As an approved training organisation (ATO) / declared training organisation (DTO) / organisation operating flight simulation training devices (FSTDs) subject to Regulation (EU) No 1178/2011 and having my principal place of business within the EU territory, am I allowed to provide either theoretical or practical training, in an FSTD or in an aircraft, to Russian citizens?
Answer
Training, testing and checking of Russian citizens is allowed if done for the purpose of operating outside of Russia with a non-Russian-registered aircraft that is NOT owned or chartered(Note 2), or otherwise controlled(Note 1) by any Russian natural or legal person, entity or body. Further to such training for commercial licences or related ratings, training (and associated testing and checking) for the purpose of private pilot licences and related ratings with Union training providers is allowed in aircraft that have a maximum seating capacity of 4 persons and a maximum take-off mass of no more than 2000 kg, even if the intention is to fly after the licence issue, with a Russian pilot controlling the flight.
If the intention of the applicant is to fly in Russia, for a Russian air carrier or Russian-registered aircraft or any non-Russian-registered aircraft that is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, then such training, testing or checking is prohibited. Furthermore, the training, testing or checking cannot take place in Russia (Articles 3c(1) and 3d(1) of Regulation (EU) No 833/2014).
Note 1: Except for non-scheduled flights, with regard to which a Russian natural or legal person, entity or body is in a position to effectively determine the place or time of its take-off or landing, 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’. EU Member States’ authorities should apply the definition of ‘charter’ in accordance with their national legislation and relevant international agreements.