FAQ n.136188

What happens to the dry- and wet-leasing arrangements and code-sharing agreements between the EU air operator certificate (AOC) holders and Russian aircraft operators?


In line with Article 3d(1) of Regulation (EU) No 833/2014, it shall be prohibited for any aircraft operated by Russian air carriers, including as a marketing carrier in code-sharing or blocked-space arrangements, or for any Russian-registered aircraft, or for any non-Russian-registered aircraft that is owned or chartered(2) or otherwise controlled(1) by any Russian natural or legal person, entity or body, to land in, take off from or overfly the territory of the European Union.

Accordingly, such leasing agreements should not be approved by National Competent Authorities (NCAs) in accordance with Regulation (EU) No 965/2012. In addition, any existing wet-lease or dry-lease approvals or code-sharing agreements with aircraft operators of Russia or with respect to aircraft registered in Russia should be revoked or terminated, as applicable. It is also prohibited under Article 3c of Regulation (EU) No 833/2014 to lease (supply) aircraft to Russian entities or for use in Russia.

Note 1: The concept of ‘control’ is understood in the ‘economic’ or ‘financial’ sense and not in the ‘technical’ or ‘operational’ sense (cf. para 48 of Judgement of the General Court Case T-233/22).

Note 2: The EU aviation law does not define ‘aircraft charter’. Member States authorities should apply the definition of ‘charter’ in accordance with their national legislation and relevant international agreements.

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