title: Commission Implementing Regulation (EU) 2020/736 of 2 June 2020 amending Regulation (EC) No 474/2006 as regards the list of air carriers banned from operating or subject to operational restrictions within the Union (Text with EEA relevance)

text:
                  3.6.2020

                  EN

                  Official Journal of the European Union

                  L 172/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/736
         of 2 June 2020
         amending Regulation (EC) No 474/2006 as regards the list of air carriers banned from operating or 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 transport 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) establishes the list of air carriers which are subject to an operating ban within the Union.

                     (2)

                     Certain Member States and the European Union Aviation Safety Agency (‘the Agency’) communicated to the Commission, pursuant to Article 4(3) of Regulation (EC) No 2111/2005, information that is relevant for updating that list. Third countries and international organisations also provided relevant information. On the grounds of the information provided, 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 of 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 in Annex A or B to Regulation (EC) No 474/2006.

                     (4)

                     The Commission gave the air carriers concerned the opportunity to consult all relevant documentation, to submit written comments and to make an oral presentation to the Commission and to the Committee established by Regulation (EC) No 2111/2005 (the ‘EU Air Safety Committee’).

                     (5)

                     The Commission has informed the EU Air Safety Committee about the ongoing joint consultations, within the framework of Regulation (EC) No 2111/2005 and Commission Regulation (EC) No 473/2006 (3), with the competent authorities and air carriers of Armenia, Congo (Brazzaville), Democratic Republic of Congo, the Dominican Republic, Equatorial Guinea, Kazakhstan, Kyrgyzstan, Libya, Nepal and Sierra Leone. The Commission also informed the EU Air Safety Committee about the aviation safety situation in Angola, Belarus, Indonesia, Nigeria and Russia.

                     (6)

                     The Agency informed the Commission and the EU Air Safety Committee about the technical assessments conducted for the initial evaluation and the continuous monitoring of Third Country Operator ('TCO') authorisations, issued pursuant to Commission Regulation (EU) No 452/2014 (4).

                     (7)

                     The Agency also informed the Commission and the EU Air Safety Committee about 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, the Agency informed the Commission and the EU Air Safety Committee about the technical assistance projects carried out in third countries affected by an operating ban under Regulation (EC) No 474/2006. Furthermore, the Agency provided information on the plans and requests for further technical assistance and cooperation to improve the administrative and technical capability of civil aviation authorities in third countries with a view to helping them resolve non-compliance with applicable international civil aviation safety standards. Member States were invited to respond to such requests on a bilateral basis in coordination with the Commission and the Agency. In that regard, the Commission reiterated the usefulness of providing information to the international aviation community, particularly through the International Civil Aviation Organisation's (‘ICAO’) Aviation Safety Implementation Assistance Partnership tool, on technical assistance to third countries provided by the Union and Member States to improve aviation safety around the world.

                     (9)

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

            Union air carriers

                     (10)

                     Following the Agency’s analysis of information resulting from ramp inspections carried out on the aircraft of Union air carriers and from standardisation inspections carried out by the Agency, 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 EU Air Safety Committee about those measures.

                     (11)

                     Member States reiterated their readiness to act as necessary in the event that the relevant safety information indicates imminent safety risks as a consequence of a lack of compliance by Union air carriers with the relevant safety standards. In this regard, Bulgaria informed the Commission and the EU Air Safety Committee about actions it had taken with regard to the air carriers certified in Bulgaria.

            Air carriers from Armenia

                     (12)

                     Air carriers from Armenia have never been included in Annex A or B to Regulation (EC) No 474/2006.

                     (13)

                     In October 2019, the Commission informed the Civil Aviation Committee of Armenia ('CAC') about certain safety concerns related to the air carriers certified by the CAC.

                     (14)

                     Following the appearance of the CAC before the EU Air Safety Committee in November 2019, from 3 to 7 February 2020 experts from the Commission, the Agency and Member States (the ‘assessment team’) conducted a Union on-site assessment visit in Armenia at the offices of the CAC and at the offices of two air carriers certified in Armenia, namely Aircompany Armenia and Armenia Airways.

                     (15)

                     It is clear from the assessment visit report that the CAC has a systemic weakness in terms of personnel management, as evidenced by a lack of procedures to determine manpower requirements, a lack of procedures and methodology for determining staff training requirements, as well as their effective implementation, and a lack of documented job descriptions for several of the CAC occupied and outsourced functions.

                     (16)

                     With specific regard to staff training, the assessment visit report notes the seriousness of the identified deficiencies in terms of the CAC’s effective capacity to properly conduct the certification process and oversight of the air carriers certified in Armenia.

                     (17)

                     Furthermore, it is clear from the assessment visit report that the CAC lacks the quality management function needed to oversee the administration and transposition of legal, regulatory, and technical requirements into an effective organisational structure and business processes.

                     (18)

                     With specific regard to the CAC Flight Operations Department, the assessment visit report notes the lack of a structured document management system whereby certification traceability can be assured, and as a consequence CAC was unable to provide requested evidence of activities performed as part of the initial Air Operator Certificate ('AOC') certification for its certified air carriers.

                     (19)

                     With specific regard to the CAC Airworthiness Department, the assessment visit report notes the existence of an oversight plan to oversee the continuing airworthiness organisations of the air carriers and the approved maintenance organisations it certifies.

                     (20)

                     The assessment visit report also notes evidence of ineffective oversight as the visit to the air carriers revealed several issues in the undertakings, which should have been detected by the CAC as part of its oversight obligations.

                     (21)

                     On the basis of the outcome of the Union on-site assessment visit, the Commission invited CAC to a hearing before the EU Air Safety Committee on 12 May 2020. The air carriers Aircompany Armenia, Atlantis Armenian Airlines, Atlantis European Airways, Armenia Airways, Armenian Helicopters, and Skyball were also heard by the EU Air Safety Committee on that occasion.

