Safety and security: The influence of 9/11 to the EU framework for air carriers and aircraft operators

Safety and security have always been two key objectives behind policies and innovation within the air transport industry, at international, European and individual government levels. The management of risk is important in aviation and has always been a challenge to the industry. The events of 9/11 revealed that new policy measures and initiatives were needed, both to deal with the short-term market effects and also for the long-term development inline with the European Union Treaty. A key objective behind the establishment of the European Union has always been the objective to create an internal market, where barriers are removed and existing rules simplified, yet the air transport industry in Europe lacked the mechanisms to protect it from exposure to the events and effects of 9/11. This paper provides a unique view and understanding of the EU framework concerning safety and security in the aftermath of the terrorist attack. The paper considers commercial air operations and the insurance requirements for air carriers and aircraft operators, focusing on the development of the respective aviation liability and compensation framework. It analyses the insurance requirements for air carriers operating in the EU, as a result of Regulation 785/2004. An outline of the International dimension is also undertaken so as to contextualise the position of the European Union and the aspect of EU competence. The research is based upon a mixed method/interdisciplinary approach, predominately with the focus on a legal qualitative review.