European Policy Focus - European Regions Airline Association European Policy Focus J… · European Regions Airline Association Limited is registered in England & Wales. Company No:8766102

European Policy Focus

Park House, 127 Guildford Road, LIGHTWATER, Surrey GU18 5RA, UK Telephone: +44 (0)1276 856495 [email protected] www.eraa.org European Regions Airline Association Limited is registered in England & Wales. Company No:8766102

External relations and raising the profile of the association and its members

ERA’s policy and technical department is planning a comprehensive lobbying strategy in Brussels for 2015 in order to raise the profile of the association and to address and input into the many legislative proposals planned and underway in 2014/15. The strategy includes proactive contact with the following institutions: the new European Parliament, MEPs and

member states - this will be important as the new TRAN chair is a German representing the Green Party and is known to be hostile to aviation;

European Commission DG COMP (Competition Directorate),

European Commission DG MOVE (Transport Directorate;

European Commission DG CLIMA (Climate Change Directorate);

European Economic and Social Committee & Committee of the Regions; and

Airport Regions Conference (ARC), and European Aviation Safety Agency (EASA). A number of liaison meetings have been held since the last board meeting with: the director of the SESAR Joint

Undertaking; the acting Head of Unit at the European

Commission on aviation security; MEP Jill Seymour, Member of the

Transport and Tourism Committee of the European Parliament;

MEP Elzbieta Lukacijewska, member of the Transport and Tourism Committee of the European Parliament;

Margus Rahuoja, newly-appointed director – Aviation & International Transport Affairs at the European Commission,;

Cristina Lobilla, head of cabinet to EU Commissioner for Climate Action and Energy;

Angelo Ricci, transport attaché of Italy’s Permanent Representation to the EU; and

Gordon Keymer, president of the European Conservatives and Reformists Group (ECR) at the Committee of the Regions (CoR) and leader of the UK delegation.

ERA group activities

ERA’s groups continue to be the main working link between the ERA directorate and our membership and help drive the activities of the association. Summaries of each group’s activities for 2014 are posted on the appropriate ‘policy’ section of ERA’s website, under groups. Since the last meeting of the ERA board the following meetings have taken place or are planned: chief financial officers group, 05

November, Basle; air safety group, 26-27 November,

Brussels; industry affairs group, 2-3 December,

Brussels; industry affairs group, planned for end of

March 2015, Dublin; council for environmentally friendly aviation

(CEFA), 12 January 2015;


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maintenance ‘virtual’ group, next teleconference being planned for January 2015;

operations group , planned for 28-29 April 2015, EASA in Cologne; and

ERA, FSF, Eurocontrol and flight safety joint event 02-03 June 2015, Brussels.

The existing groups have all produced end-of-year reports summarising their achievements for the year. They are available from the ERA website and are being promoted and distributed to members. They can be found on the download sections of the group pages on the ERA website: www.eraa.org/policy/overview-and-news ERA legal network update

ERA’s legal counsel, Sean Gates, continues to write a regular legal column for Regional International with observations and comments on topical legal and industry issues. Following contact with member airlines, three potential ideas were identified as possible ways to aid the establishment of a legal network: 1 the publication of best practice guidelines

and/or experience on specific topics, which will be made available to members only from the ERA website;

2 the publication of a confidential list of legal contacts (supplied by members) detailing their level expertise and country of practice; and

3 the publication of template contracts, or de-identifiable statements of advice for

members only to download from the ERA website.

