L’UNIONE EUROPEA, PENA SANZIONI, RICHIAMA SPAGNA E DANIMARCA PER LE INFRAZIONI AL DOVERE DI RISPETTARE LE REGOLE VERSO GLI AEROMOBILI STRANIERI NON COMUNITARI

Dopo la conferma che, a parte i citati casi di Danimarca e Spagna, in nessun altro paese europeo viene negata la possibilità di mantenere le matricole November per aeromobili che comunque hanno assolto le previste formalità fiscali per avere diritto alla libera circolazione in ambito EU, anche AOPA Italia sta preparando un documento esposto alla Corte di Giustizia Europea, affinché cessino le azioni di ostilità nei confronti dei proprietari europei di aeromobili con matricola “November/FAA”.

Qui di seguito, il testo delle notifiche ufficiali di infrazione:

Aviation safety: Commission calls on SPAIN to correctly apply EU legislation
The Commission today decided to send a letter of formal notice to Spain (INFR(2022)2001) for incorrectly applying Regulation (EU) No 2018/1139 on civil aviation and the European Aviation Safety Agency and Regulation (EU) No 1178/2011 on civil aviation aircrew. Spain requires aircraft already registered in other Member States or in third countries to be re-registered in Spain before they can be permanently based there, even when they fall under the scope of Regulation (EU) 2018/1139 which requires recognition of declarations and certificates issued under its terms. Regulation (EU) No 1178/2011 specifies requirements for aircraft used by pilot training organisations. The Spanish obligation for re-registration of certain aircraft imposes an additional requirement that hinders the harmonisation needed to guarantee a high and uniform level of civil aviation safety in the Union, and it infringes on the right of operators of aircraft registered in other Member States or third countries to base such aircraft in Spain. Spain now has two months to reply to the arguments raised by the Commission; otherwise, the Commission may decide to send a reasoned opinion.

Aviation safety: Commission calls on DENMARK to respect the rules on foreign-registered aircraft
The Commission today decided to send a reasoned opinion to Denmark (INFR(2020)4056), requesting that it stops requiring aircraft operated for non-commercial purposes, falling under the scope of Regulation (EU) 2018/1139, and already registered in other Member States or in third countries, to re-register in Denmark before they can be permanently based there. The obligation to re-register such aircraft undermines the freedom to provide services enshrined in Article 56 of the Treaty on the Functioning of the European Union (TFEU), as well as the free movement of goods as enshrined in Article 34 of the TFEU, which are both further guaranteed by Regulation (EU) 2018/1139. Regulation (EU) 2018/1139 facilitates the free movement of goods, persons, services and capital in relation to civil aviation. To do so, it requires recognition of declarations and certificates issued under its terms. The Regulation is applicable to aircraft registered in the Union, as well as aircraft registered in a third country but which are operated by an operator established, residing, or with a principal place of business in a territory to which the Treaties apply. Denmark accepted to change its administrative practices as regards aircraft registered in other EU Member States. However, the national legal base for these practices has not yet been amended, which constitutes an ongoing infringement. Denmark is also continuing such restrictive practices with regard to aircraft registered in third countries. Denmark now has two months to reply to the arguments raised by the Commission; otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

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