Aviation Regulations Department

Belgrade, 12 July 2010

• Aviation Regulations Department is an Aviation Regulations Department is an organizational unit within the International organizational unit within the International Relations and Aviation-Legal Regulations Division, Relations and Aviation-Legal Regulations Division, in accordance with the Regulation on in accordance with the Regulation on Organization and Job Classification inOrganization and Job Classification in the the Civil Civil Aviation Directorate of the Republic of Serbia.Aviation Directorate of the Republic of Serbia.

• The activities of Aviation Regulations Department The activities of Aviation Regulations Department represent the backbone of the regulatory represent the backbone of the regulatory activities of the Civil Aviation Directorate of the activities of the Civil Aviation Directorate of the Republic of Serbia which is, alongside with the Republic of Serbia which is, alongside with the oversight in civil aviation, the main function of oversight in civil aviation, the main function of Serbian Civil Aviation AuthoritySerbian Civil Aviation Authority..

The primary tasks of Aviation Regulations The primary tasks of Aviation Regulations Department are Department are :: – the development of draft civil aviation regulations in

accordance with – the legislative requirements of the Republic of Serbia,– international commitments assumed and – the needs of national aviation industry;

– the issue of expert opinions on subjects within the competences of the Directorate and with regards to national and international aviation legislation;

– the observation of the development of international air law and

– the analysis of implications and effects of the the analysis of implications and effects of the implementation of up-to-date regulatory solutions in the implementation of up-to-date regulatory solutions in the context of the aviation system of the Republic of Serbia context of the aviation system of the Republic of Serbia and with the aim of ensuring an optimal legal framework and with the aim of ensuring an optimal legal framework for its further developmentfor its further development . .

• On the basis of the Regulation on Organization and Job Classification in the Civil Aviation Directorate of the Republic of Serbia, Aviation Regulations Department is foreseen to comprise 6 employees.

• Currently, the tasks related to aviation regulations are performed by 4 employees, 3 lawyers and one translator.

COMPETENCESCOMPETENCES

Aviation Regulations Department performs the Aviation Regulations Department performs the following tasks:following tasks:

– initiatives and development of draft acts the initiatives and development of draft acts the enforcement of which is within the competenceenforcement of which is within the competencess of of the the National Assembly of the Republic of National Assembly of the Republic of Serbia and the Government ofSerbia and the Government of the Republic of the Republic of SerbiaSerbia ((draft laws, regulations, decisions, draft laws, regulations, decisions, programs, projects etc.programs, projects etc.) ) and communication of and communication of these acts to the Ministry of Infrastructure of the these acts to the Ministry of Infrastructure of the Republic of SerbiaRepublic of Serbia - - the official proponent the official proponent; ;

– the development of draft bylaws the enactment of the development of draft bylaws the enactment of which is within the competences of either the which is within the competences of either the Council of the Civil Aviation Directorate or theCouncil of the Civil Aviation Directorate or the CAD CAD Director GeneralDirector General ( (regulations, orders and regulations, orders and directivesdirectives)), , comprisingcomprising::

- - the regulations for the implementation of Air the regulations for the implementation of Air Transport LawTransport Law;;- - the regulations for the enforcement of regulatory the regulations for the enforcement of regulatory commitments stemming from international commitments stemming from international agreementsagreements ((particularly important in the context particularly important in the context of the ECAA Agreementof the ECAA Agreement) ;) ;- - the regulations for the implementation of the regulations for the implementation of requirements, standards and recommendations of requirements, standards and recommendations of international and European aviation organizations international and European aviation organizations the member of which is the Republic of Serbiathe member of which is the Republic of Serbia..

– the enactment of internal rules in the Directoratethe enactment of internal rules in the Directorate;;

– the issuance of opinions, from the perspective and the issuance of opinions, from the perspective and within the competences of the Directorate, on draft within the competences of the Directorate, on draft regulations communicated to the Ministry of regulations communicated to the Ministry of Infrastructure by various bodies and organizationsInfrastructure by various bodies and organizations;;

– the issuance of opinions onthe issuance of opinions on implications and effects implications and effects of the implementation of up-to-date regulatory of the implementation of up-to-date regulatory tools in the context of the aviation system of the tools in the context of the aviation system of the Republic of SerbiaRepublic of Serbia;;

– the observation of European and international the observation of European and international instruments governing civil aviation and theinstruments governing civil aviation and the activities in the domain of the development of activities in the domain of the development of international air lawinternational air law..

METHODOLOGYMETHODOLOGY

• The development of regulations is a highly complex The development of regulations is a highly complex and long lasting processand long lasting process..

• It requiresIt requires a a multidisciplinarymultidisciplinary cooperation of the cooperation of the employees in the Directorate, as well as cooperation employees in the Directorate, as well as cooperation with stakeholders and, primarily, aviation industrywith stakeholders and, primarily, aviation industry..

• It comprises legal formulation of material aspects in It comprises legal formulation of material aspects in the domain of aviation which prerequisites unification the domain of aviation which prerequisites unification of expert knowledge inof expert knowledge in a particular area, a particular area, understandingunderstanding of legal systemof legal system and and nomotechniquenomotechnique- - technique of developing a legal normtechnique of developing a legal norm..

