title: Commission Implementing Regulation (EU) 2018/1975 of 14 December 2018 amending Regulation (EU) No 965/2012 as regards air operations requirements for sailplanes and electronic flight bags

text:
                  20.12.2018

                  EN

                  Official Journal of the European Union

                  L 326/53

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1975
         of 14 December 2018
         amending Regulation (EU) No 965/2012 as regards air operations requirements for sailplanes and electronic flight bags
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 31 thereof,
         Whereas:

                     (1)

                     Commission Regulation (EU) No 965/2012 (2) establishes the conditions for the safety of several types of air operations with different categories of aircraft, including sailplane operations.

                     (2)

                     Operators involved in the operation of aircraft referred to in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139 are required to comply with the relevant essential requirements set out in Annex V to that Regulation.

                     (3)

                     Commission Implementing Regulation (EU) 2018/1976 (3) lays down specific rules for the operation of sailplanes. From the date of application of that Regulation, such operations should no longer be subject to the general rules for air operations laid down in Regulation (EU) No 965/2012. However, the rules in respect of oversight of air operations by the competent authorities of the Member States, set out in Article 3 of Regulation (EU) No 965/2012 and Annex II thereto, should continue to apply with respect to air operations with sailplanes, as those requirements are not specific to any particular air operation activity but apply horizontally in respect of all such activities.

                     (4)

                     Regulation (EU) No 965/2012 should therefore be amended accordingly, so as to take account of the new rules applicable to operations with sailplanes and to clarify which provisions of that Regulation continue applying to operations with sailplanes.

                     (5)

                     Considering the close link between provisions of Implementing Regulation (EU) 2018/1976 and provisions of this Regulation, their date of application should be aligned.

                     (6)

                     In 2014, ICAO introduced in Annex 6, Part I and Part III, Section II, provisions for the use of electronic flight bags for commercial air transport operations. Those provisions contain generic requirements for the use of electronic flight bags and also a requirement for an operational approval for the use of electronic flight bag applications used for the safe operation of aircraft. Therefore it is necessary to align Regulation (EU) No 965/2012 with ICAO provisions by introducing a new rule containing generic requirements for the use of electronic flight bags for commercial air transport and new provisions supporting an operational approval for the use of electronic flight bag applications that have a failure condition classified as minor or below.

                     (7)

                     In 2014, ICAO also introduced in Annex 6, Part II and Part III, Section III, provisions for the use of electronic flight bags in general aviation. Those provisions contain generic requirements for the use of electronic flight bags and also a requirement for Contracting States to establish criteria for the use of electronic flight bag applications used for the safe operation of aircraft. Therefore it is necessary to align Regulation (EU) No 965/2012 with ICAO provisions by introducing for non-commercial operations with complex motor-powered aircraft and for specialised operations with complex motor-powered aircraft new rules containing generic requirements for the use of electronic flight bags and requirements for the use of electronic flight bag applications with a failure condition classified as minor or below. Furthermore, this Regulation amends Regulation (EU) No 965/2012 by aligning the requirements for portable electronic devices for non-commercial operations with other-than-complex motor-powered aircraft with the generic ICAO provisions for electronic flight bag equipment.

                     (8)

                     The European Union Aviation Safety Agency prepared draft implementing rules related to specific rules for the operation of sailplanes and submitted them as an opinion (4) to the Commission in accordance with points (b) and (c) of Article 75(2) and Article 76(1) of Regulation (EU) 2018/1139.

                     (9)

                     The European Union Aviation Safety Agency prepared draft implementing rules related to the use of electronic flight bags and submitted them as an opinion (5) to the Commission in accordance with points (b) and (c) of Article 75(2) and Article 76(1) Regulation (EU) 2018/1139.

                     (10)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127 of Regulation (EU) 2018/1139,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Amendments to Regulation (EU) No 965/2012
            Regulation (EU) No 965/2012 is amended as follows:

                        (1)

                        Article 1 is amended as follows:

                                    (a)

                                    paragraphs 1, 2 and 3 are replaced by the following:

                                       ‘1.   This Regulation lays down detailed rules for air operations with aeroplanes and helicopters, including ramp inspections of aircraft of operators under the safety oversight of another State when landed at aerodromes located in the territory subject to the provisions of the Treaties.

                                       2.   This Regulation also lays down detailed rules on the conditions for issuing, maintaining, amending, limiting, suspending or revoking the certificates of operators of aircraft referred to in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139, except for balloons and sailplanes, engaged in commercial air transport operation, the privileges and responsibilities of the holders of certificates as well as conditions under which operations shall be prohibited, limited or subject to certain conditions in the interest of safety;

                                       3.   This Regulation also lays down detailed rules on the conditions and procedures for the declaration by operators engaged in commercial specialised operations of aeroplanes and helicopters or in non-commercial operation of complex motor-powered aircraft, including non-commercial specialised operations of complex motor-powered aircraft, of their capability and the availability of the means to discharge the responsibilities associated with the operation of aircraft, and for the oversight of such operators.’;

                                    (b)

                                    paragraph 7 is replaced by the following:

                                       ‘7.   This Regulation shall not apply to air operations with balloons and sailplanes. However, in respect of such air operations with balloons, other than tethered gas balloons, and sailplanes, the requirements in respect of oversight of Article 3 shall apply.’;

                        (2)

                        Article 2 is amended as follows:

                                    (a)

                                    points (1), (1a) and 1(b) are replaced by the following:

                                                ‘(1)

                                                “aeroplane” means an engine-driven fixed-wing aircraft heavier than air that is supported in flight by the dynamic reaction of the air against its wings;

                                                (1a)

                                                “helicopter” means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes;

                                                (1b)

                                                “balloon” means a manned lighter-than-air aircraft which is not power-driven and sustains flight through the use of either a lighter-than-air gas or an airborne heater, including gas balloons, hot-air balloons, mixed balloons and, although power-driven, hot-air airships;’;

                                    (b)

                                    the following points (1c), (1d) and (1e) are inserted:

                                                ‘(1c)

                                                “sailplane” means a heavier-than-air aircraft that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine;

                                                (1d)

                                                “commercial operation” means any operation of an aircraft, in return for remuneration or other valuable consideration, which is available for the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator;

                                                (1e)

                                                “tethered gas balloon” means a gas balloon with a tether system that continuously anchors the balloon to a fixed point during operation;’;

                                    (c)

                                    point (9) is replaced by the following:

                                                ‘(9)

                                                “introductory flight” means any operation against remuneration or other valuable consideration consisting of an air tour of short duration for the purpose of attracting new trainees or new members, performed either by a training organisation referred to in Article 10a of Commission Regulation (EU) No 1178/2011 (*1) or by an organisation created with the aim of promoting aerial sport or leisure aviation;

                                       (*1)  Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1).’;"

                        (3)

                        Article 5 is amended as follows:

                                    (a)

                                    paragraph 1 is replaced by the following:

                                       ‘1.   Operators shall only operate an aeroplane or a helicopter for the purpose of commercial air transport (hereinafter “CAT”) operations as specified in Annexes III and IV.’;

                                    (b)

                                    in paragraph 2, point (b) is replaced by the following:

                                                ‘(b)

                                                aeroplanes and helicopters used for the transport of dangerous goods (DG);’;

                                    (c)

                                    paragraphs 4, 5 and 6 are replaced by the following:

                                       ‘4.   Operators of other-than-complex motor-powered aeroplanes and helicopters involved in non-commercial operations, including non-commercial specialised operations, shall operate the aircraft in accordance with the provisions set out in Annex VII.

