Contributor: Marjan Poljak, Karanović & Partners
1. Which authority is in charge of the civil aviation registry in Slovenia? Does Slovenia use a single-registry system or is there a dual-registry system in place?
Civil Aviation Agency of the Republic of Slovenia, Kotnikova ulica 19A, 1000 Ljubljana (hereinafter: “Agency”) is the responsible authority of the civil aviation registry in Slovenia. Slovenia uses a single-registry system.
2. Is the registry an operator registry or an owner registry (or both)?
The registry is both an owner registry and an operator registry.
The registry consists of the general ledger and a collection of documents. The general ledger is public and consists of insets, which contain the Certificate of Registration, the ownership certificate and the load sheet. The Agency enters into the general ledger all necessary information on the aircraft, the owner and the method of acquisition of the aircraft, the user (operator) of the aircraft (if it is not the owner), and the mortgages associated with this aircraft, as well as other rights over the aircraft and all changes relating to the content of the registry.
The collection of documents is managed for each aircraft separately and is kept as a business secret.
3. What are the requirements and documentation to register an aircraft in Slovenia? Include references to formalities such as notarisation, legalization, etc.
The following requirements have to be met for the entry of the aircraft into the registry in Slovenia:
- the owner of the aircraft is a Slovenian citizen, a citizen of an EU member state, or legal entity majority owned and controlled by Slovenian citizen or citizen of an EU member state;
- the aircraft has a certificate of airworthiness which was issued by the Slovenian Ministry of Infrastructure, or which was issued by a foreign state body and was recognized by the Slovenian Ministry of Infrastructure;
- the aircraft is not registered in any other country;
- the aircraft fulfils requirements regarding the limitation of noise and other emissions, which was established by the Agency.
The following documentation shall be submitted to register an aircraft:
- application for the registration of an aircraft (AIR.OBR-108) and payment of the Tariff for the service implementation of the Agency;
- a final decision of a competent court in Slovenia on the change of owner and the operator of the aircraft;
- certificate of citizenship and/or an identity document or extract from the business register for legal entities;
- the original certificate of deregistration from the previous country or certificate of non-registration in the case of a new aircraft;
- filled out Form Part-ML Aircraft maintenance programme (AMP) – type of approval (AIR.OBR-194).
4. What fees are payable to register an aircraft in Slovenia?
The tariff must be paid in accordance with the Decision on costs issued by the Agency upon the client’s application. The amount of the tariff depends on the weight type of aircraft and can be up to EUR 184 for entry in the register. Additional fees are applicable for reservations of registration numbers and other services by the Agency. Court fee is EUR 35.
5. Are there any weight and/or maximum age restrictions to register an aircraft in Slovenia?
There are no specific limitations; however, the aircraft must fulfil conditions regarding the limitation of noise and other emissions and be airworthy.
6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of Slovenia?
Yes, registration of an aircraft in the national registry constitutes a proof of ownership under the laws of Slovenia. Nevertheless, for a change of an owner or an operator as well as for the initial registration, a court decision must be obtained.
7. How is an aircraft title transfer effected in Slovenia? What are the formalities required to register such title transfer in the national registry of Slovenia (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
The agreement by which the title on an aircraft is transferred must be concluded in written form. Title on the aircraft is transferred with the entry of the change in the register.
To change the owner/operator of the aircraft in the register, the following documentation is required:
- an application for the change of an owner/operator (AIR.OBR-109) and payment of the Tariff for the service implementation of the Agency;
- a final decision of a competent court on the change of owner and the operator of the aircraft (evidence of the ownership as well as in relation to the operator needs to be provided in originals or certified copies with Slovene certified translation);
- certificate of citizenship and/or an identity document or extract from the business register for legal entities;
- filled out Form Part-ML Aircraft maintenance programme (AMP) – type of approval (AIR.OBR-194);
- the original Certificate of Registration or permit to fly shall be returned.
8. What information and details are reflected in the certificate of registration of an aircraft?
Information regarding the aircraft (manufacturer, type, serial number, registration number, year of production), information regarding owner and information regarding operator.
9. Are the entries in the aircraft registry of Slovenia made available to the public upon submission of a specific application to the competent authority? Are there any fees payable for this?
Yes, the aircraft registry of Slovenia is public. The registry can be after registration on the web page accessed on the following link https://register.caa.si/.
10. What kind of aircraft operations can be conducted with aircraft registered in Slovenia (i.e., private use, commercial air transport or both)?
Both private use and commercial air transport can be conducted with aircraft registered in Slovenia.
11. Does the civil aviation authority in Slovenia authorise the operation of foreign registered aircraft? If so, with which countries has Slovenia entered into bilateral agreements on the basis of article 83-bis of the ICAO Chicago Convention for the delegation of regulatory oversight?
Yes, Slovenia ratified the Protocol Relating to an Amendment to the Convention on International Civil Aviation (Article 83 bis); however, the scope of cooperation is rather low. To our knowledge, only bilateral agreements with Slovak Republic and Italy were concluded.
12. Is there a separate register of aircraft mortgages and/or leases and/or security interests in Slovenia?
Even though the registry is generally one, it is separated into two sections; one is intended for ownership/operators and the second for mortgages/security interests.
13. What are the formalities required to register a mortgage / lease / security interest in the national registry of Slovenia (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
For registration of a mortgage, the following documentation is required:
- application for registration of a mortgage (AIR.OBR-111) and payment of the tariff for the service implementation of the Agency;
- a final decision of a competent court of the registration of a mortgage;
- a copy of the notarized record of the creation of a mortgage.
