Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

Republic of Latvia Cabinet Regulation No. 309 Adopted 8 May 2007

Procedures Regarding the Issuing of an Air Operator's Certificate for Aerial Work

Issued pursuant to
Section 30, Paragraph two and Section 79
of the Law On Aviation

1. These Regulations prescribe the procedures by which the State agency Civil Aviation Agency (hereinafter - Civil Aviation Agency) shall issue an air operator's certificate regarding the right to perform aerial work (hereinafter - certificate), as well as the individual requirements to be met by civil aviation personnel.

2. The Civil Aviation Agency shall issue a certificate to a merchant registered in a Member State of the European Economic Area, if it conforms to the following requirements:

2.1. more than 50% of the merchant's capital share belongs to citizens of Member States of the European Economic Area;

2.2. the location of the merchant's principal activity is the Republic of Latvia;

2.3. the merchant's principal activity is individual aerial work separately or in conjunction with carriage by air, aircraft maintenance, repair or other types of commercial activities in which aircraft are utilised;

2.4. the merchant has an aircraft appropriately equipped for the intended activities and the region of activities and is adequately staffed with qualified personnel, as well as the responsible head and officials have been appointed who are responsible for the activities of the air operator in the following fields:

2.4.1. the operation of the aircraft during a flight;

2.4.2. the ensuring of the operation of the aircraft maintenance system;

2.4.3. the training of the aircraft crew; and,

2.5. the merchant's aircraft with which it is planned to perform aerial work, has been issued a Certificate of Airworthiness (a standard certificate regarding airworthiness) in accordance with the regulatory enactments regarding the recognition of aircraft as airworthy or in accordance with 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.

3. The responsible head or official specified in Sub-paragraph 2.4 of these Regulations, shall be a person who has the following:

3.1. sufficient knowledge regarding international legal enactments and regulatory enactments of the Republic of Latvia in relation to the operation and maintenance of aircraft;

3.2. knowledge and experience in the observation of aviation safety standards and the safe operation of aircraft;

3.3. an understanding regarding the aircraft operator quality management system; and,

3.4. at least three years work experience in the field of aviation, of which at least one year has been spent in a similar management position.

4. In addition to the requirements prescribed by Paragraph 3 of these Regulations a person appointed by a merchant as an official, who is responsible for aircraft operation during flight, shall have the following:

4.1. a foreign state commercial pilot licence issued in the Republic of Latvia or recognised according to the procedures of the regulatory enactments of the Republic of Latvia regarding the recognition of foreign state civil aircraft crew certificates, if the merchant is operating an aircraft with a single pilot crew. If an aircraft is being operated in accordance with the instrumental flight rules, a commercial pilot licence with an instrument flight rating of qualification shall be necessary. A commercial pilot licence or commercial pilot licence with an instrument flight rating of qualification shall not be necessary if the relevant second in command has such a certificate; and

4.2. a recognised airline transport (aeroplane or helicopter) pilot licence issued in the Republic of Latvia or recognised according to the procedures of the regulatory enactments of the Republic of Latvia regarding the recognition of foreign state civil aircraft crew certificates, if the merchant is operating an aircraft with a two pilot crew. The specified certificate shall not be necessary, if the relevant second in command has such a certificate.

5. In addition to the requirements prescribed by Paragraph 3 of these Regulations, a person appointed by a merchant as an official, who is responsible for ensuring the maintenance system activities of an aircraft, shall have the following:

5.1. a higher education in aeronautics, in the field of the maintenance of aircraft or the equipment thereof, acquired in an accredited educational institution, or additional education acquired in the speciality of aircraft equipment maintenance and necessary for the performance of the duties of office;

5.2. knowledge regarding the demonstration of aircraft operator maintenance (handbook of technical procedures);

5.3. knowledge regarding the type of the aircraft to be operated; and,

5.4. knowledge regarding the methods of maintenance for aircraft.

6. In addition to the requirements prescribed by Paragraph 3 of these Regulations, a person appointed by a merchant as an official, who is responsible for the training of an aircraft crew, shall have the following:

6.1. a comprehensive knowledge regarding the concept of training members of an aircraft crew; and,

6.2. an aircraft crew member certificate with an aircraft type instructor rating of qualification according to the type of the aircraft to be operated by the merchant. The specified certificate shall not be necessary, if the relevant second in command has such a certificate.

