Do the Sanctions Regulations supersede the continued-airworthiness obligations of the EU type certificate holders (TCHs) stemming from Regulation (EU) No 748/2012, hence, the continued airworthiness support to Russian operators and owners should be stopped?
Answer
Yes, the Sanctions Regulations supersede the continued-airworthiness support obligations of the EU TCHs and other design approval holders. In particular, with Article 3c (4)(a) of Regulation (EU) No 833/2014, as amended by Regulation (EU) 2022/328 of 25 February 2022, it is prohibited to provide technical assistance or other services related to the goods and technology suited for use in aviation or the space industry, whether or not originating in the Union, and to the provision, manufacture, maintenance and use 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, pursuant to Article 3c(4)(c) of Regulation (EU) No 833/2014, as amended by Regulation (EU) 2023/1214 of 23 June 2023, it is prohibited to sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or reuse any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology suited for use in aviation or the space industry and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia.