title: Commission Implementing Regulation (EU) 2017/2215 of 30 November 2017 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are banned from operating or are subject to operational restrictions within the Union (Text with EEA relevance. )

text:
               2.12.2017

               EN

               Official Journal of the European Union

               L 318/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2215
   of 30 November 2017
   amending Regulation (EC) No 474/2006 as regards the list of air carriers which are banned from operating or are subject to operational restrictions within the Union
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air passengers of the identity of the operating carrier, and repealing Article 9 of Directive 2004/36/EC (1), and in particular Article 4(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 474/2006 (2) established the list of air carriers which are subject to an operating ban within the Union, referred to in Chapter II of Regulation (EC) No 2111/2005.

               (2)

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

               (3)

               The Commission informed all air carriers concerned, either directly or through the authorities responsible for their regulatory oversight, about the essential facts and considerations which would form the basis for a decision to impose an operating ban on them within the Union or to modify the conditions of an operating ban imposed on an air carrier which is included in the list.

               (4)

               The Commission gave the air carriers concerned the opportunity to consult the documents provided by the Member States, to submit written comments and to make an oral presentation to the Commission and to the Committee established by Council Regulation (EEC) No 3922/91 (3) (the ‘Air Safety Committee’).

               (5)

               The Commission has updated the Air Safety Committee on the on-going joint consultations, in the framework of Regulation (EC) No 2111/2005 and Commission Regulation (EC) No 473/2006 (4), with the competent authorities and air carriers of Equatorial Guinea, Nepal, Nigeria, Saint Vincent and the Grenadines, Thailand,Ukraine and Venezuela. The Commission also provided information to the Air Safety Committee on the aviation safety situation in Afghanistan, Bolivia, India, Indonesia, Iraq, Kazakhstan, Libya, Moldova, Mozambique and Zambia, and on technical consultations with Russia.

               (6)

               EASA presented to the Commission and the Air Safety Committee the results of the analysis of audit reports carried out by the International Civil Aviation Organisation (‘ICAO’) in the framework of ICAO's Universal Safety Oversight Audit Programme. In this context, Member States were invited to prioritise ramp inspections on air carriers certified by third countries in respect of which Significant Safety Concerns have been identified by ICAO or in respect of which EASA concluded that there are significant deficiencies in the safety oversight system. In addition to the consultations undertaken by the Commission pursuant to Regulation (EC) No 2111/2005, the prioritisation of ramp inspections will allow for the acquisition of further information regarding the safety performance of the air carriers certified in those third countries.

               (7)

               EASA also informed the Commission and the Air Safety Committee of the results of the analysis of ramp inspections carried out under the Safety Assessment of Foreign Aircraft programme (‘SAFA’) in accordance with Commission Regulation (EU) No 965/2012 (5).

               (8)

               In addition, EASA informed the Commission and the Air Safety Committee about the technical assistance projects carried out in third countries affected by measures or monitoring pursuant to Regulation (EC) No 2111/2005. It provided information on the plans and requests for further technical assistance and cooperation to improve the administrative and technical capability of civil aviation authorities, with a view to helping resolve any non-compliance with applicable international civil aviation standards. Member States were invited to respond to such requests on a bilateral basis, in coordination with the Commission and EASA. In this regard, the Commission reiterated the usefulness of providing information to the international aviation community, particularly through ICAO's Safety Collaborative Assistance Network (‘SCAN’) database, on technical assistance provided by the Union and its Member States to improve aviation safety around the world.

               (9)

               Eurocontrol provided the Commission and the Air Safety Committee with an update on the status of the SAFA alarming function and provided current statistics for alert messages for banned air carriers.

      Union air carriers

               (10)

               Following the analysis by EASA of information resulting from ramp inspections carried out on the aircraft of Union air carriers and from standardisation inspections carried out by EASA, as well as specific inspections and audits carried out by national aviation authorities, several Member States have taken certain enforcement measures and informed the Commission and the Air Safety Committee about those measures.

               (11)

               Member States reiterated their readiness to act as necessary should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance by Union air carriers with the appropriate safety standards.

      Air carriers from Equatorial Guinea

               (12)

               On 7 June 2017, representatives of the Commission and EASA met with representatives of the Autoridad Aeronautica de Guinea Ecuatorial (‘AAGE’). The purpose of that meeting was to continue with the consultations since the latest meeting in 2013. The AAGE informed the Commission and EASA about actions taken to improve compliance with the ICAO requirements for a safety oversight system and also highlighted political efforts to implement reforms.

               (13)

               During the meeting of 7 June 2017, the AAGE recognised that air carriers from Equatorial Guinea had not been certified in accordance with ICAO requirements in the past. For that reason, the AAGE revoked the certificates of several air carriers certified in the country and proceeded with the new five phase certification process for the remaining air carriers. The AAGE also provided information on its staff planning and recruitment, aircraft registry, re-certification programme of air carriers and safety oversight programme.

               (14)

               As observed in the context of the ICAO audit of February 2017, the AAGE achieved a rate of effective implementation of international aviation safety standards of 62,5 %, up from around 10 % in the past.

               (15)

               From 16 to 20 October 2017, a Union on-site assessment visit was conducted in Equatorial Guinea. Experts from the Commission, EASA and Member States participated in that visit. During that visit, the work of the AAGE was assessed, which was verified through visits to the two active air carriers certified in Equatorial Guinea. It was found that the organisational structure of AAGE, which is a recently established independent and autonomous civil aviation authority which started its safety oversight activities in 2012, is appropriate for the level of aviation activities in Equatorial Guinea. It was also found that all areas of civil aviation are covered by the AAGE and that it has its own budget and resources. However, it was observed that the AAGE needs appropriately qualified inspectors, especially in the flight operations area and including with regard to commercial air transport, in order to perform proper and effective safety oversight of the air carriers certified in Equatorial Guinea.

               (16)

               The visit showed that a comprehensive regulatory system has been established in Equatorial Guinea. The AAGE is working on updates of regulations to remain in accordance with the latest developments in international aviation safety standards. However, the AAGE relies to a large extent on the certificates, licenses and authorisations that other authorities and organisations have issued, without verification by the AAGE itself, whereas such own verification is an essential part of the safety oversight tasks of the AAGE. Accordingly, this verification process should be included in the procedures of the AAGE and should be properly implemented.

               (17)

               The AAGE showed during the visit that there are currently only two air carriers certified in Equatorial Guinea, namely CEIBA Intercontinental and Cronos Airlines. The air operator certificates for the air carriers Punto Azul and Tango Airways have been revoked.

               (18)

               During the visit to CEIBA Intercontinental, as part of the Union on-site assessment visit, it was observed that it is still operating under an old air operator certificate and has only progressed to phase two of the contemporary five phase air operator certification procedure. CEIBA Intercontinental is currently undergoing many changes, leading to a lack of updates and approvals of essential flight operation and maintenance manuals and other documentation. Furthermore, those manuals and documentation are not yet customised to the operations and the aircraft of the air carrier. Its safety management system is under development and the air carrier still has to incorporate a meaningful risk analysis. Its safety policies are drafted and established, but not clearly and widely communicated within its organisation. Its quality system also needs further development.

