1.3. International organizations on the regulation of airline industry.
There are organizations in every industry that regulate it. There are also many
organizations that regulate the airport and airline industry. And they make a significant
contribution to the prevention of accidents that may occur.
The core principles permitting international transport by air were established by the
Convention on International Civil Aviation (Chicago Convention), signed on 7 December
1944. The Preamble to the Chicago Convention promotes cooperation and recognizes that
“the future development of international civil aviation can greatly help to create and
preserve friendship and understanding among the nations and people of the world”.
ICAO has established five Strategic Objectives (SOs) which form the foundation for all
work undertaken by the Organization to ensure that air traffic growth is managed safely,
securely and efficiently, with due respect for aviation sector’s environmental
commitments, while fully capturing and realizing potential economic benefits to be
generated from the increasing traffic:
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1.Safety: Enhance global civil aviation safety. This Strategic Objective is focused
primarily on the State’s regulatory oversight capabilities;
2.Air Navigation Capacity and Efficiency: Increase the capacity and improve the
efficiency of the global civil aviation system. This Strategic Objective is focused
primarily on upgrading the air navigation and aerodrome infrastructure and developing
new procedures to optimize aviation system performance;
3.Security and Facilitation: Enhance global civil aviation security and facilitation. This
Strategic Objective reflects the need for ICAO’s leadership in aviation security,
facilitation and related border security matters;
4.Economic Development of Air Transport: Foster the development of a sound and
economically-viable civil aviation system; and
5.Environmental Protection: Minimize the adverse environmental effects of civil aviation
activities.
In alignment with the Organization’s mandate in standard-setting, oversight, capacity
building and assistance in relation to international civil aviation, ICAO Assembly
Resolution A40-21, Aviation Contribution towards the United Nations 2030 Agenda for
Sustainable Development, is the overarching framework of the Organization on triennial
implementation guidance towards the achievement of the UN 2030 Agenda. This
resolution, which was first adopted unanimously in 2016, at the 39th Session of the
Assembly of ICAO, illustrates the close interlinkages between aviation and the SDGs,
and establishes close linkage between the UN SDGs with ICAO’s five Strategic
Objectives of safety, air navigation capacity and efficiency, security and facilitation,
economic development of air transport and environmental protection. In 2019, the 40th
session of ICAO’s Assembly reaffirmed ICAO’s commitments towards the attainment of
the Sustainable Development Goals through Resolution A40-21. In its revision of the
Resolution, the 40th Session of the Assembly of ICAO encouraged Member States to
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report on aviation, as an enabler of sustainable development, within their National
Voluntary Review delivered at the UN High Level Political Forum on Sustainable
Development, and to include clear references the SDGs in their national aviation plans,
with the objective of showcasing the contribution of aviation to the UN SDGs and
national economies.
Under the umbrella of the ICAO Assembly Resolution A40-21 and in line with its
Strategic Objectives as well as No Country Left Behind (NCLB) initiative, ICAO
diligently advocates the benefits of aviation in support of the 2030 Agenda, assists States
with implementation efforts through development of dedicated tools and services,
facilitates capacity building initiatives, supports strengthening and fostering existing and
new collaborations and partnerships, and conducts resource mobilization activities. The
special needs and characteristics of the Least Developed Countries (LDCs), Landlocked
Developing Countries (LLDCs) and Small Island Developing States (SIDS) have been
given particular attention in the Resolution.
Activities undertaken by ICAO assist its Member States in enhancing their air transport
systems and therefore fostering contributions of aviation towards sustainable
development as envisioned through the 2030 Agenda for Sustainable Development.
These activities complement ICAO’s core mission and role in establishment and
maintenance of international Standards and Recommended Practices (SARPs), as well as
Procedures for Air Navigation (PANS) as well as globally harmonized policies and
guidance, which are fundamental tenets of the Convention on International Civil
Aviation. Today, ICAO manages over 12,000 SARPs across the 19 Annexes and 5 PANS
to the Convention, many of which are constantly evolving in concert with latest
developments and innovations. SARPs and PANS provide ICAO Member States and
other stakeholders the fundamental basis for harmonized global aviation safety and
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efficiency in the air and on the ground, the worldwide standardization of functional and
performance requirements of air navigation facilities and services, and the orderly
development of air transport.
To accelerate the attainment of SDGs in the Decade of Action, ICAO aims to develop its
2020-2030 Framework to Strengthen ICAO’s Support of Sustainable Development
Goals. This framework, which is intended to be “rolling in nature” and subject to annual
review, will outline direction and future objectives for the efforts of the Organization to
further integrate the SDGs into its work programmes and plans, and enhance its support
of the implementation of the 2030 Agenda in the Decade of Action.
Sustainable transport and aviation are essential to achieving the SDGs and the 2030
Agenda for Sustainable Development. Through its normative work, oversight and
technical assistance and cooperation, ICAO serves the people of the world in facilitating
international civil air transport that is safe, secure, efficient, economically viable and
environmentally responsible. In 2017, the Organization undertook a mapping exercise to
illustrate how its work around the Organization’s five Strategic Objectives supports 15
out of the 17 the Sustainable Development Goals. This analytical mapping, which was
updated in 2019, provides a powerful testimony on just how deeply the ICAO Strategic
Objectives and the SDGs are intertwined. In its outreach and advocacy efforts, ICAO
continues to make reference to these synergies and linkages with the SDGs.
