September 2019 – During the summer 2019 the Cabinet of Ministers and State Aviation Service (SAS) of Ukraine adopted several important bylaws further harmonising Ukrainian legislation with European Union Aviation Safety Agency (EASA) standards and, in certain cases, responding to market pressure. Our Aviation Sector team had analysed the main developments, which are summarised below.
Changes in aviation insurance
On 14 September 2019, the Cabinet of Ministers amended the Procedures and Rules for Mandatory Civil Aviation Insurance approved by its own Resolution No. 676 dated 6 September 2019. The government succumbed to pressure from the main market players, who were clearly dissatisfied with the original version of the document, claiming it took a pro-insurer stance. Primarily, small airports and ground-handling providers with no stable customer base protested against high insurance limits denominated in foreign currency. As a result of the change, insurance limits were decreased in many cases and denominated in Hryvnya, Ukraine's national currency. Other smaller amendments securing the rights of the insured in case of the occurrence of an insured event were also implemented. The amendments discussed and stipulated by Cabinet Resolution No.725 dated 14 August 2019 will take effect on 20 September 2019.
New air traffic service rules
On 16 April 2019, SAS adopted Order No. 475, which implemented a new set of Air Traffic Services (ATS) rules. The document aims to harmonise Ukraine's ATS system with the recently adopted Regulations for the Use of Ukrainian Airspace and the Air Code of Ukraine as well as the Standards and Recommended Practices (SARPs) of the International Civil Aviation Organization (ICAO) and Eurocontrol documents. It became a key guiding document for air traffic controllers at UkSATSE, the national air navigation system provider, as well as among airport operators.
New rules for the supply of aeronautical information
On 13 May 2019, SAS adopted Order No. 582 approving Aviation Rules of Ukraine in relation to Aeronautical Information Services/Management, which replaces a similar document from 2004. The new Rules set up an aeronautical information service management system, which clearly defines the mutual rights and obligations of the Aeronautical Information Service authority, providers, suppliers, originators and users. It aims to harmonise Ukraine's AIS system with ICAO standards and requires all information to comply with Eurocontrol requirements.
Increased co-operation between SAS and law enforcement
On 26 June 2019, the Cabinet of Ministers of Ukraine adopted Regulation No. 550 approving Procedures for Cooperation between SAS and Law Enforcement Authorities on Aviation Security. The document sets up mutual obligations of the state authorities to exchange critical information and to assist each other during an investigation of air law violations. SAS is likely to use the investigative potential of law enforcement authorities in order to effectively prosecute violations committed by the general public, such as UAV (drone) use in restricted areas, and to impose the relevant fines on violators.
New aviation security manuals in Ukrainian airports
On 15 March 2019, SAS adopted Order No. 322 approving the Manual for Aviation Security Organisation and Control in Ukrainian Airports. Airport operators will have to amend their respective Security Manuals according to the document. Among other requirements, the Manual requires the personnel of all airport operators and service providers to pass basic first aid training, including the use of automatic defibrillators.
New rules for continued airworthiness
On 30 June 2019, a set of Aviation Rules—"Continuing Airworthiness of Aircraft and Aeronautical Products, Parts and Appliances, and on the Approval of Organisations and Personnel Involved in These Tasks,"—as approved by SAS (Order No. 286 dated 6 March 2019) became effective. The document is the Ukrainian implementation of Commission Regulation (EU) No 1321/2014. Among other important changes, aircraft operators are now required to employ Continuing Airworthiness Management Organisations to evaluate their aircraft performance.
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