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Explainer: Commission adopts new EU Air Safety List

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What is the EU Air Safety List?

The EU Air Safety List (ASL) is a list of air carriers from non-EU countries, which do not fulfil the necessary international safety standards. The carriers on the ASL are banned from operating to, in and from the EU. Also, carriers that do not operate to the EU can be put on the ASL, in order to warn the public travelling outside of the EU about their unsafe status. If the safety authorities of a third country are not able to fulfil their international safety oversight obligations, all the carriers of such country can be put on the ASL.

The EU Air Safety List, while evidently not popular with the affected countries, has developed into a very powerful, and internationally recognised tool to help improve the safety of international aviation. This is the case both for flights to the EU, but also for aviation outside of the EU. The ASL is also seen as a strong preventive tool, because countries, which are under scrutiny, tend to improve their safety oversight to prevent seeing their air carriers on the list.

Which carriers are currently on the EU Air Safety List?

After the update of June 2020, the 35th update, 96 air carriers are banned from EU skies:

  • 90 airlines certified in 16 states*, due to a lack of safety oversight by the aviation authorities from these states;
  • Six individual airlines, based on safety concerns with regard to these airlines themselves: Avior Airlines (Venezuela), Blue Wing Airlines (Suriname), Iran Aseman Airlines (Iran), Iraqi Airways (Iraq), Med-View Airlines (Nigeria) and Air Zimbabwe (Zimbabwe).

An additional three airlines are subject to operational restrictions and can only fly to the EU with specific aircraft types: Air Service Comores (the Comoros), Iran Air (Iran) and Air Koryo (North Korea).

Who is responsible for the updates to the EU Air Safety List?

For the purpose of updating the list, the Commission is assisted by the EU Air Safety Committee (ASC), which is composed of aviation safety experts from all the EU Member States and chaired by the Commission, with the support of the European Union Aviation Safety Agency (EASA). Acting on a proposal by the Commission, the Air Safety Committee adopts its opinion by qualified majority, which is then submitted to the European Parliament before final adoption by the Commission and subsequent publication in the Official Journal. To date, all decisions taken by the Commission to impose or to lift restrictions have always been reached with the unanimous support of the ASC. Equally, every update of the ASL met with the unanimous support of the European Parliament’s Transport Committee.

What is the procedure for updates to the EU Air Safety List?

All Member States and the European Union Aviation Safety Agency (EASA) have the obligation to communicate information to the Commission, which may be relevant in the context of updating the ASL. The European Commission and the Air Safety Committee use a variety of sources of information when assessing whether or not international safety standards are respected. These sources include ICAO, FAA, EASA, SAFA** and TCO*** reports, as well as information gathered by individual Member States and the Commission itself. It is important to note that this assessment is made against international safety standards (and not the EU safety standards, which are sometimes more stringent), and notably the standards promulgated by the International Civil Aviation Organisation (ICAO).

To whom does it apply?

The rules establishing the list of banned carriers apply to all air carriers irrespective of their nationality – EU and non-EU ones. The rules apply only to commercial air transport, i.e. to air transport of passengers and cargo for remuneration or hire. The rules do not apply to private and non-commercial flights (e.g. positioning flights for maintenance purposes).

How often is the list updated and what is the timeframe for this? Is there not a risk that it will quickly become obsolete?

The Air Safety List may be updated whenever the Commission deems it is necessary, or upon request of an EU Member State. The ASC normally meets two or three times every year, as necessary. In cases of emergency, a specific procedure is foreseen.

How can an airline be cleared and taken off the list?

It is possible for states and air carriers to be removed from the air safety list. If an airline considers that it should be taken off the list because it complies with the relevant safety standards, it can address a request to the Commission, either directly or through its civil aviation authority. To enable a ban to be lifted, sufficient evidence needs to be provided to the EU to prove that the capacity of the airline and of its oversight authority to implement international safety standards is of a sufficient level. The Commission services will then assess the evidence presented by the airline and/or its oversight authority to substantiate its request for being withdrawn from the air safety list, and if the result of the assessment is positive, the Commission will make a proposal to the EU Air Safety Committee.

Notwithstanding the case of individual air carriers, if the underlying reason for an air carrier being on the ASL is due to the poor level of compliance with ICAO standards by its safety oversight authorities, it will require the state to address the significant non-compliances before that air carrier can be removed from the list.

