Standards

LAST MINUTE! 

Liability limits modification of the Montreal Convention 1999. With effect from 30 December 2009 entered into force for all States Parties to the Montreal Convention the new boundaries of responsibility for air transport, which have been modified as follows:

 The latest legislative news in national, Community and international aeronautics:

• Flight personnel. A Resolution of the Directorate-General of Civil Aviation of 8 January 2003 (Official State Gazette No. 15 of 17 January) related to JAR-FCL.
• Civil Pilots. Royal Decree No. 220/2001 of 2 March (Official State Gazette No. 54 of 3 March) approved the Bylaws of College of Commercial Aviation Pilots.
• Spanish Air Navigation Act. Law 53 of 30 December 2002 (Official State Gazette No. 313 of 31 December) modified the article 43 of the Spanish Air Navigation Law 48 of 21 July 1960.
• Likewise third paragraph of article 166 of the Law 13 of 1996, related to works to be carry out by AENA within the general airport organisation, has been modified.
• Airport duties. In Law 53 of 30 December 2002 (Official State Gazette No. 313, of 31 December) the airport proximity and safety rates has increased by 4 percent. The rating of the spanish airport has also modified in order to execute the landing fee.
• Eurocontrol Fares. Order of the Ministry for Development 3316 of 20 December 2002 (Official State Gazette No. 313 of 31 December) has modified Annex No. 1 of the Decree 1675 of 26 June 1972 of fares related to air navigation aids and modified the default interest rate for payment of that fares.
• New Airport in Ciudad Real. Order of the Ministry for Development 3237/2002, of 18 December, (Official State Gazette No. 303, of 19 December) autorized the building of a new private airport in Ciudad Real.

• Forbidden and restricted areas to flight. An Order 2917 of the Prime Minister´s Office, of 18 November 2002 (Official State Gazette No. 278 of 20 November) partially modified the Order of the Ministry of Relations with Spanish parliament of 18 January 1993 regulating forbidden and restricted areas to flight.
• Operation of aircraft. A Resolution of the Directorate-General of Civil Aviation of 31 October 2002 (Official State Gazette No. 283 of 26 November) modified the operation conditions of aircraft equipped with VHFcommunications, VOR receivers and ILS locator not immune to FM radio station.
• Aeronautical Qualifications. A Resolution of the Directorate-General of Civil Aviation of 12 September 2002 (Official State Gazette No. 232 of 27 September) defines the criteria accrediting the theoretical know-how for qualifications and licences for professional helicopter pilots, in application of points 2.8.1.2. and 2.9.1.2. of the Order of 14 July 1995, and in accordance with Article 4 of Royal Decree No. 270/2000 of 25 February.
• Flight Simulators. In an Order of the Ministry for Development 2233 of 4 September 2002 (Official State Gazette No. 220 of 13 September), Spain adopted the “Joint Aviation Requirements - Synthetic Training Devices”) JAR-STD, such as flight simulators (FS), flight training devices (FTD) and the flight and navigation procedures trainers (FNPT).
• Operational Air Traffic. An Order of the Ministry of the Prime Minister’s Office, of 26 August 2002 (Official State Gazette No. 29 of 31 August) partially modified the Operational Air Traffic Regulations passed in Royal Decree No. 1489/1994 of 1 July (published in Official State Gazette No. 191 on 11 August). These Regulations are designed to control the specific requirements on military air transit in those areas where military aircraft are unable, because of the missions assigned to them, to follow the Air Traffic Regulations generally applied to civil aviation; the Regulations have, on the other hand, been largely replaced, in terms of application to commercial air transport, by the Joint Aviation Requirements for commercial air transport operations, the so-called JAR-OPS 1 rules, agreed to by the Joint Aeronautical Authorities, a body linked to the European Civil Aviation Conference.
• Aerial and agro-forestry work. A resolution of the Directorate-General of Civil Aviation of 14 August 2002 (Official State Gazette No. 197 of 17 August) partially modified the Resolution of 5 July 2002 establishing specific operational procedures for aerial and agro-forestry work.
• EC Regulation Nº 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency. (DO nº L 240, of 7 September).
• Air carrier liability. EC Regulation No. 889/2002 of the European Parliament and that of the Council of 13 May 2002 (DO No. L 40 of 30 May) modified EC Council Regulation No. 2027/97 of 9 October 1997. This change is intended to adjust the previous regulations on Airline liability in case of accident to the recent 1999 Montreal Convention, extending that regulation in addition to passenger loss in case of accident to the delay caused to them and to their luggage. It should be pointed out that this new Regulation will not apply until the 1999 Montreal Convention comes into effect for the European Union, even though Article 2 states that it came into force on the date of publication in the European Community Official Journal.
• General Air Traffic. Royal Decree No. 57/2002, of 18 January (Official State Gazette No. 17 of 19 January) passed the new Air Traffic Regulation. This new Regulation and, in particular Books II, VI and VII and Appendices C, E, O and Y, applies on a subsidiary basis to the JAR-OPS1 rules passed in Royal Decree No. 220/2001 of 2 March.
• JAR 21 aircraft certification. In Royal Decree No. 660/2001 of 22 June (Official State Gazette No. 165 of 11 July), Spain adopted the JAR 21 Rules on procedures for the certification of civil aircraft and their products and parts.
• JAR-OPS civil aircraft operation. Royal Decree No. 220/2001 of 2 March (Gazette No. 54 of 3 March) adopted and incorporated into the Spanish legal provisions the joint requirements for commercial air transport operations known as the JAR-OPS1 Rules, which have been in force in Spain since 3 September 2001.
• JAR-FCL flight-crew licences. In the Order of 21 March 2000 (Official State Gazette No. 87 of 11 April), Spain adopted and incorporated into its legal provisions the JAR-FCL1 rules regulating the joint aviation requirements for flight-crew licences and, in particular, matters of qualifications, licences, clearances and authorisations.
• Flight personnel medical requirements. Also in the Order of 21 March 2000 (Gazette No. 87 of 11 April), Spain adopted the JAR-FCL requirements regulating the procedures for issue and the content of class 1 and 2 medical certificates in relation to flight-crew licences.
• International Air Transport. The Montreal Convention. The States making up the International Conference on Aeronautical Law of the International Civil Aviation Organisation (ICAO) held in Montreal from 10 - 28 May 1999 approved the new Convention for the Unification of certain rules for international air transport, in substitution for the 1929 Warsaw Convention. This new Montreal Convention has not yet come into force, as it is pending ratification or the adhesion of the number of States required under Article 53 of the Convention itself.