title: Commission Implementing Regulation (EU) No 295/2012 of 3 April 2012 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community  Text with EEA relevance

text:
               4.4.2012

               EN

               Official Journal of the European Union

               L 98/13

         COMMISSION IMPLEMENTING REGULATION (EU) No 295/2012
   of 3 April 2012
   amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 2111/2005 of the European Parliament and the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air passengers of the identity of the operating carrier, and repealing Article 9 of Directive 2004/36/CE (1), and in particular Article 4 thereof (2),
   Whereas:

               (1)

               Commission Regulation (EC) No 474/2006 of 22 March 2006 established the Community list of air carriers which are subject to an operating ban within the Union referred to in Chapter II of Regulation (EC) No 2111/2005.

               (2)

               In accordance with Article 4(3) of Regulation (EC) No 2111/2005, some Member States and the European Aviation Safety Agency (hereinafter "EASA") communicated to the Commission information that is relevant in the context of updating the Community list. Relevant information was also communicated by third countries. On this basis, the Community list should be updated.

               (3)

               The Commission informed all air carriers concerned either directly or, when this was not practicable, through the authorities responsible for their regulatory oversight, indicating the essential facts and considerations which would form the basis for a decision to impose on them an operating ban within the Union or to modify the conditions of an operating ban imposed on an air carrier which is included in the Community list.

               (4)

               Opportunity was given by the Commission to the air carriers concerned to consult documents provided by Member States, to submit written comments and to make an oral presentation to the Commission within 10 working days and to the Air Safety Committee established by Council Regulation (EEC) No 3922/1991 of 16 December on the harmonization of the technical requirements and administrative procedures in the field of civil aviation (3).

               (5)

               The Air Safety Committee has heard presentations by EASA about the results of the analysis of audit reports carried out by the International Civil Aviation Organisation (ICAO hereafter) in the framework of ICAO’s Universal Safety Oversight Audit Programme (USOAP). Member States were invited to prioritize ramp inspections on air carriers licensed on States for which significant safety concern have been identified by ICAO or for which EASA concluded there are significant deficiencies in the safety oversight system. Notwithstanding consultations undertaken by the Commission under Regulation (EC) No 2011/2005, this will permit to acquire further information regarding the safety performance on the air carriers licensed in that States.

               (6)

               The Air Safety Committee has heard presentations by EASA about the technical assistance projects carried out in States affected by Regulation (EC) No 2111/2005. It has been informed about the requests for further technical assistance and cooperation to improve the administrative and technical capability of civil aviation authorities with a view to resolving non compliances with applicable international standards. Member States were invited to respond to these requests on a bilateral basis in coordination with the Commission and EASA.

               (7)

               Regulation (EC) No 474/2006 should be therefore amended accordingly.

               (8)

               Following the analysis by EASA of information resulting from ramp checks carried out on aircraft of certain air carriers licensed in the European Union or from standardisation inspections carried out by EASA as well as area specific inspections and audits carried out by their national aviation authorities, some Member States have taken certain enforcement measures. They informed the Commission and the Air Safety Committee about these measures: Germany informed that several German air carriers are under re-inforced oversight, including Air Alliance Express and Air Traffic GmbH Dusseldorf, Latvia informed that the Air Operator Certificate (AOC) of Inversija was revoked on 19 January 2012; Italy informed that the AOC of ItaliAirlines was revoked and that the air transport license held by the air carrier Livingston remains suspended; Greece informed that the commercial license of the air carrier Hellenic Imperial Airways was lifted from suspension on 28 February 2012 but remains under heightened surveillance, and that additional surveillance had also been introduced for the air carriers Sky wings Airlines and Hermes Airlines; the Netherlands informed that the AOC of Solid-air was revoked on 28 December 2011 and the AOC of Amsterdam Airlines on 6 February 2012; Spain informed that the AOC of Zorex remains suspended since 7 November 2011; Sweden informed that the AOC of AirSweden Aviation AB was revoked on 10 January 2012, that the AOC of the air carrier Flyg Centrum AB was revoked on 16 December 2011 and the air carrier Nova Air remains under heightened surveillance; Romania informed that by 20 March 2012 the AOC of Direct Aero Services had been revoked.

               (9)

               Following the decision taken at the last Air Safety Committee in November 2011 (4), the competent authorities of Albania reported they are progressing in the implementation of their action plan, however with some delay regarding the long-term procurement of qualified inspectors. Albania is urged to speed-up measures to develop the capacity of its safety oversight authority. EASA will continue to monitor the progress of corrective actions and will carry out a comprehensive follow-up inspection in October 2012 to verify the satisfactory implementation of actions plans. The Air Safety Committee will re-assess the situation depending on the results of this inspection.

               (10)

               The competent authorities of France reported that they could not issue an authorisation to Comlux Aruba N.V., an air carrier certified in Aruba, due to the existence of safety deficiencies identified during the assessment of the technical questionnaire submitted by the operator for the purpose of receiving landing authorisation in that Member State, and notified their conclusion to Member States via the SAFA database (5).

               (11)

               The Commission, having regard to those deficiencies, has entered into consultation with the competent authorities of Aruba and the air carrier, expressing concerns about the safety of the operations of Comlux Aruba N.V. in the EU and asking for clarifications regarding the actions undertaken by the competent authorities as well as the carrier to respond to these deficiencies.

               (12)

               The competent authorities of Aruba and the air carrier made written submissions and attended to a meeting with the Commission, EASA and some members of the Air Safety Committee on 20 February 2012. Based on the information provided, although the safety concerns identified by France appear to have been addressed, further concerns were identified with regard to the operator's principal place of business. The carrier stated that its office in Aruba is limited to two secretaries only and that the head office where the operational control of the flight operations and the continuing airworthiness are exercised is not located in Aruba. However, the competent authorities of Aruba informed that they have undertaken a review of the civil aviation legislation to ensure that air carriers certified in Aruba have their principle place of business established in that State and that Comlux Aruba was requested to demonstrate the principal place of business is established in Aruba no later than 1 August 2012.

               (13)

               The Commission takes note and will further monitor the administrative and legal actions undertaken by the competent authorities of Aruba to ensure that air carriers certified in that State have their principle place of business established in that State.

               (14)

               Air carriers certified in the Democratic Republic of Congo have been listed in Annex A since March 2006 (6). Information was received that the competent authorities of the Democratic Republic of Congo had issued a new license to the air carrier Jet Congo Airways. The competent authorities of the Democratic Republic of Congo failed to respond to a request for information by the Commission and failed to provide evidence that the safety oversight of new air carrier complies fully with applicable international safety standards. Therefore, on the basis of the common criteria, it is assessed that this carrier should be equally included in Annex A.

               (15)

               Several fatal accidents were reported involving air carriers certified in the Democratic Republic of Congo since the last Air Safety Committee. On 30 January 2012, an aircraft of type Antonov 28 with registration mark 9Q-CUN operated by TRACEP Congo Aviation crashed, leading to the total loss of the aircraft and to 4 fatalities. On 12 February 2012, an aircraft of type Gulfstream IV, with registration mark N25A, operated by Katanga Express crashed, leading to the total loss of the aircraft and to 6 fatalities. The competent authorities of the Democratic Republic of Congo however did not respond to requests for information by the Commission on the preliminary findings of the accident investigations.

               (16)

               All air carriers certified in Equatorial Guinea have been listed in Annex A since March 2006 (7). The Commission and EASA held a consultation meeting with the competent authorities of Equatorial Guinea (DGAC) on 22 February 2012. During this meeting, DGAC presented the progress made to date in order to alleviate the safety concerns identified by the International Civil Aviation Organisation (ICAO) at the occasion of the audit carried out in 2007 in the framework of the Universal Safety Oversight Audit Program (USOAP).

               (17)

               DGAC provided the Commission with evidence of the withdrawal of the Air Operator's Certificates of the following air carriers: GETRA, Guinea Airways, UTAGE, Euroguineana de Aviacion y Transportes, General Work Aviacion, Star Equatorial Airlines and EGAMS. Since these air carriers certified in Equatorial Guinea have consequently ceased their activities, they should be withdrawn from Annex A.

               (18)

               DGAC provided the Commission with information indicating that an Air Operator Certificate was granted to the air carrier Punto Azul. However, DGCA did not provide the evidence that the safety oversight of this air carrier is ensured in compliance with international safety standards, on the basis of the common criteria, it is assessed that this air carrier should be included in Annex A.

               (19)

               The Commission noted the progress made by the competent authorities of Equatorial Guinea and encourages them to continue their efforts towards the establishment of a civil aviation oversight system in compliance with international safety standards.

               (20)

               Consultations with the competent authorities of Indonesia (DGCA) continue with the view to monitor the progress of the DGCA in ensuring the safety oversight of all air carriers certified in Indonesia in compliance with the international safety standards. On 7 February 2012 a videoconference was held between the Commission, EASA and the DGCA. The DGCA confirmed they continue to progress and informed of further enforcement actions regarding certain air carriers under their oversight: in particular the AOCs of Kartika Airlines, Mimika Air, Riau Airlines and Survei Udara Penas had been suspended.

               (21)

               DGCA also informed and provided confirmation that the AOC of Megantara had been revoked on 13 August 2010. Therefore, on the basis of the common criteria, it is assessed that this air carrier should be removed from Annex A.

