COUNCIL DECISION (CFSP) 2022/335

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas: HAS ADOPTED THIS DECISION:

Article 1
Decision 2014/512/CFSP is amended as follows: {| class="wikitable"
 * (2)
 * The following Articles are inserted after Article 4d:

‘Article 4e
1.   Member States shall, in accordance with their national rules and laws and consistent with international law, in particular relevant international civil aviation agreements, deny to any aircraft operated by Russian air carriers, including as a marketing carrier in code-sharing or blocked-space arrangements, to any Russian-registered aircraft, and to any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, permission to land in, take off from, or overfly the territory of the Union.

2.   Paragraph 1 shall not apply in the case of an emergency landing or an emergency overflight.

3.   By way of derogation from paragraph 1, the competent authorities may authorise an aircraft to land in, take off from, or overfly, the territory of the Union if the competent authorities have determined that such landing, take-off or overflight is required for humanitarian purposes or for any other purpose consistent with the objectives of this Decision.

4.   The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 3 within two weeks of the authorisation.

Article 4f
1.   The Network Manager appointed by the Commission pursuant to its Implementing Decision (EU) 2019/709 shall support the Commission and its Member States in ensuring the implementation of, and compliance with, Article 4e. The Network Manager shall, in particular, reject all flight plans filed by aircraft operators indicating an intent to carry out activities over the territory of the Union that constitute a violation of the provisions of this Decision, or of other safety and security measures in place, such that the pilot is not permitted to fly.

2.   The Network Manager shall regularly supply to the Commission and Member States, based on the analysis of flight plans, reports on the implementation of Article 4e.’; {| class="wikitable"
 * }
 * (3)
 * Article 8 is replaced by the following:

‘Article 8
It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in this Decision, including by acting as a substitute for the natural or legal persons, entities or bodies subject to those prohibitions, or by acting to their benefit by using any of the exceptions provided for in this Decision.’.
 * }

Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.


 * Done at Brussels, 28 February 2022.