                     (22)

                     At the hearing, CAC informed the EU Air Safety Committee about the safety improvement measures enacted since appearing before the EU Air Safety Committee in November 2019, and emphasised its commitment to pursue these and additional efforts to further improve safety oversight in Armenia. Specific note was made of the support given by the Armenian Government to CAC in this regard. Furthermore, the extensive efforts made to enable technical assistance and cooperation with other States and international organisations were highlighted during the hearing.

                     (23)

                     In relation to the assessment visit report observations, CAC provided details with respect to the measures taken following the Union on-site assessment visit regarding the CAC organisational structure. Specific mention was made to measures related to the improvement of the personnel management, improvements as regards the CAC Flight Operations Department and of its AOC certification process, as well as the training of the CAC inspectors. Furthermore, CAC provided details with respect to efforts being undertaken for the development of an Integrated Management Manual and an internal Electronic Document Management System.

                     (24)

                     The EU Air Safety Committee’s attention was specifically drawn to the efforts being undertaken to initiate, in cooperation with the Commission and EU Member States, a recertification of all the air carriers certified in Armenia, in combination with relevant on-the-job training support for its staff.

                     (25)

                     In addition, CAC underlined the results of the efforts made to revoke AOCs from Armenian certified air carriers no longer deemed to be compliant with international aviation safety standards.

                     (26)

                     The Commission and the EU Air Safety Committee acknowledge that the current situation is the result of a long period of inefficiency and neglect. Also, the Commission and the EU Air Safety Committee acknowledge the efforts made, and encourage CAC to pursue those efforts. They note the importance of the Armenian government’s commitment in this regard, and equally conveyed commitment to support and cooperate with CAC with its efforts. The Commission and the EU Air Safety Committee positively note the personal capability and commitment of the Chair of CAC in pursuing these efforts.

                     (27)

                     Nonetheless, on the basis of all available evidence, including notably from the Union on-site assessment visit, it has to be concluded that the CAC capabilities to oversee the aviation activities in Armenia are insufficient and not complying with the applicable minimum international safety standards. Significant further improvement of CAC capabilities will be necessary in order to address the current safety deficiencies. Currently, due to the significant deficiencies identified at the level of the personnel management, staff training, quality management function, combined with the inadequate certification activities and the ineffective oversight of air carriers, it is demonstrated that CAC does not have a sufficient ability to implement the relevant international safety standards, and its oversight capability cannot ensure that the operations of the air carriers that it has certified are continuously conducted in compliance with the relevant international safety standards.

                     (28)

                        Aircompany Armenia, operates a fleet of two Boeing B737 aircraft. According to the company’s statement, it is closely linked to Georgian Airways, an air carrier certified in Georgia with which Aircompany Armenia has established strong administrative and operational arrangements. In this respect, the Union on-site assessment visit found that Aircompany Armenia pilot training has been conducted in accordance with Georgian Airways procedures instead of its own procedures.

                     (29)

                     The Union on-site assessment visit found that Aircompany Armenia has staff knowledgeable with systems and manuals in place to manage the various operations. Most of the issues or shortcomings identified during the visit are related to the clarity of procedures and control over the sub-contracted activities, which are mostly conducted by Georgian Airways.

                     (30)

                     However, it is clear that Aircompany Armenia’s compliance monitoring system needs to be further developed, in order to ensure identification of non-compliance with national regulations and with the provisions of the approved operations manual, including in relation with the record keeping system.

                     (31)

                     During the hearing before the EU Air Safety Committee, Aircompany Armenia provided details with respect to the measures taken to address the observations and recommendations of the Union on-site assessment visit, stating that six out of seven observations have been addressed. However, no evidence was provided to this effect.

                     (32)

                        Atlantis Armenian Airlines, is an Armenian air carrier which operates one Let L-410 aircraft. During the hearing, the air carrier gave an overview of the company, including the available resources, the development plan of its fleet, its Safety Management System (‘SMS’), and its Flight Data Monitoring Program.

                     (33)

                        Atlantis European Airways operates a fleet of three Airbus A320 aircraft. During the hearing, the air carrier presented the company mission, the organisational structure, the training plan for its personnel and the SAFA results of the last year. In addition, information was provided about the air carrier’s EASA TCO audit results.

                     (34)

                        Armenia Airways is an Armenian certified air carrier with a fleet of one British Aerospace Bae-146-300 aircraft.

                     (35)

                     During the Union on-site assessment visit, the assessment team identified several deficiencies that require immediate attention, namely as regards recording and tracking of audits and audit findings. The assessment team also found evidence of the Quality Management System’s ineffectiveness, and considering the development plans of Armenia Airways, efforts should be made to establish a fully functional compliance monitoring system to identify any shortcomings which may affect the operations, and to ensure compliance with the approved operations manual. Special attention should be given to the training of pilots, to ensure competency of its crews.

                     (36)

                     During the hearing, Armenia Airways gave an overview of the air carrier and presented the measures taken following the Union on-site assessment visit. According to the information delivered during the hearing, all the observations raised by the assessment team have been addressed, except two, with which the air carrier did not agree. However, no evidence was provided to this effect.

                     (37)

                        Armenian Helicopters is an Armenian private helicopter air carrier, which operates domestic and international charter flights, as well as medical emergency transportation. During the hearing, the air carrier presented the structure and functioning of its SMS.

                     (38)

                        Skyball is an Armenian air carrier operating one hot air balloon. During the hearing the air carrier gave an overview of its organisation and activities, including information related to its SMS.

                     (39)

                     None of the information or evidence provided by any of the air carriers before or during the hearing provided the Commission and the EU Air Safety Committee with the assurance that the lack of safety oversight by CAC could be mitigated through the air carriers’ own compliance and safety systems.