               (22)

               DGCA further informed that new AOCs had been issued to TransNusa Aviation Mandiri on 19 August 2011, Enggang Air Service on 1 March 2010, Surya Air on 8 April 2011, Ersa Eastern Aviation on 9 September 2011 and Matthew Air Nusantara on 20 September 2011. However, DGCA did not provide the evidence that the safety oversight of these air carriers is ensured in compliance with international safety standards, on the basis of the common criteria, it is assessed that these carriers should be equally included in Annex A.

               (23)

               The Commission noted the continued progress made by the competent authorities of Indonesia and encourages them to continue the sound work in establishing a civil aviation oversight system fully in compliance with international safety standards, and will review the case in advance of the next meeting of the Air Safety Committee.

               (24)

               On the basis of the fatal accident to an aircraft of type Airbus A330 operated by Afriqiyah Airways on 13 May 2010 and verified evidence of safety deficiencies identified by the SAFA programme concerning Afriqiyah Airways (8) and United Aviation (9), the Commission entered into discussions with the Competent Authorities of Libya (LCAA) in October 2010. These discussions were interrupted by the Libyan civil war.

               (25)

               The consultations were resumed in October 2011 and the LCAA informed that they had suspended all Libyan Air Operator's Certificates (AOC) and would conduct a recertification process before lifting the suspension of the AOCs. During the audits as part of this re-certification process the LCAA detected significant safety issues concerning Afriqiyah Airways, notably in the area of pilot training, a lack of maintenance staff, and insufficient equipment to perform maintenance tasks. Nonetheless, shortly after the audit, the LCAA issued an AOC to Afriqiyah Airways.

               (26)

               The Commission, EASA and several members of the Air Safety Committee held further consultations with the LCAA, Afriqiyah Airways, Libyan Airlines and Global Aviation on 22 February 2012. However, LCAA failed to provide the information requested to date, in particular the list of air carriers certified in Libya, all corresponding AOCs and attached operations specifications, the audit reports made prior to lift the suspensions, together with evidence that the deficiencies identified in the course of these audits were satisfactorily closed. In addition, they indicated that the investigations into the Afriqiyah Airways accident had encountered difficulties and have not led to conclusions so far.

               (27)

               The Minister of Transport of Libya, the LCAA, Afriqiyah Airways and Libyan Airlines made presentations to the Air Safety Committee on 20 March 2012. The Minister acknowledged that the Libyan aviation safety system was not conforming to ICAO standards. He set out plans to remedy the situation under a 3 year programme with the assistance of external aviation safety expertise.

               (28)

               The Minister acknowledged during the Air safety Committee and LCAA confirmed in writing on 22 March 2012 that, because of the identified safety deficiencies in the oversight system of Libya, Libyan air carriers will not be permitted to operate into the European Union, Norway, Iceland and Switzerland at least until 22 November 2012, and that their AOCs will be amended to reflect these restrictions accordingly. He stated further that a Committee had been formed to take forward the work of reconstruction of the Libyan aviation safety system. He stated that the competent authorities of Libya would work closely with the Commission and provide regular updates in order to provide evidence of progress.

               (29)

               The Committee took note of the decisive action of the Libyan authorities and requested that, no later than 20 April 2012, the LCAA provide to the Commission a corrective action plan which fully addresses all outstanding requests for information, and sets out specific actions and target dates to address the shortfalls in their oversight system.

               (30)

               The Commission and the Air Safety Committee acknowledged the significant difficulties Libya faces following the conflict and took note of the strong commitment by the Minister to put in place a process of reconstruction. The Commission encourages the LCAA to continue with their open and constructive dialogue established with the Commission since the end of the recent conflict. However, should the LCAA fail to enforce the restrictions they have announced, the Commission will be compelled to take immediate safeguard measures in accordance with Art. 5(1) of Regulation (EC) No 2111/2005 of the European Parliament and of the Council.

               (31)

               The aviation safety situation in Libya will be reviewed by the Air Safety Committee in its meeting scheduled for November 2012 where the effectiveness of actions undertaken by the competent authorities of Libya will be assessed.

               (32)

               Air carriers certified in Mauritania have been listed in Annex A since November 2010 (10). The competent authorities of Mauritania (ANAC) informed of the issuance of a new AOC to the air carrier Mauritania Airlines without demonstrating that the safety oversight of this air carrier complies fully with applicable international safety standards. In particular, its AOC was issued on 8 May 2011 without providing evidence that the numerous deficiencies identified during the initial certification of the airline (desktop review of the operational and maintenance procedures in April 2011 and on-site audit carried out between 3 and 5 May 2011) had been effectively rectified prior to the issuance of the AOC. The AOC was also issued without ensuring beforehand that the operator held the appropriate approvals for continuing airworthiness and maintenance. Furthermore, no evidence was provided that the air carrier is subject to continuous oversight in accordance with international safety standards. Therefore, on the basis of the common criteria, it is assessed that this carrier should be equally included in Annex A.

               (33)

               ANAC also informed that the AOC of Mauritania Airways expired on 15 December 2010 and was not renewed as the air carrier ceased its activity. Therefore, on the basis of the common criteria, it is assessed that this carrier should be removed from Annex A.

               (34)

               Mauritania informed that decisive actions have been undertaken to bring positive changes to its safety oversight system, including the amendment of the civil aviation legislation to align them with the Annexes to the Chicago Convention and changes to the ANAC's management, structure and staffing. The processes for the certification and the continuous surveillance of air carriers have also been updated and will become applicable in the near future.

               (35)

               Whilst recognising that Mauritania still has work to do to address all findings, ICAO informed that Mauritania's commitment to resolve the safety deficiencies identified during the audit conducted in 2008 is to be commended. The State has provided regular updates of its corrective action plan and significant progress is reported by the State. The ICAO Coordinated Validation Mission (ICVM) scheduled in May 2012 will be an important step to validate the progress made.

               (36)

               The Commission welcomes the progress reported by the competent authorities of Mauritania in the rectification of the deficiencies identified by ICAO and encourages these authorities to pursue their actions with determination in due cooperation with ICAO. The Air Safety Committee will reassess the situation depending on the results of the ICAO Coordinated Validation Mission.

               (37)

               The Commission has continued its consultations with the Competent Authority of Pakistan (PCAA) and Pakistan International Airways (PIA), and met with them on 20 February 2012 to review their progress in taking the actions described in their Corrective Action Plans (CAP).

               (38)

               The PCAA reported and provided evidence that they had increased the level of oversight of PIA, had taken regulatory action in suspending some Maintenance Licences, and had demanded significant changes to PIA's Quality Management System. They reported on the successful outcome of the ICAO audit in June 2011 and explained their plans to adopt new regulations reflecting EASA Part 145 rules.

               (39)

               PIA reported that the actions detailed in their corrective action plan were now complete, except for in-depth checks of four aircraft which were currently undergoing maintenance. They confirmed that an extensive training programme was now underway and would continue.

               (40)

               EASA informed the Air Safety Committee that the findings of SAFA inspections of PIA aircraft had led to an opening of the procedure for the suspension of the EASA Part 145 maintenance organisation approval on 11 November 2011. Whilst EASA noted that the corrective action plan of PIA appeared to identify the relevant safety issues they were unable to rely upon the PCAA to effectively monitor the performance of PIA’s maintenance standards and EASA had no option but to suspend the EASA Part-145 approval on 6 March 2012.

               (41)

               The Commission noted the progress made by both the PCAA and PIA in addressing the identified safety concerns, but confirmed that, should any significant event occur which gave rise to renewed concerns, then action to contain the safety risk would need to be taken. Member States shall therefore continue to verify the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Commission Regulation (EC) No 351/2008 of 16 April 2008 implementing Directive 2004/36/EC of the European Parliament and of the Council as regards the prioritisation of ramp inspections on aircraft using Community airports (11).

               (42)

               Air carriers certified in the Philippines have been listed in Annex A since 31 March 2010 (12). The competent authorities of the Philippines (CAAP) informed of the issuance of new Air Operator Certificates to the air carriers Aero Equipment Aviation Inc, AirAsia Philippines Certeza Infosys Corp., Mid-Sea Express, Southern Air Flight Services, NorthSky Air Inc., Island Helicopter Services. The CAAP did not respond adequately to requests for information by the Commission, failing in particular to provide the AOC of these air carriers together with the complete operations specifications; the CAAP also failed to demonstrate that the certification and continuous oversight of these air carriers comply fully with the applicable international safety standards. Therefore, on the basis of the common criteria, it is assessed that these air carriers should be equally included in Annex A.

               (43)

               Several fatal accidents were reported involving air carriers certified in the Philippines since the last Air Safety Committee. On 10 December 2011, an aircraft of type Beechcraft 65-80 with registration mark RP-C824 operated by Aviation Technology Innovator crashed into the Felixberto Serrano Elementary School near Manila, leading to the total loss of the aircraft as well as at least 14 fatalities; the CAAP did not respond to requests for information by the Commission on the preliminary findings of the accident investigation; the CAAP simply reported that the AOC was "inactive/surrendered" without however stating since when nor providing the related evidence. Another fatal accident occurred on 4 March 2012, involving an aircraft of type Cessna 172S registered RP-C209 operated by Avia Tours, leading to the total loss of the aircraft and two fatalities; although the CAAP provided preliminary information on the accident, the validity of the AOC could not be ascertained as the preliminary accident report indicates the AOC is valid until 14 August 2012 whilst the information provided by the CAAP reveals that the AOC had expired on 14 February 2012.