                                       5.   Training organisations referred to in Article 10a of Regulation (EU) No 1178/2011 and having their principal place of business in a Member State shall, when conducting flight training into, within or out of the Union, operate:

                                                   (a)

                                                   complex motor-powered aeroplanes and helicopters in accordance with the provisions specified in Annex VI;

                                                   (b)

                                                   other aeroplanes and helicopters in accordance with the provisions specified in Annex VII.

                                       6.   Operators shall only operate an aeroplane or a helicopter for the purpose of commercial specialised operations in accordance with the requirements in Annexes III and VIII.’;

                        (4)

                        Article 6 is amended as follows:

                                    (a)

                                    paragraph 3 is replaced by the following:

                                       ‘3.   By way of derogation from Article 5 of this Regulation and without prejudice to point (b) of Article 18(2) of Regulation (EU) 2018/1139 and to Subpart P of Annex I to Commission Regulation (EU) No 748/2012 (*2) concerning the permit to fly, the following flights shall continue to be operated under the requirements specified in the national law of the Member State in which the operator has its principal place of business, or, where the operator has no principal place of business, the place where the operator is established or resides:

                                                   (a)

                                                   flights related to the introduction or modification of aeroplane or helicopter types conducted by design or production organisations within the scope of their privileges;

                                                   (b)

                                                   flights carrying no passengers or cargo where the aeroplane or helicopter is ferried for refurbishment, repair, maintenance checks, inspections, delivery, export or similar purposes.

                                       (*2)  Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).’;"

                                    (b)

                                    paragraph 4a is amended as follows:

                                                (i)

                                                the introductory wording is replaced by the following:

                                                            ‘4a.

                                                            By way of derogation from Article 5(1) and (6), the following operations with other-than-complex motor-powered aeroplanes and helicopters may be conducted in accordance with Annex VII:’;

                                                (ii)

                                                point (c) is replaced by the following:

                                                            ‘(c)

                                                            introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and referred to in Article 10a of Regulation (EU) No 1178/2011, or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation.’;

                        (5)

                        Article 10 is amended as follows:

                                    (a)

                                    in paragraph 1, the paragraph numbering is deleted and the second subparagraph is replaced by the following:
                                    ‘It shall apply from 28 October 2012.’;

                                    (b)

                                    paragraphs 2 to 6 are deleted.

                        (6)

                        Annexes I, II, III, IV, V, VI, VII and VIII are amended in accordance with the Annex to this Regulation.

            Article 2
            Entry into force and application
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 9 July 2019.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 14 December 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 212, 22.8.2018, p. 1.

            (2)  Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).

            (3)  Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 (see page 64 of this Official Journal).

            (4)  Opinion No 07/2017 of the European Aviation Safety Agency of 23 August 2017 for a draft Commission Regulation on the revision of the operational rules for sailplanes.

            (5)  Opinion No 10/2017 of the European Aviation Safety Agency of 18 December 2017 for a draft Commission Regulation amending Commission Regulation (EU) No 965/2012.

            ANNEX
            Annexes I, II, III, IV, V, VI, VII and VIII to Regulation (EU) No 965/2012 are amended as follows:

                        (1)

                        Annex I is amended as follows:

                                    (a)

                                    point (6) is deleted;

                                    (b)

                                    point (11a) is deleted;

                                    (c)

                                    the following points (42a), (42b) and (42c) are inserted:

                                                ‘(42a)

                                                “EFB application” means a software application installed on an EFB host platform that provides one or more specific operational functions which support flight operations;

                                                (42b)

                                                “EFB host platform” means the hardware equipment in which the computing capabilities and basic software reside, including the operating system and the input/output software;

                                                (42c)

                                                “EFB system” means the hardware equipment (including any battery, connectivity provisions, input/output components) and software (including databases and the operating system) needed to support the intended EFB application(s);’;

                                    (d)

                                    the following point (44a) is inserted:

                                                ‘(44a)

                                                “electronic flight bag (EFB)” means an electronic information system, comprised of equipment and applications for flight crew, which allows for the storing, updating, displaying and processing of EFB functions to support flight operations or duties;’;

                                    (e)

                                    point (57) is deleted;

                                    (f)

                                    the following point (69a) is inserted:

                                                ‘(69a)

                                                “human–machine interface (HMI)” means a component of certain devices that is capable of handling human–machine interactions. The interface consists of hardware and software that allow user inputs to be interpreted and processed by machines or systems that, in turn, provide the required results to the user;’;

                                    (g)

                                    point (78a) is replaced by the following:

                                                ‘(78a)

                                                “minor failure condition” means a failure condition that would not significantly reduce aircraft safety, and which involves flight crew actions that are well within their capabilities;’;

                                    (h)

                                    the following point (78b) is inserted:

                                                ‘(78b)

                                                “misuse of substances” means the use of one or more psychoactive substances by flight crew, cabin crew members and other safety-sensitive personnel in a way that:

                                                            (a)

                                                            constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and/or

                                                            (b)

                                                            causes or worsens an occupational, social, mental or physical problem or disorder;’;

                                    (i)

                                    the following points (96a) and (96b) are inserted:

                                                ‘(96a)

                                                “portable EFB” means a portable EFB host platform, used on the flight deck, which is not part of the configuration of the certified aircraft;

                                                (96b)

                                                “portable electronic device (PED)” means any kind of electronic device, typically but not limited to consumer electronics, brought on board the aircraft by crew members, passengers, or as part of the cargo, that is not included in the configuration of the certified aircraft. It includes all equipment that is able to consume electrical energy. The electrical energy can be provided from internal sources such as batteries (chargeable or non-rechargeable) or the devices may also be connected to specific aircraft power sources;’;

                                    (j)

                                    the following points (120a) and (120b) are inserted:

                                                ‘(120a)

                                                “type A EFB application” means an EFB application whose malfunction or misuse has no safety effect;

                                                (120b)

                                                “type B EFB application” means an EFB application:

                                                            (a)

                                                            whose malfunction or misuse is classified as minor failure condition or below; and

                                                            (b)

                                                            which neither replaces nor duplicates any system or functionality required by airworthiness regulations, airspace requirements, or operational rules;’;

                        (2)

                        Annex II is amended as follows:

                                    (a)

                                    in point ARO.GEN.120, point (d) is replaced by the following:

                                                ‘(d)

                                                The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance:

                                                            (1)

                                                            with point ORO.GEN.120(b) of Annex III (Part-ORO) to this Regulation;

                                                            (2)

                                                            for balloons with point BOP.ADD.010 of Annex II (Part-BOP) to Commission Regulation (EU) 2018/395 (*1); or

                                                            (3)

                                                            for sailplanes with point SAO.DEC.100(c) of Annex II (Part-SAO) to Commission Implementing Regulation (EU) 2018/1976 (*2);

                                                      by analysing the documentation provided and, if considered necessary, conducting an inspection of the organisation.
                                                When the competent authority finds that the alternative means of compliance are in accordance with the Implementing Rules, it shall without undue delay:

                                                            (1)

                                                            notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the approval, specialised operation authorisation or certificate of the applicant accordingly; and

                                                            (2)

                                                            notify the Agency of their content, including copies of all relevant documentation;

                                                            (3)

                                                            inform other Member States about alternative means of compliance that were accepted.

