"Interoperability of European air traffic management systems: towards a Single European Sky"

As stated by the EU Press Room, "The European Commission has adopted two Regulations concerning the interoperability of European air traffic management systems. The two actions aim at modernising air traffic management systems.
Vice-President Jacques Barrot, Commissioner in charge of Transport said: 'These legal instruments are milestones in the implementation of the Single Sky, as they establish clear interoperability requirements for the systems used by service providers to run their business to high safety and efficiency standards; for civil and military airspace users to make best use of congested skies, and for the air traffic controllers who handle over 27,000 flights a day.'
The 'co-ordination and transfer' Regulation establishes the requirements for automatic systems for the exchange of flight data that notify, co-ordinate and transfer flights between air traffic control units. The aim is to ensure a high level of safety and efficiency of the systems located in the same or in different Member States.
This regulation also applies to flight data exchange systems supporting the co-ordination procedures between air traffic services units and controlling military units, in accordance with the 'flexible use of airspace' Regulation.
The ‘flight plans’ Regulation sets out the procedural requirements for flight plans in the pre-flight phase. The aim is to ensure that all parties involved in submitting, modifying, accepting and distributing flight plans (i.e. aircraft operators, pilots and air traffic service units) will have the same flight plan before take off. It defines the obligations of a centralised flight planning processing and distribution service, provided through the Integrated Initial Flight Plan Processing System (IFPS), established under the authority of Eurocontrol.
The Regulation also defines the obligations in the case of flights entering European airspace without a flight plan.
Further Information on the single European sky is available on:
http://ec.europa.eu/transport/air/single_sky/index_en.htm"

"Transfer of passenger name records (PNR): The Commission adopts two initiatives to comply with the Ruling of the ECJ"

According to the EU Press Room, "The European Commission adopted today two initiatives to put a legally sound framework in place for the transfer of PNR data to the United States. These initiatives are the first European answers to correct the legal basis for the Agreement with the US that was struck down by the European Court of Justice on 30 May 2006. The Court ruled that the Article 95 EC-Treaty was not an appropriate legal basis for the transfer of PNR data which are essentially aiming to ensure public security and activities by public authorities in areas of criminal law.
As the Agreement with the United-States remains in force under international law for a period of 90 days after it is denounced by either Party, the Commission recommends to the Council to terminate the Agreement with the US before the end of this month.
At the same time the Commission asks the Council for an authorisation to open negotiations for an Agreement with the United States of America on the use of PNR data to prevent and combat terrorism and transnational crime, including organised crime."

This Press Release is available in full text.

"Who Takes the Haircut When a Carrier Fails?"

When Canada 3000 ("C3") failed in late 2001, it owed CDN$34m. to various Canadian Airport Authorities and to NAV Canada ("Authorities"). Its planes were leased from a variety of legal titleholders ("Owners"). The Authorities exercised statutory powers to seize the C3 aircraft on account of the debts. The Owners went to Court to recover "their" planes. The Authorities sued the Owners, contending they were jointly and severally liable with C3 for the debts. The Supreme Court ruled on June 9 that: a) The Owners were not jointly and severally liable for the debts; b) The Authorities' rights take priority and they CAN look to the aircraft (or the security that was posted to allow for their release) to satisfy the debts. The Court found the Owners to be sophisticated business people quite able to assess (and bear) risk. Conversely, the Authorities are obliged by law to provide services to all carriers, regardless of their solvency.
See http://scc.lexum.umontreal.ca/en/2006/2006scc24/2006scc24.html

(Originally posted by Doug Crozier)

The Court annuls Council decision concerning transfer of personal data to U.S. authorities

Following the terrorist attacks of 11 September 2001, the United States passed legislation providing that air carriers operating flights to, from or across United States territory have to provide the United States authorities with electronic access to the data contained in their reservation and departure control systems, called ‘Passenger Name Records’ (PNR). Following negotiations with U.S. authorities the Commission adopted, on 14 May 2004, a decision (the decision on adequacy) finding that the United States Bureau of Customs and Border Protection (CBP) ensures an adequate level of protection for PNR data transferred from the Community. On 17 May 2004, the Council adopted a decision approving the conclusion of an agreement between the European Community and the United States on the processing and transfer of PNR data by air carriers. The Court has now annulled both decisions. (Press relase 46/06 of European Court of Justice,
http://curia.eu.int/en/actu/communiques/cp06/aff/cp060046en.pdf)

(Originally posted by Michael Wukoschitz)

House of Lords dismissed DVT Group Action

Claimants (or their relatives) had been passengers on international flights with the defendant carriers. In each case a DVT had resulted in serious injury or death. It was assumed that DVT was caused by the flight, defendants had known about the rsik of DVT and failed to warn of such rsik or advise passengers how to avoid or minimize it. The House of Lords unanimously found that, where a passenger suffered DVT on a flight during which nothing out of the ordinary had occurred, this did not amount to an accident capable of founding recovery under Article 17 of the Warsaw Convention as the term "accident" denoted an event or occurrence having a particular quality or characteristic. For the purposes of Article 17, it was the cause of the harm which constituted the accident, not the harm itself. These requirements ruled out Article 17 recovery in DVT cases where no more can be said than that the cramped seating arrangements in the aircraft were a causative link in the onset of the DVT. Not warning of the risk and not advising passengers of precautions which might be taken to minimize the risk were non-events which could not properly be described as accidents.

