1. ------IND- 2013 0494 CZ- EN - ------ 20130924 --- --- IMPACT
III.
EXPLANATORY REPORT on the Draft of the Act on Military Aviation (zákon o
vojenském letectví)
I. GENERAL PART
A) Final report on the regulatory impact assessment - RIA
1. Reason for proposing the Draft Bill and its objectives
1.1 Title
Act on Military Aviation and amendments to several related acts
1.2 Definition of the issue
The Draft Bill was initiated by changes in the legal environment addressing the issue of
aviation and use of airspace which were made on the Community level. As a result of these
changes, a portion of national law is to be replaced by directly applicable legislation of the
European Union. Several provisions common to both military and civil aviation contained in Act
No 49/1997 Coll. on Civil Aviation and amending Act No 455/1991 Coll. on trade licensing (the
Trade Licensing Act), as amended (hereinafter ‘Act No 49/1997 Coll.’) shall be rescinded. The
field of civil aviation will thus dispense with provisions concerning the qualifications of aviation
personnel. This means that it will no longer be possible to apply provisions which apply to civil
aviation. Military aviation shall differ from civil aviation in its structure and requirements for the
qualifications of aviation personnel and suitability of aviation technology.
According to analyses conducted by the European Organisation for the Safety of Air
Navigation (hereinafter ‘EUROCONTROL’), which aims to unify the airspace above Europe,
the total number of flights in Europe is expected to rise by 44 % by the year 2020, reaching a
total of 16 million flights per year. The analysis furthermore indicates that, in 2007, European
armies operated 150 military airports, 3 300 combat aircraft, 1 100 transport aircraft and 7 300
helicopters and light aircraft. Out of all of the flights, however, only 2 % constituted flights
according to the rules of general air traffic (GAT), which amounted to 189 582 flights. The
number of flights conducted outside of the above-mentioned rule, i.e. flights in what is known as
military (operational) air traffic (operational air traffic – OAT) amounted to 2 800 000. These
data and the marked development in aviation clearly point to the importance and necessity of
having clear and easily understandable legislation on the performance of state administration in
the field of military aviation.
The Draft Bill aims to combine all fundamental legislation concerning flying military aircraft
into a single piece of legislation. The intent is to create well-balanced and expedient legislation
on the performance of state administration in the field of military aviation which, in particular,
will summarise provisions on the qualifications of all categories of military aviation personnel,
approval of the suitability of military technology and the qualifications of legal entities and
natural persons handling aviation technology.
With regard to the above-mentioned qualifications of legal entities and natural persons, it
must be noted that the Ministry of Defence has ascertained a rising interest in business in the
field of military aviation. It is currently monitoring 74 legal entities conducting business in
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military aviation, 36 pilots and 191 technical staff members who are outside of the armed forces
of the Czech Republic in relation to the approval process pursuant to Act No 219/1999 on the
Armed Forces of the Czech Republic, as amended (hereinafter ‘Act No 219/1999 Coll.’). In this
connection, the Draft Bill is also reacting to business developments in the field of military
aviation which the current legislation does not sufficiently take into account. In particular, it is
necessary to anchor the mechanism for responsibility and establish instruments for enforcing the
law and fees for entrepreneurial subjects.
1.3 Description of the legal status quo in the area
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The following legislation applies to the field of military aviation:
Act No 219/1999 Coll.;
Act No 49/1997 Coll.;
Act No 127/2005 Coll. on electronic communication and amending several related acts
(the Electronic Communications Act), as amended (hereinafter ‘Act No 127/2005 Coll.’);
Act No xx/2013 Coll. on handling certain material used for defence and security purposes
in the territory of the Czech Republic (the Security Material Handling Act), (hereinafter
‘Act No xx/2013 Coll.’). The new amendment to the aforementioned Act is currently
being prepared in the legislative process for deliberation in the Chamber of Deputies of
the Parliament of the Czech Republic;
Ministry of Finance Regulation No 279/1999 Coll. establishing categories of military
aviation personnel, their qualifications and scope of technical knowledge and a template
for military personnel ID, as amended (hereinafter ‘Regulation No 279/1999 Coll.’);
Ministry of Defence Regulation No 154/2011 Coll. on military aviation technology,
approval of the technical suitability of military aviation technology, performance of
regular technical inspections and tests of technical military aviation equipment, operation
and inspection of military aviation technology and authorisation and certification of legal
entities and natural persons, and on the military aviation register (on military aviation
technology), (hereinafter ‘Regulation No 154/2011 Coll.’);
Ministry of Finance Decree No 282/1999 Coll., on assessing the health suitability of
military aviation personnel, as amended by Regulation No 337/2008 Coll. (hereinafter
‘Regulation No 282/1999 Coll.’);
Ministry of Transport Regulation No 108/1997 Coll., implementing Act No 49/1997 on
civil aviation and amending Act No 455/1991 Coll. on trade licensing (the Trade
Licensing Act), as amended (hereinafter ‘Regulation No 108/1997 Coll.’)’;
Act No 219/1999 Coll. regulates the following in the field of military aviation:
 records on military aircraft,
 verification of the technical suitability of military aviation technology,
 verification of the capacity of legal entities and natural persons for the requirements of
military aviation,
 and, in part, military aviation personnel.
Act No 49/1997 Coll. relates to the military aviation within a defined scope in the fields of:
 aviation personnel,
 military airports,
 aviation structures,
 use of airspace,
 provision of aviation services.
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Act No 127/2005 Coll. regulates the following:
 qualifications of military aviation personnel to operate radio and transmission equipment.
Act No xx/2013 Coll. regulates the following:
 qualifications of legal entities and natural persons to handle certain materials usable for
defence and security purposes, consisting of military aircraft without defence systems,
aircraft components and equipment not covered by Act No 119/2002 Coll. on firearms
and ammunition and amending Act No 156/2000 Coll., on certification of firearms,
ammunition and pyrotechnic items and amending Act No 288/1995 on firearms and
ammunition (the Firearm Act), as amended by Act No 13/1998 Coll., and Act No
368/1992 Coll., on administrative fees, as amended, and Act No 455/1991 on trade
licensing (the Trade Licensing Act), as amended, (the Weapons Act), as amended.
The existing content of the above-mentioned legislation does not provide the Ministry of
Defence with sufficient room to conduct state administration in the field of the qualification of
military aviation personnel (with the exception of fields concerning the approval of the
qualifications of military aviation technology). The issues mainly appear to be regulating the
approval of military aviation personnel qualifications and the capacity of airports and aviation
service providers, as well as infractions and fees.
It must be noted at this juncture that the field of military aviation is not directly regulated in
the scope of the European Union. Nonetheless, there are examples of certain legislation which
must be mentioned that are indirectly related to military aviation:
a) Regulation (EC) No 549/2004 of the European Parliament and of the Council, laying
down the framework for the creation of the single European sky (hereinafter ‘Regulation
549/2004/EC’), specifically in Paragraph 5 of the introductory provisions ‘Decisions
relating to the content, scope or carrying out of military operations and training do not
fall within the sphere of competence of the Community.’;
b) Regulation (EC) No 550/2004 of the European Parliament and of the Council on the
provision of air navigation services in the single European sky (hereinafter the
‘Regulation 550/2004/EC’), the provisions of Chapter II - Service provision rules,
Article 11 in the scope of defining the relationship to military authorities, ‘Member States
shall, within the context of the common transport policy , take the necessary steps to
ensure that written agreements between the competent civil and military authorities or
equivalent legal arrangements are established in respect of the management of specific
airspace blocks.’;
c) Regulation (EC) No 551/2004 of the European Parliament and of the Council, on the
organisation and use of the airspace in the single European sky (hereinafter ‘Regulation
551/2004/EC’), Paragraph 17 of the introductory provisions ‘Military operations and
training should be safeguarded whenever the application of common principles and
criteria is detrimental to their safe and efficient performance.’;
d) Regulation of the European Parliament and of the Council (EC) No 552/2004 on the
interoperability of the European Air Traffic Management network (hereinafter
‘Regulation 552/2004/EC), Annex II, Part A, Article 4, ‘The EATMN, its systems and
their constituents shall support the progressive implementation of civil/military
coordination, to the extent necessary for effective airspace and air traffic flow
management, and the safe and efficient use of airspace by all users, through the
application of the concept of the flexible use of airspace.’;
e) Regulation (EC) No 216/2008 of the European Parliament and of the Council, on
common rules in the field of civil aviation and establishing a European Aviation Safety
Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002
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and Directive 2004/36/EC (hereinafter ‘Regulation 216/2008/EC’), specifically, Chapter
I, Article 1(3), ‘To the extent possible, the Member States shall ensure that all military
equipment enabling public use pursuant to Paragraph 2(b) or services provided to the
public by military personnel pursuant to Paragraph 2)(c) guarantees a level of safety
corresponding to at least that of the main requirements established in Annexes Va and
Bb.’
The Member States of the European Union are bound to the ‘Statement on military issues
related to single European sky’ (dated 31 March 2004), which states that civil-military
cooperation will be extended to cover all areas. The field of civil aviation is regulated by directly
applicable regulations and the Member States are obliged to modify their national legal order in
accordance with them. Regulation 216/2008/EC establishes the complete framework for defining
and execution the common technical requirements and legal procedures in the field of civil
aviation. This created the obligation for the individual Member States to remove provisions
which cover the corresponding fields from their national legislation. In the case of the Czech
Republic, this was the common legislation on military and civil aviation contained in Act No
49/1997 Coll. Thus the field of military aviation will not be addressed in the Act on Civil
Aviation at all with the progressing implementation of European law into civil aviation.
In NATO states, military aviation is not only influenced by the rules enforced in civil
aviation, but also by common military standards known as STANAG. Certain technical
recommendations on the components of military aviation technology have been established in
the scope of international legal groups, such as recommendations on compatibility in
transportation or various operational rules enabling the common activity of international military
units. Moreover, not all recommendations have been introduced in the Czech Republic to date
due to the complications of applying or financing them. The following department-related
NATO standards can be noted as examples:
 STANAG 7199 Ed. 2, NATO Supplement to ICAO Doc 8168-OPS/611, Volume I –
Flight Procedures – AFPP-1(A);
 STANAG 3759 Ed. 8, NATO Supplement to ICAO Doc 8168-OPS/611 Volume II for
the Preparation of Instrument Approach and Departure Procedures – AATCP-1(C);
 STANAG 7204 Ed. 1, NATO Minimum Requirements for Personnel Providing Air
Traffic Services (ATS) in NATO-LED Operations;
 STANAG 4671 Ed. 1, Unmanned Aerial Vehicles Systems Airworthiness Requirements
(USAR);
 STANAG 3817 Ed. 5, Standard R/T Phraseology to be used for Air Traffic Control, as a
NATO supplement to ICAO Annex 2 DOC 4444 and Annex 10 Vol II DOC 9432AN/952 etc.;
 STANAG 3114 Ed. 8, Aeromedical Training of Flight Personnel.
At present, standardisation agreements do not comprehensively address the processes of
approving the qualifications of military aviation personnel or the military aviation technology.
The European Defence Agency (EDA, cf. Treaty on the European Union and Treaty on the
Functioning of the European Union) was established in order to apply the results of the efforts to
standardise the processes of performing state administration. It works towards harmonising
legislation, certification and standards in the field of the airworthiness of military aviation
technology in the scope of the Military Airworthiness Authorities (MAWA), the qualifications of
maintenance personnel and maintenance approval organisation (AMO – Aircraft Maintenance
Organisation) and maintenance training (AMTO – Aircraft Maintenance Training Organisation).
This harmonisation process is based on creating rules (EMARs – European Military
Requirements) which individual work groups work with on the basis of the procedures used in
civil aviation (EASA – European Aviation Safety Agency) and issue these requirements by way
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of Regulation 216/2008/EC, Commission Regulation (EC) No 1702/2003 of 24 September
2003 laying down implementing rules for the airworthiness and environmental certification of
aircraft and related products, parts and appliances, as well as for the certification of design and
production organisations (hereinafter ‘Commission Regulation No 1702/2003/EC’) and
Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing
airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of
organisations and personnel involved in these tasks (hereinafter ‘Commission Regulation
2042/2003/EC’) with modifications for the specifics of military aviation of the individual
Member States of the European Union. EMARs are approved on the level of the Ministers of
Defence of the individual Member States of the European Union and are to be introduced
and implemented into the Czech legal environment by way of the Act on Military Aviation
and the Czech Defence Standards (‘České obranné standardy,’ hereinafter the ‘ČOS’).
At this juncture, we must to point to the Single European Sky project (hereinafter ‘SES’) as
an example of creating functional blocks of airspace which influence military aviation in the
fields of airspace arrangement, service provision, air traffic control, air traffic flow, aviation
information service, communication, navigation and radiolocation service and meteorological
service. Its basic idea is to reform the current form of air traffic service provision in the European
area with the goal of increasing airspace capacity while retaining a high level of safety and
maximum quality of the services provided.
The recommendations of EUROCONTROL (International Convention No 130/2004 Coll.
multilateral agreements) also apply to military aviation.
The following table depicts the status of the performance of state administration in selected
fields of military and civil aviation in certain states around the world.
National aviation authorities in selected states
State
C/M
C
France
M
Est.
Name of authority
Control
EASA (2008) + DGAC - Direction General de l‘Aviation
Ministry of the
Civil + BEA - Bureau d'Enquetes et d'Analyses
Environment
1976
(EASA + Directorate General for Civil Aviation +
and Sustainable
Bureau of Enquiry and Analysis for Civil Aviation
Development
Safety)
Minister of
Direction de la Securite Aeronautique d´Etat
Defence / Chief
2010
(Directorate of the State of Aviation Security)
of General Staff
1
2
3
4
x
x
x
x
x
x
Note: The Secretariat general a l‘aviation civil (SGAC) was established in 1960. It was transformed in 1976 according to 71-284,
resulting in the present-day Direction General de l‘Aviation Civil – DGAC.
C
1997
EASA (2008) + ENAC - Enta Nazionale Aviaziona
Civile + ANSV - Agenzia Nazionale per la Sicurezza del
Volo
(EASA + National Civil Aviation Authority + National
Flight Safety Agency)
M
-
USAM – Ufficio Generale Spazio Aereo e Meteorologia
(General Office for Airspace and Meteorology)
Ministry of
Defence
Transport Canada + TSB - Transportation Safety Board
Ministry of
Transport and
Infrastructure
Italy
C
1996
Canada
M
-
Military Aviation Authority
72
Ministry of
Transport
Chief of Air
Staff on behalf
of Chief of
General Staff
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Note: The history of Transport Canada can be traced back to 1936 with the establishment of the Department of Transport Act.
Transport Canada has existed in its present form since 1996, when service provision, including air traffic control, was transferred
(and privatised) to NAV Canada. Transport Canada has thus ceased to fulfil its dual task as provider and regulator and is now
dedicated solely to regulation.
C
2007
EASA (2008) + National Transport Authority/Aviation
Authority + Transportation Safety Bureau of Hungary
Hungary
M
2007
National Transport Authority/Aviation Authority +
Transportation Safety Bureau of Hungary)
Ministry of
Transport
Ministry of
Transport
x
x
x
x
x
x
x
x
Note: The MAA existed until 30 June 2007. As of 1 July 2007, the MAA and CAA were integrated into National Aviation
Authority in the framework of the National Transportation Authority. The civil and military part, however, remain in the
framework of the new functional department structure. The Hungarian Transportation Safety Bureau was established in 2006. It
investigates accidents in civil and military aviation.
1954
EASA (2008)+ Federal Office of Civil Aviation (LBA Luftfahrt-Bundesamt) + German Federal Bureau of
Aircraft Accidents Investigation (BFU - Bundesstelle fuer
Flugunfalluntersuchung)
M
1954
Amt für Flugsicherung der Bundeswehr, Luftfahrt
Bundesamt, Bundesstelle für Flugunfalluntersuchung
(Bundeswehr Air Traffic Service Office, Federal
Aviation Office, Federal Bureau of Aircraft Accident
Investigation)
C
1967
M
2005
C
Germany
EASA (2008) + Directorate General of Civil Aviation +
Dutch Safety Board
The
Netherlands
Military Aviation Authority
Ministry of
Transport and
Construction
Minister of
Defence,
Minister of
Transportation
and
Construction
Ministry of
Transport and
Waters
Ministry of
Defence
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Note: The MAA is directly subordinate to the Minister of Defence. It is made up of three operational departments divided
according to specialisation, and two supporting departments. The aforementioned operational department covers all aspects of
military aviation, in accordance with the commission of the MAA.