               (19)

               The visit to air carrier Cronos Airlines showed that it is aware of the applicable regulations in Equatorial Guinea and it is making efforts to implement those aviation standards. It has successfully passed the contemporary five phase air operator certification procedure. Its air operator certificate was renewed in January 2017. However, it was observed that several manuals had not been customised to its actual operations and that its quality system is not fully developed. Furthermore, it was found that the safety management system of Cronos Airlines is still under development and is currently in phase two of the four phases of the implementation of a safety management system. Safety policies have been drafted and established and are also clearly and widely communicated within the organisation. It has voluntarily entered into a flight data monitoring programme for its aircraft.

               (20)

               The AAGE, CEIBA Intercontinental and Cronos Airlines were heard on 14 November 2017 by the Commission and the Air Safety Committee in accordance with Article 7 of Regulation (EC) No 2111/2005. During that hearing, the representative of the government of Equatorial Guinea expressed the strong commitment by the government to further improve the safety of air transport in Equatorial Guinea in order to provide for good domestic and regional connectivity. During the hearing, the AAGE provided information on the corrective actions that are put in place in order to resolve the observations that were raised during the Union on-site assessment visit. The time frame to implement those corrective actions is estimated by the AAGE at one year.

               (21)

               The information provided by CEIBA Intercontinental during the hearing on the corrective action plan for the resolution of the observations that were raised during the Union on-site assessment visit did not show that the air carrier had performed a root-cause analysis and indicated that only immediate corrective actions were put in place, without long term preventive measures.

               (22)

               As regards Cronos Airlines, during the hearing it provided information on the corrective actions in order to address the observations that were raised during the Union on-site assessment visit, indicating that it had carried out a root cause analysis, immediate corrective actions as well as actions to prevent reoccurrence of the issues identified.

               (23)

               On the basis of all available information, including the results of the Union on-site assessment visit and the information provided during the hearing on 14 November 2017, it is considered that, while the AAGE has made considerable improvements to the aviation safety oversight system of Equatorial Guinea, important deficiencies in the safety oversight system in Equatorial Guinea remain. It is assessed that the AAGE does not yet have the ability to fully discharge its responsibilities with respect to the oversight of air carriers certified in Equatorial Guinea. This is demonstrated by the fact that air carriers are certified and safety oversight is performed without the required appropriately qualified inspectors and by the fact that a number of the observations that were raised during the Union on-site assessment visit had not been identified by the AAGE itself during its certification and oversight activities. Therefore, there is at present insufficient evidence to support a decision to annul or amend the operating ban of all the air carriers certified in Equatorial Guinea. However, given that their air operator certificates have been revoked, Punto Azul and Tango Airways should be removed from the list of air carriers which are subject to an operating ban.

               (24)

               In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the list of air carriers which are subject to an operating ban within the Union should be amended to remove the air carriers Punto Azul and Tango Airways from Annex A to Regulation (EC) No 474/2006.

      Air carriers from Nepal

               (25)

               On 5 March 2017, the Civil Aviation Authority of Nepal (‘CAAN’) wrote a letter to the Commission, which included information on the current status of the safety oversight system in Nepal. Following the recertification in 2015 of all air carriers in Nepal, the CAAN repeated this exercise in 2016 with the assistance of ICAO, in order to revalidate the air operator certificates once more.

               (26)

               On 13 March 2017, the Ministry of Foreign Affairs of Nepal submitted to the Union Delegation in Kathmandu, Nepal, additional documentation which outlined the progress and included an extract of the report of the ICAO Combined Action Team mission report to Nepal. In the operations and airworthiness domains, the ICAO Combined Action Team made a number of observations. Those observations repeated observations that were made during earlier visits, including the Union on-site assessment visit of February 2014 and a Union technical assistance mission of October 2015. In light of that information, the Commission requested on 4 July 2017 additional information from the CAAN.

               (27)

               ICAO performed an ICAO Coordinated Validation Mission in Nepal from 4 to 11 July 2017. Based on the results of this mission, ICAO announced on 27 July 2017 that the Significant Safety Concern on the certification of air carriers was resolved by the competent authorities of Nepal.

               (28)

               On 3 August 2017, the CAAN provided the information requested by the Commission. It provided, inter alia, information on the holders of air operator certificates, the results of safety oversight activities, the aircraft registered in Nepal, accidents and serious incidents, enforcement actions, the organisation and regulations and technical assistance activities in Nepal. However, the CAAN did not provide any follow-up to the recommendations in the published accident investigation reports.

               (29)

               On 7 November 2017, the CAAN provided the final report of the ICAO Coordinated Validation Mission of 4 to 11 July 2017, indicating an increased effective implementation rate of international aviation safety standards to 66 %. However, that report also shows that further improvements are needed with respect to qualified technical personnel and the resolution of safety concerns. The area of personnel licensing of flight crew was not reviewed by ICAO, whereas that area was one of the concerns after the Union on-site assessment visit of February 2014.

               (30)

               On the basis of the information available at present, it appears that, although the CAAN has made a certain degree of progress with respect to the implementation of international aviation safety standards, the aviation safety oversight system of Nepal is still insufficient, also demonstrated by the fact that there is a lack of effective action as a follow-up to accidents, including fatal accidents that took place in recent years in order to prevent re-occurrence.

               (31)

               In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that at this stage there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Nepal.

      Air carriers from Nigeria

               (32)

               The Commission, with the support of EASA, continues to closely monitor the safety performance of air carriers certified in Nigeria. In its letters of 15 May and 20 June 2017 the Commission underlined the need for the Civil Aviation Authority of Nigeria (‘NCAA’) to closely follow any applications made by air carriers certified in Nigeria for Third Country Operator (‘TCO’) authorisations by EASA.

               (33)

               By letter of 30 May 2017, the NCAA informed the Commission on its intention to conduct an extensive audit of the operations of the air carrier Med-View Airline, registered in Nigeria, as well as the actions the NCAA adopted with regards to other Nigerian air carriers.

               (34)

               By letter of 10 October 2017, the Commission underlined that these activities are insufficient in view of the applicable requirements and the expected growth of the aviation activities in Nigeria. It informed the NCAA that consultations were opened, pursuant to Article 3(2) of Regulation (EC) No 473/2006.

               (35)

               On 30 October 2017, representatives of the Commission and EASA met with senior representatives of the NCAA for a technical consultation meeting. The purpose of that meeting was for the NCAA to explain the corrective and preventive measures taken by the NCAA with respect to Med-View Airline and the other air carriers certified in Nigeria. The NCAA's presentation during that meeting was supported by evidence that showed a certain improvement of the safety oversight of the air carriers for which the Nigerian authorities are responsible under the applicable international regulations.

               (36)

               During the meeting, the NCAA informed the Commission and EASA about actions taken to improve compliance with the ICAO requirements for a safety oversight system. It also provided information on the audit conducted on Med-View Airline and on other air carriers registered in Nigeria, namely Arik Air, Air Peace and Kabo Air, as well as on the NCAA's staff numbers, the training and qualification of its inspectors and its safety oversight programme. The NCAA has established and is implementing a flight operations and airworthiness surveillance programme to ensure continued compliance with the regulations. Nigeria is in the process of implementing its State Safety Programme and is planning to reach full implementation thereof by the end of 2018.

