Are there any specific information-sharing obligations for operators of non-scheduled flights to demonstrate that they are adhering to the requirements concerning flight prohibition, which are outlined in the Sanctions Regulations?
Answer
Without prejudice to Article 3d(5) of Regulation (EU) No 833/2014, upon request of the competent authorities of the Member State of departure, destination or overflying, aircraft operators shall provide, for non-scheduled flights, information needed for the purpose of verifying compliance with Article 3d(1) of said Regulation, including, among other information:
- credible and satisfactory information regarding the actual ultimate beneficial owner of the aircraft and, where applicable, of the natural or legal person, entity or body ultimately chartering the aircraft; and
- a general declaration, passenger manifest and other official documents displaying the full names, birth dates, birth places and nationalities of all passengers and the crew members, where EU Member States’ authorities consider that reasonable grounds to suspect circumvention of the prohibition in Article 3d(1) exist, based on factors such as routing and origin of the flight or information about the relevant operator.
The information shall be provided in advance of landing in, taking off from or overflying the territory of the Union, within a deadline set by the competent authorities of the Member State or Member States concerned.
Any processing of personal data pursuant to Article 3d(1) shall be carried out in accordance with this Regulation and with Regulations (EU) 2016/679 and (EU) 2018/1725 and only in so far as necessary for the application of Regulation (EU) 833/2014.