010 Air Law EASA VV afeyel=yb4 ee) a0)FIRST EDITION 324 All rights reserved, No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain ather noncommercial ses permitted hy copyright law. Aviatione[xXxjam Copyright © 2022 Aviationexam ISBN: 978-80-908583-0-5. Aviationexam s.r.0. Kovarova 39/23 15500 Praha 5 Czech Republic >D AERContents About This eBook Series Foreword 1. International Law - Conventions, Agreements, Organisations 1.1. The Convention on International Civil Aviation (Chicago) - ICAO Doc 7300 1.1.1. The history of ICAO and the Chicago Convention 1.1.2. Air navigation PART | 1.1.3. The ICAO PART 2 1.2. Other conventions and agreements 1.2.1. The IASTA and the IATA 1.2.2. Suppression of unlawful acts against the safety of civil aviation 1.2.3. International private law 1.2.4. Conventions designed to cover liability towards persons and goods on the ground 1.3. International organisations1.3.1. The International Air Transport Association (IATA) 1.3.2. European organisations 1.4. Annexes 1.4.1. Original content of Convention of Tokyo, 14 September 1963 1.4.2. Original content of The Hague Convention, 16 December 1970 1.4.3. Original content of the Montreal Convention, 23 September 1971 14.4. Original content of the Montreal Protocol, 24 February 1988 1.4.5. Original content of the Warsaw Convention, 12 October 1929 1.4.6. Original content of the Rome Convention, 7 October 1952 1.4.7. Original content of the Montreal Protocol, 23 September 1978 2. Airworthiness of Aircraft 2.1. Annex 8 and the related Certificate Specifications 2.1.1. Certificate of Airworthiness (CofA) 2.1.2. Continued validity of a Certificate of Airworthiness 3. Aircraft Nationality and Registration Marks3.1. Definitions 3.2. Nationality, common and registration marks to be used 4. Personnel Licensing 4.1. Part-FCL 4.1.1. General requirements of Part-FCL 4.1.2. Commercial pilot licence (CPL) 4.1.3. Multi-crew pilot licence (MPL) 4.14. Airline Transport Pilot Licence (ATPL) 4.1.5. Instrument rating aeroplanes (IR(A)) 4.1.6. Class and type ratings 4.1.7. Other ratings 4.2. Part-MED 4.2.1. Requirements for Medical Assessments 4.2.2. Decrease in medical fitness 5. Rules of the Air 5.1. Applicability of rules of the air 5.1.1. Territorial application of the rules of the air 5.1.2. Compliance with the rules of the air5.1.3. Responsibility for compliance with the rules of the air 5.1.4. Authority of PIC of an aircraft 5.1.5. Problematic use of psychoactive substances 5.2. General rules 5.2.1. Protection of persons and property 5.2.2. Avoidance of collisions 5.2.3. Flight plans 5.2.4. Signals 5.2.5. Air traffic control services 5.2.6. Unlawful interference 5.3. Visual flight rules (VFR) 5.4. Instrument flight rules (IFR) 5.4.1. Rules applicable to all IFR flights 5.4.2. Rules applicable to IFR flights within controlled airspace 5.4.3. Rules applicable to IFR flights outside controlled airspace 5.5. Interception of civil aircraft 5.5.1. General 5.5.2. Action by intercepted aircraft5.5.3. Air-to-air visual signals 5.5.4. Radio communication between the intercepting and the intercepted aircraft 6. Aircraft Operations 6.1. Departure procedures 6.1.1. Instrument departure procedure design 6.1.2. Standard instrument departure (SID) 6.1.3. Omnidirectional departure 6.1.4. Published Information for departures 6.1.5. Area Navigation Departure Procedure (RNAV) and Required Navigation Performance (RNP) 6.2. Approach procedures 6.2.1. Instrument approach procedure design 6.2.2. Arrival segment 6.2.3. Initial approach segment. 6.2.4. Intermediate approach segment 6.2.5. Final approach segment 6.2.6. Missed approach segment 6.3. Holding procedures6.3.1. Basic parameters 6.3.2. Entry 6.3.3. Holding 6.3.4. Obstacle clearance 6.4. Altimeter-setting procedures 64.1. Height, altitude and flight level 6.4.2. Methods for altimeter setting 6.4.3. Procedure of altimeter setting 6.5. Simultaneous operation on parallel or near-parallel instrument runways 6.5.1. Modes of operation 6.5.2. Equipment requirement 6.6. Secondary surveillance radar operating procedures 6.6.1. Transponder types 6.7. Operation of ACAS equipment 6.8. Navigation aids summary 6.9. EASA Regulation (EU) 965/2012 on Air Operations 6.9.1. Subject matter and scope6.9.2. Part-SPA, Part-NCC and Part-NCO 7. ICAO Doc 4444 - Air Traffic Management 7.1. Scope and purpose 7.2. ATS system capacity and Air Traffic Flow Management (ATFM) 7.3. General provisions for Air Traffic Services 7.4. ATC clearances 7.4.1. Clearance limit 74.2. Route of flight 7.4.3, Read back of clearances 7.5. Horizontal speed control instructions 7.6. Change from IFR to VER flight 7.7. Wake turbulence 7.7.1. Wake turbulence categories 7.7.2. Wake turbulence separation 7.7.3. Indication of heavy wake turbulence category 7.8. Position reporting 7.8.1. Transmission of position reports7.8.2. Content of position reports 7.8.3. Transmission of ADS reports 7.9. Reporting of operational and meteorological information 7.9.1. Contents of routine air-reports 7.9.2. Contents of special air-reports 7.10. Separation methods and minima 7.10.1. General provision 7.10.2. Vertical separation 7.10.3. Horizontal separation 7.10.4. Horizontal and vertical separation in VMC 7.10.5. Separation of aircraft holding in flight 7.10.6. Minimum separation between departing aircraft 7.10.7. Separation of departing aircraft from arriving aircraft 7.10.8. Clearances to fly maintaining own separation while in VMC 7.10.9. Essential traffic information 7.11. Separation in the vicinity of aerodromes 7.11.1. Reduction of separation minima in the vicinity of aerodromes >7.11.2. Procedure for departing aircraft 7.11.3. Procedure for arriving aircraft 7.11.4. Information for arriving aircraft 7.11.5. Essential local traffic 7.11.6. Operations on parallel or near-parallel runways 7.12. Procedures for aerodrome control service 7.12.1. Functions of aerodrome control towers 7.12.2. Selection of runway-in-use 7.12.3. Aerodrome and meteorological information 7.12.4. Failure or irregularity of systems and equipment 7.13. Radar services 7.13.1. Identification of aircraft 7.13.2. Presentation of radar-driven information 7.13.3. Position information 7.13.4. Radar vectoring 7.13.5. Aircraft transponder failure in areas where the carriage of a functioning transponder is mandatory 7.13.6. Surveillance radar approaches (SRA)7.14. Air traffic advisory services 7.14.1. Objectives and basic principles 7.14.2. Aircraft using the air traffic advisory service 7.15. Procedures related to emergencies, communication failure and contingencies 7.15.1. Mode and code in case of unlawful interference 7.15.2. Emergency descent 7.15.3. Air-ground communication failure 7.15.4. Interception of civil aircraft 7.15.5. Fuel dumping 7.15.6. Change of radiotelephony (RTF) call sign for aircraft 7.16. Air traffic incident report 7.16.1. Transponder failure procedures when the carriage of a functioning transponder is mandatory 8. Air Traffic Services (ICAO Annex 11) 8.1. General part of Annex 11 8.1.1. Airspace and aerodromes with ATS 8.1.2. Objectives of the air traffic services 8.1.3. Divisions of the air traffic services8.1.4. Time in air traffic services 8.1.5. Service to aircraft in the event of an emergency 8.1.6. Definitions of ICAO Annex 11 8.2. Airspace 8.2.1. Classification of airspaces 8.2.2. Structure of Airspace 8.3. Air traffic control services 8.3.1. Air traffic control service applicability 8.3.2. ATC service units 8.3.3. ATC clearances 8.3.4. Air traffic flow management (ATFM) 8.3.5. Control of persons and vehicles at aerodromes 8.3.6. Transfer of responsibility for control 8.4. Flight information service 8.4.1. Provisions of FIS 8.4.2. Operational FIS broadcasts 8.4.3. Automatic terminal information service (ATIS) 8.5. Alerting service8.5.1. The stages of emergency 8.5.2. Aircraft in the vicinity of aircraft in the state of emergency 8.6. Principles governing RNP and ATS route designators 8.6.1. Definitions 8.6.2. Designator for ATS routes and RNP types 8.6.3. Composition of designator 9. Aeronautical Information Services 9.1. Aeronautical Information Publication (AIP) 9.1.1. Primary purpose 9.1.2. Structure 9.1.3. Content 9.1.4. AIP Amendments 9.1.5. AIP Supplements 9.2. NOTAMs 9.2.1, Content 9.2.2. SNOWTAM 9.2.3. Distribution 9.2.4. ASHTAM9.3. Aeronautical Information Regulation and Control (AIRAC) 9.4. Aeronautical Information Circulars (AlCs) 9.4.1. Origination of AIC 9.4.2. Formal requirements 9.5. Pre-flight and post-flight information/data 9.5.1. Pre-flight information 9.5.2. Post flight information 9.5.3. ATM service providers 10. Aerodromes 10.1. Aerodrome data 10.1.1. Reference code 10.1.2. Aerodrome reference point 10.1.3. Strength of pavements 10.1.4. Declared distances 10.1.5. Condition of the movement area and related facilities 10.2. Physical characteristics 10.2.1. Runways 10.2.2. Runway strips10.2.3. Runway end safety areas > 10.2.4. Taxiways > 10.3. Visual aids for navigation > 10.3.1. Indicators and signalling devices > 10.3.2. Markings > 10.3.3. Lights > 10.3.4. Signs > 10.3.5. Markers > 10.4. Visual aids for denoting obstacles > 10.4.1. Marking of objects > 10.4.2. Lighting of objects > 10.5. Visual aids for denoting restricted use of areas > 10.5.1. Closed runways and taxiways, or parts thereof > 10.5.2. Non-load-bearing surfaces > 10.5.3. Pre-threshold area > 10.6. Aerodrome operational services, equipment and installations » 10.6.1. Rescue and firefighting (RFF) > 10.6.2. Apron management service >10.6.3. Ground-servicing aircraft 11. Facilitation 11.1. Entry and departure of aircraft 11.1.1. General 11.1.2. General Declaration 11.1.3. Passenger and Cargo Manifest 11.2. Entry and departure of crew, passengers and baggage 11.2.1. General requirements 11.2.2. Requirements for crew members 11.2.3. Requirements for visitors 11.2.4. Requirements for baggage separated from its owner 11.2.5. Inadmissible passengers. 11.2.6. Unruly passenger 11.3, Entry and departure of cargo 11.3.1. General 11.3.2. Information required by the public authorities 12. Search and Rescue 12.1. Organization12.1.1. SAR services 12.1.2. SAR regions 12.1.3. Rescue coordination centres (RCCs) 12.2. Operating procedures for non-SAR crews 12.3. Search and rescue signals 13. Security 13.1. Objectives 13.2. Organisation 13.2.1. National organization and appropriate authority 13.2.2. Airport operations 13.2.3. Aircraft operators 13.3, Preventive security measures. 13.3.1. Objective 13.3.2. Measures relating to access control 13.3.3. Measures relating to passengers and their cabin baggage 13.3.4. Measures relating to cargo, mail and other goods 13.3.5. Measures relating to special categories of passengers 13.4. Management of response to acts of unlawful interference13.5. Security procedures in other documents 13.5.1. ICAO Annex 2 13.5.2. ICAO Annex 6 13.5.3. ICAO Annex 14 13.5.4. ICAO Doc 4444 14. Aircraft Accident and Incident Investigation 14.1, Essential definitions of Annex 13 14.1.1. Definitions 14.2. ICAO accident and incident investigation 14.2.1. Notification 14.2.2. State of Occurrence 14.2.3. State of Registry 14.2.4. Responsibility of the state conducting the investigation 14.2.5. Responsibility of the state of registry and the state of operator 14.2.6. Participation of the state of registry, operator, design and manufacture 14.2.7. Final report 14.3. Accident and incident investigation in EU regulations14.3.1. Scope and matter of the regulations 14.3.2. Occurrences 14.3.3. Reporting, analysis and follow-up of occurrences 14.3.4. Processing of occurrences A. Glossary B. Abbreviations C. Literature and Regulations D. Formulae E. Learning ObjectivesAbout This eBook Series Thank you for choosing Aviationexam as your study tool. The team of authors that has collaborated on the content of this ebook was very carefully and purposefully selected by Aviationexam to include both experts on the respective subject matters as well as professional pilots with considerable operational experience. The objective of the publisher, Aviationexam, is two- fold: 1. To provide you with a concise compilation of the study materials needed to successfully prepare for your EASA theoretical knowledge examination. All of the topics covered in this ebook are written in a comprehensible style, making it suitable for private pilots as well as students with no or little prior aviation experience. 