# Official Journal L 102/2008

| | ISSN 1725-2555 |
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| Official Journal
  of the European Union | L 102 |
| | |
| English edition | Legislation | Volume 5112 April 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 102

English edition

Legislation

Volume 5112 April 2008

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| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 330/2008 of 11 April 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 331/2008 of 11 April 2008 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (
  1
  ) | 3 |
| | * | Commission Regulation (EC) No 332/2008 of 11 April 2008 amending Regulation (EC) No 297/2003 laying down detailed rules for the application of the tariff quota for beef and veal originating in Chile | 17 |
| | * | Commission Regulation (EC) No 333/2008 of 11 April 2008 laying down the ceilings applicable to the additional amounts of aid to be made to Portugal as part of the voluntary modulation provided for in Council Regulation (EC) No 378/2007 | 19 |
| | * | Commission Regulation (EC) No 334/2008 of 11 April 2008 concerning the classification of certain goods in the Combined Nomenclature | 20 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

Commission Regulation (EC) No 330/2008 of 11 April 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 331/2008 of 11 April 2008 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (
  1
  )

1

3

*

Commission Regulation (EC) No 332/2008 of 11 April 2008 amending Regulation (EC) No 297/2003 laying down detailed rules for the application of the tariff quota for beef and veal originating in Chile

17

*

Commission Regulation (EC) No 333/2008 of 11 April 2008 laying down the ceilings applicable to the additional amounts of aid to be made to Portugal as part of the voluntary modulation provided for in Council Regulation (EC) No 378/2007

19

*

Commission Regulation (EC) No 334/2008 of 11 April 2008 concerning the classification of certain goods in the Combined Nomenclature

20

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2008/297/EC |
| | * | Commission Decision of 27 March 2008 amending Decision 2005/779/EC concerning animal health protection measures against swine vesicular disease in Italy
  (notified under document number C(2008) 1092)

   (
  1
  ) | 22 |

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

2008/297/EC

*

Commission Decision of 27 March 2008 amending Decision 2005/779/EC concerning animal health protection measures against swine vesicular disease in Italy
  (notified under document number C(2008) 1092)

   (
  1
  )

(notified under document number C(2008) 1092)

1

22

| | | III   Acts adopted under the EU Treaty |
| --- | --- | --- |
| | | ACTS ADOPTED UNDER TITLE V OF THE EU TREATY |
| | * | Council Decision 2008/298/CFSP of 7 April 2008 amending Decision 2001/80/CFSP on the establishment of the Military Staff of the European Union | 25 |
| | * | Council Joint Action 2008/299/CFSP of 7 April 2008 amending Joint Action 2004/551/CFSP on the establishment of the European Defence Agency | 34 |

III   Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

*

Council Decision 2008/298/CFSP of 7 April 2008 amending Decision 2001/80/CFSP on the establishment of the Military Staff of the European Union

25

*

Council Joint Action 2008/299/CFSP of 7 April 2008 amending Joint Action 2004/551/CFSP on the establishment of the European Defence Agency

34

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

| 12.4.2008 | EN | Official Journal of the European Union | L 102/1 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

L 102/1

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COMMISSION REGULATION (EC) No 330/2008

of 11 April 2008

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (1), and in particular Article 138(1) thereof,

Whereas:

| (1) | Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 12 April 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 April 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

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(1)  
  OJ L 350, 31.12.2007, p. 1.

1

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ANNEX

to Commission Regulation of 11 April 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | JO | 74,4 |
| MA | 65,9 |
| TN | 111,3 |
| TR | 98,3 |
| ZZ | 87,5 |
| 0707 00 05 | EG | 178,8 |
| JO | 175,9 |
| MA | 43,7 |
| TR | 133,0 |
| ZZ | 132,9 |
| 0709 90 70 | MA | 91,8 |
| TR | 130,6 |
| ZZ | 111,2 |
| 0805 10 20 | EG | 50,3 |
| IL | 57,7 |
| MA | 53,7 |
| TN | 55,2 |
| TR | 68,0 |
| US | 51,9 |
| ZZ | 56,1 |
| 0805 50 10 | AR | 117,5 |
| TR | 136,6 |
| ZA | 122,8 |
| ZZ | 125,6 |
| 0808 10 80 | AR | 86,0 |
| BR | 88,0 |
| CL | 89,2 |
| CN | 87,0 |
| MK | 46,6 |
| NZ | 117,5 |
| US | 114,8 |
| UY | 76,8 |
| ZA | 77,1 |
| ZZ | 87,0 |
| 0808 20 50 | AR | 81,7 |
| CL | 117,3 |
| CN | 78,4 |
| UY | 89,6 |
| ZA | 98,2 |
| ZZ | 93,0 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

JO

74,4

MA

65,9

TN

111,3

TR

98,3

ZZ

87,5

0707 00 05

EG

178,8

JO

175,9

MA

43,7

TR

133,0

ZZ

132,9

0709 90 70

MA

91,8

TR

130,6

ZZ

111,2

0805 10 20

EG

50,3

IL

57,7

MA

53,7

TN

55,2

TR

68,0

US

51,9

ZZ

56,1

0805 50 10

AR

117,5

TR

136,6

ZA

122,8

ZZ

125,6

0808 10 80

AR

86,0

BR

88,0

CL

89,2

CN

87,0

MK

46,6

NZ

117,5

US

114,8

UY

76,8

ZA

77,1

ZZ

87,0

0808 20 50

AR

81,7

CL

117,3

CN

78,4

UY

89,6

ZA

98,2

ZZ

93,0

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(1)  Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

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| 12.4.2008 | EN | Official Journal of the European Union | L 102/3 |
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12.4.2008

EN

Official Journal of the European Union

L 102/3

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COMMISSION REGULATION (EC) No 331/2008

of 11 April 2008

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 COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2111/2005 of the European Parliament and the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (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 Community referred to in Chapter II of Regulation (EC) No 2111/2005 (2). |
| --- | --- |

(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 Community 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. |
| --- | --- |

(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 Community or to modify the conditions of an operating ban imposed on an air carrier which is included in the Community list. |
| --- | --- |

(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 Community 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). |
| --- | --- |

(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. |
| --- | --- |

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

(6)

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

Air carriers licensed in Ukraine

Albatross Avia Ltd

| (7) | France communicated to the Commission that it adopted an immediate operating ban on all operations of the carrier Albatross Avia Ltd certified in the Ukraine for reasons that this carrier is in reality the Ukrainian carrier Volare, which is already subject to an operating ban (4). France has also submitted to the Commission a request to update the Community list in accordance with Article 4(2) of Regulation (EC) No 2111/2005 and Article 6 of Regulation (EC) No 473/2006. |
| --- | --- |

(7)

France communicated to the Commission that it adopted an immediate operating ban on all operations of the carrier Albatross Avia Ltd certified in the Ukraine for reasons that this carrier is in reality the Ukrainian carrier Volare, which is already subject to an operating ban (4). France has also submitted to the Commission a request to update the Community list in accordance with Article 4(2) of Regulation (EC) No 2111/2005 and Article 6 of Regulation (EC) No 473/2006.

4

| (8) | The carrier did not produce any appropriate evidence to dissipate the concerns raised by France. |
| --- | --- |

(8)

The carrier did not produce any appropriate evidence to dissipate the concerns raised by France.

| (9) | Following consultations with the Commission and some Member States, the competent authorities of Ukraine submitted to the Commission their decision whereby they revoked the Air Operator Certificate (AOC) of the carrier. Therefore, on the basis of the common criteria, no further action regarding Albatross Avia Ltd is needed. |
| --- | --- |

(9)

Following consultations with the Commission and some Member States, the competent authorities of Ukraine submitted to the Commission their decision whereby they revoked the Air Operator Certificate (AOC) of the carrier. Therefore, on the basis of the common criteria, no further action regarding Albatross Avia Ltd is needed.

| (10) | However, the Commission is concerned that the competent authorities of Ukraine have issued an AOC to an undertaking which is substantially an air carrier already subject to an operating ban. Repetition of such a situation could be considered as evidence that these authorities may not meet the common criteria set out in the Annex of Regulation (EC) No 2111/2005. |
| --- | --- |

(10)

However, the Commission is concerned that the competent authorities of Ukraine have issued an AOC to an undertaking which is substantially an air carrier already subject to an operating ban. Repetition of such a situation could be considered as evidence that these authorities may not meet the common criteria set out in the Annex of Regulation (EC) No 2111/2005.

Ukraine Cargo Airways

| (11) | There is verified evidence of serious safety deficiencies on the part of the carrier Ukraine Cargo Airways certified in the Ukraine affecting all types of aircraft. These deficiencies have been identified by Austria, Hungary, France, Germany, Italy, Latvia, Luxembourg, Romania, Poland, Spain and the Netherlands (5) during ramp inspections performed under the SAFA programme. |
| --- | --- |

(11)

There is verified evidence of serious safety deficiencies on the part of the carrier Ukraine Cargo Airways certified in the Ukraine affecting all types of aircraft. These deficiencies have been identified by Austria, Hungary, France, Germany, Italy, Latvia, Luxembourg, Romania, Poland, Spain and the Netherlands (5) during ramp inspections performed under the SAFA programme.

5

| (12) | Austria communicated to the Commission that it adopted an immediate operating ban on the aircraft of type AN-12 of Ukraine Cargo Airways operating hitherto to Austria taking into account the common criteria, in the framework of Article 6(1) of Regulation (EC) No 2111/2005 and submitted to the Commission a request to update the Community list in accordance with Article 4(2) of Regulation (EC) No 2111/2005 and Article 6 of Regulation (EC) No 473/2006. |
| --- | --- |

(12)

Austria communicated to the Commission that it adopted an immediate operating ban on the aircraft of type AN-12 of Ukraine Cargo Airways operating hitherto to Austria taking into account the common criteria, in the framework of Article 6(1) of Regulation (EC) No 2111/2005 and submitted to the Commission a request to update the Community list in accordance with Article 4(2) of Regulation (EC) No 2111/2005 and Article 6 of Regulation (EC) No 473/2006.

| (13) | The reasons for the imposition of that measure by Austria are the following: (a) verified serious safety deficiencies on the part of the air carrier by virtue of reports showing serious safety deficiencies and persistent failure by the carrier concerned to address these deficiencies raised in ramp inspection reports performed under the SAFA programme and previously communicated to the carrier; (b) lack of ability of the carrier to address these safety deficiencies demonstrated by inappropriate and insufficient corrective actions presented in response to identified serious safety deficiencies; (c) lack of ability and willingness of the authorities responsible for the oversight of the carrier concerned to address the safety deficiencies demonstrated by their lack of cooperation with the competent authorities of Austria which performed the ramp inspections and their insufficient ability to implement and enforce the relevant safety standards. |
| --- | --- |

(13)

The reasons for the imposition of that measure by Austria are the following: (a) verified serious safety deficiencies on the part of the air carrier by virtue of reports showing serious safety deficiencies and persistent failure by the carrier concerned to address these deficiencies raised in ramp inspection reports performed under the SAFA programme and previously communicated to the carrier; (b) lack of ability of the carrier to address these safety deficiencies demonstrated by inappropriate and insufficient corrective actions presented in response to identified serious safety deficiencies; (c) lack of ability and willingness of the authorities responsible for the oversight of the carrier concerned to address the safety deficiencies demonstrated by their lack of cooperation with the competent authorities of Austria which performed the ramp inspections and their insufficient ability to implement and enforce the relevant safety standards.

| (14) | The safety deficiencies detected by Austria and other Member States on the aircraft of type AN-12, AN-26 and IL-76 were in the same areas. Furthermore, those deficiencies kept on reoccurring over the same period under consideration. This is evidence of the systemic nature of such deficiencies. |
| --- | --- |

(14)

The safety deficiencies detected by Austria and other Member States on the aircraft of type AN-12, AN-26 and IL-76 were in the same areas. Furthermore, those deficiencies kept on reoccurring over the same period under consideration. This is evidence of the systemic nature of such deficiencies.

| (15) | During consultations with the Commission and some Member States, Ukraine Cargo Airways submitted a plan of corrective actions which according to the carrier addresses all safety deficiencies in the area of maintenance, engineering and operations identified on all three types of aircraft with which the carrier has been operating into the Community. However, during these consultations the carrier was not able to demonstrate the adequacy of the proposed corrective actions. In particular, the carrier was not able to demonstrate the appropriateness of the proposed actions regarding operational discipline and failed to explain how inspections of aircraft used by the carrier to fly into the Community still revealed the same deficiencies as before the imposition of Austria of an operating ban, despite that various measures in the proposed action plan appeared already completed in the areas of operations of all types of aircraft used by that carrier. |
| --- | --- |

(15)

During consultations with the Commission and some Member States, Ukraine Cargo Airways submitted a plan of corrective actions which according to the carrier addresses all safety deficiencies in the area of maintenance, engineering and operations identified on all three types of aircraft with which the carrier has been operating into the Community. However, during these consultations the carrier was not able to demonstrate the adequacy of the proposed corrective actions. In particular, the carrier was not able to demonstrate the appropriateness of the proposed actions regarding operational discipline and failed to explain how inspections of aircraft used by the carrier to fly into the Community still revealed the same deficiencies as before the imposition of Austria of an operating ban, despite that various measures in the proposed action plan appeared already completed in the areas of operations of all types of aircraft used by that carrier.

| (16) | During the same consultations, the competent authorities of Ukraine submitted information about their decision to restrict the AOC of the carrier by removing the aircraft AN-12 with registration marks UR-UCK, UR-UDD and UR-UCN with which Ukraine Cargo Airways has been operating into Austria and other Member States and placing them under maintenance as well as by prohibiting the operation of the aircraft IL-76 with registration marks UR-UCA, UR-UCC, UR-UCD, UR-UCH, UR-UCO, UR-UCQ UR-UCT, UR-UCU, UR-UCW and UR-UCX until 19 November 2008. The carrier has operated with some of these aircraft (UR-UCA, UR-UCO and UR-UCU) into the Community. Also, these authorities confirmed that they had endorsed the corrective action plan of the carrier and committed to verify the implementation of the corrective actions by Ukraine Cargo Airways before authorising the carrier to resume operations with its AN-12 aircraft into the Community. |
| --- | --- |

(16)

During the same consultations, the competent authorities of Ukraine submitted information about their decision to restrict the AOC of the carrier by removing the aircraft AN-12 with registration marks UR-UCK, UR-UDD and UR-UCN with which Ukraine Cargo Airways has been operating into Austria and other Member States and placing them under maintenance as well as by prohibiting the operation of the aircraft IL-76 with registration marks UR-UCA, UR-UCC, UR-UCD, UR-UCH, UR-UCO, UR-UCQ UR-UCT, UR-UCU, UR-UCW and UR-UCX until 19 November 2008. The carrier has operated with some of these aircraft (UR-UCA, UR-UCO and UR-UCU) into the Community. Also, these authorities confirmed that they had endorsed the corrective action plan of the carrier and committed to verify the implementation of the corrective actions by Ukraine Cargo Airways before authorising the carrier to resume operations with its AN-12 aircraft into the Community.

| (17) | The Commission takes note of the measures taken by the competent authorities of Ukraine concerning the aircraft AN-12 and IL-76. However, it considers that the implementation of the corrective actions fail to address the systemic nature of the detected deficiencies which affect all types of aircraft so far used by the carrier in its operations into the Community. Moreover, the Commission considers that the results of ramp inspections (6) carried out on aircraft of type AN-26 after the consultations held with the carrier and its authorities and after the carrier had begun implementing corrective actions under the supervision of its authorities show that such actions do not provide for the appropriate resolution of the verified safety deficiencies on these type of aircraft or on any other type of aircraft operated by this carrier into the Community. |
| --- | --- |

(17)

The Commission takes note of the measures taken by the competent authorities of Ukraine concerning the aircraft AN-12 and IL-76. However, it considers that the implementation of the corrective actions fail to address the systemic nature of the detected deficiencies which affect all types of aircraft so far used by the carrier in its operations into the Community. Moreover, the Commission considers that the results of ramp inspections (6) carried out on aircraft of type AN-26 after the consultations held with the carrier and its authorities and after the carrier had begun implementing corrective actions under the supervision of its authorities show that such actions do not provide for the appropriate resolution of the verified safety deficiencies on these type of aircraft or on any other type of aircraft operated by this carrier into the Community.