(Originally posted by Michael Wukoschitz)

Commission proposes new EU plan to halt biodiversity loss

The European Commission adopted a Communication which sets out an ambitious policy approach to halting the loss of biodiversity by 2010. In particular, it provides an EU Action Plan which proposed concrete measures and outlines the responsibilities of EU institutions and Member States, respectively. It also specifies indicators to monitor progress, and a timetable for evaluations. It spells out what needs to be done to halt biodiversity loss in the EU and to meet the international commitments to reduce biodiversity worldwide. It furthermore creates an advisory mechanism to help decision-makers make better use of existing knowledge. (Press release IP/06/667 of 22 May 2006)

(Originally posted by Michael Wukoschitz)

Hawaii Tourism Authority Releases Resident Sentiments Survey Results

As long-term trend the report noted a declining belief that tourism has been “mostly good for you and your family,” although the shift has been more to perceptions of “mixed” than to “mostly bad” impacts. The survey found widespread appreciation of positive economic impacts but more questions about social and environmental impacts. For the first time, a definite majority has agreed that “this island is being run for tourists at the expense of local people.” Because past surveys have shown positive feelings towards visitors, the analysis suggests this agreement may reflect frustration over the failure of the infrastructure to keep pace with growth. The full report can be downloaded at http://www.hawaii.gov/tourism.

(Originally posted by Michael Wukoschitz)

New standard signalling for trains

The Commission has adopted Technical Specifications for Interoperability for control/command and signalling on the conventional trans-European railway network. At the moment, more than twenty different signalling and speed control systems are used in Europe, which means that most international passenger and goods trains still have to stop at the border station to change locomotive. The adopted Decision will allow these incompatible systems to be gradually replaced by a single system known by its abbreviation ERTMS (press release IP/06/404 of European Comission, see here.

(Originally posted by Michael Wukoschitz)

Aviation blacklist published

The EU Commission's Aviation Blacklist has been published in the Official Journal 24 March 2006 (see http://europa.eu.int/comm/transport/air/safety/doc/flywell/2006_03_22_flywell_list_en.pdf) The publication of the list will allow passengers to make informed choices even when they travel outside the EU, in countries where these flight bans do not apply. The preparation and finalisation of the list is the result of successful co-operation between the Commission, the Member States and the European Parliament. The Commission and the “Air Safety” Committee will continue to monitor airlines and national civil aviation authorities to ensure their adherence to internationally-agreed air safety standards. It will continue to address new threats to European air safety by updating the list when necessary, as well as recognise the progress made by airlines on the list, in order to ensure their removal once their safety deficiencies have been rectified.

(Originally posted by Michael Wukoschitz)

"European sky protected against unsafe airlines"

As stated by the EU Press Room, "The European Commission has today adopted the first EU list of airlines which are banned in the European Union. This black list of unsafe airlines will now be published on the Commission’s website. The black list has been compiled on the basis of national contributions and after an in-depth analysis with Member State experts. The list consists of 92 companies which face a complete ban and 3 companies which face operational restrictions. From now on the principle will apply that companies banned in one Member State are banned in the whole EU."

This Press Release is available in full text.

Commission tables new strategy to boost tourism in EU

The main elements of the new policy:

1. More policy-coordination: to make sure that policy initiatives affecting tourism do not hamper the competitiveness of the sector. Member States and tourism stakeholders will be regularly consulted, as for example, on the forthcoming Green Paper on Maritime Affairs covering coastal and marine tourism.
2. Improved use of available European financial instruments: Tourism will continue to benefit greatly from the financial support offered by the various European financial instruments .
3. “A European Agenda 21 for Tourism” to promote tourism sustainability: The Commission will present a proposal for an Agenda 21 , by 2007, based on input from the Tourism Sustainability Group, composed of the tourism stakeholders.
4. Better regulation: Tourism-related legislation will be part of the Better Regulation process (see Memo 05/340).
5. Enhancing the understanding of the importance of tourism by providing all decision-makers with high quality data.
6. Better promotion of European destinations: Globalisation has opened up new opportunities to attract tourists from new markets (such as China, Russia and India) able to afford high value vacations.
7. Improving the visibility of tourism: The Commission will continue to work in close partnership with all involved actors to promote the visibility of this important industry through events organised by the EU Presidencies and the Annual European Tourism Forum.
   