                                       (*1)  Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10)."

                                       (*2)  Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 64).’;"

                                    (b)

                                    in point ARO.GEN.345, point (a) is replaced by the following:

                                                ‘(a)

                                                Upon receiving a declaration from an organisation carrying out or intending to carry out activities for which a declaration is required, the competent authority shall verify that the declaration contains all the information required:

                                                            (1)

                                                            pursuant to ORO.DEC.100 of Annex III (Part-ORO) to this Regulation;

                                                            (2)

                                                            for balloon operators pursuant to BOP.ADD.100 of Annex II (Part-BOP) to Regulation (EU) 2018/395; or

                                                            (3)

                                                            for sailplane operators pursuant to SAO.DEC.100 of Annex II (Part-SAO) to Implementing Regulation (EU) 2018/1976.

                                                      After having verified the required information, the competent authority shall acknowledge receipt of the declaration to the organisation.’;

                                    (c)

                                    in Appendix II, the table (EASA FORM 139) is replaced by the following:‘Text of image

                                       OPERATIONS SPECIFICATIONS
                                       (subject to the approved conditions in the operations manual)
                                       Issuing authority contact details
                                       Telephone (1): ; Fax ;
                                       Email:
                                       AOC (2): Operator name (3): Date (4): Signature:
                                       Dba trading name
                                       Operations specifications#:
                                       Aircraft model (5):
                                       Registration marks (6):
                                       Types of operations: Commercial air transport
                                       Passengers Cargo Others (7):
                                       Area of operation (8):
                                       Special limitations (9):
                                       Specific approvals:
                                       Yes
                                       No
                                       Specification (10)
                                       Remarks
                                       Dangerous goods
                                       Low-visibility operations
                                       Take-off
                                       Approach and landing
                                       CAT (11) ….
                                       RVR (12): m
                                       DA/H: ft RVR: m
                                       RVSM (13) N/A
                                       ETOPS (14) N/A
                                       Maximum diversion time (15): min.
                                       Complex navigation specifications for PBN operations (16)
                                       (17)
                                       Minimum navigation performance specification
                                       Operations of single-engined turbine aeroplane at night or in IMC
                                       (SET-IMC)
                                       (18)
                                       Helicopter operations with the aid of night-vision imaging systems
                                       Helicopter hoist operations
                                       Helicopter emergency medical service operations
                                       Helicopter offshore operations
                                       Cabin crew training (19)
                                       Issue of CC attestation (20)
                                       Use of type B EFB applications
                                       (21)
                                       Continuing airworthiness
                                       (22)
                                       Others (23)

                                    Text of image

                                       (1) Telephone and fax contact details of the competent authority, including the country code. Email to be provided if available.
                                       (2) Insertion of associated air operator certificate (AOC) number.
                                       (3) Insertion of the operator’s registered name and the operator’s trading name, if different. Insert “Dba” before the trading name (for “Doing business as”).
                                       (4) Issue date of the operations specifications (dd-mm-yyyy) and signature of the competent authority representative.
                                       (5) Insertion of ICAO designation of the aircraft make, model and series, or master series, if a series has been designated (e.g. Boeing-737-3K2 or Boeing-777-232).
                                       (6) Either the registration marks are listed in the operations specifications or in the operations manual. In the latter case, the related operations specifications must make a reference to the related page in the operation manual. In case not all specific approvals apply to the aircraft model, the registration marks of the aircraft may be entered in the remark column to the related specific approval.
                                       (7) Other type of transportation to be specified (e.g. emergency medical service).
                                       (8) Listing of geographical area(s) of authorised operation (by geographical coordinates or specific routes, flight information region or national or regional boundaries).
                                       (9) Listing of applicable special limitations (e.g. VFR only, Day only, etc.).
                                       (10) List in this column the most permissive criteria for each approval or the approval type (with appropriate criteria).
                                       (11) Insertion of applicable precision approach category: LTS CAT I, CAT II, OTS CAT II, CAT IIIA, CAT IIIB or CAT IIIC. Insertion of minimum runway visual range (RVR) in meters and decision height (DH) in feet. One line is used per listed approach category.
                                       (12) Insertion of approved minimum take-off RVR in metres. One line per approval may be used if different approvals are granted.
                                       (13) Not Applicable (N/A) box may be checked only if the aircraft maximum ceiling is below FL290.
                                       (14) Extended range operations (ETOPS) currently applies only to two-engined aircraft. Therefore, the not applicable (N/A) box may be checked if the aircraft model has more or less than two engines.
                                       (15) The threshold distance may also be listed (in NM), as well as the engine type.
                                       (16) Performance-based navigation (PBN): one line is used for each complex PBN specific approval (e.g. RNP AR APCH), with appropriate limitations listed in the “Specifications” and/or “Remarks” columns. Procedure-specific approvals of specific RNP AR APCH procedures may be listed in the operations specifications or in the operations manual. In the latter case, the related operations specifications must have a reference to the related page in the operations manual.
                                       (17) Specify if the specific approval is limited to certain runway ends and/or aerodromes.
                                       (18) Insertion of the particular airframe/engine combination.
                                       (19) Approval to conduct the training course and examination to be completed by applicants for a cabin crew attestation as specified in Annex V (Part-CC) to Regulation (EU) No 1178/2011.
                                       (20) Approval to issue cabin crew attestations as specified in Annex V (Part-CC) to Regulation (EU) No 1178/2011.
                                       (21) Insertion of the list of type B EFB applications together with the reference of the EFB hardware (for portable EFBs). Either this list is contained in the operations specifications or in the operations manual. In the latter case, the related operations specifications must make a reference to the related page in the operations manual.
                                       (22) The name of the person/organisation responsible for ensuring that the continuing airworthiness of the aircraft is maintained and a reference to the regulation that requires the work, i.e. Subpart G of Annex I (Part-M) to Regulation (EU) No 1321/2014.
                                       (23) Other approvals or data may be entered here, using one line (or one multi-line block) per authorisation (e.g. short landing operations, steep approach operations, helicopter operations to/from a public interest site, helicopter operations over a hostile environment located outside a congested area, helicopter operations without a safe forced landing capability, operations with increased bank angles, maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS approval, aircraft used for non-commercial operations).
                                       EASA Form 139 Issue 4
                                    ’;

                        (3)

                        Annex III is amended as follows:

                                    (a)

                                    in point ORO.GEN.110, point (k) is replaced by the following:

                                                ‘(k)

                                                Notwithstanding point (j), operators conducting commercial operations with either of the following aircraft shall ensure that the flight crew has received an appropriate dangerous goods training or briefing, to enable them to recognise undeclared dangerous goods brought on board by passengers or as cargo:

                                                            (1)

                                                            a single-engined propeller-driven aeroplane having an MCTOM of 5 700 kg or less and an MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day;

                                                            (2)

                                                            an other-than-complex motor-powered helicopter, single-engined, with an MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day.’;

                                    (b)

                                    in point ORO.MLR.101, the introductory wording is replaced by the following:
                                    ‘Except for operations with single-engined propeller-driven aeroplanes with an MOPSC of 5 or less or single-engined non-complex helicopters with an MOPSC of 5 or less, taking off and landing at the same aerodrome or operating site, under VFR by day, the main structure of the OM shall be as follows:’;

                                    (c)

