In cooperation with ENAc mermoz MNS 2 EASA ATPL Training 010010 Air Law © ENAC - Institut MERMOZ - All rights reserved Version 2CONTENTS a 02 03 04 05 06 o7 08 09 10 " 12 13 14 15 16 ” 18 19 20 21 22 23 28 25 26 a 28 29 30 31 32 33 34 35 36 37 38 CONVENTIONS AND AGREEMENTS [ANNEX 8 AIRWORTHINESS AIRCRAFT [ANNEX ~ AIRCRAFT NATIONALITY AND REGISTRATION MARKS [ANNEX 1 ~FERSONNEL LICENSING RULES OF THE AIR [AR TRAFFIC SERVICES, UNITS AND AIRSPACES EXPRESSION OF VERTICAL POSITION VISUAL FLIGHT RULES INSTRUMENT FLIGHT RULES FUGHT PLANS [AR TRAFFIC CONTROL SERVICE FLIGHT INFORMATION SERVICE ALERTING SERVICE [AERODRONE CONTROL PROCEDURES SEPARATIONS IFR PROCEDURES (GEN) ARRIVAL SEGMENT GB HOLDING PROCEDURES GD) INSTRUMENT APPROACH SEGMENTS GD) PRECISION APPROACH HD) isseD APPROACH GBD) ciRCUNG @) DEPARTURE PROCEDURE CED) APPROACH CONTROL SERVICE PARALLEL RUNWAYS AIR TRAFFIC SURVEILLANCE SERVICE FAILURES [AIR TRAFFIC FLOW MANAGEMENT INTERCEPTION OF CIVIL AIRCRAFT RNAV AND RNP CONCEPTS AIRPROX ANNEX 15 - AERONAUTICAL INFORMATION SERVICE ANNEX 14 - AERODROME DESIGN AND OPERATIONS ANNEX 9 ~ FACILITATION ANNEX 17 ~SECURITY ‘ANNEX 12 -SEARCH AND RESCUE ANNEX 13 - ACCIDENT AND INCIDENT INVESTIGATION EUROPEAN COMMON RULESIntentionally left blankU0 aU |Conventions and Agreements o o 03 o CONVENTION ON INTERNATIONAL CIVIL AVIATION (CHICAGO) THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) OTHER INTERNATIONAL AGREEMENTS WORLD AND EUROPEAN ORGANIZATIONS01 01 CONVENTION ON INTERNATIONAL CIVIL AVIATION (CHICAGO) 1.1 - Circumstances leading to the establishment of the Chicago Convention In 1944, the Second World War ended. The governments of many States considered that the future development of international civil aviation could help to create and preserve friendship and understanding between nations, thereby promoting among them the cooperation on which world peace would depend For international civil aviation to be developed in a safe and orderly manner and for international air transport services to be established on the basis of equality of opportunity and operated on a sound, economic basis, the governments of states entered into the Convention on Intemational Civil Aviation, which they signed on 7 December 1944 in Chicago (which came into being on 4 April 1947) in accordance with these aims Today, it is still in effect and it remains the main base of the international Air Law. Itis a complete success as the Convention of Chicago has been ratified by 191 States, ranking it the 2nd most universal agreement behind the Charter of the United Countries. The Convention of Chicago, in addition of having established agreements about intemational air navigation, conducted to the creation of the Intemational Civil Aviation Organisation (ICAO), in charge of looking after the proper application of the Chicago convention 1.2 - International Air Navigation 1.2.1 - Applicability and objectives The main objectives of the Corvention, as defined in its preamble, are: * To develop a safe and efficient international air transport. # To ensure an equal opportunity to all contracting States to develop their intemational air transport. “The undersigned governments agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically." (Convention of Chicago, Preamble) Note that the Convention of Chicago only applies to intemational civil aircraft. Definition: Are considered as civil aircrafts all aircrafts that are not used in military, customs or police services.Conventions and Agreements 1.2.2 - Principle of sovereignty a) The principle The Convention of Chicago reinstated the main principle of the Paris Convention: the sovereignty of each State above their territory. This has settled the basis of international aeronautical relationships. "The Contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory” (Convention of Chicago, Article 1) Convention on the Territorial Sea and the Contiguous Zone (Geneva, 29 April 1958): The United Nations Convention on the Territorial Sea stipulates that the sovereignty of a coastal State extends, beyond its land territory and internal waters, to an adjacent belt of sea, described as the territorial sea. This sovereignty extends to the air space over the territorial sea as well as 40 its bed and subsoil. The convention defines the “air space above territory” as (Article 2 of the Chicago Convention): © Horizontally: The air space over the lands and the territorial waters (waters not further than 12 Nautical Miles from the land). ‘© Vertically: The atmospheric space above the horizontal limit. Note that this definition may be discussed, as it does not define a precise vertical limit. “The territory of a state shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty protection or mandate of such State" (Convention of Chicago, Article 2) “The outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." A (Outer Space Treaty) carguinenl The law applied to an aircraft while Sorenton otChesgo flying above high seasis the law of the State of registration; these must however also comply with the Convention of Chicago. Definition: High seas are defined as all parts of the sea that are not included in the territorial or intemal waters of a State. b) The consequences Any flight over a territory without authorization of the relevant State is considered as an attack 10 the sovereignty of that State and is internationally recognized as an illegal act The Air Space is reserved to the States. Each State is free to regulate or forbid the flight over its territory. As a result of this principle, States are allowed to take measures against civil aircraft that would not comply with their national law. However, those actions are to stay reasonable and non discriminatory.Civil and State aircraft (Articles 3 and 3a) The Chicago Convention only applies to civil aircraft and does not apply to state aircraft Aircraft used in military, customs and police services are deemed to be state aircraft. No state aircraft may fly over or land in the territory of another State unless an authorization is issued and a special agreement is made in accordance with the terms of that authorization. The contracting States: * undertake, when issuing regulations for their state aircraft, to have due regard for the safety of navigation of civil aircraft; * recognize that every State must refrain from the use of weapons against civil aircraft in flight and that, in the event of interception, the lives of persons on board and the safety of aircraft must not be endangered; * recognize that every State, in the exercise ofits sovereignty, is entitled to require the landing, at some designated airport, of a civil aircraft flying above its territory without authority or if there are reasonable grounds to conclude that itis being used for any purpose inconsistent with the aims of the Chicago Convention, and to give such aircraft any other instructions to put an end to such violations in accordance with the rules of international law; such an aircraft must comply with the orders given. 