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.
EU defence gets a boost as the European Defence Fund becomes a reality
Commission welcomes the adoption of the European Defence Fund (EDF), following the European Parliament’s approval. The EDF, with a budget of €7.9 billion, is the Commission’s flagship instrument to support defence cooperation in Europe. EDF will co-finance collaborative research and capability development projects amplifying national investment. It will also foster an innovative and competitive defence industrial base. In doing so, it will enhance Union’s technological sovereignty and therefore its open strategic autonomy.
Margrethe Vestager, Executive Vice-President for a Europe Fit for the Digital Age, said: “This is an important step for a stronger Europe. The Fund will play a key role to enable SMEs to participate in defence supply chains and widen cross-border industrial cooperation. Providing opportunities to companies all sizes helps achieving more innovative solutions, to foster an open internal market. So besides a stronger defence cooperation it contributes to our competitiveness.”
Thierry Breton, Commissioner for Internal Market, said: “Today marks a historic day for Europe. The idea of working together for promoting our Defence Union and for the security of EU citizens is now a tangible reality. In a global context where Europe needs to be stronger, more resilient and more autonomous in strategic areas, the European Defence Fund is a milestone and will significantly contribute to the security of EU citizens.”
A Fund to deepen EU defence industrial cooperation
Without substituting Member States’ efforts, the Fund will promote cooperation between companies of all sizes and research actors throughout the EU, in research and development of state-of-the-art and interoperable defence technology and equipment.
The Fund will support competitive and collaborative defence projects throughout the entire cycle of research and development, focusing on projects that have the potential to be game-changers for the armed forces of Member States. The Fund will foster innovation and incentivise the cross-border participation of SMEs. Projects will be defined based on defence capability priorities agreed by Member States within the framework of the Common Security and Defence Policy and particularly in the context of the Capability Development Plan. The projects will aim at contributing to the security and defence interests of the Union.
The EDF allows for the participation of European subsidiaries of third country companies and also for the cooperation with third country companies provided that their involvement ensure the security and defence interests of the EU, and meet the rigorous security conditions as set in the EDF Regulation.
A strong budget for ambitious and inclusive defence programmes
2021 constitutes the first year of the rollout of the new EDF, which will be operational for the period 2021-2027, in alignment with the Multiannual Financial Framework.
It will be endowed with a budget of €7,953,000,000 in current prices. This financial envelope will be divided into two pillars: €2,651,000,000 will be allocated to funding collaborative defence research to address emerging and future security threats and €5,302,000,000 to co-finance collaborative capability development projects.
Up to 4%-8% of the Fund budget is devoted to development or research for disruptive technologies (i.e. technologies that have the potential to create game-changing innovations). This budget represents an unprecedented opportunity to contribute to the development of a competitive and innovative European defence industry.
The complete establishment of the Fund both legally and financially will now allow the Programme Committee (PC), chaired by the Commission and composed of Member States representatives, to discuss priorities and confront topics with the aim to open calls for proposals in summer 2021. The Commission will directly manage the programme. The European Defence Agency (EDA) is invited to participate as observer and the European External Action Service (EEAS) will assist in the Committee.
The creation of a European Defence Fund was first announced in 2016. The Commission presented the first version of the European Defence Fund in June 2017, which has allowed defence cooperation at EU level to embark thanks to two pilot projects, the Preparatory Action on Defence Research (PADR) for 2017-2019 and the European Defence Industrial Development Programme (EDIDP) for 2019-2020.
The Fund is part of the priorities of the von der Leyen Commission for a ‘Stronger Europe in the World’.
A political agreement between the Member States and the European Parliament was found in December 2020 and today’s decision gives legislative effect to the EDF that will operate for the next 7 years.
Dual-use goods: what are they and why are new rules needed?
The EU is working on new export rules for so-called dual-use goods to prevent them being misused in human rights violations.
What are dual-use goods?
Dual-use products are goods designed for civilian use that in the wrong hands could be used to supress human rights or launch terrorist attacks. They can be anything from drones to chemicals.
Although these goods can improve people’s lives, they can be misused. Authoritarian regimes might use them to keep the population under control, while terrorist groups could use them to stage attacks.
Why are new rules needed?
To prevent dual-use goods being repurposed in ways that violate human rights , the EU wants to make sure strict export rules prevent them being sold to people or organisations wanting to misuse them.
The EU is currently working on an update of the existing rules to take into account recent technological developments, including new cyber surveillance tools, and beef up protection of human rights.
Explainer: EU4Health Programme 2021-2027
What is EU4Health?
