http://europa.eu/legislation_summaries/transport/air_transport/index_en.htm 25.05.2015. 2:16Common rules for the operation of air servicesThe legislation on the Single Market for air transport defines the granting of operating licences, the monitoring of airlines and their access to the market. It guarantees a competitive air transport market, quality services and more transparent fares.ACTRegulation (EC) No1008/2008of the European Parliament and of the Council of 24September2008 establishing common rules for the operation of air services in the Community (Recast).SUMMARYThis Regulation regulates the licensing of Community air carriers, the law applicable to them and the pricing of air services.Operating licenceAn undertaking established in the Community cannot carry by air passengers, mail or cargo unless it has been granted the appropriate operating licence*. This Regulation sets the conditions for the granting of operating licences. The undertaking must in particular hold an Air Operator Certificate (AOC)*, comply withinsuranceand ownership requirements and provide financial guarantees. In addition, the management will be requested to provide proof that the undertaking is of good repute.An operating licence shall be valid as long as the air carrier complies with the requirements defined by the Regulation. The competent licensing authority shall review compliance with these requirements two years after the granting of a new licence, if there is a problem or at the request of the Commission. This authority may at any time assess the financial performance of a Community air carrier which it has licensed.In addition, a Community air carrier must notify the authority in advance of modifications in its activities (operation of a new service to a region not previously served, merger, acquisition, etc.). If the competent authority deems that the proposed changes will have significant financial consequences, it may request a revised business plan and decide whether the licence should be resubmitted for approval.The competent authority must suspend the licence of an air carrier if, on the basis of the assessment of financial results, it considers that the carrier can no longer meet its obligations during a period of twelve months. It can however grant a temporary licence, pending financial reorganisation, provided that safety is not threatened and that there is a real possibility of reconstruction. Moreover the licence must be suspended if the carrier furnishes false information on an important point, if the AOC is suspended or revoked, or if the carrier no longer complies with requirements on good repute.This Regulation also lays down the conditions for the leasing of aircraft.Access to routesCommunity air carriers are authorised to operate Community air services and Member States cannot subject their operation to any permit or authorisation. Operating freedom cannot be restricted by bilateral agreements with Member States either. Restrictions may be imposed under bilateral agreements between a Member State and a third country, as long as these restrictions do not limit competition, that they are non-discriminatory and that they are not more restrictive than necessary.A Member State may, under certain conditions, impose a public service obligation for a scheduled air route between an airport and a peripheral or development region in the Community or on a thin route to an airport in its territory, if this route is considered as being vital for the economic and social development of the region which the airport serves. This Regulation lays down general principles for public service obligations.The exercise of traffic rights*shall be subject to Community, national, regional and local operational rules relating to safety, security, the protection of the environment and the allocation of slots. Under certain conditions fixed by the Regulation, a Member State may regulate the distribution of air traffic between airports serving the same city or conurbation. It may also limit or refuse the exercise of traffic rights to deal with serious environmental problems or in the case of an emergency.Provisions on pricingCommunity air carriers shall freely set fares for passengers and cargo, except in the case of a public service obligation. The published price for the service shall include the fare and all applicable taxes, charges, surcharges and fees which are unavoidable and foreseeable at the time of publication. In addition, details must be given of the different components of the price (fares, taxes, airport charges and other costs). Discrimination in access to fares between passengers or between users of the cargo service on the basis of their place of residence or their nationality within the Community is prohibited.ContextThis Regulation repeals and replaces three Regulations from the Third aviation package: Regulation No 2407/92onlicensing of air carriers, Regulation No 2408/92onaccess for Community air carriers to intra-Community air routes, and Regulation No 2409/92onpassenger fares and air cargo rates.Key Terms of the Act

Operating licence: an authorisation granted by the competent licensing authority to an undertaking, permitting it to provide air services as stated in the operating licence. Air operator certificate (AOC): a certificate delivered to an undertaking confirming that the operator has the professional ability and organisation to ensure the safety of operations specified in the certificate, as provided in the relevant provisions of Community or national law, as applicable. Traffic rights: the right to operate an air service between two Community airports.

Air fares and air cargo rates (third phase)ArchivesThis regulation sets out to liberalize price formation for Community air services.ACTCouncil Regulation (EEC) No2409/92of 23July1992 on passenger fares and air cargo rates [Official Journal L 240of 24.08.1992].SUMMARYThis Regulation repeals Council Regulation (EEC) No2342/90.The Regulation applies to the criteria and procedures governing establishment of the air fares and air cargo rates charged by air carriers on air services within the Community.Member States may not withhold approval of fares and rates charged by Community carriers if the fares and rates are reasonably related to the applicant carrier's total costs. If they withhold approval, Member States must also take into account other factors such as consumers' needs, the competitive situation in the market and the need to prevent dumping. The fact that a proposed air fare is lower than that offered by another carrier is not sufficient reason for withholding approval. Air carriers may not charge fares or rates that are so excessively high as to disadvantage users or so low as to be unjustifiable.Air fares offered to tour operators or the public and specifically combined with accommodation arrangements for the duration of the trip, and air fares for groups larger than six persons, will receive automatic approval.Cargo rates may be set by free agreement between the parties to the contract of carriage.Air carriers must submit their proposed air fares for scheduled air services in the form prescribed by the Member State concerned. An air fare for a scheduled air service will be considered as approved unless, within 30days of submission, the Member State(s) concerned has (have) notified disapproval to the applicant carriers in writing, giving reasons.Member States have one month to refer the Commission's decision to the Council.A Member State may permit a Community air carrier to match an air fare already approved for a scheduled air service between the same pair of cities, it being understood that this does not apply to indirect air services which exceed by more than 40% the length of the shortest direct service.For a scheduled air service where competition is limited, a Member State whose interests are involved may request the Commission to examine whether an air fare complies with the conditions described in point 2above.Competition will be taken to be limited where: there are significant barriers to market entry; there are public service obligations; at most 30000seats are offered for sale per year in that Member State by a single air carrier.The Commission has two months to issue its decision on whether the air fare complies with the conditions.The Commission may investigate on its own initiative whether an air fare conforms to the provisions of the Regulation. Any Member State whose interests are involved has one month to refer the resulting Commission decision to the Council. The Commission is required to consult the representatives of air transport user organizations at least once a year on scheduled air fares.Air carriers from third countries with traffic rights between Community airports are permitted to match the normal economy air fare or its closest equivalent, unless otherwise provided in an agreement between the Community and the third country.In order to carry out its duties under this Regulation the Commission may obtain all necessary information. Where the information supplied is incomplete or incorrect the Commission may impose a fine of 1000to 50000euros. Also, where air carriers infringe the provisions of this Regulation, a fine of up to 10% of annual turnover may be imposed. The decision may be referred for review by the Court of Justice that may cancel, reduce or increase the fine.ContextSince 1November 2008, Regulation (EC) No 2409/92has been repealed and replaced by Regulation (EC) No1008/2008establishing common rules for the operation of air services in the Community. In particular, this Regulation introduces new rules on passenger fares and prices for the carriage of cargo.REFERENCESLicensing of air carriersArchivesThis regulation aims to lay down transparent, non-discriminatory rules on the criteria for economic and technical competency which must be met before air carriers can be granted licences to operate in the Community.ACTCouncil Regulation (EEC) No2407/92of 23July1992 on licensing of air carriers [Official Journal L 240of 24.08.1992].SUMMARYThis Regulation lays down the economic and technical competency criteria which must be met by air carriers wishing to obtain or maintain an operating licence.Only undertakings that are holders of the appropriate operating licence or air operator's certificate are permitted to carry passengers, mail and/or cargo for remuneration within Community territory.Operating licences: Member States may not grant operating licences unless air transport is the main activity of the undertaking concerned and its registered office and principal place of business are located in the issuing Member State, and unless it is majority owned and effective control is exercised by Community nationals.Hence, whenever the State that issued the licence, or the Commission, so request, an air carrier must be able to demonstrate that it meets the abovementioned requirements.The carrier must meet certain conditions with regard to start-up capital, business costs, financial obligations, seating capacity of the aircraft he intends to operate, etc.At the beginning of each financial year, air carriers must provide the national authorities with the audited accounts of the undertaking.Air carriers must have civil liability insurance to cover risks in the event of an accident, particularly with regard to passengers, cargo and third parties.Air carriers must also hold a valid air operator's certificate (AOC) specifying the activities covered by the operating licence.Any undertaking which provides an aircraft and complete crew to an air carrier but retains the functions and responsibility for the operation of the aircraft is itself subject to the safety requirements of the Regulation.The operating licence and the air operator's certificate remain valid as long as the air carrier meets the obligations. Licences and certificates not used for six months must be resubmitted for approval by the competent authorities. Similarly, in the event of a merger or take-over, licences and certificates must be resubmitted for approval by the competent authorities.Application procedures for the issue of licences. The Member State concerned must make these procedures public and must decide on applications not later than three months after receiving all the necessary information. There is provision for the Commission to review rejected applications upon the request of the undertaking concerned.ContextAs from 1November 2008, Regulation (EC) n2407/92has been repealed and replaced by , Regulation (EC) No 1008/2008establishing common rules for the operation of air services in the Communitytr0008. In particular, this Regulation introduces new rules on the issue of licences to air carriers.REFERENCESActDateof entry into forceFinal date for implementation in the Member States