C
1998
M
2006
C
2011
M
2004
C
M
EASA + Letecký urad Slovenskej republiky (EASA +
Civil Aviation Authority of the Slovak Republic)
Slovakia
Urad vojenského letectva
(Office of Military Aviation)
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Military Aviation Authority
Ministry of
Infrastructure
General Staff
1972
EASA (2008) + Civil Aviation Authority + AAIB - Air
Accidents Investigation Branch
Public
corporation
x
x
x
x
2010
Military Aviation Authority + Military Air Accident
Investigation Branch - MAAIB
Ministry of
Defence
x
x
x
x
Slovenia
United
Kingdom
EASA (2008) + Civil Aviation Directorate
Ministry of
Transport,
Construction
and Regional
Development
Ministry of
Defence
Note: The MAA was established upon a recommendation from 2009 contained in an investigative report concerning the air
disaster with RAF aircraft Nimrod XV230 in Afghanistan in 2006, which essentially took place due to technical causes. The
MAA is to ensure coherent and proper administration of the system for maintaining safety in military aviation. At the head of the
MAA should be a three-star general reporting directly to the Second Permanent Undersecretary of State (PUS). ‘The MAA will
bring coherence and governance to the current fragmented regulatory structure.’
The MAA was established on 1 April 2010. The Military Air Accident Investigation Branch was established on 1 April 2011, and
both institutions have been housed in the same building as of 20 February 2012.
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C
2010
M
2007
EASA (2008) + TraFi - Finnish Transport Safety Agency
+ AIB - Accident Investigation Board
Ministry of
Transport and
Communicatio
n
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Finland
C
2010
M
1997
Military Aviation Authority
EASA (2008) + Swedish Transport Agency + Accident
Investigation Board
Sweden
C
1965
M
1993
C
1982
M
-
C
1958
Military Aviation Safety Inspectorate
Ministry of
Defence
Ministry of
Enterprise,
Energy and
Communicatio
ns
Supreme
commander of
the armed
forces
x
Ministry of
Infrastructure
and Transport
x
x
x
Military Aviation Authority
Chief of Air
Staff
x
x
x
EASA (2008) + Directorate General of Civil Aviation +
Aviation Safety Agency
Ministry of
Development
x
x
x
Air Staff
Chief of Air
Staff
Department of
Transportation
x
x
x
x
x
x
CAS - Civil Aviation Safety Authority + ATSB Australian Transport Safety Bureau
Australia
x
Spain
FAA - Federal Aviation Administration + NTSB National Transportation Safety Board
x
United States
of America
Ground Forces Command
Defence
Naval Command
Department
x
x
x
M
Air Force Command
Marine Corps Command
Coast Guard Command
Note: The independent Federal Aviation Agency (FAA) was established in 1958. It has a broader scope of authority in the field
of air safety than the original Civil Aviation Authority. It is also responsible for the development and administration of the
common civil-military aviation system. The Department of Transportation was established in 1967. The Federal Aviation Agency
is under it and was renamed to its present title, the Federal Aviation Administration – also FAA. The Civil Aeronautics Board
(CAB, established 1940), which investigates air accidents, was changed to the present National Transportation Safety Board
(NTSB). Upon request, the NTSB may also assist military aviation in investigations (as was the case with the aircraft lost in the
former Yugoslavia with the Secretary of Commerce on board).
FOCA - Federal Office of Civil Aviation
CASO – Civil Aviation Safety Office
x
x
x
x
C
-
M
-
Chief of
General Staff
x
x
x
x
1987
Ministry of
Transport and
Communicatio
n
x
x
x
x
Switzerland
Air Force Command
Turkey
Ministry of the
Environment,
Transportation,
Energy and
Communicatio
n
C
DGCA – Directorate General of Civil Aviation
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M
Air Force Command
-
Ministry of
Defence
x
x
x
x
Note: The agreement signed on cooperation with the EASA has led to a mutual exchange of information and the assumption of
EASA standards; Turkish experts take part in EASA hearings and take part in work groups. The cooperation only partially
concerns military aviation.
C
-
M
-
EASA (2008) + BCAA – Belgian Civil Aviation Authority
FOMV – Federal Public Service Mobility and Transport
Ministry of
Transport
x
x
x
ASD – Aviation Safety Directorate in the scope of the Air
Force Command
Ministry of
Defence
x
x
x
x
Belgium
Note: The regulatory and executive branch in the Air Force Command is separated. In the event of serious incidents, the ASD
communicates directly with the Chief of General Staff. The FOMV investigates air accidents.
C
-
M
-
Luftfartstilsynet - CAA –Civil Aviation Authority
Ministry of
Transport
x
x
x
x
x
x
x
x
Norway
Inspectorate in the scope of the Air Force Command
Ministry of
Defence
Note: The chief of the military aviation inspectorate is an inspector with the rank of brigadier general. Norway has been an EASA
member without voting rights since 2005.
Legend:
1. Airworthiness, organisation capacity, personnel
2. Air traffic management (ATM) field
3. Flight training
4. Air accidents
Abbreviations
ATM – Air traffic management
C – Civil aviation
M – Military aviation
Definition of the extent of the problems:
 The ongoing change in the European Union’s approach towards regulation in the field of
aviation (direct regulation via European Commission) and the resulting insufficiency in
legislation on military aviation;
 The disparity in requirements for military and civil aviation;
 The lack of integrated legislation for regulating military aviation according to national
and international requirements;
 The need for tighter and more detailed harmonisation of requirements for military
aviation with the requirements imposed upon civil aviation.
The operation of military aircraft in common airspace which is operated the same way
as in civil aviation, requires the mutual compatibility of onboard equipment, conformity in
procedures and comparable training of air crew and aviation service staff. Any kind of
discrepancy reduces the means of using airspace efficiently or places burdens on other
users. Attempts at achieving mutual compatibility were previously reflected in the Czech
government’s decisions on transforming military aviation to meet the standards of the
International Civil Aviation Organisation (hereinafter the ‘ICAO’), see Article 43 of
International Treaty No 147/1947 Coll., Convention on International Civil Aviation), which
primarily concerned military systems managing and safeguarding air traffic and the associated
safety technology (see Government Resolution of 7 July 1993 No 373, Government Resolution
dated 2 February 1994 No 46 and Government Resolution of 28 August 1996 No 444+2P).
As the information above indicates, legislation in the field of aviation is fragmented and not
clearly arranged. The existing national provision addressing the problematic issue of military
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aviation in Act No 219/1999 Coll. is not a comprehensive provision. While amending it in 2010,
the Ministry of Defence was alerted by the Legislative Council of the Government to the fact
that a potential further amendment to this Act on subjects such as the qualifications of
military aviation personnel, infractions or administrative fees, would no longer be
accepted.
As mentioned above, European Union law does not apply to military aviation training and
activity. Nonetheless, military aircraft do not only fly over enclosed spaces, but travel over the
same airspace as other users. This currently applies to the completion of training tasks as well as
to the completion of a wide range of combat tasks during peacetime. From this perspective, it is
more than expedient to create and maintain mutual compatibility or conformity of military and
civil aviation.
1.4 Identification of concerned parties
Directly affected subjects for all alternatives:
 Within the Ministry of Defence – in particular persons performing state administration in
military aviation, military aviation personnel, legal entities and natural persons handling
military aviation equipment, air traffic control training organisations providing services
for civil air traffic, providers of aviation services at military airports with mixed air
traffic, operators at military airports, etc.
 Outside of the Ministry of Defence – in particular legal entities and natural persons (such
as LOM PRAHA s.p., Aero Vodochody AEROSPACE a.s., HTP Ostrava a.s. and other
subjects) providing development, production, modification, design alterations to military
aviation technology, project planning for protective zones at military airports, instruction
and aviation training for military aviation technology, military aviation personnel as legal
entities conducting aviation work with military aviation technology, civil operators at
military airports with mixed air traffic, legal entities and natural persons charged with
conducting administrative supervision, etc.
1.5 Description of the target situation
The aim of the Draft Bill is to create well-balanced and expedient legislation on the
performance of state administration in the field of military aviation which will summarise in
particular provisions on the qualifications of all categories of military aviation personnel,
approval of the suitability of military technology and qualifications of legal entities and natural
persons handling aviation technology, and which would simultaneously be supplemented by
elements supporting the performance of state administration primarily consisting of setting
higher fees and amending the rules for handling administrative offences and infractions in the
field of military aviation. In practical terms this means the fundamental modification and
supplementation of the existing provisions on military aviation contained in Act No 219/1999
Coll., Act No 49/1997 Coll. and the incorporation of amendments to the legal order effective as
of 1 January 2014 into the new legislation. The aforementioned amendments primarily concern
Act No 89/2012 Coll., the Civil Code and Act No 255/2012 Coll. on inspection (the Inspection
Order).
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The purpose of the new legislation is to ensure:
full access to airspace for military air traffic;
air traffic safety;
integration of regional air traffic services;
creation of the conditions for performing military tasks in the scope of emergency
legislation and threats to the state.
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

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The aforementioned objective is to be achieved in the form of:
comprehensive revision and supplementation of the existing legislation and balancing it
for all fields of the performance of state administration in the field of military aviation;
consolidating the existing fragmented legislation in the field of military aviation which is
problematic to define;
achieving an acceptable level of compatibility of the procedures of approving the
qualifications of aviation personnel and aviation technology, as well as legal entities and
natural persons handling military aviation technology, including aviation service
providers.
1.6 Risk assessment
As a result of the inevitable change to the legal environment in which part of national law in
the Act on Civil Aviation is to be replaced by directly applicable legislation of the European
Union, failure to adopt the new legislation in the field of military aviation would pose the threat
of further entrenching the discrepancies between the requirements for civil and military aviation,
which would have a direct negative effect on air traffic safety. There would be a lack of
legislation in the following fields:
 qualifications of military aviation personnel;
 production and development of military aviation technology;
 approval of the capacity of aviation service providers;
 establishment of military airport types;
 introduction of fees and law enforcement institutes.
The aforementioned problematic issues directly affect legal entities and natural persons
conducting business in military aviation and military training provision. The Ministry of
Defence would continue to be hindered in ensuring the performance of state administration in the
field of military aviation due to insufficient legislation and a lack of instruments in enforceability
law. In a time of economic recession, an attempt to incorporate entrepreneurial subjects
which fulfil the required conditions is entirely on target. It must also be noted that the
Ministers of Defence of the neighbouring countries have also reached an agreement when
the Ministers of Defence of the Visegrád Group (V4) as well as France and Germany met in
Warsaw on 6 March 2013. The meeting was part of a summit of the V4 heads of government.
‘I believe that at a time of declining defence budgets, the sharing of defence capacities and
capabilities is a good course of action and concentrates on supporting national capabilities and
the development of interoperability within the V4, NATO and the European Union. Of no lesser
importance are the issues of the European defence market, equal approach towards acquisition
programmes as well as the opening of this market to small and medium-sized enterprises,’ said
First Assistant to the Minister of Defence Ing. Vlastimil Picek at his appearance.
2. Proposed alternatives
The Government approved the material objective of the Act on Military Aviation, which
contained a total of five proposed alternatives, by way of Decision No 484 of 4 July 2012 and
charged the Minister of Defence with submitting a Draft of the Act on Military Aviation. For this
reason, only two proposed alternatives are being submitted and evaluated: Alternative I – the
‘zero option’ and Alternative II – the Draft of the Act on Military Aviation. Other alternatives
considered were processed and evaluated in the draft of the material intent of the Act on Military
Aviation, and of all submitted alternatives, the alternative advocating the creation of new
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legislation in the form of the Act on Military Aviation was evaluated as the ideal alternative and
was approved by the government.
The following alternatives are proposed for further evaluation:
ALTERNATIVE I, the ‘zero option’ – not adopting any legislation, with the consequences
specified in Point 1.6.
ALTERNATIVE II – The Draft Bill, which unifies and supplements the currently
fragmented legislation into a single piece of legislation.
3.
Assessment of costs and benefits
3.1 Identification of costs and benefits
If ALTERNATIVE I is selected, the legal order of the Czech Republic will not contain the
required definition of legal authority for the Ministry of Defence in the field of military aviation
personnel qualifications, approval of the suitability of military aviation technology, flying
military aircraft outside the armed forces of the Czech Republic and the related entrepreneurial
activity, which could have negative effects on air traffic safety. This would mean the notable
absence of legislation on fundamental areas of military aviation and its connection to civil
aviation.
ALTERNATIVE II, i.e. the submitted draft of new legislation, aims to systematically unify
the field of performing state administration in the field of military aviation. The draft will
introduce a selection of fees which are ordinary in civil aviation, fines for violating the law and
the enforceability of decisions made by the Ministry of Defence. The draft furthermore
establishes equivalents of civil training for performing the work of military aviation personnel.
At the same time, the draft creates a better defined framework for ensuring the performance of
state administration, simplifies the applicability of the prepared unified procedures within NATO
and increases legal certainty in business in this field. The anticipated positive result is the clear
and expedient establishment of requirements for the qualification of military aviation personnel
and the resulting greater air traffic safety and greater comprehensibility of the State’s
requirements for business in military aviation.
3.2 Costs
The operational costs in both of the evaluated alternatives are already currently calculated
in the framework of the budgetary chapter of the Ministry of Defence.
The Ministry of Defence’s Department of Military Aviation, which performs state
administration in the field of military aviation in the organisational structure of the
Ministry of Defence, is currently made up of 21 professional soldiers (of which five are active
pilots, one is an active onboard technician and one is an active air traffic controller) and six
civilian employees. As of 1 April 2013, an office for ascertaining the causes of air accidents was
transferred to the department from the Minister of Defence’s Inspectorate. It is made up of six
professional soldiers (of which two are active pilots, one is an active air traffic controller and
three are technical staff specialists) and one civilian employee. In light of the Military Aviation
Department’s agenda, the organisational structure is under-dimensioned by about five
employees. The insufficient staff capacity should simultaneously be rectified in connection with
the new legislation. However, this is not a requirement which the draft of the legislation is
subject to.
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This involves payroll expenses, travel expenses for domestic service and business trips,
service trips abroad and costs for office supplies amounting to approximately CZK 7.7 million
each year. This sum does not include building operation costs.
The proposed legislation will have a slight effect on the entrepreneurial environment in light
of fees in the field of tasks connected to keeping the list of the Czech Republic’s military aircraft
(records, deletion, change of data, lien records, etc.) and approval of the suitability of military
aviation technology. At the same time, private subjects will be required to pay compensation for
certain services provided in the field of aviation. The amount of the fees and payments is derived
from the sum of the fees and payments for similar tasks in civil aviation. The fees are increased
by a coefficient of 1.5 to 1.8 in light of the small spectrum of entities and persons being
regulated. Part Four of the Draft Bill proposes an amendment to the Act on Administrative Fees
which adds a new Item 164 setting the sum of the proposed fees in military aviation. However,
the total sum of the expenses incurred by subjects conducting business in the field of military
aviation from the category of fees and payments which are derived from said subjects’ activities
can only be estimated at present due to the diverse array of entrepreneurial activities.
Types of costs and their estimated amount:
 Legal entities and natural persons entitled to conduct the activities pursuant to Section
72(2) conduct business in an average of three fields which require authorisations pursuant
to this Act to be issued; as far as related fields are concerned, the extent of the
authorisations’ validity need only be extended; costs for administrative fees amount to a
total of CZK 35 000 for each legal entity or natural person;
 Approval of the suitability of military aviation technology pursuant to Section 50 with
military aircraft is broken down into several tasks, specifically the approval of type
suitability and the approval of airworthiness. Type suitability in military aviation is
approved on an exceptional basis. The Ministry currently approves the type suitability of
EV-55M EVEKTOR military aircraft. The applicant assumes the cost of suitability
verification, which is conducted by an organisation authorised by the Ministry. The price
of tests is the most expensive item which the applicant must pay for in the suitability
approval. The applicant must furthermore pay an administrative fee of CZK 30-150 000
according to the type of military aviation technology.