               (37)

               The information currently available, including the information provided by the NCAA at the meeting of 30 October 2017, provides indications that improvements to the safety oversight system in Nigeria are underway. It is indeed clear that such improvements remain of key importance. This is notably the case in relation to the awareness of the NCAA of the planned activities of the air carriers under its supervision, as well as the actual effective implementation of its safety oversight programme, including the management of findings. On 1 November 2017, the Commission requested additional information in this respect. In addition, the Commission invited the NCAA to discourage Nigerian air operators to apply for a TCO authorisation to EASA until they are fully confident that these operators comply with the applicable international aviation safety standards.

               (38)

               In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that at this stage there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Nigeria.

               (39)

               Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international aviation safety standards, the Commission may be obliged to take further action pursuant to Regulation (EC) No 2111/2005.

      Air carriers from Russia

               (40)

               The Commission, EASA and the competent authorities of the Member States continue to closely monitor the safety performance of air carriers certified in Russia and operating within the Union, including through the prioritisation of ramp inspections to be carried out on certain Russian air carriers in accordance with Regulation (EU) No 965/2012.

               (41)

               On 20 October 2017, representatives of the Commission and EASA met with representatives of the Russian Federal Air Transport Agency (‘FATA’). The purpose of that meeting was to review the safety performance of air carriers certified in Russia on the basis of ramp inspection reports for the period between 6 October 2016 and 5 October 2017 and to identify cases where oversight activities carried out by the FATA could be strengthened.

               (42)

               During that meeting, the Commission reviewed the SAFA ramp inspection results of four air carriers certified in Russia in more detail. While no safety concerns were identified, the FATA informed the Commission of its safety oversight activities on those air carriers.

               (43)

               Based on the information currently available, including the information provided by the FATA at the technical consultation meeting of 20 October 2017, it is considered that there is no lack of ability nor a lack of willingness on the part of the FATA to address safety deficiencies of air carriers certified in Russia. On those grounds, the Commission concluded that a hearing before the Commission and the Air Safety Committee of the Russian aviation authorities or of any air carriers certified in Russia was not necessary.

               (44)

               In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that at this stage there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union to include air carriers from Russia.

               (45)

               Member States are to continue to verify effective compliance with international aviation safety standards by the air carriers from Russia, through the prioritisation of ramp inspections in accordance with Regulation (EU) No 965/2012.

               (46)

               Should those inspections point to an imminent safety risk as a consequence of non-compliance with the relevant safety standards, the Commission may be obliged to take action against air carriers from Russia pursuant to Regulation (EC) No 2111/2005.

      Air carriers from Saint Vincent and the Grenadines

               (47)

               On 2 February 2017, the air carrier Mustique Airways, certified in Saint Vincent and the Grenadines, re-applied to EASA for a TCO authorisation. This re-application followed an earlier application for a TCO authorisation which had been refused by EASA on safety grounds. EASA assessed this new application in accordance with the requirements of Commission Regulation (EU) No 452/2014 (6).

               (48)

               The corrective action plans to address the findings of EASA in relation to the TCO authorisation application of Mustique Airways were found acceptable by EASA and it decided to continue the assessment of the application until all findings were closed. On 11 September 2017, EASA informed the Commission on the closure of the last of the mentioned findings and the fact that, accordingly, EASA would be in a position to issue the authorisation if the air carrier were to be removed from the Air Safety List.

               (49)

               In light of that information, the Commission invited Mustique Airways for a hearing in order for Mustique Airways to present the corrective actions put in place and provide information on the measures it has taken in order to prevent that the safety deficiencies identified by EASA during its TCO authorisation assessment would reappear. On 14 November 2017, Mustique Airways presented to the Commission and the Air Safety Committee those corrective actions. They consist of significant changes in the organisation and implementation of a safety management system, supported by a new web-based tool and a new safety policy, in order for Mustique Airways to address the root-causes of the deficiencies and prevent their reappearance.

               (50)

               During the hearing Mustique Airways also provided information on a number of measures it took to implement an aviation safety culture within its organisation. Those measures include regular safety meetings at both management and staff levels in order for Mustique Airways to increase the level of safety awareness of its staff and improve the level of reporting on safety occurrences.

               (51)

               On the basis of all information available at present, including the assessment conducted by EASA and the information provided during the hearing, it should be concluded that Mustique Airways has resolved the identified safety deficiencies and that Mustique Airways is capable of addressing safety deficiencies which could arise.

               (52)

               In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore assessed that the list of air carriers which are subject to an operating ban within the Union should be amended to remove the air carrier Mustique Airways from Annex A to Regulation (EC) No 474/2006.

               (53)

               Member States are to continue to verify effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on air carriers certified in Saint Vincent and the Grenadines in accordance with Regulation (EU) No 965/2012.

               (54)

               Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international aviation safety standards, the Commission may be obliged to take further action pursuant to Regulation (EC) No 2111/2005.

      Air carriers from Thailand

               (55)

               From 20 to 27 September 2017, ICAO performed an ICAO Coordinated Validation Mission in Thailand in order to review the protocol questions that were the basis for the Significant Safety Concern in Thailand. The corrective actions taken by the Civil Aviation Authority of Thailand (‘CAAT’) were found to be sufficient to resolve the Significant Safety Concern and the effective implementation rate of international aviation safety standards increased to approximately 41 %. However, additional work is ongoing to further increase the effective implementation rate and the CAAT expects an ICAO Coordinated Validation Mission in 2018, covering all areas of a civil aviation safety oversight system.

               (56)

               The CAAT was invited for a hearing on 13 November 2017 in order to provide an update to the Commission and the Air Safety Committee on the corrective actions taken to improve the aviation safety situation in Thailand.

               (57)

               During the hearing the CAAT provided information on the size and the activities of the civil aviation industry in Thailand and the results of the ICAO Coordinated Validation Mission, including the fact that the Significant Safety Concern had been resolved. The CAAT also reported on progress on the implementation of the sustainability plan, which includes the work on a strategic plan for the near future, the update of legislation and regulations, the organisation and staffing of the authority, the financing of the activities of the authority and the IT systems the CAAT will apply to support its activities. It also provided information on its oversight activities in respect of air carriers certified in Thailand. The Commission encouraged the CAAT to continue with the implementation of its work to ensure the sustainability of aviation safety improvements in Thailand.

               (58)

               The available information indicated that the safety oversight system in Thailand has improved. In particular, the CAAT has provided evidence that progress has been achieved over the past year. The information available at present with regard to air carriers certified in Thailand does not support a decision to impose a ban or certain operational restrictions on those air carriers.

               (59)

               In order to monitor the situation closely, consultations with the authorities from Thailand are to continue, in accordance with Article 3(2) of Regulation (EC) No 473/2006.

               (60)

               In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that at this stage there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Thailand.

               (61)

               Member States are to continue to verify effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on air carriers certified in Thailand in accordance with Regulation (EU) No 965/2012.

               (62)

               Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international aviation safety standards, the Commission may be obliged to take further action pursuant to Regulation (EC) No 2111/2005.

      Air carriers from Ukraine

               (63)

               On 19 April 2017, the air carrier International Joint-Stock Aviation Company ‘URGA’, certified in the Ukraine, re-applied to EASA for a TCO authorisation. Following the rejection on safety grounds by EASA of its first application for a TCO authorisation, EASA assessed this new application in accordance with the requirements of Regulation (EU) No 452/2014.

