# Official Journal L 318/2017

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 318 |
| | |
| English edition | Legislation | Volume 602 December 2017 |

ISSN 1977-0677

Official Journal

of the European Union

L 318

English edition

Legislation

Volume 602 December 2017

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2017/2215 of 30 November 2017 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are banned from operating or are subject to operational restrictions within the Union (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) 2017/2216 of 1 December 2017 entering certain names in the register of traditional specialities guaranteed Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek (TSG) and Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek (TSG) | 21 |
| | * | Commission Implementing Regulation (EU) 2017/2217 of 1 December 2017 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq | 23 |
| | | DECISIONS |
| | * | Decision (EU) 2017/2218 of the European Parliament of 25 October 2017 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section II — European Council and Council | 25 |
| | * | Resolution (EU) 2017/2219 of the European Parliament of 25 October 2017 with observations forming an integral part of the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section II — European Council and Council | 26 |
| | * | Commission Implementing Decision (EU, Euratom) 2017/2220 of 30 November 2017 amending Decision 90/181/Euratom, EEC authorising Italy to use certain approximate estimates for the calculation of the VAT own resources base
  (notified under document C(2017) 7854) | 29 |
| | * | Commission Implementing Decision (EU, Euratom) 2017/2221 of 30 November 2017 amending Decision 2005/820/EC, Euratom authorising the Slovak Republic to use statistics for years earlier than the last year but one and to use certain approximate estimates for the calculation of the VAT own resources base
  (notified under document C(2017) 7856) | 31 |
| | * | Commission Implementing Decision (EU, Euratom) 2017/2222 of 30 November 2017 amending Decision 90/178/Euratom, EEC authorising Luxembourg not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base
  (notified under document C(2017) 7857) | 33 |
| | * | Commission Implementing Decision (EU, Euratom) 2017/2223 of 30 November 2017 amending Decision 90/177/Euratom, EEC authorising Belgium not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base
  (notified under document C(2017) 7860) | 35 |
| | * | Commission Implementing Decision (EU, Euratom) 2017/2224 of 30 November 2017 amending Implementing Decision 2014/844/EU, Euratom authorising Malta to use certain approximate estimates for the calculation of the VAT own resources base
  (notified under document C(2017) 7861) | 37 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2017/2215 of 30 November 2017 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are banned from operating or are subject to operational restrictions within the Union (
  1
  )

1

1

*

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

21

*

Commission Implementing Regulation (EU) 2017/2217 of 1 December 2017 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

23

DECISIONS

*

Decision (EU) 2017/2218 of the European Parliament of 25 October 2017 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section II — European Council and Council

25

*

Resolution (EU) 2017/2219 of the European Parliament of 25 October 2017 with observations forming an integral part of the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section II — European Council and Council

26

*

Commission Implementing Decision (EU, Euratom) 2017/2220 of 30 November 2017 amending Decision 90/181/Euratom, EEC authorising Italy to use certain approximate estimates for the calculation of the VAT own resources base
  (notified under document C(2017) 7854)

(notified under document C(2017) 7854)

29

*

Commission Implementing Decision (EU, Euratom) 2017/2221 of 30 November 2017 amending Decision 2005/820/EC, Euratom authorising the Slovak Republic to use statistics for years earlier than the last year but one and to use certain approximate estimates for the calculation of the VAT own resources base
  (notified under document C(2017) 7856)

(notified under document C(2017) 7856)

31

*

Commission Implementing Decision (EU, Euratom) 2017/2222 of 30 November 2017 amending Decision 90/178/Euratom, EEC authorising Luxembourg not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base
  (notified under document C(2017) 7857)

(notified under document C(2017) 7857)

33

*

Commission Implementing Decision (EU, Euratom) 2017/2223 of 30 November 2017 amending Decision 90/177/Euratom, EEC authorising Belgium not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base
  (notified under document C(2017) 7860)

(notified under document C(2017) 7860)

35

*

Commission Implementing Decision (EU, Euratom) 2017/2224 of 30 November 2017 amending Implementing Decision 2014/844/EU, Euratom authorising Malta to use certain approximate estimates for the calculation of the VAT own resources base
  (notified under document C(2017) 7861)

(notified under document C(2017) 7861)

37

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| | (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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II Non-legislative acts

REGULATIONS

| 2.12.2017 | EN | Official Journal of the European Union | L 318/1 |
| --- | --- | --- | --- |

2.12.2017

EN

Official Journal of the European Union

L 318/1

---

COMMISSION IMPLEMENTING REGULATION (EU) 2017/2215

of 30 November 2017

amending Regulation (EC) No 474/2006 as regards the list of air carriers which are banned from operating or are subject to operational restrictions within the Union

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air passengers of the identity of the operating carrier, and repealing Article 9 of Directive 2004/36/EC (1), and in particular Article 4(2) thereof,

Whereas:

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

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

| (2) | In accordance with Article 4(3) of Regulation (EC) No 2111/2005, certain Member States and the European Aviation Safety Agency (‘EASA’) communicated to the Commission information that is relevant in the context of updating that list. Relevant information was also communicated by third countries and international organisations. On the basis of that information, the list should be updated. |
| --- | --- |

(2)

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

| (3) | The Commission informed all air carriers concerned, either directly or through the authorities responsible for their regulatory oversight, about the essential facts and considerations which would form the basis for a decision to impose an operating ban on them within the Union or to modify the conditions of an operating ban imposed on an air carrier which is included in the list. |
| --- | --- |

(3)

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

| (4) | The Commission gave the air carriers concerned the opportunity to consult the documents provided by the Member States, to submit written comments and to make an oral presentation to the Commission and to the Committee established by Council Regulation (EEC) No 3922/91 (3) (the ‘Air Safety Committee’). |
| --- | --- |

(4)

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

| (5) | The Commission has updated the Air Safety Committee on the on-going joint consultations, in the framework of Regulation (EC) No 2111/2005 and Commission Regulation (EC) No 473/2006 (4), with the competent authorities and air carriers of Equatorial Guinea, Nepal, Nigeria, Saint Vincent and the Grenadines, Thailand,Ukraine and Venezuela. The Commission also provided information to the Air Safety Committee on the aviation safety situation in Afghanistan, Bolivia, India, Indonesia, Iraq, Kazakhstan, Libya, Moldova, Mozambique and Zambia, and on technical consultations with Russia. |
| --- | --- |

(5)

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

| (6) | EASA presented to the Commission and the Air Safety Committee the results of the analysis of audit reports carried out by the International Civil Aviation Organisation (‘ICAO’) in the framework of ICAO's Universal Safety Oversight Audit Programme. In this context, Member States were invited to prioritise ramp inspections on air carriers certified by third countries in respect of which Significant Safety Concerns have been identified by ICAO or in respect of which EASA concluded that there are significant deficiencies in the safety oversight system. In addition to the consultations undertaken by the Commission pursuant to Regulation (EC) No 2111/2005, the prioritisation of ramp inspections will allow for the acquisition of further information regarding the safety performance of the air carriers certified in those third countries. |
| --- | --- |

(6)

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

| (7) | EASA also informed the Commission and the Air Safety Committee of the results of the analysis of ramp inspections carried out under the Safety Assessment of Foreign Aircraft programme (‘SAFA’) in accordance with Commission Regulation (EU) No 965/2012 (5). |
| --- | --- |

(7)

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

| (8) | In addition, EASA informed the Commission and the Air Safety Committee about the technical assistance projects carried out in third countries affected by measures or monitoring pursuant to Regulation (EC) No 2111/2005. It provided information on the plans and requests for further technical assistance and cooperation to improve the administrative and technical capability of civil aviation authorities, with a view to helping resolve any non-compliance with applicable international civil aviation standards. Member States were invited to respond to such requests on a bilateral basis, in coordination with the Commission and EASA. In this regard, the Commission reiterated the usefulness of providing information to the international aviation community, particularly through ICAO's Safety Collaborative Assistance Network (‘SCAN’) database, on technical assistance provided by the Union and its Member States to improve aviation safety around the world. |
| --- | --- |

(8)

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

| (9) | Eurocontrol provided the Commission and the Air Safety Committee with an update on the status of the SAFA alarming function and provided current statistics for alert messages for banned air carriers. |
| --- | --- |

(9)

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

Union air carriers

Union air carriers

| (10) | Following the analysis by EASA of information resulting from ramp inspections carried out on the aircraft of Union air carriers and from standardisation inspections carried out by EASA, as well as specific inspections and audits carried out by national aviation authorities, several Member States have taken certain enforcement measures and informed the Commission and the Air Safety Committee about those measures. |
| --- | --- |

(10)

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

| (11) | Member States reiterated their readiness to act as necessary should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance by Union air carriers with the appropriate safety standards. |
| --- | --- |

(11)

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

Air carriers from Equatorial Guinea

Air carriers from Equatorial Guinea

| (12) | On 7 June 2017, representatives of the Commission and EASA met with representatives of the Autoridad Aeronautica de Guinea Ecuatorial (‘AAGE’). The purpose of that meeting was to continue with the consultations since the latest meeting in 2013. The AAGE informed the Commission and EASA about actions taken to improve compliance with the ICAO requirements for a safety oversight system and also highlighted political efforts to implement reforms. |
| --- | --- |

(12)

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

| (13) | During the meeting of 7 June 2017, the AAGE recognised that air carriers from Equatorial Guinea had not been certified in accordance with ICAO requirements in the past. For that reason, the AAGE revoked the certificates of several air carriers certified in the country and proceeded with the new five phase certification process for the remaining air carriers. The AAGE also provided information on its staff planning and recruitment, aircraft registry, re-certification programme of air carriers and safety oversight programme. |
| --- | --- |

(13)

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

| (14) | As observed in the context of the ICAO audit of February 2017, the AAGE achieved a rate of effective implementation of international aviation safety standards of 62,5 %, up from around 10 % in the past. |
| --- | --- |

(14)

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

| (15) | From 16 to 20 October 2017, a Union on-site assessment visit was conducted in Equatorial Guinea. Experts from the Commission, EASA and Member States participated in that visit. During that visit, the work of the AAGE was assessed, which was verified through visits to the two active air carriers certified in Equatorial Guinea. It was found that the organisational structure of AAGE, which is a recently established independent and autonomous civil aviation authority which started its safety oversight activities in 2012, is appropriate for the level of aviation activities in Equatorial Guinea. It was also found that all areas of civil aviation are covered by the AAGE and that it has its own budget and resources. However, it was observed that the AAGE needs appropriately qualified inspectors, especially in the flight operations area and including with regard to commercial air transport, in order to perform proper and effective safety oversight of the air carriers certified in Equatorial Guinea. |
| --- | --- |

(15)

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

| (16) | The visit showed that a comprehensive regulatory system has been established in Equatorial Guinea. The AAGE is working on updates of regulations to remain in accordance with the latest developments in international aviation safety standards. However, the AAGE relies to a large extent on the certificates, licenses and authorisations that other authorities and organisations have issued, without verification by the AAGE itself, whereas such own verification is an essential part of the safety oversight tasks of the AAGE. Accordingly, this verification process should be included in the procedures of the AAGE and should be properly implemented. |
| --- | --- |

(16)

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

| (17) | The AAGE showed during the visit that there are currently only two air carriers certified in Equatorial Guinea, namely CEIBA Intercontinental and Cronos Airlines. The air operator certificates for the air carriers Punto Azul and Tango Airways have been revoked. |
| --- | --- |

(17)

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

CEIBA Intercontinental

Cronos Airlines

Punto Azul

Tango Airways

| (18) | During the visit to CEIBA Intercontinental, as part of the Union on-site assessment visit, it was observed that it is still operating under an old air operator certificate and has only progressed to phase two of the contemporary five phase air operator certification procedure. CEIBA Intercontinental is currently undergoing many changes, leading to a lack of updates and approvals of essential flight operation and maintenance manuals and other documentation. Furthermore, those manuals and documentation are not yet customised to the operations and the aircraft of the air carrier. Its safety management system is under development and the air carrier still has to incorporate a meaningful risk analysis. Its safety policies are drafted and established, but not clearly and widely communicated within its organisation. Its quality system also needs further development. |
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(18)

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

CEIBA Intercontinental

CEIBA Intercontinental

| (19) | The visit to air carrier Cronos Airlines showed that it is aware of the applicable regulations in Equatorial Guinea and it is making efforts to implement those aviation standards. It has successfully passed the contemporary five phase air operator certification procedure. Its air operator certificate was renewed in January 2017. However, it was observed that several manuals had not been customised to its actual operations and that its quality system is not fully developed. Furthermore, it was found that the safety management system of Cronos Airlines is still under development and is currently in phase two of the four phases of the implementation of a safety management system. Safety policies have been drafted and established and are also clearly and widely communicated within the organisation. It has voluntarily entered into a flight data monitoring programme for its aircraft. |
| --- | --- |

(19)

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

Cronos Airlines

Cronos Airlines

| (20) | The AAGE, CEIBA Intercontinental and Cronos Airlines were heard on 14 November 2017 by the Commission and the Air Safety Committee in accordance with Article 7 of Regulation (EC) No 2111/2005. During that hearing, the representative of the government of Equatorial Guinea expressed the strong commitment by the government to further improve the safety of air transport in Equatorial Guinea in order to provide for good domestic and regional connectivity. During the hearing, the AAGE provided information on the corrective actions that are put in place in order to resolve the observations that were raised during the Union on-site assessment visit. The time frame to implement those corrective actions is estimated by the AAGE at one year. |
| --- | --- |

(20)

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

CEIBA Intercontinental

Cronos Airlines

| (21) | The information provided by CEIBA Intercontinental during the hearing on the corrective action plan for the resolution of the observations that were raised during the Union on-site assessment visit did not show that the air carrier had performed a root-cause analysis and indicated that only immediate corrective actions were put in place, without long term preventive measures. |
| --- | --- |