Regulation (EC)2407/9201.01.1993-

RELATED ACTSCouncil Resolution of 19June 1995-Official Journal C 169of 05.07.1995On 19June 1995, the Council adopted a Resolution on relocation in air transport.This Resolution calls upon the Commission to submit to the Council the outcome of the study on the consequences of air transport liberalization. It also calls upon the Commission to examine the application of the provisions of Regulation (EEC) No2407/92relating to the leasing of non-Community resources and, if necessary, to draw up guidelines enabling them to be applied uniformly.Publication of Member States' decisions to grant or revoke operating licences pursuant to Article 13(4) of Regulation (EEC) No2407/92on licensing of air carriers:Official Journal C 246of 24.08.1996(Austria, Belgium, Denmark, Finland, Germany and Sweden);Official Journal C 73of 08.03.1997(Spain, Germany, United Kingdom, Sweden, Greece, Finland, Ireland);Official Journal C 363of 29.11.1997(Spain, Denmark, Germany, Greece, Ireland, Italy, Austria, Sweden, the Netherlands);Official Journal C 143of 08.05.1998(Denmark, Germany, Greece, Spain, the Netherlands, Austria, Portugal, Finland, Sweden);Official Journal C 2of 05.01.2000(United Kingdom, France, Spain);Official Journal C 368of 21.12.2000(Denmark);Official Journal C 99of 29.03.2000(Norway).Access for air carriers to intra-Community air routes (third phase)ArchivesThis Regulation works towards the liberalisation of the provision of intra-Community air services.ACTCouncil Regulation (EEC) No2408/92of 23July1992 on access for Community air carriers to intra-Community air routesSUMMARYThe Regulation repeals Council Regulation (EEC) No2343/90, except for Article 2and Annex I.It covers access for air carriers to scheduled and nonscheduled intra-Community air services. Special provisions apply to the Greek islands, the Azores and the airport of Gibraltar.Community air carriers may exercise traffic rights between airports or airport systems within the Community where these are open to civil air services.A Member State may impose a public service obligation (air services meeting fixed standards to which the air carrier would not operate if he were considering nothing but his commercial interest) in respect of scheduled air services to a regional airport on a route which is considered vital for the economic development of the region.If no air carrier is yet providing a scheduled service on a route for which a public service obligation has been imposed, the Member State may limit access to that route to only one air carrier for a period of up to three years. The right to operate must be offered by public tender. The selection must be made as quickly as possible. In spite of this provision, two months must elapse between publication and selection but this constraint does not apply where another Member State whose interests are involved proposes a satisfactory alternative means of fulfilling the same public service obligation.The Regulation does not affect a Member State's right to regulate, without discrimination, the allocation of traffic to airports forming part of an airport system. The exercising of traffic rights is subject to Community, national, regional or local rules relating to safety, the protection of the environment and slot allocation.When the conditions listed in point 5are not met, a Member State may limit, or refuse, the exercising of those traffic rights but must first inform the Commission of its intention. Any Member State may refer the Commission's decision on such a situation to the Council within one month.In order to carry out its duties under the Regulation, the Commission may obtain all necessary information from the Member States and air carriers concerned.ContextRegulation (EC) n2408/92is repealed and replaced, as from 1November 2008, by Regulation (EC) n1008/2008establishing common rules for the operation of air services in the Community. In particular, this Regulation introduces new rules on access for air carriers to air routes.REFERENCESActEntry into force - Date of expiryDeadline for transposition in the Member StatesOfficial Journal

Regulation (EEC) No2408/921.1.1993-OJ L 24024.8.1992

Amending act(s)Entry into forceDeadline for transposition in the Member StatesOfficial Journal

Regulation (EC) No1882/200320.11.2003-OJ L 284of 31.10.2003

Regulation (EC) No1791/20061.1.2007

An action plan for airports in Europe: the airport packageThis Communication reports the state of play regarding airport management in Europe and emphasises the importance of airports in the air transport network. The text thus defines the course to be taken to deal with the expected capacity crunch.ACTCommission Communication of 24January2007 to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled "An action plan for airport capacity, efficiency and safety in Europe" [COM (2006) 819final - not published in the Official Journal].SUMMARYIf air traffic continues to increase at the current rate, Europe will be faced with a shortfall of infrastructure if no action is taken. Between now and 2025, over 60European airports will be heavily congested and the top 20airports will be saturated at least 8-10hours per day. This weakest link is in fact threatening the efficiency of the entire air transport network. Congestion will also have a negative impact on the environment and on safety.In this Communication, the Commission is announcing five key actions: make better use of existing airport capacity; develop a consistent approach to air safety operations at airports; promote "co-modality", the integration and collaboration between modes of transport; improve the environmental capacity of airports and the planning framework for new airport infrastructure; develop and implement cost-efficient technological solutions.The need for reorganisation to make better use of existing capacityThe Commission wants to undertake a precise measurement of airport throughput, with the support ofEurocontrol, in order to develop common analytical tools for capacity assessment. With the support of Member States, an observatory should be set up to supervise existing and planned capacity.Eurocontrol should also obtain a mandate to develop tools intended to ensure consistency between airport slots and flight plans, and to recommend any amendments that may be required to the applicable legislation.The Commission also proposes to ensure that developments in the sector are easier to anticipate, by encouraging collaborative decision-making amongst the various actors involved in air transport.The European Aviation Safety Agency should also have its responsibilities extended to include regulating airport security, as aerodromes are still the least regulated and thus the weakest link in the air transport network. It is anticipated that the Commission will adopt a legislative proposal on this matter at the beginning of 2008.The Commission also recommends the use of Global Navigation Satellite Systems (GNSS) to reinforce airport security. They could also permit greater flexibility in the design of approach and departure routes in order to reduce noise impact or to permit the completely safe use of more closely spaced airports or runways. TheSESARprogramme should result in a comprehensive inclusion of GNSS in operational procedures for air traffic management.Promoting co-modality and developing new infrastructuresThe Commission considers that air and rail transport should become more complementary: improving links between different modes of transport would offer a large number of benefits. The Commission thus wishes to: develop rail links between cities and airports in order to decongest road networks; develop regional links in order to expand the airports catchment area; introduce high-speed links between airports and major urban centres.In highlighting the availability of funding from the TEN-T for financing co-modality projects, the Commission invites Member States to support the development of inter-modal inter-changes at airports, such as rail links or the provision of stations at airports.At the same time, the Commission wishes to address the requirements for new infrastructures. It therefore proposes to improve the planning framework for these, taking more account of environmental constraints, such as noise impact. The Commission also wants to simplify procedures and recommend guidelines for best practice in order to promote better coordination of airport planning and of wider land-use plans.Developing and implementing new technologiesAs part of its Research Framework Programmes, the Commission has financed several projects relating to Advanced-Surface Movement Guidance and Control Systems (A-SMGCS) to ensure the routing, guiding and surveillance of aircraft and vehicles. New technologies have also been developed as part of the SESAR programme, in order to increase the safety and efficiency of airport operation.With this airport package, the Commission has also published a report on the application of theDirective on access to the groundhandling marketat Community airports.Key terms in the act

Airport managing body: means a body which, in conjunction with other activities or not as the case may be, administers and manages airport infrastructures and ensures the coordination and control of the activities of various operators at the airport concerned. Airport charge: means a levy collected for the benefit of the airport managing body and paid by the airport users and/or air passengers and intended to cover all or part of the costs of facilities and services provided exclusively by the managing body of the airport, these being associated with landing, take-off, lighting and parking of aircraft and porcessing of passengers and freight. Security charge: a charge specifically intended to cover all or part of the cost of security measures intended to protect civil aviation against acts of unlawful interference.