EU4Health is the fourth EU health programme, which will run from 2021-2027. It is the EU’s ambitious health response to the COVID-19 pandemic and the EUs overall health challenges. EU4Health will make €5.1 billion available over the next seven years to improve and foster health in the Union to reduce the burden of communicable and non-communicable diseases by:
- protecting people from serious cross-border health threats;
- improving the availability, accessibility and affordability of medicines, medical devices and other crisis relevant products in the EU;
- strengthening national health systems.
The EU4Health programme will go beyond the COVID-19 crisis, supporting amongst others actions on disease prevention, notably on cancer, the digital transformation of health systems, the reinforcement of the health system and the healthcare workforce. It will pave the way to a strong European Health Union that will improve and safeguard the health of all EU citizens.
What makes EU4Health different from previous health programmes?
Never before has Europe invested more in health. According to a recent EU survey, 66% of EU citizens would like to see the EU given more say over health-related matters. The pandemic has shown that the EU needs greater coordination during health crises and health-systems that are more resilient.
EU4Health is a stand-alone programme with a budget more than ten times that of previous health programmes. Actions like tackling cross-border health threats, making medicines available and affordable, and strengthening and digitalising health systems will be financially supported.
What are the main objectives of the EU4Health Programme?
The EU4Health programme has the following objectives:
- Improve and foster health in the Union by:
- Supporting actions for disease prevention, health promotion and addressing health determinants;
- Supporting global commitments and health initiatives.
- Protect people in the Union from serious cross-border threats to health by:
- Strengthening the capability of the Union for prevention, preparedness and response to cross-border health threats, including through a new bio-preparedness authority, the European Health Emergency Preparedness and Response Authority (HERA);
- Supporting actions complementing national stockpiling on essential crisis relevant products;
- Establishing a structure and training resources for a reserve of medical, healthcare and support staff.
- Enhance the availability, accessibility and affordability of medicinal products, medical devices and crisis-relevant products by:
- Encouraging sustainable production and supply chains and innovation in the Union, while supporting efficient use of medicinal products.
- Strengthening health systems resilience and resource efficiency though:
- Strengthening health data, the uptake of digital tools and services and the digital transformation of healthcare systems, including by supporting the creation of a European Health Data Space;
- Promoting the implementation of best practices and promoting data sharing;
- Enhancing access to quality, patient-centred, outcome-based healthcare and related care services;
- Supporting integrated work among Member States, and in particular their health systems.
How will non-communicable diseases, such as cancer, be addressed in the new programme?
Non-communicable and life style related diseases are among the biggest challenges facing EU health systems. Non-communicable diseases such as cardiovascular diseases, cancer, chronic respiratory diseases, and diabetes, represent major causes of disability, health-related retirement, and premature death in the Union, resulting in considerable social and economic costs. It is key to focus on prevention, combined with efforts to strengthen health systems in order to decrease the impact of non-communicable diseases on individuals and society and to reduce premature mortality towards reaching the Sustainable Development Goals by one third by 2030.
EU4Health will support disease prevention (including screening and early diagnosis for cancer) and health promotion programmes in Member States among others. EU4Health will contribute to the upscaling of the networking through the European Reference Networks, which are virtual networks and aim to facilitate discussion on complex, rare and non-communicable diseases, improving access to diagnosis and the provision of high-quality healthcare.
Will the programme contribute to the EU Beating Cancer Plan?
The pandemic has had a severe effect on cancer care, disrupting treatment, delaying diagnosis and vaccination, and affecting access to medicines. Even before the onset of COVID-19, cancer cases were estimated to increase by almost 25% by 2035, which will make it the leading cause of death in the EU. To reverse this worrying trend, the EU4Health Programme will also finance actions to fight cancer, which is one of the Commission’s main priorities. It will do so by providing funding to eligible legal entities established in Member States, such as health organisations and NGOs. Cancer will already be a strong priority in the first annual work programme for 2021, which will is expected to be adopted soon.
How will EU4Health address cross-border health threats?
The Commission is working to improve prevention, preparedness, surveillance and response to cross-border health threats. EU4Health can finance an EU reserve of medical, healthcare and support staff, and stockpiles of medical equipment.
Cross-border health threats require cross-border cooperation and the EU will play a larger role in supporting capacity and response. Beyond our own borders, the EU will support global cooperation on health challenges to improve health, reduce inequalities and increase protection against global health threats.
Will it also address shortages of medicines and personnel?
EU4Health can finance additional emergency reserves of medicines, medical devices and other health supplies to complement national reserves.
One way to make sure we have enough medical supplies is to use what we have more efficiently, in particular antimicrobials. Another way is to encourage European pharmaceutical production and innovation. EU4health will support the EU’s AMR Action Plan and the Pharmaceutical Strategy.
