Republic of Latvia Cabinet Regulation No. 195 Adopted 1 April 2021

Regulations Regarding Submitting, Accepting, and Revoking IDERA and De-registration of Aircraft from the Register

Issued pursuant to
Section 13, Paragraph four of the law On Aviation

I. General Provision

1. The Regulation prescribes:

1.1. the procedures for submitting, accepting, and revoking an irrevocable request authorisation for the de-registration of an aircraft from the Civil Aviation Aircraft Register of the Republic of Latvia (hereinafter - the Register) and for its export (hereinafter - the IDERA) which has been issued by a private person;

1.2. the requirements and procedures for de-registering the aircraft indicated in the IDERA from the Register.

II. Submission and Acceptance of the IDERA

2. The interested person shall submit the IDERA to the Civil Aviation Agency (hereinafter - the Agency). The Agency shall, within five working days, make an entry in the Register regarding acceptance of the IDERA, provided that all of the following conditions are concurrently met:

2.1. the IDERA has been submitted in writing and it has been drawn up in accordance with the Protocol to the Convention on International Interests in Mobile Equipment of 16 November 2001 on Matters Specific to Aircraft Equipment;

2.2. the IDERA clearly identifies an aircraft that has been registered or is to be registered in the Register;

2.3. the IDERA has been signed by a party duly authorised for this purpose.

3. The Agency shall notify the person who has issued the IDERA, the person in whose favour the IDERA has been issued, and the certified designee of the acceptance of the IDERA and the entry made in the Register if a request from any of the abovementioned persons has been received.

4. The Agency shall refuse the acceptance of the IDERA and the making of a relevant entry in the Register if it applies to an aircraft registered in the Register which has another valid IDERA.

III. Certified Designee

5. The certified designee is a legal or natural person who, in accordance with the requirements referred to in Annex 1 to this Regulation, has been indicated in the designation application as the certified designee by the person in whose favour the IDERA has been issued.

6. The Agency shall accept and, within five working days, register the designation application, provided that all of the following conditions are concurrently met:

6.1. the designation application has been submitted in writing and it contains the information referred to in Annex 1 to this Regulation;

6.2. the designation application clearly identifies an IDERA registered or to be registered;

6.3. no other designation application has been accepted in relation to the IDERA regarding which the designation application has been submitted;

6.4. the designation application has been signed by a party duly authorised for this purpose.

7. The Agency shall notify the person in whose favour the IDERA has been issued and the certified designee of the registration of the designation application if a request from any of the abovementioned persons has been received.

IV. Revoking the IDERA or Certified Designee

8. The Agency shall accept an application for revoking the IDERA or certified designee and, within five working days, make an entry in the Register on the revocation of the IDERA or certified designee, provided that all of the following conditions are concurrently met:

8.1. the application has been submitted in writing and it contains the information referred to in Annex 2 to this Regulation;

8.2. the application clearly identifies the IDERA or certified designee indicated for the aircraft in the Register;

8.3. the application has been signed by a party duly authorised for this purpose.

9. The Agency shall notify the person who has issued the IDERA, the person in whose favour the IDERA has been issued, and the certified designee of the application for revoking the IDERA or certified designee if a request from any of the abovementioned persons has been received.

10. The validity of the IDERA shall not be affected by the application related thereto for the revocation of the certified designee.

V. Exercising the Rights Specified in the IDERA

11. The interested person shall submit and the Agency shall accept a de-registration and export request and shall, within five working days, de-register the aircraft and perform all the activities within the competence thereof for promoting export of the aircraft, engines related to aircraft, and aircraft objects, provided that all of the following conditions are concurrently met:

11.1. the de-registration and export request has been submitted in writing and it has been drawn up in accordance with the requirements referred to in Annex 3 to this Regulation;

11.2. the de-registration and export request clearly identifies the IDERA regarding which an entry has been made in the Register;

11.3. the de-registration and export request has been signed by a party duly authorised for this purpose who certifies that all registered interests ranking in priority to that of the person in whose favour the authorisation has been issued have been discharged or that all the holders of such interests have consented to the de-registration of such aircraft, and also to export of the aircraft and engines related to the aircraft (if applicable);

11.4. the interested person has submitted a document to the Agency which certifies the payment for the de-registration of an aircraft according to the price list of the paid services provided by the Agency.