1.2.3 - Flight over territory of contracting States a) Right of non scheduled flight (article 5) Definition: A non scheduled flight, also called “Charter” is a non regular flight, bought usually by a tour operator. Passengers can not buy a charter flight directly from the airline. The Convention of Chicago allows those flights to fly over a foreign country, to disembark and embark passenger, cargo and mail in the foreign country and to stop for non-traffic purposes without the necessity of obtaining prior permission. b) Right of scheduled air services (article 6) Definition: A scheduled flight is a regular flight, operating on a published schedule usually directly buyable by the public. Those flights have to get a special authorization to operate over or into a foreign contracting State. This aims to guarantee the safety and the sovereignty of the State likely to be flown over. c) Cabotage (article 7) Definition: Cabotage refers to domestic flights (i.e. flights from two airports of a same country). The Convention of Chicago states that: “Each contracting State shall have the right to refuse permission to the aircraft of other contracting States to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory" (Convention of Chicago, Article 7) Thus, cabotage by a foreign aircraft may be prohibited by a State,Conventions and Agreements As well, if a "STATE A" authorizes an airline from a "STATE B" to operate services between two destinations within its territory, it cannot refuse it to all other carriers demanding the same privileges. Evon if this could appear to admit some liberal operations, this article is actually used as an instrument of national or commercial protectionism. Indeed, it led to consider that the granting of the right of cabotage was forbidden if this granting was not gven to all the other contracting States. d) Pilotless aircraft (Article 8) No aircraft capable of flying without a pilot may overfly the territory of a State (unless special permission is granted, taking into account that such flight in areas open to civil aircraft shall be so controlled as to obviate danger to civil aircraft). e] Prohibited areas (Article 9) Each State may, for reasons of military necessity or public safety, prohibit the aircraft of other States from flying over certain areas of its territory (no distinction in this respect shall be made between the ordinary aircraft of this State and the aircraft of other States likewise engaged). Such prohibited areas shall not, as far es possible, interfere with air navigation. Descriptions of such prohibited areas as well as any subsequent alterations therein shall be communicated as soon as possible to the other States and to the ICAO. Each State reserves also the right, during a period of emergency or in the interest of public safety, to temporarily prohibit flying over the whole or any part of its territory, without distinction of nationality of the aircraft of the other States. Each State may require any aircraft entering the prohibited areas in its territory to land at some designated airport within its territory. f] Landing at customs airport (article 10) The convention allows each contracting State to impose, except in the case of authorized flights, to every aircraft which enters or exits its territory to land at or take-off from a designated airport, referred as customs airport. This is in order to organise the inspection of police and customs to international flights. g) Ap ability of air regulations (Article 11) The regulations of a State relating to the entry or departure from its territory of aircraft engaged in international air navigation, or to the navigation of such aircraft within its territory, shall be applied to the aircraft of all the States without distinction as to nationality. These regulations shall be complied with by such aircraft upon entering or departing from or while within the territory of this State. h) Rules of the air (article 12) 1001 Every State, in its air space, is responsible for the regulations and for the application of the Convention of Chicago. When an aircraft is flying over a sovereign State, the local laws related to air navigation, general police and general security measures shall be applied and enforced, The public laws of the sovereign state being over flown also apply to activities within the aircraft, flight plan and navigation. Above high seas, the law that will apply to all activities within the aircraft will be the law of the State of registration i) Search of Aircraft (article 16) “The appropriate authorities of each of the contracting States shall have the right, without unreasonable delay, to search aircraft of the other contracting States on landing or departure, and to inspect the certificates and other documents prescribed by this Convention." (Convention of Chicago, Article 16) j) Nationality of aircraft (article 17) An aircraft has the nationality of the State in which itis registered. It cannot be registered in more than one State; however its registration is transferable from a State to another one. Every aircraft engaged in international air navigation must bear its appropriate nationality and registration marks. Kj Dual registration (Article 18) An aircraft cannot be registered in more than one State, but its registration may be changed from one State to another. 1) National laws governing registration (Article 19) Regulations relating to the registration or transfer of registration of aircraft shall be in accordance with the regulations laid down by the State. m) Display of marks (Article 20) All aircraft engaged in international air navigation shall bear its nationality and registration marks, 1.2.4 International Standards and Recommended Practices (SARPs) a) Adoption of international standards and procedures (Article 37) Each State shall assist in the securing the unity of regulations, standards, procedures and organization relating to aircraft, personnel, airways, in all matters in which such uniformity facilitates and improves air navigation. ICAO adopts and amends intemational standards, recommended practices and procedures dealing with the following subjects: 11Conventions and Agreements + communication systems and air navigation aids (including ground marking); characteristics of airports and landing areas; * rules of the air and air traffic control practices; * licences and certificates of operating and maintenance personnel; «airworthiness of aircraft; * registration and identification of aircraft; # collaction and exchange of meteorological information; + log books; * aeronautical maps and charts; ‘customs and immigration procedures; *# aircraft in distress and investigation of accidents; + other matters relating to the safety, regularity and efficiency of air navigation b) Departures from international standards and procedures (Article 38) Any State which is unable to comply with these international standards or procedures, or to bring its own regulations or practices into full accord with them, or which deems it necessary to adopt regulations or practices differing from those established by an international standard, shallinform the ICAO of the differences between its own practices and those established by the international standard Any State which does not amend its regulations and practices shall inform the ICAO Council within 60 days of the adoption of the amendment to the intemational standard and the latter shall inform the other States of the existing differences. c) Endorsement of certificates and licences (Article 39) Any aircraft or part thereof with respect to which there exists an international standard of airworthiness or performance, and which failed in any respect to meet this that standard at the time of its certification, shall have a complete enumeration of the details in respect of which the aircraft or part thereof so failed to meet this standard endorsed on its airworthiness certificate. Any person holding a licence who does not comply with the conditions laid down by the intemational standard relating to the class of licence or certificate which they hold shall have endorsed on their licence a complete enumeration of the particulars that do not comply with such conditions, d) Validity of endorsed certificates and licences (Article 40) No aircraft or personnel having certificate or licences so endorsed shall not participate in international navigation unless authorised by the State or States whose territory is entered. 