2. To supply you with the means to establish a solid knowledge foundation, both in terms of a theoretical knowledge background and the practical use of the discussed concepts and their application in your future career as a professional pilot, You will benefit from the presented information not only in your quest to pass your knowledge examination, but also during your airline job interviews and your subsequent flight operations. Important notice - the eTextbooks are available in two versions: . The eTexbooks with white covers follow the structure of the EASA Learning Objectives AMC/GM to Part-FCL - Amendment 2, ED Decision 2016/008/R that were in effect before 2020. The eTexbooks with dark blue covers comply with the newest Learning Objectives - Amendments 4, 6 and 8 to AMC/GM to Part-FCL (ED Decision 2018/001/R, ED Decision 2018/011/R and ED Decision 2019/017/R) that came into effect in 2020. If you are unsure which of the two is applicable in your case, please consult with your flight school.Aviationexam has been the leading provider of theoretical exam preparation materials in Europe since 2004. Over the last decade, we have achieved extensive expertise in the knowledge requirements of EASA exams, which we have transferred into this study book series. This ebook covers every topic outlined by the EASA ATPL, CPL and IR syllabi for this subject. However, in many areas this ebook goes well beyond the minimum information required by the syllabus to pass your exams. You will find many practical tips from experienced airline pilots to aid you and to give you an opportunity to reach a higher degree of proficiency in all relevant aspects of flight operations. The goal of this ebook is simple - to help you become a proficient and, more importantly, a safe professional pilot. We wish you a pleasant and enlightening read. Your Aviationexam team April 20214Foreword Civil aviation is one of the fastest and most rapidly growing industry of our time. Although, people tend to describe it as “last born of juridical notions’, with the wake of the second half of the 20" century civil air travel swiftly developed into one of the most regulated sectors in the world. The key trigger for such an impressive advancement was led by aviation gradually transforming into one of the most popular means of transportation after the Second World War, which phenomenon has never really come to an end. Consequently, the purpose and role of aviation radically changed. Having recognized the situation in 1946, the international community set together and created the Chicago Convention, the document that defined the first internationally applicable and still important principles of civil aviation. Although civil aviation still had a long way to go before it reached its current level of "popularity" and affordability’, the Chicago Convention undoubtedly opened a brand new era for aviation. The journey, however, was not simple. Tremendous amount of international work and efforts had to join forces throughout the past decades to create a proper regulatory framework. As soon as travelling by air became a mass phenomenon especially on an international level a series of new aspects placed the nature of the discussion on a whole new level. Not only national but international interests had to be considered, so eventually one large comprehensive system could replace hundreds of varying national laws. The story is still ongoing. Things like fast-developing technology (e.g. aircraft manufacturing and design, IT), constant increase in yearly passenger figures or the relentlessly changing consumer rights always create new situations. All these new challenges keep aviation agencies busy with continuous improvements and updates to the existing regulatory background. Anyway, upcoming additional challenges with COVID may change the whole development. So what does Air Law really entail? What are we going to study? If we had todefine it very shortly, international air law is the collection of standards and procedures that govern civil aviation with the purpose to keep us all safe in an efficient way. The subject of Air Law itself is composed of two main parts covered in 13 chapters. As you may suspect from the introduction and the title itself, it does cover important aspects of the relevant legislative background. This part will be discovered in the first chapter of the book, “International Law: Conventions, Agreements and Organisations’. We will learn how to navigate within the most famous international contracts that define some of the basic rules and still give source of international air law, such as the Rome or Montreal Conventions. We will also familiarize ourselves with some of the key players in civil aviation managing and overseeing the realization the provisions of these conventions, such as ICAO and EASA. In the second, larger portion of the book we will study a handful of the total of 19 annexes to the Chicago Convention. Each of these so-called Standards and Recommended Practices (SARPs) detail different areas of responsibility of ICAO and its Member States. Occasionally we will have an outlook to the respective EU regulations too so we get a complex understanding of the matter. The standards and practices discussed in this part of the book are vital for your studies as they will contribute to your actual daily work as a pilot. For example, generally applicable rules of the air, procedures for air navigation under different circumstances or the role of the various air traffic service units are all structural components of international aviation and their unified application is key for safety and efficiency. You will find that all chapters of Air Law are structured in a way that the learning objectives defined by EASA are appreciated. In many cases you will encounter real life-based examples, illustrations and other interesting information supplementary to the core material. All this is not strictly part of the EASA learning requirements, however, aim to widen your perspective about certain matters or help your understanding of a given topic. Finally, note that the collection of definitions in case of each of the chapters is key for a good comprehension of the learning material and so students are encouraged to carefully study them.To conclude, the internationally harmonized rules of Air Law are fundamental contributors to the world of aviation. Without their unified application among Member States civil aviation could not be where it is today, neither from safety, efficiency nor business perspective. These rules and procedures will ensure that pilots are safe and responsible whilst flying and they will be able to conduct efficient operation in air traffic without compromising safety neither for themselves nor anyone else. This is what the subject of Air Law will teach you.International Law - Oey aN (=Val ale) ae Agreements, OrganisationsIn the first chapter, we will learn about the complex system of international law of aviation. Owing to a series of factors, like its global and national aspect including the interests of hundreds of countries or the rather significant commercial and business element of it, international air law is considered as one of the most complex branches of law. All the sometimes contradicting and yet overlapping requirements make the system of air law fairly complicated, however, the ultimate objective always remains the same: to achieve a standardized framework of international regulation that ensures a safe, fair and efficient aviation industry. As part of this chapter, we will discover the complicated system of international air law through a series of international conventions, agreements and organizations. We will start with examining the historical background of one of the key players in the field of aviation, the International Civil Aviation Organization (ICAO) who has governed international air law since its creation by the UN in 1947. We will also review the structure of its ground-breaking document, the Chicago Convention, which, as we will observe, provides the backbone of the entire subject of Air Law. The various chapters of the rest of the book will be based on the numerous annexes to the Chicago Convention each of which covering a particular area of responsibility of ICAO. After reviewing the basic principles of the Convention, we will move on to other important international agreements signed by the Member States throughout the years onwards with the purpose of further harmonising the regulations of international air travel and accommodating new situations emerging with the rapid increase of civil aviation. We will dedicate the final part of the chapter to some of the world organizations, like the International Air Transport Association (IATA), an international industry trade group of airlines concerned with the business aspects of aviation, or the most important aviation agency of the EU, the European Aviation Safety Agency (EASA).1.1. The Convention on International Civil Aviation (Chicago) - ICAO Doc 7300 1.1.1. The history of ICAO and the Chicago Convention ‘As we begin to write a new chapter in the fundamental law of the air, let us all remember that we are engaged in a great attempt to build enduring institutions of peace. These peace settlements cannot be endangered by petty considerations or weakened by groundless fears, Rather, with full recognition of the sovereignty and judicial equality of all nations, let us work together so that the air may be used by humanity, to serve humanity. President Roosevelt to the opening plenary session Owing to a series of technical developments during by the Second World War, the aeroplane industry had also accelerated, which led to an increasing amount of passenger and freight traffic. Despite this massive boom in civil aviation several political and technical obstacles still hindered the industry's smooth progression. Regulations, principles and standards in relation to cross- country flying were lagging behind and so the further development of international air travel was missing a stable regulatory background. To this end major Allies decided to organize an international conference in 1944 in Chicago in order to map out the landscape of international flying with the aim to facilitate its continued development. Out of the invited 55 states, 54 attended the so-called Civil Aviation Conference. At the end 52 of them even signed the new Convention on International Civil Aviation on 7December 1944 with the key message “to promote cooperation and create and preserve friendship and understanding among the nations and peoples of the world”. The Chicago Convention was a real turning point in the history of aviation. At last, internationally accepted standards and principles had been laid down with the ultimate purpose of embedding a peaceful global air navigation. As the Convention says, the signing countries 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. In order to safeguard this important milestone, a supervising agency, the International Civil Aviation Organization (ICAO) had been established. Ever since its creation ICAO has been working towards achieving the highest possible degree of uniformity in civil aviation regulations, standards and procedures. ICAO itself says that its main objective is: ..) to foster the planning and development of international transportation to: ensure the safe and orderly growth of international civil aviation; encourage the arts of aircraft design and operation; encourage the development of airways, airports and air navigation facilities; meet the need for safe, regular, efficient and economical air transport; prevent waste caused by unnecessary competition; . ensure the rights of Contracting States are fully respected; avoid discrimination between Contracting States; promote the safety of flight in international airspace; . generally promote all aspects of international civil aviation. Following some delay in the final ratification of the Chicago Convention, a provisional ICAO was established (PICAO) to serve as a temporary advisoryand coordinating body. Finally, on 4 April 1947 PICAO officially transformed into ICAO. The first official ICAO assembly was held in Montreal in May 1947 which also has served as a headquarter to ICAO ever since. Today there are 193 member states and 36 members of the governing Council. Later on, we will learn more about the structure of ICAO. Now that we are familiar with the historical background of the Chicago Convention and its specialized agency, ICAO, we shall go a bit more into details about the Convention's actual content. The Convention comprises four main parts (Part I-IV), Air Navigation, The International Civil Aviation Organization, International Air Transport and Final Provisions. In this part of the book we are going to go through Part | - Air Navigation and its six chapters. It shall be noted that this part of the Convention covers some basic albeit very essential principles of international air transport and hence knowing them is elementary for those who are to work in any field of aviation. 1.1.2. Air navigation PART | Note: Many of the provisions of PART | will be further discussed at more length later in the book as part of examining particular annexes to the Chicago Convention. By way of example, chapters Rules of the Air according to ICAO Annex 2. Chapter I - General principles and application of the Convention The Convention starts with defining the four general principles of international aviation, namely sovereignty, territory, the differentiation between civil and state aircraft, and finally the subject of misuse of civil aviation. Sovereignty ICAO definition: “The Contracting States recognize that every State hascomplete and exclusive sovereignty over the airspace above its territory.” In other words, although international air navigation requires an internationally unified approach to air space management with the aim to achieve globally harmonised air navigation services, states shall always retain the right to regulate their own airspace under their national law. In practice, it is at the member states’ sole discretion whether an entry to the airspace is permitted or denied, as well as all movements within their territory are to be controlled under their national law. nN x Territory Now that we know that a state has complete ownership of its airspace above its territory, let's see what does "territory" actually mean. According to ICAO: “For the purposes of this Convention 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.” In other words, the territory of a sovereign state covers all of its national land mass and its internal and territorial waters also including lands or waters outside of the given state's mainland. By way of example, any land mass which is part of or is administered by Great Britain is called British territory. You may ask the question: Who controls waters outside of a state's territory? Any part of a sea which does not belong to any coastal water (i.e. extending at most 12 nautical miles from a given coast) or inland waters (e.g. lakes, canals, rivers, watercourses, inlets, and bays) of a country is called high sea. High seas By definition: “The term "high seas" means all parts of the sea that are not included in the territorial sea or in the internal waters of a State.”renee een eM CuE eterno ed ek eel ee a essa) PE Soe Rex oo oR nee Cm a cei Rel Pre ae eee on eee ae acme Ree ee Cac eer ee een Mira tee ee ene Raita ee of such a successful cross-border air navigation are the mutual delegation between the USA and Canada or Tonga and Samoa to New Zealand and a handful of cases in Europe, e.g. from and to Finland, France, Norway, Sweden and eee Mee rae et ae eae eT ee eee cg COM eMC nee cie a cE era Mea PAK} Penh NgreXe}Figure 1.1. United Nations airplane The definition of high seas, was established in one of the four treaties created at the United Nations Convention on the Law of the Sea (signed on 29 April 1958 and entered into force on 30 September 1962). The treaty created a series of rules with regards to the treatment of