               (64)

               From 28 to 29 June 2017, in this context, EASA conducted an on-site audit in the headquarter facilities of International Joint-Stock Aviation Company ‘URGA’. While that audit enabled to close all the findings identified during the assessment of the first application, five new findings, in particular related to airworthiness, were identified. Subsequently, International Joint-Stock Aviation Company ‘URGA’ submitted to EASA a corrective action plan in response to those findings. On the basis of this corrective action plan, all findings were closed on 4 October 2017 to the full satisfaction of EASA. EASA informed the Commission of this and of the fact that, accordingly, EASA would be in a position to issue the authorisation if the air carrier were to be removed from the Air Safety List.

               (65)

               On that basis, International Joint-Stock Aviation Company ‘URGA’ was invited for a hearing by the Commission and the Air Safety Committee, which took place on 13 November 2017. During the hearing, it provided detailed information on the implementation of the corrective action plan developed in response to the findings raised by EASA during the on-site audit of June 2017. It also explained that major changes in its organisation and its procedures have been introduced in order to strengthen its capacity to comply with the international aviation safety standards. With a view to ensure the sustainability of those measures and to enable an effective control over its activities, International Joint-Stock Aviation Company ‘URGA’ also restructured its internal quality system.

               (66)

               On the basis of all information available at present, including the assessment conducted by EASA and the information provided during the hearing, it should be concluded that International Joint-Stock Aviation Company ‘URGA’ has resolved the identified safety deficiencies and that International Joint-Stock Aviation Company ‘URGA’ is capable of addressing safety deficiencies which could arise.

               (67)

               In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the list of air carriers which are subject to an operating ban within the Union should be amended to remove the air carrier International Joint-Stock Aviation Company ‘URGA’ from Annex A to Regulation (EC) No 474/2006.

               (68)

               Member States are to continue to verify effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on air carriers certified in Ukraine in accordance with Regulation (EU) No 965/2012.

               (69)

               Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international aviation safety standards, the Commission may be obliged to take further action pursuant to Regulation (EC) No 2111/2005.

      Air carriers from Venezuela

               (70)

               On 6 March 2017, the air carrier Avior Airlines, certified in Venezuela, applied to EASA for a TCO authorisation. EASA assessed that application in accordance with the requirements of Regulation (EU) No 452/2014.

               (71)

               In conducting its TCO safety assessment of Avior Airlines, EASA raised concerns about the failure by Avior Airlines to demonstrate compliance with the applicable requirements. EASA therefore concluded that further assessment would not result in the issuance of a TCO authorisation to Avior Airlines and that the air carrier did not meet the applicable requirements of Regulation (EU) No 452/2014. Consequently, on 4 October 2017, EASA rejected the TCO application of Avior Airlines on safety grounds.

               (72)

               On 10 October 2017, the Commission requested information from the Civil Aviation Authority of Venezuela (‘INAC’) on the measures it has taken following the rejection of the TCO application of Avior Airlines by EASA. That letter constituted the opening of consultations with the authorities that have regulatory oversight over the air carriers certified in Venezuela in accordance with the criteria laid down in Article 3(2) of Regulation (EC) No 473/2006. Since the safety concerns resulting from the TCO safety assessment by EASA of Avior Airlines were not resolved, both the INAC and Avior Airlines were given the opportunity to be heard by the Commission and the Air Safety Committee pursuant to Regulation (EC) No 2111/2005.

               (73)

               On 13 November 2017, the INAC provided to the Commission information on the oversight activities performed in respect of the air carriers certified in Venezuela during the past years as well as a description of the oversight conducted in respect of the air carrier Avior Airlines.

               (74)

               During the hearing of 14 November 2017, the INAC provided to the Commission and the Air Safety Committee information on its structure, functions, competences and resources, the number of aviation incidents and accidents, the effective implementation of international aviation safety standards, the status under the FAA International Aviation Safety Assessment programme and the number and type of organisations under its supervision. It also explained its oversight process and provided the results of the safety oversight activities performed in respect of Avior Airlines during recent years. The INAC indicated that it had increased the number of inspections of Avior Airlines, as that air carrier expanded its fleet. This resulted in the identification of a considerable number of safety deficiencies at Avior Airlines, in particular in the areas of training of personnel, management of changes and the document control system.

               (75)

               The INAC indicated that it was not aware of the findings raised in respect of air carriers certified in Venezuela during ramp inspections by Member States and expressed its intention to engage with EASA in order for the INAC to ensure adequate follow-up of those findings.

               (76)

               The information provided indicates that the INAC should further develop its inspection capacity in respect of the air carriers for which it is responsible.

               (77)

               During the hearing, Avior Airlines informed the Commission and the Air Safety Committee on the corrective measures taken to address the serious concerns identified by EASA as part of its TCO authorisation assessment, such as airworthiness and maintenance control, the implementation and monitoring of airworthiness directives and the safety and quality management system. However, Avior Airlines showed a clear lack of awareness and comprehension of the seriousness of the safety concerns raised by EASA and identified by the Member States through ramp inspections. Moreover, the measures taken by Avior Airlines show a lack of proper root-cause analysis and suitable corrective action plans to prevent re-occurrence of the same or similar non-compliances which led to those concerns.

               (78)

               The information available at present based on EASA's TCO authorisation assessment, the ramp inspections conducted by the Member States and the information provided by the INAC and by Avior Airlines, shows that there is clear evidence of serious safety deficiencies on the part of Avior Airlines. This information also shows that Avior Airlines is not capable of addressing those safety deficiencies, as demonstrated, inter alia, by the inappropriate and insufficient corrective action plan that it presented in response to the findings of EASA and the lack of adequate response to the findings raised during the ramp inspections performed by Member States.

               (79)

               In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the list of air carriers which are subject to an operating ban within the Union should be amended to include the air carrier Avior Airlines in Annex A to Regulation (EC) No 474/2006.

               (80)

               Member States are to continue to verify effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on air carriers certified in Venezuela in accordance with Regulation (EU) No 965/2012.

               (81)

               Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international aviation safety standards, the Commission may be obliged to take further action pursuant to Regulation (EC) No 2111/2005.

               (82)

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

               (83)

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

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

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 November 2017.

            For the Commission,

            On behalf of the President,

         Violeta BULC

            Member of the Commission

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

      (2)  Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (OJ L 84, 23.3.2006, p. 14).

      (3)  Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of the technical requirements and administrative procedures in the field of civil aviation (OJ L 373, 31.12.1991, p. 4).

      (4)  Commission Regulation (EC) No 473/2006 of 22 March 2006 laying down implementing rules for the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (OJ L 84, 23.3.2006, p. 8).

      (5)  Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down the 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).

      (6)  Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 133, 6.5.2014, p. 12).

