All the FAQ

ACAM Program

• What is a Root Cause Analysis (RCA)?

  Root cause analysis (RCA) is a class of problem solving methods aimed at identifying the ultimate causes of problems or events. The practice of RCA is based on the belief that problems solved better by trying to address, correct, or eliminate underlying causes, compared to just addressing the immediately obvious symptoms. If corrective measures are directed to the latest causes, it is more likely that the recurrence of the problem will be prevented. However, it is recognised that it is not always possible to prevent the recurrence of non-compliance with the adoption of a single corrective action. Conversely, there may be more effective measures (methods) that can solve the root cause of a problem. Thus, RCA is often considered as an ITERATIVE process, and is often seen as a continuous improvement tool. RCA is typically used as a Reactive method for resolving a non-conformity: The analysis is done after an event has occurred. Personnel experience in the use of Methodologies for RCA, test useful as a pro-active method. In this case, RCA can be used to predict or predict likely events, even before they occur. RCA is not a single well-defined methodology: there are many different tools, processes, and philosophies for performing RCA analysis. The general principles that I must always keep in mind for the effective conduct of the CAR are:

  I. The primary objective of the CAR is to identify the main cause(s) of a problem in order to it determines effective corrective actions to prevent the specific problem from recurring in the future, i.e. to address the problem with virtual certainty of success. (The term “Next” is meant as almost certain prevention of recurrence of the problem.)

  II. To be effective the RCA must be carried out systematically, usually as part of a investigation whose findings and causes must be supported by documented evidence. This usually requires effective teamwork among the skills involved.

  III. There may be more than one ultimate cause for an event or problem, the difficult part is to demonstrate by analysis their Persistence in the phenomenology under examination and support the effort needed to prove it.

  The purpose of identifying all solutions to a problem is to prevent the recurrence of non-compliance at the lowest cost in the simplest way. If there are alternatives that are equally effective, then the simpler or lowest cost approach will be preferred. Identification of the ultimate cause depends heavily on how the problem or event is defined. An effective reporting on the problem and description of events (such as failures, for example) are useful, if not necessary. To be effective, the analysis should establish a sequence of events or timelines to understand the relationships between contributing factors (causal), ultimate cause, and the problem or event defined to avoid it in the future. RCA can help a reactive culture (which reacts to problems) into a forward-looking culture that solves problems before they occur or intensify. More importantly, it reduces the frequency of problems that occur over time within the environment in which the RCA process is used. Φ In order to achieve the effectiveness and success of the RCA, forms of support from management are often necessary, such as a non-punitive policy towards those who are ready to IDENTIFICATE problems within a system. Note that RCA is the most critical part of the success of corrective action as Eastern corrective action towards the real cause of the problem. The determination of the main cause of non-compliance is secondary in relation to the objective of prevention, but without knowing the main cause, it cannot be determined what an effective corrective action is for the specific problem.

   

• What does an ACAM inspection typically expect?

  Each ACAM Inspection requires verification on a sample of a number of key airworthiness risk elements (key airworthiness elements), defined in AMC M.B. 303 (b. A detailed definition of individual KREs is contained in Appendix III to GM1 to M.B.303(b) which also provides supporting information, lists typical items and regulatory references. For each KRE, the verification sample shall be significant and representative of the areas of greatest attention. Therefore, the VERIFICATIONS do not necessarily concern “all” elements relating to a particular KRE (e.g. “all” parts with limited life, or “all” airworthiness requirements) but a significant sample of them, taking into account the time and resources actually budgeted. The identification of this sample falls within the competence of the professional(s) in charge of the ACAM inspection and is selected by it in such a way as to be significant and representative within the population and in the specific reference context and appropriate in terms of the need in any case to ensure the achievement of the objectives of the ACAM programme itself (ref. AMC/GM relating to point M.B.303(b)).

• What Are the Types of ACAM Inspection?

  The AMCs associated with M.B.303 and ML.B.303 provide guidance on the types of Inspection to be performed under the Program and its contents and purposes (this represents a basic structure acceptable also under Part ML), which may include a documentary analysis phase and, in all cases, physical inspection of the aircraft within the limits of the scope and purpose of the inspection, shall be identified as:

  in-depth inspections (in-depth inspection);
  ramp inspections (Ramp inspection);
  In-flight verifications may be associated with each of these inspections when necessary, i.e. when it is not possible to complete airworthiness inspections in flight (flight inspection), it is performed on the ground. The airworthiness verification activities of aircraft and in the surveillance programmes of aircraft operators (ref. AMC M.B.303 and point 4 of AMC M.B.303(d)) include:

  a) In-depth inspections: inspections during major maintenance, inspection at the main base of a CAMO operator/organisation for a single aircraft;

  b) In ramp inspections: ramp inspections of the surveillance programme of certified aircraft operators;

  In order to improve the efficiency of the activities, combined VERIFICATIONS may be carried out during surveillance audits (both ongoing audits and changes), which may cover, for example, but not only:

  • The In-depth ACAM inspection;
  • the airworthiness review;
  • Physical inspection for permission to fly;
  • The inspection for the certificate of airworthiness for export;
  • The product audit in accordance with M.B.704(c);
  • The product audit in accordance with Part 145 or Part M, Chapter F;
  • the supervised review for the authorisation of ARS, provided that it covers the full scope of the physical inspection in accordance with M.A.710(c) and notes related to notifications of deficiencies in the PdM declared pursuant to M.A.302(h)4 by the owner/operator of ELA1 aircraft not engaged
  • The checks related to deficiencies notifications in the declared M.A.302(h)4 PdM by the owner/operator of ELA1 aircraft not used in commercial operations.
  • Ground inspections conducted according to ARO.OPS or ARO.RAMP (of the EU Regulation on Air Operations).

