The initiative, based on feedback from passengers, is "designed to encourage, and recognize the airline's 13 million frequent flyers for doing things like offsetting their flights, staying in eco-hotels, walking to work, and installing solar panels at home". Restrictions should be proportionate; and. 5.1 In your opinion, which pending legislative or regulatory changes (if any), or potential developments affecting the aviation industry more generally in your jurisdiction, are likely to feature or be worthy of attention in the next two years or so? 1.11 Are there any specifically environment-related obligations or risks for aircraft owners, airlines, financiers, or airports in your jurisdiction, and to what extent is your jurisdiction a participant in (a) the EU Emissions Trading System (EU ETS) or a national equivalent, and (b) ICAOs Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA)? With regard to non-overlapping block space and interlining agreements, these are viewed by EU regulators as pro-competitive and have been accepted subject to commitments by the EC in several merger clearance decisions pursuant to Regulation 139/2004 (please see: Air France/KLM, Case COMP/M. the planning framework operated by local authorities. The Environment Agency and Natural England are the two bodies with responsibilities in these areas. Consumer rights legislation will continue to strengthen in the UK as a result of the Consumer Rights Act 2015 and the ever-present bolstering of Regulation 261, primarily by the CJEUs interpretation of the Regulation, as now clarified to an extent by the 2016 Interpretative Guidelines, but also in relation to a revision to the Regulation (which remains to be agreed). In addition, the Airport and Ground Operations Support Scheme (AGOSS) to fund certain essential payments is available to: a) a commercial airport situated within England with a valid commercial licence from no later than 27 October 2021 that operated at least 12 scheduled commercial passenger flights in 2019; and. 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. This certificate testifies that the type of aircraft meets the safety requirements set by the European Union. The Air Passenger Rights and Air Travel Organisers Licencing (Amendment) (EU Exit) Regulations 2019 will directly transpose Regulation 261 into English law. (3) Drones weighing more than 20kg must comply with all rules within the ANO as if they are a manned aircraft, subject to any exemptions from the CAA. A party may appeal to the High Court on a question of law arising out of the arbitral award. Some of these bodies have been approved by the CAA for providing a high standard of dispute resolution for consumer disputes stemming from a contract for aviation services; others will have been approved by other EU Member States. injunctions to prevent the other side from doing something or requiring the other party to do something; possession orders to take control of an aircraft and other aviation assets; and. The Air Accidents Investigations Branch (AAIB) is responsible for the investigation of civil aircraft accidents and serious incidents in the UK. The Secure Aviation Data Information System (SADIS) supplies World Area Forecast System (WAFS) and OPerational METeorology (OPMET) data to aviation users in Europe, Africa, and parts of Asia. Further guidance on the requirements for registration of aircraft on the United Kingdom Register of Civil Aircraft is available at www.caa.co.uk. These pages are undergoing reviews and updates. The UK is a party to the Chicago Convention 1944, which provides for availability, so far as practicable, of aerodromes in its territory (Article 28) and equality of conditions for use of aerodromes for international and domestic aircraft (Article 15). Regulations for air passenger or freight services in the UK any rights and interests existing prior to ratification of the CTC will retain their priority without the need for registration. 4.15 What global distribution suppliers (GDSs) operate in your jurisdiction? Assistance of the local police is routinely available to AAIB investigators to secure an accident site. Regulators exercise regulatory or supervisory authority over a variety of endeavours. It is also possible to challenge the arbitrators award on the basis of a serious irregularity (section 67 of the Arbitration Act 1996). However, in February 2020, the Court of Appeal ruled that the UK Government had failed to assess the impact of the expansion on international climate change agreements, notably the 2016 Paris Agreement. Regulators include bodies to which regulatory functions have been delegated, where the delegation is authorised by legislation and irrespective of whether the regulator is specified in the. Regulation 261 establishes common rules on compensation and assistance to be given to passengers in the event of cancellation or long delay. 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. Individuals wishing to fly drones must also pass an online test once every three years. 800 Independence Avenue, SW. Washington, DC 20591. It does allow the exercise of extant (or existing) rights to repossess chattels such as aircraft and aviation assets without the need for a court order, however there are conditions to that and a person seeking to exercise rights on this basis can only do so peaceably and lawfully. Community Air Carrier Liability Order 2004 Statutory Instrument No 1418 2004. Our role | Civil Aviation Authority covers common issues in aviation laws and regulations - including aircraft trading, finance and leasing, litigation and dispute resolution. As detailed above, the Montreal Convention became effective in the United Kingdom pursuant to the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2009 and it can be applied in the UK courts, without particular limitation, on that basis. As a practical matter, the principles of the Chicago Convention are implemented at the national level in the United Kingdom by the CAA. Various regulatory bodies in the UK influence Heathrow's operations including: The Department for Transport responsible for UK aviation policy. In the wake of recent drone incidents at airports, the UK Government has published amendments to the UK Air Navigation Order 2016 (ANO) so that: (1) Any drone weighing over 250g must be registered with the CAA and labelled with an operator ID. The CAA is an independent body responsible for economic, safety and consumer protection regulation, and airspace policy. Several different international and UK Government bodies have a role in the environmental regulation of aviation in the UK. There is no right of appeal to the courts on a question of fact. The change was outside the parties control. Again, permission to appeal is required. A route of appeal lies from the Court of Appeal to the Supreme Court. The general competition rules (principally those contained in the CA 1998 and closely modelled on Articles 101 and 102 TFEU) apply fully to aviation as they do to other sectors. Neither the EC and the European National Competition authorities (EU regulators) nor the UKs Competition & Markets Authority (CMA) have blocked airline alliances yet, which are usually considered to produce substantial efficiencies and consumer benefits, but have, often following lengthy investigations and negotiations with the parties, required commitments from the parties, to be satisfied that the alliance qualifies for exemption and, in particular, that competition is not significantly affected or eliminated. 3.7 What rights exist generally in law in relation to unforeseen events which might enable a party to an agreement to suspend or even terminate contractual obligations (in particular payment) to its contract counterparties due to force majeure or frustration or any similar doctrine or concept? The Civil Aviation Act 1982 and the Air Navigation Order 2009 stipulate that where an aerodrome is open for public use, the aerodrome must be available to all, on equal terms, whether they are foreign or domestic carriers. The priority notice remains valid for 14 working days from and including the date of entry, and during this period either the relevant aircraft mortgage must be registered or a further priority notice entered. This is broadly the position also in relation to VAT applicable to the importation of aircraft into the United Kingdom, except where the aircraft has been imported previously into a Member State of the EU and is classified to be in free circulation for customs purposes. A potential mortgagee of a registered aircraft can pre-register a mortgage with the CAA by entering a priority notice, utilising CAA Form CA1330 (obtained from www.caa.co.uk). Certain airports will require a licence to levy airport charges, and the CAA can impose such conditions on that licence as it deems necessary to promote competition (e.g. Different issues are addressed by different bodies and, in the UK, the following laws and standards apply: The EU ETS and CORSIA are of particular relevance to aircraft owners and financiers in addition to the operators of aircraft affected as they may give rise to certain rights of UK regulators to detain and sell aircraft for failure to comply with the regulations, although it appears that the previous statutory right to do so for failure to pay EU ETS penalties appears to have been removed under the UK ETS.
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