The consensus of opinion was that ideas ‘one’ and ‘two’ were the most favourable. Regarding ‘one’ specific subjects will now need to be identified so as to commence the publication of the best practice guidelines. Regarding ‘two’ the directorate contacted all member airlines to establish the name, title and a description of the area of expertise of each legal representative. These details have now been added to a contact list which is available for members to view and download from the ERA website. A separate exercise will now be conducted for ERA’s associate members (legal firms) to canvas their expertise, jurisdictional coverage and potential offerings of advice (at discounted rates) to members. Such a database will be updated every six to12 months. A conference call of the legal network is being planned for January 2015. Inter-association activities the ERA directorate continues to work

closely with AEA, EBAA, ELFAA, IATA and IACA. A joint association initiative was presented to the EC’s stakeholders advisory group (SAGAS) on 22 January on aviation security in an attempt to improve consultation with industry on aviation security issues and a joint press release was issued in December on ATC charges;

two standing coordination committees meet approximately every two months to coordinate actions on environmental issues (the CEFA group, which ERA currently chairs, met on 12 January in Brussels) and infrastructure issues. More informal catch-up meetings take place in Brussels on a monthly basis; and

in May 2014 ERA signed a memorandum of cooperation with the US Regional Airline Association.


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European Commission 2015 work programme

Recent developments: On 16 December 2014 the new European Commission released its full work programme outlining its policy priorities for the next 12 months. The document lays out the initiatives that the Commission will propose in the coming year, alongside on-going proposals that it plans to withdraw, amend, or review. Unlike previous work programmes, the document published by the Commission last December does not include indicative dates for when each of the initiatives are to be proposed. The work programme represents a more focussed approach by the Commission, with only 23 new initiatives listed. For the aviation sector this move is reflected in the proposal of a new aviation package and the withdrawal of the ground handling regulation and aviation security charges directive, for which the Commission says no agreements are in sight. What we are planning The directorate issued a press briefing shortly after the publication of the work programme. In general we welcomed the new package which strikes a positive note in identifying the challenges and measures necessary to improve the competitiveness of the EU aviation sector. However, the Commission’s decision to stop further liberalisation of ground handling services at European airports and to withdraw the proposal for a directive on security charges is contrary to ERA’s established policies.

The fact that the 2015 programme proposes fewer new initiatives is, hopefully, a reflection of the Commission’s strengthened commitment to better regulation and underlines President Juncker’s drive to combat bureaucracy and promote an environment conducive to investment. ERA is optimistic and will be vigilant that this commitment will be reflected in cutting unnecessary and costly legislation prevalent in the aviation sector. Timescales The next work programme will be published in December 2015. Industry affairs issues

Air passenger rights Current position On 13 March 2013 the European Commission published its proposal to revise EU 261/2004 (originally expected by the end of 2012) and a major work exercise has been undertaken since, with regular reports to the board. ERA’s full position on air passenger rights can be found www.eraa.org/policy/passenger-rights/passenger-rights Recent developments The Italian presidency (June-December 2014) were unable to broker an agreement due to the UK/Spain diplomatic dispute over Gibraltar, which is still blocking definitive progress. Additionally, some recent EU and national courts’ rulings may undermine the industry lobbying efforts in the revision process of EU


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Regulation 261/2004. 21 November 14: CJEU ruling in Siewert and Others v Condor Flugdienst case: mobile boarding stairs colliding with an

aircraft does not constitute “extraordinary circumstances” relieving the air carrier of its obligation to pay compensation for a flight delay of more than three hours;

the court held that such mobile stairs or gangways are indispensable to air passenger transport (to enable passengers to enter or leave the aircraft) and, accordingly, air carriers are regularly faced with situations arising from the use of such equipment; and

furthermore, there is nothing to suggest that the damage suffered by the aircraft in this case was caused by an act outside the category of normal airport services.

6 November 14: Danish Eastern High Court ruling: delay caused by damage to the aircraft hull

caused by a handling agent, who on behalf of the airline carried out loading of the aircraft, does not constitute an “extraordinary circumstance” exempting the airline from its obligation to pay compensation for a flight delay of more than three hours; and

the court emphasised that the purpose of Regulation 261/2004 is to ensure a high level of protection for passengers, and that consumer protection demands should be considered in full.