• When is the ACAM inspection to be considered closed?

  The ACAM inspection of each aircraft provided for in the annual ACAM plan may be considered as closed only when the results of the root analysis for each non-conformity found are agreed and, against them, Inspector ENAC has notified the owner/operator that the evidence on the effective closure of the proposed corrective, preventive and proactive actions is satisfactory. Note that in the case of aircraft inspection not “I” the findings must/may be notified to the country of registration as appropriate.

• What happens in the event of non-compliance following an ACAM inspection?

  Each finding resulting from an inspection shall be categorised by reference to a KRE and the applicable regulatory requirements. Part M and Part ML shall require the Authority that the non-compliances identified with the ACAM inspection shall be analysed in terms of safety significance and, if any, the ultimate cause and the necessary actions to remove them. Therefore, the ACAM Inspector shall communicate in writing (on the basis of the existing models provided by ENAC) any non- compliances, with the relevant classification (level 1 or 2), to the subject concerned by the inspection, in order to initiate in a reasonable time frame the Root Cause Analysis and the appropriate corrective actions, the adequacy and effectiveness of which in removing the final cause identified in the previous analysis and thus avoiding the recurrence of non-compliance, must have been ascertained, as applicable, with appropriate follow-up VERIFICATIONS. In case of significant non-compliance for safety : see “What happens in case of significant non-compliance for safety?”. The communication identifies for each finding, in a manner appropriate to the nature, scope, severity and extent of the same, the deadline for identifying the root causes, the need to receive appropriate corrective/preventive/proactive actions and the verification of their effectiveness and adequacy in the terms described above. In relation to the importance and classification of the survey, the actions required may also include in the most serious cases measures in relation to the validity of the ARC of the aircraft or the approvals of the undertakings involved (e.g. M.B.705 and its AMC M.B.705(a)(1). The same ACAM inspector, in relation to a survey or a group of findings, will carry out an analysis of the safety significance and in case of significant non-compliance for safety will proceed to the identification of the causes and the actions necessary to eliminate them. In the event such actions also affect entities or organisations other than the specific Directorate responsible for the oversight of the aircraft, the latter, through the Central Technical Supervision Directorate, will transmit the information on the non-compliances identified to the ENAC Directorates or competent authorities abroad, in order to ensure appropriate enforcement actions. Replies from the inspected entity must be formally sent to ENAC, at protocollo@pec.ENAC.gov.it,while ensuring that the ACAM Inspector is included in a copy. If the subject does not have a PEC, he or she may send as necessary by email to the contact details that the inspector will communicate to the data subject. The team will ensure that the Submitted material is recorded in the ENAC protocol. If, in conducting the root cause analysis, the person responsible for airworthiness Identifies or assumes among the possible causes of non-compliance against other entities, such as e.g. I love 145 or CAMO, it is desirable that those who carry out the RCA involve them in advance in the analysis. If the ultimate cause of a finding, as agreed with ENAC, identifies a non-compliance with any chapter of Part M/ML or other part of EASA legislation, ENAC, to the extent of the various internal competences, will take the actions envisaged in relation to this situation (e.g. M.B.705 and related AMC, M.B.605 and related AMC, etc.).

  In the event that aircraft registered in other EU States or undertakings approved by other EU authorities are involved, ENAC shall also forward appropriate communications (ref. M.B.1 05 and M.B.303(i)) to the competent authority of the Member State concerned in such a way as to make it possible to take the relevant measures and conduct appropriate analyses in accordance with the legislation in force. If deficiencies are detected during inspections requiring one or more corrective actions to be taken on the aircraft before the next flight, the inspector in charge of the inspection shall immediately notify the owner/operator and/or the CAMO/CAO undertaking which contractually manages its continuing airworthiness in accordance with Part M/ML (or their formally delegated representative) with the most effective instrument for the purpose (hand delivered report, annotation in the technical logbook or aircraft booklet, etc.). Particularly critical situations (e.g. in the case of Level 1 findings contested by the owner/operator/company) are immediately brought to the attention, including through the short routes, of the ENAC Director responsible for the subsequent actions. Pursuant to Article 10 of Regulation 2018/1139 et seq., the ENAC Office shall take, directly or through the airport or public security authorities, any measure, including the detainment of an aircraft, capable of preventing the continuation of an infringement. In other cases, the inspector in charge shall, at the end of the inspection, carry out an appropriate de-briefing with the owner/operator and/or the CAMO undertaking which contractually manages its continuing airworthiness in accordance with Part M (or their formally delegated representative) on the results of the inspection pending the formalisation of the inspection by the Directorate/Operations Office. In the event that aircraft registered in other EU States or undertakings approved by other EU authorities are involved, the Directorate/Operations Office shall subsequently forward appropriate communications (ref. M.B.105 and M.B.303(g) or as applicable ML.B.105 and ML.B.303(g)) also to the competent authority of the Member State concerned so as to make it possible to take the relevant measures and conduct appropriate analyses in accordance with the legislation in force.

• What is meant by force majeure/exercise?

  Worst case of selected aircraft not reachable (as per samples) can be:

  a) occurred in an accident and is not assumed to be put back into efficiency with timeframes compatible with the ACAM plan;

  b) due to unforeseen operational needs, the subject of a rescheduling of the relevant operational deployment plan (e.g. case of ramp survey) or slots of the related scheduled maintenance intervention (e.g. in-depth case);

  c) subjected to the hypothetical maintenance work due to unexpected reprogramming of the maintenance slots by the originally planned maintenance company;

  d) is removed from fleet due to deletion of activity by the owner/operator;

  e) be transferred to another register.

  In such cases, the Inspector ENAC in charge may assess in conjunction with the owner/operator of the aircraft whether to reschedule the intervention by keeping the selected registration mark or replace with another aircraft falling within the same characteristics (same operator, same type, same operating environment), notifying (internal) the ACAM Committee.

• What are the obligations of the owner/operator?

  The person or organisation responsible for continuing airworthiness of the aircraft, as defined in M.A.201(a)/ML.A.201(a), shall provide assistance to the inspector(s) in charge of accessing the aircraft and associated documentation, including maintenance records. Therefore, it shall ensure that the selected aircraft is presented clean and that adequate maintenance personnel support for the ACAM inspection is provided to the ENAC inspector/team.

  The owner/operator must ensure that:

  a) the appropriate information to ENAC to identify, based on the operational-maintenance planning of the aircraft forming part of the annual ACAM sample, date, place and type of inspection to be carried out;

  b) The aircraft is made available to ENAC for the execution of the specific type of ACAM Inspection identified therein at the agreed place and date;

  c) the appropriate resources are put in place and made available to allow, within the prescribed time limits, the identification of the final cases relating to the findings that emerged during the request for ACAM Inspection;

  d) in relation to the above, appropriate corrective/preventive and proactive actions are identified and implemented within the time limit set to avoid the recurrence of the evidence highlighted.

  Because the conduct of ACAM inspections may require the use of technical documentation and/or the carrying out of operations and inspections that may require the performance of maintenance activities with the consequent need for a CRS release, the owner/operator will ensure that a level of support to ENAC is provided comparable to that envisaged M.A.901 (j). By virtue of the above, where the verification activities carried out on the aircraft selected within the programme are deemed to be linked to the requirements and intents of paragraph M.B.704(c) of paragraph M.B.704(c) for the continuous oversight of the CAMO undertakings that manage the continuing airworthiness of those aircraft. However, it should be pointed out that, apart from the obligations deriving from the regulatory requirements mentioned above, adequate support to ENAC’s activities for the efficient and effective implementation of the ACAM programme contributes to ensuring that all actors in the aviation sector can operate in an “industrial” context in which the reference legislation is implemented consistently in all the sectors involved ▼ The above and especially to operators in the private sports-recreation sector engaged in first-person management of the continuing airworthiness of their aircraft, as it addresses a high level of safety that is proportionate to the complexity and non-finality of the above-mentioned evidence, also capable of responding to the risk.

• What happens if the owner/operator refuses to carry out an ACAM inspection?

  The refusal by the owner/operator of the aircraft, without justified reason or as a result of a manifest attitude to prevent inspection and/or make the aircraft available for ACAM inspection, shall be considered as level 1 non-compliance with actions limiting on the validity of aircraft airworthiness certifications.

  Indicatively, except for preparation and post-inspection time frame (assessment of approval and effectiveness of corrective actions in relation to the identified root cause), or special cases, an in-depth ACAM verification of a complex aircraft should be performed in two days, while for other simple aircraft should be sufficient one day.

• Can the owner/operator oppose the conduct of an ACAM inspection?

  The owner/operator may not oppose the conduct of an ACAM inspection, except for reasons of force majeure duly documented. Under M.A.201(j)/ML.A.201 (g) the person or organisation responsible for continuing airworthiness of the aircraft (as defined in M.A.201(a)/ML.A.201(a)) shall ensure that the planned and notified ACAM inspection can take place in the form and manner required by ENAC, considering margins of agreement in the definition of the place and date of the inspection. Otherwise, it applies as defined in the FAQ “refusal case”.

• What are the findings of an ACAM inspection?

  At the end of the inspection, the relevant Inspection Report will be drawn up by the Inspector(s), recorded in the ENAC database. The report, including any non-compliance (reliefs).

  In the case of Inspection without findings, the standard does not oblige ENAC to send the Registered Inspection Report. In the case of Inspection with findings, these will be classified by the inspector and notified to the owner/operator, as well as to any involved organization. The findings actionee has to provide formal answers to the inspector, identifying the Root Cause Analysis, as well as the follow-up and closure of corrective actions.

  See FAQ “What happens in the event of non-compliance following an ACAM inspection”.

• How is the ACAM programme implemented?

  For each of the aircraft identified in the annual ACAM programme, the inspector in charge shall contact its owner/operator and in co-ordination with it, any CAMO or maintenance undertakings potentially involved, in order to verify, in relation to the operation and the planning of the planned maintenance, the date and place where the specific type of ACAM Inspection can be carried out Physical inspection of the aircraft is required at each ACAM Inspection.

  For each aircraft selected, at least one of the types of in-depth Inspection and ramp inspection will be performed.The majority consists of in-depth inspections, uniformly divided into the use groups provided for in the ACAM sample; when deemed necessary, the flight inspection is associated with the “ramp inspection”.

  Part of the inspections of the selected sample may be carried out without notice (AMC1 M.B.303(a));

  It is possible to carry out the ACAM inspection in combination with inspections of aircraft conducted for other purposes (export, permit to fly, SANA, etc.)

   

• Does the ACAM inspection always expect an in-flight inspection?

  In-flight verifications will be carried out as part of ramp and/or in-depth inspections, when deemed necessary; when it is not possible to complete airworthiness checks on the ground are performed (e.g. for operation of alarm systems, defect reporting).

• What happens if the owner/operator of an aircraft subject to Inspection ACAM is not traceable?

  In these cases, see what is defined in the FAQ “refusal case”.

• How is the owner/operator informed that your aircraft will be subject to ACAM Inspection?

  The Inspector appointed by ENAC, on the basis of the contacts of the owner/operator available in the Entity’s database, will inform the owner/operator that the aircraft has been selected for an ACAM inspection. Based on the needs of both parties, the date and place of the inspection will be agreed, and subsequently formally notified via ENAC protocol. The communication shall normally specify the following:

  a) aircraft model and brands;

  b) type of ACAM Inspection envisaged;

  c) Place and date of the ACAM inspection;

  d) any undertaking with which to carry out the inspection;

  e) name(s) of ENAC personnel responsible for carrying out the inspection.

