Svetoslav Stanulov, Chairman of the Bulgarian Airlines Association: Air carriers are paying exorbitant fines without being guilty

- Mr. Stanulov, what do you think will the outcome of the crisis between Lukoil and the State be, and what will the consequences for the aviation industry be?
- It is difficult to predict exactly what the consequences will be but a lasting solution has to be found. In fact, there is not a single plane to which refuelling has been refused. A total of 1,800 tonnes of kerosene have been released from the State reserve and carriers are looking to refuel abroad in order to feel more confident.

- Are there any concerns or panic on the part of airlines that, if the argument between the State and Lukoil continues in the long run, this may affect badly their business?
- There are such concerns because the period late July - early August is the absolute peak in airlines' operations. But, until now, no aircraft has remained without fuel and the State administration has assumed the obligation to tackle the problem. There is no panic because we are sure that a solution to the crisis will be found. I think, however, that this time the solution must be a long-term one.

- The Bulgarian Airlines Association submitted a proposal for amendments to the Law on Foreigners in the Republic of Bulgaria (LFRBA) with the argument that Bulgarian air carriers have to pay fines without being guilty because they transport passengers who are allowed stay in the Schengen area but have no Bulgarian visas. Would you like to explain more precisely where the problem lies?
- The problem lies in the fact that airlines are being  penalised when taking on board passengers from the European Union who do not have entry visas for Bulgaria. For example, a passenger has the right to reside permanently in Germany, he even has a Schengen visa but not a Bulgarian one. The Border Police in Germany allows him to board our aircraft and we transport him because we have no reason to refuse him the service. According to the Bulgarian authorities, however, it is the airline-carrier that has violated the legal regulations and a fine is imposed. Moreover, it has to transport the passenger back at its own expense. On the other hand, he has the right to sue the carrier because he has been prevented from spending his holiday, for example.

We raised this question during a public discussion of the bill amending the Civil Aviation Act. The position of our association was that the amendments to the law should not provide for the imposition of duties on air carriers, not typical for their activity, which are included in the functions of the Border Police and the new law provisions should not impose significant fines on air carriers. Therefore, we demanded that the Ministry of Transport, Information Technology and Communications takes the steps needed in order to change the rules.

Our position is clear and we believe that the statements under Art. 20, Para. 1, No. 1 and 2 of the Law on Foreigners in the Republic of Bulgaria stipulating these requirements for the carrier are not compulsory in the EU. They are simply a convenient excuse for transferring responsibilities to the carriers which they are unable to meet.
Currently, companies incur significant penalties illegally and fines are being unreservedly imposed on them. It should be borne in mind that it comes down to passengers who come from the European Union.

- Why have the amendments to the LFRBA which you propose not been passed so far?
- The Ministry of Transport supported us; Parliament is also ready to discuss our proposals. But the proposed changes must be submitted by the Ministry of Interior and it has given an unclear opinion.
The problem will be eliminated when we join the Schengen area but when will this happen? Until then, the 4 aviation companies – Bulgarian Air Charter, Balkan Holidays Air, Air Via and Bulgaria Air will be mercilessly punished. Incidentally, some of the appeals which airlines lodged with the court have been successful but that burdens them with additional costs.

- When watching how the season is developing, do you feel that there is an increase in business activity, compared to last year?
- The season is going well and I think that it will be better than last year. This is proven by the information submitted by the tourism industry. The peak is now but the aggregate results will be released later.

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