LIABILITY AND INSURANCE ISSUES IN AVIATION

Transcription

1 A perspective on the current status of modernization Prof. Ludwig Weber New Delhi, April 2008

2 MONTREAL CONVENTION STATUS OF RATIFICATION - STATUS OF IMPLEMENTATION GLOBALTIME INITIATIVE ROME CONVENTION MODERNIZATION - STATUS OF WORK - COMMENTS

3 MONTREAL CONVENTION STATUS OF RATIFICATION: - As of 31/03/08, 86 States Parties - 10 Asian States: Bangladesh, Cambodia, China, Japan, Malaysia, Maldives, Mongolia, Pakistan, Rep. of Korea and Singapore have ratified - Convention applies to Hong Kong SAR and Macau SAR - 4 States of Asia-Pacific (incl. New Zealand) ratified - In addition, one REIO (the European Community) has ratified (27 States)

4 MONTREAL CONVENTION STATUS OF IMPLEMENTATION: - MANY STATES PARTIES HAVE PASSED IMPLEMENTING LEGISLATION - IN THE EU, REGULATION (EC) 889/2002 WAS PASSED, ON THE BASIS OF Decision 2001/539/EC; REGULATION (EC) 889/2002 RENDERS MONTREAL 99 APPLICABLE TO: - ALL INTERNATIONAL AND DOMESTIC ROUTES IN THE EU

5 MONTREAL CONVENTION IMPLEMENTATION: - EU REGULATION (EC) 785/2004 ON INSURANCE REQUIREMENTS FOR AIR CARRIERS WAS PASSED IN REGULATION (EC) 785/2004 DEFINES MINIMUM INSURANCE REQUIREMENTS FOR AIR CARRIERS: - 250,000 SDR PER PASSENGER - 1,000 SDR PER PASS. FOR BAGGAGE - 17 SDR PER KG FOR CARGO

6 MONTREAL CONVENTION IMPLEMENTATION: MINIMUM INSURANCE REQUIREMENTS FOR AIR CARRIERS APPLY: - TO ALL COMMUNITY CARRIERS (INTERNATIONAL AND DOMESTIC) - NON-COMMUNITY CARRIERS SERVING THE EU MUST INFORM THEIR PASSENGERS IF THEIR COVERAGE DOES NOT MEET REG. 784/2004 REQUIREMENTS

7 MONTREAL CONVENTION IMPLEMENTATION: - UNITED STATES: US CODE OF FED. REGULATIONS, Sec ,000 USD PER PASS MILL. PER AIRCRAFT PER OCCURR. - CANADA: AIR TRANSPORT REGULATIONS, Sec ,000 CAD PER PASS. - NO MINIMUM FOR BAGGAGE OR CARGO

8 GLOBALTIME INITIATIVE - GLOBAL CANCELLATION OF WAR-RISK INSURANCE IN THE WAKE OF SEPT.11 - ICAO ASSEMBLY RESOLUTION A GLOBALTIME CONCEPT DEVELOPED -2002/ CREATION OF GLOBALTIME AS IC-FUND MECHANISM - COMPENSATION OF UI DAMAGE OF UP TO 15 BILLION USD - BACKED BY STATES - FINANCED BY PAX AND CARGO CHARGES - NOT IMPLEMENTED, BUT CONCEPT HAD STRONG MEMBERSHIP SUPPORT

9 ROME CONVENTION MODERNIZATION - MONTREAL PROTOCOL PROPOSAL OF SWEDEN, LC/31 SEPT ICAO SSG LC/32 FEB SPECIAL GROUP HELD 6 MTGS, RESULTING IN TWO DRAFT TEXTS: DRAFT UNLAWFUL INTERFERENCE CONV. DRAFT GENERAL RISKS CONVENTION

10 DRAFT UNLAWFUL INTERFERENCE CONVENTION: STRICT LIABILITY OF THE OPERATOR LIABILITY CAPPED, BASED ON A/C WEIGHT SCM (SUPPLEMENTARY COMPENSATION MECHANISM) FOR DAMAGE ABOVE CAP COMPENSATION UP TO 3 G USD PER EVENT

11 DRAFT UNLAWFUL INTERFERENCE CONVENTION: SCM FINANCED FROM PAX AND CARGO SHIPPER CONTRIBUTIONS COMPENSATION FOR MID-AIR COLLISIONS ADVANCE PAYMENTS CLAUSE COMPULSORY INSURANCE CLAUSE

12 DRAFT GENERAL RISKS CONVENTION : TWO-TIER LIABILITY OF THE OPERATOR, WITH THRESHOLD (250, ,000 SDR) NO LIMIT IN SECOND TIER EXEMPTION FOR A/C OWNERS, LESSORS, MANUFACTURERS IN SQUARE BRACKETS COMPENSATION FOR MID-AIR COLLISIONS NO SCM

13 PRESENT STATE OF WORK: - LC/33, 21 APRIL 2 MAY 08 - WORK ON UNLAWFUL INTERFERENCE CONVENTION STILL CONTROVERSIAL - PROVISIONS ON FINANCING AND CONTRIBUTIONS - EXEMPTION FOR OWNERS, LESSORS AND MANUFACTURERS CONTROVERSIAL

14 COMMENTS GENERAL RISKS CONVENTION A LOGICAL STEP FORWARD UNLAWFUL INTERFERENCE CONVENTION INNOVATIVE BUT CONTROVERSIAL: SCM MANDATORY INSUR. CLAUSE ENHANCED OWNER/LESSOR EXEMPTION SHD BE DELETED

15 THANK YOU