31 October 14: UK Supreme Court rejected appeal on Jet2.com v Huzar judgement (dated 11 June). technical defects arising out of the

operation of aircraft cannot be relied upon by airlines as constituting extraordinary circumstances for the purpose of defending EC Regulation 261/2004 claims, even if those technical defects could not have been foreseen or are beyond the control of the carrier;

the Court held that the wider purpose of

EC Regulation 261/2004 is to compensate passengers for inconvenience, and passengers suffer that inconvenience regardless of the cause of the cancellation or delay;

from now on, in the UK, airlines can only cite technical faults as a reason for not paying compensation if the fault was originally caused by an event that was “out of the ordinary” or external (such as a manufacturer defect or bad weather); and

standard technical faults, such as a part on the aircraft failing before departure, will generally not be considered extraordinary circumstances.

September 14: CJEU: Judgment in Case C-452/13 German Wings GmbH v Ronny Henning when calculating length of flight delays,

time of arrival is to be intended as “time at which at least one of the doors of the aircraft is opened”; and

such definition is not in line with what the European Commission had proposed in the revision of Regulation 261 (“when the aircraft reaches the arrival stand and the parking brakes are engaged - ie block time”) and is not aligned with the industry’s request (“when the aircraft touches down”).

On 13 August 2014 the European Commission sent the European Parliament its opinion on the Parliament’s first reading position on the new air passenger rights regulation. The document outlines in detail the Commission’s stance on each of the over 160 amendments adopted by MEPs during a plenary vote in February this year. The European Parliament is keen to start negotiations with the council as soon as possible after the recess, but the EU member states have not so far agreed on a common position that would allow inter-institutional negotiations to start. What we are planning The revision process of EU Regulation 261/2004 on air passenger rights is far from complete. Following final adoption of the


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Parliament position, the EU member states (Council) must then agree their own position before the final law is adopted. ERA will continue to lobby to redress some of the key areas of concern emerging from the recent Parliament’s vote. The December 2014 IAG discussed the latest updates on the revision process of EU Regulation 261/2004 and provided another good opportunity for ERA members to share their main concerns on the recent case law and to further steer the Directorate’s lobbying actions. ERA is working closely with IATA on lobbying during the Latvian EU Presidency (January-July 2015).

Timescales Negotiations between the European Parliament and the Council may resume in early 2015 and, according to the most optimistic forecasts, the EU Council may agree a common position in March 2015 with a view to adoption of the regulation in mid-2015 (new rules could enter into force in 2017). Environmental issues

EU emissions trading scheme developments (EU ETS) Current position On 30 April 2014 the new EU Emissions Trading System (ETS) regulation was published in the Official Journal of the European Union and is now fully in force in Europe. The new legislation, Regulation No

421/2014, amends the geographic scope of the scheme. Specifically, the regulation now exempts operators from the obligation to submit verified reports and having to surrender allowances for flights to and from non-EEA airports (EU 28 member states plus Iceland, Lichtenstein and Norway) for emissions produced in years 2013, 2014, 2015 and 2016. Recent developments With the adoption of the new EU ETS legislation, attention is now focused on the on-going discussions at ICAO level to find an international agreement on a global market- based mechanism (MBM) by 2016 that may, in principle, supersede the European scheme. What we are planning Through the Council for Environmentally Friendly Aviation (CEFA), ERA is following the developments at ICAO level and is working closely with IATA to defend the peculiar interests of the European airlines and, more specifically regional airlines. The next CEFA group, chaired by ERA and including AEA, EBAA, ELFAA and IACA, convened in Brussels on 12 January 2015. Timescales Agreement at ICAO level is not expected until at the earliest 2016.