6

| (18) | The carrier submitted on 1 April 2008 documentation containing a revised corrective actions plan reflecting the changes requested by the competent authorities of Ukraine following an audit of the company. The air carrier was also given the opportunity to make presentations to the Commission and the Air Safety Committee on 2 April; it was however, not able to demonstrate the appropriateness of the proposed revised actions regarding operational discipline and failed to explain how these actions would provide for sustainable solutions of all previously identified safety deficiencies. Therefore, this documentation will have to be further examined to ascertain whether the previously identified safety deficiencies have been appropriately addressed. |
| --- | --- |

(18)

The carrier submitted on 1 April 2008 documentation containing a revised corrective actions plan reflecting the changes requested by the competent authorities of Ukraine following an audit of the company. The air carrier was also given the opportunity to make presentations to the Commission and the Air Safety Committee on 2 April; it was however, not able to demonstrate the appropriateness of the proposed revised actions regarding operational discipline and failed to explain how these actions would provide for sustainable solutions of all previously identified safety deficiencies. Therefore, this documentation will have to be further examined to ascertain whether the previously identified safety deficiencies have been appropriately addressed.

| (19) | Pending the completion of such examination, and in the absence of any corrective actions able to redress the recurrence of systemic safety deficiencies without delay, the Commission considers that the carrier should not be allowed to operate into the Community until it has been verified that adequate measures have been put in place to ensure compliance with the relevant safety standards of the operation of any aircraft used by Ukraine Cargo Airways. |
| --- | --- |

(19)

Pending the completion of such examination, and in the absence of any corrective actions able to redress the recurrence of systemic safety deficiencies without delay, the Commission considers that the carrier should not be allowed to operate into the Community until it has been verified that adequate measures have been put in place to ensure compliance with the relevant safety standards of the operation of any aircraft used by Ukraine Cargo Airways.

| (20) | On the basis of the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is considered that Ukraine Cargo Airways does not meet the relevant safety standards. The air carrier should be subject to an operating ban of all its operations and should be included in Annex A. |
| --- | --- |

(20)

On the basis of the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is considered that Ukraine Cargo Airways does not meet the relevant safety standards. The air carrier should be subject to an operating ban of all its operations and should be included in Annex A.

Overall safety oversight

| (21) | The Commission considers that the overall exercise of safety oversight and in particular the implementation and enforcement of the relevant safety standards by the competent authorities of Ukraine needs to be strengthened in order to ensure for sustainable corrective actions by the carriers under its regulatory control. The growing number of carriers which are subject to exceptional measures by Member States and subsequently included in Annex A needs to be urgently addressed by the competent authorities of Ukraine. Therefore, these authorities are invited to present a plan of measures to enhance the exercise of safety oversight of operators under their regulatory control and of aircraft registered in the Ukraine which are used for operations in the Community. The Commission will closely monitor the implementation of these measures including those referred to under recitals 15 and 18 with a view to submitting draft appropriate measures at the next meeting of the Air Safety Committee. |
| --- | --- |

(21)

The Commission considers that the overall exercise of safety oversight and in particular the implementation and enforcement of the relevant safety standards by the competent authorities of Ukraine needs to be strengthened in order to ensure for sustainable corrective actions by the carriers under its regulatory control. The growing number of carriers which are subject to exceptional measures by Member States and subsequently included in Annex A needs to be urgently addressed by the competent authorities of Ukraine. Therefore, these authorities are invited to present a plan of measures to enhance the exercise of safety oversight of operators under their regulatory control and of aircraft registered in the Ukraine which are used for operations in the Community. The Commission will closely monitor the implementation of these measures including those referred to under recitals 15 and 18 with a view to submitting draft appropriate measures at the next meeting of the Air Safety Committee.

Cubana de Aviación SA

| (22) | There is verified evidence of non-compliance with specific safety standards established by the Chicago Convention on the part of Cubana de Aviación. These deficiencies have been identified by the United Kingdom during a ramp inspection performed under the SAFA programme (7). |
| --- | --- |

(22)

There is verified evidence of non-compliance with specific safety standards established by the Chicago Convention on the part of Cubana de Aviación. These deficiencies have been identified by the United Kingdom during a ramp inspection performed under the SAFA programme (7).

7

| (23) | The United Kingdom communicated to the Commission that it adopted an immediate operating ban on the aircraft of type Ilyushin IL-62 with registration marks CU-T1283 and CU-T1284 of Cubana de Aviación taking into account the common criteria, in the framework of Article 6(1) of Regulation (EC) No 2111/2005. These aircraft are not currently fitted with EGPWS — Enhanced Ground Proximity Warning System, equipment necessary for operations into the Community in compliance with Annex 6 to the Chicago Convention. |
| --- | --- |

(23)

The United Kingdom communicated to the Commission that it adopted an immediate operating ban on the aircraft of type Ilyushin IL-62 with registration marks CU-T1283 and CU-T1284 of Cubana de Aviación taking into account the common criteria, in the framework of Article 6(1) of Regulation (EC) No 2111/2005. These aircraft are not currently fitted with EGPWS — Enhanced Ground Proximity Warning System, equipment necessary for operations into the Community in compliance with Annex 6 to the Chicago Convention.

| (24) | Following consultations with the Commission and some Member States, the competent authorities of the Republic of Cuba adopted a decision to limit the AOC of Cubana de Aviación to exclude the aircraft IL-62 from any operations of the carrier into the Community until EGPWS has been installed on such aircraft. Also, these authorities have undertaken to ensure that EGPWS will be installed by 15 June 2008 on all aircraft of that carrier operating to the Community. Finally, the competent authorities of the Republic of Cuba have committed themselves to verify that all detected safety deficiencies, including the installation of EGPWS, are efficiently addressed by Cubana de Aviación by that date and to transmit the results of such verification to the Commission before this carrier can resume operations with aircraft of type IL-62 into the Community. |
| --- | --- |

(24)

Following consultations with the Commission and some Member States, the competent authorities of the Republic of Cuba adopted a decision to limit the AOC of Cubana de Aviación to exclude the aircraft IL-62 from any operations of the carrier into the Community until EGPWS has been installed on such aircraft. Also, these authorities have undertaken to ensure that EGPWS will be installed by 15 June 2008 on all aircraft of that carrier operating to the Community. Finally, the competent authorities of the Republic of Cuba have committed themselves to verify that all detected safety deficiencies, including the installation of EGPWS, are efficiently addressed by Cubana de Aviación by that date and to transmit the results of such verification to the Commission before this carrier can resume operations with aircraft of type IL-62 into the Community.

| (25) | On the basis of the common criteria set out in the Annex to Regulation (EC) No 2111/2005 and in view of the actions taken by the competent authorities of the Republic of Cuba it is assessed that no further action is needed. The Commission shall report to the Member States about the implementation of the corrective actions at the next meeting of the Air Safety Committee. However, should the measures be considered unsatisfactory, the Commission will submit appropriate draft measures to the Committee. |
| --- | --- |

(25)

On the basis of the common criteria set out in the Annex to Regulation (EC) No 2111/2005 and in view of the actions taken by the competent authorities of the Republic of Cuba it is assessed that no further action is needed. The Commission shall report to the Member States about the implementation of the corrective actions at the next meeting of the Air Safety Committee. However, should the measures be considered unsatisfactory, the Commission will submit appropriate draft measures to the Committee.

Islands Development Company

| (26) | There is verified evidence that the aircraft of type Beech 1900 with registration mark S7-IDC of the carrier Islands Development Company licensed in Seychelles is not fitted with EGPWS — Enhanced Ground Proximity Warning System, equipment necessary for operations into the Community in compliance with Annex 6 to the Chicago Convention. In addition, the certified documents which the Chicago Convention prescribes to be kept on board could not be showed. These deficiencies have been identified by France during a ramp inspection performed under the SAFA programme (8). |
| --- | --- |

(26)

There is verified evidence that the aircraft of type Beech 1900 with registration mark S7-IDC of the carrier Islands Development Company licensed in Seychelles is not fitted with EGPWS — Enhanced Ground Proximity Warning System, equipment necessary for operations into the Community in compliance with Annex 6 to the Chicago Convention. In addition, the certified documents which the Chicago Convention prescribes to be kept on board could not be showed. These deficiencies have been identified by France during a ramp inspection performed under the SAFA programme (8).

8

| (27) | France communicated to the Commission that it adopted an immediate operating ban on the abovementioned aircraft of this carrier taking into account the common criteria, in the framework of Article 6(1) of Regulation (EC) No 2111/2005 and submitted to the Commission a request to update the Community list in accordance with Article 4(2) of Regulation (EC) No 2111/2005, and as prescribed by Article 6 of Regulation (EC) No 473/2006. |
| --- | --- |

(27)

France communicated to the Commission that it adopted an immediate operating ban on the abovementioned aircraft of this carrier taking into account the common criteria, in the framework of Article 6(1) of Regulation (EC) No 2111/2005 and submitted to the Commission a request to update the Community list in accordance with Article 4(2) of Regulation (EC) No 2111/2005, and as prescribed by Article 6 of Regulation (EC) No 473/2006.

| (28) | By letter of 11 March 2008, the Civil Aviation Authority of Seychelles confirmed that the carrier Island Development Company licensed in Seychelles has taken action to install the EGPWS on its Beech 1900D aircraft with registration mark S7-IDC. The EGPWS has been ordered and installed on 26 March 2008. A certified confirmation of this installation has been delivered by the carrier during a meeting held with the Commission on 31 March 2008. In addition, the competent authorities of Seychelles confirmed that certified copies of the prescribed documents were put on board as of 27 February 2008 onwards. |
| --- | --- |

(28)

By letter of 11 March 2008, the Civil Aviation Authority of Seychelles confirmed that the carrier Island Development Company licensed in Seychelles has taken action to install the EGPWS on its Beech 1900D aircraft with registration mark S7-IDC. The EGPWS has been ordered and installed on 26 March 2008. A certified confirmation of this installation has been delivered by the carrier during a meeting held with the Commission on 31 March 2008. In addition, the competent authorities of Seychelles confirmed that certified copies of the prescribed documents were put on board as of 27 February 2008 onwards.

| (29) | On the basis of the common criteria, it is assessed that Islands Development Company has taken all the necessary measures to conform to relevant safety standards and therefore should not be included in Annex A. |
| --- | --- |

(29)

On the basis of the common criteria, it is assessed that Islands Development Company has taken all the necessary measures to conform to relevant safety standards and therefore should not be included in Annex A.

Hewa Bora Airways

| (30) | Hewa Bora Airways is no longer operating into the Community under the supervision of the competent authorities of Belgium its aircraft of type Boeing B767-266ER, cons. No 23 178, and with registration mark 9Q-CJD, which is included in Annex B. Since the provisional regime of ramp inspections and surveillance of this aircraft cannot be guaranteed anymore, operations with this aircraft should also be banned. |
| --- | --- |

(30)

Hewa Bora Airways is no longer operating into the Community under the supervision of the competent authorities of Belgium its aircraft of type Boeing B767-266ER, cons. No 23 178, and with registration mark 9Q-CJD, which is included in Annex B. Since the provisional regime of ramp inspections and surveillance of this aircraft cannot be guaranteed anymore, operations with this aircraft should also be banned.

| (31) | As a consequence, the air carrier should be subject to a ban of all its operations and should be moved from Annex B to Annex A. |
| --- | --- |

(31)

As a consequence, the air carrier should be subject to a ban of all its operations and should be moved from Annex B to Annex A.

TAAG Angola Airlines

| (32) | Following the invitation by the competent authorities of Angola and by the carrier TAAG Angola Airlines, a team of experts of the Commission and the Member States conducted a fact-finding mission to Angola from 18 to 22 February 2008. During this mission the carrier provided an updated status of its corrective and preventive action plan, aimed at restoring compliance with ICAO standards. The report of the team shows that TAAG Angola Airlines has made good progress in the implementation of its action plan in that, overall, more than fifty percent of the actions can be considered as completed. In particular, the findings related to flight and ground operations have been responded to a large degree. The carrier was invited to continue its efforts towards full completion of its action plan. In addition, the team noted that the carrier has completed the first step of a full recertification by the competent authorities of Angola. |
| --- | --- |

(32)

Following the invitation by the competent authorities of Angola and by the carrier TAAG Angola Airlines, a team of experts of the Commission and the Member States conducted a fact-finding mission to Angola from 18 to 22 February 2008. During this mission the carrier provided an updated status of its corrective and preventive action plan, aimed at restoring compliance with ICAO standards. The report of the team shows that TAAG Angola Airlines has made good progress in the implementation of its action plan in that, overall, more than fifty percent of the actions can be considered as completed. In particular, the findings related to flight and ground operations have been responded to a large degree. The carrier was invited to continue its efforts towards full completion of its action plan. In addition, the team noted that the carrier has completed the first step of a full recertification by the competent authorities of Angola.

| (33) | The team noted significant continuing deficiencies in the areas of continued airworthiness and maintenance, which were reported to TAAG Angola Airlines and its authorities and should be addressed adequately before any modification of the operating ban imposed on the carrier. |
| --- | --- |

(33)

The team noted significant continuing deficiencies in the areas of continued airworthiness and maintenance, which were reported to TAAG Angola Airlines and its authorities and should be addressed adequately before any modification of the operating ban imposed on the carrier.

| (34) | The team also assessed the corrective action plan proposed by the competent authorities of Angola (INAVIC) aiming at enhancing the exercise of safety oversight of the TAAG Angola Airlines along with all carriers under its regulatory control. To that end the team assessed the degree of compliance by INAVIC with applicable ICAO standards also on the basis of the results of the ICAO USOAP audit carried out in November 2007. The report of the team shows that a new civil aviation act was published on 16 January 2008, and that INAVIC is progressing towards the establishment of an independent and well-structured civil aviation authority. However, the team noted that the new provisions of the civil aviation act and the related specific operating regulations have not been implemented yet and that currently all carriers of Angola have Air Operator's Certificates, which do not comply with Annex 6 of the Chicago Convention. INAVIC was invited to continue the restructuring of its organisation, to progress as quickly as possible with its capacity building, as well as to continue with determination the recertification process of the carriers in order to demonstrate compliance with Angolan regulations and applicable ICAO standards, and to report the results in due time to the Commission. |
| --- | --- |

(34)

The team also assessed the corrective action plan proposed by the competent authorities of Angola (INAVIC) aiming at enhancing the exercise of safety oversight of the TAAG Angola Airlines along with all carriers under its regulatory control. To that end the team assessed the degree of compliance by INAVIC with applicable ICAO standards also on the basis of the results of the ICAO USOAP audit carried out in November 2007. The report of the team shows that a new civil aviation act was published on 16 January 2008, and that INAVIC is progressing towards the establishment of an independent and well-structured civil aviation authority. However, the team noted that the new provisions of the civil aviation act and the related specific operating regulations have not been implemented yet and that currently all carriers of Angola have Air Operator's Certificates, which do not comply with Annex 6 of the Chicago Convention. INAVIC was invited to continue the restructuring of its organisation, to progress as quickly as possible with its capacity building, as well as to continue with determination the recertification process of the carriers in order to demonstrate compliance with Angolan regulations and applicable ICAO standards, and to report the results in due time to the Commission.

| (35) | The Commission acknowledges the efforts made by TAAG Angola Airlines and by INAVIC towards achieving all the required measures to conform to relevant safety standards. However, the Commission considers that a decision to withdraw TAAG Angola Airlines from the Community list is, at this stage, premature as there are still significant safety deficiencies which have to be addressed by the carrier as well as by the competent authorities. In addition, the recertification process of TAAG Angola Airlines as well as of the rest of the carriers by the competent authorities is still ongoing. The Commission notes that for the recertification process to be completed within the time span indicated by the competent authorities of Angola, a substantial increase in their human and financial resources will be necessary. |
| --- | --- |

(35)

The Commission acknowledges the efforts made by TAAG Angola Airlines and by INAVIC towards achieving all the required measures to conform to relevant safety standards. However, the Commission considers that a decision to withdraw TAAG Angola Airlines from the Community list is, at this stage, premature as there are still significant safety deficiencies which have to be addressed by the carrier as well as by the competent authorities. In addition, the recertification process of TAAG Angola Airlines as well as of the rest of the carriers by the competent authorities is still ongoing. The Commission notes that for the recertification process to be completed within the time span indicated by the competent authorities of Angola, a substantial increase in their human and financial resources will be necessary.

| (36) | The Commission considers that the compliance by the competent authorities of Angola with ICAO obligatory standards and recommended practices and in particular the exercise of oversight depend also on the financial means at the disposal of these authorities. The Commission shall await progress reports from TAAG Angola Airlines and INAVIC in due time. |
| --- | --- |

(36)

The Commission considers that the compliance by the competent authorities of Angola with ICAO obligatory standards and recommended practices and in particular the exercise of oversight depend also on the financial means at the disposal of these authorities. The Commission shall await progress reports from TAAG Angola Airlines and INAVIC in due time.

