12.4.2022
EN
Official Journal of the European Union
L 114/51
(15)
On 1 April 2022, the Commission noted that FATA had not indicated, as requested in the letter of the Commission transmitted to FATA on 21 March 2022, its intent to use its right of defence, as provided for in Regulation (EC) No 2111/2005.
(16)
On 5 April 2022, the EU Air Safety Committee met to discuss the situation of the safety performance of the air carriers certified by FATA, as well as the ability of FATA to comply with the international aviation safety standards.
The EU Air Safety Committee noted the breaches of the Chicago Convention referred to in recitals (6) and (7), as well as the violation of the applicable international civil aviation safety standards referred to in recital (10).
It also noted the absence of willingness to cooperate with the Commission and the EU Member States, on the question of the capacity of FATA and the air carriers it has certified, to ensure the continuing airworthiness and operational safety of the air carriers’ fleet, including the aircraft referred to in recitals (4) and (5).
(17)
Further consideration was also given to the consequential impact of the restrictive measures resulting from Council Regulation (EU) 2022/328 (5) amending Regulation (EU) No 833/2014, and notably the short term operational impact of having only limited access to updates of Navigation databases, and Ground Proximity Warning Systems Databases, thus seriously impairing the safe navigation abilities of the aircraft operated by air carriers certified by FATA.
(18)
Note was taken of the fact that, as a result of the applicable restrictive measures, engineering and technical support to air carriers certified by FATA has become limited.
Moreover, the lack of this engineering and technical support, coupled with the increased surveillance activity stemming from the addition of the significant number of new aircraft on the Russian registry, will increase FATA’s workload and the need for expertise, which is unlikely to be immediately achievable considering, on the one hand, the Article 83bis Agreement conditions under which such activity have been handled in Russia to date, and the consequences of the applicable restrictive measures on the other hand.
(19)
In view of the aforementioned violations and the lack of willingness to cooperate with the Commission and the EU Member States by addressing the specific points and concerns raised by the Commission in its letter of 21 March 2022, the Commission and the EU Air Safety Committee concluded, in line with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, including notably the third criterion, that there is no evidence that FATA is able to discharge its responsibilities under the Chicago Convention and the standards contained in the Annexes thereto as regards the air carriers certified by FATA operating aircraft referred to in recitals (4) and (5).
(20)
Furthermore, in line with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, and particularly with the first criterion, the air carriers certified by FATA which have operated one or more of the aircraft mentioned in recital 4 and 5 have, by doing so, demonstrated serious safety deficiencies by allowing flight operations to take place in breach of relevant international safety standards applicable to commercial air transportation.
(21)
In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission considers that the list of air carriers, which are subject to an operating ban within the Union, as set out in Annex A to Regulation (EC) No 474/2006, should be amended to include all air carriers certified in Russia operating aircraft referred to in recitals (4) and (5).
(22)
Member States should continue verifying the effective compliance of air carriers certified by FATA with the relevant international safety standards, through prioritisation of ramp inspections of those air carriers pursuant to Commission Regulation (EU) No 965/2012 (6).
(5) Council Regulation (EU) 2022/328 of 25 February 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 49, 25.2.2022, p. 1).
(6) 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 (OJ L 296, 25.10.2012, p. 1).