The plane crash in the French Alps this year was one of the worst accidents in Europe. It sent shockwaves through the aviation industry and turned the spotlight on the safety of airlines transporting passengers around Europe.
The current EU framework on air safety encompasses a large number of rules, ranging from medical and fitness checks on pilots to blacklisting of air carriers. These broad regulations aim to achieve a high level of safety for passengers, while providing a uniform level of requirements for operators, thus facilitating the free movement of products, persons and services across the EU. European safety regulations govern all airlines operating in the European skies, including low cost airlines.
The aircrew while airborne is governed by mandatory procedures. The EU rules stipulate that pilots must remain at the aircraft controls during the critical phases of the flight, and only at other times during the flight can they take a short break. There is no requirement, however, for a member of the cabin crew to enter the cockpit if a pilot takes a break.
Following the Germanwings tragedy, the European Air Safety Agency (EASA) issued a temporary recommendation to maintain two persons in the cockpit at all times. A European task force, led by the EASA, proposed to the European Commission to retain this recommendation permanently.
Pilots must undergo medical tests, both physical as well as psychological, by a specialist in aviation medicine, according to medical rules that are binding upon member states. These tests must be repeated at regular intervals. The European task force suggested that all pilots should undergo psychological evaluation as part of their training or before entering service. It also makes airlines responsible for checking that these tests are carried out successfully by aero-medical examiners that are themselves subjected to some robust performance programmes.
Aircrafts are likewise subjected to strict certification procedures. As part of its pro-active action to reduce safety risks, the European Commission established a blacklist of air carriers.
This list includes air carriers that are either unable to meet aviation safety standards or whose civil aviation authorities are unable to provide the necessary safety oversight. Not only airlines, however, may be blacklisted. An entire country may be banned; Angola, Haiti, Lebanon and Uruguay are a few examples.
Airlines are either subjected to an operating ban or only allowed to operate to or within the EU under very strict conditions. This list is regularly updated in order to impose operating bans on new air carriers or to clear airlines once they have been certified to meet EU safety standards.
Listing can adversely affect an airline’s public perception and its economic viability. Commercial relationships with other airlines and with other countries may also be banned.
The regulation on the establishment of the EU Air Safety List imposes the air carriage contractors, national civil aviation authorities, the EASA and airports in the member states’ territories to bring the EU list to the passengers’ attention, on their websites and in their premises. The EU Air Safety List notifies passengers at point sale or when making a reservation that an airline is blacklisted.
Air carriers in the EU are liable in the case of accidents. No financial limit for compensation is set in the event of death or injury if the accident occurred on board an aircraft or during any of the embarking or disembarking operations. The carrier can be discharged from his liability only by proving that the damages were caused by the negligence of the claimant. The air carrier is also required to advance part of the due compensation to the victim not later than 15 days after the identification of the victim.
Aviation safety and security depends also on the passengers. When travelling by plane, EU security prohibits and restricts the transportation of certain items, such as restrictions on the volume of liquids that can be carried in hand luggages and other items that are of obvious danger for flight security.
As part of the EU legal framework, every passenger and every piece of luggage departing from an EU airport must be screened or otherwise controlled in order to ensure that no prohibited articles are brought on board the aircraft.
Statistically, air travel remains one of the safest modes of long-range transportation.
jgrech@demarcoassociates.com
Josette Grech is legal adviser on EU Law at Guido de Marco & Associates.