  Depending on the type of operation of the aircraft or operator (certified or not) and the contingencies (e.g. making available of the aircraft is temporarily almost immediate to contacts between the parties), communication can be conveyed through the most effective and streamlined tool currently assessed, i.e. PEC or email. Where the aircraft is operated in activities already subject to ENAC oversight to an organisation, formal notification can also take place only by email. Communication is not foreseen in the case of aircraft subject to ramp inspection without prior notice.

  In cases the owner/operator does not respond to requests for contact (untraceable user or lack of feedback to formal communications), see what it defined in the FAQ “refusal case”.

• What are the “CATEGORIES” of aircraft subject to ACAM Inspection?

  The aircraft covered by the programme are identified under five categories related to the type:

  • CMA – Complex motor aircraft (as defined in Article 3 of Regulation (EU) No 2018/1139 and as amended);
  • CMH – complex motor helicopter – (as defined in Article 3 of Regulation (EU) 2018/1139 and as amended);
  • NCMA – Non-complex motorized aircraft;
  • NCMH – non-complex motor helicopter;
  • OTH – Other aircraft types, ELA1 and ELA2, gliders and motor sailplanes, balloons etc.

  and in three categories related to the main operational use (ref. Regulation (U E) 965/2012): Commercial (CAT, SPO), Non-Commercial (NCC/NCO), Pilot Licence Training (ATO/DTO).

   

• Are product verifications done by ENAC remotely or on-site?

  Physical inspection of the aircraft is required at each ACAM Inspection, therefore the verifications are exclusively on-site. If a consistent, detailed and precise documentation is already available at ENAC, can be evaluate in advance by the inspector, in order to facilitate the activities with the owner/operator during the inspection. Indicatively, except for preparation and post-inspection time frame (assessment of approval and effectiveness of corrective actions in relation to the identified root cause), or special cases, an in-depth ACAM verification of a complex aircraft should be performed in two days, while for other simple aircraft should be sufficient one day. In-flight verifications may be associated with each of these inspections when necessary; when it is not possible to complete airworthiness inspections in flight (flight inspection) on the ground are performed.

• Does the ACAM inspection cost?

  The ACAM inspection costs shall be fully covered by the Entity, except for the ones of a possible flight and the associated airport charges during the inspection.

• Is an owner/operator of an aircraft belonging to the fleet subject to ACAM ENAC Inspection resident abroad, whether of Italian nationality or not, exempted from ENAC’s ACAM Programme?

  No. If the applicability requirements for the ACAM programme are applicable to the aircraft, it will be counted among the aircraftselectable for inspection.

  ENAC, once informed the owner/operator about the ACAM Inspection, can ask the cooperation of other EASA Authorities in order to carry out the inspection.

  The same applies when oversight of operations, continuous airworthiness and maintenance is carried out by another EASA Authority, when specifically provided for in the agreement to transfer responsibility for airworthiness oversight and use (Article 83 bis of the Chicago Convention).

• What does owner/operator mean?

  Owner/operator means person or organisation as defined in M.A.201(a)/ML.A.201(a). The Owner/operator shall attend the ACAM inspection or delegate a person or an organisation. The owner/operator or who has formal delegation of responsibility for continuing airworthiness in accordance with Regulation EU 1321/2014 Annex.Part M or Part ML (M.A.201(j)/ML.A.201(g)), remains responsible for the closure of the ACAM inspection.

• What is “National Fleet” subject to ACAM Inspection?

  The “national fleet” subject to ACAM inspections is defined among all aircraft registered in Italy and those registered abroad for which ENAC carries out oversight of operations, continuous airworthiness and maintenance, when specifically provided for delegation of oversight according to the agreement to transfer responsibility for airworthiness oversight and use (Art. 83 bis of the Chicago Convention). Aircraft within Annex II to Regulation (EU) 2018/1139 and as amended may also be included, except for:

  • aircraft with time limited flight title (e.g. Three-year Flight Permits)
  • amateur construction aircraft
  • State Aircraft/Conventions with National Institutions

• Can the annual sample of aircraft subject to ACAM Inspection change?

  The ACAM monitoring programme may be adapted during the year to take into account the current airworthiness status of aircraft (for instance in case of mandatory notices according to paragraph M.A.901 (p)/ML.A.903(f)) have been omitted) and the related periodic reviews carried out directly by ENAC pursuant to M.A.710 and M. B.902, as well as due to changes of the aircraft categories to be observed.

• Does the ACAM inspection replace the mandatory requirements (maintenance, airworthiness reviews) to which the aircraft is subject?

  In no way should ACAM inspections be understood as a deresponsibility of owner/operator or of the CAMO/CAO that manages the airworthiness or of the ARS who performs the last complete airworthiness review, nor replace the monitoring activities carried out by the entities in a limited time.

  All maintenance and obligations defined by applicable regulations must always be carried out by the owner/operator.

• What does the “inspected aircraft sample” under the ACAM Programme mean?

  On an annual basis ENAC, an ENAC working group, named “ACAM Committee”, identifies the list of aircraft (in terms of number and type of inspections) that will be subject to ACAM Inspection. The list is drawn up according to a “Risk Based” approach that takes into account:

  the findings raised of previous surveillance activities (not only coming from previous ACAM programme),
  the knowledge and number of Aeronautical operators distributed throughout the territory, with particular reference to commercial transport operators and SPOs,
  the “Occurrences” notified through the various channels, reports from EASA or other Authorities, as well as from the analyses resulting from SANA/SACA inspections, contingent conditions of unavailability.
  The results of technical/maintenance events received by ENAC through the monitoring of certified/declared organizations, appropriately evaluated for homogeneous areas of interest (e.g. aircraft types, type of operations, etc.), may contribute to complementing the results for the determination of the sample of aircraft/operators that will constitute the annual programme.