In practical terms, this involves the air carrier and its state providing written information, attending meetings with the Commission and Member States, sometimes being subject to an on-site visit led by the Commission, and taking part in hearings in front of the Air Safety Committee.

How is an airline added to the list?

If the Commission or a Member State acquires and confirms evidence indicating serious safety deficiencies on the part of an airline or its oversight authority anywhere in the world, the list will be updated to include such airline or all the airlines of such country.

Does the inclusion of an airline in the air safety list always mean that it is no longer allowed to fly in Europe?

YES. As long as the air carrier is subject to a total ban, it cannot operate with its aircraft and personnel in the Union’s airspace. The airline is included in Annex A to the regulation whereby the Air Safety List is updated. Equally, as long as an air carrier is subject to a partial ban it can operate only with the aircraft stipulated in the Regulation. The airline is included in Annex B to the regulation whereby the Air Safety List is updated.

Banned airlines can, however, use the aircraft and personnel of other airlines, which are not on the ASL, on the basis of contracts called “wet-lease agreements”. In this way, passengers and cargo can still be transported on the basis of tickets sold by a banned airline, whereas the actual flight is operated by airlines which fully comply with the safety rules. Furthermore, aircraft which are used for government or state purposes (e.g. transport of the heads of state and/or government, humanitarian flights), do not fall under the safety requirements of ICAO. Such aircraft are considered to be operating “state flights” and they can fly into the EU even if they are banned from operating commercial flights to the EU. However, such flights do need a special authorisation (“diplomatic clearance”) from all the Member States, which the state aircraft overflies, as well as from the state of destination.

In essence, banned airlines cannot enter the sovereign airspace of any Member State and fly over their territory while they are banned (totally or partially).

Does the list prevent EU Member States from taking individual safety measures at a national level?

NO. The general principle is that whatever measure is considered at national level must be also examined at Union level. When an air carrier is considered unsafe and therefore banned in one Member State, there is an obligation to examine this measure at EU level with a view to applying it throughout the European Union. Nevertheless, even where a ban is not extended to the EU, there is scope for Member States to continue to act at national level in certain exceptional cases, particularly in emergencies or in response to a safety issue specifically affecting them.

What are airlines’ “rights of defence”?

Airlines that have been banned, or that are being investigated in view of a potential ban, have the right to express their points of view, submit any documents, which they consider appropriate for their defence, and make oral and written presentations to the Air Safety Committee and the Commission. This means that they can submit comments in writing, add new items to their file, and ask to be heard by the Commission or to attend a hearing before the Aviation Safety Committee, which then formulates its opinion based on these proceedings and the materials submitted prior to or during the hearing.

Is the Commission approach a punitive one?

The Commission’s sole aim is to improve aviation safety, which is in everyone’s interest, and in no way to affect a country’s economic or social development. Countries affected can put in place technical assistance measures to help airlines achieve a satisfactory level of aviation safety. While in the past the focus has been to put countries and carriers on the ASL, the Commission is now also focusing on working with affected states to help them improve their safety situation, in order to allow them to be released from the EU Air Safety List once the necessary safety levels have been reached.

How is the public informed about the EU Air Safety List?

The latest version of the list is made available to the public online at https://ec.europa.eu/transport/modes/air/safety/air-ban_en. The Commission also liaises closely with European and international travel agent associations each time that any changes are made to the list in order that they may be in the best possible position to aid their clients – the passengers – in making informed decisions when making their travel arrangements. Moreover, the “Air Safety List” regulation also obliges national civil aviation authorities, EASA and airports in the territory of the Member States to bring the ASL to the attention of passengers, both via their websites and, where relevant, in their premises.

In what way does the EU Air Safety List provide rights to European travellers?

The Air Safety List Regulation establishes the right of any passenger to know the identity of every airline they fly with throughout their trip. To this effect, the contracting carrier is required to inform passengers of the identity of the operating air carrier or carriers when making a reservation, whatever the means used to make the booking. The passenger must also be kept informed of any change of operating carrier, either at check-in or, at the latest, when boarding. The Regulation also gives passengers the right to reimbursement or re-routing if a carrier with which a booking has been made is subsequently added to the Air Safety List, resulting in cancellation of the flight concerned.

In what way does the publication of the EU Air Safety List help European citizens travelling beyond EU territory?

The ASL does not only ban unsafe airlines from operating to, from and in the EU. The publication of the list also provides useful information to people wishing to travel outside the European Union, in order for them to avoid flying with these airlines. The list also safeguards the rights of consumers who have bought a trip at a travel agent, which includes a flight operated by an airline on the ASL.

