Commission Regulation (EU) No 273/2010Show full title

Commission Regulation (EU) No 273/2010

of 30 March 2010

amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the functioning of the European Union,

Having regard to Regulation (EC) No 2111/2005 of the European Parliament and the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the European Union and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/CE(1), and in particular Article 4 thereof,

Whereas:

(1) Commission Regulation (EC) No 474/2006 of 22 March 2006 established the Community list of air carriers which are subject to an operating ban within the European Union referred to in Chapter II of Regulation (EC) No 2111/2005(2).

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

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

(4) Opportunity was given by the Commission to the air carriers concerned to consult the documents provided by Member States, to submit written comments and to make an oral presentation to the Commission within 10 working days and to the Air Safety Committee established by Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation(3).

(5) The authorities with responsibility for regulatory oversight over the air carriers concerned have been consulted by the Commission as well as, in specific cases, by some Member States.

(6) The Air Safety Committee has heard presentations by the European Aviation Safety Agency (EASA) and the Commission about the technical assistance projects carried out in countries affected by Regulation (EC) No 2111/2005. It has been informed about the requests for further technical assistance and cooperation to improve the administrative and technical capability of civil aviation authorities with a view to resolving any non compliance with applicable international standards.

(7) The Air Safety Committee has also been informed about enforcement actions taken by EASA and Member States to ensure the continuing airworthiness and maintenance of aircraft registered in the European Union and operated by air carriers certified by civil aviation authorities of third countries.

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

European Union carriers

(9) Following information resulting from SAFA ramp checks carried out on aircraft of certain European Union air carriers, as well as area specific inspections and audits carried out by their national aviation authorities, some Member States have taken certain enforcement measures. They informed the Commission and the Air Safety Committee about these measures: the competent authorities of Spain launched the procedure on 12 March 2010 to suspend the Air Operator Certificate (AOC) of the air carrier Baleares Link Express and suspended the AOC of the air carrier Euro Continental on 12 January 2010; the competent authorities of Germany suspended the AOC of Regional Air Express as of 28 January 2010; the competent authorities of the UK informed that the AOC of the carrier Trans Euro Air Limited was suspended on 08 December 2009; the competent authorities of Slovakia informed in writing that the AOC of the carrier Air Slovakia was suspended on 01 March 2010.

(10) Finally, the competent authorities of Latvia informed the Air Safety Committee that following serious concerns about the safety of the operations and the continuing airworthiness of aircraft of type IL-76 operated by air carrier Aviation Company Inversija, they decided on 26 February 2010 to remove the aircraft from the AOC held by the air carrier Aviation Company Inversija and that the AOC was suspended on 16 March 2010.

Air Koryo

(11) Pursuant to Regulation (EC) 1543/2006 the Commission has obtained detailed information describing the actions taken by the competent authorities of the Democratic People's Republic of Korea (GACA) responsible for the regulatory oversight of Air Koryo and by Air Koryo in addressing the safety deficiencies outlined in Regulation (EC) 474/2006.

(12) In December 2008 the Commission communicated with GACA requesting a corrective action plan from Air Koryo demonstrating how they had corrected the serious safety deficiencies detected in the ramps inspections conducted prior to the carrier being placed in Annex A of the list of carriers banned from operating in the European Union. In addition the Commission requested relevant information demonstrating that the GACA has exercised adequate oversight of Air Koryo in compliance with ICAO provisions.

(13) In June 2009 GACA formally responded and provided a set of documents which provided a comprehensive response to the requested information. There followed a series of communications between the Commission and the GACA which enabled clarification of the current aviation safety situation in the Democratic People's Republic of Korea to be achieved.

(14) The documents provided by GACA and the discussions between the Commission and GACA have shown that, for the Tupolev Tu 204-300 aircraft, Air Koryo is able to demonstrate that the aircraft can be operated in full compliance with international safety standards, including continuing airworthiness and operations, and that GACA is capable of providing oversight of the air carrier in accordance with international standards.

(15) For all other types of aircraft on the fleet of Air Koryo, GACA confirmed that they did not fully comply with international standards for aircraft equipment, notably EGPWS, and that these types were not authorised by GACA to conduct operations in European airspace.

(16) Throughout the period GACA reacted promptly and cooperatively to the Commission's requests for information. Air Koryo made presentations to the Air Safety Committee on 18 March 2010 confirming the positive developments within the company.

(17) Following the above, on the basis of the common criteria, it is assessed that Air Koryo should be allowed to operate the two aircraft type Tupolev Tu-204 with registration P-632 and P-633 into the European Union without operational restrictions. However, since the rest of the fleet does not comply with relevant ICAO requirements, they should not be allowed to operate into the European Union until such requirements are fully complied with. Therefore, on the basis of the common criteria, it is assessed that Air Koryo should be included in Annex B. It may only have access to the EU with the two aircraft of type Tupolev Tu-204.

Air carriers from Swaziland

(18) The competent authorities of Swaziland provided evidence by written submissions on 17 December 2009 of the withdrawal of the AOCs and of the operating licenses for the following air carriers: Aero Africa (PTY) Ltd, Jet Africa (PTY) Ltd, Royal Swazi National Airways, Scan Air Charter Ltd and Swazi Express Airways. These air carriers have ceased their activities since 8 December 2009.

(19) In view of the above, on the basis of the common criteria, it is assessed that the aforementioned air carriers licensed in Swaziland should be removed from Annex A.

Bellview Airlines

(20) There is verified evidence of serious deficiencies on the part of the air carrier Bellview Airlines certified in Nigeria, as demonstrated by the results of the investigations carried out by the competent authorities of France and by European Aviation Safety Agency.

(21) The competent authorities of France (DGAC) informed the Commission that the above mentioned carrier had in its fleet two aircraft of type Boeing 737-200 registered in France with registration marks F-GHXK and F-GHXL, whose certificates of airworthiness expired in May and August 2008 respectively. Consequently, these aircraft are not in airworthy condition anymore.

(22) The European Aviation Safety Agency (EASA) reported to the Commission that the Part-145 approval ref. EASA.145.0172 it had issued to this organisation was suspended on 8 May 2009 with immediate effect due to unresolved safety deficiencies which lowers the safety standards and hazards seriously the flight safety and that revocation of this approval is being considered.

(23) Evidence exists that Bellview Airlines certified in Nigeria has taken over operations from the air carrier Bellview Airlines certified in Sierra Leone, an air carrier which was put on Annex A on 22 March 2006(4) and which was withdrawn on 14 November 2008(5) after the competent authorities of Sierra Leone informed the Commission of the revocation of its AOC.

(24) The aircraft of type Boeing B737-200 with registration mark 5N-BFN experienced a fatal accident in Lagos on 22 October 2005, leading to the total loss of the aircraft and 117 fatalities. The competent authorities of Nigeria failed to provide details about the accident and have not issued any accident investigation report yet.

(25) The Commission, having regard to the above mentioned deficiencies, has entered into consultations with the competent authorities of Nigeria, expressing serious concerns about the safety of the operations and the airworthiness of Bellview Airlines and asking for clarifications regarding the situation as well as the actions undertaken by the authorities as well as the air carrier to remedy the identified deficiencies.

(26) The competent authorities of Nigeria indicated on 19 February 2010 that the operator holds an AOC but had stopped operations. They however failed to provide the status of the certificates held by the air carrier and the status of its aircraft.

(27) Bellview Airlines requested to be heard by the Air Safety Committee and did so on 18 March 2010 assisted by the competent authorities of Nigeria (NCAA). Bellview Airlines provided an AOC stating validity until 22 April 2010 whilst mentioning that this AOC was suspended following the retirement of all aircraft mentioned on this AOC. The NCAA stated that according to the applicable Nigerian regulation the validity of this AOC had lapsed on 4 December 2009, 60 days after the end of the operations of the last aircraft but failed to provide evidence that the AOC was suspended or revoked as appropriate. Consequently, the NCAA was requested to provide urgently written confirmation of a) the administrative act of suspension or of revocation of the AOC of Bellview Airlines; b) confirmation that the company is in process of (re)certification by the Nigerian Civil Aviation Authority; c) the formal undertaking of the Nigerian Civil Aviation Authority to notify to the Commission the results of the (re)certification audit before an AOC is issued.

(28) The competent authorities of Nigeria submitted the requested information on 25 March 2010. Therefore, on the basis of the common criteria, it is assessed that no further action is needed at this stage.

Air carriers from Egypt

(29) In accordance with Regulation (EC) No 1144/2009(6), the competent authorities of Egypt have submitted four monthly reports covering November and December 2009, as well January 2010 and February 2010 to show the status of implementation of the plan as verified by these authorities. Further to these reports which focused on ramp checks of aircraft of Egypt Air, on 18 November the audit reports for continued airworthiness, flight and ground operations were transmitted.

(30) The competent authorities of Egypt have also undertaken to continue providing information regarding the satisfactory closure of findings previously raised during ramp checks of aircraft of Egypt Air in the course of 2008, 2009 and 2010. To that end, they addressed relevant correspondence to certain Member States where aircraft of Egypt Air had been subject to ramp checks. The process of closure of these finding is ongoing and shall be verified on a regular basis.

