Ordinance on the Charges for Using the Airports for Public Use and for Air Navigation Services in the Republic of Bulgaria
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ORDINANCE - AIRPORT CHARGES AND CHARGES FOR AIR NAVIGATION SERVICES - EN.docx Процедура за възлагане на концесия за Tender Procedure: Award of a works строителство на обект „Гражданско летище concession on the object "Civil Airport for за обществено ползване София – публична public use Sofia" – public state property държавна собственост“ (термините, употребени с главна буква в (the capitalised terms used in this notice това съобщение, имат значението, дадено shall have the meaning given to them in the им в Документацията за Концесията или в Tender Documents or in the Data Room Правилата за Информационната зала) Rules) Това е неофициален превод от български на This is an unofficial translation from английски език, който се предоставя само за Bulgarian into English language, which is улеснение на регистрираните Потребители provided for convenience only to the на Информационната зала, само за тяхно registered Users of the Data Room, only for лично ползване във връзка с настоящата their own use in relation to the current Процедура, и не може да бъде използван за Procedure and may not be used for any никаква друга цел. other purpose. Този превод е извлечен от продукта Ciela This translation is derived from the product Law, част от правно-информационната Ciela Law, a part of the law reference система на Сиела Норма АД. software owned by Ciela Norma AD. Нито МТИТС, нито който и да е от неговите Neither MTITC, nor any of its Affiliated Свързани лица или консултанти, не носи Persons or advisors, shall bear any liability отговорност за правилността или пълнотата for the accuracy or completeness of this на този превод. По отношение на translation. With respect to the translated преведения нормативен акт, единствено legislative act, the only valid and legal валиден и правно обвързващ е официалният binding text is the official text in Bulgarian текст на български език, обнародван в language published in the State Gazette of Държавен вестник, със съответните му the Republic of Bulgaria, taking into account последващи изменения и допълнения. its respective subsequent modifications or amendments. ORDINANCE ON THE CHARGES FOR USING THE AIRPORTS FOR PUBLIC USE AND FOR AIR NAVIGATION SERVICES IN THE REPUBLIC OF BULGARIA Prom. SG. 2/8 Jan 1999, Amend. SG. 15/22 Feb 2000, Amend. SG. 9/30 Jan 2001, Amend. SG. 62/13 Jul 2001, Amend. SG. 19/19 Feb 2002, Amend. SG. 16/18 Feb 2003, Amend. SG. 32/20 Apr 2004, Amend. SG. 71/13 Aug 2004, Amend. SG. 15/15 Feb 2005, Amend. SG. 96/30 Nov 2005, Amend. SG. 22/14 Mar 2006, Amend. SG. 1/5 Jan 2007, Amend. SG. 25/23 Mar 2007, Amend. SG. 34/1 Apr 2008, Amend. SG. 92/24 Oct 2008, Amend. SG. 28/13 Apr 2010, Amend. SG. 20/11 Mar 2011, Amend. SG. 107/31 Dec 2011, Amend. SG. 94/30 Nov 2012, Amend. SG. 38/23 Apr 2013, Amend. SG. 41/16 May 2014, Amend. SG. 67/12 Aug 2014, amend. and suppl. SG. 45/19 Jun 2015, amend. SG. 11/9 Feb 2016, amend. SG. 21/10 Mar 2017, Amend. and suppl. SG 102/22 Dec 2017, amend. SG. 20/6 March 2018 Page 1 of 65 ORDINANCE - AIRPORT CHARGES AND CHARGES FOR AIR NAVIGATION SERVICES - EN.docx Section I. General provisions Art. 1. (Previous text of Art. 1 – SG. 94/2012, in force from November 30,2012) The ordinance determines the order, the amount and the cases when charges are collected for using the airports for public purposes and for air navigation services in the Republic of Bulgaria. (2). (new – SG – 94/2012, in force from 30.11.2012, suppl. SG - 67/2014, in force from 12.08.2014, amended SG – 102/2017, in force from 30.11.2012,) The ordinance shall determine the order, the amount and the cases in which the charges under para. 1 for an airport with an annual traffic of more than 5 million passengers or for the airport with the largest number of passenger services on the territory of the Republic of Bulgaria, in accordance with Annexes 1a, 1b and 1c. (3). (new – SG – 94/2012, in force from 30.11.2012) The charges under para. 2 shall be determined according to the methodology under Appendix No.1. (4) (new - SG – 102/2017) Any user or association of users of the relevant airport, as well as persons authorised by airport users or by associations of airport users shall be entitled to file appeals against the decision of the airport operator under Art.122k(1) of the Civil Aviation Act (CAA). The power of attorney of the authorized persons shall contain a statement that they are entitled to appeal against the decision of the airport operator before the Chief Director of the General Directorate "Civil Aviation