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EU Politics

New EU guidance helps companies to combat forced labour in supply chains

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The Commission and the European External Action Service (EEAS) have published today a Guidance on due diligence to help EU companies to address the risk of forced labour in their operations and supply chains, in line with international standards. The Guidance will enhance companies’ capacity to eradicate forced labour from their value chains by providing concrete, practical advice on how to identify, prevent, mitigate and address its risk.

Executive Vice-President and Commissioner for Trade Valdis Dombrovskis said: “There is no room in the world for forced labour. The Commission is committed to wiping this blight out as part of our broader work to defend human rights. This is why we put strengthening the resilience and sustainability of EU supply chains at the core of our recent trade strategy. Businesses are key to making this happen, because they can make all the difference by acting responsibly. With today’s Guidance, we are supporting EU companies in these efforts. We will ramp up our due diligence work with our upcoming legislation on Sustainable Corporate Governance.”

High Representative/Vice-President Josep Borrell said: “Forced labour is not only a serious violation of human rights but also a leading cause of poverty and an obstacle to economic development. The European Union is a global leader on responsible business conduct and business and human rights. The Guidance we publish today translates our commitment into concrete action. It will help EU companies to ensure their activities do not contribute to forced labour practices in any sector, region or country.”

The Guidance explains the practical aspects of due diligence and provides an overview of EU and international instruments on responsible business conduct that are relevant for combatting forced labour. The EU has already put in place mandatory standards in some sectors and actively promotes the effective implementation of international standards on responsible business conduct.

Promoting responsible and sustainable value chains is one of the pillars of the recent EU trade strategy. The Guidance delivers on the strategy by helping EU businesses already take the appropriate measures, bridging the time until legislation on Sustainable Corporate Governance is in place. This upcoming legislation should introduce a mandatory due diligence duty requiring EU companies to identify, prevent, mitigate and account for sustainability impacts in their operations and supply chains. Subject to the upcoming impact assessment, this will include effective action and enforcement mechanisms to ensure that forced labour does not find a place in the value chains of EU companies.

EU trade policy already contributes to the abolishment of forced labour through its various instruments. EU trade agreements are unique in including binding commitments to ratify and effectively implement all fundamental ILO Conventions, including those on forced labour. Those conventions include an obligation to suppress the use of forced or compulsory labour in all its forms. This commitment extends to the countries benefitting from the special incentive arrangement for sustainable development and good governance (GSP+) under the EU’s General Scheme of Preferences (GSP). All 71 beneficiary countries of the General Scheme of Preferences are obliged to not commit serious and systematic violations of the principles of the fundamental ILO Conventions.

The Guidance also delivers on a number of the priorities of the EU Action Plan on Human Rights and Democracy 2020-2024 in the area of business and human rights. Those priorities include the eradication of forced labour and the promotion of internationally recognised due diligence standards.

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EU and Ukraine kick-start strategic partnership on raw materials

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EU and Ukraine have launched a strategic partnership on raw materials, with the aim of achieving a closer integration of raw materials and batteries value chains. Vice-President Maroš Šefčovič and Prime Minister of Ukraine Denys Shmyhal signed a Memorandum of Understanding underpinning the partnership during the dedicated High Level Conference.

The strategic partnership with Ukraine will include activities along the entire value chain of both primary and secondary critical raw materials and batteries, and in line with the objectives of the EU’s Critical Raw Materials Action Plan, it will help diversify, strengthen and secure both sides’ supply of critical raw materials, essential for achieving the green and digital transitions. The partnership will also be decisive in preserving global competitiveness and developing resilience of EU and Ukrainian industry.

Today’s signature constitutes the first tangible deliverable under the enhanced cooperation between the European Union and Ukraine in the areas of the European Green Deal and the Industrial Strategy. It follows on the mutual commitment and interest expressed at the 7th Association Council meeting between the EU and Ukraine on 11 February 2011.

Concrete areas of work of the partnership

More specifically, the strategic partnership signed today will aim to develop three key areas of work, as defined in the Memorandum of Understanding.

