RPAS regulation takes off in the EU – The Riga Declaration and the EASA Concept of Operations for Drones

Regulation of Remotely Piloted Aircraft Systems (RPAS), commonly known as “drones”, received a boost in the EU after the issuance of the Riga Declaration, which laid down policy aims on RPAS regulation. A few days later, the European Aviation Safety Agency (EASA) announced the Concept of Operations on Drones.

FAA vs Pirker: NTSB finds model aircraft are “aircraft”

The US National Transportation Safety Board (NTSB) has delivered its order in the appeal against the decisional order of the Administrative Law Judge, who terminated the FAA enforcement process against Raphael Pirker, an individual fined for violating FAA regulations during the flight of an Unmanned Aerial System (UAS). The NTSB reversed the decisional order and remanded the case for further findings.

EASA contemplates revision of its Basic Regulation

The European Aviation Safety Agency has issued an Advanced Notice or Proposed Amendment (A-NPA) concerning the EASA Basic Regulation (Regulation Nr. 216/2008), which means it has initiated preliminary consultation thereon with all actors involved. The consultation regards the Regulation’s modernization in view of the future mid-term and long-term developments in aviation. The changes proposed relate to:

• A performance-based and integrated approach to safety,
• Modernising and updating the EASA’s safety remit,
• Extending the EASA’s remit beyond safety,
• Optimising the use of available resources
• Ensure an adequate and stable Agency funding,
• Further integration of aviation aspects, and
• Aviation regulation beyond the EASA’s facets.

The deadline for comments and responses is 15 August 2014.

You can find EASA’s A-NPA here.

EU Commission releases report on the implementation of the Airport-Charges-Directive

The EU Commission has released a report on the implementation of Directive 2009/12/EC on airport charges. The report evaluates the Directive as to its impact on consultation of airport users by airport managers, transparency and non-discrimination of the charges imposed, the role of the established Independent Supervisory Authorities (ISAs) in each Member State, and the flexibility to impose differentiated services on airport users. The report concludes that the Directive has brought about improvements, yet further steps should be taken, for its implementation varies not only among Member States but also among different airports of the same Member State.

One-stop shop for safety authorization of TCOs in the EU

The European Commission announced the adoption of new Regulation (Part-TCO) that enables Third Country Operators (TCO) to obtain a single safety authorization for operations in the EU. TCOs will no longer be required to make a separate application for a safety authorization to each EU Member State they want to fly to, as is the case now.

EU Commission announces improvement of travel services websites after concerted enforcement action

The EU Commission announced that there has been increased compliance with EU law of the websites offering travel services, after a concerted action (“sweep”) of national enforcement bodies took place all over the EU in 2013.

EU Commission to regulate civil RPAS

The EU Commission announced the intention to develop standards on the use in civilian airspace of Remotely Piloted Aircraft Systems (RPAS), commonly known as “drones”. The standards will include safety, privacy and data protection, security, liability and insurance, and streamlining of Research and Development (R&D).

CJEU: EU-MS may prohibit charges for the use of cashless payment methods

The Court of Justice of the EU (CJEU) ruled in its judgment of 9 April 2014 (case C-616/11) that under Directive 2007/64/EC on payment services a Member State (MS) may prohibit charges for cashless payments levied by traders to customers. This ruling entails that EU-MS may, in full accordance with EU law, prohibit airline transaction fees charged to customers (e.g. credit card fees). 

EU Parliament reaches compromise over aviation ETS

On a plenary vote on 3 April 2014 the EU Parliament reached a compromise on the scope of the aviation ETS. The measures will apply only to intra-European flights in the ETS scope. Flights between European Economic Area (EEA) and Switzerland, EEA outermost regions, EEA overseas territories, as well as flights of small aircraft operators are also exempted. The EU-ETS will apply from 2013 to 2016, when an ICAO summit is expected to decide on a global scheme to reduce aviation CO2 emissions. Should ICAO fail to reach an agreement in 2016, the EU ETS will be applied in full scope. The relevant EU legislative procedures will be concluded on 14 April, when the EU Council is expected to formally adopt the new rules.

LH pilot strike and passenger rights

The pilots of the German carrier Lufthansa (LH) are on strike from Wednesday 2 April to Friday 4 April demanding higher wages and better retirement schemes. As a result, about 3.800 flights will be cancelled (see more here). From a legal view, it is worth highlighting a few issues on passenger rights according to EU law in such cases.

CJEU: Non-discrimination on grounds of nationality and free movement of services apply also to air carriers licensed by EU Member States

The Court of Justice of the EU (CJEU) ruled in its judgment of 18 March 2014 that an EU Member State (MS) may not deny access to its airspace to an air carrier licensed by another MS. Such denial violates Arts 18 and 56 of the Treaty of the Functioning of the EU, which lay down respectively the principle of non-discrimination on grounds of nationality between EU nationals and the freedom of such national to provide services across the EU (Case C-628/11).

Laser striker sentenced to 14 years imprisonment

According to a press release of the US Attorney for the District of California, a 26-year-old male person was sentenced to 14 year in prison on 10 March 2014 for aiming with a laser against the crew of a police helicopter. The defendant had a series of criminal convictions in the past.

UAS: NTSB Judge dismisses FAA fine against model aircraft operator

On 6 March 2014, Administrative Law Judge Patrick Geraghty of the US National Transportation Safety Board (NTSB) found that the FAA had no authority to issue a fine against the operator of a model aircraft.

European Parliament adopts resolution “on the use of armed drones”

The European Parliament (ΕP) adopted on 27 Febr. 2014 a resolution “on the use of armed drones”.

St. Valentine’s day and air cargo

   AirCargoWorld posted some interesting information on the air cargo of flowers for St. Valentine’s day.