{"data":[{"name":"Aviation Law","slug":"aviation-law","id":"6ba8b23a-9e56-4fd3-a49d-7c861d3cb1ba","chapter":[{"id":"0b6c01f3-cffe-4631-9581-494c6c287ec6","sort":1,"name":"General","practise_area":{"name":"Aviation Law","slug":"aviation-law","id":"6ba8b23a-9e56-4fd3-a49d-7c861d3cb1ba","chapter":[{"id":"0b6c01f3-cffe-4631-9581-494c6c287ec6","sort":1,"name":"General","practise_area":{"name":"Aviation Law","slug":"aviation-law","id":"6ba8b23a-9e56-4fd3-a49d-7c861d3cb1ba","chapter":["0b6c01f3-cffe-4631-9581-494c6c287ec6","1359e13e-2f0b-4603-a8f2-6aa4d1b14272","736abb16-5abe-4c79-a028-e3f0e26ce39e","c75d4055-85d3-406f-9c83-13cc6c774d5d"]},"questions":[{"id":"2f2462e1-4dec-42b0-9527-7676533af421","sort":1,"question":"Please list and briefly describe the principal legislation and regulatory bodies which apply to and/or regulate aviation in your jurisdiction.","chapter":"0b6c01f3-cffe-4631-9581-494c6c287ec6","answers":["a21dc94e-c04d-4bef-9d5f-2b178bbd4326","cd80032e-ff6e-4e4e-8931-6ad8e536df82"]},{"id":"db1fb212-434a-4a75-a7f5-276279a8341c","sort":3,"question":"?","chapter":"0b6c01f3-cffe-4631-9581-494c6c287ec6","answers":[]},{"id":"e373bd7b-695f-4e78-b7cc-b776343a9e31","sort":2,"question":"What are the steps which air carriers need to take in order to obtain an operating licence?","chapter":"0b6c01f3-cffe-4631-9581-494c6c287ec6","answers":["1559e9d8-f911-448f-b9e7-f49e7b273b95"]}]},{"id":"1359e13e-2f0b-4603-a8f2-6aa4d1b14272","sort":4,"name":"Commercial and Regulatory","practise_area":{"name":"Aviation Law","slug":"aviation-law","id":"6ba8b23a-9e56-4fd3-a49d-7c861d3cb1ba","chapter":["0b6c01f3-cffe-4631-9581-494c6c287ec6","1359e13e-2f0b-4603-a8f2-6aa4d1b14272","736abb16-5abe-4c79-a028-e3f0e26ce39e","c75d4055-85d3-406f-9c83-13cc6c774d5d"]},"questions":[]},{"id":"736abb16-5abe-4c79-a028-e3f0e26ce39e","sort":2,"name":"Aircraft Trading, Finance and Leasing","practise_area":{"name":"Aviation Law","slug":"aviation-law","id":"6ba8b23a-9e56-4fd3-a49d-7c861d3cb1ba","chapter":["0b6c01f3-cffe-4631-9581-494c6c287ec6","1359e13e-2f0b-4603-a8f2-6aa4d1b14272","736abb16-5abe-4c79-a028-e3f0e26ce39e","c75d4055-85d3-406f-9c83-13cc6c774d5d"]},"questions":[]},{"id":"c75d4055-85d3-406f-9c83-13cc6c774d5d","sort":3,"name":"Litigation and Dispute Resolution","practise_area":{"name":"Aviation Law","slug":"aviation-law","id":"6ba8b23a-9e56-4fd3-a49d-7c861d3cb1ba","chapter":["0b6c01f3-cffe-4631-9581-494c6c287ec6","1359e13e-2f0b-4603-a8f2-6aa4d1b14272","736abb16-5abe-4c79-a028-e3f0e26ce39e","c75d4055-85d3-406f-9c83-13cc6c774d5d"]},"questions":[]}]},"questions":[{"id":"2f2462e1-4dec-42b0-9527-7676533af421","sort":1,"question":"Please list and briefly describe the principal legislation and regulatory bodies which apply to and/or regulate aviation in your jurisdiction.","chapter":{"id":"0b6c01f3-cffe-4631-9581-494c6c287ec6","sort":1,"name":"General","practise_area":{"name":"Aviation Law","slug":"aviation-law","id":"6ba8b23a-9e56-4fd3-a49d-7c861d3cb1ba","chapter":["0b6c01f3-cffe-4631-9581-494c6c287ec6","1359e13e-2f0b-4603-a8f2-6aa4d1b14272","736abb16-5abe-4c79-a028-e3f0e26ce39e","c75d4055-85d3-406f-9c83-13cc6c774d5d"]},"questions":[{"id":"2f2462e1-4dec-42b0-9527-7676533af421","sort":1,"question":"Please list and briefly describe the principal legislation and regulatory bodies which apply to and/or regulate aviation in your jurisdiction.","chapter":"0b6c01f3-cffe-4631-9581-494c6c287ec6","answers":["a21dc94e-c04d-4bef-9d5f-2b178bbd4326","cd80032e-ff6e-4e4e-8931-6ad8e536df82"]},{"id":"db1fb212-434a-4a75-a7f5-276279a8341c","sort":3,"question":"?","chapter":"0b6c01f3-cffe-4631-9581-494c6c287ec6","answers":[]},{"id":"e373bd7b-695f-4e78-b7cc-b776343a9e31","sort":2,"question":"What are the steps which air carriers need to take in order to obtain an operating licence?","chapter":"0b6c01f3-cffe-4631-9581-494c6c287ec6","answers":["1559e9d8-f911-448f-b9e7-f49e7b273b95"]}]},"answers":[{"id":"a21dc94e-c04d-4bef-9d5f-2b178bbd4326","sort":null,"answer":"

