http://europa.eu/legislation_summaries/transport/air_transport/index_en.htm
25.05.2015. 2:16Common rules for the operation of air servicesThe
legislation on the Single Market for air transport defines the
granting of operating licences, the monitoring of airlines and
their access to the market. It guarantees a competitive air
transport market, quality services and more transparent
fares.ACTRegulation (EC) No1008/2008of the European Parliament and
of the Council of 24September2008 establishing common rules for the
operation of air services in the Community (Recast).SUMMARYThis
Regulation regulates the licensing of Community air carriers, the
law applicable to them and the pricing of air services.Operating
licenceAn undertaking established in the Community cannot carry by
air passengers, mail or cargo unless it has been granted the
appropriate operating licence*. This Regulation sets the conditions
for the granting of operating licences. The undertaking must in
particular hold an Air Operator Certificate (AOC)*, comply
withinsuranceand ownership requirements and provide financial
guarantees. In addition, the management will be requested to
provide proof that the undertaking is of good repute.An operating
licence shall be valid as long as the air carrier complies with the
requirements defined by the Regulation. The competent licensing
authority shall review compliance with these requirements two years
after the granting of a new licence, if there is a problem or at
the request of the Commission. This authority may at any time
assess the financial performance of a Community air carrier which
it has licensed.In addition, a Community air carrier must notify
the authority in advance of modifications in its activities
(operation of a new service to a region not previously served,
merger, acquisition, etc.). If the competent authority deems that
the proposed changes will have significant financial consequences,
it may request a revised business plan and decide whether the
licence should be resubmitted for approval.The competent authority
must suspend the licence of an air carrier if, on the basis of the
assessment of financial results, it considers that the carrier can
no longer meet its obligations during a period of twelve months. It
can however grant a temporary licence, pending financial
reorganisation, provided that safety is not threatened and that
there is a real possibility of reconstruction. Moreover the licence
must be suspended if the carrier furnishes false information on an
important point, if the AOC is suspended or revoked, or if the
carrier no longer complies with requirements on good repute.This
Regulation also lays down the conditions for the leasing of
aircraft.Access to routesCommunity air carriers are authorised to
operate Community air services and Member States cannot subject
their operation to any permit or authorisation. Operating freedom
cannot be restricted by bilateral agreements with Member States
either. Restrictions may be imposed under bilateral agreements
between a Member State and a third country, as long as these
restrictions do not limit competition, that they are
non-discriminatory and that they are not more restrictive than
necessary.A Member State may, under certain conditions, impose a
public service obligation for a scheduled air route between an
airport and a peripheral or development region in the Community or
on a thin route to an airport in its territory, if this route is
considered as being vital for the economic and social development
of the region which the airport serves. This Regulation lays down
general principles for public service obligations.The exercise of
traffic rights*shall be subject to Community, national, regional
and local operational rules relating to safety, security, the
protection of the environment and the allocation of slots. Under
certain conditions fixed by the Regulation, a Member State may
regulate the distribution of air traffic between airports serving
the same city or conurbation. It may also limit or refuse the
exercise of traffic rights to deal with serious environmental
problems or in the case of an emergency.Provisions on
pricingCommunity air carriers shall freely set fares for passengers
and cargo, except in the case of a public service obligation. The
published price for the service shall include the fare and all
applicable taxes, charges, surcharges and fees which are
unavoidable and foreseeable at the time of publication. In
addition, details must be given of the different components of the
price (fares, taxes, airport charges and other costs).
Discrimination in access to fares between passengers or between
users of the cargo service on the basis of their place of residence
or their nationality within the Community is prohibited.ContextThis
Regulation repeals and replaces three Regulations from the Third
aviation package: Regulation No 2407/92onlicensing of air carriers,
Regulation No 2408/92onaccess for Community air carriers to
intra-Community air routes, and Regulation No 2409/92onpassenger
fares and air cargo rates.Key Terms of the Act
Operating licence: an authorisation granted by the competent
licensing authority to an undertaking, permitting it to provide air
services as stated in the operating licence. Air operator
certificate (AOC): a certificate delivered to an undertaking
confirming that the operator has the professional ability and
organisation to ensure the safety of operations specified in the
certificate, as provided in the relevant provisions of Community or
national law, as applicable. Traffic rights: the right to operate
an air service between two Community airports.
Air fares and air cargo rates (third phase)ArchivesThis
regulation sets out to liberalize price formation for Community air
services.ACTCouncil Regulation (EEC) No2409/92of 23July1992 on
passenger fares and air cargo rates [Official Journal L 240of
24.08.1992].SUMMARYThis Regulation repeals Council Regulation (EEC)
No2342/90.The Regulation applies to the criteria and procedures
governing establishment of the air fares and air cargo rates
charged by air carriers on air services within the Community.Member
States may not withhold approval of fares and rates charged by
Community carriers if the fares and rates are reasonably related to
the applicant carrier's total costs. If they withhold approval,
Member States must also take into account other factors such as
consumers' needs, the competitive situation in the market and the
need to prevent dumping. The fact that a proposed air fare is lower
than that offered by another carrier is not sufficient reason for
withholding approval. Air carriers may not charge fares or rates
that are so excessively high as to disadvantage users or so low as
to be unjustifiable.Air fares offered to tour operators or the
public and specifically combined with accommodation arrangements
for the duration of the trip, and air fares for groups larger than
six persons, will receive automatic approval.Cargo rates may be set
by free agreement between the parties to the contract of
carriage.Air carriers must submit their proposed air fares for
scheduled air services in the form prescribed by the Member State
concerned. An air fare for a scheduled air service will be
considered as approved unless, within 30days of submission, the
Member State(s) concerned has (have) notified disapproval to the
applicant carriers in writing, giving reasons.Member States have
one month to refer the Commission's decision to the Council.A
Member State may permit a Community air carrier to match an air
fare already approved for a scheduled air service between the same
pair of cities, it being understood that this does not apply to
indirect air services which exceed by more than 40% the length of
the shortest direct service.For a scheduled air service where
competition is limited, a Member State whose interests are involved
may request the Commission to examine whether an air fare complies
with the conditions described in point 2above.Competition will be
taken to be limited where: there are significant barriers to market
entry; there are public service obligations; at most 30000seats are
offered for sale per year in that Member State by a single air
carrier.The Commission has two months to issue its decision on
whether the air fare complies with the conditions.The Commission
may investigate on its own initiative whether an air fare conforms
to the provisions of the Regulation. Any Member State whose
interests are involved has one month to refer the resulting
Commission decision to the Council. The Commission is required to
consult the representatives of air transport user organizations at
least once a year on scheduled air fares.Air carriers from third
countries with traffic rights between Community airports are
permitted to match the normal economy air fare or its closest
equivalent, unless otherwise provided in an agreement between the
Community and the third country.In order to carry out its duties
under this Regulation the Commission may obtain all necessary
information. Where the information supplied is incomplete or
incorrect the Commission may impose a fine of 1000to 50000euros.
Also, where air carriers infringe the provisions of this
Regulation, a fine of up to 10% of annual turnover may be imposed.
The decision may be referred for review by the Court of Justice
that may cancel, reduce or increase the fine.ContextSince 1November
2008, Regulation (EC) No 2409/92has been repealed and replaced by
Regulation (EC) No1008/2008establishing common rules for the
operation of air services in the Community. In particular, this
Regulation introduces new rules on passenger fares and prices for
the carriage of cargo.REFERENCESLicensing of air
carriersArchivesThis regulation aims to lay down transparent,
non-discriminatory rules on the criteria for economic and technical
competency which must be met before air carriers can be granted
licences to operate in the Community.ACTCouncil Regulation (EEC)
No2407/92of 23July1992 on licensing of air carriers [Official
Journal L 240of 24.08.1992].SUMMARYThis Regulation lays down the
economic and technical competency criteria which must be met by air
carriers wishing to obtain or maintain an operating licence.Only
undertakings that are holders of the appropriate operating licence
or air operator's certificate are permitted to carry passengers,
mail and/or cargo for remuneration within Community
territory.Operating licences: Member States may not grant operating
licences unless air transport is the main activity of the
undertaking concerned and its registered office and principal place
of business are located in the issuing Member State, and unless it
is majority owned and effective control is exercised by Community
nationals.Hence, whenever the State that issued the licence, or the
Commission, so request, an air carrier must be able to demonstrate
that it meets the abovementioned requirements.The carrier must meet
certain conditions with regard to start-up capital, business costs,
financial obligations, seating capacity of the aircraft he intends
to operate, etc.At the beginning of each financial year, air
carriers must provide the national authorities with the audited
accounts of the undertaking.Air carriers must have civil liability
insurance to cover risks in the event of an accident, particularly
with regard to passengers, cargo and third parties.Air carriers
must also hold a valid air operator's certificate (AOC) specifying
the activities covered by the operating licence.Any undertaking
which provides an aircraft and complete crew to an air carrier but
retains the functions and responsibility for the operation of the
aircraft is itself subject to the safety requirements of the
Regulation.The operating licence and the air operator's certificate
remain valid as long as the air carrier meets the obligations.
