Changes in the interpretation of restrictive measures against Russian nationals and persons with dual EU-Russian citizenship in aviation

The European Aviation Safety Agency EASA updated their guidelines as regards EU restrictive measures against Russian nationals and persons with dual EU-Russian citizenship on 8 March 2024 (External link). The changes are the result of the judgement of the General Court in the case of Islentyeva v Council (Case T-233/22).

In its judgement, the General Court clarified the interpretation of the word 'controlled' to allow for the exercise of private pilot privileges in Europe, which had previously been prohibited. The preconditions are that the piloted aircraft cannot be a Russian-registered aircraft or a non-Russian-registered aircraft that is owned or chartered or otherwise controlled by a Russian natural or legal person, entity or body.

As a result of this new interpretation, the training, skill tests and proficiency checks of private pilots or recreational pilots are also allowed as long as the person undergoing training does not intend to operate a Russian-registered aircraft or a non-Russian-registered aircraft that is owned or chartered or otherwise controlled by a Russian natural or legal person, entity or body or fly in Russia.

The person undergoing training is obligated to demonstrate the fulfilment of the above-mentioned requirements in writing. The documents serving as evidence must be submitted to both the provider of the theory and flight training and the Finnish Transport and Communications Agency Traficom. In the case of a person who already holds a pilot licence, the person must submit a confirmation of compliance with the above-mentioned requirements to the flight examiner or flight instructor before a proficiency check or refresher training flight.

Other considerations

In Finland, the national competent authority referred to in EU sanctions regulations is the Ministry for Foreign Affairs. The implementation of the sanctions in different administrative sectors is handled by ministries, National Enforcement Authority Finland, Finnish Customs, the National Bureau of Investigation, the Financial Supervisory Authority, the Finnish Border Guard and the Regional State Administrative Agency for Southern Finland, among others.