Mahan Air

| (37) | The Commission and some Member States held consultations on 14 December 2007 and on 12 March 2008 with Mahan Air and the competent authorities of the Islamic Republic of Iran regarding the verification by these authorities of the progressive implementation of the corrective actions by the carrier. In particular, during the consultations on 14 December 2007, the Commission requested that any documentation regarding any progress in the implementation of the corrective actions by Mahan Air be submitted to the Commission by the end of February 2008. |
| --- | --- |

(37)

The Commission and some Member States held consultations on 14 December 2007 and on 12 March 2008 with Mahan Air and the competent authorities of the Islamic Republic of Iran regarding the verification by these authorities of the progressive implementation of the corrective actions by the carrier. In particular, during the consultations on 14 December 2007, the Commission requested that any documentation regarding any progress in the implementation of the corrective actions by Mahan Air be submitted to the Commission by the end of February 2008.

| (38) | During the consultations held on 12 March 2008, the competent authorities of the Islamic Republic of Iran have stated that they have inspected the carrier Mahan Air and that all safety deficiencies have been resolved to their satisfaction. However, neither the carrier nor its authorities presented documentation providing evidence of the implementation of corrective measures in order to demonstrate the adequacy of such actions to provide sustainable solutions and ensure effective compliance with the corrective actions plan presented in September and November 2007. |
| --- | --- |

(38)

During the consultations held on 12 March 2008, the competent authorities of the Islamic Republic of Iran have stated that they have inspected the carrier Mahan Air and that all safety deficiencies have been resolved to their satisfaction. However, neither the carrier nor its authorities presented documentation providing evidence of the implementation of corrective measures in order to demonstrate the adequacy of such actions to provide sustainable solutions and ensure effective compliance with the corrective actions plan presented in September and November 2007.

| (39) | The competent authorities of the Islamic Republic of Iran submitted to the Commission on 26 March 2008 documentation concerning a detailed progress report and material concerning the implementation of corrective actions by Mahan Air following an audit of the company. The Commission intends to examine the submitted documentation with a view to verifying whether the previously identified safety deficiencies have been appropriately addressed. |
| --- | --- |

(39)

The competent authorities of the Islamic Republic of Iran submitted to the Commission on 26 March 2008 documentation concerning a detailed progress report and material concerning the implementation of corrective actions by Mahan Air following an audit of the company. The Commission intends to examine the submitted documentation with a view to verifying whether the previously identified safety deficiencies have been appropriately addressed.

| (40) | Until the completion of such examination, the Commission considers that there is currently not sufficient evidence to demonstrate that the carrier has completed the corrective actions to eliminate the deficiencies which led to its inclusion in the Community list. |
| --- | --- |

(40)

Until the completion of such examination, the Commission considers that there is currently not sufficient evidence to demonstrate that the carrier has completed the corrective actions to eliminate the deficiencies which led to its inclusion in the Community list.

| (41) | On the basis of the common criteria, it is assessed that, at present, it has not been verified that Mahan Air has taken all required measures to conform to relevant safety standards and that therefore, it may not yet be withdrawn from Annex A. The Commission will continue to cooperate with the competent authorities of the Islamic Republic of Iran to monitor the implementation of corrective actions by Mahan Airlines and to ensure that they provide for sustainable solutions in the long term. To that end, it intends to carry out a visit in the coming months. |
| --- | --- |

(41)

On the basis of the common criteria, it is assessed that, at present, it has not been verified that Mahan Air has taken all required measures to conform to relevant safety standards and that therefore, it may not yet be withdrawn from Annex A. The Commission will continue to cooperate with the competent authorities of the Islamic Republic of Iran to monitor the implementation of corrective actions by Mahan Airlines and to ensure that they provide for sustainable solutions in the long term. To that end, it intends to carry out a visit in the coming months.

Air carriers from the Russian Federation

| (42) | As stated in Regulation (EC) No 1400/2007, by virtue of a decision of the competent authorities of the Russian Federation dated 26 November 2007, certain air carriers licensed by these authorities are authorised to operate into the Community only with specific equipment. The air carriers and aircraft affected are: Krasnoyarsk Airlines: aircraft Boeing B-737 (EI-DNH/DNS/DNT/CBQ/CLZ/CLW), B-757 (EI-DUA/DUD/DUC/DUE), B-767 (EI-DMP/DMH), Tupolev Тu-214 (RA-65508), Тu-154M (RA-85720); Ural Airlines: aircraft Airbus А-320 (VP-BQY/BQZ), Тu-154M (RA-85807/85814/85833/85844); Gazpromavia: aircraft Falcon-900 (RA-09000/09001/09006/09008); Atlant-Soyuz: aircraft Boeing B-737 (VP-BBL/BBM), Тu-154M (RA-85709/85740); UTAir: aircraft ATR-42 (VP-BCB/BCF/BPJ/BPK), Gulfstream IV (RA-10201/10202), Тu-154M (RA-85805/85808); Kavminvodyavia: aircraft Тu-204 (RA-64022/64016), Тu-154М (RA-85715/85826/85746); Kuban Airlines: aircraft Yak-42 (RA-42386/42367/42375); Air Company Yakutia: aircraft Тu-154М (RA-85700/85794) and B-757-200 (VP-BFI); Airlines 400: aircraft Тu-204 (RA-64018/64020). Furthermore, according to that decision, certain air carriers are not allowed to operate into the Community with specific aircraft; the air carriers and aircraft affected are: Orenburg Airlines: aircraft Tu-154 (RA-85768) and B-737-400 (VP-BGQ); Air Company Tatarstan: aircraft Tu-154 (RA 85101 and RA-85109); Air Company Sibir: aircraft B-737-400 (VP-BTA); and Rossija: aircraft Tu-154 (RA-85753 and RA-85835). |
| --- | --- |

(42)

As stated in Regulation (EC) No 1400/2007, by virtue of a decision of the competent authorities of the Russian Federation dated 26 November 2007, certain air carriers licensed by these authorities are authorised to operate into the Community only with specific equipment. The air carriers and aircraft affected are: Krasnoyarsk Airlines: aircraft Boeing B-737 (EI-DNH/DNS/DNT/CBQ/CLZ/CLW), B-757 (EI-DUA/DUD/DUC/DUE), B-767 (EI-DMP/DMH), Tupolev Тu-214 (RA-65508), Тu-154M (RA-85720); Ural Airlines: aircraft Airbus А-320 (VP-BQY/BQZ), Тu-154M (RA-85807/85814/85833/85844); Gazpromavia: aircraft Falcon-900 (RA-09000/09001/09006/09008); Atlant-Soyuz: aircraft Boeing B-737 (VP-BBL/BBM), Тu-154M (RA-85709/85740); UTAir: aircraft ATR-42 (VP-BCB/BCF/BPJ/BPK), Gulfstream IV (RA-10201/10202), Тu-154M (RA-85805/85808); Kavminvodyavia: aircraft Тu-204 (RA-64022/64016), Тu-154М (RA-85715/85826/85746); Kuban Airlines: aircraft Yak-42 (RA-42386/42367/42375); Air Company Yakutia: aircraft Тu-154М (RA-85700/85794) and B-757-200 (VP-BFI); Airlines 400: aircraft Тu-204 (RA-64018/64020). Furthermore, according to that decision, certain air carriers are not allowed to operate into the Community with specific aircraft; the air carriers and aircraft affected are: Orenburg Airlines: aircraft Tu-154 (RA-85768) and B-737-400 (VP-BGQ); Air Company Tatarstan: aircraft Tu-154 (RA 85101 and RA-85109); Air Company Sibir: aircraft B-737-400 (VP-BTA); and Rossija: aircraft Tu-154 (RA-85753 and RA-85835).

| (43) | The competent authorities of the Russian Federation informed the Commission on 26 March 2008 that they envisaged changing their decision of 26 November 2007 regarding operating restrictions imposed on certain carriers licensed in the Russian Federation to the effect that all previous operational restrictions on all carriers concerned would be lifted as of 25 April 2008. |
| --- | --- |

(43)

The competent authorities of the Russian Federation informed the Commission on 26 March 2008 that they envisaged changing their decision of 26 November 2007 regarding operating restrictions imposed on certain carriers licensed in the Russian Federation to the effect that all previous operational restrictions on all carriers concerned would be lifted as of 25 April 2008.

| (44) | The competent authorities of the Russian Federation were invited by the Commission on 27 March to submit to the Commission and to the Air Safety Committee the evidence of reliable information about the improvement of the internal monitoring system of the carriers concerned regarding the safety of their flights which lead them to envisage a decision lifting of the operating restrictions on the air carriers concerned. They undertook to present this information by 9 April 2008 at the latest, and, together with each air carrier concerned, to make presentations to the Commission and Member States regarding the safety situation of these air carriers before the entry into force of their decision. Should this information be submitted to the Commission at a later stage, the competent authorities of the Russian Federation undertook on 2 April 2008 before the Air Safety Committee to postpone the entry into force of their envisaged decision in agreement with the Commission. |
| --- | --- |

(44)

The competent authorities of the Russian Federation were invited by the Commission on 27 March to submit to the Commission and to the Air Safety Committee the evidence of reliable information about the improvement of the internal monitoring system of the carriers concerned regarding the safety of their flights which lead them to envisage a decision lifting of the operating restrictions on the air carriers concerned. They undertook to present this information by 9 April 2008 at the latest, and, together with each air carrier concerned, to make presentations to the Commission and Member States regarding the safety situation of these air carriers before the entry into force of their decision. Should this information be submitted to the Commission at a later stage, the competent authorities of the Russian Federation undertook on 2 April 2008 before the Air Safety Committee to postpone the entry into force of their envisaged decision in agreement with the Commission.

| (45) | The Commission takes note of the envisaged decision of the competent authorities of the Russian Federation and intends to examine the material, which these authorities have undertaken to submit in the light of the corrective action plans previously submitted by the carriers concerned to the Commission. The Commission intends to coordinate with the competent authorities of the Russian Federation the results of its examination before the entry into force of the abovementioned envisaged decision. |
| --- | --- |

(45)

The Commission takes note of the envisaged decision of the competent authorities of the Russian Federation and intends to examine the material, which these authorities have undertaken to submit in the light of the corrective action plans previously submitted by the carriers concerned to the Commission. The Commission intends to coordinate with the competent authorities of the Russian Federation the results of its examination before the entry into force of the abovementioned envisaged decision.

| (46) | In the meantime, the provisions of the decision of the competent authorities of the Russian Federation of 26 November 2007 should remain in force; hence, operations into the Community of the abovementioned carriers should take place only under the terms and conditions provided in that decision and stated in recitals 34 to 36 of Regulation (EC) No 1400/2007. |
| --- | --- |

(46)

In the meantime, the provisions of the decision of the competent authorities of the Russian Federation of 26 November 2007 should remain in force; hence, operations into the Community of the abovementioned carriers should take place only under the terms and conditions provided in that decision and stated in recitals 34 to 36 of Regulation (EC) No 1400/2007.

| (47) | The Commission intends to monitor the performance of the abovementioned carriers, and examine their safety situation in the light of the results of the above process with a view to adopting, if necessary, appropriate measures to ensure that all relevant standards are guaranteed in the Community, taking into account the provisions of Article 7 of Regulation (EC) No 2111/2005. |
| --- | --- |

(47)

The Commission intends to monitor the performance of the abovementioned carriers, and examine their safety situation in the light of the results of the above process with a view to adopting, if necessary, appropriate measures to ensure that all relevant standards are guaranteed in the Community, taking into account the provisions of Article 7 of Regulation (EC) No 2111/2005.

Air carriers from the Kyrgyz Republic

| (48) | The authorities of the Kyrgyz Republic have provided the Commission with evidence of the withdrawal of the Air Operator's Certificates of Galaxy Air on grounds of safety. Since this carrier certified in the Kyrgyz Republic has consequently ceased its activities, it should be withdrawn from Annex A. |
| --- | --- |

(48)

The authorities of the Kyrgyz Republic have provided the Commission with evidence of the withdrawal of the Air Operator's Certificates of Galaxy Air on grounds of safety. Since this carrier certified in the Kyrgyz Republic has consequently ceased its activities, it should be withdrawn from Annex A.

Air carriers from Equatorial Guinea

| (49) | The Commission has received information that the carrier Ceiba Intercontinental is operating commercial services under an AOC issued by the competent authorities of Equatorial Guinea and has requested these authorities to submit all relevant information regarding this company. The competent authorities of Equatorial Guinea have not responded to the Commission's request. |
| --- | --- |

(49)

The Commission has received information that the carrier Ceiba Intercontinental is operating commercial services under an AOC issued by the competent authorities of Equatorial Guinea and has requested these authorities to submit all relevant information regarding this company. The competent authorities of Equatorial Guinea have not responded to the Commission's request.

| (50) | On the basis of the common criteria set out in the Annex to Regulation (EC) No 2111/2005 the carrier Ceiba Intercontinental should be subject to an operating ban and should be therefore included in Annex A. |
| --- | --- |

(50)

On the basis of the common criteria set out in the Annex to Regulation (EC) No 2111/2005 the carrier Ceiba Intercontinental should be subject to an operating ban and should be therefore included in Annex A.

| (51) | The air carrier Cronos Airlines licensed in Equatorial Guinea has submitted documentation requesting the Commission to be excluded from Annex A stating that the aircraft it operates are wet leased on an ‘ACMI’ basis (aircraft, crew, maintenance, insurance) from a carrier licensed in the Republic of South Africa. |
| --- | --- |

(51)

The air carrier Cronos Airlines licensed in Equatorial Guinea has submitted documentation requesting the Commission to be excluded from Annex A stating that the aircraft it operates are wet leased on an ‘ACMI’ basis (aircraft, crew, maintenance, insurance) from a carrier licensed in the Republic of South Africa.

| (52) | The Commission considers that the submissions presented by Cronos Airlines do not justify the removal from Annex A. However, all carriers which are included in Annex A may be permitted to exercise traffic rights by using wet-leased aircraft of air carriers which are not subject to an operating ban, provided that the relevant safety standards are complied with. |
| --- | --- |

(52)

The Commission considers that the submissions presented by Cronos Airlines do not justify the removal from Annex A. However, all carriers which are included in Annex A may be permitted to exercise traffic rights by using wet-leased aircraft of air carriers which are not subject to an operating ban, provided that the relevant safety standards are complied with.

Air carriers from Swaziland

| (53) | The competent authorities of Swaziland have requested that the carriers Royal Swazi Airways Corporation and Scan Air Charter be excluded from Annex A because these carriers do not own any more any aircraft and therefore do not operate any services. Also, they requested that the carrier Swaziland Airlink be removed from Annex A because it operates services with aircraft certified and maintained and crew-licensed in the Republic of South Africa. The competent authorities of Swaziland validate the certificates, approvals and licenses concerned. |
| --- | --- |

(53)

The competent authorities of Swaziland have requested that the carriers Royal Swazi Airways Corporation and Scan Air Charter be excluded from Annex A because these carriers do not own any more any aircraft and therefore do not operate any services. Also, they requested that the carrier Swaziland Airlink be removed from Annex A because it operates services with aircraft certified and maintained and crew-licensed in the Republic of South Africa. The competent authorities of Swaziland validate the certificates, approvals and licenses concerned.

| (54) | As regards Royal Swazi Airways Corporation and Scan Air Charter, the Commission considers that the withdrawal from Annex A is not justified, as there is no evidence that these carriers have ceased to exist. With regards to the carrier Swaziland Airlink, the Commission considers that the withdrawal from Annex A is not justified. However, all carriers which are included in Annex A may be permitted to exercise traffic rights by using wet-leased aircraft of air carriers which are not subject to an operating ban, provided that the relevant safety standards are complied with. |
| --- | --- |

(54)

As regards Royal Swazi Airways Corporation and Scan Air Charter, the Commission considers that the withdrawal from Annex A is not justified, as there is no evidence that these carriers have ceased to exist. With regards to the carrier Swaziland Airlink, the Commission considers that the withdrawal from Annex A is not justified. However, all carriers which are included in Annex A may be permitted to exercise traffic rights by using wet-leased aircraft of air carriers which are not subject to an operating ban, provided that the relevant safety standards are complied with.

