# Official Journal L 306/2010

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2010.306.eng |
| --- | --- |
| Official Journal
  of the European Union | L 306 |
| | |
| English edition | Legislation | Volume 5323 November 2010 |

ISSN 1725-2555

doi:10.3000/17252555.L_2010.306.eng

Official Journal

of the European Union

L 306

English edition

Legislation

Volume 5323 November 2010

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | | 2010/697/EU |
| | * | Council Decision of 21 October 2010 on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, with regard to the adoption of provisions on the coordination of social security systems | 1 |
| Draft — Decision No .../... of the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, of ... with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement | 2 |
| | | 2010/698/EU |
| | * | Council Decision of 21 October 2010 on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, with regard to the adoption of provisions on the coordination of social security systems | 8 |
| Draft — Decision No .../... of the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, of ... with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement | 9 |
| | | 2010/699/EU |
| | * | Council Decision of 21 October 2010 on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, with regard to the adoption of provisions on the coordination of social security systems | 14 |
| Draft — Decision No .../... of the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, of ... with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement | 15 |
| | | 2010/700/EU |
| | * | Council Decision of 21 October 2010 on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, with regard to the adoption of provisions on the coordination of social security systems | 21 |
| Draft — Decision No .../... of the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, of ... with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement | 22 |
| | | 2010/701/EU |
| | * | Council Decision of 21 October 2010 on the position to be taken by the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, with regard to the adoption of provisions on the coordination of social security systems | 28 |
| Draft — Decision No .../... of the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, of ... with regard to the provisions on the coordination of social security systems contained in the Stabilisation and Association Agreement | 29 |
| | | 2010/702/EU |
| | * | Council Decision of 21 October 2010 on the position to be taken by the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, with regard to the adoption of provisions on the coordination of social security systems | 35 |
| Draft — Decision No .../... of the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, of ... with regard to the provisions on the coordination of social security systems contained in the Stabilisation and Association Agreement | 36 |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 1070/2010 of 22 November 2010 amending Directive 2008/38/EC by adding to the list of intended uses as a particular nutritional purpose the support of the metabolism of the joints in the case of osteoarthritis in dogs and cats (
  1
  ) | 42 |
| | * | Commission Regulation (EU) No 1071/2010 of 22 November 2010 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (
  1
  ) | 44 |
| | * | Commission Regulation (EU) No 1072/2010 of 22 November 2010 establishing a prohibition of fishing for northern prawn in NAFO 3L by vessels flying the flag of Lithuania | 68 |
| | * | Commission Regulation (EU) No 1073/2010 of 22 November 2010 establishing a prohibition of fishing for saithe in IIIa; EU waters of IIa, IIIb, IIIc, IIId and IV by vessels flying the flag of Sweden | 70 |
| | | Commission Regulation (EU) No 1074/2010 of 22 November 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables | 72 |
| | | Commission Regulation (EU) No 1075/2010 of 22 November 2010 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year | 74 |
| | | DECISIONS |
| | | 2010/703/EU |
| | * | Decision of the Representatives of the Governments of the Member States of 18 November 2010 appointing a Judge to the General Court | 76 |
| | | 2010/704/EU |
| | * | Commission Decision of 22 November 2010 on the recognition of Sri Lanka as regards education, training and certification of seafarers for the recognition of certificates of competency
  (notified under document C(2010) 7963)

   (
  1
  ) | 77 |
| | | 2010/705/EU |
| | * | Commission Decision of 22 November 2010 on the withdrawal of the recognition of Georgia as regards education, training and certification of seafarers for the recognition of certificates of competency
  (notified under document C(2010) 7966)

   (
  1
  ) | 78 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

2010/697/EU

*

Council Decision of 21 October 2010 on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, with regard to the adoption of provisions on the coordination of social security systems

1

Draft — Decision No .../... of the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, of ... with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement

2

2010/698/EU

*

Council Decision of 21 October 2010 on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, with regard to the adoption of provisions on the coordination of social security systems

8

Draft — Decision No .../... of the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, of ... with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement

9

2010/699/EU

*

Council Decision of 21 October 2010 on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, with regard to the adoption of provisions on the coordination of social security systems

14

Draft — Decision No .../... of the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, of ... with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement

15

2010/700/EU

*

Council Decision of 21 October 2010 on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, with regard to the adoption of provisions on the coordination of social security systems

21

Draft — Decision No .../... of the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, of ... with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement

22

2010/701/EU

*

Council Decision of 21 October 2010 on the position to be taken by the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, with regard to the adoption of provisions on the coordination of social security systems

28

Draft — Decision No .../... of the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, of ... with regard to the provisions on the coordination of social security systems contained in the Stabilisation and Association Agreement

29

2010/702/EU

*

Council Decision of 21 October 2010 on the position to be taken by the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, with regard to the adoption of provisions on the coordination of social security systems

35

Draft — Decision No .../... of the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, of ... with regard to the provisions on the coordination of social security systems contained in the Stabilisation and Association Agreement

36

REGULATIONS

*

Commission Regulation (EU) No 1070/2010 of 22 November 2010 amending Directive 2008/38/EC by adding to the list of intended uses as a particular nutritional purpose the support of the metabolism of the joints in the case of osteoarthritis in dogs and cats (
  1
  )

1

42

*

Commission Regulation (EU) No 1071/2010 of 22 November 2010 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (
  1
  )

1

44

*

Commission Regulation (EU) No 1072/2010 of 22 November 2010 establishing a prohibition of fishing for northern prawn in NAFO 3L by vessels flying the flag of Lithuania

68

*

Commission Regulation (EU) No 1073/2010 of 22 November 2010 establishing a prohibition of fishing for saithe in IIIa; EU waters of IIa, IIIb, IIIc, IIId and IV by vessels flying the flag of Sweden

70

Commission Regulation (EU) No 1074/2010 of 22 November 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables

72

Commission Regulation (EU) No 1075/2010 of 22 November 2010 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year

74

DECISIONS

2010/703/EU

*

Decision of the Representatives of the Governments of the Member States of 18 November 2010 appointing a Judge to the General Court

76

2010/704/EU

*

Commission Decision of 22 November 2010 on the recognition of Sri Lanka as regards education, training and certification of seafarers for the recognition of certificates of competency
  (notified under document C(2010) 7963)

   (
  1
  )

(notified under document C(2010) 7963)

1

77

2010/705/EU

*

Commission Decision of 22 November 2010 on the withdrawal of the recognition of Georgia as regards education, training and certification of seafarers for the recognition of certificates of competency
  (notified under document C(2010) 7966)

   (
  1
  )

(notified under document C(2010) 7966)

1

78

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

---

II Non-legislative acts

INTERNATIONAL AGREEMENTS

| 23.11.2010 | EN | Official Journal of the European Union | L 306/1 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/1

---

COUNCIL DECISION

of 21 October 2010

on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, with regard to the adoption of provisions on the coordination of social security systems

(2010/697/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Article 67 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (1) (the Agreement), provides that the Association Council shall adopt provisions to implement the principles on the coordination of social security systems as set out in Article 65 of the Agreement before the end of the first year following its entry into force. |
| --- | --- |

(1)

Article 67 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (1) (the Agreement), provides that the Association Council shall adopt provisions to implement the principles on the coordination of social security systems as set out in Article 65 of the Agreement before the end of the first year following its entry into force.

| (2) | Objective 29, third indent, of the EU-Morocco Action Plan adopted by the Association Council in the context of the European Neighbourhood Policy on 27 July 2005 calls for the adoption by the Association Council of a decision implementing Article 65 of the Agreement. |
| --- | --- |

(2)

Objective 29, third indent, of the EU-Morocco Action Plan adopted by the Association Council in the context of the European Neighbourhood Policy on 27 July 2005 calls for the adoption by the Association Council of a decision implementing Article 65 of the Agreement.

| (3) | In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(3)

In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

| (4) | In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application, |
| --- | --- |

(4)

In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, concerning the implementation of Article 67 of the Agreement, shall be based on the draft decision of the Association Council attached to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 21 October 2010.

For the Council

The President

J. MILQUET

---

(1)  OJ L 70, 18.3.2000, p. 2.

1

---

Draft

DECISION No .../... OF THE ASSOCIATION COUNCIL

set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part,

of ...

with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement

THE ASSOCIATION COUNCIL,

Having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (1), and in particular Article 67 thereof,

Whereas:

| (1) | Articles 65 to 68 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (the Agreement), provide for the coordination of the social security systems of Morocco and the Member States. Article 65 lays down the principles for such coordination. |
| --- | --- |

(1)

Articles 65 to 68 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (the Agreement), provide for the coordination of the social security systems of Morocco and the Member States. Article 65 lays down the principles for such coordination.

| (2) | Article 67 of the Agreement provides that the Association Council shall adopt a decision implementing the principles set out in Article 65 before the end of the first year following the entry into force of the Agreement. |
| --- | --- |

(2)

Article 67 of the Agreement provides that the Association Council shall adopt a decision implementing the principles set out in Article 65 before the end of the first year following the entry into force of the Agreement.

| (3) | Objective 29, third indent, of the EU-Morocco Action Plan, as adopted by the Association Council in the context of the European Neighbourhood Policy on 27 July 2005, calls for the adoption of a decision implementing Article 65 of the Agreement. |
| --- | --- |

(3)

Objective 29, third indent, of the EU-Morocco Action Plan, as adopted by the Association Council in the context of the European Neighbourhood Policy on 27 July 2005, calls for the adoption of a decision implementing Article 65 of the Agreement.

| (4) | With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits. |
| --- | --- |

(4)

With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits.

| (5) | In applying this Decision, the right of Moroccan workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance Morocco. |
| --- | --- |

(5)

In applying this Decision, the right of Moroccan workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance Morocco.

| (6) | Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Moroccan workers in the various Member States regarding entitlement to certain benefits, as set out in Article 65(2) of the Agreement. |
| --- | --- |

(6)

Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Moroccan workers in the various Member States regarding entitlement to certain benefits, as set out in Article 65(2) of the Agreement.

| (7) | It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Morocco, in order to facilitate the application of the coordination rules. |
| --- | --- |

(7)

It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Morocco, in order to facilitate the application of the coordination rules.

| (8) | To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Morocco, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Morocco as well as between the person concerned and the institution of the competent State. |
| --- | --- |

(8)

To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Morocco, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Morocco as well as between the person concerned and the institution of the competent State.

| (9) | Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force, |
| --- | --- |

(9)

Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

HAS ADOPTED THIS DECISION:

PART I

GENERAL PROVISIONS

Article 1

Definitions

1.   For the purposes of this Decision:

| (a) | ‘Agreement’ means the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part; |
| --- | --- |

(a)

‘Agreement’ means the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part;

| (b) | ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union; |
| --- | --- |

(b)

‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union;

| (c) | ‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4); |
| --- | --- |

(c)

‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4);

| (d) | ‘Member State’ means a Member State of the European Union; |
| --- | --- |

(d)

‘Member State’ means a Member State of the European Union;

| (e) | ‘worker’ means,






  (i) | for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation; |
| --- | --- | --- |

(e)

‘worker’ means,

(i)

for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

| (ii) | for the purposes of the legislation of Morocco, a person pursuing an activity as an employed person within the meaning of that legislation; |
| --- | --- |

(ii)

for the purposes of the legislation of Morocco, a person pursuing an activity as an employed person within the meaning of that legislation;

| (f) | ‘member of the family’ means,






  (i) | for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation; |
| --- | --- | --- |

(f)

‘member of the family’ means,

(i)

for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

| (ii) | for the purposes of the legislation of Morocco, a member of the family within the meaning of that legislation; |
| --- | --- |

(ii)

for the purposes of the legislation of Morocco, a member of the family within the meaning of that legislation;

| (g) | ‘legislation’ means,






  (i) | in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation; |
| --- | --- | --- |

(g)

‘legislation’ means,

(i)

in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation;

| (ii) | in relation to Morocco, the corresponding relevant legislation as applicable in Morocco; |
| --- | --- |

(ii)

in relation to Morocco, the corresponding relevant legislation as applicable in Morocco;

| (h) | ‘benefits’ means,






  (i) | in relation to the Member States, benefits within the meaning of Article 3 of the Regulation; |
| --- | --- | --- |

(h)

‘benefits’ means,

(i)

in relation to the Member States, benefits within the meaning of Article 3 of the Regulation;

| (ii) | in relation to Morocco, the corresponding benefits applying in Morocco; |
| --- | --- |

(ii)

in relation to Morocco, the corresponding benefits applying in Morocco;

| (i) | ‘exportable benefits’ means,






  (i) | in relation to the Member States:






  — | old-age pensions, |
| --- | --- | --- | --- |

(i)

‘exportable benefits’ means,

(i)

in relation to the Member States:

—

old-age pensions,

| — | survivors’ pensions, |
| --- | --- |

—

survivors’ pensions,

| — | pensions in respect of accidents at work and occupational diseases, |
| --- | --- |

—

pensions in respect of accidents at work and occupational diseases,

| — | invalidity pensions related to accidents at work and occupational diseases, |
| --- | --- |

—

invalidity pensions related to accidents at work and occupational diseases,

within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

| (ii) | in relation to Morocco, the corresponding benefits provided under the legislation of Morocco, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision. |
| --- | --- |

(ii)

in relation to Morocco, the corresponding benefits provided under the legislation of Morocco, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision.

2.   Other terms used in this Decision shall have the meaning which is assigned to them:

| (a) | in relation to the Member States, in the Regulation and the implementing Regulation; |
| --- | --- |

(a)

in relation to the Member States, in the Regulation and the implementing Regulation;

| (b) | in relation to Morocco, in the relevant legislation as applicable in Morocco. |
| --- | --- |

(b)

in relation to Morocco, in the relevant legislation as applicable in Morocco.

Article 2

Persons covered

This Decision shall apply:

| (a) | to workers who are Moroccan nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors; |
| --- | --- |

(a)

to workers who are Moroccan nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

| (b) | to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State; |
| --- | --- |

(b)

to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

| (c) | to workers who are nationals of a Member State who are or have been legally employed in the territory of Morocco and who are or have been subject to the legislation of Morocco, and their survivors; and |
| --- | --- |

(c)

to workers who are nationals of a Member State who are or have been legally employed in the territory of Morocco and who are or have been subject to the legislation of Morocco, and their survivors; and

| (d) | to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Morocco. |
| --- | --- |

(d)

to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Morocco.

Article 3

Equality of treatment

1.   Workers who are Moroccan nationals and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.

2.   Workers who are nationals of a Member State and are legally employed in Morocco and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to Moroccan nationals.

PART II

RELATIONS BETWEEN THE MEMBER STATES AND MOROCCO

Article 4

Waiving of residence clauses

1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing,

| (i) | for the purpose of a benefit under the legislation of a Member State, within the territory of Morocco; or |
| --- | --- |

(i)

for the purpose of a benefit under the legislation of a Member State, within the territory of Morocco; or

| (ii) | for the purpose of a benefit under the legislation of Morocco, within the territory of a Member State. |
| --- | --- |

(ii)

for the purpose of a benefit under the legislation of Morocco, within the territory of a Member State.

2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned when these family members reside within the territory of Morocco.

3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of Morocco when these family members reside within the territory of a Member State.

PART III

MISCELLANEOUS PROVISIONS

Article 5

Cooperation

1.   The Member States and Morocco shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.

2.   For the purposes of this Decision, the authorities and institutions of the Member States and of Morocco shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Morocco may agree to certain expenses being reimbursed.

3.   The authorities and institutions of the Member States and of Morocco may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.

4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.

5.   The persons concerned must inform the institutions of the competent Member State or Morocco, where the latter is the competent State, and of the Member State of residence or Morocco, where the latter is the State of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.

6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.

7.   The Member States and Morocco may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Association Council.

Article 6

Administrative checks and medical examinations

1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.

2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in Morocco or in Morocco when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.

The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.

The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.

The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.

3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in Morocco or in Morocco when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.

The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.

The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.