                                    in point ORO.FC.005, point (b) is replaced by the following:

                                                ‘(b)

                                                SECTION 2 specifying additional requirements applicable to commercial air transport operations, with the exception of commercial air transport operations of passengers conducted under VFR by day, starting and ending at the same aerodrome or operating site and within a local area specified by the competent authority, with:

                                                            (1)

                                                            single-engined propeller-driven aeroplanes having an MCTOM of 5 700 kg or less and an MOPSC of 5 or less; or

                                                            (2)

                                                            other-than-complex motor-powered helicopters, single-engined, with an MOPSC of 5 or less.’;

                                    (d)

                                    in point ORO.FTL.105, point (13) is replaced by the following:

                                                ‘(13)

                                                “flight time” means, for aeroplanes, the time between an aircraft first moving from its parking place for the purpose of taking off until it comes to rest on the designated parking position and all engines or propellers are shut down.’;

                        (4)

                        Annex IV is amended as follows:

                                    (a)

                                    point CAT.GEN.105 is deleted;

                                    (b)

                                    the following point CAT.GEN.MPA.141 is inserted:
                                    ‘CAT.GEN.MPA.141 Use of electronic flight bags (EFBs)

                                                (a)

                                                Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft.

                                                (b)

                                                The operator shall not use a type B EFB application unless it is approved in accordance with Subpart M of Annex V (Part-SPA).’;

                                    (c)

                                    in Subpart A, Section 2 is deleted;

                                    (d)

                                    in Subpart B, Section 2 is deleted;

                                    (e)

                                    in point CAT.POL.MAB.105, point (b) is replaced by the following:

                                                ‘(b)

                                                Where mass and balance data and documentation is generated by a computerised mass and balance system, the operator shall:

                                                            (1)

                                                            verify the integrity of the output data to ensure that the data are within AFM limitations; and

                                                            (2)

                                                            specify the instructions and procedures for its use in its operations manual.’;

                                    (f)

                                    in point CAT.POL.MAB.105, point (e) is deleted;

                                    (g)

                                    in Subpart C, Section 4 is deleted;

                                    (h)

                                    in Subpart D, Section 3 is deleted;

                        (5)

                        in Annex V, the following Subpart M is inserted:
                        ‘SUBPART M

                              ELECTRONIC FLIGHT BAGS (EFBs)

                           SPA.EFB.100 Use of electronic flight bags (EFBs) — operational approval

                                    (a)

                                    A commercial air transport operator shall only use a type B EFB application if the operator has been granted an approval by the competent authority for such use.

                                    (b)

                                    In order to obtain an operational approval from the competent authority for the use of a type B EFB application, the operator shall provide evidence that:

                                                (1)

                                                a risk assessment related to the use of the EFB device that hosts the application and to the EFB application and its associated function(s) has been conducted, identifying the associated risks and ensuring that they are appropriately managed and mitigated;

                                                (2)

                                                the human–machine interfaces of the EFB device and the EFB application have been assessed against human factors principles;

                                                (3)

                                                it has established an EFB administration system and that procedures and training requirements for the administration and use of the EFB device and the EFB application have been established and implemented; these shall include procedures for:

                                                            (i)

                                                            operating the EFB;

                                                            (ii)

                                                            the management of changes to the EFB;

                                                            (iii)

                                                            the management of EFB data;

                                                            (iv)

                                                            EFB maintenance; and

                                                            (v)

                                                            EFB security;

                                                (4)

                                                the EFB host platform is suitable for the intended use of the EFB application.

                                          This demonstration shall be specific to the EFB application and the EFB host platform on which the application is installed.’;

                        (6)

                        Annex VI is amended as follows:

                                    (a)

                                    the following point NCC.GEN.131 is inserted:
                                    ‘NCC.GEN.131 Use of electronic flight bags (EFBs)

                                                (a)

                                                Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft.

                                                (b)

                                                Prior to using a type B EFB application, the operator shall:

                                                            (1)

                                                            conduct a risk assessment related to the use of the EFB device that hosts the application and to the EFB application concerned and its associated function(s), identifying the associated risks and ensuring that they are appropriately managed and mitigated; the risk assessment shall address the risks associated with the human–machine interface of the EFB device and the EFB application concerned; and

                                                            (2)

                                                            establish an EFB administration system, including procedures and training requirements for the administration and use of the device and the EFB application.’;

                                    (b)

                                    in point NCC.OP.200, point (b) is replaced by the following:

                                                ‘(b)

                                                Notwithstanding point (a), when training flights are conducted by a training organisation referred to in Article 10a of Commission Regulation (EU) No 1178/2011, such situations may be simulated with student pilots on board.’;

                        (7)

                        Annex VII is amended as follows:

                                    (a)

                                    point NCO.GEN.102 is deleted;

                                    (b)

                                    in point NCO.GEN.103, point (a) is replaced by the following:

                                                ‘(a)

                                                start and end at the same aerodrome or operating site;’;

                                    (c)

                                    in point NCO.GEN.105, point (a)(4)(iii) is replaced by the following:

                                                ‘(iii)

                                                instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, if applicable, as provided for in points NCO.IDE.A.105 or NCO.IDE.H.105;’;

                                    (d)

                                    point NCO.GEN.125 is replaced by the following:
                                    ‘NCO.GEN.125 Portable electronic devices

                                    The pilot-in-command shall not permit any person to use a portable electronic device (PED) on board an aircraft, including an electronic flight bag (EFB), that could adversely affect the performance of the aircraft systems and equipment or the ability of the flight crew member to operate the aircraft.’;

                                    (e)

                                    in point NCO.GEN.135, point (c) is deleted;

                                    (f)

                                    in point NCO.OP.120, the title is replaced by the following:
                                    ‘NCO.OP.120 Noise abatement procedures — aeroplanes and helicopters’;

                                    (g)

                                    point NCO.OP.156 is deleted;

                                    (h)

                                    in point NCO.OP.180, point (b) is replaced by the following:

                                                ‘(b)

                                                Notwithstanding (a), when training flights are conducted by a training organisation referred to in Article 10a of Commission Regulation (EU) No 1178/2011, such situations may be simulated with student pilots on board.’;

                                    (i)

                                    in point NCO.POL.105, point (b) is replaced by the following:

                                                ‘(b)

                                                The weighing shall be accomplished by the manufacturer of the aircraft or by an approved maintenance organisation.’;

                                    (j)

                                    in point NCO.IDE.A.160, point (a) is replaced by the following:

                                                ‘(a)

                                                Aeroplanes, except ELA1 aeroplanes, shall be equipped with at least one hand fire extinguisher:

                                                            (1)

                                                            in the flight crew compartment; and

                                                            (2)

                                                            in each passenger compartment that is separate from the flight crew compartment, except if the compartment is readily accessible to the flight crew.’;

                                    (k)

                                    in Subpart D, Section 3 is deleted;

                        (8)

                        Annex VIII is amended as follows:

                                    (a)

                                    in point SPO.GEN.005, point (c)(2) is replaced by the following:

                                                ‘(2)

                                                parachute dropping, sailplane towing with an aeroplane or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and being referred to in Article 10a of Regulation (EU) No 1178/2011, or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation.’;

                                    (b)

                                    point SPO.GEN.102 is deleted;

                                    (c)

                                    in point SPO.GEN.107, point (a)(4)(iii) is replaced by the following:

                                                ‘(iii)

                                                instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, if applicable, as required in points SPO.IDE.A.105 or SPO.IDE.H.105;’;

                                    (d)

                                    the following point SPO.GEN.131 is inserted:
                                    ‘SPO.GEN.131 Use of electronic flight bags (EFBs)

                                                (a)

                                                Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft.

