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European Policy Focus Sixth Edition, April 2016 www.eraa.org 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 runs a comprehensive lobbying strategy in order to raise the profile of the association and influence legislation and policy. The strategy includes regular proactive contact with the following institutions and organisations: The European Parliament, MEPs and member states. The European Commission Competition Directorate European Commission Transport Directorate European Commission Climate Change Directorate European Aviation Safety Agency (EASA) The SESAR agencies Eurocontrol ECAC IATA The directorate has held a number of one-to- one meetings since the last report with: Marita Lintener, International Relations Manager, SESAR Deployment Manager Francis Richards, Liaison Officer Civil Airspace Users, SESAR Deployment Manager Florian Guillermet, Executive Director, SESAR Joint Undertaking Michael Gill, Director Aviation Environment at IATA Monique De Smet, Regional Director Europe at IATA Istvan Ujhelyi, Member of the European Parliament, Vice-Chair of the TRAN Committee Pekka Hietanen, Policy officer, Directorate- General for Mobility and Transport, European Commission (Unit E4 Internal market and Airports PSO routes) Michael Lunter, Senior policy advisor Sustainable Aviation, Dutch Ministry of Infrastructure and the Environment, Directorate-General for Mobility and Transport Donagh Cagney, Manager Economics, ACI- Europe Ismael Aznar Cano, Directorate-General for Climate Action, Unit B.3, International Carbon Market, Aviation and Maritime, European Commission Andrew Watt, Head of Unit - Support to SES-related Policies (DPS/POL), Directorate Pan-European Single Sky, EUROCONTROL Andrea Neuschlová, Transport Attaché, Permanent Representation of the Slovak Republick to the European Union Bart L.M. van Bolhuis, Director of International Affairs, Dutch Ministry of Infrastructure and the Environment Ludmilla Vodzinská, Director General, Ministry of Transport, Construction and Regional Development of the Slovak Republic, Section for European and Foreign Affairs Patrick Ky, Executive Director EASA Arvid Palmkvist, Political Advisor to Jens Nilsson, MEP (Member of the Transport and Tourism Committee) Fotis Karamitsos, Acting Deputy Director General, Director Logistics, Maritime & Land Transport and Passenger Rights, Directorate-General for Mobility and Transport, European Commission Jean-Louis Colson, Head of Passenger Rights Unit, Directorate-General for Mobility and Transport, European Commission
Transcript
Page 1: European Policy Focus...European Policy Focus Sixth Edition, April 2016 Park House, 127 Guildford Road, LIGHTWATER, Surrey GU18 5RA, UK Telephone: +44 (0)1276 856495 info@eraa.org

European Policy Focus

Sixth Edition, April 2016 www.eraa.org

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 runs a comprehensive lobbying strategy in order to raise the profile of the association and influence legislation and policy. The strategy includes regular proactive contact with the following institutions and organisations:

The European Parliament, MEPs and member states.

The European Commission Competition Directorate

European Commission Transport Directorate

European Commission Climate Change Directorate

European Aviation Safety Agency (EASA)

The SESAR agencies

Eurocontrol

ECAC

IATA The directorate has held a number of one-to-one meetings since the last report with:

Marita Lintener, International Relations Manager, SESAR Deployment Manager

Francis Richards, Liaison Officer Civil Airspace Users, SESAR Deployment Manager

Florian Guillermet, Executive Director, SESAR Joint Undertaking

Michael Gill, Director Aviation Environment at IATA

Monique De Smet, Regional Director

Europe at IATA

Istvan Ujhelyi, Member of the European Parliament, Vice-Chair of the TRAN Committee

Pekka Hietanen, Policy officer, Directorate-General for Mobility and Transport, European Commission (Unit E4 Internal market and Airports – PSO routes)

Michael Lunter, Senior policy advisor Sustainable Aviation, Dutch Ministry of Infrastructure and the Environment, Directorate-General for Mobility and Transport

