Aircraft operations - Restrictive measures Russia

No, except in case of some limited exceptions. In accordance with Regulation (EU) No 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 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, except in case of an emergency landing or emergency overflight.

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.

As Russian natural person should be understood any person with Russian nationality, regardless of whether that person also possesses another nationality, citizenship(s) or has permanent residency in the European Union.

Landing in or taking off from the European Union is allowed only if:

1. the aircraft is not operated by a Russian air carrier;
2. the aircraft is not registered in Russia;
3. the aircraft is not owned or chartered⁽²⁾ or otherwise controlled⁽¹⁾ by any Russian natural or legal person, entity or body; and
4. there are no persons on board the aircraft who are subject to a listing under the Sanctions Regulations (in particular, subject to a travel ban).

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 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 European Union.

Therefore, it should be noted that the Regulation does not forbid to take Russian citizens on board, however, the aircraft cannot be chartered by Russian citizens. If there are more people on board (e.g. 10 people rented the aircraft, while 2 of them are Russian citizens) it is up to the authority to make sure there is no circumvention of the prohibition.

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.

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.

No. Providing updates to navigational databases 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 European Union, to any natural or legal person, entity or body in Russia or for use in Russia (ref. Article 3c(1) of Regulation (EU) No 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 to said Regulation).

Russian citizens, regardless of them holding another citizenship, can exercise private pilot privileges to land in, take off from or overfly the territory of the European Union in a non-Russian-registered aircraft which is NOT owned or chartered⁽²⁾ or otherwise controlled⁽¹⁾ by any Russian natural or legal person, entity or body.

This means that Russian citizens are not prevented from renting, borrowing for free, or otherwise using aircraft of a flying club to exercise their private pilot privileges.

However, Russian citizens are prohibited to exercise private pilot privileges to pilot a Russian-registered aircraft, or a non-Russian-registered aircraft that is owned or chartered or otherwise controlled by a Russian natural or legal person, entity or body (cf. Article 3d of Regulation (EU) No 833/2014). This means, for example, that Russian citizens cannot fly their own aircraft in the EU airspace or use an aircraft of an EU company or of a third-country company that is controlled by a Russian natural or legal person.  

Competent authorities will monitor such private flight activities to ensure that they are not performed in a way to circumvent the sanctions outlined in Article 3d of Regulation (EU) No 833/2014.

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.

Yes, such flights are allowed provided that:

1. the pilot is an employee (or similar) of an air carrier or aircraft operator; and
2. the aircraft is not operated by a Russian air carrier, not registered in Russia, and not owned or chartered⁽²⁾ or otherwise controlled⁽¹⁾ by any Russian natural or legal person, entity or body.

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.

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:

1. If the owner of the company is a Russian citizen, the aircraft is not allowed to take off, land in or overfly the European Union in accordance with Article 3d of Regulation (EU) No 833/2014. The fact that the company is registered in an EU Member State does not change this. 
2. 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 (EU) No 269/2014). Hence, it would not be possible to register any aircraft owned, directly or indirectly, or otherwise controlled by ‘listed’ Russian persons.

The measures are designed to affect flights into/from/over the EU territory.