Harmonisation of civil aviation requirements and proceduresThe aim of this regulation is to ensure a high level of safety and improve the functioning of the internal market by incorporating into European Union (EU) legislation the technical requirements and administrative procedures in the field of aviation, as drawn up by the Joint Aviation Authorities (JAA), and requiring EU countries to comply with them.ACTCouncil Regulation (EEC) No3922/91of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation [See amending act(s)].SUMMARYThis regulation applies to the harmonisation within the European Union (EU) of technical requirements and administrative procedures in the field of civil aviation safety, concerning the operation and maintenance of aircraft and to persons and organisations involved in those tasks.The common technical requirements and administrative procedures, as referred to above, apply to all aircraft used by EU operators.EU countries were responsible for ensuring that their competent civil aviation authorities met the requirements for membership of the Joint Aviation Authorities (JAA) as specified in the arrangements, and that these arrangements were signed before 1 January 1992.Any aircraft which operates under authorisation granted by an EU country in accordance with the common technical requirements and administrative procedures is allowed to operate under identical conditions in all EU countries, without the need for further technical requirements or evaluations.There must be a mutual recognition within the EU of certification granted by an EU country to persons or bodies under its jurisdiction who are responsible for the maintenance of products or the operation of aircraft.EU countries may take immediate action over safety problems concerning a product, a person or a body covered by this regulation, regardless of the above provisions.Where safety levels are found to be inadequate or lacking under the common technical requirements and administrative procedures, the Commission must make appropriate proposals to remedy the situation. In exceptional circumstances, EU countries may also grant derogations from the technical requirements and administrative procedures covered by this regulation, provided they are in line with its safety objectives.The Commission will be assisted by the European Aviation Safety Agency when drafting any amendments to the requirements related to cabin crew and to flight and duty time limitations.EU countries must take the necessary measures to coordinate their research programmes to improve the safety of civil aircraft and their operation. The Commission may take any appropriate initiative to promote these national programmes.EU countries must notify the Commission of: any new or amended requirements or procedures drawn up or adopted in accordance with the procedures laid down in the arrangements; any amendment to the arrangements themselves; the outcome of consultations with representatives from industry and other interested parties.The Commission, assisted by the Air Safety Committee, must amend the common technical requirements and administrative procedures where such amendments are made necessary by progress in the field of science and technology. If such amendments involve a national variant for a given EU country, the Commission must rule whether or not this variant should be included in the common technical requirements and administrative procedures.REFERENCESActEntry into forceDeadline for transposition in the Member StatesOfficial Journal

Regulation (EEC) No3922/911.1.1992-L 373 of 31.12.1991

Entry into forceDeadline for transposition in the Member StatesOfficial Journal

Regulation (EC) No1592/200227.9.2002-L 240 of 7.9.2002

Regulation (EC) No1899/200616.1.2007-L 377 of 27.12.2006

Regulation (EC) No1900/200616.1.2007-L 377 of 27.12.2006

Regulation (EC) No8/200812.1.2008-L 10 of 12.1.2008

Regulation (EC) No216/20088.4.2008-L 79 of 19.3.2008

Regulation (EC) No859/200820.9.2008-L 254 of 20.9.2008

Successive amendments and corrections to Regulation (EC) No 3922/91 have been incorporated in the basic text. Thisconsolidated versionis for reference purposes only.Last updated: 19.07.2Agenda for General and Business AviationThe increase in air traffic in Europe requires consideration to be taken of General and Business aviation in the European Union's transport initiatives. The key objectives are to improve data collection, ensure proportionality of rules and regulations, incorporate this sector correctly into the Commission's initiatives and improve the use of existing capacities and access to global markets whilst ensuring environmental sustainability.ACTCommunication from the Commission dated 11January2008 - "An agenda for Sustainable Future in General and Business Aviation" [COM (2007) 869final - not published in the Official Journal].SUMMARYThe Commission has studied the General and Business aviation sector*and proposes to incorporate it within the European Union's air transport policy so as to ensure proportionality of rules and regulations and to optimise existing, though limited, infrastructures and resources.The scope of this Communication covers: all civil aircraft operations other than commercial air transport; on-demand, remunerated, civil air transport operations (aerial works, aerial training, recreational flying, on-demand air taxis, etc.).Benefits for the EU of General and Business aviationGeneral and Business aviation is a fast-growing sector with a diverse fleet. In fact, it represents around 50,000motor-powered aircraft in Europe. A further 180,000to 200,000microlight and non motor-powered aircraft are used for sport and recreation. In 2006, almost 10% of aircraft movements registered byEurocontrolwere attributable to this sector. This should continue to develop as a result of factors including: Need for more mobility, flexibility and point-to-point services; Increasing congestion at the main airports; Security constraints: Continuous efforts of enterprises and individuals to increase productivity gains; Development of new technologies which make aircraft more efficient and less costly.General and Business aviation contributes to aeronautical research and development and constitutes a source of qualified staff for the wider aviation industry. It also has a specific economic and social use, offering private individuals, companies and local communities suitable, flexible and high quality transport services. These services increase people's mobility, business productivity and regional cohesion.Agenda for General and Business aviationThe European Commission has identified seven priorities for a sustainable future in General and Business aviation, namely: To improve statisticson General and Business aviation, as policy makers need to have an up-to-date knowledge of the situation to enable them to properly regulate this sector; To clarify definitionsin order to avoid different interpretations of legal definitions, by both operators and regulators. Such divergence has a negative impact on the operation of the internal market and prevents standard application of Community law. More particularly, the Communication from the Commission clarifies the notions of "State/Civil aircraft" and "commercial air transport operation"; To ensure proportionate regulationand to monitor the subsidiarity of regulation given the highly variable situations in this sector. Regulation (EC) No216/2008is a good example, since the key requirements apply to all operators, more stringent standards being added if necessary, based on applicable criteria. The Commission is particularly looking into concerns expressed by stakeholders regarding local flights and light aviation operations; To permit better use of existing capacity(airports and aerodromes as well as air space) in order to increase capacities in proportion to the general increase in traffic. If capacities are not increased, General and Business aviation risks entering into competition with airlines for access to air space and infrastructures. The Commission proposes better planning to make best use of existing infrastructures, new technological development (automated air traffic systems, satellite navigation systems, etc.) and creation of an EU Observatory. The Commission is also implementing a series of reforms within the framework of theSingle European Skyand theSESARproject; To facilitate access to global marketsin order to increase European presence on these markets. The aeronautics construction sector for General and Business aviation is a healthy sector and new technologies have been used to provide the EU with a competitive advantage. The Commission wants to encourage a greater European presence on global markets. The Commission also supports the particular interests of commercial business aviation and undertakes to consider these when developing the EC external air transport policy and when negotiating Community air service agreements; To ensure environmental sustainability, since this sector, as with most other forms of transport, produces noise and gaseous emissions which have a negative impact on the environment. With the assistance of theEuropean Aviation Safety Agency(EASA), the Commission is studying the need to change "essential requirements" in the area of environmental standards which apply to aviation. Review of certification standards and improved pilot education could further contribute to reduction of negative impacts. Regarding the emission of greenhouse gases, the Commission proposes to extend the EU Greenhouse Gas Emission Trading Scheme to aviation including General and Business aviation. It is also examining the options that exist regarding more environmentally-friendly fuels; To encourage research and development, as research in this sector benefits from a very dynamic environment. The competitive and commercial success of General and Business aviation in the EU depends heavily on innovation and research implemented in aeronautics. Consequently, the Commission will be depending on itsframework research programmein order to encourage initiatives in this direction.BackgroundAs a result of initiatives such as extending EU competences in the areas of safety andsecurity, updating the Single European Sky and implementing newair traffic managementsystems in Europe, and of the anticipated shortage of capacities and concerns regarding theenvironmental impact of aviation, consideration of General and Business aviation is becoming an urgent matter. Consequently, the Commission is looking into the specific nature of this sector and proposing an agenda for a sustainable future for General and Business aviation.Key terms in the act

General and Business aviation: the expression "General and Business aviation" describes a wide variety of activities ranging from recreational flying with non-powered aircraft to the operation of high-performance business aircraft and specialised aerial works.