Donagh Cagney, Manager Economics, ACI-Europe

Ismael Aznar Cano, Directorate-General for Climate Action, Unit B.3, International Carbon Market, Aviation and Maritime, European Commission

Andrew Watt, Head of Unit - Support to SES-related Policies (DPS/POL), Directorate Pan-European Single Sky, EUROCONTROL

Andrea Neuschlová, Transport Attaché, Permanent Representation of the Slovak Republick to the European Union

Bart L.M. van Bolhuis, Director of International Affairs, Dutch Ministry of Infrastructure and the Environment

Ludmilla Vodzinská, Director General, Ministry of Transport, Construction and Regional Development of the Slovak Republic, Section for European and Foreign Affairs

Patrick Ky, Executive Director EASA

Arvid Palmkvist, Political Advisor to Jens Nilsson, MEP (Member of the Transport and Tourism Committee)

Fotis Karamitsos, Acting Deputy Director General, Director Logistics, Maritime & Land Transport and Passenger Rights, Directorate-General for Mobility and Transport, European Commission

Jean-Louis Colson, Head of Passenger Rights Unit, Directorate-General for Mobility and Transport, European Commission

Page 2: European Policy Focus...European Policy Focus Sixth Edition, April 2016 Park House, 127 Guildford Road, LIGHTWATER, Surrey GU18 5RA, UK Telephone: +44 (0)1276 856495 info@eraa.org

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

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Silvia Forni, Policy Officer, Internal Market and Airports Unit, Directorate-Generale for Mobility and Transport, European Commission

Jacqueline Foster MEP ERA Group activities

Since the last report the following meetings have taken place or are planned:

Air Safety Group, 01/02 December 2015, Stansted, UK

Legal Network conference call, planned Q1 (2016)

ERA Insurance Services for members meeting, 26 Jan 2016

Air Safety Group meeting 15/16 March 2016, London Heathrow

Chief Financial Officers Group, planned Q2 2016

Operations Group, planned 19/20 April 2016, EASA Cologne

Industry Affairs, planned 21 June 2016, London

CFO Group activities on finance The European Investment Bank has recently held a meeting to listen to expert aviation financiers present the urgent need for regional airline investment in Europe and was attended by the President of the EIB and a number of members of the EIB Management Committee. The meeting was reported to have been a success and the intention of the Management Committee is to present the findings of this meeting to the EIB Board within the coming

weeks, this being the initial objective of the CFO Group. CFO Group activities on insurance A meeting was held on 26 January in London between members of the Directorate, ERA Board, three member airlines – Luxair, Adria and Blue Islands, and representatives from three insurance service providers – Marsh Aviation, THB Aviation and Artex Risk Solutions with the intention of discussing further the prospect of a collective insurance proposal for ERA Member airlines. Two of the companies are offering a traditional broker type service and Artex a Captive Plan. During the meeting the decision was made by the airlines to request desk quotes from the providers with a view to proceeding. This action is on-going. Inter-association activities

The ERA directorate continues to work closely with AEA, EBAA, ELFAA, IATA, IACA and has reached out to A4E. The following summarises the joint work with all or some of these associations since January 2016:

Production of a joint association position paper and detailed revision proposals regarding EASA‟s Legislative proposal on extending the Agency‟s Basic Regulation.

A joint letter to the EU Transport Ministers requesting them to solve the current deadlock between Spain and the UK that is holding up a number of aviation legislative proposals.

A joint position paper on the future of the EU ETS legislation and summarizing the industry‟s expectations from the ICAO discussions on a global market-based mechanism (GMBM).

Page 3: European Policy Focus...European Policy Focus Sixth Edition, April 2016 Park House, 127 Guildford Road, LIGHTWATER, Surrey GU18 5RA, UK Telephone: +44 (0)1276 856495 info@eraa.org

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

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A joint meeting with the European Commission (DG Move) to discuss the upcoming publication of interpretative guidelines on Air Passenger legislation (EU Regulation 261/2004).

A joint a presentation to the EC on a potential revision of the EU Airport Charges Directive.