Licences and certificates not used for six months must be
resubmitted for approval by the competent authorities. Similarly,
in the event of a merger or take-over, licences and certificates
must be resubmitted for approval by the competent
authorities.Application procedures for the issue of licences. The
Member State concerned must make these procedures public and must
decide on applications not later than three months after receiving
all the necessary information. There is provision for the
Commission to review rejected applications upon the request of the
undertaking concerned.ContextAs from 1November 2008, Regulation
(EC) n2407/92has been repealed and replaced by , Regulation (EC) No
1008/2008establishing common rules for the operation of air
services in the Communitytr0008. In particular, this Regulation
introduces new rules on the issue of licences to air
carriers.REFERENCESActDateof entry into forceFinal date for
implementation in the Member States
Regulation (EC)2407/9201.01.1993-
RELATED ACTSCouncil Resolution of 19June 1995-Official Journal C
169of 05.07.1995On 19June 1995, the Council adopted a Resolution on
relocation in air transport.This Resolution calls upon the
Commission to submit to the Council the outcome of the study on the
consequences of air transport liberalization. It also calls upon
the Commission to examine the application of the provisions of
Regulation (EEC) No2407/92relating to the leasing of non-Community
resources and, if necessary, to draw up guidelines enabling them to
be applied uniformly.Publication of Member States' decisions to
grant or revoke operating licences pursuant to Article 13(4) of
Regulation (EEC) No2407/92on licensing of air carriers:Official
Journal C 246of 24.08.1996(Austria, Belgium, Denmark, Finland,
Germany and Sweden);Official Journal C 73of 08.03.1997(Spain,
Germany, United Kingdom, Sweden, Greece, Finland, Ireland);Official
Journal C 363of 29.11.1997(Spain, Denmark, Germany, Greece,
Ireland, Italy, Austria, Sweden, the Netherlands);Official Journal
C 143of 08.05.1998(Denmark, Germany, Greece, Spain, the
Netherlands, Austria, Portugal, Finland, Sweden);Official Journal C
2of 05.01.2000(United Kingdom, France, Spain);Official Journal C
368of 21.12.2000(Denmark);Official Journal C 99of
29.03.2000(Norway).Access for air carriers to intra-Community air
routes (third phase)ArchivesThis Regulation works towards the
liberalisation of the provision of intra-Community air
services.ACTCouncil Regulation (EEC) No2408/92of 23July1992 on
access for Community air carriers to intra-Community air
routesSUMMARYThe Regulation repeals Council Regulation (EEC)
No2343/90, except for Article 2and Annex I.It covers access for air
carriers to scheduled and nonscheduled intra-Community air
services. Special provisions apply to the Greek islands, the Azores
and the airport of Gibraltar.Community air carriers may exercise
traffic rights between airports or airport systems within the
Community where these are open to civil air services.A Member State
may impose a public service obligation (air services meeting fixed
standards to which the air carrier would not operate if he were
considering nothing but his commercial interest) in respect of
scheduled air services to a regional airport on a route which is
considered vital for the economic development of the region.If no
air carrier is yet providing a scheduled service on a route for
which a public service obligation has been imposed, the Member
State may limit access to that route to only one air carrier for a
period of up to three years. The right to operate must be offered
by public tender. The selection must be made as quickly as
possible. In spite of this provision, two months must elapse
between publication and selection but this constraint does not
apply where another Member State whose interests are involved
proposes a satisfactory alternative means of fulfilling the same
public service obligation.The Regulation does not affect a Member
State's right to regulate, without discrimination, the allocation
of traffic to airports forming part of an airport system. The
exercising of traffic rights is subject to Community, national,
regional or local rules relating to safety, the protection of the
environment and slot allocation.When the conditions listed in point
5are not met, a Member State may limit, or refuse, the exercising
of those traffic rights but must first inform the Commission of its
intention. Any Member State may refer the Commission's decision on
such a situation to the Council within one month.In order to carry
out its duties under the Regulation, the Commission may obtain all
necessary information from the Member States and air carriers
concerned.ContextRegulation (EC) n2408/92is repealed and replaced,
as from 1November 2008, by Regulation (EC) n1008/2008establishing
common rules for the operation of air services in the Community. In
particular, this Regulation introduces new rules on access for air
carriers to air routes.REFERENCESActEntry into force - Date of
expiryDeadline for transposition in the Member StatesOfficial
Journal
Regulation (EEC) No2408/921.1.1993-OJ L 24024.8.1992
Amending act(s)Entry into forceDeadline for transposition in the
Member StatesOfficial Journal
Regulation (EC) No1882/200320.11.2003-OJ L 284of 31.10.2003
Regulation (EC) No1791/20061.1.2007
An action plan for airports in Europe: the airport packageThis
Communication reports the state of play regarding airport
management in Europe and emphasises the importance of airports in
the air transport network. The text thus defines the course to be
taken to deal with the expected capacity crunch.ACTCommission
Communication of 24January2007 to the Council, the European
Parliament, the European Economic and Social Committee and the
Committee of the Regions entitled "An action plan for airport
capacity, efficiency and safety in Europe" [COM (2006) 819final -
not published in the Official Journal].SUMMARYIf air traffic
continues to increase at the current rate, Europe will be faced
with a shortfall of infrastructure if no action is taken. Between
now and 2025, over 60European airports will be heavily congested
and the top 20airports will be saturated at least 8-10hours per
day. This weakest link is in fact threatening the efficiency of the
entire air transport network. Congestion will also have a negative
impact on the environment and on safety.In this Communication, the
Commission is announcing five key actions: make better use of
existing airport capacity; develop a consistent approach to air
safety operations at airports; promote "co-modality", the
integration and collaboration between modes of transport; improve
the environmental capacity of airports and the planning framework
for new airport infrastructure; develop and implement
cost-efficient technological solutions.The need for reorganisation
to make better use of existing capacityThe Commission wants to
undertake a precise measurement of airport throughput, with the
support ofEurocontrol, in order to develop common analytical tools
for capacity assessment. With the support of Member States, an
observatory should be set up to supervise existing and planned
capacity.Eurocontrol should also obtain a mandate to develop tools
intended to ensure consistency between airport slots and flight
plans, and to recommend any amendments that may be required to the
applicable legislation.The Commission also proposes to ensure that
developments in the sector are easier to anticipate, by encouraging
collaborative decision-making amongst the various actors involved
in air transport.The European Aviation Safety Agency should also
have its responsibilities extended to include regulating airport
security, as aerodromes are still the least regulated and thus the
weakest link in the air transport network. It is anticipated that
the Commission will adopt a legislative proposal on this matter at
the beginning of 2008.The Commission also recommends the use of
Global Navigation Satellite Systems (GNSS) to reinforce airport
security. They could also permit greater flexibility in the design
of approach and departure routes in order to reduce noise impact or
to permit the completely safe use of more closely spaced airports
or runways. TheSESARprogramme should result in a comprehensive
inclusion of GNSS in operational procedures for air traffic
management.Promoting co-modality and developing new
infrastructuresThe Commission considers that air and rail transport
should become more complementary: improving links between different
modes of transport would offer a large number of benefits. The
Commission thus wishes to: develop rail links between cities and
airports in order to decongest road networks; develop regional
links in order to expand the airports catchment area; introduce
high-speed links between airports and major urban centres.In
highlighting the availability of funding from the TEN-T for
financing co-modality projects, the Commission invites Member
States to support the development of inter-modal inter-changes at
airports, such as rail links or the provision of stations at
airports.At the same time, the Commission wishes to address the
requirements for new infrastructures. It therefore proposes to
improve the planning framework for these, taking more account of
environmental constraints, such as noise impact. The Commission
also wants to simplify procedures and recommend guidelines for best
practice in order to promote better coordination of airport
planning and of wider land-use plans.Developing and implementing
new technologiesAs part of its Research Framework Programmes, the
Commission has financed several projects relating to
Advanced-Surface Movement Guidance and Control Systems (A-SMGCS) to
ensure the routing, guiding and surveillance of aircraft and
vehicles. New technologies have also been developed as part of the
SESAR programme, in order to increase the safety and efficiency of
airport operation.With this airport package, the Commission has
also published a report on the application of theDirective on
access to the groundhandling marketat Community airports.Key terms
in the act
Airport managing body: means a body which, in conjunction with
other activities or not as the case may be, administers and manages
airport infrastructures and ensures the coordination and control of
the activities of various operators at the airport concerned.
