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Structural Regulations

Chapter One
GENERAL PROVISIONS

Art. 1 (Amended - SG 29/2000, 77/2004)
The Regulations shall define the activity, structure, functions, work organization and staff number of The Directorate General Civil Aviation Administration (DG CAA).
Art. 2
(1) (Former text of art. 2 - SG 29/2000) The Directorate General Civil Aviation Administration shall be a legal entity on budgetary support at the Ministry of Transport with headquarters in Sofia, a secondary arranger with budgetary credits.
(2) (New - SG 29/2000, amended - 90/2001, 77/2004) For the performance of its functions the General Directorate Civil Aviation Administration shall have five regional structures at the airports for public use.
Art. 3 (Amended - SG 29/2000)
The Directorate General Civil Aviation Administration shall be an administration through which the authority of the Minister of Transport under art. 8, par. 1 of the Civil Aviation Act (CA Act) shall be realized.
Art. 4 (Amended and supplemented - SG 77/2004)
The Directorate General Civil Aviation Administration shall perform the functions of a civil aviation administration in correspondence with the international contracts in the field of civil aviation to which the Republic of Bulgaria is a party.
Art. 4a (New - SG 60/2006)
Directorate General Civil Aviation Administration is a national control authority with regard to the safe and effective operation of air navigation service providers.
Art. 5
The Directorate General Civil Aviation Administration shall have an emblem, dry and wet seal with inscription in the English language: "Republic of Bulgaria, Ministry of Transport, Civil Aviation Administration".