(31) In accordance with Regulation (EC) No 1144/2009(7), a visit was carried out by the European Aviation Safety Agency with the assistance of Member States from 21 to 25 February 2010. During this visit an assessment of the oversight exercised by the Egyptian Civil Aviation Authority (ECAA) generally and in particular when following the implementation of the corrective action plan and the progressive closure of the findings by Egypt Air was also undertaken. The assessment visit provided evidence that the ECAA was capable of discharging its obligations under ICAO standards, for the oversight of operators to whom they issue an Air Operators Certificate, and identified areas for improvement: notably with regard to a consistent system to follow up on findings identified during the oversight activities carried out by the ECAA as well as in the training of personnel licensing staff.

(32) The assessment visit demonstrated that Egypt Air is in the process of implementing the corrective action plan. Overall, no significant breach of ICAO standards was identified. The Commission acknowledges the efforts made by the carrier towards completing the actions necessary to redress its safety situation. However given the scope and range of the corrective action plan of the air carrier and the need to provide for sustainable/permanent solutions to the numerous previously identified safety deficiencies, the Commission requests the competent authorities of Egypt to continue to send monthly reports on verification of the implementation of the corrective action plan including the corrective actions addressing findings identified during the assessment visit and to provide information on all oversight activities in the area of continuing airworthiness, maintenance and operations carried out by the ECAA on this air carrier.

(33) Member States will continue to verify the effective compliance of Egypt Air with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EC) No 351/2008.

(34) The assessment visit also included a number of other Egyptian air carriers. Significant safety issues were reported for two air carriers, AlMasria Universal Airlines and Midwest Airlines.

(35) In the case of AlMasria Universal Airlines, significant deficiencies in the area of flight operations and training were reported, in particular with regard to the qualifications and knowledge of certain operational managers. This is all the more important in the event of fleet expansion.

(36) By letter of 3 March 2010, the air carrier AlMasria Universal Airlines was invited to the Air Safety Committee to present its comments. AlMasria made a presentation to the Air Safety Committee on 17 March 2010 which provided for corrective actions addressing deficiencies identified during the assessment visit. In view of the company’s planned expansion of the fleet the Commission requests the competent authorities of Egypt to send monthly reports on verification of the implementation of the corrective actions and to provide information on all oversight activities in the area of continuing airworthiness, maintenance and operations carried out by the ECAA on this air carrier.

(37) Member States will verify the effective compliance of AlMasria with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EC) No 351/2008.

(38) In the case of Midwest Airlines there is verified evidence of safety deficiencies identified by the competent authorities of Italy concerning the control of mass and balance on a Midwest Airlines flight. This evidence resulted in Italy denying the operator the permit to operate a flight(8). In addition, during the assessment visit significant deficiencies were also reported in the areas of operational and maintenance management, operational control and crew training, and continuous airworthiness management having an impact on safety. As a result, on the basis of common criteria it is assessed that this air carrier is not able to ensure their operation and maintenance in conformity with ICAO standards. The Egyptian Civil Aviation Authority informed during the visit that they had taken action to suspend the operation of Midwest Airlines.

(39) By letter of 3 March 2010, the air carrier Midwest Airlines was invited to the Air Safety Committee to present its comments. The competent authorities of Egypt provided evidence on 15 March 2010 that the AOC of Midwest Airlines had been revoked as of 28 February 2010.

(40) In view of the action taken by the ECAA there is no need for further action. The ECAA is requested to provide the Commission with information about the process and results of the recertification before the issuance of an AOC to that company.

Iran Air

(41) Pursuant to Regulations (EC) No 715/2008 Member States continued to seek verification of the effective compliance of Iran Air with the relevant safety standards through regular ramp checks of its aircraft landing on European Union airports. In 2009 Austria, France, Germany, Sweden, Italy and the United Kingdom reported such inspections. The results of these inspections showed a marked decline in compliance with international safety standards over the year.

(42) The Commission requested information from the competent authorities and the company with a view to verifying how the detected deficiencies were being resolved. The air carrier Iran Air submitted an action plan in February 2010 which acknowledged failings in their previous action plan and identified the causes and set down specific actions to address the identified deficiencies.

(43) However, information submitted by the competent authorities of Iran (CAO-IRI) responsible for the regulatory oversight of Iran Air indicated that they were unable to demonstrate they had taken effective action to address the deficiencies identified by the inspections conducted under the SAFA programme. Furthermore the CAO-IRI were not able to demonstrate that appropriate actions were taken to address the significant accident rate of aircraft registered in Iran and operated by air carriers certificated by the CAO-IRI.

(44) Furthermore, the CAO-IRI submitted documentation in February 2010 which showed a lack of oversight activity of Iran Air in the area of maintenance and flight inspections and a lack of an effective system for the closure of significant safety findings. In addition, accident and incident data provided by CAO-IRI indicated a significant number of serious events to Iran Air aircraft in the preceding 11 months, of which more than half related to aircraft of the type Fokker 100. The documentation however did not provide evidence that any follow-up action had been taken by the CAO-IRI.

(45) In March 2010 the CAO-IRI provided information demonstrating that inspections of Iran Air's compliance with maintenance requirements had taken place but the findings pointed to problems with engine monitoring and the performance of the Quality System of the carrier.

(46) On 17 March 2010 at the meeting of the Air Safety Committee the air carrier acknowledged that a decline in standards had occurred but confirmed they had introduced a Maintenance Control Centre and Maintenance Review Board to address the airworthiness issues, had improved safety training in all divisions of the company, had enhanced the activity of the Safety and Quality Assurance Department, and had established safety committees in the company divisions. They had also embarked on an extensive review of the company structure with a view to enhancing its ability to ensure a safe operation. The results of the ramp checks performed on Iran Air since February 2010 show a marked improvement in the air carrier's performance.

(47) Taking into account the recent notable improvement in SAFA results, the acknowledgement by Iran Air of the need for improvement and the steps they have taken to address the identified safety concerns the Commission considers that, because of the high number of incidents to the Fokker 100 aircraft their operation into the European Union should be suspended. With regard to the other types of aircraft on Iran Air's fleet (submission by CAO/IRI of 10 March 2010) – i.e.the Boeing 747, Airbus A300, A310 and A320, their operations should not be allowed to increase beyond their current level (frequencies and destinations) until such times as the Commission determines that there is clear evidence that the identified safety deficiencies have been effectively resolved.

(48) For these reasons, on the basis of the common criteria, it is assessed that the carrier should be placed on Annex B and should be permitted to operate into the European Union only provided that its operations are strictly limited to their present level (frequencies and destinations) with the aircraft currently used. Furthermore, the fleet of Fokker 100 should not be allowed to operate into the European Union.

(49) The Commission will continue to monitor closely the performance of Iran Air. Member States will verify the effective compliance with relevant safety standards through the prioritisation of enhanced ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EC) No 351/2008. The Commission, in cooperation with the Member States and the European Aviation Safety Agency, intends to verify the satisfactory implementation of the announced measures by CAO-IRI and Iran Air by means of an on-site visit before the next meeting of the Air Safety Committee.

Air carriers from Sudan

(50) The authorities with responsibility for regulatory oversight of Sudan (SCAA) have shown an insufficient ability to address the significant findings made during the ICAO USOAP audit of Sudan conducted in November 2006. The SCAA notified the Commission in March 2008 that in the area of Operations, Airworthiness and Personnel Licensing all major and all significant findings had been closed or addressed. In December 2009 the SCAA notified the Commission that 70 % of the USOAP findings were corrected in accordance with ICAO recommendations.

(51) However, information provided by the SCAA to the Commission in December 2009 and March 2010 indicated that a significant number of findings had not been addressed or the actions taken to close the findings had not been effective. In particular in the area of trained and qualified Flight Operations Inspectors and in ensuring operators had an approved training manual.

(52) In addition, shortly before the fatal accident to Boeing 707, registration ST-AKW, an audit by the SCAA of Azza Air Transport in October 2009 found that the air carrier had not implemented significant safety actions in the area of training, a major finding of the ICAO audit. The SCAA confirmed that they had renewed the AOC annually since its initial issue in 1996.

(53) On 10 December 2009 the SCAA also informed the Commission that the AOC of air carrier Air West Company Ltd had been surrendered to them in July 2008, and that therefore Air West Ltd was no longer a registered AOC holder in the Republic of Sudan. Therefore, taking into account that the operator no longer has an AOC, and that as a consequence its operating licence cannot be considered as valid, on the basis of the common criteria, it is assessed that the Air West Ltd is no longer an ‘air carrier’.

(54) As a result of the lack of progress with the implementation of corrective actions from the USOAP audit and the failure of the SCAA to ensure the corrective actions notified had been effectively implemented, on the basis of the common criteria, it is assessed that the SCAA has been unable to demonstrate that it can implement and enforce the relevant safety standards and as a consequence all air carriers certified in the Republic of Sudan should be subject to an operating ban and included in Annex A.