Guidelines on State aid for developing regional airportsDeveloping the regional airports in the European Union (EU) enhances the mobility of the general public and gives a boost to the regions. The Commission wants to help this process along by laying down competition rules for State aid to airports and airlines.ACTCommission Communication of 9December2005 "Community guidelines on financing of airports and start-up aid to airlines departing from regional airports" [PDF] [Official Journal C 312of 09.12.2005].SUMMARYThe purpose of these guidelines is to clarify how the competition rules apply to the financing of airports and to start-up aid granted to airlines by the State. The Commission's aim is to tackle air transport congestion in the main European airports and make it easier for the European public to travel, while ensuring that the competition rules are complied with. It also takes the view that developing the regional airports also helps to develop the regional economies concerned.Financing of airportsThe Commission makes it clear that the financing and provision of airport infrastructure by the public authorities must comply with the Community rules on State aid. Aid may be justified and declared compatible provided it meets an objective of general interest, such as regional development or accessibility. Additional conditions are that the aid must be in proportion to the objective set and must not adversely affect the development of trade within the EU.Addressing the issue of subsidies for the operation of airport infrastructure, the Commission makes a distinction according to airport size since, while funding granted to airports with fewer than one million passengers a year is unlikely to distort competition or affect trade to an extent contrary to the common interest, an operating subsidy for an airport with more than one million passengers a year may constitute State aid and must therefore be notified to the Commission, which will examine its impact on competition and trade between Member States and, where appropriate, its compatibility. On the other hand, the Commission has decided that public service compensation constituting State aid granted to airports with fewer than one million passengers entrusted with a mission of general economic interest should be exempted from the notification obligation and declared compatible.Start-up aid for airlinesStart-up aid granted to airlines operating from regional airports is a way of attracting airlines to new destinations. Operating aid of this kind is justifiable, temporarily, only in the case of small airports that do not yet have the critical mass needed to reach break-even point. In addition, the aid must provide airlines with the necessary incentive to create new routes or new schedules operated from the regional airports in question.Large airports, on the other hand, benefit from economies of scale and are able to attract connections. This results in air traffic being concentrated on a small number of hubs which are then faced with major congestion problems. Encouraging the development of regional airports will help to make air traffic in Europe less congested and provide scope for economic development in the regions concerned.Consequently, the Commission considers that start-up aid for the operation of new routes should be allowed for a maximum of three years (five years in the case of the outermost regions). The duration of start-up aid is clearly a sensitive issue. A balance needs to be found between facilitating the development of regional airports in their formative years and open and fair competition between European airports. The Commission takes the view that a period of three years (five years in the case of the outermost regions) meets the objectives of regional development while satisfying the requirements of fair competition.This type of State aid may be granted to airlines either by a public authority (central, regional or local government) or through the airports that receive public subsidies. The Commission emphasises the fact that subsidies must be granted only for new routes or new schedules.In addition, it will not be acceptable to grant start-up aid for a new air route corresponding to an existing high-speed rail link. This concern to ensure that the different modes of transport are mutually complementary is a reflection of the intermodal approach that the Commission is seeking to promote, e.g. by encouraging cooperation between the rail and air transport sectors in an effort to deal more effectively with the effects of saturation and pollution around urban areas.The State aid guidelines apply equally to both private and public airports. The term "State aid" refers to the origin of the funds not the status of the airport. For example, a public airport may act as a private investor by granting subsidies to airlines from its own resources on the basis of commercial profitability considerations. Conversely, if a private airport uses public resources, granted by a regional or local authority for example, this constitutes State aid.The Commission recognises the role of airlines and airports in the process of opening up European airspace and certain regions. The exponential growth of low-cost carriers in Europe has done much to help the establishment of a network of interregional air routes, making it easier for the general public to travel and promoting the growth of the local economies and job creation.BackgroundThese guidelines set out a legal framework for the financing of airports and for State start-up aid used by regional airports for the benefit of airlines. They thus spell out the principles underlying Commission Decision2004/393/ECof 12February2004 in the Ryanair/Charleroi case. These new guidelines add to rather than replace the1994 guidelines. They are the outcome of extensive consultation of the various parties involved in air transport and its effects on regional development.RELATED ACTSCommission Decision2004/393/ECof 12February2004 concerning advantages granted by the Walloon Region and Brussels South Charleroi Airport to the airline Ryanair in connection with its establishment at Charleroi [OJ L 137of 30.04.2004].Community guidelines on the application of Articles 92and 93of the EC Treaty and Article 61of the EEA Agreement to State aids in the aviation sector [OJ C 350of 10.12.1994].Statistical returns in respect of the carriage of passengers, freight and mail by airThe European Union (EU) should have at its disposal comparable, consistent, synchronised and regular statistical data on the scale and development of the carriage of passengers, freight and mail by air within the EU. This regulation therefore aims to establish a solid statistical base on which to formulate the EU aviation policy.ACTRegulation (EC) No437/2003of the European Parliament and of the Council of 27February2003 on statistical returns in respect of the carriage of passengers, freight and mail by air [See amending acts].SUMMARYThe objective of this regulation is to collect reliable, regular, up-to-date, harmonised and comparable information on the carriage of passengers, freight and mail by air. Collecting common data on a comparable or harmonised basis will make it possible to provide an integrated system supplying reliable, consistent and prompt information.Each European Union (EU) country must collect statistical data on: passengers; freight and mail; flight stages; passenger seats available; aircraft movements.Each EU country must also collect all the specified data for all EU airports in its territory with traffic in excess of 150000passenger units per year.Where possible, the collection of data shall be based on available sources so as to minimise the burden on respondents. Where an EU country calls upon a respondent to provide information, the respondent is obliged to give true and complete information within the given deadline. The collection of data must be based on complete returns unless other standards of accuracy are established by the Commission. EU countries must transmit the results of the data processing, including data declared confidential, to theStatistical Office of the European Communities(EUROSTAT).At the request of the Commission, EU countries must communicate all information concerning the methods used in the collection of data, as well as any substantive changes to those methods.After data have been collected over a period of three years, the Commission is to submit a report to the European Parliament and the Council on the experience acquired in applying the regulation.REFERENCESActEntry into forceDeadline for transposition in the Member StatesOfficial Journal

Regulation (EC) No437/200331.3.2003-OJ L 66, 11.3.2003

Amending act(s)Entry into forceDeadline for transposition in the Member StatesOfficial Journal

Regulation (EC) No219/200920.4.2009-OJ L 87, 31.3.2009

Successive amendments and corrections to Regulation (EC) No 437/2003have been incorporated in the basic text. Thisconsolidated versionis for reference purposes only.Groundhandling at Community airportsThe groundhandling services at European Union (EU) airports to which access is being opened up include all the activities carried out at the airport to enable airlines to carry out air transport activities (taxi guidance, cleaning, refuelling, baggage services, etc.)ACTCouncil Directive96/67/ECof 15 October 1996 on access to the groundhandling market at Community airports [See amending acts].SUMMARYThe Directive applies to all Community airports open to commercial traffic whose annual traffic is not less than two million passenger movements or 50 000 tonnes of cargo.The managing body of an airport*, the airport user*or the supplier*of groundhandling services must, under the supervision of the designated auditor, rigorously separate the accounts of their groundhandling activities from the accounts of their other activities.In parallel, the Member States may: set up, for each of the airports concerned, a committee of representatives of airport users to represent users' interests; require that suppliers of groundhandling services be established within the Community; they may limit the number of suppliers authorised to provide categories of groundhandling services such as baggage handling, ramp handling, fuel and oil handling, cargo and mail handling; reduce to two the number of users able to provide self-handling for groundhandling services such as: baggage handling, ramp handling, fuel and oil handling, cargo and mail handling; benefit from exemptions (limited in time) where at an airport, specific constraints of available space or capacity make it impossible to open up the market and/or implement self-handling; reserve for one body, under certain conditions, the management of the centralized infrastructures which cannot be divided up or the cost of which does not allow for duplication. In parallel, subject to certain conditions, Member States may grant exemptions to airports where specific constraints make it impossible to open up the market and/or implement self-handling to the degree provided for in the Directive; oblige the supplier chosen at an airport to also operate on islands forming part of the territory of the Member State; subject the activity of suppliers of groundhandling services to the requirement to obtain a licence issued by a public authority independent of the airport, in order to guarantee safety, security, environmental protection and compliance with social legislation; take the necessary measures to ensure that suppliers of groundhandling services and airport users wishing to self-handle have access to airport installations. Where access to these installations is subject to a fee, the fee shall be determined according to relevant, objective, transparent and non-discriminatory criteria. adopt, subject to the other provisions of Community law, the necessary measures to ensure the protection of workers' rights and respect for the environment.BackgroundThis Directive provides for a gradual implementation schedule, according to whether self-handling services or third party handling services are involved. With regard to self-handling (services that airlines can provide themselves), the Directive applies from 1 January 1998. With regard to third party handling services (services provided by third party companies), the Directive applies from 1 January 2001. From 1 January 2001, the Directive applies to any airport located on the territory of a Member State at which the annual traffic is not less than 2 million passenger movements or 50 000 tonnes of cargo.Key terms used in the act