      ANNEX I
      ‘
            ANNEX A

               LIST OF AIR CARRIERS WHICH ARE BANNED FROM OPERATING WITHIN THE UNION, WITH EXCEPTIONS
                (1)

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

                        Air Operator Certificate (‘AOC’) Number or Operating Licence Number

                        ICAO three letter designator

                        State of the Operator

                           AVIOR AIRLINES

                        ROI-RNR-011

                        ROI

                        Venezuela

                           BLUE WING AIRLINES

                        SRBWA-01/2002

                        BWI

                        Suriname

                           IRAN ASEMAN AIRLINES

                        FS-102

                        IRC

                        Islamic Republic of Iran

                           IRAQI AIRWAYS

                        001

                        IAW

                        Iraq

                           MED-VIEW AIRLINE

                        MVA/AOC/10-12/05

                        MEV

                        Nigeria

                           AIR ZIMBABWE (PVT) LTD

                        177/04

                        AZW

                        Zimbabwe

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

                           Islamic Republic of Afghanistan

                           AFGHAN JET INTERNATIONAL AIRLINES

                        AOC 008

                        AJA

                        Islamic Republic of Afghanistan

                           ARIANA AFGHAN AIRLINES

                        AOC 009

                        AFG

                        Islamic Republic of Afghanistan

                           EAST HORIZON AIRLINES

                        AOC 1013

                        EHN

                        Islamic Republic of Afghanistan

                           KAM AIR

                        AOC 001

                        KMF

                        Islamic Republic of Afghanistan

                           SAFI AIRWAYS

                        AOC 181

                        SFW

                        Islamic Republic of Afghanistan

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

                           Republic of Angola

                           AEROJET

                        AO 008-01/11

                        TEJ

                        Republic of Angola

                           AIR GICANGO

                        009

                        Unknown

                        Republic of Angola

                           AIR JET

                        AO 006-01/11-MBC

                        MBC

                        Republic of Angola

                           AIR NAVE

                        017

                        Unknown

                        Republic of Angola

                           AIR26

                        AO 003-01/11-DCD

                        DCD

                        Republic of Angola

                           ANGOLA AIR SERVICES

                        006

                        Unknown

                        Republic of Angola

                           DIEXIM

                        007

                        Unknown

                        Republic of Angola

                           FLY540

                        AO 004-01 FLYA

                        Unknown

                        Republic of Angola

                           GIRA GLOBO

                        008

                        GGL

                        Republic of Angola

                           HELIANG

                        010

                        Unknown

                        Republic of Angola

                           HELIMALONGO

                        AO 005-01/11

                        Unknown

                        Republic of Angola

                           MAVEWA

                        016

                        Unknown

                        Republic of Angola

                           SONAIR

                        AO 002-01/10-SOR

                        SOR

                        Republic of Angola

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

                           Republic of Congo

                           AERO SERVICE

                        RAC06-002

                        RSR

                        Republic of Congo

                           CANADIAN AIRWAYS CONGO

                        RAC06-012

                        Unknown

                        Republic of Congo

                           EMERAUDE

                        RAC06-008

                        Unknown

                        Republic of Congo

                           EQUAFLIGHT SERVICES

                        RAC 06-003

                        EKA

                        Republic of Congo

                           EQUAJET

                        RAC06-007

                        EKJ

                        Republic of Congo

                           EQUATORIAL CONGO AIRLINES S.A.

                        RAC 06-014

                        Unknown

                        Republic of Congo

                           MISTRAL AVIATION

                        RAC06-011

                        Unknown

                        Republic of Congo

                           TRANS AIR CONGO

                        RAC 06-001

                        TSG

                        Republic of Congo

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

                           Democratic Republic of Congo (DRC)

                           AIR FAST CONGO

                        409/CAB/MIN/TVC/0112/2011

                        Unknown

                        Democratic Republic of Congo (DRC)

                           AIR KASAI

                        409/CAB/MIN/TVC/0053/2012

                        Unknown

                        Democratic Republic of Congo (DRC)

                           AIR KATANGA

                        409/CAB/MIN/TVC/0056/2012

                        Unknown

                        Democratic Republic of Congo (DRC)

                           AIR TROPIQUES

                        409/CAB/MIN/TVC/00625/2011

                        Unknown

                        Democratic Republic of Congo (DRC)

                           BLUE AIRLINES

                        106/CAB/MIN/TVC/2012

                        BUL

                        Democratic Republic of Congo (DRC)

                           BLUE SKY

                        409/CAB/MIN/TVC/0028/2012

                        Unknown

                        Democratic Republic of Congo (DRC)

                           BUSY BEE CONGO

                        409/CAB/MIN/TVC/0064/2010

                        Unknown

                        Democratic Republic of Congo (DRC)

                           COMPAGNIE AFRICAINE D'AVIATION (CAA)

                        409/CAB/MIN/TVC/0050/2012

                        Unknown

                        Democratic Republic of Congo (DRC)

                           CONGO AIRWAYS

                        019/CAB/MIN/TVC/2015

                        Unknown

                        Democratic Republic of Congo (DRC)

                           DAKOTA SPRL

                        409/CAB/MIN/TVC/071/2011

                        Unknown

                        Democratic Republic of Congo (DRC)

                           DOREN AIR CONGO

                        102/CAB/MIN/TVC/2012

                        Unknown

                        Democratic Republic of Congo (DRC)

                           GOMAIR

                        409/CAB/MIN/TVC/011/2010

                        Unknown

                        Democratic Republic of Congo (DRC)

                           KIN AVIA

                        409/CAB/MIN/TVC/0059/2010

                        Unknown

                        Democratic Republic of Congo (DRC)

                           KORONGO AIRLINES

                        409/CAB/MIN/TVC/001/2011

                        KGO

                        Democratic Republic of Congo (DRC)

                           MALU AVIATION

                        098/CAB/MIN/TVC/2012

                        Unknown

                        Democratic Republic of Congo (DRC)

                           MANGO AIRLINES

                        409/CAB/MIN/TVC/009/2011

                        Unknown

                        Democratic Republic of Congo (DRC)

                           SERVE AIR

                        004/CAB/MIN/TVC/2015

                        Unknown

                        Democratic Republic of Congo (DRC)

                           SERVICES AIR

                        103/CAB/MIN/TVC/2012

                        Unknown

                        Democratic Republic of Congo (DRC)

                           SWALA AVIATION

                        409/CAB/MIN/TVC/0084/2010

                        Unknown

                        Democratic Republic of Congo (DRC)

                           TRANSAIR CARGO SERVICES

                        409/CAB/MIN/TVC/073/2011

                        Unknown

                        Democratic Republic of Congo (DRC)

                           WILL AIRLIFT

                        409/CAB/MIN/TVC/0247/2011

                        Unknown

                        Democratic Republic of Congo (DRC)

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

                           Djibouti

                           DAALLO AIRLINES

                        Unknown

                        DAO

                        Djibouti

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

                           Equatorial Guinea

                           CEIBA INTERCONTINENTAL

                        2011/0001/MTTCT/DGAC/SOPS

                        CEL

                        Equatorial Guinea

                           CRONOS AIRLINES

                        2011/0004/MTTCT/DGAC/SOPS

                        Unknown

                        Equatorial Guinea

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

                           Eritrea

                           ERITREAN AIRLINES

                        AOC No 004

                        ERT

                        Eritrea

                           NASAIR ERITREA

                        AOC No 005

                        NAS

                        Eritrea

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

                           Republic of Gabon

                           AFRIC AVIATION

                        010/MTAC/ANAC-G/DSA

                        EKG

                        Republic of Gabon

                           ALLEGIANCE AIR TOURIST

                        007/MTAC/ANAC-G/DSA

                        LGE

                        Republic of Gabon

                           NATIONALE REGIONALE TRANSPORT (N.R.T)

                        008/MTAC/ANAC-G/DSA

                        NRG

                        Republic of Gabon

                           SKY GABON

                        009/MTAC/ANAC-G/DSA

                        SKG

                        Republic of Gabon

                           SOLENTA AVIATION GABON

                        006/MTAC/ANAC-G/DSA

                        SVG

                        Republic of Gabon

                           TROPICAL AIR-GABON

                        011/MTAC/ANAC-G/DSA

                        Unknown

                        Republic of Gabon

                           All air carriers certified by the authorities with responsibility for regulatory oversight of Indonesia, with the exception of Garuda Indonesia, Airfast Indonesia, Ekspres Transportasi Antarbenua, Indonesia Air Asia, Citilink, Lion Air and Batik Air, including