(21)

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

CEIBA Intercontinental

| (22) | As regards Cronos Airlines, during the hearing it provided information on the corrective actions in order to address the observations that were raised during the Union on-site assessment visit, indicating that it had carried out a root cause analysis, immediate corrective actions as well as actions to prevent reoccurrence of the issues identified. |
| --- | --- |

(22)

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

Cronos Airlines

| (23) | On the basis of all available information, including the results of the Union on-site assessment visit and the information provided during the hearing on 14 November 2017, it is considered that, while the AAGE has made considerable improvements to the aviation safety oversight system of Equatorial Guinea, important deficiencies in the safety oversight system in Equatorial Guinea remain. It is assessed that the AAGE does not yet have the ability to fully discharge its responsibilities with respect to the oversight of air carriers certified in Equatorial Guinea. This is demonstrated by the fact that air carriers are certified and safety oversight is performed without the required appropriately qualified inspectors and by the fact that a number of the observations that were raised during the Union on-site assessment visit had not been identified by the AAGE itself during its certification and oversight activities. Therefore, there is at present insufficient evidence to support a decision to annul or amend the operating ban of all the air carriers certified in Equatorial Guinea. However, given that their air operator certificates have been revoked, Punto Azul and Tango Airways should be removed from the list of air carriers which are subject to an operating ban. |
| --- | --- |

(23)

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

Punto Azul

Tango Airways

| (24) | In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the list of air carriers which are subject to an operating ban within the Union should be amended to remove the air carriers Punto Azul and Tango Airways from Annex A to Regulation (EC) No 474/2006. |
| --- | --- |

(24)

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

Punto Azul

Tango Airways

Air carriers from Nepal

Air carriers from Nepal

| (25) | On 5 March 2017, the Civil Aviation Authority of Nepal (‘CAAN’) wrote a letter to the Commission, which included information on the current status of the safety oversight system in Nepal. Following the recertification in 2015 of all air carriers in Nepal, the CAAN repeated this exercise in 2016 with the assistance of ICAO, in order to revalidate the air operator certificates once more. |
| --- | --- |

(25)

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

| (26) | On 13 March 2017, the Ministry of Foreign Affairs of Nepal submitted to the Union Delegation in Kathmandu, Nepal, additional documentation which outlined the progress and included an extract of the report of the ICAO Combined Action Team mission report to Nepal. In the operations and airworthiness domains, the ICAO Combined Action Team made a number of observations. Those observations repeated observations that were made during earlier visits, including the Union on-site assessment visit of February 2014 and a Union technical assistance mission of October 2015. In light of that information, the Commission requested on 4 July 2017 additional information from the CAAN. |
| --- | --- |

(26)

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

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

(27)

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

| (28) | On 3 August 2017, the CAAN provided the information requested by the Commission. It provided, inter alia, information on the holders of air operator certificates, the results of safety oversight activities, the aircraft registered in Nepal, accidents and serious incidents, enforcement actions, the organisation and regulations and technical assistance activities in Nepal. However, the CAAN did not provide any follow-up to the recommendations in the published accident investigation reports. |
| --- | --- |

(28)

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

| (29) | On 7 November 2017, the CAAN provided the final report of the ICAO Coordinated Validation Mission of 4 to 11 July 2017, indicating an increased effective implementation rate of international aviation safety standards to 66 %. However, that report also shows that further improvements are needed with respect to qualified technical personnel and the resolution of safety concerns. The area of personnel licensing of flight crew was not reviewed by ICAO, whereas that area was one of the concerns after the Union on-site assessment visit of February 2014. |
| --- | --- |

(29)

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

| (30) | On the basis of the information available at present, it appears that, although the CAAN has made a certain degree of progress with respect to the implementation of international aviation safety standards, the aviation safety oversight system of Nepal is still insufficient, also demonstrated by the fact that there is a lack of effective action as a follow-up to accidents, including fatal accidents that took place in recent years in order to prevent re-occurrence. |
| --- | --- |

(30)

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

| (31) | In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that at this stage there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Nepal. |
| --- | --- |

(31)

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

Air carriers from Nigeria

Air carriers from Nigeria

| (32) | The Commission, with the support of EASA, continues to closely monitor the safety performance of air carriers certified in Nigeria. In its letters of 15 May and 20 June 2017 the Commission underlined the need for the Civil Aviation Authority of Nigeria (‘NCAA’) to closely follow any applications made by air carriers certified in Nigeria for Third Country Operator (‘TCO’) authorisations by EASA. |
| --- | --- |

(32)

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

| (33) | By letter of 30 May 2017, the NCAA informed the Commission on its intention to conduct an extensive audit of the operations of the air carrier Med-View Airline, registered in Nigeria, as well as the actions the NCAA adopted with regards to other Nigerian air carriers. |
| --- | --- |

(33)

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

Med-View Airline

| (34) | By letter of 10 October 2017, the Commission underlined that these activities are insufficient in view of the applicable requirements and the expected growth of the aviation activities in Nigeria. It informed the NCAA that consultations were opened, pursuant to Article 3(2) of Regulation (EC) No 473/2006. |
| --- | --- |

(34)

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

| (35) | On 30 October 2017, representatives of the Commission and EASA met with senior representatives of the NCAA for a technical consultation meeting. The purpose of that meeting was for the NCAA to explain the corrective and preventive measures taken by the NCAA with respect to Med-View Airline and the other air carriers certified in Nigeria. The NCAA's presentation during that meeting was supported by evidence that showed a certain improvement of the safety oversight of the air carriers for which the Nigerian authorities are responsible under the applicable international regulations. |
| --- | --- |

(35)

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

Med-View Airline

| (36) | During the meeting, the NCAA informed the Commission and EASA about actions taken to improve compliance with the ICAO requirements for a safety oversight system. It also provided information on the audit conducted on Med-View Airline and on other air carriers registered in Nigeria, namely Arik Air, Air Peace and Kabo Air, as well as on the NCAA's staff numbers, the training and qualification of its inspectors and its safety oversight programme. The NCAA has established and is implementing a flight operations and airworthiness surveillance programme to ensure continued compliance with the regulations. Nigeria is in the process of implementing its State Safety Programme and is planning to reach full implementation thereof by the end of 2018. |
| --- | --- |

(36)

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

Med-View Airline

Arik Air

Air Peace

Kabo Air

| (37) | The information currently available, including the information provided by the NCAA at the meeting of 30 October 2017, provides indications that improvements to the safety oversight system in Nigeria are underway. It is indeed clear that such improvements remain of key importance. This is notably the case in relation to the awareness of the NCAA of the planned activities of the air carriers under its supervision, as well as the actual effective implementation of its safety oversight programme, including the management of findings. On 1 November 2017, the Commission requested additional information in this respect. In addition, the Commission invited the NCAA to discourage Nigerian air operators to apply for a TCO authorisation to EASA until they are fully confident that these operators comply with the applicable international aviation safety standards. |
| --- | --- |

(37)

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

| (38) | In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that at this stage there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Nigeria. |
| --- | --- |

(38)

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

| (39) | Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international aviation safety standards, the Commission may be obliged to take further action pursuant to Regulation (EC) No 2111/2005. |
| --- | --- |

(39)

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

Air carriers from Russia

Air carriers from Russia

| (40) | The Commission, EASA and the competent authorities of the Member States continue to closely monitor the safety performance of air carriers certified in Russia and operating within the Union, including through the prioritisation of ramp inspections to be carried out on certain Russian air carriers in accordance with Regulation (EU) No 965/2012. |
| --- | --- |

(40)

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

| (41) | On 20 October 2017, representatives of the Commission and EASA met with representatives of the Russian Federal Air Transport Agency (‘FATA’). The purpose of that meeting was to review the safety performance of air carriers certified in Russia on the basis of ramp inspection reports for the period between 6 October 2016 and 5 October 2017 and to identify cases where oversight activities carried out by the FATA could be strengthened. |
| --- | --- |

(41)

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

| (42) | During that meeting, the Commission reviewed the SAFA ramp inspection results of four air carriers certified in Russia in more detail. While no safety concerns were identified, the FATA informed the Commission of its safety oversight activities on those air carriers. |
| --- | --- |

(42)

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

| (43) | Based on the information currently available, including the information provided by the FATA at the technical consultation meeting of 20 October 2017, it is considered that there is no lack of ability nor a lack of willingness on the part of the FATA to address safety deficiencies of air carriers certified in Russia. On those grounds, the Commission concluded that a hearing before the Commission and the Air Safety Committee of the Russian aviation authorities or of any air carriers certified in Russia was not necessary. |
| --- | --- |

(43)

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

| (44) | In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that at this stage there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union to include air carriers from Russia. |
| --- | --- |

(44)

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

| (45) | Member States are to continue to verify effective compliance with international aviation safety standards by the air carriers from Russia, through the prioritisation of ramp inspections in accordance with Regulation (EU) No 965/2012. |
| --- | --- |

(45)

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

| (46) | Should those inspections point to an imminent safety risk as a consequence of non-compliance with the relevant safety standards, the Commission may be obliged to take action against air carriers from Russia pursuant to Regulation (EC) No 2111/2005. |
| --- | --- |

(46)

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

Air carriers from Saint Vincent and the Grenadines

Air carriers from Saint Vincent and the Grenadines

| (47) | On 2 February 2017, the air carrier Mustique Airways, certified in Saint Vincent and the Grenadines, re-applied to EASA for a TCO authorisation. This re-application followed an earlier application for a TCO authorisation which had been refused by EASA on safety grounds. EASA assessed this new application in accordance with the requirements of Commission Regulation (EU) No 452/2014 (6). |
| --- | --- |

(47)

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

Mustique Airways

6

| (48) | The corrective action plans to address the findings of EASA in relation to the TCO authorisation application of Mustique Airways were found acceptable by EASA and it decided to continue the assessment of the application until all findings were closed. On 11 September 2017, EASA informed the Commission on the closure of the last of the mentioned findings and the fact that, accordingly, EASA would be in a position to issue the authorisation if the air carrier were to be removed from the Air Safety List. |
| --- | --- |

(48)

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

Mustique Airways

| (49) | In light of that information, the Commission invited Mustique Airways for a hearing in order for Mustique Airways to present the corrective actions put in place and provide information on the measures it has taken in order to prevent that the safety deficiencies identified by EASA during its TCO authorisation assessment would reappear. On 14 November 2017, Mustique Airways presented to the Commission and the Air Safety Committee those corrective actions. They consist of significant changes in the organisation and implementation of a safety management system, supported by a new web-based tool and a new safety policy, in order for Mustique Airways to address the root-causes of the deficiencies and prevent their reappearance. |
| --- | --- |

(49)

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

Mustique Airways

Mustique Airways

Mustique Airways

Mustique Airways

| (50) | During the hearing Mustique Airways also provided information on a number of measures it took to implement an aviation safety culture within its organisation. Those measures include regular safety meetings at both management and staff levels in order for Mustique Airways to increase the level of safety awareness of its staff and improve the level of reporting on safety occurrences. |
| --- | --- |

(50)

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

Mustique Airways

Mustique Airways

| (51) | On the basis of all information available at present, including the assessment conducted by EASA and the information provided during the hearing, it should be concluded that Mustique Airways has resolved the identified safety deficiencies and that Mustique Airways is capable of addressing safety deficiencies which could arise. |
| --- | --- |

(51)

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

Mustique Airways

Mustique Airways

| (52) | In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore assessed that the list of air carriers which are subject to an operating ban within the Union should be amended to remove the air carrier Mustique Airways from Annex A to Regulation (EC) No 474/2006. |
| --- | --- |

(52)

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

Mustique Airways

| (53) | Member States are to continue to verify effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on air carriers certified in Saint Vincent and the Grenadines in accordance with Regulation (EU) No 965/2012. |
| --- | --- |

(53)

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

| (54) | Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international aviation safety standards, the Commission may be obliged to take further action pursuant to Regulation (EC) No 2111/2005. |
| --- | --- |

(54)

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

Air carriers from Thailand

Air carriers from Thailand

| (55) | From 20 to 27 September 2017, ICAO performed an ICAO Coordinated Validation Mission in Thailand in order to review the protocol questions that were the basis for the Significant Safety Concern in Thailand. The corrective actions taken by the Civil Aviation Authority of Thailand (‘CAAT’) were found to be sufficient to resolve the Significant Safety Concern and the effective implementation rate of international aviation safety standards increased to approximately 41 %. However, additional work is ongoing to further increase the effective implementation rate and the CAAT expects an ICAO Coordinated Validation Mission in 2018, covering all areas of a civil aviation safety oversight system. |
| --- | --- |

(55)

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

| (56) | The CAAT was invited for a hearing on 13 November 2017 in order to provide an update to the Commission and the Air Safety Committee on the corrective actions taken to improve the aviation safety situation in Thailand. |
| --- | --- |

(56)

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

| (57) | During the hearing the CAAT provided information on the size and the activities of the civil aviation industry in Thailand and the results of the ICAO Coordinated Validation Mission, including the fact that the Significant Safety Concern had been resolved. The CAAT also reported on progress on the implementation of the sustainability plan, which includes the work on a strategic plan for the near future, the update of legislation and regulations, the organisation and staffing of the authority, the financing of the activities of the authority and the IT systems the CAAT will apply to support its activities. It also provided information on its oversight activities in respect of air carriers certified in Thailand. The Commission encouraged the CAAT to continue with the implementation of its work to ensure the sustainability of aviation safety improvements in Thailand. |
| --- | --- |

(57)

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

| (58) | The available information indicated that the safety oversight system in Thailand has improved. In particular, the CAAT has provided evidence that progress has been achieved over the past year. The information available at present with regard to air carriers certified in Thailand does not support a decision to impose a ban or certain operational restrictions on those air carriers. |
| --- | --- |

