20 April

Decree of the President of the Republic of Azerbaijan On Approval of the Regulations of the State Civil Aviation Administration of the Republic of Azerbaijan

Decree of the President of the Republic of Azerbaijan On “Approval of the “Regulations of the State Civil Aviation Administration of the Republic of Azerbaijan””

With the view of ensuring the activity of the State Civil Aviation Administration of the Republic of Azerbaijan, I hereby decide to:

1. approve the Regulations of the State Civil Aviation Administration of the Republic of Azerbaijan (attached).

2. fix the maximum number of staff of the State Civil Aviation Administration of the Republic of Azerbaijan - 49 persons.

3. TheCabinetofMinistersoftheRepublicofAzerbaijanshouldbeinstructedto:

draft their recommendations as to bringing current normative legal acts in conformance with the present Decree and submit them to the President of the Republic of Azerbaijan within one month;

resolve other issues arising from the present Decree. 4.This Decree shall take effect from the date of its publication.

The President of the Republic of Azerbaijan ILHAM ALİYEV

Baku, 20 April 2007 No 565

Published in “Azerbaijan” newspaper (21 April 2007, No 84). Published in “Digest of the Legislation of the Republic of Azerbaijan” (30 April 2007, No 4, Article 327).

As amended by Decree No 14, dated 11 November 2008.Approved by the Decree of the President of the Republic of Azerbaijan dated 20 April 2007, No 565

Regulations of the State Civil Aviation Administration of the Republic of Azerbaijan

I. General

1. The State Civil Aviation Administration of the Republic of Azerbaijan (hereinafter referred to as “the Administration”) shall be a central executive authority exercising oversight, government policy and regulatory functions in the field of civil aviation (hereinafter referred to as “in the relevant field”).

Regardless of their property form and belonging to any agency, enterprises, departments and organizations, as well as natural persons acting in the relevant field in the territory of the country and conforming to requirements existing in the relevant field shall be the entities of the civil aviation and form the civil aviation industry.

2. When exercising its activities the Administration shall be guided by the Constitution of the Republic of Azerbaijan, laws of the Republic of Azerbaijan, decrees and directions of the President of the Republic of Azerbaijan, orders and enactments of the Cabinet of Ministers of the Republic of Azerbaijan, international treaties the Republic of Azerbaijan is a party to, requirements of the international civil aviation organizations, and present Regulations.

3. When fulfilling its obligations and exercising its rights, the Administration shall act in cooperation with other executive authorities, local authorities and non- governmental organizations.

4. The Administration shall have its independent balance, state property being in its disposal in accordance with the legislation, treasury and bank accounts, a seal with the National emblem of the Republic of Azerbaijan and the name in the Azeri and English languages, official emblem, relevant stamps and letter headed papers.

5. Maintenance and activity costs of the Administration shall be financed from the National budget of the Republic of Azerbaijan and other sources not contradicting the existing legislation of the Republic of Azerbaijan.

6. The Administration shall be located in Baku city.

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II. Main activities of the Administration

7. The Administration’s main activities shall be as follows:

7.1. to participate in the formation of the state policy in the relevant field and ensure the implementation of this policy;

7.2. to ensure development of the relevant field;

7.3. to oversight safety of civil aircraft operations, aviation security and environmental protection from civil aircraft emissions;

7.4. to perform other activities as provided by the legislation.

III. Obligations of the Administration

8. The Administration shall perform the following obligations in accordance with the main activities set forth hereby:

8.1. perform, within its authorities, regulatory functions in the relevant area;

8.2. ensure, within its authorities, implementation of National programs and development concepts;

8.3. coordinate activities of other executive authorities associated with the relevant field;

8.4. negotiate and duly execute, according to the instructions of the President of the Republic of Azerbaijan, international agreements related to the relevant field, and ensure the implementation of such international agreements within its authorities;

8.5. carry out a state supervision in the relevant field;

8.6. issue special permissions (licenses) and authorizations for the relevant activities as provided by the legislation;

8.7. ensure, within its authorities, that human and citizen rights are exercised, and prevent any violation thereof;