Air carriers from the Republic of Indonesia

| (55) | The Commission received on 25 March 2008 a new action plan prepared by the competent authorities of Indonesia, which was not accompanied by supporting documentary evidence of its implementation, and which shows that the completion of several milestones is not foreseen before September 2008. This information does not demonstrate that the national authorities have, at this stage, the ability to ensure the oversight of all carriers which they certify, including Garuda. |
| --- | --- |

(55)

The Commission received on 25 March 2008 a new action plan prepared by the competent authorities of Indonesia, which was not accompanied by supporting documentary evidence of its implementation, and which shows that the completion of several milestones is not foreseen before September 2008. This information does not demonstrate that the national authorities have, at this stage, the ability to ensure the oversight of all carriers which they certify, including Garuda.

| (56) | The Commission will continue to provide technical assistance to and strongly supports the efforts of Indonesia towards implementing the necessary measures to ensure that safety is guaranteed. |
| --- | --- |

(56)

The Commission will continue to provide technical assistance to and strongly supports the efforts of Indonesia towards implementing the necessary measures to ensure that safety is guaranteed.

| (57) | However, at present, the Commission considers that these authorities have not demonstrated that they have completed the proposed corrective actions to ensure that the relevant safety standards are complied with and that therefore, none of the Indonesian carriers can be at this stage, withdrawn from the Community list unless both any such carrier and the competent national authorities can demonstrate compliance with ICAO standards. |
| --- | --- |

(57)

However, at present, the Commission considers that these authorities have not demonstrated that they have completed the proposed corrective actions to ensure that the relevant safety standards are complied with and that therefore, none of the Indonesian carriers can be at this stage, withdrawn from the Community list unless both any such carrier and the competent national authorities can demonstrate compliance with ICAO standards.

Garuda Indonesia Airline

| (58) | The carrier Garuda Indonesia Airline submitted to the Commission on 10 and 18 March 2008 extensive documentation, which includes answers of the company to the observations raised by the team of experts of the Commission and the Member States during its mission conducted from 5 to 9 November 2007. This documentation was reviewed carefully by the Commission, which has requested complementary information to be provided in order to complete the assessment of the safety situation of Garuda. The carrier committed to submit the said information without delay. |
| --- | --- |

(58)

The carrier Garuda Indonesia Airline submitted to the Commission on 10 and 18 March 2008 extensive documentation, which includes answers of the company to the observations raised by the team of experts of the Commission and the Member States during its mission conducted from 5 to 9 November 2007. This documentation was reviewed carefully by the Commission, which has requested complementary information to be provided in order to complete the assessment of the safety situation of Garuda. The carrier committed to submit the said information without delay.

| (59) | The carrier also made on 28 March 2008 a formal request to present its comments orally to the Air Safety Committee during its upcoming meeting, and was subsequently heard on 3 April 2008. |
| --- | --- |

(59)

The carrier also made on 28 March 2008 a formal request to present its comments orally to the Air Safety Committee during its upcoming meeting, and was subsequently heard on 3 April 2008.

| (60) | The Commission and the Member States took note that the carrier has made progress in the implementation of corrective actions to remedy the observations raised by the team in its mission report. However, they also took note that, in order to comply with ICAO standards, corrective actions need to be continued and completed in a number of areas, inter alia the equipment of the complete Boeing 737 fleet with E-GPWS — Enhanced Ground Proximity Warning System, the implementation of Flight Data Monitoring for the whole fleet of the carrier, as well as the necessary improvements of its internal control systems. |
| --- | --- |

(60)

The Commission and the Member States took note that the carrier has made progress in the implementation of corrective actions to remedy the observations raised by the team in its mission report. However, they also took note that, in order to comply with ICAO standards, corrective actions need to be continued and completed in a number of areas, inter alia the equipment of the complete Boeing 737 fleet with E-GPWS — Enhanced Ground Proximity Warning System, the implementation of Flight Data Monitoring for the whole fleet of the carrier, as well as the necessary improvements of its internal control systems.

inter alia

| (61) | In the light of the considerations presented under recitals 55 to 60, the Commission considers that the air carrier Garuda Indonesia Airline cannot be withdrawn from Annex A yet. |
| --- | --- |

(61)

In the light of the considerations presented under recitals 55 to 60, the Commission considers that the air carrier Garuda Indonesia Airline cannot be withdrawn from Annex A yet.

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

| (62) | No evidence of the full implementation of appropriate remedial actions by the other carriers included in the Community list updated on 28 November 2007 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. |
| --- | --- |

(62)

No evidence of the full implementation of appropriate remedial actions by the other carriers included in the Community list updated on 28 November 2007 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.

| (63) | The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee, |
| --- | --- |

(63)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

| 1. | Annex A is replaced by Annex A to this Regulation. |
| --- | --- |

1.

Annex A is replaced by Annex A to this Regulation.

| 2. | Annex B is replaced by Annex B to this Regulation. |
| --- | --- |

2.

Annex B is replaced by Annex B to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 April 2008.

For the Commission

Jacques BARROT

Vice-President

---

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

1

(2)  
  OJ L 84, 23.3.2006, p. 14. Regulation as last amended by Regulation (EC) No 1400/2007 (OJ L 311, 29.11.2007, p. 12).

2

(3)  
  OJ L 373, 31.12.1991, p. 4. Regulation as amended by Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 79, 19.3.2008, p. 1).

3

(4)  Commission Regulation (EC) No 787/2007 of 4 July 2007 (OJ L 175, 5.7.2007, p. 10).

4

(5)  SAFA reports: ACG-2007-36; ACG-2007-43; ACG-2007-56; ACG-2007-150; ACG-2007-205; ACG-2008-42; DGCATR-2007-374; LBA/D-2008-95; LBA/D-2008-117; LBA/D-2008-121; CAO-2007-57; LBA/D-2007-292; MOTLUX-2008-2; CAALAT-2007-14; DGAC-E-2006-801; LBA/D-2007-29; LBA/D-2008-114; LBA/D-2008-120; CAA-NL-2007-137; ENAC-IT-2006-389; LBA/D-2006-684; RCAARO-2006-46; RCAARO-2007-118; ENAC-IT-2007-322; ENAC-IT-2007-432; RCAARO-2006-38; RCAARO-2007-58.

5

(6)  LBA/D-2008-117, LBA/D-2008-121, MOTLUX-2008-2, BUL-2008-3, LBA/D-2008-114, LBA/D-2008-120.

6

(7)  CAA-UK-2008-8.

7

(8)  DGAC/F-2008-152.

8

---

ANNEX A

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

| Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different) | Air Operator Certificate (AOC) Number or Operating Licence Number | ICAO airline designation number | State of the Operator |
| --- | --- | --- | --- |
| AIR KORYO | Unknown | KOR | Democratic People's Republic of Korea (DPRK) |
| AIR WEST CO. LTD | 004/A | AWZ | Sudan |
| ARIANA AFGHAN AIRLINES | 009 | AFG | Afghanistan |
| MAHAN AIR | FS 105 | IRM | Islamic Republic of Iran |
| SILVERBACK CARGO FREIGHTERS | Unknown | VRB | Rwanda |
| TAAG ANGOLA AIRLINES | 001 | DTA | Angola |
| UKRAINE CARGO AIRWAYS | 145 | UKS | Ukraine |
| UKRAINIAN MEDITERRANEAN AIRLINES | 164 | UKM | Ukraine |
| VOLARE AVIATION ENTREPRISE | 143 | VRE | Ukraine |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Democratic Republic of the Congo (RDC), including | | — | Democratic Republic of the Congo (RDC) |
| AFRICA ONE | 409/CAB/MIN/TC/0114/2006 | CFR | Democratic Republic of the Congo (RDC) |
| AFRICAN AIR SERVICES COMMUTER SPRL | 409/CAB/MIN/TC/0005/2007 | Unknown | Democratic Republic of the Congo (RDC) |
| AIGLE AVIATION | 409/CAB/MIN/TC/0042/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| AIR BENI | 409/CAB/MIN/TC/0019/2005 | Unknown | Democratic Republic of the Congo (RDC) |
| AIR BOYOMA | 409/CAB/MIN/TC/0049/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| AIR INFINI | 409/CAB/MIN/TC/006/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| AIR KASAI | 409/CAB/MIN/TC/0118/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| AIR NAVETTE | 409/CAB/MIN/TC/015/2005 | Unknown | Democratic Republic of the Congo (RDC) |
| AIR TROPIQUES S.P.R.L. | 409/CAB/MIN/TC/0107/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| BEL GLOB AIRLINES | 409/CAB/MIN/TC/0073/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| BLUE AIRLINES | 409/CAB/MIN/TC/0109/2006 | BUL | Democratic Republic of the Congo (RDC) |
| BRAVO AIR CONGO | 409/CAB/MIN/TC/0090/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| BUSINESS AVIATION S.P.R.L. | 409/CAB/MIN/TC/0117/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| BUTEMBO AIRLINES | 409/CAB/MIN/TC/0056/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| CARGO BULL AVIATION | 409/CAB/MIN/TC/0106/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| CETRACA AVIATION SERVICE | 409/CAB/MIN/TC/037/2005 | CER | Democratic Republic of the Congo (RDC) |
| CHC STELLAVIA | 409/CAB/MIN/TC/0050/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| COMAIR | 409/CAB/MIN/TC/0057/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| COMPAGNIE AFRICAINE D’AVIATION (CAA) | 409/CAB/MIN/TC/0111/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| DOREN AIR CONGO | 409/CAB/MIN/TC/0054/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| EL SAM AIRLIFT | 409/CAB/MIN/TC/0002/2007 | Unknown | Democratic Republic of the Congo (RDC) |
| ESPACE AVIATION SERVICE | 409/CAB/MIN/TC/0003/2007 | Unknown | Democratic Republic of the Congo (RDC) |
| FILAIR | 409/CAB/MIN/TC/0008/2007 | Unknown | Democratic Republic of the Congo (RDC) |
| FREE AIRLINES | 409/CAB/MIN/TC/0047/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| GALAXY INCORPORATION | 409/CAB/MIN/TC/0078/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| GOMA EXPRESS | 409/CAB/MIN/TC/0051/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| GOMAIR | 409/CAB/MIN/TC/0023/2005 | Unknown | Democratic Republic of the Congo (RDC) |
| GREAT LAKE BUSINESS COMPANY | 409/CAB/MIN/TC/0048/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| HEWA BORA AIRWAYS (HBA) | 409/CAB/MIN/TC/0108/2006 | ALX | Democratic Republic of the Congo (RDC) |
| I.T.A.B. — INTERNATIONAL TRANS AIR BUSINESS | 409/CAB/MIN/TC/0022/2005 | Unknown | Democratic Republic of the Congo (RDC) |
| KATANGA AIRWAYS | 409/CAB/MIN/TC/0088/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| KIVU AIR | 409/CAB/MIN/TC/0044/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| LIGNES AÉRIENNES CONGOLAISES | Ministerial signature (ordonnance 78/205) | LCG | Democratic Republic of the Congo (RDC) |
| MALU AVIATION | 409/CAB/MIN/TC/0113/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| MALILA AIRLIFT | 409/CAB/MIN/TC/0112/2006 | MLC | Democratic Republic of the Congo (RDC) |
| MANGO AIRLINES | 409/CAB/MIN/TC/0007/2007 | Unknown | Democratic Republic of the Congo (RDC) |
| PIVA AIRLINES | 409/CAB/MIN/TC/0001/2007 | Unknown | Democratic Republic of the Congo (RDC) |
| RWAKABIKA BUSHI EXPRESS | 409/CAB/MIN/TC/0052/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| SAFARI LOGISTICS SPRL | 409/CAB/MIN/TC/0076/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| SAFE AIR COMPANY | 409/CAB/MIN/TC/0004/2007 | Unknown | Democratic Republic of the Congo (RDC) |
| SERVICES AIR | 409/CAB/MIN/TC/0115/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| SUN AIR SERVICES | 409/CAB/MIN/TC/0077/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| TEMBO AIR SERVICES | 409/CAB/MIN/TC/0089/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| THOM'S AIRWAYS | 409/CAB/MIN/TC/0009/2007 | Unknown | Democratic Republic of the Congo (RDC) |
| TMK AIR COMMUTER | 409/CAB/MIN/TC/020/2005 | Unknown | Democratic Republic of the Congo (RDC) |
| TRACEP CONGO | 409/CAB/MIN/TC/0055/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| TRANS AIR CARGO SERVICE | 409/CAB/MIN/TC/0110/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| TRANSPORTS AERIENS CONGOLAIS (TRACO) | 409/CAB/MIN/TC/0105/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| VIRUNGA AIR CHARTER | 409/CAB/MIN/TC/018/2005 | Unknown | Democratic Republic of the Congo (RDC) |
| WIMBI DIRA AIRWAYS | 409/CAB/MIN/TC/0116/2006 | WDA | Democratic Republic of the Congo (RDC) |
| ZAABU INTERNATIONAL | 409/CAB/MIN/TC/0046/2006 | Unknown | Democratic Republic of the Congo (RDC) |
| 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 |
| 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 |
| 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, including | | | Indonesia |
| ADAM SKY CONNECTION AIRLINES | 121-036 | DHI | Indonesia |
| AIR PACIFIC UTAMA | 135-020 | Unknown | Indonesia |
| AIRFAST INDONESIA | 135-002 | AFE | Indonesia |
| ASCO NUSA AIR TRANSPORT | 135-022 | Unknown | Indonesia |
| ASI PUDJIASTUTI | 135-028 | Unknown | Indonesia |
| AVIASTAR MANDIRI | 135-029 | Unknown | Indonesia |
| BALAI KALIBRASI FASITAS PENERBANGAN | 135-031 | Unknown | Indonesia |
| CARDIG AIR | 121-013 | Unknown | Indonesia |
| DABI AIR NUSANTARA | 135-030 | Unknown | Indonesia |
| DERAYA AIR TAXI | 135-013 | DRY | Indonesia |
| DERAZONA AIR SERVICE | 135-010 | Unknown | Indonesia |
| DIRGANTARA AIR SERVICE | 135-014 | DIR | Indonesia |
| EASTINDO | 135-038 | Unknown | Indonesia |
| EKSPRES TRANSPORTASI ANTAR BENUA | 121-019 | Unknown | Indonesia |
| EKSPRES TRANSPORTASI ANTAR BENUA | 135-032 | Unknown | Indonesia |
| GARUDA INDONESIA | 121-001 | GIA | Indonesia |
| GATARI AIR SERVICE | 135-018 | GHS | Indonesia |
| INDONESIA AIR ASIA | 121-009 | AWQ | Indonesia |
| INDONESIA AIR TRANSPORT | 135-017 | IDA | Indonesia |
| INTAN ANGKASA AIR SERVICE | 135-019 | Unknown | Indonesia |
| KARTIKA AIRLINES | 121-003 | KAE | Indonesia |
| KURA-KURA AVIATION | 135-016 | Unknown | Indonesia |
| LION MENTARI ARILINES | 121-010 | LNI | Indonesia |
| MANDALA AIRLINES | 121-005 | MDL | Indonesia |
| MANUNGGAL AIR SERVICE | 121-020 | Unknown | Indonesia |
| MEGANTARA AIRLINES | 121-025 | Unknown | Indonesia |
| MERPATI NUSANTARA | 121-002 | MNA | Indonesia |
| METRO BATAVIA | 121-007 | BTV | Indonesia |
| NATIONAL UTILITY HELICOPTER | 135-011 | Unknown | Indonesia |
| PELITA AIR SERVICE | 121-008 | PAS | Indonesia |
| PELITA AIR SERVICE | 135-001 | PAS | Indonesia |
| PENERBANGAN ANGKASA SEMESTA | 135-026 | Unknown | Indonesia |
| PURA WISATA BARUNA | 135-025 | Unknown | Indonesia |
| REPUBLIC EXPRES AIRLINES | 121-040 | RPH | Indonesia |
| RIAU AIRLINES | 121-016 | RIU | Indonesia |
| SAMPURNA AIR NUSANTARA | 135-036 | Unknown | Indonesia |
| SMAC | 135-015 | SMC | Indonesia |
| SRIWIJAYA AIR | 121-035 | SJY | Indonesia |
| TRANS WISATA PRIMA AVIATION | 121-017 | Unknown | Indonesia |
| TRANSWISATA PRIMA AVIATION | 135-021 | Unknown | Indonesia |
| TRAVEL EXPRES AIRLINES | 121-038 | XAR | Indonesia |
| TRAVIRA UTAMA | 135-009 | Unknown | Indonesia |
| TRI MG INTRA AIRLINES | 121-018 | TMG | Indonesia |
| TRI MG INTRA AIRLINES | 135-037 | TMG | Indonesia |
| TRIGANA AIR SERVICE | 121-006 | TGN | Indonesia |
| TRIGANA AIR SERVICE | 135-005 | TGN | Indonesia |
| WING ABADI NUSANTARA | 121-012 | WON | Indonesia |
| All air carriers certified by the authorities with responsibility for regulatory oversight of the Kyrgyz Republic, including | | — | Kyrgyz Republic |
| AIR CENTRAL ASIA | 34 | AAT | Kyrgyz Republic |
| AIR MANAS | 17 | MBB | Kyrgyz Republic |
| ASIA ALPHA AIRWAYS | 32 | SAL | Kyrgyz Republic |
| AVIA TRAFFIC COMPANY | 23 | AVJ | Kyrgyz Republic |
| BISTAIR-FEZ BISHKEK | 08 | BSC | Kyrgyz Republic |
| BOTIR AVIA | 10 | BTR | Kyrgyz Republic |
| CLICK AIRWAYS | 11 | CGK | Kyrgyz Republic |
| DAMES | 20 | DAM | Kyrgyz Republic |
| EASTOK AVIA | 15 | Unknown | Kyrgyz Republic |
| ESEN AIR | 2 | ESD | Kyrgyz Republic |
| GOLDEN RULE AIRLINES | 22 | GRS | Kyrgyz Republic |
| INTAL AVIA | 27 | INL | Kyrgyz Republic |
| ITEK AIR | 04 | IKA | Kyrgyz Republic |
| KYRGYZ TRANS AVIA | 31 | KTC | Kyrgyz Republic |
| KYRGYZSTAN | 03 | LYN | Kyrgyz Republic |
| KYRGYZSTAN AIRLINES | 01 | KGA | Kyrgyz Republic |
| MAX AVIA | 33 | MAI | Kyrgyz Republic |
| OHS AVIA | 09 | OSH | Kyrgyz Republic |
| S GROUP AVIATION | 6 | Unknown | 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 |
| 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 Sierra Leone, including | — | — | Sierra Leone |
| AIR RUM, LTD | Unknown | RUM | Sierra Leone |
| BELLVIEW AIRLINES (S/L) LTD | Unknown | BVU | 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 Swaziland, including | — | — | Swaziland |
| AERO AFRICA (PTY) LTD | Unknown | RFC | Swaziland |
| JET AFRICA SWAZILAND | Unknown | OSW | Swaziland |
| ROYAL SWAZI NATIONAL AIRWAYS CORPORATION | Unknown | RSN | Swaziland |
| SCAN AIR CHARTER, LTD | Unknown | Unknown | Swaziland |
| SWAZI EXPRESS AIRWAYS | Unknown | SWX | Swaziland |
| SWAZILAND AIRLINK | Unknown | SZL | Swaziland |