Revision of the EU aircraft noise directive 30/2002 – EC airport package Current position The draft regulation on noise-related operating restrictions at EU airports was published in December 2011 to repeal the existing directive 30/2002 and better enable national authorities to deal with the noisiest aircraft and improve the noise levels around airports in Europe by setting common rules and processes leading to noise-related restrictions in the union. ERA’s consolidated position noise can be found www.eraa.org/policy/environment/noise On 16 April, the European Parliament formally adopted new rules on procedures for imposing noise restrictions around airports in the EU. As a consequence of the strong lobbying actions


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in the past months, the final text of EU Regulation 598/2014 is in line with the main industry’s expectations and requests. Recent developments Members Hill Dickinson produced a comprehensive summary of the newly adopted regulation and the directorate produced and circulated a guidance paper during the December 2014 industry affairs group meeting. Italian regional tax on aircraft noise Current position Following a decision in 2012 by the Italian Court of Accounts, some Italian regions (Lombardia, Lazio and Emilia Romagna) have adopted (or are about to implement) a new tax on aircraft noise named IRESA (Imposta Regionale sulle Emissioni Sonore degli Aeromobili). It is up to each region to decide on the specific tax level and amount, to be set within a range of values and parameters deliberated by the conference of the regions last December. Developments were reported in detail to the last board meeting. Recent developments Having been altered to this development, the directorate informed members about the new tax and contributed to the industry’s immediate reactions, coordinated by IATA, towards the European Commission (DG Mobility and Transport), the Italian Civil Aviation Authority (ENAC) and the Italian regions concerned. On 27-28 November 2014, the directorate had various meetings in Rome with the chairman of Rome Fiumicino airport AOC (airlines’ operator committee); the legal team of the Italian Board of Airlines Representatives (IBAR); member airlines Mistral Air and Luxair; and IATA campaign manager, southern Europe. A very comprehensive catch-up on the current situation was provided as well as a clearer picture on the recommended way ahead (ie, airlines’ legal challenge coordinated by IBAR): each airline has to oppose any single

invoice received on a monthly basis and

submit a formal challenge before the tax court within 60 days from the invoice date. This means that no collective legal action is possible, despite the coordinating role IBAR is playing on behalf of 30 airlines. The first hearings on the contested invoices are not expected before summer 2015 and the initial rulings by the tax court will not be delivered before the end of 2015. Moreover, once the rulings are adopted, the revenue and custom authorities can file an appeal against any single invoice under judgement which will further delay the process.

IBAR’s position and recommendation is to pay the full amount within 30 days and challenge the invoices before the tax court within 60 days from the invoice date, asking for a full refund to the carriers. In parallel, each airline may submit a self-protection request to the Lazio region, where it is clearly stated that the payment is made “under protest” and a formal request for full refund is filed. Unfortunately such option is not particularly cheap as a “justice tax” (up to €500 per invoice) must be added on top of the legal costs already incurred;

invoices for 2013 (highest rate, estimated revenues: €40m) have not been issued by the airport manager (ADR) yet and nobody can really foresee whether Lazio regional authorities will eventually start doing it or threaten to do so.

although a national law, adopted by the Italian parliament in February 2014, capped the rate to €0.5/tonne, Lazio region has decided to ignore it and started issuing invoices (as of March 2014) on a flat rate that is five times higher and unrelated to the ICAO certification noise standard levels;

Lazio region has started a legal action before the constitutional court to declare the February 2014 national law (the one imposing a €0.5/tonne cap) void and in breach of the regional exclusive competence. Due to the very sensitive issue at stake (allocation of powers


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between the Parliament and the regions), the constitutional court’s decision is not expected before the end of 2015;

in various meetings with Lazio region’s authorities, it was candidly admitted that the only objective of IRESA is to collect some €50-55m each year to feed the regional coffers with just a very limited percentage (10%) of the revenue earmarked and destined to acoustic anti-pollution measures or other initiatives for communities living around the Lazio airports; and

Alitalia (AZ) - that contributes to 50 per cent of the overall revenues the Lazio region has already submitted a complaint before the European Commission to send a strong warning to the region calling for a halt to invoices applying such a disproportionately high rate (€2.5/tonne instead of €0.5/tonne). At the same time, AZ is following IBAR legal action and is challenging each and every invoice before the tax court. Apparently, AZ has unilaterally decided to pay only a limited amount (corresponding to less than €0.5/tonne). It is worth mentioning that, in case an airline does not comply with the payment of IRESA according to the invoices received, a 30 per cent penalty plus eight per cent fee for legal expenses have to be added on top of the amount due. In this case, AZ has accepted to take the risk of such an additional penalty.

