Civil aviation in the Republic of Slovenia is governed by Slovenian regulations, European Union regulations and international treaties that bind the Republic of Slovenia and / or the European Union.
European Union legislation is available at: http://eur-lex.europa.eu/homepage.html?locale=sl,
European Union aviation regulations with the corresponding acceptable means of compliance, guidance materials and certification specifications are to be found at European Union Aviation Safety Agency's (EASA's) website https://www.easa.europa.eu/regulations
Slovenian regulations and international treaties that bind the Republic of Slovenia and / or the European Union and the regulations of the European Union are also to be found on the website of the Ministry of Infrastructure: http://www.mzi.gov.si/si/zakonodaja_in_dokumenti/letalstvo/ and http://www.pisrs.si/Pis.web/
The standards and recommended practices of the International Civil Aviation Organization (ICAO) which are binding for the Republic of Slovenia, if transposed into the Slovenian legal order, can be found on the following web site: https://www.icao.int/publications/Pages/doc-series.aspx
Pursuant to Article 179.i of the Aviation Act, the CAA is, inter alia, responsible for issuing airworthiness and technical requirements, operational and technical requirements, safety directives, issuing certification specifications, acceptable means of compliance and instructions, and for other regulatory tasks specified by aviation regulations, applicable for or used in the Republic of Slovenia.
Granting exemptions from the European regulations
The CAA may grant exemptions from the substantive requirements laid down in the Regulation (EC) No 2018/1139 and it’s Implementing Rules in the event of unforeseen urgent operational circumstances or operational needs of a limited duration, provided the level of safety is not adversely affected. The EASA, the EC and the other Member States shall be notified of any such exemption.
Alternative Means of Compliance
EASA recognises Acceptable Means of Compliance (AMC), which are used to establish compliance with Regulation (EC) No. 2018/1139 and its implementing rules. If compliance is ensured with acceptable means of compliance procedures, the relevant requirements of the implementing rules are considered to be met.
Alternative Means of Compliance (AltMoc) may be used to establish compliance with the implementing rules. The organization/entity may submit a proposal for approval of an alternative means of compliance on the following form: AltMoC Notification Form (CMSMS.OBR-20)
After the examination of the submitted documentation, and, if necessary, after the inspection of the organization has been completed, the CAA shall evaluate all other coordination procedures proposed by the organization/entity in accordance with ORA.GEN.120.
If the CAA finds that the alternative means of compliance are in accordance with the implementing regulations, it immediately:
- informs the applicant that the alternative means of compliance may be implemented and, if necessary, amends the approval or the applicant's certificate accordingly;
- informs EASA of its content and encloses copies of the relevant documentation;
- informs the Member State about the alternative means of compliance which have been accepted.
Granting exemptions from the ICAO requirements In exceptional cases when, due to certain operational, geographical or other unforeseen circumstances, it is not possible to ensure compliance with the standards and recommended practices of the International Civil Aviation Organization (ICAO), the Civil Aviation Agency of the Republic of Slovenia may grant an exception to those regulations.
The applicant shall submit an application for the approval of such an exemption on the following form: Exemption from ICAO Requirement Notification Form (CMSMS.OBR-23).
The said application shall have the following items enclosed:
- description of the ICAO exemption and reasons for it;
- risk assessment which demonstrates that the organization/entity is able to manifest the same level of safety as defined by the ICAO requirement;
- suitable manuals or procedural revisions which are needed by the organization due to the ICAO exemption.
Exemptions based on Article 153(1) of Aviation Act
In accordance with article 153, paragraph 1 of Aviation Act (Official Gazette of the Republic of Slovenia, No. 81/10 - Official consolidated text, 46/16 and 47/19) the Ministry of Infrastructure may, after prior verification of compliance with the prescribed conditions, grant exceptions to the provisions of the following sections: aircrafts, aviation and other professional personnel, air services and other air transport activities, airports; or to issue regulations which differ from the provisions covered by those chapters. Such exemptions or regulations may only be granted where there is no conflict with the public or aviation related safety interests.
The exemption is limited in scope and duration to the extent strictly necessary and it is applied in a non-discriminatory manner.
Request shall include at least:
- the affected requirements of relevant provisions;
- a description of the urgent unforeseeable circumstances or urgent operational needs;
- evidences related to the prescribed conditions;
- the identification of the product, part, appliance, person or organisation to which the exemption applies, including a description of the type of operation or activity concerned;
- the type of operation or the activity concerned;
- the date or period of applicability of the exemption;
- a reference to previous similar exemptions, if any; and
- an assessment and evidence demonstrating that the level of safety is not adversely affected, including, if applicable, a description of the related mitigation measures.
The request is addressed to the Ministry of Infrastructure via e-mail email@example.com or:
Ministrstvo za infrastrukturo
Direktorat za letalski in pomorski promet
Sektor za letalstvo
Langusova ulica 4
Civil Aviation Agency of the Republic of Slovenia shall review the risk assessment provided by organisation in relation to the requested exemption. The recommended content of the risk assessment should preferably contain the following:
- a detailed description of the safety issue, including the scenario in which the safety issue takes place; and
- an indication of the stakeholders affected by the safety issue, including types of operations and organisations;
and, as appropriate:
- a risk assessment establishing the severity and probability of all the possible consequences of the safety issue;
- information about the existing safety barriers that the aviation system has in place to prevent the likely safety issue consequences from occurring;
- any mitigating actions already in place or developed to deal with the safety issue; and
- recommendations for future actions to control the risk.
Civil Aviation Agency of the Republic of Slovenia shall produce a reasoned opinion related to the requested exemption. Ministry of Infrastructure based on reasoned opinion of Civil Aviation Agency of the Republic of Slovenia grants exemption in accordance with article 153(1) of Aviation Act.
Ministry of Infrastructure and Civil Aviation Agency of the Republic of Slovenia apply General Administrative Procedure Act (Official Gazette of the Republic of Slovenia, No. 24/06 – Official consolidated text, 105/06 – ZUS-1, 126/07, 65/08, 8/10 and 82/13) in considering the request.