Chapter 2
STRUCTURE AND ACTIVITY

Art. 6
(1) (Amended - SG 29/2000, supplemented - 77/2004) The DG CAA shall be managed and represented by a Director General who shall, in performance of his authority, issue individual administrative acts and obligatory guidelines and orders in correspondence with active legislation.
(2) The Director General shall be appointed by and directly subordinate to the Minister of Transport.
(3) (Amended - SG 29/2000, 77/2004) The Director General shall realize his authority by:
1. organizing, managing, controlling and being responsible for the activity of the Directorate General, preparing analyses, proposing draft resolutions to the Minister of Transport;
2. reporting his work to the Minister of Transport and bearing responsibility for the duly collection of revenue and the expedient and lawful expenditure of budgetary resources;
3. controlling the observance of the CA Act and the sub-law normative acts by issuing obligatory guidelines in the cases stipulated by law;
4. organizing and participating in the development of normative acts in the field of civil aviation;
5. approving the DG CAA payroll schedule of positions and names;
6. approving the DG CAA staff job descriptions;
7. issuing orders connected with the professional and labor legal relations of DG CAA staff;
8. issuing licenses in the cases stipulated by the Civil Aviation Act;
9. issuing, organizing and controlling the issuance of permissions, permits, licenses, certificates and approvals in the cases stipulated by a law or by an international contract to which the Republic of Bulgaria is a party;
10. enforcing administrative punishments or compulsive administrative measures, terminating, suspending, revoking or limiting the rights stemming from the issued licenses, permissions, permits, certificates and approvals;
11. making a proposal to the Minister of Transport for amendment and supplementation of Tariff No. 5 for the fees being collected in the system of the Ministry of Transport, accepted with Ordinance No. 81 of the Council of Ministers from 2000;
12. participating in the development of international contracts in the sphere of civil aviation;
13. organizing and managing the incidents investigation activities;
14. entering into contracts connected with realization of the DG CAA activity;
15. proposing for approval the DG CAA budget and coordinating the programs for the necessary expenses for paying off received credits, for investment expenses for infrastructure development and for airport administration support;
16. having the ability to create temporary and permanent councils and committees;
17. (New - SG 60/2006) exercising control for the safe and effective operation of air navigation service providers providing services in the controlled airspace of the Republic of Bulgaria;
18. (New - SG 60/2006) monitoring compliance of air navigation service providers with the requirements under which their license has been issued;
19. (New - SG 60/2006) cooperating with national authorities monitoring other states for the purpose of ensuring monitoring of air navigation service providers providing services in the controlled airspace of the Republic of Bulgaria;
20. (Former 17 - SG 60/2006) performing other functions stipulated by law as well.
(4) (New - SG 29/2000, supplemented - 90/2001) In his absence the functions of the Director General shall be performed by a person or persons appointed with an order.
(5) (New - SG 77/2004) The Director General may authorize officials for the issuance, revocation or termination of permissions, licenses, certificates or approvals, as well as for the limitation and suspension of the rights under them.
Art. 7 (Amended and supplemented - SG 29/2000; amended - 90/2001, 64/2003, 77/2004)
(1) (Amended - SG 60/2006) The DG CAA activity shall be performed by general and specialized administration organized in four directorates which shall assist the Director General in the realization of his authority, technically secure his activity and perform citizens and legal entities administrative service activities.
(2) (Amended - SG 60/2006) The Directorate General Civil Aviation Administration shall have a total staff number of 86 payroll positions and shall have the following structure:
1. Director General;
2. Secretary General;
3. Financial-Administrative, Legal and Information Services Directorate;
4. Aviation Safety Directorate;
5. Airports, Aviation Security and Air Traffic Control Directorate;
6. European Integration, International Operations and Economic Regulation Directorate.
Art. 8 (Abolished - SG 29/2000)
Art. 9
(1) The DG CAA staff shall be appointed by the Director General of the DG CAA.
(2) (Amended - SG 77/2004) The rights and obligations of the DG CAA staff shall be defined by these Regulations and the corresponding legal and sub-law normative acts, as well as by the job descriptions approved by the Director General of the DG CAA.
Art. 10 The control activity of the DG CAA shall be realized by aviation inspectors in the meaning of the CA Act.
Art. 11
(1) (Amended - SG 77/2004) The activity of the DG CAA shall be realized in accordance with the requirements of the international agreements in the sphere of civil aviation to which the Republic of Bulgaria is a party, the CA Act and the sub-law normative acts connected with it and the acts of the Minister of Transport.
(2) (Amended - SG 77/2004) The competency of the DG CAA shall extend over:
1. the civil aviation and airspace of the Republic of Bulgaria including over its internal and territorial waters;
2. the civil aircraft registered in the Republic of Bulgaria and their crews;
3. all physical and legal entities performing activities in the sphere of civil aviation regulated by the Civil Aviation Act and the acts for its application, including abroad.

Chapter Three
(New - SG 20/2000)
GENERAL ADMINISTRATION


Art. 11a
(1) (Former text of art. 11a - SG 77/2004) The General Administration shall perform functions for securing the activity of the Director General of the DG CAA and of the Specialized Administration regarding:
1. legality;
2. technical securing;
3. (Amended - SG 60/2006) information and statistical service;
4. human resources;
5. safe work conditions;
6. secretarial service;
7. property management;
8. financial-economic securing;
9. (Abolished - SG 60/2006)
(2) (New - SG 77/2004; amended - SG 60/2006)) The General Administration shall be organized in the Financial-Administrative, Legal and Information Services Directorate.
Art. 11b (Abolished - SG 77/2004)
Art. 11c (Amended - SG 90/2001, abolished - 77/2004)


Chapter Four
(Former chapter three - SG 29/2000)
SPECIALIZED ADMINISTRATION
(Title amended - SG 29/2000)