high seas and ever since this treaty gives the foundation of international water management. Furthermore, it is defined that the high seas being open to all nations, no State may validly purport to subject any part of them to its sovereignty. Freedom of the high seas is exercised under the conditions laid down by these articles and by the other rules of international law. It comprises, inter alia, both for coastal and non-coastal States: 41. Freedom of navigation; 2. Freedom of fishing; 3. Freedom to lay submarine cables and pipelines;4. Freedom to fly over the high seas. In the below picture we can see the World's high seas marked with dark red. Figure 1.2. High seas Civil and state aircraft The Convention differentiates between civil and state aircraft. ICAO's standards and principles are not applicable to state aircraft (including military, customs and police services). State aircraft are only allowed to fly over the territory of other states if they possess all necessary authorizations or a special agreement with the country whose airspace they intend to use. Finally, it is claimed that local authorities shall always consider the safety of civil aircraft navigation when national regulations are made with regards to state aircraft, Misuse of civil aviation Finally, the last of the four basic principles of the Convention is the prohibitionof any improper use of civil aviation. By definition: “Each Contracting State agrees not to use civil aviation for any purpose inconsistent with the aims of this Convention.” ize Chapter II - Flight over territory of Contracting States In the second chapter the Convention continues with discussing the various rights and limitations in the case of flying into or through another member state's airspace. In order to familiarize ourselves with the principles let's first read ICAO's original definition to each of the principles with special attention to the highlighted parts, which shall help us filter out the essence of the definitions. Right of non-scheduled flight Each Contracting State agrees that all aircraft of the other Contracting States, being aircraft not engaged in scheduled international air services shall have the right, subject to the observance of the terms of this Convention, to make flights into or in transit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission, and subject to the right of the State flown over to require landing. Each Contracting State nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights. Such aircraft, if engaged in the carriage of passengers, cargo, or mail for remuneration or hire on other than scheduled international air services, shall also, subject to the provisions of Article 7, have the privilege of taking on or discharging passengers, cargo, or mail, subject to the right of any State where such embarkation or discharge takes place to impose such regulations, conditions or limitations as it may consider desirable.Ao RM eine eee ee Re Eerie CoM) Ee ied sR Cae RCo) AUR A Cel ORIN aCe RO a Neko Re Ce NL COLCA OLL CoRL Defense" by Maj Anne de Luca, PhD.Scheduled air services No scheduled international air service may be operated over or into the territory of a Contracting State, except with the special permission or other authorization of that State, and in accordance with the terms of such permission or authorization. Nowy, let’s sum up the key takeaways of non- and scheduled flight: Non-scheduled flights have the right to transit or stop in the territory of another member state even without the earlier consent of the other state. For safety reasons the other state can still decide to require the non- scheduled flight to obtain permission and/or follow prescribed routes. As opposed to this scheduled flight shall always obtain necessary permission to fly into or over another Contracting State. Cabotage 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. Each Contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any other State. According to the principle of cabotage, it is forbidden for member states to grant a foreign airline the right to operate flights between two points of its own territory (e.g. US registered airline operating between Paris and Lyon). The principle also applies the other way around, as in airlines are not allowed to engage in any agreement that would allow them to fly between two airports within the territory of another country for revenue purposes. Simply put, cabotage is the right to operate a domestic flight by a company from a different country.aes enact eT Om UIT tae eran enol Tn ene een eae ouE ona Oe act eM artes coe Rn eM eee Ur Rae ce Reece} One Reker SOS eum mea Nl een ane e st Cee enema eeu Rema Tnecoute Me hector See ec] Perak setaIt is interesting to know that in the spirit of free trade, cabotage is a fully accepted right in the European Union and so airlines (e.g. Ryanair, easyJet, Wizz Air) are able to operate bases and domestic flights outside their home countries. Landing at customs airport Except in a case where, under the terms of this Convention or a special authorization, aircraft are permitted to cross the territory of a Contracting State without landing, every aircraft which enters the territory of a Contracting State shall, if the regulations of that State so require, land at an airport designated by that State for the purpose of customs and other examination. On departure from the territory of a Contracting State, such aircraft shall depart from a similarly designated customs airport. Particulars of all designated customs airports shall be published by the State and transmitted to the International Civil Aviation Organization established under Part 11 of this Convention for communication to all other Contracting States. Applicability of air regulations Subject to the provisions of this Convention, the laws and regulations of a Contracting State relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of all Contracting States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State. Rules of the air Each Contracting State undertakes to adopt measures to ensure that every aircraft flying over or manoeuvring within its territory and that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and manoeuvre of aircraft there in force. Each Contracting State undertakes to keep its own regulations inThe term cabotage originates from the maritime industry, and specifically from the French word caboter, meaning to travel by the coast. Cabotage in shipping terms Ree a eg er eg ese ree eee ea ee from another country. During the eighteenth century, the increasing mobility of Dec etua a ANCE Soles seat ce ee en aa gee the coast of foreign countries. This practice threatened the domestic market of Reo son MSC clasthese respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each Contracting State undertakes to insure the prosecution of all persons violating the regulations applicable. In other words, the Convention requires every member state to make all aircraft registered in their state follow the rules of the air applicable in the territory they are in. It is also expected that member states always strive to keep regulations as uniform as possible and so facilitate cross-country flying. With regards to international waters, rules set out and regularly updated by the Convention shall prevail. Search of aircraft 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. By way of example, German authorities are allowed to conduct a search on an US registered aircraft which departed from a German airport. It is also permitted for them to request all mandatory documentation for review. Chapter III - Nationality of aircraft In the third, rather short and straightforward chapter the Convention explains what is meant by the "nationality of aircraft" and how it shall be reported. By definition “Aircraft have the nationality of the State in which they are registered”. For instance, Austrian Airlines have all their aircraft registered in Austria by the Austrian Civil Aviation Authority and so each of their aircraft has "OE" painted on its tail. This is called the rule of display of marks, every aircraft engaged in international air navigation shall bear its appropriate nationality and registration marks.Figure 1.3. Nationality and registration With regards to dual registration it is claimed that an aircraft cannot be validly registered in more than one State, but its registration may be changed from one State to another. In case there is a change in registry the Convention says: “The registration or transfer of registration of aircraft in any Contracting State shall be made in accordance with its laws and regulations.” Finally, the Convention describes how one shall report registrations: “Each Contracting State undertakes to supply to any other Contracting State or to the International Civil Aviation Organization, on demand, information concerning the registration and ownership of any particular aircraft registered in that State. In addition, each Contracting State shall furnish reports to the International Civil Aviation Organization, under such regulations as the latter may prescribe, giving such pertinent data as can be made available concerning the ownership and control of aircraft registered in that State and habitually engaged in international air navigation. The data thus obtained by the International Civil Aviation Organization shall be made available by it on request to the other Contracting States.” In summary:© Every aircraft shall bear a display of mark of the country it is registered in. © There is no such thing as dual registration, however, registration can be transferred. ¢ Information on aircraft registration and ownership shall be made available to other states and to ICAO by the state of registry. Chapter IV - Measure to facilitate air navigation In the next chapter the Convention details the various measures binding the signing states in respect of an integrated air navigation system. Our learning method will continue to be the same as in the previous chapter. Let's first interpret ICAO's own words with the help of the highlighted keywords and then sum up the key takeaways. Facilitation of formalities Each Contracting State agrees to adopt all practicable measures, through the issuance of special regulations or otherwise, to facilitate and expedite navigation by aircraft between the territories of Contracting States, and to prevent unnecessary delays to aircraft, crews, passengers and cargo, especially in the administration of the laws relating to immigration, quarantine, customs and clearance. Key takeaways - Member states are requested to form their law in a way that ensures a streamlined international navigation and safeguards quick and efficient customs and immigration procedures. Customs and immigration procedures Each Contracting State undertakes, so far as it may find practicable, to establish customs and immigration procedures affecting international air navigation in accordance with the practices which may be established or recommended from time to time, pursuant to this Convention. Nothing in this Convention shall be construed as preventing the establishment of customs- free airports.Customs duty: a. Aircraft ona flight to, from, or across the territory of another Contracting State shall be admitted temporarily free of duty, subject to the customs regulations of the State. Fuel, lubricating oils, spare parts, regular equipment and aircraft stores on board an aircraft of a Contracting State, on arrival in the territory of another Contracting State and retained on board on leaving the territory of that State shall be exempt from customs duty, inspection fees or similar national or local duties and charges. This exemption shall not apply to any quantities or articles unloaded, except in accordance with the customs regulations of the State, which may require that they shall be kept under customs supervision. b. Spare parts and equipment imported into the territory of a Contracting State for incorporation in or use on an aircraft of another Contracting State engaged in international air navigation shall be admitted free of customs duty, subject to compliance with the regulations of the State concerned, which may provide that the articles shalll be kept under customs supervision and control. Key takeaways - In this section the Convention goes into more detail about customs and immigration practices. It is said that Contracting States are requested to follow the recommended practices set out by this Convention, which can be updated from time to time. Flights flying in/out or through another state are exempt from duty on a temporary basis. Furthermore, it is also set out that certain products carried on board are also exempt from customs duty both in case if used by that given aircraft carrying it onboard and in case it is delivered for the use of another aircraft. Aircraft in distress Each Contracting State undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable, and to permit, subject to control by its own authorities, the owners of the aircraft or authorities of the State in which the aircraft is registered to provide suchmeasures of assistance as may be necessitated by the circumstances. Each Contracting State, when undertaking search for missing aircraft, will collaborate in coordinated measures which may be recommended from time to time pursuant to this Convention. Key takeaways: When an aircraft is in danger, local authorities shall be at the disposal of the aircraft in question and provide their assistance. If necessary, the support of the given aircraft's country of registry shall also be provided. In case of a search for a missing aircraft, forces shall always be joint by the involved states and in line with the Convention's recommendations. Investigation of accidents In the event of an accident to an aircraft of a Contracting State occurring in the territory of another Contracting State, and involving death or serious injury, or indicating serious technical defect in the aircraft or air navigation facilities, the State in which the accident occurs will institute an inquiry into the circumstances of the accident, in accordance, so far as its laws permit, with the procedure which may be