  On the basis of the selected criteria, the Committee shall assess the number, territorial distribution and type of aircraft categories to be inspected. These inputs allow to export, from the fleet data recorded by ENAC, the list of potential “registration marks” (among those which have a known airworthiness status and/or active). The total number of aircraft chosen for guidance covers approximately 10% of the “national fleet”, not necessarily distributed in equal percentages across the categories. The intended estimated aim, where possible and not exhaustively, is to cover the entire national fleet over a time interval of 10 years. As a rule, when selecting the sample, the priority will fall on aircraft that have never been inspected or that have been inspected later than 8/10 years, where there are no potential safety threads, except those where major issues are already known to ENAC. Aircraft for which operational, continuous airworthiness and maintenance oversight has been delegated to another EASA Authority (in case of agreement to transfer responsibility for airworthiness oversight and use (Art. 83 bis of the Chicago Convention) are excluded. Ad hoc assessments will be carried out on a case-by-case basis.

• What is the ACAM Program?

  Regulation (EU) 1321/2014 and further subsequent amendments, specifically Part M paragraph M.B.303 and Part ML in paragraph ML.B.303, requires each Authority to draw up a programme of inspection activities to monitor the airworthiness status of the aircraft fleet recorded in the State “National’ register, according to a sample inspection scheme. The inspection activities define the ACAM Programme and are configured as “Product verifications” on a sample of “National Fleet” aircraft selected according to a “Risk Based” approach reviewed annually.

   

Rights of persons with reduced mobility (PRMs)

• Can the airline refuse to carry my assistance dog on board?

  Article 7(2) of Regulation (EC) No 1107/06 (Annex 1) allows a disabled passenger or a passenger with reduced mobility to use, throughout the air journey, a recognised assistance dog, in accordance with the applicable national legislation, as also set out in ENAC implementing Circular GEN 02B (in Italian language). [CE]

  However, the maximum number of assistance dogs that can be carried on board national aircraft is subject to the size and layout of the aircraft cabin. In particular, assistance dogs must be located in pre-established spaces, to minimise disruption of normal operations and not to affect emergency operations. Consequently, assistance dogs may not be allowed on board certain aircraft if one or both of the above requirements are not met.

  Therefore, to avoid regrettable problems after purchasing the ticket and close to the departure time, passengers are advised to inform the airline as soon as possible that they need to carry an assistance dog, to enable the airline to check whether this is feasible, in terms of the number of assistance dogs possibly already booked on the same flight and the space available.

• Why should I send my complaint to ENAC?

  ENAC is the body responsible in Italy for ensuring that the rights of disabled passengers and passengers with reduced mobility are respected, and can issue penalties against non-compliant parties. ENAC will investigate complaints and communicate its conclusions to the passenger, who may use them in support of any legal action against the airline, the airport managing body or the tour operator.

• I did not receive the assistance I requested; whom should I contact?

  If no assistance or inadequate assistance is received, any complaints must be submitted to:

  • the managing body of the airport in the event of lack of or inadequate assistance on the land side
  • the airline for booking/purchase issues and lack of assistance on the air side

  If the PRM believes that the reply to the complaint is not consistent with the provisions of the Regulation, he/she may then submit a complaint to ENAC, using the online form.

  It is possible to send a complaint to ENAC if the disruption occurred:

  • at an Italian airport;
  • on flights departing from an Italian airport (regardless of the nationality of the operating carrier);
  • on flights arriving at an Italian airport if operated by an EU carrier.

  Submit a complaint to ENAC

  Alternatively, complaints can be sent:

  • by email to pax.disabili@enac.gov.it
  • for flights departing from other EU states and for flights arriving in those states from non-EU countries, complaints can be sent to the corresponding responsible bodies. For the purposes of applying Reg. 1107/2006 Norway, Iceland and Switzerland are treated as equivalent to Member States.

• My type of disability, which does not allow me to walk long distances, is different from that of a visually impaired or blind person. How can I be sure that I will be provided with the appropriate assistance?

  Once requested, the service is classified with one of the internationally shared codes identifying the different types of needs. The identification codes are:

  • BLND: Visually impaired or blind persons
  • WCHR: Passengers who cannot walk long distances. They can go up and down steps and move around independently
  • WCHS: Passengers who cannot walk long distances and cannot go up and down steps. They can move around inside the plane independently
  • WCHC: Completely immobile passengers, who are not self-sufficient inside the plane and need assistance at all times
  • DEAF: Passengers with hearing disabilities
  • DPNA: Passengers with mental or behavioural disabilities

• In detail, what types of assistance should I receive from the airline?

  • The airline must provide passengers with reduced mobility with the following types of assistance:
  • carriage of recognised assistance dogs in the cabin, subject to national regulations
  • in addition to medical equipment, transport of up to two pieces of mobility equipment per disabled person or person with reduced mobility, including electric wheelchairs, subject to advance notice of 48 hours and to possible limitations of space on board the aircraft, and subject to the application of relevant legislation concerning dangerous goods
  • communication of essential flight information in accessible formats
  • the making of all reasonable efforts to arrange seating to meet the needs of individuals with disabilities or reduced mobility on request and subject to safety requirements and availability
  • assistance in moving to toilet facilities if required
  • where a disabled person or person with reduced mobility is assisted by an accompanying person, the airline will make all reasonable efforts to give such person a seat next to the disabled person or person with reduced mobility.

