EUROPEAN UNION IMPOSES OPERATING RESTRICTIONS AND BANS ON ADDITIONAL CARRIERS
January 18, 2019
More than a decade ago the European Union adopted Regulation (EC) No 2111/2005, which was enacted to fulfill two goals. First, it sought to establish a “Community List” of carriers that fail to meet relevant safety requirements. These airlines are then subjected either to operational restrictions throughout the EU, or to specific and complete operating bans. Second, it was to ensure that carriers bring the list of banned airlines to the attention of passengers, and inform the traveling public of the identity of those carriers on which restrictions/bans have been imposed. This is because passengers have a right of reimbursement/rerouting if their flight is cancelled as a result of the operating carrier being placed on the Community List.
Last month, the European Commission updated the list of carriers that are subject either to an operating ban or operational restrictions on flights within the European Union. The latest update, which took effect on November 28, 2018, listed the banned or restricted carriers in Annexes A and B. Annex A includes those carriers whose entire operations are subject to a ban and Annex B lists the carriers that are subject to operational restrictions.
Annex A includes all carriers certified by the authorities of the following countries: Afghanistan, Angola (except TAAG put in annex B), Republic of Congo, Democratic Republic of Congo (DRC) Djibouti, Equatorial Guinea, Eritrea, Gabon (except Afrijet and SN2AG put in Annex B), Kyrgyz Republic, Liberia, Libya, Nepal, Sao Tome and Principe, Sierra Leone, and Sudan.
In addition, the following six airlines are also listed in Annex A, meaning they cannot operate to the EU: Avior Airlines (Venezuela), Blue Wing Airlines (Suriname), Iran Aseman Airlines (Iran), Iraqi Airways (Iraq), Med-View (Nigeria), and Air Zimbabwe (Zimbabwe).
Annex B lists those carriers that are subject to operational restrictions, and includes: Afrijet and Nouvelle Air Affaires SN2AG (Gabon), Air Koryo (Democratic People’s Republic of Korea), Air Service Comores (the Comoros), Iran Air (Iran) and TAAG Angola Airlines (Angola). These airlines may only operate to the EU with specific, pre-authorized aircraft types.
The full November 28, 2018 update is available here: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2018.304.01.0010.01.ENG&toc=OJ:L:2018:304:TOC
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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