#EVENT CALENDAR
November 6 2020
November 6 2020
32nd EALA Annual Conference, Webinar
Online-conference
November 10-15 2020
November 10-15 2020
International Aviation and Aerospace exhibition "Airshow China 2020"
Zhuhai, China
November 12-13 2020
November 12-13 2020
IATA Sustainable Aviation Fuel Symposium
Online-conference
December 1-2 2020
December 1-2 2020
ICATMA 2020: 14. International Conference on Air Transport Management and Applications
Auckland, New Zealand

#AVIATION LEGISLATION
#RUSSIAN AVIATION LEGISLATION OCTOBER 2020

On 1 and 14 October, the Ministry of Transport published updated lists of documents that shall be submitted by employee when applying for a job related to transport security, and of documents that shall be submitted by a transport infrastructure entity and/or a transport security division to the certification authority for the purpose of certifying transport security forces.

On 5 October, the Federal Government adopted the Requirements for ensuring security of aircraft and air transport infrastructure facilities. The Requirements shall be effective within 6 years from the date of entry into force and are mandatory for all air transport infrastructure entities, including foreign carriers that perform both domestic (cabotage) and international transportations to, from, and through the RF territory.

On 15 October, the powers of the Federal Government to regulate issues of federal civil aviation airfields repair financing were adjusted. Now the Government approves standards for financial expenditures and rules for calculating the amount of budget allocations only in respect of major repairs of the airfields. The Government also acquired the authority to approve inter-repair deadlines for major repairs.

On 29 October, the Ministry of Transport published new Federal Aviation Rules (FAR) setting requirements for organizations and entrepreneurs performing aviation works included in the list of aviation works that require obtaining a document confirming that the organization and/or entrepreneur meets the FAR requirements.

#EU AVIATION LEGISLATION OCTOBER 2020

On 5 October 2020, the European Commission authorised the granting of a public loan guaranteed by the Romanian State for an amount of EUR19.3 million in favour of Tarom. The airline, which had already received rescue aid in February 2020, received aid in the form of a public loan guaranteed by the State for an amount of EUR 19.3 million and is based on Article 107(2)(b) TFEU. In this respect, the Commission considers that the coronavirus pandemic constitutes an "exceptional occurrence" because of its exceptional and unpredictable nature and its significant impact on the economy. Several compensation payments for the damage caused by the pandemic have already been notified and approved by the Commission, for instance for Condor, TAP, Alitalia and SAS. In this case, the Commission found in particular that the Romanian measure will compensate damage that is directly linked to the coronavirus outbreak. The Commission also found that the measure is proportionate as the compensation does not exceed what is necessary to make good the damage. On this basis, the Commission concluded that the Romanian measure is in line with EU State aid rules.

On 8 October 2020, the European Union Aviation Safety Agency (EASA) published the Easy Access Rules for Occurrence Reporting. These rules, which are formally contained in Regulation (EU) No. 376/2014 and Regulation (EU) No. 2015/2018, as well as in the accompanying guidance material. The rules aim at simplify the reporting, analysis and follow-up of occurrences in civil aviation, with an easy-to-read approach and format and advanced navigation features. In this context, the Easy Access Rules have the objective of improving aviation safety by ensuring that relevant aviation safety information relating to international civil aviation is reported, collected, stored, protected, exchanged, disseminated and analysed.

On 14 October 2020, the European Commission officially adopted an extension to the waiver of EU rules on the use of airport slots. As a result airlines can plan their flight schedules with more certainty without the fear of losing their slots because of the drastic fall in air traffic due to the COVID-19 pandemic. Under normal circumstances, airlines have to use 80% of the slots allocated to them to secure this allocation for the next season. The first waiver was introduce in March with the outbreak of the pandemic in Europe. The new adopted waiver will cover the entire winter season until 27 March 2021. Traffic is predicted to still be down to 50% in February 2021.