Air carriers from Albania

(55) Further to the review of the situation of Albanian Airlines MAK in November 2009 and pursuant to the provisions of Regulation No 1144/2009(9), the European Aviation Safety Agency was mandated to carry out a comprehensive standardisation inspection of Albania and did so in January 2010. The final report of this inspection, issued on 7 March 2010, revealed significant deficiencies in all areas audited: 13 non-compliance findings were reported in the field of in airworthiness, including 6 safety related; 13 non-compliance findings were reported in the field of licensing and medical fitness, including 3 safety related; 9 non-compliance findings were reported in the field of air operations, amongst which 6 are safety related. In addition, an immediate safety hazard was found in relation to the AOC of one of the two AOC holders and was closed during the visit upon immediate corrective action of the DGCA.

(56) The competent authorities of Albania (DGCA) were invited to report to the Air Safety Committee and did so on 18 March 2010.

(57) The Air Safety Committee took note that the competent authorities of Albania (DGCA) have already submitted an action plan to EASA. The DGCA is invited to ensure this action plan is acceptable to EASA and urged to take the necessary actions to implement effectively this action plan, with priority to the resolution of the deficiencies identified by EASA that raise safety concerns if not promptly corrected.

(58) In view of the need to urgently address the safety deficiencies in Albania, failing comprehensive and effective measures from the DGCA, the Commission will be compelled to exercise its responsibilities under article 21 of the Multilateral Agreement between the European Community and its Member States and the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations interim administration mission in Kosovo on the establishment of a European Common Aviation Area (ECAA Agreement) without prejudice to any measures under Regulation (EC) No 2111/2005.

Air carriers from Angola

TAAG Angolan Airlines

(59) TAAG Angolan Airlines is allowed to operate in Portugal only with the aircraft of type Boeing 777-200 with registration marks D2-TED, D2-TEE, D2-TEF and with the four aircraft of type Boeing B-737-700 with registration marks D2-TBF, D2-TBG, D2-TBH and D2-TBJ under the conditions presented in the recital (88) of Regulation (EC) No 1144/2009(10). The Commission requested the competent authorities of Angola (INAVIC) to provide information about the oversight of the air carrier TAAG Angolan Airlines, in particular in respect of the increased oversight of the flights to Portugal and on their results.

(60) INAVIC informed the Air Safety Committee that it has further consolidated the continuous surveillance of TAAG Angolan Airlines. It carried out 34 planned inspections of the carrier in 2009. In addition, ramp inspections have been systematically carried out before every flight of the carrier to Europe.

(61) TAAG Angolan Airlines requested to be heard by the Air Safety Committee in order to provide an update of its situation and did so on 18 March 2010. The carrier reported it has regained membership to IATA in December 2009 and provided extensive information to the Committee demonstrating the high performance of its operations to Lisbon, requesting on this basis to be allowed to resume operations to the rest of the EU.

(62) The competent authorities of Portugal (INAC) provided their evaluation of the results of the ramp inspections of TAAG Angolan Airlines they had carried out since the operations to Lisbon have resumed. INAC reported that some 200 such inspections have been carried out since TAAG’s operations resumed on 1 August 2009. INAC confirmed that these did not raised safety concerns and that INAC is fully satisfied with the operations of TAAG Angolan Airlines into and from Lisbon and is in a position to recommend their extension to the rest of the EU.

(63) The carrier also reported it is investing to upgrade the equipment of its Boeing B737-200 fleet in order to install EGPWS, ELT406, RVSM capability, flight crew compartment door, digital flight recorder and digital airborne weather radar in compliance with international safety standards, but that this process, which is on-going, is not completed for all this fleet. The carrier also reported it intends to phase out the aircraft of type Boeing B747-300, in particular due to lower operational reliability.

(64) Consequently, on the basis of the common criteria, and taking into account the recommendation under paragraph 62 as well as the positive results of ramp checks of aircraft of this carrier, it is assessed that TAAG should be maintained in Annex B for the three aircraft of type Boeing B777 with registration marks D2-TED, D2-TEE and D2-TEF and with the four aircraft of type Boeing B737-700 with registration marks D2-TBF, D2-TBG, D2-TBH and D2-TBJ and that the current restrictions to operate these aircraft to Lisbon only should be removed. However, the operations of this carrier into the European Union should be subject to appropriate verification of effective compliance with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this air carrier pursuant to Regulation No 351/2008.

Overall safety oversight of air carriers from Angola

(65) INAVIC reported further progress in the resolution of the findings remaining after the last EU safety assessment visit made in June 2009. In particular, INAVCIC updated the Angolan aviation safety regulations to reflect the last amendments of ICAO standards, consolidated its surveillance programme and recruited two additional qualified flight operations inspectors.

(66) INAVIC also reported progress in the recertification of Angolan air carriers, a process that is expected to be completed by end 2010, date by which INAVIC indicated that those carriers shall stop operations if not recertified in accordance with the Angolan aviation safety regulations. However apart from TAAG Angolan Airlines, no air carrier has been recertified yet.

(67) INAVIC informed that in the course of the recertification process, oversight activities of certain air carriers have revealed safety concerns and violations of the safety regulations in force, leading INAVIC to take appropriate enforcement actions. Consequently, the AOC of Air Gemini was revoked in December 2009 and that the AOC of PHA and SAL were revoked in February 2010. The AOCs of Giraglobo, Mavewa and Airnave were suspended in February 2010. However, INAVIC failed to provide evidence of the revocation of these certificates.

(68) The Commission urges INAVIC to continue the recertification of the Angolan air carriers with determination and due consideration to potential safety concerns identified in this process. On the basis of the common criteria, it is assessed that the other air carriers under the regulatory responsibility of INAVIC - Aerojet, Air26, Air Gicango, Air Jet, Air Nave, Alada, Angola Air Services, Diexim, Gira Globo, Heliang, Helimalongo, Mavewa, Rui & Conceicao, Servisair and Sonair as well as Air Gemini, PHA, SAL, should remain in Annex A.

Air carriers from the Russian Federation

(69) The competent authorities of the Russian Federation informed the Commission on 19 February 2010 that they modified their decision of 25 April 2008, whereby they excluded from operations into the European Union aircraft on the AOC of 13 Russian air carriers. These aircraft were not equipped to perform international flights as per ICAO standards (not equipped with TAWS/E-GPWS) and/or their certificate of airworthiness had expired and/or had not been renewed.

(70) According to the new decision, the following aircraft are excluded from operations into, within and out of the European Union:

(a)

Aircompany Yakutia: Antonov AN-140: RA-41250; AN-24RV: RA-46496, RA-46665, RA-47304, RA-47352, RA-47353, RA-47360; AN-26: RA-26660.

(b)

Atlant Soyuz: Tupolev TU-154M: RA-85672 and RA-85682.

(c)

Gazpromavia: Tupolev TU-154M: RA-85625 and RA-85774; Yakovlev Yak-40: RA-87511, RA-88186 and RA-88300; Yak-40K: RA-21505 and RA-98109; Yak-42D: RA-42437; all (22) helicopters Kamov Ka-26 (unknown registration); all (49) helicopters Mi-8 (unknown registration); all (11) helicopters Mi-171 (unknown registration); all (8) helicopters Mi-2 (unknown registration); all (1) helicopter EC-120B: RA-04116.

(d)

Kavminvodyavia: Tupolev TU-154B: RA-85307, RA-85494 and RA-85457.

(e)

Krasnoyarsky Airlines: The aircraft of type TU-154M RA-85682 previously on the AOC of Krasnoyarsky Airlines, which was revoked in 2009 is currently operated by another air carrier certified in the Russian Federation.

(f)

Kuban Airlines: Yakovlev Yak-42: RA-42331, RA-42336, RA-42350, RA-42538, and RA-42541.

(g)

Orenburg Airlines: Tupolev TU-154B: RA-85602; all TU-134 (unknown registration); all Antonov An-24 (unknown registration); all An-2 (unknown registration); all helicopters Mi-2 (unknown registration); all helicopters Mi-8 (unknown registration).

(h)

Siberia Airlines: Tupolev TU-154M: RA-85613, RA-85619, RA-85622 and RA-85690.

(i)

Tatarstan Airlines: Yakovlev Yak-42D: RA-42374, RA-42433; all Tupolev TU-134A including: RA-65065, RA-65102, RA-65691, RA-65970 and RA-65973; all Antonov AN-24RV including: RA-46625 and RA-47818; the aircraft of type AN24RV with registration marks RA-46625 and RA-47818 are currently operated by another Russian carrier.

(j)

Ural Airlines: Tupolev TU-154B: RA-85508 (the aircraft RA-85319, RA-85337, RA-85357, RA-85375, RA-85374 and RA-85432 are currently not operated for financial reasons).