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

AIR KORYO

Unknown

KOR

Democratic People's Republic of Korea (DPRK)

AIR WEST CO. LTD

004/A

AWZ

Sudan

ARIANA AFGHAN AIRLINES

009

AFG

Afghanistan

MAHAN AIR

FS 105

IRM

Islamic Republic of Iran

SILVERBACK CARGO FREIGHTERS

Unknown

VRB

Rwanda

TAAG ANGOLA AIRLINES

001

DTA

Angola

UKRAINE CARGO AIRWAYS

145

UKS

Ukraine

UKRAINIAN MEDITERRANEAN AIRLINES

164

UKM

Ukraine

VOLARE AVIATION ENTREPRISE

143

VRE

Ukraine

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

—

Democratic Republic of the Congo (RDC)

AFRICA ONE

409/CAB/MIN/TC/0114/2006

CFR

Democratic Republic of the Congo (RDC)

AFRICAN AIR SERVICES COMMUTER SPRL

409/CAB/MIN/TC/0005/2007

Unknown

Democratic Republic of the Congo (RDC)

AIGLE AVIATION

409/CAB/MIN/TC/0042/2006

Unknown

Democratic Republic of the Congo (RDC)

AIR BENI

409/CAB/MIN/TC/0019/2005

Unknown

Democratic Republic of the Congo (RDC)

AIR BOYOMA

409/CAB/MIN/TC/0049/2006

Unknown

Democratic Republic of the Congo (RDC)

AIR INFINI

409/CAB/MIN/TC/006/2006

Unknown

Democratic Republic of the Congo (RDC)

AIR KASAI

409/CAB/MIN/TC/0118/2006

Unknown

Democratic Republic of the Congo (RDC)

AIR NAVETTE

409/CAB/MIN/TC/015/2005

Unknown

Democratic Republic of the Congo (RDC)

AIR TROPIQUES S.P.R.L.

409/CAB/MIN/TC/0107/2006

Unknown

Democratic Republic of the Congo (RDC)

BEL GLOB AIRLINES

409/CAB/MIN/TC/0073/2006

Unknown

Democratic Republic of the Congo (RDC)

BLUE AIRLINES

409/CAB/MIN/TC/0109/2006

BUL

Democratic Republic of the Congo (RDC)

BRAVO AIR CONGO

409/CAB/MIN/TC/0090/2006

Unknown

Democratic Republic of the Congo (RDC)

BUSINESS AVIATION S.P.R.L.

409/CAB/MIN/TC/0117/2006

Unknown

Democratic Republic of the Congo (RDC)

BUTEMBO AIRLINES

409/CAB/MIN/TC/0056/2006

Unknown

Democratic Republic of the Congo (RDC)

CARGO BULL AVIATION

409/CAB/MIN/TC/0106/2006

Unknown

Democratic Republic of the Congo (RDC)

CETRACA AVIATION SERVICE

409/CAB/MIN/TC/037/2005

CER

Democratic Republic of the Congo (RDC)

CHC STELLAVIA

409/CAB/MIN/TC/0050/2006

Unknown

Democratic Republic of the Congo (RDC)

COMAIR

409/CAB/MIN/TC/0057/2006

Unknown

Democratic Republic of the Congo (RDC)

COMPAGNIE AFRICAINE D’AVIATION (CAA)

409/CAB/MIN/TC/0111/2006

Unknown

Democratic Republic of the Congo (RDC)

DOREN AIR CONGO

409/CAB/MIN/TC/0054/2006

Unknown

Democratic Republic of the Congo (RDC)

EL SAM AIRLIFT

409/CAB/MIN/TC/0002/2007

Unknown

Democratic Republic of the Congo (RDC)

ESPACE AVIATION SERVICE

409/CAB/MIN/TC/0003/2007

Unknown

Democratic Republic of the Congo (RDC)

FILAIR

409/CAB/MIN/TC/0008/2007

Unknown

Democratic Republic of the Congo (RDC)

FREE AIRLINES

409/CAB/MIN/TC/0047/2006

Unknown

Democratic Republic of the Congo (RDC)

GALAXY INCORPORATION

409/CAB/MIN/TC/0078/2006

Unknown

Democratic Republic of the Congo (RDC)

GOMA EXPRESS

409/CAB/MIN/TC/0051/2006

Unknown

Democratic Republic of the Congo (RDC)

GOMAIR

409/CAB/MIN/TC/0023/2005

Unknown

Democratic Republic of the Congo (RDC)

GREAT LAKE BUSINESS COMPANY

409/CAB/MIN/TC/0048/2006

Unknown

Democratic Republic of the Congo (RDC)

HEWA BORA AIRWAYS (HBA)

409/CAB/MIN/TC/0108/2006

ALX

Democratic Republic of the Congo (RDC)

I.T.A.B. — INTERNATIONAL TRANS AIR BUSINESS

409/CAB/MIN/TC/0022/2005

Unknown

Democratic Republic of the Congo (RDC)

KATANGA AIRWAYS

409/CAB/MIN/TC/0088/2006

Unknown

Democratic Republic of the Congo (RDC)

KIVU AIR

409/CAB/MIN/TC/0044/2006

Unknown

Democratic Republic of the Congo (RDC)

LIGNES AÉRIENNES CONGOLAISES

Ministerial signature (ordonnance 78/205)

LCG

Democratic Republic of the Congo (RDC)

MALU AVIATION

409/CAB/MIN/TC/0113/2006

Unknown

Democratic Republic of the Congo (RDC)

MALILA AIRLIFT

409/CAB/MIN/TC/0112/2006

MLC

Democratic Republic of the Congo (RDC)

MANGO AIRLINES

409/CAB/MIN/TC/0007/2007

Unknown

Democratic Republic of the Congo (RDC)

PIVA AIRLINES

409/CAB/MIN/TC/0001/2007

Unknown

Democratic Republic of the Congo (RDC)

RWAKABIKA BUSHI EXPRESS

409/CAB/MIN/TC/0052/2006

Unknown

Democratic Republic of the Congo (RDC)

SAFARI LOGISTICS SPRL

409/CAB/MIN/TC/0076/2006

Unknown

Democratic Republic of the Congo (RDC)

SAFE AIR COMPANY

409/CAB/MIN/TC/0004/2007

Unknown

Democratic Republic of the Congo (RDC)

SERVICES AIR

409/CAB/MIN/TC/0115/2006

Unknown

Democratic Republic of the Congo (RDC)

SUN AIR SERVICES

409/CAB/MIN/TC/0077/2006

Unknown

Democratic Republic of the Congo (RDC)

TEMBO AIR SERVICES

409/CAB/MIN/TC/0089/2006

Unknown

Democratic Republic of the Congo (RDC)

THOM'S AIRWAYS

409/CAB/MIN/TC/0009/2007

Unknown

Democratic Republic of the Congo (RDC)

TMK AIR COMMUTER

409/CAB/MIN/TC/020/2005

Unknown

Democratic Republic of the Congo (RDC)

TRACEP CONGO

409/CAB/MIN/TC/0055/2006

Unknown

Democratic Republic of the Congo (RDC)

TRANS AIR CARGO SERVICE

409/CAB/MIN/TC/0110/2006

Unknown

Democratic Republic of the Congo (RDC)

TRANSPORTS AERIENS CONGOLAIS (TRACO)

409/CAB/MIN/TC/0105/2006

Unknown

Democratic Republic of the Congo (RDC)

VIRUNGA AIR CHARTER

409/CAB/MIN/TC/018/2005

Unknown

Democratic Republic of the Congo (RDC)

WIMBI DIRA AIRWAYS

409/CAB/MIN/TC/0116/2006

WDA

Democratic Republic of the Congo (RDC)

ZAABU INTERNATIONAL

409/CAB/MIN/TC/0046/2006

Unknown

Democratic Republic of the Congo (RDC)

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

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

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, including

Indonesia

ADAM SKY CONNECTION AIRLINES

121-036

DHI

Indonesia

AIR PACIFIC UTAMA

135-020

Unknown

Indonesia

AIRFAST INDONESIA

135-002

AFE

Indonesia

ASCO NUSA AIR TRANSPORT

135-022

Unknown

Indonesia

ASI PUDJIASTUTI

135-028

Unknown

Indonesia

AVIASTAR MANDIRI

135-029

Unknown

Indonesia

BALAI KALIBRASI FASITAS PENERBANGAN

135-031

Unknown

Indonesia

CARDIG AIR

121-013

Unknown

Indonesia

DABI AIR NUSANTARA

135-030

Unknown

Indonesia

DERAYA AIR TAXI

135-013

DRY

Indonesia

DERAZONA AIR SERVICE

135-010

Unknown

Indonesia

DIRGANTARA AIR SERVICE

135-014

DIR

Indonesia

EASTINDO

135-038

Unknown

Indonesia

EKSPRES TRANSPORTASI ANTAR BENUA

121-019

Unknown

Indonesia

EKSPRES TRANSPORTASI ANTAR BENUA

135-032

Unknown

Indonesia

GARUDA INDONESIA

121-001

GIA

Indonesia

GATARI AIR SERVICE

135-018

GHS

Indonesia

INDONESIA AIR ASIA

121-009

AWQ

Indonesia

INDONESIA AIR TRANSPORT

135-017

IDA

Indonesia

INTAN ANGKASA AIR SERVICE

135-019

Unknown

Indonesia

KARTIKA AIRLINES

121-003

KAE

Indonesia

KURA-KURA AVIATION

135-016

Unknown

Indonesia

LION MENTARI ARILINES

121-010

LNI

Indonesia

MANDALA AIRLINES

121-005

MDL

Indonesia

MANUNGGAL AIR SERVICE

121-020

Unknown

Indonesia

MEGANTARA AIRLINES

121-025

Unknown

Indonesia

MERPATI NUSANTARA

121-002

MNA

Indonesia

METRO BATAVIA

121-007

BTV

Indonesia

NATIONAL UTILITY HELICOPTER

135-011

Unknown

Indonesia

PELITA AIR SERVICE

121-008

PAS

Indonesia

PELITA AIR SERVICE

135-001

PAS

Indonesia

PENERBANGAN ANGKASA SEMESTA

135-026

Unknown

Indonesia

PURA WISATA BARUNA

135-025

Unknown

Indonesia

REPUBLIC EXPRES AIRLINES

121-040

RPH

Indonesia

RIAU AIRLINES

121-016

RIU

Indonesia

SAMPURNA AIR NUSANTARA

135-036

Unknown

Indonesia

SMAC

135-015

SMC

Indonesia

SRIWIJAYA AIR

121-035

SJY

Indonesia

TRANS WISATA PRIMA AVIATION

121-017

Unknown

Indonesia

TRANSWISATA PRIMA AVIATION

135-021

Unknown

Indonesia

TRAVEL EXPRES AIRLINES

121-038

XAR

Indonesia

TRAVIRA UTAMA

135-009

Unknown

Indonesia

TRI MG INTRA AIRLINES

121-018

TMG

Indonesia

TRI MG INTRA AIRLINES

135-037

TMG

Indonesia

TRIGANA AIR SERVICE

121-006

TGN

Indonesia

TRIGANA AIR SERVICE

135-005

TGN

Indonesia

WING ABADI NUSANTARA

121-012

WON

Indonesia

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

—

Kyrgyz Republic

AIR CENTRAL ASIA

34

AAT

Kyrgyz Republic

AIR MANAS

17

MBB

Kyrgyz Republic

ASIA ALPHA AIRWAYS

32

SAL

Kyrgyz Republic

AVIA TRAFFIC COMPANY

23

AVJ

Kyrgyz Republic

BISTAIR-FEZ BISHKEK

08

BSC

Kyrgyz Republic

BOTIR AVIA

10

BTR

Kyrgyz Republic

CLICK AIRWAYS

11

CGK

Kyrgyz Republic

DAMES

20

DAM

Kyrgyz Republic

EASTOK AVIA

15

Unknown

Kyrgyz Republic

ESEN AIR

2

ESD

Kyrgyz Republic

GOLDEN RULE AIRLINES

22

GRS

Kyrgyz Republic

INTAL AVIA

27

INL

Kyrgyz Republic

ITEK AIR

04

IKA

Kyrgyz Republic

KYRGYZ TRANS AVIA

31

KTC

Kyrgyz Republic

KYRGYZSTAN

03

LYN

Kyrgyz Republic

KYRGYZSTAN AIRLINES

01

KGA

Kyrgyz Republic

MAX AVIA

33

MAI

Kyrgyz Republic

OHS AVIA

09

OSH

Kyrgyz Republic

S GROUP AVIATION

6

Unknown

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

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 Sierra Leone, including

—

—

Sierra Leone

AIR RUM, LTD

Unknown

RUM

Sierra Leone

BELLVIEW AIRLINES (S/L) LTD

Unknown

BVU

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 Swaziland, including

—

—

Swaziland

AERO AFRICA (PTY) LTD

Unknown

RFC

Swaziland

JET AFRICA SWAZILAND

Unknown

OSW

Swaziland

ROYAL SWAZI NATIONAL AIRWAYS CORPORATION

Unknown

RSN

Swaziland

SCAN AIR CHARTER, LTD

Unknown

Unknown

Swaziland

SWAZI EXPRESS AIRWAYS

Unknown

SWX

Swaziland

SWAZILAND AIRLINK

Unknown

SZL

Swaziland

---

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

---

ANNEX B

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

| Name of the legal entity of the air carrier as indicated on its AOC
  (and its trading name, if different) | Air Operator Certificate (AOC) Number | ICAO airline designation number | State of the Operator | Aircraft type | Registration mark(s) and, when available, construction serial number(s) | State of registry |
| --- | --- | --- | --- | --- | --- | --- |
| 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 |

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

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

State of registry

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

---

(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.