(58)

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

| (59) | In order to monitor the situation closely, consultations with the authorities from Thailand are to continue, in accordance with Article 3(2) of Regulation (EC) No 473/2006. |
| --- | --- |

(59)

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

| (60) | In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that at this stage there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Thailand. |
| --- | --- |

(60)

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

| (61) | Member States are to continue to verify effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on air carriers certified in Thailand in accordance with Regulation (EU) No 965/2012. |
| --- | --- |

(61)

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

| (62) | Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international aviation safety standards, the Commission may be obliged to take further action pursuant to Regulation (EC) No 2111/2005. |
| --- | --- |

(62)

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

Air carriers from Ukraine

Air carriers from Ukraine

| (63) | On 19 April 2017, the air carrier International Joint-Stock Aviation Company ‘URGA’
  , certified in the Ukraine, re-applied to EASA for a TCO authorisation. Following the rejection on safety grounds by EASA of its first application for a TCO authorisation, EASA assessed this new application in accordance with the requirements of Regulation (EU) No 452/2014. |
| --- | --- |

(63)

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

International Joint-Stock Aviation Company ‘URGA’

| (64) | From 28 to 29 June 2017, in this context, EASA conducted an on-site audit in the headquarter facilities of International Joint-Stock Aviation Company ‘URGA’
  . While that audit enabled to close all the findings identified during the assessment of the first application, five new findings, in particular related to airworthiness, were identified. Subsequently, International Joint-Stock Aviation Company ‘URGA’
  submitted to EASA a corrective action plan in response to those findings. On the basis of this corrective action plan, all findings were closed on 4 October 2017 to the full satisfaction of EASA. EASA informed the Commission of this and of the fact that, accordingly, EASA would be in a position to issue the authorisation if the air carrier were to be removed from the Air Safety List. |
| --- | --- |

(64)

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

International Joint-Stock Aviation Company ‘URGA’

International Joint-Stock Aviation Company ‘URGA’

| (65) | On that basis, International Joint-Stock Aviation Company ‘URGA’
  was invited for a hearing by the Commission and the Air Safety Committee, which took place on 13 November 2017. During the hearing, it provided detailed information on the implementation of the corrective action plan developed in response to the findings raised by EASA during the on-site audit of June 2017. It also explained that major changes in its organisation and its procedures have been introduced in order to strengthen its capacity to comply with the international aviation safety standards. With a view to ensure the sustainability of those measures and to enable an effective control over its activities, International Joint-Stock Aviation Company ‘URGA’
  also restructured its internal quality system. |
| --- | --- |

(65)

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

International Joint-Stock Aviation Company ‘URGA’

International Joint-Stock Aviation Company ‘URGA’

| (66) | On the basis of all information available at present, including the assessment conducted by EASA and the information provided during the hearing, it should be concluded that International Joint-Stock Aviation Company ‘URGA’
  has resolved the identified safety deficiencies and that International Joint-Stock Aviation Company ‘URGA’
  is capable of addressing safety deficiencies which could arise. |
| --- | --- |

(66)

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

International Joint-Stock Aviation Company ‘URGA’

International Joint-Stock Aviation Company ‘URGA’

| (67) | In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the list of air carriers which are subject to an operating ban within the Union should be amended to remove the air carrier International Joint-Stock Aviation Company ‘URGA’
  from Annex A to Regulation (EC) No 474/2006. |
| --- | --- |

(67)

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

International Joint-Stock Aviation Company ‘URGA’

| (68) | Member States are to continue to verify effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on air carriers certified in Ukraine in accordance with Regulation (EU) No 965/2012. |
| --- | --- |

(68)

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

| (69) | Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international aviation safety standards, the Commission may be obliged to take further action pursuant to Regulation (EC) No 2111/2005. |
| --- | --- |

(69)

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

Air carriers from Venezuela

Air carriers from Venezuela

| (70) | On 6 March 2017, the air carrier Avior Airlines, certified in Venezuela, applied to EASA for a TCO authorisation. EASA assessed that application in accordance with the requirements of Regulation (EU) No 452/2014. |
| --- | --- |

(70)

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

Avior Airlines

| (71) | In conducting its TCO safety assessment of Avior Airlines, EASA raised concerns about the failure by Avior Airlines to demonstrate compliance with the applicable requirements. EASA therefore concluded that further assessment would not result in the issuance of a TCO authorisation to Avior Airlines and that the air carrier did not meet the applicable requirements of Regulation (EU) No 452/2014. Consequently, on 4 October 2017, EASA rejected the TCO application of Avior Airlines on safety grounds. |
| --- | --- |

(71)

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

Avior Airlines

Avior Airlines

Avior Airlines

Avior Airlines

| (72) | On 10 October 2017, the Commission requested information from the Civil Aviation Authority of Venezuela (‘INAC’) on the measures it has taken following the rejection of the TCO application of Avior Airlines by EASA. That letter constituted the opening of consultations with the authorities that have regulatory oversight over the air carriers certified in Venezuela in accordance with the criteria laid down in Article 3(2) of Regulation (EC) No 473/2006. Since the safety concerns resulting from the TCO safety assessment by EASA of Avior Airlines were not resolved, both the INAC and Avior Airlines were given the opportunity to be heard by the Commission and the Air Safety Committee pursuant to Regulation (EC) No 2111/2005. |
| --- | --- |

(72)

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

Avior Airlines

Avior Airlines

Avior Airlines

| (73) | On 13 November 2017, the INAC provided to the Commission information on the oversight activities performed in respect of the air carriers certified in Venezuela during the past years as well as a description of the oversight conducted in respect of the air carrier Avior Airlines. |
| --- | --- |

(73)

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

Avior Airlines

| (74) | During the hearing of 14 November 2017, the INAC provided to the Commission and the Air Safety Committee information on its structure, functions, competences and resources, the number of aviation incidents and accidents, the effective implementation of international aviation safety standards, the status under the FAA International Aviation Safety Assessment programme and the number and type of organisations under its supervision. It also explained its oversight process and provided the results of the safety oversight activities performed in respect of Avior Airlines during recent years. The INAC indicated that it had increased the number of inspections of Avior Airlines, as that air carrier expanded its fleet. This resulted in the identification of a considerable number of safety deficiencies at Avior Airlines, in particular in the areas of training of personnel, management of changes and the document control system. |
| --- | --- |

(74)

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

Avior Airlines

Avior Airlines

Avior Airlines

| (75) | The INAC indicated that it was not aware of the findings raised in respect of air carriers certified in Venezuela during ramp inspections by Member States and expressed its intention to engage with EASA in order for the INAC to ensure adequate follow-up of those findings. |
| --- | --- |

(75)

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

| (76) | The information provided indicates that the INAC should further develop its inspection capacity in respect of the air carriers for which it is responsible. |
| --- | --- |

(76)

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

| (77) | During the hearing, Avior Airlines informed the Commission and the Air Safety Committee on the corrective measures taken to address the serious concerns identified by EASA as part of its TCO authorisation assessment, such as airworthiness and maintenance control, the implementation and monitoring of airworthiness directives and the safety and quality management system. However, Avior Airlines showed a clear lack of awareness and comprehension of the seriousness of the safety concerns raised by EASA and identified by the Member States through ramp inspections. Moreover, the measures taken by Avior Airlines show a lack of proper root-cause analysis and suitable corrective action plans to prevent re-occurrence of the same or similar non-compliances which led to those concerns. |
| --- | --- |

(77)

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

Avior Airlines

Avior Airlines

Avior Airlines

| (78) | The information available at present based on EASA's TCO authorisation assessment, the ramp inspections conducted by the Member States and the information provided by the INAC and by Avior Airlines, shows that there is clear evidence of serious safety deficiencies on the part of Avior Airlines. This information also shows that Avior Airlines is not capable of addressing those safety deficiencies, as demonstrated, inter alia, by the inappropriate and insufficient corrective action plan that it presented in response to the findings of EASA and the lack of adequate response to the findings raised during the ramp inspections performed by Member States. |
| --- | --- |

(78)

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

Avior Airlines

Avior Airlines

Avior Airlines

| (79) | In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the list of air carriers which are subject to an operating ban within the Union should be amended to include the air carrier Avior Airlines in Annex A to Regulation (EC) No 474/2006. |
| --- | --- |

(79)

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

Avior Airlines

| (80) | Member States are to continue to verify effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on air carriers certified in Venezuela in accordance with Regulation (EU) No 965/2012. |
| --- | --- |

(80)

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

| (81) | Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international aviation safety standards, the Commission may be obliged to take further action pursuant to Regulation (EC) No 2111/2005. |
| --- | --- |

(81)

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

| (82) | Regulation (EC) No 474/2006 should therefore be amended accordingly. |
| --- | --- |

(82)

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

| (83) | The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee, |
| --- | --- |

(83)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

| (1) | Annex A is replaced by the text set out in Annex I to this Regulation; |
| --- | --- |

(1)

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

| (2) | Annex B is replaced by the text set out in Annex II to this Regulation. |
| --- | --- |

(2)

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

Article 2

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

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

Done at Brussels, 30 November 2017.