                           Republic of Indonesia

                           AIR BORN INDONESIA

                        135-055

                        Unknown

                        Republic of Indonesia

                           AIR PACIFIC UTAMA

                        135-020

                        Unknown

                        Republic of Indonesia

                           ALDA TRANS PAPUA

                        135-056

                        Unknown

                        Republic of Indonesia

                           ALFA TRANS DIRGANTARA

                        135-012

                        Unknown

                        Republic of Indonesia

                           AMA

                        135-054

                        Unknown

                        Republic of Indonesia

                           ANGKASA SUPER SERVICE

                        135-050

                        LBZ

                        Republic of Indonesia

                           ASI PUDJIASTUTI

                        135-028

                        SQS

                        Republic of Indonesia

                           AVIASTAR MANDIRI

                        135-029

                        VIT

                        Republic of Indonesia

                           DABI AIR NUSANTARA

                        135-030

                        Unknown

                        Republic of Indonesia

                           DERAYA AIR TAXI

                        135-013

                        DRY

                        Republic of Indonesia

                           DERAZONA AIR SERVICE

                        135-010

                        DRZ

                        Republic of Indonesia

                           EASTINDO

                        135-038

                        ESD

                        Republic of Indonesia

                           ELANG LINTAS INDONESIA

                        135-052

                        Unknown

                        Republic of Indonesia

                           ELANG NUSANTARA AIR

                        135-053

                        Unknown

                        Republic of Indonesia

                           ENGGANG AIR SERVICE

                        135-045

                        Unknown

                        Republic of Indonesia

                           ERSA EASTERN AVIATION

                        135-047

                        Unknown

                        Republic of Indonesia

                           GATARI AIR SERVICE

                        135-018

                        GHS

                        Republic of Indonesia

                           HEVILIFT AVIATION

                        135-042

                        Unknown

                        Republic of Indonesia

                           INDONESIA AIR ASIA EXTRA

                        121-054

                        Unknown

                        Republic of Indonesia

                           INDONESIA AIR TRANSPORT

                        121-034

                        IDA

                        Republic of Indonesia

                           INDO STAR AVIATION

                        135-057

                        Unknown

                        Republic of Indonesia

                           INTAN ANGKASA AIR SERVICE

                        135-019

                        Unknown

                        Republic of Indonesia

                           JAYAWIJAYA DIRGANTARA

                        121-044

                        JWD

                        Republic of Indonesia

                           JOHNLIN AIR TRANSPORT

                        135-043

                        JLB

                        Republic of Indonesia

                           KAL STAR AVIATION

                        121-037

                        KLS

                        Republic of Indonesia

                           KARTIKA AIRLINES

                        121-003

                        KAE

                        Republic of Indonesia

                           KOMALA INDONESIA

                        135-051

                        Unknown

                        Republic of Indonesia

                           KURA-KURA AVIATION

                        135-016

                        KUR

                        Republic of Indonesia

                           MARTA BUANA ABADI

                        135-049

                        Unknown

                        Republic of Indonesia

                           MATTHEW AIR NUSANTARA

                        135-048

                        Unknown

                        Republic of Indonesia

                           MIMIKA AIR

                        135-007

                        Unknown

                        Republic of Indonesia

                           MY INDO AIRLINES

                        121-042

                        Unknown

                        Republic of Indonesia

                           NAM AIR

                        121-058

                        Unknown

                        Republic of Indonesia

                           NATIONAL UTILITY HELICOPTER

                        135-011

                        Unknown

                        Republic of Indonesia

                           NUSANTARA AIR CHARTER

                        121-022

                        SJK

                        Republic of Indonesia

                           PEGASUS AIR SERVICES

                        135-036

                        Unknown

                        Republic of Indonesia

                           PELITA AIR SERVICE

                        121-008

                        PAS

                        Republic of Indonesia

                           PENERBANGAN ANGKASA SEMESTA

                        135-026

                        Unknown

                        Republic of Indonesia

                           PURA WISATA BARUNA

                        135-025

                        Unknown

                        Republic of Indonesia

                           RIAU AIRLINES

                        121-016

                        RIU

                        Republic of Indonesia

                           SAYAP GARUDA INDAH

                        135-004

                        Unknown

                        Republic of Indonesia

                           SMAC

                        135-015

                        SMC

                        Republic of Indonesia

                           SPIRIT AVIATION SENTOSA

                        135-058

                        Unknown

                        Republic of Indonesia

                           SRIWIJAYA AIR

                        121-035

                        SJY

                        Republic of Indonesia

                           SURYA AIR

                        135-046

                        Unknown

                        Republic of Indonesia

                           TRANSNUSA AVIATION MANDIRI

                        121-048

                        TNU

                        Republic of Indonesia

                           TRANSWISATA PRIMA AVIATION

                        135-021

                        TWT

                        Republic of Indonesia

                           TRAVEL EXPRESS AVIATION SERVICE

                        121-038

                        XAR

                        Republic of Indonesia

                           TRAVIRA UTAMA

                        135-009

                        TVV

                        Republic of Indonesia

                           TRI MG-INTRA ASIA AIRLINES

                        121-018

                        TMG

                        Republic of Indonesia

                           TRI MG-INTRA ASIA AIRLINES

                        135-037

                        Unknown

                        Republic of Indonesia

                           TRIGANA AIR SERVICE

                        121-006

                        TGN

                        Republic of Indonesia

                           UNINDO

                        135-040

                        Unknown

                        Republic of Indonesia

                           WESTSTAR AVIATION INDONESIA

                        135-059

                        Unknown

                        Republic of Indonesia

                           WING ABADI AIRLINES

                        121-012

                        WON

                        Republic of Indonesia

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

                           Kyrgyz Republic

                           AIR BISHKEK (formerly EASTOK AVIA)

                        15

                        EAA

                        Kyrgyz Republic

                           AIR MANAS

                        17

                        MBB

                        Kyrgyz Republic

                           AVIA TRAFFIC COMPANY

                        23

                        AVJ

                        Kyrgyz Republic

                           CENTRAL ASIAN AVIATION SERVICES (CAAS)

                        13

                        CBK

                        Kyrgyz Republic

                           HELI SKY

                        47

                        HAC

                        Kyrgyz Republic

                           AIR KYRGYZSTAN

                        03

                        LYN

                        Kyrgyz Republic

                           MANAS AIRWAYS

                        42

                        BAM

                        Kyrgyz Republic

                           S GROUP INTERNATIONAL (formerly S GROUP AVIATION)

                        45

                        IND

                        Kyrgyz Republic

                           SKY BISHKEK

                        43

                        BIS

                        Kyrgyz Republic

                           SKY KG AIRLINES

                        41

                        KGK

                        Kyrgyz Republic

                           SKY WAY AIR

                        39

                        SAB

                        Kyrgyz Republic

                           TEZ JET

                        46

                        TEZ

                        Kyrgyz Republic

                           VALOR AIR

                        07

                        VAC

                        Kyrgyz Republic

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

                           Liberia

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

                           Libya

                           AFRIQIYAH AIRWAYS

                        007/01

                        AAW

                        Libya

                           AIR LIBYA

                        004/01

                        TLR

                        Libya

                           BURAQ AIR

                        002/01

                        BRQ

                        Libya

                           GHADAMES AIR TRANSPORT

                        012/05

                        GHT

                        Libya

                           GLOBAL AVIATION AND SERVICES

                        008/05

                        GAK

                        Libya

                           LIBYAN AIRLINES

                        001/01

                        LAA

                        Libya

                           PETRO AIR

                        025/08

                        PEO

                        Libya

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

                           Republic of Nepal

                           AIR DYNASTY HELI. S.

