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Aviation Law in Cyprus

Cyprus Aviation Law

With a team of highly skilled and experienced Lawyers, we provide comprehensive legal services to clients in the aviation industry. Our law firm has a deep understanding of the complex regulations, contracts, and liability issues that arise in the field of aviation.

We work with airlines, manufacturers, airports, and other industry stakeholders to provide strategic and effective legal solutions.  Our goal is to help our clients navigate the legal challenges of the aviation industry and achieve their business objectives.

The Cyprus Civil Aviation Law

The Cyprus Civil Aviation Law governs the regulation of civil aviation activities within the Republic of Cyprus. The law establishes the legal framework for the operation of aircraft, safety standards, and the rights and responsibilities of the different stakeholders in the aviation sector, including airlines, airport operators, and passengers. The law is designed to ensure that air transportation is safe, secure, efficient and accessible to all citizens.

Civil Aviation Law No. 213(I)/2002

Civil Aviation Law No. 213(I)/2002, also known as the Cyprus Civil Aviation Law, is the primary legislation governing the regulation of civil aviation activities within the Republic of Cyprus. The law establishes the legal framework for the operation of aircraft, safety standards, and the rights and responsibilities of the different stakeholders in the aviation sector, including airlines, airport operators, and passengers.

Some of the key provisions of the law include:

  1. Licensing: The law requires that all airlines, airports, and other aviation-related entities obtain a valid license from the relevant authorities to operate within Cyprus.
  2. Safety standards: The law sets out the standards for aircraft maintenance, flight operations, and air traffic control, to ensure the safety and security of air transportation.
  3. Passengers’ rights: The law outlines the rights and obligations of passengers, including the right to compensation in the event of denied boarding, cancellations, and delays.
  4. Air traffic control: The law regulates the activities of air traffic controllers and sets out their responsibilities and duties, including the management of airspace and the coordination of aircraft movements.
  5. Aircraft registration: The law requires that all aircraft operating within Cyprus be registered with the relevant authorities and maintain a valid certificate of airworthiness.
  6. Environmental protection: The law includes provisions aimed at reducing the environmental impact of aviation, such as reducing emissions and noise pollution from aircraft operations.

Civil Aviation Law No. 213(I)/2002 is an important piece of legislation that plays a crucial role in promoting the development of the aviation sector and protecting the rights and interests of all stakeholders, including passengers, airlines, and airport operators. The law ensures that air transportation is safe, secure, efficient and accessible to all citizens.

Department of Civil Aviation

The Department of Civil Aviation (DCA) is a government agency responsible for the regulation and oversight of civil aviation activities within a country. The DCA is typically responsible for ensuring the safety and security of air transportation, setting and enforcing aviation standards, licensing airlines and airports, and regulating air traffic control.

The specific responsibilities of the DCA may vary depending on the jurisdiction, but typically include:

  1. Safety regulation: The DCA is responsible for establishing and enforcing safety standards for aircraft operations, maintenance, and air traffic control.
  2. Licensing: The DCA is responsible for granting and renewing licenses for airlines, airports, air traffic controllers, and other aviation-related entities.
  3. Airspace management: The DCA is responsible for managing the airspace and coordinating the movements of aircraft.
  4. Environmental protection: The DCA may play a role in reducing the environmental impact of aviation, such as reducing emissions and noise pollution from aircraft operations.
  5. Consumer protection: The DCA may also have a role in protecting the rights of passengers, including ensuring that airlines comply with laws and regulations related to denied boarding, cancellations, and delays.

The DCA is an important agency that plays a crucial role in ensuring the safety, security, and efficiency of air transportation. The DCA works closely with other government agencies, airlines, airport operators, and other stakeholders to promote the development of the aviation sector and protect the interests of all parties involved.

Key Treaties on International Air Carriage that Cyprus has Embodied

Cyprus has incorporated a number of key international treaties on international air carriage into its national legal framework, including:

  1. The Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention) of 1929: This treaty sets out the basic legal framework for international air carriage and establishes the rights and obligations of carriers and passengers.
  2. The Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention) of 1999: This treaty replaces the Warsaw Convention and updates the legal framework for international air carriage, including provisions related to liability, compensation, and passenger rights.
  3. The Convention on International Civil Aviation (Chicago Convention) of 1944: This treaty establishes the International Civil Aviation Organisation (ICAO) and sets out the rules and principles for international air navigation and the regulation of civil aviation.
  4. The European Agreement on the Carriage of Dangerous Goods by Road (ADR) of 1957: This treaty sets out the rules for the transportation of dangerous goods by road, including provisions related to labeling, packaging, and documentation.
  5. The Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo Convention) of 1963: This treaty establishes jurisdiction over criminal acts committed on board aircraft and sets out the procedures for dealing with such acts.

