programme according to Article 118.
       o) If an air carrier providing services from the Republic of Albania does not establish,
       implement and maintain an Air Carrier Security Programme according to Article 119.
       p) If an aircraft operator does not maintain a mandatory insurance in accordance with
       Article 154.
       q) tbd 80


2. Any perpetrator who commits an administrative offence under paragraph 1 of this Article
shall be liable to a fine not exceeding 100.000 Lek 81 .

80
      See footnote 79.
81
      The amount of the fines may be proportioned to the infringement of the respective Articles and may
      therefore be graduated, this is to say, may be higher or lo wer for certain cases.

                                                  66

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:13
posted:9/8/2010
language:English
pages:74