(k)

UTAir: Tupolev TU-154M: RA-85733, RA-85755, RA-85806, RA-85820; all (25) TU-134: RA-65024, RA-65033, RA-65127, RA-65148, RA-65560, RA-65572, RA-65575, RA-65607, RA-65608, RA-65609, RA-65611, RA-65613, RA-65616, RA-65620, RA-65622, RA-65728, RA-65755, RA-65777, RA-65780, RA-65793, RA-65901, RA-65902, and RA-65977; the aircraft RA-65143 and RA-65916 are operated by another Russian carrier; all (1) TU-134B: RA-65726; all (10) Yakovlev Yak-40: RA-87348 (currently not operated for financial reasons), RA-87907, RA-87941, RA-87997, RA-88209, RA-88227 and RA-88280; all helicopters Mil-26: (unknown registration); all helicopters Mil-10: (unknown registration); all helicopters Mil-8 (unknown registration); all helicopters AS-355 (unknown registration); all helicopters BO-105 (unknown registration); the aircraft of type AN-24B: RA-46388, the aircraft RA-46267 and RA-47289 and the aircraft of type AN-24RV RA-46509, RA-46519 and RA-47800 are operated by another Russian carrier.

(l)

Rossija (STC Russia): Tupolev TU-134: RA-65979, the aircraft RA-65904, RA-65905, RA-65911, RA-65921 and RA-65555 are operated by another Russian carrier; TU-214: RA-64504 and RA-64505 are operated by another Russian carrier; Ilyushin IL-18: RA-75454 and RA-75464 are operated by another Russian carrier; Yakovlev Yak-40: RA-87203, RA-87968, RA-87971, and RA-88200 are operated by another Russian carrier.

Yemenia Yemen Airways

(71) Pursuant to Regulations (EC) No 1144/2009 the European Aviation Safety Agency (EASA) and the Member States conducted an on-site visit to the Republic of Yemen in December 2009 to verify the safety situation of Yemenia with a view to evaluating its actual compliance with international safety standards and to evaluate the capacity of CAMA to ensure the oversight of the safety of civil aviation in Yemen.

(72) The assessment visit demonstrated that CAMA has the ability to conduct effective oversight of Yemenia Yemen Airways and thus ensure carriers, to whom they issue an AOC, are able to maintain a safe operation in accordance with ICAO Standards; and that Yemenia Yemen Airways control and supervision of their operation is adequate to ensure that they operate in accordance with the requirements governing their AOC.

(73) In view of the results of the assessment visit, there is no need for further action at this stage. The Commission will continue to closely monitor the performance of the carrier and encourages the Yemen Authorities to continue their efforts in the framework of the investigation into the accident on 30 June 2009 to Yemenia Yemen Airways flight 626. Member States will verify the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EC) No 351/2008.

Air carriers from the Republic of Philippines

(74) There is verified evidence of the insufficient ability of the authorities responsible for the oversight of air carriers certified in the in the Philippines to address safety deficiencies and insufficient evidence of compliance with applicable ICAO safety standards and recommended practices on the part of the air carriers certified in the Republic of Philippines, as showed by the results of the audit of the Philippines carried out by ICAO in October 2009 in the framework of its Universal Safety Oversight Audit Programme (USOAP) as well as the continuous downgrading of the Philippines’ rating by the competent authorities of the Unites States of America.

(75) Following the USOAP audit of the Philippines carried out in October 2009, ICAO notified to all States party to the Chicago convention the existence of a significant safety concern affecting the safety oversight of carriers and aircraft registered in the Philippines(11), according which 47 air operators in the Philippines, including international air operators, operate with Air Carrier Operator Certificates that were issued in accordance with repealed Administrative Orders. The competent authorities of the Philippines have not developed any type of implementation plan or transition plan for the certification of the remaining air operators in accordance with the Civil Aviation Regulations that replaced these Administrative Orders. In addition, the competent authorities of the Philippines have not been performing surveillance inspections of air operators for over a year. Corrective actions plans proposed by these authorities to ICAO were not considered acceptable to resolve this significant safety concern, which remains unresolved.

(76) Furthermore the U.S. Department of Transportation's Federal Aviation Administration (FAA) continues to classify the country's safety rating in category two in the framework of its IASA programme, thereby indicating that the Republic of Philippines fails to comply with the international safety standards set by ICAO.

(77) The significant safety concern published by ICAO reveals that the corrective action plan presented by the competent authorities of the Philippines to the Commission on 13 October 2008(12), whose completion was due for 31 March 2009, was not achieved and that the competent authorities of the Philippines have not been able to implement the said action plan in a timely manner.

(78) The Commission, having regard to the significant safety concern published by ICAO, has pursued its consultations with the competent authorities of the Philippines, expressing serious concerns about the safety of the operations of all air carriers licensed in that State and asking for clarifications regarding the actions undertaken by the competent authorities of that State to remedy the identified safety deficiencies.

(79) The competent authorities of the Philippines (CAAP) submitted documentation between January and March 2010 but failed to provide all the information requested and in particular the evidence that the safety deficiencies were appropriately addressed.

(80) The CAAP was heard on 18 March 2010 by the Air Safety Committee and confirmed that 20 air carriers continue to operate with AOCs that were issued under the repealed Administrative Orders until their recertification or 1 December 2010 the latest. These carriers are: Aerowurks Aerial Spraying Services, Airtrack Agricultural Corp., Asia Aircraft Overseas, Philippines Inc., Aviation Technology Innovators Inc., Bendice Transport Management Inc., Canadian Helicopter Philippines Inc., CM Aero, Cyclone Airways, INAEC Aviation Corp., Macro Asia Air Taxi Services, Omni Aviation, Corp., Philippine Agricultural Aviation Corp., Royal Air Charter Services Inc., Royal Star Aviation Inc., Southstar Aviation Company, Subic International Air Charter Inc., Subic Seaplane Inc.. In addition, they confirmed that a significant number of these carriers continue to operate with an AOC that had expired, under the provisions of temporary exemptions, exempting them to have such an AOC. In particular, the air carrier Pacific East Asia Cargo Airlines Inc. continues to be involved in international cargo operations with large aircraft of type Boeing B727 whilst its AOC issued on 31 March 2008 under the repealed Administrative Orders expired on 30 March 2009, under the benefit of an exemption from the need to comply with such an AOC, issued on 16 December 2009 for a maximum period of 90 days expiring on 16 March 2010. The CAAP was not able to confirm that this operator had eventually stopped operating on 18 March 2010.

(81) The CAAP reported that the following nine AOCs were expired or not renewed: Beacon, Corporate Air, Frontier Aviation Corp., Mora Air Service Inc., Pacific Airways Corp., Pacific Alliance Corp., Topflite Airways Inc., World Aviation Corp. and Yokota Aviation Corp. However, they failed to provide the evidence that the AOC of these carriers were revoked and that these carriers have consequently ceased to exist.

(82) The CAAP indicated that it had engaged a recertification process early 2009 and that 21 air carriers have already been recertified in accordance with the civil aviations regulations that entered into force in 2008. These carriers are: Air Philippines Corp., Aviatour's Fly'n Inc., Cebu Pacific Air, Chemtrad Aviation Corp., Far East Aviation Services, F.F. Cruz & Company Inc., Huma Corp., Interisland Airlines Inc., Island Aviation, Lion Air Inc., Mindanao Rainbow Agricultural Development Services, Misibis Aviation and Development Corp., Philippine Airlines, South East Asian Airlines Inc., Spirit of Manila Airlines Corp., TransGlobal Airways Corp., WCC Aviation Company, Zenith Air Inc., Zest Airways Inc., However, the CAAP failed to demonstrate the robustness of this recertification process. The CAAP could not provide the complete certificates of all these carriers, as the AOCs presented could not permit in particular to identify the number and the registration marks of the following recertified carriers: Zest Airways Inc., Lion Air, Inc., Aviatour's Fly'sn Inc., Misibis Aviation and Development Corp. In addition, the CAAP failed to provide any pre-certification audit or to provide the evidence that sufficient investigations of the operations and the maintenance of the carriers had been carried out prior to their recertification in order to demonstrate effective implementation of the approved manuals and compliance of the operations and the maintenance of these carriers with the applicable safety standards. Moreover, the CAAP failed to demonstrate that the recertified carriers are subject to adequate post-certification oversight as the surveillance plans they produced for airworthiness and licensing for the year 2010 did not specify any date for the planned activities.

(83) Philippines Airlines required to be heard by the Air Safety Committee and did so on 18 March 2010. The air carrier presented its activity and the recertification process it underwent in 2009 until the issuance of its new AOC on 9 October 2009 which states compliance with the civil aviations regulations that entered into force in 2008. The carrier presented the verifications carried out prior to the re-certification and confirmed they were focused on the review and approval of new manuals and procedures. The carrier also indicated that it had not been subject to a comprehensive on-site audit by the CAAP prior to the recertification and that, with regard to its operations, these have not been audited by the CAAP, such audit being yet to come. Philippines Airlines stated it does not operate to the EU and indicated that further to the downgrading of the Philippines rating by the US FAA, its operations to the United States are subject to restrictions and that the carrier is not allowed to serve additional routes nor change the aircraft on the routes he currently operates.