Airport charge: means a levy collected for the benefit of the
airport managing body and paid by the airport users and/or air
passengers and intended to cover all or part of the costs of
facilities and services provided exclusively by the managing body
of the airport, these being associated with landing, take-off,
lighting and parking of aircraft and porcessing of passengers and
freight. Security charge: a charge specifically intended to cover
all or part of the cost of security measures intended to protect
civil aviation against acts of unlawful interference.
Harmonisation of civil aviation requirements and proceduresThe
aim of this regulation is to ensure a high level of safety and
improve the functioning of the internal market by incorporating
into European Union (EU) legislation the technical requirements and
administrative procedures in the field of aviation, as drawn up by
the Joint Aviation Authorities (JAA), and requiring EU countries to
comply with them.ACTCouncil Regulation (EEC) No3922/91of 16
December 1991 on the harmonization of technical requirements and
administrative procedures in the field of civil aviation [See
amending act(s)].SUMMARYThis regulation applies to the
harmonisation within the European Union (EU) of technical
requirements and administrative procedures in the field of civil
aviation safety, concerning the operation and maintenance of
aircraft and to persons and organisations involved in those
tasks.The common technical requirements and administrative
procedures, as referred to above, apply to all aircraft used by EU
operators.EU countries were responsible for ensuring that their
competent civil aviation authorities met the requirements for
membership of the Joint Aviation Authorities (JAA) as specified in
the arrangements, and that these arrangements were signed before 1
January 1992.Any aircraft which operates under authorisation
granted by an EU country in accordance with the common technical
requirements and administrative procedures is allowed to operate
under identical conditions in all EU countries, without the need
for further technical requirements or evaluations.There must be a
mutual recognition within the EU of certification granted by an EU
country to persons or bodies under its jurisdiction who are
responsible for the maintenance of products or the operation of
aircraft.EU countries may take immediate action over safety
problems concerning a product, a person or a body covered by this
regulation, regardless of the above provisions.Where safety levels
are found to be inadequate or lacking under the common technical
requirements and administrative procedures, the Commission must
make appropriate proposals to remedy the situation. In exceptional
circumstances, EU countries may also grant derogations from the
technical requirements and administrative procedures covered by
this regulation, provided they are in line with its safety
objectives.The Commission will be assisted by the European Aviation
Safety Agency when drafting any amendments to the requirements
related to cabin crew and to flight and duty time limitations.EU
countries must take the necessary measures to coordinate their
research programmes to improve the safety of civil aircraft and
their operation. The Commission may take any appropriate initiative
to promote these national programmes.EU countries must notify the
Commission of: any new or amended requirements or procedures drawn
up or adopted in accordance with the procedures laid down in the
arrangements; any amendment to the arrangements themselves; the
outcome of consultations with representatives from industry and
other interested parties.The Commission, assisted by the Air Safety
Committee, must amend the common technical requirements and
administrative procedures where such amendments are made necessary
by progress in the field of science and technology. If such
amendments involve a national variant for a given EU country, the
Commission must rule whether or not this variant should be included
in the common technical requirements and administrative
procedures.REFERENCESActEntry into forceDeadline for transposition
in the Member StatesOfficial Journal
Regulation (EEC) No3922/911.1.1992-L 373 of 31.12.1991
Entry into forceDeadline for transposition in the Member
StatesOfficial Journal
Regulation (EC) No1592/200227.9.2002-L 240 of 7.9.2002
Regulation (EC) No1899/200616.1.2007-L 377 of 27.12.2006
Regulation (EC) No1900/200616.1.2007-L 377 of 27.12.2006
Regulation (EC) No8/200812.1.2008-L 10 of 12.1.2008
Regulation (EC) No216/20088.4.2008-L 79 of 19.3.2008
Regulation (EC) No859/200820.9.2008-L 254 of 20.9.2008
Successive amendments and corrections to Regulation (EC) No
3922/91 have been incorporated in the basic text. Thisconsolidated
versionis for reference purposes only.Last updated: 19.07.2Agenda
for General and Business AviationThe increase in air traffic in
Europe requires consideration to be taken of General and Business
aviation in the European Union's transport initiatives. The key
objectives are to improve data collection, ensure proportionality
of rules and regulations, incorporate this sector correctly into
the Commission's initiatives and improve the use of existing
capacities and access to global markets whilst ensuring
environmental sustainability.ACTCommunication from the Commission
dated 11January2008 - "An agenda for Sustainable Future in General
and Business Aviation" [COM (2007) 869final - not published in the
Official Journal].SUMMARYThe Commission has studied the General and
Business aviation sector*and proposes to incorporate it within the
European Union's air transport policy so as to ensure
proportionality of rules and regulations and to optimise existing,
though limited, infrastructures and resources.The scope of this
Communication covers: all civil aircraft operations other than
commercial air transport; on-demand, remunerated, civil air
transport operations (aerial works, aerial training, recreational
flying, on-demand air taxis, etc.).Benefits for the EU of General
and Business aviationGeneral and Business aviation is a
fast-growing sector with a diverse fleet. In fact, it represents
around 50,000motor-powered aircraft in Europe. A further 180,000to
200,000microlight and non motor-powered aircraft are used for sport
and recreation. In 2006, almost 10% of aircraft movements
registered byEurocontrolwere attributable to this sector. This
should continue to develop as a result of factors including: Need
for more mobility, flexibility and point-to-point services;
Increasing congestion at the main airports; Security constraints:
Continuous efforts of enterprises and individuals to increase
productivity gains; Development of new technologies which make
aircraft more efficient and less costly.General and Business
aviation contributes to aeronautical research and development and
constitutes a source of qualified staff for the wider aviation
industry. It also has a specific economic and social use, offering
private individuals, companies and local communities suitable,
flexible and high quality transport services. These services
increase people's mobility, business productivity and regional
cohesion.Agenda for General and Business aviationThe European
Commission has identified seven priorities for a sustainable future
in General and Business aviation, namely: To improve statisticson
General and Business aviation, as policy makers need to have an
up-to-date knowledge of the situation to enable them to properly
regulate this sector; To clarify definitionsin order to avoid
different interpretations of legal definitions, by both operators
and regulators. Such divergence has a negative impact on the
operation of the internal market and prevents standard application
of Community law. More particularly, the Communication from the
Commission clarifies the notions of "State/Civil aircraft" and
"commercial air transport operation"; To ensure proportionate
regulationand to monitor the subsidiarity of regulation given the
highly variable situations in this sector. Regulation (EC)
No216/2008is a good example, since the key requirements apply to
all operators, more stringent standards being added if necessary,
based on applicable criteria. The Commission is particularly
looking into concerns expressed by stakeholders regarding local
flights and light aviation operations; To permit better use of
existing capacity(airports and aerodromes as well as air space) in
order to increase capacities in proportion to the general increase
in traffic. If capacities are not increased, General and Business
aviation risks entering into competition with airlines for access
to air space and infrastructures. The Commission proposes better
planning to make best use of existing infrastructures, new
technological development (automated air traffic systems, satellite
navigation systems, etc.) and creation of an EU Observatory. The
Commission is also implementing a series of reforms within the
framework of theSingle European Skyand theSESARproject; To
facilitate access to global marketsin order to increase European
presence on these markets. The aeronautics construction sector for
General and Business aviation is a healthy sector and new
technologies have been used to provide the EU with a competitive
advantage. The Commission wants to encourage a greater European
presence on global markets. The Commission also supports the
particular interests of commercial business aviation and undertakes
to consider these when developing the EC external air transport
policy and when negotiating Community air service agreements; To
ensure environmental sustainability, since this sector, as with
most other forms of transport, produces noise and gaseous emissions
which have a negative impact on the environment. With the
assistance of theEuropean Aviation Safety Agency(EASA), the
Commission is studying the need to change "essential requirements"
in the area of environmental standards which apply to aviation.
Review of certification standards and improved pilot education
could further contribute to reduction of negative impacts.
Regarding the emission of greenhouse gases, the Commission proposes
to extend the EU Greenhouse Gas Emission Trading Scheme to aviation
including General and Business aviation. It is also examining the
options that exist regarding more environmentally-friendly fuels;
To encourage research and development, as research in this sector
benefits from a very dynamic environment. The competitive and
commercial success of General and Business aviation in the EU
depends heavily on innovation and research implemented in
aeronautics. Consequently, the Commission will be depending on
itsframework research programmein order to encourage initiatives in
this direction.BackgroundAs a result of initiatives such as
extending EU competences in the areas of safety andsecurity,
updating the Single European Sky and implementing newair traffic
managementsystems in Europe, and of the anticipated shortage of
capacities and concerns regarding theenvironmental impact of
aviation, consideration of General and Business aviation is
becoming an urgent matter. Consequently, the Commission is looking
into the specific nature of this sector and proposing an agenda for
a sustainable future for General and Business aviation.Key terms in
the act
General and Business aviation: the expression "General and
Business aviation" describes a wide variety of activities ranging
from recreational flying with non-powered aircraft to the operation
of high-performance business aircraft and specialised aerial
works.