                     (40)

                     In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that at this stage with respect to air carriers from Armenia there are grounds for amending the list of air carriers which are subject to an operating ban within the Union, and to include all air carriers certified in Armenia in Annex A to Regulation (EC) No 474/2006.

                     (41)

                     Through prioritisation of ramp inspections of all air carriers certified in Armenia, pursuant to Regulation (EU) No 965/2012, Member States should continue verifying the effective compliance of air carriers certified in Armenia with the relevant international safety standards.

            Air carriers from Congo (Brazzaville)

                     (42)

                     Air carriers from Congo (Brazzaville) were included in Annex A to Regulation (EC) No 474/2006 in 2009 (6).

                     (43)

                     By letter of 19 December 2019, the Commission requested from the Agence Nationale de l'Aviation Civile du Congo (Brazzaville) (‘ANAC Congo’) a list of documents concerning its structure, oversight system and activities, including enforcement measures taken since 2017, as well as the current list of AOC holders and registered aircraft.

                     (44)

                     On 5 February 2020, ANAC Congo provided the requested information. ANAC Congo also informed the Commission that, since the last update it provided to the Commission, the AOCs of the air carriers Aero Service, Emeraude, Equatorial Congo Airlines S.A. and Mistral Aviation had been revoked, and that the new air carrier Société Nouvelle Air Congo (AOC No. CG-CTA 004) had been certified. ANAC Congo did not provide evidence that the safety oversight of this air carrier is ensured in compliance with international safety standards. Since ANAC Congo has not demonstrated that it has a sufficient ability to implement and enforce the relevant safety standards, the issuance of AOC to this new air carrier does not guarantee sufficient compliance with international safety standards.

                     (45)

                     The Commission notes that the ICAO Coordinated Validation Mission that took place in June 2019 reported that the effective implementation of international safety standards in Congo (Brazzaville) has increased to 66,99 %. Although ANAC Congo has made clear progress in its safety oversight capabilities, that progress should be verified during a Union on-site assessment visit to ANAC Congo and to selected air carriers certified in Congo (Brazzaville), before any decision with respect to removing an operating ban within the Union is considered.

                     (46)

                     In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that the list of air carriers from Congo (Brazzaville), which are subject to an operating ban within the Union, should be amended to include Société Nouvelle Air Congo in Annex A to Regulation (EC) No 474/2006 and to remove Aero Service, Emeraude, Equatorial Congo Arlines S.A. and Mistral Aviation from that Annex.

                     (47)

                     Through prioritisation of ramp inspections of all air carriers certified in Congo (Brazzaville), pursuant to Regulation (EU) No 965/2012, Member States should continue verifying the effective compliance of air carriers certified in Congo Brazzaville with the relevant international safety standards.

            Air carriers from the Democratic Republic of Congo

                     (48)

                     Air carriers from the Democratic Republic of Congo were included in Annex A to Regulation (EC) No 474/2006 in 2006 (7).

                     (49)

                     As part of its continuous monitoring activities, on 22 April 2020 the Commission requested the Autorité de l’Aviation Civile of the Democratic Republic of Congo (‘AAC/RDC’) to provide a list of all AOC holders certified in the Democratic Republic of Congo.

                     (50)

                     On 6 May 2020, AAC/RDC informed the Commission that the new air carrier Mwant Jet (AOC No. AAC/DG/OPS-09/09) had been certified since the last update it provided to the Commission. On 13 May 2020, it also informed that the air carriers Air Tropiques, Blue Airlines, Blue Sky, Dakota, Korongo Airlines, Mango Airlines, Serve Air, and Will Airlift had ceased their flight operations, without having ever held an AOC. It also informed the Commission that the air carriers Air Kasai, Doren Air Congo, Gomair, Transair Cargo Services do not hold an AOC and that they are now engaged in the process of certification. Finally, it has informed the Commission that the name of the air carrier Services Air had changed and that the air carrier holds now an AOC under the name Serve Air Cargo. Since AAC/RDC has not demonstrated that it has a sufficient ability to implement and enforce the relevant safety standards, the issuance of an AOC to this new air carrier does not guarantee sufficient compliance with international safety standards.

                     (51)

                     In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that the list of air carriers from the Democratic Republic of Congo, which are subject to an operating ban within the Union, should be amended to include Mwant Jet and Serve Air Cargo in Annex A to Regulation (EC) No 474/2006, and to remove Air Tropiques, Blue Airlines, Blue Sky, Dakota, Korongo airlines, Mango Airlines, Will Airlift, Air Kasai, Doren Air Congo, Gomair, Transair Cargo Services, Serve Air and Services Air from that Annex.

                     (52)

                     Through prioritisation of ramp inspections of all air carriers certified in the Democratic Republic of Congo, pursuant to Regulation (EU) No 965/2012, Member States should continue verifying the effective compliance of air carriers certified in the Democratic Republic of Congo with the relevant international safety standards.

            Air carriers from the Dominican Republic

                     (53)

                     Air carriers from the Dominican Republic have never been included in Annex A or B to Regulation (EC) No 474/2006.

                     (54)

                     On 15 April 2019, further to safety deficiencies identified by the Agency in the framework of the TCO authorisation process and based on the analysis of ramp inspections carried out under the SAFA programme, pursuant to Article 3(2) of Regulation (EC) No 473/2006 the Commission opened consultations with the Instituto Dominicano de Aviación Civil ('IDAC').

                     (55)

                     From 27 to 31 January 2020 experts from the Commission, the Agency and Member States (the ‘assessment team’) conducted a Union on-site assessment visit in the Dominican Republic at the offices of IDAC.

                     (56)

                     IDAC appears as a well organised, satisfactorily staffed and adequately funded organisation, which since 2018 has started implementing modern aviation safety management techniques, with a safety management or performance-based approach, to complement the more traditional regulatory compliance-based oversight activities. The legislative framework (Aviation Law and technical regulations – RAD) appears to duly integrate all areas covered by the Annexes to the Convention on International Civil Aviation, signed in Chicago on 7 December 1944, and are regularly amended.

