1.What is the current legal landscape for Aviation Law in your jurisdiction?

Belgium has ratified the Convention on International Civil Aviation signed in Chicago on 7 December 1944 (‘the Chicago Convention’), which forms the basis for Belgium’s aviation legal landscape. Most international treaties relating to aviation have been ratified by Belgium (however not the Convention on international interests in mobile equipment, signed at Cape Town on 16 November 2001, called ‘the Cape Town Convention’).

As an EU Member State, Belgium applies all directly applicable EU legislation. It has implemented most of the – not directly applicable – EU Directives which relate to aviation.

The Belgian aviation legal landscape nevertheless is rather complex, being spread over on the one hand federal regulation and on the other hand regional regulation, i.e. Brussels, Walloon and Flemish regulation. The Flemish and the Walloon regions are in charge of the operation of airports on their territory, the operation of Brussels Airport on the other hand is governed by federal legislation. The Flemish Region recently took an important stake in Brussels Airport Company, which now raises the question on the adequacy of some of the federal legislation governing the airport operation. Environmental matters are governed by regional legislation, so that in addition to some noise-related operating restrictions when using Brussels Airport, air carriers for their flights to and from Brussels Airport also must comply with strict noise standards set by the Brussels region.

The federal authorities, and notably the Belgian Civil Aviation Authority, remain in charge of safety and security, aircraft registration, traffic rights and licensing matters.

Slots are being coordinated for Brussels Airport, by the non-profit organisation Belgium Slot Coordination. Air traffic control is carried out by skeyes, a public company, on the basis of a regularly amended management contract with the state.

2. What three essential pieces of advice would you give to clients involved in Aviation Law matters?

The three pieces of advice that we would give to our clients are:

• set-up efficient compliance programmes;
• invest in new technologies with a view on sustainability;
• focus on secure information technology.

Compliance programmes become increasingly important. Competent authorities increasingly develop standards, which continue to evolve in function of new safety, security and environmental considerations and in function of technological developments, including AI. The new standards apply to the operation of aircraft and of airports, and the provision of airport groundhandling services. Adequate training programmes for personnel are essential, it is important to closely follow up on the applicable standards and on any certification requirements. Good communication with the competent authorities should also receive the necessary attention.

Investment in new technologies will allow the required greening of the sector. It may allow airlines as well as airports and groundhandling service providers to reduce emissions and noise. Close follow-up of environmental regulation is a necessity so as to keep the investment aligned with the evolving requirements.

Finally, it is crucial for the stakeholders to maintain air transport safe and secure. Permanent monitoring of their information systems against any cyber attacks or data losses has become vital. Adequate communication channels with the competent authorities are important also in this area, the authorities are increasingly controlling cyber security.

3. What are the greatest threats and opportunities in Aviation Law in the next 12 months?

The increase of local regulation we believe is a threat to “the development of international civil aviation in a safe and orderly manner” and “the sound and economic development of international air transport services” as aimed at under the Chicago Convention. The international nature or air transport requires an international approach and international coordination. Although most states have ratified the Chicago Convention, we see an increase of local regulatory initiatives which sometimes are contrary to the Chicago Convention and which take into account local interests but not always the international aviation interests as intended by the Chicago Convention which mentions “creation and preservation of friendship and understanding among the nations and peoples of the world.” In this sense e.g. we see arising several aviation taxes locally, which we believe infringe Article 15 of the Chicago Convention. We see protective local aero-political decisions, such as in relation to traffic rights or in relation to access to airports for users and groundhandlers.

We see the rise of access limitations at some airports in the EU, whereby the authorities and the airport managing bodies refer to environmental requirements. Slot coordination increasingly is intertwined with environmental considerations, carriers sometimes therefore losing slots. Business and private aviation are simply seeing disappear the possibility to use certain airports. These limitations may also constitute a violation of international aviation law which provides for basic rights of flying over, into and out of the states. Disputes are emerging in some EU Member States in relation to this issue.

Whereas the above paragraphs refer to threats, we believe that the focus on the environment and the greening obligations, leading to the use of more efficient technology, is an opportunity. We see – flowing from that – increased and better communication between stakeholders. We see that authorities increasingly take into account the working of the sector. We see more flexible communication between these authorities and the operators. This increase of genuine cooperation definitively is an opportunity.