  • First, it focuses on the approximation of policy and regulatory mining frameworks, and notably the environmental, social and governance criteria across all activities.
  • Secondly, the partnership aims to better integrate critical raw materials and battery value chains to develop minerals resources in Ukraine in a sustainable and socially responsible way. To do so, it will engage the European Raw Materials Alliance and the European Battery Alliance as platforms for EU and Ukrainian stakeholders, including funding and investment organisations, to collaborate and develop joint venture projects and other business opportunities. To this end, Vice-President Šefčovič formally accepted the membership of the Ministry of Ecology and Natural Resources of Ukraine to the two European industrial alliances.
  • Finally, the partnership also encourages closer collaboration in research and innovation along both raw materials and battery value chains using Horizon Europe.

Furthermore, the EU and Ukraine endorsed a first roadmap, a set of concrete activities and joint projects to advance the strategic partnership in the period 2021-2022. Specifically, it will help to:

  • Develop a low carbon strategy and roadmap to decarbonise raw material mining, extraction and processing in Ukraine;
  • Strengthen sustainable and responsible sourcing and processing of raw materials and batteries in Ukraine by organising capacity building events for public administration and trainings for companies;
  • Digitalise and strengthen data management of Ukrainian mineral resources/reserves by creating ‘Data room’ – a repository with digital geological reports, and de-classifying and re-assessing raw materials reserves using international standards;
  • Enhance the use of Earth-observation programmes and remote sensing to strengthen new resource exploration, and monitor environmental performance of mines during operations and post-closure;
  • Identify and conduct joint-venture projects for EU and Ukrainian industrial and investment actors by using Business Investment Platforms of the European industrial alliances.

The EU and Ministry of Ecology and Natural Resources also launched cooperation on the EU technical assistance support under the strategic partnership. The EU topped-up its 2021 technical assistance programme to the Ukrainian government and companies by € 750,000. Further substantial assistance support for capacity building, trainings and studies is foreseen as from 2022.

The European banks, i.e. the EIB and the EBRD, will also mobilise financial and investment instruments to support concrete actions under the Memorandum of Understanding and the Roadmap.

Today’s strategic partnership was developed under the existing framework of the EU-Ukraine High Level Industrial Dialogue – Working Group on Raw Materials. This collaboration structure will also be used for monitoring and discussing the matters of relevance to its implementation. A regular biennial high-level meeting, at ministerial level, will take stock of the strategic partnership, discuss possible new collaborations and endorse future roadmaps.

Members of the College said:

Vice-President Maroš Šefčovič, responsible for Interinstitutional Relations and Foresight, said: “I am honoured to launch, on behalf of the EU, this strategic partnership on raw materials and batteries with Ukraine. This new chapter in EU-Ukraine cooperation will not only strengthen our political bond, but will also bring a wide range of opportunities for EU and Ukrainian industry – and ultimately help create and preserve local jobs in future-oriented areas, intrinsically linked to the ongoing green and digital transitions.”

Commissioner Thierry Breton, responsible for the Internal Market said: “I am pleased to see concrete results of the Commission’s Action plan on Critical Raw Materials. This partnership will contribute to diversifying the EU supply of raw materials and addressing some of the strategic dependencies identified in the updated Industry Policy Strategy.   The high potential of the critical raw materials reserves in Ukraine, together with the need for modernisation of its extractive industry underpinned by improving the legal and administrative framework for investors and geographical vicinity, represent a solid base for the mutually beneficial partnership.”

Commissioner Olivér Várhelyi, responsible for Neighbourhood and Enlargement said: “The strategic partnership on raw materials and batteries will allow us to enhance economic links as launched under the EU-Ukraine Association Agreement, including the Deep and Comprehensive Free Trade Area (DCFTA). This will contribute to a strengthened resilience of the economy – a key aim of the recently adopted Economic and Investment Plan for the Eastern Partnership, in the implementation of which Ukraine will play an important role.”

Background

For Europe, this represents already the second partnership on raw materials signed recently, following the partnership with Canada signed on 15 June 2021.

In September 2020, the Commission published an Action Plan on Critical Raw Materials, to address the current and future challenges, and proposes actions to reduce Europe’s dependency on third countries. To do this, it proposes diversifying supply from both primary and secondary sources, improving resource efficiency and circularity while promoting responsible sourcing worldwide. The Action Plan aims to foster Europe’s transition towards a green and digital economy, and at the same time, bolster Europe’s resilience and open strategic autonomy in key technologies needed for such transition.

Similarly, the Commission adopted a strategic Action Plan for batteries in 2018, which sets out a comprehensive framework of measures to support all segments of the battery value chain, following the launch of the European Battery Alliance set up in 2017.