It will not be enough to have sufficient medicine and medical supplies. We also need a strong healthcare workforce, equipped with the necessary skills to face cross-border health threats. That is why EU4Health will also support healthcare workforce training in specific areas.
How will it improve health systems?
By making health systems more resilient, EU4Health will not only help prepare the EU to face future health crisis, but will also get Member States ready to face long-term challenges like an ageing population and health inequalities. Vulnerable groups need to have access to health services and healthcare, and inequalities between Member States and between regions in those Member States must be addressed.
When will the programme start?
Now adopted by the co-legislators, the EU4Health regulation will enter into force on the day of its publication in the Official Journal of the European Union and will apply retroactively from 1 January 2021. Next up is the preparation and adoption of the 2021 annual work programme, which is expected to prioritise crisis preparedness, disease prevention, health systems and digitalisation, as well as cancer as a transversal priority.
How much funding will be available under the EU4Health Programme and how will it be spent?
EU4Health will invest €5.1 billion over seven years to address health challenges. About €316 million are allocated to the first annual budget. Over its 7 year-lifetime, the programme will respect a number of provisions on total expenditure:
- a minimum of 20% for health promotion and disease prevention;
- a maximum of 12.5% for stockpiling crisis-relevant products at Union level;
- a maximum of 12.5% for supporting global commitments and health initiatives;
- a maximum of 8% for administrative expenses.
The programme should also contribute to mainstreaming climate action in the Union’s policies and the achievement of an overall expenditure target of at least 30% of the total amount of the Union budget and the EU Recovery Instrument on climate action.
How will EU4Health be implemented?
EU4Health will be implemented mainly by the Commission through direct management, including delegation to the executive agency. It will be implemented with eligible legal entities from Member States and third countries who will receive EU funding in the form of grants, prizes and procurement as well as indirect management by the relevant EU agencies such as European Medicines Agency or European Centre for Disease Control.
The new Health and Digital Executive Agency (HaDEA), that will be operational from 1 April, will be tasked with the roll-out and management of the annual work programmes.
The EU agencies – the European Centre for Disease Prevention and Control, and the European Medicines Agency – have a key role to play in Europe’s defence against serious cross-border health threats and pandemics, both on the prevention and on the crisis management front. The programme’s actions will enhance the work of these EU Agencies as well as of the European Food Safety Authority and the European Chemicals Agency.
To prepare the annual work programmes and monitor results, the EU4Health Regulation also sets up the consultative EU4Health Steering Group bringing together the European Commission and Member States. The Steering Group will be consulted on the annual priorities, contribute to ensure consistency and complementarity with Member States’ health policies, follow up the implementation of EU4Health and propose any necessary adjustments based on evaluations.
In addition, the Commission will consult with relevant stakeholders, including representatives of civil society and patient organisations, to seek their views on the needs to be addressed through the annual work programme, annual priorities and results.
The results of the stakeholder consultation and steering group discussions will be presented once a year to the European Parliament before the last Steering Group meeting.
Will the Commission continue to provide health funding through the European Social Fund + and other EU funds?
Whilst the EU4Health is the most ambitious health programme ever, important investments in health in the next long-term budget will also be made through other funding instruments working in synergy with EU4Health:
- the European Social Fund Plus (ESF+) to support vulnerable groups in accessing healthcare;
- the European Regional and Development Fund to improve regional health infrastructure;
- Horizon Europe for health research and innovation;
- rescEU to create emergency medical supplies;
- the Digital Europe Programme for creating the digital infrastructure needed for digital health tools;
- the Recovery and Resilience Facility for a stronger and more resilient EU from the current crisis.
Working across programmes and having shared objectives between policies will be key.
With the adoption of the EU4Health programme, the health strand of the proposal for the European Social Fund Plus (ESF+) is fully integrated into the EU4Health Programme.
How will the programme support research and innovation?
The EU4Health programme is an implementation tool for EU health policy and may support and encourage innovation regarding medicinal products and medical devices, and crisis-relevant products in the Union.
EU4Health will work closely with the European Commission’s main research programme, Horizon Europe, which includes a health cluster. Horizon Europe will finance research and innovation on topics such as life-long good health; environmental and social health determinants; non-communicable and rare diseases; infectious diseases; tools, technologies and digital solutions for health and care and healthcare systems. It will also include a Horizon Europe research & innovation mission on cancer, one of the Commission’s top priorities in health policy. The EU4Health Programme will help to ensure best use of research results and facilitate the uptake, scale-up and deployment of health innovation in healthcare systems and clinical practice.
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