ICAO is also an official observer on the Inter-agency and Expert Group on Sustainable
Development Goal Indicators and is the custodian agency of global indicator 9.1.2,
Passenger and Freight Volumes, by Mode of Transport within the 2030 Agenda
framework. In this capacity, ICAO provides data and analysis to the annual Sustainable
Development Goals Report, the indicator documentation and the online UN platform for
monitoring the progress towards the SDGs. This, in turn, assists ICAO Member States to
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monitor and benchmark air transport infrastructure and to facilitate financing and
investments. These actions drive the sustainable growth of air transport and benefit
multimodal transport connectivity.
In 2017, ICAO collaborated with other partners of the aviation Industry, to develop the
Aviation Benefits Report, which illustrates how aviation is improving the lives and
livelihoods of billions of people around the world and therefore advancing socio-
economic progress in support of the Sustainable Development Goals (SDGs). The Report
provides a comprehensive view of the importance of aviation in supporting the global
economy and generating social benefits through the prism of sustainable air transport
solutions. The second edition of this Report was launched in 2019 and provides a helpful
and consolidated view of aviation’s current socio-economic impacts alongside challenges
and objectives. It serves as a tool for ICAO advocacy efforts to foster engagement of
high-level authorities, including those beyond the transport sector, towards air transport
systems enhancement and prioritization of the sector in national and regional
development frameworThe ICAO Business Plan 2020-2022 lays out priorities and a
strategic direction for the Organization taking into consideration all of the work mandated
to be undertaken by ICAO, regardless of source of funding. The ICAO Business Plan
follows a Results Based Management approach, which integrates strategy, people,
resources, processes and measurements to improve decision-making, transparency, and
accountability. It responds to the needs and expectations of Member States, and includes
a corresponding Regular Programme results-based Budget for the 2020-2021-2022
triennium. In 2019, ICAO Evaluation and Internal Audit Office (EAO) conducted an
evaluation of results-based management (RBM) in the ICAO. The purpose of the
evaluation was to assess the application of RBM in the organization, identify and learn
lessons in implementing different aspects of RBM thus far, including results-based
planning, budgeting, monitoring and reporting. The outcomes of this evaluation are now
being taken forward. ICAO has carefully mapped the linkages between the SDGs and the
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2017-2019 Business Plan five Strategic Objectives. The mapping revealed that ICAO's
Strategic Objectives are interwoven with 15 of the 17 SDGs and the organization is fully
committed to work in close cooperation with States, the UN and stakeholders to support
the achievement of the SDGs. For three of the five Strategic Objectives (Safety, Air
navigation Capacity and Efficiency, Security and Facilitation) ICAO adopted Global
Plans to address its leading role in implementing activities on a result-based basis, with
indicators linking to specific SDGs. The Global Aviation Safety Plan (GASP), Global Air
Navigation Plan (GANP) and Global Aviation Security Plan (GASeP) include detailed
guidance for States on how to comply with ICAO's SARPs. This in turn supports a
sustainable aviation sector at both regional and national levels.
Civil aviation plays an essential role in supporting assistance to States and regions
affected by natural disasters, conflicts and pandemics. Various Annexes to the
Convention on International Civil Aviation have existing provisions that stipulate
requirements for States in respect of emergency planning and disaster relief. The 39th
Session of the Assembly of ICAO adopted Resolution A39-24, Strategy on disaster risk
reduction and response mechanisms in aviation, which considered the need for the
establishment of a framework to guide the Organization’s response to crises and directed
“the Council to establish a crisis response policy”, as well as develop a “disaster risk
reduction strategy in aviation that would institutionalize and guide the Organization’s
strategic approach and tactical responses to aviation-specific crises that could affect the
safety or continuity of international civil aviation”. The Resolution also urges States to
“take into consideration the disaster risk reduction priorities as contained in the Sendai
Framework for Disaster Risk Reduction 2015–2030, as well as the best practices of
Member States, in the development of their State emergency response plans as well as in
the emergency response plan requirements for aviation service providers”.
ICAO spearheads the Collaborative Arrangement for the Prevention and Management of
Public Health Events in Civil Aviation (CAPSCA) that coordinates the international
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aviation response to public health risks, such as pandemics. Through this effort, ICAO
promotes the importance of preparedness planning and response to public health events
that affect the aviation sector, such as an influenza pandemic, including COVID-19, Ebola
and Zika. The implementation of CAPSCA supports the attainment of SDG 3 by
strengthening the capacity of all ICAO Member States, in particular developing countries,
for early warning, risk reduction and management of national and global health risks.
CAPSCA is a multilateral partnership that includes the World Health Organization
(WHO) and other stakeholders in this endeavor.
