Part V Air Transport, 15 Liberalization and Regulation
Carlos Mestre Zamarreño
Edited By: Luis Ortiz Blanco, Ben Van Houtte
- Environmental protection — European Union — Licensing — Airline alliances and mergers — Airport infrastructure
Under Article 100 of the Treaty on the Functioning of the European Union (TFEU), and its predecessor Article 80 of the Treaty establishing the European Community, sea and air transport are ‘de jure’ excluded from the provisions of the chapter on Transport of the EU Treaties. This chapter provides an overview of the development of an EU regulatory framework for the aviation sector since the late 1980s, dealing with market access and pricing. The rules were recast in 2008 in an air services regulation, which is analysed in detail, addressing licensing of EU air carriers, provision of intra-EU air services, insurance requirements, operational flexibility (code-sharing and leasing), public service obligations, traffic distribution, environmental and emergency measures, and pricing. The chapter also describes the specific regulation governing computerized reservation services, and sets out the principles of the framework dealing with international aviation relations, safety, and security.