Press release IP/06/344 of 2006-03-21; see it here.

No subsequent review of decisions contrary to Community Law

In judgement C-234/04 of 16th March 2006 European Court of Justice ruled that a national court does not have an obligation under EC law to re-open and set aside a judicial decision which has become final, even if that decsision turns out to be contrary to Community Law.

(Originally posted by Michael Wukoschitz)

Northumbria University - Sixth International Travel and Tourism: Policy, Law and Management Conference

Copthorne Hotel, Quayside, Newcastle upon Tyne, England 17th - 19th May 2006

The Travel Industry has had a turbulent year, coping with not only the Tsunami disaster, but also what seemed to be a never ending hurricane season in Florida, the Carribean and Mexico. While all this was happening, the legislators, the regulators, the lawyers and the courts have all been busy. The ATOL scheme - the cornerstone of consumer protection in the industry, is about to undergo a radical review. The High Court has pronounced on the fundamental issue of 'What is a package?'. The EU and the US Supreme Court have had important things to say about disability discrimination in the travel industry, and the EU has brought forth more controversial legislation in the form of the new Denied Boarding, Delay and Cancellation Regulation.
All these topics are of vital importance to the travel industry, to policy makers and to travel lawyers and will be discussed at length in this, the sixth conference in this series hosted jointly by Northumbria University and Nova Southeastern University.
As usual, our prestigious panel of international speakers has been given time to debate the topics at length. The purpose is to provide delegates not only with an in-depth approach to the issues but also for them to be able to enter into a dialogue with speakers.
Additionally, the social programme, the lunches and the conference dinner will give delegates the chance to converse with each other and mingle with the speakers in a more relaxed environment.
Please download the conference brochure, which gives further details on the programme, social events and also a booking form.
To find out more about what the region has to offer in terms of accommodation, events and tourist attractions, please visit the Northumbria Tourist Board's website.

Canadian Transportation Agency and check-in times

In a January 31, 2006 decision, the Canadian Transportation Agency ruled on the efficacy of a carrier's rules regarding check-in times and gate appearance times. It decided that Air Canada: a) did not have the right to deny boarding to passengers who arrived after the carrier's "recommended" target of checking in at least 60 minutes prior to departure, but b) would have had the right to deny boarding to a passenger who did not comply with the carrier's rule that he "must" be at the gate at least 25 minutes prior to flight. The decision can be found at
http://www.cta-otc.gc.ca/rulings-decisions/decisions/2006/A/C/54-C-A-2006_e.html.
Shortly after the decision was released, news coverage of it caused the CTA concern that its ruling had been interpreted as meaning that check-in times need not be honoured. As a result, it issued a clarifying Press Release, which can be found at
http://www.cta-otc.gc.ca/media/communique/2006/060203_e.html

(Originally posted by Doug Crozier)

Authorisation to shoot down aircrafts void

German Federal Contitutional Curt held that § 14.3 of the German Aviation Security Act (Luftsicherheitsgesetz – LuftSiG), which authorised armed forces to shoot down aircrafts intended to be used as weapons against human lives, was incompatible with the Basic Law and hence void. This was decided by the First Senate of the Court in its judgment 1 BvR 357/05 of 15 February 2006. The Federal Constitutional Court held that the Federation lacks legislative competence to issue such regulation in the first place. According to the Court, Article 35.2 sentence 2 and 35.3 sentence 1 of the Basic Law (Grundgesetz – GG), which regulates the employment of the armed forces for the control of natural disasters or in the case of especially grave accidents, does not permit the Federation to order missions of the armed forces with specifically military weapons. Moreover, § 14.3 of the Aviation Security Act is incompatible with the fundamental right to life and with the guarantee of human dignity to the extent that the use of armed force affects persons on board the aircraft who are not participants in the crime. By the state’s using their killing as a means to save others, they are treated as mere objects, which denies them the value that is due to a human being for his or her own sake (Press release no. 11/2006 - for full text of judgement see
http://www.bverfg.de/entscheidungen/rs20060215_1bvr035705.html)