12. If, in accordance with Paragraph 8 of this Regulation, the Agency has received an application and has made an entry in the Register regarding the revocation of the IDERA or certified designee, the Agency shall refuse the de-registration and export of the aircraft related to the revoked IDERA or shall not fulfil the request of the relevant certified designee.

13. For performing the activities referred to in Paragraph 11 of this Regulation, the Agency need not obtain the consent of the person who has submitted the application for the registration of aircraft, the consent or approval of a creditor or any other person, any approval, ruling, or order of a court, a holder of the Commercial Pledge Register or another register or institution, and also need not assess any external circumstances or apply any additional conditions.

14. The de-registration and export request is accepted and fulfilled in accordance with Paragraph 11 of this Regulation also if the manufacturer's serial number of the engine installed on the aircraft does not conform to that referred to in the IDERA at the moment of submitting the relevant request. The Agency shall perform the activities referred to in Paragraph 11 of this Regulation regardless of whether the aircraft and the engine intended thereto is in the possession of the person in whose favour the IDERA has been issued or in the possession of the certified designee, and regardless of whether the abovementioned engine has been installed on an aircraft.

15. Following the de-registration of an aircraft, the Agency shall issue the certification on de-registration of an aircraft to the person in whose favour the IDERA has been issued in accordance with Annex 6 to Cabinet Regulation No. 200 of 14 March 2006, Regulations Regarding the Registration of Civil Aviation Aircraft and the Procedures for Placing a Nationality Mark and Registration Mark on Aircraft, and a relevant notification shall be sent to the aircraft operator.

16. The Agency and other authorities shall, according to their competence, cooperate with the authorised party in order to ensure the rights specified in the IDERA for the authorised party.

17. Following acceptance of the de-registration and export request and the performance of the activities referred to in Paragraph 15 of this Regulation, the person in whose favour the IDERA has been issued shall ensure in a timely manner that the following activities are performed:

17.1. the nationality mark and registration mark of the Republic of Latvia has been removed from the aircraft or has been covered;

17.2. the original aircraft registration certificate and the original airworthiness certificate have been returned to the Agency;

17.3. the aircraft mode S address code has been removed so that it no longer indicates that this aircraft is registered in the Republic of Latvia.

18. It is permitted to de-register and export the aircraft also if the activities referred to in Sub-paragraphs 17.1, 17.2, and 17.3 of this Regulation have not been performed.

19. The aircraft may not be operated after de-registration of the aircraft and sending of the notification referred to in Paragraph 15 of this Regulation to the aircraft operator.

20. The de-registration and export request is accepted and registered in accordance with the procedures laid down in Paragraphs 11 and 12 of this Regulation also if the manufacturer's serial number of the engine installed on the aircraft does not conform to that referred to in the IDERA at the moment of submitting the relevant request.

21. The aircraft regarding which an entry has been made in the Register on the acceptance of the IDERA may not be de-registered based on the request of a person who has not issued the IDERA or in whose favour the IDERA has not been issued, or who is not a certified designee, except for the case when the relevant IDERA is revoked.

22. The requests, applications, and IDERA provided for in the fulfilment of this Regulation shall be drawn up by the interested persons in writing in two copies or electronically if the document has been signed with a secure electronic signature and sent to the Agency in the official language or in the language which is found acceptable by the Agency and is used in the field of international civil aviation.

Prime Minister A. K. Kariņš

Minister for Transport T. Linkaits

 

Annex 1
Cabinet Regulation No. 195
1 April 2021

DESIGNATION APPLICATION

____ __________ 20_____

to the State agency Civil Aviation Agency

Regarding the certified designee in relation to the IDERA of ____ __________ 20_____ which has been issued regarding the aircraft (manufacturer's serial number ___________, model No. ___________, registration mark ___________) by the owner/operator (underline as appropriate) ___________________________

The undersigned is the person in whose favour the IDERA has been issued (this and other concepts referred to in the IDERA have the meaning assigned by the IDERA).