What we are planning The directorate continues to proactively lobby against the adoption of any further distortive and punitive tax on aviation and will provide its contribution to Assaereo, IBAR, and IATA. CEFA will reaffirm the industry’s position to demonstrate the negative impact of the tax. Further initiatives towards the Italian government will be taken in close coordination with IATA that is also seeking to raise the issue with the European Commission. Member airlines are urged to consult their legal departments before opting for not paying the mentioned invoices issued by ADR (Rome

airports’ manager). Timescales CEFA will cover this issue at the next meeting, scheduled in Brussels on 12 January 2015, and will provide members with any further updates. Portugal green tax Current position A governmental “commission for green taxation” has recommended the adoption of a new departing passenger tax. A €3 tax would apply to each passenger departing from any Portuguese airport. Exemptions are suggested for passengers in transit and for flights to/from Madeira and the Azores. According to the initial estimates, the environmental benefit of this new tax will be negligible, whereas the annual cost to airlines is expected to be €43m (sufficient to offset 20 times CO2 emissions attributed to air transport from Portugal). The impact on job losses (-1,500) and passenger traffic (-265,000 passengers) will cause a net loss of €52m to the annual aviation contribution to GDP. Recent developments The directorate informed ERA members about the new tax and contributed to the industry’s immediate reactions, coordinated by IATA, towards the European Commission and the Portuguese Government. Last October the Portuguese Government decided not to include the tax in its green fiscal reform. The Minister of Economy and Finances and the Secretary of State for Tourism opposed the tax: deemed unjustified as the sector would soon be included in a global market-based measure scheme. What we are planning The directorate continues to proactively lobby against the adoption of any further distortive and punitive tax on aviation and will provide its contribution to members operating to and from Portugal.


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Timescales CEFA will cover this issue at the next meeting, scheduled in Brussels on 12 January 2015, and will provide members with any further updates. Spain - Catalonia NOx tax

Current position Tax proposed in December 2013 by the Catalonia regional government applicable to passenger flights to/from Barcelona El Prat (BCN) based on NOx emitted by aircraft per landing and take-off cycle (LTO) and modulated according to the number of movements (take-offs) for each aircraft type (capped at 20,000) multiplied by NOx weighted average factor (Kg) applicable to each aircraft type in the fleet. A general tax rate of €3 per kg of NOx for the share of passenger on intra-EEA flights (and not connecting through Catalonia) is imposed. A reduced tax rate (€1.5 per kg of NOx) is also envisaged for the share of passengers on non-EEA flights or connecting passengers. Recent developments The tax was adopted by the Catalan parliament in October 2014. The directorate reacted to this tax on behalf of CEFA members and sent a letter to the Catalan authorities in coordination with IATA. What we are planning The directorate continues to proactively lobby against the adoption of any further distortive

and punitive tax on aviation and will provide its contribution to members operating to and from Barcelona El Prat. CEFA will monitor the future implementation of the tax and seek advice on behalf of members to legally challenge it. It is worth noting that the national government is entitled to bring an action of unconstitutionality (deadline: 15 January 2015) before the supreme court. In parallel, only those airlines subject to the tax - and once they receive the invoices - are entitled to challenge the tax in lower courts. Timescales The collection process will be defined and regulated in mid-2015 and airlines will have to self-assess their liability under the tax and declare it to authorities. First tax period: calendar year 2015 (no liability for emissions on 2014). First tax declaration and payment: due in 2016 (for emissions in 2015). Technical issues SESAR deployment planning 2014-2020 for regional operators Current position Following adoption of the SESAR pilot common projects (PCP) by the Single Sky Committee (SSC), the deployment phase of the SESAR programme is now underway. Recent developments On 30 June 2014 the “call for the deployment manager” was launched by the European Commission with a deadline of 15 October 2014. The deployment manager function was instituted in late 2014, its role being to manage coordinated airborne and ground technology deployment. ERA has been meeting with the European Commission and other stakeholder associations to assess its potential role within the SESAR framework partnership agreement. This is to ensure members have clear access to potential EU funding for projects designated under the pilot common project programme.


