The obligations under the DPA 2018 are on the data controller, who is the person that determines how personal information can be processed. Applicants for registration of a mortgage must complete and provide to the CAA a Form CA1577 (see www.caa.co.uk), together with a complete copy of the related aircraft mortgage deed (provided it has been certified as a true copy by the applicant). The PNR Directive obliges airlines to hand EU countries their passengers data in order to help the authorities fight terrorism and serious crime. CAA is the Civil Aviation Authority. The initiative, which was launched in 2004, seeks to improve the European air traffic management system in order to reform the European airspace, from a perspective of capacity, efficiency and environmental impact. Civil proceedings which include a claim for damages in respect of personal injuries must not be started in the High Court unless the value of the claim is 50,000 or more. Article 15 of the Convention further provides for equality of charges for use of aerodromes. A relevant merger situation under the UK merger rules arises where: With the exception of special cases of mergers involving newspapers, broadcasters or water companies, there is no obligation to notify proposed or completed mergers. Among the changes to data protection legislation implemented via the GDPR, some key points include: i) requiring freely given, specific, informed and unambiguous consent from a data subject which must be as easy to withdraw as it is to give; ii) the provision of clear and unambiguous information regarding what the data is to be used for, how long it is to be used for and the requirement to set out exactly what the data subjects rights are in relation to the personal data they provide; iii) maximum fines for breach of the GDPR are the higher of 4% of annual global turnover or 20 million; iv) requiring organisations which engage in regular and systematic monitoring of data subjects on a large scale to appoint a data protection officer (also known as a DPO); and v) the requirement for those processing personal data to be accountable and provide adequate technical and organisational measures to protect any personal data held. A CAA is a national regulatory body responsible for aviation. The ICO utilised this power to full effect in July 2019 when it announced its biggest fine to date of 20 million over a personal data breach by British Airways that involved the theft of around 400,000 passengers data (see also question 5.1 below). In relation to b), there are no documentary taxes (e.g. Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 . This avoids additional administrative hurdles resulting from the ratification of the CTC, but at the same time means that it is not possible to register such pre-existing interests. The limits of liability for air carriers pursuant to the Montreal Convention have been subsequently amended by way of the Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2009. It is also worth noting that by adopting the Alternative A insolvency regime (with a 60-day waiting period for the asset to be returned to the creditor), the UK has furthermore decided to grant additional protection to financiers and lessors in a debtor insolvency scenario. As outlined in question 1.1 above, this Regulation protects passengers in the event of cancellation or long delay. The sector operates business jets, rotorcraft, piston and jet-engine fixed-wing aircraft, gliders of all descriptions, and lighter than air craft. Pursuant to the UK domestic legislation the Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 the CAA is empowered to pursue enforcement proceedings against an airline for non-compliance with the European rules. 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). Led by the CMA and the courts, the UK will need to develop its own regime in due course with the ability to decide to diverge from those areas where similarities continue to be in place, in particular as regards EU competition law developments and case law. trademarks) and other assets and data of a proprietary nature? Regulation 261 establishes common rules on compensation and assistance to be given to passengers in the event of cancellation or long delay. In addition, the CAA advises the UK Government on aviation issues, represents consumer interests, conducts economic and scientific research and produces statistical data. The CAA carry out inspections at EMA on a regular basis to ensure compliance and any shortfalls will be identified by the CAA . Current Aviation Inspection Bodies: Helideck Certification Agency (HCA) E-mail: Info@helidecks.org Telephone: +44 (0)1224 704048 Website: www.helidecks.org Safeguard Helideck Certification. It requires more systematic collection, use and retention of PNR data on air passengers, and therefore has an impact on the rights to privacy and data protection. Airlines must ensure that a clearly legible and visible notice containing prescribed wording is displayed to passengers at check-in, and must provide passengers affected by denied boarding with a notice setting out the rules for compensation. In May 2013, the EC cleared a revenue-sharing joint venture focusing on transatlantic passenger routes (in particular, Frankfurt-New York), accepting binding commitments from Star Alliance members Air Canada, United and Lufthansa (COMP/39595 Continental/United/Lufthansa/Air Canada). the drone must not be flown within 150m of any large group of people such as a concert or sporting event. This will in any event and