New Rules for Aircraft Noise Certification
On 10 July 2012 the Ministry of Infrastructure of Ukraine passed its resolution No. 401 (the "Resolution"), effective from 23 August 2012, which introduced the following essential changes in the procedure of aircraft noise certification:
- the aircraft noise certificate (the "Noise Certificate") shall be now issued for an indefinite period of time while prior to adoption of the Resolution the Noise Certificates were issued for 3 years;
- the application for issuance of the Noise Certificate (the "Noise Certificate Application") can be submitted to the State Aviation Administration of Ukraine (the "SAAU") by either the aircraft's owner or the operator while previously such application could be filed only by the operator;
- upon removal of the aircraft from the civil aircraft register maintained by the SAAU the Noise Certificate becomes invalid and must be returned to the SAAU by the aircraft's owner or operator, as applicable, within 3 calendar days;
- the Noise Certificate Application must be sealed and submitted on the applicant's letterhead, if the applicant is a legal entity, but the Resolution does not address a situation when the applicant is a non-resident company not having a corporate seal, because it is not required by applicable foreign law;
- electronic (by email) submission of documents for issuance of the Noise Certificate has been abolished;
- timing for review of the Noise Certificate Application and supporting documents by the SAAU has been increased from 5 to 20 calendar days; and
- the requirement to submit the aircraft data card together with the Noise Certificate Application has been abolished.
Adoption of the Resolution does not affect validity of the Noise Certificates issued before 23 August 2012.
For further information please contact senior partner Armen Khachaturyan
and associate Oleksiy Demyanenko