Guidelines on State aid for developing regional
airportsDeveloping the regional airports in the European Union (EU)
enhances the mobility of the general public and gives a boost to
the regions. The Commission wants to help this process along by
laying down competition rules for State aid to airports and
airlines.ACTCommission Communication of 9December2005 "Community
guidelines on financing of airports and start-up aid to airlines
departing from regional airports" [PDF] [Official Journal C 312of
09.12.2005].SUMMARYThe purpose of these guidelines is to clarify
how the competition rules apply to the financing of airports and to
start-up aid granted to airlines by the State. The Commission's aim
is to tackle air transport congestion in the main European airports
and make it easier for the European public to travel, while
ensuring that the competition rules are complied with. It also
takes the view that developing the regional airports also helps to
develop the regional economies concerned.Financing of airportsThe
Commission makes it clear that the financing and provision of
airport infrastructure by the public authorities must comply with
the Community rules on State aid. Aid may be justified and declared
compatible provided it meets an objective of general interest, such
as regional development or accessibility. Additional conditions are
that the aid must be in proportion to the objective set and must
not adversely affect the development of trade within the
EU.Addressing the issue of subsidies for the operation of airport
infrastructure, the Commission makes a distinction according to
airport size since, while funding granted to airports with fewer
than one million passengers a year is unlikely to distort
competition or affect trade to an extent contrary to the common
interest, an operating subsidy for an airport with more than one
million passengers a year may constitute State aid and must
therefore be notified to the Commission, which will examine its
impact on competition and trade between Member States and, where
appropriate, its compatibility. On the other hand, the Commission
has decided that public service compensation constituting State aid
granted to airports with fewer than one million passengers
entrusted with a mission of general economic interest should be
exempted from the notification obligation and declared
compatible.Start-up aid for airlinesStart-up aid granted to
airlines operating from regional airports is a way of attracting
airlines to new destinations. Operating aid of this kind is
justifiable, temporarily, only in the case of small airports that
do not yet have the critical mass needed to reach break-even point.
In addition, the aid must provide airlines with the necessary
incentive to create new routes or new schedules operated from the
regional airports in question.Large airports, on the other hand,
benefit from economies of scale and are able to attract
connections. This results in air traffic being concentrated on a
small number of hubs which are then faced with major congestion
problems. Encouraging the development of regional airports will
help to make air traffic in Europe less congested and provide scope
for economic development in the regions concerned.Consequently, the
Commission considers that start-up aid for the operation of new
routes should be allowed for a maximum of three years (five years
in the case of the outermost regions). The duration of start-up aid
is clearly a sensitive issue. A balance needs to be found between
facilitating the development of regional airports in their
formative years and open and fair competition between European
airports. The Commission takes the view that a period of three
years (five years in the case of the outermost regions) meets the
objectives of regional development while satisfying the
requirements of fair competition.This type of State aid may be
granted to airlines either by a public authority (central, regional
or local government) or through the airports that receive public
subsidies. The Commission emphasises the fact that subsidies must
be granted only for new routes or new schedules.In addition, it
will not be acceptable to grant start-up aid for a new air route
corresponding to an existing high-speed rail link. This concern to
ensure that the different modes of transport are mutually
complementary is a reflection of the intermodal approach that the
Commission is seeking to promote, e.g. by encouraging cooperation
between the rail and air transport sectors in an effort to deal
more effectively with the effects of saturation and pollution
around urban areas.The State aid guidelines apply equally to both
private and public airports. The term "State aid" refers to the
origin of the funds not the status of the airport. For example, a
public airport may act as a private investor by granting subsidies
to airlines from its own resources on the basis of commercial
profitability considerations. Conversely, if a private airport uses
public resources, granted by a regional or local authority for
example, this constitutes State aid.The Commission recognises the
role of airlines and airports in the process of opening up European
airspace and certain regions. The exponential growth of low-cost
carriers in Europe has done much to help the establishment of a
network of interregional air routes, making it easier for the
general public to travel and promoting the growth of the local
economies and job creation.BackgroundThese guidelines set out a
legal framework for the financing of airports and for State
start-up aid used by regional airports for the benefit of airlines.
They thus spell out the principles underlying Commission
Decision2004/393/ECof 12February2004 in the Ryanair/Charleroi case.
These new guidelines add to rather than replace the1994 guidelines.
They are the outcome of extensive consultation of the various
parties involved in air transport and its effects on regional
development.RELATED ACTSCommission Decision2004/393/ECof
12February2004 concerning advantages granted by the Walloon Region
and Brussels South Charleroi Airport to the airline Ryanair in
connection with its establishment at Charleroi [OJ L 137of
30.04.2004].Community guidelines on the application of Articles
92and 93of the EC Treaty and Article 61of the EEA Agreement to
State aids in the aviation sector [OJ C 350of
10.12.1994].Statistical returns in respect of the carriage of
passengers, freight and mail by airThe European Union (EU) should
have at its disposal comparable, consistent, synchronised and
regular statistical data on the scale and development of the
carriage of passengers, freight and mail by air within the EU. This
regulation therefore aims to establish a solid statistical base on
which to formulate the EU aviation policy.ACTRegulation (EC)
No437/2003of the European Parliament and of the Council of
27February2003 on statistical returns in respect of the carriage of
passengers, freight and mail by air [See amending acts].SUMMARYThe
objective of this regulation is to collect reliable, regular,
up-to-date, harmonised and comparable information on the carriage
of passengers, freight and mail by air. Collecting common data on a
comparable or harmonised basis will make it possible to provide an
integrated system supplying reliable, consistent and prompt
information.Each European Union (EU) country must collect
statistical data on: passengers; freight and mail; flight stages;
passenger seats available; aircraft movements.Each EU country must
also collect all the specified data for all EU airports in its
territory with traffic in excess of 150000passenger units per
year.Where possible, the collection of data shall be based on
available sources so as to minimise the burden on respondents.
Where an EU country calls upon a respondent to provide information,
the respondent is obliged to give true and complete information
within the given deadline. The collection of data must be based on
complete returns unless other standards of accuracy are established
by the Commission. EU countries must transmit the results of the
data processing, including data declared confidential, to
theStatistical Office of the European Communities(EUROSTAT).At the
request of the Commission, EU countries must communicate all
information concerning the methods used in the collection of data,
as well as any substantive changes to those methods.After data have
been collected over a period of three years, the Commission is to
submit a report to the European Parliament and the Council on the
experience acquired in applying the regulation.REFERENCESActEntry
into forceDeadline for transposition in the Member StatesOfficial
Journal
Regulation (EC) No437/200331.3.2003-OJ L 66, 11.3.2003
Amending act(s)Entry into forceDeadline for transposition in the
Member StatesOfficial Journal
Regulation (EC) No219/200920.4.2009-OJ L 87, 31.3.2009
Successive amendments and corrections to Regulation (EC) No
437/2003have been incorporated in the basic text. Thisconsolidated
versionis for reference purposes only.Groundhandling at Community
airportsThe groundhandling services at European Union (EU) airports
to which access is being opened up include all the activities
carried out at the airport to enable airlines to carry out air
transport activities (taxi guidance, cleaning, refuelling, baggage
services, etc.)ACTCouncil Directive96/67/ECof 15 October 1996 on
access to the groundhandling market at Community airports [See
amending acts].SUMMARYThe Directive applies to all Community
airports open to commercial traffic whose annual traffic is not
less than two million passenger movements or 50 000 tonnes of
cargo.The managing body of an airport*, the airport user*or the
supplier*of groundhandling services must, under the supervision of
the designated auditor, rigorously separate the accounts of their
groundhandling activities from the accounts of their other
activities.In parallel, the Member States may: set up, for each of
the airports concerned, a committee of representatives of airport
users to represent users' interests; require that suppliers of
groundhandling services be established within the Community; they
may limit the number of suppliers authorised to provide categories
of groundhandling services such as baggage handling, ramp handling,
fuel and oil handling, cargo and mail handling; reduce to two the
number of users able to provide self-handling for groundhandling
services such as: baggage handling, ramp handling, fuel and oil
handling, cargo and mail handling; benefit from exemptions (limited
in time) where at an airport, specific constraints of available
space or capacity make it impossible to open up the market and/or
implement self-handling; reserve for one body, under certain
conditions, the management of the centralized infrastructures which
cannot be divided up or the cost of which does not allow for
duplication. In parallel, subject to certain conditions, Member
States may grant exemptions to airports where specific constraints
make it impossible to open up the market and/or implement
self-handling to the degree provided for in the Directive; oblige
the supplier chosen at an airport to also operate on islands
forming part of the territory of the Member State; subject the
activity of suppliers of groundhandling services to the requirement
to obtain a licence issued by a public authority independent of the
airport, in order to guarantee safety, security, environmental
protection and compliance with social legislation; take the
necessary measures to ensure that suppliers of groundhandling
services and airport users wishing to self-handle have access to
airport installations. Where access to these installations is
subject to a fee, the fee shall be determined according to
relevant, objective, transparent and non-discriminatory criteria.
adopt, subject to the other provisions of Community law, the
necessary measures to ensure the protection of workers' rights and
respect for the environment.BackgroundThis Directive provides for a
gradual implementation schedule, according to whether self-handling
services or third party handling services are involved. With regard
to self-handling (services that airlines can provide themselves),
the Directive applies from 1 January 1998. With regard to third
party handling services (services provided by third party
companies), the Directive applies from 1 January 2001. From 1
January 2001, the Directive applies to any airport located on the
territory of a Member State at which the annual traffic is not less
than 2 million passenger movements or 50 000 tonnes of cargo.Key
terms used in the act
Manager: the body responsible for administrating and managing
airport infrastructures and supervising and coordinating the
activities carried out by different operators. User: natural or
legal person carrying passengers, mail or cargo by air. Service
provider: natural or legal person providing to third parties one or
more categories of groundhandling services.
