4.3 Does your jurisdiction have a notification system whereby parties to an agreement can obtain regulatory clearance/anti-trust immunity from regulatory agencies? Drone-related disruption has been a consistent theme at UK airports in the last two years, with delays and cancellations reported at Gatwick, Heathrow, Leeds and Bradford airports. [1] The CAA has been a public corporation of the Department for Transport since then. Any plans are subject to public consultation and the airport would have to apply for a development consent order for this proposal to go ahead. A route of appeal lies from the Court of Appeal to the Supreme Court. Restrictions should be proportionate; and. 3.4 What service requirements apply for the service of court proceedings, and do these differ for domestic airlines/parties and non-domestic airlines/parties? A patent application should include a full description (including drawings) of the invention, the claims defining the invention, an abstract summarising the inventions technical features and the relevant IPO forms. There are a number of bodies which have the authority to regulate, administer and control civil aviation. Eight insurers had some of their policy wording considered by the court. Another important source of law is European legislation, which has direct application in the UK concerning safety aspects of aircraft, operators, maintenance and design organisations, and personnel in commercial transport. The CTC is effective in the United Kingdom but will not be applied retrospectively, i.e. The Directive was approved by Parliament as a whole on 14 April 2016 and by the Council of the EU on 21 April 2016. The CAA carry out inspections at EMA on a regular basis to ensure compliance and any shortfalls will be identified by the CAA . The AAIB reports to the CAA and other civil aviation authorities having responsibility for oversight of any aspect of the accident. The upgraded proposal includes a discussion on establishing more sustainable and efficient flight paths, which can reduce up to 10% of air transport emissions as well as lessen the additional costs and delays that occur due to the current air traffic control capacities. However, air quality policy and regulation is devolved, with individual strategies for England, Scotland, Wales and Northern Ireland. It is also not clear how long parties must wait before being able to rely on frustration does a few months delay in being able to perform a duty render the contract impossible or must they wait longer? Article 15 of the Convention further provides for equality of charges for use of aerodromes. For example, London Heathrow is owned by Heathrow Airport Holdings Limited (formerly BAA) which is owned by FGP Topco Limited, a consortium led by Ferrovial SA; Aberdeen, Glasgow and Southampton airports are owned by AGS Airports Limited which is jointly held by Ferrovial SA (via Faero UK Holding Limited) and AGS Ventures Airports Limited; Manchester Airport is owned by Manchester Airports Group plc; and London Gatwick is owned by French VINCI Airports (majority shareholder) and Global Infrastructure Partners. The outcome will continue to be of interest as a number of other airlines have announced similar introductions to incentivise the use of their own, or new distribution capability, booking systems. The United Kingdom was a signatory to the Geneva Convention in 1948 but has not ratified it. There is no prohibition of vertical integration between air operators and airports. Role of regulatory bodies, in relation to aviation: role of regulatory bodies (to establish the rules and regulations that govern the industry, to promulgate rules and regulations and to ensure compliance with rules and regulations) International Civil Aviation Organization (ICAO) Civil Aviation Authority (CAA) UK Border Force National Air . (f) protected by ensuring that appropriate technical and organisational measures are taken against the unauthorised or unlawful processing of the personal data, as well as against accidental loss or destruction of, or damage to, personal data. This will in any event and inevitably increase the prospect of parallel investigations, while both the CMA and the courts will be at liberty to determine the extent to which they follow the EU approach (or not). The CAA is an independent body responsible for economic, safety and consumer protection regulation, and airspace policy. 2.6 Is your jurisdiction a signatory to the main international Conventions (Montreal, Geneva and Cape Town)? The impact of aviation on the environment has also continued to be discussed more widely this year, and has featured in cases such as the proposed Heathrow expansion. At this time, EU Regulation 1008/2008 applies, which sets out at Article 4 (Conditions for granting an operating licence) that an undertaking shall be granted an operating licence by the competent licensing authority of a Member State provided that Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakings, except as provided for in an agreement with a third country to which the community is a party. (2) The runway protection zone (in which no drones may be flown) has been extended around aerodromes to within 5km of runway ends, and up to a height of 2,000ft. 5335, paragraph 441; and Lufthansa/Swiss, Case COMP/M. In June 2014, the Court of Appeal held that a technical problem is not considered to be an extraordinary circumstance under Regulation 261 and accordingly cannot be used as a basis for an airline to escape from its obligation to compensate passengers for long delays, cancellations, rerouting and/or denied boarding (Jet2.com v Huzar [2014] EWCA Civ 791). Dr. Rieme-Jan Tjittes - BarentsKrans, 2002-2023 Copyright: ICLG.com | Privacy policy | Cookie policy, Prof. Dr. Rieme-Jan Tjittes - BarentsKrans. The Secretary of State has statutory powers relating to aviation security (see, for example, the Aviation and Maritime Security Act 1990). It is an offence, subject to a defence of due diligence, for an operating air carrier to fail to comply with the obligations imposed under the above. There are no collateral rights of enforcement as a matter of law without a court order, and accordingly the exercise of such rights on a self-help basis usually requires the person in possession or control of the aircraft (or aviation asset) to cooperate with that exercise. For more information, please read our cookie policy. In February 2011, the EC also opened an investigation on the codeshare arrangement between Brussels Airlines and TAP Air Portugal, which is still ongoing. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. We are a public corporation, established by Parliament in 1972 as an independent specialist aviation regulator. The CAA is the competent licensing authority in the UK in almost all matters relating to the granting of operating licences. As a practical matter, the principles of the Chicago Convention are implemented at the national level in the United Kingdom by the CAA. As with all other UK businesses, airports have to meet legislative standards in relation to water quality, waste and protecting the natural environment. Air Canada submitted that Regulation 261 was extra-territorial in effect and that the EU did not have jurisdictional competence in relation to flights taking place wholly outside the EU. There is no right of appeal to the courts on a question of fact. Since then, a qualifying aircraft must be: i) used by an airline operating for reward chiefly on international routes; or ii) used by a State institution and of a weight of not less than 8,000kg and neither designed nor adapted for use for recreation or pleasure. They had until the end of September 2021 to apply for equivalent national UK trademark protection. Data controllers must ensure that data is processed in accordance with six data protection principles in the DPA 2018; namely that personal data is: (b) obtained only for specified, explicit and legitimate purposes; (c) adequate, relevant and not excessive for the purposes; (e) not kept for longer than is necessary; and. A joint venture between airline competitors would, therefore, have to satisfy the four exemption criteria of section 9 CA 1998 and (save for where such venture relates to exclusively UK routes or operations) Article 101(3) TFEU. As at the time of writing, the airports website stated that [w]e are currently consulting with investors, government, airline customers and regulators on our next steps. it complies with the provisions on good repute as specified in Article 7 of the Regulation. The CTC entered into force in the United Kingdom and thereby became effective as United Kingdom national law on 1 November 2015 following its ratification on 27 July 2015, as implemented by the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 and several declarations. CAA is responsible for regulating most of the aviation sector in the UK, including airlines, airports and national air traffic services. The CAA will then confirm, in writing, to the applicant once an aircraft mortgage registration application is successful. The UK GDPR has enhanced notification provisions around data losses and breaches, as well as allowing the relevant data protection regulators the authority to levy significantly increased fines for non-compliance with the provisions of the Regulation. Since 2003, EASA is responsible for the certification of aircraft in the EU and for some European non-EU Countries. The Package Travel and Linked Travel Arrangements Regulations 2018 implemented the Package Travel Directive in the UK on 1 July 2018. The use of the technology was justified because South Wales Police complied with the relevant equality legislation, were processing personal data in a manner consistent with the applicable legislation and had implemented sufficient safeguards to ensure appropriate and non-arbitrary use of AFR. In October 2016, HM Government approved a third runway at Heathrow to expand the UKs airport capacity. 3.3 Which courts are appropriate for aviation disputes? There are numerous other obligations imposed upon an airport operator by law of application not limited to aviation; for example, concerning employment, health and safety and disability discrimination. Similarly, the mortgagee of an aircraft registered with the CAA may take peaceful possession of an aircraft following a similar default and it will then, in addition, have the power to sell the relevant aircraft if such power is properly and expressly described in the relevant mortgage agreement. In relation to a), the supply, charter or hire of qualifying aircraft are zero-rated for VAT purposes. EU Regulation 376/2014 on the investigation and prevention of accidents and incidents in civil aviation. It is worth noting that, although it does not change any relevant provisions of English law as regards the creation of in rem security interests generally, that law will not apply to determine whether an international interest under the CTC is validly created. The legislation applicable to UK merger control is the Enterprise Act 2002 (the Act). It is clear that developments in the data protection space involving the collection, retention, processing and use of personal specifically, PNR data will continue to feature as a major area of concern and focus for airlines and airports in the future, let alone the next two years.
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