Airworthiness is approved by launching operation and the costs of the administrative fee
are only paid one time at a proposed sum of CZK 2 000.
It is possible to make changes to the type proposal during operation in order to expand
and improve the properties of the military aviation technology in question. Upon
approving these changes, the Ministry will issue a supplementary type certification. The
costs are divided into suitability verification tasks and administrative fees. The approval
of the suitability of other military aviation technology does not diverge from this scheme;
 Payments for the use of military airports and for the provision of air traffic services
pursuant to Section 132 depend on the frequency of air traffic. One notable example is
that Správa letiště Pardubice (Pardubice Airport Administration) charged the company
East Bohemian Airport a.s. Pardubice approach fees totalling CZK 3 181 659 for 2012,
and charged the company LOM PRAHA s. p. a total of CZK 9 275 409 in said fees;
 Further payments pursuant to the Annex to the Draft Bill are set with respect to the
possibility of operative review of military aviation personnel of their knowledge of
English, which is practised in the scope of performing tasks arising out of the Czech
Republic’s obligations from international treaties on collective defence against attack or
the possibility of verifying the skills of operators of radio stations for legal entities and
natural persons which have been issued authorisation for preparations using military
aviation technology.
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3.3 Benefits
ALTERNATIVE I does not yield any benefits.
ALTERNATIVE II yields benefits in the form of expedient and clear legislation which
comprehensively resolves the manifold problematic issues of military aviation. The draft also
anticipates a positive effect on the business environment which enables subjects who meet the
conditions required by the Act (see Point 1.6) to enter into the military aviation technology
market. The submitted Draft Bill contains provisions on the qualifications of military aviation
personnel and the suitability of military aviation technology and provisions on the use of military
airports and military aviation structures, the use of airspace, aviation services, the capacity of
legal entities and natural persons handling military aviation technology, state administration in
military aviation, administrative offences and types of payment, their amounts and exemptions
from said payment. In light of the fact that the Czech Republic, in cooperation with the USA and
Croatia, is training members of foreign armed forces, the following information on training
Afghan helicopter pilots is provided to illustrate the diverse array of problematic issues being
addressed.
Young Afghan pilots under the supervision of Czech instructors
Czech flight instructors from the 8th Unit of the
AAT (Air Advisory Team) in Kabul are preparing a
group of Afghan pilots for the final phase of training
before entering into real aviation life. Some of the
Afghan pilots also underwent training in the Czech
Republic and their preparation here was evaluated as
being very beneficial.
Scenes from this demanding training include the
Afghan mountains west of Bagram, with magnificent
scenery of the foothills of the Hindu Kush in the east.
Maintenance specialists who prepare the helicopters
for flight, conduct essential maintenance work and
mentor Afghan technicians also play a great role in
safety and the quality of training. The pivotal tasks of
the Czech AAT unit include test helicopter flights
after repairs and routine work, in which a great deal
of the responsibility rests on the shoulders of the
onboard engineer (technician).
The onboard technician together with the onboard
gunner train onboard technicians and gunners of the
AAF (Afghan Air Force) and are other very important
members of the team.
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The new generation of Afghan helicopter pilots underwent basic training in the USA and some also
had advanced training on flight simulators at HTP Ostrava a.s. (Helicopter Training Point) and CLV
(Centrum leteckého výcviku – Flight Training Centre) Pardubice, which is part of LOM PRAHA s. p.,
where they first completed ground training and then practical flight training and retraining on Russian
Mi-17 helicopters. They are young, educated, have no trouble communicating in English and, as one
Czech instructor put it, are the great hope for the future of the Afghan Air Forces. The final phase of
Afghan pilots’ training, which is conducted out of KAIA (Kabul International Airport) encompasses flight
and piloting in high-mountain conditions, practice landings on unknown high-mountain terrain and
training in group teamwork skills – i.e. the ability to fly in groups, react to unexpected events and
coordinate one’s activity with the other helicopters and training in proper tactical procedures.
3.4 Assessment of the alternatives’ costs and benefits
If ALTERNATIVE I is selected, the legal order of the Czech Republic will not contain the
required definition of legal authority for the Ministry of Defence in the field of military aviation
personnel qualifications, approval of the suitability of military aviation services, establishment of
fees, payments and institutions for enforcing the law. This alternative has no effect on the state
budget.
ALTERNATIVE II enables the adoption of self-standing legislation for the field of military
aviation. The current fragmented legislation in effect will be in an expedient form, which will be
simpler in terms of applying and interpreting the law, and these legal norms will be more
comprehensible for the parties addressed, which will reduce uncertainty in application and
jurisdiction. A positive effect is also anticipated on the business environment if the market in
military aviation technology is expanded by including small and medium-sized entrepreneurs
who meet the conditions required by the Act. Adopting this alternative will not have any
negative on the state budget, since the Military Aviation Department will conduct state
administration in the field of military aviation – see Point 3.2. Payments in the field of the
proposed fees and compensation, including enforcement penalties in infraction proceedings are
another anticipated positive effect on the state budget.
4.
Proposed solution
4.1 Prioritisation of the alternatives and selection of the most favourable solution
The Ministry of Defence and Government of the Czech Republic consider ALTERNATIVE
II to be the best option, which is why this Draft of the Act on Military Aviation has been
submitted. This alternative appears to be ideal because of its comprehensive concept of
legislation on the performance of state administration in the field of military aviation, and due to
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the fact that it does not require any additional expenses for the state budget or other public
budgets.
5. Implementation of the recommended alternative and enforcement
The Ministry of Defence will be responsible for implementing the regulation. No other
activities above the level of the existing regulation are expected to be performed among
regulated subjects other than the Ministry of Defence, nor is the administrative burden towards
the entrepreneurial subjects expected to increase. The Ministry of Defence will play the main
role in enforcing the regulation. It will also continue to act in concert with the Ministry of
Transport and the Civil Aviation Authority in the scope of the existing cooperation, which is on a
very good level.
6. Survey of the efficiency of the legislation
The Act on Military Aviation, including the implementing regulations, is to enter into legal
effect in 2014. The deadline for researching the effects is set at 2017.
7. Consultation and data sources




The Draft Bill was consulted on with the following subjects:
The Ministry of Transport (on a working level) in selected fields;
The Civil Aviation Authority (on a working level) in selected fields;
The Customs Administration of the Czech Republic (on a working level) in selected
fields;
The Department of Compatibility of the Office of the Government and the Czech Office
for Standards, Meteorology and Testing were consulted on issues concerning the
introduction of European Union law beyond the scope of the current legislation in effect
and the introduction of Czech defence standards into the Draft Bill.
The following subjects were addressed in accordance with the Basic Principles for
Regulatory Impact Assessment (RIA):
 Řízení letového provozu s.p., Regionální letiště Přerov a.s., East Bohemian Airport a.s.,
Asociace leteckých výrobců České republiky, LOM PRAHA s.p., Aero Vodochody
AEROSPACE a.s., JAGELLO 2000 – Sdružení pro euroatlantickou spolupráci, Asociace
leteckých provozovatelů České republiky, Letecká amatérská asociace České republiky
and Rohde & Schwarz – Praha, s.r.o.
The specialist public was also familiarised with and continuously informed of the Draft Bill
in the form of presentations at meetings of the parliamentary subcommittee for science, research,
aviation and astronautics of the Economic Committee of the Chamber of Deputies of the
Parliament of the Czech Republic in 2012 and 2013.
8. Contact to the author of the RIA
Colonel Václav Česal (material sponsor)
Ministry of Defence – Military Aviation Department
tel. 973 211 102, email cesalv@army.cz
Mgr. Ludmila Lopatová (legislative sponsor)
Ministry of Defence – Legislative and Analytical Department of the Ministry of Defence
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Tel. 973 200 092, email lopatoval@army.cz
B) Conformity with the constitutional order of the Czech Republic
The Draft Bill is based on the principles stated in the Constitution of the Czech Republic,
in particular the principles of sovereignty and rule of law. Article 43 of the Constitution states
that Parliament decides on the Czech Republic’s participation in the defence systems of
international organisations which the Czech Republic is member of, declares consent to sending
armed forces of the Czech Republic outside the territory of the Czech Republic and to the
accommodation of armed forces from other states within the territory of the Czech Republic,
unless said decisions are reserved for the Government. The proposed legislation is based on, and
in conformity with, Constitutional Act of Law No 110/1998 on the Security of the Czech
Republic, in particular Articles 1, 2 and 3 thereof. The provisions of Section 3 of the Draft Bill
state that the tasks of the Army of the Czech Republic, as one of the branches of the armed forces
of the Czech Republic, are fulfilled by means of soldiers in active service when ensuring the
security and defence of the Czech Republic.
The Draft of the Act on Military Aviation is in accordance with Constitutional Order of
the Czech Republic.
C) Assessment of the proposed legislation’s compatibility with EU legislation
As stated in Point 1.3, the field of military aviation is not directly regulated in the scope
of the EU. In general, the provisions of the Treaties can relate to the field of military aviation,
i.e. the Treaty on the Functioning of the European Union (field of transport) and the Treaty on
the European Union (in the part concerning common foreign and security policy, specifically the
procedural definition of the Union’s common defence policy).
The field of civil aviation is governed by an array of secondary legislation, predominately
regulations. Most of them contain provisions which delineate it from military aviation.
This pertains to the following regulations:
Regulation No 549/2004/EC states in Article 1(2) that it does not apply to military
activities and training.
Regulation No 550/2004/EC regulates in Article 11 the relationship to military authorities
on the basis of adopting agreements between civil and military authorities in a specific state.
Otherwise, it is only limited to establishing the need to maintain close cooperation between
navigation service providers and military authorities in managing activities with the potential to
affect general air traffic (Item 16 of the Preamble).
Regulation No 551/2004/EC again defines the relationship to military aviation in only a
general manner on the level of cooperation and consultation between civil and military
authorities, or on the level of consideration of military needs and requirements.
Regulation No 552/2004/EC in Annex II, Part A again only works with the form of mere
coordination between the civil and military sectors.
Regulation No 216/2008/EC, Article 1(2) contains a negative definition of its sphere of
action and is based on the fact that this legislation is not (directly) applicable to relationships
concerning military forces if no services are provided to public civil traffic.
Commission Regulation (EU) No 805/2011 of 10 August 2011, laying down detailed rules
for air traffic controllers’ licences and certain certificates pursuant to Regulation (EC) No
216/2008 of the European Parliament and of the Council (hereinafter ‘Commission Regulation
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805/2011/EU’). This Regulation applies to air traffic controllers who provide services for public
civil traffic at military airports. In the scope of the Draft Bill, the Ministry of Defence accepts the
legislation to a limited extent in accordance with this Regulation, in its wording as of 10 August
2011.
Commission Regulation (EU) No 1178/2011 of 3 November 2011, laying down technical
requirements and administrative procedures related to civil aviation aircrew pursuant to
Regulation (EC) No 216/2008 of the European Parliament and of the Council, as amended
(hereinafter ‘Commission Regulation 1178/2011/EU’). The Regulation does not apply to
military aviation; in the scope of the draft bill; the Ministry of Defence accepts the part of the
legislation from this Regulation relating to training organisations, aircrew training and the use of
simulation technology in flight training, as amended by Commission Regulation (EU) No
290/2012, in the wording as of 30 March 2012.
Commission Regulation (EU) No 1034/2011 of 17 October 2011 on safety oversight in air
traffic management and air navigation services and amending Regulation (EU) No 691/2010
(hereinafter ‘Commission Regulation 1034/2011/EU’). It only applies in cases in which
military services are provided for public civil air traffic.
Commission Regulation (EU) No 1035/2011 of 17 October 2011, laying down common
requirements for the provision of air navigation services and amending Regulations (EC) No
482/2008 and (EU) No 691/201 (hereinafter ‘Commission Regulation No 1035/2011/EU’).
This Regulation does not apply to the provision of flight navigation services which the army
provides. It applies in cases in which military flight navigation services are provided for public
civil air traffic.
In this case, European law only governs the field of military aviation peripherally, but
one must factor in that military aircraft share airspace with civil aircraft as well. It is thus
favourable to make reasonable use of certified civil aviation institutes (approval of the suitability
of aviation technology, personnel qualifications, etc.) and assume this arrangement for the
purposes of military aviation to a suitable extent.
The above-mentioned Regulation No 216/2008/EC is also based on the aforementioned
principle. In Article 1(3) (with reference to the Annex), it lays down the conditions under which
public use of military equipment is possible and the conditions under which the services of
military personnel may be provided to the public. The above-mentioned implementing
Commission Regulation No 805/2011/EU also relate to the aforementioned. This
implementing regulation explicitly allows the use of the legislation it contains for military
personnel providing services to the public (Article 2(4)).
The legislation which has implemented and must continue to implement the full extent of EU
law in the field of aviation is the Act on Civil Aviation. The Draft of the Act on Military
Aviation does not implement EU law, but merely adopts effective legislation from the Act on
Civil Aviation which also applied to selected categories of military aviation personnel.
This means that the Draft of the Act on Military Aviation is fully compatible with EU
legislation.
D) Evaluation of the proposed legislation’s conformity with international
treaties which the Czech Republic is bound by
The following international treaties apply to the field of military aviation:
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a) North Atlantic Treaty of 12 March 1999, promulgated in the Collection of Laws of the
Czech Republic under No 66/1999 Coll. International Treaty, which, according to Article 3, aims
to maintain mutual assistance and develop the individual and collective ability of the parties to
the treaty to resist armed attack. One of the objectives of the treaty (and one of the obligations
arising for the Czech Republic) is to standardise the requirements for the qualifications of
military aviation personnel, the suitability of military aviation technology, military aviation
services and procedures of their approval in order to achieve the conformity of these
requirements among the individual states party to the treaty. There is currently a noted
inclination to the ICAO and EASA standards.
b) North Atlantic Treaty Organization and other States Participating in the Partnership
for Peace regarding the status of their Forces of 3 January 1996, promulgated in the
Collection of Laws of the Czech Republic under No 297/1996 Collection of International
Treaties, which aims to create rules for troops staying in the territory of signatories of the North
Atlantic Treaty and other states participating in the Partnership for Peace. This treaty defines the
position of the Ministry towards members of foreign armed forces which will perform tasks in
the Czech Republic in the scope of aviation training and exercises and training on military
aviation technology.
c) Chicago Convention on International Civil Aviation of 7 December 1944 (known as the
Chicago Convention), promulgated in the Collection of Laws of the Czech Republic under No
147/1947 Coll. which aimed to create, unify and codify the fundamental principles and rules
guaranteeing the safety and development of civil aviation. The Chicago Convention furthermore
established the International Civil Aviation Organisation (ICAO) based in Montreal. This
specialised international organisation was empowered by the Member States to adopt
international standards and recommendations. This Convention formed the basis for the
transformation of the military aviation to meet ICAO standards, which primarily concerned
military systems managing and safeguarding air traffic and the associated safety technology.
d) International Convention No 130/2004 Collection of International Treaties on
cooperation in ensuring air traffic safety – European organisation for air traffic safety
(EUROCONTROL), which primarily focuses on the aviation navigation safety.
e) The Treaty on the European Union, the provisions of which generally apply to military
aviation in the field of transport and the Treaty on the Functioning of the European Union,
specifically in the part concerning common foreign and safety policy, specifically the procedural
definition of the Union's common defence policy.
f) The Convention for the Protection of Human Rights and Fundamental Freedoms, as
amended – the Draft Bill does not violate the fundamental principles of the protection of human
rights and fundamental freedoms and is thus in conformity with this Convention.
The Draft of the Act on Military Aviation is in accordance with the aforementioned
international treaties.
E) Social effects, including effects on specific groups of the population, in
particular socially disadvantaged individuals, persons with health disabilities
and ethnic minorities, and effects on the environment
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The proposed legislation contains no provisions that could result in undesired social effects.
The effects on the environment in the scope of air traffic are evident, as this does involve the
production of emissions or noise burdens similar to those in automobile traffic, but in the scope
of military aviation technology which the army uses to perform the tasks of the armed forces;
this is not in this technical field of regulation.