---

| 12.4.2008 | EN | Official Journal of the European Union | L 102/17 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

L 102/17

---

COMMISSION REGULATION (EC) No 332/2008

of 11 April 2008

amending Regulation (EC) No 297/2003 laying down detailed rules for the application of the tariff quota for beef and veal originating in Chile

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1), and in particular the first subparagraph of Article 32(1) thereof,

Whereas,

| (1) | Commission Regulation (EC) No 297/2003 (2) provides for the opening and administration, on a multi-annual basis, of an import tariff quota for certain beef and veal products. Certificates of authenticity attesting that the products originate in Chile should be issued before certain products are imported. The name of the issuing authority for these certificates is given in Annex III to that Regulation. Article 8(2) of that Regulation provides that Annex III may be revised if a new issuing authority is appointed. |
| --- | --- |

(1)

Commission Regulation (EC) No 297/2003 (2) provides for the opening and administration, on a multi-annual basis, of an import tariff quota for certain beef and veal products. Certificates of authenticity attesting that the products originate in Chile should be issued before certain products are imported. The name of the issuing authority for these certificates is given in Annex III to that Regulation. Article 8(2) of that Regulation provides that Annex III may be revised if a new issuing authority is appointed.

| (2) | Chile has notified the Commission that it has appointed a new body that will be authorised to issue certificates of authenticity as of 1 July 2008. |
| --- | --- |

(2)

Chile has notified the Commission that it has appointed a new body that will be authorised to issue certificates of authenticity as of 1 July 2008.

| (3) | Regulation (EC) No 297/2003 should therefore be amended accordingly. |
| --- | --- |

(3)

Regulation (EC) No 297/2003 should therefore be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Regulation (EC) No 297/2003 is replaced by the Annex to this Regulation.

Article 2

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

It shall apply from 1 July 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 April 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Commission Regulation (EC) No 98/2008 (OJ L 29, 2.2.2008, p. 5). Regulation (EC) No 1254/1999 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.

1

(2)  
  OJ L 43, 18.2.2003, p. 26. Regulation as last amended by Regulation (EC) No 567/2007 (OJ L 133, 25.5.2007, p. 13).

2

---

ANNEX

‘ANNEX III

Body authorised by Chile to issue certificates of authenticity:

| Asociación Gremial de Plantas Faenadoras Frigoríficas de Carnes de Chile |
| --- |
| Teatinos 20 – Oficina 55 |
| Santiago |
| Chile’ |

Asociación Gremial de Plantas Faenadoras Frigoríficas de Carnes de Chile

Teatinos 20 – Oficina 55

Santiago

Chile’

---

| 12.4.2008 | EN | Official Journal of the European Union | L 102/19 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

L 102/19

---

COMMISSION REGULATION (EC) No 333/2008

of 11 April 2008

laying down the ceilings applicable to the additional amounts of aid to be made to Portugal as part of the voluntary modulation provided for in Council Regulation (EC) No 378/2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 378/2007 of 27 March 2007 laying down rules for voluntary modulation of direct payments provided for in Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulation (EC) No 1290/2005 (1), and specifically the third subparagraph of Article 1(3) thereof,

Whereas:

| (1) | Regulation (EC) No 378/2007 established the conditions under which Member States, during the period 2007 to 2012, could apply a reduction, hereinafter referred to as a ‘voluntary modulation’, to all amounts of direct payments granted on their territory within the meaning of Council Regulation (EC) No 1782/2003 (2). |
| --- | --- |

(1)

Regulation (EC) No 378/2007 established the conditions under which Member States, during the period 2007 to 2012, could apply a reduction, hereinafter referred to as a ‘voluntary modulation’, to all amounts of direct payments granted on their territory within the meaning of Council Regulation (EC) No 1782/2003 (2).

| (2) | Portugal decided to apply the voluntary modulation from 2008, with an annual reduction rate of 10 %. |
| --- | --- |

(2)

Portugal decided to apply the voluntary modulation from 2008, with an annual reduction rate of 10 %.

| (3) | In order to establish the net amounts resulting from the application of the voluntary modulation to be made available to Portugal as Community support for measures under the rural development programming, it is necessary to establish the ceilings applicable in Portugal to the total amount of additional aid referred to in the third subparagraph of Article 1(3) of Regulation (EC) No 378/2007. |
| --- | --- |

(3)

In order to establish the net amounts resulting from the application of the voluntary modulation to be made available to Portugal as Community support for measures under the rural development programming, it is necessary to establish the ceilings applicable in Portugal to the total amount of additional aid referred to in the third subparagraph of Article 1(3) of Regulation (EC) No 378/2007.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,

HAS ADOPTED THIS REGULATION:

Article 1

The ceilings applicable in Portugal to the total amount of additional aid referred to in the third subparagraph of Article 1(3) of Regulation (EC) No 378/2007, are as follows:

| Calendar year | million EUR |
| --- | --- |
| 2008 | 20,4 |
| 2009 | 20,4 |
| 2010 | 20,4 |
| 2011 | 20,4 |
| 2012 | 20,4 |

Calendar year

million EUR

2008

20,4

2009

20,4

2010

20,4

2011

20,4

2012

20,4

Article 2

This Regulation shall enter into force on the third day following 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, 11 April 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 95, 5.4.2007, p. 1.

1

(2)  
  OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Regulation (EC) No 293/2008 (OJ L 90, 2.4.2008, p. 5).

2

---

| 12.4.2008 | EN | Official Journal of the European Union | L 102/20 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

L 102/20

---

COMMISSION REGULATION (EC) No 334/2008

of 11 April 2008

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

| (1) | In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
| --- | --- |

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

| (2) | Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods. |
| --- | --- |

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

| (3) | Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3 of that table. |
| --- | --- |

(3)

Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3 of that table.

| (4) | It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
| --- | --- |

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

| (5) | The Customs Code Committee has not issued an opinion within the time limit set by its Chairman, |
| --- | --- |

(5)

The Customs Code Committee has not issued an opinion within the time limit set by its Chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN codes indicated in column 2 of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

This Regulation shall enter into force on the 20th 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, 11 April 2008.

For the Commission

László KOVÁCS

Member of the Commission

---

(1)  
  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 275/2008 (OJ L 85, 27.3.2008, p. 3).

1

(2)  
  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

2

---

ANNEX

| Description of the goods | Classification
  (CN code) | Reasons |
| --- | --- | --- |
| (1) | (2) | (3) |
| Product having the following composition (% by weight):













  — | ethyl alcohol |

Description of the goods

Classification

(CN code)

Reasons

(1)

(2)

(3)

Product having the following composition (% by weight):

—

ethyl alcohol

over 90,0

| — | water |
| --- | --- |

—

water

less than 7,4

| — | ethylene glycol |
| --- | --- |

—

ethylene glycol

1,3

| — | butanone |
| --- | --- |

—

butanone

1,3

The product is packed in bottles of 1 and 3 litres and in containers of about 100 litres.

According to the packaging the product could be used direct or it can be diluted with water for such uses as an anti-freezing fluid or de-icing fluid.

2207 20 00

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 2207 and 2207 20 00 .

The addition of butanone, and to a lesser extent ethylene glycol, renders the product unfit for human consumption but not for industrial purposes.

The low percentage of ethylene glycol does not give the product the character of an anti-freezing fluid or de-icing fluid of heading 3820 .

Therefore the product is to be classified as a denatured ethyl alcohol of CN code 2207 20 00 .

---

II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

| 12.4.2008 | EN | Official Journal of the European Union | L 102/22 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

L 102/22

---

COMMISSION DECISION

of 27 March 2008

amending Decision 2005/779/EC concerning animal health protection measures against swine vesicular disease in Italy

(notified under document number C(2008) 1092)

(Text with EEA relevance)

(2008/297/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 10(4) thereof,

Whereas:

| (1) | Commission Decision 2005/779/EC of 8 November 2005 concerning animal health protection measures against swine vesicular disease in Italy (2) was adopted in response to the presence of that disease in Italy. That Decision lays down animal health rules as regards swine vesicular disease for regions of that Member State that are recognised as free from swine vesicular disease and those not recognised as free from that disease. |
| --- | --- |

(1)

Commission Decision 2005/779/EC of 8 November 2005 concerning animal health protection measures against swine vesicular disease in Italy (2) was adopted in response to the presence of that disease in Italy. That Decision lays down animal health rules as regards swine vesicular disease for regions of that Member State that are recognised as free from swine vesicular disease and those not recognised as free from that disease.

| (2) | Following outbreaks of swine vesicular disease in Italy during 2007 in certain provinces located in regions recognised as free from that disease, that Member State has taken measures in accordance with Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (3). |
| --- | --- |

(2)

Following outbreaks of swine vesicular disease in Italy during 2007 in certain provinces located in regions recognised as free from that disease, that Member State has taken measures in accordance with Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (3).

| (3) | Additionally, Italy has suspended the disease-free status of such provinces where the risk of the further spread of vesicular swine disease is probable. Italy has also prohibited the movement of pigs from those provinces to other regions of Italy and to other Member States. |
| --- | --- |

(3)

Additionally, Italy has suspended the disease-free status of such provinces where the risk of the further spread of vesicular swine disease is probable. Italy has also prohibited the movement of pigs from those provinces to other regions of Italy and to other Member States.

| (4) | Those measures taken by Italy have proven to be effective. It is therefore appropriate to amend Decision 2005/779/EC in order to provide for the suspension of the disease-free status of a province located in a region recognised as free from swine vesicular disease, in order to enable Italy to respond quickly and transparently in the event of any outbreaks of that disease in regions recognised as free from that disease. The possibility to suspend should therefore be limited in time and, if the risk continues following the expiry of the period set, a Decision should be taken in accordance with Article 10(4) of Directive 90/425/EEC. |
| --- | --- |

(4)

Those measures taken by Italy have proven to be effective. It is therefore appropriate to amend Decision 2005/779/EC in order to provide for the suspension of the disease-free status of a province located in a region recognised as free from swine vesicular disease, in order to enable Italy to respond quickly and transparently in the event of any outbreaks of that disease in regions recognised as free from that disease. The possibility to suspend should therefore be limited in time and, if the risk continues following the expiry of the period set, a Decision should be taken in accordance with Article 10(4) of Directive 90/425/EEC.

| (5) | In addition, assembly centres for pigs are often a primary source for the spread of swine vesicular disease. Accordingly, Italy has taken measures to improve control of the movements of pigs from assembly centres and to prevent any possible spread of that disease. Such measures, as regards surveillance of assembly centres for pigs, and in particular as regards the testing and sampling to be carried out, should therefore also be increased. |
| --- | --- |

(5)

In addition, assembly centres for pigs are often a primary source for the spread of swine vesicular disease. Accordingly, Italy has taken measures to improve control of the movements of pigs from assembly centres and to prevent any possible spread of that disease. Such measures, as regards surveillance of assembly centres for pigs, and in particular as regards the testing and sampling to be carried out, should therefore also be increased.

| (6) | Decision 2005/779/EC should therefore be amended accordingly. |
| --- | --- |

(6)

Decision 2005/779/EC should therefore be amended accordingly.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(7)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2005/779/EC is amended as follows:

| 1. | the heading of Chapter II is replaced by the following:

   



  ‘RECOGNITION OF REGIONS, PROVINCES AND HOLDINGS IN ITALY AS FREE FROM SWINE VESICULAR DISEASE’; |
| --- | --- |

1.

the heading of Chapter II is replaced by the following:

‘RECOGNITION OF REGIONS, PROVINCES AND HOLDINGS IN ITALY AS FREE FROM SWINE VESICULAR DISEASE’;

| 2. | the following Article 3a is inserted:

  ‘Article 3a
  Suspension of the recognition of provinces in a region recognised as free

  1.   Italy shall ensure that where an outbreak of swine vesicular disease occurs in a province in a region recognised as free from swine vesicular disease, the recognition of that province as free from vesicular swine fever is immediately suspended unless the origin of the infection is clearly established as a secondary outbreak and the epidemiological enquiry carried out in accordance with Article 8 of Directive 92/119/EEC as regards the outbreak has demonstrated that there is a negligible risk of further spread of that disease.


  2.   The measures provided for in Articles 7, 8 and 9 shall apply to the province referred to in paragraph 1.


  3.   Italy may once more recognise the province referred to in paragraph 1 as free from swine vesicular disease if the following conditions are fulfilled:






  (a) | all holdings located in the province shall have been submitted on two occasions at an interval of 28 to 40 days, to a sampling for serological testing on a number of pigs sufficient to detect a prevalence of swine vesicular disease of 5 % with a confidence interval of 95 %, and the results have been negative; |
| --- | --- | --- |

2.

the following Article 3a is inserted:

‘Article 3a

Suspension of the recognition of provinces in a region recognised as free

1.   Italy shall ensure that where an outbreak of swine vesicular disease occurs in a province in a region recognised as free from swine vesicular disease, the recognition of that province as free from vesicular swine fever is immediately suspended unless the origin of the infection is clearly established as a secondary outbreak and the epidemiological enquiry carried out in accordance with Article 8 of Directive 92/119/EEC as regards the outbreak has demonstrated that there is a negligible risk of further spread of that disease.

2.   The measures provided for in Articles 7, 8 and 9 shall apply to the province referred to in paragraph 1.

3.   Italy may once more recognise the province referred to in paragraph 1 as free from swine vesicular disease if the following conditions are fulfilled:

(a)

all holdings located in the province shall have been submitted on two occasions at an interval of 28 to 40 days, to a sampling for serological testing on a number of pigs sufficient to detect a prevalence of swine vesicular disease of 5 % with a confidence interval of 95 %, and the results have been negative;

| (b) | the measures in the protection and surveillance zones established around outbreaks of swine vesicular disease in the province are no longer applied in accordance with point 7(3) and (4) and point 8(3)(b) of Annex II to Directive 92/119/EEC; |
| --- | --- |

(b)

the measures in the protection and surveillance zones established around outbreaks of swine vesicular disease in the province are no longer applied in accordance with point 7(3) and (4) and point 8(3)(b) of Annex II to Directive 92/119/EEC;

| (c) | the results of the epidemiological enquiry carried out in accordance with Article 8 of Directive 92/119/EEC as regards outbreaks of swine vesicular disease have not demonstrated any risk for further spread of that disease. |
| --- | --- |

(c)

the results of the epidemiological enquiry carried out in accordance with Article 8 of Directive 92/119/EEC as regards outbreaks of swine vesicular disease have not demonstrated any risk for further spread of that disease.