8.8. ensure the application of scientific and technological achievements in the relevant field subject to advanced international practices;

8.9. ensure that budgetary funds, loans, grants and other financial funds allocated to the relevant field are effectively used according to their intended purpose;

8.10. take necessary measures for the protection of a state secret and confidentiality regime as provided by the legislation, and also take security measures corresponding to the directions of the activity;

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8.11. ensure publicity of its activities;

8.12. provide personnel training in the relevant field;

8.13. take measures, within its authorities, to improve the structure and activity of the Administration;

8.14. consider applications and complaints associated with the activity of the Administration and take measures as provided by the legislation;

8.15. maintain cooperation with ICAO (International Civil Aviation Organization) and other international organizations, directly participate in their activity, and act in mutual cooperation with Aeronautical Authorities of foreign countries;

8.16. supervise observance of national rules, regulations and procedures, as well as international standards and recommended practices in the relevant field, and notify about any differences between the national legislation and other normative legal acts in the relevant field and ICAO Standards and Recommended Practices;

8.17. within its authorities, supervise the effective use of the state property being at its disposal and ensure protection of state interests in the relevant field;

8.18. develop competitive air transportation market;

8.19. within its authorities cooperate with international organizations to attract financial and technical support to the relevant field;

8.20. participate in preparation of a national labour protection policy concept in the relevant field, and ensure its implementation;

8.21. implement a unified national policy on continuing airworthiness of civil aircraft;

8.22. carry out mandatory certification of all civil aviation entities of the Republic of Azerbaijan, including aviation equipment, in accordance with the national and international requirements, and supervise observance by the civil aviation entities of the conditions stipulated by the issued certificates;

8.23. conduct, jointly with the relevant executive authorities, investigation of civil aircraft incidents (accidents), and with the aim to prevent reoccurrence thereof distribute information among aviation society, keep record of aircraft incidents, and timely inform the appropriate international aviation organizations;

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8.24. develop, together with the appropriate executive authorities, the rules governing the use of air space, rules of the air for civil aircraft in the Republic of Azerbaijan, as well as other normative legal acts;

8.25. resolve on drafts of the legislative acts pertaining to the relevant field;

8.26. participate, within its authorities, in establishing and implementation of financial and economic, investment and tariff-and-price policy, adopt a consistent international tariff policy in the relevant field;

8.27. prepare relevant proposals as to creation of favorable investment conditions in the relevant field and their effective use;

8.28. make recommendations to the Cabinet of Ministers of the Republic of Azerbaijan with regard to adherence to international agreements in the relevant field;

8.29. make recommendations to the Cabinet of Ministers regarding construction of airports, aerodromes, heliports and other civil aviation facilities of national significance and coordination of such activities;

8.30. make recommendations to the Cabinet of Ministers with regard to opening (closing) of civil airports, aerodromes, heliports for international flights;

8.31. function as a government customer for governmental needs in the relevant field;

8.32. create working groups on commissioning of airports, aerodromes, heliports and other civil aviation facilities of national significance during their construction, reconstruction and engineering development, also participate in the activity of the state commissions;

8.33. give opinion on technical and economic indices and design estimates associated with the construction, reconstruction and engineering development of civil aviation facilities;

8.34. analyze economic and financial condition of the civil aviation entities, in necessary cases take measures to increase efficiency of their activity;

8.35. make decisions on issuance, refusal to issue, suspension and cancellation of aircraft operator’s certificates and certificates of conformance, as provided by the legislation;

8.36. in accordance with specified rules give permission to aircraft to carry dangerous goods over the airspace of the country;

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8.37. according to the established procedure, issue permits for the placing of buildings, facilities and objects within any airport and aerodrome safety areas;

8.38. arrange provision of air navigation, telecommunication, information and meteorological services for aircraft operations in the airspace and airports of the Republic of Azerbaijan, and set requirements for service providers;

8.39. keep the State register of civil aircraft, registers of certified aviation personnel, certified aerodromes and civil aviation entities; register civil aircraft, issue relevant certificates in accordance with the existing rules, and establish requirements on validation of similar documents issued by authorities of foreign countries;