(84) Cebu Pacific Airlines required to be heard by the Air Safety Committee and did so on 18 March 2010. The air carrier presented its activity and the recertification process it underwent in 2009 until the issuance of its new AOC on 25 November 2009 which states compliance with the civil aviations regulations that entered into force in 2008. The carrier presented the verifications carried out prior to the re-certification and confirmed in particular that the certificate obtained includes a new approval to carry dangerous goods whilst this matter had not been audited by the CAAP. The carrier however stated it voluntarily does not make use of such approval. Cebu Pacific stated that further to the downgrading of the Philippines rating by the US FAA, it is not allowed to operate to the United States. The carrier further indicated that it does not intend to operate to the EU.

(85) The Commission acknowledges the recent efforts launched by the two air carriers to ensure safe operations and also recognises that they have put in place internal measures to enhance safety. The Commission is ready to conduct a visit to these operators with the participation of Member States and the European Aviation Safety Agency to verify their compliance with international safety standards.

(86) The Commission also acknowledges the recent efforts launched by the competent authorities to reform the civil aviation system in the Philippines and the steps undertaken to address the safety deficiencies reported by the FAA and ICAO. However, pending the effective implementation of adequate corrective actions to remedy the significant safety concerns issued by ICAO, on the basis of the common criteria, it is assessed that the competent authorities of the Philippines are, at this stage, not able to implement and enforce the relevant safety standards on all air carriers under their regulatory control. Therefore, all air carriers certified in the Philippines should be subject to an operating ban and included in Annex A.

(87) The Commission however considers that the recent changes in the management of the CAAP as well as the immediate concrete actions of this new management, including the recruitment of 23 qualified inspectors and the use of a significant technical assistance provided by ICAO, demonstrate the willingness of the State to address quickly the safety deficiencies identified by the FAA and ICAO and pave the way for the successful resolution of these deficiencies without delay. The Commission is ready to support the efforts of the Philippines, through an assessment visit including the safety performance of the operators, in order to overcome the identified serious safety deficiencies.

General considerations concerning the other carriers included in Annexes A and B

(88) No evidence of the full implementation of appropriate remedial actions by the other air carriers included in the Community list updated on 26 November 2009 and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far in spite of specific requests submitted by the latter. Therefore, on the basis of the common criteria, it is assessed that these air carriers should continue to be subject to an operating ban (Annex A) or operating restrictions (Annex B), as the case may be.

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

HAS ADOPTED THIS REGULATION:

Article 1 U.K.

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

1.

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

2.

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

Article 2 U.K.

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 March 2010.

For the Commission,

On behalf of the President,

Siim Kallas

Vice-President

ANNEX A U.K. LIST OF AIR CARRIERS OF WHICH ALL OPERATIONS ARE SUBJECT TO A BAN WITHIN THE COMMUNITY (13)

Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different)	Air Operator Certificate (AOC) Number or Operating Licence Number	ICAO airline designation number	State of the Operator
ARIANA AFGHAN AIRLINES	AOC 009	AFG	Afghanistan
SIEM REAP AIRWAYS INTERNATIONAL	AOC/013/00	SRH	Kingdom of Cambodia
SILVERBACK CARGO FREIGHTERS	Unknown	VRB	Republic of Rwanda
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	015	Unknown	Republic of Angola
AIR26	004	DCD	Republic of Angola
AIR GEMINI	002	GLL	Republic of Angola
AIR GICANGO	009	Unknown	Republic of Angola
AIR JET	003	MBC	Republic of Angola
AIR NAVE	017	Unknown	Republic of Angola
ALADA	005	RAD	Republic of Angola
ANGOLA AIR SERVICES	006	Unknown	Republic of Angola
DIEXIM	007	Unknown	Republic of Angola
GIRA GLOBO	008	GGL	Republic of Angola
HELIANG	010	Unknown	Republic of Angola
HELIMALONGO	011	Unknown	Republic of Angola
MAVEWA	016	Unknown	Republic of Angola
PHA	019	Unknown	Republic of Angola
RUI & CONCEICAO	012	Unknown	Republic of Angola
SAL	013	Unknown	Republic of Angola
SERVISAIR	018	Unknown	Republic of Angola
SONAIR	014	SOR	Republic of Angola
All air carriers certified by the authorities with responsibility for regulatory oversight of Benin, including,		—	Republic of Benin
AERO BENIN	PEA No 014/MDCTTTATP-PR/ANAC/DEA/SCS	Unknown	Republic of Benin
AFRICA AIRWAYS	Unknown	AFF	Republic of Benin
ALAFIA JET	PEA No 014/ANAC/MDCTTTATP-PR/DEA/SCS	N/A	Republic of Benin
BENIN GOLF AIR	PEA No 012/MDCTTP-PR/ANAC/DEA/SCS.	Unknown	Republic of Benin
BENIN LITTORAL AIRWAYS	PEA No 013/MDCTTTATP-PR/ANAC/DEA/SCS.	LTL	Republic of Benin
COTAIR	PEA No 015/MDCTTTATP-PR/ANAC/DEA/SCS.	COB	Republic of Benin
ROYAL AIR	PEA No 11/ANAC/MDCTTP-PR/DEA/SCS	BNR	Republic of Benin
TRANS AIR BENIN	PEA No 016/MDCTTTATP-PR/ANAC/DEA/SCS	TNB	Republic of Benin
All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Congo, including			Republic of Congo
AERO SERVICE	RAC06-002	RSR	Republic of Congo
EQUAFLIGHT SERVICES	RAC 06-003	EKA	Republic of Congo
SOCIETE NOUVELLE AIR CONGO	RAC 06-004	Unknown	Republic of Congo
TRANS AIR CONGO	RAC 06-001	Unknown	Republic of Congo
All air carriers certified by the authorities with responsibility for regulatory oversight of Democratic Republic of Congo (RDC), including		—	Democratic Republic of Congo (RDC)
AFRICAN AIR SERVICES COMMUTER	409/CAB/MIN/TVC/051/09	Unknown	Democratic Republic of Congo (RDC)
AIR KASAI	409/CAB/MIN/ TVC/036/08	Unknown	Democratic Republic of Congo (RDC)
AIR KATANGA	409/CAB/MIN/TVC/031/08	Unknown	Democratic Republic of Congo (RDC)
AIR TROPIQUES	409/CAB/MIN/TVC/029/08	Unknown	Democratic Republic of Congo (RDC)
BLUE AIRLINES	409/CAB/MIN/TVC/028/08	BUL	Democratic Republic of Congo (RDC)
BRAVO AIR CONGO	409/CAB/MIN/TC/0090/2006	BRV	Democratic Republic of Congo (RDC)
BUSINESS AVIATION	409/CAB/MIN/TVC/048/09	Unknown	Democratic Republic of Congo (RDC)
BUSY BEE CONGO	409/CAB/MIN/TVC/052/09	Unknown	Democratic Republic of Congo (RDC)
CETRACA AVIATION SERVICE	409/CAB/MIN/TVC/026/08	CER	Democratic Republic of Congo (RDC)
CHC STELLAVIA	409/CAB/MIN/TC/0050/2006	Unknown	Democratic Republic of Congo (RDC)
COMPAGNIE AFRICAINE D’AVIATION (CAA)	409/CAB/MIN/TVC/035/08	Unknown	Democratic Republic of Congo (RDC)
DOREN AIR CONGO	409/CAB/MIN/TVC/0032/08	Unknown	Democratic Republic of Congo (RDC)
ENTREPRISE WORLD AIRWAYS (EWA)	409/CAB/MIN/TVC/003/08	EWS	Democratic Republic of Congo (RDC)
FILAIR	409/CAB/MIN/TVC/037/08	Unknown	Democratic Republic of Congo (RDC)
GALAXY KAVATSI	409/CAB/MIN/TVC/027/08	Unknown	Democratic Republic of Congo (RDC)
GILEMBE AIR SOUTENANCE (GISAIR)	409/CAB/MIN/TVC/053/09	Unknown	Democratic Republic of Congo (RDC)
GOMA EXPRESS	409/CAB/MIN/TC/0051/2006	Unknown	Democratic Republic of Congo (RDC)
GOMAIR	409/CAB/MIN/TVC/045/09	Unknown	Democratic Republic of Congo (RDC)
HEWA BORA AIRWAYS (HBA)	409/CAB/MIN/TVC/038/08	ALX	Democratic Republic of Congo (RDC)
INTERNATIONAL TRANS AIR BUSINESS (ITAB)	409/CAB/MIN/TVC/033/08	Unknown	Democratic Republic of Congo (RDC)
KIN AVIA	409/CAB/MIN/TVC/042/09	Unknown	Democratic Republic of Congo (RDC)
LIGNES AÉRIENNES CONGOLAISES (LAC)	Ministerial signature (ordonnance No 78/205)	LCG	Democratic Republic of Congo (RDC)
MALU AVIATION	409/CAB/MIN/TVC/04008	Unknown	Democratic Republic of Congo (RDC)
MANGO AVIATION	409/CAB/MIN/TVC/034/08	Unknown	Democratic Republic of Congo (RDC)
SAFE AIR COMPANY	409/CAB/MIN/TVC/025/08	Unknown	Democratic Republic of Congo (RDC)
SERVICES AIR	409/CAB/MIN/TVC/030/08	Unknown	Democratic Republic of Congo (RDC)
SWALA AVIATION	409/CAB/MIN/TVC/050/09	Unknown	Democratic Republic of Congo (RDC)
TMK AIR COMMUTER	409/CAB/MIN/TVC/044/09	Unknown	Democratic Republic of Congo (RDC)
TRACEP CONGO AVIATION	409/CAB/MIN/TVC/046/09	Unknown	Democratic Republic of Congo (RDC)
TRANS AIR CARGO SERVICES	409/CAB/MIN/TVC/024/08	Unknown	Democratic Republic of Congo (RDC)
WIMBI DIRA AIRWAYS	409/CAB/MIN/TVC/039/08	WDA	Democratic Republic of Congo (RDC)
ZAABU INTERNATIONAL	409/CAB/MIN/TVC/049/09	Unknown	Democratic Republic of Congo (RDC)
All air carriers certified by the authorities with responsibility for regulatory oversight of Djibouti, including			Djibouti
DAALLO AIRLINES	Unknown	DAO	Djibouti
All air carriers certified by the authorities with responsibility for regulatory oversight of Equatorial Guinea, including			Equatorial Guinea
CRONOS AIRLINES	unknown	Unknown	Equatorial Guinea
CEIBA INTERCONTINENTAL	unknown	CEL	Equatorial Guinea
EGAMS	unknown	EGM	Equatorial Guinea
EUROGUINEANA DE AVIACION Y TRANSPORTES	2006/001/MTTCT/DGAC/SOPS	EUG	Equatorial Guinea
GENERAL WORK AVIACION	002/ANAC	n/a	Equatorial Guinea
GETRA — GUINEA ECUATORIAL DE TRANSPORTES AEREOS	739	GET	Equatorial Guinea
GUINEA AIRWAYS	738	n/a	Equatorial Guinea
STAR EQUATORIAL AIRLINES	Unknown	Unknown	Equatorial Guinea
UTAGE — UNION DE TRANSPORT AEREO DE GUINEA ECUATORIAL	737	UTG	Equatorial Guinea
All air carriers certified by the authorities with responsibility for regulatory oversight of Indonesia, with the exception of Garuda Indonesia, Airfast Indonesia, Mandala Airlines, and Ekspres Transportasi Antarbenua, including			Republic of Indonesia
AIR PACIFIC UTAMA	135-020	Unknown	Republic of Indonesia
ALFA TRANS DIRGANTATA	135-012	Unknown	Republic of Indonesia
ASCO NUSA AIR	135-022	Unknown	Republic of Indonesia
ASI PUDJIASTUTI	135-028	Unknown	Republic of Indonesia
AVIASTAR MANDIRI	135-029	Unknown	Republic of Indonesia
CARDIG AIR	121-013	Unknown	Republic of Indonesia
DABI AIR NUSANTARA	135-030	Unknown	Republic of Indonesia
DERAYA AIR TAXI	135-013	DRY	Republic of Indonesia
DERAZONA AIR SERVICE	135-010	DRZ	Republic of Indonesia
DIRGANTARA AIR SERVICE	135-014	DIR	Republic of Indonesia
EASTINDO	135-038	Unknown	Republic of Indonesia
GATARI AIR SERVICE	135-018	GHS	Republic of Indonesia
INDONESIA AIR ASIA	121-009	AWQ	Republic of Indonesia
INDONESIA AIR TRANSPORT	135-034	IDA	Republic of Indonesia
INTAN ANGKASA AIR SERVICE	135-019	Unknown	Republic of Indonesia
JOHNLIN AIR TRANSPORT	135-043	Unknown	Republic of Indonesia
KAL STAR	121-037	KLS	Republic of Indonesia
KARTIKA AIRLINES	121-003	KAE	Republic of Indonesia
KURA-KURA AVIATION	135-016	KUR	Republic of Indonesia
LION MENTARI ARILINES	121-010	LNI	Republic of Indonesia
MANUNGGAL AIR SERVICE	121-020	Unknown	Republic of Indonesia
MEGANTARA	121-025	MKE	Republic of Indonesia
MERPATI NUSANTARA AIRLINES	121-002	MNA	Republic of Indonesia
METRO BATAVIA	121-007	BTV	Republic of Indonesia
MIMIKA AIR	135-007	Unknown	Republic of Indonesia
NATIONAL UTILITY HELICOPTER	135-011	Unknown	Republic of Indonesia
NUSANTARA AIR CHARTER	121-022	Unknown	Republic of Indonesia
NUSANTARA BUANA AIR	135-041	Unknown	Republic of Indonesia
NYAMAN AIR	135-042	Unknown	Republic of Indonesia
PELITA AIR SERVICE	121-008	PAS	Republic of Indonesia
PENERBANGAN ANGKASA SEMESTA	135-026	Unknown	Republic of Indonesia
PURA WISATA BARUNA	135-025	Unknown	Republic of Indonesia
REPUBLIC EXPRESS AIRLINES	121-040	RPH	Republic of Indonesia
RIAU AIRLINES	121-016	RIU	Republic of Indonesia
SAMPOERNA AIR NUSANTARA	135-036	SAE	Republic of Indonesia
SAYAP GARUDA INDAH	135-004	Unknown	Republic of Indonesia
SKY AVIATION	135-044	Unknown	Republic of Indonesia
SMAC	135-015	SMC	Republic of Indonesia
SRIWIJAYA AIR	121-035	SJY	Republic of Indonesia
SURVEI UDARA PENAS	135-006	Unknown	Republic of Indonesia
TRANSWISATA PRIMA AVIATION	135-021	Unknown	Republic of Indonesia
TRAVEL EXPRESS AVIATION SERVICE	121-038	XAR	Republic of Indonesia
TRAVIRA UTAMA	135-009	Unknown	Republic of Indonesia
TRI MG INTRA ASIA AIRLINES	121-018	TMG	Republic of Indonesia
TRIGANA AIR SERVICE	121-006	TGN	Republic of Indonesia
UNINDO	135-040	Unknown	Republic of Indonesia
WING ABADI AIRLINES	121-012	WON	Republic of Indonesia
All air carriers certified by the authorities with responsibility for regulatory oversight of Kazakhstan, with the exception of Air Astana put in Annex B, including			Republic of Kazakhstan
AERO AIR COMPANY	Unknown	Unknown	Republic of Kazakhstan
AEROPRAKT KZ	Unknown	APK	Republic of Kazakhstan
AIR ALMATY	AK-0331-07	LMY	Republic of Kazakhstan
AIR COMPANY KOKSHETAU	AK-0357-08	KRT	Republic of Kazakhstan
AIR DIVISION OF EKA	Unknown	Unknown	Republic of Kazakhstan
AIR FLAMINGO	Unknown	Unknown	Republic of Kazakhstan
AIR TRUST AIRCOMPANY	Unknown	Unknown	Republic of Kazakhstan
AK SUNKAR AIRCOMPANY	Unknown	AKS	Republic of Kazakhstan
ALMATY AVIATION	Unknown	LMT	Republic of Kazakhstan
ARKHABAY	Unknown	KEK	Republic of Kazakhstan
ASIA CONTINENTAL AIRLINES	AK-0345-08	CID	Republic of Kazakhstan
ASIA CONTINENTAL AVIALINES	AK-0371-08	RRK	Republic of Kazakhstan
ASIA WINGS	AK-0390-09	AWA	Republic of Kazakhstan
ASSOCIATION OF AMATEUR PILOTS OF KAZAKHSTAN	Unknown	Unknown	Republic of Kazakhstan
