Regulation

SATA – operating in a highly regulated sector – is committed to fulfil a series of international, European, Portuguese, and regional laws and regulations ensuring that they remain a solid and credible national and international player. This commitment is encouraged by the corporate bodies, taken by those in charge of each business unit, and shared by all employees.

 

International

The Chicago Convention aims at establishing civil aviation standards for the air sector, so that there may be a high level of homogeneity and uniformity regarding standards, practices, and procedures applied to aircrafts, employees, air routes, and additional services. The Montreal Convention of 1999 was signed with the aim of introducing a uniform legal framework governing international airline companies by updating the legal framework within the Warsaw Convention of 1929. Portugal was one of the member-states to sign the Convention therefore SATA is in compliance with the mentioned provisions. It should also be noted that SATA flies to many countries that have not yet signed the Montreal Convention, thus its activity remains subjected to either the Montreal Convention or the Warsaw Convention – earlier version of the Montreal Convention -, depending on the destination.

 

Main Entities
IATA
International Air Transport Association

An international body with the mission to represent, lead, and serve the airline industry. It currently represents approximately 240 airlines.
Main Regulations:
IATA Airport Codes;
IATA Airline Designators;
IATA Delay Codes;
IATA Dangerous Goods Regulations Manual (DGR);
Passenger Services Conference Resolutions Manual;
Cargo Services Conference Resolutions Manual;
Passenger Agency Conference Resolutions Manual;
Cargo Agency Conference Resolutions Manual.
  ICAO
International Civil Aviation Organization

A United Nations specialised agency seeking to promote international civil aviation cooperation.
Main Regulations:
Annex 2 – Rules of the air;
Annex 3 – Meteorological Service for International Air Navigation;
Annex 4 – Aeronautical Charts;
Annex 5 – Units of Measurement to be Used in Air and Ground Operation;
Annex 9 – Facilitation;
Annex 10 – Aeronautical Telecommunications;
Annex 15 – Aeronautical Information Services;
Annex 17 – Security: Safeguarding International Civil Aviation Against Acts of Unlawful Interference.

 

European

In European terms, SATA is in line with a series of regulations issued by the European Commission on air transport and related activities.

 

Main Applicable Regulations
Commission Regulation (EC) No. 2096/2005 of 20 December, 2005   Laying down common requirements for the provision of air navigation services.
Commission Implementing Regulation (EU) No. 923/2012 of 26 September, 2012   Laying down the common rules of the air and operational provisions regarding services and procedures in air navigation.
Commission Regulation (EU) No. 965/2012 of 5 October, 2012   Laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.
Commission Regulation (EU) No. 185/2010 of 4 March, 2010
  Laying down detailed measures for the implementation of the common basic standards on aviation security, which was amended in 2012 by:
  - Commission Implementing Regulation (EU) No. 173/2012 of 29 February, 2012, as regards clarification and simplification of certain specific aviation security measures;
  - Commission Implementing Regulation (EU) No. 711/2012 of 3 August, 2012, as regards the methods used for screening persons other than passengers and items carried;
  - Commission Implementing Regulation (EU) No. 1082/2012 of 9 November, 2012, in respect of EU aviation security validation.
Commission Regulation (EC) No. 859/2008 of 20 August, 2008   Laying down labour rules and crew rest, taking into consideration Company Agreements.
Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February, 2004   Establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
Regulation (EC) No. 1008/2008 of the European Parliament and of the Council of 24 September, 2008   Establishing common rules for the operation of air services in the European Community and fares for intra-Community air services.
Commission Regulation (EU) No. 748/2012 of 3 August, 2012   Laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations.
Commission Regulation (EU) No. 593/2012 of 5 July, 2012   Amending Regulation (EC) No. 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks.
Commission Regulation (EU) No. 290/2012 of 30 March 2012   Amending Regulation (EU) No. 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No. 216/2008 of the European Parliament and of the Council.
Regulation (EC) No. 785/2004 of the European Parliament and of the Council of 21 April, 2004   Laying down insurance requirements for air carriers and aircraft operators.
Regulation (EC) No. 2027 of the Council of 9 October, 1997   Laying down air carrier liability in the event of accidents.

 

Portuguese

In Portugal, the Instituto Nacional de Aviação Civil (INAC) is the entity regulating and supervising the aeronautical activity in order to ensure that all civil aviation activities are developed taking into consideration high safety standards. Thus, similarly to the international and European regulations, this entity also includes several standards and regulations which must be complied by SATA within each business activity.

