Aviation

Entry and exit through airports

• On 13 August 2020 the GoI adopted regulations regarding requirements on operating airports and flights for the prevention of COVID-19 contagion.[1]
   
• On 25 January 2021 the GoI amended the regulations to prohibit the entry of foreign passenger aircrafts other than in exceptional situations.[2]
   
• On 6 February the GoI amended the regulations prohibiting entry or exit of public (scheduled) flights (of persons holding exit or entry permits) other than by Israeli flight operators.[3] This provision was rescinded two weeks later.[4]
   
• As of 16 March 2021, flight slots for public flights are to be allocated to the extent possible inter alia equally among flight operators servicing the various destinations decided on.[5]

Compensation for flight cancellations (relating to Montreal Convention 1999, art 22(1))

• On 13 July 2020 the Knesset adopted legislation[6] that reduces the liability of airlines for flight cancellation or for deviation of more than 8 hours from schedule (ahead or behind). This liability includes for assistance services, refund or an alternative flight, and compensation for the inconvenience. The law reduces the liability so as to ensure the financial viability of airlines.[7]

Health standards in aviation:

• Reliance on European standards: On 13 August 2020 the GoI adopted regulations on restrictions on entry into airport terminals and movement within them, check-in, restrictions on boarding, maintenance of cleanliness and sterilization, physical conditions on board, inflight service and data collection. The regulations require operators of international airports and operators of airline carriers to adopt work procedures and methods in compliance with the regulations that would comply, inter alia, be ‘as far as possible, with due regard to’ the EASA Guidance on Management of Crew Members in Relation to the SARS–CoV–2 Pandemic, the COVID–19 Aviation Health Safety Protocol, and the EASA Interim guidance on Aircraft Cleaning and Disinfection in relation to the SARS–CoV–2 Pandemic. The regulations also adopt the EASA Interim Guidance on Aircraft Cleaning and Disinfection in Relation to the SARS–CoV–2 Pandemic as the standard for cleaning and sterilising airline carriers.[8]

Alleviations to national regulations relating to international aircraft standards and recommended practices:

• In accordance with Article 38 of the Chicago Convention and temporary exemptions and exceptions as described in the Safety Oversight Manual (Doc 9734), Israel informed ICAO of the following COVID-19 related alleviations with regard to core and extended standards, necessary to maintain aviation operations during the COVID-19 pandemic:[9]
   
• Standard 1.2.4.4.1: In accordance with emergency regulations (new Corona Virus) (extension of validity period and postponement of dates), 2020, the validity period of airmen medical certificates issued by the CAAI whose validity period end on the dates between 10 March 2020 and 10 May  2020 is automatically extended by two months from the final date expiry of the individual medical certificate. Israel shall recognize differences filed by other states as long as long as they are within the guidelines presented in the Israeli details of difference and mitigations.
   
• Standard 9.4.1.1: Exemption FSD-153-2020 granted to Israel-certified airline El Al allows crew members to be assigned to operate at the flight controls despite not having met the recent experience requirements of the standard, provided the following conditions are met: 1) the flight crew member operating the controls has conducted, either 3 take-offs and 3 landings within the preceding 120 days, or one take off and one landing within the preceding 30 days, in an aircraft of the same type or in a flight simulator approved for the purpose. A flight crew member who has been active in the preceding 120 days, but who does not meet the above conditions, may regain their qualification by conducting a take off and landing under the supervision of a company check airman. 2) The flight crew member is not considered "inexperienced" under the company's procedures. 3) The other flight crew member assigned to the take-off and landing meets the requirements of the standard. 4) The Pilot-in-command has accumulated 5,000 hours of flight experience in large airplanes, at least 100 of which on an aircraft of the same type being operated.
   
• Rationale and conditions/mitigations: Minimization of regular flight schedule and lack of domestic access to approved simulators requires alleviation to the recent experience requirements, provided the following conditions are met: 1) The exemption is granted until 30/11/2020, unless otherwise suspended. 2) A risk assessment and mitigation activities are conducted for the operations under the Air operator's SMS. Israel shall recognize differences filed by other states as long as they are within the guidelines presented in the Israeli details of difference and mitigations. 
   
• Standard: 9.4.4.1: Exemptions granted to Israeli Air carriers (certified under chapter 13 of IANR.OPS) allow extension of the validity of a proficiency check for a period of four months after its individual expiry for each individual flight crew, provided the following is met: 1) The flight crew member has received refresher training, followed by the completion of an assessment by means established by the operator to determine that the required level of knowledge to operate the applicable class or type is maintained. That assessment shall include class – or type – specific abnormal and emergency procedures, and shall be approved by the CAAI rationale and conditions/mitigations: Lack of domestic access to approved simulators requires temporary extension of proficiency check validity provided the mitigation measures provided in the exemption are taken, and subject to the operation meeting the following conditions: 1) The exemption is granted until 30/11/2020, unless otherwise suspended. 2) A risk assessment and mitigation activities are conducted for the operations under the Air operator's SMS. Israel shall recognize differences filed by other states as long as they are within the guidelines presented in the Israeli details of difference and mitigations.