Volume 33 (2008)

Volume 33 (2008) / Issue 2

Alan D. Reitzfeld, Cheryl S. Mpande, 'EU Regulation on Banning of Airlines for Safety Concerns' (2008) 33 Air and Space Law, Issue 2, pp. 132–154

Abstract

This article will describe the recent European Union (‘EU’) legislation in the area of banning third-country airlines for failure to meet safety criteria. It will also help guide the reader through some of the mechanics of the various inter-related regulations.

At the outset, it would be helpful to identify some of the principal regulations: Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 is known as the ‘basic regulation.’ It establishes the general mechanism to create and update a Community list of third-country air carriers that are subject to an operating ban within the Community for not meeting safety criteria.

Commission Regulation (EC) No 473/2006 of 22 March 2006 sets down the specific implementing rules for establishing and primarily for updating the list of air carriers subject to the operating ban.

Commission Regulation (EC) No 474/2006, also of 22 March 2006, establishes the initial operating ban list. Annex A includes a list of carriers as to which all operations are subject to a ban within the Community. Annex B lists carriers whose operations are subject to operational restrictions.

Commission Regulation (EC) No 910/2006 of 20 June 2006, amends Regulation (EC) No 474/2006 and establishes an updated operating ban list.

Commission Regulation (EC) No 1543/2006 of 12 October 2006 amends Regulation (EC) No 474/2006, as amended by Regulation (EC) No 910/2006, and establishes a further updated operating ban list.

Commission Regulation (EC) No 235/2007 of 5 March 2007 amends Regulation (EC) No 474/2006 and establishes a further updated operating ban list.

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ISSN: 0927-3379
ID: AILA2008011