It must be noted here that a protective zone is established around military airports to reduce
the noise burden on the population in accordance with Act No 258/2000 Coll., on public health
protection and amendments to several related acts, as amended. Manufacturers, construction
offices or operators of military airports must request the Ministry to issue certification of noise
suitability in the scope of the airport suitability type approval. When approving the suitability of
military airports intended for performing the tasks of air transport for constitutional institutions,
the Ministry approves manufacturers’ documents confirming fulfilment of the requirements of
legislation on environmental protection for noise during aircraft operation and issues
certifications on noise suitability.
F) Assessment of the proposed legislation’s impact on the prohibition of
discrimination
The field of military aviation is a highly specific field which requires the fulfilment of
demanding requirements for the health capacity of military aviation personnel, especially for
military aircraft crews. The strict requirements for the professional and language capacity of
military aviation personnel and inspections of these capacities are in accordance with the
requirements for ensuring the safety and protection of air traffic. The capacity approval system
does not distinguish between individual natural persons based on their gender, nationality, social
origin or political membership. In accordance with the Act on Professional Soldiers, professional
soldieries may not be members of any political party. The political membership of Ministry
employees and other natural persons is not ascertained. The same requirements are placed on
military aviation personnel. They take individual categories or qualifications of military aviation
personnel into account. A certain logical difference arises when we compare the requirements for
soldiers in active service with the requirements for other natural persons. Greater demands are
placed on soldiers in active service, such as those concerning language skills, and health capacity
qualifications are placed on some of them. Nonetheless, this fact is based on the nature of
military service, so it cannot be considered discrimination. In the scope of preventing potential
discriminatory behaviour, the Ministry of Defence established the position of chief human
rights protection inspector, who develops concepts and conducts analytical activity in the field
of human rights protection at the Defence Department, especially in the fields of military health
and training, service and labour law relations, disciplinary law, human rights protection and
administrative activities. Soldiers may directly turn to the chief human rights protection inspector
with any potential grievances in this field. The chief human rights protection inspector takes part
in the activities of the Council the Government of the Czech Republic Committee for Human
Rights in establishing concepts for preventing socially undesirable phenomena and criminality
and setting priorities in the field of equal opportunity for men and women, as well as in the field
of ethnic minorities. He also represents the Ministry of Defence in the Council of the
Government of the Ministry for human rights as a permanent member. At the same time, he
works together with the human rights commissioner of the Czech government, the Czech
government commissioner for representing the Czech Republic before the European Court of
Human Rights and the Public Defender of Rights.
G) Assessment of impact on protection of privacy and personal data
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At this point, it must generally be noted that privacy law is not comprehensively defined by
any international treaty or domestic legislation. Privacy law by nature does not constitute a
uniform law, but a complex of an entire array of constituent laws (such as the right to family life,
the right to confidentiality of correspondence, the right of personal portrayal, and so forth). As
far as the definition of privacy law is concerned, this is field of law which is universal and
dynamic, and legislation is not able to promptly react to the explosive development of modern
technologies which are capable of encroaching upon people’s privacy (such as the internet and
social networking, mobile telephones, GPS, camera systems, etc.) and as a result, effective
protective mechanisms and means of defence are not in place. Thus courts and their decisionmaking work have to play a major role in this area.
The Ministry of Defence processes the personal data of holders of licences indicating
military aviation personnel qualifications for the purpose of protecting said data and monitoring
to prevent potential illegal activities such as altering the data specified on qualification licences.
Data covering the first name(s), surname or birth name (if applicable), date and place of birth,
address of permanent residency, vocation, acknowledged qualifications, type qualifications
(acknowledged qualification to work on military aviation technology, such as for pilots, aircraft
technicians and technicians for ground aviation equipment) and authorisations (such as local
authorisations for air traffic controllers) are processed electronically on computers which are not
connected to external computer networks and are located on premises with restricted access.
Should the data be lost, the information is also kept in paper form and filed individually, again in
restricted areas. The Director of the Military Aviation Department of the Ministry of Defence
decides on access to said data. The data will be liquidated when these natural persons are
removed from the register of military aviation personnel. In order to facilitate monitoring and
professional administration of persons’ qualifications, additional supporting registers (on health
capacity, qualifications to operate radio equipment and language skills) are kept by individual
specialised workplaces, since it is necessary to continuously verify whether certain military
aviation personnel members are subject to deadlines regarding the aforementioned capacities and
qualifications.
None of the records kept are public, nor are they available via remote access.
H) Assessment of corruption risks based on CIA methods
1. Proportionality
The Draft Bill submitted is proportionate in its scope, and the number of relationships which
it governs does not fundamentally differ from existing experience in practice resulting from
existing military aviation legislation contained in the Act on Civil Aviation and the Act on
Armed Forces.
The Ministry’s competences are specified in the Draft Bill, and new penalties are introduced
in the field of administrative offences, without which the current legislation would have no teeth.
Another new element is that it governs fields which previously caused uncertainty in practice
concerning the use of military airports by other (civil) persons. A list of military airports is also
being created in order to support the operational preparation of state territory. The competences
of the Ministry are not fundamentally expanded in comparison with the prior legal situation.
2. Effectiveness
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The effective implementation of the regulation established by the Draft Bill has already been
proven according to existing legislation in effect. The Draft Bill was developed with the aim of
creating comprehensive rules governing military aviation and increasing the comprehensibility of
the rules being introduced, as well as their clarity in application and enforceability. No
fundamental changes are being made in relation to regulation inspection; the inspection
mechanisms are established in accordance with the Inspection Code effective as of 1 January
2014. Enforcing the regulation will entail partial procedural changes in the scope of issuing fines
for the perpetration of administrative offences by legal entities and natural persons conducting
business, since, according to existing legislation, violating the established obligations is dealt
with in certain cases by restricting the validity of authorisations issued. Fines issued should deter
these subjects from committing further violations of the established obligations. At the same
time, however, the fines should not restrict business as long as the violations of their statutory
obligations are not fundamental in nature. The Draft Bill contains procedures which enable the
Ministry to inspect and enforce compliance with the regulation on a nation-wide basis.
3. Responsibility
The Draft Bill delineates competence between military and civil aviation in the field of
approving traffic at military airports with mixed air traffic and at military airports where civil
airport users operate as well. The performance of state administration in military aviation is in
the jurisdiction of the Ministry. For reasons of comprehensibility, the Ministry’s competences are
provided for individually in Chapter VII of the Draft Bill. This does not result in a
disproportionate concentration or division of the Ministry’s authority. During the preparation
phase, the development of a draft bill on the flight of state aircraft (military, police and customs)
was taken into consideration, but this would have fragmented the responsibility among three
different public administration authorities. This solution would have required a separate authority
to be created, so this concept was ultimately cast aside. The Draft Bill only regulates the field of
military aviation, which is administered by the Ministry, and in some cases in cooperation with
the Ministry of Transport and the Office for Civil Aviation. Much of the competence in the scope
of the Ministry is transferred to the Military Aviation Department. The other part is performed by
the competent specialised divisions of the Ministry. According to the Draft Bill, the Ministry is
capable of delegating the performance of state administration to authorised persons. The main
goal is to ensure state supervision of manufacturers of military aviation technology, in which the
Ministry verifies their capacity using said authorised persons and then approves each individual
product. To accomplish this, it uses the State Technical Supervision Office as an entity
authorised to perform state administration. Another major field which this institution already
uses today consists of various types of tests which the Ministry is not equipped to conduct and
authorises other persons to do so. A new element in the scope of the Draft Bill will also be
military aviation personnel inspectors in the process of approving military aviation personnel
qualifications and entering said qualifications on the licence of qualification. The use of these
institutions is desirable in cases such as foreign missions of the Army of the Czech Republic.
Personal responsibility for specific decisions is unambiguously provided by the Ministry’s Rules
of Organisation, a description of work activities and a written agenda kept for each individual
administrative procedure.
4. Legal remedies
The provisions of Act No 500/2004 Coll., the Rules of Administrative Procedure, as
amended (hereinafter the ‘Rules of Administrative Procedure’), apply to the procedure
established in the Draft Bill. This means that it also applies to grievances pursuant to Section 175
of the Rules of Administrative Procedure for improper procedure on the part of the Ministry in
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the course of proceedings. In accordance with the provisions of Section 152 of the Rules of
Administrative Procedure, the legal remedy against a decision of the Military Aviation
Department of the Ministry of Defence is an appeal. Appeals are decided upon by the Board of
Appeals of the Minister of Defence. Legal instructions on the possibility of appeal for the parties
addressed constitute an inseparable part of any decision in administrative proceedings. There are
no provisions in the Act which preclude the application of the Rules of Administrative
Procedure. Instead, there are only a few parts which introduce process-related differences in the
duration of administrative proceedings in light of the demanding nature of the entire
administrative process. This involves the type approval of the suitability of military aviation
technology: dozens or even hundreds of tests on military aviation technology and timeconsuming operational tests are conducted in the scope of this process.
The Military Aviation Department of the Ministry of Defence decides on grievances in the
procedures of authorised persons in accordance with Section 61(1)(a), (b) and (c).
5. Control mechanisms
The Draft Bill defines the system of responsibility in military aviation. Examples of this
include Section 62 in relation to the obligations of manufacturers and operators of military
aviation technology, Section 69 for the air traffic of military aviation technology operators,
Sections 77 and 78 for the rights and obligations of authorised persons, Sections 101 through 103
for the obligations of military airport operators, legal entities and natural persons authorised to
prepare military aviation personnel using military aviation technology and military aircraft
operators, and Sections 125 through 128 for establishing competence in the performance of state
administration in military aviation.
The Draft Bill does not establish an internal control system, because this is not managed by a
single, self-standing authority The internal control of the Military Aviation Department of the
Ministry of Defence is based on the establishment of this system in the scope of the Ministry,
which has an established Inspectorate of the Ministry of Defence (IMO) and internal audit
department. Research on accepted decisions is conducted by the IMO and has been applied many
times in practice. As long as a criminal act has not been committed, the penalty mechanism will
be based on the Ministry’s internal regulations.
6. Weight of individual criteria
6.1 Demand aspect
One competent technical department of the Ministry will always decide on a given matter in
proceedings. In matters of military aviation, this would be the Military Aviation Department of
the Ministry of Defence. If a motion is transferred to another subject, then this subject will be
required to inform the participant in the proceedings of this fact. The competent official persons
who are responsible for reaching a decision can be determined ahead of time by making a
telephone or written enquiry, or by a visit in person. The course of action in issuing opinions is
similar. The subjects and frequency of the Ministry’s (or the Military Aviation Department’s)
decisions over the course of a calendar year are noted here for explanatory purposes:
1) 80x on technical qualifications of military aviation personnel; a record on the test is
issued;
2) 60x on language qualifications based on English radio/telephone phraseology and
aviation terminology;
3) 1 000x on issuing qualification licences and extending their validity, or that of the
qualifications specified in them; licences are issued or the validity of the records
specified in them is extended;
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4) an estimated 20x on technical qualifications to operate radio transmission equipment
pursuant to Section 20(3); an entry is made in the licence or an operator licence is issued
(this involves a new agenda based on the Draft Bill);
5) 15x on approving preparation plans and the signing of said plans;
6) 20x on the entry or deletion of military aircraft into or from the list of military aircraft;
certifications are issued;
7) 2x on the type approval of military aviation technology or partial changes;
8) 110x on the capacity of military aviation technology; decisions are not always issued, but
the institute also uses Section 154 of the Rules of Administrative Procedure;
9) 250x on orders on maintaining airworthiness and supplementary instructions on
maintaining airworthiness; orders are issued;
10) 40x on capacity for the development, project planning, production, testing, installation,
maintenance, repair, modification or design alterations of military aviation technology;
11) 4x on capacity for the preparation of military aviation technology;
12) an estimated 5x for establishing types of military airports and changing them in
accordance with Section 79(1); (this again involves a new agenda);
13) 3x on the establishment of protected zones around military aviation structures; general
measures are issued;
14) 600x on activities in protected zones of military aviation structures; binding opinions are
issued;
15) 5x on permits for public air shows;
16) 10x on granting consent to public air shows; decisions are not issued;
Specific technical knowledge is essential for making decisions and inspecting the
performance of public administration in the given fields. Knowledge of procedural rules is
generally sufficient for researching decisions.
6.2 Supply aspect
Identification of key subjects concerned
In the scope of the practical performance of state administration activities in military
aviation, the fields which could present risks of corruption can be divided into several parts,
specifically in relation to approval, authorisation, record-keeping and issue of binding opinions
on:
a) qualifications of natural persons;
b) suitability of military aviation technology;
c) capacity of legal entities and natural persons conducting business;
d) issue of permits for the use of military airports by other legal entities and natural person;
e) issue of permits for public air shows;
f) establishment of structures in protective zones.
The following groups of legal entities and natural persons can be allocated to this:
a)
A natural person as an applicant for the issue of a licence of qualification as military aviation
personnel, licence as an operator of radio transmission equipment, extension of qualifications
and the items specified in them, testing on technical and language capacities and evaluation of
health capacity. This also includes natural persons, such as qualification licence holders, who are
subject to state supervision of the performance of military aviation activities;
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The subjects concerned include natural persons in a service or employment relationship with:
- bodies and institutions of the Armed Forces of the Czech Republic and allied states;
- LOM PRAHA s. p.;
- Aero Vodochody AEROSPACE a. s.;
- EVEKTOR s.r.o.;
- HTP Ostrava CZ a.s.
b)
Legal entities and natural persons (whether conducting business or not) as owners or operators of
military aviation technology who apply for approval of the capacity of said technology (type
approval, airworthiness, operational approval, etc.). This also includes holders of the applicable
certifications military aviation technology who are subject to state supervision of operation and
maintenance;
Subjects concerned include:
- bodies of the Armed Forces of the Czech Republic:
- LOM PRAHA s.p.;
- Aero Vodochody AEROSPACE a.s.;
- EVEKTOR s.r.o.;
- HTP Ostrava CZ a.s.;
- ALES, s.r.o., etc.
c)
Legal entities and natural persons conducting business as persons applying for the issue of
authorisation for the development, project planning, production, testing, installation,
maintenance, repair, modification or design alterations of military aviation technology as well as
for preparation using military aviation technology. This also includes legal entities and natural
persons conducting business as holders of authorisation for these activities who are subject to
state supervision of said activities.
The following subjects affected are major businesses in industry and aviation. Examples of
these include:
- LOM PRAHA s. p.;
- Aero Vodochody AEROSPACE a. s.;
- ALES, s.r.o.;
- Aircraft Industries a. s.;
- ATS-TELCOM Praha a. s.;
- AVIATION SERVICE a. s.;
- Česká letecká servisní a. s.;
- DICOM ARMY, s.r.o.;
- ELDIS Pardubice s.r.o.;
- ERA Pardubice s.r.o.;
- EVEKTOR s.r.o.;
- HTP Ostrava CZ a. s.;
- JIHLAVAN, a.s.;
- LD Aviation Prague s.r.o.;
- Phoenix-Zeppelin s.r.o.;
- ROHDE&SCHWARZ-Praha, s.r.o.;
- T-CZ, a.s.
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These are established companies with a high level of technical competence and
professionalism in the field of aviation which the Ministry has been successfully cooperating
with for many years. Some of them are members of associations such as the Association of
Defence Industry and the Association of Aviation Manufacturers. The Ministry has recorded no
incidences of corruption relating to the aforementioned companies. All applicants (regardless of
whether legal entities or natural persons who do or do not conduct business) must meet the
conditions for issuing authorisations required by law. This applies without exception. Over the
course of the administrative proceedings, the applicant’s property structure may be verified while
evaluating the submitted documents, although the subjects are transparent from the Ministry’s
perspective, since cooperative efforts with most of them have been verified for many years.
d)
Legal entities or natural persons as applicant and aviation technology operator requesting the
issue of a permit to use military airports:
Subjects concerned include:
- LOM PRAHA s.p.;
- LD Aviation Prague s.r.o.;
- Aerotaxi s.r.o.;
- Česká letecká servisní a.s.;
- SECAR BOHEMIA a.s., etc.
e)
Legal entities and natural persons (whether conducting business or not) as applicants for the
issue of a permit for a public air show. This also includes legal entities and natural persons
(whether conducting business or not) as holders of permits for public air shows who are subject
to state supervision of event organisation;
Examples of concerned subjects include:
- Jagello 2000 – Association of Euro-Atlantic Cooperation;
- military bodies of the Army of the Czech Republic.
f)
Legal entities and natural persons (whether conducting business or not) as submitters of project
documentation for the establishment of structures in military airport protective zones and
military airport ground facility protective zones for which an opinion is issued during building
permit proceedings.