ATMA AIRLINES	AK-0372-08	AMA	Republic of Kazakhstan
ATYRAU AYE JOLY	AK-0321-07	JOL	Republic of Kazakhstan
AVIA-JAYNAR	Unknown	Unknown	Republic of Kazakhstan
BEYBARS AIRCOMPANY	Unknown	Unknown	Republic of Kazakhstan
BERKUT AIR/BEK AIR	AK-0311-07	BKT/BEK	Republic of Kazakhstan
BERKUT KZ	Unknown	Unknown	Republic of Kazakhstan
BURUNDAYAVIA AIRLINES	AK-0374-08	BRY	Republic of Kazakhstan
COMLUX	AK-0352-08	KAZ	Republic of Kazakhstan
DETA AIR	AK-0344-08	DET	Republic of Kazakhstan
EAST WING	AK-0332-07	EWZ	Republic of Kazakhstan
EASTERN EXPRESS	AK-0358-08	LIS	Republic of Kazakhstan
EURO-ASIA AIR	AK-0384-09	EAK	Republic of Kazakhstan
EURO-ASIA AIR INTERNATIONAL	Unknown	KZE	Republic of Kazakhstan
FENIX	Unknown	Unknown	Republic of Kazakhstan
FLY JET KZ	AK-0391-09	FJK	Republic of Kazakhstan
IJT AVIATION	AK-0335-08	DVB	Republic of Kazakhstan
INVESTAVIA	AK-0342-08	TLG	Republic of Kazakhstan
IRTYSH AIR	AK-0381-09	MZA	Republic of Kazakhstan
JET AIRLINES	AK-0349-09	SOZ	Republic of Kazakhstan
JET ONE	AK-0367-08	JKZ	Republic of Kazakhstan
KAZAIR JET	AK-0387-09	KEJ	Republic of Kazakhstan
KAZAIRTRANS AIRLINE	AK-0347-08	KUY	Republic of Kazakhstan
KAZAIRWEST	Unknown	Unknown	Republic of Kazakhstan
KAZAVIA	Unknown	KKA	Republic of Kazakhstan
KAZAVIASPAS	Unknown	KZS	Republic of Kazakhstan
KOKSHETAU	AK-0357-08	KRT	Republic of Kazakhstan
MEGA AIRLINES	AK-0356-08	MGK	Republic of Kazakhstan
MIRAS	AK-0315-07	MIF	Republic of Kazakhstan
NAVIGATOR	Unknown	Unknown	Republic of Kazakhstan
ORLAN 2000 AIRCOMPANY	Unknown	KOV	Republic of Kazakhstan
PANKH CENTER KAZAKHSTAN	Unknown	Unknown	Republic of Kazakhstan
PRIME AVIATION	Unknown	Unknown	Republic of Kazakhstan
SALEM AIRCOMPANY	Unknown	KKS	Republic of Kazakhstan
SAMAL AIR	Unknown	SAV	Republic of Kazakhstan
SAYAKHAT AIRLINES	AK-0359-08	SAH	Republic of Kazakhstan
SEMEYAVIA	Unknown	SMK	Republic of Kazakhstan
SCAT	AK-0350-08	VSV	Republic of Kazakhstan
SKYBUS	AK-0364-08	BYK	Republic of Kazakhstan
SKYJET	AK-0307-09	SEK	Republic of Kazakhstan
SKYSERVICE	Unknown	Unknown	Republic of Kazakhstan
TYAN SHAN	Unknown	Unknown	Republic of Kazakhstan
UST-KAMENOGORSK	AK-0385-09	UCK	Republic of Kazakhstan
ZHETYSU AIRCOMPANY	Unknown	JTU	Republic of Kazakhstan
ZHERSU AVIA	Unknown	RZU	Republic of Kazakhstan
ZHEZKAZGANAIR	Unknown	Unknown	Republic of Kazakhstan
All air carriers certified by the authorities with responsibility for regulatory oversight of the Kyrgyz Republic, including			Kyrgyz Republic
AIR MANAS	17	MBB	Kyrgyz Republic
ASIAN AIR	Unknown	AAZ	Kyrgyz Republic
AVIA TRAFFIC COMPANY	23	AVJ	Kyrgyz Republic
AEROSTAN (EX BISTAIR-FEZ BISHKEK)	08	BSC	Kyrgyz Republic
CLICK AIRWAYS	11	CGK	Kyrgyz Republic
DAMES	20	DAM	Kyrgyz Republic
EASTOK AVIA	15	EEA	Kyrgyz Republic
GOLDEN RULE AIRLINES	22	GRS	Kyrgyz Republic
ITEK AIR	04	IKA	Kyrgyz Republic
KYRGYZ TRANS AVIA	31	KTC	Kyrgyz Republic
KYRGYZSTAN	03	LYN	Kyrgyz Republic
MAX AVIA	33	MAI	Kyrgyz Republic
S GROUP AVIATION	6	SGL	Kyrgyz Republic
SKY GATE INTERNATIONAL AVIATION	14	SGD	Kyrgyz Republic
SKY WAY AIR	21	SAB	Kyrgyz Republic
TENIR AIRLINES	26	TEB	Kyrgyz Republic
TRAST AERO	05	TSJ	Kyrgyz Republic
VALOR AIR	07	VAC	Kyrgyz Republic
All air carriers certified by the authorities with responsibility for regulatory oversight of Liberia		—	Liberia
All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Gabon, with the exception of Gabon Airlines, Afrijet and SN2AG put in Annex B, including			Republic of Gabon
AIR SERVICES SA	0002/MTACCMDH/SGACC/DTA	AGB	Republic of Gabon
AIR TOURIST (ALLEGIANCE)	0026/MTACCMDH/SGACC/DTA	NIL	Republic of Gabon
NATIONALE ET REGIONALE TRANSPORT (NATIONALE)	0020/MTACCMDH/SGACC/DTA	Unknown	Republic of Gabon
SCD AVIATION	0022/MTACCMDH/SGACC/DTA	Unknown	Republic of Gabon
SKY GABON	0043/MTACCMDH/SGACC/DTA	SKG	Republic of Gabon
SOLENTA AVIATION GABON	0023/MTACCMDH/SGACC/DTA	Unknown	Republic of Gabon
All air carriers certified by the authorities with responsibility for regulatory oversight of the Philippines, including			Republic of the Philippines
AEROWURKS AERIAL SPRAYING SERVICES	4AN2008003	Unknown	Republic of the Philippines
AIR PHILIPPINES CORPORATION	2009006	Unknown	Republic of the Philippines
AIR WOLF AVIATION INC.	200911	Unknown	Republic of the Philippines
AIRTRACK AGRICULTURAL CORPORATION	4AN2005003	Unknown	Republic of the Philippines
ASIA AIRCRAFT OVERSEAS PHILIPPINES INC.	4AN9800036	Unknown	Republic of the Philippines
AVIATION TECHNOLOGY INNOVATORS, INC.	4AN2007005	Unknown	Republic of the Philippines
AVIATOUR'S FLY'N INC.	200910	Unknown	Republic of the Philippines
AYALA AVIATION CORP.	4AN9900003	Unknown	Republic of the Philippines
BEACON	Unknown	Unknown	Republic of the Philippines
BENDICE TRANSPORT MANAGEMENT INC.	4AN2008006	Unknown	Republic of the Philippines
CANADIAN HELICOPTERS PHILIPPINES INC.	4AN9800025	Unknown	Republic of the Philippines
CEBU PACIFIC AIR	2009002	Unknown	Republic of the Philippines
CHEMTRAD AVIATION CORPORATION	2009018	Unknown	Republic of the Philippines
CM AERO	4AN2000001	Unknown	Republic of the Philippines
CORPORATE AIR	Unknown	Unknown	Republic of the Philippines
CYCLONE AIRWAYS	4AN9900008	Unknown	Republic of the Philippines
FAR EAST AVIATION SERVICES	2009013	Unknown	Republic of the Philippines
F.F. CRUZ AND COMPANY, INC.	2009017	Unknown	Republic of the Philippines
HUMA CORPORATION	2009014	Unknown	Republic of the Philippines
INAEC AVIATION CORP.	4AN2002004	Unknown	Republic of the Philippines
ISLAND AVIATION	2009009	Unknown	Republic of the Philippines
INTERISLAND AIRLINES, INC.	2010023	Unknown	Republic of the Philippines
ISLAND TRANSVOYAGER	2010022	Unknown	Republic of the Philippines
LION AIR, INCORPORATED	2009019	Unknown	Republic of the Philippines
MACRO ASIA AIR TAXI SERVICES	4AN9800035	Unknown	Republic of the Philippines
MINDANAO RAINBOW AGRICULTURAL DEVELOPMENT SERVICES	2009016	Unknown	Republic of the Philippines
MISIBIS AVIATION & DEVELOPMENT CORP.	2010020	Unknown	Republic of the Philippines
OMNI AVIATION CORP.	4AN2002002	Unknown	Republic of the Philippines
PACIFIC EAST ASIA CARGO AIRLINES, INC.	4AS9800006	Unknown	Republic of the Philippines
PACIFIC AIRWAYS CORPORATION	Unknown	Unknown	Republic of the Philippines
PACIFIC ALLIANCE CORPORATION	Unknown	Unknown	Republic of the Philippines
PHILIPPINE AIRLINES	2009001	Unknown	Republic of the Philippines
PHILIPPINE AGRICULTURAL AVIATION CORP.	4AN9800015	Unknown	Republic of the Philippines
ROYAL AIR CHARTER SERVICES INC.	4AN2003003	Unknown	Republic of the Philippines
ROYAL STAR AVIATION, INC.	4AN9800029	Unknown	Republic of the Philippines
SOUTH EAST ASIA INC.	2009004	Unknown	Republic of the Philippines
SOUTHSTAR AVIATION COMPANY, INC.	4AN9800037	Unknown	Republic of the Philippines
SPIRIT OF MANILA AIRLINES CORPORATION	2009008	Unknown	Republic of the Philippines
SUBIC INTERNATIONAL AIR CHARTER	4AN9900010	Unknown	Republic of the Philippines
SUBIC SEAPLANE, INC.	4AN2000002	Unknown	Republic of the Philippines
TOPFLITE AIRWAYS, INC.	Unknown	Unknown	Republic of the Philippines
TRANSGLOBAL AIRWAYS CORPORATION	2009007	Unknown	Republic of the Philippines
WORLD AVIATION, CORP.	Unknown	Unknown	Republic of the Philippines
WCC AVIATION COMPANY	2009015	Unknown	Republic of the Philippines
YOKOTA AVIATION, INC.	Unknown	Unknown	Republic of the Philippines
ZENITH AIR, INC.	2009012	Unknown	Republic of the Philippines
ZEST AIRWAYS INCORPORATED	2009003	Unknown	Republic of the Philippines
All air carriers certified by the authorities with responsibility for regulatory oversight of Sao Tome and Principe, including	—	—	Sao Tome and Principe
AFRICA CONNECTION	10/AOC/2008	Unknown	Sao Tome and Principe
BRITISH GULF INTERNATIONAL COMPANY LTD	01/AOC/2007	BGI	Sao Tome and Principe
EXECUTIVE JET SERVICES	03/AOC/2006	EJZ	Sao Tome and Principe
GLOBAL AVIATION OPERATION	04/AOC/2006	Unknown	Sao Tome and Principe
GOLIAF AIR	05/AOC/2001	GLE	Sao Tome and Principe
ISLAND OIL EXPLORATION	01/AOC/2008	Unknown	Sao Tome and Principe
STP AIRWAYS	03/AOC/2006	STP	Sao Tome and Principe
TRANSAFRIK INTERNATIONAL LTD	02/AOC/2002	TFK	Sao Tome and Principe
TRANSCARG	01/AOC/2009	Unknown	Sao Tome and Principe
TRANSLIZ AVIATION (TMS)	02/AOC/2007	TMS	Sao Tome and Principe
All air carriers certified by the authorities with responsibility for regulatory oversight of Sierra Leone, including	—	—	Sierra Leone
AIR RUM, LTD	Unknown	RUM	Sierra Leone
DESTINY AIR SERVICES, LTD	Unknown	DTY	Sierra Leone
HEAVYLIFT CARGO	Unknown	Unknown	Sierra Leone
ORANGE AIR SIERRA LEONE LTD	Unknown	ORJ	Sierra Leone
PARAMOUNT AIRLINES, LTD	Unknown	PRR	Sierra Leone
SEVEN FOUR EIGHT AIR SERVICES LTD	Unknown	SVT	Sierra Leone
TEEBAH AIRWAYS	Unknown	Unknown	Sierra Leone
All air carriers certified by the authorities with responsibility for regulatory oversight of Sudan			Republic of Sudan
SUDAN AIRWAYS	Unknown		Republic of the Sudan
SUN AIR COMPANY	Unknown		Republic of the Sudan
MARSLAND COMPANY	Unknown		Republic of the Sudan
ATTICO AIRLINES	Unknown		Republic of the Sudan
FOURTY EIGHT AVIATION	Unknown		Republic of the Sudan
SUDANESE STATES AVIATION COMPANY	Unknown		Republic of the Sudan
ALMAJARA AVIATION	Unknown		Republic of the Sudan
BADER AIRLINES	Unknown		Republic of the Sudan
ALFA AIRLINES	Unknown		Republic of the Sudan
AZZA TRANSPORT COMPANY	Unknown		Republic of the Sudan
GREEN FLAG AVIATION	Unknown		Republic of the Sudan
ALMAJAL AVIATION SERVICE	Unknown		Republic of the Sudan
All air carriers certified by the authorities with responsibility for regulatory oversight of Swaziland, including	—	—	Swaziland
SWAZILAND AIRLINK	Unknown	SZL	Swaziland
All air carriers certified by the authorities with responsibility for regulatory oversight of Zambia, including			Zambia
ZAMBEZI AIRLINES	Z/AOC/001/2009	ZMA	Zambia