                                                (b)

                                                Prior to using a type B EFB application, the operator shall:

                                                            (1)

                                                            conduct a risk assessment related to the use of the EFB device that hosts the application, to the EFB application concerned and its associated function(s), identifying the associated risks and ensuring that they are appropriately mitigated; the risk assessment shall address the risks associated with the human–machine interface of the EFB device and the EFB application concerned; and

                                                            (2)

                                                            establish an EFB administration system, including procedures and training requirements for the administration and use of the EFB device and the EFB application.’;

                                    (e)

                                    in point SPO.GEN.140, point (c) is deleted;

                                    (f)

                                    in point SPO.POL.105, point (b) is replaced by the following:

                                                ‘(b)

                                                The weighing shall be accomplished by the manufacturer of the aircraft or by an approved maintenance organisation.’;

                                    (g)

                                    in point SPO.IDE.A.180, point (a) is replaced by the following:

                                                ‘(a)

                                                Aeroplanes, except ELA1 aeroplanes, shall be equipped with at least one hand fire extinguisher:

                                                            (1)

                                                            in the flight crew compartment; and

                                                            (2)

                                                            in each cabin compartment that is separate from the flight crew compartment, except if the compartment is readily accessible to the flight crew.’;

                                    (h)

                                    in Subpart D, Section 3 is deleted.

               (*1)  Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10).

               (*2)  Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 64).’;”


title: Council Implementing Regulation (EU) 2019/85 of 21 January 2019 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

text:
                  21.1.2019

                  EN

                  Official Journal of the European Union

                  LI 18/4

         COUNCIL IMPLEMENTING REGULATION (EU) 2019/85
         of 21 January 2019
         implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32(1) thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 18 January 2012, the Council adopted Regulation (EU) No 36/2012.

                     (2)

                     In view of the fact that prominent businessmen are making large profits through their ties with the regime and are helping to finance the regime in return, including through the joint-ventures formed by certain prominent businessmen and entities with State-backed companies to develop expropriated land, those businessmen and entities are supporting and benefiting from the Assad regime including through the use of expropriated property.

                     (3)

                     Furthermore, the expropriation of land by the Assad regime from persons displaced by the conflict in Syria prevents those persons from being able to return to their homes.

                     (4)

                     Eleven natural persons and five entities should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex II to Regulation (EU) No 36/2012.

                     (5)

                     Annex II to Regulation (EU) No 36/2012 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex II to Regulation (EU) No 36/2012 is amended as set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the date 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, 21 January 2019.

                  For the Council

                  The President

               F. MOGHERINI

            (1)  OJ L 16, 19.1.2012, p. 1.

            ANNEX

               1.
               The following persons are added to the list set out in section A (Persons) of Annex II to Regulation (EU) No 36/2012:

                           Name

                           Identifying information

                           Reasons

                           Date of listing

                           ‘264.

                           Anas Talas
                           (a.k.a. ; Anas Talous/Tals/Tuls/Tlass)

                           Gender: male
                           Position: Chairman of the Talas Group
                           Date of birth: 25 March 1971
                           Nationality: Syrian

                           Leading businessperson operating in Syria, with interests and activities in multiple sectors of Syria's economy. Through his business activities and investments, Anas Talas also benefits from and/or supports the Syrian regime. In 2018 the Talas Group, chaired by Anas Talas, entered into a SYP 23 billion joint venture with Damascus Cham Holding for the construction of Marota City, a regime-backed luxury residential and commercial development.

                           21.1.2019

                           265.

                           Nazir Ahmad JamalEddine
                           (a.k.a. ; Nazir Ahmad, Mohammed JamalEddine)

                           Gender: male
                           Position: Cofounder and majority shareholder of Apex Development and Projects LLC and founder of A'ayan Company for Projects and Equipment
                           Date of birth: 1962
                           Nationality: Syrian

                           Leading businessperson operating in Syria with significant investments in the construction industry, including a controlling 90 % stake in Apex Development and Projects LLC, which has entered into a USD 34,8 million joint venture for the construction of Marota City, a regime-backed luxury residential and commercial development. Through his participation in the Marota City development, Nazir Ahmad JamalEddine benefits from and/or supports the Syrian regime.

                           21.1.2019

                           266.

                           Mazin Al-Tarazi
                           (a.k.a. ; Mazen al-Tarazi)

                           Gender: male
                           Position: Businessperson
                           Date of birth: September 1962
                           Nationality: Syrian

                           Leading businessperson operating in Syria, with significant investments in the construction and aviation sectors. Through his investments and activities, Mazin Al-Tarazi benefits from and/or supports the Syrian regime. In particular, Al-Tarazi has concluded a deal with Damascus Cham Holdings for a USD 320 million investment in the construction of Marota City, a regime-backed luxury residential and commercial development; he has also been granted a licence for a private airline in Syria.

                           21.1.2019

                           267.

                           Samer Foz
                           (a.k.a. Samir () Foz ()/Fawz; Samer Zuhair Foz)

                           Gender: male
                           Position: CEO of Aman Group
                           Date of birth: May 1973
                           Place of birth: Latakia, Syria
                           Nationalities: Syrian, Turkish
                           Other information:
                           Executive President of Aman Group. Subsidiaries: Foz for Trading, Al-Mohaimen for Transportation & Contracting. Aman Group is the private sector partner in Joint Venture Aman Damascus JSC with Damascus Cham Holding, in which Foz is an individual shareholder. Emmar Industries is a joint venture between Aman Group and the Hamisho Group, in which Foz has the majority stake and is the Chairman.

                           Leading businessperson operating in Syria, with interests and activities in multiple sectors of Syria's economy, including a regime-backed joint venture involved in the development of Marota City, a luxury residential and commercial development. Samer Foz provides financial and other support to the regime, including funding the Military Security Shield Forces in Syria and brokering grain deals. He also benefits financially from access to commercial opportunities through the wheat trade and reconstruction projects as a result of his links to the regime.

                           21.1.2019

                           268.

                           Khaldoun Al-Zoubi
                           (a.k.a. Khaldoon al-Zu'bi; Khaldoun Zubi)

                           Gender: male
                           Position: Vice-president of Aman Holding (a.k.a. Aman Group)
                           Date of birth: 1979
                           Nationality: Syrian

                           Leading businessperson operating in Syria, with interests and activities in multiple sectors of Syria's economy; including his roles as Vice President of Aman Holding and majority shareholder of Fly Aman airline. In this capacity, he is linked to Samer Foz. Aman Holding is represented on the board of, and holds a majority stake in, ‘Aman Damascus’, a joint venture in the construction of Marota City, a regime-backed luxury residential and commercial development. Al-Zoubi benefits from and/or supports the regime through his position as Vice President of Aman Holding.

                           21.1.2019

                           269.

                           Hussam Al-Qatirji
                           (a.k.a. Hussam/Hossam Ahmed/Mohammed/Muhammad al-Katerji )

                           Gender: male
                           Position: CEO of Katerji Group (a.k.a. al-Qatirji Company/Qatirji Company/Khatirji Group/Katerji International Group)
                           Date of birth: 1982
                           Place of birth: Raqqa, Syria
                           Nationality: Syrian

                           Leading businessperson operating in Syria, who is also a Member of Parliament for Aleppo. Al-Qatirji supports and benefits from the regime through enabling, and profiting from, trade deals with the regime in relation to oil and wheat.

