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.
Are aircraft registered in Russia or operated by Russian operators allowed to fly into the EU?
No, except in case of some limited exceptions. In accordance with Regulation (EU) 833/2014 it is 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 which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, to land in, take off from or overfly the territory of the Union, except in case of an emergency landing or emergency overflight.
Regulation (EU) 833/2014 prohibits any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural to land in, take off from or overfly the territory of the Union, except in case of an emergency landing or emergency overflight. Does this prohibition coverall also natural persons with a dual nationality?
Russian natural person should be understood as any person with Russian nationality, regardless of whether that person also possess another nationality, citizenships or a permanent residency in the EU.
If the aircraft is rented by an EU or 3rd country resident, but the flight is from Russia to the EU, is it allowed? Alternatively, if there is at least one Russian citizen who is not on the sanction list, is it allowed to approve these flights?
Landing or taking off from the EU is allowed only if (i) the aircraft is not operated by a Russian air carrier, (ii) the aircraft is not registered in Russia (iii) the aircraft is not owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body; and (iv) there are no persons on board the aircraft who are subject to a listing under the Sanctions Regulations.
In line with article 3d(1) 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 which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, to land in, take off from or overfly the territory of the Union.
Therefore, it should be noted that the Regulation does not forbid to take Russian citizens on board, however aircraft cannot be rented (chartered) by Russian citizens. If there are more people on board (10 people rented aircraft, while 2 of them are RU citizens) it is up to the authority to make sure there is no circumvention of the prohibition.
What happens to the dry and wet leasing arrangements and code-sharing agreements between the EU AOC holders and Russian aircraft operators?
In line with Article 3d (1), 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 which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, to land in, take off from or overfly the territory of the Union.
Accordingly, such leasing agreements should not be approved by National Competent Authorities 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.
My organisation is a navigational database provider established in the EU. Am I allowed to provide updates of my product to my Russian customer?
No. Providing updates to navigational database falls under the EU restrictive measures according to which it is prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology suited for use in aviation or the space industry (i.e. aircraft, spacecraft and parts thereof), whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia (ref. Art. 3c(1) of Regulation (EU) 833/2014).
In addition, Article 2a of that Regulation explicitly bans the export of goods and technology which might contribute to Russia’s military and technological enhancement, such as software and technology for the “development”, “production” or “use” of navigation, airborne communication and other avionics equipment (cf. items X.D.V.001 and X.E.V.001 of Annex VII of the same regulation).
As a Russian citizen, am I allowed to fly an aircraft for private purposes in the airspace of the EU (e.g. exercise the privileges of my PPL, SPL, BPL or national pilot license issued to fly Annex I aircraft, such as microlights, etc.)?
No. According to Article 3d of Regulation (EU) No 833/2014, it is prohibited - among others - for any Russian registered aircraft, or for any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, to land in, take off from or overfly the territory of the Union.
Exercising private pilot privileges by Russian citizens, regardless of them holding another citizenship, falls under the prohibition for Russian natural persons to own, charter (any form of renting etc.) any aircraft in the airspace of the EU.
Is it allowed for Russian citizens to fly, either as pilot-in-command or co-pilot, a non-Russian registered aircraft that performs flights under a non-Russian air operator certificate (AOC), or an aircraft the owner of which is not Russian?
Yes, such flights are allowed provided that the pilot is an employee (or similar) of an air carrier or aircraft operator, provided that the aircraft is not operated by a Russian air carrier, not registered in Russia and not owned or chartered or otherwise controlled by any Russian natural or legal person, entity or body.
However, Russian citizens, if employed by a Russian operator, or operating privately with for example a PPL, are covered by the prohibition under Article 3dand are not allowed to land in, take off from or overfly the territory of the EU.
Is it allowed to register, and then fly an aircraft in an EU Member State when the aircraft is owned by a company incorporated in the EU, but the owner of that company is a Russian natural person?
The Sanctions Regulations do not prevent an EU Member State from putting the aircraft on its national register, but after registration the aircraft may not be allowed to fly:
- (i) if the owner of the company is a Russian citizen, the aircraft is not allowed to take off, land in or overfly the EU in accordance with Article 3d. The fact that the company is registered in an EU Member State does not change this.
- (ii) it is not possible to provide any economic resources, which includes services, to persons subject to an asset freeze and a prohibition to make resources available under EU sanctions, (e.g. Regulation 269/2014), hence it would not be possible to register any aircraft owned, directly or indirectly, or otherwise controlled by ‘listed’ Russian persons.
Why do the restrictive measures not include a general ban on an air carrier established in the EU (an AOC) from operating aircraft that would fall within the scope of article 3d(1) of Regulation (EU) No 833/2014 for flights outside the EU?
The measures are designed to affect flights into/from/over the EU territory.