Greek Law Digest 2016: the Offical Guide to Greek Law (Aviation)

Ioannis Valmas, Attorney at Law, LLB, LLM, BSc Managing Partner at Valmas & Associates

Which is the main regulatory framework in Greece concerning the aviation?

The principal enactment which applies to aviation regulation in Greece is the Code of Aviation Law (KAD), implemented by Law 1815/1988 as amended by Law 2065/1992 and subsequently Law 3333/2005.

Furthermore, EC Regulation No. 1008/2008 applies to the operation of airlines in the European Union and Law 393/1976 applies to the operation of travel agents, which are further regulated by the Hellenic Tourism Organization (EOT).

Regarding suppliers, EC Regulations No. 300/2008 and EC Regulation No, 185/2010, along with HCAA Regulation No. D15/A/18070/1501, apply to airport suppliers and in-flight suppliers.

Also Ministerial Decision No. D1/D/30817/2180 applies to air charters and air transport services.

How many airports are located in Greece?

There are 45 airports that are regulated by the Hellenic Civil Aviation Authority (HCAA). They are further divided in three main subcategories. Only the Athens Airport is operated by a separate entity (Athens International SA).

What are the steps an air carrier is required to take in order to acquire an operating license?

1.  First there are a series of certificates, licenses and approvals required such as:

  • Written approval of the base airport;
  • Certificates of noise (where applicable);
  • Approval of the lease of aircraft;
  • Flight capability license;
  • Registration;
  • Licensing of aircraft's station.

2.  The above documents have to be submitted along with a written application to the H.C.A.A.

3.  Had there been documents missing, the H.C.A.A. is obliged to notify the applicant in writing within twenty days of the filing of the application. The applicant must submit the requested documents within 30 days.

4.  The H.C.A.A. will then examine the documentation.

5.  The final answer from the H.C.A.A. must be communicated to the applicant within 120 days following the submission of all documents.

How are charter agreements and air charters regulated in Greece?

Articles 83-93 of the Code of Aviation Law (K.A.D.) and Ministerial Decision D1/D/30817/2180 regulate charter agreements and air charters in Greece.

In which way could an aircraft obtain the Hellenic nationality?

The Hellenic Code of Aviation Law sets out the precondition of an aircraft obtaining the Hellenic Nationality on Articles 18 and 19.

According to Paragraph 1 Article 18 of the Code of Aviation Law, Law 1815/1988 (K.A.D.) the condition for registering an aircraft as Greek is that a person that is a nationality holder of one of the countries of the European Economic Area possesses 50 percent or greater of the aircraft to be registered as Greek.

According to Paragraph 2 of Article 18 of the Code of Aviation Law (K.A.D.) an aircraft can also obtain the Hellenic Nationality as long as it belongs to Hellenic Companies (companies registered in Greece) on the condition that the company possesses over 50 percent of the aircraft.

Companies that are eligible to register a Hellenic Aircraft on the relevant Registry include the following (subject to the conditions set out by Article 18 Paragraph 2 of the Code of Air Law):

1.  General Partnerships (O.E.) when all partners are EU citizens;

2.  Limited partnerships (E.E.) when all general partners are EU citizens and an amount greater than the two thirds (2/3) of the total partnership capital has been paid by partners who are EU citizens;

3.  Limited Liability Companies (E.P.E.) when all administrators of the company and more than three quarters (3/4) of the shareholders are EU citizens;

4.  SA (Companies (A.E.) when more than sixty percent (60%) of the nominal value of the company capital belongs to EU citizens and at least two thirds (2/3) of the board of directors, the presidentand all members of general meetings are EU citizens;

5.  Cooperative Societies, Joint Ventures and Unions when two thirds of the partners and members of Boards are EU citizens.

According to Article 19 of the Code of Aviation Law all Hellenic aircrafts must be registered at the National Aircraft Register in H.C.A.A. Following registration, the owner may subsequently obtain a Registration Certificate.

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