• In detail, what types of assistance should be provided by the airport managing body to a disabled or reduced mobility passenger?

  The airport managing body must provide PRMs, free of charge, with the assistance they need to:

  • communicate their arrival at an airport and request assistance at the designated points inside and outside the terminal buildings
  • move from a designated point to the check-in desk
  • check in and register baggage
  • proceed from the check-in desk to the aircraft, completing emigration, customs and security procedures
  • board the aircraft, with the aid of lifts, wheelchairs or other necessary specific assistance
  • proceed from the aircraft door to their seats
  • stow and retrieve baggage on the aircraft
  • proceed from their seats to the aircraft door
  • disembark from the aircraft, with the aid of lifts, wheelchairs or other necessary specific assistance
  • proceed from the aircraft to the baggage hall and retrieve baggage, completing immigration and customs procedures
  • proceed from the baggage hall to a designated point
  • reach connecting flights when in transit, with assistance on the air and land sides and within and between terminals as needed
  • move to the toilet facilities if required
  • be assisted at the airport, upon request, by their accompanying person for boarding and disembarking
  • receive, subject to advance notice of 48 hours, ground handling of all necessary mobility equipment
  • receive ground handling of recognised assistance dogs, where appropriate
  • have access to flight information

  In addition, the airport managing body must establish and publish quality standards for assistance, with the exception of commercial airports with an annual passenger throughput of less than 150 000.

• Is whoever provides assistance to disabled passengers at the airport also required to do so during the flight?

  The airport managing body must provide disabled or reduced mobility passengers with all the necessary assistance when they are at the airport until they board the aircraft, while assistance during the flight will be provided by the airline. The airport managing body and the airline must ensure the presence of staff able to meet the needs of disabled persons and provide appropriate training to all staff working at the airport.

• Where should I go once I arrive at the airport? Are there any assistance desks for disabled or reduced mobility passengers?

  The airport managing body must clearly indicate the points of arrival and departure both inside and outside the terminal buildings for disabled and reduced mobility passengers and must make essential airport information available to them.

• Should I communicate my arrival in order to receive the assistance service for disabled persons?

  The airline, its agent or the tour operator with which the disabled or reduced mobility passenger has made a reservation must book the service at least 36 hours before the flight’s scheduled departure time, informing the managing body of the airport of departure, arrival and transit. The managing body of the airport shall provide the disabled or reduced mobility passenger with all the assistance required.

• Who should I contact to request assistance because of my disability?

  You should request assistance from your airline, agent or tour operator with which you make your booking, at least 48 hours before your scheduled departure time.

• Is the airline obliged to inform me about the conditions of carriage applied to disabled persons or persons with reduced mobility?

  It is mandatory for the airline, its agent or the tour operator to make available to the public, in accessible formats, the safety rules applied to the carriage of disabled persons and any restrictions on their carriage.

• Are there any exceptions to the prohibition on refusing boarding or booking because of my disability?

  Booking or boarding may be refused only:

  • for safety reasons
  • if the size of the aircraft or its doors makes boarding or carriage of disabled passengers or passengers with reduced mobility physically impossible.

• Can the airline refuse boarding or refuse to accept my booking for a flight on the grounds of my disability or reduced mobility?

  An airline or its agent or a tour operator cannot not refuse, on the grounds of disability or of reduced mobility:

  • to accept a reservation for a flight departing from or arriving at an airport to which Regulation (EC) No 1107/2006 applies 1107/2006
  • boarding for a disabled person or a person with reduced mobility at such an airport, provided that the person concerned has a valid ticket and reservation

• What is the national and international legislation protecting my rights as a passenger with a disability or reduced mobility?

  The legislation protecting your rights as a passenger with a disability or reduced mobility includes:

  • Regulation (EC) No 1107/2006 of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air
  • Ministerial Decree No 107/T of 24 July 2007 on ‘Designation of the body responsible for the implementation of Regulation No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air’
  • Legislative Decree No 24/2009 of 24 February 2009 on penalties for infringement of the provisions of Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

Passenger's rights

• Does the airline have an obligation to inform me about my rights in the event of a disruption?

  Yes. All airlines departing from the territory of the European Union, as required by the European Regulation no. 261/2004, have the obligation to inform passengers of their rights in the event of:

  • denied boarding (including overbooking)
  • flight cancellation
  • prolonged flight delay

• Is it necessary to take out insurance at the time of purchasing the ticket in order to have the required protections?

  No.

• What information is important to check before buying a flight ticket?

  Before purchasing an airline ticket, it is important to carefully read the travel conditions (or General Conditions of Carriage) of the airline in order to verify any limitations related to the fare you intend to purchase.

  In particular, it is good to check:

  • whether or not the fare you intend to purchase offers the possibility of canceling the flight or changing the dates
  • the weight and size limits of hold baggage and hand baggage
  • the identity documents and / or visas required for the chosen destination

• What information should I receive when booking a flight?

  At the time of booking, the passenger has the right to receive information on:

  • airline that will perform the flight (operating air carrier)
  • flight schedule
  • type of aircraft
  • tariffs and any restrictive conditions connected to them
  • booking code
  • presentation times at check-in
  • limits of the airline’s liability in the event of the death or injury of passengers
  • limits of liability of the airline in the event of damage, destruction or loss of baggage
  • complaint procedure

• How do I know how long before the flight I have to show up at the airport?

  Each airline usually indicates in its Travel Conditions (or General Conditions of Carriage) how much time before it is necessary to show up at the airport to carry out check-in operations.

  It is advisable to arrive at the airport well in advance to carry out boarding operations easily. In any case it is necessary to respect the times indicated by the airline, the tour operator or the travel agent.

  Please note that the times indicated by the airlines refer to the start of registration operations at the check-in desk.