                           21.1.2019

                           270.

                           Bashar Mohammad Assi

                           Gender: male
                           Position: Chairman of the Board of Directors of ‘Aman Damascus’. Founding partner of Fly Aman Limited Liability airline.
                           Date of birth: 1977
                           Nationality: Syrian

                           Leading businessperson operating in Syria, with interests and activities in multiple sectors of Syria's economy, including his roles as founding partner of Fly Aman airline and Chairman of the Board of Directors of ‘Aman Damascus’; a joint venture involved in the development of Marota City, a regime-backed luxury residential and commercial development. Assi benefits from and/or supports the regime through his position as Chairman of the Board of Directors of ‘Aman Damascus’.

                           21.1.2019

                           271.

                           Khaled al-Zubaidi
                           (a.k.a. (Mohammed) Khaled/Khalid (Bassam) (al-) Zubaidi/Zubedi )

                           Gender: male
                           Position: Co-owner of Zubaidi and Qalei LLC, Director of Agar Investment Company, General Manager of Al Zubaidi company and Al Zubaidi & Al Taweet Contracting Company, Director and Owner of Zubaidi Development Company, and co-owner of Enjaz Investment Company.
                           Nationality: Syrian

                           Leading businessperson operating in Syria, with significant investments in the construction industry, including a 50 % stake in Zubaidi and Qalei LLC, which is constructing the luxury tourist city Grand Town and to which the regime has granted a 45-year agreement in return for 19-21 % of its revenue. In this capacity he is linked to Nader Qalei. Khaled al-Zubaidi benefits from and/or supports the regime through his business activities, in particular through this stake in the Grand Town development.

                           21.1.2019

                           272.

                           Hayan Mohammad Nazem Qaddour
                           (a.k.a. Hayyan Kaddour bin Mohammed Nazem)

                           Gender: male
                           Name: Hayan Mohammed Nazem Qaddour
                           Position: Primary Shareholder of Exceed Development and Investment Company
                           Date of birth: 1970
                           Nationality: Syrian

                           Leading businessperson operating in Syria, who holds a 67 % stake in Exceed Development and Investment, which has entered into a USD 17,7 million joint venture for the construction of Marota City, a regime-backed luxury residential and commercial development. Through his participation in the Marota City development, Hayan Mohammad Nazem Qaddour benefits from and/or supports the Syrian regime.

                           21.1.2019

                           273.

                           Maen Rizk Allah Haykal
                           (a.k.a. Heikal Bin Rizkallah)

                           Gender: male
                           Position: Secondary Shareholder of Exceed Development and Investment Company
                           Nationality: Syrian

                           Leading businessperson operating in Syria, who holds a 33 % stake in Exceed Development and Investment, which has entered into a USD 17,7 million joint venture for the construction of Marota City, a regime-backed luxury residential and commercial development. Through the participation in the Marota City development, Maen Rizk Allah Haykal benefits from and/or supports the Syrian regime.

                           21.1.2019

                           274.

                           Nader Qalei
                           (a.k.a. Kalai, Kalei)

                           Gender: male
                           Name: Nader Kalai
                           Date of birth: 9.7.1965
                           Place of birth: Damascus
                           Nationality: Syrian
                           Passport number (including country that issued and date and place of issue): Syrian Arab Republic, N 010170320, issue number: 002-15-L062672, date of issue: 24.5.2015, date of expiry: 23.5.2021;
                           ID number: Syrian Arab Republic, 010-40036453.
                           Position: Majority shareholder of Castle Investment Holding, Co-owner of Zubaidi and Qalei LLC, Chairman of Kalai Industries Management
                           Relatives/business associates or partners/links to listed individuals: Khaled al-Zubaidi
                           Address:
                           Young Avenue, Halifax, Canada

                           Leading businessperson operating in Syria, with significant investments in the construction industry, including a 50 % stake in Zubaidi and Qalei LLC, which is constructing the luxury tourist city Grand Town and to which the regime has granted a 45-year agreement in return for 19-21 % of its revenue. In this capacity, he is linked to Khaled al-Zubaidi. Nader Qalei benefits from and/or supports the regime through his business activities, in particular through this stake in the Grand Town development.

                           21.1.2019’

               2.
               The following entities are added to the list set out in section B (Entities) of Annex II to Regulation (EU) No 36/2012:

                           Name

                           Identifying information

                           Reasons

                           Date of listing

                           ‘72.

                           Rawafed Damascus Private Joint Stock Company
                           (a.k.a. Rawafed/Rawafid/Rawafed (Tributary)  Damascus Private Joint Stock Company)

                           Address: Damascus, Syria

                           Rawafed Damascus Private Joint Stock Company is a USD 48,3 million joint venture between Damascus Cham Holdings, Ramak Development and Humanitarian Projects, Al-Ammar LLC, Timeet Trading LLC (also referred to as Ultimate Trading Co. Ltd.), and Wings Private JSC. Rawafed supports and/or benefits from the Syrian regime, including through its participation in the regime-backed luxury development Marota City.

                           21.1.2019

                           73.

                           Aman Damascus Joint Stock Company
                           (a.k.a. Aman Damascus JSC)

                           Address: Damascus, Syria

                           Aman Damascus Joint Stock Company is a USD 18,9 million joint venture between Damascus Cham Holdings and Aman Group. Through its participation in the regime-backed luxury development Marota City, Aman Damascus supports and/or benefits from the Syrian regime.

                           21.1.2019

                           74.

                           Bunyan Damascus Private Joint Stock Company
                           (a.k.a. Bunyan Damascus Private JSC)

                           Address: Damascus, Syria

                           Bunyan Damascus Private Joint Stock Company is a USD 34,8 million joint venture between Damascus Cham Holdings and Apex Development and Projects LLC and Tamayoz LLC. Through its participation in the regime-backed luxury development Marota City, Bunyan Damascus Private Joint Stock Company supports and/or benefits from the Syrian regime.

                           21.1.2019

                           75.

                           Mirza

                           Address: Damascus, Syria

                           Mirza is a USD 52,7 million joint venture between Damascus Cham Holding and Talas Group. Through its participation in the regime-backed luxury development Marota City, Mirza supports and/or benefits from the Syrian regime.

                           21.1.2019

                           76.

                           Developers Private Joint Stock Company
                           (a.k.a. Developers Private JSC)

                           Address: Damascus, Syria

                           Developers Private Joint Stock Company is a USD 17,7 million joint venture between Damascus Cham Holdings and Exceed Development and Investment. Through its participation in the regime-backed luxury development Marota City, Developers Private Joint Stock Company supports and/or benefits from the Syrian regime.

                           21.1.2019’


title: Commission Implementing Regulation (EU) 2019/99 of 22 January 2019 terminating the absorption reinvestigation concerning imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India without amending the measures in force

text:
                  23.1.2019

                  EN

                  Official Journal of the European Union

                  L 20/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/99
         of 22 January 2019
         terminating the absorption reinvestigation concerning imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India without amending the measures in force
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Articles 9(2) and 12 thereof,
         Whereas:
         1.   PROCEDURE

         1.1.   Measures in force

                     (1)

                     The measures currently in force are a definitive anti-dumping duty imposed by Commission Implementing Regulation (EU) 2016/388 (2) imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India, as amended by Implementing Regulation (EU) 2016/1369 (3).