recommended by the International Civil Aviation Organization. The State in which the aircraft is registered shall be given the opportunity to appoint observers to be present at the inquiry and the State holding the inquiry shall communicate the report and findings in the matter to that State. Key takeaways: ¢ The investigation shall be initiated by the state in which the event took place. * The procedures shall always adhere to the recommendations of ICAO. © The state of registry (of the aircraft) has the right to observe and get informed about the findings of the investigation by the investigating state. Exemption from seizure on patent claims:a. While engaged in international air navigation, any authorized entry of aircraft of a Contracting State into the territory of another Contracting State or authorized transit across the territory of such State with or without landings shall not entail any seizure or detention of the aircraft or any claim against the owner or operator thereof or any other interference therewith by or on behalf of such State or any person therein, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is an infringement of any patent, design, or model duly granted or registered in the State whose territory is entered by the aircraft, it being agreed that no deposit of security in connection with the foregoing exemption from seizure or detention of the aircraft shall in any case be required in the State entered by such aircraft. b. The provisions of paragraph (a) of this Article shall also be applicable to the storage of spare parts and spare equipment for the aircraft and the right to use and install the same in the repair of an aircraft of a Contracting State in the territory of any other Contracting State, provided that any patented part or equipment so stored shall not be sold or distributed internally in or exported commercially from the Contracting State entered by the aircraft. c. The benefits of this Article shall apply only to such States, parties to this Convention, as either (1) are parties to the International Convention for the Protection of Industrial Property and to any amendments thereof; or (2) have enacted patent laws which recognize and give adequate protection to inventions made by the nationals of the other States parties to this Convention. Air navigation facilities and standard systems Each Contracting State undertakes, so far as it may find practicable, to: a. Provide, in its territory, airports, radio services, meteorological services and other air navigation facilities to facilitate international air navigation, in accordance with the standards and practices recommended orzs 9 established from time to time, pursuant to this Convention; . Adopt and put into operation the appropriate standard systems of communications procedure, codes, markings, signals, lighting and other operational practices and rules which may be recommended or established from time to time, pursuant to this Convention; -. Collaborate in international measures to secure the publication of aeronautical maps and charts in accordance with standards which may be recommended or established from time to time, pursuant to this Convention. Chapter V - Conditions to be fulfilled with respect to Aircraft In this chapter we are going review the list of documentation an aircraft engaged in international navigation shall always carry on board. The specifications are quoted directly from the Chicago Convention and for an easier understanding, key parts have been highlighted. Documents carried in aircraft Every aircraft of a Contracting State, engaged in international navigation, shall carry the following documents in conformity with the conditions prescribed in this Convention: a N 2 . its certificate of registration; . its certificate of airworthiness; . the appropriate licenses for each member of the crew; . its journey log book; is equipped with radio apparatus, the aircraft radio station license; ._ if it carries passengers, a list of their names and places of embarkation and destination;7. if it carries cargo, a manifest and detailed declarations of the cargo. Aircraft radio equipment: a. Aircraft of each Contracting State may, in or over the territory of other Contracting States, carry radio transmitting apparatus only if a license to install and operate such apparatus has been issued by the appropriate authorities of the State in which the aircraft is registered. The use of radio transmitting apparatus in the territory of the Contracting State whose territory is flown over shall be in accordance with the regulations prescribed by that State. b. Radio transmitting apparatus may be used only by members of the flight crew who are provided with a special license for the purpose, issued by the appropriate authorities of the State in which the aircraft is registered. Certificates of airworthiness Every aircraft engaged in international navigation shall be provided with a certificate of airworthiness issued or rendered valid by the State in which it is registered.(CERTIFICATE OF AIRWORTHINES. o MPSHIEMBER STATE 1. Navonaty and registration mars | 2, Manufacturer and manufacturers | 3 Araf sari number ‘Seugnato 4: Categories '5: This Cerificate of Arworthiness he Crvntonon eran Cl Aron te Becemer card Repsaion NO BII200 Ade SEG epee te sooememone are vis conser to be armory when mani nd aperte nccodarce wih the regan ane Dertnent operating imtatons. o ate of sue senate: 6. This Ceraicate of Aworthines vad unless revoke by the competent authority ofthe Member Sate of regs. ‘current worthiness Review Ceticte shal be attached to ths certeate Figure 1.4. Airworthiness certificate Licenses of personnel The pilot of every aircraft and the other members of the operating crew of every aircraft engaged in international navigation shall be provided with certificates of competency and licenses issued or rendered valid by the State in which the aircraft is registered. Each Contracting State reserves the right to refuse to recognize, for the purpose of flight above its own territory, certificates of competency and licenses granted to any of its nationals by another Contracting State. Recognition of certificates and licenses Certificates of airworthiness and certificates of competency and licensesDEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION STANDARD AIRWORTHINESS CERTIFICATE N2004A PIPER PA-22-135 FAA Form 8100-2 a2) Figure 1.4. Airworthiness certificate Licenses of personnel The pilot of every aircraft and the other members of the operating crew of every aircraft engaged in international navigation shall be provided with certificates of competency and licenses issued or rendered valid by the State in which the aircraft is registered. Each Contracting State reserves the right to refuse to recognize, for the purpose of flight above its own territory, certificates of competency and licenses granted to any of its nationals by another Contracting State. Recognition of certificates and licenses Certificates of airworthiness and certificates of competency and licensesissued or rendered valid by the 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 licenses were issued or rendered valid are equal to or above the minimum standards which may be established from time to time pursuant to this Convention. Journey log books There shall be maintained in respect of every aircraft engaged in international navigation a journey log book in which shall be entered particulars of the aircraft, its crew and of each journey, in such form as may be prescribed from time to time pursuant to this Convention. Cargo restrictions No munitions of war or implements of war may be carried in or above the territory of a State in aircraft engaged in international navigation, except by permission of such State. Each State shall determine by regulations what constitutes munitions of war or implements of war for the purposes of this Article, giving due consideration, for the purposes of uniformity, to such recommendations as the International Civil Aviation Organization may from time to time make. Each Contracting State reserves the right, for reasons of public order and safety, to regulate or prohibit the carriage in or above its territory of articles other than those enumerated in paragraph above: provided that no distinction is made in this respect between its national aircraft engaged in international navigation and the aircraft of the other States so engaged; and provided further that no restriction shall be imposed which may interfere with the carriage and use on aircraft of apparatus necessary for the operation or navigation of the aircraft or the safety of the personnel or passengers. Photographic apparatus Each Contracting State may prohibit or regulate the use of photographic apparatus in aircraft over its territory.Chapter VI - International standards and recommended practices (SARPs) ‘As we discussed in the beginning of this chapter, in the spirit of safety, regularity and efficiency in international aviation, ICAO had laid down a number of international standards and recommended practices, all of which are to be respected by the Contracting member States. These are the so- called SARPs. In this Chapter, the Convention provides more insight into what SARPs really entail and how they bind the signing parties. We will learn about Article 27, 38, 39 and 40 of Chapter VI of the Chicago Convention. Adoption of international standards and procedures (Article 27) The Convention requires all member states to ensure a harmonized set of regulations, standards, procedures and organizations in respect of aircraft, personnel, airways and auxiliary services to the greatest possible extent. All this uniformity shall be donc in the spirit of facilitating the continuous improvement of air navigation. In order to pave the way for these initiatives ICAO has adopted international standards and recommended practices and procedures dealing with: a, communications systems and air navigation aids, including ground marking; b. characteristics of airports and landing areas; cc. rules of the air and air traffic control practices; d. licensing of operating and mechanical personnel; e. airworthiness of aircraft; . registration and identification of aircraft; g. collection and exchange of meteorological information;> . log books; i. aeronautical maps and charts; |. customs and immigration procedures; . aircraft in distress and investigation of accidents; . and such other matters concerned with the safety, regularity, and efficiency of air navigation as may from time to time appear appropriate. It shall be noted though that in certain cases the Convention accepts states to deviate from the standards and recommended practices and procedures, in line with the provision under Article 38. Departures from international standards and procedures (Article 38) Any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that established by the international standard. Under Articles 39 and 40, the Convention also deals with the case if someone fails to meet the minimum standards and requirements. Endorsement of certificates and licenses (Article 39) The Convention differentiates between two situations. First, the case of any aircraft or part of an aircraft failing to satisfy international standards at the time of certification. Second, the case if a person with a license fails to satisfy all the conditions according to the international standards. In both cases the regulations requests that a comprehensive enumeration of the details for the reason of failing shall be endorsed on or attached to the affected part's airworthiness certificate/license:a. 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 satisfy that standard at the time of its certification, shall have endorsed on or attached to its airworthiness certificate a complete enumeration of the details in respect of which it so failed. b. Any person holding a license who does not satisfy in full the conditions laid down in the inter- national standard relating to the class of license or certificate which he holds shall have endorsed on or attached to his license a complete enumeration of the particulars in which he does not satisfy such conditions. Validity of endorsed certificates and licenses (Article 40) According to Article 40, any aircraft part or personnel not meeting the international standards of the necessary license or certificate and so having a comprehensive list of reasons accompanying its license specifying the details of not meeting the standards as per Article 39 shall not be allowed to engage in international navigation unless it is still granted the right by the state whose territory is entered. No aircraft or personnel having certificates or licenses so endorsed shall participate in international navigation, except with the permission of State or States whose territory is entered. The registration or use of any such aircraft, in any State other than that in which it was originally certificated shall be at the discretion of the State into which the aircraft or part is imported.