THE DEVELOPMENT OF DRAFT LAWSTHE DEVELOPMENT OF DRAFT LAWS

• Bearing in mind that the Civil Aviation DirecBearing in mind that the Civil Aviation Directorate of the torate of the Republic of Republic of Serbia is not the authorized proponentSerbia is not the authorized proponent of of law lawss, , Aviation Regulations Department participates, on behalf of Aviation Regulations Department participates, on behalf of the Directorate, in the preparation of draft laws and the Directorate, in the preparation of draft laws and communicates them to the authorized proponentscommunicates them to the authorized proponents..

• Since the establishment of the Directorate, Aviation Since the establishment of the Directorate, Aviation RegulationsRegulations Department prepared Department prepared the the Draft Law on the Draft Law on the Ratification ofRatification of Convention for the Unification of Certain Convention for the Unification of Certain Rules for International Carriage by Air Rules for International Carriage by Air ((Montreal Montreal ConventionConvention), ), the Draft Law on the Ratification of Agreement the Draft Law on the Ratification of Agreement on certain aspects of air serviceson certain aspects of air services ( (Horizontal AgreementHorizontal Agreement), ), as well asas well as the Draft Law on the Ratification of Multilateral the Draft Law on the Ratification of Multilateral Agreement on the Establishment of European Common Agreement on the Establishment of European Common Aviation AreaAviation Area (ЕСАА (ЕСАА AgreementAgreement).).

BYLAWSBYLAWS

• Since the establishment of the Directorate, there has been Since the establishment of the Directorate, there has been promulgated a significant number of bylaws for the promulgated a significant number of bylaws for the implementation of Air Transport Law, bylaws in the domain of civil implementation of Air Transport Law, bylaws in the domain of civil aviation by means of which national legislation has been aviation by means of which national legislation has been harmonized with harmonized with AcquisAcquis communautaire communautaire, , as well as the bylaws by as well as the bylaws by memeaans of which the standards of Internationalns of which the standards of International Civil AviationCivil Aviation Organization (ICAO), Organization (ICAO), EUROCONTROL and other prominent EUROCONTROL and other prominent international organizations and institutions have been international organizations and institutions have been implementedimplemented..

• Only in year 2009, in the context of the fulfillment of commitments Only in year 2009, in the context of the fulfillment of commitments assumed assumed by theby the ECAA Agreement, there have been published 32 ECAA Agreement, there have been published 32 bylaws. In 2010 and up to now, there has been adopted 33 bylaws. In 2010 and up to now, there has been adopted 33 additional bylaws by means of which is primarily transposed additional bylaws by means of which is primarily transposed Acquis communautaire Acquis communautaire in the domain of in the domain of air transportair transport. .

• The list of bylaws is available onThe list of bylaws is available on w website ebsite www.cad.gov.rswww.cad.gov.rs – the – the page dedicated to regulationspage dedicated to regulations..

GOVERNMENT’S PROGRAMSGOVERNMENT’S PROGRAMS AND AND PROJECTSPROJECTS

Aviation Regulations Department participates in the Aviation Regulations Department participates in the activities of the Civil Aviation Directorate related to the activities of the Civil Aviation Directorate related to the commitments stemming from programs andcommitments stemming from programs and projects of the projects of the Government of the Republic of Serbia and, notably, Government of the Republic of Serbia and, notably, National Programme for Integration with the European National Programme for Integration with the European UnionUnion ((NPINPI) ) and Comprehensive Regulatoryand Comprehensive Regulatory ReviewReview ( (SRPSRP).).

FORTHCOMING ACTIVITIESFORTHCOMING ACTIVITIES

• the development of draft regulations for the implementation of Air the development of draft regulations for the implementation of Air Transport Law within the competences of the Civil Aviation Transport Law within the competences of the Civil Aviation DirectorateDirectorate ( (upon the adoption of the Law in the National upon the adoption of the Law in the National AssemblyAssembly););

• the development of draft regulations for the fulfilment of the development of draft regulations for the fulfilment of commitments assumed by meanscommitments assumed by means of the ECAA Agreementof the ECAA Agreement ((fulfilment of the requirements for the finalization of the 1fulfilment of the requirements for the finalization of the 1stst transitional period and the adoption of regulations foreseen for the transitional period and the adoption of regulations foreseen for the 22ndnd transitional period transitional period););

• the development of draft regulations for the transposition of the development of draft regulations for the transposition of standards and recommended practices contained in standards and recommended practices contained in the the Annexes to Annexes to the Chicago Convention into the legal system of the Republic of the Chicago Convention into the legal system of the Republic of SerbiaSerbia;;

• Participation in international projects dealing with the transposition Participation in international projects dealing with the transposition of of Acquis communautaire Acquis communautaire into the legal system of the Republic of into the legal system of the Republic of SerbiaSerbia;;

• translation of already adopted bylaws into English language and translation of already adopted bylaws into English language and translation of Atranslation of Acquis communautairecquis communautaire in the domain of aviation into in the domain of aviation into SerbianSerbian;;

• other tasks within the Department’s competencesother tasks within the Department’s competences..

Thank you for your Thank you for your attentionattention!!