                        035/2001

                        Unknown

                        Republic of Nepal

                           AIR KASTHAMANDAP

                        051/2009

                        Unknown

                        Republic of Nepal

                           BUDDHA AIR

                        014/1996

                        BHA

                        Republic of Nepal

                           FISHTAIL AIR

                        017/2001

                        Unknown

                        Republic of Nepal

                           GOMA AIR

                        064/2010

                        Unknown

                        Republic of Nepal

                           HIMALAYA AIRLINES

                        084/2015

                        Unknown

                        Republic of Nepal

                           MAKALU AIR

                        057A/2009

                        Unknown

                        Republic of Nepal

                           MANANG AIR PVT LTD

                        082/2014

                        Unknown

                        Republic of Nepal

                           MOUNTAIN HELICOPTERS

                        055/2009

                        Unknown

                        Republic of Nepal

                           MUKTINATH AIRLINES

                        081/2013

                        Unknown

                        Republic of Nepal

                           NEPAL AIRLINES CORPORATION

                        003/2000

                        RNA

                        Republic of Nepal

                           SAURYA AIRLINES

                        083/2014

                        Unknown

                        Republic of Nepal

                           SHREE AIRLINES

                        030/2002

                        SHA

                        Republic of Nepal

                           SIMRIK AIR

                        034/2000

                        Unknown

                        Republic of Nepal

                           SIMRIK AIRLINES

                        052/2009

                        RMK

                        Republic of Nepal

                           SITA AIR

                        033/2000

                        Unknown

                        Republic of Nepal

                           TARA AIR

                        053/2009

                        Unknown

                        Republic of Nepal

                           YETI AIRLINES DOMESTIC

                        037/2004

                        NYT

                        Republic of Nepal

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

                           Sao Tome and Principe

                           AFRICA'S CONNECTION

                        10/AOC/2008

                        ACH

                        Sao Tome and Principe

                           STP AIRWAYS

                        03/AOC/2006

                        STP

                        Sao Tome and Principe

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

                           Sierra Leone

                           AIR RUM, LTD

                        Unknown

                        RUM

                        Sierra Leone

                           DESTINY AIR SERVICES, LTD

                        Unknown

                        DTY

                        Sierra Leone

                           HEAVYLIFT CARGO

                        Unknown

                        Unknown

                        Sierra Leone

                           ORANGE AIR SIERRA LEONE LTD

                        Unknown

                        ORJ

                        Sierra Leone

                           PARAMOUNT AIRLINES, LTD

                        Unknown

                        PRR

                        Sierra Leone

                           SEVEN FOUR EIGHT AIR SERVICES LTD

                        Unknown

                        SVT

                        Sierra Leone

                           TEEBAH AIRWAYS

                        Unknown

                        Unknown

                        Sierra Leone

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

                           Republic of Sudan

                           ALFA AIRLINES SD

                        54

                        AAJ

                        Republic of the Sudan

                           BADR AIRLINES

                        35

                        BDR

                        Republic of the Sudan

                           BLUE BIRD AVIATION

                        11

                        BLB

                        Republic of the Sudan

                           ELDINDER AVIATION

                        8

                        DND

                        Republic of the Sudan

                           GREEN FLAG AVIATION

                        17

                        Unknown

                        Republic of the Sudan

                           HELEJETIC AIR

                        57

                        HJT

                        Republic of the Sudan

                           KATA AIR TRANSPORT

                        9

                        KTV

                        Republic of the Sudan

                           KUSH AVIATION CO.

                        60

                        KUH

                        Republic of the Sudan

                           NOVA AIRWAYS

                        46

                        NOV

                        Republic of the Sudan

                           SUDAN AIRWAYS CO.

                        1

                        SUD

                        Republic of the Sudan

                           SUN AIR

                        51

                        SNR

                        Republic of the Sudan

                           TARCO AIR

                        56

                        TRQ

                        Republic of the Sudan

                  ’

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

      ANNEX II
      ‘
            ANNEX B

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

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

                        Air Operator Certificate (‘AOC’) Number

                        ICAO three letter designator

                        State of the Operator

                        Aircraft type restricted

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

                        State of registry

                           TAAG ANGOLA AIRLINES

                        001

                        DTA

                        Republic of Angola

                        All fleet with the exception of: aircraft of type Boeing B737-700, aircraft of type Boeing B777-200, aircraft of type Boeing B777-300 and aircraft of type Boeing B777-300ER.

                        All fleet with the exception of: aircraft within the Boeing B737-700 fleet, as mentioned on the AOC; aircraft within the Boeing B777-200 fleet, as mentioned on the AOC; aircraft within the Boeing B777-300 fleet, as mentioned on the AOC and aircraft within the Boeing B777-300ER fleet, as mentioned on the AOC.

                        Republic of Angola

                           AIR SERVICE COMORES

                        06-819/TA-15/DGACM

                        KMD

                        Comoros

                        All fleet with the exception of: LET 410 UVP.

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

                        Comoros

                           AFRIJET BUSINESS SERVICE
                            (2)

                        002/MTAC/ANAC-G/DSA

                        ABS

                        Republic of Gabon

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

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

                        Republic of Gabon

                           NOUVELLE AIR AFFAIRES GABON (SN2AG)

                        003/MTAC/ANAC-G/DSA

                        NVS

                        Republic of Gabon

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

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

                        Republic of Gabon; Republic of South Africa

                           IRAN AIR

                        FS100

                        IRA

                        Islamic Republic of Iran

                        All aircraft of type Fokker F100 and of type Boeing B747

                        Aircraft of type Fokker F100 as mentioned on the AOC; aircraft of type Boeing B747 as mentioned on the AOC

                        Islamic Republic of Iran

                           AIR KORYO

                        GAC-AOC/KOR-01

                        KOR

                        Democratic People's Republic of Korea

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

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

                        Democratic People's Republic of Korea

                  ’

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

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


title: Commission Implementing Regulation (EU) 2017/2216 of 1 December 2017 entering certain names in the register of traditional specialities guaranteed ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ (TSG) and ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ (TSG)

text:
               2.12.2017

               EN

               Official Journal of the European Union

               L 318/21

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2216
   of 1 December 2017
   entering certain names in the register of traditional specialities guaranteed ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ (TSG) and ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ (TSG)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 26 and Article 52(2) thereof,
   Whereas:

               (1)

               In accordance with Article 26 of Regulation (EU) No 1151/2012, Belgium submitted the names ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ and ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ in view of enabling them to be registered in the register of Traditional Specialities Guaranteed provided for in Article 22 of Regulation (EU) No 1151/2012 with reservation of name.