European Commission Strategy for Aviation

Recent developments: In early 2015, the Commission launched a public consultation to gather stakeholders' views on the EU aviation sector and to identify challenges, opportunities and possible measures to improve the competitiveness of the EU aviation sector. The findings of this consultation, as well as the findings from those earlier consultation activities, fed into an Aviation Strategy (“An Aviation Strategy for Europe”) that was published on 7th December 2015 on the European Commission‟s (EC) website here. ERA co-signed a joint press release in response to the strategy which can be found here. ERA also undertook a more detailed initial analysis for the purpose of briefing the media which can be found here. In summary while the strategy talks very positively on the value of aviation, many of the actions proposed are short term, have no distinct timelines for achievement and do not provide a strong and clear action plan in order

to strengthen Europe‟s aviation industry. What we are planning ERA has produced a detailed position paper on the EC‟s Strategy. The document, together with ERA‟s own vision document (“The future of regional aviation”) will form the basis for ERA‟s position during its lobbying in 2016 and can be found here. ERA has also prepared a shorter version and an executive summary of the position paper that was finalised on 16 March and can be found here. This version is planned to be produced into a printed flyer type style. Both documents will be distributed to a wide and targeted audience of EU, national, international decision-makers and key aviation players and will form the basis for future discussions, meetings and lobbying initiatives aimed at delivering on the improvements to the strategy outlined in the ERA papers. Timescales The EC has started implementing some of its proposals for action (i.e. proposed legislation to amend EASA‟s Basic Regulation; Guidelines on Air Passenger Rights legislation & Guidelines on PSO legislation) with the remainder of the actions to follow in 2016. Industry affairs issues Air passenger rights

Current position On 13 March 2013 the European Commission published its proposal to revise EU 261/2004.

Page 4: European Policy Focus...European Policy Focus Sixth Edition, April 2016 Park House, 127 Guildford Road, LIGHTWATER, Surrey GU18 5RA, UK Telephone: +44 (0)1276 856495 info@eraa.org

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

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ERA‟s full position on air passenger rights can be found here which has been used as the basis of our lobbying to date. Recent developments On the existing rules on EU 261 and as part of the EU aviation strategy the European Commission announced its intention to publish interpretative guidelines on the existing EU 261 regulation. ERA attended two meetings with the European Commission (DGMOVE) and the other European airline associations (respectively in February and March 2016) to provide preliminary comments to the draft text of Guidelines. A formal consultation with consumer, passenger, travel agency and airline associations will be hosted by the European Commission on 5 April 2016. On the revision of EU 261 - the Dutch presidency of the EU (January-June 2016) is still reluctant to take any major initiative to broker an agreement to adopt the new regulation, due to the UK/Spain diplomatic dispute over Gibraltar, which continues to block progress. ERA co-signed a joint industry letter (found here) to call the EU Transport Council to include this topic as a priority on the agenda for the upcoming meeting on 7 June 2016. A summary of the major outstanding and open issues on the revision of EU 261 is included below: Thresholds for compensation Under the current Regulation, as interpreted by the European Court of Justice, a passenger has a right to compensation after a delay at arrival at the final destination of more than 3 hours (except for extraordinary circumstances). The Commission proposed to increase this threshold to 5 hours for most journeys, and to 9 or 12 hours for extra-EU journeys of respectively more than 3500 or 6000 km. The Presidency text introduces a difference in the time thresholds for cancellation and delays.