‘chapter! + Sovereignty ih Seas Gi and tte rere caper t + Bane of non schedules Might Fgh over territory ‘Schedule arsevtees of Contesting Sates 1 vot “ain a customs airport “Aopleabiy eat regutations Relesorene ar la of mas apart rept aons Matboreo facta ar navigation itn main proces “invetgation of aecdents chapeerv correate of eisteation ‘Condtons tobe flied with {carat of arworthiness “journey ‘edo apperen, sade navonterse “stor pssengerscargo me ‘Recoption of ceroneses ana icenses ‘Cargo restcuons caper + Adoption ofinteratona standard and procedures Internatonal standards and {eparture trom teratona standards recommendedproctices (ARPS) “dors ereates Figure 1.5. Part | - Air navigation 1.1.3. The ICAO PART 2 Now that we have reviewed the general parts of some of the relevant contents of the first part of the Chicago Convention, let's take a closer look at its organizational structure, which is defined under the articles of Part 2. Chapter VIII - The Assembly The Assembly is the sovereign body of ICAO. It comprises all the member states of ICAO. This means that 193 member states as well as a large number of international organizations are always invited to the Assembly. The Assembly meets at least once in three years upon the call of the Council at a suitable time and place. The Council also has the right to summon extraordinary meetings of the Assembly. Extraordinary meetings can also be organized at the request of not less than one-fifth of the total number ofmember states. Duties of the Assembly In general, the Assembly's main responsibility is to supervise the work of the Organization. The Assembly closely reviews the work of the Council in the technical, administrative, economic, legal and technical cooperation fields. Furthermore, it also has the power to approve amendments to the Convention ‘on International Civil Aviation (Chicago, 1944), which are subject to the ratification of the member states. Chapter IX - The Council The Council is the governing body of ICAO elected by and responsible to the Assembly. The Assembly convenes every 3 years. Currently the Council consists of 36 members who were elected on 4 October 2016 at the 39" Assembly of ICAO at Montreal along the following three categories: 1. States of chief importance in air transport: Australia, Brazil, Canada, China, France, Germany, Italy, Japan, Russian Federation, United Kingdom, and the United States. 2. States which make the largest contribution to the provision of facilities for international civil air navigation: Argentina, Colombia, Egypt, India, Ireland, Mexico, Nigeria, Saudi Arabia, Singapore, South Africa, Spain and Sweden. 3. States ensuring geographic representation: Algeria, Cape Verde, Congo, Cuba, Ecuador, Kenya, Malaysia, Panama, Republic of Korea, Turkey, United Arab Emirates, United Republic of Tanzania, and Uruguay. The President of the Council is also elected for a term of three years but he may be re-elected. Duties of the CouncilThe Council has a series of mandatory and permissive functions. A few of its major responsibilities are: Implement the SARPs, incorporate SARPs to the Convention in the form of Annexes and notify Contracting States accordingly. Consider the recommendations of the Air Navigation Commission for amendment of the Annexes. Consider any matter that is referred to by any Contracting State in respect of the Convention. Chapter X - The Air Navigation Commission (ANC) Finally, ICAO’s third body is the ANC. As described by ICAO itself, the key responsibility of the Air Navigation Commission (ANC) is to consider and recommend SARPs and PANS (Procedures for Air Navigation Services) for adoption or approval by the Council. All the nineteen members of the ANC shall have suitable qualifications and experience in the science and practice of aeronautics, as outlined in the Chicago Convention. Despite ANC members are nominated by the member countries and eventually appointed by the Commission they are independent delegates without being biased towards country specific interests. Beyond these elected delegates there are observers too supporting the work of the ANC. The ANC generally meet three times each year for about nine weeks. Duties of the ANC As far as the actual responsibilities of the ANC are concerned, it is the Council who assigns the tasks, that is mainly to manage the technical work programme of ICAO. As set out in the Chicago Convention, the duties of the ANC shall cover: a. Consider, and recommend to the Council for adoption, modifications of the Annexes to this Convention; b, Establish technical sub-commissions on which any Contracting Statemay be represented, if it so desires; c, Advise the Council concerning the collection and communication to the Contracting States of all information which it considers necessary and useful for the advancement of air navigation. Itis important to mention some of the challenges ICAO has been emphasizing ANC must address. “Improving aviation safety and air navigation efficiency while integrating increased traffic into the current aviation infrastructure, introducing advanced systems, as well as proactively identifying risks and devising mitigation measures in accordance with the ICAO Global Aviation Safety Plan (GASP) and the Global Air Navigation Plan (GANP).” If you are intrigued by the ANC’s work, check out this paper published on ICAO's website. Hierarchy of ICAO provisions Now that we have a better understanding of the organizational hierarchy of ICAO let's go over the hierarchy of its provisions too. SARPs ‘As we know very well by now, SARP™s are specifications that are compulsory (standards) and non-compulsory (recommended practices) for all member states to comply with (only standards are mandatory, recommended practices do not have to be applied and their non-application will not be notified to ICAO or in the AIP). “The uniform application of SARPs by all Contracting States is necessary in the interest of safety or regularity of international civil aviation.” PANS We also mentioned the expression, PANS - Procedures for Air Navigation Services. Besides SARPs ICAO also creates Procedures for Air Navigation Services. PANS have a lower status if compared to SARPs since they are only recommendations to the Contracting States for adoption by their national airnavigation services. Still any variation must be published in the AIP (Aeronautical Information Publication). PANS are mainly operating practices and mostly serve to amplify the basic principles in the corresponding SARPs in a more detailed manner. To conclude, SARPs and PANS are essential components in ICAO's operation. With ICAO’s own words: “SARPs and PANS are critical to ICAO Member States and other stakeholders, given that they provide the fundamental basis for harmonized global aviation safety and efficiency in the air and on the ground, the worldwide standardization of functional and performance requirements of air navigation facilities and services, and the orderly development of air transport.” eran) There are a total of 12000 SARPs concluded under 19 Annexes and five PANS to the Convention. Annexes: 1. Personnel Licensing 2. Rules of the Air 3. Meteorological Service for International Air Navigation 4. Aeronautical Charts 5. Units of Measurement to be used in Air and Ground Operations 6. Operation of Aircraft 7. Aircraft Nationality and Registration Marks 8. Airworthiness of Aircraft 9. Facilitation 10. Aeronautical TelecommunicationBe ER SRC Ro eRe miro Ree eae eld Letter Luli co con Accident Investigation Aerodromes PNA Ree Eee a ao ONE e ROUad Aeronautical Telecommunications and Radio Aids eed ECR eC Lae eee Lid Rules of the Air and Air Traffic Control Pere ie Meoreny TET re eRe a Safety Management Systems of Dimensional Units Dees Mit eeR URI RMU Rte Cee Ceo eae) amos a11. i, 13. 14. iG, 16. 7 18. 19. Air Traffic Services Search and Rescue Aircraft Accident Investigation Aerodromes and Heliports Aeronautical Information Services Environmental Protection Security The Safe Transport of Dangerous Goods by Air . Safety Management PANS: al 2. 3. 4. 5 . PANS-ATM: PANS - Air Traffic Management (Rules of the Air and Air Traffic Services, ICAO Doc 4444) . PANS-TRG: PANS - Training (ICAO Doc 9868) . PANS-OPS: PANS - Aircraft Operations (ICAO Doc 8168) Volume | - Flight Procedures Volume Il - Construction of Visual and Instrument Flight Procedures. . ABC - ICAO Abbreviations and Codes (ICAO Doc 8400) . Regional supplementary Procedures (ICAO Doc 7030)Beene eee Nee ue rue a nuestra NN en Rene ee ck ence ae Peer se cM ete eae RrSoversign body reve sesembly) eae assembly )-Mectsanceevey3yers ly) Spenco + approves onvection amendments appoint assign tasks council Governing body Independent body 36 elected memebers 19 members of suitable qualifications “elected every 3 years meets 3 times a year for about 9 weeks implement/incorporate SARPS ‘consider and recommend SARPS. considers recommendations of ANC “aise corel of information olected “considers matters reffered to by rom contracting states ‘contracting states ‘manage the technical work programme tracting stat manage Progra nominate contracting states Figure 1.6. ICAO structure wal1.2. Other conventions and agreements Besides the remarkable milestone of the Convention of Chicago there is host of other conventions and agreements as well that also play(ed) a valuable role in the continuous development of air travel. In this coming section we will review the most important events and agreements that contributed to modern aviation as we know it today. 1.2.1. The IASTA and the IATA Thanks to the debate that unfolded around the extent of commercial aviation liberalization, the Chicago Convention had come to one of its most important achievements, the establishment of the "Freedoms of the Air". The freedoms of the air are a series of commercial aviation rights defining the privileges of commercial airlines in respect of entering and landing in the airspace of another country. The main purpose of these set of principles was to sign a multilateral agreement that would support the safe and orderly development of international civil aviation in the spirit of equal opportunity and economic viability. By this, the Chicago Conference marked a long step forward in liberalizing one of the most restrictive and highly regulated industries of the world. Given its importance, we will dedicate this sub-chapter to examine the actual content of these privileges and see what they actually mean by using real life examples. There is a total of nine freedoms, out of which only the first five rights have been officially recognized by a big international treaty (the Chicago Convention) and the rest are not governed by any large international agreement but still widely accepted on a case by case basis in the form of stand-alone air services agreements (i.e. bilateral agreements). The first two freedoms are commonly known as technical freedoms and are set forth in the International Air Service Transit Agreement (IASTA), also known as the "Two Freedoms Agreement’. For the first five rights all together the International AirTransport Agreements (IATA) was concluded, also known as the "Five Freedoms Agreement”. Besides the first two technical freedoms this latter also comprises the so-called commercial freedoms. As said, there are a bunch of other freedom rights as well. We will see that the higher the number of a given freedom is, the less frequent and more controversial it is. The most liberal form of an agreement two countries can make is the so called open skies agreement that usually grants many if not all the available freedoms. A good example for such a liberal aviation market is the European Union, which has created the single aviation market. Allin all, the framework of the freedom rights has done a great job. They have simplified and standardized the world of aviation and therefore they became the backbone of international commercial aviation. The two technical freedoms of the First freedom of the air Definition: “Each Contracting State grants the privilege to fly across its territory without landing to the other Contracting States in respect of scheduled international air services.” In other words: Any aircraft whose country of registration (i.e. home country) is a Contracting State (i.e. has signed up for the IASTA) has the right to cross the airspace of another Contracting State without performing a landing in that country’s airspace during its scheduled journey. This right is commonly called the right to transit. Since the end of the Cold War, the first freedom of air is almost completely universal, however, interestingly Brazil, Russia, Indonesia and China never joined the treaty. Moreover, Canada left the treaty in 1988. Despite its common nature in many cases countries still require prior notification for an overflight and they also have the right to impose a fee for granting this privilege. This is called overflight fees. Example: Cathay Pacific (registered in Hong Kong) overflying the UAE (UnitedArab Emirates) with final destination in London, UK.Although the first freedom is more or less universally applied, there are eee cua Re Nake sees ea NR et ee anual iy AT ey ae oN cl and who cannot enter its airspace. For instance, in the European Union, although Dea eee ee caer ee ea Teer capac aetna ee ee Race ae eta Poeun gtd atic) ree RECOM As explained above, flying over another country's airspace does not come for free. Tee ek AP ee nae ay Sita en hm Reece R CU Tee aca neue CIC ogee tere aes ton cn airspaces around the world, which is exactly the reason why airlines regularly ieee NMC Mat Ca nt ur ture CuO CesT Sa U leh ee) via East US instead of operating the more efficient Greenland - Iceland route so Feeney eid eeu EMR ae eae ee many factors the routing decision is based.Figure 1.8, First freedom of the air Second freedom of the air Definition: “Each Contracting State grants to the other Contracting States the privilege to land for non-traffic purposes in respect of scheduled international air services.” In other words: The second freedom gives right to stop in one country for refuelling or maintenance services during the way to another, third country. This is commonly called a technical stop where passenger disembarkation and embarkation are not involved. Owing to the fast-developing airline manufacturing industry the range of nowadays’ aircraft is getting longer and longer as well as increasingly fuel-efficient thus this second freedom right is, rarely exercised. By way of example, a modern aircraft can fly as long as 9000 miles without having to stop for fuel! One recent example of losing the needFigure 1.8, First freedom of the air Second freedom of the air Definition: “Each Contracting State grants to the other Contracting States the privilege to land for non-traffic purposes in respect of scheduled international air services.” In other words: The second freedom gives right to stop in one country for refuelling or maintenance services during the way to another, third country. This is commonly called a technical stop where passenger disembarkation and embarkation are not involved. Owing to the fast-developing airline manufacturing industry the range of nowadays’ aircraft is getting longer and longer as well as increasingly fuel-efficient thus this second freedom right is, rarely exercised. By way of example, a modern aircraft can fly