For the Commission,

On behalf of the President,

Violeta BULC

Member of the Commission

---

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

1

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

2

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

3

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

4

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

5

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

6

---

ANNEX I

‘ANNEX A

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

| Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different) | Air Operator Certificate (‘AOC’) Number or Operating Licence Number | ICAO three letter designator | State of the Operator |
| --- | --- | --- | --- |
| AVIOR AIRLINES | ROI-RNR-011 | ROI | Venezuela |
| BLUE WING AIRLINES | SRBWA-01/2002 | BWI | Suriname |
| IRAN ASEMAN AIRLINES | FS-102 | IRC | Islamic Republic of Iran |
| IRAQI AIRWAYS | 001 | IAW | Iraq |
| MED-VIEW AIRLINE | MVA/AOC/10-12/05 | MEV | Nigeria |
| AIR ZIMBABWE (PVT) LTD | 177/04 | AZW | Zimbabwe |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Afghanistan, including | | | Islamic Republic of Afghanistan |
| AFGHAN JET INTERNATIONAL AIRLINES | AOC 008 | AJA | Islamic Republic of Afghanistan |
| ARIANA AFGHAN AIRLINES | AOC 009 | AFG | Islamic Republic of Afghanistan |
| EAST HORIZON AIRLINES | AOC 1013 | EHN | Islamic Republic of Afghanistan |
| KAM AIR | AOC 001 | KMF | Islamic Republic of Afghanistan |
| SAFI AIRWAYS | AOC 181 | SFW | Islamic Republic of Afghanistan |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Angola, with the exception of TAAG Angola Airlines put in Annex B, including | | | Republic of Angola |
| AEROJET | AO 008-01/11 | TEJ | Republic of Angola |
| AIR GICANGO | 009 | Unknown | Republic of Angola |
| AIR JET | AO 006-01/11-MBC | MBC | Republic of Angola |
| AIR NAVE | 017 | Unknown | Republic of Angola |
| AIR26 | AO 003-01/11-DCD | DCD | Republic of Angola |
| ANGOLA AIR SERVICES | 006 | Unknown | Republic of Angola |
| DIEXIM | 007 | Unknown | Republic of Angola |
| FLY540 | AO 004-01 FLYA | Unknown | Republic of Angola |
| GIRA GLOBO | 008 | GGL | Republic of Angola |
| HELIANG | 010 | Unknown | Republic of Angola |
| HELIMALONGO | AO 005-01/11 | Unknown | Republic of Angola |
| MAVEWA | 016 | Unknown | Republic of Angola |
| SONAIR | AO 002-01/10-SOR | SOR | Republic of Angola |
| All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Congo, including | | | Republic of Congo |
| AERO SERVICE | RAC06-002 | RSR | Republic of Congo |
| CANADIAN AIRWAYS CONGO | RAC06-012 | Unknown | Republic of Congo |
| EMERAUDE | RAC06-008 | Unknown | Republic of Congo |
| EQUAFLIGHT SERVICES | RAC 06-003 | EKA | Republic of Congo |
| EQUAJET | RAC06-007 | EKJ | Republic of Congo |
| EQUATORIAL CONGO AIRLINES S.A. | RAC 06-014 | Unknown | Republic of Congo |
| MISTRAL AVIATION | RAC06-011 | Unknown | Republic of Congo |
| TRANS AIR CONGO | RAC 06-001 | TSG | Republic of Congo |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Democratic Republic of Congo (DRC), including | | | Democratic Republic of Congo (DRC) |
| AIR FAST CONGO | 409/CAB/MIN/TVC/0112/2011 | Unknown | Democratic Republic of Congo (DRC) |
| AIR KASAI | 409/CAB/MIN/TVC/0053/2012 | Unknown | Democratic Republic of Congo (DRC) |
| AIR KATANGA | 409/CAB/MIN/TVC/0056/2012 | Unknown | Democratic Republic of Congo (DRC) |
| AIR TROPIQUES | 409/CAB/MIN/TVC/00625/2011 | Unknown | Democratic Republic of Congo (DRC) |
| BLUE AIRLINES | 106/CAB/MIN/TVC/2012 | BUL | Democratic Republic of Congo (DRC) |
| BLUE SKY | 409/CAB/MIN/TVC/0028/2012 | Unknown | Democratic Republic of Congo (DRC) |
| BUSY BEE CONGO | 409/CAB/MIN/TVC/0064/2010 | Unknown | Democratic Republic of Congo (DRC) |
| COMPAGNIE AFRICAINE D'AVIATION (CAA) | 409/CAB/MIN/TVC/0050/2012 | Unknown | Democratic Republic of Congo (DRC) |
| CONGO AIRWAYS | 019/CAB/MIN/TVC/2015 | Unknown | Democratic Republic of Congo (DRC) |
| DAKOTA SPRL | 409/CAB/MIN/TVC/071/2011 | Unknown | Democratic Republic of Congo (DRC) |
| DOREN AIR CONGO | 102/CAB/MIN/TVC/2012 | Unknown | Democratic Republic of Congo (DRC) |
| GOMAIR | 409/CAB/MIN/TVC/011/2010 | Unknown | Democratic Republic of Congo (DRC) |
| KIN AVIA | 409/CAB/MIN/TVC/0059/2010 | Unknown | Democratic Republic of Congo (DRC) |
| KORONGO AIRLINES | 409/CAB/MIN/TVC/001/2011 | KGO | Democratic Republic of Congo (DRC) |
| MALU AVIATION | 098/CAB/MIN/TVC/2012 | Unknown | Democratic Republic of Congo (DRC) |
| MANGO AIRLINES | 409/CAB/MIN/TVC/009/2011 | Unknown | Democratic Republic of Congo (DRC) |
| SERVE AIR | 004/CAB/MIN/TVC/2015 | Unknown | Democratic Republic of Congo (DRC) |
| SERVICES AIR | 103/CAB/MIN/TVC/2012 | Unknown | Democratic Republic of Congo (DRC) |
| SWALA AVIATION | 409/CAB/MIN/TVC/0084/2010 | Unknown | Democratic Republic of Congo (DRC) |
| TRANSAIR CARGO SERVICES | 409/CAB/MIN/TVC/073/2011 | Unknown | Democratic Republic of Congo (DRC) |
| WILL AIRLIFT | 409/CAB/MIN/TVC/0247/2011 | Unknown | Democratic Republic of Congo (DRC) |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Djibouti, including | | | Djibouti |
| DAALLO AIRLINES | Unknown | DAO | Djibouti |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Equatorial Guinea, including | | | Equatorial Guinea |
| CEIBA INTERCONTINENTAL | 2011/0001/MTTCT/DGAC/SOPS | CEL | Equatorial Guinea |
| CRONOS AIRLINES | 2011/0004/MTTCT/DGAC/SOPS | Unknown | Equatorial Guinea |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Eritrea, including | | | Eritrea |
| ERITREAN AIRLINES | AOC No 004 | ERT | Eritrea |
| NASAIR ERITREA | AOC No 005 | NAS | Eritrea |
| All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Gabon, with the exception of Afrijet and SN2AG put in Annex B, including | | | Republic of Gabon |
| AFRIC AVIATION | 010/MTAC/ANAC-G/DSA | EKG | Republic of Gabon |
| ALLEGIANCE AIR TOURIST | 007/MTAC/ANAC-G/DSA | LGE | Republic of Gabon |
| NATIONALE REGIONALE TRANSPORT (N.R.T) | 008/MTAC/ANAC-G/DSA | NRG | Republic of Gabon |
| SKY GABON | 009/MTAC/ANAC-G/DSA | SKG | Republic of Gabon |
| SOLENTA AVIATION GABON | 006/MTAC/ANAC-G/DSA | SVG | Republic of Gabon |
| TROPICAL AIR-GABON | 011/MTAC/ANAC-G/DSA | Unknown | Republic of Gabon |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Indonesia, with the exception of Garuda Indonesia, Airfast Indonesia, Ekspres Transportasi Antarbenua, Indonesia Air Asia, Citilink, Lion Air and Batik Air, including | | | Republic of Indonesia |
| AIR BORN INDONESIA | 135-055 | Unknown | Republic of Indonesia |
| AIR PACIFIC UTAMA | 135-020 | Unknown | Republic of Indonesia |
| ALDA TRANS PAPUA | 135-056 | Unknown | Republic of Indonesia |
| ALFA TRANS DIRGANTARA | 135-012 | Unknown | Republic of Indonesia |
| AMA | 135-054 | Unknown | Republic of Indonesia |
| ANGKASA SUPER SERVICE | 135-050 | LBZ | Republic of Indonesia |
| ASI PUDJIASTUTI | 135-028 | SQS | Republic of Indonesia |
| AVIASTAR MANDIRI | 135-029 | VIT | Republic of Indonesia |
| DABI AIR NUSANTARA | 135-030 | Unknown | Republic of Indonesia |
| DERAYA AIR TAXI | 135-013 | DRY | Republic of Indonesia |
| DERAZONA AIR SERVICE | 135-010 | DRZ | Republic of Indonesia |
| EASTINDO | 135-038 | ESD | Republic of Indonesia |
| ELANG LINTAS INDONESIA | 135-052 | Unknown | Republic of Indonesia |
| ELANG NUSANTARA AIR | 135-053 | Unknown | Republic of Indonesia |
| ENGGANG AIR SERVICE | 135-045 | Unknown | Republic of Indonesia |
| ERSA EASTERN AVIATION | 135-047 | Unknown | Republic of Indonesia |
| GATARI AIR SERVICE | 135-018 | GHS | Republic of Indonesia |
| HEVILIFT AVIATION | 135-042 | Unknown | Republic of Indonesia |
| INDONESIA AIR ASIA EXTRA | 121-054 | Unknown | Republic of Indonesia |
| INDONESIA AIR TRANSPORT | 121-034 | IDA | Republic of Indonesia |
| INDO STAR AVIATION | 135-057 | Unknown | Republic of Indonesia |
| INTAN ANGKASA AIR SERVICE | 135-019 | Unknown | Republic of Indonesia |
| JAYAWIJAYA DIRGANTARA | 121-044 | JWD | Republic of Indonesia |
| JOHNLIN AIR TRANSPORT | 135-043 | JLB | Republic of Indonesia |
| KAL STAR AVIATION | 121-037 | KLS | Republic of Indonesia |
| KARTIKA AIRLINES | 121-003 | KAE | Republic of Indonesia |
| KOMALA INDONESIA | 135-051 | Unknown | Republic of Indonesia |
| KURA-KURA AVIATION | 135-016 | KUR | Republic of Indonesia |
| MARTA BUANA ABADI | 135-049 | Unknown | Republic of Indonesia |
| MATTHEW AIR NUSANTARA | 135-048 | Unknown | Republic of Indonesia |
| MIMIKA AIR | 135-007 | Unknown | Republic of Indonesia |
| MY INDO AIRLINES | 121-042 | Unknown | Republic of Indonesia |
| NAM AIR | 121-058 | Unknown | Republic of Indonesia |
| NATIONAL UTILITY HELICOPTER | 135-011 | Unknown | Republic of Indonesia |
| NUSANTARA AIR CHARTER | 121-022 | SJK | Republic of Indonesia |
| PEGASUS AIR SERVICES | 135-036 | Unknown | Republic of Indonesia |
| PELITA AIR SERVICE | 121-008 | PAS | Republic of Indonesia |
| PENERBANGAN ANGKASA SEMESTA | 135-026 | Unknown | Republic of Indonesia |
| PURA WISATA BARUNA | 135-025 | Unknown | Republic of Indonesia |
| RIAU AIRLINES | 121-016 | RIU | Republic of Indonesia |
| SAYAP GARUDA INDAH | 135-004 | Unknown | Republic of Indonesia |
| SMAC | 135-015 | SMC | Republic of Indonesia |
| SPIRIT AVIATION SENTOSA | 135-058 | Unknown | Republic of Indonesia |
| SRIWIJAYA AIR | 121-035 | SJY | Republic of Indonesia |
| SURYA AIR | 135-046 | Unknown | Republic of Indonesia |
| TRANSNUSA AVIATION MANDIRI | 121-048 | TNU | Republic of Indonesia |
| TRANSWISATA PRIMA AVIATION | 135-021 | TWT | Republic of Indonesia |
| TRAVEL EXPRESS AVIATION SERVICE | 121-038 | XAR | Republic of Indonesia |
| TRAVIRA UTAMA | 135-009 | TVV | Republic of Indonesia |
| TRI MG-INTRA ASIA AIRLINES | 121-018 | TMG | Republic of Indonesia |
| TRI MG-INTRA ASIA AIRLINES | 135-037 | Unknown | Republic of Indonesia |
| TRIGANA AIR SERVICE | 121-006 | TGN | Republic of Indonesia |
| UNINDO | 135-040 | Unknown | Republic of Indonesia |
| WESTSTAR AVIATION INDONESIA | 135-059 | Unknown | Republic of Indonesia |
| WING ABADI AIRLINES | 121-012 | WON | Republic of Indonesia |
| All air carriers certified by the authorities with responsibility for regulatory oversight of the Kyrgyz Republic, including | | | Kyrgyz Republic |
| AIR BISHKEK (formerly EASTOK AVIA) | 15 | EAA | Kyrgyz Republic |
| AIR MANAS | 17 | MBB | Kyrgyz Republic |
| AVIA TRAFFIC COMPANY | 23 | AVJ | Kyrgyz Republic |
| CENTRAL ASIAN AVIATION SERVICES (CAAS) | 13 | CBK | Kyrgyz Republic |
| HELI SKY | 47 | HAC | Kyrgyz Republic |
| AIR KYRGYZSTAN | 03 | LYN | Kyrgyz Republic |
| MANAS AIRWAYS | 42 | BAM | Kyrgyz Republic |
| S GROUP INTERNATIONAL (formerly S GROUP AVIATION) | 45 | IND | Kyrgyz Republic |
| SKY BISHKEK | 43 | BIS | Kyrgyz Republic |
| SKY KG AIRLINES | 41 | KGK | Kyrgyz Republic |
| SKY WAY AIR | 39 | SAB | Kyrgyz Republic |
| TEZ JET | 46 | TEZ | Kyrgyz Republic |
| VALOR AIR | 07 | VAC | Kyrgyz Republic |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Liberia. | | | Liberia |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Libya, including | | | Libya |
| AFRIQIYAH AIRWAYS | 007/01 | AAW | Libya |
| AIR LIBYA | 004/01 | TLR | Libya |
| BURAQ AIR | 002/01 | BRQ | Libya |
| GHADAMES AIR TRANSPORT | 012/05 | GHT | Libya |
| GLOBAL AVIATION AND SERVICES | 008/05 | GAK | Libya |
| LIBYAN AIRLINES | 001/01 | LAA | Libya |
| PETRO AIR | 025/08 | PEO | Libya |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Nepal, including | | | Republic of Nepal |
| AIR DYNASTY HELI. S. | 035/2001 | Unknown | Republic of Nepal |
| AIR KASTHAMANDAP | 051/2009 | Unknown | Republic of Nepal |
| BUDDHA AIR | 014/1996 | BHA | Republic of Nepal |
| FISHTAIL AIR | 017/2001 | Unknown | Republic of Nepal |
| GOMA AIR | 064/2010 | Unknown | Republic of Nepal |
| HIMALAYA AIRLINES | 084/2015 | Unknown | Republic of Nepal |
| MAKALU AIR | 057A/2009 | Unknown | Republic of Nepal |
| MANANG AIR PVT LTD | 082/2014 | Unknown | Republic of Nepal |
| MOUNTAIN HELICOPTERS | 055/2009 | Unknown | Republic of Nepal |
| MUKTINATH AIRLINES | 081/2013 | Unknown | Republic of Nepal |
| NEPAL AIRLINES CORPORATION | 003/2000 | RNA | Republic of Nepal |
| SAURYA AIRLINES | 083/2014 | Unknown | Republic of Nepal |
| SHREE AIRLINES | 030/2002 | SHA | Republic of Nepal |
| SIMRIK AIR | 034/2000 | Unknown | Republic of Nepal |
| SIMRIK AIRLINES | 052/2009 | RMK | Republic of Nepal |
| SITA AIR | 033/2000 | Unknown | Republic of Nepal |
| TARA AIR | 053/2009 | Unknown | Republic of Nepal |
| YETI AIRLINES DOMESTIC | 037/2004 | NYT | Republic of Nepal |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Sao Tome and Principe, including | | | Sao Tome and Principe |
| AFRICA'S CONNECTION | 10/AOC/2008 | ACH | Sao Tome and Principe |
| STP AIRWAYS | 03/AOC/2006 | STP | Sao Tome and Principe |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Sierra Leone, including | | | Sierra Leone |
| AIR RUM, LTD | Unknown | RUM | Sierra Leone |
| DESTINY AIR SERVICES, LTD | Unknown | DTY | Sierra Leone |
| HEAVYLIFT CARGO | Unknown | Unknown | Sierra Leone |
| ORANGE AIR SIERRA LEONE LTD | Unknown | ORJ | Sierra Leone |
| PARAMOUNT AIRLINES, LTD | Unknown | PRR | Sierra Leone |
| SEVEN FOUR EIGHT AIR SERVICES LTD | Unknown | SVT | Sierra Leone |
| TEEBAH AIRWAYS | Unknown | Unknown | Sierra Leone |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Sudan, including | | | Republic of Sudan |
| ALFA AIRLINES SD | 54 | AAJ | Republic of the Sudan |
| BADR AIRLINES | 35 | BDR | Republic of the Sudan |
| BLUE BIRD AVIATION | 11 | BLB | Republic of the Sudan |
| ELDINDER AVIATION | 8 | DND | Republic of the Sudan |
| GREEN FLAG AVIATION | 17 | Unknown | Republic of the Sudan |
| HELEJETIC AIR | 57 | HJT | Republic of the Sudan |
| KATA AIR TRANSPORT | 9 | KTV | Republic of the Sudan |
| KUSH AVIATION CO. | 60 | KUH | Republic of the Sudan |
| NOVA AIRWAYS | 46 | NOV | Republic of the Sudan |
| SUDAN AIRWAYS CO. | 1 | SUD | Republic of the Sudan |
| SUN AIR | 51 | SNR | Republic of the Sudan |
| TARCO AIR | 56 | TRQ | Republic of the Sudan |