1201 02 THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) 2.1 - Structure and objectives 2.1.1 -The objectives of the ICAO (article 44) The ICAO has been created during the Chicago Convention. It is the international organisation in charge of looking after the proper application of the Chicago convention With 191 members, the ICAO is the most prolific international organisation besides the UN. “The aims and objectives of the Organization are to develop the principles and techniques of internetional air navigation and to foster the planning and development of international air transport so as to:” * "Insure the safe and orderly growth of intemational civil aviation throughout the world, * "Encourage the arts of aircraft design and operation for peaceful purposes;" * "Encourage the development of airways, airports, and air navigation facilities for international civil aviation;" * "Meet the needs of the peoples of the world for safe, regular, efficient and ‘economical air transport,” * "Prevent economic waste caused by unreasonable competition;" * “Insure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines; * "Avoid discrimination between contracting States;" + "Promote safety of flight in intemational air navigation;* * "Promote generally the development of all aspects of international civil aeronautics.” (Convention of Chicago, Article 44) 2.1.2 - The organization of the ICAO The ICAO is composed of a sovereign body, the Assembly, @ governing body, the Council, and the Secretariat. ‘The Secretariat is divided into five main divisions: the Air Navigation Bureau, the Air Transport Bureau, the Technical Co-operation Bureau, the Legal Bureau, and the Bureau of Administration and Services. In order that the work of the Secretariat reflects a truly international approach, professional personnel are recruited on a broad geographical basis. The Secretary General is head of the Secretariat, Chief Executive Officer of the Organization and Secretary of the Council. He/She is directly responsible for the management and effective work performance of the activities assigned to the Office of the Secretary General relating to Extemal Relations and Public Information, General Secretariat [General secretary] Air Navigation Air Transport tance Législation| istration Admi 13,Conventions and Agreements Finance, Programs Evaluation, Audit and Management Review, and Regional Affairs, including the operation of the seven Regional Offices. The Secretary General of the Organization is appointed by the Council of ICAO for a three-year tom. a) The ICAO assembly (Article 48) The Assembly is constituted of representatives from all Contracting States. It meets at least once every three years, reviewing in detail the work of the Organization and setting the policy for the coming years. It also votes a triennial budget. An extraordinary meeting of the Assembly may be held at any time upon the call of the Council or at the request of not less than one-fifth of the total number of contracting States addressed to the Secretary General. Unless othernise provided in this Convention, decisions of the Assembly shall be taken by a majority of the votes cast Powers and duties of the assembly (Article 49): + elect at each meeting its President and the other executive committee members; «elect the States to be represented on the Council; * consider and take appropriate action on the reports of the Council; * decide on any question raised by the Council; ‘+ establish its own rules of procedure and set up such commissions deemed necessary; * vote on annual budgets and determine the Organization's financial arrangements; ‘+ review the expenditure and approve the accounts of the Organization; * delegate to the Council the powers and authority necessary for the discharging of the Organization's duties, b) The ICAO Council (Article 50) ‘The Counail is composed of 36 Contracting States. The States are elected by the Assembly for a three-year term, under three considerations: States of chief importance in air transport, States which make the largest contribution to the provision of facilities for air navigation, and States whose designation will ensure that all major areas of the world are represented, Mandatory duties of the Council (Article 54) The Council shall: ‘submit annual reports to the Assembly and carry out its instructions; * decide on its organization and rules of procedure; ‘* appoint an Air Transport Committee; * establish an Air Navigation Commission; ‘manage the Organization's finances; + appoint a Secretary-General and any other personnel as may be necessary; request, collect, review and publish information relating to the advancement of air navigation and the operation of international air services; 1401 * report to the States any violations of this Convention, as well as any failure to carry out recommendations or decisions of the Council * report to the Assembly any infraction of this Convention where a State has failed to take appropriate action after notice of the infraction; * adopt international standards and recommended practices, designate them as Annexes to this Convention and inform all States of the action taken; * consider the recommendations of the Air Navigation Commission for amendment of the Annexes; * consider any matter relating to the Convention raised by a State; * optionally, the Council may establish Regional Air Transport Commissions and groups of States or air transport enterprises to facilitate the achievement of the objectives of the Convention, to look into all aspects of air transport and air navigation, and to consider any matter affecting the organization and operation of international air transport. As the goveming body, the Council gives continuing direction to the work of ICAO. It is in the Council that Standards and Recommended Practices are adopted and incorporated as Annexes to the Convention on Internationel Civil Aviation, The Council is assisted by the Air Navigation Commission (technical matters), the Air Transport Committee (economic matters), the Committee on Joint Support of Air Navigation Services and the Finance Committee. c) The Air Navigation Commission (Articles 56 and 57) The Air Navigation Commission is composed of 19 experts, appointed by the Council from among persons nominated by contracting States. The aim of this commission being to give technical advices to the council. "These persons shall have suitable qualifications and experience in the science and practice of aeronautics. The Council shall request all contracting States to submit nominations. The President of the Air Navigation Commission shall be appointed by the Council." (Convention of Chicago, Article 56) “The Air Navigation Commission shall: Consider, and recommend to the Council for adoption, modifications of the Annexes to this Convention; Establish technical subcommissions on which any contracting State may be represented, if it so desires; Advise the Council conceming the collection and communication to the contracting States of all information which it considers necessary and useful for the advancement of air navigation." (Convention of Chicago, Article 57) To sum-up, here is a schematic of the ICAO organization: 15Conventions and Agreements Review the ICAO work Sets te utr pty Votes ne budget § =] a — | 2.1.4 - Hierarchy of ICAO publications The Chicago Convention has been complemented by several documents. Those include Annexes containing SARPS and Documents containing PANS and SUPPs: eS ee anes pans. supps Rca Do ees a) Standards And Recommended Practices (SARPs) (article 90) “Each State undertakes to collaborate in securing the highest practicable degree of uniformity in regulations...". "To this end the ICAO shall adopt and amend |...] intemational standards and recommended practices and procedures dealing with:" * "Communications systems and air navigation aids, including ground marking; * “Characteristics of airports and landing areas; " "Rules of the air and air traffic control practices;" "Licensing of operating and mechanical personnel;" "Airworthiness of aircraft; " “Registration and identification of aircraft" (0g books;" ‘allection and exchange of meteorological information; " * "Aeronautical maps and charts;" * "Customs and immigration procedures; ” ircraft in distress and investigation of accidents; " ind such other matters concerned with the safety, regularity, and efficiency of air navigation as may from time to time appear appropriate." (Convention of Chicago, Article 37) This article of the Convention of Chicago shows the aim of the ICAO to elaborate an internationally uniform group of regulations. 