4.   One or more Member States and Morocco may agree on other administrative provisions, subject to their informing the Association Council thereof.

5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.

Article 7

Application of Article 90 of the Agreement

Article 90 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.

Article 8

Special provisions for the application of the legislation of Morocco

The Association Council may, if necessary, lay down special provisions for the application of the legislation of Morocco in Annex II.

Article 9

Administrative procedures from existing bilateral agreements

Administrative procedures contained in existing bilateral agreements between a Member State and Morocco may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.

Article 10

Agreements supplementing the procedures for implementing this Decision

One or more Member States and Morocco may conclude agreements designed to supplement the administrative procedures for implementing this Decision especially with regard to preventing and combating fraud and error.

PART IV

TRANSITIONAL AND FINAL PROVISIONS

Article 11

Transitional provisions

1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.

2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.

3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.

4.   If a request as referred to in paragraph 3 is submitted within two years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or Morocco concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.

5.   If a request as referred to in paragraph 3 is submitted after the expiry of the two-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or Morocco.

Article 12

Annexes to this Decision

1.   The Annexes to this Decision constitute an integral part thereof.

2.   At the request of Morocco, the Annexes may be amended by a decision of the Association Council.

Article 13

Entry into force

This Decision shall enter into force on the first day of the first month following the date of its publication in the Official Journal of the European Union.

Done at ..., ...

For the Association Council

The President

---

(1)  OJ L 70, 18.3.2000, p. 2.

1

(2)  OJ L 124, 20.5.2003, p. 1.

2

(3)  OJ L 166, 30.4.2004, p. 1.

3

(4)  OJ L 284, 30.10.2009, p. 1.

4

ANNEX I

LIST OF MOROCCAN SPECIAL NON-CONTRIBUTORY CASH BENEFITS

...

ANNEX II

SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF MOROCCO

...

---

| 23.11.2010 | EN | Official Journal of the European Union | L 306/8 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/8

---

COUNCIL DECISION

of 21 October 2010

on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, with regard to the adoption of provisions on the coordination of social security systems

(2010/698/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Article 67 of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (1) (the Agreement), provides that the Association Council shall adopt provisions to implement the principles on the coordination of social security systems as set out in Article 65 of the Agreement before the end of the first year following its entry into force. |
| --- | --- |

(1)

Article 67 of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (1) (the Agreement), provides that the Association Council shall adopt provisions to implement the principles on the coordination of social security systems as set out in Article 65 of the Agreement before the end of the first year following its entry into force.

| (2) | Objective 29, second indent, of the EU-Tunisia Action Plan adopted by the Association Council in the context of the European Neighbourhood Policy on 4 July 2005 calls for the adoption by the Association Council of a decision implementing Article 65 of the Agreement. |
| --- | --- |

(2)

Objective 29, second indent, of the EU-Tunisia Action Plan adopted by the Association Council in the context of the European Neighbourhood Policy on 4 July 2005 calls for the adoption by the Association Council of a decision implementing Article 65 of the Agreement.

| (3) | In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(3)

In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

| (4) | In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it nor subject to its application, |
| --- | --- |

(4)

In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it nor subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, concerning the implementation of Article 67 of the Agreement, shall be based on the draft decision of the Association Council attached to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 21 October 2010.

For the Council

The President

J. MILQUET

---

(1)  OJ L 97, 30.3.1998, p. 2.

1

---

Draft

DECISION No .../... OF THE ASSOCIATION COUNCIL

set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part,

of ...

with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement

THE ASSOCIATION COUNCIL,

Having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, (1) and in particular Article 67 thereof,

Whereas:

| (1) | Articles 65 to 68 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (the Agreement), provide for the coordination of the social security systems of Tunisia and the Member States. Article 65 lays down the principles for such coordination. |
| --- | --- |

(1)

Articles 65 to 68 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (the Agreement), provide for the coordination of the social security systems of Tunisia and the Member States. Article 65 lays down the principles for such coordination.

| (2) | Article 67 of the Agreement provides that the Association Council shall adopt a decision implementing the principles set out in Article 65 before the end of the first year following the entry into force of the Agreement. |
| --- | --- |

(2)

Article 67 of the Agreement provides that the Association Council shall adopt a decision implementing the principles set out in Article 65 before the end of the first year following the entry into force of the Agreement.

| (3) | Objective 29, second indent, of the EU-Tunisia Action Plan, as adopted by the Association Council in the context of the European Neighbourhood Policy on 4 July 2005, calls for the adoption of a decision implementing Article 65 of the Agreement. |
| --- | --- |

(3)

Objective 29, second indent, of the EU-Tunisia Action Plan, as adopted by the Association Council in the context of the European Neighbourhood Policy on 4 July 2005, calls for the adoption of a decision implementing Article 65 of the Agreement.

| (4) | With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits. |
| --- | --- |

(4)

With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits.

| (5) | In applying this Decision, the right of Tunisian workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance Tunisia. |
| --- | --- |

(5)

In applying this Decision, the right of Tunisian workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance Tunisia.

| (6) | Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Tunisian workers in the various Member States regarding entitlement to certain benefits, as set out in Article 65(2) of the Agreement. |
| --- | --- |

(6)

Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Tunisian workers in the various Member States regarding entitlement to certain benefits, as set out in Article 65(2) of the Agreement.

| (7) | It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Tunisia, in order to facilitate the application of the coordination rules. |
| --- | --- |

(7)

It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Tunisia, in order to facilitate the application of the coordination rules.

| (8) | To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Tunisia, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Tunisia as well as between the person concerned and the institution of the competent State. |
| --- | --- |

(8)

To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Tunisia, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Tunisia as well as between the person concerned and the institution of the competent State.

| (9) | Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force, |
| --- | --- |

(9)

Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

HAS ADOPTED THIS DECISION:

PART I

GENERAL PROVISIONS

Article 1

Definitions

1.   For the purposes of this Decision:

| (a) | ‘Agreement’ means the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part; |
| --- | --- |

(a)

‘Agreement’ means the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part;

| (b) | ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union; |
| --- | --- |

(b)

‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union;

| (c) | ‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4); |
| --- | --- |

(c)

‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4);

| (d) | ‘Member State’ means a Member State of the European Union; |
| --- | --- |

(d)

‘Member State’ means a Member State of the European Union;

| (e) | ‘worker’ means,






  (i) | for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation; |
| --- | --- | --- |

(e)

‘worker’ means,

(i)

for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

| (ii) | for the purposes of the legislation of Tunisia, a person pursuing an activity as an employed person within the meaning of that legislation; |
| --- | --- |

(ii)

for the purposes of the legislation of Tunisia, a person pursuing an activity as an employed person within the meaning of that legislation;

| (f) | ‘member of the family’ means,






  (i) | for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation; |
| --- | --- | --- |

(f)

‘member of the family’ means,

(i)

for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

| (ii) | for the purposes of the legislation of Tunisia, a member of the family within the meaning of that legislation; |
| --- | --- |

(ii)

for the purposes of the legislation of Tunisia, a member of the family within the meaning of that legislation;

| (g) | ‘legislation’ means,






  (i) | in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation; |
| --- | --- | --- |

(g)

‘legislation’ means,

(i)

in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation;

| (ii) | in relation to Tunisia, the corresponding relevant legislation as applicable in Tunisia; |
| --- | --- |

(ii)

in relation to Tunisia, the corresponding relevant legislation as applicable in Tunisia;

| (h) | ‘benefits’ means,






  (i) | in relation to the Member States, benefits within the meaning of Article 3 of the Regulation; |
| --- | --- | --- |

(h)

‘benefits’ means,

(i)

in relation to the Member States, benefits within the meaning of Article 3 of the Regulation;

| (ii) | in relation to Tunisia, the corresponding benefits applying in Tunisia; |
| --- | --- |

(ii)

in relation to Tunisia, the corresponding benefits applying in Tunisia;

| (i) | ‘exportable benefits’ means,






  (i) | in relation to the Member States:






  — | old-age pensions, |
| --- | --- | --- | --- |

(i)

‘exportable benefits’ means,

(i)

in relation to the Member States:

—

old-age pensions,

| — | survivors’ pensions, |
| --- | --- |

—

survivors’ pensions,

| — | pensions in respect of accidents at work and occupational diseases, |
| --- | --- |

—

pensions in respect of accidents at work and occupational diseases,

| — | invalidity pensions related to accidents at work and occupational diseases, |
| --- | --- |

—

invalidity pensions related to accidents at work and occupational diseases,

within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

| (ii) | in relation to Tunisia, the corresponding benefits provided under the legislation of Tunisia, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision. |
| --- | --- |

(ii)

in relation to Tunisia, the corresponding benefits provided under the legislation of Tunisia, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision.

2.   Other terms used in this Decision shall have the meaning which is assigned to them:

| (a) | in relation to the Member States, in the Regulation and the implementing Regulation; |
| --- | --- |

(a)

in relation to the Member States, in the Regulation and the implementing Regulation;

| (b) | in relation to Tunisia, in the relevant legislation as applicable in Tunisia. |
| --- | --- |

(b)

in relation to Tunisia, in the relevant legislation as applicable in Tunisia.

Article 2

Persons covered

This Decision shall apply:

| (a) | to workers who are Tunisian nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors; |
| --- | --- |

(a)

to workers who are Tunisian nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

| (b) | to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State; |
| --- | --- |

(b)

to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

| (c) | to workers who are nationals of a Member State who are or have been legally employed in the territory of Tunisia and who are or have been subject to the legislation of Tunisia, and their survivors; and |
| --- | --- |

(c)

to workers who are nationals of a Member State who are or have been legally employed in the territory of Tunisia and who are or have been subject to the legislation of Tunisia, and their survivors; and

| (d) | to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Tunisia. |
| --- | --- |

(d)

to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Tunisia.

Article 3

Equality of treatment

1.   Workers who are Tunisian nationals and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.

2.   Workers who are nationals of a Member State and are legally employed in Tunisia and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to Tunisian nationals.

PART II

RELATIONS BETWEEN THE MEMBER STATES AND TUNISIA

Article 4

Waiving of residence clauses

1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing,

| (i) | for the purpose of a benefit under the legislation of a Member State, within the territory of Tunisia; or |
| --- | --- |

(i)

for the purpose of a benefit under the legislation of a Member State, within the territory of Tunisia; or

| (ii) | for the purpose of a benefit under the legislation of Tunisia, within the territory of a Member State. |
| --- | --- |

(ii)

for the purpose of a benefit under the legislation of Tunisia, within the territory of a Member State.

2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned when these family members reside within the territory of Tunisia.

3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of Tunisia when these family members reside within the territory of a Member State.

PART III

MISCELLANEOUS PROVISIONS

Article 5

Cooperation

1.   The Member States and Tunisia shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.

2.   For the purposes of this Decision, the authorities and institutions of the Member States and of Tunisia shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Tunisia may agree to certain expenses being reimbursed.

3.   The authorities and institutions of the Member States and of Tunisia may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.

4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.

5.   The persons concerned must inform the institutions of the competent Member State or Tunisia, where the latter is the competent State, and of the Member State of residence or Tunisia, where the latter is the State of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.

6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.

7.   The Member States and Tunisia may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Association Council.

Article 6

Administrative checks and medical examinations

1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.

2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in Tunisia or in Tunisia when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.

The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.

The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.

The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.

3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in Tunisia or in Tunisia when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.

The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.

The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.

4.   One or more Member States and Tunisia may agree on other administrative provisions, subject to their informing the Association Council thereof.

5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.

Article 7

Application of Article 90 of the Agreement

Article 90 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.

Article 8

Special provisions for the application of the legislation of Tunisia

The Association Council may, if necessary, lay down special provisions for the application of the legislation of Tunisia in Annex II.

Article 9

Administrative procedures from existing bilateral agreements

Administrative procedures contained in existing bilateral agreements between a Member State and Tunisia may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.

Article 10

Agreements supplementing the procedures for implementing this Decision

One or more Member States and Tunisia may conclude agreements designed to supplement the administrative procedures for implementing this Decision, especially with regard to preventing and combating fraud and error.

PART IV

TRANSITIONAL AND FINAL PROVISIONS

Article 11

Transitional provisions

1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.

2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.

3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.

4.   If a request as referred to in paragraph 3 is submitted within two years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or Tunisia concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.

5.   If a request as referred to in paragraph 3 is submitted after the expiry of the two-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or Tunisia.

Article 12

Annexes to this Decision

1.   The Annexes to this Decision constitute an integral part thereof.

2.   At the request of Tunisia, the said Annexes may be amended by a decision of the Association Council.

Article 13

Entry into force

This Decision shall enter into force on the first day of the first month following the date of its publication in the Official Journal of the European Union.

Done at ..., ...

For the Association Council

The President

---

(1)  OJ L 97, 30.3.1998, p. 2.

1

(2)  OJ L 124, 20.5.2003, p. 1.

2

(3)  OJ L 166, 30.4.2004, p. 1.

3

(4)  OJ L 284, 30.10.2009, p. 1.

4

ANNEX I

LIST OF TUNISIAN SPECIAL NON-CONTRIBUTORY CASH BENEFITS

...

ANNEX II

SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF TUNISIA

...

---

| 23.11.2010 | EN | Official Journal of the European Union | L 306/14 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/14

---

COUNCIL DECISION

of 21 October 2010

on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, with regard to the adoption of provisions on the coordination of social security systems

(2010/699/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Article 70 of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (1) (‘the Agreement’), provides that the Association Council shall adopt provisions to implement the principles on the coordination of social security systems as set out in Article 68 of the Agreement before the end of the first year following its entry into force. |
| --- | --- |

(1)

Article 70 of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (1) (‘the Agreement’), provides that the Association Council shall adopt provisions to implement the principles on the coordination of social security systems as set out in Article 68 of the Agreement before the end of the first year following its entry into force.

| (2) | In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(2)

In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

| (3) | In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application, |
| --- | --- |

(3)

In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (‘the Agreement’), concerning the implementation of Article 70 of the Agreement, shall be based on the draft decision of the Association Council attached to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 21 October 2010.

For the Council

The President

J. MILQUET

---

(1)  OJ L 265, 10.10.2005, p. 2.

