SERBIA Law and Practice Contributed by: Uroš Popović and Stefan Golubović, Drašković Popović & Partners
a certified written statement of consent of an operator must be submitted along with the deletion request. The Registrar removes the aircraft from the Aircraft Register ex officio if the aircraft is destroyed, perma - nently unusable, missing or completely unavailable or whose airworthiness certificate is not valid for more than ten years. Once the Registrar decides on the deregistration request it issues the deletion resolution along with a confirmation of the deletion and, if the aircraft is airworthy, the Civil Aviation Directorate will issue an export airworthiness certificate. This is the basis on which the aircraft may be registered with another air - craft register. 2.8.2 Lessee’s/Operator’s Consent An aircraft owner may only apply for the deregistra - tion of the aircraft with the prior consent of the lessee. 2.8.3 Required Documentation In order for an aircraft to be deregistered from the Aircraft Register, an owner or an operator will have to provide a: • deregistration request; and • statement of consent from the other party (owner/ operator). 2.8.4 Duration of Deregistration Process There is no statutory deadline on the duration of the deregistration process. However, one can expect the process to take several business days to complete. 2.8.5 Aviation Authority’s Assurances The aviation authority is not authorised to issue advance assurances to an aircraft owner, mortgagee or lessor as to the prompt deregistration of the aircraft. 2.8.6 Costs, Fees and Taxes Relating to Deregistration The fee for deregistration of an aircraft is RSD5,020 (approximately EUR43). 2.8.7 Deregistration Power of Attorney A deregistration power of attorney does not constitute a necessary legal document under Serbian law (and
Serbia is not a signatory to the Cape Town Conven - tion). However, in practice, it is usually issued along with the lease. A deregistration power of attorney does not need to be translated, certified, notarised or legalised to be enforceable against a domestic party. However, the translation of the subject document is necessary if it were to be used before the authorities in Serbia including, but not limited to, the courts. 2.8.8 Documents Required to Enforce Deregistration Power of Attorney As a deregistration power of attorney is not manda - tory/necessary by itself no additional documents are required in order to determine its validity. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney A deregistration power of attorney may be governed by a foreign law but is most commonly governed by Serbian law in practice. 2.8.10 Revocation of a Deregistration Power of Attorney As a deregistration power of attorney is not statutorily regulated, there is no regulation on the possibility of revoking the deregistration power of attorney. It may therefore be revoked at any time like any other power of attorney. 2.8.11 Owner’s/Lessor’s Consent The lessee’s consent will be necessary for the aircraft to be exported. A mortgagee is not entitled to export the aircraft under Serbian law. An asset does not need to be located in Serbia at the time of deregistration and/or export. 2.8.12 Aircraft Export Permits/Licences Upon request, the Aircraft Register will issue the dele - tion resolution, along with confirmation of the dereg - istration. In practice, it takes several business days to obtain the necessary documents. When it is issued, the confirmation of the deregistration (ie, export cer - tificate) is valid for an unlimited period of time. It can therefore be obtained at any time before the termina- tion of the lease. In practice, as the confirmation of deregistration contains the exact time of the deregis - tration from the Aircraft Register, it is usually obtained
529 CHAMBERS.COM
Powered by FlippingBook