               (44)

               The CAAP informed that several operators have an "inactive/surrendered" AOC or were recertified under PCAR Part-11 intended for aerial work. However, the CAAP failed to provide evidence that the corresponding AOC had been revoked and evidence that these operators were no longer involved in commercial air transport. Therefore, on the basis of the common criteria, it is assessed that these operators should remain in Annex A.

               (45)

               The U.S. Federal Aviation Administration (FAA) carried out in January 2012 a one-week technical review in the Philippines in order to assess the progress of the CAAP towards compliance with international safety standards. The CAAP failed to provide detailed information on the outcome of this review. However, no change has been noticed in the FAA assessment of the Philippines, which remain in category 2 so far, i.e. not compliant with international safety standards.

               (46)

               Following the Air Safety Committee held in November 2011 (13) where the competent authorities of Russia (Russian Federal Air Transport Agency, FATA) informed and provided evidence that the operations of the air carriers Aviastar-TU, UTAir-Cargo, Tatarstan Airlines, Daghestan Airlines, Yakutia and Vim Avia (Vim Airlines) had been partially or fully restricted for safety reasons, the Commission has actively pursued the consultations with FATA in order to follow-up the developments.

               (47)

               Consultation meetings were held in Brussels on 19 December 2011 and 21 February 2012 between FATA and the Commission, EASA and certain Members of the Air Safety Committee. FATA informed about their intention to lift the restrictions imposed on part of the fleet of Tatarstan Airlines (aircraft of type Boeing B737-500, B737-400, B737-300, Tupolev 154M and Yakovlev Yak-42), Aviastar-TU (aircraft of type Tupolev Tu-204) and Yakutia (aircraft of type Boeing B757-200, B737-300 and B737-800) as FATA was satisfied with the results of inspections that were carried out on these carriers,

               (48)

               FATA also provided evidence of further enforcement actions. In particular, the AOC of Daghestan Airlines was revoked on 19 December 2011 due to the concerns arising from the audit carried out on the air carrier. FATA also informed it had requested UTAir-Cargo to put in place additional corrective actions before the restrictions on its fleet could be removed.

               (49)

               In order to ensure measures undertaken by FATA lead to sustainable safety improvement, Member States will continue to verify the effective compliance of Russian air carriers with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of these carriers pursuant to Regulation (EC) No 351/2008 and may take measures accordingly to ensure these requirements are enforced. The Commission will continue to monitor their results.

               (50)

               FATA confirmed that VIM AVIA remains subject to operating restrictions excluding flights into the EU (landing and overflights) on its entire fleet (8 aircraft of type Boeing B757-200) pending the full implementation of a corrective action plan.

               (51)

               Vim Avia appeared during the aforementioned meeting on 21 February 2012 to present the investments in safety, in particular in terms of training, but failed to demonstrate that it had succeeded in establishing a functioning safety management system. The carrier was not in a position yet to demonstrate that these investments were operative and effective.

               (52)

               FATA informed that the operator was expected to complete all corrective and remedial actions by 1 April 2012. Afterwards, FATA indicated it will perform an inspection of the air carrier to verify whether all findings have been satisfactorily addressed in order to decide whether the current restrictions could be lifted. FATA agreed to provide to the Commission the progress reports on the implementation of corrective measures by the carrier and the results of the subsequent inspection.

               (53)

               In view of the above, taking into account the effective enforcement actions undertaken by competent authorities of Russia, it appears too early to re-assess the situation of this air carrier. The Commission will examine the situation of Vim Avia in a future Air Safety Committee, based on the reports provided by the competent authorities of Russia and on their decision regarding the continuation of the current restrictions.

               (54)

               There is verified evidence of numerous serious safety deficiencies on the part of the air carrier Conviasa certified in Venezuela. These deficiencies have been identified by the competent authorities of Spain during ramp inspections performed under the SAFA programme (14). Conviasa demonstrated a lack of ability to address these safety deficiencies. Conviasa did not respond timely and adequately to all deficiencies notified by the civil aviation authority of Spain. The repetition of these non-compliances shows systemic safety deficiencies in the area of operations and maintenance.

               (55)

               Conviasa has experienced several accidents, including two fatal accidents, one affecting an aircraft of type ATR42 with registration mark YV-1010 on 13 September 2010 and one affecting an aircraft of type Boeing B737-200 with registration mark YV-102T on 30 August 2008. Results of investigations on the cause of such accidents have not been communicated to the Commission by the competent authorities of Venezuela nor is the Commission aware of any recommendations to prevent further occurrences.

               (56)

               The Commission, having regard to the above mentioned deficiencies, has entered in August 2011 into consultation with the competent authorities of Venezuela, expressing serious concerns about the safety of the operations of Conviasa and asking for clarifications regarding the actions undertaken by the competent authorities as well as the carrier to respond to these deficiencies.

               (57)

               These authorities failed to respond timely and adequately to the enquiries by the Commission regarding the safety oversight of Conviasa, as the requested information, in particular information on the progress of the accident investigation, recommendations stemming from these investigations, the actions undertaken to address the possible causes of the accidents and the carrier’s operations specifications, requirements and restrictions attached to the AOC, were not submitted.

               (58)

               Conviasa and the competent authorities of Venezuela made presentations to the Air Safety Committee on 21 March 2012. The air carrier indicated that it had undertaken actions to enhance the internal controls, the training and the implementation of a safety management system, and that further actions are considered for the future. It stated that all findings identified in ramp inspections had been responded to. The Committee noted there was considerable on-going work between the air carrier and the competent authorities of Spain. However the air carrier failed to explain the repetition of non-compliance findings of similar nature identified in subsequent inspections. The air carrier further failed to provide any information on the causes of the above mentioned fatal accidents and the actions undertaken to prevent their recurrence. The air carrier also failed to present basic information about the fleet it operates and did not provide the operations specifications, requirements and restrictions attached to its AOC.

               (59)

               In view of the above, on the basis of the common criteria, it is assessed that Conviasa does not meet the relevant safety standards and should therefore be included in Annex A.

               (60)

               There is verified evidence of safety deficiencies on the part of the air carrier Línea Turística Aerotuy certified in Venezuela. These deficiencies have been identified by France during ramp inspections performed under the SAFA programme (15).

               (61)

               Línea Turística Aerotuy has experienced several accidents, including one fatal accident involving an aircraft of type Cessna 208B with registration mark YV-1181 on 17 April 2009.

               (62)

               The Commission, having regard to the above mentioned deficiencies, has entered in August 2011 in consultation with the competent authorities of Venezuela, expressing serious concerns about the safety of the operations of Línea Turística Aerotuy and asking for clarifications regarding the actions undertaken by the competent authorities as well as the carrier to respond to these deficiencies. These authorities did not respond adequately and in a timely fashion.

               (63)

               Línea Turística Aerotuy and the competent authorities of Venezuela made presentations to the Air Safety Committee on 21 March 2012, accompanied by written submissions. The air carrier provided its AOC together with the complete operational specifications attached thereto. The air carrier indicated that it had undertaken actions to remedy the deficiencies identified in the course of ramp inspections to the satisfaction of the competent authorities of France and provided the related evidence. The air carrier was able to provide the requested clarifications about the abovementioned fatal accident and the competent authorities provided the accident report together with the related conclusions and recommendations. The competent authorities of Venezuela also stated that the recommendations stemming from the accident investigation report as well as the results of ramp checks were duly taken into account for the oversight of the air carrier.

               (64)

               The Commission and the Air Safety Committee take note of the reactivity of the air carrier and its transparency in addressing the identified safety deficiencies. Member States will however continue to verify the effective compliance of the air carrier with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of these carriers pursuant to Regulation (EC) No 351/2008 and may take measures accordingly to ensure these requirements are enforced.

               (65)

               There is verified evidence of safety deficiencies on the part of the air carrier Estelar Latinoamérica certified in Venezuela. These deficiencies have been identified by France during ramp inspections performed under the SAFA programme (16).

               (66)

               The Commission, having regard to those deficiencies, has entered in August 2011 in consultation with the competent authorities of Venezuela, expressing serious concerns about the safety of the operations of Estelar Latinoamerica and asking for clarifications regarding the actions undertaken by the competent authorities as well as the carrier to respond to these deficiencies. These authorities did not respond adequately and in a timely fashion.

               (67)

               Estelar Latinoamerica and the competent authorities of Venezuela made presentations to the Air Safety Committee on 21 March 2012 accompanied by written submissions. The air carrier provided its AOC together with the complete operational specifications attached thereto. The air carrier indicated that it had undertaken actions to remedy the deficiencies identified in the course of ramp inspections to the satisfaction of the competent authorities of France and provided the related evidence. The competent authorities indicated that they were ensuring that the results of ramp checks were duly taken into account for the oversight of the air carrier.

               (68)

               The Commission and the Air Safety Committee take note of the reactivity of the air carrier and its transparency in addressing the identified safety deficiencies. Member States will however continue to verify the effective compliance of the air carrier with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of these carriers pursuant to Regulation (EC) No 351/2008 and may take measures accordingly to ensure these requirements are enforced.

