Disclaimer:
The information included in the frequently asked questions (FAQs) has been coordinated with relevant services of the EU Commission and intends to help and give guidance to national authorities, EU operators and citizens for the implementation of Council Regulation (EU) No 833/2014 and Council Regulation (EU) No 269/2014. The FAQs do not have binding effect. Under the EU Treaties, Member States are responsible for implementing EU law in their national legal system. In case of individual matters, please contact your competent authority.
What actions has EASA taken in the domain of aircraft maintenance?
EASA has suspended all Part-145 and CAMO approvals issued by EASA to organisations in Russia.
As an organisation approved in accordance with Regulation (EU) 1321/2014, am I allowed to provide maintenance services to Russian operated*, registered, or owned aircraft which is for use in Russia, including engines, components and parts thereof?
*Operated by a natural person which is a resident of Russia, or any legal person, entity or body established in Russia.
According to Article 3c of Regulation (EU) No 833/2014, as amended by Regulation (EU) 2022/328, such aircraft cannot benefit from services regulated under Regulation (EU) 1321/2014 as detailed in the following:
Under Article 3c(4), it is prohibited to provide:
(i) technical assistance (which includes any technical support related to maintenance per Article 1(c)) related to the goods and technology in the Annex; and
(ii) maintenance of those goods and technology,
directly or indirectly, to any natural or legal person, entity or body in Russia or for use in Russia.
In addition, the following terms should be understood as:
(i) “Any natural or legal person, entity or body in Russia” should be understood as covering any natural person which is a resident of Russia, and any legal person, entity or body established in Russia, independently of their citizenship/ownership. A contrario, the expression does not cover Russian citizens or Russian owned companies which are not resident in Russia/established in Russia.
(ii) “For use in Russia” should be understood as covering the sale/supply/transfer/export of goods/services which would be used in Russia, including operations between two points in Russia.
1. Scope of application of Article 3c in relation to maintenance/repair
In light of the above:
It is prohibited, under Article 3c, to provide repair /maintenance services to:
- any aircraft operated by a Russian air carrier, as Russian air carriers are companies incorporated in Russia, hence fall in the scope of “natural or legal persons, entities or bodies in Russia”;
- any aircraft owned by a person which is a resident of Russia, or by a company established in Russia, independently of their citizenship/ownership, as such persons/companies also fall in the scope of “natural or legal persons, entities or bodies in Russia”;
- any aircraft, independently of its ownership, which is being used or will be used for providing air transport services between points inside Russia (whether in connection or not with an international service).
For the sake of clarification, this prohibition applies also if the abovementioned aircraft is grounded in the EU.
It is not prohibited, under Article 3c, to provide repair /maintenance to:
- aircraft which is owned by a natural person which resides outside of Russia, or by a company established outside of Russia, even if the natural person has Russian citizenship or that the company is Russian owned, unless the aircraft is being used or will be used for providing air transport services between points inside Russia (whether in connection or not with an international service).
When an aircraft is owned by a natural or legal person, entity or body in Russia, and is leased to a non-Russian airline/company, it can be repaired/maintained if the leasing contract imposes on the lessee the obligation to maintain that aircraft.
2. The scope of application of Article 3c in relation to technical assistance
The term “technical assistance” is defined in Article 1(c) of Regulation (EU) No 833/2014, as amended by Regulation (EU) 2022/328, as “any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance”.
In light of that definition, and of the above clarification of the meaning of “natural or legal persons, entities or bodies in Russia” and “for use in Russia”:
It is prohibited, under Article 3c, to provide technical assistance (which includes any technical support related to maintenance) related to the aviation goods and technology to:
- any Russian air carrier;
- any natural person which is a resident of Russia, or any company established in Russia, independently of their citizenship/ownership;
- a natural person or company established outside Russia, independently of their citizenship/ownership, where that person will make use of the received assistance/services in Russia, or will use the assistance/service received to provide assistance/services to an aircraft/parts/components used in Russia, including between points inside Russia (whether in connection or not with an international service).
The above prohibition applies independently of whether the assistance/service is physically provided in the territory of the Union or outside.