Airline Blacklist Regulation in force

By February 16 2006 each EU member state will have to communicate to the commission all air carriers that are subject to an operating ban in its territory. Within one month the commission will then decide on the imposition of an operating ban throughout the EU and establish a joint list. At least every three months, the commission should consider whether the list needs to be updated. For this reason, member states and the European Aviation Safety Agency should communicate all relevant information to the commission. The list will be published on the Internet and in the Official Journal. Air carriers, tour operators and ticket sellers), national civil aviation authorities, the European Aviation Safety Agency and all European airports should bring the list to the attention of passengers. Furthermore the regulation gives passengers a right to be informed of the identity of the operating air carrier at the time of reservation and of any subsequent change. Passengers will have a right to reimbursement or re-routing from their air carriage contractor if their flight is operated by a listed carrier. The new regulation will apply to all airlines, including non-EU airlines where the carriage started in the European Union, and irrespective of whether the flight in question departed from an EU airport. The provisions relating to information of passengers will come into force July 16th 2006. Member states have to ensure compliance with these rules and to implement penalties for non-compliance. The regulation is published online here.

(Originally posted by Michael Wukoschitz)

Order against human rights campaigner to stay away from Frankfurt Airport confirmed

German Supreme Court (BGH) confirmed an order by Frankfurt Airport against a human rights campaigner to stay away from the airport premises. The campaigner had handed out flyers to passengers containing a protest against deportation of a foreigner and asking passengers to refuse to turn off their cell phones in order to impede take off. BGH held that the airport was entitled to prevent the campaigner from entering its premises as she caused disruption of the airport operation. The campaigner could not rely on her freedom of free speech as there was no obligation of the airport to tolerate interferences in air traffic (BGH 20.01.2006, V ZR 134/05).

(Originally posted by Michael Wukoschitz)

Regulation on Compensation and Assistance for Air Passengers is valid

The International Air Transport Association (IATA)and the European Low Fares Airline Association (ELFAA), which represents the interests of 10 low-fare airlines from nine European countries, contested the United Kingdom’s implementation of the regulation before the High Court of Justice of England and Wales. They raised before the High Court questions concerning the validity of the regulation, in particular of the provisions relating to cancellations, delay and compensation. The High Court referred those questions to the Court of Justice of the European Communities. With regard to the compatibility of the regulation with the Montreal Convention, the Court of Justice established that this international Convention, which regulates, amongst other things, the liability of air carriers in the event of delay, binds the Community. The Court held that the assistance and ‘care’ for passengers prescribed by the Community regulation in the event of a long delay to a flight constituted standardised and immediate compensatory measures. They were not among the measures whose institution is regulated by the Convention and cannot therefore be considered inconsistent with the Montreal Convention. With regard to compliance with the obligation to state reasons and observance of the principle of legal certainty, the Court stated that the provisions of the regulation that are at issue lay down precisely and clearly the obligations owed by air carriers, clearly disclose the essential objective pursued and are unambiguous. With regard to observance of the principle of proportionality, the Court held that the compensation which passengers may claim when they have been informed of a flight cancellation too late did not appear manifestly inappropriate to the objective pursued, given the existence of a ground for exemption upon which carriers may rely and of the conditions restricting the application of this obligation on carriers. With regard to observance of the principle of equal treatment, the Court held that the situation of undertakings operating in each of the different transport sectors was not comparable. Passengers whose flights are cancelled or subject to a long delay were in an objectively different situation from that of passengers on other means of transport in the event of incidents of the same nature. The Court concluded, therefore, that its examination had revealed no factor of such a kind as to affect the validity of the provisions of the regulation that are at issue. (PRESS RELEASE No 1/06 of the ECJ; see http://curia.eu.int/en/actu/communiques/cp06/aff/cp060001en.pdf)

(Originally posted by Michael Wukoschitz)

Switzerland joins European Aviation Safety Agency

Switzerland today officially became a member of the European Aviation Safety Agency. It is the fourth non-EU country to adopt European Union aviation safety legislation after Norway, Iceland and Liechtenstein. Patrick Goudou, Executive Director of the Agency, said: “I welcome Switzerland’s membership. It is an important step towards a more integrated safety system in Europe and underlines the key role of the Agency in this system”. The four non-EU countries are represented in the Agency’s Management Board and nationals of these countries are eligible to work for the Agency.
Source: EASA-Press release 2006-11-30

(Originally posted by Michael Wukoschitz)

Tsunami Recovery Program

Four international organisations have given the green light to a natural restoration of the coastal areas in Asia. The goal is to rehabilitate the ecosystems in these areas and, as a result, to guarantee the local population income from natural resources and a safe living environment. The project was developed in response to the tsunami that hit the region on 26 December 2004. In places where mangroves, coastal forests and coral reefs were still intact, the effects were less disastrous. Through this project, the organisations want to work with governments and the local population to achieve sound coastal development. For details see
http://www.wetlands.org/greencoast/en/news.aspx?id=f634f6f1-27d3-43ae-8f9f-9b8435fa88d8

(Originally posted by Michael Wukoschitz)