The most recent Latvian Presidency compromise text provides that a passenger who has been rerouted after a cancelled flight has the right to request compensation for arriving late at destination if the delay at arrival is more than 3 hours, regardless of the length of the journey. However, regarding delays, many Member States consider that different time thresholds corresponding to different journey lengths would be more appropriate and support the three thresholds of 5, 9 and 12 hours proposed by the Commission. Others prefer a flat 5 hour threshold regardless of distance. Another group of delegations support lowering the thresholds to 3, 5 and 7 (or 9) hours. As a compromise, and with a view to align the lowest threshold to the 3 hours required in case of cancellations, the Presidency compromise text introduces a fourth category, such that for journeys of less than 1500 km, the compensation is EUR 125 for delays of 3-5 hours, and EUR 250 for delays of over 5 hours. The 9 and 12 hour thresholds proposed for medium and long haul journeys remain unchanged. Compensation for connecting flights Under the current Regulation, as interpreted by the European Court of Justice, compensation is due when the passenger suffers a delay of more than 3 hours at the final destination, including the case where this delay is caused by a missed connection; the delay of the initial flight that caused the passenger to miss the connection is irrelevant, only the delay at the final destination is considered for the purpose of compensation. The Commission did not propose a direct change to this measure; however, the Commission proposal aims to clarify the issue indirectly, while softening the impact on the airlines by increasing the threshold at the final destination from 3 hours to 5/9/12 hours. The Presidency compromise provides a partial exemption to airlines from paying

Page 5: European Policy Focus...European Policy Focus Sixth Edition, April 2016 Park House, 127 Guildford Road, LIGHTWATER, Surrey GU18 5RA, UK Telephone: +44 (0)1276 856495 info@eraa.org

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

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compensation, if the connecting time was relatively short (90 minutes in the current text), and the passenger who purchased the connecting ticket was aware that a short delay of the feeder flight could result in missing the connection. If, however, the originally planned transfer time was more than 90 minutes, the passenger shall receive compensation if his connecting flight is missed due to a delay of the feeder flight. However, this compromise proposal cannot be accepted by a number of States which maintain their concerns on the effect of any explicit provision on compensations for connecting flights to regional connectivity and existing arrangements between airlines. These delegations consider that any proposals for compensations for missed connecting flights would be counter-productive and that the focus should be instead on ensuring adequate care and assistance to passengers and on encouraging airline behaviour which would ultimately assist the passenger in getting to their final destination. They argue that focusing on compensations may result in adverse airline behaviour (increased fares, longer transfer times) which would not be in passengers' interest, especially as regards passengers who depend on regional connectivity. They propose the complete deletion of compensation for connecting flights, and consider that such amounts should be paid on the basis of each individual leg of the flight and of the corresponding delay suffered. Safety and EU261 ERA has presented an independent paper to the Executive Director of EASA, drafted by a member expert safety training company and an aviation legal expert, making the case that the „extraordinary circumstances‟ for technical rectification of safety critical defects in current consumer legislation is in direct contradiction to existing safety legislation required to maintain continued airworthiness. EASA has responded stating that they do not believe enough „evidence‟ of conflicts are

appearing in operators SMS systems and reports, however the directorate will be discussing this further with the authors of the report and EASA/ Industry „high level‟ consultation group before deciding on the next steps. 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 Parliament position, the EU member states (Council) must then agree their own position before the final law is adopted. Timescales Negotiations between the European Parliament and the Council may resume in summer 2016. A new EU 261 is not expected until 2017 at the earliest. EU PNR Directive

Current Position: In February 2011 the European Commission published a legislative proposal for an EU PNR Directive as part of the wider agenda to better protect European citizens against security threats, such as terrorism or serious crime. A copy of the proposal can be found here. Recent developments: The November 2015 terrorist attacks in Paris had a dramatic impact on the EU agenda which resulted in acceleration to the

Page 6: European Policy Focus...European Policy Focus Sixth Edition, April 2016 Park House, 127 Guildford Road, LIGHTWATER, Surrey GU18 5RA, UK Telephone: +44 (0)1276 856495 info@eraa.org

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

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negotiations between the European Parliament and the Council on the adoption of a new Directive on PNR data. The provisional compromise, reached on 4th December 2015, was supposed to be voted by the European Parliament early in 2016. However, despite the compromise, on 7 March 2016 the European Parliament refused to include the vote on the draft directive on the agenda of the plenary session. This move was a direct consequence of the criticisms raised by the Socialist and Green Groups to the alleged weakening of privacy protection that the proposal may imply. Some of the key contents of the compromise text include:

Flights included in the scope: The agreed directive will impose member States to request (and airlines to transmit) EU PNR data of passengers on "extra-EU flights" (i.e. from a third country to an EU member state or vice-versa). However it will only allow, but not oblige, states to apply its provisions also to "intra-EU flights" (i.e. from an EU member state to one or more of the other), which seems a relatively more acceptable solution to ERA. In case a member state intends to extend the scope of the directive to intra-EU flights, it shall give notice in writing to the Commission to that end.