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

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

ICAO three letter designator

State of the Operator

AVIOR AIRLINES

ROI-RNR-011

ROI

Venezuela

BLUE WING AIRLINES

SRBWA-01/2002

BWI

Suriname

IRAN ASEMAN AIRLINES

FS-102

IRC

Islamic Republic of Iran

IRAQI AIRWAYS

001

IAW

Iraq

MED-VIEW AIRLINE

MVA/AOC/10-12/05

MEV

Nigeria

AIR ZIMBABWE (PVT) LTD

177/04

AZW

Zimbabwe

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

Islamic Republic of Afghanistan

AFGHAN JET INTERNATIONAL AIRLINES

AOC 008

AJA

Islamic Republic of Afghanistan

ARIANA AFGHAN AIRLINES

AOC 009

AFG

Islamic Republic of Afghanistan

EAST HORIZON AIRLINES

AOC 1013

EHN

Islamic Republic of Afghanistan

KAM AIR

AOC 001

KMF

Islamic Republic of Afghanistan

SAFI AIRWAYS

AOC 181

SFW

Islamic Republic of Afghanistan

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

Republic of Angola

AEROJET

AO 008-01/11

TEJ

Republic of Angola

AIR GICANGO

009

Unknown

Republic of Angola

AIR JET

AO 006-01/11-MBC

MBC

Republic of Angola

AIR NAVE

017

Unknown

Republic of Angola

AIR26

AO 003-01/11-DCD

DCD

Republic of Angola

ANGOLA AIR SERVICES

006

Unknown

Republic of Angola

DIEXIM

007

Unknown

Republic of Angola

FLY540

AO 004-01 FLYA

Unknown

Republic of Angola

GIRA GLOBO

008

GGL

Republic of Angola

HELIANG

010

Unknown

Republic of Angola

HELIMALONGO

AO 005-01/11

Unknown

Republic of Angola

MAVEWA

016

Unknown

Republic of Angola

SONAIR

AO 002-01/10-SOR

SOR

Republic of Angola

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

Republic of Congo

AERO SERVICE

RAC06-002

RSR

Republic of Congo

CANADIAN AIRWAYS CONGO

RAC06-012

Unknown

Republic of Congo

EMERAUDE

RAC06-008

Unknown

Republic of Congo

EQUAFLIGHT SERVICES

RAC 06-003

EKA

Republic of Congo

EQUAJET

RAC06-007

EKJ

Republic of Congo

EQUATORIAL CONGO AIRLINES S.A.

RAC 06-014

Unknown

Republic of Congo

MISTRAL AVIATION

RAC06-011

Unknown

Republic of Congo

TRANS AIR CONGO

RAC 06-001

TSG

Republic of Congo

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

Democratic Republic of Congo (DRC)

AIR FAST CONGO

409/CAB/MIN/TVC/0112/2011

Unknown

Democratic Republic of Congo (DRC)

AIR KASAI

409/CAB/MIN/TVC/0053/2012

Unknown

Democratic Republic of Congo (DRC)

AIR KATANGA

409/CAB/MIN/TVC/0056/2012

Unknown

Democratic Republic of Congo (DRC)

AIR TROPIQUES

409/CAB/MIN/TVC/00625/2011

Unknown

Democratic Republic of Congo (DRC)

BLUE AIRLINES

106/CAB/MIN/TVC/2012

BUL

Democratic Republic of Congo (DRC)

BLUE SKY

409/CAB/MIN/TVC/0028/2012

Unknown

Democratic Republic of Congo (DRC)

BUSY BEE CONGO

409/CAB/MIN/TVC/0064/2010

Unknown

Democratic Republic of Congo (DRC)

COMPAGNIE AFRICAINE D'AVIATION (CAA)

409/CAB/MIN/TVC/0050/2012

Unknown

Democratic Republic of Congo (DRC)

CONGO AIRWAYS

019/CAB/MIN/TVC/2015

Unknown

Democratic Republic of Congo (DRC)

DAKOTA SPRL

409/CAB/MIN/TVC/071/2011

Unknown

Democratic Republic of Congo (DRC)

DOREN AIR CONGO

102/CAB/MIN/TVC/2012

Unknown

Democratic Republic of Congo (DRC)

GOMAIR

409/CAB/MIN/TVC/011/2010

Unknown

Democratic Republic of Congo (DRC)

KIN AVIA

409/CAB/MIN/TVC/0059/2010

Unknown

Democratic Republic of Congo (DRC)

KORONGO AIRLINES

409/CAB/MIN/TVC/001/2011

KGO

Democratic Republic of Congo (DRC)

MALU AVIATION

098/CAB/MIN/TVC/2012

Unknown

Democratic Republic of Congo (DRC)

MANGO AIRLINES

409/CAB/MIN/TVC/009/2011

Unknown

Democratic Republic of Congo (DRC)

SERVE AIR

004/CAB/MIN/TVC/2015

Unknown

Democratic Republic of Congo (DRC)

SERVICES AIR

103/CAB/MIN/TVC/2012

Unknown

Democratic Republic of Congo (DRC)

SWALA AVIATION

409/CAB/MIN/TVC/0084/2010

Unknown

Democratic Republic of Congo (DRC)

TRANSAIR CARGO SERVICES

409/CAB/MIN/TVC/073/2011

Unknown

Democratic Republic of Congo (DRC)

WILL AIRLIFT

409/CAB/MIN/TVC/0247/2011

Unknown

Democratic Republic of Congo (DRC)

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

Djibouti

DAALLO AIRLINES

Unknown

DAO

Djibouti

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

Equatorial Guinea

CEIBA INTERCONTINENTAL

2011/0001/MTTCT/DGAC/SOPS

CEL

Equatorial Guinea

CRONOS AIRLINES

2011/0004/MTTCT/DGAC/SOPS

Unknown

Equatorial Guinea

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

Eritrea

ERITREAN AIRLINES

AOC No 004

ERT

Eritrea

NASAIR ERITREA

AOC No 005

NAS

Eritrea

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

Republic of Gabon

AFRIC AVIATION

010/MTAC/ANAC-G/DSA

EKG

Republic of Gabon

ALLEGIANCE AIR TOURIST

007/MTAC/ANAC-G/DSA

LGE

Republic of Gabon

NATIONALE REGIONALE TRANSPORT (N.R.T)

008/MTAC/ANAC-G/DSA

NRG

Republic of Gabon

SKY GABON

009/MTAC/ANAC-G/DSA

SKG

Republic of Gabon

SOLENTA AVIATION GABON

006/MTAC/ANAC-G/DSA

SVG

Republic of Gabon

TROPICAL AIR-GABON

011/MTAC/ANAC-G/DSA

Unknown

Republic of Gabon

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

Republic of Indonesia

AIR BORN INDONESIA

135-055

Unknown

Republic of Indonesia

AIR PACIFIC UTAMA

135-020

Unknown

Republic of Indonesia

ALDA TRANS PAPUA

135-056

Unknown

Republic of Indonesia

ALFA TRANS DIRGANTARA

135-012

Unknown

Republic of Indonesia

AMA

135-054

Unknown

Republic of Indonesia

ANGKASA SUPER SERVICE

135-050

LBZ

Republic of Indonesia

ASI PUDJIASTUTI

135-028

SQS

Republic of Indonesia

AVIASTAR MANDIRI

135-029

VIT

Republic of Indonesia

DABI AIR NUSANTARA

135-030

Unknown

Republic of Indonesia

DERAYA AIR TAXI

135-013

DRY

Republic of Indonesia

DERAZONA AIR SERVICE

135-010

DRZ

Republic of Indonesia

EASTINDO

135-038

ESD

Republic of Indonesia

ELANG LINTAS INDONESIA

135-052

Unknown

Republic of Indonesia

ELANG NUSANTARA AIR

135-053

Unknown

Republic of Indonesia

ENGGANG AIR SERVICE

135-045

Unknown

Republic of Indonesia

ERSA EASTERN AVIATION

135-047

Unknown

Republic of Indonesia

GATARI AIR SERVICE

135-018

GHS

Republic of Indonesia

HEVILIFT AVIATION

135-042

Unknown

Republic of Indonesia

INDONESIA AIR ASIA EXTRA

121-054

Unknown

Republic of Indonesia

INDONESIA AIR TRANSPORT

121-034

IDA

Republic of Indonesia

INDO STAR AVIATION

135-057

Unknown

Republic of Indonesia

INTAN ANGKASA AIR SERVICE

135-019

Unknown

Republic of Indonesia

JAYAWIJAYA DIRGANTARA

121-044

JWD

Republic of Indonesia

JOHNLIN AIR TRANSPORT

135-043

JLB

Republic of Indonesia

KAL STAR AVIATION

121-037

KLS

Republic of Indonesia

KARTIKA AIRLINES

121-003

KAE

Republic of Indonesia

KOMALA INDONESIA

135-051

Unknown

Republic of Indonesia

KURA-KURA AVIATION

135-016

KUR

Republic of Indonesia

MARTA BUANA ABADI

135-049

Unknown

Republic of Indonesia

MATTHEW AIR NUSANTARA

135-048

Unknown

Republic of Indonesia

MIMIKA AIR

135-007

Unknown

Republic of Indonesia

MY INDO AIRLINES

121-042

Unknown

Republic of Indonesia

NAM AIR

121-058

Unknown

Republic of Indonesia

NATIONAL UTILITY HELICOPTER

135-011

Unknown

Republic of Indonesia

NUSANTARA AIR CHARTER

121-022

SJK

Republic of Indonesia

PEGASUS AIR SERVICES

135-036

Unknown

Republic of Indonesia

PELITA AIR SERVICE

121-008

PAS

Republic of Indonesia

PENERBANGAN ANGKASA SEMESTA

135-026

Unknown

Republic of Indonesia

PURA WISATA BARUNA

135-025

Unknown

Republic of Indonesia

RIAU AIRLINES

121-016

RIU

Republic of Indonesia

SAYAP GARUDA INDAH

135-004

Unknown

Republic of Indonesia

SMAC

135-015

SMC

Republic of Indonesia

SPIRIT AVIATION SENTOSA

135-058

Unknown

Republic of Indonesia

SRIWIJAYA AIR

121-035

SJY

Republic of Indonesia

SURYA AIR

135-046

Unknown

Republic of Indonesia

TRANSNUSA AVIATION MANDIRI

121-048

TNU

Republic of Indonesia

TRANSWISATA PRIMA AVIATION

135-021

TWT

Republic of Indonesia

TRAVEL EXPRESS AVIATION SERVICE

121-038

XAR

Republic of Indonesia

TRAVIRA UTAMA

135-009

TVV

Republic of Indonesia

TRI MG-INTRA ASIA AIRLINES

121-018

TMG

Republic of Indonesia

TRI MG-INTRA ASIA AIRLINES

135-037

Unknown

Republic of Indonesia

TRIGANA AIR SERVICE

121-006

TGN

Republic of Indonesia

UNINDO

135-040

Unknown

Republic of Indonesia

WESTSTAR AVIATION INDONESIA

135-059

Unknown

Republic of Indonesia

WING ABADI AIRLINES

121-012

WON

Republic of Indonesia

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

Kyrgyz Republic

AIR BISHKEK (formerly EASTOK AVIA)

15

EAA

Kyrgyz Republic

AIR MANAS

17

MBB

Kyrgyz Republic

AVIA TRAFFIC COMPANY

23

AVJ

Kyrgyz Republic

CENTRAL ASIAN AVIATION SERVICES (CAAS)

13

CBK

Kyrgyz Republic

HELI SKY

47

HAC

Kyrgyz Republic

AIR KYRGYZSTAN

03

LYN

Kyrgyz Republic

MANAS AIRWAYS

42

BAM

Kyrgyz Republic

S GROUP INTERNATIONAL (formerly S GROUP AVIATION)

45

IND

Kyrgyz Republic

SKY BISHKEK

43

BIS

Kyrgyz Republic

SKY KG AIRLINES

41

KGK

Kyrgyz Republic

SKY WAY AIR

39

SAB

Kyrgyz Republic

TEZ JET

46

TEZ

Kyrgyz Republic

VALOR AIR

07

VAC

Kyrgyz Republic

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

Liberia

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

Libya

AFRIQIYAH AIRWAYS

007/01

AAW

Libya

AIR LIBYA

004/01

TLR

Libya

BURAQ AIR

002/01

BRQ

Libya

GHADAMES AIR TRANSPORT

012/05

GHT

Libya

GLOBAL AVIATION AND SERVICES

008/05

GAK

Libya

LIBYAN AIRLINES

001/01

LAA

Libya

PETRO AIR

025/08

PEO

Libya

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

Republic of Nepal

AIR DYNASTY HELI. S.