It is not prohibited, under Article 3c, to provide technical assistance (including maintenance) services related to the aviation goods and technology and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly, to:
- a natural person which resides outside of Russia, or to a company established outside of Russia, even if that natural person has Russian citizenship or that company is Russian owned, unless that natural person or company would make use of the received assistance/services in Russia, or use the assistance/service received to provide assistance/services to an aircraft/parts/components used in Russia, including between points inside Russia (whether in connection or not with an international service).
Furthermore, maintenance organisations are also reminded that the privileges of their EU approval are granted to ensure continuing airworthiness of aircraft, including any component for installation thereto, subject to Regulation (EU) No 1321/2014.
Finally, please see also FAQ #136906 for the situation where the asset freeze list contained in Annex I of Regulation 269/2014 applies.
Is it allowed for a maintenance organisation to provide maintenance services to Russian aircraft subject to the sanctions, including engines, components and parts thereof, to facilitate their storage while they are banned from operating in the EU airspace, e.g. to park aircraft for short term storage, engine preservation etc.?
Maintenance organisations are not prevented from, e.g. towing the sanctioned aircraft to a parking position where it can be stored out of the way and from fixing any leaks etc. to avoid environmental problems, but measures to retain or improve the value or airworthiness of sanctioned aircraft intended for use in Russia, are not as such allowed. For guidance on the interpretation of the restrictive measures affecting aircraft maintenance services, please consult FAQ #136169.
However, maintenance service can be made available for aircraft, including engines, components and parts thereof, owned by EU leasing companies, which are being returned from Russian operators, because at that point they are no longer operated by the Russian operator. The EU leasing company has taken control of the aircraft, engine, component, or part and may return it to a location outside Russia.
Please see however question FAQ #136906 for the situation where the asset freeze list contained in Annex I of Regulation 269/2014 applies.
Is it allowed for an EU maintenance organisation to perform maintenance in Russia in accordance with Regulation (EU) 1321/2014 on EU registered aircraft in order for them to meet the airworthiness requirements necessary for the return flight or in order to meet their leasing return conditions?
Yes, assuming the aircraft is not in Russian register and has been returned to the lessor’s control. This is allowed because once the aircraft has been returned to the (non-Russian) lessor it is no longer chartered, leased or otherwise controlled by a Russian person per Article 3d of Regulation 833/2014.
Is it allowed for a maintenance organisation approved by EASA under Part-145 to perform maintenance on components and provide such components to a non-EU, non-Russian operator, if this operator operates the aircraft to Russia?
Yes, if this aircraft is not being used to fly domestically in Russia, or to otherwise circumvent the sanctions (N.B. Article 12 prohibits any measures that would result in circumventing the sanctions).
Can maintenance services be provided to aircraft operated by an EU operator which is owned by a Russian citizen/entity?
A maintenance organisation should first identify whether a listed individual or entity under EU sanctions* owns or controls the aircraft.
If this is the case, this individual or entity is subject to an asset freeze and a prohibition to make funds and economic resources hence the services should not be provided.
Furthermore, as to the allowability to provide maintenance services, maintenance organisations are invited to consult the guidance provided in FAQ #136169 regarding the interpretation of Article 3c of Regulation (EU) No 833/2014 as regards aircraft to be used in Russia.
Should maintenance services be possible according to Article 3c, please note that Article 3d of Regulation (EU) No 833/2014 forbids the operation in the EU of aircraft operated by Russian air carriers, any Russian registered aircraft, and of any non-Russian-registered aircraft which are owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body. Hence, such aircraft may (unless owned or controlled by an individual or entity subject to an asset freeze/prohibition to make funds and economic resources) receive maintenance services in the EU but be prohibited from flying.
*This can be checked in the Financial Sanctions Files:
https://webgate.ec.europa.eu/fsd/fsf#!/files
EASA suspended certain type certificates (TCs) issued to holders in Russia in accordance with the Sanctions Regulations. A maintenance organisation has one of those TC on its approval. As the competent authority for such maintenance organisation, do we have to limit or suspend partially the approval of the organisations with respect to the suspended TC?
No, the approval certificate does not need to be changed to remove the suspended TC from the privileges of the organisation. The organisations should not perform and certify maintenance on an aircraft type the TC of which has been suspended (per Article 3c(4)), but the privileges of the approval certificate remain unaffected.