REFERENCESActEntry into force - Date of expiryDeadline for
transposition in the Member StatesOfficial Journal
Directive96/67/EC14.11.1996-OJ L 272, 25.10.1996
Amending act(s)Entry into forceDeadline for transposition in the
Member StatesOfficial Journal
Regulation (EC) No1882/200320.11.2003-OJ L 284, 31.10.2003
A common framework for airport chargesThe aim of this directive
is to establish a common framework regulating airport charges at
European Union airports.ActDirective2009/12/ECof the European
Parliament and of the Council of 11 March 2009 on airport
charges.SUMMARYThis directive is aimed at creating a common
framework for the regulation of airport charges*at European Union
(EU) airports. It shall apply toany airport: located in a territory
subject to the Treaty whose annual commercial traffic is over five
million passenger movements; with the highest number of passengers
in the EU country.This directive shall not apply to charges:
collected for the remuneration of en route and terminal air
navigation services in accordance with Regulation1794/2006/EC;
collected for the remuneration of groundhandling services referred
to in the Annex to Directive96/67/EC; levied for the funding of
assistance to disabled passengers and passengers with reduced
mobility referred to in
Regulation1107/2006/EC.Non-discriminationAirport charges must not
discriminate between airport users*. However, charges may be
modulated for issues of: general and public interest; environmental
interest.Airport networkA managing body*of an airport network may
decide to introduce a charging system to cover the entire network
in a transparent manner.Common charging systemsAn airport managing
body shall be authorised to apply a common and transparent charging
system for airports serving the same urban community or
conurbation.Consultation and remedyAirport users or the
representatives of associations of users shall be consulted
regularly with respect to: the operation of the system of airport
charges; the level of airport charges and, as appropriate; the
quality of service provided.Consultation shall take place at least
once a year, unless: agreed otherwise in the latest consultation;
an agreement between the airport managing body and the airport
users states otherwise; the EU country decides to request more
frequent consultations.Transparency requirementsAirport users or
representatives of airport users shall be informed about the
components serving as a basis for determining the level of charges.
The information shall include: the various services and
infrastructure provided in return for the airport charge levied;
the methodology used for setting airport charges; the revenue of
the different charges; any financing from public authorities of the
facilities and services which airport charges relate to; forecasts
of the situation at the airport as regards charges.Airport users
shall be required to submit the following information to the
airport managing body before every consultation: forecasts as
regards traffic and use of their fleet; their development projects
and their requirements at the airport concerned.New
infrastructureAirport managing bodies shall consult with airport
users before plans for new infrastructure projects are
finalised.Differentiation of servicesThe difference in quality and
scope of services decided by an airport managing body may result in
a variation in airport charges.Independent supervisory authorityEU
countries shall be required to establish an independent supervisory
authority. It shall ensure the correct application of the measures
taken to comply with this directive. The authority may delegate
tasks to other independent supervisory authorities.ContextThis
directive meets the need to harmonise the system for setting
airport charges.
Key terms of the Act
Airport managing body: a body which, in conjunction with other
activities or not as the case may be, has as its objective under
national laws, regulations or contracts the administration and
management of the airport or airport network infrastructures and
the coordination and control of the activities of the different
operators present in the airports or airport network concerned.
Airport user: any natural or legal person responsible for the
carriage of passengers, mail and/or freight by air to or from the
airport concerned. Airport charge: a levy collected for the benefit
of the airport managing body and paid by the airport users for the
use of facilities and services, which are exclusively provided by
the airport managing body and which are related to landing,
take-off, lighting and parking of aircraft, and processing of
passengers and freight.
REFERENCESActEntry into forceDeadline for transposition in the
Member StatesOfficial Journal
Directive2009/12/EC12.3.200915.3.2011OJ L 70 of 14.3.2009
Allocation of time slotsWith the increase of air traffic, there
is a continuously growing demand for capacity at congested
airports. Slots, that is to say the permission to land and take-off
at a specific date and time at congested airports, are essential
for airlines' operations. Slots will be distributed in an
equitable, non-discriminatory and transparent way by an independent
coordinator. The aim of the EU framework is to ensure the fullest
and most efficient use of existing capacity at congested EU
airports while maximizing consumers' benefits and promoting the
competition.ACTCouncil Regulation (EEC) No95/93of 18 January 1993
on common rules for the allocation of slots at Community airports
[see amending acts].SUMMARYThe aim of this regulation is to ensure
that where airport capacity is scarce, the available landing and
take-off slots*are used efficiently and distributed in
anequitable,non-discriminatoryandtransparentway.The regulation lays
down the objective criteria on the basis of which an airport can be
designated "coordinated" or "schedules facilitated" on the grounds
that its capacity is insufficient.European Union (EU) countries can
designate any airport a "coordinated airport"*provided that a
capacity analysis is carried out and there is a serious shortfall
of capacity which cannot be resolved in the short term.Coordinator
/ Schedules facilitatorThe EU country responsible for a coordinated
or schedules facilitated airport*ensures the appointment as airport
coordinator or schedules facilitator of a qualified natural or
legal person with extensive experience of the coordination involved
in planning the movements of air carrier aircraft. The coordinator
/ schedules facilitator acts in a neutral, non-discriminatory and
transparent manner and should be functionally separated from any
single interested party. Moreover, thesystem of financingthe
coordinators activities will be such as toguarantee the
coordinators independent status. The same coordinator may be
appointed for more than one airport.Airport capacityAirport slot
capacity available for allocation is determined twice yearly by the
competent authorities, according to the two programming 'seasons'
(winter and summer) in place in international aviation. Calculation
of an airports capacity is based on an objective analysis of the
possibilities of accommodating the air traffic.Air carriers must
provide the coordinator with any relevant information requested by
him.Coordination committeeThe EU country responsible shall ensure
that a coordination committee is set up at a coordinated airport.
The coordination committee makes proposals and advises the
coordinator on all questions relating to the capacity of the
airport, and in particularopportunities to increase capacity,
coordination parameters, methods of monitoring, and local
guidelines. Membership of this committee is open to: air carriers
using the airport; the managing body of the airport; air traffic
control authorities; general aviation representatives.Procedure for
allocation of time slotsThe general principle regarding slot
allocation is that an air carrier having operated its particular
slots for at least 80 % during the summer/winter scheduling period
is entitled to the same slots in the equivalent scheduling period
of the following year (so calledgrandfather rights). Consequently,
slots which are not sufficiently used by air carriers are
reallocated (the so called"use it or lose it" rule).The Regulation
provides for the setting up of"pools"containing newly-created time
slots, unused slots and slots which have been given up by a carrier
or have otherwise become available.The coordinator also takes into
account additional rules and guidelines established by the air
transport industry and local guidelines proposed by the
coordination committee and approved by the EU country or any other
competent body responsible for the airport.If a requested slot
cannot be accommodated, the coordinator informs the requesting air
carrier of the reasons therefore and indicates the nearest
alternative slot.Slots may beexchangedortransferredbetween airlines
in certain specified circumstances (for instance, partial or total
takeover, or transfer to a different route or traffic mode). In
such cases, explicit confirmation from the coordinator is always
required.An EU country may reserve certain slots for regional
services.EnforcementAn air carrier's flight plan may be rejected by
the competent Air Traffic Management authorities if the air carrier
intends to land or take off at a coordinated airport without having
a slot allocated by the coordinator. If an air carrier repeatedly
and intentionally operates air services at a significantly
different time from the allocated slots or in a significantly
different way, the coordinator may decide to withdraw from that air
carrier the series of slots in question. Consequently, that air
carrier may lose its grandfather rights. EU countries shall ensure
thateffective, proportionate and dissuasive sanctionsare available
to deal with this type of situations.Key terms used in the act
Slot: a permission given by a coordinator to use the full range
of airport infrastructure necessary to operate an air service at a
coordinated airport on a specific date and time for the purpose of
landing or take-off. Schedules facilitated airport: an airport with
a potential for congestion at some periods and where a schedules
facilitator has been appointed to facilitate the operations of air
carriers operating or intending to operate at that airport.
