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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

27 September 2016 [shall come into force from 30 September 2016].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.

 

Republic of Latvia

Cabinet
Regulation No. 280
Adopted 23 March 2010

Regulations Regarding Carriage by Air of Passengers, Baggage and Cargo

Issued pursuant to
Section 84, Paragraph one of the law On Aviation

I. General Provisions

1. This Regulation prescribes the procedures by which scheduled and non-scheduled carriage by air of passengers, baggage and cargo (hereinafter - the carriage by air) to and from the Republic of Latvia shall be conducted.

2. Chapter II of this Regulation shall apply to the flights referred to in Chapter III of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (hereinafter - Regulation No 1008/2008).

3. Chapters III and IV of this Regulation shall apply to the flights not referred to in Chapter III of Regulation No 1008/2008. Such carriage by air takes place in accordance with the conditions of this Regulation, international agreements binding on the Republic of Latvia and Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (hereinafter - Regulation No 452/2014).

[27 September 2016]

4. The Ministry of Transport shall issue the permits referred to in this Regulation for scheduled and non-scheduled carriage by air.

5. The day when the documents have actually reached the Ministry of Transport shall be deemed to be the day of submission of the relevant documents.

II. Carriage by Air Between the Republic of Latvia and the European Economic Area States

6. A carrier of the Republic of Latvia (within the meaning of Article 4 of Regulation No 1008/2008) who wants to commence scheduled carriage by air between the Republic of Latvia and any other Member State of the European Economic Area shall inform the Ministry of Transport thereof at least seven working days before the commencement of carriage by air on the planned route.

7. A carrier of the Republic of Latvia (within the meaning of Article 4 of Regulation No 1008/2008) who wants to conduct non-scheduled carriage by air between the Republic of Latvia and any other Member State of the European Economic Area shall inform the Ministry of Transport thereof at least three working days before the commencement of carriage by air on the planned route.

8. A carrier of the European Economic Area (within the meaning of Article 4 of Regulation No 1008/2008) who wants to commence scheduled carriage by air between the Republic of Latvia and any other Member State of the European Economic Area shall inform the Ministry of Transport thereof in writing at least seven working days before the commencement of carriage by air on the planned route.

9. A carrier of the European Economic Area (within the meaning of Article 4 of Regulation No 1008/2008) who wants to conduct non-scheduled carriage by air between the Republic of Latvia and any other Member State of the European Economic Area shall inform the Ministry of Transport thereof at least three working days before the commencement of carriage by air on the planned route.

10. If the Ministry of Transport finds that the carriers referred to in Paragraphs 6, 7, 8 and 9 of this Regulation do not meet the requirements laid down in Chapter III of Regulation No 1008/2008, it shall take the decision on the prohibition to conduct the respective carriage by air.

III. Scheduled Carriage by Air

11. If a carrier registered in the Republic of Latvia wants to commence scheduled carriage by air between the Republic of Latvia and a country which is not a Member State of the European Economic Area, it shall submit an application to Ministry of Transport at least one month before the commencement of the planned carriage by air. The flight schedule shall be appended to the application.

12. If all the documents referred to in Paragraph 11 of this Regulation have been submitted, the Ministry of Transport shall issue the permit for scheduled carriage by air to the relevant carrier within 10 working days. If shortcomings are found in the submitted documents, the Ministry of Transport shall request in writing to eliminate them until the commencement of the planned flights. If the found shortcomings are not eliminated within the aforementioned time period, the permit shall not be issued.

13. If a carrier registered in another Member State of the European Economic Area wants to commence scheduled carriage by air between the Republic of Latvia and a country which is not a Member State of the European Economic Area, it shall submit an application to the Ministry of Transport at least one month before the commencement of the planned carriage by air. The following shall be appended to the application:

13.1. the flight schedule;

13.2. a copy of the operating licence which has been issued by the competent aviation authority of the respective Member State of the European Economic Area in accordance with Regulation No 1008/2008;

13.3. an internationally publicly legally binding certification of the registration country of the carrier and the country to which the carrier wants to conduct scheduled carriage by air that the relevant countries guarantee the carriers registered in the Republic of Latvia the right to conduct scheduled carriage by air on an equivalent route.

