Contributor: Ketler & Partners, member of Karanovic
Author: Kevin Rihtar
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?
In Slovenia, electronic signing and the use of digital platforms are generally governed by Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (“eIDAS Regulation”). The elDAS Regulation does not specifically rule the use of documents such as Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs executed with digital platforms or electronic signatures. General rules of the eIDAS Regulation also apply to the documents mentioned.
Generally, electronic form (including signature) is equivalent to written form, provided that the information in electronic form is accessible and available for future reference. Digital platforms may be used; however, the validity of such signatures may be challenged, so it is recommended to use qualified electronic signatures, which are only electronic signatures that are equivalent to a handwritten signature. Therefore, if a document or agreement must be hand-signed, the only electronic signature that may be used is a qualified electronic signature.
Civil Aviation Agency Slovenia (“Agency”) does not issue electronically signed documents.
2. Is the registry an operator registry or an owner registry (or both)?
N/A. Please note that the eIDAS Regulation sets out the legal framework for electronic signatures and distinguishes between low, medium, and high levels of assurance. A process requiring a high level of assurance consequently requires a qualified electronic signature, which is also the only equivalent to a handwritten signature.
3. What are the requirements and documentation to register an aircraft in Slovenia? Include references to formalities such as notarisation, legalization, etc.
No. However, certain information regarding the lease, security agreements and mortgages may be obtained from the Slovenian Aircraft Register (please note that such general inquiries are only available to qualified users, whereas information on aircraft mortgages may be obtained a via request to obtain current data about ownership and mortgages and upon payment of the fee).
4. What fees are payable to register an aircraft in Slovenia?
Uploading electronic files for registration with the Agency is not possible; however, documents may be submitted to the Agency via e-mail.
5. Are there any weight and/or maximum age restrictions to register an aircraft in Slovenia?
As mentioned above, no special regulations regarding the use of electronic signatures apply before the Agency.
6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of Slovenia?
Yes, it is possible to upload lawsuits, pleadings and procedural documents in civil procedures via “esodstvo” system. In addition, any procedural documents in relation to land register, enforcement and insolvency proceedings shall also be filed electronically.
In practice, many documents are still submitted by post.
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.
Yes, procedural documents executed digitally are accepted. As mentioned above, electronic signatures equivalent to a handwritten signature are only qualified electronic signatures (i.e., secure electronic signatures that are authenticated by a qualified certificate, regardless of official or private digital signature status).
8. What information and details are reflected in the certificate of registration of an aircraft?
There are no other formal requirements for the validity of the documents executed by digital signatures. There is also no legal obligation to expressly state in the contract that the contract will be signed with an electronic signature.
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?
Foreign entities not located in Slovenia may execute Lease Agreements or Finance Documents with digital signatures (if written form is required, qualified electronic signatures must be used). Lease Agreements must be concluded in a written form, whereas written form includes electronic form and, therefore, a qualified electronic signature.
10. What kind of aircraft operations can be conducted with aircraft registered in Slovenia (i.e., private use, commercial air transport or both)?
Printed paper aircraft documents are generally used. The Agency does not use blockchain technology.
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?
Notary requirements only apply to a statement given by the aircraft owner for entry of the aircraft in the Slovenian Aircraft Register. Depending on the place of notarization, an apostille may be required (and an official translation into the Slovenian language).
Notarization and apostille requirements also apply to electronically executed documents. In the notarization in electronic form, the Slovenian notary must indicate how the identity of the party was established and how the validity of the qualified electronic signature was verified. The notarization in electronic form must be linked to the original document in electronic form on which the signature is authenticated or to a scan script thereof, so it is impossible to separate them. The notary must electronically sign the notarization in electronic form with a qualified electronic signature, secure it with a qualified electronic seal and accompany it with a qualified electronic time stamp.
a. Has Slovenia implemented the e-Apostille program?
Yes, but only for public documents originally issued in electronic form, containing the electronic source document to be authenticated or a scan-script thereof, so it is impossible to separate them.