Non-carrier economic operators: such as travel agencies and tour operators which provide travel-related services including booking flights, for which they collect and process PNR data, are not included in the directive‟s scope. However the new legislation allows member states to provide, under their domestic law, for a system of collection and processing of PNR data from these operators. The compromise is reasonably in line with ERA‟s position.

Compliance with international standards: As requested by ERA and the industry, the

new Directive confirms that ICAO guidelines should be the basis for adopting data formats and transfer protocols. Articles 13 and 14 clarify that the list of accepted common protocols and supported data formats will be drawn up by the Commission through an implementation act. This implies that member states will not be free to unilaterally develop their own protocols and formats as they will have to follow those defined at the EU level. This will hopefully contribute to harmonization of the requirements across Europe.

Obligations on Air Carriers on transfer of data: When API data is collected (and only then), they shall also be transmitted by the airlines as part of the PNR message. Airlines should be required to transmit only PNR data that is already collected in the normal course of their business.

Sanctions: reference to the possibility of suspending operating licenses or seizing aircraft due to non-compliance has been removed.

Costs: States should bear the costs of use, retention and exchange of PNR data, which is positive news to ERA members and in line with our lobbying position.

Review clause:

At European Parliament‟s request, the agreed text requires the Commission to carry out a review of the EU PNR directive two years after its transposition into national laws. It must pay special attention to compliance with personal data protection standards, the necessity and proportionality of collecting and processing PNR data for each of the stated purposes, the length of the data retention period, and also "the effectiveness of the sharing of data between the member states". The necessity of introducing non-carrier economic operators within the scope of the directive should also be looked at during the review process, says the agreed text.

Page 7: European Policy Focus...European Policy Focus Sixth Edition, April 2016 Park House, 127 Guildford Road, LIGHTWATER, Surrey GU18 5RA, UK Telephone: +44 (0)1276 856495 info@eraa.org

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

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What we are planning ERA is working closely with IATA and the other airline associations in its lobbying initiatives aimed at redressing some of the potentially detrimental provisos of the draft Directive. Timescales The draft text of directive will have to be voted by the European Parliament (in plenary session) then formally approved by the EU Council of Ministers. Conclusion of the process is expected in late 2016. Environmental issues

EU Emissions Trading Scheme Developments (EU ETS) Current position On 30 April 2014 the EU Emissions Trading System (ETS) regulation was published and is now fully in force in Europe. In light of international pressure and ahead of a global scheme via ICAO, the regulation was amended in geographic scope effectively creating an intra-EEA scheme (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 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 the end of 2016 that should supersede the European scheme. On 12 January ERA attended an

