Lexis Middle East Air Transport 2020 - Wasel & Wasel
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Lexis Middle East
®
Air Transport 2020
Type Questions and Answers
Date 22 janv. 2020
Source GCC - Middle East Corporate Counsel Advisor
Jurisdiction Qatar
Document link: https://bo-meo.lexisnexis.fr/pg/gcc/Qatar_Air_Transport_2020
https://www.lexismiddleeast.comAir Transport 2020
Table of contents
1. Which international treaties governing air transport is this country a signatory to? ................................................................ 3
2. What is the name of the air regulator(s) in this country and what are the main regulatory areas they have in their remit? ..... 3
3. What are the most important differences in the way air transport law and regulation operates in this jurisdiction compared
to other major jurisdictions? .......................................................................................................................................................... 4
4. What licenses and from whom are required for an airline to facilitate public transport in this country? .................................. 4
5. Under what general circumstances can operation licenses be cancelled? .................................................................................. 4
6. Are there appeal routes if an application for a license to operate an air transport company in this jurisdiction is refused? ......
4
7. Are there any rules or regulations on the cost of airfares, what they should include and how they need to be advertised? ..... 4
8. Are there rules governing the opening of branches by air transport companies in this country? .............................................. 4
9. Can sanctions prevent the operation of specific air transport companies in this country and how are they generally imposed?
....................................................................................................................................................................................................... 5
10. What are the rules governing compensation for air passengers for delays or cancellation of flights? ..................................... 5
11. Do the rules for compensation for air passengers for delays or cancellation differ depending on whether the customer has
purchased flight only or a package? ............................................................................................................................................... 5
12. What are the rules governing compensation for air passengers for loss or damage to luggage? ............................................. 5
13. What are the main defences for liability for damage and loss of baggage or cargo? ................................................................ 5
14. What are the rules governing compensation for loss or damage of cargo transported by air? ................................................. 5
15. Is it possible under contract for parties to agree to different compensation terms for loss or damage of cargo transported by
air? ................................................................................................................................................................................................. 5
16. What is classified as international and what is classified as domestic air transport in this context [country?] and what are
the main differences of the two statuses? ...................................................................................................................................... 5
17. Which agency in this country is responsible for health and safety rules in relation to aircraft? ............................................. 5
18. What are the rules governing successive air carriers in this jurisdiction? ................................................................................ 5
19. What are the rules governing a situation in this jurisdiction where carriage is partly by air and partly by another means of
transport? ...................................................................................................................................................................................... 6
20. What are the mandatory insurance obligations for air transport operators in this jurisdiction? ............................................. 6
21. Are there any taxes or duties payable by those operating air transport businesses? ............................................................... 6
22. Are there any rules on the documentation which must be provided as part of an air ticket? .................................................. 7
23. Are there any rules on the documentation of cargo which is to be transported by air? ........................................................... 7
24. Is the airline responsible for compliance with any specific security checks of passengers or cargo? ....................................... 7
25. How does the air carriers responsibility for death or injury to a passenger during flight, embarking or disembarking work? ..
7
26. What are the rules governing compensation if a passenger is prevented from boarding a flight? ........................................... 7
27. What rights do air carriers have to prevent a passenger from boarding due to bad behaviour? ............................................... 7
28. In what circumstances does an air carrier have the right to dispose of cargo? ........................................................................ 7
29. Are there any time limits for making claims for lost or damaged cargo or baggage? ............................................................... 7
30. Are there any time limits for making claims for delays or cancellations of passenger journeys? ............................................ 7
31. Are there any specific rules governing the carriage and reported carriage of dangerous goods? ............................................. 8
32. Are there any specific rules governing the reporting of accidents which occur while an air carrier is in this jurisdiction? ..... 8
33. Are there any specific rules governing the training and updating of staff? ............................................................................. 8
34. Are there any rules governing the carriage of weapons including weapons used in sports? .................................................... 8
35. Are there any rules governing competition within the air transport market in this jurisdiction? ........................................... 8
36. Are there rules governing the ownership of air transport companies in this jurisdiction? ...................................................... 8
Firm ................................................................................................................................................................................................ 8
Author ............................................................................................................................................................................................ 9
2 https://www.lexismiddleeast.comAir Transport 2020
1. Which international treaties governing air transport is this country a signatory to?
Qatar has ratified the following major air law treaties:
the Chicago Convention of 1944 on International Civil Aviation on 5 September 1971, which came into effect on 5
October 1971;
the 1948 Geneva Convention on the International Recognition of Rights in Aircraft on 20 April 2007, which came into
effect on 19 July 2007; and
the Convention for the Unification of Certain Rules for International Carriage by Air on 15 November 2004, which came
into effect on 14 January 2005.