ANNEX B U.K. LIST OF AIR CARRIERS OF WHICH OPERATIONS ARE SUBJECT TO OPERATIONAL RESTRICTIONS WITHIN THE COMMUNITY (14)

a Afrijet is only allowed to use the specific aircraft mentioned for its current operations within the European Community.
b Air Astana is only allowed to use the specific aircraft mentioned for its current operations within the European Community.
c Gabon Airlines is only allowed to use the specific aircraft mentioned for its current operations within the European Community.
d Iran Air is allowed to operate tot the European Union using the specific aircraft under the conditions set out in recitals (48) and (49) of this Regulation.
Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different)	Air Operator Certificate (AOC) Number	ICAO airline designation number	State of the Operator	Aircraft type restricted	Registration mark(s) and, when available, construction serial number(s)	State of registry
AIR KORYO	GAC-AOC/KOR-01		DPRK	All fleet with the exception of: 2 aircraft of type Tu 204	All fleet with the exception of: P-632, P-633	DPRK
AFRIJETa	CTA 0002/MTAC/ANAC-G/DSA		Republic of Gabon	All fleet with the exception of: 2 aircraft of type Falcon 50; 1 aircraft of type Falcon 900	All fleet with the exception of: TR-LGV; TR-LGY; TR-AFJ	Republic of Gabon
AIR ASTANAb	AK-0388-09	KZR	Kazakhstan	All fleet with the exception of: 2 aircraft of type B767; 4 aircraft of type B757; 10 aircraft of type A319/320/321; 5 aircraft of type Fokker 50	All fleet with the exception of: P4-KCA, P4-KCB; P4-EAS, P4-FAS, P4-GAS, P4-MAS; P4-NAS, P4-OAS, P4-PAS, P4-SAS, P4-TAS, P4-UAS, P4-VAS, P4-WAS, P4-YAS, P4-XAS; P4-HAS, P4-IAS, P4-JAS, P4-KAS, P4-LAS	Aruba (Kingdom of the Netherlands)
AIR BANGLADESH	17	BGD	Bangladesh	B747-269B	S2-ADT	Bangladesh
AIR SERVICE COMORES	06-819/TA-15/DGACM	KMD	Comoros	All fleet with the exception of: LET 410 UVP	All fleet with the exception of: D6-CAM (851336)	Comoros
GABON AIRLINESc	CTA 0001/MTAC/ANAC	GBK	Republic of Gabon	All fleet with the exception of: 1 aircraft of type Boeing B-767-200	All fleet with the exception of: TR-LHP	Republic of Gabon
IRAN AIRd	FS100	IRA	Islamic Republic of Iran	All fleet with the exception of: 14 aircraft of type A300, 4 aircraft of type A310, 9 aircraft of type B747, 1 aircraft B737, 6 aircraft of type A320	All fleet with the exception of: EP-IBA EP-IBB EP-IBC EP-IBD EP-IBG EP-IBH EP-IBI EP-IBJ EP-IBS EP-IBT EP-IBV EP-IBZ EP-ICE EP-ICF EP-IBK EP-IBL EP-IBP EP-IBQ EP-IAA EP-IAB EP-IBC EP-IBD EP-IAG EP-IAH EP-IAI EP-IAM EP-ICD EP-AGA EP-IEA EP-IEB EP-IED EP-IEE EP-IEF EP-IEG	Islamic Republic of Iran
NOUVELLE AIR AFFAIRES GABON (SN2AG)	CTA 0003/MTAC/ANAC-G/DSA	NVS	Republic of Gabon	All fleet with the exception of: 1 aircraft of type Challenger; CL601 1 aircraft of type HS-125-800	All fleet with the exception of: TR-AAG, ZS-AFG	Republic of Gabon; Republic of South Africa
TAAG ANGOLA AIRLINES	001	DTA	Republic of Angola	All fleet with the exception of: 3 aircraft of type Boeing B-777 and 4 aircraft of type Boeing B-737-700	All fleet with the exception of: D2-TED, D2-TEE, D2-TEF, D2-TBF, D2, TBG, D2-TBH, D2-TBJ	Republic of Angola
UKRAINIAN MEDITERRANEAN	164	UKM	Ukraine	All fleet with the exception of one aircraft of type MD-83	All fleet with the exception of: UR-CFF	Ukraine

(1)

OJ L 344, 27.12.2005, p. 15.

(2)

OJ L 84, 23.3.2006, p. 14.

(3)

OJ L 373, 31.12.1991, p. 4.

(4)

Recitals (75) to (86) of Regulation (EC) No 474/2006 of 22 March 2006, OJ L 84, 23.3.2006, p. 19-21.

(5)

Recital (21) of Regulation (EC) No 1131/2008 of 14 November 2008, OJ L 306, 15.11.2008, p. 49.

(6)

OJ L 312, 27.11.2009, p. 16.

(7)

OJ L 312, 27.11.2009, p. 16.

(8)

The Italian Civil Aviation Authority (ENAC) informed Midwest Airlines on 5.2.2010 about these safety deficiencies which then led to the revocation of the authorisation to carry out the flight.

(9)

Recitals (10) to (16) of Regulation (EC) No 1144/2009 of 26 November 2009, OJ L 312, 27.11.2009, p. 17.

(10)

OJ L 312, 27.11.2009, p. 24.

(11)

ICAO finding OPS/01.

(12)

Recital (16) of Regulation (EC) No 1131/2008 of 14 November 2008, OJ L 306, 15.11.2008, p. 49.

(13)

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.

(14)

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.