                     (57)

                     The assessment team concluded that IDAC has the capabilities to oversee the aviation activities in the Dominican Republic. Although a number of improvements in IDAC are necessary as far as the effectiveness of enforcement is concerned, the assessment team did not identify any immediate safety concern at the moment of the visit, neither from what it reviewed in the IDAC offices nor from what it observed during visits to a number of air carriers. However, the assessment team found that currently IDAC does not classify the findings with regard to criticality for aviation safety, and thus findings (with any level of impact on safety), as well as mere remarks, are managed in the same way during the follow-up process. Therefore, it could not be demonstrated that IDAC or the affected air carriers ensure an adequate prioritisation of safety-critical findings.

                     (58)

                     Whereas that situation has a potentially detrimental effect on enforcement, the strong points of the system, in terms of resources and regulations, indicate that the conditions for future improvement are present, whilst the weaknesses identified do not show any critical feature that can block such improvement.

                     (59)

                     On 15 April 2020, IDAC sent to the Commission an action plan to address the shortcomings observed and reported by the assessment team. The Commission considers that the planned actions, if duly implemented within the proposed timeframe, should solve the issues identified. IDAC should provide regular updates to the Commission on the progress of implementation of those planned actions.

                     (60)

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

                     (61)

                     Through prioritisation of ramp inspections of all air carriers certified in the Dominican Republic, pursuant to Regulation (EU) No 965/2012, Member States should continue verifying the effective compliance of air carriers certified in the Dominican Republic with the relevant international safety standards.

                     (62)

                     If any relevant safety information indicates that there are imminent safety risks as a consequence of a lack of compliance with international safety standards, the Commission might be obliged to take further action in accordance with Regulation (EC) No 2111/2005.

            Air carriers from Equatorial Guinea

                     (63)

                     Air carriers from Equatorial Guinea were included in Annex A to Regulation (EC) No 474/2006 in 2006 (8).

                     (64)

                     Following the Union on-site assessment visit that took place in October 2017, and the hearing at the EU Air Safety Committee of November 2017, in December 2018 Autoridad Aeronáutica de Guinea Ecuatorial ('AAGE') expressed to the Commission its interest in re-opening a dialogue on amending Annex A to Regulation (EC) No 474/2006 with respect to all air carriers certified in Equatorial Guinea.

                     (65)

                     Upon request, AAGE submitted to the Commission information on the improvements undertaken to its safety oversight system. Based on information received, the Commission notes the progress made, however certain deficiencies on fundamental issues, such as root cause analysis, a key component to prevent the re-apparition of non-conformities, are still present.

                     (66)

                     On 10 March 2020, the Commission, the Agency, Member States and representatives of AAGE held a technical meeting, during which AAGE provided information on its oversight activities and on the progress of the corrective action plan elaborated in 2017. In addition, AAGE informed the Commission that the operational fleets of respectively Ceiba Intercontinental and Cronos Airlines have been reduced to one mid-sized aircraft each.

                     (67)

                     As the currently available information is insufficient to remove doubts about existing deficiencies, a new Union on-site assessment visit to further verify the capacity of Equatorial Guinea to ensure effective safety oversight should be organised.

                     (68)

                     Based on information currently available, in accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that at this stage with respect to air carriers from Equatorial Guinea there are no grounds for amending the list of air carriers, which are subject to an operating ban within the Union.

                     (69)

                     Through prioritisation of ramp inspections of all air carriers certified in Equatorial Guinea, pursuant to Regulation (EU) No 965/2012, Member States should continue verifying the effective compliance of air carriers certified in Equatorial Guinea with the relevant international safety standards.

            Air carriers from Kazakhstan

                     (70)

                     Air carriers from Kazakhstan were removed from Annex A to Regulation (EC) No 474/2006 in 2016 (9) .

                     (71)

                     As part of the continuous monitoring activities following Kazakhstan’s removal from the Air Safety list, the Commission, by letter of 10 February 2020, informed the Civil Aviation Committee of Kazakhstan ('CAC KZ') about certain safety concerns related to the air carriers certified by CAC KZ, in particular regarding to BEK Air.

                     (72)

                     On 28 February 2020, CAC KZ and the Aviation Administration of Kazakhstan Joint Stock Company (‘AAK’) informed the Commission about the oversight activities performed in respect of the air carriers certified in Kazakhstan during the past three years, as well as about the oversight conducted in respect of the air carrier BEK Air. In this context, the Commission requested the evidence of Kazakhstan’s continued capacity to ensure effective safety oversight.

                     (73)

                     With specific regard to the air carrier BEK Air, on 21 April 2020, the AOC of this air carrier has been revoked. The AOC of another air carrier, Azee Air, has been suspended pending further oversight activities.

                     (74)

                     Whilst acknowledging the recent steps taken by AAK to enhance its safety oversight capacity, the Commission has, on the basis of the analysis of the documentation and information provided, decided to open consultations with CAC KZ and AAK in accordance with Article 3(2) of Regulation (EC) No 473/2006.

                     (75)

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

                     (76)

                     Through prioritisation of ramp inspections of all air carriers certified in Kazakhstan, pursuant to Regulation (EU) No 965/2012, Member States should continue verifying the effective compliance of air carriers certified in Kazakhstan with the relevant international safety standards.

                     (77)

                     If any relevant safety information indicates that there are imminent safety risks as a consequence of a lack of compliance with international safety standards, the Commission might be obliged to take further action, in accordance with Regulation (EC) No 2111/2005.

            Air carriers from Kyrgyzstan

                     (78)

                     Air carriers from Kyrgyzstan were included in Annex A to Regulation (EC) No 474/2006 in 2006 (10).