In accordance with Chapter III of Cabinet Regulation No. 195 of 1 April 2021, Regulations Regarding Submitting, Accepting, and Revoking IDERA and De-registration of Aircraft from the Register, the undersigned shall, immediately and until the certified designee is revoked in accordance with Chapter IV of the abovementioned Regulation, appoint

(for a legal person - the name and registration number, for a natural person - the given name, surname, personal identity number or passport data)

for performing the activities referred to in Chapter V of the Regulation.

Person in whose favour the IDERA has been issued
		(position, given name, surname)		(signature*)

Agreed to and lodged this
	(date*)

Note. * The details of the document "signature" and "date" need not be completed if the document has been drawn up in accordance with the laws and regulations regarding drawing up of electronic documents.

Minister for Transport T. Linkaits

 

Annex 2
Cabinet Regulation No. 195
1 April 2021

APPLICATION FOR REVOKING THE IDERA/CERTIFIED DESIGNEE

____ __________ 20_____

to the State agency Civil Aviation Agency

Regarding the revocation of the IDERA of ____ __________ 20_____ which has been issued regarding the aircraft (manufacturer's serial number ___________, model No. ___________, registration mark ___________) by the owner/operator (underline as appropriate) ___________________________/certified designee (underline as appropriate)

The undersigned is the person in whose favour the IDERA has been issued/the certified designee (underline as appropriate) (this and other concepts referred to in the IDERA have the meaning assigned by the IDERA).

In accordance with Chapter IV of Cabinet Regulation No. 195 of 1 April 2021, Regulations Regarding Submitting, Accepting, and Revoking IDERA and De-registration of Aircraft from the Register, the undersigned shall immediately revoke the authorisation/certified designee (underline as appropriate).

Person in whose favour the IDERA has been issued/the certified designee if the certified designee signs the application for revoking himself or herself from the status of the certified designee
	(name)

Agreed to and lodged this
	(date*)

(position, given name, surname)		(signature*)

Note. * The details of the document "signature" and "date" need not be completed if the document has been drawn up in accordance with the laws and regulations regarding drawing up of electronic documents.

Minister for Transport T. Linkaits

 

Annex 3
Cabinet Regulation No. 195
1 April 2021

DE-REGISTRATION AND EXPORT REQUEST

____ __________ 20_____

to the State agency Civil Aviation Agency

Regarding the IDERA of ____ __________ 20_____ which has been issued regarding the aircraft (manufacturer's serial number ___________, model No. ___________, registration mark ___________) by the owner/operator (underline as appropriate) ___________________________

Related engines (if applicable):

manufacturer's serial number ___________, model No. ___________

The undersigned is the person in whose favour the IDERA has been issued/the certified designee (underline as appropriate) (this and other concepts referred to in the IDERA have the meaning assigned by the IDERA).

The undersigned certifies that all registered interests ranking in priority to that of the person in whose favour the authorisation has been issued have been discharged or that all the holders of such interests have consented to the de-registration of such aircraft, and also to the export of aircraft and engines related to aircraft (if applicable).

In accordance with Paragraphs 11, 12, 13, 14, and 15 of Cabinet Regulation No. 195 of 1 April 2021, Regulations Regarding Submitting, Accepting, and Revoking IDERA and De-registration of Aircraft from the Register, the undersigned shall ask to perform the following activities as soon as possible but not later than within five working days (mark as appropriate):

1) de-register the aircraft from the Register and immediately notify __________________________ (the country where it is planned to register the aircraft) institutions thereof;

2) for the State agency Civil Aviation Agency and other competent institutions of the Republic of Latvia whose competence includes export of the aircraft and the related engine from the Republic of Latvia to cooperate in exporting of the aircraft.

The person in whose favour the IDERA has been issued/the certified designee
		(name)

Agreed to and lodged this
	(date*)

(position, given name, surname)			(signature*)

Note. * The details of the document "signature" and "date" need not be completed if the document has been drawn up in accordance with the laws and regulations regarding drawing up of electronic documents.

Minister for Transport T. Linkaits

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Translation © 2021 Valsts valodas centrs (State Language Centre)