Art. 12 (Amended - SG 60/2006)
(1) The Specialized Administration shall assist and ensure the realization of the DG CAA Director General's authority.
(2) The Specialized Administration shall be organized in the Aviation Safety Directorate, the Airports, Aviation Security and Air Traffic Control Directorate, and the European Integration, International Operations and Economic Regulation Directorate.
(3) The Aviation Safety Directorate shall:
1. prepare expert opinions, reports, analyses and recommendations on issues related to ensuring the required civil aviation safety level;
2. take part in the preparation of draft sub-law regulatory acts in the area of civil aviation, as well as of specifications, guidelines, rules and procedures;
3. perform the necessary activities in correspondence with the competency of the DG CAA related to the issuance of licenses, permissions, certificates and approvals;
4. control civil aviation and civil aircraft;
5. approve and monitor compliance with acts regulating the preparation, organization, performance and reporting of aviation activities, technological and technical documents, programs, plans, reports and analyses in accordance with the requirements of the Civil Aviation Act and the sub-law normative acts;
6. investigate incidents;
7. perform other functions assigned by the Director General.
(4) The Airports, Aviation Security and Air Traffic Control Directorate shall:
1. prepare draft expert opinions, reports, analyses and recommendations and shall take part in the preparation of draft sub-law regulatory acts on issues related to ensuring the required level of civil aviation safety;
2. control the physical and legal entities in connection with the security and safety of civil aviation;
3. control civil airports and flying grounds, aeronautical and other installations connected with civil aviation;
prepare draft sub-law normative acts in the sphere of civil aviation, as well as specifications, guidelines, rules and procedures;
4. perform the necessary activities in correspondence with the competency of the DG CAA connected with the issuance of licenses, permissions and certificates;
5. express opinion before the Director General regarding the publishing of information in the Aeronautical Information and Publication Book of the Republic of Bulgaria;
6. perform coordination between the institutions and legal entities in the area of civil aviation related to flight security and safety;
7. organize and perform activities for securing market access for ground service or self service operators in correspondence with the requirements of the CA Act and the sub-law normative acts;
8. maintain a unified database and issue identification cards and passes to physical and legal entities, as well as to motor vehicles for access to the security zones at civil airports for public use;
9. keep registers in the cases stipulated by law;
10. take part in inspections for the safe and effective operation of air navigation service providers providing services in the controlled airspace of the Republic of Bulgaria;
11. perform inspections and prepare opinions of the Director General related to the issuance of air navigation service licenses to air navigation service provider applicants for all air navigation service types;
12. take part in inspections of air navigation service providers for compliance with the requirements under which their license has been issued;
13. prepare opinions to the Director General related to the recognition of air navigation service licenses issued by foreign national authorities controlling and ensuring air navigation services;
14. prepare motivated proposals for partial delegation of the functions for inspection and control of air navigation services providers of foreign national control authorities;
15. prepare annual reports for the activity of the Directorate General Civil Aviation Administration as a national control authority;
16. make motivated proposals to the Director General for withdrawing air navigation service licenses;
17. prepare draft normative acts related to the safe and effective operation of air navigation service providers;
18. perform other functions assigned by the Director General.
(5) The European Integration, International Operation and Economic Regulation Directorate shall:
1. organize and carry out the activities of the DG CAA related to the performance of obligations originating from international contracts to which the Republic of Bulgaria is a party and from its membership in civil aviation organizations;
2. coordinate the specific fulfillment by the DG CAA of the obligations originating from agreements with the European Union and the membership of the Republic of Bulgaria in specialized international organizations;
3. prepare draft sub-law regulatory acts, expert opinions, reports, analyses and recommendations on issues related to monitoring the financial stability of entities performing civil aviation activities;
4. control the physical and legal entities in connection with security and the economical aspects of civil aviation safety;
5. perform the necessary activities in correspondence with the competency of the DG CAA connected with the issuance of licenses, permissions and certificates;
6. organize and perform activities for securing market access for air carriers;
7. protect the economic and business interests of Bulgarian consumers and airline operators regarding the practice and policy of applying unilateral limiting business or economic actions, and in doing so, if necessary, shall make proposals to the Minister of Transport for introducing the appropriate measures in each specific case;
8. prepare proposals to the Minister of Transport for concluding, joining, ratifying, denouncing or amending international civil aviation contracts and for membership and participation in specialized international organizations and initiatives;
9. issue flight permissions in accordance with the CA Act and the sub-law regulatory acts on its application;
10. maintain and develop the quality management system at the DG CAA;
11. organize and coordinate the development, modernization and application of quality procedures at the DG CAA;
12. perform other functions assigned by the Director General.
Art. 13 (Abolished - SG 77/2004)
Art. 14 (Abolished - SG 77/2004)
Art. 15 (Abolished - SG 77/2004)
Art. 16 (Amended - SG 77/2004)
The Directorate General Civil Aviation Administration shall coordinate, prepare and propose for approval to the Minister of Transport:
1. normative acts, norms, rules and procedures in the sphere of civil aviation;
2. airport administration functions assignment to an airport operator;
3. propositions for admission of foreigners to work in civil aviation;
4. propositions for permitting parachute jumps and cargo parachute drops from aircraft located in airport or airway regions or above populated areas;
5. propositions in connection with the issuance of permits for construction of buildings, installations, water basins, dung-hills, aboveground power lines, pit holes and other similar sites in the sufferance zones and the airport influence zones.
Art. 17
The Directorate General Civil Aviation Administration together with other competent institutions shall:
1. coordinate the country's airspace use;
2. coordinate the use of the radio technical means for air traffic and radio frequency resource service;
3. (Amended - SG 77/2004) participate in the search and rescue activities;
4. (Amended - SG 77/2004) coordinate the designs for construction and reconstruction of buildings, installations and other construction works on airport territory, based on the adopted general design;
5. (Abolished - SG 77/2004);
6. (Abolished - SG 77/2004);
7. develop, update and control the performance of the national civil aviation security program, control the performance of crisis situation action plans;
8. give evaluation of the threat level from illegal activities and violations against civil aviation, indicate and propose adequate security measures;
9. secure the reliable functioning of the admission system at airports and other civil aviation sites;
10. (Amended - SG 77/2004) organize and control the application of the requirements for procedure simplification in passenger service and aircraft, luggage, cargo and mail processing and service.


