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The European Commission ("Commission") published an updated European Union (“EU”) Air Safety List ("ASL"), which is a list of airlines that are subject to an operating ban or operational limitations inside the EU since they do not fulfill international safety requirements. While it is mentioned that the rules defining the list of prohibited carriers apply to all air carriers, whether they are EU or non-EU based, it is also stated that they only apply to commercial air transport, i.e., air transport of people and freight for payment or hiring. The rules, however, do not apply to private or non-commercial flights.
According to the Commission, such an update is based on the unanimous opinion of aviation safety experts from the EU member states who convened by videoconference on November 9-11, 2021, under the auspices of the EU Air Safety Committee. It was also noted that, while the Commission chairs the EU Air Safety Committee, with assistance from the EU Aviation Safety Agency, the European Parliament's Transport Committee also supports the ASL's updating. The assessment is performed in comparison to international safety standards, namely those issued by the International Civil Aviation Organization.
The Commission further affirmed that guaranteeing the highest level of air safety for Europeans and all other passengers traveling to and within the EU is at the core of the Commission's aviation safety policy. It was explained that the carriers on the ASL are not permitted to operate to, within, or from the EU. Carriers who do not operate within the EU may also be included on the ASL to alert passengers traveling outside of the EU to safety risks. If a third country's safety authorities are unable to meet their international safety supervision requirements, all carriers from that country may be placed on the ASL.
Along with the update, while all Moldovan airlines have been removed from the ASL as a result of advances in aviation safety in the country, one Russian airline has been added to the ASL due to concerns about its ability to comply with international standards. Additionally, 97 airlines are banned from EU skies with the update. It is indicated by the Commission that 90 of the banned airlines certified in 15 states, due to inadequate safety oversight by the aviation authorities from these states, and seven individual airlines, based on serious safety deficiencies identified as Avior Airlines from Venezuela, Blue Wing Airlines from Suriname, Iran Aseman Airlines from Iran, Iraqi Airways from Iraq, Med-View Airlines from Nigeria, Skol Airline LLC from Russia, and Air Zimbabwe from Zimbabwe. Further, the Commission noted that an additional two airlines as Iran Air from Iran and Air Koryo from North Korea are subjected to operational restrictions and can only fly to the EU with specific aircraft types.
Finally, the Commission emphasized that the ASL does not exclude EU member states from implementing particular security measures at the national level, with the basic idea being that any action implemented at the national level should also be reviewed at the EU level. In addition, when an airline is found unsafe and so banned in an EU member state, there is an EU level review to ensure that this step is applied across the EU. Even though a prohibition does not apply to the EU, EU member states have the option to act at the national level in some exceptional situations, such as in an emergency or in response to a security threat that is particularly relevant to them.
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