1

---

Draft

DECISION No .../... OF THE ASSOCIATION COUNCIL

set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part,

of ...

with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement

THE ASSOCIATION COUNCIL,

Having regard to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (1), and in particular Article 70 thereof,

Whereas:

| (1) | Articles 68 to 71 of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (‘the Agreement’), provide for the coordination of the social security systems of Algeria and the Member States. Article 68 lays down the principles for such coordination. |
| --- | --- |

(1)

Articles 68 to 71 of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (‘the Agreement’), provide for the coordination of the social security systems of Algeria and the Member States. Article 68 lays down the principles for such coordination.

| (2) | Article 70 of the Agreement provides that the Association Council shall adopt a decision implementing the principles set out in Article 68 before the end of the first year following the entry into force of the Agreement. |
| --- | --- |

(2)

Article 70 of the Agreement provides that the Association Council shall adopt a decision implementing the principles set out in Article 68 before the end of the first year following the entry into force of the Agreement.

| (3) | With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits. |
| --- | --- |

(3)

With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits.

| (4) | In applying this Decision, the right of Algerian workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another state, for instance Algeria. |
| --- | --- |

(4)

In applying this Decision, the right of Algerian workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another state, for instance Algeria.

| (5) | Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Algerian workers in the various Member States regarding entitlement to certain benefits, as set out in Article 68(2) of the Agreement. |
| --- | --- |

(5)

Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Algerian workers in the various Member States regarding entitlement to certain benefits, as set out in Article 68(2) of the Agreement.

| (6) | It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Algeria, in order to facilitate the application of the coordination rules. |
| --- | --- |

(6)

It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Algeria, in order to facilitate the application of the coordination rules.

| (7) | To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Algeria, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Algeria as well as between the person concerned and the institution of the competent state. |
| --- | --- |

(7)

To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Algeria, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Algeria as well as between the person concerned and the institution of the competent state.

| (8) | Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force, |
| --- | --- |

(8)

Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

HAS ADOPTED THIS DECISION:

PART I

GENERAL PROVISIONS

Article 1

Definitions

1.   For the purposes of this Decision:

| (a) | ‘Agreement’ means the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part; |
| --- | --- |

(a)

‘Agreement’ means the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part;

| (b) | ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union; |
| --- | --- |

(b)

‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union;

| (c) | ‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4); |
| --- | --- |

(c)

‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4);

| (d) | ‘Member State’ means a Member State of the European Union; |
| --- | --- |

(d)

‘Member State’ means a Member State of the European Union;

| (e) | ‘worker’ means:






  (i) | for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation; |
| --- | --- | --- |

(e)

‘worker’ means:

(i)

for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

| (ii) | for the purposes of the legislation of Algeria, a person pursuing an activity as an employed person within the meaning of that legislation; |
| --- | --- |

(ii)

for the purposes of the legislation of Algeria, a person pursuing an activity as an employed person within the meaning of that legislation;

| (f) | ‘member of the family’ means:






  (i) | for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation; |
| --- | --- | --- |

(f)

‘member of the family’ means:

(i)

for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

| (ii) | for the purposes of the legislation of Algeria, a member of the family within the meaning of that legislation; |
| --- | --- |

(ii)

for the purposes of the legislation of Algeria, a member of the family within the meaning of that legislation;

| (g) | ‘legislation’ means:






  (i) | in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation; |
| --- | --- | --- |

(g)

‘legislation’ means:

(i)

in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation;

| (ii) | in relation to Algeria, the corresponding relevant legislation as applicable in Algeria; |
| --- | --- |

(ii)

in relation to Algeria, the corresponding relevant legislation as applicable in Algeria;

| (h) | ‘benefits’ means:






  (i) | in relation to the Member States, benefits within the meaning of Article 3 of the Regulation; |
| --- | --- | --- |

(h)

‘benefits’ means:

(i)

in relation to the Member States, benefits within the meaning of Article 3 of the Regulation;

| (ii) | in relation to Algeria, the corresponding benefits applying in Algeria; |
| --- | --- |

(ii)

in relation to Algeria, the corresponding benefits applying in Algeria;

| (i) | ‘exportable benefits’ means:






  (i) | in relation to the Member States:






  — | old-age pensions, |
| --- | --- | --- | --- |

(i)

‘exportable benefits’ means:

(i)

in relation to the Member States:

—

old-age pensions,

| — | survivors’ pensions, |
| --- | --- |

—

survivors’ pensions,

| — | pensions in respect of accidents at work and occupational diseases, |
| --- | --- |

—

pensions in respect of accidents at work and occupational diseases,

| — | invalidity pensions related to accidents at work and occupational diseases, |
| --- | --- |

—

invalidity pensions related to accidents at work and occupational diseases,

within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

| (ii) | in relation to Algeria, the corresponding benefits provided under the legislation of Algeria, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision. |
| --- | --- |

(ii)

in relation to Algeria, the corresponding benefits provided under the legislation of Algeria, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision.

2.   Other terms used in this Decision shall have the meaning which is assigned to them:

| (a) | in relation to the Member States, in the Regulation and the implementing Regulation; |
| --- | --- |

(a)

in relation to the Member States, in the Regulation and the implementing Regulation;

| (b) | in relation to Algeria, in the relevant legislation as applicable in Algeria. |
| --- | --- |

(b)

in relation to Algeria, in the relevant legislation as applicable in Algeria.

Article 2

Persons covered

This Decision shall apply:

| (a) | to workers who are Algerian nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors; |
| --- | --- |

(a)

to workers who are Algerian nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

| (b) | to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State; |
| --- | --- |

(b)

to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

| (c) | to workers who are nationals of a Member State who are or have been legally employed in the territory of Algeria and who are or have been subject to the legislation of Algeria, and their survivors; and |
| --- | --- |

(c)

to workers who are nationals of a Member State who are or have been legally employed in the territory of Algeria and who are or have been subject to the legislation of Algeria, and their survivors; and

| (d) | to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Algeria. |
| --- | --- |

(d)

to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Algeria.

Article 3

Equality of treatment

1.   Workers who are Algerian nationals and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.

2.   Workers who are nationals of a Member State and are legally employed in Algeria and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to Algerian nationals.

PART II

RELATIONS BETWEEN THE MEMBER STATES AND ALGERIA

Article 4

Waiving of Residence Clauses

1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing:

| (i) | for the purpose of a benefit under the legislation of a Member State, within the territory of Algeria; or |
| --- | --- |

(i)

for the purpose of a benefit under the legislation of a Member State, within the territory of Algeria; or

| (ii) | for the purpose of a benefit under the legislation of Algeria, within the territory of a Member State. |
| --- | --- |

(ii)

for the purpose of a benefit under the legislation of Algeria, within the territory of a Member State.

2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned when these family members reside within the territory of Algeria.

3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of Algeria when these family members reside within the territory of a Member State.

PART III

MISCELLANEOUS PROVISIONS

Article 5

Cooperation

1.   The Member States and Algeria shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.

2.   For the purposes of this Decision, the authorities and institutions of the Member States and of Algeria shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Algeria may agree to certain expenses being reimbursed.

3.   The authorities and institutions of the Member States and of Algeria may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.

4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.

5.   The persons concerned must inform the institutions of the competent Member State or Algeria, where the latter is the competent state, and of the Member State of residence or Algeria, where the latter is the state of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.

6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.

7.   The Member States and Algeria may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Association Council.

Article 6

Administrative Checks and Medical Examinations

1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.

2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in Algeria or in Algeria when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.

The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.

The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.

The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.

3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in Algeria or in Algeria when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.

The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.

The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.

4.   One or more Member States and Algeria may agree on other administrative provisions, subject to their informing the Association Council thereof.

5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.

Article 7

Application of Article 104 of the Agreement

Article 104 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.

Article 8

Special provisions for the application of the legislation of Algeria

The Association Council may, if necessary, lay down special provisions for the application of the legislation of Algeria in Annex II.

Article 9

Administrative procedures from existing bilateral agreements

Administrative procedures contained in existing bilateral agreements between a Member State and Algeria may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.

Article 10

Agreements supplementing the procedures for implementing this Decision

One or more Member States and Algeria may conclude agreements designed to supplement the administrative procedures for implementing this Decision especially with regard to preventing and combating fraud and error.

PART IV

TRANSITIONAL AND FINAL PROVISIONS

Article 11

Transitional provisions

1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.

2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.

3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.

4.   If a request as referred to in paragraph 3 is submitted within 2 years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or Algeria concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.

5.   If a request as referred to in paragraph 3 is submitted after the expiry of the 2-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or Algeria.

Article 12

Annexes to this Decision

1.   The Annexes to this Decision constitute an integral part thereof.

2.   At the request of Algeria, the Annexes may be amended by a decision of the Association Council.

Article 13

Entry into force

This Decision shall enter into force on the first day of the first month following its publication in the Official Journal of the European Union.

Done at ..., ...

For the Association Council

The President

---

(1)  OJ L 265, 10.10.2005, p. 2.

1

(2)  OJ L 124, 20.5.2003, p. 1.

2

(3)  OJ L 166, 30.4.2004, p. 1.

3

(4)  OJ L 284, 30.10.2009, p. 1.

4

ANNEX I

LIST OF ALGERIAN SPECIAL NON-CONTRIBUTORY CASH BENEFITS

...

ANNEX II

SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF ALGERIA

...

---

| 23.11.2010 | EN | Official Journal of the European Union | L 306/21 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/21

---

COUNCIL DECISION

of 21 October 2010

on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, with regard to the adoption of provisions on the coordination of social security systems

(2010/700/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Article 65 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (1) (‘the Agreement’), provides that the Association Council shall, by decision, adopt the appropriate provisions to implement the objectives set out in Article 64 of the Agreement. |
| --- | --- |

(1)

Article 65 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (1) (‘the Agreement’), provides that the Association Council shall, by decision, adopt the appropriate provisions to implement the objectives set out in Article 64 of the Agreement.

| (2) | Objective 2.3.3, first indent, of the EU-Israel Action Plan adopted by the Association Council in the context of the European Neighbourhood Policy on 11 April 2005 calls for the adoption by the Association Council of a decision implementing Article 65 of the Agreement. |
| --- | --- |

(2)

Objective 2.3.3, first indent, of the EU-Israel Action Plan adopted by the Association Council in the context of the European Neighbourhood Policy on 11 April 2005 calls for the adoption by the Association Council of a decision implementing Article 65 of the Agreement.

| (3) | In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it nor subject to its application. |
| --- | --- |

(3)

In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it nor subject to its application.

| (4) | In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application, |
| --- | --- |

(4)

In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (‘the Agreement’), concerning the implementation of Article 64 of the Agreement, shall be based on the draft decision of the Association Council attached to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 21 October 2010.

For the Council

The President

J. MILQUET

---

(1)  OJ L 147, 21.6.2000, p. 3.

1

---

Draft

DECISION No .../... OF THE ASSOCIATION COUNCIL

set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part,

of ...

with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement

THE ASSOCIATION COUNCIL,

Having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (1), and in particular Article 65 thereof,

Whereas:

| (1) | Article 64 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (‘the Agreement’), provides for the coordination of the social security systems of Israel and the Member States and lays down the principles for such coordination. |
| --- | --- |

(1)

Article 64 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (‘the Agreement’), provides for the coordination of the social security systems of Israel and the Member States and lays down the principles for such coordination.

| (2) | Article 65 of the Agreement provides that the Association Council shall adopt a decision implementing the objectives set out in Article 64. |
| --- | --- |

(2)

Article 65 of the Agreement provides that the Association Council shall adopt a decision implementing the objectives set out in Article 64.

| (3) | Objective 2.3.3, first indent, of the EU-Israel Action Plan, as adopted by the Association Council in the context of the European Neighbourhood Policy on 11 April 2005, calls for the adoption of a decision implementing Article 65 of the Agreement. |
| --- | --- |

(3)

Objective 2.3.3, first indent, of the EU-Israel Action Plan, as adopted by the Association Council in the context of the European Neighbourhood Policy on 11 April 2005, calls for the adoption of a decision implementing Article 65 of the Agreement.

| (4) | With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other Contracting Party, where such facts or events are not taken into account under the legislation of the first Contracting Party, other than the right to export certain benefits. |
| --- | --- |

(4)

With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other Contracting Party, where such facts or events are not taken into account under the legislation of the first Contracting Party, other than the right to export certain benefits.

| (5) | In applying this Decision, the right of Israeli workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another state, for instance Israel. |
| --- | --- |

(5)

In applying this Decision, the right of Israeli workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another state, for instance Israel.

| (6) | Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Israeli workers in the various Member States regarding entitlement to certain benefits, as set out in the first indent of Article 64(1) of the Agreement. |
| --- | --- |

(6)

Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Israeli workers in the various Member States regarding entitlement to certain benefits, as set out in the first indent of Article 64(1) of the Agreement.

| (7) | It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Israel, in order to facilitate the application of the coordination rules. |
| --- | --- |

(7)

It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Israel, in order to facilitate the application of the coordination rules.

| (8) | To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Israel, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Israel as well as between the person concerned and the institution of the competent state. |
| --- | --- |

(8)

To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Israel, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Israel as well as between the person concerned and the institution of the competent state.

| (9) | Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force, |
| --- | --- |

(9)

Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

HAS ADOPTED THIS DECISION:

PART I

GENERAL PROVISIONS

Article 1

Definitions

1.   For the purposes of this Decision:

| (a) | ‘Agreement’ means the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part; |
| --- | --- |

(a)

‘Agreement’ means the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part;

| (b) | ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3), as applicable in the Member States of the European Union; |
| --- | --- |

(b)

‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3), as applicable in the Member States of the European Union;

| (c) | ‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4); |
| --- | --- |

(c)

‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4);

| (d) | ‘Member State’ means a Member State of the European Union; |
| --- | --- |

(d)

‘Member State’ means a Member State of the European Union;

| (e) | ‘worker’ means:






  (i) | for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation; |
| --- | --- | --- |

(e)

‘worker’ means:

(i)

for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

| (ii) | for the purposes of the legislation of Israel, a person pursuing an activity as an employed person within the meaning of that legislation; |
| --- | --- |

(ii)

for the purposes of the legislation of Israel, a person pursuing an activity as an employed person within the meaning of that legislation;

| (f) | ‘member of the family’ means:






  (i) | for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation; |
| --- | --- | --- |

(f)

‘member of the family’ means:

(i)

for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

| (ii) | for the purposes of the legislation of Israel, a member of the family within the meaning of that legislation; |
| --- | --- |

(ii)

for the purposes of the legislation of Israel, a member of the family within the meaning of that legislation;

| (g) | ‘legislation’ means:






  (i) | in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation as applicable to the benefits covered by this Decision; |
| --- | --- | --- |

(g)

‘legislation’ means:

(i)

in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation as applicable to the benefits covered by this Decision;

| (ii) | in relation to Israel, the relevant legislation as applicable in Israel relating to the benefits covered by this Decision; |
| --- | --- |

(ii)

in relation to Israel, the relevant legislation as applicable in Israel relating to the benefits covered by this Decision;

| (h) | ‘benefits’ means:






  — | old-age pensions, |
| --- | --- | --- |

(h)

‘benefits’ means:

—

old-age pensions,

| — | survivors’ pensions, |
| --- | --- |

—

survivors’ pensions,

| — | pensions in respect of accidents at work and occupational diseases, |
| --- | --- |

—

pensions in respect of accidents at work and occupational diseases,

| — | invalidity pensions, |
| --- | --- |

—

invalidity pensions,

| — | family allowances; |
| --- | --- |

—

family allowances;

| (i) | ‘exportable benefits’ means:






  (i) | in relation to the Member States:






  — | old-age pensions, |
| --- | --- | --- | --- |

(i)

‘exportable benefits’ means:

(i)

in relation to the Member States:

—

old-age pensions,

| — | survivors’ pensions, |
| --- | --- |

—

survivors’ pensions,

| — | pensions in respect of accidents at work and occupational diseases, |
| --- | --- |

—

pensions in respect of accidents at work and occupational diseases,

| — | invalidity pensions, |
| --- | --- |

—

invalidity pensions,

within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

| (ii) | in relation to Israel, the corresponding benefits provided under the legislation of Israel, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision. |
| --- | --- |

(ii)

in relation to Israel, the corresponding benefits provided under the legislation of Israel, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision.

2.   Other terms used in this Decision shall have the meaning which is assigned to them:

| (a) | in relation to the Member States, in the Regulation and the implementing Regulation; |
| --- | --- |

(a)

in relation to the Member States, in the Regulation and the implementing Regulation;

| (b) | in relation to Israel, in the relevant legislation as applicable in Israel. |
| --- | --- |

(b)

in relation to Israel, in the relevant legislation as applicable in Israel.

Article 2

Persons covered

This Decision shall apply:

| (a) | to workers who are Israeli nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors; |
| --- | --- |

(a)

to workers who are Israeli nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

| (b) | to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State; |
| --- | --- |

(b)

to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

| (c) | to workers who are nationals of a Member State who are or have been legally employed in the territory of Israel and who are or have been subject to the legislation of Israel, and their survivors; and |
| --- | --- |

(c)

to workers who are nationals of a Member State who are or have been legally employed in the territory of Israel and who are or have been subject to the legislation of Israel, and their survivors; and

| (d) | to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Israel. |
| --- | --- |

(d)

to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Israel.

Article 3

Equality of treatment

1.   Workers who are Israeli nationals and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.

2.   Workers who are nationals of a Member State and are legally employed in Israel, and any members of their families legally residing with them, shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to Israeli nationals.

PART II

RELATIONS BETWEEN THE MEMBER STATES AND ISRAEL

Article 4

Waiving of Residence Clauses

1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing:

| (i) | for the purpose of a benefit under the legislation of a Member State, within the territory of Israel; or |
| --- | --- |

(i)

for the purpose of a benefit under the legislation of a Member State, within the territory of Israel; or

| (ii) | for the purpose of a benefit under the legislation of Israel, within the territory of a Member State. |
| --- | --- |

(ii)

for the purpose of a benefit under the legislation of Israel, within the territory of a Member State.