14. Is a mortgage priority notice an available security instrument for aircraft financiers in Slovenia?
A mortgage entered in a foreign register on an aircraft which acquires Slovenian registration, and which is stated in the instrument of deletion of the aircraft from the foreign register may be entered in the Slovenian register as a pre-recorded mortgage. The pre-recorded mortgage is given the order of precedence according to the time fixed for its precedence in the foreign register.
The mortgagee in whose favour such a pre-recording is entered must justify the pre-recording within sixty days of service of the notice of entry; otherwise, such pre-recording is deleted from the register.
15. Does an aircraft mortgage duly registered in the national registry of Slovenia extend to engines and other parts of such aircraft (either installed or not on the airframe)?
Yes, a mortgage extends to all parts of the aircraft provided that the mortgagor is entered in the register as the owner of engines and all parts of aircraft.
16. What statutory liens (if any) would rank prior to an aircraft mortgage duly registered in the national registry of Slovenia?
Aircraft privilege ranks before aircraft mortgage. The following claims are protected by the aircraft privilege:
- legal costs necessary for the common interest of all creditors in enforcement or security proceedings for the storage of aircraft or for forced sale;
- claims relating to a particular reward for the search or rescue of an airplane;
- claims relating to extraordinary expenses necessary for the maintenance of the aircraft;
- costs to be paid to the service provider at the airport in connection with the services provided and the use of the infrastructure, in accordance with the provisions of the law governing aviation.
17. Do the laws of Slovenia provide for possessory rights and/or rights of detention over aircraft in favor of third parties (such as airport taxes, customs duties, air navigation charges, crew’s wages, MRO’s receivables)?
Yes, Slovenian law provides for aircraft privilege (as described above), holders of aircraft privilege may demand the sale of the aircraft.
18. Are foreign law-governed security agreements (e.g., mortgages) recognized in Slovenia in order to validly create a security interest over an aircraft registered in the national registry of Slovenia? If so, are there any formalities/requirements to bear in mind?
This should be assessed on a case-by-case basis, matters relating to mortgages and international recognition of rights and security interests over an aircraft are assessed in accordance with the law governing the obligations and property relations in aviation and in accordance with an international treaty.
19. Are foreign law-governed leases recognized in Slovenia in order to validly lease an aircraft registered in the national registry of Slovenia to a lessee incorporated in Slovenia? If so, are there any formalities/requirements to bear in mind?
Yes, parties are free to choose the law governing the lease agreement. The only formal requirement is that the lease agreement will have to be officially translated into the Slovenian language when submitted to the Agency (or the court) as all documents submitted to the Agency (or the court) must be in Slovenian language or official translation must be provided.
20. Has Slovenia ratified the Cape Town Convention on International Interests in Mobile Equipment and the related Aircraft Protocol? Has Slovenia made any declarations to better determine the scope of application of the Convention / Protocol in Slovenia? If so, what is the impact of such declarations on aircraft registration issues? Are there any specific aspects relating to the enforcement of IDERA’s to be considered?
Slovenia did not ratify the Cape Town Convention on International Interests in Mobile Equipment and the related Aircraft Protocol.
21. What are the requirements and documentation to deregister an aircraft from Slovenia? How does the aircraft deregistration process work?
To deregister an aircraft, the following documentation is required:
- application for deregistration of aircraft (AIR.OBR-95) and payment of the tariff for the service implementation of the Agency;
- a statement that nationality and registration marks have been removed from the aircraft (registration mark and flag). The original documents, such as certificate of airworthiness, Certificate of Registration, and permit to fly shall be returned;
- in the case of lease agreement: the operator’s statement on facts and circumstances relevant for the issuing of a decision;
- in the case of sale of an aircraft abroad: information on the prospective owner or information on prospective owner’s country;
- if the aircraft is damaged or has become permanently unworthy: proof (statement by the applicant that the aircraft is damaged or statement by an aircraft accident investigator which is to be obtained by the Agency on its own behalf);
- in case of mortgage – consent of the creditor.
22. What fees are payable to deregister an aircraft from Slovenia?
The tariff must be paid in accordance with the Decision on costs issued by the Agency upon the client’s application. The amount of the tariff depends on the type/weight of aircraft. The fee for the procedure before the Agency is generally up to EUR 160.
23. Is the consent of the mortgagee / lessor (as the case may be) required in order to deregister an aircraft from Slovenia?
Consent of mortgagee is required. In case the operator of the aircraft files the request for deregistration of the aircraft, consent of the owner is required.
24. What are the usual practical difficulties (if any) involved in deregistering aircraft from Slovenia?
We are not aware of any practical difficulties.
25. How long does deregistration take, both where there is co-operation from the defaulted party (mortgagor / lessee / Operator) and where there is no such co-operation from it?
The required time for deregistration is 15 days from the date of submitting the full set of required documentation.
26. Please outline the applicable repossession rules under the national laws of Slovenia (and the Cape Town Convention, if applicable) following an event of default under a mortgage or a lease, including registration issues with the national registry in Slovenia.
The repossession rules in the event of default are usually agreed upon in the mortgage or lease agreement.
The law does not prohibit taking physical possession of the aircraft in the event of default and termination of the lease agreement. However, if the opposite party is refusing to give the physical possession of the aircraft, a lawsuit must be filled. Owner can request the change of operator in the register, and a final decision of the competent court on the change of operator of aircraft must be submitted.
In case of a mortgage, the mortgagee is entitled to request the sale of the aircraft in the event of default. The mortgage agreement can also provide for the right of mortgagee to repay with the use of the aircraft.