7. The appointing of the responsible head and official to office, specified in Sub-paragraph 2.4 of these Regulations, shall be co-ordinated in writing by a merchant with the Civil Aviation Agency.

8. As an exception, for a period of time that shall not exceed six months, the Civil Aviation Agency may allow the partial non-conformity of a person with the requirements of Paragraphs 3, 4, 5 and 6 of these Regulations, if the person has sufficient work experience in the field of aviation, the abilities to effectively fulfil duties according to the position and scope of activities thereof, as well as if this does not affect the safety of aircraft flights.

9. If a merchant employs less than 20 employees for a normal working period, one responsible official may be appointed in the fields specified in Sub-paragraphs 2.4.1, 2.4.2 and 2.4.3 of these Regulations, who may also simultaneously be the responsible head.

10. In order to receive a certificate or to extend the period of validity thereof, a merchant shall complete an application form (Annex) and submit it to the Civil Aviation Agency.

11. A merchant shall append the following documents to an application regarding the receipt of a certificate or the extension of the period of validity thereof:

11.1. a description of the proposed activities;

11.2. a description of the merchant's management organisation;

11.3. a copy of the flight operation handbook;

11.4. a copy of the operator activities handbook;

11.5. a copy of the maintenance journal for each type of aircraft to be operated;

11.6. a copy of the aircraft maintenance programme for the aircraft to be operated, whose maximum flight mass exceeds 5 700 kilograms;

11.7 a copy of the handbook for aircraft flight crew training and maintenance of qualifications;

11.8. a copy of the aircraft maintenance agreement, if a merchant does not perform the maintenance of the aircraft to be operated himself or herself;

11.9. in order to evaluate the financial situation and financial maturity of a merchant:

11.9.1. for the initial receipt of a certificate:

11.9.1.1. an audit report regarding the previous year of activities (if such exists) and the operational balance, and a calculation of profits and losses and the cash flow according to the situation at the end of the previous month;

11.9.1.2. the proposed balance, including the calculation of profits and losses, cash flow and the liquidity plan for the subsequent two years;

11.9.1.3. calculations based on the proposed expenditure and revenue regarding such items as fuel, salaries, operation, wear and tear, exchange rate mechanisms, airport costs, insurance, service rates and tariffs and other forecasts for carriage and income;

11.9.1.4. detailed information regarding expenses that have arisen from the submitting of the application until the commencement of activities;

11.9.1.5. detailed information regarding the existing and proposed sources of finances;

11.9.1.6. detailed information regarding the financing of aircraft purchase and (or) lease (if an aircraft is being leased, the provisions and conditions of the agreement shall be indicated);

11.9.2. for the extension of the term of validity of a certificate:

11.9.2.1. an audit report regarding the previous year of activities and the operational balance, a calculation of profits and losses and the cash flow according to the situation at the end of the previous month;

11.9.2.2. the proposed balance, including the calculation of profits and losses, cash flow and the liquidity plan for the subsequent year;

11.9.2.3. the actual and proposed calculations of the expenditure and revenue during the previous period regarding such items as fuel, salaries, operation, wear and tear, exchange rate mechanisms, airport costs, insurance, service rates and tariffs and other forecasts for carriage and income; and,

11.10. a copy of the payment order regarding the payment of the public payable services of the Civil Aviation Agency.

12. If a merchant submits copies of the documents specified in Paragraph 11 of these Regulations, they shall be confirmed according to the procedures of the regulatory enactments regarding the development and drawing up of documents or the document original shall be presented.

13. In order to take a decision regarding the issuing of a certificate or the extension of the period of validity thereof, the Civil Aviation Agency shall evaluate the financial situation and financial stability of a merchant (evaluating whether the merchant is able to fulfil his or her actual and possible obligations 24 months from the commencement of activities and is able to cover fixed charges and operating charges in accordance with the plan of commercial activities for the first three months of activity, not allowing for income from its activities), as well as shall request and receive within a period of three working days from the Register of Enterprises, a statement regarding the owners of capital shares, in which the type and number of capital shares belonging to them shall be indicated.

14. A merchant has the right to acquire and submit the documents specified in Paragraph 13 of these Regulations to the Civil Aviation Agency in person, observing the requirements prescribed by Paragraph 12 of these Regulations.