Qatar has not ratified the 1933 Convention for the Unification of Certain Rules Relating to the Precautionary Arrest of Aircraft
(the Rome Convention) or the 2001 Cape Town Convention on International Interests in Mobile Equipment and the associated
Protocol on Matters Specific to Aircraft Equipment (the Cape Town Convention).
2. What is the name of the air regulator(s) in this country and what are the main regulatory
areas they have in their remit?
The air regulator is the Qatar Civil Aviation Authority (QCAA). The QCAA was established in 2001 in line with Qatar Law No.
16/ 2001. The QCAA works to implement the provisions of the Civil Aviation Law, Qatar Law No. 15/2002 (as amended in 2008
and 2011) in line with the requirements and developments in the Aviation sector locally, regionally and globally. QCAA is a
legal entity and it is allocated a budget affiliated with the budget of the Ministry of Transport and Communication.
The functions of the QCAA are:
Planning and policy development related to the civil aviation and meteorological facilities, following up on their
implementation, reviewing them and evaluating failures and successes.
Creating and strengthening relations with international organisations to participate in the proposal and
implementation of international conventions and treaties.
Preparing and implementing the State Aviation Safety Plan.
Managing and operating of civil airports in the country and ensuring compliance and suitability to the conditions of air
navigation.
Updating Contracts and bilateral agreements on air services with other States and regulating air transport rights to and
from the State.
Checking the air navigation services facilities and laying the foundations for their protection and safety.
Determining the conditions for registration of all aircraft in the country and issuing certificates of airworthiness.
Verifying the implementation of international regulations recognised at the state airports and cooperating with
regional, Arab and international organisations, unions and bodies.
Investigating aviation accidents and establishing the necessary rules.
Supervising the validity and maintaining aircraft and their conformity with international standards, granting
certificates, licenses and licenses necessary for their practice, and places where maintenance operations are carried out.
Granting licenses to air transport companies, supervising them with regard to the procedures of conducting
commercial and private airlines, supervising them and ensuring compliance with the applicable rules.
Proposing charges of landing, transit, departure of various aircrafts and of fee collection methods.
Managing, carrying out maintenance and developing weather stations and all related weather forecast facilities.
Carrying out the weather report based on aviation and marine forecasting to be distributed to concerned state
departments.
Creating a data bank including all weather reports and related periodic weather data and records, or any information on
the State of Qatar or neighbouring states.
Establishing contracts with local or foreign aviation-related companies with a view to realising QCAA objectives,
partnering, purchasing, or merging, upon the approval of the Council of Ministers.
Proposing legislation on Civil Aviation and weather forecast affairs.
https://www.lexismiddleeast.com 3Air Transport 2020
Representing the State in QCAA related meetings and conferences, together with the relevant bodies.
3. What are the most important differences in the way air transport law and regulation operates
in this jurisdiction compared to other major jurisdictions?
Like other countries, the provisions of the Chicago Convention and other international civil aviation treaties and conventions
to which Qatar has ratified or will ratify in the future will apply.
4. What licenses and from whom are required for an airline to facilitate public transport in this
country?
The following legislation is relevant in relation to aircraft registration of ownership:
Qatar Law No. 15/2002 on Civil Aviation, as amended (the CAA Law);
Qatar Regulation No. 1001/2006 laying down the implementation rules governing aircraft registration in Qatar, as
amended (the CAA Regulations); and
Qatar Law No. 22/2004 on Civil Law (the Civil Code).
Aircraft will not be operated in Qatar without prior authorisation or permit issued by the Civil Aviation Authority which will
also determine the requirements for it.
The operator will be authorised to conduct certain air operations under the Civil Aviation Law, Qatar Law No. 15/2002, an
international convention to which Qatar accedes, a valid air transport agreement between the State and another State to
regulate air transport or internal regulations established by the Civil Aviation Authority. The authorisation or permit will be
given individually and will not be passed on to other parties.