Manager: the body responsible for administrating and managing airport infrastructures and supervising and coordinating the activities carried out by different operators. User: natural or legal person carrying passengers, mail or cargo by air. Service provider: natural or legal person providing to third parties one or more categories of groundhandling services.

REFERENCESActEntry into force - Date of expiryDeadline for transposition in the Member StatesOfficial Journal

Directive96/67/EC14.11.1996-OJ L 272, 25.10.1996

Amending act(s)Entry into forceDeadline for transposition in the Member StatesOfficial Journal

Regulation (EC) No1882/200320.11.2003-OJ L 284, 31.10.2003

A common framework for airport chargesThe aim of this directive is to establish a common framework regulating airport charges at European Union airports.ActDirective2009/12/ECof the European Parliament and of the Council of 11 March 2009 on airport charges.SUMMARYThis directive is aimed at creating a common framework for the regulation of airport charges*at European Union (EU) airports. It shall apply toany airport: located in a territory subject to the Treaty whose annual commercial traffic is over five million passenger movements; with the highest number of passengers in the EU country.This directive shall not apply to charges: collected for the remuneration of en route and terminal air navigation services in accordance with Regulation1794/2006/EC; collected for the remuneration of groundhandling services referred to in the Annex to Directive96/67/EC; levied for the funding of assistance to disabled passengers and passengers with reduced mobility referred to in Regulation1107/2006/EC.Non-discriminationAirport charges must not discriminate between airport users*. However, charges may be modulated for issues of: general and public interest; environmental interest.Airport networkA managing body*of an airport network may decide to introduce a charging system to cover the entire network in a transparent manner.Common charging systemsAn airport managing body shall be authorised to apply a common and transparent charging system for airports serving the same urban community or conurbation.Consultation and remedyAirport users or the representatives of associations of users shall be consulted regularly with respect to: the operation of the system of airport charges; the level of airport charges and, as appropriate; the quality of service provided.Consultation shall take place at least once a year, unless: agreed otherwise in the latest consultation; an agreement between the airport managing body and the airport users states otherwise; the EU country decides to request more frequent consultations.Transparency requirementsAirport users or representatives of airport users shall be informed about the components serving as a basis for determining the level of charges. The information shall include: the various services and infrastructure provided in return for the airport charge levied; the methodology used for setting airport charges; the revenue of the different charges; any financing from public authorities of the facilities and services which airport charges relate to; forecasts of the situation at the airport as regards charges.Airport users shall be required to submit the following information to the airport managing body before every consultation: forecasts as regards traffic and use of their fleet; their development projects and their requirements at the airport concerned.New infrastructureAirport managing bodies shall consult with airport users before plans for new infrastructure projects are finalised.Differentiation of servicesThe difference in quality and scope of services decided by an airport managing body may result in a variation in airport charges.Independent supervisory authorityEU countries shall be required to establish an independent supervisory authority. It shall ensure the correct application of the measures taken to comply with this directive. The authority may delegate tasks to other independent supervisory authorities.ContextThis directive meets the need to harmonise the system for setting airport charges.

Key terms of the Act

Airport managing body: a body which, in conjunction with other activities or not as the case may be, has as its objective under national laws, regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned. Airport user: any natural or legal person responsible for the carriage of passengers, mail and/or freight by air to or from the airport concerned. Airport charge: a levy collected for the benefit of the airport managing body and paid by the airport users for the use of facilities and services, which are exclusively provided by the airport managing body and which are related to landing, take-off, lighting and parking of aircraft, and processing of passengers and freight.

REFERENCESActEntry into forceDeadline for transposition in the Member StatesOfficial Journal

Directive2009/12/EC12.3.200915.3.2011OJ L 70 of 14.3.2009

Allocation of time slotsWith the increase of air traffic, there is a continuously growing demand for capacity at congested airports. Slots, that is to say the permission to land and take-off at a specific date and time at congested airports, are essential for airlines' operations. Slots will be distributed in an equitable, non-discriminatory and transparent way by an independent coordinator. The aim of the EU framework is to ensure the fullest and most efficient use of existing capacity at congested EU airports while maximizing consumers' benefits and promoting the competition.ACTCouncil Regulation (EEC) No95/93of 18 January 1993 on common rules for the allocation of slots at Community airports [see amending acts].SUMMARYThe aim of this regulation is to ensure that where airport capacity is scarce, the available landing and take-off slots*are used efficiently and distributed in anequitable,non-discriminatoryandtransparentway.The regulation lays down the objective criteria on the basis of which an airport can be designated "coordinated" or "schedules facilitated" on the grounds that its capacity is insufficient.European Union (EU) countries can designate any airport a "coordinated airport"*provided that a capacity analysis is carried out and there is a serious shortfall of capacity which cannot be resolved in the short term.Coordinator / Schedules facilitatorThe EU country responsible for a coordinated or schedules facilitated airport*ensures the appointment as airport coordinator or schedules facilitator of a qualified natural or legal person with extensive experience of the coordination involved in planning the movements of air carrier aircraft. The coordinator / schedules facilitator acts in a neutral, non-discriminatory and transparent manner and should be functionally separated from any single interested party. Moreover, thesystem of financingthe coordinators activities will be such as toguarantee the coordinators independent status. The same coordinator may be appointed for more than one airport.Airport capacityAirport slot capacity available for allocation is determined twice yearly by the competent authorities, according to the two programming 'seasons' (winter and summer) in place in international aviation. Calculation of an airports capacity is based on an objective analysis of the possibilities of accommodating the air traffic.Air carriers must provide the coordinator with any relevant information requested by him.Coordination committeeThe EU country responsible shall ensure that a coordination committee is set up at a coordinated airport. The coordination committee makes proposals and advises the coordinator on all questions relating to the capacity of the airport, and in particularopportunities to increase capacity, coordination parameters, methods of monitoring, and local guidelines. Membership of this committee is open to: air carriers using the airport; the managing body of the airport; air traffic control authorities; general aviation representatives.Procedure for allocation of time slotsThe general principle regarding slot allocation is that an air carrier having operated its particular slots for at least 80 % during the summer/winter scheduling period is entitled to the same slots in the equivalent scheduling period of the following year (so calledgrandfather rights). Consequently, slots which are not sufficiently used by air carriers are reallocated (the so called"use it or lose it" rule).The Regulation provides for the setting up of"pools"containing newly-created time slots, unused slots and slots which have been given up by a carrier or have otherwise become available.The coordinator also takes into account additional rules and guidelines established by the air transport industry and local guidelines proposed by the coordination committee and approved by the EU country or any other competent body responsible for the airport.If a requested slot cannot be accommodated, the coordinator informs the requesting air carrier of the reasons therefore and indicates the nearest alternative slot.Slots may beexchangedortransferredbetween airlines in certain specified circumstances (for instance, partial or total takeover, or transfer to a different route or traffic mode). In such cases, explicit confirmation from the coordinator is always required.An EU country may reserve certain slots for regional services.EnforcementAn air carrier's flight plan may be rejected by the competent Air Traffic Management authorities if the air carrier intends to land or take off at a coordinated airport without having a slot allocated by the coordinator. If an air carrier repeatedly and intentionally operates air services at a significantly different time from the allocated slots or in a significantly different way, the coordinator may decide to withdraw from that air carrier the series of slots in question. Consequently, that air carrier may lose its grandfather rights. EU countries shall ensure thateffective, proportionate and dissuasive sanctionsare available to deal with this type of situations.Key terms used in the act

Slot: a permission given by a coordinator to use the full range of airport infrastructure necessary to operate an air service at a coordinated airport on a specific date and time for the purpose of landing or take-off. Schedules facilitated airport: an airport with a potential for congestion at some periods and where a schedules facilitator has been appointed to facilitate the operations of air carriers operating or intending to operate at that airport. Coordinated airport: an airport with a high level of congestion where demand exceeds capacity during the relevant period and where, in order to land or take off, it is necessary for an air carrier to have a slot allocated by a coordinator.

