The impact of 9/11 on European civil aviation security legislation

Abstract

Over the years, aviation has become one of the leading international industries. Air transportation security has been a constant concern for the air transport industry, in particular after the September 11 attacks. The regulation of aviation security has been mainly reactive, in that, specific, tragic events which happened over the years, led to innovations within the regulation of this sector. Prior to the 9/11 attacks, air transportation security was for the most part regulated by international conventions, namely the 1963 Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft, the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft, and the 1971 Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation. Recommendations proposed by these major international instruments, negotiated under the auspices of the ICAO, have, to a certain extent, outlined most aviation security legislation in several states worldwide. The tragic events of September 11 resulted in a radical change of approach adopted by the European Union Member States, vis-a-vis the regulation of aviation security. The immediate response, to counteract similar acts of violence, was the drafting of the framework Regulation (EC) No. 2320/2002 . The said Regulation was followed by other regulations which laid down further measures for the implementation and harmonisation of basic standards with regard to aviation security. Furthermore, a comparison of the level of aviation security legislation between the European Union and the United States is essential to understand the different legislative approaches adopted in relation to the regulation of aviation security. In addition, the continuing dispute vis-a-vis the transfer of Passenger Name Record data is analysed comprehensively, by making use of related discussions and opinions. To conclude, an attempt to examine and look at the way legislation of aviation security will proceed and develop in the near future, is undertaken.