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What we are planning Now the deployment manager is now in place, the first challenge will be to present its deployment programme to the Commission for acceptance, and once accepted this will initiate a call for implementing projects to be funded. ERA will continue to evaluate the most effective role it can play within the framework and implementing partnerships to ensure members have access to future EU funding for retro and forward fit requirements. It is expected a further call for projects will be issued in 2015. Review of EASA basic regulation

Current position In May 2014 the European Aviation Safety Agency (EASA) issued an advanced notice of proposed amendment (A-NPA) to update and improve regulation (EC) No 216/2008 (the EASA basic regulation) in order to make it best respond to changes to the aviation environment and subsequent challenges to its safety. This initiative is based on a variety of established high-level policies and technical deliberations that took place over the last years and identified current issues and possible areas of improvement. These inputs were reflected upon in this A-NPA. Consequently, it remained at a high generic policy level and refrained from addressing technical or legal details which will be dealt

with at a later procedural stage, if necessary. Focussing on these objectives, the A-NPA addressed seven different areas of potential change in order to increase the effectiveness of the European aviation system: a performance-based and integrated

approach to safety; modernising and updating EASA’s safety

remit; extending EASA’s remit beyond safety; optimising the use of available resources; ensuring an adequate and stable funding

for EASA; further integration of aviation aspects; and aviation regulation beyond the EASA’s

facets. Recent developments ERA members were advised of the details of the consultation and encouraged to respond individually and to make appropriate comments to the directorate in order for a consolidated ERA position to be constructed. The EASA advisory board, with which the directorate actively participates, has additionally submitted a ‘high level’ consolidated response and a number of other airline associations have exchanged their own respective submissions by way of mutual cooperation. Having drafted a response which was sent to members for final comments, the directorate made a submission on 11 September 2014. Timescales It is understood that over 6,000 comments were received to the A-NPA. EASA envisages publishing a concise ‘high level’ comment response document by the end of January 2015, highlighting comment trends and conclusions (but not individual comments). No further public consultation will be possible but an opinion will then be published in due course (Q2 2015) that will be taken into account by the European Commission for possible future legislative proposals.


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The directorate has a meeting with the executive director of EASA in February 2015 to discuss this and other appropriate initiatives. Single European sky developments, the industry consultative body (ICB) and user charges Current position As parts of its work on SES issues ERA monitors closely development of ATM user charges across Europe. As part of the proposed changes to charges in 2015, DFS (Deutsche Flugsicherung), who are responsible for German air navigation charges, initially announced plans to increase its charges by around 30 per cent in 2015. This increase has caused great concern to all European associations including ERA and was challenged in meetings (EU single sky committee), in writing (letter to EC single sky unit) and publically (via a joint association press release) in the last quarter 2014. Recent developments Following the opposition and work by ERA in partnership with the other European associations the proposed increase by DFS reduced to 16.6 per cent, less than the original proposal but still very significant. A meeting of the EU Single Sky Committee (made up of states) will now meet on 20 January to either approve or reject the final proposals of Germany (and other EU states) What we are planning If the increase is approved by the EC, ERA will need to consider if further action is necessary, eg, legal action/EC investigation. If the EC opposes the increase ERA will be able to utilise their support to help with any counter actions. Regarding possible legal action, ERA’s legal counsel, Sean Gates, has provided some preliminary advice on the options available which has been shared with other associations. Timescale Following the 14 January Single Sky Committee meeting and its outcome, further

