The Full Story behind Ban of Libyan Airlines from Operating in EU

Photo: Afriqiyah Airways plane is standstill at an airport. By Dr. Amin B. Marghani On 3 April, the European Commission adopted the 19th update a ruling banning Libyan carriers from flying into EU countries, saying that “following constructive consultations, Libyan authorities decided to adopt strong measures applicable to all air carriers licensed in Libya, which exclude them from flying into the EU until at least November 2012.” However, it is the Libyan Minister of Transportation to blame for encouraging such ruling by the EC Aviation Safety Committee (ECASC) by acknowledging its claims, right or wrong, and volunteered to prevent Libyan air carriers from operating into Europe’s airspace. In its ruling the ECASC used the Libyan minister’s ‘acknowledgement’ to do two things. First, even though there were no grounds to ban Libyan airlines, the uncalled for and clear acknowledgement by the Libyan minister of transportation save ECASC from making any efforts to explain its ban. Secondly, Libyan airlines would have been banned at any time provided that they violated their own Minister’s halt of flights. This way of dealing with such matter has no precedence. A Minister is supposed to protect the country’s interests. The Libyan airlines deserve protection since there were no safety issues related to the airlines, and almost all aircraft maintenance is carried out on Libyan aircraft with Lufthansa Technique, Air France or other European specialised firms. After all airlines are vital because they represent strategic organisations and they are important for the country’s economy and society. The story goes back to September 2011when the Libyan Civil Aviation Authority (LCAA), looked to resume overseeing flight safety after the fall of Gaddafi, the Authority had to start an uphill struggle to come to grips with its responsibilities to oversee and enforce compliance to airworthiness regulations in a situation laden with security and administrative concerns. In the process, two questions were of significance and needed answers: first what to do about outstanding findings which remained unresolved since ICAO audit carried out in 2007, the other is to see that Libyan air carriers resume operations and restore their pre-war network. In this context, LCAA started dealing with the European Commission. The LCAA thought that a few weeks were required before airlines could reposition themselves to resume operations and wrote to the EC, suggesting that in the weeks as such required by the airlines, could be sufficient to mend many of the outstanding issues. LCAA was talking to CAAI, a British CAA consultancy, which would have been on the list of firms who can help effectively. In response, the Libyan CAA was warned by the EC that unless they met a stringent deadline to provide promised information, the matter would be referred to EC Aviation Safety Committee which would ban Libyan Operators. A technical team was quickly formed to make several presentations to Brussels showing airlines had no problems. At the last meeting the Libyan Minister of Transportation decided to head the team and lead the negotiations only to decide banning his own carriers from flying to Europe. Meanwhile, Libyan air carriers are leasing aircraft to resume operations and have to abstain from operating to Europe using Libyan registered aircraft unless the airworthiness is transferred to another country, the aircraft are reregistered in another country or until the EC Air Safety Committee is satisfied that The Libyan Civil Aviation Authority can carry out airworthiness oversight efficiently. Though the ECASC does not ban Libyan air carriers, and was made to show determination from ECASC that air safety is intolerant of less than perfection, this is a case that deserves investigation whether the ruling was genuinely necessary. The problem lies with the Libyan Civil Aviation Authorities (LCAA) as acknowledged by the Libyan Minister of Transport and the ECASC. LCAA has been working to adopt a fast track program to rectify issues but remains constrained by the consequences of war in Libya and continued lack of funding. The LCAA was unable to make good and quickly remedy certain ICAO findings (reported in 2007) after the war and, simply remained not fully ready to implement full airworthiness oversight and to EC satisfaction. Normally, since the shortfall in legislation and regulations and their enforcement is true, the Libyan Government should have sought assistance by negotiating an agreement with a neighbouring country, as permitted under the Chicago Convention, to include Libya in their airworthiness oversight jurisdiction until Libyan Civil Aviation Authority gets ready. But the Minister of Transportation chose to sacrifice the national airlines and request the exclusion of Libyan air carriers from Europe. True the airlines were under scrutiny but not condemned and thus not included in the EU banned airlines list. The Draconian measure explained by the ECASC as a consequence of the request made by the Libyan Minister, distancing itself somewhat from the decision. European Airlines will continue to operate into Libyan Airspace controlled by the same Libyan Airworthiness Authority. That is incredible. If the Libyan authorities asked to ban the Libyan National Airlines, because of the inadequacy of the Libyan Civil Aviation Authority ‘Airworthiness ‘ deficiencies, then European Airlines should abstain from flying to Libya, too? If they don’t, Libyan airlines should be allowed back into European airspace. The Libyan Transport Minister’s abstention order should be revoked, and the Grip of the Transport Minister on the LCAA and airlines should be loosened and the LAW applied. He is supposed to be a politician and leave technical people to do their job. Libya should seek to include its airworthiness enforcement in another country’s civil aviation authority until LCAA becomes fit again. The writer is an air transport consultant. He contributed this article to The Tripoli Post.