Identifier
Created
Classification
Origin
05ROME2624
2005-08-05 15:40:00
UNCLASSIFIED
Embassy Rome
Cable title:  

ALITALIA DEFACTO COMPLIANCE WITH TSA REGULATION;

Tags:  EAIR IT AVIATION 
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This record is a partial extract of the original cable. The full text of the original cable is not available.

051540Z Aug 05
UNCLAS ROME 002624 

SIPDIS


STATE FOR EB/TRA, EUR/WE

E.O. 12958: N/A
TAGS: EAIR IT AVIATION
SUBJECT: ALITALIA DEFACTO COMPLIANCE WITH TSA REGULATION;
POSSIBLE PERMANENT SOLUTION

REF: A. ROME 2005


B. STATE 94326

UNCLAS ROME 002624

SIPDIS


STATE FOR EB/TRA, EUR/WE

E.O. 12958: N/A
TAGS: EAIR IT AVIATION
SUBJECT: ALITALIA DEFACTO COMPLIANCE WITH TSA REGULATION;
POSSIBLE PERMANENT SOLUTION

REF: A. ROME 2005


B. STATE 94326


1. Alitalia has been recently implementing the DHS/TSA
No-Fly/Selectee requirements, albeit without explicit Italian
legal authority. An Italian citizen (Claudio DIONESALVI,
DOB: 6APR71, Italian PPT: 47478963Z) on the No-Fly list
attempted to board a KLM flight from Rome to Mexico City July
29, which overflies U.S. airspace. After KLM refused to
board Dionesalvi, he attempted to board an Alitalia flight
from Rome to Amsterdam, where he apparently planned to board
a flight to Mexico. Even though the Alitalia flight was
intra-EU and not covered by DHS/TSA No-Fly regulations,
Alitalia decided not to board Dionesalvi.


2. Separately, MFA DG for the Americas Bisogniero told Charge
August 2 that the MFA Legal Affairs Department had issued an
opinion providing legal justification for Italian authorities
to allow Alitalia to implement, DHS/TSA No-Fly/Selectee
requirements. The legal underpinnings are found in 1) the EU
law CE/261/2004 Art. 1, which contemplates denying boarding
of an aircraft for security reasons; 2) Italian Civil code,
Art. 1681, which holds air carriers liable for injury to
passengers or damage to cargo unless the carrier can show it
took all necessary measures to prevent injury and damage.


3. The MFA sent a letter July 22 to the Ministries of
Interior, and Transport, with copies to the Ministry of
Justice and the Civil Aviation Authority (ENAC). The letter
pointed out that all other EU Member States were in
compliance with the DHS/TSA regulations and identified the
two provisions as a legal basis for complying in Italy as
well.
BORG


NNNN
2005ROME02624 - Classification: UNCLASSIFIED