BLACKLISTING IN THE EUROPEAN UNION

1. BLACKLISTING IN THE EUROPEAN UNION Mia Wouters Lafili, Van Crombrugghe & Partners Vossendreef 6 b1 Drève des Renards B – 1180 Brussels, Belgium mia.wouters@lafili-law.be + 32 2 373 09 13

2. Regulation 2111/2005 of 14 December 2005 of the European Parliament and Council, on the establishment of a community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating carrier. • and Commission Regulation 473/2006 of March 22 2006, laying down rules of implementation for the Community list of air carriers which are subject to an operating ban within the Community

3. Member States adopted a national blacklist no obligation on National Aviation Authorities to act upon the safety concerns of other Member States. no coordinated efforts different criteria were used to ban unsafe airlines. Most important obstacle was and still is the fear of retaliation.

4. The Blacklisting Regulation consists of 2 ideas: • the establishment and publication of a Community List of carriers which are banned from operating in the EU • and giving information to the passengers on the identity of the air carrier on which they travel.

5. The establishment and publication of the Community List Airlines get on the EU’s blacklist if they do not fulfil the safety criteria listed in the Annex to the Regulation 1. Safety deficiencies on the part of an air carrier appearing out of: • reports showing safety deficiencies, or persistent failure by the carrier to address deficiencies identified by ramp inspections performed under the SAFA programme; • operating ban imposed on a carrier by a third country because of substantiated deficiencies related to international safety standards; • substantiated accident-related information or serious incident-related information indicating latent systemic safety deficiencies.

6. 2. Lack of ability and/or willingness of an air carrier to address safety deficiencies as demonstrated by: • lack of transparency or adequate and timely communication to an enquiry by the civil aviation authority of a Member State regarding the safety aspect of its operation; • inappropriate or insufficient corrective action plan. 3. Lack of ability and/or willingness of the Civil Aviation Authority to address safety deficiencies. • Particular account should be given to: • audits and related corrective action plans established under ICAO’s Universal Safety Oversight Audit Programme or under any applicable Community law; (b) whether the operating authorisation or technical permission of a carrier has previously been refused or revoked by another state; (c) whether the air operator’s certificate has been issued by the competent authority of the state where the carrier has its principle place of business. • One should assess the ability of the state in which the aircraft used by the air carrier are registered, to oversee if the aircraft are used in accordance with the Chicago Convention.

7. The Committee may advise the Commission to impose: • a complete ban Shortcomings are due to the Civil Aviation Authority • or a partial ban on an airline; For instance operation with only one aircraft that meets the standards.

8. To be taken off the list • contact the Commission or a Member State. • the Committee of Aviation Safety Experts will assess the evidence provided by the airline or relevant Civil Aviation Authority and advise the Commission of its findings. • based on the Expert’s opinion, the Commission will then take a formal decision. The same procedure applies if an airline is to be added to the list.

9. The first list of banned operators was published on 22 March 2006 • 93 carriers were subject to an EU-wide ban and 4 were subject to operational restrictions. • these included all carriers certified in the Congo, Equatorial Guinea, Liberia, Sierra Leone and Swaziland. The second list was published on 20 June 2006 • this list increased the number of carriers banned to 176 of which all but 12 were certified by one of the five African countries on the first list. • 3 carriers were subject to operational restrictions.

10. The third list was published on 12 October 2006 • it had more than 140 carriers on it and also included in addition to the ban on all carriers of the 5 African countries, all carriers licensed by the Kyrgyz Republic • creation of a new category of airlines: namely “the warned (cautioned) airlines” : Pulkovo Airline, Pakistan International Airways, Ghana’s Johnsons Air and Cypriot Air The fourth list was published on 5 March 2007 • According to Article 6(1) of Reg. 2111/2005 a ban on the whole Air West fleet, by Germany • Phuket Air from Thailand and Dairo Air Service Cargo, from Uganda/Kenya were withdrawn from the list • a total of 49 carriers that were previously included on the list have been withdrawn since they ceased operations, either because their country revoked or refused to renew their licences or because the airlines themselves decided to wind up their activities

11. The fifth list was published on 4th July • ban on all 51 airlines certified in Indonesia, including national flag carrier Garuda and Indonesia Airasia. • ban on the Angolan passenger carrier, TAAG Angola Airlines • ban on Volare Aviation Enterprise, a cargo operator from the Ukraine • Air Koryo from North Korea, Air West from Sudan, Ariana Afghan Airlines, Blue Wing Airlines and Silverback Cargo stay on the black list • ban on all carriers licensed in the Congo (except Hewa Bora) and on all carriers licensed in Equatorial Guinea, the Kyrgyz Republic, Liberia, Sierra Leone and Swaziland stay on the list • operational ban on Air Bangladesh, Air Service Comores and Hewa Bora • restrictions on PIA, the Pakistan International Airlines are more lenient • the status of Air Service Comores was upgraded. Previously banned outright, it can now operate in Europe with one aircraft • negotiations with: the Russian Federation, Bulgaria the Republic of Moldova • 2 previously banned airlines, Thailand’s Phuket Air and Korea’s Air Koryo, improved their safety but more remains to be done and the Commission found it premature to remove them from the list.

12. The current listwas published on 12 September • list supplemented by Mahan Air of Iran and Ukrainian Mediterranean Airlines • on July 20, Mahan Air of Iran, was immediately banned by the United Kingdom • respectively on 13 and 23 of July Urkrainian Mediterranean Airlines was banned by Italy and Germany • national decision was taken following serious deficiencies which were identified during ramp inspections performed under the SAFA program. • lack of ability to address the safety deficiencies in response to the national requests. • competent Civil Aviation Authorities of Iran and the Ukraine, failed to take the appropriate measures. • after consultations with the concerned airlines and Authorities, the Commission put the 2 airlines also on the EU list.

13. the establishment and publication of a Community List • informing the passengers of the identity of the air carrier inform all passengers of the identity of the operating carrier upon reservation or at the latest at the time of check-in if the operating carrier was not known beforehand, or if changed in the meantime

14. In case the operating carrier is on the black list, the passenger has the right: • to be re-booked or • if only advised at the last minute to be reimbursed for the full cost of the ticket or • to be re-routed to his final destination at the earliest opportunity Only the operating carrier is banned.

15. THANK YOU