               (69)

               No evidence of the full implementation of appropriate remedial actions by the other air carriers included in the Community list updated on 21 November 2011 and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far. Therefore, on the basis of the common criteria, it is assessed that these air carriers should continue to be subject to an operating ban (Annex A) or operating restrictions (Annex B), as the case may be.

               (70)

               The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 474/2006 is amended as follows:

               1.

               Annex A is replaced by the text set out in Annex A to this Regulation.

               2.

               Annex B is replaced by the text set out in Annex B to this Regulation.

         Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in the Member States.
      Done at Brussels, 3 April 2012.

            For the Commission, On behalf of the President,

         Siim KALLAS

            Vice-President

      (1)  OJ L 344, 27.12.2005, p. 15.

      (2)  OJ L 143, 30.4.2004 p. 76.

      (3)  OJ L 373, 31.12.1991, p. 4.

      (4)  Recitals (14) to (25) of Regulation (EU) No 1197/2011, OJ L 303, 22.11.2011, p. 15.

      (5)  Standard report No DGAC/F-2011-1879

      (6)  Recitals (60) to (64) of Regulation (EC) No 474/2006 of 22 March 2006, OJ L 84, 23.3.2006, p. 18.

      (7)  Recitals (65) to (69) of Regulation (EC) No 474/2006 of 22 March 2006, OJ L 84, 23.3.2006, p. 18.

      (8)  DGAC/F-2010-1761; CAA-NL-2010-68; CAA-NL-2010-210; LBA/D-2010-656; DGAC/F-2010-850; ENAC-IT-2010-400; DGAC/F-2010-2060; DGAC/F-2010-1571; DGAC/F-2010-498

      (9)  LBA/D-2010-1258; DGAC/F-2010-841

      (10)  Recitals (43) to (51) of Regulation (EU) No 1071/2010 of 22 November 2010, OJ L 306, 23.11.2010, p. 49.

      (11)  OJ L 109, 19.4.2008, p. 7.

      (12)  Recitals (74) to (87) of Regulation (EU) No 273/2010 of 30 March 2010, OJ L 84, 31.3.2010, p. 32.

      (13)  Recitals (36) to (49) of Commission Implementing Regulation (EU) No 1197/2011 of 21 November 2011, OJ L 303, 22.11.2011, p. 19.

      (14)  Report No AESA-E-2011-234, -326, -412, -553, -663, -715, -832, -895 and AESA-E-2012-1.

      (15)  Report No DGAC/F-2011-663, -972, -1159, -2385, -2636.

      (16)  Report No DGAC/F-2011-632, -990, -1636, -1863, -2332.

      ANNEX A

         LIST OF AIR CARRIERS OF WHICH ALL OPERATIONS ARE SUBJECT TO A BAN WITHIN THE EU
          (1)

                  Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different)

                  Air Operator Certificate (AOC) Number or Operating Licence Number

                  ICAO airline designation number

                  State of the Operator

                  BLUE WING AIRLINES

                  SRBWA-01/2002

                  BWI

                  Suriname

                  CONSORCIO VENEZOLANO DE INDUSTRIAS AERONAUTICAS Y SERVICIOS AEREOS, S.A. ‘CONVIASA’

                  VCV-DB-10

                  VCV

                  Bolivarian Republic of Venezuela

                  MERIDIAN AIRWAYS LTD

                  AOC 023

                  MAG

                  Republic of Ghana

                  ROLLINS AIR

                  HR-005

                  RAV

                  Honduras

                  SILVERBACK CARGO FREIGHTERS

                  Unknown

                  VRB

                  Republic of Rwanda

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Afghanistan, including

                     Islamic Republic of Afghanistan

                  ARIANA AFGHAN AIRLINES

                  AOC 009

                  AFG

                  Islamic Republic of Afghanistan

                  KAM AIR

                  AOC 001

                  KMF

                  Islamic Republic of Afghanistan

                  PAMIR AIRLINES

                  Unknown

                  PIR

                  Islamic Republic of Afghanistan

                  SAFI AIRWAYS

                  AOC 181

                  SFW

                  Islamic Republic of Afghanistan

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Angola, with the exception of TAAG Angola Airlines put in Annex B, including

                     Republic of Angola

                  AEROJET

                  AO 008-01/11

                  Unknown

                  Republic of Angola

                  AIR26

                  AO 003-01/11-DCD

                  DCD

                  Republic of Angola

                  AIR GICANGO

                  009

                  Unknown

                  Republic of Angola

                  AIR JET

                  AO 006-01/11-MBC

                  MBC

                  Republic of Angola

                  AIR NAVE

                  017

                  Unknown

                  Republic of Angola

                  ANGOLA AIR SERVICES

                  006

                  Unknown

                  Republic of Angola

                  DIEXIM

                  007

                  Unknown

                  Republic of Angola

                  FLY540

                  AO 004-01 FLYA

                  Unknown

                  Republic of Angola

                  GIRA GLOBO

                  008

                  GGL

                  Republic of Angola

                  HELIANG

                  010

                  Unknown

                  Republic of Angola

                  HELIMALONGO

                  AO 005-01/11

                  Unknown

                  Republic of Angola

                  MAVEWA

                  016

                  Unknown

                  Republic of Angola

                  SONAIR

                  AO 002-01/10-SOR

                  SOR

                  Republic of Angola

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Benin, including

                     Republic of Benin

                  AERO BENIN

                  PEA No 014/MDCTTTATP-PR/ANAC/DEA/SCS

                  AEB

                  Republic of Benin

                  AFRICA AIRWAYS

                  Unknown

                  AFF

                  Republic of Benin

                  ALAFIA JET

                  PEA No 014/ANAC/MDCTTTATP-PR/DEA/SCS

                  N/A

                  Republic of Benin

                  BENIN GOLF AIR

                  PEA No 012/MDCTTP-PR/ANAC/DEA/SCS.

                  BGL

                  Republic of Benin

                  BENIN LITTORAL AIRWAYS

                  PEA No 013/MDCTTTATP-PR/ANAC/DEA/SCS.

                  LTL

                  Republic of Benin

                  COTAIR

                  PEA No 015/MDCTTTATP-PR/ANAC/DEA/SCS.

                  COB

                  Republic of Benin

                  ROYAL AIR

                  PEA No 11/ANAC/MDCTTP-PR/DEA/SCS

                  BNR

                  Republic of Benin

                  TRANS AIR BENIN

                  PEA No 016/MDCTTTATP-PR/ANAC/DEA/SCS

                  TNB

                  Republic of Benin

                     All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Congo, including

                     Republic of Congo

                  AERO SERVICE

                  RAC06-002

                  RSR

                  Republic of Congo

                  EQUAFLIGHT SERVICES

                  RAC 06-003

                  EKA

                  Republic of Congo

                  SOCIETE NOUVELLE AIR CONGO

                  RAC 06-004

                  Unknown

                  Republic of Congo

                  TRANS AIR CONGO

                  RAC 06-001

                  Unknown

                  Republic of Congo

                  EQUATORIAL CONGO AIRLINES S.A.

                  RAC 06-014

                  Unknown

                  Republic of Congo

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Democratic Republic of Congo (RDC), including

                     Democratic Republic of Congo (RDC)

                  AFRICAN AIR SERVICES COMMUTER

                  409/CAB/MIN/TVC/051/09

                  Unknown

                  Democratic Republic of Congo (RDC)

                  AIR KASAI

                  409/CAB/MIN/ TVC/036/08

                  Unknown

                  Democratic Republic of Congo (RDC)

                  AIR KATANGA

                  409/CAB/MIN/TVC/031/08

                  Unknown

                  Democratic Republic of Congo (RDC)

                  AIR TROPIQUES

                  409/CAB/MIN/TVC/029/08

                  Unknown

                  Democratic Republic of Congo (RDC)

                  BLUE AIRLINES

                  409/CAB/MIN/TVC/028/08

                  BUL

                  Democratic Republic of Congo (RDC)

                  BRAVO AIR CONGO

                  409/CAB/MIN/TC/0090/2006

                  BRV

                  Democratic Republic of Congo (RDC)

                  BUSINESS AVIATION

                  409/CAB/MIN/TVC/048/09

                  ABB

                  Democratic Republic of Congo (RDC)

                  BUSY BEE CONGO

                  409/CAB/MIN/TVC/052/09

                  Unknown

                  Democratic Republic of Congo (RDC)

                  CETRACA AVIATION SERVICE

                  409/CAB/MIN/TVC/026/08

                  CER

                  Democratic Republic of Congo (RDC)

                  CHC STELLAVIA

                  409/CAB/MIN/TC/0050/2006

                  Unknown

                  Democratic Republic of Congo (RDC)

                  CONGO EXPRESS

                  409/CAB/MIN/TVC/083/2009

                  EXY

                  Democratic Republic of Congo (RDC)

                  COMPAGNIE AFRICAINE D’AVIATION (CAA)

                  409/CAB/MIN/TVC/035/08

                  CAA

                  Democratic Republic of Congo (RDC)

                  DOREN AIR CONGO

                  409/CAB/MIN/TVC/0032/08

                  Unknown

                  Democratic Republic of Congo (RDC)

                  ENTREPRISE WORLD AIRWAYS (EWA)

                  409/CAB/MIN/TVC/003/08

                  EWS

                  Democratic Republic of Congo (RDC)