inevitably increase the prospect of parallel investigations, while both the CMA and the courts will be at liberty to determine the extent to which they follow the EU approach (or not). The CTC entered into force in the United Kingdom and thereby became effective as United Kingdom national law on 1 November 2015 following its ratification on 27 July 2015, as implemented by the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 and several declarations. (f) protected by ensuring that appropriate technical and organisational measures are taken against the unauthorised or unlawful processing of the personal data, as well as against accidental loss or destruction of, or damage to, personal data. To that end, lease terms and conditions conventionally contain an indemnification of the owner/lessor of a relevant aircraft against losses and/or claims it incurs as a result of a repossession action. The CAA exercises certain licensing and other powers under EU Regulations, notably in connection with operational safety and airworthiness. In terms of the Civil Aviation Act 2012, an airport operator that has, or is likely to acquire, substantial market power requires a licence from the CAA. The EASA is a EU agency and applies to all of EU, very similar to how the FAA is a US agency that applies to all of the US. United Kingdom Chapter Basic Regulation, the Implementing Rules and UK CAA AMC GM CS, Civil Aviation Act 1982, the ANO 2016, the Rules of the Air 2015, and the DG Regulations 2002, The UK Service Provision Regulation and the Regulations made under it, The UK Airspace Regulation and the Regulations made under it, How were helping enable improvements in aviations sustainability, Regulator calls for views on plans to improve airline accessibility, General Aviation Unit delivers first quarter engagement. In addition, local authorities play a role at the local level, as do various governmental agencies and bodies such as the Environment Agency and Natural England; and. You can change your cookie settings at any time. Since then, a qualifying aircraft must be: i) used by an airline operating for reward chiefly on international routes; or ii) used by a State institution and of a weight of not less than 8,000kg and neither designed nor adapted for use for recreation or pleasure. The CAA is an independent body responsible for economic, safety and consumer protection regulation, and airspace policy. Nevertheless, it is common market practice (also in order to manage certain risks arising due to conflicts of law and legal systems as they apply to these most mobile assets) for engine owners and financiers to require entry into a contractual recognition of rights agreement governed by English law between the relevant parties as a condition to installing an engine on a different airframe. It is also possible to challenge the arbitrators award on the basis of a serious irregularity (section 67 of the Arbitration Act 1996). However, where a merger falls outside the turnover thresholds of the EU Merger Control Regulation 139/2004, but falls within the definition of relevant merger situation within the Act (see below), the CMA will have jurisdiction to investigate it within four months of completion or the date it was made public, whichever is later (discussed below). In certain circumstances, these rights of detention will also include a power of sale of the relevant aircraft, or attach to the rest of the operating fleet of which the aircraft is a part despite different ownership. The UK GDPR has enhanced notification provisions around data losses and breaches, as well as allowing the relevant data protection regulators the authority to levy significantly increased fines for non-compliance with the provisions of the Regulation. There is not a statutory definition of a force majeure event, but these typically include provisions for issues such as the weather (flood, drought, earthquake or other natural disaster), terrorist attacks and war, governmental acts, and most fittingly for the current environment, pandemics and epidemics. In the Alitalia/Volare case, the Italian Competition Authority considered the codeshare agreement restrictive but the decision was reversed by the court (both first instance and second instance), and in the Alitalia/Minerva case, the Authority considered the codeshare agreement not to be restrictive. the planning framework operated by local authorities. As a practical matter, the principles of the Chicago Convention are implemented at the national level in the United Kingdom by the CAA. The Secretary of State has a general responsibility for organising, carrying out and encouraging measures for the development of civil aviation and the related aviation industry, for the promotion of its safety and efficiency, for research into questions relating to air navigation, and for the safeguarding of the health of persons on board aircraft. At the national level, codeshare cases were investigated by the Italian National Competition Authority (see the Alitalia/Volare case and the Alitalia/Meridiana case). 2.4 As a matter of local law, is there any concept of title annexation, whereby ownership or security interests in a single engine are at risk of automatic transfer or other prejudice when installed on-wing on an aircraft owned by another party? 160,000, where the UK turnover is over 120 million. This case reaffirms the CAAs decision to take enforcement actions against airlines in relation to passenger compensation. 