The European Union (EU), which has kept Nepal's aviation sector on its 'safety list' (blacklist) for 12 years, has stated that it cannot be removed from the blacklist immediately, citing repeated air accidents in Nepal, lack of expertise among aviation inspectors, shortage of manpower and resources, and shortcomings of regulatory bodies in inspecting airlines.

The EU representative made this conclusion during a discussion with the officials of the 'High-Level Study and Recommendation Committee on Civil Aviation Sector Reform'. The EU representative pointed out 7 main reasons for keeping Nepali airlines and Nepal's civil aviation system on the 'safety list', as mentioned in the committee's recent public report. 

In its report submitted to Prime Minister Sushila Karki a month ago, the committee led by former Supreme Court Justice Anil Sinha (currently Minister of Law and Commerce) also stated that the EU still has doubts about the effective implementation of the reform action plan related to aviation safety.

A European Commission team had come to Nepal in Asoj 2079 to conduct an 'on-site' assessment of the ban (blacklist) imposed on Nepali airlines in its 27 member states since Mangsir 2070. Nepal did not pass the 'on-site' assessment. 

The report states that although the regulatory authority for airlines, airports, and human resources has prepared a reform plan, it is still not convinced that the work under those plans will be implemented effectively. ‘We are still not convinced that the commitments made by the relevant bodies of Nepal, including amendments to the law, have been implemented satisfactorily, and the reform programs adopted have not yielded objective results,’ the report says.

The EU has told the inquiry committee that it focuses more on formalities than on being sensitive to new learning from every air accident, that there is not enough basis for implementing the conclusions and suggestions of accident investigation reports, that there is a lack of a permanent structure for monitoring the implementation of accident investigations and reports, that there is insufficient investment in improving the training infrastructure for pilots and other technicians, and that the authority and the Ministry of Tourism have been neglected with limited resources and budget for safety monitoring.

‘A different type of study and safety culture should be established and institutionalized to determine its own special safety measures to address Nepal’s geographical conditions and special weather conditions. There is a delay in adopting strategies including additional training for this,' the report quotes an EU representative. 

Similarly, the EU stated that the overall monitoring capacity of the authority is weak, stating that there is a lack of sufficient manpower and resources, that the issues raised by the International Civil Aviation Organization (ICAO) have not been satisfactorily addressed, that improvements have not been made, that Nepal's aircraft, pilots, engineers, and airport inspectors have inadequate training and expertise, that the authority's 'Air-Ordinance Division' does not monitor certain types of aircraft, that audits and monitoring are irregular, that there is no procedural uniformity in audits, that the Flight Operations Division has not been able to develop a reliable system to systematically review the operator's flight safety documents and permits, and that the government's commitment to reforms has not been fulfilled.

 ‘It has been heard that some officials of the Authority have threatened to take action against airline operators and their employees on various pretexts in order to demonstrate their authority despite their shortcomings in fulfilling their duties, so an autonomous body/structure seems necessary due to the lack of skilled and experienced human resources in the Ministry to oversee the work of the Authority in such matters,’ the report states. 

The report states that the regulatory framework is outdated and that the regulatory and service provider bodies should be permanently separate. The EU has claimed that the decision was made based on the main conclusions of the ICAO report on air safety monitoring when placing Nepal on the blacklist. The ‘European Delegation’ had complained to the committee officials that the Nepal government itself had repeatedly made commitments for air safety but had not fulfilled them. 

After the Saurya Airlines plane crash, the then Prime Minister KP Sharma Oli’s government had formed a ‘High-Level Study and Suggestion Committee on Reforms in the Civil Aviation Sector’ under the chairmanship of former Supreme Court Justice Anil Sinha. The committee has stated that the government agencies have not provided the necessary support. The committee has also complained that the report prepared after a year of study was printed at private expense due to lack of budget. 

Committee Chairman Sinha has expressed his dissatisfaction with the government by writing in the report that he had to borrow tickets while visiting various airports across the country and finally print and submit the report at private expense.

‘Despite repeated initiatives and efforts by the government and the Ministry of Tourism to prepare a schedule for the observation visit of at least one airport in each province of Nepal and a maximum of three additional airports in operation, and to provide a minimum but essential budget, it has been a sad experience that the budget for the expenses could not be made available by the Ministry of Finance even after the last day of the 90 days of the committee’s study period,’ the report states. 

The then Prime Minister Oli had formed the committee on 2 Kartik 2081. The committee formed under Sinha's chairmanship included Mountain Air Managing Director Rajendra Bahadur Singh, Himalaya Airlines pilot Rivaz Pradhan, and retired director of the Civil Aviation Authority Bheshraj Subedi. The committee submitted its report to Prime Minister Karki in Asoj 2082.