                  FILAIR

                  409/CAB/MIN/TVC/037/08

                  FIL

                  Democratic Republic of Congo (RDC)

                  GALAXY KAVATSI

                  409/CAB/MIN/TVC/027/08

                  Unknown

                  Democratic Republic of Congo (RDC)

                  GILEMBE AIR SOUTENANCE (GISAIR)

                  409/CAB/MIN/TVC/053/09

                  Unknown

                  Democratic Republic of Congo (RDC)

                  GOMA EXPRESS

                  409/CAB/MIN/TC/0051/2006

                  Unknown

                  Democratic Republic of Congo (RDC)

                  GOMAIR

                  409/CAB/MIN/TVC/045/09

                  Unknown

                  Democratic Republic of Congo (RDC)

                  HEWA BORA AIRWAYS (HBA)

                  409/CAB/MIN/TVC/038/08

                  ALX

                  Democratic Republic of Congo (RDC)

                  INTERNATIONAL TRANS AIR BUSINESS (ITAB)

                  409/CAB/MIN/TVC/033/08

                  Unknown

                  Democratic Republic of Congo (RDC)

                  JET CONGO AIRWAYS

                  Unknown

                  Unknown

                  Democratic Republic of Congo (RDC)

                  KIN AVIA

                  409/CAB/MIN/TVC/042/09

                  Unknown

                  Democratic Republic of Congo (RDC)

                  KORONGO AIRLINES

                  409/CAB/MIN/TVC/001/2011

                  Unknown

                  Democratic Republic of Congo (RDC)

                  LIGNES AÉRIENNES CONGOLAISES (LAC)

                  Ministerial signature (ordonnance No. 78/205)

                  LCG

                  Democratic Republic of Congo (RDC)

                  MALU AVIATION

                  409/CAB/MIN/TVC/04008

                  Unknown

                  Democratic Republic of Congo (RDC)

                  MANGO AVIATION

                  409/CAB/MIN/TVC/034/08

                  Unknown

                  Democratic Republic of Congo (RDC)

                  SAFE AIR COMPANY

                  409/CAB/MIN/TVC/025/08

                  Unknown

                  Democratic Republic of Congo (RDC)

                  SERVICES AIR

                  409/CAB/MIN/TVC/030/08

                  Unknown

                  Democratic Republic of Congo (RDC)

                  STELLAR AIRWAYS

                  AAC/DG/DTA/TM/787/2011

                  Unknown

                  Democratic Republic of Congo (RDC)

                  SWALA AVIATION

                  409/CAB/MIN/TVC/050/09

                  Unknown

                  Democratic Republic of Congo (RDC)

                  TMK AIR COMMUTER

                  409/CAB/MIN/TVC/044/09

                  Unknown

                  Democratic Republic of Congo (RDC)

                  TRACEP CONGO AVIATION

                  409/CAB/MIN/TVC/046/09

                  Unknown

                  Democratic Republic of Congo (RDC)

                  TRANS AIR CARGO SERVICES

                  409/CAB/MIN/TVC/024/08

                  Unknown

                  Democratic Republic of Congo (RDC)

                  WIMBI DIRA AIRWAYS

                  409/CAB/MIN/TVC/039/08

                  WDA

                  Democratic Republic of Congo (RDC)

                  ZAABU INTERNATIONAL

                  409/CAB/MIN/TVC/049/09

                  Unknown

                  Democratic Republic of Congo (RDC)

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Djibouti, including

                     Djibouti

                  DAALLO AIRLINES

                  Unknown

                  DAO

                  Djibouti

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Equatorial Guinea, including

                     Equatorial Guinea

                  CRONOS AIRLINES

                  2011/0004/MTTCT/DGAC/SOPS

                  Unknown

                  Equatorial Guinea

                  CEIBA INTERCONTINENTAL

                  2011/0001/MTTCT/DGAC/SOPS

                  CEL

                  Equatorial Guinea

                  PUNTO AZUL

                  2012/0006/MTTCT/DGAC/SOPS

                  Unknown

                  Equatorial Guinea

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Indonesia, with the exception of Garuda Indonesia, Airfast Indonesia, Mandala Airlines, Ekspres Transportasi Antarbenua, Indonesia Air Asia and Metro Batavia, including

                     Republic of Indonesia

                  AIR PACIFIC UTAMA

                  135-020

                  Unknown

                  Republic of Indonesia

                  ALFA TRANS DIRGANTATA

                  135-012

                  Unknown

                  Republic of Indonesia

                  ASCO NUSA AIR

                  135-022

                  Unknown

                  Republic of Indonesia

                  ASI PUDJIASTUTI

                  135-028

                  Unknown

                  Republic of Indonesia

                  AVIASTAR MANDIRI

                  135-029

                  Unknown

                  Republic of Indonesia

                  DABI AIR NUSANTARA

                  135-030

                  Unknown

                  Republic of Indonesia

                  DERAYA AIR TAXI

                  135-013

                  DRY

                  Republic of Indonesia

                  DERAZONA AIR SERVICE

                  135-010

                  DRZ

                  Republic of Indonesia

                  DIRGANTARA AIR SERVICE

                  135-014

                  DIR

                  Republic of Indonesia

                  EASTINDO

                  135-038

                  Unknown

                  Republic of Indonesia

                  ENGGANG AIR SERVICE

                  135-045

                  Unknown

                  Republic of Indonesia

                  ERSA EASTERN AVIATION

                  135-047

                  Unknown

                  Republic of Indonesia

                  GATARI AIR SERVICE

                  135-018

                  GHS

                  Republic of Indonesia

                  INDONESIA AIR TRANSPORT

                  121-034

                  IDA

                  Republic of Indonesia

                  INTAN ANGKASA AIR SERVICE

                  135-019

                  Unknown

                  Republic of Indonesia

                  JOHNLIN AIR TRANSPORT

                  135-043

                  Unknown

                  Republic of Indonesia

                  KAL STAR

                  121-037

                  KLS

                  Republic of Indonesia

                  KARTIKA AIRLINES

                  121-003

                  KAE

                  Republic of Indonesia

                  KURA-KURA AVIATION

                  135-016

                  KUR

                  Republic of Indonesia

                  LION MENTARI AIRLINES

                  121-010

                  LNI

                  Republic of Indonesia

                  MANUNGGAL AIR SERVICE

                  121-020

                  Unknown

                  Republic of Indonesia

                  MATTHEW AIR NUSANTARA

                  135-048

                  Unknown

                  Republic of Indonesia

                  MERPATI NUSANTARA AIRLINES

                  121-002

                  MNA

                  Republic of Indonesia

                  MIMIKA AIR

                  135-007

                  Unknown

                  Republic of Indonesia

                  NATIONAL UTILITY HELICOPTER

                  135-011

                  Unknown

                  Republic of Indonesia

                  NUSANTARA AIR CHARTER

                  121-022

                  Unknown

                  Republic of Indonesia

                  NUSANTARA BUANA AIR

                  135-041

                  Unknown

                  Republic of Indonesia

                  NYAMAN AIR

                  135-042

                  Unknown

                  Republic of Indonesia

                  PELITA AIR SERVICE

                  121-008

                  PAS

                  Republic of Indonesia

                  PENERBANGAN ANGKASA SEMESTA

                  135-026

                  Unknown

                  Republic of Indonesia

                  PURA WISATA BARUNA

                  135-025

                  Unknown

                  Republic of Indonesia

                  RIAU AIRLINES

                  121-016

                  RIU

                  Republic of Indonesia

                  SAMPOERNA AIR NUSANTARA

                  135-036

                  SAE

                  Republic of Indonesia

                  SAYAP GARUDA INDAH

                  135-004

                  Unknown

                  Republic of Indonesia

                  SKY AVIATION

                  135-044

                  Unknown

                  Republic of Indonesia

                  SMAC

                  135-015

                  SMC

                  Republic of Indonesia

                  SRIWIJAYA AIR

                  121-035

                  SJY

                  Republic of Indonesia

                  SURVEI UDARA PENAS

                  135-006

                  Unknown

                  Republic of Indonesia

                  SURYA AIR

                  135-046

                  Unknown

                  Republic of Indonesia

                  TRANSNUSA AVIATION MANDIRI

                  121-048

                  Unknown

                  Republic of Indonesia

                  TRANSWISATA PRIMA AVIATION

                  135-021

                  Unknown

                  Republic of Indonesia

                  TRAVEL EXPRESS AVIATION SERVICE

                  121-038

                  XAR

                  Republic of Indonesia

                  TRAVIRA UTAMA

                  135-009

                  Unknown

                  Republic of Indonesia

                  TRI MG INTRA ASIA AIRLINES

                  121-018

                  TMG

                  Republic of Indonesia

                  TRIGANA AIR SERVICE

                  121-006

                  TGN

                  Republic of Indonesia

                  UNINDO

                  135-040

                  Unknown

                  Republic of Indonesia

                  WING ABADI AIRLINES

                  121-012

                  WON

                  Republic of Indonesia

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Kazakhstan, with the exception of Air Astana, including