as long as 9000 miles without having to stop for fuel! One recent example of losing the needfor the 2°4 freedom right is Qantas airline's flight from Perth to London. Until 2017 the flight had been scheduled with a fuel stop in Dubai but with Qantas's new 787 Dreamliners the very first direct commercial service could be opened between the two continents. This means that in practice there is really very little need to schedule a fuel stop and so, similarly to the first freedom, the second freedom is mostly universal among countries. Example: Cathay Pacific (registered in Hong Kong) stopping in Dubai, UAE for fuel with final destination in London, UK. Figure 1.9. Second freedom of the airNee murat ee Reka cee nae heen a te the case of Shannon Airport in Ireland. Until the 1960s due to its geographic location, as in being geographically the closest European airport to the US, SIM CUPA eats RO eR n mT ace te a etc eM aac Back then the Airport used to handle hundreds of flights per day only stopping by for fuel. For reference, today Shannon Airport welcomes only a fraction of this Tafel alae Uren Puasa oN Rogue econ Rie ON aa eeu eer tye times of the Soviet Union. Due to the prohibited airspace over the USSR, flights eo AUP CNC a ogee es ATEN Ra to reach their destination and so a technical stop in Alaska was always scheduled. As a result of this very inefficient routing these flights took up to 22 hours instead Canela Ts22 hours 12 hours. Figure 1.10. Second freedom of the air The three commercial freedoms of the air Third freedom of the air Definition: “The right or privilege, in respect of scheduled international 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.” In other words: The third freedom is essentially the right given to a carrier to operate from its home country to another country. This right is granted to. almost every international airline so there is an endless number of examples demonstrating the third freedom right in action. Example: If we go back to our original example the third freedom is simply when Cathay Pacific (registered in Hong Kong) flies to Perth, Australia.Figure 1.11. Third freedom of the air Fourth freedom of the air Definition: “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.” In other words: The fourth freedom right in basically the reverse of the third freedom right. If the fourth right is granted to an airline it means that it can operate a commercial flight from a given country back to its home country. Logically, if a carrier is granted the third right (to fly passengers to another country from its home country) it only makes sense to also give them the right to fly passengers in the opposite direction as well. It is very rare or even non- existent to not to allow an airline these two rights together. Example: The fourth right is simply the return flight of the previous example, ie, Cathay Pacific's flight back to Hong Kong from Perth, Australia.Figure 1.12. Fourth freedom of the air Fifth freedom of the air Definition: “The right or privilege, in respect of scheduled international 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.” In other words: If the fifth freedom is granted to an airline, it is then allowed to carry passengers between two foreign countries as long as either its final destination or the original departure point is located in this given carrier's home country. This freedom is very similar to the second right and hence in many cases the two of them are granted together. By way of example, if an airline is allowed both the second and fifth freedom then besides fuelling up the carrier can also pick up new passengers at the granting country and continue its journey to the end destination. It is important to note that the route shall either originate or terminate in the carrier's country of registry. Example: Cathay Pacific's (registered in Hong Kong) flying from Hong Kong toNew York via stopping in Vancouver, Canada for fuel and passengers. Figure 1 Fifth freedom of the air ize) Sixth freedom of the air Definition: “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.” In other words: The right for an airline to transport passengers from one foreign country to another via its home country. In common terms, the sixth freedom is the right to connect passengers. The sixth freedom is the most popular freedom right out of the four unofficial freedoms. There are airlines entirely built on connecting traffic, such as Turkish Airlines, Qatar or Etihad, etc.In order to have a full picture of all the freedoms of the air, you will now receive a ree ae ame eC A eee Re eT OE ad eet rar sea age ue eee oe accu ce Brena uA ee Reo cece utero agr Rr Mon aa Renae ren eM ee gees aM oe ase fee ea ee ee ncSeventh freedom of the air Definition: “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 third State with no requirement to include on such operation any point in the territory of the recipient State, ie. the service need not connect to or be an extension of any service to/from the home State of the carrier.” In other words: The seventh freedom right allows an airline to fly between two foreign countries without ever connecting to its home country. For instance, the Irish low-cost carrier, Ryanair operating a flight between Budapest, Hungary and Barcelona, Spain. Eighth freedom of the air Definition: “The right or privilege, in respect of scheduled international air services, of transporting cabotage traffic between two points in the territory of the granting State on a service which originates or terminates in the home country of the foreign carrier or (in connection with the so-called Seventh Freedom of the Air) outside the territory of the granting State (also known as an Eighth Freedom Right or "consecutive cabotage").” In other words: The eighth freedom allows an airline to fly between two airports within one foreign country and then continuing to its home country. Note: The difference between the 8" and the 5 freedom is that while under the 5°” freedom the airline is operating between two different foreign countries under the 8t* freedom the airline is connecting two airports within the same foreign country. The similarity is that under both rights the airline is obliged to either originate or terminate on home turf. Ninth freedom of the air Definition: “The right or privilege of transporting cabotage traffic of the granting State on a service performed entirely within the territory of the granting State (also known as a Ninth Freedom Right or "standalone" cabotage).” In other words: the right for a foreign airline to fly within a foreign country without continuing to its own country. For instance, Irish carrier, Ryanair flying between London, UK and Belfast, UK. 1.2.2. Suppression of unlawful acts against the safety of civil aviation Powers of the Aircraft Commander The Tokyo Convention also provided the aircraft captain with the power to restrain a passenger in case the passenger was jeopardising or about to jeopardise flight safety. As the Convention says: The aircraft commander may, when he has reasonable grounds to believe that a person has committed, or is about to commit, on board the aircraft an offence or act, impose upon such person reasonable measures including restraint which are necessary: a. to protect the safety of the aircraft, or of persons or property therein; or b. to maintain good order and discipline on board; or cc. to enable him to deliver such person to competent authorities or to disembark him in accordance with the provisions of this chapter. Furthermore, the commander of the aircraft was given the right that it may require or authorize other members of the crew to provide their assistance and may request (but not require) the assistance of passengers with regards to restraining suspected offenders. Upon restraining unruly passengers on board, the captain also became entitled to disembark the suspected offender at the closest airport and/or may deliver him to the competent authorities of the state where the aircraft landed. At the same time, the aircraft commander was also required to always notifythe authorities of such State of the fact that a person on board is under restraint and of the reasons for such restraint. The commander shall do it as soon as practicable, if possible even before landing. Itis important to note that none of the parties involved in any action listed above could be held responsible in any proceeding on the account of the treatment of the suspected offender according to the Convention. Finally, it shall be noted that none of the articles of "Powers of the Aircraft Commander" apply for flights in the airspace of the state of registration or over high seas or any other area outside the territory of Contracting States unless the last point of take-off or the next point of landing is situated in a state other than the state of registration. Remember, that an aircraft is considered to be in flight: at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation, (It is worth stressing that this definition is only for this convention, other applications (such as flight crew licensing, maintenance etc.) have other definitions of when the aircraft is in flight. 1.2.3. International private law With air travel becoming more and more popular for civilians, besides safety and security there was another key topic the international community became more and more engaged with. This was the question of cross-border liability. For the purpose of obtaining a comprehensive view over today's modern international private law concerning the aviation sector, we shall go through the brief history and events that fuelled the development of air law since the early 20" century. The Warsaw Convention in 1929 Note: Relevant articles of the Convention is supplemented in Annex 5. The very first momentum in the harmonization of international private lawwas the diplomatic conference held in Warsaw in 2 October 1929 when the Warsaw Convention was created. The main goal of the conference was the Unification of Certain Rules Relating to International Carriage by Air. The conference was preceded by a series of failed attempts by the French government to meet for the purpose of concluding an internationally unified act about liability in international air carriage. The need for such a harmonized system came up already after the First World War when airlines started to operate commercial flights for remuneration. However, once the French government realized that it is not sufficient to establish national laws, they initiated international talks on the topic. Finally, the first meeting took place in Paris. A preliminary draft was studied at the conference, however, due to the lack of expert presence at the meeting it is was agreed that prior to a final submission, the material would be reviewed by a group of experts in field of operation and law. And so, the International Technical Committee of Legal Experts on Air Questions (i.e. Comité International Technique d’Experts Juridiques Aériens, CITEJA) was formed and developed the final proposal presented at the Warsaw Conference later on. Passenger and luggage tickets The Warsaw Convention truly marked a milestone in private international law. The Act became the first legal instrument governing liability towards passengers and goods. As it is set out in the Convention: “The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.” In case of passenger carriage, the Convention set a 125 000 francs limit of liability for each passenger. In case of registered luggage and goods, the liability of the carrier was limited to a sum of 250 francs per kilogram. The carrier also became obliged to issue a ticket for each passenger and the ticket was requested to always contain all the following information. The place and date of issue;a. the place of departure and of destination; b. the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character; c. the name and address of the carrier or carriers; d, a statement that the carriage is subject to the rules; relating to liability established by this Convention. Similarly to the passenger ticket, the Convention mandates carriers to deliver a ticket for the carriage of luggage, except for small personal objects that would stay in charge of the passenger himself. “The luggage ticket shall be made out in duplicate one part for the passenger and the other part for the carrier.” The convention also set forth that in case of the loss of the passenger or luggage ticket the contract of carriage between passenger and carrier would still be considered as valid. If the carrier accepts a passenger without a passenger ticket, the passenger would, however, not benefit from the provisions of the convention. The Warsaw principles still form the backbone of modern international aviation thus being familiar with them is of key importance! The Hague Protocol in 1955 Although the Warsaw Convention did resolve many legal conflicts, it was revised in 1952 by ICAO. The main reason for the revision was triggered by the rapid development of the aviation sector and the series of new situations that emerged along with it. The diplomatic conference took place in The Hague in 1955 and was called the Hague Protocol, which was also accepted by the Council of ICAO. The two conventions (Warsaw and The Hague) are read and interpreted together as one single instrument to be known as the Warsaw Convention as amended in The Hague in 1955.The Montreal Convention in 1999 Although, the issue of a harmonized liability limit had settled for a while, the topic re-emerged in the form of some serious disputes in the early 1960s. It was the USA who particularly made it clear that it considered the limit far too low and so it was even ready to go as far as a full withdrawal from the Convention. The situation further aggravated by the fast-developing air transport industry mobilizing more and more passengers creating more and more situations involving the question of liability, all of which initiated the need for a comprehensive revision of the Warsaw System. Following a series of meetings and conferences on the topic, the new Montreal Convention was finally born. It was essentially the modern version of the Warsaw Convention, called