A typical example of this group is AGA – Letiště s.r.o.
7. Identification of specific corruption risks from the perspective of the key subjects
concerned
The nature and extent of encroachments into the interests of the individual subjects
concerned is based on the existing legislation, specifically the Act on Armed Forces of the Czech
Republic, the Act on Civil Aviation and the directly applicable legislation of the EU. New
regulation is only being introduced in the following fields:
7.1 qualifications of natural persons to operate radio transmission equipment;
7.2 issue of permits for the use of military airports by other legal entities and natural person;
7.3 issue of permits for public air shows;
7.4 infraction proceedings and definition of penalty amounts.
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No changes are being made to the affected subjects’ position in comparison with existing
legislation, except for regulation of the use of military airports by subjects other than the army.
This field has not been regulated to date. In terms of transparency, this will result in a major shift
and an unambiguous definition of rights and obligations. In this case, the risk of corruption is
minimised by the statutory requirement for the government to state its position on authorisation
for the subject in question to use a military airport.
8. Identification of the impacts of individual corruption risks and their probability of
occurring
The results of the regulation are not subject to scrutiny or doubt with regard to corruption,
circumvention of laws or the emergence of a grey economy. The field of permits for civil flights
from military airports is currently dealt with by the General Staff of the Army of the Czech
Republic, because its system is suitably established, the number of civil users at military airports
is limited and it establishes clear rules for civil users’ activities on military premises.
9. Identification of alternative solutions for limiting or eliminating risks (or reducing
their effects or reducing the probability of them occurring)
The submitted Draft Bill limits risks of corruption by clearly specifying the conditions
according to which decisions on applicants of all groups are made. If the statutory requirements
are met, then the application will be approved. Otherwise the reasons for the decision will be
stated, the requirements which were not met will be specified and the applicant will naturally
have the option of filing a legal remedy. The attempt at eliminating risks of corruption to the
greatest degree possible is also ensured in that the processes of fulfilling the statutory
requirements involves tests conducted by experts in the relevant fields to evaluate the
qualifications of military aviation personnel and the suitability of military aviation technology.
The submitter is not able to identify any other risk limitation alternatives.
10. Concerned subjects’ potential for corruption
The concerned subjects’ potential for corruption, including lobbying or contacts to
politicians, cannot be ruled out. No attempts at special-purpose arrangements in the Draft were
noted during the preparation of the Draft Bill. There are no known instances of corrupt activity
among these subjects.
11. Cost and benefit assessment resulting from the proposed regulation for the subjects
concerned
One positive aspect of the submitted legislation is that it is incomparably more
comprehensive and uniform, which ensures that the requirements for users of this legal standard
will be more comprehensible. The frequency of the administrative proceedings conducted will be
limited, which substitutes inspection work. The introduction of penalties provides the Ministry
with instruments for enforcing the law. The administrative fees are intended to cover the
Ministry’s expenditures associated with conducting administrative proceedings. The scope of
regulation as such does not extend beyond the scope of the existing legislation, other than the
exceptions noted in Point 2, and thus does not result in any disproportionate heightening of state
administration requirements. The introduction of administrative fees does not result in any
significant increase in the costs of products’ life cycle.
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12. Overall assessment of the risks of corruption in the given field before and after this
the proposed regulation’s entry into legal effect
In light of the Draft Bill’s nature, which primarily sorts and unifies existing legislation on
military aviation in the Czech Republic, it can be said that the Draft Bill does not pose the risk of
an increase in corruption, it will not complicate the detection of corrupt activities and will not
facilitate corrupt activities. This is above all due to the anchoring of the requirements for
individual groups of applicants, which contributes to the clarity of interpreting the legislation.
The introduction of rules for the use of military airports by users of civil aviation technology
also reduces the risk of corruption in that field.
13. Transparency and open data
The Ministry of Defence’s anti-corruption programme establishes clear inspection
mechanisms which the Inspectorate of the Minister of Defence (IMO) follows when proceeding
in the field of prevention, detection and penalisation of corrupt activities. The IMO is the
Ministry’s highest internal control body and is in charge of conducting internal inspections in the
handling of public funds in the sphere of action of the department of the Ministry of Defence.
The IMO is also the sponsor of the inter-departmental anti-corruption and human rights
protection programme in the defence department. The Ministry has compiled and published an
overview of activities which pose legitimate risks of corruption arising and measures to curtail
them. This overview contains mapped sources, critical points and types of potential corrupt
activities, measures against corrupt activity and an inspection procedure to ensure compliance
with said measures. This overview is continuously evaluated and updated. Another document
compiled and developed in connection with the fight against corruption is the information file for
professional soldiers and civilian employees in the Ministry of Defence department, who can
meet while performing their service and tasks concerning corruption. This document was
compiled in cooperation with the Military Police and is intended to aid all soldiers and civilian
employees who encounter corruption when performing their functions.
These documents are available to the public on the internet site www.army.cz. Employees of
the Ministry can also access them at the internet site of the Inspectorate of the Ministry of
Defence on the Ministry of Defence intranet. Suggestions can be sent to the email address
korupce@army.cz. Information and warnings sent about potential corrupt activity are checked on
a regular basis.
All inspection findings are published in a form which is compliant with the protection of
personal and civil information and the protection of confidential information.
The Draft Bill influences the accessibility of information pursuant to Act No 106/1999 Coll.
on free access to information, as amended, above all in relation to the keeping of registers and
lists which are not public. One must also take into consideration the nature of military aviation
and the Army of the Czech Republic, or the armed forces of the Czech Republic or allied armed
forces, as the case may be. However, the Ministry does disclose information in common practice
pursuant to this Act. Most enquiries focus on flight activity and measures to prevent negative
effects caused by military aircraft operation. Information from the registers and lists is only
transferred to persons who demonstrate a legal interest in said information.
14. Conformity with practice and proportionality
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In terms of the material intent of the Act on Military Aviation, the Draft Bill is established to
unify the legislation into a single piece of legislation. In light of this, the majority of the
provisions are based on legislation which is currently in effect, meaning that the Draft Bill is in
conformity with established good practice and procedures and processes which have already
been introduced in the field of military aviation and, to some extent, civil aviation. The penalties
are greater in light of the extent of the potential consequences, but they are still proportionate in
comparison with the existing legislation.
15. Data collection
Data on risks of corruption detected in the field of military aviation will be collected on the
level of the military aviation department of the Ministry of Defence. Prior to this, data were only
collected on a general level, centralised throughout the entire Ministry (see Point III).
II. SPECIFIC PART
Re Section 1
This is the introductory provision which defines the subject of the legislation in the Draft
Bill. The subject of the legislation is the definition of the concept of military aviation.
Re Section 2
For the purposes of ensuring supervision of air traffic of military aircraft belonging to foreign
states in the airspace of the Czech Republic, it is proposed to empower the Ministry of Defence
to conduct control and inspection concerning the technical and operational condition of said
aircraft in accordance with Sections 69 and 128. The goal is to ensure the maximum possible
degree of safety of all air traffic in the airspace of the Czech Republic. If it is ascertained that the
operation of said aircraft is detrimental to flight safety, the Ministry of Defence shall proceed in
accordance with Section 128(2) and (3) of the Draft Bill. If the aircraft is determined not to be
airworthy, the pilot concerned shall be governed by the provisions of Section 69 of the Draft Bill,
meaning that he or she will not be allowed to take off until the faults in question have been
rectified.
Re Section 3
This provision defines the basic terms with the goal of clearly establishing the Ministry’s
scope of action in performing state administration in matters concerning military aviation.
Versatility is an important characteristic of military aviation personnel which ensures safe
and flowing air traffic and which is defined by this draft. In the scope of the army and the
Ministry, military aviation personnel is made up of soldiers in active service and civilian
employees who complete tasks pursuant to Act No 219/1999 Coll. Other military aviation
personnel is made up of natural persons at legal entities and natural persons conducting business.
Furthermore, foreign nationals may become military aviation personnel for training purposes in
the performance of tasks resulting from international treaties on common defence. In light of the
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fact that military air traffic may also be safeguarded by civil aviation personnel, holding a licence
of qualification is an inseparable attribute of military aviation personnel.
Furthermore, the draft uses similar measures to define the terms military aviation technology,
military aircraft, military aviation technology type, military aviation technology product, military
aircraft components and equipment, military aviation ground equipment and prototypes. The
starting point in doing so was the introduction of the terms in Act No 219/1999 Coll. But this
draft introduces new definitions of military flight, military airport, military airport operation and
the use of military airports. Legislation in this field established by Regulation No 216/2008/EC
was observed in the process of defining the terms and drafting the text of other provisions in
order to take the aims of that Regulation account and to observe Act No 49/1997 Coll.
Military material which armed forces of the Czech Republic use is subject (once military
tests have been successfully completed) to thorough record-keeping and cataloguing
(Section 1(2)(c)), Act No 563/1991 Coll., on accountancy, as amended, and Section 9 of Act
No 309/2000 Coll., on defence standardisation, cataloguing and state quality verification and
services intended for state defence, and on amendments to the Trade Licensing Act, as amended.
Said material also includes unmanned military aircraft with a maximum take-off weight of up to
20 kg. A system for preparing military personnel has been introduced in the armed forces of the
Czech Republic. This system handles and manages said material, regardless of what type of
material it is. In light of these facts, the Ministry of Defence is not reducing the weight limit of
unmanned military aircraft for suitability approval. The Ministry is establishing conditions
pursuant to Section 69(4) on the operation of the technology in questions in cases concerning the
operation of unmanned military aircraft with a maximum takeoff of up to 20 kg which are not
deemed to be aircraft in the sense of this Act. Flight is governed by the Ministry’s internal
regulations, which also cover flight rules to an appropriate extent. Due to the subsequent
development, this amounts to regulation in civil aviation and the assurance that preparation for
operators and programmers will be provided by way of supply (to name one example), which
will be concurrent with the execution of Section 72(2) and (3). For the purpose of approving the
suitability of technology and the qualifications of military personnel, the category of unmanned
military aircraft is furthermore divided into remote-controlled military aircraft and automatic
military aircraft.
Re Section 4
The principles for flight safety, standardisation of technology, procedures and conformity
with flight rules throughout the entire world are governed by the international organisation
ICAO, which establishes the fundamental conditions for this purpose based on international
treaty. NATO proceeds in accordance with these international standards for reasons of efficiency
and mutual benefit. Military standardisation authorities only issue addenda to these regulations
which govern specific aspects of military aviation. Another organisation which works to unify
requirements for air traffic control service is the international organisation EUROCONTROL,
which in turn issues its own requirements for this purpose. In light of practical applicability, it is
not necessary to transfer the aforementioned regulation instruments into the national law of the
individual states in these cases, and in most cases it will suffice to link these instruments to the
given state’s legislation in effect. In civil aviation in the Czech Republic, the ICAO regulations
are issued and published as internal regulations of the Ministry of Defence. The Ministry of
Defence has assumed this model. For these reasons, it is proposed to link the Draft Bill to these
international regulation instruments in effect.
Re Section 5
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This provision describes the general requirements for military aviation personnel. The basic
criteria are age, good repute, technical and language qualifications and health capacity. These are
assessed before the military aviation personnel qualification licence is issued or renewed.
Another of the conditions is the validity of the military aviation personnel qualification licence.
At the same time, the Ministry is switching to a new classification of military aviation personnel
based on ICAO conventions. It shall apply to military aircraft crew and ground-based military
aviation personnel. It also defines individual terms. Military aircraft crew is divided into flight
crew and onboard crew. Ground-based military aviation personnel is divided into aviation
service personnel, personnel for controlling unmanned military aircraft and technical personnel.
The draft of the new legislation will shift the current pilot-operators of unmanned devices to
ground personnel. The classification of ground personnel has been reworked due to development
in this field.
Re Section 6
Military aviation personnel’s good repute is based on current provisions contained in Act No
49/1997 Coll. New conditions beyond that scope are established in relation to criminal acts
committed in connection with handling weapons and ammunition. A measure to require a
duplicate of the final decision from the court is proposed in order for the Ministry to verify the
good repute of the personnel in question. If the decision does not contain the crucial information
for verifying good repute, it is proposed for the Ministry to be authorised to examine the parts of
the criminal record which contain the needed information.
The provision does not apply to applicants for the performance of military aviation
personnel activities who are able to demonstrate their good repute pursuant to the Act on
Professional Soldiers, nor does it apply to members of allied countries’ armed forces or
international organisations ensuring common defence against attack which the Czech Republic is
a member of. It also does not apply to natural persons and legal entities which are able to
demonstrate their capacity and suitability in accordance with the Act on Handling Security
Equipment (zákon o nakládání s bezpečnostním materiálem).
Re Section 7
Technical qualification is one of the conditions for obtaining a military aviation personnel
qualification licence and is of key importance for performing the activities in question oneself. In
terms of the specifics, the individual categories of military aviation personnel are divided into
qualification, type capacity or capacity for each individual workplace and airport, rank, combat
usability and other capacities. A prerequisite for demonstrating qualifications by way of testing is
the achievement of a prescribed level of education and completion of the prescribed instruction
and training courses. Various requirements, instruction content and training system are
prescribed for each military aviation personnel qualification. All of these requirements have been
incorporated in the implementation regulation, a working draft of which is appended to the Draft
Bill.
Re Sections 8 through 15
Much like civil aviation, further qualifications (technical knowledge based on the basic
military aviation personnel qualifications) are established in the system of preparation and
capacity monitoring. These concern instructors, inspectors, test pilots and practising pilots. One
exception from the application of further instructor and inspector qualifications is air traffic
control, which has terms introduced for operation instructor, evaluator and examiner. The term
‘inspector’ is not introduced for air traffic control. The terminology and competence of the
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relevant EU legislation is retained for operation instructors, evaluators and examiner. This is
primarily due to the fact that these terms have been adopted in military aviation in the scope of
regional and airport air traffic services by Commission Regulation 805/2011/EU. Another issue
concerns further military qualifications which are different from those in the civil sector. In this
case, the terms ‘instructor’ and ‘inspector’ remain in use, together with other military aviation
personnel.
With the further qualifications evaluator, examiner and inspector, these natural persons can
be authorised to perform their respective activities in question. In the scope of their authorisation,
these persons in turn conduct administrative monitoring of compliance with the capacities of the
given category of military aviation personnel on behalf of the Ministry. The use of this institution
is highly desirable in missions abroad.
Similarly, practical work in real air traffic at sites of operation is taken into account in the
scope of the operational training introduced for air traffic controllers. This term cannot generally
be applied with the other categories of military aviation personnel. For that reason, the term
‘practical training’ is used for other cases. Practical training can be conducted (either entirely or
partially) on military aviation equipment located in the hanger.
The provision describes the basic requirements for these additional qualifications.
Re Sections 16 through 21
As already mentioned, one of the basic conditions of military aviation personnel qualification
is health capacity. However, military aviation personnel does not only consist of soldiers in
active service, but also civilian employees of the Ministry and other natural persons. In light of
this, the health requirements are applied to each individual category of military aviation
personnel.
The basic personnel groups are military aircraft crew, air traffic controller and personnel for
controlling unmanned aircraft, which the Institute of Aviation Medicine evaluates according to
the criteria laid down by the statutory implementation regulation. At present, this involves
Regulation No 282/1999 Coll., which is rescinded and reworked in the scope of this Draft Bill.
This Draft Bill provides for the assessment of health capacity, the issue and verification of
medical evaluations of military aircraft crew members, personnel for controlling unmanned
aircraft and air traffic controllers, which make up a selected category of military aviation
personnel, and its health capacity will be assessed in accordance with the Act on Military
Aviation. The statutory implementation regulation will lay down the types of military
inspections, levels of health capacity, aviation health classifications and a list of diseases, injuries
and medical conditions which commonly appear in aviation assessment work in the selected
categories of military aviation personnel.
No distinction is made in this group between soldiers in active service and civilian employees or
other natural persons. Health capacity is entered in a health capacity certificate, which this
category of military aviation personnel must carry on their person. With other categories of
military aviation personnel, health capacity to conduct the respective work in question is part of
the qualifications entered on the qualification licence.