15. If during the time of examining an application, changes to the information specified in the application have arisen or amendments have been made to the documents or information specified in Paragraphs 11 or 13 of these Regulations, a merchant shall without delay inform the Civil Aviation Agency regarding this and submit copies of the documents confirming these changes.

16. The Civil Aviation Agency shall take a decision according to the procedures prescribed by the regulatory enactments regulating administrative processes, regarding the issuing of a certificate or the extension of the period of validity thereof, if a merchant conforms to the requirements of these Regulations. The certificate shall indicate the conditions for operation and the aircraft with which the merchant may perform aerial work. A certificate shall be issued in the first instance for one year.

17. If a merchant has not submitted all the necessary documents or the information specified therein is incomplete or imprecise, the Civil Aviation Agency shall request that all the necessary documents and information be submitted. If a merchant does not submit the relevant documents or information within a period of 30 days following the receipt of a request by the Civil Aviation Agency, the Civil Aviation Agency shall take a decision regarding the refusal to issue a certificate or to extend the period of validity of the certificate. The specified decision shall be informed to the merchant in writing.

18. If the issuing of a certificate is refused, following the elimination of the shortcomings specified in the decision regarding the refusal to issue a certificate, a merchant may submit a new application for the receipt of a certificate.

19. The Civil Aviation Agency shall take a decision regarding the extension of the period of validity of a certificate or the execution of amendments in a certificate, if a merchant submits a completed application form (Annex) and the documents specified in these Regulations to the Civil Aviation Agency 30 days prior to the expiry of the period of validity of the certificate or the execution of the necessary amendments. The period of validity of a certificate may be extended by two years, on each occasion.

20. The Civil Aviation Agency shall take a decision regarding the suspension of activities of a certificate for a period of up to 6 months, if:

20.1. a merchant does not ensure aircraft flights and the safety thereof in accordance with the essential requirements of the handbook for flight operations;

20.2. a merchant violates 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; and,

20.3. a merchant within a period of 6 months from the date of the permitted non-conformity specified in Paragraph 8 of these Regulations has not eliminated the non-conformity thereof.

21. In order to renew the operation of a suspended certificate, a merchant shall submit an application to the Civil Aviation Agency regarding the renewal of the operation of a suspended certificate and documents that confirm that the conditions, due to which the activities of a certificate were suspended, have been eliminated.

22. The Civil Aviation Agency shall cancel a certificate if:

22.1. a merchant has provided false information;

22.2. a merchant has not eliminated the conditions specified under the terms of Paragraph 20 of these Regulations, due to which the activities of a certificate have been suspended;

22.3. a merchant is insolvent or is under liquidation; or,

22.4. an application of a merchant regarding the cancellation of the certificate has been received.

23. A merchant shall hand over a certificate to the Civil Aviation Agency within a period of 14 days following the receipt of a decision regarding the suspension of the period of validity of the certificate or the cancellation of the certificate.

Prime Minister A. Kalvītis

Acting for the Minister for Transport,
Minister for Children and Family Affairs A.Baštiks

 

Annex
Cabinet Regulation No. 309
8 May 2007

Sample Application Form

Date

Application for the Receipt or Extension of the Period of Operation of an Aircraft Operator's Certificate Regarding the Right to Perform Aerial Work (hereinafter - Certificate) or for the Performance of Amendments to a Certificate

Application submitted

for the receipt of a certificate (complete all the Paragraphs of the application)

	for the extension of the period of operation of a certificate (complete all the Paragraphs of the application)

	for the performance of amendments to a certificate (complete Paragraph 2 of the application and those Paragraphs
	that do not conform with the necessary amendments and justification for the necessary amendments shall be appended to the application)

(mark the appropriate answer with an "x")

1. Information Regarding a Merchant

Name
Legal address
Contact person

Contact telephone

Fax

E-mail address

Location of the primary activity

2. Conditions of Operation

A) Indicate the proposed type of activities

A1 Ground survey work

A1-1 Aerial photography

A1-2 Survey search flights

A1-3 Aerial survey flights

A1-4 Aerial visual flights

A2 Transport and Communication Work

A3 Construction, Assembling, Loading and Unloading Work

A4 Aviation Work in the Field of Forestry

A5 Agrochemical Work of Aviation

A6 Flights for the Performance of Experimental and Scientific Research Work

A7 Provision of Assistance to Inhabitants during the Elimination of Consequences of Disasters