the Convention for the Unification of Certain Rules for International Carriage by Air signed on 28 May 1999. Although the principles of the Warsaw System remained the main pillar of modern aviation, the new treaty established a series of modernizations in a number of key areas. The number of participants was record breaking, 525 representatives from 121 Contracting States, one non-Contracting State and 11 international organizations attended the three-week conference. The new convention completely replaced the outdated Warsaw Convention and its amendments by a single legal instrument. The key innovation of the Convention was the creation of the concept of unlimited liability. As opposed to the Warsaw Systems rigid liability concept, the Montreal Convention established a two-tier liability system making the whole structure far more flexible. The first tier includes strict liability up to 100000 Special Drawing Rights (SDR), in 2020 approximately 124000 €, irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. iN EU regulation No 261/2004 As part of the development of international private law in respect of airPisa es ee a a ae eee gue Crane Re ee me ee Mn re Pe eee ea nae ee eee aed place on board the aircraft or in the course of any of the operations of Cg ee Ee Although many legal questions became resolved with the creation of the Warsaw System and the Montreal Convention, article 17 still raised many questions when Tee a ae es eee Wr om a Rae ies ceca na koa eC aa a c "damage sustained in the event of death or bodily injury"? What does it really Sree se ecu ci aa Sen ee aaa leeie e ecm MLL erm Le Le ea Ae a meet aed eee ONC interesting court rulings. Let's check out one example. Ms. Tsui Yuan Tseng alleged emotional injury Peete Ree eet aR ee MeN eco R cer en mid-hip and was searched with a hand-held metal detector by a female security Pte Meee Aue cou eu ANA n SMe arte ea Pig ec aN ION Rasta ee a eee cn UP re SUA Cee ut eae Re VOL CO MN ene ine EWE ee ae Cae Rati etre sg Pe en eee ck eect eM gee RST cut eter Rar eae oe ees ee eco Poe iene: ue cot Ca eRe an ones conditions for liability under the Convention.” In other words, recovery for an Nose eM RCC EAC eC tne cec ise Reon aU ee ee re are Ocenia Ke eu ats Eve ee MU meee ceo lea Cok eT Pe EU Ree ie eo Ree aortastransport we have to mention the regulations created by the European Union on passenger rights in case of delay, cancellation and denied boarding. Regulation No 261/2004 of the European Parliament and of the Council was signed on 11 February 2004 with the aim to establish common right on compensation and assistance to passengers in case of the listed events. These are: (1 Article 4 Denied boarding: 1. When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. Volunteers shall be assisted in accordance with Article 8, such assistance being additional to the benefits mentioned in this paragraph. & 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 against their will. 3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9. Article 5 Cancellation: 1. In case of cancellation of a flight, the passengers concerned shall: a. be offered assistance by the operating air carrier in accordance with Article 8; and b. be offered assistance by the operating air carrier in accordancewith Article 9(4)(a) and 9(2), as well as, in event of re- routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1) (c); and . have the right to compensation by the operating air carrier in accordance with Article 7, unless: i. they are informed of the cancellation at least two weeks before the scheduled time of departure; or i. they are informed of the cancellation 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; or they are informed of the cancellation 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. 2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport. 3. An operating air carrier shall not be obliged to pay compensation, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. 4, 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 carrier.Article 6 Delay: 1, When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure: a. for two hours or more in the case of flights of 1500 kilometres or less; or b. for three hours or more in the case of all intra~Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or c. for four hours or more in the case of all flights not falling under (a) or (b), passengers shall be offered by the operating air cartier: i. the assistance specified in Article 9(1)(a) and 9(2); and ii, when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and iii. when the delay is at least five hours, the assistance specified in Article 8(1)(a). 2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket. Article 7 Right to compensation: 1. Where reference is made to this Article, passengers shall receive compensation amounting to: a, EUR 250 for all flights of 1500 kilometres or less; b. EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1 500 and 3500kilometres; c. EUR 600 for all flights not falling under (a) or (b).. In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time. 2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked: a. by two hours, in respect of all flights of 1500 kilometres or less; or a . by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or . by four hours, in respect of all flights not falling under (a) or (b); the operating air carrier may reduce the compensation provided for in paragraph 1 by 50%. 3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services. 4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method. Article 8 Right to reimbursement or re-routing: 1. Where reference is made to this Article, passengers shall be offered the choice between: a. reimbursement within seven days, by the means provided for inArticle 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity; b. re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or :. re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats. 2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC. 3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger. Article 9 Right to care: 1. Where reference is made to this Article, passengers shall be offered free of charge: a, meals and refreshments in a reasonable relation to the waiting time; b. hotel accommodation in cases: i. where a stay of one or more nights becomes necessary; orii, where a stay additional to that intended by the passenger becomes necessary; c. transport between the airport and place of accommodation (hotel or other). 2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails. 3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children. EC No 889/2002 According to Regulation EC No 889/2002 there are uniform liability limits for loss of, damage to, or destruction of, baggage and for damage occasioned by delay, which apply to all travel on Community carriers, which ensure simple and clear rules for both passengers and airlines and enable passengers to recognise when additional insurance is necessary. In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (in 2020 approximately 1240 €). The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (in 2020 approximately 1240 €). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carricr is liable only if at fault. A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee. If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within sevendays, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal. 1.2.4. Conventions designed to cover liability towards persons and goods on the ground We have come to the final part of the Section 1.2. It is time we learn about the key events in the history of aviation when significant decisions were made in respect of liability in case of accidents on the ground caused by an aircraft. The Rome Convention in 1933 and 1952 Imagine a mid-air collision between a German and French aircraft in the airspace over Italy. The accident does not only injure passengers on board but people on the streets and causes damage to the surface too in the area of the crash. The case would be fairly straightforward in case of two Italian flights, as in that case the place of the trial would naturally take place in Italy considering all parties involved are Italians. In our case, however, lots of questions would be raised. To what court could the case be brought? How could the case be executed? The question of compensation to damaged persons on ground without any contractual relation with the aircraft operator became long- debated object to the international community of aviation. For a while international discussion on the topic seemed to be rather unproductive as parties struggled to resolve their differences of opinion. Eventually they came to an agreement to sign a rather vague agreement, the 1933 Rome Convention. The Convention provided for a system of absolute liability for owners of aircraft in international air flight for damage to third persons on the surface. This absolute liability was, however, supplemented with a reasonable limit on the amount of compensation in order not to hinder the development of international air transport. The Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface was signed on 29May 1933 by the delegates of twenty states but eventually it was only ratified by the minimum required five states. At the same time another convention was also signed in Rome, the so-called Convention for the Unification of Certain Rules Relating to the Precautionary Arrest of Aircraft. The object of this latter Convention was to limit and regulate the right of arrest. “This is defined as any act whereby an aircraft is seized, in a private interest (... for the benefit either of a creditor or the owner or holder of a lien on the aircraft, where the attaching claimant cannot invoke a judgement and execution, obtained beforehand in the ordinary course of procedure or an equivalent right of execution.” In other words, this convention states that no aircraft can be seized without legal judgement. The 1933 Rome Convention did not achieve wide acceptance after all, it was far from being popular. After almost twenty years of further debate on the topic, the international community convened once again in Rome on 9 September 1952. This was the first diplomatic conference on private air law after the Second World War. This time, delegates were much more successful. After a number of years of intensive work, they managed to sign an internationally harmonized law on Damage Caused by Foreign Aircraft to Third Parties on the Surface. A group of experts (Legal Committee, the Air Transport Committee and the Council of ICAO) had carried out a comprehensive investigation on the issue of liabilities towards third parties. The study contributed to a successful unification of the law relating to recovery by persons who suffer damage caused on the surface by foreign aircraft, while limiting the liabilities of those responsible for such damage on an international level: © Liability for damage giving a right to compensation, for each aircraft and incident, the maximum is 10 500 000 francs plus 100 francs per kilogram over 50000 kilogram for aircraft weighing more than 50000 kilogram. © The financial limit of the absolute liability was raised to a maximum of 500000 francs for each person killed or injured. Besides raising the limit of liability, the Convention also deals with a series of related matters such as apportionment of claims, financial securityrequirements, jurisdiction and enforcement of judgments. The Montreal Protocol in 1978 The international community once again convened in Montreal on 23 October 1978. One of the reasons for another revisit to the law of liability to third parties was the severe limitation on the limit of liability, the provisions of jurisdiction and financial security. Delegates from 58 states signed the Protocol to amend the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface and signed it at Montreal on 23 October 1978. The protocol entered in to force only in 2002. The Convention simplified the content of the Rome Convention and most importantly adjusted the limits of liability. It must be noted though that neither the Rome Conventions nor the Montreal Protocol ended up being successful. Now, that we have reviewed all the other conventions and agreements’ section let's try to sum ‘up what we have learned on a timeline prepared for each sub topic! 1. Suppression of unlawful acts against the safety of civil aviation ‘The Rome Convention} —{The Rome Convention ‘Montreal Protocol Figure 1.14. Conventions and protocols (summary) uy1.3. International organisations We have come to the final part of the first chapter of Air Law. In this part we will review the operation of some of the most important agencies working on the field of international aviation dedicated to manage certain sections of the industry. 1.3.1. The International Air Transport Association (IATA) Background IATA is an international industry trade group of airlines headquartered in Montreal, Canada, close to the International Civil Aviation Organization (ICAO). IATA was formed in April 1945, in Havana, Cuba. At its founding, IATA had 57 members from 31 nations, mostly in Europe and North America. Today it has about 290 members from more than 140 nations in every part of the world, representing around 82 % of international air traffic. It is the successor to the International Air Traffic Association, founded in 1919. Objectives Originally, its prime objective was to overcome the complexities and problems arising from the rapid expansion of civil air services and World War II. The international community wanted to promote safe, regular and economic air transport and provide means of collaboration among the carriers as well as to cooperate with ICAO. The aims include an active role in the establishment of fares, rates and charges for the carriage of passengers, baggage and cargo. IATA has not changed much over the years in terms of its mission. Today, IATA supports many areas of aviation activity and helps formulate industry policy in critical aviation issues. As per the Articles of Association of IATA, the main objectives are: 1, to promote safe, regular and economical air transport for the benefit ofthe people of the world, to foster air commerce and, to study the problems connected therewith; N . to provide means for collaboration among the air transport enterprises engaged directly or indirectly in international air transport services; © . To cooperate with the International Civil Aviation Organization and other international organizations; 4, to provide a common platform for travel agencies/tour operators; vw . to promote and develop international tourism. 