Coordinated airport: an airport with a high level of congestion
where demand exceeds capacity during the relevant period and where,
in order to land or take off, it is necessary for an air carrier to
have a slot allocated by a coordinator.
REFERENCESActEntry into forceDeadline for transposition in the
Member StatesOfficial Journal
Regulation (EEC) No95/9321.2.1993-OJ L 14 of 21.2.1993
Amending act(s)Entry into forceDeadline for transposition in the
Member StatesOfficial Journal
Regulation (EC) No894/200201.6.2002-OJ L 142 of 31.5.2002
Regulation (EEC) No1554/200305.9.2003-OJ L 221 of 04.9.2003
Regulation (EC) No793/200430.7.2004-OJ L 138 of 30.4.2004
Regulation (EC) No545/200927.6.2009-OJ L 167 of 29.6.2009
RELATED ACTSCommunication from the Commission of 30 April 2008
on the application of Regulation (EEC) No 95/93 on common rules for
the allocation of slots at Community airports, as amended [COM
(2008) 227final Not published in the Official
Journal].Communication from the Commission of 15 November 2007 on
the application of Regulation (EC) 793/2004 on common rules for the
allocation of slots at Community airports [COM/2007/0704final - Not
published in the Official Journal].Insurance for air carriers and
aircraft operatorsFollowing the terrorist attacks in the United
States on the air transport industry, the European Union (EU) has
taken an interest in insurance requirements in the aviation
industry. In the framework of the common transport policy, and in
order to foster consumer protection and avoid distortion of
competition between air carriers, the EU would like to ensure a
proper minimum level of insurance to cover liability of air
carriers in respect of passengers, baggage, cargo and third
parties.ACTRegulation (EC) No785/2004of the European Parliament and
of the Council of 21April2004 on insurance requirements for air
carriers and aircraft operators [See amending act(s)].SUMMARYThe
objective of this regulation is to establish minimum insurance
requirements for air carriers and aircraft operators in respect of
passengers, baggage, cargo and third parties, for both commercial
and private flights.With regard to the carriage of mail, the
insurance requirements are those set out in Regulation (EEC)
No1008/2008and in the national laws of the European Union (EU)
countries.ScopeThis regulation applies to all air carriers and to
all aircraft operators flying within, into, out of, or over the
territory of an EU country.This regulation does not apply to: state
aircraft (military, Customs department or police aircraft); model
aircraft with an MTOM*of less than 20kg; foot-launched flying
machines (including powered paragliders and hang gliders); captive
balloons; kites; parachutes (including parascending parachutes);
aircraft, including gliders, with an MTOM of less than 500kg, and
microlights, which are used for non-commercial purposes, or for
flight instruction (in so far as the insurance obligations under
this Regulation relating to the risks of war and terrorism are
concerned).This regulation is intended to apply to Gibraltar
airport. The Governments of Spain and the United Kingdom will
inform the Council of the date of application.Principles of
insuranceThis regulation requires air carriers and aircraft
operators to be insured, in particular in respect of passengers,
baggage, cargo and third parties, to cover the risks associated
with aviation-specific liability (including acts of war, terrorism,
hijacking, acts of sabotage, unlawful seizure of aircraft and civil
commotion).This regulation is without prejudice to the rules on
liability as arising from international Conventions, EU law and the
national law of the EU countries.ComplianceAir carriers and, when
so required, aircraft operators, must demonstrate compliance with
the insurance requirements set out in this regulation by providing
the competent authorities of the EU country concerned*with a an
insurance certificate or other evidence of valid
insurance.Insurance in respect of liability for passengers, baggage
and cargoFor liability in respect of passengers, the minimum
insurance cover must be 250000SDRs*per passenger. However, in
respect of non-commercial operations by aircraft with a MTOM of
2700kg or less, EU countries may set a lower level of minimum
insurance cover, provided that such cover is at least 100000SDRs
per passenger.For liability in respect of baggage, the minimum
insurance cover must be 1131SDRs per passenger in commercial
operations.For liability in respect of cargo, the minimum insurance
cover must be 19SDRs per kilogram in commercial operations.The
levels of cover set out above do not apply with respect to flights
over the territory of the EU country carried out by non-EU air
carriers and by aircraft operators using aircraft registered
outside the EU which do not involve a landing on, or take-off from,
such territory.Insurance in respect of liability for third
partiesFor liability in respect of third parties, the minimum
insurance cover per accident and per aircraft must
be:CategoryMTO(kg)Minimum insurance(million SDRs)
1 5000,75
2 10001,5
3 27003
4 60007
5 1200018
6 2500080
7 50000150
8 200000300
9 500000500
10 500000700
Enforcement and sanctionsEU countries must ensure that air
carriers and aircraft operators comply with the regulation.With
respect to overflights by non-EU air carriers or aircraft
registered outside the EU which do not involve a landing on or
take-off from any EU country, as well as with respect to stops in
EU countries by such aircraft for non-traffic purposes, the EU
country concerned may request evidence of compliance with the
insurance requirements laid down in this regulation.Sanctions
imposed by EU countries for infringement of this regulation must be
effective, proportional and dissuasive. For EU air carriers, these
sanctions may include the withdrawal of the operating licence. With
regard to non-EU air carriers and to aircraft operators using
aircraft registered outside the EU, the sanctions may include
refusal of the right to land on the territory of an EU
country.Where EU countries are not satisfied that the conditions of
this regulation are met, they must prohibit an aircraft from taking
off until the air carrier or aircraft operator concerned has
produced evidence of adequate insurance cover.Key terms used in the
act
"MTOM" means Maximum Take Off Weight, which corresponds to a
certified amount specific to all aircraft types as stated in the
certificate of airworthiness of the aircraft. "EU country
concerned" means the EU country which has granted the operating
licence to the EU air carrier or the EU country where the aircraft
of the aircraft operator is registered. For non-EU air carriers and
aircraft operators using aircraft registered outside the EU, it
means the EU country to or from which the flights are operated.
"SDR" means a Special Drawing Right or a potential claim on the
freely usable currencies of International Monetary Fund members
(SDR as defined by the IMF).
REFERENCESActEntry into forceDeadline for transposition in the
Member StatesOfficial Journal
Regulation (EC) No785/200430.4.2005-OJ L 138of 30.4.2004.
Amending act(s)Entry into forceDeadline for transposition in the
Member StatesOfficial Journal
Regulation (EC) No1137/200811.12.2008-OJ L 311of 21.11.2008
Regulation (EC) No285/20108.4.2010-OJ L 87of 7.4.2010
Successive amendments and corrections to Regulation (EC) No
785/2004have been incorporated in the basic text. Thisconsolidated
versionis for reference purposes only.RELATED ACTSRegulation (EC)
No1008/2008of the European Parliament and of the Council of
24September2008 on common rules for the operation of air services
in the Community [Official Journal L 293of
31.10.2008].Communication from the Commission to the European
Parliament and the Council Insurance requirements for aircraft
operators in the EU - A Report on the operation of Regulation
785/2004 [COM(2008) 216final not published in the Official
Journal].Regulation (EC) No889/2002of the European Parliament and
of the Council of 13May2002 amending Council Regulation (EC) No
2027/97on air carrier liability in the event of accidents (Text
with EEA relevance) [Official Journal L 140of 30.05.2002].This
regulation deals with the liability of air carriers in respect of
passengers, and has applied since the entry into force of the
Montreal Convention in the European Union on 30April 2004.Council
Decision2001/539/ECof 5April2001 on the conclusion by the European
Community of the Convention for the Unification of Certain Rules
for International Carriage by Air (the Montreal Convention)
[Official Journal L 194of 18.07.2001].With Council
Decision2001/539/ECthe Community concluded the Convention for the
Unification of Certain Rules Relating to International Carriage by
Air, agreed at Montreal on 28May 1999, which lays down new rules on
liability in respect of the international carriage by air of
persons, baggage and cargo.Civil aviation licencesArchivesThis
directive aims to establish a Community procedure for the mutual
acceptance of licences and qualifications of persons working in
civil aviation in order to ensure that air transport services
operate efficiently and safely and to guarantee free movement of
these workers throughout the Community.ACTCouncil
Directive91/670/EECof 16December1991 on the mutual acceptance of
licences for persons working in civil aviation [Official Journal L
373of 31.12.1991].SUMMARYThe Directive applies to procedures for
the mutual acceptance of licences issued by the Member States to
flight crews in civil aviation.Description of the conditions under
which Member States have to accept licences issued by other Member
States, together with the associated privileges and certificates.