steps will be taken. Security developments

Current position A number of member states and industry experts believe that the current European regulations are too cumbersome and are not effective and believe that the application of ‘risk-based’ measures may be more appropriate. The European Commission has enabled implementing legislation to consider ‘small amendments’ to existing legislation, without having to go through the full process of new regulations and recent amendments have been published and ERA member airlines and airports are advised to contact their security control authority to ensure compliance. Recent developments ERA, together with the other airspace user associations, has proposed discussions with DG-MOVE (the European Commission department responsible for aviation security) and member states to discuss alternative security measures, using ‘risk-based’ concepts already successfully applied to mitigate aviation safety. As an example, ERA has supported convening a working group with member states to discuss aircraft search procedures. There have recently been advanced security checks on passengers and cabin baggage at a number of EU airports following intelligence of credible threats to aviation. These ‘more


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stringent measures’ remain an individual state responsibility, based on their own respective threat assessment. Airspace users have also challenged DGMOVE as to the effectiveness of the current consultation process with industry as this is felt to be far more ‘reactive’ than ‘proactive’. An inter-stakeholder meeting was convened to discuss possible ways forward and the stakeholders will be presenting the conclusions to SAGAS in late January including industry priorities for 2015/16. Following a meeting with the EC acting director for aviation security, the directorate has also requested that ‘in flight’ security measures are included in the Commission’s work programme as these have not been properly addressed, despite lobbying by the directorate for a number of years. Such measures run the risk of being duplicated by a number of control authorities including the Commission, EASA and Eurocontrol. ERA members are asked to note that new hold baggage and LAGs cabin baggage screening equipment will be progressively trialled and introduced during 2015 to meet new EC regulatory requirements. This is likely to increase charges for baggage screening and members are encouraged to liaise with airports to ascertain operational impact of new technology. What we have done The ERA directorate joined the liquids aerosols and gels (LAGs) ‘statement of intent’ working group to ensure that member’s concerns are taken into account as the progressive introduction of technology for the screening of these items continues. The first phase of duty-free screening on international transfer flights was implemented in January 2014. Following extensive operational trials during the summer of 2014 on a possible ‘phase two’ alleviation of screening of bottled water, the number of false

alarm rates, extended time for passenger screening and lack of approved screening equipment has meant that it is not possible to screen for water at this time. Trials will continue in 2015. A resolution was adopted at ERA’s general assembly urging member states to prioritise the ratification, acceptance or accession of the Montreal Protocol of 2014. The protocol represents a clear opportunity for governments to put in place an international legal instrument which gives them the means to deal with unruly passengers more effectively, and to deter future incidents. What we are planning The directorate is discussing developing ‘best practice’ advice for ERA airlines on dealing with disruptive passengers. A questionnaire to establish the dimension of the problem within ERA member airlines, what mitigation strategies airlines might already employ or training received. A questionnaire has been produced and was distributed via ERA’s safety group with a view to ERA holding a workshop in 2015. It is hoped to organise the participation of cabin crew safety experts at a future meeting of the ASG to consider specific ‘cabin’ issues such as the handling of disruptive passengers on smaller aircraft operating with minimum cabin crew. A questionnaire ascertaining the scale of disruption by passengers, actions taken and mitigation strategies employed by crews within the ERA fleet was disseminated in 2014. The ASG is evaluating offering additional briefing and training for operators not routinely equipped with TCAS and operational changes of new TCAS V7.1. The directorate is also evaluating the potential benefits of running an SMS course independently from the ASG. Following the success of the inaugural IATA cabin operations safety conference in May 2014, the directorate is planning to participate