035/2001

Unknown

Republic of Nepal

AIR KASTHAMANDAP

051/2009

Unknown

Republic of Nepal

BUDDHA AIR

014/1996

BHA

Republic of Nepal

FISHTAIL AIR

017/2001

Unknown

Republic of Nepal

GOMA AIR

064/2010

Unknown

Republic of Nepal

HIMALAYA AIRLINES

084/2015

Unknown

Republic of Nepal

MAKALU AIR

057A/2009

Unknown

Republic of Nepal

MANANG AIR PVT LTD

082/2014

Unknown

Republic of Nepal

MOUNTAIN HELICOPTERS

055/2009

Unknown

Republic of Nepal

MUKTINATH AIRLINES

081/2013

Unknown

Republic of Nepal

NEPAL AIRLINES CORPORATION

003/2000

RNA

Republic of Nepal

SAURYA AIRLINES

083/2014

Unknown

Republic of Nepal

SHREE AIRLINES

030/2002

SHA

Republic of Nepal

SIMRIK AIR

034/2000

Unknown

Republic of Nepal

SIMRIK AIRLINES

052/2009

RMK

Republic of Nepal

SITA AIR

033/2000

Unknown

Republic of Nepal

TARA AIR

053/2009

Unknown

Republic of Nepal

YETI AIRLINES DOMESTIC

037/2004

NYT

Republic of Nepal

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

Sao Tome and Principe

AFRICA'S CONNECTION

10/AOC/2008

ACH

Sao Tome and Principe

STP AIRWAYS

03/AOC/2006

STP

Sao Tome and Principe

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

Sierra Leone

AIR RUM, LTD

Unknown

RUM

Sierra Leone

DESTINY AIR SERVICES, LTD

Unknown

DTY

Sierra Leone

HEAVYLIFT CARGO

Unknown

Unknown

Sierra Leone

ORANGE AIR SIERRA LEONE LTD

Unknown

ORJ

Sierra Leone

PARAMOUNT AIRLINES, LTD

Unknown

PRR

Sierra Leone

SEVEN FOUR EIGHT AIR SERVICES LTD

Unknown

SVT

Sierra Leone

TEEBAH AIRWAYS

Unknown

Unknown

Sierra Leone

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

Republic of Sudan

ALFA AIRLINES SD

54

AAJ

Republic of the Sudan

BADR AIRLINES

35

BDR

Republic of the Sudan

BLUE BIRD AVIATION

11

BLB

Republic of the Sudan

ELDINDER AVIATION

8

DND

Republic of the Sudan

GREEN FLAG AVIATION

17

Unknown

Republic of the Sudan

HELEJETIC AIR

57

HJT

Republic of the Sudan

KATA AIR TRANSPORT

9

KTV

Republic of the Sudan

KUSH AVIATION CO.

60

KUH

Republic of the Sudan

NOVA AIRWAYS

46

NOV

Republic of the Sudan

SUDAN AIRWAYS CO.

1

SUD

Republic of the Sudan

SUN AIR

51

SNR

Republic of the Sudan

TARCO AIR

56

TRQ

Republic of the Sudan

---

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

1

---

ANNEX II

‘ANNEX B

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

| Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different) | Air Operator Certificate (‘AOC’) Number | ICAO three letter designator | State of the Operator | Aircraft type restricted | Registration mark(s) and, when available, construction serial number(s) of restricted aircraft | State of registry |
| --- | --- | --- | --- | --- | --- | --- |
| TAAG ANGOLA AIRLINES | 001 | DTA | Republic of Angola | All fleet with the exception of: aircraft of type Boeing B737-700, aircraft of type Boeing B777-200, aircraft of type Boeing B777-300 and aircraft of type Boeing B777-300ER. | All fleet with the exception of: aircraft within the Boeing B737-700 fleet, as mentioned on the AOC; aircraft within the Boeing B777-200 fleet, as mentioned on the AOC; aircraft within the Boeing B777-300 fleet, as mentioned on the AOC and aircraft within the Boeing B777-300ER fleet, as mentioned on the AOC. | Republic of Angola |
| AIR SERVICE COMORES | 06-819/TA-15/DGACM | KMD | Comoros | All fleet with the exception of: LET 410 UVP. | All fleet with the exception of: D6-CAM (851336). | Comoros |
| AFRIJET BUSINESS SERVICE
   (2) | 002/MTAC/ANAC-G/DSA | ABS | Republic of Gabon | All fleet with the exception of: 2 aircraft of type Falcon 50, 2 aircraft of type Falcon 900. | All fleet with the exception of: TR-LGV; TR-LGY; TR-AFJ; TR-AFR. | Republic of Gabon |
| NOUVELLE AIR AFFAIRES GABON (SN2AG) | 003/MTAC/ANAC-G/DSA | NVS | Republic of Gabon | All fleet with the exception of: 1 aircraft of type Challenger CL-601, 1 aircraft of type HS-125-800. | All fleet with the exception of: TR-AAG, ZS-AFG. | Republic of Gabon; Republic of South Africa |
| IRAN AIR | FS100 | IRA | Islamic Republic of Iran | All aircraft of type Fokker F100 and of type Boeing B747 | Aircraft of type Fokker F100 as mentioned on the AOC; aircraft of type Boeing B747 as mentioned on the AOC | Islamic Republic of Iran |
| AIR KORYO | GAC-AOC/KOR-01 | KOR | Democratic People's Republic of Korea | All fleet with the exception of: 2 aircraft of type TU- 204. | All fleet with the exception of: P-632, P-633. | Democratic People's Republic of Korea |

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

Air Operator Certificate (‘AOC’) Number

ICAO three letter designator

State of the Operator

Aircraft type restricted

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

State of registry

TAAG ANGOLA AIRLINES

001

DTA

Republic of Angola

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

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

Republic of Angola

AIR SERVICE COMORES

06-819/TA-15/DGACM

KMD

Comoros

All fleet with the exception of: LET 410 UVP.

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

Comoros

AFRIJET BUSINESS SERVICE
   (2)

002/MTAC/ANAC-G/DSA

ABS

Republic of Gabon

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

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

Republic of Gabon

NOUVELLE AIR AFFAIRES GABON (SN2AG)

003/MTAC/ANAC-G/DSA

NVS

Republic of Gabon

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

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

Republic of Gabon; Republic of South Africa

IRAN AIR

FS100

IRA

Islamic Republic of Iran

All aircraft of type Fokker F100 and of type Boeing B747

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

Islamic Republic of Iran

AIR KORYO

GAC-AOC/KOR-01

KOR

Democratic People's Republic of Korea

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

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

Democratic People's Republic of Korea

---

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

1

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

2

---

| 2.12.2017 | EN | Official Journal of the European Union | L 318/21 |
| --- | --- | --- | --- |

2.12.2017

EN

Official Journal of the European Union

L 318/21

---

COMMISSION IMPLEMENTING REGULATION (EU) 2017/2216

of 1 December 2017

entering certain names in the register of traditional specialities guaranteed ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ (TSG) and ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ (TSG)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 26 and Article 52(2) thereof,

Whereas:

| (1) | In accordance with Article 26 of Regulation (EU) No 1151/2012, Belgium submitted the names ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ and ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ in view of enabling them to be registered in the register of Traditional Specialities Guaranteed provided for in Article 22 of Regulation (EU) No 1151/2012 with reservation of name. |
| --- | --- |

(1)

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

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

(2)

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

| (3) | The submission of the names ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ and ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ was examined by the Commission and subsequently published in the Official Journal of the European Union (5). |
| --- | --- |

(3)

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

| (4) | As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the names ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ and ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ should therefore be entered in the register with reservation of name, |
| --- | --- |

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

The names ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ (TSG) and ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ (TSG) are hereby entered in the register with reservation of name.

The product specification of the TSG ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ and TSG ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ shall be deemed to be the specification referred to in Article 19 of Regulation (EU) No 1151/2012 for the TSG ‘Vieille Kriek, Vieille Kriek-Lambic, Vieille Framboise-Lambic, Vieux fruit-Lambic/Oude Kriek, Oude Kriekenlambiek, Oude Frambozenlambiek, Oude Fruit-lambiek’ and TSG ‘Vieille Gueuze, Vieille Gueuze-Lambic, Vieux Lambic/Oude Geuze, Oude Geuze-Lambiek, Oude Lambiek’ with reservation of name.

The names specified in the first paragraph denote a product in Class 2.22, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (6).

Article 2

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

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

Done at Brussels, 1 December 2017.

For the Commission

The President

Jean-Claude JUNCKER

---

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

1

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

2

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

3

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

4

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

5

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

6

---

| 2.12.2017 | EN | Official Journal of the European Union | L 318/23 |
| --- | --- | --- | --- |

2.12.2017

EN

Official Journal of the European Union

L 318/23

---

COMMISSION IMPLEMENTING REGULATION (EU) 2017/2217

of 1 December 2017

amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,

Whereas:

| (1) | Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation. |
| --- | --- |

(1)

Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation.

| (2) | On 24 November 2017, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons or entities to whom the freezing of funds and economic resources should apply. |
| --- | --- |

(2)

On 24 November 2017, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons or entities to whom the freezing of funds and economic resources should apply.

| (3) | Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly, |
| --- | --- |

(3)

Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Regulation (EC) No 1210/2003 is amended as set out in the Annex 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, 1 December 2017.

For the Commission,

On behalf of the President,

Head of the Service for Foreign Policy Instruments

---

(1)  
  OJ L 169, 8.7.2003, p. 6.

1

---

ANNEX

In Annex III to Council Regulation (EC) No 1210/2003, the following entry is deleted:

| ‘2. | Iraq Re-insurance Company, Al Khalani Square, Baghdad, Iraq.’ |
| --- | --- |

‘2.

---

DECISIONS

| 2.12.2017 | EN | Official Journal of the European Union | L 318/25 |
| --- | --- | --- | --- |

2.12.2017

EN

Official Journal of the European Union

L 318/25

---

DECISION (EU) 2017/2218 OF THE EUROPEAN PARLIAMENT

of 25 October 2017

on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section II — European Council and Council

THE EUROPEAN PARLIAMENT,

| — | having regard to the general budget of the European Union for the financial year 2015 (1), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2015 (1),

| — | having regard to the consolidated annual accounts of the European Union for the financial year 2015 (COM(2016) 475 — C8-0271/2016) (2), |
| --- | --- |

—

having regard to the consolidated annual accounts of the European Union for the financial year 2015 (COM(2016) 475 — C8-0271/2016) (2),

| — | having regard to the Court of Auditors' annual report on the implementation of the budget concerning the financial year 2015, together with the institutions' replies (3), |
| --- | --- |

—

having regard to the Court of Auditors' annual report on the implementation of the budget concerning the financial year 2015, together with the institutions' replies (3),

| — | having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

| — | having regard to its decision of 27 April 2017
   (5) postponing the discharge decision for the financial year 2015, and the accompanying resolution, |
| --- | --- |

—

having regard to its decision of 27 April 2017
   (5) postponing the discharge decision for the financial year 2015, and the accompanying resolution,

| — | having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

| — | having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 55, 99, 164, 165 and 166 thereof, |
| --- | --- |

—

having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 55, 99, 164, 165 and 166 thereof,

| — | having regard to Rule 94 of and Annex IV to its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 94 of and Annex IV to its Rules of Procedure,

| — | having regard to the second report of the Committee on Budgetary Control (A8-0291/2017), |
| --- | --- |

—

having regard to the second report of the Committee on Budgetary Control (A8-0291/2017),

1.

Refuses to grant the Secretary-General of the Council discharge in respect of the implementation of the budget of the European Council and of the Council for the financial year 2015;

2.

Sets out its observations in the resolution below;

3.

Instructs its President to forward this decision and the resolution forming an integral part of it to the European Council, the Council, the Commission and the Court of Auditors, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).

The President

Antonio TAJANI

The Secretary-General

Klaus WELLE

---

(1)  
  OJ L 69, 13.3.2015.

1

(2)  
  OJ C 380, 14.10.2016, p. 1.

2

(3)  
  OJ C 375, 13.10.2016, p. 1.

3

(4)  
  OJ C 380, 14.10.2016, p. 147.

4

(5)  Texts adopted of that date, P8_TA(2017)0147.

5

(6)  
  OJ L 298, 26.10.2012, p. 1.

6

---

| 2.12.2017 | EN | Official Journal of the European Union | L 318/26 |
| --- | --- | --- | --- |

2.12.2017

EN

Official Journal of the European Union

L 318/26

---

RESOLUTION (EU) 2017/2219 OF THE EUROPEAN PARLIAMENT

of 25 October 2017

with observations forming an integral part of the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section II — European Council and Council

THE EUROPEAN PARLIAMENT,

| — | having regard to its decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section II — European Council and Council, |
| --- | --- |

—

having regard to its decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section II — European Council and Council,

| — | having regard to Rule 94 of and Annex IV to its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 94 of and Annex IV to its Rules of Procedure,

| — | having regard to the second report of the Committee on Budgetary Control (A8-0291/2017), |
| --- | --- |

—

having regard to the second report of the Committee on Budgetary Control (A8-0291/2017),

| A. | whereas all Union institutions ought to be transparent and fully accountable to the citizens of the Union for the funds entrusted to them as Union institutions; |
| --- | --- |

A.

whereas all Union institutions ought to be transparent and fully accountable to the citizens of the Union for the funds entrusted to them as Union institutions;

| B. | whereas the combined effect of an open and transparent Union administration and the need to protect the Union's financial interests require an open and transparent discharge procedure whereby every Union institution is accountable for the budget which it executes, |
| --- | --- |

B.

whereas the combined effect of an open and transparent Union administration and the need to protect the Union's financial interests require an open and transparent discharge procedure whereby every Union institution is accountable for the budget which it executes,

| C. | whereas the European Council and the Council, as Union institutions, should be democratically accountable towards the citizens of the Union as far as they are beneficiaries of the general budget of the European Union; |
| --- | --- |

C.

whereas the European Council and the Council, as Union institutions, should be democratically accountable towards the citizens of the Union as far as they are beneficiaries of the general budget of the European Union;

1.

Recalls the Parliament's role specified in the Treaty on the Functioning of the European Union (TFEU) and in Regulation (EU, Euratom) No 966/2012 (the Financial Regulation) in respect of the budget discharge;

2.

Points out that under Article 335 TFEU, ‘[...] the Union shall be represented by each of the institutions, by virtue of their administrative autonomy, in matters relating to their respective operation’ and that accordingly, taking into account Article 55 of the Financial Regulation, the institutions are individually responsible for the implementation of their budgets;

3.

Notes the role of Parliament and of other institutions within the discharge procedure, as governed by the provisions of the Financial Regulation, in particular Articles 162 to 166 thereof;

4.

Notes that under Rule 94 of Parliament's Rules of Procedure, ‘the provisions governing the procedure for granting discharge to the Commission in accordance with Article 319 of the Treaty on the Functioning of the European Union, in respect of the implementation of the budget, shall also apply to the procedure for granting discharge to: [...] the persons responsible for the implementation of the budgets of other institutions and bodies of the European Union such as the Council [...]’;

5.