In the case of military aviation personnel training abroad, the Institute of Aviation Medicine
may acknowledge health capacity based on a certificate from a different country.
The health capacity of military aviation personnel members is assessed by a medical service
provider (Institute of Aviation Medicine) with the help of examining physicians who have
obtained special professional qualifications pursuant to Act No 95/2004 Coll. on the medical
professions of physician, dentist and pharmacist, as amended. The examining physician issues
the health suitability evaluation based in the health examination of the applicant. This evaluation
serves as the supporting document for the recognition (or denial of recognition) of the applicant’s
health capacity and the issue of the health capacity certificate.
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Re Sections 22 and 23
Language skills are verified using a test based on ICAO and EU requirements. These
requirements are laid down by Commission Regulation 1178/2011/EU and Commission
Regulation 805/2011/EU. The Ministry currently applies requirements for language skills to air
traffic controllers in accordance with Act No 49/1997 Coll., including periodic review. However,
these provisions have now been removed from this act precisely because of the directly
applicable European Union legislation which was issued. Members of the cabin crew are only
examined in cases of flights to foreign countries, emergency system tasks and flights shared with
foreign crews. Periodic reviews had not previously been introduced for this group. This Draft
Bill is now introducing periodic reviews for this group of persons as well.
The draft contains requirements for the language skills of applicants for tests, assessment and
the validity of the tests. The institute is introducing new inspections to ensure proper language
use in practical operation.
It proposes to adopt the evaluation scale pursuant to Commission Regulation 805/2011/EU
which extends beyond the scope of the legislation and will be in effect as of the date of issue, in
order to preclude potential negative effects of future amendments to the Regulation. The scale
for air traffic controllers is analogous to the scale for pilots, which is part of Commission
Regulation 1178/2011/EU. The transitional provisions in the Draft Bill include a reaction to the
introduction of the periodic review system.
Re Section 24
This provision is connected to Section 17(10) and Section 26 of Act 127/2005 Coll. Section
17 in particular addresses the matter that the frequency bands which are reserved for the Ministry
for military purposes in the frequency band allocation plan (national frequency table) may be
used for military purposes without a decision to issue authorisation to use radio frequencies. In
relation to military aviation, transmission equipment on the allocated military radio frequencies
for mobile aviation service (onboard radio equipment on military aircraft) may be operated by
soldiers in active service or civilian employees, as well as by natural persons who are employed
at military airports by LOM PRAHA s. p., or are employed at civilian or military airports by
Aero Vodochody AEROSPACE a. s. and Evektor s. r.o., and in airspace controlled by civil
authorities or military administration authorities. Both military and civilian frequency bands are
used. From this perspective, the Ministry arrived at the conclusion that is expedient for this field
to be regulated in the scope of the Ministry. Until now, preparation was only conducted in
courses of study at the University of Defence.
The completion of a test at the Ministry will be a condition for obtaining a licence of
technical qualification to operate radio transmission equipment. The test of technical
qualification to operate radio transmission equipment provided for soldiers in active service must
be on at least the same level as the test for demonstrating qualification to operate radio
transmission equipment pursuant to the Electronic Communications Act.
The test will be valid for 10 years. The Ministry only issues the qualification licence for radio
transmission equipment operators who are not military aviation personnel, but who communicate
on military aviation frequencies.
The test also includes a language part, but it is not analogous to the language part which is
prescribed for cabin crew and air traffic controllers in accordance with ICAO and EASA
requirements.
Re Section 25
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The Ministry issues the military aviation personnel qualification licence if the personnel
meets the requirements of the Act on Military Aviation. Two new forms of qualification licences
are being introduced: a full version and a simplified version known as a certificate of
qualification. Both versions are based on conventions in civil aviation, and the simplified version
corresponds to the format of the certificate of qualification for onboard attendants pursuant to
Commission Regulation 1178/2011/EU. It will be applied to multiple categories of military
aviation personnel. The draft introduces the rights and obligations of qualification licence
holders, a register of qualification licence holders and the Ministry’s duties when inspecting
qualification licence holders. The qualification licence must contain all pertinent information
associated with the authorisations which the document grants.
Re Sections 26 through 28
The military aviation personnel register is established for the purpose of recording and
inspecting military aviation personnel who have been issued with a licence of qualification.
Natural persons who are being prepared to perform the work of military aviation personnel and
have started practical training are also entered into this register. The register is kept by the
Ministry and is not open to the public. The draft also provides for removing entries in this
register. Also associated with the register is a proposal for the Ministry to be able to use
information from the basic population register and the information system for the population
database to conduct its activities.
Re Section 29
The Ministry may acknowledge the valid qualification specified in the licence of
qualification or an analogous document from a foreign country, including related authorisations,
if the same or similar requirements for personnel qualification have been met. It is assumed that
qualifications recognised by the Civil Aviation Authority are approved in cases of trained
persons from civil aviation being transferred to the armed forces of the Czech Republic in
peacetime, as well as in states of emergency and national threats. Qualifications recognised by
other states are proposed to be used in cases of international training in the scope of the
Multinational Aviation Training Centre (MATC) based in the Czech Republic, or other similar
activities.
Re Sections 30 through 31
The submitter’s aim is to develop a validity system for authorisations to perform the work of
military aviation personnel based on valid qualification as military aviation personnel. Military
aviation personnel perform work according to qualification, type capacity, local capacity, rank
and other capacities which are specified on the qualification licence. For the performance of
certain work, this is always a summary of qualifications or qualifications and other capacities.
Further proposed provisions on this basis govern the beginning and end of the qualification
licence’s validity, withdrawal of the qualification licence and the suspension and withdrawal of
qualifications and other capacities. Errors which could cause damage or losses or harm to
persons’ health may be deemed to be gross negligence, which may lead to withdrawal of the
qualification licence. Situations in which a military aviation personnel member performs military
aviation personnel activities which he/she is not authorised to perform are deemed to be misuse
of the qualification licence.
Re Sections 32 through 34
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Capacity as cabin crew of a military aircraft is granted by aircraft navigation and flight safety
qualifications, while capacity as onboard crew is granted by aircraft system operation and flight
safety qualifications, which are entered on the qualification licence. The Ministry issues
qualification licences for these categories of military aviation personnel at the request of natural
persons who meet the requirements of this Act. At the same time, the draft sets the length of the
validity of medical examinations at 12 and 24 months, depending on the nature of the tasks to be
carried out. It also exempts military aviation personnel which carry out tasks abroad on foreign
military aviation technology from the duties specified in the entry of qualifications. Last year, for
instance, this pertained to the crew of an AWACS military aircraft. Requirements for the
theoretical knowledge and practical skills, training and tests will be laid down by the
implementing regulation on the basis of the authorisation specified in Section 135(1).
Re Sections 35 through 36
Capacity as a military air traffic controller and military air traffic controller in training is
granted by qualification for air traffic control, which must be entered on the qualification licence.
The Ministry issues qualification licences for these categories of military aviation personnel at
the request of natural persons who meet the requirements of this Act. At the same time, the draft
sets the length of the validity of medical examinations at 12 months. The details are laid down by
Commission Regulation 805/2011/EU. All documents will be unified with this Regulation’s
requirements to the greatest degree possible. Requirements for the qualifications of regional,
airport and approach control, provisions for qualifications and issuing them, requirements for
practice, knowledge and skills of air traffic controller evaluators will be laid down by the
implementing regulation on the basis of the authorisation specified in Section 135(1).
The draft is based on the current provisions contained in Act No 49/1997 Coll., which the
European Union requirements have been transposed to. It proposes to adopt rules which extend
beyond the scope of the legislation and which will enter into effect as of the date of issue, in
order to preclude potential negative effects of future amendments to the Regulation.
Re Section 37
Capacity as military aviation personnel for the aviation radio navigation service is granted by
qualifications for the operation, operation security, repair and maintenance of the equipment used
in this service, which must be entered on the qualification licence. The Ministry issues
qualification licences for these categories of military aviation personnel at the request of natural
persons who meet the requirements of this Act. Requirements for the theoretical knowledge and
practical skills, training and tests will be laid down by the implementing regulation on the basis
of the authorisation specified in Section 135(1).
Re Section 38
Capacity as military aviation personnel for aviation meteorological services is granted by
qualifications for the meteorological safeguarding of air traffic, which must be entered on the
qualification licence. The Ministry issues qualification licences for these categories of military
aviation personnel at the request of natural persons who meet the requirements of this Act. The
details are established by the requirements of the World Meteorological Organisation contained
in WMO technical provisions No 49 Vol. I, ‘General meteorological standards and practices’ and
WMO No 258 ‘Guidelines for the Education and Training of Personnel in Meteorology and
Operational Hydrology Vol. 1: Meteorology,’ which are applied based on an agreement with the
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ICAO (document ICAO 7475 from 1963 ‘Working arrangements between the International
Aviation Organisation and the World Meteorological Organisation’).
The Ministry has a new proposal to allocate said personnel to military aviation personnel
based on the development of civil aviation requirements for meteorological aviation services.
Requirements for the theoretical knowledge and practical skills, training and tests will be laid
down by the implementing regulation on the basis of the authorisation specified in
Section 135(1).
Re Section 39
Capacity as military aviation personnel for aviation information services is granted by
qualifications for providing information for flight safety, which must be entered on the
qualification licence. The Ministry issues qualification licences for these categories of military
aviation personnel at the request of natural persons who meet the requirements of this Act.
Requirements for the theoretical knowledge and practical skills, training and tests will be laid
down by the implementing regulation on the basis of the authorisation specified in
Section 135(1).
Re Section 40
The capacity of military aviation personnel for airspace arrangement service is granted by
qualifications to operate airspace arrangement service equipment, which must be entered on the
qualification licence. The Ministry issues qualification licences for these categories of military
aviation personnel at the request of natural persons who meet the requirements of this Act.
Requirements for the theoretical knowledge and practical skills, training and tests will be laid
down by the implementing regulation on the basis of the authorisation specified in
Section 135(1).
Re Section 41
The capacity of personnel for controlling unmanned military aircraft is granted by the
qualification for operators controlling remote-controlled military aircraft, while capacity for
controlling automatic military aircraft is granted by the qualification for programming these
devices. The Ministry issues qualification licences for these categories of military aviation
personnel at the request of natural persons who meet the requirements of this Act. At the same
time, the Draft Bill sets the length of the validity of medical examinations of operators at 24
months. Requirements for the theoretical knowledge and practical skills, training and tests will
be laid down by the implementing regulation on the basis of the authorisation specified in
Section 135(1).
Re Section 42
Capacity as military aviation personnel for aviation engineering services is granted by
qualifications for ensuring the operation and maintenance of military aviation technology, which
must be entered on the qualification licence. The Ministry issues qualification licences for these
categories of military aviation personnel at the request of natural persons who meet the
requirements of this Act. Requirements for the theoretical knowledge and practical skills,
training and tests will be laid down by the implementing regulation on the basis of the
authorisation specified in Section 135(1).
Re Section 43
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Capacity as military aviation personnel for technical and operational aviation safety is
granted by qualifications for safeguarding air traffic, which must be entered on the qualification
licence. The Ministry issues qualification licences for these categories of military aviation
personnel at the request of natural persons who meet the requirements of this Act. Requirements
for the theoretical knowledge and practical skills, training and tests will be laid down by the
implementing regulation on the basis of the authorisation specified in Section 135(1).
Re Section 44
Capacity as military aviation personnel for airport security is granted by qualifications
relating to airport security and the operation of military airport technology for safeguarding air
traffic, which must be entered on the qualification licence. The Ministry issues qualification
licences for these categories of military aviation personnel at the request of natural persons who
meet the requirements of this Act. Requirements for the theoretical knowledge and practical
skills, training and tests will be laid down by the implementing regulation on the basis of the
authorisation specified in Section 135(1).
Re Section 45
Requirements for the organisation of instructional courses, aviation training and training via
flight simulation are government by Commission Regulation 1178/2011/EU, which lays down
the principles of training by suitable means. From the Ministry’s perspective, this concerns
training for obtaining and maintaining the initial qualification. Training for the combat use of
military aircraft is governed by the Ministry’s internal regulations. All documents will be unified
with the requirements of the Regulation to the greatest degree possible, as well as on the basis of
the authorisation specified in Section 135(1), which is laid down by the implementing regulation.
It is proposed to adopt rules which extend beyond the scope of EU legislation relating to
military aviation which will enter into effect as of the date of issue, in order to preclude potential
negative effects of future amendments to the Regulation.
Re Section 46
This provision collectively describes the requirements for the preparation of aviation service
personnel in the scope of military air traffic control services, meteorological military aviation
services and military aviation radio navigation services.
Organisations providing instruction and training, organisations for instructing and training air
traffic controllers (except for air traffic controllers and controllers of radar for combat use) are
governed by Commission Regulation 805/2011/EU. Training for air traffic controllers/radar
controllers for combat use is governed by the Ministry’s internal regulations. The requirements
for meteorological aviation services are based on the provisions of Section 4, and Commission
Regulation 1035/2011/EU is also applied to airports with mixed air traffic. The requirements for
aviation radio navigation service are laid down by Regulation 216/2008/EC and the requirements
pursuant to the provisions of Section 4.
It is proposed to adopt European Union rules which will enter into effect as of the date of
issue, in order to preclude potential negative effects of future amendments to the Regulation.
The requirements for the content and course of preparations for members of the
meteorological aviation service and aviation radio navigation service will be laid down by the
implementing regulation on the basis of the authorisation specified in Section 135(1).
Re Section 47
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This provision lays down general requirements for instructional and training organisations
for technical personnel. The requirements for the content and course of preparations will be laid
down by the implementing regulation on the basis of the authorisation specified in
Section 135(1). Aviation engineering service personnel are also governed by the Czech Defence
Standards and other technical personnel are governed by the Ministry’s internal regulations.
Re Section 48
For the purpose of inspection and potential analytical activities in the scope of detecting
safety shortcomings in flight training and compliance with flight safety standards, operators of
preparation courses on military aviation technology are required to store documentation relating
to said training courses to the extent specified. In terms of practical application, it is proposed to
set the archiving period at 3 years.
Re Section 49
This defines the binding nature of the provisions of Sections 45 through 48. The rules are
primarily intended for legal entities and natural persons handling military aviation technology
and apply analogously to army training. The Ministry or army uses internal regulations to
regulate this field.
Re Section 50
The draft introduces Chapter III for military aviation technology. This provision introduces
the duty to only use military aviation technology in military aviation if its airworthiness or
suitability for operation has been evaluated and certified, or if it has been released for operation.
The evaluation and certification will only apply to military aviation technology specified by the
Ministry by way of statutory implementation regulation. This particularly concerns airborne
military aviation technology and ground military aviation technology which influences flight
safety. The applicant shall cover the costs for conducting the prescribed evaluation and
certification. The proposed wording of the text is a statutory requirement which is based on Act
No 219/1999 Coll. Subjects other than the army may handle military aviation technology, which
is why there is an urgent reason for provisions governing this problematic issue as a whole.
Military aviation technology is defined by statutory implementation regulation pursuant to
Section 135(2).
Re Sections 51 through 58
This introduces records on military aircraft which are entered in the list of military aircraft of
the Czech Republic.
The current wording of Act No 219/1999 Coll. mentions the institution of the list of military
aircraft of the Czech Republic in Section 35b through 35d (the military aviation register). The
military aviation register of the Czech Republic is being renamed the military aircraft list of the
Czech Republic in accordance with the new Act No 89/2012 Coll., the Civil Code, and on the
basis of a basic comment made in the inter-departmental comment process. The Draft Bill adopts
and supplements the above-mentioned provisions on the institution of the right of lien, which
may arise with legal entities and natural persons handling military aviation technology pursuant
to this Act for the purpose of conducting business. It does not concern the Armed Forces of the
Czech Republic. At the same time, introducing the right of lien with a non-public list made it
necessary to lay down the possibility to view said list for persons who are able to demonstrate a
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justified interest, which may arise in the case of selling this technology, for example. The
Ministry only permits viewing of specific records. An extract from the list will be prepared upon
request.