Chapter Five
CONTROL FUNCTIONS


Art. 18 (Amended - SG 77/2004)
The Directorate General Civil Aviation Administration shall control civil aviation, civil airports and flying grounds, civil aircraft, aeronautical and other installations connected with civil aviation on the territory of the country, regardless of their ownership, as for the purpose it shall control:
1. the observance of civil aviation safety and security normative acts, standards and rules;
2. the aircraft airworthiness on the ground and in the air, perform basic, periodic and extraordinary technical inspections and checkups;
3. the performance of state obligations in the service and securing of air traffic;
4. the operational fitness of civil airports, flying grounds and navigation installations, as well as of the systems and installations for passenger service, service and securing of aircraft, loading and unloading of luggage and cargo;
5. the performance of state obligations regarding the search and rescue system, as well as the observance of normative acts and plans for emergency-rescue securing of flights in the airports responsibility regions;
6. the observance of technologies under the issued ground service and self service operator licenses with regard to achieving flight security and illegal intervention acts prevention;
7. the reliable functioning of the admission system at airports and other civil aviation sites;
8. the observance of the requirements for aviation medical certification of the aviation staff.
Art. 19 (Amended - SG 77/2004)
The Directorate General Civil Aviation Administration shall control the observance of normative acts in the selection, preparation and qualification enhancement of the aviation staff by:
1. approving the training programs of the aviation training centers;
2. coordinating the training programs of the higher aviation staff preparation course;
3. defining the positions connected with flight safety and aircraft airworthiness maintenance, which can be held only by persons with aviation education;
4. (Amended - SG 77/2004) issuing, reissuing, replacing, substituting and revoking aviation staff licenses, as well as entering, confirming, restoring and erasing qualification ratings in the licenses;
5. (Abolished - SG 77/2004);
6. (Abolished - SG 77/2004).