2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned when these family members reside within the territory of Israel.

3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of Israel when these family members reside within the territory of a Member State.

PART III

MISCELLANEOUS PROVISIONS

Article 5

Cooperation

1.   The Member States and Israel shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.

2.   For the purposes of this Decision, the authorities and institutions of the Member States and of Israel shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Israel may agree to certain expenses being reimbursed.

3.   The authorities and institutions of the Member States and of Israel may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.

4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.

5.   The persons concerned must inform the institutions of the competent Member State or Israel, where the latter is the competent state, and of the Member State of residence or Israel, where the latter is the state of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.

6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.

7.   The Member States and Israel may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Association Council.

Article 6

Administrative Checks and Medical Examinations

1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.

2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in Israel or in Israel when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.

The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.

The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.

The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.

3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in Israel or in Israel when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.

The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.

The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.

4.   One or more Member States and Israel may agree on other administrative provisions, subject to their informing the Association Council thereof.

5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.

Article 7

Application of Article 79 of the Agreement

Article 79 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.

Article 8

Special provisions for the application of the legislation of Israel

The Association Council may, if necessary, lay down special provisions for the application of the legislation of Israel in Annex II.

Article 9

Administrative procedures from existing bilateral agreements

Administrative procedures contained in existing bilateral agreements between a Member State and Israel may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.

Article 10

Agreements supplementing the procedures for implementing this Decision

One or more Member States and Israel may conclude agreements designed to supplement the administrative procedures for implementing this Decision, especially with regard to preventing and combating fraud and error.

PART IV

TRANSITIONAL AND FINAL PROVISIONS

Article 11

Transitional provisions

1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.

2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.

3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.

4.   If a request as referred to in paragraph 3 is submitted within 2 years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or Israel concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.

5.   If a request as referred to in paragraph 3 is submitted after the expiry of the 2-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or Israel.

Article 12

Annexes to this Decision

1.   The Annexes to this Decision constitute an integral part thereof.

2.   At the request of Israel, the Annexes may be amended by a decision of the Association Council.

Article 13

Entry into force

This Decision shall enter into force on the first day of the first month following its publication in the Official Journal of the European Union.

Done at ..., ...

For the Association Council

The President

---

(1)  OJ L 147, 21.6.2000, p. 3.

1

(2)  OJ L 124, 20.5.2003, p. 1.

2

(3)  OJ L 166, 30.4.2004, p. 1.

3

(4)  OJ L 284, 30.10.2009, p. 1.

4

ANNEX I

LIST OF ISRAELI SPECIAL NON-CONTRIBUTORY CASH BENEFITS

...

ANNEX II

SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF ISRAEL

...

---

| 23.11.2010 | EN | Official Journal of the European Union | L 306/28 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/28

---

COUNCIL DECISION

of 21 October 2010

on the position to be taken by the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, with regard to the adoption of provisions on the coordination of social security systems

(2010/701/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Article 46 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, on the other part (1) (the Agreement), provides that the Stabilisation and Association Council shall, by decision, adopt the appropriate provisions to implement the objectives set out in that Article. |
| --- | --- |

(1)

Article 46 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, on the other part (1) (the Agreement), provides that the Stabilisation and Association Council shall, by decision, adopt the appropriate provisions to implement the objectives set out in that Article.

| (2) | In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(2)

In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

| (3) | In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application, |
| --- | --- |

(3)

In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union within the Stabilisation and Association Council set up by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, concerning the implementation of Article 46 of the Agreement, shall be based on the draft decision of the Stabilisation and Association Council attached to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 21 October 2010.

For the Council

The President

J. MILQUET

---

(1)  OJ L 84, 20.3.2004, p. 13.

1

---

Draft

DECISION No .../... OF THE STABILISATION AND ASSOCIATION COUNCIL

established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part,

of ...

with regard to the provisions on the coordination of social security systems contained in the Stabilisation and Association Agreement

THE STABILISATION AND ASSOCIATION COUNCIL,

Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (1), and in particular Article 46 thereof,

Whereas:

| (1) | Article 46 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (the Agreement), provides for the coordination of the social security systems of the former Yugoslav Republic of Macedonia and the Member States and lays down the principles for such coordination. |
| --- | --- |

(1)

Article 46 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (the Agreement), provides for the coordination of the social security systems of the former Yugoslav Republic of Macedonia and the Member States and lays down the principles for such coordination.

| (2) | Article 46 of the Agreement provides that the Stabilisation and Association Council shall adopt a Decision for the purpose of implementing the objectives set out in that Article. |
| --- | --- |

(2)

Article 46 of the Agreement provides that the Stabilisation and Association Council shall adopt a Decision for the purpose of implementing the objectives set out in that Article.

| (3) | With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits. |
| --- | --- |

(3)

With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits.

| (4) | In applying this Decision, the right of workers with the nationality of the former Yugoslav Republic of Macedonia to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where these workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance the former Yugoslav Republic of Macedonia. |
| --- | --- |

(4)

In applying this Decision, the right of workers with the nationality of the former Yugoslav Republic of Macedonia to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where these workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance the former Yugoslav Republic of Macedonia.

| (5) | Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by workers of the former Yugoslav Republic of Macedonia in the various Member States regarding entitlement to certain benefits, as set out in the first indent of Article 46 of the Agreement. |
| --- | --- |

(5)

Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by workers of the former Yugoslav Republic of Macedonia in the various Member States regarding entitlement to certain benefits, as set out in the first indent of Article 46 of the Agreement.

| (6) | It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of the former Yugoslav Republic of Macedonia, in order to facilitate the application of the coordination rules. |
| --- | --- |

(6)

It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of the former Yugoslav Republic of Macedonia, in order to facilitate the application of the coordination rules.

| (7) | To ensure the smooth functioning of the coordination of the social security systems of the Member States and of the former Yugoslav Republic of Macedonia, it is necessary to provide for specific provisions regarding the cooperation between the Member States and the former Yugoslav Republic of Macedonia as well as between the person concerned and the institution of the competent State. |
| --- | --- |

(7)

To ensure the smooth functioning of the coordination of the social security systems of the Member States and of the former Yugoslav Republic of Macedonia, it is necessary to provide for specific provisions regarding the cooperation between the Member States and the former Yugoslav Republic of Macedonia as well as between the person concerned and the institution of the competent State.

| (8) | Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force, |
| --- | --- |

(8)

Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

HAS ADOPTED THIS DECISION:

PART I

GENERAL PROVISIONS

Article 1

Definitions

1.   For the purposes of this Decision:

| (a) | ‘Agreement’ means the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part; |
| --- | --- |

(a)

‘Agreement’ means the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part;

| (b) | ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union; |
| --- | --- |

(b)

‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union;

| (c) | ‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4); |
| --- | --- |

(c)

‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4);

| (d) | ‘Member State’ means a Member State of the European Union; |
| --- | --- |

(d)

‘Member State’ means a Member State of the European Union;

| (e) | ‘worker’ means,






  (i) | for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation; |
| --- | --- | --- |

(e)

‘worker’ means,

(i)

for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

| (ii) | for the purposes of the legislation of the former Yugoslav Republic of Macedonia, a person pursuing an activity as an employed person within the meaning of that legislation; |
| --- | --- |

(ii)

for the purposes of the legislation of the former Yugoslav Republic of Macedonia, a person pursuing an activity as an employed person within the meaning of that legislation;

| (f) | ‘member of the family’ means,






  (i) | for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation; |
| --- | --- | --- |

(f)

‘member of the family’ means,

(i)

for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

| (ii) | for the purposes of the legislation of the former Yugoslav Republic of Macedonia, a member of the family within the meaning of that legislation; |
| --- | --- |

(ii)

for the purposes of the legislation of the former Yugoslav Republic of Macedonia, a member of the family within the meaning of that legislation;

| (g) | ‘legislation’ means,






  (i) | in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation as applicable to the benefits covered by this Decision; |
| --- | --- | --- |

(g)

‘legislation’ means,

(i)

in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation as applicable to the benefits covered by this Decision;

| (ii) | in relation to the former Yugoslav Republic of Macedonia, the relevant legislation as applicable in the former Yugoslav Republic of Macedonia relating to the benefits covered by this Decision; |
| --- | --- |

(ii)

in relation to the former Yugoslav Republic of Macedonia, the relevant legislation as applicable in the former Yugoslav Republic of Macedonia relating to the benefits covered by this Decision;

| (h) | ‘benefits’ means,






  — | old-age pensions, |
| --- | --- | --- |

(h)

‘benefits’ means,

—

old-age pensions,

| — | survivors’ pensions, |
| --- | --- |

—

survivors’ pensions,

| — | pensions in respect of accidents at work and occupational diseases, |
| --- | --- |

—

pensions in respect of accidents at work and occupational diseases,

| — | invalidity pensions related to accidents at work and occupational diseases, |
| --- | --- |

—

invalidity pensions related to accidents at work and occupational diseases,

| — | family allowances; |
| --- | --- |

—

family allowances;

| (i) | ‘exportable benefits’ means,






  (i) | in relation to the Member States:






  — | old-age pensions, |
| --- | --- | --- | --- |

(i)

‘exportable benefits’ means,

(i)

in relation to the Member States:

—

old-age pensions,

| — | survivors’ pensions, |
| --- | --- |

—

survivors’ pensions,

| — | pensions in respect of accidents at work and occupational diseases, |
| --- | --- |

—

pensions in respect of accidents at work and occupational diseases,

| — | invalidity pensions related to accidents at work and occupational diseases, |
| --- | --- |

—

invalidity pensions related to accidents at work and occupational diseases,

within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

| (ii) | in relation to the former Yugoslav Republic of Macedonia, the corresponding benefits provided under the legislation of the former Yugoslav Republic of Macedonia, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision; |
| --- | --- |

(ii)

in relation to the former Yugoslav Republic of Macedonia, the corresponding benefits provided under the legislation of the former Yugoslav Republic of Macedonia, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision;

2.   Other terms used in this Decision shall have the meaning which is assigned to them:

| (a) | in relation to the Member States, in the Regulation and the implementing Regulation; |
| --- | --- |

(a)

in relation to the Member States, in the Regulation and the implementing Regulation;

| (b) | in relation to the former Yugoslav Republic of Macedonia, in the relevant legislation as applicable in the former Yugoslav Republic of Macedonia. |
| --- | --- |

(b)

in relation to the former Yugoslav Republic of Macedonia, in the relevant legislation as applicable in the former Yugoslav Republic of Macedonia.

Article 2

Persons covered

This Decision shall apply:

| (a) | to workers who are nationals of the former Yugoslav Republic of Macedonia and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors; |
| --- | --- |

(a)

to workers who are nationals of the former Yugoslav Republic of Macedonia and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

| (b) | to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State; |
| --- | --- |

(b)

to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

| (c) | to workers who are nationals of a Member State who are or have been legally employed in the territory of the former Yugoslav Republic of Macedonia and who are or have been subject to the legislation of the former Yugoslav Republic of Macedonia, and their survivors; and |
| --- | --- |

(c)

to workers who are nationals of a Member State who are or have been legally employed in the territory of the former Yugoslav Republic of Macedonia and who are or have been subject to the legislation of the former Yugoslav Republic of Macedonia, and their survivors; and

| (d) | to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in the former Yugoslav Republic of Macedonia. |
| --- | --- |

(d)

to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in the former Yugoslav Republic of Macedonia.

Article 3

Equality of treatment

1.   Workers who are nationals of the former Yugoslav Republic of Macedonia and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.

2.   Workers who are nationals of a Member State and are legally employed in the former Yugoslav Republic of Macedonia and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the former Yugoslav Republic of Macedonia.

PART II

RELATIONS BETWEEN THE MEMBER STATES AND THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

Article 4

Waiving of residence clauses

1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing,

| (i) | for the purpose of a benefit under the legislation of a Member State, within the territory of the former Yugoslav Republic of Macedonia; or |
| --- | --- |

(i)

for the purpose of a benefit under the legislation of a Member State, within the territory of the former Yugoslav Republic of Macedonia; or

| (ii) | for the purpose of a benefit under the legislation of the former Yugoslav Republic of Macedonia, within the territory of a Member State. |
| --- | --- |

(ii)

for the purpose of a benefit under the legislation of the former Yugoslav Republic of Macedonia, within the territory of a Member State.

2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned, when these family members reside within the territory of the former Yugoslav Republic of Macedonia.

3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the former Yugoslav Republic of Macedonia when these family members reside within the territory of a Member State.

PART III

MISCELLANEOUS PROVISIONS

Article 5

Cooperation

1.   The Member States and the former Yugoslav Republic of Macedonia shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.

2.   For the purposes of this Decision, the authorities and institutions of the Member States and of the former Yugoslav Republic of Macedonia shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of the former Yugoslav Republic of Macedonia may agree to certain expenses being reimbursed.

3.   The authorities and institutions of the Member States and of the former Yugoslav Republic of Macedonia may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.

4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.

5.   The persons concerned must inform the institutions of the competent Member State or the former Yugoslav Republic of Macedonia, where the latter is the competent State, and of the Member State of residence or the former Yugoslav Republic of Macedonia, where the latter is the State of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.

6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.

7.   The Member States and the former Yugoslav Republic of Macedonia may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Stabilisation and Association Council.

Article 6

Administrative checks and medical examinations

1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.

2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in the former Yugoslav Republic of Macedonia or in the former Yugoslav Republic of Macedonia when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.

The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.

The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.

The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.

3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in the former Yugoslav Republic of Macedonia or in the former Yugoslav Republic of Macedonia when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.

The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.

The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.

4.   One or more Member States and the former Yugoslav Republic of Macedonia may agree on other administrative provisions, subject to their informing the Stabilisation and Association Council thereof.

5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.

Article 7

Application of Article 118 of the Agreement

Article 118 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.

Article 8

Special provisions for the application of the legislation of the former Yugoslav Republic of Macedonia

The Stabilisation and Association Council may, if necessary, lay down special provisions for the application of the legislation of the former Yugoslav Republic of Macedonia in Annex II.

Article 9

Administrative procedures from existing bilateral agreements

Administrative procedures contained in existing bilateral agreements between a Member State and the former Yugoslav Republic of Macedonia may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.

Article 10

Agreements supplementing the procedures for implementing this Decision

One or more Member States and the former Yugoslav Republic of Macedonia may conclude agreements designed to supplement the administrative procedures for implementing this Decision, especially with regard to preventing and combating fraud and error.

PART IV

TRANSITIONAL AND FINAL PROVISIONS

Article 11

Transitional provisions

1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.

2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.

3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.

4.   If a request as referred to in paragraph 3 is submitted within two years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or the former Yugoslav Republic of Macedonia concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.

5.   If a request as referred to in paragraph 3 is submitted after the expiry of the two-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or the former Yugoslav Republic of Macedonia.

Article 12

Annexes to this Decision

1.   The Annexes to this Decision constitute an integral part thereof.

2.   At the request of the former Yugoslav Republic of Macedonia, the Annexes may be amended by a decision of the Stabilisation and Association Council.

Article 13

Entry into force

This Decision shall enter into force on the first day of the first month following the date of its publication in the Official Journal of the European Union.

Done at ..., ...

For the Stabilisation and Association Council

The President

---

(1)  OJ L 84, 20.3.2004, p. 13.

1

(2)  OJ L 124, 20.5.2003, p. 1.

2

(3)  OJ L 166, 30.4.2004, p. 1.

3

(4)  OJ L 284, 30.10.2009, p. 1.

4

ANNEX I

LIST OF THE SPECIAL NON-CONTRIBUTORY CASH BENEFITS OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

...

ANNEX II

SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

...