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at this year’s event on 5-7 May in Paris. The three day event will address various cabin safety issues by blending workshops, panels, interactive case study analysis and traditional plenary sessions. The directorate has negotiated a 20 per cent discount for ERA members that wish to participate and details will be published on ERA’s website in due course. Following the success of the last two years joint ERA, FSF and Eurocontrol safety event in Brussels, it has already been agreed ERA will support a similar event on 2-3 June 2015 with ‘automation’ as the focus. The directorate will evaluate the recently published EASA European aviation safety plan 2014-2017 in order to produce a ‘roadmap’ for ERA members of key issues and work areas that may affect their operation. ERA will continue to monitor any revisions to aircraft tracking or data recording requirements. Air safety issues

Current position The focus of ERA’s air safety activities is through the air safety group (ASG). The directorate will hold three dedicated meetings in 2015 and will hold a joint safety event with Eurocontrol and the Flight Safety Foundation in June 2015.

Recent developments Two new ERA safety targeted awareness reports (STAR) have been drafted, covering the dealing with an in-flight fire and the role of the safety manager. Following a request for final input and comments from members both STARs will be published in January 2015. Following recent high profile aircraft accidents, ICAO in consultation with world-wide state authorities and an IATA joint task force are in the process of developing global requirements for additional aircraft tracking and recording and they are expected to produce a report in February 2015. In Europe the European Commission and EASA are progressing ‘Work in Progress’ following Regulation 965/2012 regarding changes to requirements in flight data recording and flight tracking and looking to develop multi-layered ‘concept of operations’ for aircraft tracking (normal operations) and aircraft tracking (abnormal operations), autonomous distress tracking and automatic deployable flight recorders. Their goal is to produce some high level guidance by March 2015 and publish new equipment mandates in 2015 to be implemented to provide additional capability beyond SSR transponders for new aircraft and for the existing fleets to fully utilise equipment currently installed. Currently new requirements are envisaged to be applicable to all aircraft over 27,000 kgs and operating oceanic or trans-oceanic flights. What we have done Following a recent briefing to airspace user associations and European airframe manufacturers there is a strong indication that the comprehensive radar coverage provided over continental Europe should negate any extra equipage requirements by member airlines, although operations to the Azores will have to be evaluated.


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What we are planning The next meeting of the ASG is being planned for spring 2015. Air and ground datalink equipage

Current position Since Commission Regulation (EC) No 29/2009 laying down requirements on data link services for the Single European Sky entered force in February 2009, it has become apparent that the proposed implementation of data link services is not going to be easily achieved. For airborne equipage, the mandated forward fit date was 1 January 2015, with Retro-fits to follow by 5 February 2015, but as of June 2014 Commission figures state that only 40 per cent of operators will be ready to use air, ground and data link by 5 February 2015, with the remainder following by 2017. However, this is based only on those airlines that responded to the survey and is therefore unlikely to be an exact representation of the true position. Equipage rates of ground-based equipment has also been poor with many ANSPs able to take advantage of airborne equipage. Recent developments The EC is therefore proposing delaying the existing mandates and decisions as to revising current data link mandated dates. Any delay

will be confirmed following the next EU single sky committee in January 2015. At a recent EU stakeholder workshop, the Commission is proposing two options: option 1 - a shift of five years until 2020

and ground until 2018; and option 2 - a shift of three years until 2018

airborne, 2016 ground plus an evaluation after two and half years and to consider new dates (based on the evaluation).

ERA has discussed this with technical experts in the ERA operations group and based on feedback from their respective members, AEA, IACA, IATA and ERA all have agreed a common airspace user position paper lobbying the EC support to support option one. What we are planning ERA will monitor any modified dates to existing mandates for data link proposals and communicate additional information as it becomes available. The Single Sky Committee voted on 15 January 2015 to issue a delay to the mandate based on option one with definitive action to monitor implementation by the newly empowered deployment manager team. This decision will be ratified by the European Parliament and confirmed in the official journal in due course.

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European Policy Focus - European Regions Airline Association European Policy Focus J… · European Regions Airline Association Limited is registered in England & Wales. Company No:8766102