                     (79)

                     On 2 August 2019, the Commission requested from the Civil Aviation Agency of the Kyrgyz Republic (‘CAA KG’) a list of documents concerning its structure, oversight system and activities, including enforcement measures taken since 2017, as well as the current list of AOC holders and registered aircraft.

                     (80)

                     On 10 September 2019, CAA KG provided the requested information. CAA KG also informed the Commission that, since the last update provided to the Commission, the AOCs of the air carriers Air Bishkek, Central Asian Aviation Services (Caas), Heli Sky, Air Kyrgyzstan, Manas Airways, S Group International, Sky Bishkek, Sky Way Air, and Valor Air have been revoked, and that the new air carrier Air Company Air KG (AOC No. 50) has been certified. Since CAA KG has not demonstrated that it has a sufficient ability to implement and enforce the relevant safety standards, the issuance of an AOC to this new air carrier does not guarantee sufficient compliance with international safety standards.

                     (81)

                     In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that the list of air carriers from Kyrgyzstan, which are subject to an operating ban within the Union, should be amended to include Air Company Air KG in Annex A to Regulation (EC) No 474/2006, and to remove Air Bishkek, Central Asian Aviation Services (Caas), Heli Sky, Air Kyrgyzstan, Manas Airways, S Group International, Sky Bishkek, Sky Way Air, and Valor Air from that Annex.

                     (82)

                     Through prioritisation of ramp inspections of all air carriers certified in Kyrgyzstan, pursuant to Regulation (EU) No 965/2012, Member States should continue verifying the effective compliance of air carriers certified in Kyrgyzstan with the relevant international safety standards.

            Air carriers from Libya

                     (83)

                     Air carriers from Libya were included in Annex A to Regulation (EC) No 474/2006 in 2014 (11).

                     (84)

                     As part of its continuous monitoring activities, on 22 April 2020 the Commission requested the Libyan Civil Aviation Authority (‘LCAA’) to provide a list of all AOC holders certified in Libya.

                     (85)

                     On 4 May 2020, LCAA informed the Commission that the AOC of the air carrier Ghadames Air Transport has been revoked, and that the new air carriers Al Maha Aviation (AOC No. 030/18) and Libyan Wings Airlines JSC (AOC No. 029/15) have been certified. Since LCAA has not demonstrated a sufficient ability to implement and enforce the relevant safety standards, the issuance AOCs to those new air carriers does not guarantee sufficient compliance with international safety standards.

                     (86)

                     In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that with respect to air carriers from Libya the list of air carriers which are subject to an operating ban within the Union, should be amended to include Al Maha Aviation and Libyan Wings Airlines JSC in Annex A to Regulation (EC) No 474/2006, and to remove Ghadames Air Transport from that Annex.

                     (87)

                     Through prioritisation of ramp inspections of all air carriers certified in Libya, pursuant to Regulation (EU) No 965/2012, Member States should continue verifying the effective compliance of air carriers certified in Libya with the relevant international safety standards.

            Air carriers from Nepal

                     (88)

                     Air carriers from Nepal were included in Annex A to Regulation (EC) No 474/2006 in 2013 (12).

                     (89)

                     As part of its continuous monitoring activities, on 22 April 2020 the Commission requested the Civil Aviation Authority of Nepal (‘CAAN’) to provide a list of all AOC holders certified in Nepal.

                     (90)

                     On 3 May 2020, CAAN informed the Commission that the AOC of the air carrier Air Kasthamandap has been revoked, and that the new air carriers Heli Everest (AOC No. 086/2016) and Kailash Helicopter Services (AOC No. 087/2018) have been certified. They also informed that Muktinath Airlines has changed its name into Prabhu Helicopters. Since CAAN has not demonstrated a sufficient ability to implement and enforce the relevant safety standards, the issuance of AOCs to those new air carriers does not guarantee sufficient compliance with international safety standards.

                     (91)

                     In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that with respect to air carriers from Nepal the list of air carriers which are subject to an operating ban within the Union, should be amended to include Heli Everest and Kailash Helicopter Services in Annex A to Regulation (EC) No 474/2006, and to remove Air Kasthamandap from that Annex.

                     (92)

                     Through prioritisation of ramp inspections of all air carriers certified in Nepal, pursuant to Regulation (EU) No 965/2012, Member States should continue verifying the effective compliance of air carriers certified in Nepal with the relevant international safety standards.

            Air carriers from Sierra Leone

                     (93)

                     Air carriers from Sierra Leone were included in Annex A to Regulation (EC) No 474/2006 in 2006 (13).

                     (94)

                     As part of its continuous monitoring activities, on 22 April 2020 the Commission requested the Sierra Leone Civil Aviation Authority (‘SLCAA’) to provide a list of all AOC holders certified in Sierra Leone.

                     (95)

                     On 2 May 2020, SLCAA informed the Commission that the AOCs of the air carriers Air Rum, Destiny air Services, Heavylift Cargo, Orange Air Sierra Leone, Paramount Airlines, Seven Four Eight Air Services and Teebah Airways have been revoked, and that currently there are no AOC holders in Sierra Leone.

                     (96)

                     Since SLCAA has not demonstrated that it has a sufficient ability to implement and enforce the relevant safety standards, the issuance of AOCs to any new air carriers does not guarantee sufficient compliance with international safety standards.

                     (97)

                     In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that the list of air carriers from Sierra Leone, which are subject to an operating ban within the Union, should be amended to remove the air carriers Air Rum, Destiny Air Services, Heavylift Cargo, Orange Air Sierra Leone, Paramount Airlines, Seven Four Eight Air Services, and Teebah Airways from Annex A to Regulation (EC) No 474/2006.