---

| 23.11.2010 | EN | Official Journal of the European Union | L 306/35 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/35

---

COUNCIL DECISION

of 21 October 2010

on the position to be taken by the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, with regard to the adoption of provisions on the coordination of social security systems

(2010/702/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Article 47 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (1) (the Agreement), provides that the Stabilisation and Association Council shall, by decision, adopt the appropriate provisions to implement the objectives set out in that Article. |
| --- | --- |

(1)

Article 47 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (1) (the Agreement), provides that the Stabilisation and Association Council shall, by decision, adopt the appropriate provisions to implement the objectives set out in that Article.

| (2) | In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(2)

In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

| (3) | In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application, |
| --- | --- |

(3)

In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union within the Stabilisation and Association Council set up by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, concerning the implementation of Article 47 of the Agreement shall be based on the draft decision of the Stabilisation and Association Council attached to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 21 October 2010.

For the Council

The President

J. MILQUET

---

(1)  OJ L 26, 28.1.2005, p. 3.

1

---

Draft

DECISION No .../... OF THE STABILISATION AND ASSOCIATION COUNCIL

established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part,

of ...

with regard to the provisions on the coordination of social security systems contained in the Stabilisation and Association Agreement

THE STABILISATION AND ASSOCIATION COUNCIL,

Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (1), and in particular Article 47 thereof,

Whereas:

| (1) | Article 47 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (the Agreement), provides for the coordination of the social security systems of Croatia and the Member States and lays down the principles for such coordination. |
| --- | --- |

(1)

Article 47 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (the Agreement), provides for the coordination of the social security systems of Croatia and the Member States and lays down the principles for such coordination.

| (2) | Article 47 of the Agreement provides that the Stabilisation and Association Council shall adopt a Decision for the purpose of implementing the objectives set out in that Article. |
| --- | --- |

(2)

Article 47 of the Agreement provides that the Stabilisation and Association Council shall adopt a Decision for the purpose of implementing the objectives set out in that Article.

| (3) | With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other Contracting Party, where such facts or events are not taken into account under the legislation of the first Contracting Party, other than the right to export certain benefits. |
| --- | --- |

(3)

With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other Contracting Party, where such facts or events are not taken into account under the legislation of the first Contracting Party, other than the right to export certain benefits.

| (4) | In applying this Decision, the right of Croatian workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance Croatia. |
| --- | --- |

(4)

In applying this Decision, the right of Croatian workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance Croatia.

| (5) | Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Croatian workers in the various Member States regarding entitlement to certain benefits, as set out in the first indent of Article 47(1) of the Agreement. |
| --- | --- |

(5)

Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Croatian workers in the various Member States regarding entitlement to certain benefits, as set out in the first indent of Article 47(1) of the Agreement.

| (6) | It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Croatia, in order to facilitate the application of the coordination rules. |
| --- | --- |

(6)

It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Croatia, in order to facilitate the application of the coordination rules.

| (7) | To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Croatia, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Croatia as well as between the person concerned and the institution of the competent State. |
| --- | --- |

(7)

To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Croatia, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Croatia as well as between the person concerned and the institution of the competent State.

| (8) | Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force, |
| --- | --- |

(8)

Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

HAS ADOPTED THIS DECISION:

PART I

GENERAL PROVISIONS

Article 1

Definitions

1.   For the purposes of this Decision:

| (a) | ‘Agreement’ means the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part; |
| --- | --- |

(a)

‘Agreement’ means the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part;

| (b) | ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union; |
| --- | --- |

(b)

‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union;

| (c) | ‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4); |
| --- | --- |

(c)

‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4);

| (d) | ‘Member State’ means a Member State of the European Union; |
| --- | --- |

(d)

‘Member State’ means a Member State of the European Union;

| (e) | ‘worker’ means,






  (i) | for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation; |
| --- | --- | --- |

(e)

‘worker’ means,

(i)

for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

| (ii) | for the purposes of the legislation of Croatia, a person pursuing an activity as an employed person within the meaning of that legislation; |
| --- | --- |

(ii)

for the purposes of the legislation of Croatia, a person pursuing an activity as an employed person within the meaning of that legislation;

| (f) | ‘member of the family’ means,






  (i) | for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation; |
| --- | --- | --- |

(f)

‘member of the family’ means,

(i)

for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

| (ii) | for the purposes of the legislation of Croatia, a member of the family within the meaning of that legislation; |
| --- | --- |

(ii)

for the purposes of the legislation of Croatia, a member of the family within the meaning of that legislation;

| (g) | ‘legislation’ means,






  (i) | in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation as applicable to the benefits covered by this Decision; |
| --- | --- | --- |

(g)

‘legislation’ means,

(i)

in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation as applicable to the benefits covered by this Decision;

| (ii) | in relation to Croatia, the relevant legislation as applicable in Croatia relating to the benefits covered by this Decision; |
| --- | --- |

(ii)

in relation to Croatia, the relevant legislation as applicable in Croatia relating to the benefits covered by this Decision;

| (h) | ‘benefits’ means,






  — | old-age pensions, |
| --- | --- | --- |

(h)

‘benefits’ means,

—

old-age pensions,

| — | survivors’ pensions, |
| --- | --- |

—

survivors’ pensions,

| — | pensions in respect of accidents at work and occupational diseases, |
| --- | --- |

—

pensions in respect of accidents at work and occupational diseases,

| — | invalidity pensions related to accidents at work and occupational diseases, |
| --- | --- |

—

invalidity pensions related to accidents at work and occupational diseases,

| — | family allowances; |
| --- | --- |

—

family allowances;

| (i) | ‘exportable benefits’ means,






  (i) | in relation to the Member States:






  — | old-age pensions, |
| --- | --- | --- | --- |

(i)

‘exportable benefits’ means,

(i)

in relation to the Member States:

—

old-age pensions,

| — | survivors’ pensions, |
| --- | --- |

—

survivors’ pensions,

| — | pensions in respect of accidents at work and occupational diseases, |
| --- | --- |

—

pensions in respect of accidents at work and occupational diseases,

| — | invalidity pensions related to accidents at work and occupational diseases, |
| --- | --- |

—

invalidity pensions related to accidents at work and occupational diseases,

within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

| (ii) | in relation to Croatia, the corresponding benefits provided under the legislation of Croatia, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision; |
| --- | --- |

(ii)

in relation to Croatia, the corresponding benefits provided under the legislation of Croatia, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision;

2.   Other terms used in this Decision shall have the meaning which is assigned to them:

| (a) | in relation to the Member States, in the Regulation and the implementing Regulation; |
| --- | --- |

(a)

in relation to the Member States, in the Regulation and the implementing Regulation;

| (b) | in relation to Croatia, in the relevant legislation as applicable in Croatia. |
| --- | --- |

(b)

in relation to Croatia, in the relevant legislation as applicable in Croatia.

Article 2

Persons covered

This Decision shall apply:

| (a) | to workers who are Croatian nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors; |
| --- | --- |

(a)

to workers who are Croatian nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

| (b) | to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State; |
| --- | --- |

(b)

to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

| (c) | to workers who are nationals of a Member State who are or have been legally employed in the territory of Croatia and who are or have been subject to the legislation of Croatia, and their survivors; and |
| --- | --- |

(c)

to workers who are nationals of a Member State who are or have been legally employed in the territory of Croatia and who are or have been subject to the legislation of Croatia, and their survivors; and

| (d) | to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Croatia. |
| --- | --- |

(d)

to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Croatia.

Article 3

Equality of treatment

1.   Workers who are Croatian nationals and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.

2.   Workers who are nationals of a Member State and are legally employed in Croatia and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to Croatian nationals.

PART II

RELATIONS BETWEEN THE MEMBER STATES AND CROATIA

Article 4

Waiving of residence clauses

1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing,

| (i) | for the purpose of a benefit under the legislation of a Member State, within the territory of Croatia; or |
| --- | --- |

(i)

for the purpose of a benefit under the legislation of a Member State, within the territory of Croatia; or

| (ii) | for the purpose of a benefit under the legislation of Croatia, within the territory of a Member State. |
| --- | --- |

(ii)

for the purpose of a benefit under the legislation of Croatia, within the territory of a Member State.

2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned when these family members reside within the territory of Croatia.

3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of Croatia when these family members reside within the territory of a Member State.

PART III

MISCELLANEOUS PROVISIONS

Article 5

Cooperation

1.   The Member States and Croatia shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.

2.   For the purposes of this Decision, the authorities and institutions of the Member States and of Croatia shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Croatia may agree to certain expenses being reimbursed.

3.   The authorities and institutions of the Member States and of Croatia may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.

4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.

5.   The persons concerned must inform the institutions of the competent Member State or Croatia, where the latter is the competent State, and of the Member State of residence or Croatia, where the latter is State of the residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.

6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.

7.   The Member States and Croatia may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Stabilisation and Association Council.

Article 6

Administrative checks and medical examinations

1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.

2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in Croatia or in Croatia when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.

The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.

The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.

The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.

3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in Croatia or in Croatia when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.

The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.

The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.

4.   One or more Member States and Croatia may agree on other administrative provisions, subject to their informing the Stabilisation and Association Council thereof.

5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.

Article 7

Application of Article 120 of the Agreement

Article 120 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.

Article 8

Special provisions for the application of the legislation of Croatia

The Stabilisation and Association Council may, if necessary, lay down special provisions for the application of the legislation of Croatia in Annex II.

Article 9

Administrative procedures from existing bilateral agreements

Administrative procedures contained in existing bilateral agreements between a Member State and Croatia may continue to apply provided that these procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.

Article 10

Agreements supplementing the procedures for implementing this Decision

One or more Member States and Croatia may conclude agreements designed to supplement the administrative procedures for implementing this Decision, especially with regard to preventing and combating fraud and error.

PART IV

TRANSITIONAL AND FINAL PROVISIONS

Article 11

Transitional provisions

1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.

2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.

3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.

4.   If a request as referred to in paragraph 3 is submitted within two years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or Croatia concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.

5.   If a request as referred to in paragraph 3 is submitted after the expiry of the two-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or Croatia.

Article 12

Annexes to this Decision

1.   The Annexes to this Decision constitute an integral part thereof.

2.   At the request of Croatia, the Annexes may be amended by a decision of the Stabilisation and Association Council.

Article 13

Entry into force

This Decision shall enter into force on the first day of the first month following the date of its publication in the Official Journal of the European Union.

Done at ..., ...

For the Stabilisation and Association Council

The President

---

(1)  OJ L 26, 28.1.2005, p. 3.

1

(2)  OJ L 124, 20.5.2003, p. 1.

2

(3)  OJ L 166, 30.4.2004, p. 1.

3

(4)  OJ L 284, 30.10.2009, p. 1.

4

ANNEX I

LIST OF CROATIAN SPECIAL NON-CONTRIBUTORY CASH BENEFITS

...

ANNEX II

SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF CROATIA

...

---

REGULATIONS

| 23.11.2010 | EN | Official Journal of the European Union | L 306/42 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/42

---

COMMISSION REGULATION (EU) No 1070/2010

of 22 November 2010

amending Directive 2008/38/EC by adding to the list of intended uses as a particular nutritional purpose the support of the metabolism of the joints in the case of osteoarthritis in dogs and cats

(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 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (1), and in particular Article 10(5) thereof,

Whereas:

| (1) | In accordance with Article 10 of Regulation (EC) No 767/2009 the Commission received an application to add the particular nutritional purpose ‘support of the joint function in the case of osteoarthritis’ as regards dogs and cats to the list of intended uses of feed intended for particular nutritional purposes in Part B of Annex I to Commission Directive 2008/38/EC of 5 March 2008 establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes (2). The Commission made the application, including the dossier, available to the Member States. |
| --- | --- |

(1)

In accordance with Article 10 of Regulation (EC) No 767/2009 the Commission received an application to add the particular nutritional purpose ‘support of the joint function in the case of osteoarthritis’ as regards dogs and cats to the list of intended uses of feed intended for particular nutritional purposes in Part B of Annex I to Commission Directive 2008/38/EC of 5 March 2008 establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes (2). The Commission made the application, including the dossier, available to the Member States.

| (2) | The dossier included in the application demonstrates that the specific composition of the feed fulfils the particular intended nutritional purpose and that it has no adverse effects on animal health, human health, the environment or animal welfare. The application is therefore valid and the particular nutritional purpose ‘support of the metabolism of the joints in the case of osteoarthritis’ as regards dogs and cats should be added to the list of intended uses. |
| --- | --- |

(2)

The dossier included in the application demonstrates that the specific composition of the feed fulfils the particular intended nutritional purpose and that it has no adverse effects on animal health, human health, the environment or animal welfare. The application is therefore valid and the particular nutritional purpose ‘support of the metabolism of the joints in the case of osteoarthritis’ as regards dogs and cats should be added to the list of intended uses.

| (3) | Directive 2008/38/EC should therefore be amended accordingly. |
| --- | --- |

(3)

Directive 2008/38/EC should therefore be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Directive 2008/38/EC is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

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

Done at Brussels, 22 November 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  OJ L 229, 1.9.2009, p. 1.

1

(2)  OJ L 62, 6.3.2008, p. 9.

2

---

ANNEX

In Part B of Annex I to Directive 2008/38/EC, the following row is inserted between the row of the particular nutritional purpose ‘Support of skin function in the case of dermatosis and excessive loss of hair’ and the row of the particular nutritional purpose ‘Reduction of the risk of milk fever’:

| Particular nutritional purpose | Essential nutritional characteristics | Species or category of animal | Labelling declarations | Recommended length of time for use | Other provisions |
| --- | --- | --- | --- | --- | --- |
| ‘Support of the metabolism of joints in the case of osteoarthritis | Dogs: | Minimum dry matter content of total omega-3 fatty acids 3,3 % and of eicosapentaenoic acid (EPA) 0,38 %. |

Particular nutritional purpose

Essential nutritional characteristics

Species or category of animal

Labelling declarations

Recommended length of time for use

Other provisions

‘Support of the metabolism of joints in the case of osteoarthritis

Dogs:

Minimum dry matter content of total omega-3 fatty acids 3,3 % and of eicosapentaenoic acid (EPA) 0,38 %.

| | Adequate level of vitamin E. |
| --- | --- |

Adequate level of vitamin E.

Cats:

| | Minimum dry matter content of total omega-3 fatty acids 1,2 % and of docosahexaenoic acid (DHA) 0,28 %. |
| --- | --- |

Minimum dry matter content of total omega-3 fatty acids 1,2 % and of docosahexaenoic acid (DHA) 0,28 %.

| | Increased levels of methionine and manganese. |
| --- | --- |

Increased levels of methionine and manganese.

| | Adequate level of vitamin E. |
| --- | --- |

Adequate level of vitamin E.

Dogs and cats

Dogs:

| — | Total omega-3 fatty acids |
| --- | --- |

—

Total omega-3 fatty acids

| — | Total EPA |
| --- | --- |

—

Total EPA

| — | Total vitamin E |
| --- | --- |

—

Total vitamin E

Cats:

| — | Total omega-3 fatty acids |
| --- | --- |

—

Total omega-3 fatty acids

| — | Total DHA |
| --- | --- |

—

Total DHA

| — | Total methionine |
| --- | --- |

—

Total methionine

| — | Total manganese |
| --- | --- |

—

Total manganese

| — | Total vitamin E |
| --- | --- |

—

Total vitamin E

Initially up to 3 months

It is recommended that a veterinary surgeon’s opinion be sought before use or before extending the period of use.’