[27 September 2016]

14. If all the documents referred to in Paragraph 13 of this Regulation have been submitted, the Ministry of Transport shall issue the permit for scheduled carriage by air to the relevant carrier within 10 working days. If shortcomings are found in the submitted documents, the Ministry of Transport shall request in writing to eliminate them until the commencement of the planned flights. If the found shortcomings are not eliminated within the aforementioned time period, the permit shall not be issued.

15. If a carrier registered in a country which is not a Member State of the European Economic Area wants to commence scheduled carriage by air between the Republic of Latvia and the other country, it shall submit the following to the Ministry of Transport at least one month before the commencement of the planned carriage by air:

15.1. a copy of the operating licence;

15.2. a copy of the permit which has been issued by the European Aviation Safety Agency in accordance with Annex 2 to Regulation No 452/2014;

15.3. [27 September 2016];

15.4. [27 September 2016];

15.5. copies of those documents which certify the compliance of the aircraft with the applicable aircraft flight safety requirements and the ability of the air carrier to fulfil the applicable civil aviation safety requirements, if they have not been renewed in the data base of the European Aviation Safety Agency;

15.6. the document of the competent authority of the registration country of the carrier, in which a request to allow the carrier of this country to conduct carriage by air on a specific route between the Republic of Latvia and the relevant country is expressed;

15.7. an internationally publicly legally binding certification of the registration country of the carrier and the country to which the carrier wants to conduct scheduled carriage by air that the relevant countries guarantee the carriers registered in the Republic of Latvia the right to conduct scheduled carriage by air on an equivalent route.

[27 September 2016]

16. If all the documents referred to in Paragraph 15 of this Regulation have been submitted, as well as the issue of the permit complies with the economic interests of Latvia in the field of aviation, the Ministry of Transport shall issue the permit for scheduled carriage by air to the relevant carrier within 10 working days. If shortcomings are found in the submitted documents, the Ministry of Transport shall request in writing to eliminate them until the commencement of the planned flights. If the found shortcomings are not eliminated within the aforementioned time period, the permit shall not be issued. When issuing the permit for scheduled carriage by air, the Ministry of Transport may specify the validity period of the permit. The time period shall be determined by taking into account the existing or planned system of scheduled carriage on the particular route, as well as the economic interests of Latvia in the field of aviation.

17. If a carrier registered in a country which is not a Member State of the European Economic Area, but with which the Republic of Latvia has entered into a contract on the carriage by air, wants to commence scheduled carriage by air between the Republic of Latvia and the respective country, it shall submit an application to the Ministry of Transport at least one month before the commencement of the planned carriage by air. The planned flight schedule and copies of the documents referred to in Sub-paragraphs 15.1, 15.2, and 15.5 of this Regulation shall be appended to the application.

[27 September 2016]

18. If all the documents referred to in Paragraph 17 of this Regulation have been submitted, the Ministry of Transport shall issue the permit for scheduled carriage by to the relevant carrier within 10 working days. If shortcomings are found in the submitted documents, the Ministry of Transport shall request in writing to eliminate them until the commencement of the planned flights. If the found shortcomings are not eliminated within the aforementioned time period, the permit shall not be issued.

19. The permits for scheduled carriage by air referred to in this Chapter shall not be issued, and the issued permits shall be suspended depending on the nature and duration of the threat for an objective time period, or revoked, if there are reasonable concerns that the conducting of the particular carriage by air does not conform to the interests of national security.

IV. Non-Scheduled Carriage by Air

20. If a carrier registered in the Republic of Latvia wants to conduct non-scheduled carriage by air between the Republic of Latvia and a country which is not a Member State of the European Economic Area, it shall submit an application to the Ministry of Transport at least four working days before the commencement of the planned carriage by air. The flight plan shall be appended to the application. Within the meaning of this Chapter, a flight plan is specific information regarding the planned flight or a section thereof which is submitted to the relevant institutions organising air traffic.