Chapter Six
(Former Chapter Five - SG 29/2000)
AVIATION INSPECTORS


Art. 20
(1) (Amended - SG 77/2004) Aviation Inspectors shall be the persons appointed with an order of the Director General of the DG CAA, authorized with the right to control the observance of the CA Act and the normative acts issued based on it.
(2) The Director General of the DG CAA shall define the control activities scope of the payroll and non-payroll Aviation Inspectors considering their professional competency, qualification and experience.
(3) The Aviation Inspectors shall have a personal seal with their own number which may be used only in performance of their professional duties.
(4) The Aviation Inspectors shall have an inspector card in which the scope of their control activity shall be indicated. The card shall be issued by the Director General of the DG CAA and shall be certified with signature and seal for each following year before 31 December of the preceding one.
Art. 21 (Amended - SG 77/2004)
The Director General of the DG CAA shall approve an annual schedule of flight-methodical, technical and technological inspections.
Art. 22 (Amended - SG 77/2004)
In correspondence with the scope of their control activity the Aviation Inspectors shall have the right to:
1. free access to the entities and sites controlled by them, for the performance of aviation security and safety inspections;
2. require from the respective officials the necessary data, information, explanations, operative and other information, including for staff capacity, as well as any other information connected with observance of legislation in the sphere of civil aviation;
3. draw up statements for administrative violations under this law;
4. give obligatory written guidelines for securing the observance of the normative acts in the sphere of aviation and guaranteeing civil aviation security and safety, with which they shall prescribe elimination of established violations connected with safety, within a defined period;
5. make propositions for suspension, termination, revocation and limitation of the rights under the issued licenses, permissions, certificates and approvals.
(2) The Aviation Inspectors shall be obliged to:
1. draw up findings protocols for the inspections results to which they shall attach the collected evidence;
2. participate in aviation incidents investigation if they are included in the respective commission;
3. inspect the correspondence with the requirements of the CA Act of flight safety and security documents issued by physical and legal entities, connected with:
a) flight and technical operation of aircraft, airports, flying grounds and airport installations and equipment;
b) the technical operation of flight management and control equipment;
4. maintain and improve their preparation and qualification.
Art. 23
(1) (Amended - SG 62/2000) In exercising their control rights over the observance of the Civil Aviation Act and the normative acts issued based on it the Aviation Inspectors shall issue written guidelines which shall contain recommendations to the inspected subjects.
(2) For the established administrative violations of the CA Act, the regulations and orders for its application the Aviation Inspectors shall draw up statements based on which the Director General shall issue punitive ordinances in the order of the Administrative Violations and Penalties Act.
Chapter Seven
(New - SG 29/2000)
DIRECTORATE GENERAL CIVIL AVIATION ADMINISTRATION WORK ORGANIZATION
Art. 24
(1) (New - SG 77/2004) The administrative management of the DG CAA shall be realized by a Secretary General appointed by the Director General, who shall:
1. realize the administrative management in performance of the Director General's legal orders;
2. manage, coordinate and control the functioning of the DG CAA for accurate observance of the normative acts;
(2) (Supplemented - SG 90/2001, amended - 64/2003, former par. 1 - 77/2004) The management of the directorates shall be realized by directors and the direct management of the departments shall be realized by their managers who shall bear responsibility for the accurate and duly performance of the concrete tasks in the realization of their functions.
(3) (Supplemented - SG 90/2001, amended - 64/2003, former par. 2 - 77/2004) The directors and department managers shall:
1. give obligatory guidelines within their competency;
2. allocate the work and duties among the staff in the directorates and the departments;
3. prepare propositions to the Director General of the Directorate General regarding staff selection and allocation, qualification enhancement, staff encouragement and penalty enforcement.
Art. 25
The Director General of the DG CAA shall define with an order the concrete functional characteristics for each unit and job descriptions for the staff.


