Ph D Grzegorz Zając European aviation regulations

Ph. D. Grzegorz Zając European aviation regulations – origin and progress Aviation Law and Organizations, WSIZ Rzeszów 2013/2014

• Why to create a single European aviation law? a) Linking of the aviation market with the EU’s internal market, b) deepening cooperation in the framework of the EU, c) Global trends of liberalization of the aviation sector, d) increase in supply and demand in the sector of air traffic. © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

European aviation law European Union and its role in creating aviation law. Common aviation policy © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

European aviation law • This „third package” of 1992 consisted of three Regulations: 1) Regulation (EEC) No 2407/92 on licensing of air carriers (Official Journal L 240 of 24. 08. 1992, p. 1), 2) Regulation (EEC) No 2408/92 on access for Community carriers to intra-Community air routes (OJ L 240 of 24. 08. 1192, p. 8) and 3) Regulation (EEC) No 2409/92 on fares and rates for air services (OJ L 240 of 24. 08. 1992, p. 15). © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

European aviation law Currently: The „third package” is not valid now. It has been wholly repealed (replaced) by: • Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31. 10. 2008). © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

The main contribution of the „third package” • Licensing of air carriers: The goal: Granting of licenses to air carriers should be transparent and non-discriminatory. © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

The principles: a) Harmonization of principles concerning air carriers’ licencing, b) granting an operator’s licence to all EU’s air carriers without any discrimination on grounds of nationality; c) A new category of „Community air carrier” has been established. © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

Access for EU’ carriers to intra-EU air routes: The goal: To abolish restrictions concerning multiple designation and fifth-freedom traffic rights and phase in cabotage rights in order to stimulate the development of the Community air transport sector and improve services for users. © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

The principles: a) Ensuring all EU air carriers the freedom of providing services. b) The new regulation 2408/92 replaced bilateral agreements on air communications adopted between Member States. c) The difference between scheduled and non-scheduled air services has been abolished. d) The most important provision is the introduction of the ability to perform services on the territory of another Member State, i. e. cabotage. Restrictions on the granting of cabotage rights applied only to April 1 st 1997 e) Currently, air carriers in EU have full freedom to exercise their core activity. all international connections within the EU are opened , subject to community licence © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

Fares and rates for air services: The goal: Due to the fact that the internal market shall comprise an area without internal frontiers, so air fares should normally be determined freely by market forces.

The principles: • Air carriers are free to set up fares and prices for air services provided in the territory of the European Union. • The institution of the approval by the authorities of air fares has been abolished. • There is a full freedom for setting up prices by air carriers on intra-Community air routes. The same rules apply to charter rates in the context of non-scheduled services. © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

European aviation law There are many issues in the European aviation law which are harmonized: – Internal market (slots, ground-handling, licensing of aircraft and personnel), – Safety and security („black list of air carriers”), – External relations (horizontal agreements), – Single European Sky (ATM, ATC), – Environment (aircraft noise and aircraft emissions), – Institutional framework (EASA). © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

Airports v Slots (Regulation (EC) No 793/2004 of the European Parliament and of the Council of 21 April 2004 amending Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports, OJ EU L 138, 30. 04. 2004), v Airport charges (Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on Airport Charges, OJ EU L 70, 14. 03. 2009, p. 11), v Supporting EU regional airports (article 108 TFEU – public aid), v Ground handling services (Directive 96/67/EC of the 15 th of October 1996 on access to the ground handling market at Community airports). © Dr Grzegorz Zając

Slots According to article 1 par. 1 of Regulation 793/2004 "slot" shall mean „the 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 as allocated by a coordinator. ” © Dr Grzegorz Zając

Ground handling services Since the introduction of Council Directive 96/67/EC of the 15 th of October 1996 on access to the ground handling market at Community airports, ground handling markets experienced a very dynamic phase of development and growth. The aviation market of Europe changed because new States became Members of the EU – the enlargement process in 2004, 2007 and 2013. © Dr Grzegorz Zając

Types of ground handlers: Self handling Airlines Airport ground handling companies Independent ground handling companies © Dr Grzegorz Zając Airlines as third party handler

Aviation safety and security Instruments concerning aviation safety and security (main): a) European Aviation Safety Agency (Regulation (EC) 216/2008 of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC; (OJ L 79, 19/03/2008, p. 1). ü An independent institution in the scope of its competence, and a body of the EU on the other side. ü It is responsible for airworthiness and certification of an aircraft and its products. ü It also issues certificates for organizations located in third countries. ü Certificates issued by Agency guarantee uniform and high level of safety. © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

b) System of control of air carriers from third countries (Directive 2004/36/EC of 21 April 2004 on the safety of third-country aircraft using Community airports (the so-called „SAFA Directive”; OJ EU, L 143, 30. 04. 2004) c) „black list” of dangerous air carriers (Regulation (EC) No 2111/2005 of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air passengers of the identity of the operating carrier, and repealing Article 9 of Directive 2004/36/EC; OJ L 344, 27. 12. 2005, p. 15. ) © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

d) Aviation security – adopting National Programs to protect persons and goods from acts of unlawful interference (Regulation No 300/2008 of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002; OJ EU, L 97, 9. 04. 2008, p. 72) © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

Air traffic management (ATM) The creation of Single European Sky (SES) since 2004. © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

The legal basis: The „fourth liberalization package” of 2004: a) b) c) d) Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the Single European Sky (the framework regulation) (OJ EU, L 96, 30. 03. 2004, p. 1), Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) (OJ EU, L 96, 30. 03. 2004, p. 10), Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation) (OJ EU, L 96, 30. 03. 2004, p. 20), Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) (OJ EU, L 96, 30. 03. 2004, p. 26). © Dr Grzegorz Zając, WSIZ Rzeszów 2013/2014

The effects and benefits from the adoption of the European aviation law: a) The abolition of price regulation and routes regulation b) Equal treatment of all carriers in the EU c) Increase and strengthen Europe's competitiveness d) harmonization of safety standards and aviation security against acts of terrorism aimed at aviation e) The overall development of the EU’ economy. © Dr Grzegorz Zając

Thank you for attention! Źródło: Tło: http: //ftnews. firetrench. com/2011/08/new-boeing-747 -8 -freighter-certified-for-entry-into-service/