ECAC/European Commission coordination meeting with industry stakeholders and NGOs to discuss the contents of a recent compromise text proposed by the ICAO President on a global MBM. ERA urged the Commission to share its views regarding the future of the EU ETS, taking into consideration the ICAO President‟s draft text, and to disclose the EU conditions below which an ICAO global MBM scheme is deemed unsatisfactory, triggering the return to the original scope of EU ETS (i.e. intra-EU and international flights). A month later, the Council for Environmentally Friendly Aviation (CEFA), chaired by ERA, raised similar concerns to the representative of the European Commission. What we are planning Through the Council for Environmentally Friendly Aviation (CEFA), ERA is following the developments at ICAO and UN level and is working closely with IATA. An industry position has been agreed whereby we support an international scheme only if it progressively replaces the current EU ETS. Timescales Agreement at ICAO level is not expected until October 2016, at the earliest, followed by the EU‟s adoption of new legislation amending the current ETS regime by December. Italian Municipal Tax increase Current position In a sudden move and without prior consultation with the industry, the Italian Government has adopted legislation to increase the so-called “Municipal Tax” levied on air passengers for flights taking place after 1st January 2016 (only for tickets sold after 17 December 2015). The 33-38% increase in the tax amounts to an extra EUR 2.50, meaning that passengers now have to pay EUR 10 each time they fly from airports near Rome (Rome Fiumicino and Rome Ciampino), and EUR 9 for flights from other Italian airports. Recent developments On 19 February the Lazio Administrative Court (TAR Lazio) accepted a request submitted by

Page 8: European Policy Focus...European Policy Focus Sixth Edition, April 2016 Park House, 127 Guildford Road, LIGHTWATER, Surrey GU18 5RA, UK Telephone: +44 (0)1276 856495 info@eraa.org

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

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two Carriers calling for a suspension of the application of the Municipal Tax increase for the period 1 January-20 February 2016. IBAR recommended carriers to urge their Revenue Accounting Departments to produce monthly reports showing the number of passengers departing Italian airports since 1 January 2016 and tickets issued before 17 December 2015.

ERA continues to work with IATA and IBAR to maintain the pressure on the Italian Government to scrap the increase in the Council Tax amount and to assess the administrative consequences of the recent Court decision on the February 2016 invoices. What we are planning The directorate continues to proactively lobby against the adoption of any further distortive and punitive tax increase on aviation and will provide its contribution to Assaereo, IBAR, and IATA. Timescales No significant deadlines are expected. Norwegian tax on aircraft noise

Recent developments The Norwegian Government announced that an “air transport tax” equivalent to NOK 80 per departing passenger on both domestic and international flights will be adopted and effective as of 1 June 2016. According to the initial information received, the tax will be subject to Norwegian VAT for domestic flights.

No industry consultation was undertaken by the Government before the announcement of this new tax. However as part of its implementation of the tax, the Norwegian Government launched a formal consultation process urging interested parties to submit comments. The consultation can be found here. ERA shared a copy of a template letter with members, drafted by IATA, to assist interested airlines operating to and from Norway in opposing the tax to responding to the consultation.

What we are planning ERA continues to work with IATA and the other European airline associations to maintain pressure on the Norwegian Government to reconsider or repeal the tax. Timescales No significant deadlines are expected. Technical issues

SESAR deployment planning 2014-2020 for regional operators Current position The SESAR Deployment Manager (SDM), the body tasked with ensuring a smooth and coordinated deployment of SESAR technology, has spent the past months preparing for the presentation of the first phase of the SESAR Deployment Programme to the European Commission. Recent developments The SDM has created a Stakeholder Consultation Platform comprised of separate groups for each category of stakeholder. ERA has been nominated to the Airspace User group and has actively participated in the

Page 9: European Policy Focus...European Policy Focus Sixth Edition, April 2016 Park House, 127 Guildford Road, LIGHTWATER, Surrey GU18 5RA, UK Telephone: +44 (0)1276 856495 info@eraa.org

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

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consultation process from the start of the process in April 2015. What we are planning Continued engagement with the SDM at all levels, particularly with our role in the SDM consultation framework through our membership of the eleven-strong Airspace User Consultation Platform. ERA will thoroughly evaluate potential projects for co-funding in preparation of the 2016 INEA Call for CEF initiatives, however the Directorate would like the Board to recognise that funding can only be applied for by operational stakeholders and that although we shall continue to promote the SESAR Deployment Manager‟s request for expressions of interest and later, bids, it is for the airline and airport members themselves to make the application. The directorate will continue to participate in our role on the Deployment Manager Consultation Platform throughout 2016, and will appraise members of the most suitable and realistic co-funding opportunities available following the 2015 call. 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. Recent developments This has resulted in a draft legislative proposal, which will be considered for adoption by Q2 2016. ERA, together with the other associations, has developed specific amendments for consideration by the Commission and Transport Committee which can be found in the „download‟ section here. Timescales The review of EASA‟s basic regulation is