REFERENCESActEntry into forceDeadline for transposition in the Member StatesOfficial Journal

Regulation (EEC) No95/9321.2.1993-OJ L 14 of 21.2.1993

Amending act(s)Entry into forceDeadline for transposition in the Member StatesOfficial Journal

Regulation (EC) No894/200201.6.2002-OJ L 142 of 31.5.2002

Regulation (EEC) No1554/200305.9.2003-OJ L 221 of 04.9.2003

Regulation (EC) No793/200430.7.2004-OJ L 138 of 30.4.2004

Regulation (EC) No545/200927.6.2009-OJ L 167 of 29.6.2009

RELATED ACTSCommunication from the Commission of 30 April 2008 on the application of Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports, as amended [COM (2008) 227final Not published in the Official Journal].Communication from the Commission of 15 November 2007 on the application of Regulation (EC) 793/2004 on common rules for the allocation of slots at Community airports [COM/2007/0704final - Not published in the Official Journal].Insurance for air carriers and aircraft operatorsFollowing the terrorist attacks in the United States on the air transport industry, the European Union (EU) has taken an interest in insurance requirements in the aviation industry. In the framework of the common transport policy, and in order to foster consumer protection and avoid distortion of competition between air carriers, the EU would like to ensure a proper minimum level of insurance to cover liability of air carriers in respect of passengers, baggage, cargo and third parties.ACTRegulation (EC) No785/2004of the European Parliament and of the Council of 21April2004 on insurance requirements for air carriers and aircraft operators [See amending act(s)].SUMMARYThe objective of this regulation is to establish minimum insurance requirements for air carriers and aircraft operators in respect of passengers, baggage, cargo and third parties, for both commercial and private flights.With regard to the carriage of mail, the insurance requirements are those set out in Regulation (EEC) No1008/2008and in the national laws of the European Union (EU) countries.ScopeThis regulation applies to all air carriers and to all aircraft operators flying within, into, out of, or over the territory of an EU country.This regulation does not apply to: state aircraft (military, Customs department or police aircraft); model aircraft with an MTOM*of less than 20kg; foot-launched flying machines (including powered paragliders and hang gliders); captive balloons; kites; parachutes (including parascending parachutes); aircraft, including gliders, with an MTOM of less than 500kg, and microlights, which are used for non-commercial purposes, or for flight instruction (in so far as the insurance obligations under this Regulation relating to the risks of war and terrorism are concerned).This regulation is intended to apply to Gibraltar airport. The Governments of Spain and the United Kingdom will inform the Council of the date of application.Principles of insuranceThis regulation requires air carriers and aircraft operators to be insured, in particular in respect of passengers, baggage, cargo and third parties, to cover the risks associated with aviation-specific liability (including acts of war, terrorism, hijacking, acts of sabotage, unlawful seizure of aircraft and civil commotion).This regulation is without prejudice to the rules on liability as arising from international Conventions, EU law and the national law of the EU countries.ComplianceAir carriers and, when so required, aircraft operators, must demonstrate compliance with the insurance requirements set out in this regulation by providing the competent authorities of the EU country concerned*with a an insurance certificate or other evidence of valid insurance.Insurance in respect of liability for passengers, baggage and cargoFor liability in respect of passengers, the minimum insurance cover must be 250000SDRs*per passenger. However, in respect of non-commercial operations by aircraft with a MTOM of 2700kg or less, EU countries may set a lower level of minimum insurance cover, provided that such cover is at least 100000SDRs per passenger.For liability in respect of baggage, the minimum insurance cover must be 1131SDRs per passenger in commercial operations.For liability in respect of cargo, the minimum insurance cover must be 19SDRs per kilogram in commercial operations.The levels of cover set out above do not apply with respect to flights over the territory of the EU country carried out by non-EU air carriers and by aircraft operators using aircraft registered outside the EU which do not involve a landing on, or take-off from, such territory.Insurance in respect of liability for third partiesFor liability in respect of third parties, the minimum insurance cover per accident and per aircraft must be:CategoryMTO(kg)Minimum insurance(million SDRs)

1 5000,75

2 10001,5

3 27003

4 60007

5 1200018

6 2500080

7 50000150

8 200000300

9 500000500

10 500000700

Enforcement and sanctionsEU countries must ensure that air carriers and aircraft operators comply with the regulation.With respect to overflights by non-EU air carriers or aircraft registered outside the EU which do not involve a landing on or take-off from any EU country, as well as with respect to stops in EU countries by such aircraft for non-traffic purposes, the EU country concerned may request evidence of compliance with the insurance requirements laid down in this regulation.Sanctions imposed by EU countries for infringement of this regulation must be effective, proportional and dissuasive. For EU air carriers, these sanctions may include the withdrawal of the operating licence. With regard to non-EU air carriers and to aircraft operators using aircraft registered outside the EU, the sanctions may include refusal of the right to land on the territory of an EU country.Where EU countries are not satisfied that the conditions of this regulation are met, they must prohibit an aircraft from taking off until the air carrier or aircraft operator concerned has produced evidence of adequate insurance cover.Key terms used in the act

"MTOM" means Maximum Take Off Weight, which corresponds to a certified amount specific to all aircraft types as stated in the certificate of airworthiness of the aircraft. "EU country concerned" means the EU country which has granted the operating licence to the EU air carrier or the EU country where the aircraft of the aircraft operator is registered. For non-EU air carriers and aircraft operators using aircraft registered outside the EU, it means the EU country to or from which the flights are operated. "SDR" means a Special Drawing Right or a potential claim on the freely usable currencies of International Monetary Fund members (SDR as defined by the IMF).

REFERENCESActEntry into forceDeadline for transposition in the Member StatesOfficial Journal

Regulation (EC) No785/200430.4.2005-OJ L 138of 30.4.2004.

Amending act(s)Entry into forceDeadline for transposition in the Member StatesOfficial Journal