Chapter Eight
(New - SG 29/2000)
STAFF


Art. 26
(1) Persons under labor contract and professional legal relations shall work at the Directorate General.
(2) The working hours of the Directorate General shall be from 9 AM to 5:30 PM with a lunch break from 12:30 PM to 1 PM.
Art. 27 (Amended - SG 77/2004)
(1) For exemplary performance of professional duties staff members may be rewarded with distinctions and rewards with an order of the Director General or an official authorized by him.
(2) The distinctions shall be:
1. diploma;
2. silver honorary sign of the DG CAA;
3. golden honorary sign of the DG CAA;.
(3) The rewards shall be monetary and material.
(4) The value of the monetary or material reward may not exceed the amount of the base work salary for the position occupied by the rewarded person.
(5) Upon his discretion the Director General may at the same time reward with a distinction and with a material reward.
Art. 28
(1) Non-payroll assistants may be enrolled for the performance of particular tasks connected with the activity of the Directorate General.
(2) The rights and obligations of the persons under par. 1 shall be defined by the Director General in the act of their enrollment and in the contract signed with them.


ADDITIONAL ORDERS


§ 1. The airline operators shall be obliged to include Aviation Inspectors in the flight assignments, for the performance of control inspections, as the business trip expenses shall be covered by the DG CAA.
§ 2. In performance of their flight schedules the airline operators shall be obliged to include Aviation Inspectors in the flight crew composition, in correspondence with their qualification, as the business trip expenses shall be covered by the operator.
§ 3. (New - SG 62/2000) In performance of the flight tasks from the flight schedules of the airline operators the Aviation Inspectors shall also perform specific functions with additional duties expressed in direct control over the safe aircraft operation.
§ 4. (Former § 3 - SG 62/2000, amended - 77/2004) All airline operators, air carriers, airport operators, ground service operators, State Company Air Traffic Control (ATC), legal and physical entities, licensed or applying for license for the performance of activities connected with civil aviation, as well as the individual officials participating in the realization of an activity connected with civil aviation shall be obliged to assist in any way the DG CAA and the Aviation Inspectors in the performance of their professional duties.
§ 5. (Former § 4 - SG 62/2000) In performance of their professional duties the DG CAA staff shall wear a uniform the term and appearance of which shall be defined with an order of the Director General of the DG CAA.
§ 6. (Former § 5 - SG 62/2000) The DG CAA staff shall be necessarily insured against accidents and death in performance of their professional duties.
§ 7. (Former § 6 - SG 62/2000) The financing the reporting of the DG CAA activity shall be carried out in correspondence with art. 122c of the CA Act, the sub-law normative acts connected with it and the normative organization active in the country.
CONCLUSIVE ORDERS
§ 8. (New - SG 29/2000, former § 7 - 62/2000) Everywhere in the text of the Regulations the words "Director General" shall be replaced by "Manager".
§ 9. (New - SG 29/2000, former § 8 - 62/2000) Everywhere in the text of the Regulations the words "Ministry of Transport" shall be replaced by "Ministry of Transport" and the words "Minister of Transport" shall be replaced by "Minister of Transport".
§ 10. (Former § 7 - SG 29/2000, former § 9 - 62/2000) These Regulations shall be issued based on art. 6, par. 3 of the Civil Aviation Act and shall abolish the Regulations for the Organization and Activity of the Civil Aviation Administration at the Ministry of Transport (SG 54/1996).


REGULATIONS
for Amendment and Supplementation of the
ORGANIZATIONAL REGULATIONS
of
The Directorate General Civil Aviation Administration
(SG 90/2001)
.........................................................................
§ 11. Everywhere in the Regulations "State Company" shall be added before the words "ATC".
§ 12. Everywhere in the Regulations the words in brackets "(Director General)" shall be added after the words "Manager".
REGULATIONS
for Amendment and Supplementation of the
ORGANIZATIONAL REGULATIONS
of
The Directorate General Civil Aviation Administration
(SG 77/2004, enacted 7 Sep. 2004)
.........................................................................

 

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