• What happens if I miss a connecting flight due to the delay?

  Only in the event that the passenger has entered into a single contract of carriage that includes multiple routes and misses a direct connecting flight due to the delay of the previous flight, the airline must provide:

  • assistance:
  • the choice between an alternative flight to the final destination as soon as possible or a refund of the full ticket price and a return flight to the initial departure point

• In the event of a prolonged delay, can I cancel my flight without having to pay penalties?

  If the flight delay is at least 5 hours, the passenger has the right, in addition to assistance during the waiting period, to the possibility of canceling the flight without having to pay penalties and to a refund of the ticket price for the part of the journey that is not made at the same price at which it was purchased.

• In which cases of flight delays am I entitled to compensation?

  Following the ruling of the European Court of Justice (Fourth Section) of November 19, 2009 on compensation for passengers in the event of prolonged delay, the right to compensation was established, similar to the provisions for some cases of flight cancellation, also for passengers who reach their destination three hours later than the published arrival time. This right, however, ceases if the airline proves that the prolonged delay occurred due to exceptional circumstances, such as adverse weather conditions, sudden and unforeseeable failures of the flight from the point of view of safety and strikes (as foreseen by the points 14 and 15 in the introduction to Regulation 261/2004).

• In the event of a flight delay, am I still entitled to assistance?

  No. Assistance is provided only in the event of a prolonged delay, i.e. after 2, 3, 4 hours from the scheduled departure time, depending on the distance in km of the section.

• What am I entitled to in the event of a prolonged flight delay?

  For intra-community and non-EU flights traveling distances of less than or equal to 1500 km, you are entitled to assistance if the flight is delayed for at least 2 hours. For intra-community flights that cover distances over 3500 km and all other flights that cover distances between 1500 and 3500 km, you are entitled to assistance if the flight is delayed for at least 3 hours. For flights that cover distances of more than 3500 km outside the European Union, you are entitled to assistance if the flight is delayed for at least 4 hours.

  The right to assistance involves:

  • meals and drinks in relation to the waiting time
  • hotel accommodation, in the event that one or more overnight stays are required
  • transfer from the airport to the place of accommodation and vice versa
  • two telephone calls or messages via telex, fax or e-mail

  If the delay is at least 5 hours, the passenger has the possibility to cancel the flight without having to pay penalties and to obtain a refund of the ticket price for the part of the trip not made.

  In some cases, you are also entitled to financial compensation.

• Am I still entitled to compensation if my flight is canceled?

  No. If the flight is canceled, the financial compensation is not due in the event that

  • the airline can prove that the cancellation of the flight was caused by exceptional circumstances: for example adverse weather conditions, strikes, sudden and unforeseeable failures of the flight from the point of view of safety (as required by points 14 and 15 in the introduction to Reg. (EC) no. 261/04) 261/04)
  • the passenger has been informed of the cancellation:
    • with at least two weeks’ notice
    • in the period from two weeks to seven days before the departure date and in the event that an alternative flight is offered, departing no more than two hours earlier than the originally scheduled time and arriving at the final destination no later than four hours later the originally scheduled time
    • less than seven days before and in the event that an alternative flight is offered departing no more than one hour before the originally scheduled time and arriving at the final destination no later than two hours after the originally scheduled time

• What are my rights in the event of a flight cancellation?

  As required by Reg. (EC) n. 261/04 in case of flight cancellation, the passenger has the right:

  • to the choice between:
    • reimbursement of the ticket price for the part of the journey not taken
    • boarding an alternative flight as soon as possible in relation to the airline’s operations
    • boarding on an alternative flight at a later date that is more convenient for the passenger
  • assistance:
    • meals and drinks in relation to the waiting time
    • hotel accommodation, in the event that one or more overnight stays are required for the reboot as soon as possible in relation to the airline’s operations
    • transfer from the airport to the place of accommodation and vice versa
    • two telephone calls or messages via telex, fax or e-mail
  • in some cases also to financial compensation:
    • the amount of the financial compensation due to passengers depends on the air route (intra-community or extra-community) and the distance traveled in Km, as defined in the following table:

   

  for intra-community flights:

  DISTANCES IN KM	AMOUNT OF COMPENSATION
  Less than or equal to 1500 Km	euro 250
  More than 1500 Km	euro 400

   

  for non-EU flights:

  DISTANCES IN KM	AMOUNT OF COMPENSATION
  Less than or equal to 1500 Km	euro 250
  Including between 1500 and 3500 Km	euro 400
  More than 1500 Km	euro 600

• What are my rights in case of denied boarding due to overbooking?

  In the event of denied boarding, the airline must first check whether there are volunteers among the passengers willing to give up their seats in exchange for benefits to be agreed.

  In the event of denied boarding, the airline must first check whether there are volunteers among the passengers willing to give up their seats in exchange for benefits to be agreed.

  • financial compensation
    The amount of the financial compensation due to passengers depends on the air route (intra-community or extra-community) and the distance in km traveled, as defined in the following table:

  for intra-community flights:

   

  DISTANCES IN KM	AMOUNT OF COMPENSATION
  Less than or equal to 1500 Km	euro 250
  More than 1500 Km	euro 400

  for non-EU flights:

  DISTANCES IN KM	AMOUNT OF COMPENSATION
  Less than or equal to 1500 Km	euro 250
  Including between 1500 and 3500 Km	euro 400
  More than 3500 Km	euro 600

  • to the choice between:
    • reimbursement of the ticket price for the part of the journey not taken
    • boarding an alternative flight as soon as possible in relation to the airline’s operations
    • boarding on an alternative flight at a later date that is more convenient for the passenger
  • assistance:
    • meals and drinks in relation to the waiting time
    • hotel accommodation, in the event that one or more overnight stays are required for reboot as soon as possible in relation to the airline’s operations
    • transfer from the airport to the place of accommodation and vice versa
    • two telephone calls or messages via telex, fax or e-mail

• What is overbooking?