1601 In order to accomplish this, the ICAO has drawn up 19 technical annexes to the Convention of Chicago, each referring to specific subjects: * Annex 1: Personnel Licensing # Annex 2: Rules of the air * Annex 3: Meteorological Service For International Air Navigation * Annex 4: Aeronautical Chart * Annex 5: Units of Measurement to be used in Air & Ground Ops * Annex 6: Operations of Aircraft * Annex 7: Aircraft Nationality and Registration Marks * Annex 8: Airworthiness of Aircraft * Annex 9: Facilitation * Annex 10: Aeronautical telecommunications * Annex 11: Air Traffic Services * Annex 12: Search and Rescue * Annex 13: Aircraft Accident Investigation * Annex 14: Aerodromes * Annex 15: Aeronautical Information Services * Annex 16: Environmental Protection * Annex 17: Security * Annex 18: The safe Transport of Dangerous Goods by Air * Annex 19: Safety Management ‘These annexes contain Standard and Recommended Practices (SARPs): Definition: Standard practices refer to all rules deemed necessary by the ICAO in order to ensure the safety or regularity of international air navigation Any discrepancy between the State regulation and standard practices must be notified to the ICAO council within 60 days after the adoption of the amendment to an intemational standard. The Council shall then make immediate notification to all other States of the cifference which exists between one or more features of an international standard and the corresponding national practice of that State Definition: Recommended practices refer to those regarded as desirable to ensure safe, regular and efficient intemational air navigation. The council invites contracting states to notify any differences with these recommended practices. b) Amendment of the Convention (Article 94) Any proposed amendment to this Convention must be approved by two-thirds of the Assembly and shall then come into force in respect of the States which have ratified this amendment. The number so specified shall not be less than two-thirds of the total number of contracting States. The Assembly may stipulate that any State which has not ratified the said amendment within a specified period after it has come into force shall thereupon cease to be a member of the Organization 17Conventions and Agreements c) Denunciation of the Convention (Article 95) Any contracting State may denounce this Convention three years after its coming into effect by notification sent to the Government of the United States of America, which shall at once inform each of the contracting States. Denunciation shall take effect one year after the date of receipt of the notification O03 OTHER INTERNATIONAL AGREEMENTS 3.1 - Air Navigation Agreements Two air navigation agreements, called Air Services Transit and the Air Transport agreements ‘were signed at the same time than the Convention of Chicago. They were the result of compromises between major member States opinions about the freedoms of the air. Although they are annexed to the convention, they are legally independent from it and were separately proposed to ratification. Both these agreements are meant to define the policy of commercial exchanges and the notions of "freedom of the Air" 3.1.1 - International Air Services Transit Agreement This agreement entered into effect on January 1945. States signing and accepting the Air Services Transit Agreement grant to the other contacting States the technical freedoms of the air. As of today, 131 States have adopted the International Air Service transit agreement. The Air Transit Agreement formulates the first two international air freedoms. They are considered as technical freedoms: First Freedom Right: the right or privilege, in respect of scheduled international air services, granted by one State to another State or States to fly across its territory without landing. Second Freedom Right: the right or privilege, in respect of scheduled international air services, granted by one State to another State or States to land in its territory for rnon-traffic (refuelling, maintenance ...) purposes. 3.1.2 - International Air Transport Agreement The international air transport agreement was signed at Chicago in 1944 by 11 minor States and the USA. This text did not obtain the required number of ratifications to come into force. However it gives us the only recognized definition of the 3 next freedoms, called Commercial freedoms of the air: terns Third Freedom Right: the right or privilege, in respect of scheduled intemational air services, granted by one State to another State to put down, in the territory of the first State, traffic coming from the home State of the carrier. 18 © ENAG - Institut MERMOZ - All rights reservedFourth Freedom Right: the right or privilege, in respect of scheduled international air services, granted by one State to another State to take on, in the territory of the first State, traffic destined for the home State of the carrier. 01 Fifth Freedom Right: the right or privilege, in respect of scheduled intemational air services, granted by one State to another State to put down and to take on, in the territory of the first State, traffic coming from or destined to a third State. 3.1.3 - So-called freedoms Sixth Freedom Right: the right or privilege, in respect of scheduled international air services, of transporting, via the home State of the carrier, traffic moving between two other States. Seventh Freedom Right: the right or privilege, in respect of scheduled international air services, granted by one State to another State, of transporting traffic between the territory of the granting State and any thrd State with no requirement to include on such operation any stop 4 additional freedoms can be defined. The ICAO characterises them as “so-called” freedoms as in the territory of the carrier State, i.e. the service need not connect to or be an extension of any they have never been offically recognized by an international treaty T service to/from the home State of the carrier. i” Eighth Freedom Right ("consecutive cabotage"): the right or privilege, in respect of scheduled intemational air services, of transporting cabotage traffic between wo points in the territory of the granting State on a service which originates or terminates in the home country of the foreign carrier or outside the territory of the granting State. Ninth Freedom Right ("stand alone" cabotage): the right or privilege of transporting cabotage traffic of the granting State on a service performed entirely within the territory of the granting State,Conventions and Agreements 3.1.4 - EU application of the freedoms of the air In the European Union, the freedoms of the air are dictated by the European Community. The guidelines of EU Air Law are stated in the treaty establishing the European Community: “Any measures taken within the framework of this Treaty in respect of transport rates and conditions shall take account of the economic circumstances of carriers." (CEE treaty, Article 74) The EU legislation regarding freedoms of the air has been modified several times in the past years, and permits now a very liberal market, regulated by the regulation No 1008/2008 of the 2dth September 2008. This one states: “Community air carriers shall be entitled to operate intra-Community air services." (Regulation No1008/2008, Article 15) Meaning that all Community air carriers are authorized to operate flights between any of the EU Members States, including cabotage, without requiring any special authorization. Furthermore, intra-community flights have no air-fare restrictions for European carriers. “Community air carriers and, on the basis of reciprocity, air carriers of third countries shall freely set air fares and air rates for intra~Community air services. “Regulation No1008/2008, Article 22 3.2 - Conventions on the suppression of unlawful acts committed against civil aviation Each Convention is an international response to events regarding unlawful acts committed against civil aviation. Those events indude the hijacking of aircraft, the use of weapons and explosives towards aircrafts, then airports, and the use of an aircaft as a weapon, and so on, 3.2.1 - Unlawful acts committed on board aircraft (Tokyo, 1963) a) Applicability and definition of the Convention of Tokyo One of the main goals of the Convention of Tokyo was to determine the law applicable to acts committed on board aircraft, regarding criminal law The Convention of Tokyo is applicable since December 4th 1969, and was ratified by 186 States. It sets the principles and establishes the procedures to treat penal malpractices and acts committed on board aircraft. However, it excludes the penal malpractices with a political character or based on racial or religious considerations. It does not define the unlawful seizure of aircraft as an international crime. “[The Convention of Tokyo applies] in respect of: offences against penal law; acts which, whether or not they are offences, may or do jeopardize the safety of the aircraft or of person or property therein or which jeopardize good order and discipline on board.” "The Convention shall apply in respect of offences committed oracts done by a person on board any aircraft registered in a Contracting State, while the aircraft isin flight or on the surface of the high seas or any other area outside the territory of any State." (Tokyo Convention, Article 1) The convention states that the criminal jurisdiction for acts occurred on board an aircraft belongs to the State of registration. "a Contracting State which is not the State of registration may not interfere with an aircraft in flight in order to exercise its criminal jurisdiction over an offence committed on board except if the offence affects in any way that particular State. "(Tokyo Convention, Articles 3 and 4) 2001 b) Authority of the pilot in command ‘A major contribution of the Convention has been about defining the authority of the captain Indeed, the convention gives the possibility to the Pilot in Command to take all reasonable measures to protect the safety of the aircraft and their occupants, or to maintain order and discipline, These measures can go as far as restraining a person and requiring the assistance of crew members. Note that the convention authorises the pilotin command to request, but not require, the assistance of passengers to restrain any person These measures are applicable from the moment when all external doors are closed following embarkation until the moment when any such door is opened for disembarkation, Besides; If the aircraft is in flight above the State of registration or, in the airspace above of the high sea or a region being a part of no other State, the authority of the captain will apply only if the last take-off place or the next point of planned landing is situated in a State other than the State of registration. LE Zz Kae Criminal Law applicable: State of Regi Political, nd. practices Bch Unlawe aircr Pic may: - Take all reasonable measures ~ Require PNC to restrain a PAX = Request a PAX to restrain another PAX 3.3 - Private international law Private international law is aimed to resolve private conflicts between parties from different states. With the rapid increase of air transport after the 1st World War, and the first disputes, the need of a unified legal system to efficiently resolve these disputes between passengers and airlines became evident. This led to the drawing of the Warsaw and Montreal Conventions. Those Conventions only apply to international air transport. Is considered as international, a flight whose points of departure and of destination are not situated in the same country, or if those points are in the same country but a stopover is scheduled in another country. 21Conventions and Agreements b) Montreal Convention, 1999 This Convention came into force in 2003.It is meant to replace the Warsaw System. As of today, 125 States ratified the Montreal Convention. The scope of the Montreal Convention is the same as the Warsaw System as it covers the same damages. The main modfications made to the system are the limits and procedure for compensation. Indeed, there is now a double limit for passengers: ‘© Up until 113,100 SDR: it is an “objective liability", once it is ascertained that the accident or event which caused the damage took place on board the aircraft or in course of any of the operations of embarking or disembarking, or during the carriage by ir, the compensation is due. The carrier cannot exclude or limit its liability, except for damage duo to the negligence of the victim, «Above 113,100 SDR: there is still a presumption of liability, however, the carrier can also exclude or limit his liability by proving that the damage was not due to his negligence or wilful misconduct, or that it was solely due to the negligence or wilful misconduct of a third party terrorism) Definition: SDR stands for Special Drawing Rights. It is a claim of currency, the value of which is based on the value of 4 major currencies: The US Dollar, Euro, Japanese Yen and British Pound. ‘A major modemization was also to oblige carriers, if their national law required it, to make advanced payments in case of death or injury of passengers to the person entitled to claim compensation. This requirement exists in European law; carriers have to pay 16,000 SDR within 15 days from the person identification The compensation of baggage and cargo were revised, but no major change was made. Regarding the cargo, more exemptions are available to the carrier to exclude or limit his lability, like the defecting packing or the inherent defect, quality or vice of that cargo. Besides, State Parties have to require their carriers to maintain adequate insurance covering their liability under this Convention European countries comply to this system since 1997, with the implementation of regulation (CE) 2027/97. This regulation was since mocified by the regulation 889/2002 to be the exact replica of the Montreal Convention of 1999. c} Passenger rights in case of delay, cancellation or denied boarding In Europe, delays, cancellation and denied boarding are regulated by the EC 261/2004 regulation. It applies to: ‘* Passengers departing from an EU State; or * Departing from a third country to an EU destination if the carrier is registered in the EU; as long as they did not benefit from any compensations or assistance in that third country In case of delay, cancellation or denied boarding, passengers shall be immediately compensated if itis the resuk of actions or omissions of the carrier. Moreover, the carrier shall assist them in any way necessary, such as providng meals and refreshment, hotel accommodation, transportation, phone calls, reimbursement or re-routing. The carrier's requirements are specified in the Regulation regarding every hypothesis covered by its scope. ‘An amendment to this regulation was requested by EU carriers after the financial disaster of the Eyjafjall volcano. The carriers want exceptional circumstances to be taken more into account. 