                     (2)

                     The product concerned is also subject to a definitive countervailing duty imposed by Commission Implementing Regulation (EU) 2016/387 (4). However, the countervailing duty is not subject to this reinvestigation.

               1.2.   Request for an absorption reinvestigation

                     (3)

                     The Commission received a request for an absorption reinvestigation of the anti-dumping measures in force pursuant to Article 12 of the basic Regulation.

                     (4)

                     The request was lodged on 16 March 2018 by Saint-Gobain PAM, Saint-Gobain PAM Deutschland GmbH, Saint-Gobain PAM España S.A. and Duktus (Production) GmbH (‘the Applicant’), four Union producers representing more than 90 % of the total Union production of tubes and pipes of ductile cast iron.

                     (5)

                     The Applicant had submitted sufficient evidence justifying a reopening of the anti-dumping investigation. The Applicant claimed that resale prices to non-related customers in the Union had decreased after the original investigation period and following the imposition of the anti-dumping duty and that this has impeded the intended remedial effects of the measures in force. The evidence contained in the request indicated that the decrease in resale prices could not be explained by other factors such as changes in raw material prices.

               1.3.   Reopening of the anti-dumping investigation

                     (6)

                     On 30 April 2018, the Commission announced the reopening of the anti-dumping investigation by a notice published in the Official Journal of the European Union (‘the Notice of Reopening’) (5).

                     (7)

                     The reinvestigation concerned the current anti-dumping duty of 14,1 % imposed on Jindal Saw Limited (‘Jindal’), and its related companies, and on ‘All other companies’ as set out in Article 1 of Implementing Regulation (EU) 2016/388.

               1.4.   Interested parties

                     (8)

                     In the Notice of Reopening, the Commission invited interested parties to contact it in order to participate in the reinvestigation. In addition, the Commission specifically informed the Applicant, exporting producers and importers known to be concerned and the authorities of the country concerned about the absorption reinvestigation and invited them to participate.

                     (9)

                     Interested parties were given the opportunity to make their views known in writing and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings. Jindal requested and was granted a hearing with the Commission.

               1.5.   Reinvestigating exporting producers

                     (10)

                     The Commission sent a questionnaire to Jindal and its related companies and invited other exporting producers to make themselves known within 15 days from the publication of the Notice of Reopening.

                     (11)

                     One Indian exporting producer, Electrosteel Castings Limited, came forward within the deadline but was not concerned by the reinvestigation, as it is not subject to a definitive anti-dumping duty based on Article 1 of Implementing Regulation (EU) 2016/388.

                     (12)

                     Two other Indian exporting producers, Electrotherm (India) Ltd and Tata Metaliks Limited, came forward after the deadline. These companies are subject to the rate applicable to ‘All other companies’ in Article 1 of Implementing Regulation (EU) 2016/388, which was set at the level of the individual anti-dumping duty for Jindal of 14,1 % in the original investigation. Both companies had negligible Union sales in the absorption reinvestigation period. In view of the fact that these companies came forward too late, the Commission did not send them a questionnaire.

               1.6.   Sampling of unrelated importers

                     (13)

                     To decide whether sampling was necessary and, if so, to select a sample, the Commission asked unrelated importers to provide the information specified in the Notice of Reopening. None came forward.

               1.7.   Replies to the questionnaire

                     (14)

                     The Commission sent a questionnaire to Jindal to which it replied.

               1.8.   Verification visits

                     (15)

                     The Commission sought and verified all the information deemed necessary for the purpose of this reinvestigation. A verification visit pursuant to Article 16 of the basic Regulation was carried out at the premises of the following company: Jindal Saw Italia SpA, Trieste, Italy (‘Jindal Italy’). Jindal Italy is the only related company of Jindal in the Union (see section 3.1).

               1.9.   Disclosure

                     (16)

                     On 24 October 2018, the Commission sent all interested parties a disclosure document which contained the essential facts and considerations on the basis of which the Commission proposed to terminate the reinvestigation. Interested parties were informed of the deadline within which they could comment on the disclosure. Two entities, the Applicant and Jindal, reacted to the disclosure. The Applicant requested and was granted a hearing with the Commission. The comments submitted by interested parties were considered and taken into account where warranted.

               1.10.   Periods covered by the absorption reinvestigation

                     (17)

                     The absorption reinvestigation period (‘RIP’) was 1 April 2017 to 31 March 2018. The period concerned was 1 April 2016 to 31 March 2018. The original investigation period (‘OIP’) was 1 October 2013 to 30 September 2014.

               2.   PRODUCT CONCERNED

                     (18)

                     The product concerned is defined as tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), with the exclusion of tubes and pipes of ductile cast iron without internal and external coating (‘bare pipes’), currently falling within CN codes ex 7303 00 10 and ex 7303 00 90 (TARIC codes 7303001010, 7303009010), originating in India (‘the product concerned’).

               3.   FINDINGS

                     (19)

                     An absorption reinvestigation pursuant to Article 12 of the basic Regulation aims at establishing whether or not export prices have decreased or whether there has been no movement, or insufficient movement, in resale prices or subsequent selling prices in the Union of the product concerned since the imposition of the original measures. As a second step, if it is concluded that the measure should have led to movements in such prices, then, in order to remove the injury previously established in accordance with Article 3 of the basic Regulation, export prices shall be reassessed in accordance with Article 2 of the basic Regulation and dumping margins shall be recalculated to take account of the reassessed export prices.

               3.1.   Changes to Jindal's business model and Union sales

                     (20)

                     Following the imposition of the measures, sales of Jindal to the Union have dropped by around 90 % by comparison with the OIP. Jindal's Union sales, at [less than 2 000 metric tonnes], now account for [less than 0,5 %] of Union consumption.

                     (21)

                     Furthermore, changes took place in Jindal's sales structure since the OIP. In the OIP Jindal had three related sales companies in the UK, Spain and Italy respectively, while in the RIP only the Italian related company remains. Jindal Italy accounts for the large majority of Jindal's sales to the Union, with only limited direct exports.

                     (22)

                     Furthermore, in the RIP Jindal sold to significantly fewer clients ([less than half by comparison with the OIP]) in fewer Member States ([less than half by comparison with the OIP]) than in the original investigation. Jindal also sold a much lower number of product types (PCNs): [less than half by comparison with the OIP].

               3.2.   Analysis of price developments

                     (23)

                     When establishing whether there was a decrease in export prices the Commission normally establishes for each examined exporting producer its export prices during the RIP and compares these prices to the corresponding export prices determined in the OIP. However, given very low volumes of direct export sales as described in recital (21), the direct export price from Jindal to the Union to independent customers could not be meaningfully compared. As the analysis of prices should be based on the price to the first independent customer, and given that Jindal's related companies in Spain and the UK no longer exist, the Commission based its analysis only on the resale price of Jindal Italy to the first unrelated customer.

                     (24)

                     In view of the very limited volumes considered and of the changes in product types highlighted in section 3.1, any comparison on a PCN to PCN basis was unrepresentative and could thus not lead to a meaningful analysis.