Holders of private pilot licences may fly aircraft registered in
another Member State. This recognition is limited to the exercise
of the privileges of the holder of a private pilot's licence and of
associated aircraft ratings under visual flight rules (VFR) by day
only in an aircraft certificated for single-pilot operations.A
Member State must accept any licence issued by another Member State
in accordance with the Chicago Convention on International Civil
Aviation, provided that the holder has complied with the special
validation requirements described in the annex to the Directive.The
Commission drew up and sent to all Member States a comparative
survey of the requirements individuals must meet in order to
qualify for licences covering the same activities issued in each
Member State to enable the competent authorities to assess the
extent to which licences issued by other Member States are the
equivalent of their own. Description of the procedure to be
followed by a Member State when a licence cannot be accepted
because it is not equivalent.The Directive provides that nationals
of all Member States are to be admitted to public and private
training institutions and to examinations in any Member State on
the same basis as its own nationals.Member States may choose
whether to accept licences issued by Member States on the basis of
licences issued by third countries.As from 7April 2008,
Directive91/670/EECwill be repealed by Regulation (EC)
No216/2008which establishes a framework for the definition and
implementation of technical rules and common admistrative
procedures in the field of civil aviation, and sets up a European
Aviation Safety Agency (EASA). In particular, this Regulation
defines the different qualifications required for the allocation of
licences for pilots and cabin crew, conditions for their issue, and
the privileges and responsibilities of holders of
licences.REFERENCES
ActEntry into forceDeadline for transposition in the Member
StatesOfficial Journal
Directive91/670/EEC-01.06.1992OJ L 373of 31.12.1991
RELATED ACTSOpinion 93/245/EEC, Official Journal L 111,
05.05.1993Commission Opinion of 26April1993 concerning the
application of article 4(2) of Directive91/670/EECon mutual
acceptance of personnel licences for the exercise of functions in
civil aviation - equivalence of French, Irish and Portuguese pilot
licences.The Opinion was issued following a request by the French
authorities regarding equivalence between pilot licences issued by
Ireland and Portugal and those issued by France. The Commission
considers that an Irish or Portuguese air transport pilot licence
may be considered as equivalent to a comparable French licence if
it includes a pilot-in-command rating for multi-engined aircraft of
more than 5700kg (FAR/JAR category 25) or any other aircraft
considered as equivalent by the French authorities.Opinion
93/456/EEC-Official Journal L 213, 24.08.1993Commission Opinion of
23July1993 concerning the application of Article 4(2) of
Directive91/670/EECon mutual acceptance of personnel licences for
the exercise of function in civil aviation - equivalence of United
Kingdom, French and Belgian pilot licences.The Opinion was issued
following a request by the French authorities. The Commission
considers that Belgian and French pilot licences may be considered
equivalent. A United Kingdom licence may also be considered to be
equivalent to a comparable French licence if it includes a
pilot-in-command rating for multi-engined aircraft of more than
5700kg (FAR/JAR 25).Opinion 93/551/EEC-Official Journal L 267,
28.10.1993Commission Opinion of 5October1993 concerning the
application of Article 4(2) of Directive91/670/EECon mutual
acceptance of personnel licences for the exercise of functions in
civil aviation - equivalence of Belgian and United Kingdom pilot
licences. This Opinion was issued following a request by the
Belgian authorities regarding the equivalence of pilot licences
issued by Belgium and the United Kingdom. The Commission considers
a United Kingdom pilot licence may be considered equivalent to a
comparable licence issued in Belgium if it includes a
pilot-in-command rating for multi-engined aircraft of more than
5700kg (JAR 25).Opinion 93/565/EC-Official Journal L 273,
05.11.1993Commission Opinion of 4November1993 concerning the
application of Article 4(2) of Council Directive91/670/EECon mutual
acceptance of personnel licences for the exercise of functions in
civil aviation - equivalence of a Dutch professional pilot (B3)
licence and a German airline transport pilot (A2) licence.Traffic
management: air traffic controller licencesEuropean airspace
remains one of the world's most congested traffic areas.
Fragmentation of the air management system into national "islands"
of rules, procedures, markets and performance levels is now the
main impediment to making progress in this industry. It is
therefore important that the entrance conditions and conditions of
practice relating to the profession of air traffic controller be
harmonised. The single European sky package is designed to remedy
this fragmentation through a number of initiatives, one of which is
the Community air traffic controller licence, by which Community
rules can be introduced which will ensure higher levels of
safety.ACTDirective2006/23/ECof the European Parliament and of the
Council of 5April2006 on a Community air traffic controller
licence.SUMMARYThis Directive applies to applicants for a student
air traffic controller licence and to air traffic controllers
employed by air navigation service providers operating mainly in
the field of general air traffic.Member States must designate a
body or bodies as their national supervisory authority to take on
the tasks assigned to such authorities under the new rules. Member
States must ensure that national supervisory authorities exercise
their powers impartially and transparently.The Directive will: lay
down rules on all the elements of the licensing chain; make the
institutional framework laid down in the Single European Sky
legislation applicable to training; training is seen as a service
similar to air navigation services, including the possibility of
inspections and surveys; specify the conditions for obtaining and
maintaining a licence; harmonise competencies by imposing a
structure of ratings and endorsements which specify the type of
service that the air traffic controller is competent to deliver;
give further guarantees of a high level of competence, particularly
through the auditing requirement and the system for approving
examiners.The provision of air navigation services requires highly
skilled personnel. For air traffic control the appropriate means is
the Community licence, to be seen as a kind of diploma. In this
context, air traffic controller licences will be issued to
applicants who: hold at least a secondary education diploma (or
equivalent degree) or a diploma granting access to university; have
successfully completed an approved initial training course relevant
to the rating, including practical training and simulation; hold a
valid medical certificate; medical certificates must be issued in
accordance with the international medical requirements; have
demonstrated an adequate level of linguistic ability; Member States
must ensure that air traffic controllers can demonstrate the
ability to operate in English and possibly the local language.At
the same time, applicants must: be at least 18years old; hold a
student licence; hold a valid medical certificate; have
demonstrated an adequate level of linguistic ability in accordance
with the set requirements.Each Member State must recognise the
licence and its associated ratings and endorsements issued by the
national supervisory authority of another Member State. This should
lead to the recognition of licences throughout the Community,
thereby increasing both freedom of movement and the availability of
air traffic controllers.This directive is repealed by Regulation
(EC) No1108/2009from December 2012.BackgroundThe objective of this
Directive is to raisesafety standardsand improve the operation of
the Community air traffic control system through the issuance of a
Community air traffic controller licence.Air traffic controllers
are a key link in the safety chain. The licence is thus part of a
wider Community safety policy enshrined in the package. It should
provide the opportunity to revise or reinforce safety aspects of
air traffic management and introduce high standards for the
training system.TheInternational Civil Aviation Organisation(ICAO)
has adopted provisions on air traffic controller licensing,
including linguistic requirements. In addition, the European
Organisation for theSafety of Air Navigation(Eurocontrol) has
adopted Eurocontrol Safety Regulatory Requirements relating to
training and licensing. However, despite these many international
regulations, licensing remains highly fragmented in the European
Union Member States.REFERENCESActEntry into force - Date of
expiryDeadline for transposition in the Member StatesOfficial
Journal
Directive2006/23/EC17.5.200617.5.2008OJ L 114, 27.4.2006
RELATED ACTSRegulation (EC)No550/2004of the European Parliament
and of the Council of 10March2004 on the provision of air
navigation services in the single European sky (the service
provision Regulation) [Official Journal L 96, 31.3.2004].Regulation
(EC) No549/2004of the European Parliament and of the Council of
10March2004 laying down the framework for the creation of the
single European sky (the framework Regulation) - Statement by the
Member States on military issues related to the single European sky
[Official Journal L 96, 31.3.2004].Protection of air
passengersFollowing this Communication, the Commission launched a
campaign to inform air passengers of their rights under Community
legislation. The Commission presents its legislative strategy,
which aims to give more protection to the interests of air
passengers. At the same time, it will seek to obtain voluntary
commitments from airlines and compare their performance. It will
also aim to achieve better representation for the interests of air
passengers.ACTCommission Communication of 21June2000 to the
European Parliament and to the Council regarding the protection of
air passengers in the European Union [COM(2000) 365final - Not
published in the Official Journal].SUMMARYThis Communication is
based on the results of a consultative document launched by the
Commission. This document, which was addressed to organisations
representing airlines, passengers and airports, concerned the
problems encountered by air passengers and possible solutions.Air
passengers and their protectionGrowth of air transport, stimulated
by the development of the single market, is giving rise to much
dissatisfaction today in terms of the quality of service provided
by airlines. In spite of numerous measures already taken at
Community level (compensation fordenied boarding,liability in case
of accidents, acode of conduct for computerised reservation
systemsandpackage travel), it appears that passengers have little
knowledge of their rights. This has led the Commission to launch an
