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Vincent Correia
Air and Space Law
Volume 45, Issue 3 (2020) pp. 309 – 340
https://doi.org/10.54648/aila2020041
Abstract
Boeing faces an unprecedented crisis in its history, after the 737 Max aircraft have been grounded following two major crashes. Beyond the technical problems revealed during the investigations conducted after these accidents, it appeared that the certification process in place in the United States (US) suffered from several flaws which could have contributed to these disasters. As the US certification process served as a model in several countries and regions, it appears necessary to address the lessons that can be learned from the 737 MAX certification issues, not only in the US but also within the European Union (EU) as both systems hold many similarities. Most notably, the delegation of powers, or ‘privileges’, is now under scrutiny, while it has been the basis of a system relying on shared trust between the regulators and the manufacturers. The EU immediately took actions to change its certification process, and such a move is also expected in the United States. This can significantly increase the administrative burden on manufacturers, at a time when international competition is fiercer than ever.
Keywords
Delegation, Type Certificate, Supervision, Pilot Training, Changed Product
Extract
Created to provide for a new global benchmark by virtue of strong fair competition mechanisms in combination with ‘modern’ provisions on transparency, environmental protection and social aspects that have traditionally never been addressed in bilateral air services agreements (ASAs), the 2019 European Union (EU)-Qatar Air Transport Agreement has its ambitions set high. By analysing the Agreement’s content as well as the relevant legal environments it will operate in, this article signals certain flaws in the Agreement’s enactment that may trump its functioning. In particular, it identifies that it is the lack of a culture of competition enforcement in the aviation sector on the part of the State of Qatar combined with a potential overly aggressive approach when it comes to the achievement of fair competition objectives on the part of the EU that could impede the Agreement’s future success.