 

Main Applicable Regulations
Decree-Law No. 19/2012, from January 27th, 2012   Third amendment to Decree-Law No. 275/99, from July 23rd, regulating access to ground-handling services for companies carrying out air transport of passengers, cargo or mail and respective implementation.
Decree-Law No. 254/2012, from November 28th, 2012
  Establishing the general legal framework for the concession of an airport public service supporting civil aviation in Portugal to ANA, S.A., which includes the following:
  - It covers the legal framework for licensing the private use of public airport property and the implementation of activities and services in national public airports and aerodromes along with related rates;
  - It regulates the safety rate for each passenger on board at the airports and aerodromes within Portuguese territory, which are part of a list published by transport Governmental order;
  - It establishes the conditions for applying the legal framework within Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July, concerning the rights of disabled persons and persons with reduced mobility when travelling by air in flights with departure or arrival at Portuguese airports or aerodromes;
  - It establishes the common rules and principles applicable to subjected rates and economic regulations, and establishes the service quality indicators to be observed in Portuguese airports and aerodromes.
Decree-Law No. 116/2012, from May 29th, 2012   Establishing the legal framework for accessing the market and exercising the rights for regular extra-Community air transport.
Flight operations are ruled by several decrees and orders responsible for regulating airport slots, as well as Decree-Law No. 139/2004 from June 5th, 2004, establishing labour and crew rest regulations in light of the rules within the scope of the Company Agreements. These are DL 109/2008, DL 293/2003, Decree-Order No. 303-A/2004 from March 22nd, and Decree-Order 259/2005.

 

A set of specific rules and regulations are also established on an environmental level, which apply to SATA’s reality
It is important to note Decree-Law No. 93/2010 from July 29th, laying down the scheme for greenhouse gas emission allowance trading within aviation activities, implementing Directive No. 2008/101/EC of the European Parliament and of the Council of 19 November amending Directive No. 2003/87/EC of the European Parliament and of the Council of 13 October. However, the following Decree-Laws (DL) are also applicable: DL No. 35/2008 art.9, DL No. 78/2004 art.19, DL No. 147/2008 art.22, DL No. 90/2010 art.3, DL No. 242/2001 art.6, DL No. 220/2008 art.34, DL No. 366-A/97 art.6, DL No. 182/2006 No.1, and art.4, Law No. 58/2005, DL No. 226A/2007 art.59 to 61; Art.23 to 25; art.40; art.62 to 64, Implementing Decree No. 23/95, 23/08, art.115, DL No. 78/2004 art.21, DL No. 90/2010 art.3, DL No. 220/2008 art.34, DL No. 101/2007 art.7, and DL No. 93/2010.

 

Aerodrome management is thoroughly regulated with some of its main decrees and aeronautical information circulars highlighted as follows
In terms of aerodrome management, we should note Decree-Law No. 55/2010 from May 10th establishing the Portuguese civil aerodrome construction, certification, and operation conditions, laying down the operational, administrative, safety, and facilitation requirements to be applied within the infrastructures. It also classifies the Portuguese civil aerodromes for airport planning purposes. In its turn, the Regulation (INAC) from March 19th, 2012, establishes element specifications to be included in the Aerodrome Handbook. It is also important to note Decree-Law No. 218/2005, from December 14th, establishing a system for reporting occurrences as to contribute towards an increase in air safety and prevent future accidents and incidents in aircrafts by communicating, collecting, preserving, protecting, and broadcasting relevant information.

 

Main Aeronautical Information Circulars for Aerodrome Management
AIC 24/2010   Fire fight and rescue in Aerodromes and Heliports.
AIC 21/2010   Aerodrome Manager Duties.
AIC 17/2010   Procedures for processing and publishing aeronautical information in AIP, Supplements for AIP, VFR, NOTAM, and AIC Internacional Handbook, and coordinating temporary activities as well as potentially hazardous objects in aircraft flying.
AIC 08/2010   New traffic form.
AIC 16/2008   Certification for small CNS (Communications (c), Navigation (n) and Surveillance (s)) service providers.
AIC 18/2008   Aerodrome Handbook.
AIC 14/2007   Certification for Aerodrome Flight Information Providers and Aerodrome Flight Information Providers.
AIC 24/2006   Professional Aptitude Certificate (CAP – Certificado de Aptidão Profissional) for Aerodrome First Aid and Emergency Technician and Aerodrome First Aid and Emergency Operator.
AIC 15/2006   Access requirements for training in ‘Aerodrome Traffic Information Agent’ (AITA – Agente de Informação de Tráfego de Aeródromo).
AIC 11/2006   Professional Aptitude Certificate (CAP – Certificado de Aptidão Profissional) for Airport Operator.

 

Regional

In regional terms, SATA is in compliance with several regulations including Decree-Order No. 56/2007, from August 14th, implementing operational restrictions regarding civil aircrafts in airports João Paulo II, Lajes, Santa Maria, Horta, and Pico that are noise-related. We should also note that SATA is subjected to the rules within Regional Legislative Decree No. 7/2011/A laying down the business legal framework for the public sector within the Azores, and Regional Legislative Decree No. 12/2008/A laying down the Regional Public Manager Statute for the Azores. We should also note article 24 within Regional Legislative Decree No. 35/2002/A establishing the applicable rates for the concession of the public airport service supporting civil aviation.

 

Regulatory Authority
This legislation is ruled by the Regional Government of the Azores.
Main Applicable Regulations:
Regional DL No. 23/2010/A;
Regional DL No. 7/2011/A;
Article 24 of Regional DL No. 35/2002/A;
Regional DL No. 23/2005/A and annex;
Regional Decree-Order No. 67/2007;
Regional DL No. 12/2008/A;
Decree-Order No. 56/2007;
Regional DL No. 34/2010/A.