A8 Rescue Operations of Aviation

B) Indicate the Type of Aircraft to be Utilised

C) Indicate the Proposed Region of Activities and Flight Route

D) Indicate the Necessary Special Restrictions to be Applied to Aircraft Flights

D1 Visual Flights During the Day

D2 Visual Flights During the Day and at Night

D3 Other ________________________________________

E) Indicate the Necessary Permits and Confirmations to be Applied to Aircraft Flights:

E1 Category II Operation

E2, E3, E4 Category III Operation

E5 Flight Procedures Below the Minimum Specified Height

E6 Minimum Requirements for Navigation Characterisation

E7 Increased Distance Flight Aeroplanes with Two Gas Turbine Power Plants

E8 Confirmation for Operation in Area Navigation (RNAV)

E9 Reduced Vertical Separation Minimum

E10 Necessary Characteristics for Navigation

E11 Dangerous loads

E12 Helicopter Activities in the Open Sea

E13 Pilot Transfer

E14 Activities in Regions Where a Metric System of Measurement is Used

3. Evaluation of the Training of the Aircraft Flight Crew

A) Indicate the Organisations for Instruction Flights (Training) to be Utilised

B) Indicate the Instruction Flight (Training) Organisation Objectives of Utilisation

Training	Tests
Type Rating of Qualification (TR)	Type Rating of Qualification (TR)
Instrument Rating of the Flight Qualification (IR)	Instrument Rating of the Flight Qualification (IR)
Complex Flight Trainer (FS)	Test of Professionalism
Flight and Navigation Procedures Trainer (FNPT)	Flight Instructor (FI), Type Rating of Qualification for the Extension of the Terms of Instructor Activities (TRI)
Category II and III	Skill Test
Carriage of Dangerous Goods	Other_____________________
Other_____________________	Other_____________________
Other_____________________	Other_____________________
Other_____________________	Other_____________________

4. Aircraft to be Utilised

Indicate the following data regarding the aircraft to be utilised

Include in the certificate	Delete from the certificate	State identity mark and registration mark	The name of the manufacturer;	Type of the aircraft	Owner of the aircraft
[ ]

B) Indicate whether the equipment of the aircraft to be used by a merchant conforms to Convention of International Civil Aviation Annex 6, Chapter II , Sub-paragraphs 6 and 7 and that the equipment of the helicopters to be used conforms with that in Chapter III, Article II, Sub-paragraphs 4 and 5 of the specified Annex.

Aircraft	Conforms	Does not conform

5. Technical Maintenance of the Aircraft

Indicate the aircraft maintenance organisations or persons who shall perform the maintenance

6. Exceptions

Indicate the exceptions received to date for the performance of individual operation procedures

7. Responsible Officials of a Merchant

Indicate the following data regarding the responsible head and officials

Responsible head

Given name, surname
Personal identity number
Work experience in the field of aviation

Responsible official regarding the operation of the aircraft during a flight

Given name, surname
Personal identity number
Work experience in the field of aviation

Responsible official regarding the maintenance system of the aircraft

Given name, surname
Personal identity number
Work experience in the field of aviation

Responsible official regarding the training of the aircraft flight crew

Given name, surname
Personal identity number
Work experience in the field of aviation

Responsible official regarding the merchant's quality management system

Given name, surname
Personal identity number
Work experience in the field of aviation

Responsible official regarding aviation safety

Given name, surname
Personal identity number
Work experience in the field of aviation

Responsible official regarding aviation accidents and investigation of incidents

Given name, surname
Personal identity number
Work experience in the field of aviation

B) If any of the merchant's responsible officials or the responsible head has in the period of the last five years

been called to criminal liability, indicate which person and for which criminal offence he or she has been penalised

8. Has the merchant previously been refused the issue of a certificate, had certificate activities suspended, been refused the extension of the period of validity of a certificate or had a certificate revoked in another state

Yes

No

If the answer is "yes", provide information regarding the reasons for the refusal of a certificate, suspension of activities or cancellation, submitting a copy of the decision of the relevant certified authority, according to the regulatory enactments regarding the validity of documents in the Republic of Latvia that are issued by other states

Proposed period of commencement of activities
Given name, surname of the applicant

Signature_________________

Acting for the Minister for Transport,
Minister for Children and Family Affairs A.Baštiks

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Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)