---

| 23.11.2010 | EN | Official Journal of the European Union | L 306/44 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/44

---

COMMISSION REGULATION (EU) No 1071/2010

of 22 November 2010

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

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

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

Whereas:

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

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

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

(5)

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

| (6) | The Air Safety Committee has heard presentations by the European Aviation Safety Agency and by the Commission on the main operational conclusions agreed in the course of the last meeting of the European SAFA Steering Group (ESSG) held in Vienna on the 28 and 29 October 2010. In particular, it has been informed about the endorsement by the ESSG of the introduction on a voluntary basis of a minimum annual quota of inspections to be carried out by Member States as of 2011. |
| --- | --- |

(6)

The Air Safety Committee has heard presentations by the European Aviation Safety Agency and by the Commission on the main operational conclusions agreed in the course of the last meeting of the European SAFA Steering Group (ESSG) held in Vienna on the 28 and 29 October 2010. In particular, it has been informed about the endorsement by the ESSG of the introduction on a voluntary basis of a minimum annual quota of inspections to be carried out by Member States as of 2011.

| (7) | The Air Safety Committee has heard presentations on the analysis of reports of comprehensive safety audits carried out by the International Civil Aviation Organisation (ICAO) in the framework of the Universal Safety Oversight Audit Programme (USOAP) and on the results of cooperation activities between the Commission and ICAO in the areas of safety and in particular on the possibilities to the exchange safety information regarding the level of compliance with international safety standards and recommended practices. |
| --- | --- |

(7)

The Air Safety Committee has heard presentations on the analysis of reports of comprehensive safety audits carried out by the International Civil Aviation Organisation (ICAO) in the framework of the Universal Safety Oversight Audit Programme (USOAP) and on the results of cooperation activities between the Commission and ICAO in the areas of safety and in particular on the possibilities to the exchange safety information regarding the level of compliance with international safety standards and recommended practices.

| (8) | Following the conclusions of ICAO general assembly, the Commission mandated the European Aviation Safety Agency (EASA) to coordinate the regular analysis of the reports of comprehensive safety audits carried out by the International Civil Aviation Organisation (ICAO) in the framework of the Universal Safety Oversight Audit Programme (USOAP) carried out with experts of Member States in the framework of a working group set up by the Air Safety Committee. Member States are invited to nominate experts to contribute to this important task. |
| --- | --- |

(8)

Following the conclusions of ICAO general assembly, the Commission mandated the European Aviation Safety Agency (EASA) to coordinate the regular analysis of the reports of comprehensive safety audits carried out by the International Civil Aviation Organisation (ICAO) in the framework of the Universal Safety Oversight Audit Programme (USOAP) carried out with experts of Member States in the framework of a working group set up by the Air Safety Committee. Member States are invited to nominate experts to contribute to this important task.

| (9) | The Air Safety Committee has heard presentations by the European Aviation Safety Agency (EASA) and the Commission about the technical assistance projects carried out in the countries affected by Regulation (EC) No 2111/2005. It has been informed about the requests for further technical assistance and cooperation to improve the administrative and technical capability of civil aviation authorities with a view to resolving any non-compliance with applicable international standards. |
| --- | --- |

(9)

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

| (10) | The Air Safety Committee has also been informed about enforcement actions taken by EASA and Member States to ensure the continuing airworthiness and maintenance of aircraft registered in the Union and operated by air carriers certified by civil aviation authorities of third countries. |
| --- | --- |

(10)

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

| (11) | Regulation (EC) No 474/2006 should be therefore amended accordingly, |
| --- | --- |

(11)

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

| (12) | Following information resulting from SAFA ramp checks carried out on aircraft of certain Union air carriers, as well as area specific inspections and audits carried out by their national aviation authorities, some Member States have taken certain enforcement measures. They informed the Commission and the Air Safety Committee about these measures: Greece informed about the revocation of the Air Operator Certificate (AOC) and of the operating license of Hellas Jet on 2 November 2010 following the stop of operations on 30 April 2010. Germany informed about the suspension of the AOC of the air carrier ACH Hamburg on 27 October 2010 and about the limitation of the AOC of the air carrier Advance Air Luftfahrtgesellschaft on 30 September 2010 to exclude an aircraft with registration mark D-CJJJ. Spain confirmed that the AOC of Baleares Link Express continues to be suspended since 9 June 2010; Sweden informed that the AOC of Viking Airlines AB was suspended on 29 October 2010. |
| --- | --- |

(12)

Following information resulting from SAFA ramp checks carried out on aircraft of certain Union air carriers, as well as area specific inspections and audits carried out by their national aviation authorities, some Member States have taken certain enforcement measures. They informed the Commission and the Air Safety Committee about these measures: Greece informed about the revocation of the Air Operator Certificate (AOC) and of the operating license of Hellas Jet on 2 November 2010 following the stop of operations on 30 April 2010. Germany informed about the suspension of the AOC of the air carrier ACH Hamburg on 27 October 2010 and about the limitation of the AOC of the air carrier Advance Air Luftfahrtgesellschaft on 30 September 2010 to exclude an aircraft with registration mark D-CJJJ. Spain confirmed that the AOC of Baleares Link Express continues to be suspended since 9 June 2010; Sweden informed that the AOC of Viking Airlines AB was suspended on 29 October 2010.

| (13) | Portugal informed that following serious concerns about the safety of operation and the continuing airworthiness of aircraft operated by two Portuguese air carriers – Luzair and White and consultations with the Commission held on 25 October 2010, they decided to increase the continuing oversight of these carriers to ensure adequate corrective action plan are timely implemented by these. Portugal informed the Air Safety Committee about some improvement of the performance of the air carrier White. The Commission took note of the announced measures. A standardisation inspection will be carried out in Portugal by EASA in the framework of Regulation (EC) No 216/2008. The Air Safety Committee will be informed as appropriate about the results of this visit at its next meeting. |
| --- | --- |

(13)

Portugal informed that following serious concerns about the safety of operation and the continuing airworthiness of aircraft operated by two Portuguese air carriers – Luzair and White and consultations with the Commission held on 25 October 2010, they decided to increase the continuing oversight of these carriers to ensure adequate corrective action plan are timely implemented by these. Portugal informed the Air Safety Committee about some improvement of the performance of the air carrier White. The Commission took note of the announced measures. A standardisation inspection will be carried out in Portugal by EASA in the framework of Regulation (EC) No 216/2008. The Air Safety Committee will be informed as appropriate about the results of this visit at its next meeting.

| (14) | There is verified evidence of safety deficiencies on the part of Kam Air certified in the Islamic Republic of Afghanistan. On 11 August 2010 a Kam Air aircraft of type DC8, registration YA-VIC, struck its tail on the runway and the grass surface beyond the runway before becoming airborne during take-off from Manston Airport (United Kingdom). Investigations of this serious incident by the United Kingdom concluded that there were serious deficiencies with the operational control of the DC8 fleet of Kam Air. The United Kingdom therefore imposed a national ban on Kam Air DC 8 operations as of 2 September 2010. |
| --- | --- |

(14)

There is verified evidence of safety deficiencies on the part of Kam Air certified in the Islamic Republic of Afghanistan. On 11 August 2010 a Kam Air aircraft of type DC8, registration YA-VIC, struck its tail on the runway and the grass surface beyond the runway before becoming airborne during take-off from Manston Airport (United Kingdom). Investigations of this serious incident by the United Kingdom concluded that there were serious deficiencies with the operational control of the DC8 fleet of Kam Air. The United Kingdom therefore imposed a national ban on Kam Air DC 8 operations as of 2 September 2010.

| (15) | Furthermore, the Competent Authorities of Austria detected a significant number of serious safety deficiencies during a SAFA ramp inspection of a Kam Air aircraft of type Boeing B767, registration number YA-KAM, on 16 September 2010 (4). The results of this SAFA ramp inspection lead Austria to conclude that there were serious failures on the part of Kam Air in the areas of operational procedures, equipment, system handling and cargo loading. In view of the deficiencies identified during the investigation in the United Kingdom and the convergence of these deficiencies with those detected during the SAFA ramp inspection performed at Vienna airport, Austria imposed a national ban on all Kam Air operations as from 17 September 2010. |
| --- | --- |

(15)

Furthermore, the Competent Authorities of Austria detected a significant number of serious safety deficiencies during a SAFA ramp inspection of a Kam Air aircraft of type Boeing B767, registration number YA-KAM, on 16 September 2010 (4). The results of this SAFA ramp inspection lead Austria to conclude that there were serious failures on the part of Kam Air in the areas of operational procedures, equipment, system handling and cargo loading. In view of the deficiencies identified during the investigation in the United Kingdom and the convergence of these deficiencies with those detected during the SAFA ramp inspection performed at Vienna airport, Austria imposed a national ban on all Kam Air operations as from 17 September 2010.

| (16) | Pursuant to Article 6 of Regulation No 2111/2005 the Air Safety Committee was informed of the measures decided by the two Member States. |
| --- | --- |

(16)

Pursuant to Article 6 of Regulation No 2111/2005 the Air Safety Committee was informed of the measures decided by the two Member States.

| (17) | On 6 October 2010 the Competent Authorities of the Islamic Republic of Afghanistan (MoTCA) and representatives from Kam Air met with the Commission and representatives from Member States to discuss the circumstances surrounding the Manston incident and the SAFA inspection in Austria. |
| --- | --- |

(17)

On 6 October 2010 the Competent Authorities of the Islamic Republic of Afghanistan (MoTCA) and representatives from Kam Air met with the Commission and representatives from Member States to discuss the circumstances surrounding the Manston incident and the SAFA inspection in Austria.

| (18) | At the meeting the air carrier was unable to demonstrate that it is capable of complying with the relevant international safety standards. As regards the aircraft of type DC8, it had been introduced into service in March 2010 without adequate management oversight and without any adequate training given to the crews recruited to operate the aircraft. Furthermore, these crews had yet to complete the relevant training even though the aircraft continued to be used for international commercial flights. In addition, the air carrier did not provide any evidence that the flight crew were current in their flying duties at the time of the serious incident in the United Kingdom. As regards the aircraft of type Boeing B-767, Kam Air explained that the aircraft with registration mark YA-KAM which was subject to the ramp inspection in Austria, was on its first flight after having been parked for a long period, and had not been adequately prepared for operation before being employed on the flight to Vienna. Furthermore, the air carrier explained that, because of the introduction of the DC8, their management resources had been overstretched and had been unable to ensure the correct safety activities were conducted prior to the dispatch of the aircraft. |
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(18)

At the meeting the air carrier was unable to demonstrate that it is capable of complying with the relevant international safety standards. As regards the aircraft of type DC8, it had been introduced into service in March 2010 without adequate management oversight and without any adequate training given to the crews recruited to operate the aircraft. Furthermore, these crews had yet to complete the relevant training even though the aircraft continued to be used for international commercial flights. In addition, the air carrier did not provide any evidence that the flight crew were current in their flying duties at the time of the serious incident in the United Kingdom. As regards the aircraft of type Boeing B-767, Kam Air explained that the aircraft with registration mark YA-KAM which was subject to the ramp inspection in Austria, was on its first flight after having been parked for a long period, and had not been adequately prepared for operation before being employed on the flight to Vienna. Furthermore, the air carrier explained that, because of the introduction of the DC8, their management resources had been overstretched and had been unable to ensure the correct safety activities were conducted prior to the dispatch of the aircraft.

| (19) | The air carrier Kam Air requested to be heard by the Air Safety Committee and made a presentation on 9 November 2010. Kam Air informed the Committee that it no longer operated the aircraft of type DC 8. Also, whilst Kam Air had reviewed the events leading to the bans by the United Kingdom and Austria, it failed to identify any systemic deficiencies within the air carrier which would explain the identified non-compliances with ICAO Standards. |
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(19)

The air carrier Kam Air requested to be heard by the Air Safety Committee and made a presentation on 9 November 2010. Kam Air informed the Committee that it no longer operated the aircraft of type DC 8. Also, whilst Kam Air had reviewed the events leading to the bans by the United Kingdom and Austria, it failed to identify any systemic deficiencies within the air carrier which would explain the identified non-compliances with ICAO Standards.

| (20) | At the meeting on 6 October 2010, the MoTCA were unable to explain the existence of two different Operations Specifications for Kam Air signed on the same day (29 September 2010) one of which showed the DC8 and the other which had the DC8 removed. It was therefore unclear whether Kam Air was approved to conduct operations with aircraft of type DC8 from that date. Furthermore, MoTCA was not able to demonstrate the results of any certification and surveillance activities carried out on Kam Air. |
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(20)

At the meeting on 6 October 2010, the MoTCA were unable to explain the existence of two different Operations Specifications for Kam Air signed on the same day (29 September 2010) one of which showed the DC8 and the other which had the DC8 removed. It was therefore unclear whether Kam Air was approved to conduct operations with aircraft of type DC8 from that date. Furthermore, MoTCA was not able to demonstrate the results of any certification and surveillance activities carried out on Kam Air.

| (21) | In view of these findings, on the basis of the common criteria it is assessed that the air carrier Kam Air does not comply with the common criteria and should be therefore placed on Annex A. |
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(21)

In view of these findings, on the basis of the common criteria it is assessed that the air carrier Kam Air does not comply with the common criteria and should be therefore placed on Annex A.

| (22) | There is verified evidence that the competent authorities of the Islamic Republic of Afghanistan are currently not capable to implement and enforce the relevant safety standards and to oversee the aircraft used by the air carriers under its regulatory authority in accordance with its obligations under the Chicago Convention. As presented by MoTCA on 6 October 2010, the authority has currently considerable difficulties to comply with its international obligations in all critical elements of a safety system. It is currently totally reliant on the expertise provided by ICAO to conduct inspections, and stated that, because of that lack of qualified staff, it had issued Certificates of Airworthiness to some aircraft without conducting the relevant inspections. In addition, primary legislation concerning aircraft operations was outdated (1972); a draft law had been submitted to the Government for approval without any indication of date of adoption. Furthermore operational regulations had only non-binding nature (advisory circulars). |
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(22)

There is verified evidence that the competent authorities of the Islamic Republic of Afghanistan are currently not capable to implement and enforce the relevant safety standards and to oversee the aircraft used by the air carriers under its regulatory authority in accordance with its obligations under the Chicago Convention. As presented by MoTCA on 6 October 2010, the authority has currently considerable difficulties to comply with its international obligations in all critical elements of a safety system. It is currently totally reliant on the expertise provided by ICAO to conduct inspections, and stated that, because of that lack of qualified staff, it had issued Certificates of Airworthiness to some aircraft without conducting the relevant inspections. In addition, primary legislation concerning aircraft operations was outdated (1972); a draft law had been submitted to the Government for approval without any indication of date of adoption. Furthermore operational regulations had only non-binding nature (advisory circulars).

| (23) | The MoTCA requested to be heard by the Air Safety Committee and made a presentation on 9 November 2010. They accepted that their oversight to date had not adequately ensured that ICAO Standards were met by the air carriers certified in Afghanistan. However, the MoTCA informed the Committee that they had decided to refrain from issuing any further Air Operator Certificates, that they had changed the management structure within the MoTCA and that they had banned the operation of aircraft of type AN 24. In addition, a new set of Aviation Regulations had just been introduced into law and MoTCA were preparing to re-certify all air carriers in Afghanistan to these new Regulations. |
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(23)

The MoTCA requested to be heard by the Air Safety Committee and made a presentation on 9 November 2010. They accepted that their oversight to date had not adequately ensured that ICAO Standards were met by the air carriers certified in Afghanistan. However, the MoTCA informed the Committee that they had decided to refrain from issuing any further Air Operator Certificates, that they had changed the management structure within the MoTCA and that they had banned the operation of aircraft of type AN 24. In addition, a new set of Aviation Regulations had just been introduced into law and MoTCA were preparing to re-certify all air carriers in Afghanistan to these new Regulations.

| (24) | The Commission noted the extremely difficult conditions that the MoTCA were operating under, and welcomed the commitment by the competent authority to improve the situation in the future. However, the Commission noted that, at present, the MoTCA is unable to discharge correctly its responsibilities as certification authority and to ensure that their international carriers comply with the international safety standards. |
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(24)

The Commission noted the extremely difficult conditions that the MoTCA were operating under, and welcomed the commitment by the competent authority to improve the situation in the future. However, the Commission noted that, at present, the MoTCA is unable to discharge correctly its responsibilities as certification authority and to ensure that their international carriers comply with the international safety standards.

| (25) | In view of these findings, on the basis of the common criteria, it is assessed that all air carriers certified in the Islamic Republic of Afghanistan should be placed in Annex A. |
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(25)

In view of these findings, on the basis of the common criteria, it is assessed that all air carriers certified in the Islamic Republic of Afghanistan should be placed in Annex A.

