US embassy cable - 05ROME2624

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 
 
 
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 2005ROME02624 - Classification: UNCLASSIFIED