                     Republic of Kazakhstan

                  AERO AIR COMPANY

                  AK-0429-10

                  ILK

                  Republic of Kazakhstan

                  AIR ALMATY

                  AK-0409-09

                  LMY

                  Republic of Kazakhstan

                  AIR TRUST AIRCOMPANY

                  AK-0412-10

                  RTR

                  Republic of Kazakhstan

                  AK SUNKAR AIRCOMPANY

                  AK-0396-09

                  AKS

                  Republic of Kazakhstan

                  ASIA CONTINENTAL AIRLINES

                  AK-0345-08

                  CID

                  Republic of Kazakhstan

                  ASIA WINGS

                  AK-0390-09

                  AWA

                  Republic of Kazakhstan

                  ATMA AIRLINES

                  AK-0437-10

                  AMA

                  Republic of Kazakhstan

                  AVIA-JAYNAR / AVIA-ZHAYNAR

                  AK-0435-10

                  SAP

                  Republic of Kazakhstan

                  BEYBARS AIRCOMPANY

                  AK-0383-09

                  BBS

                  Republic of Kazakhstan

                  BERKUT AIR/BEK AIR

                  AK-0428-10

                  BEK

                  Republic of Kazakhstan

                  BURUNDAYAVIA AIRLINES

                  AK-0415-10

                  BRY

                  Republic of Kazakhstan

                  COMLUX

                  AK-0399-09

                  KAZ

                  Republic of Kazakhstan

                  DETA AIR

                  AK-0417-10

                  DET

                  Republic of Kazakhstan

                  EAST WING

                  AK-0411-09

                  EWZ

                  Republic of Kazakhstan

                  EASTERN EXPRESS

                  AK-0427-10

                  LIS

                  Republic of Kazakhstan

                  EURO-ASIA AIR

                  AK-0384-09

                  EAK

                  Republic of Kazakhstan

                  EURO-ASIA AIR INTERNATIONAL

                  AK-0389-09

                  KZE

                  Republic of Kazakhstan

                  FLY JET KZ

                  AK-0391-09

                  FJK

                  Republic of Kazakhstan

                  INVESTAVIA

                  AK-0342-08

                  TLG

                  Republic of Kazakhstan

                  IRTYSH AIR

                  AK-0439-11

                  MZA

                  Republic of Kazakhstan

                  JET AIRLINES

                  AK-0419-10

                  SOZ

                  Republic of Kazakhstan

                  JET ONE

                  AK-0433-10

                  JKZ

                  Republic of Kazakhstan

                  KAZAIR JET

                  AK-0387-09

                  KEJ

                  Republic of Kazakhstan

                  KAZAIRTRANS AIRLINE

                  AK-0349-09

                  KUY

                  Republic of Kazakhstan

                  KAZAIRWEST

                  AK-0404-09

                  KAW

                  Republic of Kazakhstan

                  KAZAVIASPAS

                  AK-0405-09

                  KZS

                  Republic of Kazakhstan

                  MEGA AIRLINES

                  AK-0424-10

                  MGK

                  Republic of Kazakhstan

                  MIRAS

                  AK-0402-09

                  MIF

                  Republic of Kazakhstan

                  PRIME AVIATION

                  AK-0393-09

                  PKZ

                  Republic of Kazakhstan

                  SAMAL AIR

                  AK-0407-09

                  SAV

                  Republic of Kazakhstan

                  SAYAKHAT AIRLINES

                  AK-0426-10

                  SAH

                  Republic of Kazakhstan

                  SEMEYAVIA

                  AK-400-09

                  SMK

                  Republic of Kazakhstan

                  SCAT

                  AK-0420-10

                  VSV

                  Republic of Kazakhstan

                  SKYBUS

                  AK-0432-10

                  BYK

                  Republic of Kazakhstan

                  SKYJET

                  AK-0398-09

                  SEK

                  Republic of Kazakhstan

                  UST-KAMENOGORSK / AIR DIVISION OF EKA

                  AK-0440-11

                  UCK

                  Republic of Kazakhstan

                  ZHETYSU AIRCOMPANY

                  AK-0438-11

                  JTU

                  Republic of Kazakhstan

                     All air carriers certified by the authorities with responsibility for regulatory oversight of the Kyrgyz Republic, including

                     Kyrgyz Republic

                  AIR MANAS

                  17

                  MBB

                  Kyrgyz Republic

                  ASIAN AIR

                  36

                  AZZ

                  Kyrgyz Republic

                  AVIA TRAFFIC COMPANY

                  23

                  AVJ

                  Kyrgyz Republic

                  AEROSTAN (EX BISTAIR-FEZ BISHKEK)

                  08

                  BSC

                  Kyrgyz Republic

                  CENTRAL ASIAN AVIATION SERVICES (CAAS)

                  13

                  CBK

                  Kyrgyz Republic

                  CLICK AIRWAYS

                  11

                  CGK

                  Kyrgyz Republic

                  DAMES

                  20

                  DAM

                  Kyrgyz Republic

                  EASTOK AVIA

                  15

                  EEA

                  Kyrgyz Republic

                  ITEK AIR

                  04

                  IKA

                  Kyrgyz Republic

                  KYRGYZ TRANS AVIA

                  31

                  KTC

                  Kyrgyz Republic

                  KYRGYZSTAN

                  03

                  LYN

                  Kyrgyz Republic

                  KYRGYZSTAN AIRLINE

                  Unknown

                  KGA

                  Kyrgyz Republic

                  S GROUP AVIATION

                  6

                  SGL

                  Kyrgyz Republic

                  SKY WAY AIR

                  21

                  SAB

                  Kyrgyz Republic

                  TRAST AERO

                  05

                  TSJ

                  Kyrgyz Republic

                  VALOR AIR

                  07

                  VAC

                  Kyrgyz Republic

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Liberia.

                     Liberia

                     All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Gabon, with the exception of Gabon Airlines, Afrijet and SN2AG put in Annex B, including

                     Republic of Gabon

                  AFRIC AVIATION

                  010/MTAC/ANAC-G/DSA

                  Unknown

                  Republic of Gabon

                  AIR SERVICES SA

                  004/MTAC/ANAC-G/DSA

                  RVS

                  Republic of Gabon

                  AIR TOURIST (ALLEGIANCE)

                  007/MTAC/ANAC-G/DSA

                  LGE

                  Republic of Gabon

                  NATIONALE ET REGIONALE TRANSPORT (NATIONALE)

                  008/MTAC/ANAC-G/DSA

                  NRG

                  Republic of Gabon

                  SCD AVIATION

                  005/MTAC/ANAC-G/DSA

                  SCY

                  Republic of Gabon

                  SKY GABON

                  009/MTAC/ANAC-G/DSA

                  SKG

                  Republic of Gabon

                  SOLENTA AVIATION GABON

                  006/MTAC/ANAC-G/DSA

                  Unknown

                  Republic of Gabon

                     All air carriers certified by the authorities with responsibility for regulatory oversight of the Islamic Republic of Mauritania, including

                     Islamic Republic of Mauritania

                  MAURITANIA AIRLINES (MAURITANIA AIRLINES INTERNATIONAL)

                  001/2011/DG/ANAC

                  MAI

                  Islamic Republic of Mauritania

                     All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Mozambique, including

                     Republic of Mozambique

                  MOZAMBIQUE AIRLINES – LINHAS AEREAS DE MOÇAMBIQUE

                  MOZ-01/2010

                  LAM

                  Republic of Mozambique

                  MOZAMBIQUE EXPRESS/MEX

                  02 of 2010

                  MXE

                  Republic of Mozambique

                  TRANS AIRWAYS/KAYA AIRLINES

                  03 of 2010

                  Unknown

                  Republic of Mozambique

                  HELICOPTEROS CAPITAL

                  Unknown

                  Unknown

                  Republic of Mozambique

                  CFA MOZAMBIQUE

                  Unknown

                  Unknown

                  Republic of Mozambique

                  UNIQUE AIR CHARTER

                  Unknown

                  Unknown

                  Republic of Mozambique

                  AEROVISAO DE MOZAMBIQUE

                  Unknown

                  Unknown

                  Republic of Mozambique

                  SAFARI AIR

                  Unknown

                  Unknown

                  Republic of Mozambique

                  ETA AIR CHARTER LDA

                  04 of 2010

                  Unknown

                  Republic of Mozambique

                  EMILIO AIR CHARTER LDA

                  05 of 2010

                  Unknown

                  Republic of Mozambique

                  CFM-TTA SA

                  07 of 2010

                  Unknown

                  Republic of Mozambique

                  AERO-SERVICOS SARL

                  08 of 2010

                  Unknown

                  Republic of Mozambique

                  VR CROPSPRAYERS LDA

                  06 of 2010

                  Unknown

                  Republic of Mozambique

                     All air carriers certified by the authorities with responsibility for regulatory oversight of the Philippines, including

                     Republic of the Philippines

                  AEROEQUIPEMENT AVIATION

                  Unknown

                  Unknown

                  Republic of the Philippines

                  AEROMAJESTIC

                  Unknown

                  Unknown

                  Republic of the Philippines

                  AEROWURKS AERIAL SPRAYING SERVICES

                  2010030

                  Unknown

                  Republic of the Philippines

                  AIR ASIA PHILIPPINES

                  Unknown

                  Republic of the Philippines

                  AIR PHILIPPINES CORPORATION

                  2009006

                  GAP

                  Republic of the Philippines

                  AIR WOLF AVIATION INC.

