"The Commission opens a formal enquiry into restrictions to air services to Sardinia"

According to the EU Press Room, "The Commission has decided to open a formal investigation into the rules imposed by Italy on 2 May 2006 on 16 air routes between three Sardinian airports and important airports on the Italian mainland. The Commission has serious doubts as to the conformity of the Italian public service obligations with the aviation market rules and considers that they may close the market to Sardinia. Italy has to react within two months upon receiving the Commission's notice.
'This possible abuse threatens the principle of public services that I strongly support. The European Commission must ensure that public services are not used to close a profitable market from competition', said Jacques Barrot, Vice-President of the European Commission in charge of transport. 'This is what the European Commission must check in this case'."

This Press Release is available in full text.

European " Community code on short-stay visas"

As stated by the EU Press Room, "The European Commission has adopted today a proposal for a Regulation of the European Parliament and of the Council establishing a Community Code on Visas.
This proposal incorporates all legal instruments governing decisions in relation to the conditions and procedures for issuing visas into one Code on Visas. This contributes to enhance transparency and to clarify the existing rules, increases the harmonisation of procedures and strengthens legal certainty and procedural guarantees.
The proposal is part of the objectives of the Hague programme to facilitating legitimate travel and to tackle illegal immigration through further harmonisation of national legislation and handling practices at local consular missions."

This Press Release is available in full text.

European "Cooperation agreement with the USA on modernising air traffic management"

According to the EU Press Room, "Vice-President Jacques Barrot, the Commissioner responsible for transport, and Marion C. Blakey of the US Federal Aviation Administration (FAA), recently signed a cooperation agreement that will ensure coordination between their respective programmes for the modernisation of air traffic control, SESAR on the European side, and NGATS ('Next Generation Air Transport System') on the American side.
'We must have compatible technologies and standards between Europe and the United States. This is obviously a question of good economic sense but also a safety issue: you cannot ask an aircraft to change over its equipment in the middle of the Atlantic depending on whether it is being controlled by the USA or Europe', said Jacques Barrot. 'With this agreement, we will be sure that the technological choices made on the two sides of the Atlantic are coordinated for the benefit of the aviation industry'.
'As FAA moves forward its aggressive air traffic modernization efforts, it’s vital that we coordinate with our global partners,' said Federal Aviation Administration (FAA) Administrator Marion C. Blakey. 'This memorandum provides the framework for a more effective, performance-based air transportation system between the United States and Europe.
'As FAA moves forward its aggressive air traffic modernization efforts, it’s vital that we coordinate with our global partners,' said Federal Aviation Administration (FAA) Administrator Marion C. Blakey. 'This memorandum provides the framework for a more effective, performance-based air transportation system between the United States and Europe.'
SESAR (Single European Sky ATM Research Programme) is currently in its definition phase which has been entrusted to a consortium of 30 companies. On 9 June 2006 the Council of Ministers adopted general guidelines for the next phase of SESAR, the 'development phase', during which all the new technologies and systems will be constructed. Ministers approved the principle of creating a 'SESAR Joint Undertaking' which will be responsible for managing the development phase.

The cooperation agreement signed by the Commission and the FAA at the Farnborough airshow will not only make it possible to put in place the mechanisms for coordinating the two programmes but also includes a reciprocity clause that will allow European industry to participate in the American programme and American industry to participate in SESAR.

For more information, see:
- 'MEMO' SESAR :
http://ec.europa.eu/transport/air/single_sky/sesame/doc/2005_11_memo_sesar_fr.pdf

- Air Transport
http://ec.europa.eu/transport/air/single_sky/sesame/index_en.htm"

DG SANCO publishes industry questionnaire on timeshare

The questionnaire is designed to collect the views of industry stakeholders on the administrative costs of current legislation, as well as the impacts of possible forms of future legislation in the field of timeshare. The aim of DG SANCO in distributing the questionnaire is to elicit a large range of industry views on the topics asked, and use the responses received as evidence in the impact assessment, which will accompany a possible proposal to revise the directive. The questionaire is available here Submissions to sanco-b2@ec.europa.eu are welcome by 11 September 2006.


(Originally posted by Michael Wukoschitz)

Union workers threaten with airport strike

Union workers are threatening with strike action at the country's national airport on 14th July, demanding airport management offer more overtime pay and better working schedules in new contract talks.

(Originally posted by Michael Wukoschitz)

"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)