Explained: The EU Air Safety List

DALLAS — Statistics on commercial aircraft incidents back the widely recognized assertion that flying is the safest mode of transportation.

Within the EU territory, there were 49 fatalities in commercial air transport accidents over the period 2018–2022, involving EU-registered aircraft. Over the last eight years, there have been no major accidents in commercial air transport worldwide involving EU-registered aircraft.

Aviation safety organizations have a primary objective of not only eliminating air accidents entirely but also promoting the preference for flying over less safe alternatives like driving. To achieve this, the EU has established its own organization, the European Union Aviation Safety Agency (EASA), which is responsible for designing programs to foster the safest development of aviation in Europe.

The most significant program implemented by EASA in Europe to ensure aviation safety is the "EU Air Safety List," known colloquially as the "EU Blacklist." This comprehensive list includes all airlines and air operators that the European Union deems unsafe to fly with. Consequently, these entities are prohibited from operating flights into, out of, or above any EU airspace.

The EU Air Safety List serves as a protective measure for passengers and aims to prevent unsafe airlines from operating within the European Union. It is regularly updated and encompasses airlines from various countries that fail to meet international safety standards.

Since April 2022, there has been a ban on Air Operator Certificates (AOCs) registered in Russia. This prohibition has had repercussions for Russian aviation, as airlines holding Russian AOCs are forbidden from operating flights into, out of, or above EU airspace. The ban was implemented due to concerns regarding the safety oversight of Russian airlines.

The ban on Russian AOCs has significant implications for Russian airlines, as it restricts their access to European destinations and affects their overall operations. This measure underscores the EU's commitment to upholding stringent safety standards in aviation.

To delve deeper into the subject matter, this article will explore the creation of the EU Air Safety List, its primary characteristics, the noteworthy airlines featured on the list, and the impact of the ban on AOCs registered in Russia since April 2022 on Russian aviation.

How Does the ASL Work?

The European Union Air Safety List (ASL) is a comprehensive compilation that includes all airlines that are either banned or restricted from operating within the EU. These airlines do not meet the safety and operational standards mandated by the International Civil Aviation Organization (ICAO). Introduced in 2006, the ASL is regularly updated to reflect changes in airlines' safety records.

The primary objective of the ASL is to safeguard the safety of EU citizens and passengers. However, it also has a positive side effect: airlines now have a strong incentive to maintain their aircraft in good condition to avoid being barred from accessing the highly valuable European market, one of the most significant in the world.

The European Commission is responsible for maintaining and revising the Air Safety List. It collaborates closely with aviation authorities from all EU member states to ensure the accuracy and timeliness of the list. Annually, the European Commission convenes to discuss whether any operators should be added to the list or if any previously banned airlines are now eligible to operate flights to Europe again.

When an airline fails to meet the safety requirements and is added to the ASL, it is no longer permitted to operate flights to or from any EU airport. Additionally, it is prohibited from overflying EU airspace until it improves its safety records. However, being on the ASL does not necessarily mean that the carrier cannot offer flights to Europe anymore.

If the safety concerns are specifically related to the operation of their aircraft, a banned airline can potentially circumvent the prohibition by, for example, wet-leasing an aircraft from an ACMI (Aircraft, Crew, Maintenance, and Insurance) company, such as HiFly (5K) or Wamos Air (EB). By utilizing such an aircraft, the airline can legally operate its routes to Europe. However, this solution comes at a significant cost and is merely a temporary workaround for the problem.

When Is an Airline Added to the List?

Adding a new carrier to the Air Safety List is not a quick and straightforward task that simply involves reviewing their incident records. It is a complex and time-consuming process, often taking several months or even years. This is because banning an airline from flying into Europe has significant economic and operational implications.

The process begins with a proposal put forth by any EU aviation authority that deems a specific carrier unsafe. Subsequently, a commission comprised of relevant members from all the authorities travels to the country where the airline is based to conduct an assessment of its situation. This commission is responsible for gathering specific evidence to substantiate the airline's poor safety record.

After completing the assessment, the commission, along with the evidence, returns to Europe and awaits the next meeting of the General European Commission on Air Safety. This meeting is not held on a periodic basis but is convened when a substantial number of proposals for different airlines align, ensuring a more efficient system.

During this meeting, all EU aviation authorities and the EU Commission discussed the situation of each airline proposed for inclusion in the list. Additionally, the authorities engage in consultations with member states, industry experts, stakeholders, and other pertinent aviation organizations to gain a comprehensive understanding of each case and make the best decision possible.

Finally, when the verdict is reached, the Directorate-General for Mobility and Transport of the European Union officially announces the decision, and the Air Safety List is updated accordingly. As of the time of writing, the most recent update to the ASL occurred on November 23, 2022, when Russian carrier I-Fly (F7) was added to the list.

Can a Banned Airline Request Clearance from the List?

A banned airline has the opportunity to seek clearance from the Air Safety List (ASL) by demonstrating that it has taken appropriate measures to address the safety concerns that led to its inclusion. These measures may encompass improvements to safety management systems, staff training programs, maintenance procedures, and more.

The process of requesting clearance from the ASL begins with the airline submitting a formal request to the European Commission. This request should provide comprehensive details of the safety measures implemented by the airline, along with supporting evidence of their effectiveness. The European Commission will review the request and may require additional information or conduct inspections of the airline's operations, echoing the assessments mentioned earlier.

