In 2011, we wrote an article on the EU Airline Blacklist which banned certain carriers from landing in the European Union (EU) on account of them being deemed unsafe by the European Aviation Safety Agency. [See October edition of Legalflyer for further details] Since then, this list has been renamed the EU banned list and been revisited by the European Commission which published the Commission Implementing Regulation (EU) No 1146/2012 on 3 December 2012.
Before publishing the revised EU Banned List, the European Commission addressed notices to all concerned air carriers informing them of their imminent ban and the reasons for their inclusion on the list. The air carriers were given an opportunity to make written representations and verbal presentations to the European Commission.
The common criteria on which airlines are included in the EU Banned List remain unchanged and are set out in the Annex to Article 4 of Regulation (EC) No 2111/2005. These criteria include serious deficiencies on the part of an air carrier, such as systemic safety deficiencies, accident-related information and the inability or unwillingness of an air carrier to address these deficiencies by not implementing appropriate or insufficient corrective action plans.
The revised EU Banned List now bans all airlines (with some exceptions) from 20 countries outside the EU. These countries are: Afghanistan, Angola, Benin, Republic of Congo, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Gabon, Indonesia, Kazakhstan, Kyrgyzstan, Liberia, Mozambique, Philippines, Sierra Leone, Sao Tome and Principe, Sudan, Swaziland and Zambia. Of these countries, 14 are on the African continent.
An exception has been made for ten carriers from these 20 banned countries that are authorised to fly in the EU under special conditions. These are: Air Astana from Kazakhstan, Afrijet, Gabon Airlines and SN2AG from Gabon, Air Koryo from the Democratic People's Republic of Korea; Airlift International from Ghana; Air Service Comores from Comoros; Iran Air; TAAG Angolan Airlines and Air Madagascar.
In addition to the 287 carriers from these 20 banned countries, the EU Banned List also includes three other carriers, namely Blue Wing Airlines from Suriname, Meridian Airways from Ghana and Conviasa from the Bolivarian Republic of Venezuela.
Significant changes to the EU Banned List include the removal of Jordan Aviation and airlines from Mauritania and the inclusion of Eritrean airlines. In addition, the European Commission has decided that, despite the progress that has been made by the Libyan aviation authorities, Libyan carriers have yet to meet international safety standards and, as such, Libyan authorities have agreed that they would not operate in the EU until they fully satisfy the requirements of the European Commission.
The African Airlines Association has once again reacted strongly against the blacklisting by the EU, making controversial accusations suggesting that the EU is promoting EU airlines at the expense of African carriers.
The EU reiterated that in determining which airlines are included on the EU Banned List, they remain guided by the safety reports and concerns raised by the International Civil Aviation Organisation. The intention of the EU is to improve airline safety. In keeping with this aim, the EU has appointed the European Aviation Safety Agency to provide assistance to aviation authorities in countries which appear on the EU Banned List and to support these countries in complying with accepted international safety standards.
As the EU Banned List is reviewed every three or four months, the airlines and aviation authorities have a chance to rectify any deficiencies that may have contributed to their banning. The EU Banned List is not fixed and airlines can be removed from the list should they meet the necessary criteria at a later stage.
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