8.40. endorse stationing and operation in the Republic of Azerbaijan of aviation equipment purchased by civil aviation entities, considering capacities of the country’s civil airports and aerodromes, as well as maintenance capabilities;

8.41. designate country’s certified airlines and approve their flight routes within the republic, and based on intergovernmental treaties beyond its territory; issue appropriate permissions for the operation of these routes, and issue permissions to civil aircraft of foreign countries to operate (scheduled and charter flights) to civil airports of the Republic of Azerbaijan;

8.42. perform audits and inspections of activities of the republican civil aviation entities, as well as ramp inspections of foreign aircraft operating flights to the airports of the Republic of Azerbaijan, and take appropriate enforcement measures;

8.43. regardless of organizational, legal and property form of all civil aviation entities, approve, within its authorities, and perform implementation oversight over technical requirements, rules and instructions related to the operation and safety of civil aircraft and other vehicles’ movements within airport restricted areas;

8.44. develop and approve requirements related to the level of health of individual categories of aviation specialists, as well as their professional training level and certification;

8.45. participate in operations on settlement of crisis situations related to acts of unlawful interference with civil aviation activities, in organization of search and rescue operations in connection with aircraft in distress or in accident, and conduct official investigations on such acts of unlawful interference;

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8.46. carry out supervision over preparation and operation of flights intended for heads of states, government officials and high-ranking delegations (“VIP” flights);

8.47. develop drafts of intergovernmental air services and cooperation agreements related to the field, establish new air services (routes), define frequencies for international air services and commercial conditions of their operation;

8.48. make recommendations regarding application and approval of tariffs and charges associated with air transportations and all types of aviation services on domestic routes within the territory of the Republic of Azerbaijan;

8.49. develop and approve, according to the effective international rules, tariffs and charges for international transportations;

8.50. in accordance with the procedure established, handle passport and visa issuance matters for the staff of the Administration and civil aircraft crews engaged in the international air transportation;

8.51. participate in formation and arrange the implementation of the state policy on education, training and refresher training of personnel, as well as ensuring employment, social protection, pension of the civil aviation employees;

8.52. create a database of technological, engineering, economic, financial, social, environmental and other information related to civil aviation;

8.53. jointly with relevant state authorities perform preparedness activity at civil aviation enterprises, departments and organizations during the emergencies, take necessary civil defense actions, participate in elimination of consequences caused by emergency situations;

8.54. according to the fields of its activity, execute other duties provided for by the effective legislation.

IV. Rights of the Administration

9. The Administration shall enjoy the following rights to perform its duties:

9.1. prepare drafts of legislative instruments pertinent to the relevant field independently or participate in drafting thereof;

9.2. make recommendations as to joining by the Republic of Azerbaijan to international agreements related to the field;

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9.3. send enquiries to state and local government authorities, natural and legal persons regarding necessary information (documents) on the relevant field, and receive such information (documents) from them;

9.4. cooperate, as specified by the legislation, with the relevant international organizations, concerned government agencies (bodies) of foreign states, and study the relevant practice of foreign states;

9.5. give opinions, conduct analyses and summary reviews according to the scopes of activity, prepare analytical materials, conduct researches, submit proposals in the relevant field;

9.6. take measures for initial and recurrent training of specialists in the relevant field;

9.7. engage independent experts and specialists into its activities, as provided by the legislation;

9.8. issue special bulletins and other publications, create a web site and make use of it, as provided by the legislation;

9.9. in order to regulate the activities in the field, make recommendations as to creation, liquidation and reorganization of the relevant structures;

9.10. unimpeded access of auditors/inspectors to the aircraft, service rooms, facilities, all documentation (information) related to the activity of civil aviation entities; give appropriate tasks and inspector’s instructions to civil aviation officials with regard to safety and security measures, and indicate implementation terms thereof;

9.11. hold conferences, meetings and workshops, organize exhibitions related to the challenges of civil aviation activities and aimed at improvement thereof;