| (26) | Following the measures imposed by Regulation (EU) No 791/2010 of 6 September 2010 (5) on two air carriers certified in Ghana – Meridian Airways and Airlift International (GH) Ltd, the competent authorities of the Republic of Ghana (GCAA) requested to be heard at the Air Safety Committee and did so on 10 November 2010. |
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(26)

Following the measures imposed by Regulation (EU) No 791/2010 of 6 September 2010 (5) on two air carriers certified in Ghana – Meridian Airways and Airlift International (GH) Ltd, the competent authorities of the Republic of Ghana (GCAA) requested to be heard at the Air Safety Committee and did so on 10 November 2010.

| (27) | During their presentation, the GCAA detailed the actions taken to date to address the shortcomings identified with Meridian Airways, Air Charter Express and Airlift International, and described the improvements they were putting in place to the oversight regime in Ghana, including the requirement that all air carriers certified in Ghana should conduct their activities in Ghana. The GCAA also informed the Committee that it had conducted an inspection of aircraft of type DC 8, registration 9G-RAC operated by Airlift International and confirmed that the non-compliances identified by the United Kingdom had been addressed. |
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(27)

During their presentation, the GCAA detailed the actions taken to date to address the shortcomings identified with Meridian Airways, Air Charter Express and Airlift International, and described the improvements they were putting in place to the oversight regime in Ghana, including the requirement that all air carriers certified in Ghana should conduct their activities in Ghana. The GCAA also informed the Committee that it had conducted an inspection of aircraft of type DC 8, registration 9G-RAC operated by Airlift International and confirmed that the non-compliances identified by the United Kingdom had been addressed.

| (28) | The Commission noted the willingness of the GCAA to address the shortcomings in their oversight by the investment in additional resources, and welcomed the decision to require air carriers certified in Ghana to relocate to Ghana and to maintain their principal place of business in Ghana to enable the CAA to ensure proper oversight. In an effort to support the work of the GCAA in achieving improvements to their oversight system, the Commission has requested the European Aviation Safety Agency to provide technical assistance by means of a visit during the early part of 2011. |
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(28)

The Commission noted the willingness of the GCAA to address the shortcomings in their oversight by the investment in additional resources, and welcomed the decision to require air carriers certified in Ghana to relocate to Ghana and to maintain their principal place of business in Ghana to enable the CAA to ensure proper oversight. In an effort to support the work of the GCAA in achieving improvements to their oversight system, the Commission has requested the European Aviation Safety Agency to provide technical assistance by means of a visit during the early part of 2011.

| (29) | The air carrier Airlift International (GH) Ltd requested to be heard by the Air Safety Committee and made a presentation on 10 November 2010. The air carrier presented the improvements made in their organisational structure, policy and procedures, resources and regulatory compliance. The air carrier confirmed that aircraft 9G-SIM and 9G-FAB remain in storage awaiting decisions on maintenance action to restore their airworthiness before resuming operations. The air carrier concurred with the GCAA view that they had adequately addressed the faults previously identified with 9G-RAC. |
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(29)

The air carrier Airlift International (GH) Ltd requested to be heard by the Air Safety Committee and made a presentation on 10 November 2010. The air carrier presented the improvements made in their organisational structure, policy and procedures, resources and regulatory compliance. The air carrier confirmed that aircraft 9G-SIM and 9G-FAB remain in storage awaiting decisions on maintenance action to restore their airworthiness before resuming operations. The air carrier concurred with the GCAA view that they had adequately addressed the faults previously identified with 9G-RAC.

| (30) | The Commission noted the progress made by the air carrier in addressing identified safety concerns. In view of these findings, based on the common criteria, it is assessed that the aircraft of type DC8 with registration marks 9G-RAC, should be removed from Annex B and allowed to operate into the Union. |
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(30)

The Commission noted the progress made by the air carrier in addressing identified safety concerns. In view of these findings, based on the common criteria, it is assessed that the aircraft of type DC8 with registration marks 9G-RAC, should be removed from Annex B and allowed to operate into the Union.

| (31) | Member States will continue to verify the effective compliance of Airlift International with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this air carrier pursuant to Regulation (EC) No 351/2008 and the Commission will continue to closely monitor the actions taken by Airlift International. |
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(31)

Member States will continue to verify the effective compliance of Airlift International with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this air carrier pursuant to Regulation (EC) No 351/2008 and the Commission will continue to closely monitor the actions taken by Airlift International.

| (32) | There is verified evidence of safety deficiencies on the part of Air Charter Express certified in Ghana. These deficiencies have been identified by Belgium, France, the Netherlands and the United Kingdom during ramp inspections performed under the SAFA programme (6). |
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(32)

There is verified evidence of safety deficiencies on the part of Air Charter Express certified in Ghana. These deficiencies have been identified by Belgium, France, the Netherlands and the United Kingdom during ramp inspections performed under the SAFA programme (6).

| (33) | The air carrier met with the Commission and Member States on 9 June 2010 to discuss concerns resulting from SAFA inspections and the air carrier agreed to provide a corrective action plan to address the identified deficiencies. |
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(33)

The air carrier met with the Commission and Member States on 9 June 2010 to discuss concerns resulting from SAFA inspections and the air carrier agreed to provide a corrective action plan to address the identified deficiencies.

| (34) | The air carrier Air Charter Express requested to be heard by the Air Safety Committee and made a presentation on 10 November 2010. The air carrier described the actions taken as part of their corrective action plan to date, in particular in the areas of procedures, operational control, maintenance and training, and confirmed that work on remedial actions was ongoing. |
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(34)

The air carrier Air Charter Express requested to be heard by the Air Safety Committee and made a presentation on 10 November 2010. The air carrier described the actions taken as part of their corrective action plan to date, in particular in the areas of procedures, operational control, maintenance and training, and confirmed that work on remedial actions was ongoing.

| (35) | The Commission noted the progress the air carrier was making and emphasised the need to ensure that any remedial and preventive actions taken by Air Charter Express were effectively implemented to avoid recurrence of any safety deficiencies raised before during ramp inspections of its aircraft. Member States will continue to verify the effective compliance of Air Charter Express with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EC) No 351/2008 and the Commission will continue to closely monitor the actions taken by Air Charter Express. |
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(35)

The Commission noted the progress the air carrier was making and emphasised the need to ensure that any remedial and preventive actions taken by Air Charter Express were effectively implemented to avoid recurrence of any safety deficiencies raised before during ramp inspections of its aircraft. Member States will continue to verify the effective compliance of Air Charter Express with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EC) No 351/2008 and the Commission will continue to closely monitor the actions taken by Air Charter Express.

| (36) | As provided in Regulation (EC) No 1144/2009 the Commission actively continued the consultations with the competent authorities of Kazakhstan with a view to following-up progress of these authorities in the implementation of the corrective action plan established by the State to remedy the deficiencies identified by ICAO during its comprehensive safety audit carried out in April 2009 in the framework of its Universal Safety oversight Audit Programme, and in particular the significant safety concerns notified by ICAO to all States Party to the Chicago Convention. |
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(36)

As provided in Regulation (EC) No 1144/2009 the Commission actively continued the consultations with the competent authorities of Kazakhstan with a view to following-up progress of these authorities in the implementation of the corrective action plan established by the State to remedy the deficiencies identified by ICAO during its comprehensive safety audit carried out in April 2009 in the framework of its Universal Safety oversight Audit Programme, and in particular the significant safety concerns notified by ICAO to all States Party to the Chicago Convention.

| (37) | Following to consultations with the Commission held on 27 September 2010, the competent authorities of Kazakhstan (CAC) were heard by the Air Safety Committee on 10 November 2010. They informed that they further progressed in the implementation of their corrective action. In particular, a new aviation law was adopted by Kazakhstan on 15 July 2010 and work is in progress on more than 100 acts of secondary legislation which need to be enacted for the implementation of the aviation law in the coming months. |
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(37)

Following to consultations with the Commission held on 27 September 2010, the competent authorities of Kazakhstan (CAC) were heard by the Air Safety Committee on 10 November 2010. They informed that they further progressed in the implementation of their corrective action. In particular, a new aviation law was adopted by Kazakhstan on 15 July 2010 and work is in progress on more than 100 acts of secondary legislation which need to be enacted for the implementation of the aviation law in the coming months.

| (38) | On 18 October 2010 a first package of such legislation pertaining to aerial work was adopted and on the same day the competent authorities of Kazakhstan revoked the AOC of 15 companies – KazAirWest, IJT Aviation, Euro Asia Air International, Berkut ZK, Tyan Shan, Kazavia, Navigator, Salem, Orlan 2000, Fenix, Association of amateur pilots of Kazakhstan, Burundayavia, Sky Service, Aeroprakt KZ, Asia Continental Avialines. |
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(38)

On 18 October 2010 a first package of such legislation pertaining to aerial work was adopted and on the same day the competent authorities of Kazakhstan revoked the AOC of 15 companies – KazAirWest, IJT Aviation, Euro Asia Air International, Berkut ZK, Tyan Shan, Kazavia, Navigator, Salem, Orlan 2000, Fenix, Association of amateur pilots of Kazakhstan, Burundayavia, Sky Service, Aeroprakt KZ, Asia Continental Avialines.

| (39) | The competent authorities of Kazakhstan informed that two of these carriers, Burundayavia and Euro Asia Air International had requested on 28 October 2010 the reinstatement of their AOC. At the meeting of the Air Safety Committee the competent authorities of Kazakhstan failed to clarify the status of operations of these two companies. Consequently, on the basis of the common criteria, it is assessed that Burundayavia and Euro Asia Air International should remain in Annex A. |
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(39)

The competent authorities of Kazakhstan informed that two of these carriers, Burundayavia and Euro Asia Air International had requested on 28 October 2010 the reinstatement of their AOC. At the meeting of the Air Safety Committee the competent authorities of Kazakhstan failed to clarify the status of operations of these two companies. Consequently, on the basis of the common criteria, it is assessed that Burundayavia and Euro Asia Air International should remain in Annex A.

| (40) | The submissions and presentations made by the competent authorities of Kazakhstan (CAC) regarding the companies: Asia Continental Avialines, KazAirWest, Kazavia, Orlan 2000, do not include sufficient information to demonstrate that these companies have ceased commercial air transport activities. The CAC failed to provide complete documentation regarding the certificates and approvals held by these companies following the revocation of their AOCs. In particular, for these companies there is information indicating that they have been operating large transport aircraft. Therefore, on the basis of the common criteria, it is assessed that at this stage these four companies should remain in Annex A. |
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(40)

The submissions and presentations made by the competent authorities of Kazakhstan (CAC) regarding the companies: Asia Continental Avialines, KazAirWest, Kazavia, Orlan 2000, do not include sufficient information to demonstrate that these companies have ceased commercial air transport activities. The CAC failed to provide complete documentation regarding the certificates and approvals held by these companies following the revocation of their AOCs. In particular, for these companies there is information indicating that they have been operating large transport aircraft. Therefore, on the basis of the common criteria, it is assessed that at this stage these four companies should remain in Annex A.

| (41) | The competent authorities of Kazakhstan stated and provided evidence showing that the Association of Amateur Pilots of Kazakhstan, Aeroprakt KZ, Berkut ZK, IJT Aviation, Navigator, Fenix, Salem, Sky Service, Tyan Shan Flight Center, are not any more engaged in commercial air transportation and do not hold any more a valid operating licence. Therefore they are not considered any more as air carriers within the meaning of Article 2(a) of Regulation (EC) No 2111/2005. In view of this, on the basis of the common criteria, it is assessed that these nine companies should be removed from Annex A |
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(41)

The competent authorities of Kazakhstan stated and provided evidence showing that the Association of Amateur Pilots of Kazakhstan, Aeroprakt KZ, Berkut ZK, IJT Aviation, Navigator, Fenix, Salem, Sky Service, Tyan Shan Flight Center, are not any more engaged in commercial air transportation and do not hold any more a valid operating licence. Therefore they are not considered any more as air carriers within the meaning of Article 2(a) of Regulation (EC) No 2111/2005. In view of this, on the basis of the common criteria, it is assessed that these nine companies should be removed from Annex A

| (42) | The Commission supports the ambitious reform of the Civil aviation system undertaken by the authorities of Kazakhstan and invites these authorities to continue with determination their efforts to implement the corrective actions plan agreed with ICAO, focusing in priority on the unresolved significant safety concerns and the recertification of all operators under their responsibility. The Commission is ready to organise in due time, with the assistance of the European Aviation Safety Agency and the support of Member States, an on-site assessment to verify the progress achieved in the implementation of the action plan. |
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(42)

The Commission supports the ambitious reform of the Civil aviation system undertaken by the authorities of Kazakhstan and invites these authorities to continue with determination their efforts to implement the corrective actions plan agreed with ICAO, focusing in priority on the unresolved significant safety concerns and the recertification of all operators under their responsibility. The Commission is ready to organise in due time, with the assistance of the European Aviation Safety Agency and the support of Member States, an on-site assessment to verify the progress achieved in the implementation of the action plan.

| (43) | There is verified evidence of lack of ability of the authorities responsible for the oversight of air carriers licensed in the Islamic Republic of Mauritania to address effectively safety deficiencies and to resolve safety concerns, as demonstrated by the results of the audit of Mauritania carried out by ICAO in the framework of its Universal Safety Oversight Audit Programme (USOAP) in April 2008. The final report made available in March 2009 reported a large number of significant deficiencies with regard to the capability of the civil aviation authorities to discharge their air safety oversight responsibilities. At the time of the completion of the ICAO audit, more than 67 % of ICAO standards were not effectively implemented. In the critical element pertaining to the resolution of the identified safety concerns, ICAO reported that more than 93 % of ICAO standards were not implemented. |
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(43)

There is verified evidence of lack of ability of the authorities responsible for the oversight of air carriers licensed in the Islamic Republic of Mauritania to address effectively safety deficiencies and to resolve safety concerns, as demonstrated by the results of the audit of Mauritania carried out by ICAO in the framework of its Universal Safety Oversight Audit Programme (USOAP) in April 2008. The final report made available in March 2009 reported a large number of significant deficiencies with regard to the capability of the civil aviation authorities to discharge their air safety oversight responsibilities. At the time of the completion of the ICAO audit, more than 67 % of ICAO standards were not effectively implemented. In the critical element pertaining to the resolution of the identified safety concerns, ICAO reported that more than 93 % of ICAO standards were not implemented.

| (44) | There is verified evidence of serious safety deficiencies on the part of the air carrier Mauritania Airways certified in Mauritania. These deficiencies have been identified by France and Spain during ramp inspections performed under the SAFA programme (7). Mauritania Airways did not respond adequately to the authorities which carried out the inspections and has not demonstrated that these deficiencies have been rectified in a sustainable manner. |
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(44)

There is verified evidence of serious safety deficiencies on the part of the air carrier Mauritania Airways certified in Mauritania. These deficiencies have been identified by France and Spain during ramp inspections performed under the SAFA programme (7). Mauritania Airways did not respond adequately to the authorities which carried out the inspections and has not demonstrated that these deficiencies have been rectified in a sustainable manner.

| (45) | The Commission initiated consultations with the competent authorities of Mauritania in February 2010, expressing serious concerns about the safety of the operations of air carriers licensed in this country and requesting clarifications regarding the actions undertaken by the competent authorities of Mauritania to respond to ICAO findings and to the SAFA findings. These consultations were followed by correspondence in March and October 2010 on the same issues. The competent authorities of Mauritania were also heard by the Air Safety Committee on 9 November 2010. |
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(45)

The Commission initiated consultations with the competent authorities of Mauritania in February 2010, expressing serious concerns about the safety of the operations of air carriers licensed in this country and requesting clarifications regarding the actions undertaken by the competent authorities of Mauritania to respond to ICAO findings and to the SAFA findings. These consultations were followed by correspondence in March and October 2010 on the same issues. The competent authorities of Mauritania were also heard by the Air Safety Committee on 9 November 2010.

