23-04-2013

Aviation Law

Authors

  • Bilal Kola, PhD, Attorney at Law
    Managing Partner at K&H Law Firm

Which is the main regulatory framework in Albania concerning the aviation?

The main and most important legislation for civil aviation is the “Air Code of the Republic of Albania” which was promulgated with the law No. 10040, date 22.12.2008, amended with law nr 10484, date 24.11.2011 (hereinafter the “Air Code”).

How many are the airports in Albania?

The only functioning Albanian airport is the Tirana International Airport which is situated 17 km northeast of the capital, in Rinas Village. This airport serves as the main air transport entry point and is the only licensed civil airport in Albania.

In which way an aircraft could obtain the Albanian Nationality?

An aircraft may only be registered in the Republic of Albania if:

  • It is not registered in another State and
  • It is owned by:
  • Albanian citizens, citizens of a Member State of the European Union or of a State party to the Multilateral Agreement having a permanent residence in the Republic of Albania, or
  • a company incorporated and having their principal place of business in the Republic of Albania, the main activity of which is air transportation, or
  • a company formed in accordance with the law of a Member State of the European Union or of a State party to the Multilateral Agreement the registered office, central administration or principal place of business of which is located in that State.

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

What is C.A.A.?

The Civil Aviation Authority referred as CAA, is a self-financed public entity, under the Minister of Public Works Transport and Telecommunication. The organization and functioning of the CAA is established by a separate law. The CAA exercises the functions of the National Supervisory Authority in compliance with international obligations. Organizational structure of AAC is determined by the decision of the Council of Ministers No. 413, dated 26.05.2010.

Which are other authorities of the C.A.A?

The CAA is in charge of:

  • Licensing and certification of air carriers
  • Licensing and certification of aircraft including the necessary inspections of technical and operational conditions of the aircraft
  • Administration of the civil aircraft register and any other civil aviation register;
  • Licensing and ratings of pilots and flight crew members and other aviation personnel to be licensed under the Air Code including the licensing of flight instructors for these personnel;
  • Licensing of Air Navigation Services personnel;
  • Licensing of aviation inspectors;
  • Licensing of health examiners;
  • Certification and licensing of aerodromes;
  • Collection of aviation personnel and aircraft data and its distribution;
  • Collection and analysis of reports and other documents on aviation technology, operation of aircraft and aviation personnel to the extent that this is of relevance for performing the functions under the Air Code;
  • Auditing of the technical and operational conditions and economic fitness of aviation undertakings and aviation training facilities;
  • Coordination, certification and oversight of the air transport safety;
  • Designation, certification and supervision of the Air Navigation Services providers;
  • Organization and use of airspace in cooperation with the military authorities;
  • Other functions as stipulated in the Air Code and in other legal acts enacted for its implementation.

Why C.A.A. provides the flight licenses?

The Republic of Albania has complete and exclusive sovereignty over the airspace above its territory. The use of the airspace is free, as long as it is not restricted by Albanian national legislation and international agreements applicable in the Republic of Albania. An aircraft is allowed to fly in the Albanian air space only when:

  • Aircraft registered in the Republic of Albania;
  • State aircraft of the Republic of Albania;
  • Aircraft registered in a Member State of the EU or a State party to the Multilateral Agreement on the establishment of the European Common Aviation Area as defined in this Agreement;
  • Aircraft registered in a State which is not party to the Multilateral Agreement, on the basis of international agreements;
  • Aircraft that are permitted to enter the airspace of the Republic of Albania pursuant to Article 24 paragraph 2 of the Air Code.

Why are the registries being kept by the C.A.A?

The CAA maintains the Civil Aircraft Register of the Republic of Albania. State of registry is the state on whose register the aircraft is entered.

Is the deregistration possible and what would be the reason for that?

An aircraft shall be removed from the Civil Aircraft Register, when:

  • The aircraft does not possess a valid Certificate of Airworthiness during the last three years and the owner cannot obtain this certificate within the determined timeline,
  • The aircraft owner requests such removal,
  • The requirements pursuant to Article 21 of the Air Code are no longer met,
  • The aircraft is missing and there is no information on its whereabouts since three months and the search and rescue operations have been terminated. The same applies to aircraft dissembled or completely destroyed in an accident.

What is the scheme followed for ground handling in Albanian Airports?

CAA in accordance with legal, national and international obligations takes the necessary measures to ensure free access by suppliers of ground-handling services to the market for the provision of ground-handling services to third parties and to ensure the freedom to self-handle, unless otherwise provided under the Air Code or regulations enacted for its compliance. Upon the request of the managing entity of the airport and after consultations with the air carriers, Committee of Airport Users and other interested parties, CAA may decide that at an airport or parts of the airport, some users of the airport be reserved the right to self-processing, or that the number of ground-handling services suppliers for third parties be restricted. This shall apply only to the following categories of ground-handling services, qualified as air zone services”

  • Baggage handling,
  • Ramp handling,
  • Fuel and oil handling,
  • The physical handling of freight and mail, whether incoming, outgoing or being

transferred, between the air terminal and the aircraft. The number of the airport users chosen to self-handle and the number of the suppliers chosen to provide ground-handling services to third parties shall be no fewer than two for each of the categories. In case of ground-handling for third parties, the CAA shall ensure that at least one of the authorized suppliers is not directly or indirectly controlled by:

  • The managing body of the airport,
  • An airport user who has carried more than 25% of the passengers or freight recorded at the airport during the year preceding that in which those suppliers were selected,
  • A body controlling or controlled directly or indirectly bo the abovementioned entities.

What are the charges an aircraft has to pay for landing and parking on the International Airport of Albania?

The charges applicable for the services accomplished by the airport authority are as follows:

  • Ground Handling and Landing and Take-off charge;
  • Passenger charge;
  • Cargo Charge;
  • Aircraft parking charge; and
  • Airfield lighting charge.

The methods of their calculation and the management of revenues are laid down in the law establishing the organisation and functioning of the CAA and the law nr. 9312, dated 11.11.2004 (the law ratifying the concession agreement between the Government of Albania and the managing airport body of the Tirana International Airport).

What about the fares and rates?

Fares of air transport are freely determined by the market. The pertinent provisions of agreement apply regarding the establishment of fares and rates on air services for carriage. Air carriers shall inform the public of all air fares for passengers, mail and cargo. CAA takes all necessary measures to prevent discriminating practices and rates, the abusive high fares resulting from a dominant position and the abusive low fares (predatory prices). Detailed rules related to the above are laid down in a Regulation by the Minister of Transportation, in compliance with international obligations.

What is the contribution of Albania to the environmental protection as far as its Aviation Law is Concerned?

Under the Air Code Environmental Protection refers to all the activities aiming to assess and minimize the civil aviation impact on the environment, resulting from the noise emitted by civil aircraft, aircraft engine emissions, substances and fuel used in aeronautical activities and residues generated by such activities. The Minister of Transportation in cooperation with the Minister responsible for the environment, propose special policies and approve relevant regulations on the environment protection field. The Minister approves incentives to promote stable technologies in civil aviation. The Minister, upon proposal by the airport operator, may approve temporary measures and exemptions permitting operation of aircraft sensitively impacting the environment.

GREEK LAW DIGEST REPUBLIC OF ALBANIA MINISTRY OF INTEGRATION Union of Chambers of Commerce and Industry of Albania
Nomiki Bibliothiki ALBANIA INVESTMENT DEVELOPMENT AGENCY Foreign Investors Association of Albania
     

 

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