L 151/52
EN
Official Journal of the European Union
2.6.2022
Air carriers from Russia (65)
On 8 April 2022, air carriers from Russia, which had operated one or more of the aircraft mentioned in recital 4 or 5 of Commission Implementing Regulation (EU) 2022/594 (12), were included in Annex A to Regulation (EC) No 474/2006, by Implementing Regulation (EU) 2022/594.
(66)
On 28 April 2022, the Russian Federal Air Transport Agency (‘FATA’) informed the Commission that it considers any allegations of violations of the international civil aviation standards, as well as any safety concerns referred to in Implementing Regulation (EU) 2022/594, unfounded.
FATA did not, however, provide any information to support its statement.
(67)
As part of its continuous monitoring activities, the Commission has determined that there is evidence that the air carrier I Fly has entered aircraft mentioned in recital 5 of Implementing Regulation (EU) 2022/594 in the aircraft registry of Russia, and that they have knowingly operated these aircraft in breach of the relevant international safety standards.
The entry of the aircraft on the registry of Russia has been done without the consent of the owners, and without subsequent safety related collaboration of the Irish Aviation Authority, as the recognised State of Registry for these aircraft.
(68)
In accordance with Implementing Regulation (EU) 2022/594 and the common criteria in the Annex to Regulation (EC) No 2111/2005, the Commission considers that with respect to air carriers from Russia, the list of air carriers, which are subject to an operating ban within the Union should be amended to include I Fly in Annex A to Regulation (EC) No 474/2006.
(69)
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 Regulation (EU) No 965/2012.
Air carriers from South Sudan (70)
Air carriers certified in South Sudan have never been included in Annex A or B to Regulation (EC) No 474/2006.
(71)
Four fatal accidents, and several other accidents and serious incidents, have occurred in South Sudan in the last four years, often involving aircraft with suspicious registration marks.
(72)
On 26 March 2021, the Commission opened formal consultations with the South Sudan Civil Aviation Authority (‘SSCAA’) pursuant to Article 3(2) of Regulation (EC) No 473/2006.
(73)
In the ensuing exchange of correspondence, SSCAA communicated that the Air Operator Certificate (‘AOC’) of South Sudan Supreme Airlines, whose aircraft was involved in a fatal accident, was suspended, and that due to suspicions related to the registration of the aircraft involved in that accident, SSCAA was reviewing all aircraft operators and AOCs in the country.
Also, SSCAA communicated that improvement actions were ongoing in the development and review of Regulations, Manuals and Training.
Documents that include information regarding SSCAA’s Inspection, Surveillance and Audit Programme, as well as reports on reviews of certain air carriers and on foreign registered aircraft operating in South Sudan, were provided on 5 November 2021.
(74)
On 28 March 2022, SSCAA communicated its answers to the questionnaire sent by the Commission on 26 March 2021.
According to this, the SSCAA has yet to develop and rollout an effective oversight system.
Also, SSCAA notes that, whereas it has not issued any licence or AOC, and that there are no aircraft registered in the country, SSCAA has issued air-operating permits to foreign registered aircraft to operate in South Sudan.
There is no evidence of any oversight activity leading to the issuance of such permits or of the relevant continuous monitoring.
(12) Commission Implementing Regulation (EU) 2022/594 of 8 April 2022 amending Regulation (EC) No 474/2006 as regards the list of air carriers banned from operating or subject to operational restrictions within the Union (OJ L 114, 12.4.2022, p. 49).