                     (98)

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

                     (99)

                     Articles 5 and 6 of Regulation (EC) No 2111/2005 recognise the need for decisions to be taken swiftly and, where appropriate, urgently, given the safety implications. It is therefore essential, for the protection of sensitive information and the traveling public, that the decisions in the context of updating the list of air carriers, which are subject to an operating ban or restriction within the Union, are published and enter into force immediately after their adoption.

                     (100)

                     The measures provided for in this Regulation are in accordance with the opinion of the EU Air Safety Committee established by Regulation (EC) No 2111/2005,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Regulation (EC) No 474/2006 is amended as follows:

                        (1)

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

                        (2)

                        Annex B is replaced by the text 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, 2 June 2020.

                  For the Commission,

                  On behalf of the President,

               Adina VĂLEAN

                  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)  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).

            (4)  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).

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

            (6)  Commission Regulation (EC) No 1144/2009 of 26 November 2009 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (OJ L 312, 27.11.2009, p. 16).

            (7)  Commission Regulation (EC) No 910/2006 of 20 June 2006 amending Regulation (EC) No 474/2006 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 168, 21.6.2006, p. 16).

            (8)  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).

            (9)  Commission Implementing Regulation (EU) No 2016/2214 of 8 December 2016 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are subject to an operating ban within the Union (OJ L 334, 9.12.2016, p. 6).

            (10)  Commission Regulation (EC) No 1543/2006 of 12 October 2006 amending Regulation (EC) No 474/2006 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 and as amended by Regulation (EC) No 910/2006 (OJ L 283 14.10.2006, p. 27).

            (11)  Commission Implementing Regulation (EU) No 1318/2014 of 11 December 2014 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (OJ L 355, 12.12.2014, p. 8).

            (12)  Commission Implementing Regulation (EU) No 1264/2013 of 3 December 2013 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (OJ L 326, 6.12.2013, p. 7).

            (13)  Commission Regulation (EC) No 910/2006 of 20 June 2006 amending Regulation (EC) No 474/2006 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 168, 21.6.2006, p. 16).

            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

                                 Iran

                                    IRAQI AIRWAYS

                                 001

                                 IAW

                                 Iraq

                                    MED-VIEW AIRLINE

                                 MVA/AOC/10-12/05

                                 MEV

                                 Nigeria

                                    AIR ZIMBABWE (PVT)

                                 177/04

                                 AZW

                                 Zimbabwe

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

                                    Afghanistan

                                    ARIANA AFGHAN AIRLINES

                                 AOC 009

                                 AFG

                                 Afghanistan

                                    KAM AIR

                                 AOC 001

                                 KMF

                                 Afghanistan

                                    All air carriers certified by the authorities with responsibility for regulatory oversight of Angola, with the exception of TAAG Angola Airlines and Heli Malongo, including

                                    Angola

                                    AEROJET

                                 AO-008/11-07/17 TEJ

                                 TEJ

                                 Angola

                                    GUICANGO

                                 AO-009/11-06/17 YYY

                                 Unknown

                                 Angola

                                    AIR JET

                                 AO-006/11-08/18 MBC

                                 MBC

                                 Angola

                                    BESTFLYA AIRCRAFT MANAGEMENT

                                 AO-015/15-06/17YYY

                                 Unknown

                                 Angola

                                    HELIANG

                                 AO 007/11-08/18 YYY

                                 Unknown

                                 Angola

                                    SJL

                                 AO-014/13-08/18YYY

                                 Unknown

                                 Angola

                                    SONAIR

                                 AO-002/11-08/17 SOR

                                 SOR

                                 Angola

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

                                    Armenia

                                    AIRCOMPANY ARMENIA

                                 AM AOC 065

                                 NGT

                                 Armenia

                                    ARMENIA AIRWAYS

                                 AM AOC 063

                                 AMW

                                 Armenia

                                    ARMENIAN HELICOPTERS

                                 AM AOC 067

                                 KAV

                                 Armenia

                                    ATLANTIS ARMENIAN AIRLINES

                                 AM AOC 068

                                 AEU

                                 Armenia

                                    ATLANTIS EUROPEAN AIRWAYS

                                 AM AOC 017

                                 LUR

                                 Armenia

                                    MARS AVIA

                                 AM AOC 066

                                 MRS

                                 Armenia

                                    SKYBALL

                                 AM AOC 069

                                 N/A

                                 Armenia

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

                                    Congo (Brazzaville)

                                    CANADIAN AIRWAYS CONGO

                                 CG-CTA 006

                                 Unknown

                                 Congo (Brazzaville)

                                    EQUAFLIGHT SERVICES

                                 CG-CTA 002

                                 EKA

                                 Congo (Brazzaville)

                                    EQUAJET

                                 RAC06-007

                                 EKJ

                                 Congo (Brazzaville)

                                    TRANS AIR CONGO

                                 CG-CTA 001

                                 TSG

                                 Congo (Brazzaville)

                                    SOCIETE NOUVELLE AIR CONGO

                                 CG-CTA 004

                                 Unknown

                                 Congo (Brazzaville)

                                    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

                                 AAC/DG/OPS-09/03

                                 Unknown

                                 Democratic Republic of Congo (DRC)

                                    AIR KATANGA

                                 AAC/DG/OPS-09/08

                                 Unknown

                                 Democratic Republic of Congo (DRC)

                                    BUSY BEE CONGO

                                 AAC/DG/OPS-09/04

                                 Unknown

                                 Democratic Republic of Congo (DRC)

                                    COMPAGNIE AFRICAINE D’AVIATION (CAA)

                                 AAC/DG/OPS-09/02

                                 Unknown

                                 Democratic Republic of Congo (DRC)

                                    CONGO AIRWAYS

                                 AAC/DG/OPS-09/01

                                 Unknown

                                 Democratic Republic of Congo (DRC)

                                    KIN AVIA

                                 AAC/DG/OPS-09/10

                                 Unknown

                                 Democratic Republic of Congo (DRC)