5. Under what general circumstances can operation licenses be cancelled?
Article 11 of QCAR31 Regulations provide the QCAA will cancel the permit or authorisation in the following cases:
i. The national economic interest requires;
ii. If the air operator stops practising the authorised activity for a period of six months;
iii. If the air operator practices unauthorised activities;
iv. If the air operator failed any of the requirements contained in the Regulations;
v. If the air operator failed to obtain an AOC within one year from the date of issuing the authorisation or if the QCAA
revoked the certificate without obtaining a new certificate after three months;
vi. Failure to comply with conditions and regulations of aviation safety and aviation security;
vii. Company lacking financial capability;
viii. Breach or failure to meet any obligations towards passengers in connection with authorized activity;
ix. Practising any type of deception or unfair competition amongst authorised companies;
x. If an AOC has been cancelled;
xi. If the company has been liquidated or declared bankrupt or changes of any critical factors affecting its legal status
like acquisition or merger;
xii. Failure to provide CAA with a copy of the annual audited financial statements at the end of each financial year;
xiii. In case of refusal of allowing CAA inspectors performing their duties for safety inspection or financial inspection,
according to the applied oversight system or failure to take corrective action needed as a result of inspection if any.
6. Are there appeal routes if an application for a license to operate an air transport company in
this jurisdiction is refused?
Yes, an application which is refused may be appealed within 30 days of the notification to the Committee of Appeal in the
QCAA.
7. Are there any rules or regulations on the cost of airfares, what they should include and how
they need to be advertised?
Under review.
8. Are there rules governing the opening of branches by air transport companies in this country?
The Qatar Companies Commercial Law, Qatar Law No. 11/2015 provides details of the types of legal entities which can be
created in Qatar.
4 https://www.lexismiddleeast.comAir Transport 2020
9. Can sanctions prevent the operation of specific air transport companies in this country and
how are they generally imposed?
N/A.
10. What are the rules governing compensation for air passengers for delays or cancellation of
flights?
There are no local laws in Qatar. However, international conventions may apply:
(i) The Montreal Convention 2003 sets out passenger rights for several types of flight disruption: delays, flight
cancellations, or boarding denials and may be applicable to international flights between countries which are
signatories to the Montreal Convention. Qatar has ratified the Montreal Convention.
(ii) Under EU Regulation 261/2004, passengers are entitled to up to 600 Euros in compensation when their flight lands
at their destination more than three hours late. While for cancelled flights, passengers have the right to take an
alternative flight with the same airline to the intended destination, or cancel the flight and receive a full refund.
Airlines may not be liable if the delay is caused by an extraordinary circumstance, such as bad weather or crew strikes.
11. Do the rules for compensation for air passengers for delays or cancellation differ depending
on whether the customer has purchased flight only or a package?
There are no laws in Qatar in this area.
12. What are the rules governing compensation for air passengers for loss or damage to luggage?
Compensation for the damage caused by the Carrier to third parties on the surface in the territory of Qatar will be determined
in line with the International Conventions, Qatar has ratified.
13. What are the main defences for liability for damage and loss of baggage or cargo?
The carrier's defence to liability for loss or damage to cargo will be determined in line with the International Conventions to
which Qatar is a party.
14. What are the rules governing compensation for loss or damage of cargo transported by air?
The liability of the carrier for loss or damage to cargo will depend on the international convention which applies to the
contract of carriage:
1. the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12
October 1929; (the Warsaw Convention);
2. the Warsaw Convention as amended at The Hague on 28 September 1955;
3. the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975;
4. the Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 2 of Montreal 1975;
5. the Warsaw Convention as amended at The Hague 1955 and by Protocol No. 4 of Montreal 1975.
15. Is it possible under contract for parties to agree to different compensation terms for loss or
damage of cargo transported by air?
Parties to a codeshare agreement may agree different compensation between airlines but not between an airline and the
passenger.
16. What is classified as international and what is classified as domestic air transport in this
context [country?] and what are the main differences of the two statuses?
There are no domestic flights in Qatar at this time.
17. Which agency in this country is responsible for health and safety rules in relation to aircraft?
The Qatar Civil Aviation Authority is responsible for the health and safety rules in relation to aircraft.
18. What are the rules governing successive air carriers in this jurisdiction?
Carriage to be performed under one contract of carriage by several successive carriers is regarded as a single operation.
https://www.lexismiddleeast.com 5Air Transport 2020
19. What are the rules governing a situation in this jurisdiction where carriage is partly by air
and partly by another means of transport?
Land transport is governed by Qatar Law No. 8/2019 on the regulation of road transport and Qatar Law No. 9/2019 on road
transport of hazardous substances.
For sea transport, Qatar Law No. 29/1966 on Qatar Maritime Ports applies.
20. What are the mandatory insurance obligations for air transport operators in this
jurisdiction?
Insurance in Qatar is regulated by QCB Law. The QCB issued Qatar Decision No. 12016 on executive instructions for insurance
sector and principles of governance of insurance companies. Under the provisions of the QCB Law, which came into force in
April 2016 (the QCB Insurance Regulations). The QCB Insurance Regulations govern insurance companies incorporated (as
joint stock companies) in Qatar (including their branches), representative offices and branches of foreign insurance companies
and all natural and artificial persons providing insurance services in or through Qatar. Article 95 of the QCB Law states money
and property located in Qatar may not be insured in another country (i.e. insured in Qatar by insurance companies regulated
by the QCB). However, there is no restriction on reinsurance outside Qatar.
