EU Regulation 376/2014 on the investigation and prevention of accidents and incidents in civil aviation. The AAIB reports to the CAA and other civil aviation authorities having responsibility for oversight of any aspect of the accident. The EU is now pushing ahead with a new proposal being made by the EC on 22 September 2020 for the Single European Sky initiative. 2.8 Does your jurisdiction make use of any taxation benefits which enhance aircraft trading and leasing (either in-bound or out-bound leasing), for example access to an extensive network of Double Tax Treaties or similar, or favourable tax treatment on the disposal of aircraft? as a self-help remedy. In summary: (a) the agreement should generate efficiency gains for the parties or promote economic progress (e.g. For example, London Heathrow is owned by Heathrow Airport Holdings Limited (formerly BAA) which is owned by FGP Topco Limited, a consortium led by Ferrovial SA; Aberdeen, Glasgow and Southampton airports are owned by AGS Airports Limited which is jointly held by Ferrovial SA (via Faero UK Holding Limited) and AGS Ventures Airports Limited; Manchester Airport is owned by Manchester Airports Group plc; and London Gatwick is owned by French VINCI Airports (majority shareholder) and Global Infrastructure Partners. For example, are there any particular rules, regulations, systems and procedures in place which need to be adhered to? The waiting time for a decision will be greater if the CMA has serious concerns or if undertakings by the parties to address competition difficulties have to be explored. The worlds of international regulatory bodies and aviation are both full of acronyms. A fee is payable to the CMA in respect of relevant merger situations. The 4 steps of the . 40,000, where the UK turnover is less than 20 million; 80,000, where the UK turnover is between 20 million and 70 million; 120,000, where the UK turnover is between 70 million and 120 million; and. Our enforcement powers are subject to where the incident happened. No, there are no sector-specific rules applying to aviation. Customs and excise authorities may detain an aircraft to enforce their charges against an operator. As a Regulation, it has direct effect in each EU Member State as well as the Member States of the European Economic Area (EEA). Different issues are addressed by different bodies and, in the UK, the following laws and standards apply: The EU ETS and CORSIA are of particular relevance to aircraft owners and financiers in addition to the operators of aircraft affected as they may give rise to certain rights of UK regulators to detain and sell aircraft for failure to comply with the regulations, although it appears that the previous statutory right to do so for failure to pay EU ETS penalties appears to have been removed under the UK ETS. stamp duty) applicable to the buying and selling (i.e. In general terms, there are both (for historical reasons) legal and equitable remedies, and the following may be available: 3.6 Are there any rights of appeal to the courts from the decision of a court or arbitral tribunal and, if so, in what circumstances do these rights arise? These are: Under the Climate Change Act 2008, the Department for Business, Energy and Industrial Strategy is responsible for setting carbon budgets for different industries. Current Aviation Inspection Bodies: Helideck Certification Agency (HCA) E-mail: Info@helidecks.org Telephone: +44 (0)1224 704048 Website: www.helidecks.org Safeguard Helideck Certification. A patent application should include a full description (including drawings) of the invention, the claims defining the invention, an abstract summarising the inventions technical features and the relevant IPO forms. b) a ground handing company providing, as its primary function, any of the handling services listed in EU Directive 96/67/EC directly to an airport user for scheduled commercial flights at a commercial airport in England for a site or sites located in England. In relation to codeshare agreements, neither national nor European competition laws provide specific rules; the legal test applied being based on the exemption criteria of Article 101(3) TFEU and/or the corresponding provisions of the competition laws of the EU Member States. EU law primarily impacted UK aviation through regulations governing traffic rights, aviation safety and access to routes for commercial air transport services (whether within, or to and from, the EU). Consumer rights legislation will continue to strengthen in the UK as a result of the Consumer Rights Act 2015 and the ever-present bolstering of Regulation 261, primarily by the CJEUs interpretation of the Regulation, as now clarified to an extent by the 2016 Interpretative Guidelines, but also in relation to a revision to the Regulation (which remains to be agreed). Well send you a link to a feedback form. covers common issues in aviation laws and regulations - including aircraft trading, finance and leasing, litigation and dispute resolution. The Court went on to state that Regulation 261 takes effect in English law (as amended by the changes to Regulation 261 by the Air Passenger Rights and Air Travel Organisers Licensing (Amendment) (EU Exit) Regulations 2019) as follows: In Varano v Air Canada [2021] EWHC 1336 (QB), the High Court looked at the issue of delays to connecting flights, and the obligations of non-Community carriers where operations outside the EU are disrupted. As with all other UK businesses, airports have to meet legislative standards in relation to water quality, waste and protecting