21. If all the documents referred to in Paragraph 20 of this Regulation have been submitted, the Ministry of Transport shall issue the permit for non-scheduled carriage by air to the relevant carrier within two working days. If shortcomings are found in the submitted documents, the Ministry of Transport shall immediately request in writing to eliminate them until the planned commencement of the flights. If the found shortcomings are not eliminated within the aforementioned time period, the permit shall not be issued.

22. If a carrier registered in another Member State of the European Economic Area wants to conduct non-scheduled carriage by air between the Republic of Latvia and a country which is not a Member State of the European Economic Area, it shall submit an application to the Ministry of Transport at least four working days before the commencement of the planned carriage by air. The following shall be appended to the application:

22.1. the flight plan;

22.2. a copy of the operating licence which has been issued by the competent authority of the respective Member State of the European Economic Area in accordance with Regulation No 1008/2008.

23. If all the documents referred to in Paragraph 22 of this Regulation have been submitted, the Ministry of Transport shall issue the permit for non-scheduled carriage by air to the relevant carrier within two working days. If shortcomings are found in the submitted documents, the Ministry of Transport shall request in writing to eliminate them until the commencement of the planned flights. If the found shortcomings are not eliminated within the aforementioned time period, the permit shall not be issued.

24. If a carrier registered in a country which is not a Member State of the European Economic Area wants to conduct non-scheduled carriage by air between the Republic of Latvia and another country, it shall submit to the Ministry of Transport copies of the documents referred to in Sub-paragraphs 15.1, 15.2, and 15.5 of this Regulation, a flight plan and the following documents at least four working days before the commencement of the planned carriage by air:

24.1. the document of the competent authority of the registration country of the carrier, in which a request to allow the carrier of this country to conduct carriage by air on a specific route between the Republic of Latvia and the relevant state is expressed;

24.2. an internationally publicly legally binding certification of the registration country of the carrier and the country to which the carrier wants to conduct non-scheduled carriage by air that the relevant countries guarantee the carriers registered in the Republic of Latvia the right to conduct non-scheduled carriage by air on an equivalent route.

[27 September 2016]

25. If all the documents indicated in Paragraph 24 of this Regulation have been submitted and the carriers registered in the Republic of Latvia, upon a request of the Ministry of Transport, have confirmed in writing that they refuse to conduct the carriage by air planned by the carrier in question on the relevant route on the days specified in the flight plan, the Ministry of Transport shall issue the permit for non-scheduled carriage by air to the relevant carrier within two working days. If shortcomings are found in the submitted documents, the Ministry of Transport shall request in writing to eliminate them until the commencement of the planned flights. If the found shortcomings are not eliminated within the aforementioned time period, the permit shall not be issued.

26. If the carrier referred to in this Chapter provides air taxi services, the application shall be submitted to the Ministry of Transport at least three working days before the commencement of the planned non-scheduled carriage by air. Within the meaning of this Chapter, air taxi services are non-scheduled carriage of passengers with an aircraft intended for the carriage of not more than 10 passengers, and non-scheduled commercial carriage of cargo with an aircraft, the lifting capacity of which does not exceed 5700 kilograms.

27. The permit for non-scheduled carriage by air referred to in this Chapter shall be in effect for 24 hours, counting from the planned time of landing at an airport of the Republic of Latvia or the planned departure time from an airport of the Republic of Latvia.

28. The permits for non-scheduled carriage by air referred to in this Chapter shall not be issued, and the issued permits shall be suspended depending on the nature and duration of the threat for an objective time period, or revoked, if there are reasonable concerns that the conducting of the particular carriage by air does not conform to the interests of national security.

29. The Cabinet Regulation No. 218 of 21 January 2006, Regulations Regarding Carriage by Air of Passengers, Baggage and Cargo (Latvijas Vēstnesis, 2006, No. 53), is repealed.

Prime Minister V. Dombrovskis

Minister for Transport K. Gerhards

 


Translation © 2018 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Noteikumi par pasažieru, bagāžas un kravas gaisa pārvadājumiem Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 280Adoption: 23.03.2010.Entry into force: 27.03.2010.Publication: Latvijas Vēstnesis, 49, 26.03.2010.
Language:
LVEN
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