                  200911

                  Unknown

                  Republic of the Philippines

                  AIRTRACK AGRICULTURAL CORPORATION

                  2010027

                  Unknown

                  Republic of the Philippines

                  ASIA AIRCRAFT OVERSEAS PHILIPPINES INC.

                  4AN9800036

                  Unknown

                  Republic of the Philippines

                  AVIATION TECHNOLOGY INNOVATORS, INC.

                  4AN2007005

                  Unknown

                  Republic of the Philippines

                  AVIATOUR'S FLY'N INC.

                  200910

                  Unknown

                  Republic of the Philippines

                  AYALA AVIATION CORP.

                  4AN9900003

                  Unknown

                  Republic of the Philippines

                  BEACON

                  Unknown

                  Unknown

                  Republic of the Philippines

                  BENDICE TRANSPORT MANAGEMENT INC.

                  4AN2008006

                  Unknown

                  Republic of the Philippines

                  CANADIAN HELICOPTERS PHILIPPINES INC.

                  4AN9800025

                  Unknown

                  Republic of the Philippines

                  CEBU PACIFIC AIR

                  2009002

                  CEB

                  Republic of the Philippines

                  CERTEZA INFOSYSTEMS CORP.

                  2011040

                  Unknown

                  Republic of the Philippines

                  CHEMTRAD AVIATION CORPORATION

                  2009018

                  Unknown

                  Republic of the Philippines

                  CM AERO SERVICES

                  20110401

                  Unknown

                  Republic of the Philippines

                  CORPORATE AIR

                  Unknown

                  Unknown

                  Republic of the Philippines

                  CYCLONE AIRWAYS

                  4AN9900008

                  Unknown

                  Republic of the Philippines

                  FAR EAST AVIATION SERVICES

                  2009013

                  Unknown

                  Republic of the Philippines

                  F.F. CRUZ AND COMPANY, INC.

                  2009017

                  Unknown

                  Republic of the Philippines

                  HUMA CORPORATION

                  2009014

                  Unknown

                  Republic of the Philippines

                  INAEC AVIATION CORP.

                  4AN2002004

                  Unknown

                  Republic of the Philippines

                  INTERISLAND AIRLINES

                  2010023

                  Unknown

                  Republic of the Philippines

                  ISLAND AVIATION

                  2009009

                  SOY

                  Republic of the Philippines

                  ISLAND HELICOPTER SERVICES

                  2011043

                  SOY

                  Republic of the Philippines

                  ISLAND TRANSVOYAGER

                  2010022

                  Unknown

                  Republic of the Philippines

                  LION AIR, INCORPORATED

                  2009019

                  Unknown

                  Republic of the Philippines

                  MACRO ASIA AIR TAXI SERVICES

                  2010029

                  Unknown

                  Republic of the Philippines

                  MID-SEA EXPRESS

                  Unknown

                  Republic of the Philippines

                  MINDANAO RAINBOW AGRICULTURAL DEVELOPMENT SERVICES

                  2009016

                  Unknown

                  Republic of the Philippines

                  MISIBIS AVIATION & DEVELOPMENT CORP

                  2010020

                  Unknown

                  Republic of the Philippines

                  NORTHSKY AIR INC.

                  2011042

                  Unknown

                  Republic of the Philippines

                  OMNI AVIATION CORP.

                  2010033

                  Unknown

                  Republic of the Philippines

                  PACIFIC EAST ASIA CARGO AIRLINES, INC.

                  4AS9800006

                  PEC

                  Republic of the Philippines

                  PACIFIC AIRWAYS CORPORATION

                  4AN9700007

                  Unknown

                  Republic of the Philippines

                  PACIFIC ALLIANCE CORPORATION

                  4AN2006001

                  Unknown

                  Republic of the Philippines

                  PHILIPPINE AIRLINES

                  2009001

                  PAL

                  Republic of the Philippines

                  PHILIPPINE AGRICULTURAL AVIATION CORP.

                  4AN9800015

                  Unknown

                  Republic of the Philippines

                  ROYAL AIR CHARTER SERVICES INC.

                  2010024

                  Unknown

                  Republic of the Philippines

                  ROYAL STAR AVIATION, INC.

                  2010021

                  Unknown

                  Republic of the Philippines

                  SOUTH EAST ASIA AIRLINE INC. (SEAIR)

                  2009 004

                  Unknown

                  Republic of the Philippines

                  SOUTHERN AIR FLIGHT SERVICES

                  2011045

                  Unknown

                  Republic of the Philippines

                  SOUTHSTAR AVIATION COMPANY, INC.

                  4AN9800037

                  Unknown

                  Republic of the Philippines

                  SPIRIT OF MANILA AIRLINES CORPORATION

                  2009008

                  MNP

                  Republic of the Philippines

                  SUBIC INTERNATIONAL AIR CHARTER

                  4AN9900010

                  Unknown

                  Republic of the Philippines

                  SUBIC SEAPLANE, INC.

                  4AN2000002

                  Unknown

                  Republic of the Philippines

                  TOPFLITE AIRWAYS, INC.

                  4AN9900012

                  Unknown

                  Republic of the Philippines

                  TRANSGLOBAL AIRWAYS CORPORATION

                  2009007

                  TCU

                  Republic of the Philippines

                  WORLD AVIATION, CORP.

                  Unknown

                  Unknown

                  Republic of the Philippines

                  WCC AVIATION COMPANY

                  2009015

                  Unknown

                  Republic of the Philippines

                  YOKOTA AVIATION, INC.

                  Unknown

                  Unknown

                  Republic of the Philippines

                  ZENITH AIR, INC.

                  2009012

                  Unknown

                  Republic of the Philippines

                  ZEST AIRWAYS INCORPORATED

                  2009003

                  RIT

                  Republic of the Philippines

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Sao Tome and Principe, including

                     Sao Tome and Principe

                  AFRICA CONNECTION

                  10/AOC/2008

                  Unknown

                  Sao Tome and Principe

                  BRITISH GULF INTERNATIONAL COMPANY LTD

                  01/AOC/2007

                  BGI

                  Sao Tome and Principe

                  EXECUTIVE JET SERVICES

                  03/AOC/2006

                  EJZ

                  Sao Tome and Principe

                  GLOBAL AVIATION OPERATION

                  04/AOC/2006

                  Unknown

                  Sao Tome and Principe

                  GOLIAF AIR

                  05/AOC/2001

                  GLE

                  Sao Tome and Principe

                  ISLAND OIL EXPLORATION

                  01/AOC/2008

                  Unknown

                  Sao Tome and Principe

                  STP AIRWAYS

                  03/AOC/2006

                  STP

                  Sao Tome and Principe

                  TRANSAFRIK INTERNATIONAL LTD

                  02/AOC/2002

                  TFK

                  Sao Tome and Principe

                  TRANSCARG

                  01/AOC/2009

                  Unknown

                  Sao Tome and Principe

                  TRANSLIZ AVIATION (TMS)

                  02/AOC/2007

                  TMS

                  Sao Tome and Principe

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Sierra Leone, including

                     Sierra Leone

                  AIR RUM, LTD

                  Unknown

                  RUM

                  Sierra Leone

                  DESTINY AIR SERVICES, LTD

                  Unknown

                  DTY

                  Sierra Leone

                  HEAVYLIFT CARGO

                  Unknown

                  Unknown

                  Sierra Leone

                  ORANGE AIR SIERRA LEONE LTD

                  Unknown

                  ORJ

                  Sierra Leone

                  PARAMOUNT AIRLINES, LTD

                  Unknown

                  PRR

                  Sierra Leone

                  SEVEN FOUR EIGHT AIR SERVICES LTD

                  Unknown

                  SVT

                  Sierra Leone

                  TEEBAH AIRWAYS

                  Unknown

                  Unknown

                  Sierra Leone

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Sudan, including

                     Republic of Sudan

                  ALFA AIRLINES

                  054

                  AAJ

                  Republic of the Sudan

                  ALMAJAL AVIATION SERVICE

                  015

                  MGG

                  Republic of the Sudan

                  ALMAJARA AVIATION

                  Unknown

                  MJA

                  Republic of the Sudan

                  ATTICO AIRLINES (TRANS ATTICO)

                  023

                  ETC

                  Republic of the Sudan

                  AZZA TRANSPORT COMPANY

                  012

                  AZZ

                  Republic of the Sudan

                  BADER AIRLINES

                  035

                  BDR

                  Republic of the Sudan

                  FOURTY EIGHT AVIATION

                  054

                  WHB

                  Republic of the Sudan

                  GREEN FLAG AVIATION

                  017

                  Unkown

                  Republic of the Sudan

                  MARSLAND COMPANY

                  040

                  MSL

                  Republic of the Sudan

                  NOVA AIRLINES

                  001

                  NOV

                  Republic of the Sudan

                  SUDAN AIRWAYS

                  Unknown

                  SUD

                  Republic of the Sudan

                  SUDANESE STATES AVIATION COMPANY

                  010

                  SNV

                  Republic of the Sudan

                  SUN AIR COMPANY

                  051

                  SNR

                  Republic of the Sudan

                  TARCO AIRLINES

                  056

                  Unknown

                  Republic of the Sudan

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Swaziland, including

                     Swaziland

                  SWAZILAND AIRLINK

                  Unknown

                  SZL

                  Swaziland

                     All air carriers certified by the authorities with responsibility for regulatory oversight of Zambia, including

                     Zambia

                  ZAMBEZI AIRLINES

                  Z/AOC/001/2009

                  ZMA

                  Zambia

         (1)  Air carriers listed in Annex A could be permitted to exercise traffic rights by using wet-leased aircraft of an air carrier which is not subject to an operating ban, provided that the relevant safety standards are complied with.