3.4 What service requirements apply for the service of court proceedings, and do these differ for domestic airlines/parties and non-domestic airlines/parties? 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. The delay therefore occurred wholly outside the UK. 4.7 Are state subsidies available in respect of particular routes? With the implementation of the GDPR, the DPA 2018 and the PNR Directive (and the national variations), operators need to continue to review and monitor their mechanisms, processes and procedures in place to ensure compliance with new legislative requirements around the collection and provision of data and the secure handling, retention and use of it. Similarly, in May 2015, the EC accepted binding commitments offered by Air France/KLM, Alitalia and Delta all members of the SkyTeam airline alliance to address concerns over their transatlantic joint ventures with respect to capacity, schedules, pricing and revenue management and sharing of profit and losses, which have the object and effect of restricting competition on three routes, namely: (i) Amsterdam-New York; (ii) Rome-New York; and (iii) Paris-New York (COMP/39964 AF-KL/DL/AZ). An unpaid seller in possession of the aircraft may retain possession of the aircraft until payment is received (Sale of Goods Act 1979). Airport charges means: (a) charges levied on operators of aircraft in connection with the landing, parking or taking-off of aircraft at the airport (but excluding charges for air navigation services and certain penalties in connection with aircraft noise and vibration caused by aircraft); and (b) charges levied on aircraft passengers in connection with their arrival at, or departure from, the airport by air. The Air Accidents Investigations Branch (AAIB) is responsible for the investigation of civil aircraft accidents and serious incidents in the UK. The DPA 2018 creates several criminal offences, including (amongst others) unlawfully obtaining personal data, selling personal data obtained unlawfully, altering personal data to prevent disclosure to the data subject, failing to comply with an enforcement notice and making a false statement in response to an information notice. Users of airports are subject to airport charges, which are regulated by the CAA under the Civil Aviation Act 2012 and the Airport Charges Regulation 2011. However, it is possible, and will in many cases be advisable, to notify the CMA, since if a merger may result in a substantial lessening of competition in the UK market, failure to obtain prior clearance risks a reference to a more in-depth investigation and analysis by the CMA (known as a Phase 2 investigation), with the possible consequences described below, which may include a requirement that the purchaser divests. b) a ground handing company providing, as its primary function, any of the handling services listed in EU Directive 96/67/EC directly to an airport user for scheduled commercial flights at a commercial airport in England for a site or sites located in England. 3.3 Which courts are appropriate for aviation disputes? As regards the lessor of an aircraft registered with the CAA, theoretically it is permitted to take enforcement action to repossess the aircraft following a default by the lessee concerned on the relevant lease terms, without enforcing through the courts, i.e. In certain respects, the CAA acts for EASA in the UK. In February 2011, the EC also opened an investigation on the codeshare arrangement between Brussels Airlines and TAP Air Portugal, which is still ongoing. The CAA is the competent licensing authority in the UK in almost all matters relating to the granting of operating licences. Any dispute as to its implementation by the United Kingdom would be heard through the International Court of Justice. However, the EU played a significant role in many other aspects of aviation. For more information, please read our cookie policy. 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. In such a case, however, competition rules particularly prohibiting abuse of a dominant position (section 18 CA 1998 and/or Article 102 TFEU) will prohibit any discriminatory charges for access to airport infrastructure, or denial of access where this affects trade and is not objectively justified. This exception does not apply if the merger parties notified the acquisition by submitting a merger notice. 2.8 Does your jurisdiction make use of any taxation benefits which enhance aircraft trading and leasing (either in-bound or out-bound leasing), for example access to an extensive network of Double Tax Treaties or similar, or favourable tax treatment on the disposal of aircraft? They had until the end of September 2021 to apply for equivalent national UK trademark protection. The CMA has an administrative (non-binding) timetable, to which it usually adheres, to take a decision on a notified merger within 40 working days of receiving a complete notification. If so, what are the conditions to such title annexation and can owners and financiers of engines take pre-emptive steps to mitigate the risks? The definition of a serious irregularity includes exceeding the arbitrators powers, failure to comply with the general duties imposed on the arbitrator or failure to deal with all the issues. The EU is now pushing ahead with a new proposal being made by the EC on 22 September 2020 for the Single European Sky initiative. Some intellectual property disputes may be heard initially by the IPO. 4.16 Are there any ownership requirements pertaining to GDSs operating in your jurisdiction? 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.