Noneconomic Issues

The EU institutions have also assumed respon­sibility for certain noneconomic issues that have direct bearing on air transport. Included in these issues are:

• Air traffic control

• Noise

• Carrier liability

• Accident investigation

Air Traffic Control

In 1961, the European Economic Community (EEC) was composed of just the original six members. Air traffic control after World War II had been the responsibility of each of their indi­vidual national governments. One of the first attempts at consolidation by the EEC was the coordination of air traffic within their severely restricted airspace. Beginning that year, the EEC created the agency known as Eurocontrol, which took charge of air traffic control over the greater part of Europe.

In 1999, almost 40 years after establishment of the EEC, the European Commission recom­mended changes to Eurocontrol that would bring about a more unified and efficient air traffic con­trol system. By 1999, the organization had grown to 15 Member States, and the EEC had become the substantial sovereign entity known as the Euro­pean Union. One of the recommended changes to the operation of Eurocontrol was the creation of the concept known as “Single European Sky.”

Later in this chapter we will review the his­torical evolution of Eurocontrol, the transition of air traffic control under the Single European Sky concept, and the proposed development of a satellite-based air traffic control system.

Noise Limitations

Reduction of noise levels on and around air­ports worldwide has received much attention. Excellent progress has been made in this area as decibel levels of operating aircraft have progres­sively been reduced and as land use management and other methods of noise reduction have been adopted. Europe’s urban concentrations have made airport noise limitation a critical issue, and the EU has been aggressive in this area. Some EU practices, however, have caused con­sternation to foreign carriers and their govern­ments. It is alleged, for instance, that the EU noise restrictions adopted by the Council have been applied in order to manage and restrict mar­ket access to foreign aircraft manufacturers, nota­bly in the United States (Boeing). The argument is made that such restrictions are actually a form of “protectionism” for Airbus Industrie. These arguments note that EU noise limitations are sig­nificantly more limiting than ICAO standards.

Air Carrier Liability

Until recently, air carrier liability was governed by the terms of the Warsaw Convention of 1929, as modified by subsequent protocols and volun­tary carrier agreements. A complete overhaul of the system was completed in 1999 (the Montreal Convention of 1999), and it entered into force as of November 4, 2003, among ratifying nations.4 In 1997, the European Council adopted regula­tions that defined carrier liability of EU operators, increasing their potential liability (100,000 SDRs). These regulations are mandatory for EU-based operators but non-EU operators may exempt themselves from their operation through tariff clauses if notice to passengers is properly given.

Accident Investigation

In 1994, the Council adopted regulations designed to harmonize accident investigations within the EU, and outside the EU in some circumstances, by providing guidelines and requirements to be observed by Member States. National govern­ments have had responsibility under the Chicago Convention for coordinating investigations of air crashes and incidents for 50 years. The action by the Council standardizes the procedures and requires reports to be filed with the Commission.