2201 d) eTicket ‘An electronic ticket contains all information found on a paper ticket. It was first used by United Airlines; then IATA (International Air Transport Association) promoted it and set an industry target of 100% e-ticketing. The electronic ticket became the standard in air transport on June 1, 2008. It took only 4 years to the industry to achieve the 100% electronic ticketing, and customers to accept it. The e-ticket was first implemented for freight, and then was extended to passenger. It enabled the industry to realize substantial cost savings. It was convenient for the passengers as well. With the development of internet, it made it easier to getaa ticket and modify an itinerary. f] The Convention of Rome, of 1933, and other documents related to rights in aircraft The Convention of Rome, 1933, concems precautionary arrest of aircraft. This includes whereby an aircraft is arrested, in pursuit of a private interest, by the agency of judicial or public adminsstrative authorities, for the benefit either of a creditor or of the owner or other person entitled to a right over the aircraft. Only commercial flights are concerned, This Convention explains the different immunity and the procedure of such arrests of aircraft. The Convention of Geneva, 1948, on the international recognition of rights in aircraft, establishes between the Contracting States the recognition of rights such as property, acquisition or sale of aircraft, mortgage and other records regarding an aircraft, and the procedures attached to those rights. 3.3.2 - Regulation relating to passenger rights in the event of delay, cancellation or denied boarding (EC 261/2004) a) Scope This Regulation shall apply: * to passengers departing from an airport located in the territory of a Member State of the European Union (EU) who have a confirmed reservation for the flight concemed and present themselves for check-in: ~ at the time indicated in advance and in writing by the air carrier, tour operator or, if no time is indicated, not later than 45 minutes before the published departure time; = having been transferred by the air carrier from the flight for which they held a reservation to another flight; * to passengers departing from an airport located in a third country to an airport located in the territory of an EU Member State, if the operating air carrier is a Community carrier; # to any operating air carrier transporting passengers This Requlation shall not apply to passengers travelling free of charge. However, it shall apply to passengers having tickets issued by an air carrier under a frequent flyer programme. 23Conventions and Agreements b) Denied boarding If an operating air carrier denies boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for assistance If an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers: it shall then immediately compensate them (between EUR 200 and 600 depending on the type of flight) and assist them in obtaining re-routing to their final destination c) Cancellation In case of cancellation of a flight, the passengers concerned shall be offered the following free of charge: * re-routing to their final destination, under comparable transport conditions and as soon as possible; ‘assistance (right to care) in the event of re-routing when the departure time of the new flight is at least the day after the planned departure of the cancelled flight; passengers shall be offered the following free of charge: - meals and refreshments within a reasonable time in relation to the waiting time; hotel accommodation when a stay of one or more nights becomes necessary or when a stay in addition to that intended by the passenger becomes necessary; ‘transport between the airport and the place of accommodation (hotel or other); * two telephone calls, telex or fax messages, or e-mails. The operating air carrier shall pay particular attention to the needs of persons with reduced mobility and ary persons accompanying them, as well as to the needs of unaccompanied children. Passengers shall have right to compensation by the operating aircarrier unless they are informed of the cancellation of the flight: «at least two weeks before the scheduled time of departure; + between two weeks and seven days before the scheduled time of departure and are offered re-routing allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; + less than seven days before the scheduled time of departure and are offered re- routing allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival; # the operating air carrier shall not be required to pay compensation if it can prove that the cancellation is caused by extraordinary circumstances; «the burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air cartier 2401 Where an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure. * for two hours or more for all flights of 1,500 kilometres or less; * for three hours or more for all intra-Commurity flights of more than 1,500 km and for all other flights of between 1,500 and 3,500 km; * for four hours or more for all other flights; Passengers shall be offered the following free of charge by the operating air carrier: meals and refreshments within a reasonable time in relation to the waiting time and the opportunity to make two telephone calls, or send tuo telexes, two faxes or two free e-mails free of charge ¢) Delay When the departure time is at least the day after the originally announced departure time, passengers shall be offered * free hotel accommodation ~ when a stay of one or more nights becomes necessary; - or when a stay in addition to that intended by the passenger becomes necessary; * free transport between the airport and the place of accommodation (hotel or other). Where the delay is at least five hours, passengers shall be offered a choice between reimbursement of the ticket within seven days at the price at which it was bought for the part or parts of the journey not made, or a retum flight to the first point of departure, at the earliest opportunity. 25Conventions and Agreements 04 WORLD AND EUROPEAN ORGANIZATIONS 4.1 + International Air Transport Association ; IATA co YS IATA (International Air Transport Association) was founded in L AT. A 1945 in Montreal, Canada It is a world-wide trade organisation, representing around 265 airlines from 117 countries in every part of the globe. It promotes the development of safe, economic and reliable air transportation, Ithas developed over the years two strategies: # Inter-airlines cooperation: The members of the association share technical and economic information. Price-setting coordination: Airlines used to consult the price of their air-tickets with each other via this organisation. However, since the US and European deregulation policy established in 1978, this function of the IATA is under strict surveillance of government anti-trust bodies. The association is composed of: ‘* A Director General: He/She is the permanent manager of the association. * Regional Vice-presidents, in charge of the regional departments ‘* Divisions Senior vice-presidents, in charge of the divisions of: - Member and External relations - Financial and distribution services - Airport, passenger and cargo services ~ Safety and