               (2)

               The names ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ and ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ had previously been registered (2) as certificates of specific character in accordance with Article 13(1) of the Council Regulation (EEC) No 2082/92 (3) then replaced by Council Regulation (EC) No 509/2006 (4) and protected in accordance with Article 13(1) of that Regulation as traditional speciality guaranteed without reservation of name.

               (3)

               The submission of the names ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ and ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ was examined by the Commission and subsequently published in the Official Journal of the European Union
                   (5).

               (4)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the names ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ and ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ should therefore be entered in the register with reservation of name,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The names ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ (TSG) and ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ (TSG) are hereby entered in the register with reservation of name.
   The product specification of the TSG ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ and TSG ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ shall be deemed to be the specification referred to in Article 19 of Regulation (EU) No 1151/2012 for the TSG ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ and TSG ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ with reservation of name.
   The names specified in the first paragraph denote a product in Class 2.22, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (6).
   Article 2
   This Regulation shall enter into force on the twentieth 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, 1 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 343, 14.12.2012, p. 1.

      (2)  Commission Regulation (EC) No 2301/97 of 20 November 1997 on the entry of certain names in the ‘Register of certificates of specific character’ provided for in Council Regulation (EEC) No 2082/92 on certificates of specific character for agricultural products and foodstuffs (OJ L 319, 21.11.1997, p. 8).

      (3)  Council Regulation (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs (OJ L 208, 24.7.1992, p. 9).

      (4)  Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (OJ L 93, 31.3.2006, p. 1). Regulation repealed and replaced by Regulation (EU) No 1151/2012.

      (5)  OJ C 174, 14.5.2016, p. 24.

      (6)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) 2017/2233 of 4 December 2017 amending Regulation (EC) No 900/2009 as regards the characterisation of selenomethionine produced by Saccharomyces cerevisiae CNCM I-3399 (Text with EEA relevance. )

text:
               5.12.2017

               EN

               Official Journal of the European Union

               L 319/78

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2233
   of 4 December 2017
   amending Regulation (EC) No 900/2009 as regards the characterisation of selenomethionine produced by Saccharomyces cerevisiae CNCM I-3399
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1) and in particular Article 13(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 900/2009 (2) as amended by Commission Implementing Regulation (EU) No 427/2013 (3) authorises selenomethionine produced by Saccharomyces cerevisiae CNCM I-3399 as a feed additive.

               (2)

               The Commission received an application requesting a modification of the conditions of the authorisation as regards the characterisation of the feed additive. That application was accompanied by the relevant supporting data. The Commission forwarded that application to the European Food Safety Authority (‘the Authority’).

               (3)

               The Authority concluded in its opinion of 5 July 2017 (4) that the requested modification would not affect the safety and efficacy of the product, recalling the risk for user safety of the product. The current authorisation act contains a provision to adequately address this risk. The Authority suggests to include the selenocysteine content in the characterisation of the additive but due to a lack of an analytical method for selenocysteine this suggestion cannot be followed.

               (4)

               The assessment of the modified preparation shows that it satisfies the conditions for authorisation, provided for in Article 5 of Regulation (EC) No 1831/2003.

               (5)

               Regulation (EC) No 900/2009 should therefore be amended accordingly.

               (6)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plant, Animals, Food and Feed,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment to Regulation (EC) No 900/2009
   In the fourth column of the Annex to Regulation (EC) No 900/2009, the text between the heading ‘Characterisation of the additive’ and the heading ‘Characterisation of the active substance’ is replaced by the following:

      ‘Organic selenium, mainly selenomethionine (63 %), with a content of 2 000 to 3 500 mg Se/kg (97 to 99 % of organic selenium)’.

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

      This Regulation is binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 268, 18.10.2003, p. 29.

      (2)  Commission Regulation (EC) No 900/2009 of 25 September 2009 concerning the authorisation of selenomethionine produced by Saccharomyces cerevisiae CNCM I-3399 as a feed additive (OJ L 256, 29.9.2009, p. 12).

      (3)  Commission Implementing Regulation (EU) No 427/2013 of 8 May 2013 concerning the authorisation of selenomethionine produced by Saccharomyces cerevisiae NCYC R646 as a feed additive for all animal species and amending Regulations (EC) No 1750/2006, (EC) No 634/2007 and (EC) No 900/2009 as regards the maximum supplementation with selenised yeast (OJ L 127, 9.5.2013, p. 20).

      (4)  EFSA Journal 2017;15(7):4937.


title: Commission Implementing Regulation (EU) 2017/2231 of 4 December 2017 amending Implementing Regulation (EU) 2016/329 as regards the name of the holder of the authorisation of 6-phytase (Text with EEA relevance. )

text:
               5.12.2017

               EN

               Official Journal of the European Union

               L 319/28

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2231
   of 4 December 2017
   amending Implementing Regulation (EU) 2016/329 as regards the name of the holder of the authorisation of 6-phytase
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 13(3) thereof,
   Whereas:

               (1)

               Kaesler Nutrition GmbH has submitted an application in accordance with Article 13(3) of Regulation (EC) No 1831/2003 proposing to change the name of the holder of the authorisation stated in Commission Implementing Regulation (EU) 2016/329 (2).

               (2)

               Lohmann Animal Nutrition GmbH, the holder of the authorisation for the feed additive 6-phytase, changed its business name into ‘Kaesler Nutrition GmbH’ with effect from 3 July 2017. The applicant has submitted relevant data supporting its request.

               (3)

               The proposed change of the holder of the authorisation is purely administrative in nature and does not entail a fresh assessment of the additives concerned. The European Food Safety Authority was informed of the application.

               (4)

               In order to enable Kaesler Nutrition GmbH to exploit its marketing rights, it is necessary to change the name of the holder in the authorisation. Implementing Regulation (EU) 2016/329 should therefore be amended accordingly.

               (5)

               Since safety reasons do not require the immediate application of the amendments provided for by this Regulation, it is appropriate to provide for a transitional period during which the feed additive 6-phytase, as well as premixtures and compound feed containing that feed additive, which are in conformity with the provisions applying before the date of entry into force of this Regulation may continue to be placed on the market and used until the existing stocks are exhausted.

               (6)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment to Implementing Regulation (EU) 2016/329
   Implementing Regulation (EU) 2016/329 is amended as follows:

               (1)

               in the title, the words ‘holder of the authorisation Lohmann Animal Nutrition GmbH’, are replaced by the words ‘holder of the authorisation Kaesler Nutrition GmbH’;

               (2)

               in the Annex, in the second column of the table, entitled ‘Name of the holder of authorisation’, the words ‘Lohmann Animal Nutrition GmbH’ are replaced by the words ‘Kaesler Nutrition GmbH’.

         Article 2
   Transitional measures
   The feed additive 6-phytase as set out in the Annex to Implementing Regulation (EU) 2016/329, as well as premixtures and compound feed containing that additive, which are produced and labelled before 25 December 2017 in accordance with the rules applicable before 25 December 2017 may continue to be placed on the market and used until the existing stocks are exhausted.
   Article 3
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation is binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 December 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 268, 18.10.2003, p. 29.

      (2)  Commission Implementing Regulation (EU) 2016/329 of 8 March 2016 concerning the authorisation of 6-phytase as a feed additive for all avian species and for weaned piglets, pigs for fattening, sows and minor porcine species (holder of authorisation Lohmann Animal Nutrition GmbH) (OJ L 62, 9.3.2016, p. 5).