ICAO developed comprehensive guidance on Unmanned Aerial Systems (UAS) for
Humanitarian Aid and Emergency Response (U- AID). This guidance material is a
resource for Member States to enable humanitarian aid and emergency response
operations using UAS, and enable an expedited review process for urgent operations. It
is applicable for States who are in the beginning stages of promulgating UAS regulations
as well as those who already implemented UAS regulations. ICAO is also part of an
international effort to identify and streamline emergency preparedness at international
airports. This is done in partnership with the United Nations Office for the Coordination
of Humanitarian Affairs (OCHA) and additional aviation and humanitarian partners.
While the efforts of ICAO regarding climate change are mainly focused on reducing the
impact of international civil aviation on the global climate, the impact of climate change
to aviation infrastructure and operations has also been identified as a significant risk for
the aviation sector and ICAO’s work on climate adaptation is the foundation of risk
preparedness. In order to ensure the resilience of the international aviation system, the
role of ICAO in disseminating best practices and guidance is instrumental. Indeed, the
ability to engage all stakeholders effectively, from the airports, airlines, air navigation
services providers to the energy suppliers and local authorities is a prerequisite to avoid
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the creation of islands of resilience, with no connection to the rest of the network.
Therefore, ICAO has engaged with a number of organizations, including the World
Meteorological Organization (WMO), in order to enhance the awareness and
preparedness of all. In addition, ICAO recently developed a Climate Change Adaptation
Synthesis report which is aimed at identifying the impact of climate change on
international aviation infrastructure and services, the level of awareness of stakeholders
and possible actions to enhance resilience. These guidance documents are relevant to all
ICAO Member States and bring particular added value to States with limited resources
and environmental capabilities, therefore serving towards the attainment of SDGs 9 and
11.
The Directorate General of Civil Aviation (DGCA) is the regulatory body in the field
of Civil Aviation, primarily dealing with safety issues. It is responsible for regulation of
air transport services to/from/within India and for enforcement of civil air regulations, air
safety, and airworthiness standards. The DGCA also co-ordinates all regulatory functions
with the International Civil Aviation Organisation (ICAO).
Private operators were allowed to provide air transport services. However, no foreign
airline could directly or indirectly hold equity in a domestic airline company. By 1995,
several private airlines had ventured into the aviation business and accounted for more
than 10 percent of the domestic air traffic. Today, Indian aviation industry is dominated
by private airlines and these include low cost carriers, who have made air travel
affordable. The Government nationalized nine airline companies vide the Air
Corporations Act, 1953. These government-owned airlines dominated Indian aviation
industry till the mid-1990s. In April 1990, the Government adopted open-sky policy and
allowed air taxi- operators to operate flights from any airport, both on a charter and a non
charter basis and to decide their own flight schedules, cargo and passenger fares. As part
of its open sky policy in 1994, the Indian Government ended the monopoly of IA and AI
in the air transport services. Private operators were allowed to provide air transport
services. However, no foreign airline could directly or indirectly hold equity in a domestic
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airline company. By 1995, several private airlines had ventured into the aviation business
and accounted for more than 10 percent of the domestic air traffic. Today, Indian aviation
industry is dominated by private airlines and these include low cost carriers, who have
made air travel affordable.
Airports Economic Regulatory Authority of India (AERA) AERA, was established by the
Government of India vide notification No. GSR 317(E) dated 12th May 2009 as a
statutory body of Government of India. The Parliament of India enacted an Act called
“The Airports Economic Regulatory Authority of India Act, 2008” (hereinafter to be
referred as the “Act”). The said Act envisages the establishment of a statutory authority
called the Airports Economic Regulatory Authority (hereinafter referred to as the
“AERA”) to regulate tariff for the aeronautical services, determine other airport charges
for services rendered at major airports and to monitor the performance standards of such
airports. The provisions of the said Act came into force w.e.f. 1st September, 2009.
The functions of AERA, in respect of major airports, are specified in section 13 of the
Act, which are as below:
-To determine the tariff for aeronautical services taking into consideration the capital
expenditure incurred and timely investment in the improvement of airport facilities.
-The service provided, its quality and other relevant factors.
-The cost for improving efficiency.
-Economic and viable operation of major airports.
-The concession offered by the Central Government in any agreement or memorandum
of understanding or otherwise, and
-Any other factor which may be relevant for the purpose of the Act.
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-Determine the amount of the development fees.
-Determine the amount of the passengers’ service fee levied under Rule 88 of the Aircraft
Rules, 1937 made under the Aircraft Act, 1934.
-Monitor the set performance standards relating to quality, continuity and reliability of
service as may be specified by the Central Government or any authority authorized by it
in this behalf.
-Call for any such information as may be necessary to determine the tariff for aeronautical
services, and
-Perform such other functions relating to tariff, as may be entrusted to it by the Central
Government or as may be necessary to carry out the provisions of the Act.
Today, Airports Economic Regulatory Authority of India plays a vital role in fostering a
healthy competition amongst all Major Airports, encouraging investment in airport
facilities, protection of reasonable interests of users, operation of efficient, economic and
viable airports through regulations of tariff for aero nautical services/activities and also
monitors performance standards at Major Airports.
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