Testing

A distinction should be made between international conventions and treaties that are directly applicable and their implementation instruments, EU regulations and directives, and Belgian law.

The Chicago Convention was ratified in Belgium on 30 April 1947 (Belgian Official Journal (OG) 2 December 1948) and was implemented by the Royal Decree of 15 March 1954, which has been amended several times. The Law of 30 April 1947 has been further implemented by another 25 royal and ministerial decrees. In effect, that law, together with the Law of 27 June 1937 and the Royal Decree of 15 March 1954, are the basic regulations for aviation operations in Belgium.

At a national level, the basic regulations with respect to technical operations are laid down in the Royal Decree of 9 January 2005 regulating the conditions for technical operations of aircraft belonging to general aviation (OG 7 February 2005) and, with respect to flight operation licences, as set out in the Royal Decree of 25 October 2013 (OG 16 December 2013) implementing Regulation (EU) No. 1178/2011 as amended by Regulation (EU) No. 290/2012. The Ministerial Decree of 13 February 1970 as amended (see especially Ministerial Decree of 20 October 2003) sets out further technical requirements for the operation of aircraft of 5,700kg or more, as well as organisational requirements for the airline and the maintenance of aircraft (OG 4 April 1970).

As a result of Regulation (EC) No. 3922/91, the Joint Aviation Requirements (JAR) (subsequently replaced by EU-OPS and then by IR-OPS (see 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) also apply in Belgium and have been further implemented by the Royal Decrees of 25 June 2001 (OG 15 August 2001) and of 9 January 2005 (OG 7 February 2005). With the creation of the European Aviation Safety Agency, many safety issues are now further regulated and harmonised at EU level, namely by Regulation (EC) No. 216/2008 of 20 February 2008 as replaced by Regulation (EU) No. 2018/1139 (OJ L 212, 22 August 2018).

There are three regulatory bodies in Belgium:

General authority lies with the Civil Aviation Authority of the Federal Public Service (FPS) of Mobility and Transport (BCAA), which was created by the Law of 27 June 1937 amending the Law of 16 November 1919 with respect to air navigation (as amended) (OG 26 July 1937) and its Royal Decree of 15 March 1954 with respect to air navigation (as amended) (OG 26 March 1954).
Skeyes (previously known as “Belgocontrol”) is responsible for air traffic control and civil air navigation services for Luxembourg and Belgium, and was created by the Law of 19 December 1997, for the rationalisation of Brussels National Airport (OG 30 December 1997).
The Belgian Supervising Authority for Air Navigation Service was created in the context of the Single European Sky (SES) by the Royal Decree of 14 February 2006 for the creation of the national supervising authority for air navigation services (OG 28 February 2006).

