On March 16, 2022, after the imposition of sanctions by the European Union against Russian civil aviation and in connection with the unilateral cancellation of airworthiness certificates (ACC) of Russian aircraft by the Bermuda aviation authorities, the Government of the Russian Federation suspended the agreement with Bermuda, according to which the functions of overseeing the maintenance of airworthiness aircraft were carried out by the Bermuda air authorities.
To counter sanctions restrictions and prevent the collapse of Russian civil aviation, on March 14, Russian President Vladimir Putin signed a law on registering the rights to foreign aircraft leased by Russian companies and issuing domestic aircraft carriers to them. By mid-June, 1,207 aircraft were registered in the Russian aircraft register, of which 1,151 were passenger aircraft.
On June 15, the International Civil Aviation Organization (ICAO), at the twelfth meeting of the 179th session, expressed concerns about the security of Russian civil aviation and issued appropriate closed notice to members of the organization. In accordance with Article 18 of the Chicago Convention, ICAO warns the Russian Federation about the inadmissibility of dual registration of aircraft, because this applies to the international recognition of licenses for radio equipment and airworthiness certificates for aircraft, which, according to officials of the organization, adversely affects the safety of flights in Russia. It is necessary to resolve the issue of dual registration before September 14, otherwise Russia will have a “red flag” on the ICAO website, where the results of flight safety audits are published, and the Russian Federation will become the third country after Eritrea and Bhutan, where problems with ensuring flight safety are officially declared.
The Ministry of Transport of Russia does not confirm the concerns of ICAO related to the double registration of aircraft. "Ensuring flight safety is the highest priority of the Russian aviation authorities," the statement reads. message on the website of the department. And on June 22, during a meeting of the ICAO Council, a representative of the Russian Federation announced violations by individual states of the fundamental provisions of the Chicago Convention, expressed in the introduction of illegitimate unilateral restrictive measures.
“The transfer of aircraft to Russian jurisdiction has enabled the Federal Air Transport Agency to perform the functions of supervising the maintenance of the airworthiness of aircraft and issue airworthiness certificates confirming the compliance of aircraft with established standards and requirements. This approach is consistent with the provisions of Articles 17-19 of the Chicago Convention, which provide for the transfer of registration of aircraft from one state to another and the registration or change of registration of aircraft,” the Ministry of Transport said.
To resolve the issue of dual registration, Russian airlines sent notifications to the Bermuda aviation authorities about the need to deregister aircraft. In order to comply with Article 18 of the Chicago Convention on the part of Bermuda, the local aviation regulator needs to remove aircraft registered and operated in the Russian Federation from its register.
The problem is that leasing companies have never allowed their aircraft to be registered in the Russian registry, and after the imposition of sanctions, they demanded the return of all aircraft that are under operational lease from Russian airlines. The deadline was given until March 28, but for the most part the planes were not returned. As Minister of Transport Vitaly Savelyev said at a meeting in the Federation Council on March 23, 2022, “we took someone else’s property.” And now, in the current conditions, the Russian aviation authorities must negotiate with both lessors and Bermuda in order to get out of this legal impasse created by the efforts of former partners. It will be extremely difficult to do this, given the external pressure that ICAO, the Bermuda regulator, and leasing companies are under.
The fact that this legal impasse is artificial, deliberately created and directed specifically against Russian civil aviation is proved by several facts.
Fact 1. The presence of a competitive airliner MS-21.
In Russia, in 6-8 years, this aircraft will become a real competitor to liners A and B, which will lead to their displacement from the Russian market. This will entail serious financial losses for both Boeing and Airbus, so there will still be attempts to slow down the creation of the MS-21. No matter how hard the Western "partners" tried to disrupt the implementation of this project, they only managed to slow it down. The deadlines have shifted seriously - by 5-6 years. First, since 2019, I had to urgently look for a replacement for foreign composites, then first test the Russian PCMs themselves, and then the wing. In December 2021, an MS-21 with a wing made of Russian composite materials took to the skies. In 2022, deliveries of absolutely all aircraft systems, units, avionics, avionics and engines were banned. The import substitution program began several years ago, most of it should end on December 31, 2023. In Perm, production is being modernized to increase the serial production of PD-14 engines. The first six production MC-21-310 aircraft with Russian components are planned to be handed over to the first operators in 2024.
Fact 2. Russia has the longest and largest land area in the world.
The distance from the western borders to Kamchatka is more than 7,000 km. The initiators of anti-Russian sanctions are well aware that in a country with such a territory as Russia, where the distance between regions and major cities is several thousand kilometers, it is impossible to do without air traffic. Therefore, the sanctioners initially understood that the demand to return the aircraft to the lessors would not be fulfilled, to allow a transport collapse would be tantamount to the disintegration of the country. Hence, there are great opportunities, by saturating our market with our aircraft, to create a situation where it becomes impossible to operate them, and failure to comply with the requirements is fraught with the issuance of a “black mark” to the country.
Fact 3. Sanctions, restrictions, various conditions and relaxations are not introduced all at once, but in stages.
The reason for this behavior is explained by the fact that the initiators of the sanctions look at the reaction of both our country and the global civil aviation market, lessors, and insurance companies. There is a high probability that the Russian aviation authorities will be able to reach an agreement with Bermuda and leasing companies to exclude the registration of aircraft of Russian airlines in more than one jurisdiction. Otherwise, in order to avoid "red flags" and "black marks", the aircraft will have to be returned to their owners. At the same time, a one-time return of more than 700 boards can lead lessors to significant losses. ICAO has voiced its concerns about the safe operation of these aircraft, and it will not be easy to find new customers for aircraft with a dubious history. Therefore, Russian negotiators need to convince the "partners"
Against this background, the Ministry of Transport declares that today the Russian Federation has all the possibilities for servicing aircraft and maintaining their airworthiness. This work can be carried out by 11 organizations with sufficient resources and qualified personnel capable of dealing with repairs of varying complexity. The companies have the necessary technologies, hangars, stands and equipment. Aircraft maintenance continues to be carried out by the same specialists and tools as before.