Contributor: Leaua Damcali Deaconu Paunescu - LDDP
Author: Professor Crenguta Leaua and Corina Tanase
1. Which authority is in charge of the civil aviation registry in Romania? Does Romania use a single-registry system or is there a dual-registry system in place?
There is no provision in the aviation legislation expressly providing that the Romanian Civil Aeronautical Authority (“RCAA”) must receive documents executed with the use of digital platforms or electronic signatures.
However, in relation to aircraft registration, Subchapter 1:6.1 para (1) of the Romanian civil aeronautical regulations “Registration of civil aircraft” Edition 1/2016 (hereinafter “Romanian Registration Regulation”) provides that all documents submitted to RCAA must be in original or notarized copy in accordance with Romanian law.
Law no. 455/2001 regarding the electronic signature (“Law 455/2001”) provides that “the electronic document that has an extended electronic signature incorporated, attached or logically associated, based on an unsuspended and unrevoked qualified certificate and generated with the help of a secured device for creating the electronic signature, is assimilated, as regards its conditions and effects with the document privately signed.” Furthermore, if the law requires for a document to be in writing as a condition of validity or proof, such condition is considered met if an extended electronic signature is included as per Law 455/2001.
Thus, a document bearing an extended electronic signature as regulated by Law 455/2001 is assimilated to an original document and should be acceptable for RCAA.
2. Is the registry an operator registry or an owner registry (or both)?
The extended electronic signature must fulfil the following cumulatively conditions: (i) is uniquely linked by the signatory, (ii) ensures the identification of the signatory, (iii) is created by means controlled exclusively by the signatory, and (iv) is linked by the data in electronic format in such a manner as to allow identification of any subsequent change.
Also, the extended electronic signature must be based on an unsuspended and unrevoked qualified certificate and must be generated with the help of a secured device for creating the electronic signature.
The secured device for creating the electronic signature is the configured software and/or hardware used to implement any data in electronic form with unique characters, such as private cryptographic codes or keys. Such secured device must meet the following cumulative conditions:
a) the signature creation data used in order for the signature to be generated must appear only once, and their confidentiality must be ensured;
b) the signature creation data used in order for the signature to be generated must not be deduced;
c) the signature must be protected against forgery by the technical means available at the time the signature is generated;
d) thesignaturecreationdatamustbeeffectivelyprotectedby the signatory against their use by unauthorized persons;
e) not to modify the data in electronic form, which must be signed, nor to prevent them from being presented to the signatory before the completion of the signing process.
Mention is made that the qualified certificate for the electronic signature must be issued by a specialized company authorized to this end in Romania and must fulfil certain conditions. If the issuer of the qualified certificate has the headquarters within another state, in order for such certificate to have the same effects as a Romanian one: (i) the supplier must be authorized, (ii) a Romanian-authorized supplier guarantees the certificate, (iii) the certificate or the supplier is recognized through a bilateral or multilateral agreement, based on reciprocity.
3. What are the requirements and documentation to register an aircraft in Romania? Include references to formalities such as notarisation, legalization, etc.
RCAA manages the following registries:Unique registry for registration of civil aircraft (“RUIAC”); Registry of securities; and Registry of deregistration.
Data from RUIAC are only partially available online. The other registries are not available online.
4. What fees are payable to register an aircraft in Romania?
RCAA is in the process of digitalization of its activity.
Currently, the documents pertaining to the following activities may be submitted online in electronic format:Reservation of registration/identification marks; Aircraft registration; Registration of unmanned free balloons with payload; Data modification within RUIAC; Aircraft deregistration from RUIAC; Issuance of registration/identification/deregistration duplicate certificates; Provisional aircraft registration; Entries in the Registry of securities; Modification of the securities mentioned in the Registry of securities; Provision of information from RUIAC or from the Registry of securities.
Mention must be made that if the above-listed applications and documents are submitted in electronic format, the issuance of the requested documents by RCAA shall be made provided that the entire documentation is filed to the RCAA in accordance with the provisions of Subchapter 1:6.1 para (1) of the Romanian Registration Regulation. Subchapter 1:6.1 para (1) of the Romanian Registration Regulation provides that all documents submitted to RCAA must be in original or notarized copy in accordance with Romanian law.
5. Are there any weight and/or maximum age restrictions to register an aircraft in Romania?
As shown in the Answer to Question no. 2, a document is considered validly signed using an extended electronic signature as long as the conditions provided by Law 455/2001 are met.
6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of Romania?
In accordance with the Romanian Civil Procedure Code, any request addressed to the Romanian Courts may be filed in writing in electronic form if the conditions provided by the law are met.
In July 2023, the Romanian Supreme Council of Magistracy launched the national portal for submitting lawsuits, pleadings and procedural documents: registratura.rejust.ro. The national portal is a single electronic point of request for services for all active courts in Romania and may be used free of charge.
7. How is an aircraft title transfer effected in Romania? What are the formalities required to register such title transfer in the national registry of Romania (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
The courts of Romania may accept procedural documents executed digitally as long as they bear a valid extended electronic signature.
The Romanian High Court of Cassation and Justice (Decision 520/2019 rendered on 7 March 2019) held that an extended electronic signature used by the parties in relation to the court “connects that electronic identity of the signatory with the digital documents, not being able to be copied from a digital document on another one, this granting authenticity to the document.”
Accordingly, the High Court recognized the effects of the extended electronic signature and accepted it as it would have
a signature made by hand, stating that the extended electronic signature “offers the court a guarantee of the fact that the digital message or document is created by the person that signed it, and the content of the digital message or of the document was not modified from the date of its issuance.”
8. What information and details are reflected in the certificate of registration of an aircraft?
A document is considered validly signed using an extended electronic signature as long as the conditions provided by Law 455/2001 are met. For details, please see Answer to Question no. 2.
9. Are the entries in the aircraft registry of Romania made available to the public upon submission of a specific application to the competent authority? Are there any fees payable for this?
Foreign entities not located in Romania may execute documents with a digital signature as long as the requirements provided by Law 455/2001 are met. For details, please see Answer to Question no. 2.
10. What kind of aircraft operations can be conducted with aircraft registered in Romania (i.e., private use, commercial air transport or both)?
No, but there is a tendency to digitalize the public sector in Romania, and this is likely to happen in the near future.
11. Does the civil aviation authority in Romania authorise the operation of foreign registered aircraft? If so, with which countries has Romania entered into bilateral agreements on the basis of article 83-bis of the ICAO Chicago Convention for the delegation of regulatory oversight?
a. Has Romania implemented the e-Apostille program?
The Romanian Registration Regulation provides that the documents issued by foreign authorities or institutions are filed apostilled or legalized.
Romania did not implement the e-Apostille program.