Regulation (EC) No1137/200811.12.2008-OJ L 311of 21.11.2008

Regulation (EC) No285/20108.4.2010-OJ L 87of 7.4.2010

Successive amendments and corrections to Regulation (EC) No 785/2004have been incorporated in the basic text. Thisconsolidated versionis for reference purposes only.RELATED ACTSRegulation (EC) No1008/2008of the European Parliament and of the Council of 24September2008 on common rules for the operation of air services in the Community [Official Journal L 293of 31.10.2008].Communication from the Commission to the European Parliament and the Council Insurance requirements for aircraft operators in the EU - A Report on the operation of Regulation 785/2004 [COM(2008) 216final not published in the Official Journal].Regulation (EC) No889/2002of the European Parliament and of the Council of 13May2002 amending Council Regulation (EC) No 2027/97on air carrier liability in the event of accidents (Text with EEA relevance) [Official Journal L 140of 30.05.2002].This regulation deals with the liability of air carriers in respect of passengers, and has applied since the entry into force of the Montreal Convention in the European Union on 30April 2004.Council Decision2001/539/ECof 5April2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) [Official Journal L 194of 18.07.2001].With Council Decision2001/539/ECthe Community concluded the Convention for the Unification of Certain Rules Relating to International Carriage by Air, agreed at Montreal on 28May 1999, which lays down new rules on liability in respect of the international carriage by air of persons, baggage and cargo.Civil aviation licencesArchivesThis directive aims to establish a Community procedure for the mutual acceptance of licences and qualifications of persons working in civil aviation in order to ensure that air transport services operate efficiently and safely and to guarantee free movement of these workers throughout the Community.ACTCouncil Directive91/670/EECof 16December1991 on the mutual acceptance of licences for persons working in civil aviation [Official Journal L 373of 31.12.1991].SUMMARYThe Directive applies to procedures for the mutual acceptance of licences issued by the Member States to flight crews in civil aviation.Description of the conditions under which Member States have to accept licences issued by other Member States, together with the associated privileges and certificates. Holders of private pilot licences may fly aircraft registered in another Member State. This recognition is limited to the exercise of the privileges of the holder of a private pilot's licence and of associated aircraft ratings under visual flight rules (VFR) by day only in an aircraft certificated for single-pilot operations.A Member State must accept any licence issued by another Member State in accordance with the Chicago Convention on International Civil Aviation, provided that the holder has complied with the special validation requirements described in the annex to the Directive.The Commission drew up and sent to all Member States a comparative survey of the requirements individuals must meet in order to qualify for licences covering the same activities issued in each Member State to enable the competent authorities to assess the extent to which licences issued by other Member States are the equivalent of their own. Description of the procedure to be followed by a Member State when a licence cannot be accepted because it is not equivalent.The Directive provides that nationals of all Member States are to be admitted to public and private training institutions and to examinations in any Member State on the same basis as its own nationals.Member States may choose whether to accept licences issued by Member States on the basis of licences issued by third countries.As from 7April 2008, Directive91/670/EECwill be repealed by Regulation (EC) No216/2008which establishes a framework for the definition and implementation of technical rules and common admistrative procedures in the field of civil aviation, and sets up a European Aviation Safety Agency (EASA). In particular, this Regulation defines the different qualifications required for the allocation of licences for pilots and cabin crew, conditions for their issue, and the privileges and responsibilities of holders of licences.REFERENCES

ActEntry into forceDeadline for transposition in the Member StatesOfficial Journal

Directive91/670/EEC-01.06.1992OJ L 373of 31.12.1991

RELATED ACTSOpinion 93/245/EEC, Official Journal L 111, 05.05.1993Commission Opinion of 26April1993 concerning the application of article 4(2) of Directive91/670/EECon mutual acceptance of personnel licences for the exercise of functions in civil aviation - equivalence of French, Irish and Portuguese pilot licences.The Opinion was issued following a request by the French authorities regarding equivalence between pilot licences issued by Ireland and Portugal and those issued by France. The Commission considers that an Irish or Portuguese air transport pilot licence may be considered as equivalent to a comparable French licence if it includes a pilot-in-command rating for multi-engined aircraft of more than 5700kg (FAR/JAR category 25) or any other aircraft considered as equivalent by the French authorities.Opinion 93/456/EEC-Official Journal L 213, 24.08.1993Commission Opinion of 23July1993 concerning the application of Article 4(2) of Directive91/670/EECon mutual acceptance of personnel licences for the exercise of function in civil aviation - equivalence of United Kingdom, French and Belgian pilot licences.The Opinion was issued following a request by the French authorities. The Commission considers that Belgian and French pilot licences may be considered equivalent. A United Kingdom licence may also be considered to be equivalent to a comparable French licence if it includes a pilot-in-command rating for multi-engined aircraft of more than 5700kg (FAR/JAR 25).Opinion 93/551/EEC-Official Journal L 267, 28.10.1993Commission Opinion of 5October1993 concerning the application of Article 4(2) of Directive91/670/EECon mutual acceptance of personnel licences for the exercise of functions in civil aviation - equivalence of Belgian and United Kingdom pilot licences. This Opinion was issued following a request by the Belgian authorities regarding the equivalence of pilot licences issued by Belgium and the United Kingdom. The Commission considers a United Kingdom pilot licence may be considered equivalent to a comparable licence issued in Belgium if it includes a pilot-in-command rating for multi-engined aircraft of more than 5700kg (JAR 25).Opinion 93/565/EC-Official Journal L 273, 05.11.1993Commission Opinion of 4November1993 concerning the application of Article 4(2) of Council Directive91/670/EECon mutual acceptance of personnel licences for the exercise of functions in civil aviation - equivalence of a Dutch professional pilot (B3) licence and a German airline transport pilot (A2) licence.Traffic management: air traffic controller licencesEuropean airspace remains one of the world's most congested traffic areas. Fragmentation of the air management system into national "islands" of rules, procedures, markets and performance levels is now the main impediment to making progress in this industry. It is therefore important that the entrance conditions and conditions of practice relating to the profession of air traffic controller be harmonised. The single European sky package is designed to remedy this fragmentation through a number of initiatives, one of which is the Community air traffic controller licence, by which Community rules can be introduced which will ensure higher levels of safety.ACTDirective2006/23/ECof the European Parliament and of the Council of 5April2006 on a Community air traffic controller licence.SUMMARYThis Directive applies to applicants for a student air traffic controller licence and to air traffic controllers employed by air navigation service providers operating mainly in the field of general air traffic.Member States must designate a body or bodies as their national supervisory authority to take on the tasks assigned to such authorities under the new rules. Member States must ensure that national supervisory authorities exercise their powers impartially and transparently.The Directive will: lay down rules on all the elements of the licensing chain; make the institutional framework laid down in the Single European Sky legislation applicable to training; training is seen as a service similar to air navigation services, including the possibility of inspections and surveys; specify the conditions for obtaining and maintaining a licence; harmonise competencies by imposing a structure of ratings and endorsements which specify the type of service that the air traffic controller is competent to deliver; give further guarantees of a high level of competence, particularly through the auditing requirement and the system for approving examiners.The provision of air navigation services requires highly skilled personnel. For air traffic control the appropriate means is the Community licence, to be seen as a kind of diploma. In this context, air traffic controller licences will be issued to applicants who: hold at least a secondary education diploma (or equivalent degree) or a diploma granting access to university; have successfully completed an approved initial training course relevant to the rating, including practical training and simulation; hold a valid medical certificate; medical certificates must be issued in accordance with the international medical requirements; have demonstrated an adequate level of linguistic ability; Member States must ensure that air traffic controllers can demonstrate the ability to operate in English and possibly the local language.At the same time, applicants must: be at least 18years old; hold a student licence; hold a valid medical certificate; have demonstrated an adequate level of linguistic ability in accordance with the set requirements.Each Member State must recognise the licence and its associated ratings and endorsements issued by the national supervisory authority of another Member State. This should lead to the recognition of licences throughout the Community, thereby increasing both freedom of movement and the availability of air traffic controllers.This directive is repealed by Regulation (EC) No1108/2009from December 2012.BackgroundThe objective of this Directive is to raisesafety standardsand improve the operation of the Community air traffic control system through the issuance of a Community air traffic controller licence.Air traffic controllers are a key link in the safety chain. The licence is thus part of a wider Community safety policy enshrined in the package. It should provide the opportunity to revise or reinforce safety aspects of air traffic management and introduce high standards for the training system.TheInternational Civil Aviation Organisation(ICAO) has adopted provisions on air traffic controller licensing, including linguistic requirements. In addition, the European Organisation for theSafety of Air Navigation(Eurocontrol) has adopted Eurocontrol Safety Regulatory Requirements relating to training and licensing. However, despite these many international regulations, licensing remains highly fragmented in the European Union Member States.REFERENCESActEntry into force - Date of expiryDeadline for transposition in the Member StatesOfficial Journal