flight operations - Marketing and commercial services CEO and Director General 4.3 - Eurocontral Eurocontrol is the European Organization for the Safety of Air Navigation. It was founded in 1963. Itisa civil and military Organization which currently numbers 41 Member States. Eurocontrol supports its Member States to achieve safe, efficient and environmentally-triendly air traffic operations across the whole of the European region. Tw EUROCONTROL 2601 It has an important role in Europe by working together with all aviation partners to deliver a Single European Sky that will help to meet the safety, capacity and performance challenges of European aviation Its primary objective is the development of a seamless, pan-European Air Traffic Management (ATM) system. To reach this objective, the EASA has delegated parts of the Single European Sky regulations to Eurocontrol Eurocontrol develops, coordinates and plans for implementation of short, medium and long- term pan-European air traffic management strategies and their associated action plans in a collective effort involving national authorities, air navigation service providers, civil and military airspace users, airports, industry, professional organizations and relevant European institutions. Eurocontrol is assisting the European Union, contributing to both the regulatory and the technology elements of the Single European Sky (SES), by drafting implementing rules, guidance and technical regulatory materal for the implementation of SES regulations; assisting Member States in exercising their regulatory functions; identifying needs for new regulations for the complex new ATM technologies and procedures delivered by SESAR (European research program to develop new ATM technologies).4.4 - EASA: European Aviation Safety Agency 4.4 - EASA: European Aviation Safety Agency 4.4.1 - Foundation EASA stands for European Aviation Safety Agency. It was created in 2002, with its headquarters in Cologne, Germany. E ASA EASA has been established by Regulation (EC) N°.216/2008 ‘of 2008/02/20. This Basic regulation was amended in 2016. Seropsan austin Safety Raney Before EASA, the JAA began in 1970 as the Joint Airworthiness Authorities. As itname suggests, its purpose was to create uniform standards regarding airplanes and engines certification in Europe. It was an associated organization of the ECAC. The countries were free to apply or not. They also translated uniform standards in French legislation (NAA had a high importance and NAA regulations were binding) Replacing the JAA Joint Aviation Authorities), the EASA became progressively the Civil Aviation Authority for European countries, taking charge of most of the rulemaking previously performed by the National Aviation Authorities (NAAs). The main advantage of the EASA, compared to the JAA, is that the regulations it publishes are automatically legally in force in the member States (Without any national translation or agreements from NASs) This European Community agency was set up by the European Council and Assembly, being given specific regulatory and executive tasks in the field of Civil Aviation safety and environmental protection. 27Conventions and Agreements 4.4.2 - Objectives The objectives of the Agency are to: * Develop common safety and environmental rules at the European level. ‘Insure the application of the decisions in its member States, via inspections, training and standardisation programs ‘* Provide the necessary technical expertise, training and research The scope of activities of the EASA progressively extended through the recent years. Since its creation (2002), it carried out the responsibility of the safety and environmental type certification of aircraft, engines and parts. It then extended it activities to the Flight Standards and licences in 2008 Since 2009, the EASA finally covers the following domains © Airworthiness Flight crews and cabin crews ‘* Operational matters ‘© Air traffic Management & Air Navigation Services © Rules of the Air * Aerodromes The EASA is developing close working relationships with counterpart organizations across the world including the International Civil Aviation Organization (ICAO), the Federal Aviation Administration (FAA) in the United States and the National Aviation Authorities (NAAs) of Canada, Brazil, Israel, China and Russia. Working arrangements between the EASA and these organizations are aimed at harmonizing standards and promoting best practices in aviation safety world-wide. 4.4.3 - EASA Regulations The centrepiece of the EASA regulations is the “Basic Regulation” EC 216/2008. This document, in addition to defining the objectives of the EASA and the applicability of its regulations, contains the main requirements for Civil Aviation. This Basic Regulation only includes the main rules. It is then completed by the Implementing Rules (IR), which contains the more technical regulations. IR are used to specify a high and uniform level of safety and uniform conformity of compliance. They are usually composed of a short introductory regulation, known as « cover regulation », and Annexes containing the technical requirements for implementation. As an example, the main articles, with their associated annexes, are the followings: 2801 Both the Basic Regulations end the Implementing Rules are published by the European Community and then are, as previously said, automatically binding in all member States. They are called the "Hard Law” In addition, the EASA publishes documents, annexes, aimed to help the implementation of the previous regulations. Those include: * Acceptable Means of Compliance (AMC): They serve as a means by which the requirements contained in the Basic Regulation, and the IR can be met. '* Guidance Material (GM): is explanatory and interpretation material on how to achieve the requirements of the Basic Regulation, IR and AMC. ‘+ And Certification Specifications (CS): They are also related to the implementing regulations, respectively their part. Like AMC and GM, they are put down as decisions and are non-binding, These documents are not legally-binding, but provide examples of application of the regulation, They are called the “soft law". Should an operator apply the Regulations via any other way than a published soft-law, this method must be approved by the National Aviation Authority, and the EASA would notify this difference to the member States. To sum-up the different types of regulation, here is a diagram representing the European regulations organization: 2gConventions and Agreements Finally, to sum-up the EASA regulations structure, here is a diagram representing the different IR, AMC and GM (The different "Part" for instance), as well as CS 3001 Basic Regulation is in yellow / IR, AMC and GM are in blue /And Certification Specifications are in green ‘As we have described the general organization of the European regulations, let's have a more precise look at the IR Airworthiness, IR Pilot Licenses and IR Air Operations regulations: 4.4.4 - Airworthiness Airworthiness requirements are stated in the Article 5 of the Basic Regulation; supplemented by the Initial Airworthiness and Continuing Airworthiness Implementing Rules. Those Implementing Rules contain some Annexes, usually called “Part” For the Airworthiness regulations, we have the following organization: Part 21: Airworthinessand Environmental Certification Crea / Part M: Continuing Airworthiness Requirements Part 66: Certifying Staff Part 345: Maintenance Organization Approvals Part 147: Maintenance Training Orgarizations 4.4.5 - Pilot Licenses Pilot licences regulations are composed of the 7th article of the Basic Regulation and the IR- Aircrew with its 7 annexes: Implementing Rules IR Annexes £C216/2008 “in