What is the legal basis for the EU restrictive measures against Russia?
In the aftermath of the Russian armed attack against Ukraine on 25.02.2022, the EU Council adopted different packages of sanctions against Russia. A comprehensive description of those measures can be found on the website of the EU Council.
Package no. 1 consisting of: (a) Council Decision (CFSP) 2022/327, amending Council Decision 2014/512/CFSP, and (b) Council Regulation (EU) 2022/328, amending Council Regulation (EU) No 833/2014. Both amending acts were published in the OJ L 49 of 25.02.2022 and contain a comprehensive export ban on goods and technology, including in the aviation sector.
Package no. 2 consisting of: (a) Council Regulation (EU) 2022/334, also amending Council Regulation (EU) 833/2014, and (b) Council Decision (CFSP) 2022/335, which amends again Decision 2014/512/CFSP. These amending acts were published in the OJ L 77 of 28.02.2022 and in particular ban any Russian air carriers from flying into, over or out of the territory of the European Union.
In addition, Council Implementing Regulation (EU) 2022/336 amended Council Implementing Regulation (EU) 269/2014 by adding a list of 26 persons and one entity to the list of persons, entities, and bodies subject to restrictive measures which had been set out in Annex I to Regulation (EU) Nº 269/2014.
What does “technical assistance” mean?
The definition of “technical assistance” is set in Article 1(c) of Regulation (EU) No 833/2014, as amended by Regulation (EU) 2022/328, and it means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance.
Do the Sanction Regulations restrict a Russian citizen holding a personnel licence issued in accordance with Regulation (EU) 2018/1139 to exercise the privileges of the licence inside the EU (e.g. flying an aircraft for private purposes or for an EU airline, conducting maintenance for an EU aircraft, working in an EU Part 145 organisation, working as cabin crew in EU airlines)?
It is necessary to make a distinction between a Russian citizen who holds a personnel licence and is employed by a non-sanctioned (EU or non-EU) carrier or organisation (e.g. Part-145 organisation), and someone who either flies or maintains an aircraft that is subject to sanctions, or flies privately. If for example a Russian citizen flies privately as a pilot and consequently controls when and where the aircraft flies, then the sanctions apply. On the other hand, exercising the privileges of an EU personnel license by Russian citizens for the benefit of an organisation not subject to the sanctions is permitted. Further details may be found in FAQs addressing the various types of personnel licenses.
Do the sanctions apply to persons with dual nationality, i.e a person who holds both a Russian passport as well as an EU/non-EU passport?
What matters is if the person has a Russian passport, not the other passports she/he may hold. Dual nationality does not release a person from sanctions. Same applies to persons having a right of permanent residence in an EU country, if they are still Russian citizens.
Is it allowed to execute contracts that have been concluded before the adoption of the sanctions (e.g. deliveries with EASA Form 1, Form 52)?
Yes. Article 3c(5) of Regulation (EU) No 833/2014, as amended by Regulation (EU) 2022/328 allows that, with regard to the goods listed in Annex XI, namely aircraft, spacecraft, and parts thereof, the prohibitions listed in paragraphs 1 and 4 of that article, shall not apply to the execution until 28 March 2022 of contracts concluded before 26 February 2022, or ancillary contracts necessary for the execution of such contracts. However, it is important to note that this transition period does not apply to paragraphs 2 and 3, which cover inter alia overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection, in relation to the goods and technology listed in Annex XI, directly or indirectly, to any natural or legal person, entity or body in Russia or for use in Russia. Hence, even if the delivery of the goods itself might be possible until 28 March, the provision of related services (and insurance to the goods) is prohibited.
Furthermore, it should be noted, that many aviation products may also be impacted by the prohibition on sale and supply of dual-use goods, as foreseen in Article 2 of the Regulation (EU) No 833/2014.
We understand that following evaluation of the terms „technical assistance” and “other services” as mentioned in the Sanctions Regulations, EASA has suspended certificates issued to organisations in Russia. Is this interpretation also applicable to approvals and certificates issued by EU Member States in the same way?
These definitions have the same meaning in all EU Member States, the Sanctions Regulations are directly applicable therein. It is the exclusive prerogative and responsibility of the Member States to assess and decide, on a case-by-case basis, on adequate actions to effectively implement the Sanctions Regulations.