The draft is supplemented by detailed information and documents which the applicant must
submit together with an application for an entry or deletion thereof. The provisions are
transferred from Implementing Regulation No 154/2011 Coll. for Act No 219/1999 Coll. It
furthermore empowers the Ministry to conduct individual activities and establish rules of
entering and deleting aircraft in the list of military aircraft and the legal impacts of entries in the
list of military aircraft.
It is proposed to enter the following aircraft into the list of military aircraft: aircraft of armed
forces, legal entities conducting tasks ensuring state defence or of legal entities involved in the
development, manufacture, testing, installation, maintenance, repair, modification or design
alteration of aircraft intended to perform tasks ensuring state defence or of legal entities
conducting preparatory tasks for military aviation technology and test flights. Demonstration
flights were omitted to ensure unambiguous definitions and in relation to the creation of separate
provisions for public air shows. Military aircraft operated in the Czech Republic for other
purposes, such as military aircraft operated by collectors of historical military aviation
technology, by natural persons for their own flying purposes and similar would be subject to
legislation applying to civil aviation, as was previously the case.
Re Sections 59 through 61
Likewise, this provision is not a new legal institution, but it does separate the provisions of
Section 35e of Act No 219/1999 Coll. During type approvals for military aviation technology,
the Ministry appears as an administrative body towards legal entities and natural persons who are
involved in manufacturing, modifying and design alterations of military aviation technology. The
Ministry applies requirements towards spheres of business which provide for the needs of armed
forces and other legal subjects. This also necessitates provisions for regulating mutual
relationships.
The Ministry may recognise military aviation technology types on the basis of requested and
submitted information on type approvals for military aviation technology from other states, the
European Aviation Safety Agency or the Civil Aviation Authority. Military aviation technology
is operated in military aviation which is also used in civil aviation or in the armed forces of other
states, and the type approval process would be duplicate work in many cases.
The draft is supplemented by detailed information and documents which the applicant must
submit together with an application for type approval. These are taken from Implementing
Regulation No 154/2011 Coll. for Act No 219/1999 Coll.
Re Section 62
In accordance with current practice, a new statutory obligation is being imposed upon
manufacturers of military aviation technology and operators of military aviation technology.
Manufacturers are obliged to manufacture military aviation technology according to the type
approved or recognised by the Ministry and are obliged to monitor the military aviation
technology they manufacture in operation and take measures to maintain or restore the technical
suitability of military aviation technology on the basis of analyses of malfunctions with military
aviation technology. This is based on the rule that if the Ministry or other authority approves the
type suitability of military aviation technology, then said technology may only be manufactured
and operated under the conditions approved. In view of supporting Czech industry, the Ministry
also approves type suitability for military aviation technology which is not intended for the
armed forces of the Czech Republic. This activity is already being carried out in accordance with
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legislation currently in effect. The prepared international recognisability of type suitability in the
scope of NATO only underscores this step. Obligations of military aviation technology operators
are being established in connection with the obligations of manufacturers of military aviation
technology. Military aviation technology operators are obliged to keep records on the operation
of military aviation technology and provide manufacturers of certain military aviation
technology with information on the operation of the military aviation technology at least once
per year. They are also obliged to operate military aviation technology in accordance with the
documentation on the type of military aviation technology approved or recognised by the
Ministry and must now take measures to maintain or restore technical suitability.
Re Sections 63 and 64
The Draft Bill introduces the necessity to ensure the suitability of military aviation
technology for newly manufactured aviation technology, imported aviation technology or
aviation technology which has already been operated. It uses the current wording of Section 35g
of Act No 219/1999 Coll. as the basis for this. The draft enables the Ministry to recognise the
suitability of military aviation technology recognised by other states or by the Civil Aviation
Authority. It establishes conditions for approving airworthiness, suitability for operation and
conditions for release to service. The Draft Bill explicitly enables the Ministry to authorise a
legal entity or natural person to certify conformity for approving the airworthiness and suitability
for operation of military aviation technology, as well as the conditions for releasing it for
operation. The provision connects the certification of suitability of military aviation technology
more closely to the type approval of military aviation technology. The result of this process is
certification of airworthiness, suitability for operation or certification for release to service. The
fundamental condition for approving airworthiness, operational suitability or release to service is
the aviation technology’s conformity with the type approval and the evaluation and verification
of its airworthiness, suitability for operation or release to service.
The draft is supplemented by detailed information and documents which the applicant must
submit together with an application for type approval. These are taken from Implementing
Regulation No 154/2011 Coll. for Act No 219/1999 Coll.
Re Section 65
It is proposed for the Ministry to issue orders to maintain airworthiness or adopt them from
design offices or manufacturers and send them out to all operators of military aircraft entered in
the list of military aircraft with the goal of ensuring the greatest possible degree of air traffic
safety. Operators of products and aircraft components are obliged to carry out these orders.
Re Section 66
The obligation of inspecting airworthiness or inspecting suitability for operation is laid down
for military aircraft recorded in the list of military aircraft and ground-based military aviation
equipment for which certification of suitability for operation has been issued. The institution of
inspecting the airworthiness of military aircraft and the institution of inspecting suitability for
operation are introduced in light of the fact that army aircraft as well as aircraft of the state
enterprise LOM Praha s.p. and aircraft of the companies Aero Vodochody AEROSPACE a. s.
and Evektor s r.o. are currently entered in the list of military aircraft. Regulations are also being
introduced towards subjects which are not armed forces and which serve to ensure safety in the
airspace of the Czech Republic in connection with clearance for trade in military material. The
fact that the army operates purely military airports as well as military airports with mixed air
traffic also necessitates more detailed elaboration of the institution of inspecting the suitability of
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ground-based aviation equipment for operation. The aim of this is to ensure safety in the airspace
of the Czech Republic. The provisions are based on Section 35h of Act No 219/1999 Coll.
Re Section 67
The Draft Bill provides for the evaluation and certification of conformity of the properties of
military aviation technology as a set of activities which are used to demonstrate the properties of
military aviation technology for the purposes of the type approval of military aviation
technology, approval of airworthiness, suitability for operation or release to service, as well as
for the purposes of inspecting airworthiness or suitability for operation. The draft of the
provision uses the current wording of Section 35j of Act No 219/1999 Coll. as the basis for this.
Re Section 68
Like Section 35k of Act No 219/1999 Coll., this proposes to carry out technical inspections
and tests on equipment specified by the Ministry.
Re Section 69
The draft provides for general obligations for the operation of military aircraft in the airspace
of the Czech Republic and obligations for operators of military aircraft. This provision is
intended to create instruments for the Ministry to use to supervise the operation of military
aviation technology. The institution of mandatory liability insurance for damage and losses is
introduced for other legal entities which operate military aviation technology. The provision is
based on Section 35i of Act No 219/1999 Coll. The draft of the provision is aimed at operators
such as the Army of the Czech Republic, LOM PRAHA s.p., AERO Vodochody AEROSPACE,
a.s., EVEKTOR s.r.o., and potentially other international subjects in the scope of the
multinational project MATC. Other than Paragraph 1, it will not apply to military aircraft of
armed forces which are listed in analogous aircraft records of other states.
Re Sections 70 and 71
This provision of the Draft Bill results in a more detailed elaboration of the current
provisions of Section 35m of Act No 219/1999 Coll. as an essential condition for certifying the
technical suitability of military aviation technology for use in military aviation. The Ministry
issues certification and establish limiting conditions for the performance of test flights or test
operation.
Re Sections 72 through 76
In connection with the existing provision carried out in Section 35n of Act No 219/1999
Coll., it is proposed to establish analogous conditions for issuing authorisation for the evaluation
and certification of airworthiness, suitability for operation or release to service, inspection,
evaluation and certification of the conformity of properties of military aviation technology,
provision of aviation services, certification of the qualifications of military aviation personnel,
development, project planning, including airports and their protective zones, manufacturing,
testing, installation, maintenance, repair, modification or design alteration of military aviation
technology or authorise the preparation of military aviation personnel using military aviation
technology. In the case of the authorisation of legal entities and natural persons conducting
business, it is assumed that (in contrast to existing legislation) the Ministry will not be given the
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possibility of consideration for issuing authorisations or certifications (new authorisation). This
is based on existing practice, in which this institution has not been used for the entire time the
legislation has been in effect in military aviation. This means that the Ministry issues permission
or authorisation if the statutory conditions are met. The Draft Bill also reflects the Czech
Republic’s membership in the European Union and enables foreign subjects from other EU
Member States to enter this area. In cases concerning the protection of the Czech Republic’s
security interests or involving activities falling under the execution of public authority or reasons
of public order or public safety pursuant to Article 346(1) of the Treaty on the Functioning of the
European Union, the Ministry only issues authorisations or permits to legal entities based in the
territory of the Czech Republic or natural persons conducting business with an address of
permanent residency in the territory of the Czech Republic.
The Ministry issues authorisation for 1 year, and thereafter for an indefinite period of time
upon certification. This is a departure from the previous practice of issuing it for a defined period
of time. A system of regular inspections will be used one time every three years to supervise the
activities of legal entities and natural persons in accordance with Section 74(1). In order to
ensure that the conditions are met, an authorised person will be required to announce changes to
the facts under which the authorisation was issued. This means that the applicant will only be
burdened with paying administrative fees two times.
The authorisation will be issued for a defined period of time. It is currently proposed to lay
down conditions for the potential suspension or withdrawal of an issued permit or authorisation.
The provisions on the requirements for the application are ultimately being transferred from the
existing implementing regulation on the Act No 154/2011 Coll. on Armed Forces.
Re Sections 77 and 78
This proposes to enable legal entities or natural persons to be authorised for activities for the
purpose of specific activities which the Ministry is not able to conduct on its own. This
particularly concerns tests of military aviation technology or certification of the suitability of
military aviation technology during approvals of its suitability pursuant to this Act, certification
of the suitability for operation of military aviation technology by means of flight certification and
certification of the suitability of specified technical devices and fire safety equipment in military
aviation technology with legal entities and natural persons conducting activities such as
manufacturing or maintaining military aviation technology. In such cases, the Ministry will make
use of legal entities or natural persons who own expensive diagnostic and measurement
instruments which are not practical (and in some cases not even possible) for the Ministry to own
as an administrative authority.
Such persons will directly represent the Ministry, or their results will be used to support
decisions on the suitability of military aviation technology. For this purpose, it is expedient for
this Act to lay down their duties and rights. The Ministry shall conclude an agreement with
subjects of technical supervision. The Ministry presently uses the capacities of the Office for
Defence Standardisation, Cataloguing and State Verification of Quality and the State Technical
Supervision Office to conduct these activities.
It is currently proposed to lay down conditions for the potential suspension or withdrawal of an
issued authorisation.
Re Section 79
This provision defines the classification of airports for military use, which takes into
consideration the currently effective legislation contained in Act No 49/1997 Coll. on civil
aviation and defines terms such as ‘permanent military airport’ (stalé vojenské letiště) and
‘erected military airport’ (vytvářené vojenské letiště). A permanent military airport is an airport
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which the Ministry and army use for air traffic. A new term in the legislation is ‘erected military
airport,’ which the Ministry expects to use in the event of a state of emergency, national threat or
state of war. There is also a new provision for the possibility of using civil airports for military
purposes.
The Ministry designates properties and buildings which will be used for state defence in the
scope of operational preparation of state territory in cooperation with other central administrative
authority and other authorities. An airport network is also identified in the scope of these
activities. It is essential to protect the areas surrounding these sites as well in case it is necessary
to prepare further military airports for defence purposes. It is proposed for all military airports to
be entered into the list of military airports.
Re Sections 80 through 81
The army primarily operates military airports for the purpose of performing tasks pursuant to
Act No 219/1999 Coll. With the development after 1989, civil operators and other users
gradually started appearing at military airports in the scope of entrepreneurial activities. At
Pardubice airport, there is also the civil operator East Bohemian Airport a.s. in addition to
military operators – the army and LOM PRAHA s.p. At the military airport in Přerov, there is
also Regionální letiště Přerov a.s. At Kbely airport, on the other hand, there are only seven
civilian users. In terms of conducting state administration, the Ministry ultimately favoured an
arrangement to leave civil operators under the supervision of the Civil Aviation Authority in
cases in which the government grants its consent for a military airport to simultaneously be used
for civil purposes and the Civil Aviation Authority is issued authorisation for the civil operation
of the airport. Military airports which only have an insignificant number of civilian users are
proposed to be left under the administration of the Ministry.
In terms of the need to ensure the defence of the Czech Republic, there is a disproportion
between peacetime needs and wartime needs. From this perspective, there is a necessity to create
instruments for gradually increasing defensive capabilities during states of emergency and
national threats. One way is the temporary use of civil airports for ensuring defence. Consent to
military air traffic at civil airports would be issued by the government at the Ministry’s proposal.
This would pertain to cases of over 30 days. The 30-day term was selected with respect to the
need to arrange for short-term operational needs of the army, such as ensuring security for
international events in the Czech Republic, conducting exercises and covering short-term
closures at military airports. The Ministry would proceed in agreement with the operator of the
civil airport when performing this type of activity.
An operator or user then uses the military airport in the scope of the given agreement on the
method of airport use.
Re Sections 82 and 83
This provision proposes a definition of the procedure during temporary interruption of
operation of a military airport or part thereof. In the case of a military airport with mixed air
traffic, the Ministry shall inform the Civil Aviation Authority of this fact. The provision
furthermore defines the authority to issue orders to operators of aviation activities. In terms of
military aviation, the Ministry and army are authorised to issue orders.
Re Section 84
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A provision on ensuring fire provision and conducting rescue work at military airports is
included for purposes of the comprehensiveness of the proposed legislation. These activities are
performed by military fire-fighting units pursuant to the Fire Services Act.
Re Section 85
This provision determines material jurisdiction in the case of a civil operator being approved
at a military airport and makes reference to Act No 49/1997 Coll. Its aim is to establish clear
duty with respect to application practice. This provision is connected to Section 27 of Act
No 49/1997 Coll. A decision on military flight is not made. For reasons concerning the
protection of the Czech Republic’s security interests or involving activities falling under the
execution of public authority or reasons of public order or public safety pursuant to
Article 346(1) of the Treaty on the Functioning of the European Union, the Ministry excludes
civil operators at military airports other than legal entities based in the territory of the Czech
Republic or natural persons conducting business with an address of permanent residency in the
territory of the Czech Republic.
Re Sections 86 through 89
This proposes for the Ministry to have the option of permitting other flight activity at military
airports. There is no legal entitlement to the permit. It depends on an assessment of the nature of
the tasks of the military body based at the airport, compliance with the principles of
confidentiality and the frequency and nature of the military air traffic. For reasons concerning the
protection of the Czech Republic’s security interests or involving activities falling under the
execution of public authority or reasons of public order or public safety pursuant to
Article 346(1) of the Treaty on the Functioning of the European Union, the Ministry excludes
civil operators at military airports other than legal entities based in the territory of the Czech
Republic or natural persons conducting business with an address of permanent residency in the
territory of the Czech Republic.
This provision proposes rules which users must obey. For this purpose, airport use is divided
into up to 12 and over 12 landings at the airport per calendar year. Flying over 12 landings at a
specific airport is deemed to be a petition for civil air traffic, which is authorised by the Ministry.
It also establishes the requirements for applications, users’ duties and the conditions for the
expiration of the authorisation. The transitional provisions impose a deadline of 1 year to
demonstrate that the conditions established have been fulfilled.
Re Section 90
This proposes to establish requirements for airport operators who will conduct, provide or
organise flight activities at a military airport. These conditions must be fulfilled in order for
authorisation to initiate air traffic to be issued. With respect to the possible use of military
airports by civil aircraft and NATO’s transition to ICAO standards, flight procedures at military
airports must be arranged in accordance with international standards based on international
treaties, which will become part of the legislation. A procedure is established for approving or
amending flight procedures, as well as a procedure for publishing them.
Re Section 91
The technical and operational requirements contented in the implementing regulations shall
be followed when deciding on establishing the type of military airport and changes to it. The
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draft independently establishes conditions for international operation, boundaries of military
airports and the area of airport premises. This is based on the provisions of Act No 49/1997 Coll.