","question":{"id":"2f2462e1-4dec-42b0-9527-7676533af421","sort":1,"question":"Please list and briefly describe the principal legislation and regulatory bodies which apply to and/or regulate aviation in your jurisdiction.","chapter":"0b6c01f3-cffe-4631-9581-494c6c287ec6","answers":["a21dc94e-c04d-4bef-9d5f-2b178bbd4326","cd80032e-ff6e-4e4e-8931-6ad8e536df82"]},"country":null}]},{"id":"e373bd7b-695f-4e78-b7cc-b776343a9e31","sort":2,"question":"What are the steps which air carriers need to take in order to obtain an operating licence?","chapter":{"id":"0b6c01f3-cffe-4631-9581-494c6c287ec6","sort":1,"name":"General","practise_area":{"name":"Aviation Law","slug":"aviation-law","id":"6ba8b23a-9e56-4fd3-a49d-7c861d3cb1ba","chapter":["0b6c01f3-cffe-4631-9581-494c6c287ec6","1359e13e-2f0b-4603-a8f2-6aa4d1b14272","736abb16-5abe-4c79-a028-e3f0e26ce39e","c75d4055-85d3-406f-9c83-13cc6c774d5d"]},"questions":[{"id":"2f2462e1-4dec-42b0-9527-7676533af421","sort":1,"question":"Please list and briefly describe the principal legislation and regulatory bodies which apply to and/or regulate aviation in your jurisdiction.","chapter":"0b6c01f3-cffe-4631-9581-494c6c287ec6","answers":["a21dc94e-c04d-4bef-9d5f-2b178bbd4326","cd80032e-ff6e-4e4e-8931-6ad8e536df82"]},{"id":"db1fb212-434a-4a75-a7f5-276279a8341c","sort":3,"question":"?","chapter":"0b6c01f3-cffe-4631-9581-494c6c287ec6","answers":[]},{"id":"e373bd7b-695f-4e78-b7cc-b776343a9e31","sort":2,"question":"What are the steps which air carriers need to take in order to obtain an operating licence?","chapter":"0b6c01f3-cffe-4631-9581-494c6c287ec6","answers":["1559e9d8-f911-448f-b9e7-f49e7b273b95"]}]},"answers":[{"id":"1559e9d8-f911-448f-b9e7-f49e7b273b95","sort":null,"answer":"

Regulation (EC) No. 1008/2008 of 24 September 2008 (as amended i.a. by Regulations (EU) No. 2018/1139, (EU) No. 2019/2 and (EU) No. 2020/696) is directly applicable in Belgium. The Ministerial Decree of 3 August 1994 (OG 1 October 1994) further sets out the licence requirements for the commercial operation of aircraft.

The licence and the air operator’s certificate (AOC) are issued by the Civil Aviation Authority.

The applicants must have their principal place of business and, if any, their registered office in Belgium.

Applicants must have at least one aircraft registered in Belgium, adequate insurance and evidence that the company is and will continue to be owned directly or through a majority shareholding by a company established and controlled by a company or person established in the European Economic Area (EEA).

The application must be accompanied by the documents that identify the applicant and its shareholding structure and the routes it wishes to operate, together with all the documents required pursuant to Regulation (EC) No. 1008/2008.

Except for certain exceptions set out in the Royal Decree, an operating licence may not be granted if the operator has not previously obtained a certificate affirming that it has the ability and resources to ensure the safe operation of the aircraft for the activities set out in the certificate. The financial fitness criteria are those laid down in Regulation (EC) No. 1008/2008.

","question":{"id":"e373bd7b-695f-4e78-b7cc-b776343a9e31","sort":2,"question":"What are the steps which air carriers need to take in order to obtain an operating licence?","chapter":"0b6c01f3-cffe-4631-9581-494c6c287ec6","answers":["1559e9d8-f911-448f-b9e7-f49e7b273b95"]},"country":null}]}]}]}]}

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