4. How do you ensure high client satisfaction levels are maintained by your practice?

All our lawyers are aviation lawyers. They are passioned by the aviation sector and by air transport, and are multi-lingual. They follow up closely on the evolution of aviation regulation, at a local level as well as at a global level. We see to it that clients can immediately raise their issues without having to explain any technical aspects or any working mechanisms, of which we are well aware. We have aviation lawyers with many years of in-depth experience in the sector.

We tend to maintain a close contact with our clients, informing them of any changes we are aware of and which may influence their businesses. We aim at being pragmatic, to the point and clear in our communication. The team cooperates fluently and on the basis of excellent internal communication.

5. What technological advancements are reshaping Aviation Law and how can clients benefit from them?

Technological advancements have been reshaping different aspects of Aviation Law, allowing to process different filings and requests as required under Aviation Law more rapidly and efficiently. We hereunder give some examples:

Authorities, also in Belgium, have significantly expanded the use of e-government platforms across the aviation sector. Over recent years, multiple digital systems have been introduced to allow aviation stakeholders to complete formalities fully online. These platforms now cover, among others: border control and passenger information for general and business aviation (flight manifest), commercial aviation licensing (a.o. filing for the Air Operators Certificate and Operating License), maintenance supervision (a.o. approvals of MRO’s). Also, the more recent drone operations are being monitored online by the authorities (the authorities offer online pilot training and formula for pre-flight authorisations). Further, online tools have been created for filing of aircraft securities (i.e. the pledge registry, where pledges on aircraft and retention of property can be registered). Environmental compliance equally is monitored online (ETS and SAF reporting). Cargo processing is now rendered possible through electronic customs declarations and manifests. The use of e-government platforms however requires careful attention at the level of the signature as required under EU Regulation 910/2014 on electronic identification and trust services for electronic transactions (basic, advanced or qualified electronic signature). The signature of Belgian official documents will usually require the signatory to have a Belgian e-ID, or to use a software that is recognised under the aforementioned Regulation (EU-qualified trusted service provider). Often companies rely on a local representative for the filings. This requires our clients to implement an adequate representation policy so that the signature type matches with the local requirements. Whereas these technological advancements allow filings to be effectuated more rapidly, very careful attention remains necessary in order to guarantee valid representation of companies. In public procurement matters, filings are now equally effectuated electronically. We advise our clients to have the related electronic system tried out before the filing of a final offer, in order to ensure valid signature and valid representation, as well as timely participation in the tender.

Illegal drone incursions can severely disrupt airline operations, even by forcing authorities and airport managing bodies to close an airport or even airspace. To address this, Belgian authorities are updating the security procedures. At the same time, Belgian airports are investing in advanced drone detection technologies to improve situational awareness (this will require adequate sharing of information between the provider of Air Traffic Control and the U-space Service Provider). Effective drone detection has become a cornerstone of a robust C-UAS strategy. This reshapes Aviation Law because of the impact on the responsibility of the different stakeholders: responsibility of the authorities in taking appropriate regulatory measures that address drone threats, responsibility of airport managing bodies in implementing appropriate response measures, responsibility of the local Air Traffic Controller in taking appropriate decisions concerning airport or airspace closure. The potential liability of drone pilots should be looked at: they need to comply with local drone regulations and have a duty of carefulness. The potential liability of the C-UAS manufacturers equally needs to be considered, they could incur product – based liability e.g. Aviation industry bodies are currently working on new protocols and certification requirements concerning the deployment of C-UAS technologies.

Aviation Law also is affected by cyber security. Belgium was the first state to implement EU Directive 2022/2555 on measures for a high common level of cybersecurity, the so-called “NIS2” Directive. The Centre for Cybersecurity Belgium (CCB) is a leading national authority in the development of guidelines and online tools to mitigate cyber threats. Airlines and other aviation stakeholders can make use of these guidelines and tools. These guidelines and tools may help the clients e.g. for performing online self-assessments, for reporting cyber incidents, for training the staff employed in Belgium. It gives the clients clarity on what the authorities expect and underlines the importance of compliance. In addition to the “NIS2” legislation, aviation stakeholders must comply with specific aviation cyber security rules as under EU Regulation 2018/1139 for the management of information security risks with a potential impact on aviation safety. Although the clients benefit from the related technological advancements, the multiplication of the cyber security requirements at the same time brings additional complexity for our clients, such as duplication of audits and conflicting standards. The sector hence shows an increased need for regulatory assistance and advise on the subject matter.