4.   Italy shall immediately communicate to the Commission and the other Member States any measures taken pursuant to paragraphs 1, 2 and 3 and publish those measures. The suspension referred to in paragraph 1 shall not exceed six months.’;

| 3. | in Article 5, paragraph 3 is replaced by the following:

  ‘3.   At assembly centres for pigs, sampling shall be carried out at monthly intervals:






  (a) | for serological testing on a number of pigs sufficient to detect a prevalence of swine vesicular disease of 5 % with a confidence interval of 95 %; |
| --- | --- | --- |

3.

in Article 5, paragraph 3 is replaced by the following:

‘3.   At assembly centres for pigs, sampling shall be carried out at monthly intervals:

(a)

for serological testing on a number of pigs sufficient to detect a prevalence of swine vesicular disease of 5 % with a confidence interval of 95 %;

| (b) | for virological testing of faeces to be collected in every pen where pigs are or have been kept.’; |
| --- | --- |

(b)

for virological testing of faeces to be collected in every pen where pigs are or have been kept.’;

| 4. | in Article 6, paragraph 4 is replaced by the following:

  ‘4.   At assembly centres for pigs, sampling shall be carried out at monthly intervals:






  (a) | for serological testing on a number of pigs sufficient to detect a prevalence of swine vesicular disease of 5 % with a confidence interval of 95 %; |
| --- | --- | --- |

4.

in Article 6, paragraph 4 is replaced by the following:

‘4.   At assembly centres for pigs, sampling shall be carried out at monthly intervals:

(a)

for serological testing on a number of pigs sufficient to detect a prevalence of swine vesicular disease of 5 % with a confidence interval of 95 %;

| (b) | for virological testing of faeces to be collected in every pen where pigs are or have been kept.’ |
| --- | --- |

(b)

for virological testing of faeces to be collected in every pen where pigs are or have been kept.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 27 March 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

1

(2)  
  OJ L 293, 9.11.2005, p. 28. Decision as amended by Decision 2007/9/EC (OJ L 7, 12.1.2007, p. 15).

2

(3)  
  OJ L 62, 15.3.1993, p. 69. Directive as last amended by Commission Directive 2007/10/EC (OJ L 63, 1.3.2007, p. 24).

3

---

III Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

| 12.4.2008 | EN | Official Journal of the European Union | L 102/25 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

L 102/25

---

COUNCIL DECISION 2008/298/CFSP

of 7 April 2008

amending Decision 2001/80/CFSP on the establishment of the Military Staff of the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, in particular Article 28(1) thereof,

Having regard to the Treaty establishing the European Community, in particular Article 207(2) thereof,

Whereas:

| (1) | On 22 January 2001 the Council adopted Decision 2001/80/CFSP (1) (EUMS), the terms of reference of which were set out in the Annex thereto. |
| --- | --- |

(1)

On 22 January 2001 the Council adopted Decision 2001/80/CFSP (1) (EUMS), the terms of reference of which were set out in the Annex thereto.

| (2) | On 19 November 2007 the Council approved a set of four measures to improve the EUMS's ability to conduct early military planning at the strategic level for EU-led operations. |
| --- | --- |

(2)

On 19 November 2007 the Council approved a set of four measures to improve the EUMS's ability to conduct early military planning at the strategic level for EU-led operations.

| (3) | The terms of reference of the EUMS should be amended to implement these measures, pending a comprehensive review of the terms of reference following an evaluation of the implementation of these measures. |
| --- | --- |

(3)

The terms of reference of the EUMS should be amended to implement these measures, pending a comprehensive review of the terms of reference following an evaluation of the implementation of these measures.

| (4) | In addition, the EUMS terms of reference should reflect the changes that have been introduced within the Council's crisis management structures and procedures since the terms of reference were last amended. |
| --- | --- |

(4)

In addition, the EUMS terms of reference should reflect the changes that have been introduced within the Council's crisis management structures and procedures since the terms of reference were last amended.

| (5) | Decision 2001/80/CFSP should also be amended to take account of the adoption of Council Decision 2007/829/EC of 5 December 2007 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council (2), |
| --- | --- |

(5)

Decision 2001/80/CFSP should also be amended to take account of the adoption of Council Decision 2007/829/EC of 5 December 2007 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council (2),

HAS DECIDED AS FOLLOWS:

Article 1

Decision 2001/80/CFSP is hereby amended as follows:

| 1. | Article 4 shall be replaced by the following:

  ‘Article 4
  Members of the Military Staff of the European Union shall be subject to rules established in Council Decision 2007/829/EC of 5 December 2007 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council (*1).


  (*1)  
  OJ L 327, 13.12.2007, p. 10.’;" |
| --- | --- |

1.

Article 4 shall be replaced by the following:

‘Article 4

Members of the Military Staff of the European Union shall be subject to rules established in Council Decision 2007/829/EC of 5 December 2007 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council (*1).

(*1)  
  OJ L 327, 13.12.2007, p. 10.’;"

*1

| 2. | the Annex shall be replaced by the Annex to this Decision. |
| --- | --- |

2.

the Annex shall be replaced by the Annex to this Decision.

Article 2

This Decision shall take effect from the date of its adoption.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Luxembourg, 7 April 2008.

For the Council

The President

R. ŽERJAV

---

(1)  
  OJ L 27, 30.1.2001, p. 7. Decision as amended by Decision 2005/395/CFSP (OJ L 132, 26.5.2005, p. 17).

1

(2)  
  OJ L 327, 13.12.2007, p. 10.

2

---

ANNEX

EUROPEAN UNION MILITARY STAFF (EUMS) TERMS OF REFERENCE AND ORGANISATION (*1)

1.   Introduction

At Helsinki, the EU Member States decided to establish within the Council new permanent political and military bodies enabling the EU to assume its responsibilities for the full range of conflict prevention and crisis management tasks defined in the TEU. As provided for in the Helsinki report, the EUMS, ‘within the Council structures provides military expertise and support to the CESDP, including the conduct of EU-led military crisis management operations’.

At its meeting on 12 and 13 December 2003, the European Council welcomed the document entitled ‘European Defence, NATO/EU consultation, planning and operations’. On 16 and 17 December 2004 the European Council endorsed the detailed proposals for the implementation of this document.

On 19 November 2007 the Council welcomed the report by the Secretary General/High Representative (SG/HR) on the EU Military Staff's ability to conduct early planning at the strategic level for EU-led operations, as requested by the Council in May 2007, and approved the recommendations to implement, as a package, the four measures, together with the actions identified in the military advice.

The Terms of Reference of the EUMS are defined as follows:

2.   Mission

The Military Staff is to perform early warning, situation assessment and strategic planning for missions and tasks referred to in Article 17(2) of the TEU, including those identified in the European Security Strategy.

This also encompasses the identification of European national and multinational forces and the implementation of policies and decisions as directed by the EUMC.

3.   Role

| — | It is the source of the EU's military expertise. |
| --- | --- |

—

It is the source of the EU's military expertise.

| — | It assures the link between the EUMC on the one hand and the military resources available to the EU on the other, and it provides military expertise to EU bodies as directed by the EUMC. |
| --- | --- |

—

It assures the link between the EUMC on the one hand and the military resources available to the EU on the other, and it provides military expertise to EU bodies as directed by the EUMC.

| — | It performs three main operational functions: early warning, situation assessment and strategic planning. |
| --- | --- |

—

It performs three main operational functions: early warning, situation assessment and strategic planning.

| — | It conducts early planning in sufficient detail, inter alia, to allow Member States to assess their potential force contributions and for the EUMS to provide appropriate expertise along the decision-making process. |
| --- | --- |

—

It conducts early planning in sufficient detail, inter alia, to allow Member States to assess their potential force contributions and for the EUMS to provide appropriate expertise along the decision-making process.

| — | It provides an early warning capability. It plans, assesses and makes recommendations regarding the concept of crisis management and the general military strategy and implements the decisions and guidance of the EUMC. |
| --- | --- |

—

It provides an early warning capability. It plans, assesses and makes recommendations regarding the concept of crisis management and the general military strategy and implements the decisions and guidance of the EUMC.

| — | It supports the EUMC regarding situation assessment and military aspects of strategic planning (1) over the full range of missions and tasks referred to in Article 17(2) of the TEU, including those identified in the European Security Strategy, for all cases of EU-led operations, whether or not the EU draws on NATO assets and capabilities. |
| --- | --- |

—

It supports the EUMC regarding situation assessment and military aspects of strategic planning (1) over the full range of missions and tasks referred to in Article 17(2) of the TEU, including those identified in the European Security Strategy, for all cases of EU-led operations, whether or not the EU draws on NATO assets and capabilities.

| — | It supports (upon request of the SG/HR or the PSC) temporary missions to third countries or international organisations, in order to provide, as required, advice and assistance on military aspects of conflict prevention, crisis management and post-conflict stabilisation. |
| --- | --- |

—

It supports (upon request of the SG/HR or the PSC) temporary missions to third countries or international organisations, in order to provide, as required, advice and assistance on military aspects of conflict prevention, crisis management and post-conflict stabilisation.

| — | It contributes to the process of elaboration, assessment and review of the capability goals, taking into account the need, for those Member States concerned, to ensure consistency with NATO's DPP and the PARP of the PfP in accordance with agreed procedures. |
| --- | --- |

—

It contributes to the process of elaboration, assessment and review of the capability goals, taking into account the need, for those Member States concerned, to ensure consistency with NATO's DPP and the PARP of the PfP in accordance with agreed procedures.

| — | It works in close coordination with the European Defence Agency. |
| --- | --- |

—

It works in close coordination with the European Defence Agency.

| — | It is responsible for monitoring, assessing and making recommendations on training, exercises and interoperability, in connection with the forces and capabilities made available to the EU by the Member States. |
| --- | --- |

—

It is responsible for monitoring, assessing and making recommendations on training, exercises and interoperability, in connection with the forces and capabilities made available to the EU by the Member States.

| — | It maintains the capacity to reinforce the national HQ designated to conduct an EU autonomous operation. |
| --- | --- |

—

It maintains the capacity to reinforce the national HQ designated to conduct an EU autonomous operation.

| — | It is responsible for generating the capacity to plan and run an autonomous EU military operation, and maintains the capacity within EUMS rapidly to set up an operations centre for a specific operation, in particular where a joint civil/military response is required and where no national HQ is identified, once a decision on such an operation has been taken by the Council, upon the advice of the EUMC. |
| --- | --- |

—

It is responsible for generating the capacity to plan and run an autonomous EU military operation, and maintains the capacity within EUMS rapidly to set up an operations centre for a specific operation, in particular where a joint civil/military response is required and where no national HQ is identified, once a decision on such an operation has been taken by the Council, upon the advice of the EUMC.

4.   Tasks

| — | It provides SG/HR and EU bodies with military expertise, under the direction of the EUMC. |
| --- | --- |

—

It provides SG/HR and EU bodies with military expertise, under the direction of the EUMC.

| — | It monitors potential crises by relying on appropriate national and multinational intelligence capabilities. |
| --- | --- |

—

It monitors potential crises by relying on appropriate national and multinational intelligence capabilities.

| — | It collaborates with the Joint Situation Centre in the field of information exchange in accordance with the arrangement on the Single Intelligence Analysis Capacity. |
| --- | --- |

—

It collaborates with the Joint Situation Centre in the field of information exchange in accordance with the arrangement on the Single Intelligence Analysis Capacity.

| — | It carries out military advance planning at the strategic level. |
| --- | --- |

—

It carries out military advance planning at the strategic level.

| — | It conducts early planning in sufficient detail, inter alia, to allow Member States to assess their potential force contributions and for the EUMS to provide appropriate expertise along the decision-making process. |
| --- | --- |

—

It conducts early planning in sufficient detail, inter alia, to allow Member States to assess their potential force contributions and for the EUMS to provide appropriate expertise along the decision-making process.

| — | It identifies and lists European national and multinational forces for EU-led operations coordinating with NATO. |
| --- | --- |

—

It identifies and lists European national and multinational forces for EU-led operations coordinating with NATO.

| — | It contributes to the development and preparation (including training and exercises) of national and multinational forces made available by the Member States to the EU. The modalities of the relationship with NATO are defined in the relevant documents. |
| --- | --- |

—

It contributes to the development and preparation (including training and exercises) of national and multinational forces made available by the Member States to the EU. The modalities of the relationship with NATO are defined in the relevant documents.

| — | It organises and coordinates the procedures with national and multinational HQs including those NATO HQs available to the EU, ensuring, as far as possible, compatibility with NATO procedures. |
| --- | --- |

—

It organises and coordinates the procedures with national and multinational HQs including those NATO HQs available to the EU, ensuring, as far as possible, compatibility with NATO procedures.

| — | It contributes to the military aspects of the ESDP dimension of the fight against terrorism. |
| --- | --- |

—

It contributes to the military aspects of the ESDP dimension of the fight against terrorism.

| — | It contributes to the development of concepts, doctrine, plans and procedures for the use of military assets and capabilities for natural or man-made disaster consequence management operations. |
| --- | --- |

—

It contributes to the development of concepts, doctrine, plans and procedures for the use of military assets and capabilities for natural or man-made disaster consequence management operations.

| — | It programmes, plans, conducts and evaluates the military aspects of the EU's crisis management procedures, including the exercising of EU/NATO procedures. |
| --- | --- |

—

It programmes, plans, conducts and evaluates the military aspects of the EU's crisis management procedures, including the exercising of EU/NATO procedures.

| — | It participates in the financial estimation of operations and exercises. |
| --- | --- |

—

It participates in the financial estimation of operations and exercises.

| — | It liaises with the national HQs and the multinational HQs of the multinational forces. |
| --- | --- |

—

It liaises with the national HQs and the multinational HQs of the multinational forces.

| — | It establishes permanent relations with NATO according to ‘EU/NATO permanent arrangements’. |
| --- | --- |

—

It establishes permanent relations with NATO according to ‘EU/NATO permanent arrangements’.

| — | It hosts a NATO Liaison Team at the EUMS and it maintains an EU Cell at SHAPE in accordance with ESDP Presidency Report adopted by the Council on 13 December 2004. |
| --- | --- |

—

It hosts a NATO Liaison Team at the EUMS and it maintains an EU Cell at SHAPE in accordance with ESDP Presidency Report adopted by the Council on 13 December 2004.

| — | It establishes appropriate relations with identified correspondents within the UN as well as other international organisations, including the OSCE and the AU, subject to an agreement from these organisations. |
| --- | --- |

—

It establishes appropriate relations with identified correspondents within the UN as well as other international organisations, including the OSCE and the AU, subject to an agreement from these organisations.

| — | It contributes to the necessary comprehensive lessons learned process. |
| --- | --- |

—

It contributes to the necessary comprehensive lessons learned process.

| — | It undertakes strategic contingency planning at the initiative of the SG/HR or the PSC. |
| --- | --- |

—

It undertakes strategic contingency planning at the initiative of the SG/HR or the PSC.

| — | It contributes to the development of a body of doctrine/concepts, learning lessons from civilian/military operations and exercises. |
| --- | --- |

—

It contributes to the development of a body of doctrine/concepts, learning lessons from civilian/military operations and exercises.

| — | It prepares concepts and procedures for the EU Ops Centre and ensures the availability and readiness of the manpower, facilities and equipment of the operations centre for operations, exercises and training. |
| --- | --- |

—

It prepares concepts and procedures for the EU Ops Centre and ensures the availability and readiness of the manpower, facilities and equipment of the operations centre for operations, exercises and training.

| — | It maintains, updates and replaces the equipment of the EU Ops Centre and maintains the premises. |
| --- | --- |

—

It maintains, updates and replaces the equipment of the EU Ops Centre and maintains the premises.

(a)   Additional tasks in crisis management situations

| — | It requests and processes specific information from the intelligence organisations and other relevant information from all available sources. |
| --- | --- |

—

It requests and processes specific information from the intelligence organisations and other relevant information from all available sources.

| — | It supports the EUMC in its contributions to Initial Planning Guidance and Planning Directives of the PSC. |
| --- | --- |

—

It supports the EUMC in its contributions to Initial Planning Guidance and Planning Directives of the PSC.

| — | It develops and prioritises military strategic options as a basis for the military advice given by the EUMC to the PSC by:






  — | defining initial broad options, |
| --- | --- | --- |

—

It develops and prioritises military strategic options as a basis for the military advice given by the EUMC to the PSC by:

—

defining initial broad options,

| — | drawing, as appropriate, on planning support from external sources which will analyse and further develop these options in more detail, |
| --- | --- |

—

drawing, as appropriate, on planning support from external sources which will analyse and further develop these options in more detail,

| — | evaluating the results of this more detailed work and commissioning any further work that might be necessary, |
| --- | --- |

—

evaluating the results of this more detailed work and commissioning any further work that might be necessary,

| — | presenting an overall assessment, with an indication of priorities and recommendations as appropriate, to the EUMC. |
| --- | --- |

—

presenting an overall assessment, with an indication of priorities and recommendations as appropriate, to the EUMC.

| — | It identifies in coordination with national planning staffs and, as appropriate, NATO, the forces that might participate in possible EU-led operations.
  It assists the operation commander in technical exchanges with third countries offering military contributions to an EU-led operation, and in the preparation of the force generation conference. |
| --- | --- |

—

It identifies in coordination with national planning staffs and, as appropriate, NATO, the forces that might participate in possible EU-led operations.