By incorporating these international treaties into its national legal framework, Cyprus is able to ensure that its aviation sector operates in accordance with the highest standards of safety and security, while also protecting the rights and interests of passengers, airlines, and other stakeholders.

Passenger Rights

In Cyprus, passenger rights are governed by a combination of international treaties, such as the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention) of 1999, and national laws and regulations.

Passenger rights in Cyprus include, but are not limited to:

  1. Denied Boarding: Passengers who are denied boarding due to overbooking or other reasons beyond their control are entitled to compensation, as well as assistance with finding alternative travel arrangements.
  2. Cancellations and Delays: Passengers have the right to be informed about flight cancellations or delays, and may be entitled to compensation in certain circumstances.
  3. Baggage: Passengers have the right to have their baggage transported securely and to be compensated in the event of loss or damage.
  4. Seating: Passengers have the right to be seated in a safe and comfortable manner, and to be provided with adequate legroom and other amenities.
  5. Assistance: Passengers with disabilities or other special needs have the right to receive assistance from airlines, including special seating and onboard accommodations.

It is important for passengers to be aware of their rights in Cyprus and to take steps to enforce them when necessary. Airlines are obligated to provide information to passengers about their rights, and to comply with the applicable laws and regulations in this area. Passengers may also seek assistance from the Cyprus Department of Civil Aviation or other relevant authorities if they believe that their rights have been violated.

Cyprus Aviation Law Lawyers

Regulation (EC) No. 1008/2008 in Cyprus

Regulation (EC) No. 1008/2008 is a European Union (EU) regulation that establishes a single market for air transport within the EU. This regulation applies to all airlines operating within the EU, including those based in Cyprus, and lays down the rules for the operation of air services, including licensing, safety, and consumer protection.

In Cyprus, the implementation of Regulation (EC) No. 1008/2008 is overseen by the Department of Civil Aviation, which is responsible for ensuring that all airlines operating within the country comply with the relevant provisions of the regulation. This includes, among other things, ensuring that airlines hold the necessary operating licenses and adhere to strict safety standards, as well as protecting the rights of passengers and other stakeholders.

Under Regulation (EC) No. 1008/2008, airlines are also required to provide passengers with information about their rights in the event of flight cancellations or delays, as well as compensation in certain circumstances. This regulation also provides for the harmonisation of air traffic control and air traffic management systems within the EU, which helps to ensure safe and efficient air travel for all passengers.

Regulation (EC) No. 1008/2008 plays an important role in promoting and protecting the rights of passengers traveling by air in Cyprus, as well as promoting the development of the country’s aviation sector. Airlines operating within the country are required to comply with the provisions of this regulation, and the Department of Civil Aviation is responsible for enforcing compliance and protecting the rights of passengers and other stakeholders.

Registration, Transfer and Deletion of an Aircraft in Cyprus

The registration, transfer, and deletion of an aircraft in Cyprus are governed by the provisions of the Cyprus Civil Aviation Law No. 213(I)/2002 and its associated regulations. The process for registering, transferring, and deleting an aircraft in Cyprus involves the following steps:

  1. Aircraft Registration: To register an aircraft in Cyprus, the owner must submit a completed registration application form, along with the necessary supporting documents, to the Department of Civil Aviation (DCA). The DCA will review the application and determine whether the aircraft meets the necessary safety and technical requirements. Once the aircraft has been registered, the DCA will issue a certificate of registration.
  2. Transfer of Ownership: To transfer the ownership of an aircraft registered in Cyprus, the new owner must provide the DCA with a bill of sale, a transfer declaration, and other relevant documents. The DCA will review the documents and update its records accordingly.
  3. Deletion of Aircraft: To delete an aircraft from the register, the owner must provide the DCA with a request for deletion, along with any supporting documents that may be required. The DCA will review the request and, if approved, delete the aircraft from its register.

Registration of an Aircraft in Cyprus

The process for registering an aircraft in Cyprus involves the following steps:

  1. Application: The owner of the aircraft must submit a completed registration application form, along with the necessary supporting documents, to the Department of Civil Aviation (DCA). The application form and supporting documents must be in accordance with the provisions of the Civil Aviation Law and its associated regulations.
  2. Review and Approval: The DCA will review the application and supporting documents to determine if the aircraft meets the necessary safety and technical requirements. If the DCA determines that the aircraft meets these requirements, it will approve the registration of the aircraft.
  3. Issuance of Certificate of Registration: Once the registration of the aircraft has been approved, the DCA will issue a certificate of registration for the aircraft. This certificate must be carried on board the aircraft at all times and must be produced upon request by the appropriate authorities.
  4. Marking of the Aircraft: The owner of the registered aircraft must ensure that the aircraft is marked with the registration mark assigned by the DCA, in accordance with the provisions of the Civil Aviation Law and its associated regulations.