expected to be completed before the end of 2016. IATA Operational Safety Audit (IOSA) Current position Following a request from a number of ERA members in early 2015 regarding IOSA, Simon McNamara held informal talks with the DG IATA. This was followed up at the airline and airport CEO‟s meeting at the April 2015 Regional Airline Conference, discussions centred on the advantages and disadvantages of members undertaking IATA IOSA audits. Recent developments Concerns were raised by CEO‟s from several ERA Members, including coordination and duplication with EASA standards, the demand on resources to prepare and execute the audit, the impact and mechanics of the new e-IOSA requirements and the cost of IOSA compliance. Following a meeting with IATA-Europe on 17 November 2015 ERA was invited to attend the next IOSA Oversight Council (IOC) meeting on 22-23 March 2016 to present our concerns. In return ERA has invited the IATA Regional Director Safety and Flight Operations to attend the ERA CEO‟s meeting at the Regional Airline Conference in Prague on 6 April 2016. What we have done The directorate has written to IATA‟s Director of Safety asking for a formal role by ERA in the governance and development of IOSA and has had informal meetings and discussion with various IATA staff. We have now been invited to formally input to the IOSA review committee. What we are planning ERA will be sending a representative to the next IOSA Oversight Council meeting in March 2016 and the IATA Regional Director Safety and Flight Operations will attend the ERA CEO‟s meeting at the Regional Airline Conference in Prague on 6 April 2016.

Page 10: European Policy Focus...European Policy Focus Sixth Edition, April 2016 Park House, 127 Guildford Road, LIGHTWATER, Surrey GU18 5RA, UK Telephone: +44 (0)1276 856495 info@eraa.org

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

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Security developments

Current position EASA implementing legislation is seeking to extend the Agency‟s existing remit to encompass some security aspects. These will include responsibilities for future security design aspects of aircraft systems, joint security /safety inspections of community carriers and cyber security. EASA has deep concerns that aircraft systems are vulnerable via maintenance software programmes and quick access recorders. They have also urged the reporting of any suspected cyber-attacks on aviation and will be constructing a database of events. As part of continued airworthiness requirements it is likely they will take regulatory action to ensure operators have published contingency plans to mitigate and deal with the results of cyber-attacks. All EU states are undertaking risk assessments on critical infrastructures to assess and mitigate future cyber attacks; these may include ATM systems, airports and airlines and will have a direct impact on aircraft operations. Recent developments Aviation security is likely to remain a high priority focus in 2016 due to recent incidents and attacks. „Lone wolf‟ attacks by small groups of individuals on „soft‟ targets are considered a major threat as has been

demonstrated in Paris and Brussels. Additional evaluation of „landside‟ security at airports is currently being undertaken and more random security checks of airport and airline employees to counter the „insider threat‟. Introducing more „unpredictability‟ in random checks is thought to be an important deterrent What we have done The Directorate has worked with the other airspace user organisations to respond to an EU consultation on the provision of threat information to carriers following a specific threat to aviation and has been invited to provide focal contact points to ECAC for better communication in threat management. ERA has also recommended the establishment of a working group in order provide guidance to operators overflying or with a destination in a conflict zone. ICAO has included guidance material on their website for member states and EASA has issued Safety Information Bulletins regarding state AIC‟s that were issued after the Metrojet incident. The directorate remains actively involved in aviation security matters with the EU‟s Stakeholder Advisory Group on Aviation Security (SAGAS), British Airline Pilots Association Security Group and ECAC‟s standing security working group and has been invited to participate at both the ECAC Guidance Material Task Force and ICAO/Europe security working groups in 2016. Air safety issues

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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

