Overview

The publication of Council Regulation (EU) 2023/1214 amending the Regulation (EU) No 833/2014 in the Official Journal of the European Union marks another significant development in response to Russia’s invasion of Ukraine. This amendment brings about important clarifications pertaining to the procedural requirements for notifying competent authorities about non-scheduled flights between Russia and the Union.

Background

Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine was amended by Council Regulation (EU) 2023/427 of 25 February 2023 by inserting the following paragraphs in Article 3d:

“5.   Aircraft operators of non-scheduled flights between Russia and the Union, operated directly or via a third country, shall notify all relevant information concerning the flight to their competent authorities prior to their operation, and at least 48 hours in advance.

6.   Upon refusal of a flight notified in accordance with paragraph 5, the Member State concerned shall immediately inform the other Member States, the Network Manager and the Commission.”

Nevertheless, this insertion was unclear as to which competent authorities the relevant information concerning the flight had to be notified.

The new Council Regulation (EU) 2023/1214 was published in the Official Journal of the European Union on June 23^rd to address this issue and provide clarifications: the competent authorities of the Member States of departure or destination shall be the ones to receive notifications of non-scheduled flights between Russia and the Union.

Indeed, in Article 3d of the EU regulation 833/2014, paragraph 5 is replaced by the following:

Aircraft operators of non-scheduled flights between Russia and the Union, operated directly or via a third country, shall notify prior to their operation, and at least 48 hours in advance, all relevant information concerning the flight to the competent authorities of the Members State of departure or destination.