Re Section 92
A list of military airports (which also contains information on erected airports) will be kept in
order to create instruments for establishing an airport network for the potential defence of the
Czech Republic in states of emergency and national threats. For reasons concerning the
protection of the Czech Republic’s security interests or involving activities falling under the
execution of public authority or reasons of public order or public safety pursuant to
Article 346(1) of the Treaty on the Functioning of the European Union, the Ministry excludes
civil operators at military airports other than legal entities based in the territory of the Czech
Republic or natural persons conducting business with an address of permanent residency in the
territory of the Czech Republic. An entry will be made in the list of military airports based on the
Ministry’s decision establishing the type of airport. The draft provides for the content of the
information which is kept in the list of airports. It is expected that protective zones will be
executed around erected airports pursuant to Section 95 so that they will not deteriorate over
time. The information on erected airports is not accessible to the public and the draft regulates
viewing of this list. It also provides for deletion from the list and cooperation with the Civil
Aviation Authority.
Re Section 93
The draft anchors the basic fact that the Civil Aviation Authority will approve the
operational suitability of military airports for international civil operation. This was primarily
done because it had previously been possible to make two interpretations. Even though the
material objective specified by way of example a different form of conducting administrative
supervision, this course of action was agreed upon with the Civil Aviation Authority. This means
that there will by two administrative supervision authorities at military airports with mixed air
traffic: the Ministry and the Civil Aviation Authority. The army is, in its activities, regulated by
standardisation recommendations of NATO, which is why it is expected that the discrepancy in
requirements vis-à-vis the ICAO will be accepted. The Ministry does not expect complications in
evaluating the degree of acceptable fulfilment of Regulation No 216/2008/EC. For example,
admissible acceptance is currently being assessed for Pardubice airport based on the result of the
EASA audit in 2012.
Based on experience in practice, the Ministry arrived at the conclusion that it is possible to
mutually recognise the suitability of operators of selected aviation services (or parts thereof) and
the operational suitability of ground-based aviation equipment. The draft expects that the Civil
Aviation Authority is able to recognise the suitability approved by the Ministry on the basis of an
agreement with the Ministry.
Re Section 94
The draft takes the provisions of Act No 49/1997 Coll. as the basis for matters of military
aviation structures serving to ensure military air traffic outside the area of airports. The special
construction authority for military aviation structures is the Ministry’s State Technical
Supervision Office, which issues final building approval in accordance with the Building Act.
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Re Sections 95 through 99
The individual types of protective zones for military aviation structures are established
collectively for civil and military aviation by Act No 49/1997 Coll. The Ministry governs the
protective zone via general measure pursuant to the Rules of Administrative Procedure and
establishes the parameters for the protective zone and individual measures for protecting military
aviation structures in consultation with the territorial planning authority. It lays down conditions
for commencing and conducting activities in these zones. In this part, the draft assumes the
legislation currently in effect contained in Act No 49/1997 Coll.
However, it contains new provisions for the protective zone for erected military airports.
Re Section 100
The Draft Bill seeks to clearly declare a dividing line between civil and military aviation. It is
clear from the number of aviation operators and the density of air traffic in the Czech Republic
that it is necessary to have only a single piece of legislation on peacetime aviation in the legal
order. From the Ministry’s perspective, this is Act No 49/1997 Coll. For that reason, provisions
which reflect the provisions of Sections 44 and 50 of Act No 49/1997 Coll. have been added to
the Draft Bill.
The Ministry may establish different flight rules for states of emergency, national threats and
training for the performance of tasks ensuring the security of the Czech Republic. The provision
corresponds to Section 50(1) of Act No 49/1997 Coll., which states that military aircraft flights
are governed by this Act, with the exception of flights for the purposes of defence, training and
ensuring state security.
Re Section 101
This provision defines responsibility for conducting flights and the legal authority of aircraft
captains and the duties of persons on board. The provision is analogous to Section 54 of Act
No 49/1997 Coll., but it is expanded to cover the responsibilities of operators and programmers
of unmanned military aircraft.
Re Section 102
This provision proposes to lay down the duties of operators of airports, instruction and
training courses on military aviation technology and aircraft with the goal of achieving the
greatest possible degree of air traffic safety.
Re Section 103
This proposes new provisions for a flight safety standard and duties of military aircraft
crews. The flight safety standard for military aircraft operators shall be developed by the
operator on the basis of a statutory implementation regulation which will be issued for this Draft
Bill. At present, this field is only regulated in Sections 24 through 31c of the Act on Professional
Soldiers, which does not apply to military aviation personnel outside the organisational structure
of the Ministry and the army, nor does it apply to civilian employees. The Ministry shall approve
the operator’s safety standard if the conditions for flight safety are ensured.
The Ministry and Civil Aviation Authority are currently recording cases in which activities
in both civil and military aviation are performed simultaneously. The draft introduces the aircraft
captain’s duty to inform the operator of this fact before every flight. The operator may adopt
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adequate measures in accordance with the approved safety standard. The same procedure is
conducted after the flight has been completed.
The operator’s flight safety standard shall be approved by the Ministry. Activities in both
military and civil aviation will be examined during the evaluation period.
Re Section 104
This independently proposes to lay down the duty of air traffic controllers to keep records on
the number of hours they have worked in air traffic control service and the number of hours they
have worked in training for performing air traffic control service in order to facilitate potential
analytical work to detect shortcomings and find remedial measures.
Re Section 105
The draft introduces a military aviation information handbook issued by the Ministry which
is in conformity with the International Civil Aviation Organisation. It contains the aeronautical
information needed for air navigation of military aircraft in the Czech Republic.
Re Sections 106 through 114
Public air shows are approved in agreement with the Civil Aviation Authority. The Ministry
shall authorise public air shows at military airports where public civil air traffic is not permitted.
Exceptions include NATO Days and Air Force Commander Days, which are held at the Mošnov
airport each year. Public air shows supervised by the Ministry are generally organised as nonprofit activities. In light of the large congregation of people in a small area, however, they
constitute a considerable risk of extraordinary situations occurring (on one day in 2012, there
were up to 118 000 people, for instance) and personal injury and property damage can occur on a
large scale, especially in the event of an aircraft crash or terrorist activity.
The provision contains definitions of the terms public air show, organiser, aviation director
and participant, and it establishes the conditions under which the Ministry shall issue
authorisation. The aviation director has an indispensable task: he or she is responsible for the
entire performance of the public air show and manages the course of all events during its run.
Beyond that, the aviation director is also responsible for coordinating the course of any potential
international work. We thus propose to lay down the legal authority of the aviation director and
duties of the organiser in this Act.
One of the organiser’s duties is to inform the regional administrative authorities that a public
air show will be planned, so that organisational measures can be taken to ensure that the event
runs smoothly. This primarily involves reinforcement of the transportation system, provision of
emergency health services, traffic regulation in the neighbouring municipalities, establishment of
supporting car parks on municipal properties, etc. The date of the event must also be coordinated
with other, potentially concurrent, events organised by the municipalities.
The provision is based on the Ministry’s previous practice in performing administrative
supervision of these shows, the Civil Aviation Authority’s prepared documentation and the
standardisation recommendation of NATO.
Re Section 115
An internationally introduced condition for air crew’s participation in public air shows is a
certification of their qualifications to conduct a public air show issued by a national authority.
This provision proposes a specification of the conditions under which the Ministry shall issue
certifications or consent to an army crew, legal entity or natural person (LOM PRAHA s. p.,
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AERO Vodochody AEROSPACE a.s., Evektor s r.o.). The aircraft crew certification must be
submitted before every air show in the Czech Republic and abroad.
In cases in which the nature of the air show does not require special preparation for the
aircraft crew, the Ministry need not verify the crew’s qualifications and will not issue
certification. If it has no objections, it will simply express its consent to the show.
This provision too is based on the Ministry’s previous practice in performing administrative
supervision of these shows, the Civil Aviation Authority’s documentation prepared for this
purpose and the standardisation recommendation of NATO.
Re Sections 116 through 118
A draft of a statutory regulation from the Act on Civil Aviation which is currently being
deliberated on in the Legislative Council of the Government is being incorporated into the
provisions of the Draft Bill. Amendments to the definition of requirements for the authority
which ascertains and announces the causes of air traffic incidents are being conducted in
connection with the statutory regulation established in the previous provisions. The terminology
is unified with the terminology used in civil aviation. The announcement system is governed by
other rules in accordance with the standardisation recommendation of NATO.
Re Section 119
The Ministry shall keep records on incidents for the purpose of establishing means of
preventing them. The provision specifies the natural persons and legal entities which are required
to announce such incidents in terms of military aviation. At the same time, it proposes to
authorise the Ministry to disclose this information.
Re Sections 120 through 121
At present, the field of aviation services is very closely connected between civil and military
aviation, and the boundary of responsibility for the provision of these services is sometimes
difficult to describe. The Ministry seeks to create a comparable level of the performance of these
services. If the army provides air traffic services using civil operators on military premises, then
it shall be deemed to be a suitable provider. Likewise, if a civil air traffic service provider
provides aviation services for a military flight, then it shall be deemed to be a suitable provider in
accordance with this Act. The Ministry and Civil Aviation Authority shall work in close
cooperation in this field.
The provision defines aviation services for military services for purposes of unambiguous
application. It is furthermore proposed to establish the possibility of delegating aviation services
or parts thereof to legal entities and natural persons. Aside from cases falling under fulfilment of
international treaty obligations on common defence against attack, this constitutes the provision
of regional air traffic services in the scope of a project to integrate regional air traffic services in
the Czech Republic as well as the present situation of the provision of air traffic services at
military airports.
The Ministry may temporarily change the delegation process and establish different rules for
the provision of aviation service in the case of performing army tasks resulting from international
treaty obligations on common defence against attack.
On the basis of a written agreement concluded between states, the Ministry of Defence may
also temporarily delegate the provision of air traffic services in reserved portions of the Czech
Republic’s airspace to foreign military providers of these services. The army may also
temporarily provide air traffic services in reserved portions of the airspace of a neighbouring
state on the basis of a written agreement concluded between states. This will achieve more
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effective use of European airspace. From a practical perspective, this constitutes the creation of
cross-border areas (CBA) intended for training armed forces, in which air traffic services will
only be provided by one contracting party, regardless of which state the military aircraft is flying
over. The actual establishment and activation of these areas will be conducted in accordance with
the generally applicable principles established by Act No 49/1997 Coll.
Re Section 122
This provision lays down the basic requirements for providers of regional air traffic services.
At least once every three years, the Ministry of Defence shall verify preparedness for long-term
service provision as well as plans and procedures developed to perform tasks in the event of a
state of emergency or national threat.
In light of the wide variety of alternatives for possible arrangements to cover this field, this
provision is not intended to be exhaustive so as not to hinder further development in the
efficiency of flight in Europe (functional blockades of airspace). It is intended that in cases
concerning the safety interests of the Czech Republic and activities falling under the execution of
public authority, safeguarding of public order or public safety pursuant to Article 346(1) of the
Treaty on the Functioning of the European Union, the Ministry shall, in cooperation with the
Civil Aviation Authority, continuously assess the current situation and potential risks in the
provision of regional air traffic services or parts thereof using various subjects conducting
business. In some cases, it may also delegate these services to command and control bodies in
the scope of NATO.
Re Sections 123 and 124
This provision establishes the field state administration performance in the scope of the
currently effective legislation contained in Acts No 219/1999 Coll., No 49/1997 Coll. and now in
the Act on Military Aviation as well. It proposes the Ministry to act as an appellate body in
administrative proceedings against decisions of the authorised person issued in accordance with
this Act. For reasons of ensuring the safety of military aviation, it is furthermore proposed for the
Ministry to be authorised to issue restrictive orders to legal entities and natural persons in order
to limit the performance of military aircraft flights. This is presently only done in the scope of
military vehicle operation. Ultimately, the system of protecting military aviation from illegal acts
also introduces the coordination and inspection of security measures to protect military aviation
from illegal acts, in particular in relation to civil users of military airports and public air shows.
In cooperation with the Ministry of Transport or Office for Civil Aviation, this system restricts or
prohibits the use of the Czech Republic’s air space for the purpose of ensuring the performance
of army tasks during states of emergency and threats to the state.
Re Sections 125 through 127
An administrative supervision institution is being introduced in the scope of the Act. This is a
reaction to developments in this field, in which the Ministry currently supervises 74 legal entities
and natural persons to whom it has issued certification to conduct activities. Persons authorised
by the Ministry shall conduct the administrative monitoring of legal entities and natural persons
who have received qualifications in accordance with this Act. This may also pertain to such
things as activities associated with international training, test flights after maintenance has been
conducted on military aviation technology of other states by repair service companies in the
Czech Republic, and similar. The Ministry shall proceed in accordance with the rules of this Act
and the Act on the Inspection Code.
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Re Section 128
An entirely new development is that the Ministry has begun to create instruments for
conducting administrative supervision of the technical condition of military aircraft in service
specifically with respect to foreign military aircraft landing in the territory of the Czech
Republic. It will notify the aircraft commander or competent authority of the state in question in
cases in which the technical condition of said aircraft poses a risk to air traffic in the air space of
the Czech Republic. This provision relates to the provisions of Section 2.
Re Sections 129 through 131
This draft defines administrative offences of legal entities and natural persons in the field of
military aviation technology operation, operation of military airports and aviation structures,
performance of military aviation personnel activities, conducting preparation on military aviation
technology, and the amount of fines, cessation of responsibilities for an administrative offence,
proceedings and determination of penalties. The draft is based on Act No 49/1997 Coll.
Re Section 132
The draft establishes payments for the use of military airports and the provision of air traffic
services at said airports. Deriving the amount of these payments and the specification of
exemptions from the payments and exemptions established in civil aviation is the only logical
way to set payments and exemptions at military airports. A comparison of the civil regional
airports Karlovy Vary, Brno and Ostrava has been selected as being expedient, since military
airports are airports which are completely comparable with precisely these civil airports in terms
of their services and equipment. The aircraft crew must justify asserted exemptions from
payments for the use of military airports and services provided. In cases in which the nature of
the flight (or the flight plan itself) substantiates this exemption, the aircraft crew will not be
required to provide any further substantiation. In other cases, it is expedient to use contracts,
agreements and other written records demonstrating the fact in question.
Re Section 133
The draft introduces two items of additional payments, specifically payments for English
tests and tests for aviation radio transmission equipment operators for selected qualifications for
military aviation personnel and other military personnel.
Re Section 134
The Draft Bill is subject to the European Commission notification procedure in accordance
with European Union law.
Re Section 135
In this provision of the draft, all enabling provisions for executing the proposed statutory
regulations are concentrated into two statutory implementation regulations, specifically into a
regulation on military aviation technology and into a regulation on the technical qualifications
and health capacity of military aviation personnel.
Re Section 136
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In order to introduce the Act in a smooth fashion, the draft presumes that the
acknowledgement of the technical qualification of military aviation personnel, technical
suitability of military aviation technology, entry into the list of military aircraft, qualifications of
legal entities and natural persons and the granting of consent to operation or acknowledgement of
military airports will be in accordance with Act No 219/1999 Coll. and Act No 49/1997 Coll.
The draft also imposes the obligation to give notice if a right of lien arises and additionally fulfil
the requirements of this Act. A transitional period is established for performing tests for
operators of radio transmission equipment on the allocated military radio frequencies for the
military mobile service and military aviation personnel which demonstrate knowledge of
English.
Re Section 137
This repeals the statutory implementation regulations for Act No 219/1999 Coll., which
directly relates to this Act. It will be replaced by new ones with revised content.
Re Section 138
The draft initiates amendments to Act No 49/1997 Coll. Certain common provisions
concerning aviation services, aviation structures and the protective zones thereof are proposed to
be brought into accordance with the draft of this Act.
Re Section 139
The draft initiates amendments to Act No 219/1999 Coll. The provisions concerning
approval of the suitability of military aviation technology, record-keeping and the enabling
provisions shall be repealed and incorporated into this Act.
Re Section 140
A new item introducing administrative fees in military aviation is being added to the Act on
Administrative Fees. The amount of the fees is derived from the existing fees introduced in civil
aviation.
Re Section 141
A sufficiently long period of time is provided before this Act enters into legal effect.
The Annex to this Act contains proposals for payments for the use of military airports and air traffic
services provided at the airport in question, as well as exemptions from these payments. It also
contains additional payments for the Ministry’s expenditures for organising and providing tests.
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