The CAA Law also requires the aircraft crew, passengers and cargo and third parties on the ground must be insured by a
certified insurance company under the laws of Qatar if the aircraft is registered in Qatar. To this end, the QCAA has issued a
Finance Fitness Assessment Guidance Material for Air Operator Certificate Applicants and Holders (Guidelines), last updated
in October 2018. The Guidelines are for (i) operators of air ambulances, aircrafts with capacity of up to 20 seats or outsized air
cargo operators and (ii) regular passenger, non-scheduled passenger and all cargo operators.
With regard to the minimum level of insurance for passengers, baggage and cargo, the following limits apply:
passengers at 250,000 SDR (SDR is special drawing right, which is an international currency unit defined by the
International Monetary Fund. As of 15 April 2019 one Qatari riyal approximately equalled 0.198 SDR) per passenger
(10,000 SDR for aircraft capacity up to 20 seats or less than 10 tonnes maximum take-off weight);
baggage-1,000 SDR per passenger; and
cargo-17 SDR per kg.
With regard to third-party liability, the following applies:
Category Maximum take-off weight (kg) Minimum insurance (million SDRs)
1 < 5,999 7
2 6,000-11,999 18
3 12,000-24,999 80
4 25,000-49,999 150
5 50,000- 99,999 300
6 200,000- 99,999 500
7 > 500,000 700
A minimum percentage of cover which a local insurer is obliged to retain is not prescribed.
21. Are there any taxes or duties payable by those operating air transport businesses?
A fixed rate of tax is 10% of a company's Total State Income, paid annually. This fixed rate is only applicable on businesses.
Typical business costs are deductible and losses can be rolled over for a period no longer than three years from the original
accounting declaration. More in-depth information can be found in Qatar Law No. 21/2009 related to Income Tax.
A company is required to pay tax on income which has been generated in from sources in Qatar during the previous tax year.
This Total State Income includes:
i. Operating any commercial activity in the State. (‘Commercial Activity' means any profession, vocation, service, trade,
industry, speculation, contractual work or any profit and income making business.
ii. Contracts being executed totally or partially within the State.
iii. Properties in the State; including income from selling stocks, company shares, and individual companies which
owns real estate assets in the State.
iv. Services provided by the main company, branches and other related firms.
v. Income on loans provided by the State.
Qatar has favourable Double Taxation Agreements with over 40 countries.
6 https://www.lexismiddleeast.comAir Transport 2020
Qatar has favourable Double Taxation Agreements with over 40 countries.
22. Are there any rules on the documentation which must be provided as part of an air ticket?
Yes. QCAR 31 Article 9 states a contact between the air transport operator and passengers will be expressed in writing (travel
tickets) according to internationally applicable standards and applicable format and must include conditions of carriage. These
will be notified to the CAA.
23. Are there any rules on the documentation of cargo which is to be transported by air?
Yes. There are import requirements as well when the cargo enters Qatar. For example, for commercial shipments, an original
signed and stamped Commercial Invoice and an original Certificate of Origin must be provided regardless of the value of the
cargo.
24. Is the airline responsible for compliance with any specific security checks of passengers or
cargo?
Aviation service providers are required to create and maintain a security programme (including security checks of passengers
or cargo) in line with the Qatar National Civil Aviation Security Programme.
25. How does the air carriers responsibility for death or injury to a passenger during flight,
embarking or disembarking work?
There are no rules in Qatar regarding this.
26. What are the rules governing compensation if a passenger is prevented from boarding a
flight?
There are no rules in Qatar regarding this.
27. What rights do air carriers have to prevent a passenger from boarding due to bad behaviour?
Qatar is a signatory to the Montreal Protocol of 2014 (MP14 which amends the Tokyo Convention of 1963) -Convention on
Offenses and Certain Other Acts Committed on Board Aircraft .The majority of the protocol's provisions are part of Qatar's
Civil Aviation Law, Qatar Law No. 15/2002. MP14 contains other significant amendments, which now provide greater clarity as
to what, as a minimum, constitutes unruly behaviour. The Protocol makes it clear this includes the physical assault of, or
threat to assault a crew member or another passenger, as well as the refusal to follow lawful instruction given by or on behalf
of the Pilot in Command for safety purposes.MP14 states that if, in the PIC's opinion, the incident constitutes a ‘serious
offence' (i.e the PIC no longer has to consider whether it is an offence under ‘the State of registration of the aircraft') this will
be enough to justify delivery of the passenger to law enforcement.MP14 reinforces the right of carriers to seek recovery of the
costs from unruly passengers.
