ENAC, the Italian Civil Aviation Authority, recently issued Circular EAL-16, which establishes a framework for: (i) the process of granting an air transport licence; and (ii) ENAC's activities in relation to the assessment and maintenance of the nationality and financial requirements established by EU rules on the issuance of such licences.

Article 2 of the circular states that airlines are required to submit to ENAC an annual statement certifying their compliance with the requirements. Airlines must also include a business plan.

In order to guarantee both the compliant operation of air transport services and the airlines' financial stability, and in addition to the measures above, ENAC must reassess air transport licences in certain other circumstances. If relevant structural and operational changes occur, the company must submit to ENAC an updated business plan and the documentation stipulated in Point B of the annex to EU Regulation 2407/1992. If an airline becomes insolvent or is in serious financial difficulty, it must supply such information as ENAC may request, as well as the documentation required in Point C of the annex.

In addition, an airline's licence will be reassessed if:

  • the airline has not commenced activity within six months of the licence being issued;
  • it has ceased its activity for more than six months; or
  • having been authorized to operate aircraft with fewer than twenty seats, it wishes to operate larger aircraft.

If the conclusions of the assessment are negative, ENAC may revoke or suspend the licence.

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 ([email protected] or [email protected]).