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 the Sanctions Regulation 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.
The Sanctions Regulation 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?
Such a flight 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 Regulation.
If one of the passengers is Russian, but other factors remain as above, it needs to be verified if this one Russian passenger could be considered to control the flight (i.e. be the actual instigator or renter). If not, then the flight is allowed, just like any airline flight with Russian passengers amongst other passengers who have bought a ticket.
What happens to the dry and wet leasing arrangements and code-sharing agreements between the EU AOC holders and Russian aircraft operators?
In accordance with the Sanctions Regulation aircraft operators in respect of which an EU Member State acts as the State of Operator, are prohibited to enter into wet lease, dry lease or code-sharing agreements with aircraft operators of Russia or with respect to aircraft registered in Russia. 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).