It assists the operation commander in technical exchanges with third countries offering military contributions to an EU-led operation, and in the preparation of the force generation conference.

| — | It continues to monitor crisis situations. |
| --- | --- |

—

It continues to monitor crisis situations.

| — | Upon a request from DGE to DGEUMS, it provides assistance to crisis response political-military strategic planning carried out under the responsibility of DGE (preparation of CMC, joint action ...). |
| --- | --- |

—

Upon a request from DGE to DGEUMS, it provides assistance to crisis response political-military strategic planning carried out under the responsibility of DGE (preparation of CMC, joint action ...).

| — | Upon a request of DGE to DGEUMS, it provides assistance to crisis response planning at the strategic level (Fact Finding Missions, CMC) carried out under the responsibility of DGE. |
| --- | --- |

—

Upon a request of DGE to DGEUMS, it provides assistance to crisis response planning at the strategic level (Fact Finding Missions, CMC) carried out under the responsibility of DGE.

| — | It contributes to crisis response strategic planning for joint civil/military operations through the development of strategic options as foreseen in crisis management procedures. This planning falls under the direct responsibility of the DGEUMS and the DCPCC and the overall authority of the SG/HR. |
| --- | --- |

—

It contributes to crisis response strategic planning for joint civil/military operations through the development of strategic options as foreseen in crisis management procedures. This planning falls under the direct responsibility of the DGEUMS and the DCPCC and the overall authority of the SG/HR.

| — | Upon a request of DCPCC to DGEUMS, it provides assistance to crisis-response planning at the strategic and operational level for civilian missions carried out under the responsibility of the DCPCC. |
| --- | --- |

—

Upon a request of DCPCC to DGEUMS, it provides assistance to crisis-response planning at the strategic and operational level for civilian missions carried out under the responsibility of the DCPCC.

(b)   Additional tasks during operations

| — | The EUMS provides, through the ‘Watch Keeping Capability’, a 24h/7 days capability to monitor all ESDP missions and operations to ensure the passage of operation-specific information in a systematic way. |
| --- | --- |

—

The EUMS provides, through the ‘Watch Keeping Capability’, a 24h/7 days capability to monitor all ESDP missions and operations to ensure the passage of operation-specific information in a systematic way.

| — | The EUMS, acting under the direction of the EUMC, continuously monitors all the military aspects of operations. It conducts strategic analysis in liaison with the designated operation commander to support the EUMC in its advisory role to the PSC in charge of the strategic direction. |
| --- | --- |

—

The EUMS, acting under the direction of the EUMC, continuously monitors all the military aspects of operations. It conducts strategic analysis in liaison with the designated operation commander to support the EUMC in its advisory role to the PSC in charge of the strategic direction.

| — | In the light of political and operational developments, it provides the EUMC with new options as a basis for EUMC's military advice to the PSC. |
| --- | --- |

—

In the light of political and operational developments, it provides the EUMC with new options as a basis for EUMC's military advice to the PSC.

| — | It contributes to the key nucleus reinforced, and to further augmentation, as required, of the EU Ops Centre. |
| --- | --- |

—

It contributes to the key nucleus reinforced, and to further augmentation, as required, of the EU Ops Centre.

| — | It provides the permanent key nucleus of the EU Ops Centre. |
| --- | --- |

—

It provides the permanent key nucleus of the EU Ops Centre.

| — | It assists in coordinating civilian operations. Such operations are planned and conducted under the authority of DCPCC. It assists with planning, support (including the possible use of military means) and conduct of civilian operations (strategic level remains with DGE IX). |
| --- | --- |

—

It assists in coordinating civilian operations. Such operations are planned and conducted under the authority of DCPCC. It assists with planning, support (including the possible use of military means) and conduct of civilian operations (strategic level remains with DGE IX).

5.   Organisation

| — | The EUMS works under the military direction of the EUMC, to which it reports. |
| --- | --- |

—

The EUMS works under the military direction of the EUMC, to which it reports.

| — | It is a Council Secretariat department directly attached to the SG/HR and it works in close cooperation with other departments of the General Secretariat of the Council. |
| --- | --- |

—

It is a Council Secretariat department directly attached to the SG/HR and it works in close cooperation with other departments of the General Secretariat of the Council.

| — | It is headed by the DGEUMS, a three-star flag officer. |
| --- | --- |

—

It is headed by the DGEUMS, a three-star flag officer.

| — | It is composed of personnel seconded from the Member States acting in an international capacity, in accordance with the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council, as well as officials from within the General Secretariat of the Council and officials seconded from the Commission. With the aim of improving the EUMS selection process, Member States are encouraged to present more than one candidate for each of the posts applied for. |
| --- | --- |

—

It is composed of personnel seconded from the Member States acting in an international capacity, in accordance with the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council, as well as officials from within the General Secretariat of the Council and officials seconded from the Commission. With the aim of improving the EUMS selection process, Member States are encouraged to present more than one candidate for each of the posts applied for.

| — | In order to cope with the full spectrum of missions and tasks, the EUMS is organised as set out in Appendix ‘A’. |
| --- | --- |

—

In order to cope with the full spectrum of missions and tasks, the EUMS is organised as set out in Appendix ‘A’.

| — | In crisis-management situations or exercises, the EUMS may set up Planning and Management Teams, drawing upon its own expertise, manpower and infrastructure. In addition, it could, if necessary, request through the EUMC, manpower for temporary augmentation from the EU Member States. |
| --- | --- |

—

In crisis-management situations or exercises, the EUMS may set up Planning and Management Teams, drawing upon its own expertise, manpower and infrastructure. In addition, it could, if necessary, request through the EUMC, manpower for temporary augmentation from the EU Member States.

| — | The EUMC will provide guidance, through DGEUMS, on the military activities undertaken by the EUMS within the framework of civilian crisis management. Contributions by the EUMS for civilian aspects of crisis management remain under the functional responsibility of DGE IX for all activities (planning, Fact-Finding Missions, etc.) up to and including the development of the CMC and, where appropriate, CSO/PSOs. Once a decision to launch a mission is taken, these contributions come under the functional responsibility of DCPCC. Reporting on these activities to the CIVCOM will be conducted in accordance with established procedures on civilian aspects of crisis management. |
| --- | --- |

—

The EUMC will provide guidance, through DGEUMS, on the military activities undertaken by the EUMS within the framework of civilian crisis management. Contributions by the EUMS for civilian aspects of crisis management remain under the functional responsibility of DGE IX for all activities (planning, Fact-Finding Missions, etc.) up to and including the development of the CMC and, where appropriate, CSO/PSOs. Once a decision to launch a mission is taken, these contributions come under the functional responsibility of DCPCC. Reporting on these activities to the CIVCOM will be conducted in accordance with established procedures on civilian aspects of crisis management.

6.   Relations with third countries

The relations between the EUMS and the non-EU European NATO members, other third States, and candidates for accession to the EU are defined in the relevant documents on the relations of the EU with third countries.

---

(*1)  For abbreviations throughout, see Appendix B.

(1)  Definitions:

| | Strategic Planning: Planning activities that start as soon as a potential crisis is identified, or a crisis emerges, and end when the EU political authorities approve a military strategic option or a set of military strategic options. The strategic process encompasses military situation assessment, definition of a POL/MIL framework and development of military strategic options. |
| --- | --- |

Strategic Planning: Planning activities that start as soon as a potential crisis is identified, or a crisis emerges, and end when the EU political authorities approve a military strategic option or a set of military strategic options. The strategic process encompasses military situation assessment, definition of a POL/MIL framework and development of military strategic options.

| | Military Strategic Option: a possible military action designed to achieve the POL/MIL objectives outlined in the POL/MIL framework. A military strategic option will describe the outline military solution, the required resource and constraints and recommendations on the choice of the Operations Commander and OHQ. |
| --- | --- |

Military Strategic Option: a possible military action designed to achieve the POL/MIL objectives outlined in the POL/MIL framework. A military strategic option will describe the outline military solution, the required resource and constraints and recommendations on the choice of the Operations Commander and OHQ.

Appendix A

OUTLINE ORGANISATION OF THE EUMS

DGEUMS ***

DGEUMS PERSONAL STAFF

LEGAL ADVISOR (1)

DDG PERSONAL STAFF

DDG **

LIAISON OFFICER TO UN (3)

EU CELL (SHAPE)

EXECUTIVE OFFICE

DIRECTOR CONCEPTS & CAPABILITIES *

DIRECTOR INTELIGENCE *

DIRECTOR OPERATIONS *

DIRECTOR CIV/MIL CELL *

DIRECTOR LOGISTICS *

DIRECTOR COMMS & IS *

CONCEPTS

INT POLICY

CRISIS RESPONSE/CURRENT OPS

CIV/MIL STRAT PLAN

LOG POLICY

CIS POL/REQ

FORCE CAPABILITY

INT REQ

OP CENTRE PERMSTAFF (2)

MIL ASSESSMENT & PLANNING

RESOURCES SUPPORT

IT SUPPORT

EXE / TRAINING ANALYSIS

INT PRODUCTION

WATCHKEEPING CAPABILITY

ADMIN

(1) Member of the Council Legal Service

(2) Independent if activated

(3) EUMS officer working in the liaison office of the General Secretariat of the Council to the UN in New York

Appendix B

ABBREVIATIONS

A

ADMIN Administration Branch

AU African Union

C

CESDP Common European Security and Defence Policy

CEUMC Chairman of the European Union Military Committee

CPCC Civilian Planning and Conduct Capability

CIS Communications and Information Systems Division

CIS POL/REQ Communications and Information Systems Policy and Requirements

CIV/MIL CELL Civilian/Military Cell

CIV/MIL STRAT PLAN Civilian Military Cell Strategic Planning Branch

CIVCOM Committee for Civilian Aspects of Crisis Management

CMC Crisis Management Concept

CMC SPT Support to Chairman of the European Union Military Committee

COMMS & IS Communications and Information Systems Directorate

CONOPS Concept of Operations

CRISIS RESP/CURRENT OPS Crisis Response and Current Operations Branch

CSO Civilian Strategic Option

D

DDG Deputy Director-General

DGEUMS Director-General of the European Union Military Staff

DCPCC Director Civilian Planning and Conduct Capability

DPP Defence Planning Process

E

ESDP European Security and Defence Policy

EUMC European Union Military Committee

EUMS European Union Military Staff

EU CELL (SHAPE) European Union Cell at SHAPE

EX/TRN/ANL Exercises and Training Analysis Branch

I

INT POLICY Intelligence Policy Branch

INT PRODUCTION Intelligence Production Branch

INT REQ Intelligence Requirement

IT SUPPORT Information Technology Support Branch

L

LEGAL Legal Adviser

LOG POLICY Logistics Policy Branch

M

MAP Military Assessment and Planning Branch

O

OCPS Operations Centre Permanent Staff

OHQ Operations Headquarters

OP CENTRE PERM STAFF Operations Centre Permanent Staff

OPLAN Operations Plan

OPSCEN Operations Centre

OSCE Organisation for Security and Cooperation in Europe

P

PARP Planning and Revue Process

PfP Partnership for Peace

POL Policy Branch

PSC Political and Security Committee

PSO Police Strategic Option

T

TEU Treaty of the European Union

---

| 12.4.2008 | EN | Official Journal of the European Union | L 102/34 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

L 102/34

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COUNCIL JOINT ACTION 2008/299/CFSP

of 7 April 2008

amending Joint Action 2004/551/CFSP on the establishment of the European Defence Agency

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in particular Article 14 thereof,

Whereas:

| (1) | On 12 July 2004, the Council adopted Joint Action 2004/551/CFSP on the establishment of the European Defence Agency (1) (hereinafter referred to as the Agency), providing, inter alia, that the Chief Executive of the Agency, and his/her Deputy, are to be appointed by the Steering Board of the Agency on a proposal from the Head of the Agency and that they are to act under the authority of the Head of the Agency and in accordance with the decisions of the Steering Board. |
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(1)

On 12 July 2004, the Council adopted Joint Action 2004/551/CFSP on the establishment of the European Defence Agency (1) (hereinafter referred to as the Agency), providing, inter alia, that the Chief Executive of the Agency, and his/her Deputy, are to be appointed by the Steering Board of the Agency on a proposal from the Head of the Agency and that they are to act under the authority of the Head of the Agency and in accordance with the decisions of the Steering Board.

| (2) | The Steering Board agreed on 25 September 2007 to recommend, in line with the report presented by the Head of the Agency on the implementation of Joint Action 2004/551/CFSP, pursuant to Article 27 thereof, that Council amend the said Joint Action in respect of the creation of a second Deputy Chief Executive post and to mandate a further review in 2010. |
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(2)

The Steering Board agreed on 25 September 2007 to recommend, in line with the report presented by the Head of the Agency on the implementation of Joint Action 2004/551/CFSP, pursuant to Article 27 thereof, that Council amend the said Joint Action in respect of the creation of a second Deputy Chief Executive post and to mandate a further review in 2010.

| (3) | Therefore, Joint Action 2004/551/CFSP should be amended accordingly. |
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(3)

Therefore, Joint Action 2004/551/CFSP should be amended accordingly.

| (4) | In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications. Denmark has therefore not participated in the elaboration and adoption of this Joint Action and shall not be bound by it, |
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(4)

In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications. Denmark has therefore not participated in the elaboration and adoption of this Joint Action and shall not be bound by it,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2004/551/CFSP is hereby amended as follows:

| 1. | in Article 9(1), subparagraph 1.5 shall be replaced by the following:






  ‘1.5. | appoints the Chief Executive and his/her two Deputies;’; |
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1.

in Article 9(1), subparagraph 1.5 shall be replaced by the following:

‘1.5.

appoints the Chief Executive and his/her two Deputies;’;

| 2. | in Article 10, paragraphs 1 and 2 shall be replaced by the following:

  ‘1.   The Chief Executive, and his/her two Deputies, shall be appointed by the Steering Board on a proposal from the Head of the Agency for three years. The Steering Board may grant a two-year extension. The Chief Executive, and his/her two Deputies, shall act under the authority of the Head of the Agency and in accordance with the decisions of the Steering Board.


  2.   The Chief Executive, assisted by his/her two Deputies, shall take all necessary measures to ensure the efficiency and effectiveness of the Agency's work. He/she shall be responsible for the oversight and coordination of the functional units, in order to ensure the overall coherence of their work. He/she shall be the head of the Agency's staff.’; |
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2.

in Article 10, paragraphs 1 and 2 shall be replaced by the following:

‘1.   The Chief Executive, and his/her two Deputies, shall be appointed by the Steering Board on a proposal from the Head of the Agency for three years. The Steering Board may grant a two-year extension. The Chief Executive, and his/her two Deputies, shall act under the authority of the Head of the Agency and in accordance with the decisions of the Steering Board.

2.   The Chief Executive, assisted by his/her two Deputies, shall take all necessary measures to ensure the efficiency and effectiveness of the Agency's work. He/she shall be responsible for the oversight and coordination of the functional units, in order to ensure the overall coherence of their work. He/she shall be the head of the Agency's staff.’;

| 3. | Article 27 shall be replaced by the following:

  ‘Article 27
  Review clause
  The Head of the Agency shall present no later than 30 June 2010 a report to the Steering Board on the implementation of this Joint Action, with a view to its possible review by the Council.’ |
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3.

Article 27 shall be replaced by the following:

‘Article 27

Review clause

The Head of the Agency shall present no later than 30 June 2010 a report to the Steering Board on the implementation of this Joint Action, with a view to its possible review by the Council.’

Article 2

This Joint Action shall enter into force on the date of its adoption.

Article 3

This Joint Action shall be published in the Official Journal of the European Union.

Done at Luxembourg, 7 April 2008.

For the Council

The President

R. ŽERJAV

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(1)  
  OJ L 245, 17.7.2004, p. 17.

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