                     (25)

                     For an indicative analysis, the Commission conducted a comparison on an overall weighted average price per kilogram for all product types for sales made by Jindal Italy to the first unrelated customer. It found that Jindal's resale price on average increased by [more than 10 %] between the RIP and the OIP, thus reflecting [more than 80 %] of the 14,1 % anti-dumping duty.

                     (26)

                     In addition, part of Jindal's sales in the RIP took place based on prices fixed in tenders before the imposition of the measures. It cannot be expected that the sales price for such sales would have changed, and therefore a price comparison is of limited relevance.

                     (27)

                     Following disclosure, the Applicant submitted various claims. First, the Applicant argued that the Commission should take into account three external factors: the countervailing duty of 8,7 %, the conventional customs duty of 3,2 %, and the exchange rate between INR and EUR.

                     (28)

                     As for the countervailing duty, the Applicant submitted that the increase in the resale price must be attributed first to the countervailing duty up to the level of 8,7 %. The Commission noted that the reinvestigation is limited to alleged absorption of the anti-dumping duty. In any event, the findings in this investigation show that Jindal Italy increased its prices beyond the level of the countervailing duty imposed in 2016. Consequently, this claim was rejected.

                     (29)

                     As for the conventional customs duty, the Applicant noted the fact that the conventional customs duty for the product concerned had changed between the OIP and the RIP from 0 % to 3,2 %. Indeed, the products corresponding to Generalised Scheme of Preferences category S-15a, which include products covered in chapter 73 including the product concerned, are currently subject to a 3,2 % conventional customs duty. The Applicant argued that this change should be taken into account in the assessment of the increase of the resale price. The Commission confirmed that the duty had already been taken into account in the analysis disclosed to interested parties. The Commission, however, noted that had the increase in the conventional customs duty not been accounted for, the price increase found would have been higher. As either approach would not change the findings on the sufficient price increase, the Commission, left open the question whether the increase in the conventional customs duty should be considered for the price comparison in this case or not.

                     (30)

                     As for the exchange rate, the Applicant argued that the change in the exchange rate between EUR and INR should be taken into account. It argued that, as the INR value against the EUR increased, price competitiveness of Indian exports decreased. The Commission considered that changes in currency exchange rates may be a factor to consider in situations where the invoicing is made in a foreign currency. However, in this case the comparison was made based on the resale price which was invoiced in EUR during both the OIP and the RIP so that the same currency was used to estimate the amount of price increase. Therefore, any adjustments due to changes in the exchange rate between INR and EUR were not warranted and the request was rejected.

                     (31)

                     Second, the Applicant also argued that tender sales are not unrepresentative and should be included. The Commission clarified that these sales were not excluded in the price comparison (see recital (26) above).

                     (32)

                     Third, the Applicant argued that, to be considered significant, the movement in resale price should have been at least equivalent to the level of the duty imposed. The Commission noted that the assessment is case-specific and that the legal threshold for finding absorption is not whether the price movement is significant but rather whether there has been no or insufficient movement of the resale price thereby nullifying the effect of the anti-dumping duty. In this case the Commission found that a price increase of more than 10 % could not be considered insufficient.

                     (33)

                     Fourth, the Applicant asked the Commission to investigate the products imported by Jindal Italy from Jindal's plant in the United Arab Emirates or any other source to confirm that those imports were not originating in India or had otherwise been misclassified. The Commission noted that this claim rather refers to an allegation of circumvention, which is not the subject matter of an absorption reinvestigation.

                     (34)

                     Fifth, the Applicant submitted that the Commission should have compared not only the resale price of Jindal Italy in the RIP with that of Jindal Italy in the OIP, but also with the resale price of Jindal's former subsidiaries in Spain and the UK in the OIP. The Applicant argued that this approach would be warranted since the anti-dumping duty relates to all sales of Jindal.

                     (35)

                     The Commission considered that such a comparison would not be appropriate and would not render meaningful results given notably the different product mix, delivery terms and invoice currencies. It thus maintained that a price comparison on Jindal Italy sales only was the adequate benchmark. Nonetheless, for the sake of completeness, the Commission made a simulation in which it compared Jindal Italy's resale price in the RIP with the resale price of all Jindal subsidiaries in the OIP. That simulation showed that the resale price on average would have further increased (by [more than 13 %]) between the RIP and the OIP. Therefore, such an analysis, despite its limited relevance, would have reinforced the conclusion of the Commission in this reinvestigation.

                     (36)

                     Finally, the Applicant asked about the direct sales to the Union of Jindal. The Commission noted that the volumes could not be considered significant ([less than 300 tonnes]) and were mainly sold on different delivery terms than in the original investigation. Therefore, a meaningful comparison could not be carried out. Consequently, those sales were excluded from the price comparison.

               3.3.   Conclusion

                     (37)

                     In view of the limited volumes and lack of comparability, the Commission could not conduct a conclusive and detailed price analysis for Jindal. Nonetheless, as mentioned in recital (25), the Commission found that, overall, Jindal Italy's resale price increased in comparison with the OIP, and, therefore, the measures led to a positive movement in prices in similar measure to the duty concerned. In addition, given the significant decrease in volumes, the Commission found that the effect of the measures was not undermined.

                     (38)

                     In the absence of cooperation and in view of the negligible volumes ([less than 0,1 %] of Union consumption) sold by other Indian exporting producers subject to this reinvestigation, the Commission considered that the above findings also apply to ‘All other companies’. In this respect the Commission observed that the available statistical data for ‘All other companies’ could not be considered meaningful in view of the low volumes and the absence of information on sales channels by other Indian exporting producers subject to this reinvestigation. Nonetheless, as an indication the Commission noted that the price data of the negligible sales volume, collected pursuant to the import statistics database set out in Article 14(6) of the basic Regulation, showed an average price for ‘All other companies’ that was similar to the average price of Jindal.

                     (39)

                     Therefore, the Commission considered that the measures have had an effect in relation to Jindal and ‘All other companies’ referred to in Article 1 of Implementing Regulation (EU) 2016/388.

                     (40)

                     In view of these findings, the Commission did not consider it necessary to proceed with a recalculation of the duty.

               4.   DISCLOSURE AND CONCLUSION

                     (41)

                     As set out in section 1.9 above, the Commission informed all interested parties of the essential facts and considerations on the basis of which it intended to terminate the absorption reinvestigation. Comments were analysed and taken into consideration where warranted.

                     (42)

                     For the reasons stated above, the Commission concluded that the absorption reinvestigation should be terminated without amending the measures in force.

                     (43)

                     This Regulation is in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036.

               HAS ADOPTED THIS REGULATION:

            Article 1
            The absorption reinvestigation concerning imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India pursuant to Article 12 of Regulation (EU) 2016/1036 is hereby terminated without amending the anti-dumping measures in force.

            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 all Member States.
            Done at Brussels, 22 January 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 176, 30.6.2016, p. 21.

            (2)  Commission Implementing Regulation (EU) 2016/388 of 17 March 2016 imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India (OJ L 73, 18.3.2016, p. 53).

            (3)  Commission Implementing Regulation (EU) 2016/1369 of 11 August 2016 amending Implementing Regulation (EU) 2016/388 imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India (OJ L 217, 12.8.2016, p. 4).

            (4)  Commission Regulation (EU) 2016/387 of 17 March 2016 imposing a definitive countervailing duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India (OJ L 73, 18.3.2016, p. 1).

            (5)  OJ C 151, 30.4.2018, p. 57.