#EVENTS
32nd EALA Annual Conference, Webinar
Programme of the Conference

10:00 – 10:10 OPENING REMARKS (Pablo Mendes de Leon, president of EALA, professor of air and space law, Leiden University, Leiden )

INSTRUCTIONS FOR THE MANAGEMENT OF THE WEBINAR (Morten Hans Jakobsen, secretary of EALA, partner, Gorrissen Federspiel, Copenhagen)

10:10 – 10:20 Traffic developments in Europe

SPEAKER (Ann Frédérique Pothier, head of director's office and senior legal advisor, Eurocontrol, Brussels)

10:20 – 11:10 State of affairs, COVID-19 pandemic – the EU perspective

TOPICS
• Coordination of EU Member States' policies
• Restructuring of the air transport market
• The application of Public Service Obligations (PSOs) under EU-Regulation 1008/2008
• Compensation under EU Regulation 261/2004 on passenger rights

MODERATOR
Laura Pierallini, partner, Studio Legale Pierallini, Rome

SPEAKERS
Carlos Bermejo-Acosta, head of aviation agreements unit, European Commission, Brussels
Frank Prillevitz, vice president government & industry affairs, KLM Royal Dutch Airlines, Amsterdam
Bastiaan de Bruijne, general counsel, ACI EUROPE, Brussels

11:10 – 11:30 Update on Brexit

SPEAKERS
Noura Rouissi, legal officer, DG Move, European Commission, Brussels Robert Lawson, partner, Clyde & Co, London

14:00 – 14:25 State of affairs, COVID-19 pandemic – the ICAO perspective

SPEAKER
Nabil Naoumi, president of the air navigation commission, ICAO, Montreal

14:25 – 14:50 Digitalization of services and information – special reference to cybersecurity

SPEAKERS
Sorana Paun-Pop, aviation cybersecurity consultant, ICAO, Bucharest Benjamyn I. Scott, atm & new technologies manager, ASD Europe, Brussels

14:50 – 15:05 The way ahead with the European Emissions Trading Scheme (ETS)

SPEAKER
Michael Gill, director, Aviation Environment, IATA, Geneva

15:05 – 15.30 The maintenance of fair competition in the European air transport market in light of COVID-19

TOPICS
• State aid for airlines and airports
• Implications for labour conditions
• Re-nationalisation of airlines
• Bankruptcies

SPEAKERS
Anna Masutti, partner, R&P LEGAL studio associato, Milan/Bologna Stamatis Varsamos, senior legal advisor, Athens international Airport, Athens

15.30 – 15.45 Presentation of the EALA essay prize and closing words from the president of EALA, Pablo Mendes de Leon
ICATMA 2020: 14. International Conference on Air Transport Management and Applications
The Conference will be held on December 01-02, 2020 in Auckland, New Zealand.

The International Research Conference is a federated organization dedicated to bringing together a significant number of diverse scholarly events for presentation within the conference program. Events will run over a span of time during the conference depending on the number and length of the presentations. With its high quality, it provides an exceptional value for students, academics and industry researchers.

ICATMA 2020: 14. International Conference on Air Transport Management and Applications aims to bring together leading academic scientists, researchers and research scholars to exchange and share their experiences and research results on all aspects of Air Transport Management and Applications. It also provides a premier interdisciplinary platform for researchers, practitioners and educators to present and discuss the most recent innovations, trends, and concerns as well as practical challenges encountered and solutions adopted in the fields of Air Transport Management and Applications.

Call for Contributions

Prospective authors are kindly encouraged to contribute to and help shape the conference through submissions of their research abstracts, papers and e-posters. Also, high quality research contributions describing original and unpublished results of conceptual, constructive, empirical, experimental, or theoretical work in all areas of Air Transport Management and Applications are cordially invited for presentation at the conference. The conference solicits contributions of abstracts, papers and e-posters that address themes and topics of the conference, including figures, tables and references of novel research materials.

Find more: https://waset.org/air-transport-management-and-app...
IATA Sustainable Aviation Fuel Symposium
The IATA Sustainable Aviation Fuel Symposium will be held on 12 - 13 November.