1.3.2. European organisations In this sub-section we will focus our attention on organisations operating as part of the European Union. Since the EU's Internal Market for Aviation was established in 1992, there has been a series of improvements in air travel among EU member states all of which have significantly moved forward mobility within the EU. Following to the creation of the free internal market, today, air travel is safer, cheaper and open to more people than ever before. A large part of this improvement was thanks to the dramatic changes in the regulatory landscape of the EU most of all to the fact that a series of national rules had been replaced by a single set of EU rules, known as the EU Internal Market for Aviation. The organisations we are going to review now are keys to the operation of the EU's Internal Aviation Market. European Aviation Safety Agency (EASA) The European Aviation Safety Agency or EASA is an agency of the European Union with responsibility for civil aviation safety. The agency was established in 2002 taking over the role of the Joint Aviation Authorities. Its mission is to: 1. ensure the highest common level of safety protection for EU citizens. 2. ensure the highest common level of environmental protection.3. single regulatory and certification process among Member States. 4. facilitate the internal aviation single market and create a level playing field. 5. work with other international aviation organisations and regulators. The responsibilities of the agency include: providing the Commission with technical expertise and assistance in exercising its legislative and regulatory tasks; standardisation and inspections to ensure the uniform application of Community legislation among all Member States; issuing certificates in cases when it is considered more efficient. For instance, certification of aircraft types, airworthiness and environmental certification of aeronautical products, parts and appliances; analysis and research of safety parameters; giving certification of aircraft and components as well as the approval of organisations involved in the design, manufacture and maintenance of aeronautical products; . collecting and analysing safety data in order to improve aviation safety. In addition, the scope of Community safety rules and of the corresponding responsibilities of EASA, were recently extended to the training and licensing of crews, flight operations (of both Community and third country operators), aerodrome safety and safety of air traffic management and provision of air navigation services. These new competences will be gradually exercised with the adoption of the related implementing rules. Organization EASA is headquartered in Cologne, Germany and has an office in Brussels. There are 32 member states, comprising the EU plus Switzerland, Norway, Iceland and Lichtenstein. The Organization works with 4 permanent international representations: Montreal, Washington, Singapore and Beijing.Below you can find its organisational chart giving us a clear overview on the various departments EASA comprises. Figure 1.15. EASARegulations Structure Figure 1.16. EASA regulations structure EUROCONTROL Finally, we shall learn about EUROCONTROL, the EU's intergovernmental organisation tasked with building a Single European Sky (SES). Following the massive boom in civil aviation after WWII (Second World War), it became obvious that there was an increased need for harmonized air traffic control in the skies of Europe. To that end the European Community convened in December 1960 and created a Convention to assist the European Organisation for the Safety of Air Navigation, the so-called EUROCONTROL. The object of the Convention was to establish a single and efficient body for Air Traffic Management policy making in Europe tasked with the mission to oversee air traffic control in the upper airspace in Europe and develop a coordinated air traffic control system. Similarly to other regulations, national ATCs had to be reconsidered with a collective manner and so, EUROCONTROL was transferred certain competencies from the memberstates. In brief these are: 1. Areas of competence in the field of air traffic management: a. Standardisation: This covers the harmonisation of technical specifications in general and those related to equipment and systems used for the provision of air traffic services in particular. b. Policy on research and technological development: These mainly cover basic research (universities, research institutes) and both research and technological development relating to aeronautics and telematics, including air traffic management systems and equipment. c. Trans-European networks: These include transport, telecommunications and energy with the aim to ensure interoperability and compatibility of national networks by means of collective planning, financial incentives and interoperability standards. d. Policy on harmonisation of radio spectrum: The aim in particular is to establish a policy and legal framework in order to ensure the coordination of policy approaches and harmonised conditions with regard to the availability and efficient use of the radio spectrum necessary for the establishment and functioning of the internal market in Community policy areas such as electronic communications, transport and research and development. 2. Areas of competence in the field of air transport: a. The air transport policy has the objective to facilitate the provision of transport services within the Community, promote safety and security and contribute to the efficient functioning of the internal market. Today, EUROCONTROL has 41 members and 2 comprehensive agreement states. EUROCONTROL works with more than 1900 highly qualified professionals spread over four European countries, deploying their expertiseto address air traffic management challenges. Its continuous responsibility is to work on an: “integrated air traffic management (ATM) system for Europe, one in which each aircraft can fly the safest, shortest route in the most fuel- efficient way through the continent's busy skies”. All this is happening under the SES initiative. DN ize) vaseHow is a coordinated ATC management achieved? 130) elee Se eR ae aot ORT R Rees lel) ma stg) Teor le The Network Manager has extended the role of the former Central Flow eeu aU net Me erate meee eu ee MYON Cane a nearly ten million flights every year), in close liaison with the air navigation service providers, airspace users, the military and airports. The Maastricht Upper Area Control Centre provides an air traffic control service for the Netherlands, Belgium, Luxembourg and northern Germany. MUM OC ec] ol cM OLR ONL M ATUL AAToM oN Layee) Leno} Tell stl Roe MC eee econ NVC eet cee cue SCT een eae aon PM ea Naas ACE eeh Meh Ree hoe) SOR Lee R CL ey substantial contribution to the SESAR Joint Undertaking. Our aim is to deliver eo can eM MM OCA a cuca nats Meee cs VAM ccna eee ncaa e1.4. Annexes 1.4.1. Original content of Convention of Tokyo, 14 September 1963 Note: Only relevant articles from the learning objective perspective have been incorporated herein. CHAPTER | - SCOPE OF THE CONVENTION Article 1 1. This Convention shall apply in respect of: a. offences against penal law; b. acts which, whether or not they are offences, may or do jeopardize the safety of the aircraft or of persons or property therein or which jeopardize good order and discipline on board. 2. Except as provided in Chapter Ill, this Convention shall apply in respect of offences committed or acts done by a person on board any aircraft registered in a Contracting State, while that aircraft is in flight or on the surface of the high seas or of any other area outside the territory of any State. © . For the purposes of this Convention, an aircraft is considered to be in flight from the moment when power is applied for the purpose of take- off until the moment when the landing run ends. 4. This Convention shall not apply to aircraft used in military, customs or police services.CHAPTER II - JURISDICTION Article 3 1. The State of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board. 2. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction as the State of registration over offences committed on board aircraft registered in such State. 3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law. Article 4 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 in the following cases: a. the offence has effect on the territory of such State; b. the offence has been committed by or against a national or permanent resident of such State; c. the offence is against the security of such State; d. the offence consists of a breach of any rules or regulations relating to the flight or manoeuvre of aircraft in force in such State; e, the exercise of jurisdiction is necessary to ensure the observance of any obligation of such State under a multilateral international agreement. CHAPTER III - POWERS OF THE AIRCRAFT COMMANDER (.)Article 6 1. The aircraft commander may, when he has reasonable grounds to believe that a person has committed, or is about to commit, on board the aircraft, an offence or act contemplated in Article 1, paragraph 1, impose upon such person reasonable measures including restraint which are necessary: a. to protect the safety of the aircraft, or of persons or property therein; or b, to maintain good order and discipline on board; or ¢. to enable him to deliver such person to competent authorities or to disembark him in accordance with the provisions of this Chapter. 2. The aircraft commander may require or authorize the assistance of other crew members and may request or authorize, but not require, the assistance of passengers to restrain any person whom he is entitled to restrain. Any crew member or passenger may also take reasonable preventive measures without such authorization when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft, or of persons or property therein. Article 7 1. Measures of restraint imposed upon a person in accordance with Article 6 shall not be continued beyond any point at which the aircraft lands unless: a. such point is in the territory of a non-Contracting State and its authorities refuse to permit disembarkation of that person or those measures have been imposed in accordance with Article 6, paragraph 1(c) in order to enable his delivery to competent authorities; b, the aircraft makes a forced landing and the aircraft commander isunable to deliver that person to competent authorities; or c. that person agrees to onward carriage under restraint. 2. The aircraft commander shall as soon as practicable, and if possible before landing in the territory of a State with a person on board who has been placed under restraint in accordance with the provisions of Article 6, notify the authorities of such State of the fact that a person on board is under restraint and of the reasons for such restraint. Article 8 1. The aircraft commander may, in so far as it is necessary for the purpose of subparagraph (a) or (b) or paragraph 1 of Article 6, disembark in the territory of any State in which the aircraft lands any person who he has reasonable grounds to believe has committed, or is about to commit, on board the aircraft an act contemplated in Article 1, paragraph 1(b). 2. The aircraft commander shall report to the authorities of the State in which he disembarks any person pursuant to this Article, the fact of, and the reasons for, such disembarkation. Article 9 1. The aircraft commander may deliver to the competent authorities of any Contracting State in the territory of which the aircraft lands any person who he has reasonable grounds to believe has committed on board the aircraft an act which, in his opinion, is a serious offence according to the penal law of the State of registration of the aircraft. 2. The aircraft commander shall as soon as practicable and if possible before landing in the territory of a Contracting State with a person on board whom the aircraft commander intends to deliver in accordance with the preceding paragraph, notify the authorities of such State of his intention to deliver such person and the reasons therefor. 3. The aircraft commander shall furnish the authorities to whom any suspected offender is delivered in accordance with the provisions of thisArticle with evidence and information which, under the law of the State of registration of the aircraft, are lawfully in his possession. Article 10 For actions taken in accordance with this Convention, neither the aircraft commander, any other member of the crew, any passenger, the owner or operator of the aircraft, nor the person on whose behalf the flight was performed shall be held responsible in any proceeding on account of the treatment undergone by the person against whom the actions were taken. CHAPTER IV - UNLAWFUL SEIZURE OF AIRCRAFT Article 14 1. When a person on board has unlawfully committed by force or threat thereof an act of interference, seizure, or other wrongful exercise of control of an aircraft in flight or when such an act is about to be committed, Contracting States shall take all appropriate measures to restore control of the aircraft to its lawful commander or to preserve his control of the aircraft. 2. In the cases contemplated in the preceding paragraph, the Contracting State in which the aircraft lands shall permit its passengers and crew to continue their journey as soon as practicable, and shall return the aircraft and its cargo to the persons lawfully entitled to possession. CHAPTER V - POWERS AND DUTIES OF STATES Article 12 Any Contracting State shall allow the commander of an aircraft registered in another Contracting State to disembark any person pursuant to Article 8, paragraph 1.