PartFCL: Flight Crew Licensing ‘Annex2: Conversion of national licenses ‘Annex 3: Licenses of non-EU states Part MED: Medical PartC¢: Cabin Crew Part ARA: Authority Requirements for Aircrew Part RA: Organization Requirementsfor Aircrew | 4.4.6 - Air Operations Air Operations regulations are based on the Article 8 of the Basic Regulation, and the IR-OPS. The IR-OPS with its 6 annexes is mainly based on the former EU-OPS regulation 31Conventions and Agreements ecate/2008 | _‘ Implementing Rules IRAnnexes DEF: Definitions Part ARO: Authority Reaultements fr Air Operators Part ORO: Organization Requirementsfor Air Operators Part CAT: Technical Requirements for Commercial Air Transport Part SPA: Special Approvals Part ARA: Authority Requirements for Aircrew Part NCC: Technical Requirementsfir Non-Commercial Operation of Complex motor-powered aircrafts 32U0 aU |Annex 8 Airworthiness aircraft 34 o o 03 oa ICAO DEFINITIONS GENERAL GUIDELINES ICAO REQUIREMENTS AND PRINCIPLES ICA CONTINUED AIRWORTHINESS02 01 ICAO DEFINITIONS The following paragraph gives a few definitions in relation with Airworthiness: Aeroplane: Power-driven heavier-than-air aircraft, deriving its lift chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight. Aircraft: Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface. Appropriate airworthiness requirements: The comprehensive and detailed airworthiness codes established, adopted or accepted by a Contracting State for the class of aircraft, engine or propeller under consideration. Approved: Accepted by a Contracting State as suitable for a particular purpose. Repair. Restoration of an aeronautical product to an airworthy condition as defined by the appropriate airworthiness requirements. Satisfactory evidence: Set of documents or activities that a Contracting State accepts as sufficient to show compliance with an airworthiness requirement, ‘Type Certificate: Document issued by a Contracting State to define the design of an aircraft type and to certify that this design meets the appropriate airworthiness requirements of that State. State of Design: State having jurisdiction over the organization responsible for the type design. State of Manufacture: State having jurisdiction over the organization responsible for the final assembly of the aircraft. State of Registry: State on whose register the aircraft is entered. 02 GENERAL GUIDELINES The main principle of airworthiness (A/WW) in air transport is to ensure safety for passengers, crew and people on ground Aircraft airworthiness is divided into two main sections: * Type Certification (TC) * Continued Airworthiness (C/W) The State Authority defines the applicable requirements for airworthiness, with which the manufacturer has to comply for the aircraft's design and construction. The Authority must then verify the compliance for the deliverance of Type Certification. During the aircraft's life, the manufacturer and the Authority agree on a maintenance program to ensure Continued Airworthiness: 35Annex 8 Airworthiness aircraft Cenify= verity + astest Mainain= Corrective ‘Actions ‘with of Sofety Aleworthy ApplicableRequirement 2.1 - When is an aircraft airworthy? An airworthy aircraft is in conformity with its type design, and in condition for safe operation. The likelihood of any incident or accident as a result of malfunction, performance or handling of the aircraft is kept to acceptable levels defined by the authorities. During the aircraft's service life, airworthiness is ensured by tracking and analysing incidents and accidents. The process is as follows: Reporting = Analysis = Setting of corrective actions => Implementation => Reporting etc. To sum up, an airworthy aircraft is: * Designed according to applicable requirements * Built in conformity with its approved design * Operated within its intended environment and within its quantified and declared limitations, ‘* Maintained in accordance with procedures deemed acceptable by the responsible Authority 2.2 - Regulations The following chart sums up the different regulations covering air transport areas: Maintenance |[ Operations |{ Licensing ‘addresses manteance || Spermtom || tighter organisations owas 148 yevors = RU. 36 |@ENAC - Institut MERMOZ ~All rights reserved02 03 ICAO REQUIREMENTS AND PRINCIPLES Airworthiness is dealt by article 29, 31 and 33 of the Chicago Convention. Those articles state the following basic rule: * Aircraft must have a Certificate of Airworthiness delivered by the aircraft's state of registry, with requiements at least equal to those of ICAO. Only under these conditions is an aircraft authorized to fly over signatory countries of the ICAO. Annex 8 of the Chicago convention contains the SARP concerning aircraft airworthiness. The SARP apply to aircraft intended for the carriage of passengers, cargo or mail by international air navigation. Annex8 imposes minimum requirements for the delivery and continued validity of the Certificate of Airworthiness, in particular: * Approval of the Design * Control of the Production 3.1 - Contents of Annex 8 The following chart lists the contents of Annex 8 as well as the corresponding chapters of the EU requirements YAO ANNEX EU Requirements Par Deintons Ls cspetniions Par ik: Procedures for | Contteation & |“cemtinaing Airworthiness Part: Large Aeroplanes [Aeroplanes over S7.MTOM, —}—» 8.25 nto engines “Par IA Appleton bore Maen 2.2004 “Pac lB: Appleaon ater ach 2.2004 Perv: Helicopters 1+ csariesae Perv: small Aeroplanes = ——f—+ 8.23, Pat VE Engines | ese Par Vi: Propels = ose, 37Annex 8 Airworthiness aircraft 3.2 - Compliance with Part II of q aaa Annex 8 3.2.1. Design The approval of the design may be facilitated in some states by approving a design organisation (ex: DOA for the EU) The first step in aircraft industrial production is the definition of a certain product: the Type Design, a document defining the aircraft characteristics such as drawings, processes, limitations. If the type design complies with the relevant technical _ airworthiness requirements, the authority delivers a Type Certificate (TC) to the company designing the product. EASA Type Certificates are delivered for aircraft, engine and propeller designs. To issue a TC, several conditions must be fuliilled * Capability/Design * Compliance with the applicable type certification basis and the environmental protection requirements * Any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety. No features/characteristics make it unsafe, + The applicant to TC is prepared to comply with Obligations (in particular continued airworthiness activities). 3.2.2 - Production ‘The oversight of the production may be facilitated in some states by approving a production organisation (ex: POA for the EU). Once the product has entered the production line, the applicant must demonstrate that the finished product complies with the state's airworthiness requirements: this leads to the issue of 2 Certificate of Airworthiness by the state of registry or in the EU the issue of the EASA Form 1 for products other than aircraft 3.2.3 - Certificate of Airworthiness (CofA) a) Eligibility, issuance and continued validity of a Certificate of Airworthiness: A contracting State shall issue a CofA on the basis of a justification of the compliance of the aircraft with the design requirements spacified in the airworthiness regulations. Under Article 33 of the Chicago Convention (CofAs, issued or rendered valid by @ contracting State in which the aircraft is registered, shall be recognized as valid by the other contracting States provided that the requirements under which such certificates or licences were issued or rendered valid are equal to or above the minimum standards which may be established by this 38