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Minimum level of insurance

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assurance aviation

European Community Regulation no. 785/2004

 European Community Regulation no. 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators went into effect on April 30, 2005.

This regulation was introduced in the aftermath of September 11, 2001 to address the reduced insurance supply for the risks of war and terrorism.

It follows on several related regulations or conventions that had already established the notion of minimum insurance requirements:

  • The Rome Convention of 7 October 1952 sets forth an insurance requirement for third parties on the surface. But within the EU, it was only ratified by Italy, Luxembourg, Spain and Belgium, and both Australia and Canada denounced it. It should be noted, however, that the Convention's scope did not include loss or damage caused by acts of war or terrorism.
  • EEC Regulation no. 2407/92 of the Council of 23 July 1992 requires that air carriers contract insurance that covers their liability with respect to passengers, baggage, cargo and third parties in the event of an air disaster. However, it does not indicate minimum insurance requirements or the terms and conditions of insurance.
  • The European Civil Aviation Conference (ECAC) adopted resolution ECAC/25-1 on December 13, 2000, pertaining to minimum insurance requirements for passenger and third party liability, amended on November 27, 2002.


The following points emerge from the regulation:

  • Scope of application (Article 2)

    The new Regulation applies to all air carriers and to all aircraft operators flying within, into, out of, or over the territory of a Member State to which the Treaty applies.

    It does not apply to aircraft, including gliders, with a MTOM of less than 500 kg, and microlights, which are:
    • used for non-commercial purposes or
    • used for local flight instruction which does not entail the crossing of international borders.
  • Amounts of minimum coverage (Articles 6 and 7)

    For air carriers and operators of aircraft within its scope, the regulation sets minimum insurance requirements that vary depending on the type of liability: 
    • For liability in respect of passengers, the minimum insurance cover shall be 250 000 SDRs per passenger.
    • For liability in respect of baggage, the minimum insurance cover shall be 1 000 SDRs per passenger
    • For liability in respect of cargo, the minimum insurance cover shall be 17 SDRs per kilogram in commercial operations.
    • In respect of liability for third parties, the minimum insurance cover per accident, for each and every aircraft vary depending on the weight of the aircraft (from 0.75 million SDRs for those that weigh less than 500 kg, to 700 million SDRs for those that weigh 500 000 kg or more).
  • Insurance certificate or other valid proof of insurance (Article 5 - Compliance)

    Air carriers and, when so required, aircraft operators, must demonstrate compliance with the insurance requirements set out in the Regulation by providing the competent authorities of the Member State concerned with a deposit of an insurance certificate or other evidence of valid insurance.

    Member States that are overflown may require that the aforementioned air carriers and aircraft operators produce evidence of valid insurance.

  • Enforcement and sanctions

    Article 8 of the regulation stipulates that sanctions for infringement shall be "effective, proportional and dissuasive".

    With regard to Community air carriers, these sanctions may include the withdrawal of the operating license.

    With regard to non-Community air carriers and to aircraft operators using aircraft registered outside the Community, the sanctions may include refusal of the right to land on the territory of a Member State.

    In the event a Member State is not satisfied that the conditions of the Regulation are met, they do not allow an aircraft to take off until the air carrier or aircraft operator concerned has produced evidence of adequate insurance cover.

  • Insolvency of insurance market (Articles 5 and 9)

    In exceptional cases of insurance-market failure, the Commission may determine the appropriate measures to ensure that air carriers and aircraft operators are in compliance with the insurance requirements set forth under the regulation. These provisions, which have been devised to ensure that insurance coverage is adequate at all times, may take the form of authorized assistance from governmental assistance, the formation of mutual funds, etc.
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