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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 2016 and will additionally hold a joint safety event with Eurocontrol and the Flight Safety Foundation in June 2016 and is also supporting a cabin safety event in June details can be found here. Recent developments In Europe the European Commission and EASA are progressing a review of Regulation 965/2012 regarding changes to requirements in flight data recording and flight tracking. Following the Germanwings crash an EASA Task Force delivered six recommendations within a report published in July 2015 which can be found here. What we have done The Directorate attended the EASA Aircrew Medical Workshop on 7-8 December in Cologne where the recommendations of the Germanwings Task Force were discussed and EASA‟s proposed response to each recommendation was presented. The proposed introduction of drug and alcohol testing for aircrew, psychological screening of aircrew candidates and active pilots, and the creation of a European medical data repository would mark a significant change for aircrew medical licensing standards and we shall be following developments and lobbying the Agency in close consultation with Members. ERA has existing STARS on the following items which provide advice to members and are free to access:

Minimum Safe Turn Around Times

Guidelines for Pilots following an Incident or Accident

Weather Radar

Cross Wind Landing Limits and Techniques

Flight Safety Officer Training

Regional Guide for ATCO‟s

Overruns on Landing

Just Culture

Winter Operations - Tailplane and Engine Fan Blade Icing

Flight Data Monitoring

Unstabilised Approaches

The Effects of Laser Attacks on Aircraft

Lightning Strikes

Flights with unreliable airspeeds

Collision avoidance with VFR traffic in E class airspace

Wet runway – hydroplaning

Lithium-ion Batteries

Health & Safety guidance for the removal of bird strike remains

Dealing with an inflight fire

Safety Manager competencies and training

Cyber security (publication planned for April 2016)

Since the last report, the directorate has attended a number of safety related meetings including:

A visit to the EASA offices in Cologne for meetings with both the Safety and Maintenance regulation representatives

A the Eurocontrol Just Culture Task Force (JCTF)

A meeting of the CAA Ground Handling Operations Safety Team (GHOST)

A presentation at the inaugural ATR Regional Flight Safety Conference

What we are planning The most recent meeting of the ASG took place on 15-16 March 2016. Items on the agenda included Cabin Safety, Mental Health Monitoring for Flight Crew, Flight Time Limitations, Ground Safety, Winter Ops and various safety hazards such as RPAS and lasers. The Safety group will also be publishing guidance material on the implementation on SMS for members. The directorate will continue to evaluate the EASA European aviation safety plan 2014-2017 in order to produce a „roadmap‟ for ERA

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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

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members of key issues and work areas that may affect their operation and focus on the top 5 safety areas presented to the January meeting by the Chairman of ERA‟s safety Group. ERA will continue to monitor and promulgate any revisions to aircraft tracking or data recording requirements as well as any proposals for regulatory action following the Germanwings accident. Air and ground datalink equipage Current position A previously reported to the board, Datalink Services (DLS) Implementing Rule Regulation (EC) No.29/2009 was amended on 26 Feb 2015, the most significant changes to the previous version being that the dates for DLS implementation have been delayed until 2018 and 2020 for ground and airborne equipage respectively. Recent developments EASA revealed at the Joint User Requirement Group Meeting held on 1 February that the anticipated EASA/ELSA report detailing the findings of their working group to determine a technical solution to the ongoing DLS issues has now been postponed until most likely later in 2016 than expected. Without an additional delay to implementation, ERA remains concerned that insufficient time will be available to meet the implementation dates prescribed in Regulation (EC) 29/2009. ERA, in association with the other members of the Airspace User Consultation Platform have asked the SESAR DM to appoint a DLS implementation project manager to adopt a more proactive role in driving a Datalink solution. EASA advisory board developments The EASA Executive Director is looking to change how the Agency will interact and receive guidance from industry. The proposal is to merge many of the existing groups; however ERA and the other airspace

associations have voiced their concerns that the new process will not be independent or transparent. ERA Board and members will be kept advised of any changes to the formal consultation process - the aim is to keep a clear role for ERA in steering the work of EASA.


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