The event is ideal for those who need to understand the latest developments in sustainable aviation fuels: airlines (fuel procurement and environment/sustainability managers), sustainable aviation fuel suppliers (technical and commercial managers), conventional fuel producers and suppliers, airports, fuel handlers, technology developers, government agencies.
#AIR & SPACE LAW ACADEMIC REVIEW
Dear friends!
What do national and foreign researchers of air and space law write about during hard times for the whole world? You will know about this­­­ in our section.

What will happen to the aviation industry in connection with the pandemic?

The Covid-19 pandemic that has swept the planet so suddenly and has not released it for more than 10 months, it seriously affected the development and functioning of the aviation industry around the world. The issue of the French Journal of Air and Space Law (REVUE FRANÇAISE DE DROIT AERIEN ET SPATIAL) is dedicated to the peculiarities of the survival of the European aviation market. Its authors reviewed a number of measures taken in some member states of the European Union with the aim of presenting readers a complete and clear vision on the situation in Europe. In addition to France, which is covered by Vincent Corea, professor of international law at Paris-Saclay University and editor of the Air Law Chronicle column, the issue also discusses examples of Germany (by Sarah Joanna HAAS), Spain (by Alberto RUEDA CARAZO) and the United Kingdom. (by Rob Lawson and Sophie Dorion).

The authors of the issue are unanimous in the fact that the measures that the governments of the European Union states have taken to save some airlines have not been sufficiently organized. Perhaps, as writes Korea, this is due to the "long and deafening silence" of the European Union in the first weeks of the pandemic, which was then followed by equally lengthy decision-making procedures that did not bring visible results. Needless to say, the current situation in the aviation sector in Europe will return it 25 years ago in the absence of more effective measures to combat the crisis? This is the most important question, says the professor.

Will today's difficult conditions serve as a certain impetus for the progressive development of aviation, or vice versa - is this a big step back, as Korea wrote. Is the pandemic a stage in the evolution of international air transport, or vice versa? An interesting work on this topic, in our opinion, is the article by Roberto Cassar, "Evolution or Devolution: Aviation Law and Practice after COVID-19", published in a special issue of the journal Air and Space Law. The author of the article is convinced that aviation, more precisely, the large volume of flights around the world, as well as "unprecedented globalization" have greatly contributed to the spread of the virus. In this regard, new standards, procedures and measures are proposed to combat the spread of the virus, both at the national and international levels.

Nevertheless, states Kassar, states should carefully consider them, study and understand the main thing: are such measures legal and effective in the fight against the virus, or whether they can harm the aviation sector no less than COVID-19 itself.

What can prevent the spread of infection and help fight it? In his article "National Reflexes After the COVID-19 Outbreak: Is Sovereignty in the Air Again?" Dutch scientist Pablo Mendes de Leon reflects on the concept of sovereignty of states in their airspace in the context of protecting the health of their citizens and preventing the spread of infections. Earlier, the author writes, states closed their national airspaces for a number of reasons: environmental threats, flight safety
issues, political motives, military actions. The global spread of the coronavirus disease 2019 (COVID-19) is forcing a different interpretation of the action to close the airspace, as for the first time in the history of air law, measures are taken toprotect public health on a global scale. The author of the article analyzes in detail the provisions of the Chicago Convention on International Civil Aviation (1944), agreements on air services, European air law and national law and comes to the conclusion that the basic principle of sovereignty, firmly established in the Chicago Convention and other documents on international air law is still the last resort to which states invoke in turbulent and extraordinary circumstances.

We can only hope that humanity will be able to overcome the pandemic and the aviation industry will definitely recover.

Let's highlight some other aspects of our review.

Protection of the rights of air passengers, the responsibility of the air carrier, compensation of losses are the main issues of regulation of the current document in the air transport industry - the Montreal Convention of 1999. According to many experts, both practitioners and theorists, for a short time of its existence (21 years) it has repeatedly proved its effectiveness. The 1999 Montreal Convention is 21 years old: has it reached the age of majority or is past its expiration date? This is the title of an article by the British researcher, lawyer-practitioner Robert Lawson, which was published on the pages of volume 45, 3 issues of the journal Air and Space Law.