The EU-Ukraine Strategic partnership on raw materials and batteries is the second strategic partnership launched by the EU and will help to deliver the key objectives of the Critical Raw Materials Action Plan. The partnership on raw materials and batteries also builds on the Strategic Energy Partnership signed with Ukraine in 2016, which was instrumental in bringing two energy markets closer progressing with infrastructure development and the approximation of legal frameworks.

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EU Politics

Eastern Partnership: a renewed agenda for recovery, resilience and reform

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European Commission and the EU High Representative for Foreign Affairs and Security Policy outlined a proposal on how to take forward priorities for cooperation with our Eastern partners in the years to come. This agenda is based on the five long-term objectives, with resilience at its core, as defined for the future of the Eastern Partnership in March 2020. It will be underpinned by a €2.3 billion Economic and Investment plan in grants, blending and guarantees, with a potential to mobilise up to €17 billion in public and private investments. This proposal will contribute to the discussions on the future Eastern Partnership policy including at the Eastern Partnership summit planned for December 2021.

The comprehensive agenda aims at increasing trade, growth and jobs, investing in connectivity, strengthening democratic institutions and the rule of law, supporting the green and digital transitions, and promoting fair, gender-equal and inclusive societies.

High Representative/Vice-President Josep Borrell said: “The Eastern Partnership remains high on the European Union’s agenda.  We want to shape an agenda that responds to the unprecedented challenges – and opportunities – of today, while making it fit for the future. At the heart of our work will be promoting democracy, good governance and the rule of law, which are so crucial to unlock positive, concrete results in our cooperation. This includes Belarus, where we want to continue to support the people through our Eastern Partnership framework.”

Commissioner for Neighbourhood and Enlargement Olivér Várhelyi said:“We are putting forward an ambitious Economic and Investment Plan that will help stimulate jobs and growth and bring prosperity to the Eastern Partnership region. The Plan includes country flagships for all Eastern Partners, including support for a future democratic Belarus. This new agenda will support socioeconomic recovery after COVID-19 pandemic, strengthen economic relations and build trade routes between the EU and partner countries.”

The comprehensive agenda focusing on recovery, resilience and reform, includes selection of the top ten targets for 2025 with clear commitments in all the priority areas of cooperation. They encompass areas like the additional support to 500,000 SMEs, build or upgrade 3.000 km of priority roads and railways in line with EU standards address hybrid and cyber threats, fight corruption, reduce energy consumption by at least 20% in 250,000 households, improve access to safe water services and air quality, increased access to high-speed internet in 80% of households, assistance to vaccinate health workers, additional support to civil society and independent media, mobility opportunities for 70,000 students, researchers and young people.

The new agenda, also proposes a revision of the EaP multilateral architecture to adjust the framework to the new priorities and make it fully fit for purpose. 

The regional economic and investment plan will support post – COVID socio-economic recovery and long-term resilience, taking into account the ‘build back better’ agenda. The plan outlines priority investments and defines a set of flagship initiatives, which have been jointly identified with the partner countries, in view of their priorities, needs and ambitions.

Background

The Eastern Partnership was launched in 2009 with the aim of strengthening and deepening the political and economic relations between the EU, its Member States and six Eastern European and South Caucasus partner countries: Armenia, Azerbaijan, Belarus, Georgia, the Republic of Moldova, and Ukraine. The Partnership has developed according to each partner’s interests, ambitions, and progress, allowing for differentiation in a flexible and inclusive way, to tackle common and global challenges and foster regional integration jointly.

Through its ambitious ’20 deliverables for 2020′ agreed at the 5th Eastern Partnership Summit in 2017, the EaP has delivered tangible results and improved people’s lives.  Work on a successor agenda began in 2019 with a broad and inclusive consultation. The resulting Joint Communication: Eastern Partnership policy beyond 2020: Reinforcing Resilience – an Eastern Partnership that delivers for all  and Council Conclusions on the Eastern Partnership policy beyond 2020 set out a new vision for the partnership, with resilience as overarching policy framework and five long-term policy objectives (economy and connectivity, good governance and the rule of law, environmental and climate resilience, support to digital transformation, and fair and inclusive societies), acknowledged at the EaP Leaders’ videoconference held in June 2020. 

Next steps

The proposals will be discussed with partner countries, EU Member states, civil society and other key stakeholders in view of the 6th Eastern Partnership Summit in December 2021.

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