If the European Commission determines that the airline has made significant improvements to its safety record, it may recommend to the member states that the airline be removed from the EU Air Safety List. Ultimately, the decision to remove an airline from the list rests with the member states, who must vote in favor of the recommendation. Once removed from the list, the airline is permitted to operate within the EU.

It is crucial to recognize that the process of requesting clearance from the ASL can be lengthy and intricate. Airlines must invest considerable time and resources to address all safety concerns and demonstrate their unwavering commitment to safety. Both the airline and the European Commission must exercise caution to avoid repeating any previous mistakes and granting flying rights to an airline that is not fully prepared.

Even if a previously banned airline successfully obtains clearance, it may still face reputational damage from customers and be subject to rigorous monitoring by regulators for an extended period.

Exceptions Within the EU Air Safety List

While the European Union Air Safety List is renowned for its stringent standards, there are rare instances when a banned airline can be granted an exception to fly into Europe. These exceptions are strictly evaluated on a case-by-case basis and are limited to specific aircraft flying from one particular airport to another. Even a minor alteration to the circumstances can result in the cancellation of the exception. Here are a few examples:

Firstly, an airline may be exceptionally permitted to fly into only one airport or one country within the EU while still being prohibited from overflying the airspace of other countries. This was notably the case with TAAG Angola Airlines (DT), which, until 2019, was exclusively allowed to operate regular flights from Luanda (LAD) to Lisbon (LIS) and Oporto (OPO).

This exception was granted due to the significant importance of the Angolan carrier in operating these flights, considering Angola's historical connection as a former colony of Portugal and the substantial demand for air travel between the two countries. To enable this arrangement, TAAG was solely permitted to use Boeing 777 aircraft that had undergone rigorous certification and complied with all safety requirements.

Another exception occurred in June 2020 when a Ceiba Intercontinental (C2) Boeing 767-300 arrived in Madrid (MAD) to transport humanitarian aid for Equatorial Guinea. Despite Ceiba being banned from flying into the EU, the flight proceeded because the aircraft was owned and operated by Ethiopian Airlines (ET), using its registration, ET-AWQ, as the callsign for the flight.

Ceiba Intercontinental does occasionally operate flights from Malabo (SSG) to Madrid under its native C2500 callsign. However, these services are fully operated on a wet-lease basis by Wamos Air, one of the largest ACMI airlines in Europe, utilizing both EB aircraft and crew.

These examples illustrate how exceptions to the European Union Air Safety List are granted sparingly and under specific conditions, highlighting the rigorous evaluation process and the need for strict adherence to safety requirements.

The Interesting Case of Iran

In 2010, Iranian airlines were prohibited from operating within the European Union (EU) due to a series of safety incidents and accidents. The inclusion of several Iranian airlines on the Air Safety List was a result of their failure to meet international safety standards. This ban persisted for several years, resulting in substantial financial losses for Iranian airlines.

In recent years, however, there has been a notable improvement in the situation. In 2016, after a thorough review of their safety records, several Iranian airlines were removed from the Air Safety List. These airlines were granted permission to resume operations within the EU under specific conditions, such as using designated aircraft types and complying with EU safety regulations.

One such example is the national carrier, Iran Air (IR). Currently, only their three Fokker 100s and a single Boeing 747-200 are prohibited from flying into the EU. However, Iran Air still maintains a diverse fleet of aircraft, including Airbus A300, A310, A320, and A330, among others, which have the necessary permissions to operate flights to European destinations.

As of now, Iran Air exclusively utilizes two Airbus A330-200s (EP-IJA and EP-IJB) for flights to European destinations. These aircraft were initially intended for delivery to Avianca (AV) in 2014. However, the Colombian carrier did not take them, providing an opportunity for Iran Air to acquire them in March 2017.

Iran Air's European route network presently encompasses various destinations, such as Frankfurt (FRA), London (LHR), Paris (CDG), and Milan (MXP).

The Ban on Russian Carriers and Safety Concerns

In 2022, a major topic of discussion in the commercial aviation industry revolved around the presence of 21 Russian airlines out of the 118 included on the EU Air Safety List. Initially, the ban on Russian carriers from flying into EU airspace was a response to the ongoing conflict between Russia and Ukraine, which drew widespread condemnation across Europe. However, the reasons for the ban have since shifted from political to safety concerns.

As part of the economic sanctions imposed on Russia by Western countries, major Western aircraft manufacturers such as Airbus and Boeing ceased providing any form of aid for the maintenance of Russian aircraft starting in March 2022. This aid included sharing maintenance procedures and supplying spare parts for damaged aircraft.

Consequently, Russian airlines like Aeroflot (SU), Rossiya (FV), and S7 Airlines (S7) have been forced to ground and dismantle Airbus and Boeing aircraft that are in perfect structural condition due to the lack of spare parts for their other planes. Moreover, the installation of these parts on other aircraft is now based on criteria established by Russian authorities rather than following the recommendations of Boeing or Airbus.

As a result of these actions, Russian aircraft and airlines are still prohibited from operating flights in, out, or over the European Union almost two years later. What initially began as a politically motivated decision as part of the broader sanctions on Russia has evolved into a more pressing safety concern.

The challenging circumstances in Russian aviation have created significant uncertainty about its future. However, one aspect remains clear: safety will continue to be the utmost priority for Europe and other regions. Therefore, all airlines will remain on the Air Safety List until they can demonstrate the safety of their aircraft and prove that it is once again secure to fly with them.

Featured image: Until further notice, all Aeroflot aircraft remain grounded and can be transferred to other customers. Photo: Alberto Cucini/Airways