                                    MALU AVIATION

                                 AAC/DG/OPS-09/05

                                 Unknown

                                 Democratic Republic of Congo (DRC)

                                    SERVE AIR CARGO

                                 AAC/DG/OPS-09/07

                                 Unknown

                                 Democratic Republic of Congo (DRC)

                                    SWALA AVIATION

                                 AAC/DG/OPS-09/06

                                 Unknown

                                 Democratic Republic of Congo (DRC)

                                    MWANT JET

                                 AAC/DG/OPS-09/09

                                 Unknown

                                 Democratic Republic of Congo
                                 (RDC)

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

                                    Djibouti

                                    DAALLO AIRLINES

                                 Unknown

                                 DAO

                                 Djibouti

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

                                    Equatorial Guinea

                                    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 Kyrgyzstan, including

                                    Kyrgyzstan

                                    AIR COMPANY AIR KG

                                 50

                                 Unknown

                                 Kyrgyzstan

                                    AIR MANAS

                                 17

                                 MBB

                                 Kyrgyzstan

                                    AVIA TRAFFIC COMPANY

                                 23

                                 AVJ

                                 Kyrgyzstan

                                    SKY KG AIRLINES

                                 41

                                 KGK

                                 Kyrgyzstan

                                    TEZ JET

                                 46

                                 TEZ

                                 Kyrgyzstan

                                    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

                                    AL MAHA AVIATION

                                 030/18

                                 Unknown

                                 Libya

                                    BURAQ AIR

                                 002/01

                                 BRQ

                                 Libya

                                    GLOBAL AVIATION AND SERVICES

                                 008/05

                                 GAK

                                 Libya

                                    LIBYAN AIRLINES

                                 001/01

                                 LAA

                                 Libya

                                    LIBYAN WINGS AIRLINES

                                 029/15

                                 LWA

                                 Libya

                                    PETRO AIR

                                 025/08

                                 PEO

                                 Libya

                                    All air carriers certified by the authorities with responsibility for regulatory oversight of Moldova with the exception of Air Moldova, Fly One and Aerotranscargo, including

                                    Moldova

                                    Î.M “VALAN ICC” SRL

                                 MD009

                                 VLN

                                 Moldova

                                    CA "AIM AIR" SRL

                                 MD015

                                 AAM

                                 Moldova

                                    CA "AIR STORK" SRL

                                 MD018

                                 MSB

                                 Moldova

                                    Î M „MEGAVIATION” SRL

                                 MD019

                                 ARM

                                 Moldova

                                    CA "PECOTOX-AIR" SRL

                                 MD020

                                 PXA

                                 Moldova

                                    CA "TERRA AVIA" SRL

                                 MD022

                                 TVR

                                 Moldova

                                    CA "FLY PRO" SRL

                                 MD023

                                 PVV

                                 Moldova

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

                                    Nepal

                                    AIR DYNASTY HELI. S.

                                 035/2001

                                 Unknown

                                 Nepal

                                    ALTITUDE AIR

                                 085/2016

                                 Unknown

                                 Nepal

                                    BUDDHA AIR

                                 014/1996

                                 BHA

                                 Nepal

                                    FISHTAIL AIR

                                 017/2001

                                 Unknown

                                 Nepal

                                    SUMMIT AIR

                                 064/2010

                                 Unknown

                                 Nepal

                                    HELI EVEREST

                                 086/2016

                                 Unknown

                                 Nepal

                                    HIMALAYA AIRLINES

                                 084/2015

                                 HIM

                                 Nepal

                                    KAILASH HELICOPTER SERVICES

                                 087/2018

                                 Unknown

                                 Nepal

                                    MAKALU AIR

                                 057A/2009

                                 Unknown

                                 Nepal

                                    MANANG AIR PVT

                                 082/2014

                                 Unknown

                                 Nepal

                                    MOUNTAIN HELICOPTERS

                                 055/2009

                                 Unknown

                                 Nepal

                                    PRABHU HELICOPTERS

                                 081/2013

                                 Unknown

                                 Nepal

                                    NEPAL AIRLINES CORPORATION

                                 003/2000

                                 RNA

                                 Nepal

                                    SAURYA AIRLINES

                                 083/2014

                                 Unknown

                                 Nepal

                                    SHREE AIRLINES

                                 030/2002

                                 SHA

                                 Nepal

                                    SIMRIK AIR

                                 034/2000

                                 Unknown

                                 Nepal

                                    SIMRIK AIRLINES

                                 052/2009

                                 RMK

                                 Nepal

                                    SITA AIR

                                 033/2000

                                 Unknown

                                 Nepal

                                    TARA AIR

                                 053/2009

                                 Unknown

                                 Nepal

                                    YETI AIRLINES

                                 037/2004

                                 NYT

                                 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

                                    Sierra Leone

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

                                    Sudan

                                    ALFA AIRLINES SD

                                 54

                                 AAJ

                                 Sudan

                                    BADR AIRLINES

                                 35

                                 BDR

                                 Sudan

                                    BLUE BIRD AVIATION

                                 11

                                 BLB

                                 Sudan

                                    ELDINDER AVIATION

                                 8

                                 DND

                                 Sudan

                                    GREEN FLAG AVIATION

                                 17

                                 GNF

                                 Sudan

                                    HELEJETIC AIR

                                 57

                                 HJT

                                 Sudan

                                    KATA AIR TRANSPORT

                                 9

                                 KTV

                                 Sudan

                                    KUSH AVIATION CO.

                                 60

                                 KUH

                                 Sudan

                                    NOVA AIRWAYS

                                 46

                                 NOV

                                 Sudan

                                    SUDAN AIRWAYS CO.

