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Sir,
The European Aviation Security Association, representing private aviation security providers welcomes the compromise reached between the European Parliament and the Council of the European Union.
Nevertheless, it is regrettable that no solution was found on the very pressing issue of potential unlimited third-party liability and that focus has remained on financing security measures. This comes despite the costs of the consequences of a terrorist event and the subsequent third-party liability, which would have a more significant impact on society.
Third-party liability refers to the liability of an actor for damages towards a non-contractual party. Currently no European or international legislative rules exist regarding the 'third-party liability' of private aviation security providers in case of terrorist attack. The result of this lacuna is that national liability regimes apply, meaning that private security providers may face unlimited liability depending on which national legislation applies.
Current insurance solutions available to security companies are insufficient. The industry is saddled with high insurance premiums that offer only limited coverage. The consequence is that private security providers could face bankruptcy in case of a terrorist event, which is not in the interest of victims or of the economy.
European Aviation Security Association
Brussels
Belgium