the natural environment. In Lipton & Anor v BA City Flyer Ltd [2021] EWCA Civ 454, the English Court of Appeal detailed how Regulation 261 claims will operate in the UK following Brexit. The Civil Aviation Authority (CAA) is responsible for the regulation of aviation safety in the UK, determining policy for the use of airspace, the economic regulation of Heathrow, Gatwick and Stansted airports, the licensing and financial fitness of airlines and the management of the ATOL financial protection scheme for holidaymakers. Federal Aviation Administration. By way of example only, restrictions and taxes which apply to international but not domestic carriers. Each of the agreements sets out the use of PNR data collected by airlines for law enforcement purposes. Failure to install, maintain and use the proper equipment to enable aircraft to take off and land safely will attract liability, and there may be liability to passengers of aircraft which crash if there is a failure to have or to use adequate rescue equipment. The UK Government requires that our costs are met entirely from charges to those we provide a service to or regulate. 4.16 Are there any ownership requirements pertaining to GDSs operating in your jurisdiction? Pursuant to the UK domestic legislation the Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 the CAA is empowered to pursue enforcement proceedings against an airline for non-compliance with the European rules. We work with governments, regulators and legislators to promote the interests of UK airlines, and with organisations across the sector to encourage long-term and sustainable growth in aviation. Basic Regulation, the Implementing Rules and UK CAA AMC GM CS, Civil Aviation Act 1982, the ANO 2016, the Rules of the Air 2015, and the DG Regulations 2002, The UK Service Provision Regulation and the Regulations made under it, The UK Airspace Regulation and the Regulations made under it, How were helping enable improvements in aviations sustainability, Regulator calls for views on plans to improve airline accessibility, General Aviation Unit delivers first quarter engagement. The general competition rules (principally those contained in the CA 1998 and closely modelled on Articles 101 and 102 TFEU) apply fully to aviation as they do to other sectors. 4.11 Is there any legislation governing the denial of boarding rights and/or cancelled flights? Under the Air Navigation Order 2009, an aircraft registered in a State other than the UK must not take on board or discharge any passengers or cargo in the UK for valuable consideration without an operating permit granted by the Secretary of State. UK legislation is contained in the Civil Aviation Act 1982 and the Air Navigation Order 2009 (as amended). English law as a rule recognises the concept of accession, which is similar to the nature of an annexation of title, for example by the owner of an aircraft to which an engine owned by another party is affixed. With the implementation of the GDPR, the DPA 2018 and the PNR Directive (and the national variations), operators need to continue to review and monitor their mechanisms, processes and procedures in place to ensure compliance with new legislative requirements around the collection and provision of data and the secure handling, retention and use of it. injunctions to prevent the other side from doing something or requiring the other party to do something; possession orders to take control of an aircraft and other aviation assets; and. You have rejected additional cookies. In the SAS/Maersk Air case, in which the parties notified a codeshare agreement to the EC for clearance, with an underlying cartel agreement in the form of a broad market-sharing agreement between the parties, the EC concluded that this agreement was a serious infringement of competition and fined the parties a total of 52.5 million, which was confirmed by the EU Court of First Instance (see COMP/37.444 SAS/Maersk Air and COMP/37.386 SUN Air/SAS and Maersk Air, 18 July 2001 (2001/716 EG) confirmed by CFI decision T-241/01, 18 July 2005). The CMA has a wide range of powers, including to prevent the merger proceeding or divestment if the proceeding has already taken place. The CAA will then confirm, in writing, to the applicant once an aircraft mortgage registration application is successful. Starting from the top, we find the International Civil Aviation Organisation (ICAO), which is a United Nations agency. CAA is a public corporation of the Department for Transport. A joint venture between airline competitors would, therefore, have to satisfy the four exemption criteria of section 9 CA 1998 and (save for where such venture relates to exclusively UK routes or operations) Article 101(3) TFEU. The rights must be extant (under the relevant security documents or lease) and clearly demonstrable to third parties if required. The Chicago Convention is integrated into English law and applicable in the jurisdiction as a matter of international law. 5335, paragraph 441; and Lufthansa/Swiss, Case COMP/M. Broadly, the DPA 2018 applies to the processing (such as obtaining, recording, holding, using, disclosing or erasing) of personal data. Civil proceedings for damages or a specified sum may not be started in the High Court unless the value of the claim exceeds 100,000; if not, proceedings should be started in the County Court. This is a generic term used in many countries, notably the UK and China. The United Kingdom was a signatory to the Chicago Convention in 1944 and it was ratified on 1 March 1947 prior to its effective date of 4 April 1947.