Non-EU carriers: new rules on changes to scheduled flights - International Law Office

ENAC, the Italian civil aviation authority, has recently issued new procedures for non-EU air carriers with permission to operate scheduled services to and from Italy. The procedures apply when an operator wishes to change planned flight operations and schedules that have previously been authorised under Circular EAL-15.(1)

Pursuant to Circular EAL-15, ENAC grants such permission to non-EU carriers on receipt of all relevant information concerning their flight operations (eg, frequency of flights, departure and arrival airports and type and registration marks of aircraft).

With effect from January 31 2011, ENAC resolved to expedite the procedure for making changes to authorised scheduled flights, provided that the bilateral agreement between Italy and the relevant foreign country is not infringed. ENAC authorisation is no longer required for:

• rerouting which does not involve 'fifth freedom' traffic rights;
• additional flights;
• replacement aircraft (ie, use of an aircraft other than that previously authorised), provided that the replacement is listed on the carrier's air operator certificate and on a previously filed insurance certificate;
• changes in operation date; or
• cancellations.

Although authorisation is no longer needed for such changes to a scheduled service, ENAC must be notified.(2) Carriers must supply the same information to Assoclearance, the Italian agency for airport coordination, and every airport managing company.

If ENAC decides that the notified changes may not be implemented (for whatever reason), it must communicate its opinion to the carrier in an appropriate manner; if ENAC does not respond to the notification, the modifications are deemed to be approved.

Operational changes that apply to periods which exceed the International Air Transport Association seasonal authorisation by more than two months must still be notified to ENAC in advance.

For further information on this topic please contact Laura Pierallini or Gianluigi Ascenzi at Studio Legale Pierallini e Associati by telephone (+39 06 88 41 713), fax (+39 06 88 40 249) or email (l.pierallini@pierallini.it or g.ascenzi@pierallini.it).

Endnotes

(1) Issued by ENAC on April 3 2007.

(2) Emails must be sent to scheduled.permits@enac.gov.it.