Regrets that the Council continues to be silent in relation to the remarks made by Parliament in its discharge resolution of 27 April 2017 (1) on the trend from previous years;

6.

Notes with satisfaction that for the first time the Council provided the Parliament the 2015 annual activity reports of the Directorate-General for Administration, of the Legal Service and of the Directorate-General for Communication and Document Management; notes that the remaining directorates do not have authorising officers by delegation that implement Section II — European Council and Council — of the general budget of the European Union;

7.

Notes that, in March 2017, the coordinators of Parliament's Committee on Budgetary Control decided to establish a working group, represented by all the political groups, to draft a proposal on the Council discharge exercise procedure; stresses that that proposal has now been approved by the Committee on Budgetary Control and sent to the Conference of Presidents, which is the body responsible for Parliament's interinstitutional relations;

Pending issues

Pending issues

| 8. | Regrets that the budget of the European Council and the budget of Council have not yet been separated, as recommended by Parliament in several of its recent discharge resolutions; |
| --- | --- |

8.

Regrets that the budget of the European Council and the budget of Council have not yet been separated, as recommended by Parliament in several of its recent discharge resolutions;

| 9. | Notes that the information on the Council's building policy provided on its website does not include details about the costs incurred in relation to the Council's buildings; is aware that occasionally information is exchanged between the building departments of Parliament and the Council; proposes that that exchange becomes regular and that detailed information be given to Parliament in the Council's annual financial report; |
| --- | --- |

9.

Notes that the information on the Council's building policy provided on its website does not include details about the costs incurred in relation to the Council's buildings; is aware that occasionally information is exchanged between the building departments of Parliament and the Council; proposes that that exchange becomes regular and that detailed information be given to Parliament in the Council's annual financial report;

| 10. | Reiterates its call for progress reports on building projects and a detailed breakdown of the costs incurred to date; calls for information on the costs related to the delayed completion of the Europa building; |
| --- | --- |

10.

Reiterates its call for progress reports on building projects and a detailed breakdown of the costs incurred to date; calls for information on the costs related to the delayed completion of the Europa building;

| 11. | Notes that new ethics guidelines for the Council were published in 2015 and are to be followed up by awareness-raising activities on ethics and integrity; regrets that the Council's whistleblowing rules continue to be publicly unavailable; |
| --- | --- |

11.

Notes that new ethics guidelines for the Council were published in 2015 and are to be followed up by awareness-raising activities on ethics and integrity; regrets that the Council's whistleblowing rules continue to be publicly unavailable;

| 12. | Welcomes the improvements made by the Council with regard to corporate policies, particularly transparency; regrets, however, that the Council has not yet joined the Union transparency register; |
| --- | --- |

12.

Welcomes the improvements made by the Council with regard to corporate policies, particularly transparency; regrets, however, that the Council has not yet joined the Union transparency register;

| 13. | Urges the Council to develop detailed anti-corruption guidelines and independent policies within its structures; |
| --- | --- |

13.

Urges the Council to develop detailed anti-corruption guidelines and independent policies within its structures;

| 14. | Regrets the difficulties repeatedly encountered in the discharge procedures to date, which were due to a lack of cooperation from the Council; points out that Parliament refused to grant discharge to the Secretary-General of the Council in relation to the financial years 2009, 2010, 2011, 2012, 2013 and 2014 for the reasons set out in its resolutions of 10 May 2011 (2), 25 October 2011 (3), 10 May 2012 (4), 23 October 2012 (5), 17 April 2013 (6), 9 October 2013 (7), 3 April 2014 (8), 23 October 2014 (9), 29 April 2015 (10), 27 October 2015 (11), 28 April 2016 (12) and 27 October 2016 (13), and postponed its decision on granting the Secretary-General of the Council discharge in relation to the financial year 2015 for the reasons set out in its resolution of 27 April 2017; |
| --- | --- |

14.

Regrets the difficulties repeatedly encountered in the discharge procedures to date, which were due to a lack of cooperation from the Council; points out that Parliament refused to grant discharge to the Secretary-General of the Council in relation to the financial years 2009, 2010, 2011, 2012, 2013 and 2014 for the reasons set out in its resolutions of 10 May 2011 (2

3

4

5

6

7

8

9

10

11

12

13

| 15. | Notes that failure to grant discharge has not led to consequences of any kind; considers that the situation should nevertheless be resolved as rapidly as possible, principally in the interests of the citizens of the Union; |
| --- | --- |

15.

Notes that failure to grant discharge has not led to consequences of any kind; considers that the situation should nevertheless be resolved as rapidly as possible, principally in the interests of the citizens of the Union;

| 16. | Insists that an effective budgetary control exercise requires the cooperation of Parliament and the Council, as set out in Parliament's resolution of 27 April 2017; confirms that Parliament is unable to make an informed decision on granting discharge; |
| --- | --- |

16.

Insists that an effective budgetary control exercise requires the cooperation of Parliament and the Council, as set out in Parliament's resolution of 27 April 2017; confirms that Parliament is unable to make an informed decision on granting discharge;

| 17. | Reminds the Council of the Commission's view, expressed in January 2014, that all institutions should be fully part of the follow-up process to the observations made by Parliament in the discharge exercise and that all institutions should cooperate to ensure the smooth functioning of the discharge procedure; |
| --- | --- |

17.

Reminds the Council of the Commission's view, expressed in January 2014, that all institutions should be fully part of the follow-up process to the observations made by Parliament in the discharge exercise and that all institutions should cooperate to ensure the smooth functioning of the discharge procedure;

| 18. | Notes that the Commission has stated that it will not oversee the implementation of the budget of the other institutions and that giving a response to questions addressed to another institution would infringe the autonomy of that institution to implement its own section of the budget; |
| --- | --- |

18.

Notes that the Commission has stated that it will not oversee the implementation of the budget of the other institutions and that giving a response to questions addressed to another institution would infringe the autonomy of that institution to implement its own section of the budget;

| 19. | Regrets that the Council continues to fail to provide answers to Parliament's questions; |
| --- | --- |

19.

Regrets that the Council continues to fail to provide answers to Parliament's questions;

| 20. | Insists that the Council's expenditure must be scrutinised in the same way as that of other institutions and that the fundamental elements of such scrutiny have been laid down in Parliament's discharge resolutions of the past years; |
| --- | --- |

20.

Insists that the Council's expenditure must be scrutinised in the same way as that of other institutions and that the fundamental elements of such scrutiny have been laid down in Parliament's discharge resolutions of the past years;

| 21. | Emphasises Parliament's prerogative to grant discharge pursuant to Articles 316, 317 and 319 TFEU, in line with current interpretation and practice, namely to grant discharge of each heading of the budget individually in order to maintain transparency and democratic accountability towards Union taxpayers; |
| --- | --- |

21.

Emphasises Parliament's prerogative to grant discharge pursuant to Articles 316, 317 and 319 TFEU, in line with current interpretation and practice, namely to grant discharge of each heading of the budget individually in order to maintain transparency and democratic accountability towards Union taxpayers;

| 22. | Considers that the lack of cooperation of the European Council and the Council with the discharge authority is a negative sign to the citizens of the Union. |
| --- | --- |

22.

Considers that the lack of cooperation of the European Council and the Council with the discharge authority is a negative sign to the citizens of the Union.

---

(1)  Texts adopted of that date, P8_TA(2017)0147.

1

(2)  
  OJ L 250, 27.9.2011, p. 25.

2

(3)  
  OJ L 313, 26.11.2011, p. 13.

3

(4)  
  OJ L 286, 17.10.2012, p. 23.

4

(5)  
  OJ L 350, 20.12.2012, p. 71.

5

(6)  
  OJ L 308, 16.11.2013, p. 22.

6

(7)  
  OJ L 328, 7.12.2013, p. 97.

7

(8)  
  OJ L 266, 5.9.2014, p. 26.

8

(9)  
  OJ L 334, 21.11.2014, p. 95.

9

(10)  
  OJ L 255, 30.9.2015, p. 22.

10

(11)  
  OJ L 314, 1.12.2015, p. 49.

11

(12)  
  OJ L 246, 14.9.2016, p. 21.

12

(13)  
  OJ L 333, 8.12.2016, p. 51.

13

---

| 2.12.2017 | EN | Official Journal of the European Union | L 318/29 |
| --- | --- | --- | --- |

2.12.2017

EN

Official Journal of the European Union

L 318/29

---

COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2017/2220

of 30 November 2017

amending Decision 90/181/Euratom, EEC authorising Italy to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document C(2017) 7854)

(Only the Italian text is authentic)

THE EUROPEAN COMMISSION,

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

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular the second indent of Article 6(3) thereof,

After consulting the Advisory Committee on Own Resources,

Whereas:

| (1) | Under Article 370 of Council Directive 2006/112/EC (2), Italy may, in accordance with the conditions applying in that Member State on 1 January 1978, continue to tax the transactions listed in Part A of Annex X to that Directive. In accordance with that Article, those transactions are to be taken into account for the determination of the value added tax (VAT) own resources base. |
| --- | --- |

(1)

Under Article 370 of Council Directive 2006/112/EC (2), Italy may, in accordance with the conditions applying in that Member State on 1 January 1978, continue to tax the transactions listed in Part A of Annex X to that Directive. In accordance with that Article, those transactions are to be taken into account for the determination of the value added tax (VAT) own resources base.

| (2) | By Commission Decision 90/181/Euratom, EEC (3), Italy was authorised to use approximate estimates for transactions referred to in point 3 of Part A of Annex X to Directive 2006/112/EC regarding buildings and building land. |
| --- | --- |

(2)

By Commission Decision 90/181/Euratom, EEC (3), Italy was authorised to use approximate estimates for transactions referred to in point 3 of Part A of Annex X to Directive 2006/112/EC regarding buildings and building land.

| (3) | In its letter of 4 April 2017, Italy requested the withdrawal of its authorisation for the calculation of its VAT own resources base for transactions referred to in point 3 of Part A of Annex X to Directive 2006/112/EC, as it is no longer necessary due to a change in the national legislation. After this legal change, Italy no longer taxes those transactions. Thus a negative compensation for VAT own resources purposes is no longer allowed. The authorisation should therefore be withdrawn. |
| --- | --- |

(3)

In its letter of 4 April 2017, Italy requested the withdrawal of its authorisation for the calculation of its VAT own resources base for transactions referred to in point 3 of Part A of Annex X to Directive 2006/112/EC, as it is no longer necessary due to a change in the national legislation. After this legal change, Italy no longer taxes those transactions. Thus a negative compensation for VAT own resources purposes is no longer allowed. The authorisation should therefore be withdrawn.

| (4) | Decision 90/181/Euratom, EEC should therefore be amended accordingly, |
| --- | --- |

(4)

Decision 90/181/Euratom, EEC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In the first paragraph of Article 1 of Decision 90/181/Euratom, EEC, point 1 is deleted.

Article 2

This Decision is addressed to the Italian Republic.

Done at Brussels, 30 November 2017.

For the Commission

Günther OETTINGER

Member of the Commission

---

(1)  
  OJ L 155, 7.6.1989, p. 9.

1

(2)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

2

(3)  Commission Decision 90/181/Euratom, EEC of 23 March 1990 authorizing Italy to use certain approximate estimates for the calculation of the VAT own resources base (OJ L 99, 19.4.1990, p. 32).

3

---

| 2.12.2017 | EN | Official Journal of the European Union | L 318/31 |
| --- | --- | --- | --- |

2.12.2017

EN

Official Journal of the European Union

L 318/31

---

COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2017/2221

of 30 November 2017

amending Decision 2005/820/EC, Euratom authorising the Slovak Republic to use statistics for years earlier than the last year but one and to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document C(2017) 7856)

(Only the Slovak text is authentic)

THE EUROPEAN COMMISSION,

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

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular the second indent of Article 6(3) thereof,

After consulting the Advisory Committee on Own Resources,

Whereas:

| (1) | Under Article 390 of Council Directive 2006/112/EC (2), Slovakia may, in accordance with the conditions applying in that Member State on the date of its accession, continue to exempt the international transport of passengers, as referred to in point 10 of Part B of Annex X to that Directive for as long as the same exemption is applied in any of the Member States which were members of the Community on 30 April 2004. In accordance with that Article those transactions are to be taken into account for the determination of the value added tax (VAT) own resources base. |
| --- | --- |

(1)

Under Article 390 of Council Directive 2006/112/EC (2), Slovakia may, in accordance with the conditions applying in that Member State on the date of its accession, continue to exempt the international transport of passengers, as referred to in point 10 of Part B of Annex X to that Directive for as long as the same exemption is applied in any of the Member States which were members of the Community on 30 April 2004. In accordance with that Article those transactions are to be taken into account for the determination of the value added tax (VAT) own resources base.

| (2) | By Article 2a of Commission Decision 2005/820/EC, Euratom (3), Slovakia was authorised to use a fixed percentage of the intermediate base for transactions referred to in point 10 of Part B of Annex X to Directive 2006/112/EC regarding passenger transport. |
| --- | --- |

(2)

By Article 2a of Commission Decision 2005/820/EC, Euratom (3), Slovakia was authorised to use a fixed percentage of the intermediate base for transactions referred to in point 10 of Part B of Annex X to Directive 2006/112/EC regarding passenger transport.

| (3) | The latest VAT own resource inspection revealed that the authorisation to use a simplified calculation method for the calculation of transactions referred to in point 10 of Part B of Annex X to Directive 2006/112/EC was based on incorrect and incomplete data. This was also confirmed by the Slovak authorities in their official observations to the inspection report. If the Commission had been in possession of correct and complete data, the authorisation to use approximate estimates for passenger transport for the period 2014 to 2020 would not have been granted to Slovakia as the result was too volatile. It is therefore appropriate to delete Article 2a of Decision 2005/820/EC, Euratom retroactively. Notwithstanding the repeal of Article 2a of Decision 2005/820/EC, Euratom, Slovakia can still use the authorisation granted under Article 2 of Decision 2005/820/EC, Euratom in respect of transactions referred to in point 10 of Part B of Annex X to Directive 2006/112/EC. |
| --- | --- |

(3)

The latest VAT own resource inspection revealed that the authorisation to use a simplified calculation method for the calculation of transactions referred to in point 10 of Part B of Annex X to Directive 2006/112/EC was based on incorrect and incomplete data. This was also confirmed by the Slovak authorities in their official observations to the inspection report. If the Commission had been in possession of correct and complete data, the authorisation to use approximate estimates for passenger transport for the period 2014 to 2020 would not have been granted to Slovakia as the result was too volatile. It is therefore appropriate to delete Article 2a of Decision 2005/820/EC, Euratom retroactively. Notwithstanding the repeal of Article 2a of Decision 2005/820/EC, Euratom, Slovakia can still use the authorisation granted under Article 2 of Decision 2005/820/EC, Euratom in respect of transactions referred to in point 10 of Part B of Annex X to Directive 2006/112/EC.

| (4) | Decision 2005/820/EC, Euratom should therefore be amended accordingly, |
| --- | --- |

(4)

Decision 2005/820/EC, Euratom should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Article 2a of Decision 2005/820/EC, Euratom is deleted.