  The term overbooking means that there are fewer seats available on the aircraft than the number of confirmed bookings and tickets issued for that particular flight.

• Can boarding be denied for reasons other than overbooking?

  Yes. A passenger can be denied boarding if there are reasonable reasons, such as delayed presentation at check-in / gate, health or safety reasons or travel documents that do not comply with the carrier’s conditions of transport and / or national or international regulations on the matter.

• Is it my right to know the name of the airline that will operate the flight?

  Yes. In articles 10 and 11 of Regulation (EC) 2111/2005 it is established that at the time of booking the passenger must receive adequate information on the airline that will operate the flight.

• Does the “complaint form” on the ENAC website replace the complaint to the airline for cases of denied boarding (including overbooking), cancellation or prolonged flight delay?

  No.

  The online complaint form does not replace the complaint which must always be sent to the airline responsible for the disruption.

• What should I do if the airline does not respond to the complaint submitted?

  In the event that the airline does not respond after 6 weeks , or responds providing reasons that are not exhaustive with respect to what is indicated in the complaints sent, a complaint can be made:

  • to the ENAC offices of the national airport where the outage occurred, or where the flight landed due to inefficiencies occurring in third countries
  • to the competent Bodies responsible in the event of disruptions occurring while departing from a country of the European Union, Norway, Iceland and Switzerland or for flights arriving from third countries to the European Union (including Norway, Iceland and Switzerland)

  In this context, the passenger’s complaint activates the checks of the Entity aimed at ascertaining, for sanctioning purposes, possible violations committed at national airports and contributes to monitoring the quality of the services offered to users. The results of the checks carried out are communicated to the passenger.

• To whom should I send the complaint in case of denied boarding (including overbooking), cancellation or long delay of the flight?

  The complaint must be sent to the airline that issued the ticket and / or to the Tour Operator with which the transport contract was stipulated in the case of “package travel”.

• If I travel for free, or take advantage of particular fares not accessible to the public, do I lose the possibility of protecting my rights in the event of denied boarding (including overbooking), cancellation or prolonged flight delay?

  Yes. The protections provided for by Reg. (EC) n. 261/04 in case of denied boarding (including overbooking), flight cancellation and prolonged flight delay do not apply to those passengers traveling free of charge or at a reduced fare not accessible, directly or indirectly, to the public (for example employees of airlines, travel agencies or tour operators).

• If I purchase a ticket with a Frequent Flyer fare, or tickets issued under other commercial programs promoted by airlines or tour operators, do I lose the ability to protect my rights in the event of denied boarding?

  No. All passengers in possession of tickets purchased with a Frequent Flyer fare, or tickets issued in the framework of other commercial programs promoted by airlines or tour operators with confirmed reservations, can protect their rights in the cases indicated above as provided for by Reg. (EC) n. 261/04. 261/04.

• Are the protections provided for by Regulation 261/04 in the event of denied boarding, flight cancellation or prolonged delay the same whether I travel with a Community airline or a non-Community airline?

  Yes. Regulation (EC) 261/2004 applies to all flights (scheduled and non-scheduled) departing from:

  • a Community airport, Norway, Iceland and Switzerland
  • an airport located in a third country destined for a Community airport (including Norway, Iceland and Switzerland) in the event that the airline operating the flight is a Community one (or Norwegian, Icelandic or Swiss) and unless the benefits provided for by local legislation.

  Regulation (EC) 261/2004 does not apply:

  • to all flights departing from a third country to a Community airport (including Norway, Iceland and Switzerland) operated by non-Community airlines. In this case the protections are those ensured by local legislation and by the rules governing the transport contract.

• What are the national, community and international regulations that protect my passenger rights?

  Passenger rights regulations are:

  • the 1999 Montreal Convention for the unification of certain rules relating to international air transport with regard to damage, loss and delays in the delivery of baggage
  • the Regulation (EEC) No. 323/1999 of the Council amending Regulation (EEC) no. 2299/89 relating to a code of conduct regarding computerized reservation systems (CRS)
  • the Regulation (EC) No. 889/2002 amending Regulation (EC) no. 2027/97 on the liability of the air carrier in the event of accidents
  • the Regulation (EC) No. 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellation or prolonged delay
  • Legislative Decree n.79/2011 (in Italian language), Code of state legislation on tourism organization and market, in accordance with article 14 of the law of 28 November 2005, n. 246, as well as implementation of Directive 2008/122 / EC, relating to timeshare contracts, contracts relating to long-term holiday products, resale and exchange contracts
  • the Regulation (EC) No. 2111/2005 concerning the establishment of a Community list of air carriers subject to an operating ban within the Community and the information to be provided to air passengers on the identity of the actual air carrier
  • the Legislative Decree 69/2006 (in Italian language) Penalty provisions for breach of Regulation (EC) No. 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellation or prolonged delay
  • the Regulation (EC) 1008/2008 of the European Parliament the Council of 24 September 2008 on common rules for the operation of air services in the Community (recast)
  • and Regulation (EC) No. 1107/2006 of 5 July 2006 concerning the rights of people with disabilities and people with reduced mobility in air transport
  • the Ministerial Decree n. 107 / T of 24 July 2007 on “Designation of the body responsible for applying the regulation of the European Parliament and of the Council of 5 July 2006, n. 1107, concerning the rights of disabled persons or persons with reduced mobility in air transport”
  • the Legislative Decree 24/2009 of 24 February 2009 (in Italian language) “Discipline penalties for violation of the provisions of Regulation (EC) no. 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when traveling by air”