28. In what circumstances does an air carrier have the right to dispose of cargo?
There are no rules in Qatar regarding this.
29. Are there any time limits for making claims for lost or damaged cargo or baggage?
As per applicable international convention for air transport:
a. in the case of visible damage to or partial loss of the goods, immediately after its discovery and at the latest within
fourteen (14) days from the date of receipt of the goods;
b. in the case of other damage to the goods, within fourteen (14) days from the date of receipt of the goods;
c. in the case of delay, within twenty one (21) days from the date on which the goods were placed at the disposal of the
person entitled to delivery;
d. in the case of non-delivery of the goods, within one hundred and twenty (120) days of the date of issue of the air
waybill or the date of the shipment record, whichever is applicable.
The right to damages will be extinguished if an action is not brought within two (2) years, reckoned from the date of arrival at
the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the transportation
stopped. The method of calculating this period will be determined by the law of the court seized of the case.
30. Are there any time limits for making claims for delays or cancellations of passenger
journeys?
Under the Montreal Convention, the right to damages will be extinguished if an action is not brought within two (2) years,
reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the
date on which the transportation stopped regardless of the country where the claim is made. Under EC261, the time limit
depends on the statutory time limit of the EU member state.
https://www.lexismiddleeast.com 7Air Transport 2020 31. Are there any specific rules governing the carriage and reported carriage of dangerous goods? The Civil Aviation Authority has issued regulations regarding the air transport of dangerous goods. Carriers are required to adopt international IATA and ICAO standards as well. 32. Are there any specific rules governing the reporting of accidents which occur while an air carrier is in this jurisdiction? Reports of accidents will be made to the Qatar CAA and any other relevant authority as applicable. 33. Are there any specific rules governing the training and updating of staff? The Civil Aviation Authority develops the recruitment requirements and sets standards for the qualification and technical expertise required of those working in the field of aviation safety in coordination with the relevant administrative units. It also issues personnel licenses for flight crew, aircraft maintenance personnel and air traffic controllers in line with applicable regulations and certifies aviation training centres and aviation medical centres and approve aviation examiners in line with the applicable QCAA regulations. 34. Are there any rules governing the carriage of weapons including weapons used in sports? Carriage of weapons and ammunition is subject to ICAO and IATA Dangerous Goods Regulations. The appropriate import and export licenses must be presented to the airline before travel. Sports ammunition (in divisions 1.4S, UN 0012 or UN 0014 only) is limited to a maximum of 5kg per passenger. 35. Are there any rules governing competition within the air transport market in this jurisdiction? Under review. 36. Are there rules governing the ownership of air transport companies in this jurisdiction? The Qatar Companies Commercial Law, Qatar Law No. 11/2015 provides details of the ownership of companies in Qatar. Firm Wasel & Waselhttps://waselandwasel.com Description Wasel & Wasel is a precedent-setting, global disputes practice, with a Middle East focus. The firm's lawyers make an all-star team drawn from the top ranks of premier law firms, holding degrees from Ivy League universities, have worked on multi- billion-dollar matters, and have held senior positions in government. W&W's clients include multinationals, Fortune 500 companies, high-net worth family businesses and ultra-high-net worth individuals. 8 https://www.lexismiddleeast.com
Air Transport 2020
Author
Ben Swagerman
Of Counsel, Wasel & Wasel
bswagerman@waselandwasel.com;
Biography
Ben Swagerman is a former Dutch politician and public prosecutor. He was a member of the Dutch Senate in the First
Chamber of Parliament from 2011 until 2016. Between 2002 and 2006, Ben was Chief Public Prosecutor in Roermond, in the
Netherlands. From 2006 until 2016 he served as Senior Vice President of KLM Security Services. He subsequently was
appointed Chief Legal & Compliance Officer at Qatar Airways until late 2018.
Ben oversees the firm's Utrecht office, focusing on Middle East related matters in the fields of data privacy and business
crime. He also currently serves as an interim Judge at the Court of Appeal in ‘s-Hertogenbosch in the Netherlands and holds
a Ph.D. in Corporate and Social Economic Law.
Ben has in-depth experience in complex legal issues, including aviation and safety and security, in addition to quality,
change and risk management disciplines, with extensive experience in managing complex processes and a great variety of
professionals. Ben has exceptional rhetoric (public speaking) and communication skills. He has significant experience as an
agile leader in multicultural and international environments.
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