The process of registering an aircraft in Cyprus can be complex, and the DCA may require additional information or documentation, depending on the specific circumstances of each case.

Section 11 of the Cyprus Civil Aviation Law

Section 11 of the Cyprus Civil Aviation Law No. 213(I)/2002 governs the establishment and maintenance of a civil aviation register in Cyprus. The main provisions of Section 11 of the Civil Aviation Law are as follows:

  1. Establishment of Register: The Department of Civil Aviation (DCA) is responsible for the establishment and maintenance of a civil aviation register in Cyprus.
  2. Information to be Included: The civil aviation register must contain the following information for each aircraft registered in Cyprus: name and address of the owner, type and serial number of the aircraft, and any other information as may be required by the DCA.
  3. Availability of Information: The information contained in the civil aviation register must be available for inspection by the public and must be published in accordance with the provisions of the Civil Aviation Law and its associated regulations.
  4. Maintenance of Register: The DCA must ensure that the civil aviation register is maintained and updated in accordance with the provisions of the Civil Aviation Law and its associated regulations.

The provisions of Section 11 of the Cyprus Civil Aviation Law are intended to ensure the maintenance of accurate and up-to-date records of the aircraft registered in Cyprus, and to make the information contained in these records available to the public. The DCA must ensure that the civil aviation register is maintained in accordance with the provisions of the Civil Aviation Law and its associated regulations.

Aeronautical Circular (AIC) No. C004/2020

Aeronautical Circular (AIC) No. C004/2020 is a circular issued by the Department of Civil Aviation (DCA) of Cyprus. The purpose of this circular is to provide guidance and clarification on the registration of aircraft in Cyprus.

AIC No. C004/2020 sets out the procedures and requirements for the registration of aircraft in Cyprus, including the application process, the information that must be submitted, and the documents that must be produced in support of the application.

The circular also provides guidance on the marking of aircraft, including the size and location of the registration marks, and the procedures for transferring the registration of an aircraft from one owner to another.

AIC No. C004/2020 is an important document for anyone who is involved in the registration of aircraft in Cyprus, as it sets out the rules and regulations that must be followed in order to ensure that the registration of the aircraft is carried out in accordance with the provisions of the Cyprus Civil Aviation Law No. 213(I)/2002 and its associated regulations.

Civil Aviation Fees Regulations No. 458/2004

The Civil Aviation Fees Regulations No. 458/2004 is a regulation issued by the government of Cyprus. This regulation sets out the fees that are payable to the Department of Civil Aviation (DCA) for various services related to civil aviation, including the registration of aircraft, the issuance of certificates and licenses, and the inspection of aircraft and aerodromes.

The fees outlined in the Civil Aviation Fees Regulations No. 458/2004 are based on the cost of providing the relevant services and are designed to recover the cost of operating and maintaining the civil aviation system in Cyprus. The fees are reviewed and updated periodically to reflect changes in the cost of providing the relevant services.

The fees outlined in the Civil Aviation Fees Regulations No. 458/2004 are mandatory and must be paid in accordance with the provisions of the regulation. The failure to pay the required fees can result in penalties, including the suspension or revocation of certificates and licenses, and the restriction or denial of access to services provided by the DCA.

The Civil Aviation Fees Regulations No. 458/2004 is a complex document that must be understood in the context of the provisions of the Cyprus Civil Aviation Law No. 213(I)/2002 and its associated regulations.

Aviation Services

Some of the aviation related services offered by Chambers & Co include:

  • Registrations, de-registrations, mortgages, leases and similar matters in the Cyprus aircraft registry.
  • Cyprus VAT Aircraft Leasing Scheme (VALS)
  • Advise and assistance on setting up of operation bases, air operator certificates and setting up of local entities.
  • Advice on regulatory, operational and commercial issues.
  • Advise on employment issues, both for flight and ground crew.
  • Advice and support in accidents and other type of incidents.
  • Advice and representation to owners and lessees on aircraft financing and leasing transactions.
  • Advise on aviation industry contracts such as with maintenance, repair, overhaul, ground handlers, airport and air navigation services providers.
  • Advise and assistance in preparation and execution of charters, wet and dry leasing agreements.

Cyprus Aviation Law

See how our lawyers can help you with matters relating to Aircraft Registration in Cyprus and Aviation Law.