Article 2

This Decision is addressed to the Slovak Republic.

Article 3

This Decision shall apply from 27 November 2014.

Done at Brussels, 30 November 2017.

For the Commission

Günther OETTINGER

Member of the Commission

---

(1)  
  OJ L 155, 7.6.1989, p. 9.

1

(2)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

2

(3)  Commission Decision 2005/820/EC, Euratom of 21 November 2005 authorising the Slovak Republic to use statistics for years earlier than the last year but one and to use certain approximate estimates for the calculation of the VAT own resources base (OJ L 305, 24.11.2005, p. 41).

3

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| 2.12.2017 | EN | Official Journal of the European Union | L 318/33 |
| --- | --- | --- | --- |

2.12.2017

EN

Official Journal of the European Union

L 318/33

---

COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2017/2222

of 30 November 2017

amending Decision 90/178/Euratom, EEC authorising Luxembourg not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document C(2017) 7857)

(Only the French text is authentic)

THE EUROPEAN COMMISSION,

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

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular the second indent of Article 6(3) thereof,

After consulting the Advisory Committee on Own Resources,

Whereas:

| (1) | Under Article 371 of Council Directive 2006/112/EC (2), Luxembourg may, in accordance with the conditions applying in that Member State on 1 January 1978, continue to exempt the transactions listed in Part B of Annex X to that Directive. In accordance with that Article, those transactions are to be taken into account for the determination of the value added tax (VAT) own resources base. |
| --- | --- |

(1)

Under Article 371 of Council Directive 2006/112/EC (2), Luxembourg may, in accordance with the conditions applying in that Member State on 1 January 1978, continue to exempt the transactions listed in Part B of Annex X to that Directive. In accordance with that Article, those transactions are to be taken into account for the determination of the value added tax (VAT) own resources base.

| (2) | By Commission Decision 90/178/Euratom, EEC (3), Luxembourg was authorised to use approximate estimates for transactions referred to in point 10 of Part B of Annex X to Directive 2006/112/EC regarding passenger transport. |
| --- | --- |

(2)

By Commission Decision 90/178/Euratom, EEC (3), Luxembourg was authorised to use approximate estimates for transactions referred to in point 10 of Part B of Annex X to Directive 2006/112/EC regarding passenger transport.

| (3) | In its letters of 25 April 2017 and 7 July 2017, Luxembourg requested an authorisation from the Commission to use a fixed percentage of the intermediate base for the calculation of the VAT own resources base for transactions referred to in point 10 of Part B of Annex X to Directive 2006/112/EC regarding passenger transport. Luxembourg has shown that the percentage applied to the intermediate base has been stable for years 2010 to 2015. Authorisation to use fixed percentage would further reduce administrative burden in calculating the VAT own resources base for such transactions. Luxembourg should therefore be authorised to calculate the VAT own resources base using a fixed percentage regarding passenger transport. |
| --- | --- |

(3)

In its letters of 25 April 2017 and 7 July 2017, Luxembourg requested an authorisation from the Commission to use a fixed percentage of the intermediate base for the calculation of the VAT own resources base for transactions referred to in point 10 of Part B of Annex X to Directive 2006/112/EC regarding passenger transport. Luxembourg has shown that the percentage applied to the intermediate base has been stable for years 2010 to 2015. Authorisation to use fixed percentage would further reduce administrative burden in calculating the VAT own resources base for such transactions. Luxembourg should therefore be authorised to calculate the VAT own resources base using a fixed percentage regarding passenger transport.

| (4) | For reasons of transparency and legal certainty it is appropriate to limit the applicability of the authorisation in time. |
| --- | --- |

(4)

For reasons of transparency and legal certainty it is appropriate to limit the applicability of the authorisation in time.

| (5) | Decision 90/178/Euratom, EEC should therefore be amended accordingly, |
| --- | --- |

(5)

Decision 90/178/Euratom, EEC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Decision 90/178/Euratom, EEC the following Article 2a is inserted:

‘Article 2a

By way of derogation from Article 2(3) of this Decision, for the purpose of calculating the VAT own resources base from 1 January 2017 to 31 December 2020, Luxembourg is authorised to use 0,05 % of the intermediate base in respect of transactions referred to in point 10 of Part B of Annex X to Council Directive 2006/112/EC (*1).

Article 2

This Decision is addressed to the Grand Duchy of Luxembourg.

Done at Brussels, 30 November 2017.

For the Commission

Günther OETTINGER

Member of the Commission

---

(1)  
  OJ L 155, 7.6.1989, p. 9.

1

(2)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

2

(3)  Commission Decision 90/178/Euratom, EEC of 23 March 1990 authorizing Luxembourg not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base (OJ L 99, 19.4.1990, p. 26).

3

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| 2.12.2017 | EN | Official Journal of the European Union | L 318/35 |
| --- | --- | --- | --- |

2.12.2017

EN

Official Journal of the European Union

L 318/35

---

COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2017/2223

of 30 November 2017

amending Decision 90/177/Euratom, EEC authorising Belgium not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document C(2017) 7860)

(Only the Dutch and French texts are authentic)

THE EUROPEAN COMMISSION,

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

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular the second indent of Article 6(3) thereof,

After consulting the Advisory Committee on Own Resources,

Whereas:

| (1) | Under Article 371 of Council Directive 2006/112/EC (2), Belgium may, in accordance with the conditions applying in that Member State on 1 January 1978, continue to exempt the transactions listed in Part B of Annex X to that Directive. In accordance with that Article those transactions are to be taken into account for the determination of the value added tax (VAT) own resources base. |
| --- | --- |

(1)

Under Article 371 of Council Directive 2006/112/EC (2), Belgium may, in accordance with the conditions applying in that Member State on 1 January 1978, continue to exempt the transactions listed in Part B of Annex X to that Directive. In accordance with that Article those transactions are to be taken into account for the determination of the value added tax (VAT) own resources base.

| (2) | By Commission Decision 90/177/Euratom, EEC (3), Belgium was authorised to use approximate estimates for transactions referred to in points 11 and 12 of Part B of Annex X to Directive 2006/112/EC regarding aircraft and warships. |
| --- | --- |

(2)

By Commission Decision 90/177/Euratom, EEC (3), Belgium was authorised to use approximate estimates for transactions referred to in points 11 and 12 of Part B of Annex X to Directive 2006/112/EC regarding aircraft and warships.

| (3) | The authorisations granted to Belgium for transactions referred to in points 11 and 12 of Part B of Annex X to Directive 2006/112/EC are not limited in time. For reasons of transparency and legal certainty it is appropriate to limit the applicability of those authorisations in time. |
| --- | --- |

(3)

The authorisations granted to Belgium for transactions referred to in points 11 and 12 of Part B of Annex X to Directive 2006/112/EC are not limited in time. For reasons of transparency and legal certainty it is appropriate to limit the applicability of those authorisations in time.

| (4) | Decision 90/177/Euratom, EEC should therefore be amended accordingly, |
| --- | --- |

(4)

Decision 90/177/Euratom, EEC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Article 2 of Decision 90/177/Euratom, EEC, points 5 and 6 are replaced by the following:

| ‘5. | Until 31 December 2020, the supply, modification, repair, maintenance, chartering and hiring of aircraft used by State institutions, including equipment incorporated or used in such aircraft (point 11 of Part B of Annex X to Council Directive 2006/112/EC (*1)); |
| --- | --- |

‘5.

| 6. | Until 31 December 2020, the supply, modification, repair, maintenance, chartering and hiring of fighting ships (point 12 of Part B of Annex X, to Directive 2006/112/EC). |
| --- | --- |

6.

Article 2

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 30 November 2017.

For the Commission

Günther OETTINGER

Member of the Commission

---

(1)  
  OJ L 155, 7.6.1989, p. 9.

1

(2)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

2

(3)  Commission Decision 90/177/Euratom, EEC of 23 March 1990 authorizing Belgium not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base (OJ L 99, 19.4.1990, p. 24).

3

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| 2.12.2017 | EN | Official Journal of the European Union | L 318/37 |
| --- | --- | --- | --- |

2.12.2017

EN

Official Journal of the European Union

L 318/37

---

COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2017/2224

of 30 November 2017

amending Implementing Decision 2014/844/EU, Euratom authorising Malta to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document C(2017) 7861)

(Only the English and Maltese texts are authentic)

THE EUROPEAN COMMISSION,

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

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular the second indent of Article 6(3) thereof,

After consulting the Advisory Committee on Own Resources,

Whereas:

| (1) | Under Article 387 of Council Directive 2006/112/EC (2), Malta may, in accordance with the conditions applying in that Member State on the date of its accession, continue to exempt the transactions referred to in point 9 of Part B of Annex X to that Directive, for as long as the same exemption is applied in any of the Member States which were members of the Community on 30 April 2004. In accordance with that Article those transactions are to be taken into account for the determination of the value added tax (VAT) own resources base. |
| --- | --- |

(1)

Under Article 387 of Council Directive 2006/112/EC (2), Malta may, in accordance with the conditions applying in that Member State on the date of its accession, continue to exempt the transactions referred to in point 9 of Part B of Annex X to that Directive, for as long as the same exemption is applied in any of the Member States which were members of the Community on 30 April 2004. In accordance with that Article those transactions are to be taken into account for the determination of the value added tax (VAT) own resources base.

| (2) | By Commission Implementing Decision 2014/844/EU, Euratom (3), Malta was authorised to use fixed percentages of the intermediate base for the calculation of the VAT own resources base for transactions referred to in points 8 and 10 of Part B of Annex X to Directive 2006/112/EC regarding public water and passenger transport. |
| --- | --- |

(2)

By Commission Implementing Decision 2014/844/EU, Euratom (3), Malta was authorised to use fixed percentages of the intermediate base for the calculation of the VAT own resources base for transactions referred to in points 8 and 10 of Part B of Annex X to Directive 2006/112/EC regarding public water and passenger transport.

| (3) | In its letter of 25 April 2017, Malta requested an authorisation from the Commission to use certain approximate estimates for the calculation of the VAT own resources base for transactions referred to in point 9 of Part B of Annex X to Directive 2006/112/EC regarding new buildings and building land. In calculating the compensation for the supply of new buildings and building land, Malta values building land as twice the price of the new buildings. Calculating a precise value for building land would involve administrative burdens which would be unjustified in relation to the effect of the transactions in question on the total VAT resources base of Malta. Malta should therefore be authorised to calculate the VAT own resources base using approximate estimates regarding new buildings and building land. |
| --- | --- |

(3)

In its letter of 25 April 2017, Malta requested an authorisation from the Commission to use certain approximate estimates for the calculation of the VAT own resources base for transactions referred to in point 9 of Part B of Annex X to Directive 2006/112/EC regarding new buildings and building land. In calculating the compensation for the supply of new buildings and building land, Malta values building land as twice the price of the new buildings. Calculating a precise value for building land would involve administrative burdens which would be unjustified in relation to the effect of the transactions in question on the total VAT resources base of Malta. Malta should therefore be authorised to calculate the VAT own resources base using approximate estimates regarding new buildings and building land.

| (4) | For reasons of transparency and legal certainty it is appropriate to limit the applicability of the authorisation in time. |
| --- | --- |

(4)

For reasons of transparency and legal certainty it is appropriate to limit the applicability of the authorisation in time.

| (5) | Implementing Decision 2014/844/EU, Euratom should therefore be amended accordingly, |
| --- | --- |

(5)

Implementing Decision 2014/844/EU, Euratom should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Implementing Decision 2014/844/EU, Euratom the following Article 2a is inserted:

‘Article 2a

For the purpose of calculating the VAT own resources base from 1 January 2017 to 31 December 2021, Malta is authorised to use approximate estimates in respect of transactions referred to in point 9 of Part B of Annex X to Directive 2006/112/EC (new buildings and building land).’

Article 2

This Decision is addressed to the Republic of Malta.

Done at Brussels, 30 November 2017.

For the Commission

Günther OETTINGER

Member of the Commission

---

(1)  
  OJ L 155, 7.6.1989, p. 9.

1

(2)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

2

(3)  Commission Implementing Decision 2014/844/EU, Euratom of 26 November 2014 authorising Malta to use certain approximate estimates for the calculation of the VAT own resources base (OJ L 343, 28.11.2014, p. 33).

3

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