      ANNEX B

         LIST OF AIR CARRIERS OF WHICH OPERATIONS ARE SUBJECT TO OPERATIONAL RESTRICTIONS WITHIN THE EU
          (1)

                  Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different)

                  Air Operator Certificate (AOC) Number

                  ICAO airline designation number

                  State of the Operator

                  Aircraft type restricted

                  Registration mark(s) and, when available, construction serial number(s)

                  State of registry

                  AIR KORYO

                  GAC-AOC/KOR-01

                  KOR

                  DPRK

                  All fleet with the exception of: 2 aircraft of type TU- 204

                  All fleet with the exception of: P-632, P-633

                  DPRK

                  AFRIJET (2)

                  002/MTAC/ANAC-G/DSA

                  ABS

                  Republic of Gabon

                  All fleet with the exception of: 2 aircraft of type Falcon 50, 2 aircraft of type Falcon 900

                  All fleet with the exception of: TR-LGV; TR-LGY; TR-AFJ; TR-AFR

                  Republic of Gabon

                  AIR ASTANA (3)

                  AK-0388-09

                  KZR

                  Kazakhstan

                  All fleet with the exception of: 2 aircraft of type B-767, 4 aircraft of type B-757, 10 aircraft of type A319/320/321, 5 aircraft of type Fokker 50

                  All fleet with the exception of: P4-KCA, P4-KCB, P4-EAS, P4-FAS, P4-GAS, P4-MAS; P4-NAS, P4-OAS, P4-PAS, P4-SAS, P4-TAS, P4-UAS, P4-VAS, P4-WAS, P4-YAS, P4-XAS; P4-HAS, P4-IAS, P4-JAS, P4-KAS, P4-LAS

                  Aruba (Kingdom of the Netherlands)

                  AIRLIFT INTERNATIONAL (GH) LTD

                  AOC 017

                  ALE

                  Republic of Ghana

                  All fleet with the exception of: 2 aircraft of type DC8-63F

                  All fleet with the exception of: 9G-TOP and 9G-RAC

                  Republic of Ghana

                  AIR MADAGASCAR

                  5R-M01/2009

                  MDG

                  Madagascar

                  All fleet with the exception of: 2 aircraft of type Boeing B-737-300, 2 aircraft of type ATR 72-500, 1 aircraft of type ATR 42-500, 1 aircraft of type ATR 42-320 and 3 aircraft of type DHC 6-300

                  All fleet with the exception of: 5R-MFH, 5R-MFI, 5R-MJE, 5R-MJF, 5R-MJG, 5R-MVT, 5R-MGC, 5R-MGD, 5R-MGF

                  Republic of Madagascar

                  AIR SERVICE COMORES

                  06-819/TA-15/DGACM

                  KMD

                  Comoros

                  All fleet with the exception of: LET 410 UVP

                  All fleet with the exception of: D6-CAM (851336)

                  Comoros

                  GABON AIRLINES (4)

                  001/MTAC/ANAC

                  GBK

                  Republic of Gabon

                  All fleet with the exception of: 1 aircraft of type Boeing B-767-200

                  All fleet with the exception of: TR-LHP

                  Republic of Gabon

                  IRAN AIR (5)

                  FS100

                  IRA

                  Islamic Republic of Iran

                  All fleet with the exception of: 14 aircraft of type A-300, 8 aircraft of type A-310, 1 aircraft B-737

                  All fleet with the exception of:

                              EP-IBA

                              EP-IBB

                              EP-IBC

                              EP-IBD

                              EP-IBG

                              EP-IBH

                              EP-IBI

                              EP-IBJ

                              EP-IBM

                              EP-IBN

                              EP-IBO

                              EP-IBS

                              EP-IBT

                              EP-IBV

                              EP-IBX

                              EP-IBZ

                              EP-ICE

                              EP-ICF

                              EP-IBK

                              EP-IBL

                              EP-IBP

                              EP-IBQ

                              EP-AGA

                  Islamic Republic of Iran

                  JORDAN AVIATION

                  C002

                  JAV

                  Hashemite Kingdom of Jordan

                  All fleet with the exception of: 8 aircraft of type Boeing B-737, 2 aircraft of type Airbus A-310, 1 aircraft of type Airbus A-320

                  All fleet with the exception of:

                              JY-JAB

                              JY-JAD

                              JY-JAN

                              JY-JAO

                              JY-JAX

                              JY-JAY

                              JY-JAP

                              JY-JAQ

                              JY-JAV

                              JY-JAH

                              JY-JAC

                  Hashemite Kingdom of Jordan

                  NOUVELLE AIR AFFAIRES GABON (SN2AG)

                  003/MTAC/ANAC-G/DSA

                  NVS

                  Republic of Gabon

                  All fleet with the exception of: 1 aircraft of type Challenger CL-601, 1 aircraft of type HS-125-800

                  All fleet with the exception of: TR-AAG, ZS-AFG

                  Republic of Gabon; Republic of South Africa

                  TAAG ANGOLA AIRLINES

                  001

                  DTA

                  Republic of Angola

                  All fleet with the exception of: 5 aircraft of type Boeing B-777 and 4 aircraft of type Boeing B-737-700

                  All fleet with the exception of: D2-TED, D2-TEE, D2-TEF, D2-TEG, D2-TEH, D2-TBF, D2-TBG, D2-TBH, D2-TBJ

                  Republic of Angola

         (1)  Air carriers listed in Annex B could be permitted to exercise traffic rights by using wet-leased aircraft of an air carrier which is not subject to an operating ban, provided that the relevant safety standards are complied with.

         (2)  Afrijet is only allowed to use the specific aircraft mentioned for its current operations within the European Union.

         (3)  Air Astana is only allowed to use the specific aircraft mentioned for its current operations within the European Union.

         (4)  Gabon Airlines is only allowed to use the specific aircraft mentioned for its current operations within the European Community.

         (5)  Iran Air is allowed to operate to the European Union using the specific aircraft under the conditions set out in recital (69) Regulation (EU) No 590/2010, OJ L 170, 6.7.2010, p.15.


title: Commission Implementing Regulation (EU) No 373/2012 of 30 April 2012 fixing the import duties in the cereals sector applicable from 1 May 2012

text:
               1.5.2012

               EN

               Official Journal of the European Union

               L 117/4

         COMMISSION IMPLEMENTING REGULATION (EU) No 373/2012
   of 30 April 2012
   fixing the import duties in the cereals sector applicable from 1 May 2012
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
   Whereas:

               (1)

               Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

               (2)

               Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

               (3)

               Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

               (4)

               Import duties should be fixed for the period from 1 May 2012 and should apply until new import duties are fixed and enter into force.

               (5)

               Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   From 1 May 2012, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 April 2012.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

      (1)  OJ L 299, 16.11.2007, p. 1.

      (2)  OJ L 187, 21.7.2010, p. 5.

      ANNEX I

         Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 May 2012

                  CN code

                  Description

                  Import duties (1)

                  (EUR/t)

                  1001 19 00
                  1001 11 00

                  Durum wheat, high quality

                  0,00

                  medium quality

                  0,00

                  low quality

                  0,00

                  ex 1001 91 20

                  Common wheat seed

                  0,00

                  ex 1001 99 00

                  High quality common wheat other than for sowing

                  0,00

                  1002 10 00
                  1002 90 00

                  Rye

                  0,00

                  1005 10 90

                  Maize seed other than hybrid

                  0,00

                  1005 90 00

                  Maize other than seed (2)

                  0,00

                  1007 10 90
                  1007 90 00

                  Grain sorghum other than hybrids for sowing

                  0,00

         (1)  The importer may benefit, under Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

                  —

                  EUR 3/t, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal,

                  —

                  EUR 2/t, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean.

         (2)  The importer may benefit from a flat-rate reduction of EUR 24/t where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.

      ANNEX II

         Factors for calculating the duties laid down in Annex I

      16.4.2012-27.4.2012

                  1.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              (EUR/tonne)

                              Common wheat (1)

                              Maize

                              Durum wheat, high quality

                              Durum wheat, medium quality (2)

                              Durum wheat, low quality (3)

                              Exchange

                              Minnéapolis

                              Chicago

                              —

                              —

                              —

                              Quotation

                              235,50

                              185,78

                              —

                              —

                              —

                              Fob price USA

                              —

                              —

                              256,98

                              246,98

                              226,98

                              Gulf of Mexico premium

                              —

                              19,34

                              —

                              —

                              —

                              Great Lakes premium

                              43,27

                              —

                              —

                              —

                              —

                  2.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              Freight costs: Gulf of Mexico-Rotterdam:

                              17,74 EUR/t

                              Freight costs: Great Lakes-Rotterdam:

                              51,53 EUR/t

         (1)  Premium of EUR 14/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).

         (2)  Discount of EUR 10/t (Article 5(3) of Regulation (EU) No 642/2010).

         (3)  Discount of EUR 30/t (Article 5(3) of Regulation (EU) No 642/2010).