Directive2006/23/EC17.5.200617.5.2008OJ L 114, 27.4.2006

RELATED ACTSRegulation (EC)No550/2004of the European Parliament and of the Council of 10March2004 on the provision of air navigation services in the single European sky (the service provision Regulation) [Official Journal L 96, 31.3.2004].Regulation (EC) No549/2004of the European Parliament and of the Council of 10March2004 laying down the framework for the creation of the single European sky (the framework Regulation) - Statement by the Member States on military issues related to the single European sky [Official Journal L 96, 31.3.2004].Protection of air passengersFollowing this Communication, the Commission launched a campaign to inform air passengers of their rights under Community legislation. The Commission presents its legislative strategy, which aims to give more protection to the interests of air passengers. At the same time, it will seek to obtain voluntary commitments from airlines and compare their performance. It will also aim to achieve better representation for the interests of air passengers.ACTCommission Communication of 21June2000 to the European Parliament and to the Council regarding the protection of air passengers in the European Union [COM(2000) 365final - Not published in the Official Journal].SUMMARYThis Communication is based on the results of a consultative document launched by the Commission. This document, which was addressed to organisations representing airlines, passengers and airports, concerned the problems encountered by air passengers and possible solutions.Air passengers and their protectionGrowth of air transport, stimulated by the development of the single market, is giving rise to much dissatisfaction today in terms of the quality of service provided by airlines. In spite of numerous measures already taken at Community level (compensation fordenied boarding,liability in case of accidents, acode of conduct for computerised reservation systemsandpackage travel), it appears that passengers have little knowledge of their rights. This has led the Commission to launch an awareness campaign through the display of a "charter of passenger's rights" in European airports (available in all languages as a PDF document available for download on the website of DG Energy and Transport).The policy proposed in this Communication combines both Community law, through various legislative acts, and voluntary commitments by the air transport sector. The Commission is counting on the cooperation of the airlines and airports to allow looser European legislation, preferring solutions negotiated on a voluntary basis. There is a need to avoid overregulation so as not to lessen the scope for competition or hamper cooperation between airlines.The Commission points out that future legislation will seek a balance between legal certainty for passengers and for airlines, while guaranteeing more rights for passengers. They must be able to obtain accurate and up-to-date information on airlines' performance so that they can make informed choices. Moreover, the difficulty of settling disputes must be addressed. The handling of complaints is often disappointing. Besides, representation of passenger interests is often weak when compared with very influential airlines.Commission proposalsThe Commission is proposing to base its action on both legislation and voluntary commitments. The legislation to be proposed will have three objectives: enable delayed passengers to continue their journeys under good conditions, by giving them the right either to reimbursement of the ticket or to an alternative flight at the earliest opportunity; create new rights for passengers, by setting minimum requirements for air travel contracts. The aim would be to create certainty for passengers by requiring the airlines to draft contracts clearly setting out the services offered and the conditions applied. The Commission also wishes to improve the balance of contracts in favour of passengers; give passengers the information they need to make well-founded choices between airlines. The Commission is proposing, on the basis of data submitted by the airlines, to publish regular reports for consumers.The voluntary commitments concern: improvement of service quality (lower fares, better information, easier complaints procedures); care for delayed passengers; simpler procedures for lodging complaints and mechanisms for settling disputes out of court.The Commission is also proposing to involve airports in this attempt to improve service to passengers.Commission work programmeIn 2000, the Commission set out the following tasks: discuss how best to strengthen the representation of passengers with Member States and passengers' organisations. examine the effects of Internet sales and reservations on the market and competition rules. study the effects on competition of code sharing and of tariff coordination in interlining. assess the impact of cabin conditions on passengers' health.RELATED ACTSRegulation (EC) No2111/2005of the European Parliament and of the Council of 14December2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9of Directive2004/36/EC[Official Journal L 344of 27.12.2005].This Regulation provides for the publication of a "black list" of air carriers that do not comply with European safety criteria and which have been banned from operating in the European Union. Under this Regulation, passengers are given the right to know the identity of the air carrier that is operating their flight.Regulation (EC) No261/2004of the European Parliament and of the Council of 11February2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No295/91[Official Journal L 46of 17.2.2004].Council Resolution of 2October2000 on the rights of air passengers [Official Journal C 293of 14.10.2000].Council Regulation (EC) No2027/97of 9October1997 on air carrier liability in the event of accidents [Official Journal L 285of 17.10.1997].Amended by:Regulation (EC) No889/2002of the European Parliament and of the Council of 13May2002 [Official Journal L 140of 30.5.2002].Commission Staff Working Paper. An International Framework for the Transfer of Airline Passenger Data to Public Authorities [SEC(2004) 99- Not published in the Official Journal].Rights of people with reduced mobility in air transportThis regulation is part of a general plan to reinforce passenger rights on all forms of transport. Persons placed at a disadvantage by reduced mobility, whether caused by disability, age or another factor, should have opportunities for air travel comparable to those of other citizens.ACTRegulation (EC) No1107/2006of the Parliament and of the Council of 5July2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.SUMMARYThe regulation on the rights of persons with reduced mobility when using air transport prohibits operators from refusing reservation or boarding to persons because of their reduced mobility or disability*.There are certain exceptions and derogations, however, particularly for justified safety reasons established by law. An air carrier may refuse to accept a reservation from or to embark a person with reduced mobility or request that a travelling person with reduced mobility or disability must be accompanied by another person, in order to meet applicable safety requirements duly established by law or if the size of the aircraft makes it physically impossible to embark that person.Within five working days of refusing a reservation or embarkation or requiring a person with reduced mobility or disability to be accompanied, the air carrier must inform in writing the person concerned of its reasons for doing so.Persons with reduced mobility or disability are entitled to receive the assistance specified in the regulation free of charge in airports (on departure, arrival and during transit) and on board aircrafts (for example, the transport of wheelchairs and the carriage of guide dogs for the blind).The managing bodies of airports should provide this assistance and may fund the services by levying a specific charge on airlines.European Union (EU) countries and other concerned countries (European Free Trade Association (EFTA) countries) will be required to lay down penalties for infringements and to set up independent bodies to deal with complaints.The Commission must report to the European Parliament and the Council by 1January2010 at the latest on the implementation and effects of the regulation.Key terms used in the act

"Disabled person" or "person with reduced mobility": any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers.

REFERENCESActEntry into forceDeadline for transposition in the Member StatesOfficial Journal

Regulation (EC) No1107/200615.8.200626.7.2008(Articles 3and 4: 26.7.2007)OJ L 204, 26.7.2006

RELATED ACTSReport from the Commission to the European Parliament and the Council on the functioning and effects of Regulation (EC) No 1107/2006of the European Parliament and of the Council of 5July2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air [COM(2011) 166final Not published in the Official Journal].The report concluded that Regulation (EC) No 1107/2006has brought advantages to disabled persons and persons with reduced mobility (PRM); in particular a single framework of protection, a clear division of tasks between airports and air carriers, and the establishment of a network of National Enforcement Bodies (NEB) in all EU countries.The Commission did, however, find some difficulties in applying the regulation which might weaken its impact. These problem areas include: a sometimes insufficient quality of service provided and inadequate adaption to PRMs individual needs; insufficient information provided to passengers; fragile and expensive handling mobility equipment; restrictions on accepting reservations from or embarking PRMs on the grounds of safety; insufficient in-flight assistance by the air carriers, in particular in moving to toilet facilities; conflicting interpretations of the definition of mobility equipment that must be carried free of charge by the air carriers; disparities in the implementation of the regulation between EU countries; disagreements over the amount of and the method of calculating and imposing charges; difficulty in interpreting certain important definitions, such as whether pregnant women, overweight people or young children are included in the definition of persons with reduced mobility; transporting and supplying medical oxygen.As the initial assessment finds that the implementation of Regulation (EC) No 1107/2006is overall positive, a legislative review is not necessary at this stage. The Commission does, however, propose a number of axes of improvement within the existing framework, including: a uniform interpretation of the regulation; improving how the regulatory instruments work in practice; strengthening the efficacy of the penalities and their supervision by national authorities; handling the issue of the transport and supply of medical oxygen.Communication from the Commission of 7August2008 on the scope of the liability of air carriers and airports in the event of destroyed, damaged or lost mobility equipment of passengers with reduced mobility when travelling by air [COM(2008) 510final Not published in the Official Journal].Based on the Study on the compensation thresholds for damaged or lost equipment and devices belonging to air passengers with reduced mobility launched by the Commission, this communication presents the current challenges faced by persons with reduced mobility when their mobility equipment is lost or damaged, as well as the solutions provided by Regulation (EC) No 1107/2006.In terms of quantitative objectives, the aim is to reduce the number of incidents regarding mobility equipment. To this end, the regulation establishes the legal obligation for airlines and airports to design procedures for and train staff on the assistance of people with reduced mobility. As a qualitative objective, the aim is to minimise the consequences of an incident. In this regard, there is: a lack of common procedures that would lead to an immediate solution, which is covered in part by the regulation; disparity in the nature and limits of the liability between airlines and airports, to whom an obligation of compensation that conforms to international, EU and national law is bestowed by the regulation; the problem of inadequate compensations and procedures; however, the regulation should diminish the amount of incidents and their consequences, which are currently already ra