Administration" and to take part in each of the phases of the procedure under Art.122k to 122q of the CAA. Art. 1a. (new - SG – 67/2014, in force from 12.08.2014, amended SG – 102/2017)) The airport operator of the airport with an annual traffic of more than 5 million passengers or the airport operator of the airport with the largest number of passenger services on the territory of the Republic of Bulgaria shall provide each month to the independent supervisory body under Art. 16e, Para. 1 of the CAA the funds collected as part of the airport charges under Art. 120, Para. 1 of the Act, for the body to perform its functions. Art. 2. (amended SG – 62/2001, in force from 13.07.2001)(1) The individuals or the corporate bodies, called hereinafter "carriers", using the air space and/or the airports for public purposes shall declare before the Civil air navigation administration and before Chief Directorate "direction of the air traffic" the data for the aircraft used by them in type, modification, registration signs, maximal take-off weight and noise characteristics. (2) (suppl. SG - 9/01, in force from 01.01.2001, amended SG – 94/2012, in force from 30.11.2012, amend. and suppl. – SG – 102/2017) The persons under Para. 1 shall be obliged to declare as maximal take-off weight the maximal value of the data for maximal take-off weight determined by the noise certificate for flight exploitation or by other equivalent official document. When the aircraft has several certified take-off weights, in the noise certificate, issued, in order to determine the extent of the charges shall be taken the value defined by the aeronautic administration of the country where the aircraft is registered. (3) The persons under Para. 1 shall also declare their names and full address, as well as the name and the full address of the body or the person authorised to pay. (4) The data under Para. 1, 2 and 3 shall be submitted at the time of coordination of the seasonal schedules, of charter and other flights and, in cases of changes, within 10 days before the change. Page 2 of 65 ORDINANCE - AIRPORT CHARGES AND CHARGES FOR AIR NAVIGATION SERVICES - EN.docx (5) In the cases when the data under Para. 1, 2, 3 and 4 are not declared in advance or if the captain of the aircraft is not in position to register them the respective charge shall be calculated on the basis of the maximal take-off weight of the heaviest category of the type of aircraft. Art. 3. (1) The airports for public purposes shall collect charges for: 1. landing of aircraft; 2. parking; 3. (amended – SG - 94/2012, in force from 30.11.2012) passengers. 4. (new – SG - 01/07, in force from 22.12.2006) using a boarding bridge 5. (new - SG - 94/2012, in force from 30.11.2012) security; 6. (new - SG - 94/2012, in force from 30.11.2012) noise (environmental). (2) (amend. SG 62/01; in force from 13.07.2001, amend. – SG 25/07) The following shall be collected for air navigation services for the air traffic: 1. (suppl. – SG 25/07, amended SG-94/2012, in force from 30.11.2012) charges for using radio navigation devices and flight services in the zone of the airports; 2. (suppl. – SG - 25/07) traffic charges for flying through the serviced air space of the Republic of Bulgaria. (3) (suppl. SG – 38/2013, in force from 01.01.2013) The charges under Para. 1 shall be paid by the carrier or by the owner of the aircraft if he does not appoint carrier. (4) (new – SG – 38/2013, in force from 01.01.2013) The charges under Para. 2 shall be paid by the aircraft operator at the time the flight is performed. If the identity of the operator is unknown, the owner of the aircraft shall be deemed to be the operator unless he can prove the other person who was the operator. The designation of the International Civil Aviation Organization (ICAO) or any other recognized flight identification mark shall be used to identify the aircraft operator. Art. 4. (amend. SG – 94/2012, in force from 30.11.2012, amend. SG – 38/2013, in force from 01.01.2013) Exempt from the charges under Art. 3, Para. 1, item 1, 2, 5 and 6 shall be: 1. aircraft performing flights for rescue operations; 2. aircraft performing humanitarian flights; 3. state aircraft performing state flights; 4. (revoked SG - 62/01, in force from 13.07.2001); 5. aircraft in distress or subjected to illegal interference; 6. (revoked - SG, No. 107 in 2011, in force as of 01.01.2012); 7. aircraft used for checking up air navigation equipment; 8. aircraft returned to the airport due to technical reasons or due to unfavourable meteorological conditions when the flight is performed by taking off and landing on one airport without intermediate landing on another airport; 9.