                                 1

                                 SUD

                                 Sudan

                                    SUN AIR

                                 51

                                 SNR

                                 Sudan

                                    TARCO AIR

                                 56

                                 TRQ

                                 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

                                    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

                                    IRAN AIR

                                 FS100

                                 IRA

                                 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

                                 Iran

                                    AIR KORYO

                                 GAC-AOC/KOR-01

                                 KOR

                                 North Korea

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

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

                                 North 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.’


title: Commission Implementing Regulation (EU) 2020/690 of 17 December 2019 laying down rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council as regards the listed diseases subject to Union surveillance programmes, the geographical scope of such programmes and the listed diseases for which the disease-free status of compartments may be established (Text with EEA relevance) (Text with EEA relevance)

text:
                  3.6.2020

                  EN

                  Official Journal of the European Union

                  L 174/341

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/690
         of 17 December 2019
         laying down rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council as regards the listed diseases subject to Union surveillance programmes, the geographical scope of such programmes and the listed diseases for which the disease-free status of compartments may be established
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular point (a) of Article 30(1) and point (b) of the first subparagraph of Article 37(4) thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2016/429 lays down rules for the prevention and control of diseases which are transmissible to animals or humans, including rules for surveillance, eradication and granting of disease free-status at compartment level.

                     (2)

                     Regulation (EU) 2016/429 establishes a harmonised list of transmissible animal diseases (‘listed diseases’) which pose a risk to animal or public health in the Union, whether across the whole Union or only in parts.

                     (3)

                     Article 28 of Regulation (EU) 2016/429 provides for Union surveillance programmes for certain listed diseases. Article 30 of that Regulation provides for the determination by means of an implementing act which of the listed diseases are to be subject to Union surveillance programmes, including the geographical scope of such programmes.

                     (4)

                     Regulation (EU) 2016/429 repeals Council Directive 2005/94/EC (2) as from 21 April 2021. Directive 2005/94/EC provides for mandatory surveillance programmes for avian influenza in poultry and in wild birds. The mandatory surveillance programmes for avian influenza continue to be relevant to ensure a high level of surveillance across the Union due to the impact of highly pathogenic avian influenza on animal health. These programmes should also include the surveillance of certain areas with a heightened risk of mutation of low pathogenic avian influenza viruses to highly pathogenic avian influenza viruses. The surveillance of avian influenza also contributes to the knowledge on viruses posing a potential zoonotic risk. Therefore, this obligation should be reflected within the framework of Regulation (EU) 2016/429 by means of Union surveillance programmes for avian influenza.

                     (5)

                     Pursuant to the harmonised list of transmissible animal diseases in Regulation (EU) 2016/429, a distinction is made between highly pathogenic avian influenza and infection with low pathogenic avian influenza viruses. In order to ensure consistency, this distinction should be reflected in the scope of Union surveillance programmes.

                     (6)

                     Commission Delegated Regulation (EU) 2020/689 (3) lays down, amongst others, the criteria for establishing the listed diseases subject to Union surveillance programmes and the contents of such programmes. Highly pathogenic avian influenza and infection with low pathogenic avian influenza viruses conform with those criteria.

                     (7)

                     Article 37 of Regulation (EU) 2016/429 gives Member States the right to apply for recognition of the disease-free status of compartments for certain listed diseases referred to in points (a), (b) and (c) of Article 9(1) of that Regulation. An implementing act should determine for which of these listed diseases the disease-free status of compartments may be established.

                     (8)

                     Regulation (EU) 2016/429 repeals Council Directive 2006/88/EC (4) as from 21 April 2021. Directive 2006/88/EC provides for the establishment of disease-free compartments for a list of diseases of aquatic animals, in line with the Aquatic Animal Health Code issued by the World Organisation for Animal Health (OIE). In order to facilitate the maintenance of disease-free status of compartments, the aquatic animal diseases included in that list of diseases should, as far as possible, be used for the purposes of the listed diseases for which disease-free status of compartments may be established within the framework of Regulation (EU) 2016/429.

                     (9)

                     As the provisions of Regulation (EU) 2016/429 governing the matters covered by this Regulation apply from 21 April 2021, this Regulation should apply from the same date.

                     (10)

                     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
            The listed diseases subject to Union surveillance programmes in accordance with Article 28 of Regulation (EU) 2016/429 and the geographical scope of such programmes are set out in Annex I to this Regulation.

            Article 2
            The listed diseases for which the disease-free status of compartments may be established in accordance with Article 37 of Regulation (EU) 2016/429 are set out in Annex II to this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 21 April 2021.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 17 December 2019.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 84, 31.3.2016, p. 1.

            (2)  Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).

            (3)  Commission Delegated Regulation (EU) 2020/689 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for surveillance, eradication programmes, and disease-free status for certain listed and emerging diseases (See page 211 of this Official Journal).

            (4)  Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ L 328, 24.11.2006, p. 14).

            ANNEX I

                              LISTED DISEASES SUBJECT TO UNION SURVEILLANCE PROGRAMMES

                              GEOGRAPHICAL SCOPE OF UNION SURVEILLANCE PROGRAMMES

                        Highly pathogenic avian influenza

                        Entire territory of Member State

                        Infection with low pathogenic avian influenza viruses

                        Entire territory of Member State

            ANNEX II

                              LISTED DISEASES FOR WHICH THE DISEASE-FREE STATUS OF COMPARTMENTS MAY BE ESTABLISHED

                        Epizootic haematopoietic necrosis

                        Viral haemorrhagic septicaemia

                        Infectious haematopoietic necrosis

                        Infection with highly polymorphic region (HPR) deleted infectious salmon anaemia virus

                        Infection with Microcytos mackini

                        Infection with Perkinsus marinus

                        Infection with Bonamia ostreae

                        Infection with Bonamia exitiosa

                        Infection with Marteilia refringens

                        Infection with Taura syndrome virus

                        Infection with yellow head virus

                        Infection with white spot syndrome virus