9.12. prepare drafts of the relevant legislative acts and industry standards establishing general rules of activity of the civil aviation, and make recommendations on amending previously adopted legislative acts, as necessary;

9.13. make recommendations to ICAO on amendments to the Standards and Recommended Practices, as necessary;

9.14. approve appointment of the heads of civil aviation entities of the Republic of Azerbaijan, as provided by the legislation;

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9.15. according to the effective legislation make recommendations on the design of the Administration’s official emblems and identification signs;

9.16. make recommendations on approval of uniform samples, identification signs and uniform wearing rules in the civil aviation;

9.17. employ research institutions, companies, individual experts, including foreign specialists for decision on matters related to powers of the Administration (aviation accident and incident investigation, drafting relevant opinions etc.);

9.18. exercise other rights in accordance with the scope of activities, as provided by the legislation.

V. Organization of the Administration’s activity

10. Central staff of the Administration and state-owned civil aviation entities shall compose the uniform system of the Administration. The Administration shall exercise its activity both directly and through civil aviation entities.

11. The structure of the Administration and total number of employees shall be determined by the President of the Republic of Azerbaijan. The list of lower organizations not included into the structure of the Administration shall be determined by the Cabinet of Ministers of the Republic of Azerbaijan.

12. Activity of the Administration shall be managed by a Director, who shall be appointed to and dismissed from the office by the President of the Republic of Azerbaijan. The Director shall be personally responsible for the fulfillment of duties and exercising rights of the Administration.

13. The Director of the Administration shall have two deputy directors to be appointed to and dismissed from the office by the President of the Republic of Azerbaijan.

14. Deputy Directors of the Administration shall execute duties entrusted with by the Director and bear personal responsibility.

15. Director of the Administration shall:

15.1. run the Administration and organize its activity;

15.2. approve regulations (charters) of structural divisions and organizations of the Administration’s central staff;

15.3. within the established structure, salary fund and number of employees, approve the structure, staff list of the Administration’s state-owned civil

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aviation entities and their estimate of costs within the allocated budget financing;

15.4. issue mandatory-to-execute orders and resolutions, according to the legislation, approve (sign) normative legal acts, organize implementation thereof and carry out oversight;

15.5. cancel contradicting the legislation decisions of the Administration’s officials;

15.6. represent the Administration;

15.7. sign international agreements within the authorities given according to the legislation;

15.8. appoint to and dismiss from positions employees of the central staff of the Administration, apply encouraging and punishment actions against them;

15.9. according to the established procedure, nominate civil aviation employees for the government awards and titles of honour of the Republic of Azerbaijan, confer a decoration upon them with badges of honour and letters of commendation;

15.10. execute other authorities in accordance with effective legislation of the Republic of Azerbaijan.

16. A board consisting of the Director (chairman of Board), deputy Directors (deputies of chairman) and the structural divisions of the central staff shall be established at the Administration. Experts and scientists may also be accepted to the membership of the Board.

17. Number and membership of the Board shall be approved by the Cabinet of Ministers of the Republic of Azerbaijan;

18. Issues associated with the activity of the Administration shall be discussed and appropriate decisions made at the meetings of the Board;

19. Meetings of the Board shall have the authority if more than half of the members attended the meeting. Decisions of the Board shall be adopted by a single majority of votes. In case of tie vote when adopting a decision of the Board, the vote of the Chairman shall be decisive. Decisions of the Board shall be executed by minutes of the meeting and approved by the Director of the Administration.

20. In case of disagreement between the members of the Board, the Director of the Administration shall inform the Cabinet of Ministers of the Republic of Azerbaijan

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and give effect to his own decision. Members of the Board may inform the Cabinet of Ministers of the Republic of Azerbaijan of their own opinions.

21. Where necessary, heads of other executive authorities, departments and organizations may be invited to the meetings of the Board of the Administration.

22. The administration shall organize the Scientific Council, the commission for certification of civil aviation entities of the Republic of Azerbaijan and licensing their activity, as well as other councils and commissions on the most urgent spheres of civil aviation activities. Membership of councils and commissions and their regulations shall be approved by the Director of the Administration.

Published in Legislation

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