New ENAC Rules on Designation of Airlines for Additional EU Routes

The recent revision of the Italian Navigation Code has introduced a new regulation on the designation of air carriers wishing to access additional EU routes. Paragraph 2 of the new Article 785 of the code provides that the relationship between the air carriers and ENAC, the Italian Civil Aviation Authority, must be established and regulated by an agreement. The criteria for the selection must be transparent and non-discriminatory, and must be determined and announced in advance.

Regulation EAL-14, which ENAC issued on February 22 2007, governs the procedure which it must follow when assigning traffic rights to additional EU destinations and appointing carriers. Article 4 of the regulation states that if the destination is outside the European Union, ENAC may not assign rights and appoint a carrier unless there is a bilateral or multilateral air traffic agreement between Italy and the non-EU state.

ENAC must publish new air traffic agreements and amendments to existing agreements on the website of the European Commission's Communication and Information Resource Centre Administrator in order to inform other EU aviation authorities of its decisions. EU airlines, including national carriers, must submit their applications, as well as an operational programme for at least one International Air Transport Association season, within 30 days of publication. ENAC may assign traffic rights to one or more carriers pursuant to the applicable air traffic agreement, provided that the carriers hold an EU licence.

Once a carrier has been designated by ENAC on a certain route, the authorities in the destination state may not reject the designation unless the carrier fails to meet the requirements of the applicable air traffic agreement. However, they are entitled to ask for supplementary documentation in respect of the economic, organizational and technical requirements of the appointed carrier.

For further information on this topic please contact Laura Pierallini or Gianluigi Ascenzi at Studio Legale Cannata Pierallini by telephone (+39 06 88 41 713) or by fax (+39 06 88 40 249) or by email (pierallinil@canpier.it or ascenzig@canpier.it).