BILATERAL SCREENING MEETING Examination of the Preparedness of Serbia in the field of Chapter 14 Transport Policy Insurance requirements

Transcription

1 Republic of Serbia BILATERAL SCREENING MEETING Examination of the Preparedness of Serbia in the field of Chapter 14 Transport Policy Insurance requirements Brussels, February

2 AIR TRANSPORT - INSURANCE EU - Regulation (EC) 785/2004 on insurance requirements for air carriers and aircraft operators and its amendment Regulation (EC) 285/2010 REPUBLIC OF SERBIA - Law on Compulsory Traffic Insurance - Decree on the Minimum Sum Insured and/or Insurance Sum in Compulsory Traffic Insurance 2

3 AIR TRANSPORT - INSURANCE The objective of the relevant legislation of RS* is to establish minimum insurance requirements in air transport in respect of passengers, baggage, cargo and third parties. *Republic of Serbia 3

4 Aircraft passenger and third-party liability insurance for aircraft owners (4.1) The owner shall also include any user or other person registered as the owner of the means of transport in accordance with law Insurance against liability for damage caused to third parties shall cover the damages to third persons made by the means of transport, regardless of who was in the driver's seat 4

5 The third party - any person, other than passengers and flight and cabin crew of the aircraft on duty during the flight (3.h) The passenger - any person travelling in the aircraft, with the consent of the aircraft owner, other than flight and cabin crew of the aircraft on duty during the flight (3.g) The insurance shall cover damages to cargo and luggage as well (need not cover damages to cargo and luggage if the aircraft is not used for commercial purposes) (4.1) 5

6 The insurance shall cover damages caused by war and terrorism, aircraft hijacking, sabotage, unlawful seizure of an aircraft and civil commotion (aircraft with MTOM** of less than 500 kg, which is not used for commercial purposes and/or is used for pilot training, sport or amateur flights within the airspace of the RS the insurance need not include war and terrorism risk) (4.1)(2.2.g) **MTOM: Maximum Take Off Mass 6

7 The owner of foreign aircraft entering the airspace of the RS must be insured against liability for mentioned damages unless the compensation of damages has otherwise been secured or unless otherwise provided by international treaties The owner of aircraft which is not registered in the RS, and/or an EU member state and/or aircraft which is registered outside the territory of the EU and whose flights do not include landing at or taking off from the territory of the EU and/or the RS, but only flights in the airspace of the RS, need not have damages to passengers, cargo and luggage covered by insurance (6.4) 7

8 Aircraft shall be registered and re-registered after the evidence of insurance has been presented to the authorities in charge of such registration Owners of aircraft not subject to compulsory annual registration shall contract the insurance at the time of obtaining the respective license to use such aircraft 8

9 Amount of the sum insured Passengers: SDR*** per passenger (per loss event for aircraft with MTOM of kg or less, which is not being used for commercial purposes, of individual passenger is SDR)(6.1) Baggage: SDR per passenger (6.2) Cargo: 17 SDR per kg (6.3) ***SDR: Special Drawing Rights (IMF) 9

10 Amount of the sum insured Third-party: 10 thresholds set (7.1) lowest threshold: <500kg MTOM (0,75m SDR) highest threshold: >500tons MTOM (700m SDR) For motor propelled gliders with MTOM > 20 kg: SDR For free flying (hot air) balloons with crew: SDR 10

11 AIR TRANSPORT - INSURANCE Enforcement and sanctions Law on Compulsory Traffic Insurance - Fines Air Transport Law (and bylaws) - Suspension or Revocation of the operating licence (8.5) - SAFA inspection (8.6)(8.7) 11

12 AIR TRANSPORT - INSURANCE Institutional Framework National bank of Serbia Civil Aviation Directorate of the RS Government of the RS Ministry of Finance of the RS 12

13 Thank you for your attention Ministry of Finance 13