May 2020 was marked by the 21st anniversary of the Montreal Convention. In many countries, 21 is the age of majority. Has the Montreal Convention attained such age or, to the contrary, its rules do not go in line with the modern-day reality, and the Convention itself is of no relevance? The author of the article, turning to historical prerequisites of the elaboration and the adoption of the Montreal Convention, briefly expresses the main purpose of the instrument and highlights the provisions of utmost importance which supplemented the Warsaw Convention, or Warsaw system. Lawson examines in detail the legal practice, providing the analysis of all niceties arising when applying the rules of the Montreal Convention and arrives at the conclusion that, in spite of certain shortcomings, the Montreal Convention is a sterling and decent document governing the liability of air carriers and deserves high appraisal; apart from that, he sets forth certain proposals as to improving it during further revision.

Further, of interest to us seems the publication by Magdalena Kucko "Air Transport Agreement between EU and Qatar: Is It Likely to Become Successful?", also featured in the 3rd release of Air and Space Law journal. The author conducts a detailed analysis of the air transportation market between Qatar and EU countries, as well as new opportunities for its development after the adoption of bilateral air transport agreement.

The Agreement is aimed at governing new relations in the realms of air transportation between EU and Qatar, which are based upon the principle of fair competition in conjunction with 'modern' provisions on transparency, environment protection and social dimensions, which previously had no coverage in bilateral air transport agreements. The author provides critical examination of the possibilities of legal effect of such an instrument.
#RUSSIAN AVIATION LITIGATION DIGEST
October turned out to be an uneventful month in terms of litigation related to air law in Russia, but it is worth presenting one important for passengers and airlines decision of the Supreme Court of the Russian Federation that will be discussed below.

No. AKPI20-488

The Supreme Court approves an increase in the refund period for flight tickets due to COVID-19

On September 30, 2020, the Supreme Court of the Russian Federation recognized the Regulation approved by the Government Decree of 06.07.2020 No. 991 as not contradicting the legislation.

The regulation established special rules for the return of flight tickets purchased before May 1, 2020 with a departure from February 1, 2020 to China, and from March 18 - on all other routes. The document allowed the carriers to unilaterally change the flight conditions: date, time, route and type of aircraft. The repayment period from the usual 10-14 days was increased to three years with interest rate accrued in the amount of the key rate of the Central Bank of the Russian Federation. During this period, the passenger had the right not to wait for a refund, but to spend it in whole or in part on another flight by the same airline.

Many disputed this Regulation, arguing that it violates the rights of consumers. Passengers could not predict border closures and other consequences of the pandemic when they bought their tickets. Moreover, they are also not satisfied with the exchange of tickets, since country borders are still not open.

The representative of the Ministry of Transport noted that the government issued a regulation within the framework of its powers in accordance with the Air Code. At the same time, it fully protects the rights of airline customers due to the accrual of interest and the ability to choose an alternative route instead of a refund.

Speaking about foreign practice, it is worth noting that on April 6, 2020, the International Air Transport Association (IATA) recognized deposit vouchers as a legal form of refund for air tickets and urged regulators of all countries to allow legal circulation of airline deposit vouchers in order to avoid devastating consequences for the aviation industry. The drafters of the Regulation referred to this position in support of the legality and necessity of adopting the Regulation.

You can find the Regulation here: http://base.garant.ru/74345254/

#ARCHIVE
BOARD OF EDITORS

Chief Editor – Oleg Aksamentov, oleg@aerohelp.com
Editor of Russian Air Legislation Digest – Anastasia Konyukhova
Editor of EU Air Legislation Digest – Andrea Trimarchi
Editor of Aviation Litigation Digest – Chrystel Erotokritou
Editor of Air & Space Law Academic Review – Ekaterina Samorodova
Executive Editor – Marina Kulidobrova, marina@aerohelp.com
Website editor - Ilona Tsimbal, ilona@aerohelp.com

info@aerohelp.com