awareness campaign through the display of a "charter of passenger's
rights" in European airports (available in all languages as a PDF
document available for download on the website of DG Energy and
Transport).The policy proposed in this Communication combines both
Community law, through various legislative acts, and voluntary
commitments by the air transport sector. The Commission is counting
on the cooperation of the airlines and airports to allow looser
European legislation, preferring solutions negotiated on a
voluntary basis. There is a need to avoid overregulation so as not
to lessen the scope for competition or hamper cooperation between
airlines.The Commission points out that future legislation will
seek a balance between legal certainty for passengers and for
airlines, while guaranteeing more rights for passengers. They must
be able to obtain accurate and up-to-date information on airlines'
performance so that they can make informed choices. Moreover, the
difficulty of settling disputes must be addressed. The handling of
complaints is often disappointing. Besides, representation of
passenger interests is often weak when compared with very
influential airlines.Commission proposalsThe Commission is
proposing to base its action on both legislation and voluntary
commitments. The legislation to be proposed will have three
objectives: enable delayed passengers to continue their journeys
under good conditions, by giving them the right either to
reimbursement of the ticket or to an alternative flight at the
earliest opportunity; create new rights for passengers, by setting
minimum requirements for air travel contracts. The aim would be to
create certainty for passengers by requiring the airlines to draft
contracts clearly setting out the services offered and the
conditions applied. The Commission also wishes to improve the
balance of contracts in favour of passengers; give passengers the
information they need to make well-founded choices between
airlines. The Commission is proposing, on the basis of data
submitted by the airlines, to publish regular reports for
consumers.The voluntary commitments concern: improvement of service
quality (lower fares, better information, easier complaints
procedures); care for delayed passengers; simpler procedures for
lodging complaints and mechanisms for settling disputes out of
court.The Commission is also proposing to involve airports in this
attempt to improve service to passengers.Commission work
programmeIn 2000, the Commission set out the following tasks:
discuss how best to strengthen the representation of passengers
with Member States and passengers' organisations. examine the
effects of Internet sales and reservations on the market and
competition rules. study the effects on competition of code sharing
and of tariff coordination in interlining. assess the impact of
cabin conditions on passengers' health.RELATED ACTSRegulation (EC)
No2111/2005of the European Parliament and of the Council of
14December2005 on the establishment of a Community list of air
carriers subject to an operating ban within the Community and on
informing air transport passengers of the identity of the operating
air carrier, and repealing Article 9of Directive2004/36/EC[Official
Journal L 344of 27.12.2005].This Regulation provides for the
publication of a "black list" of air carriers that do not comply
with European safety criteria and which have been banned from
operating in the European Union. Under this Regulation, passengers
are given the right to know the identity of the air carrier that is
operating their flight.Regulation (EC) No261/2004of the European
Parliament and of the Council of 11February2004 establishing common
rules on compensation and assistance to passengers in the event of
denied boarding and of cancellation or long delay of flights, and
repealing Regulation (EEC) No295/91[Official Journal L 46of
17.2.2004].Council Resolution of 2October2000 on the rights of air
passengers [Official Journal C 293of 14.10.2000].Council Regulation
(EC) No2027/97of 9October1997 on air carrier liability in the event
of accidents [Official Journal L 285of 17.10.1997].Amended
by:Regulation (EC) No889/2002of the European Parliament and of the
Council of 13May2002 [Official Journal L 140of
30.5.2002].Commission Staff Working Paper. An International
Framework for the Transfer of Airline Passenger Data to Public
Authorities [SEC(2004) 99- Not published in the Official
Journal].Rights of people with reduced mobility in air
transportThis regulation is part of a general plan to reinforce
passenger rights on all forms of transport. Persons placed at a
disadvantage by reduced mobility, whether caused by disability, age
or another factor, should have opportunities for air travel
comparable to those of other citizens.ACTRegulation (EC)
No1107/2006of the Parliament and of the Council of 5July2006
concerning the rights of disabled persons and persons with reduced
mobility when travelling by air.SUMMARYThe regulation on the rights
of persons with reduced mobility when using air transport prohibits
operators from refusing reservation or boarding to persons because
of their reduced mobility or disability*.There are certain
exceptions and derogations, however, particularly for justified
safety reasons established by law. An air carrier may refuse to
accept a reservation from or to embark a person with reduced
mobility or request that a travelling person with reduced mobility
or disability must be accompanied by another person, in order to
meet applicable safety requirements duly established by law or if
the size of the aircraft makes it physically impossible to embark
that person.Within five working days of refusing a reservation or
embarkation or requiring a person with reduced mobility or
disability to be accompanied, the air carrier must inform in
writing the person concerned of its reasons for doing so.Persons
with reduced mobility or disability are entitled to receive the
assistance specified in the regulation free of charge in airports
(on departure, arrival and during transit) and on board aircrafts
(for example, the transport of wheelchairs and the carriage of
guide dogs for the blind).The managing bodies of airports should
provide this assistance and may fund the services by levying a
specific charge on airlines.European Union (EU) countries and other
concerned countries (European Free Trade Association (EFTA)
countries) will be required to lay down penalties for infringements
and to set up independent bodies to deal with complaints.The
Commission must report to the European Parliament and the Council
by 1January2010 at the latest on the implementation and effects of
the regulation.Key terms used in the act
"Disabled person" or "person with reduced mobility": any person
whose mobility when using transport is reduced due to any physical
disability (sensory or locomotor, permanent or temporary),
intellectual disability or impairment, or any other cause of
disability, or age, and whose situation needs appropriate attention
and the adaptation to his or her particular needs of the service
made available to all passengers.
REFERENCESActEntry into forceDeadline for transposition in the
Member StatesOfficial Journal
Regulation (EC) No1107/200615.8.200626.7.2008(Articles 3and 4:
26.7.2007)OJ L 204, 26.7.2006
RELATED ACTSReport from the Commission to the European
Parliament and the Council on the functioning and effects of
Regulation (EC) No 1107/2006of the European Parliament and of the
Council of 5July2006 concerning the rights of disabled persons and
persons with reduced mobility when travelling by air [COM(2011)
166final Not published in the Official Journal].The report
concluded that Regulation (EC) No 1107/2006has brought advantages
to disabled persons and persons with reduced mobility (PRM); in
particular a single framework of protection, a clear division of
tasks between airports and air carriers, and the establishment of a
network of National Enforcement Bodies (NEB) in all EU
countries.The Commission did, however, find some difficulties in
applying the regulation which might weaken its impact. These
problem areas include: a sometimes insufficient quality of service
provided and inadequate adaption to PRMs individual needs;
insufficient information provided to passengers; fragile and
expensive handling mobility equipment; restrictions on accepting
reservations from or embarking PRMs on the grounds of safety;
insufficient in-flight assistance by the air carriers, in
particular in moving to toilet facilities; conflicting
interpretations of the definition of mobility equipment that must
be carried free of charge by the air carriers; disparities in the
implementation of the regulation between EU countries;
disagreements over the amount of and the method of calculating and
imposing charges; difficulty in interpreting certain important
definitions, such as whether pregnant women, overweight people or
young children are included in the definition of persons with
reduced mobility; transporting and supplying medical oxygen.As the
initial assessment finds that the implementation of Regulation (EC)
No 1107/2006is overall positive, a legislative review is not
necessary at this stage. The Commission does, however, propose a
number of axes of improvement within the existing framework,
including: a uniform interpretation of the regulation; improving
how the regulatory instruments work in practice; strengthening the
efficacy of the penalities and their supervision by national
authorities; handling the issue of the transport and supply of
medical oxygen.Communication from the Commission of 7August2008 on
the scope of the liability of air carriers and airports in the
event of destroyed, damaged or lost mobility equipment of
passengers with reduced mobility when travelling by air [COM(2008)
510final Not published in the Official Journal].Based on the Study
on the compensation thresholds for damaged or lost equipment and
devices belonging to air passengers with reduced mobility launched
by the Commission, this communication presents the current
challenges faced by persons with reduced mobility when their
mobility equipment is lost or damaged, as well as the solutions
provided by Regulation (EC) No 1107/2006.In terms of quantitative
objectives, the aim is to reduce the number of incidents regarding
mobility equipment. To this end, the regulation establishes the
legal obligation for airlines and airports to design procedures for
and train staff on the assistance of people with reduced mobility.
As a qualitative objective, the aim is to minimise the consequences
of an incident. In this regard, there is: a lack of common
procedures that would lead to an immediate solution, which is
covered in part by the regulation; disparity in the nature and
limits of the liability between airlines and airports, to whom an
obligation of compensation that conforms to international, EU and
national law is bestowed by the regulation; the problem of
inadequate compensations and procedures; however, the regulation
should diminish the amount of incidents and their consequences,
which are currently already ra