| (46) | There is insufficient ability of the competent authorities of Mauritania (ANAC) to remedy effectively the non-compliance findings made by ICAO, as demonstrated by the fact that the implementation of the action plan aimed at addressing the findings made by ICAO is delayed. ANAC did not provide evidence of satisfactory closure of those findings reported as closed. For instance, the civil aviation act of 1972 has not yet been revised nor the related secondary specific aviation legislation. Consequently, the legal basis for the certification and continuing oversight of all air carriers licensed in Mauritania is not in compliance with the applicable international safety standards. |
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(46)

There is insufficient ability of the competent authorities of Mauritania (ANAC) to remedy effectively the non-compliance findings made by ICAO, as demonstrated by the fact that the implementation of the action plan aimed at addressing the findings made by ICAO is delayed. ANAC did not provide evidence of satisfactory closure of those findings reported as closed. For instance, the civil aviation act of 1972 has not yet been revised nor the related secondary specific aviation legislation. Consequently, the legal basis for the certification and continuing oversight of all air carriers licensed in Mauritania is not in compliance with the applicable international safety standards.

| (47) | ANAC informed that Mauritania Airways is currently the only air carrier certified in Mauritania and that the AOC of this carrier was renewed on 8 July 2010 for a limited period of 6 months, expiring on 31 December 2010. ANAC, however, failed to provide evidence of the verifications made before the renewal together with details of any action plans mandated to ensure the safety deficiencies identified are being effectively remedied in a sustainable manner. In particular, no evidence of approval of the operator’s operations manual, the operator’s minimum equipment list, the operator’s maintenance management exposition and maintenance organisation exposition was provided. |
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(47)

ANAC informed that Mauritania Airways is currently the only air carrier certified in Mauritania and that the AOC of this carrier was renewed on 8 July 2010 for a limited period of 6 months, expiring on 31 December 2010. ANAC, however, failed to provide evidence of the verifications made before the renewal together with details of any action plans mandated to ensure the safety deficiencies identified are being effectively remedied in a sustainable manner. In particular, no evidence of approval of the operator’s operations manual, the operator’s minimum equipment list, the operator’s maintenance management exposition and maintenance organisation exposition was provided.

| (48) | Mauritania Airways was heard by the Air Safety Committee on 9 November 2010 and informed that the air carrier initiated a series of corrective actions to address the deficiencies identified in the course of the SAFA ramp inspections as well as the internal investigation following the accident of their aircraft in July 2010. However, Mauritania Airways failed to demonstrate that these actions have produced results so far. In addition, the failed to demonstrate that the company holds the necessary approvals previously referred to. |
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(48)

Mauritania Airways was heard by the Air Safety Committee on 9 November 2010 and informed that the air carrier initiated a series of corrective actions to address the deficiencies identified in the course of the SAFA ramp inspections as well as the internal investigation following the accident of their aircraft in July 2010. However, Mauritania Airways failed to demonstrate that these actions have produced results so far. In addition, the failed to demonstrate that the company holds the necessary approvals previously referred to.

| (49) | Mauritania Airways confirmed that an aircraft of type Boeing B737-700 with registration mark TS-IEA operated by Mauritania Airways was involved in an accident on 27 July 2010 which caused several injuries and substantial damage to the aircraft that has been since that time under repair. Preliminary information from the air carrier revealed several deficiencies, in particular an anomaly in the extension of slats as well as a non-stabilised approach. |
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(49)

Mauritania Airways confirmed that an aircraft of type Boeing B737-700 with registration mark TS-IEA operated by Mauritania Airways was involved in an accident on 27 July 2010 which caused several injuries and substantial damage to the aircraft that has been since that time under repair. Preliminary information from the air carrier revealed several deficiencies, in particular an anomaly in the extension of slats as well as a non-stabilised approach.

| (50) | The competent authorities of Mauritania (ANAC) have not demonstrated that they are in a position to effectively discharge their responsibilities regarding safety oversight of air carriers certified in Mauritania. In view of these findings, on the basis of the common criteria, it is assessed that all air carriers certified in Mauritania should be included in Annex A. |
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(50)

The competent authorities of Mauritania (ANAC) have not demonstrated that they are in a position to effectively discharge their responsibilities regarding safety oversight of air carriers certified in Mauritania. In view of these findings, on the basis of the common criteria, it is assessed that all air carriers certified in Mauritania should be included in Annex A.

| (51) | The Commission encourages the competent authorities of Mauritania (ANAC) to pursue actively the implementation of the corrective action plan submitted to ICAO and is ready to provide support if necessary. The Commission is in particular ready to organise, with the assistance of the European Aviation Safety Agency and the support of Member States, an on-site assessment to verify the progress achieved in the implementation of the action plan. |
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(51)

The Commission encourages the competent authorities of Mauritania (ANAC) to pursue actively the implementation of the corrective action plan submitted to ICAO and is ready to provide support if necessary. The Commission is in particular ready to organise, with the assistance of the European Aviation Safety Agency and the support of Member States, an on-site assessment to verify the progress achieved in the implementation of the action plan.

| (52) | Ukrainian Mediterranean Airlines certified in Ukraine requested to be heard by the Air Safety Committee and did so on 9 November 2010. The carrier informed that it is currently renewing its fleet and that the DC-9 aircraft are not operated anymore. However Ukrainian Mediterranean Airlines did not provide the complete and current operational specifications attached to the current Air Operator Certificate and failed to clarify at the hearing the fleet currently operated. Furthermore, it was confirmed that the competent authorities of Ukraine are conducting an audit of Ukrainian Mediterranean Airlines as part of the renewal process of its Air Operator Certificate, expiring on 28 November 2010, and that this process is not completed yet. Therefore, on the basis of the common criteria, it is assessed that Ukrainian Mediterranean Airlines should remain in Annex B. |
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(52)

Ukrainian Mediterranean Airlines certified in Ukraine requested to be heard by the Air Safety Committee and did so on 9 November 2010. The carrier informed that it is currently renewing its fleet and that the DC-9 aircraft are not operated anymore. However Ukrainian Mediterranean Airlines did not provide the complete and current operational specifications attached to the current Air Operator Certificate and failed to clarify at the hearing the fleet currently operated. Furthermore, it was confirmed that the competent authorities of Ukraine are conducting an audit of Ukrainian Mediterranean Airlines as part of the renewal process of its Air Operator Certificate, expiring on 28 November 2010, and that this process is not completed yet. Therefore, on the basis of the common criteria, it is assessed that Ukrainian Mediterranean Airlines should remain in Annex B.

| (53) | Submissions made after the hearing of the air carrier will be examined by the Commission and the Air Safety Committee at the next meeting of the Air Safety Committee. |
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(53)

Submissions made after the hearing of the air carrier will be examined by the Commission and the Air Safety Committee at the next meeting of the Air Safety Committee.

| (54) | Following the adoption of Regulation (EU) No 590/2010 (8), the air carrier Air Algérie has performed numerous inspections on its aircraft before departure for destinations in the Union. The competent authorities of Algeria also put in place in September 2010 teams of technicians to perform inspections (called SANAA inspections), on the basis of the SAFA methodology, on aircraft operated by the company Air Algérie, notably those which are operated on routes to the Union. These concerted efforts should enable them to discover and solve a number of deficiencies before aircraft departure. However, the results of these inspections raise some questions about the quality of the maintenance activities of the air carrier. |
| --- | --- |

(54)

Following the adoption of Regulation (EU) No 590/2010 (8), the air carrier Air Algérie has performed numerous inspections on its aircraft before departure for destinations in the Union. The competent authorities of Algeria also put in place in September 2010 teams of technicians to perform inspections (called SANAA inspections), on the basis of the SAFA methodology, on aircraft operated by the company Air Algérie, notably those which are operated on routes to the Union. These concerted efforts should enable them to discover and solve a number of deficiencies before aircraft departure. However, the results of these inspections raise some questions about the quality of the maintenance activities of the air carrier.

| (55) | As requested by Regulation (EU) No 590/2010 and until the meeting of the Air Safety Committee on 10 November 2010, the civil aviation authorities of Algeria submitted four monthly reports covering June, July, August and September 2010. These reports focused on the results of safety oversight conducted on the activities of Air Algérie and were supplemented with the findings discovered during the inspections carried out by inspectors of Air Algérie on aircraft of the air carrier. These reports however, do not provide the information of risk assessment being carried out by the competent authorities of Algeria and how the results of such risk assessment are considered in the oversight process and planning. |
| --- | --- |

(55)

As requested by Regulation (EU) No 590/2010 and until the meeting of the Air Safety Committee on 10 November 2010, the civil aviation authorities of Algeria submitted four monthly reports covering June, July, August and September 2010. These reports focused on the results of safety oversight conducted on the activities of Air Algérie and were supplemented with the findings discovered during the inspections carried out by inspectors of Air Algérie on aircraft of the air carrier. These reports however, do not provide the information of risk assessment being carried out by the competent authorities of Algeria and how the results of such risk assessment are considered in the oversight process and planning.

| (56) | In view of the persistence of findings in the areas of continuing airworthiness, maintenance, operations, as well as the safety of cargo on board, discovered during SAFA, SANAA and the internal Air Algérie inspections and in order to obtain clarifications on the monthly reports, consultations with the competent authority and the air carrier were held on 11 October 2010 with the participation of the European Aviation Safety Agency and a Member State. At this meeting the Commission took note of the commitment made by the competent authorities of Algeria to carry out a comprehensive root cause analysis and to present a solid corrective action plan as well as all relevant information showing the actions taken by both the competent authorities of Algeria and of Air Algérie to bring a sustainable solution. A corrective action plan approved by the competent authorities of Algeria was submitted to the Commission on 20 October 2010. |
| --- | --- |

(56)

In view of the persistence of findings in the areas of continuing airworthiness, maintenance, operations, as well as the safety of cargo on board, discovered during SAFA, SANAA and the internal Air Algérie inspections and in order to obtain clarifications on the monthly reports, consultations with the competent authority and the air carrier were held on 11 October 2010 with the participation of the European Aviation Safety Agency and a Member State. At this meeting the Commission took note of the commitment made by the competent authorities of Algeria to carry out a comprehensive root cause analysis and to present a solid corrective action plan as well as all relevant information showing the actions taken by both the competent authorities of Algeria and of Air Algérie to bring a sustainable solution. A corrective action plan approved by the competent authorities of Algeria was submitted to the Commission on 20 October 2010.

| (57) | Air Algérie presented a further enhanced corrective action plan to the Air Safety Committee on 10 November 2010. The Committee acknowledged the efforts made by the air carrier towards resolving the detected safety deficiencies and urged the competent authorities of Algeria to enhance its oversight activities with a view to ensuring that the relevant safety standards are respected. During the meeting of the Air Safety Committee the competent authorities of Algeria indicated their wish to further strengthen their capabilities through a twinning project. With a view to supporting the competent authorities of Algeria in further enhancing their efforts to reinforce their capacity to discharge their responsibilities, a technical assistance mission lead by the European Aviation Safety Agency will be carried out in February 2011. |
| --- | --- |

(57)

Air Algérie presented a further enhanced corrective action plan to the Air Safety Committee on 10 November 2010. The Committee acknowledged the efforts made by the air carrier towards resolving the detected safety deficiencies and urged the competent authorities of Algeria to enhance its oversight activities with a view to ensuring that the relevant safety standards are respected. During the meeting of the Air Safety Committee the competent authorities of Algeria indicated their wish to further strengthen their capabilities through a twinning project. With a view to supporting the competent authorities of Algeria in further enhancing their efforts to reinforce their capacity to discharge their responsibilities, a technical assistance mission lead by the European Aviation Safety Agency will be carried out in February 2011.

| (58) | In the meantime, the Member States shall continue to closely monitor the performance of Air Algérie in the framework of Regulation (EC) No 351/2006 in order to provide the basis for a new assessment of this case at the next meeting of the Air Safety Committee. |
| --- | --- |

(58)

In the meantime, the Member States shall continue to closely monitor the performance of Air Algérie in the framework of Regulation (EC) No 351/2006 in order to provide the basis for a new assessment of this case at the next meeting of the Air Safety Committee.

| (59) | Pursuant to Regulation (EC) No 1144/2009 (9) all air carriers certified in the Republic of Congo are subject to an operational ban within the Union and listed in Annex A. |
| --- | --- |

(59)

Pursuant to Regulation (EC) No 1144/2009 (9) all air carriers certified in the Republic of Congo are subject to an operational ban within the Union and listed in Annex A.

| (60) | The Commission informed the Air Safety Committee on the results of a technical assistance mission carried out in February 2010 by the European Aviation Safety Agency to the Republic of Congo following the ICAO USOAP audit, conducted in November 2008. The ICAO USOAP Audit resulted in a Significant Safety Concern regarding aircraft operations, certification and supervision exercised by the Civil Aviation Authority of the Republic of Congo (ANAC) along with a very high rate of lack of implementation of safety standards (76,89 %); the Significant Safety Concern is currently unresolved. During the technical assistance mission it was noted that ANAC had made clear efforts at every level to implement a corrective action plan and had demonstrated a strong commitment to overcome the safety issues highlighted by the ICAO audit. The Commission welcomes these encouraging moves and will continue to closely monitor the progress of the ANAC towards effective implementation of their corrective action plan to ensure that the current safety deficiencies are addressed without undue delay. |
| --- | --- |

(60)

The Commission informed the Air Safety Committee on the results of a technical assistance mission carried out in February 2010 by the European Aviation Safety Agency to the Republic of Congo following the ICAO USOAP audit, conducted in November 2008. The ICAO USOAP Audit resulted in a Significant Safety Concern regarding aircraft operations, certification and supervision exercised by the Civil Aviation Authority of the Republic of Congo (ANAC) along with a very high rate of lack of implementation of safety standards (76,89 %); the Significant Safety Concern is currently unresolved. During the technical assistance mission it was noted that ANAC had made clear efforts at every level to implement a corrective action plan and had demonstrated a strong commitment to overcome the safety issues highlighted by the ICAO audit. The Commission welcomes these encouraging moves and will continue to closely monitor the progress of the ANAC towards effective implementation of their corrective action plan to ensure that the current safety deficiencies are addressed without undue delay.

| (61) | The air carrier Equaflight Service certified by ANAC requested to be heard by the Air Safety Committee and did so on 10 November 2010. The air carrier presented its activity and informed about the progress in the implementation of its action plan. |
| --- | --- |

(61)

The air carrier Equaflight Service certified by ANAC requested to be heard by the Air Safety Committee and did so on 10 November 2010. The air carrier presented its activity and informed about the progress in the implementation of its action plan.

| (62) | The air carrier Trans Air Congo certified by ANAC requested to be heard by the Air Safety Committee and did so on 10 November 2010. The air carrier presented its activity and informed about the progress in the implementation of its action plan. |
| --- | --- |

(62)

The air carrier Trans Air Congo certified by ANAC requested to be heard by the Air Safety Committee and did so on 10 November 2010. The air carrier presented its activity and informed about the progress in the implementation of its action plan.

| (63) | The Air Safety Committee took note of the progress report. However, the presentations by the air carriers did not allow ascertaining that they meet at this stage the applicable ICAO safety standards. In addition, on the basis of the common criteria, pending the effective implementation of adequate corrective actions to resolve the ICAO significant safety concern and in the absence of significant progress in the closure of the findings raised during the ICAO audit, it is assessed that the competent authorities of the Republic of Congo are, at this stage, not able to implement and enforce the relevant safety standards on all carriers under their regulatory control. Therefore, all air carriers certified by these authorities should remain in Annex A. |
| --- | --- |

(63)

The Air Safety Committee took note of the progress report. However, the presentations by the air carriers did not allow ascertaining that they meet at this stage the applicable ICAO safety standards. In addition, on the basis of the common criteria, pending the effective implementation of adequate corrective actions to resolve the ICAO significant safety concern and in the absence of significant progress in the closure of the findings raised during the ICAO audit, it is assessed that the competent authorities of the Republic of Congo are, at this stage, not able to implement and enforce the relevant safety standards on all carriers under their regulatory control. Therefore, all air carriers certified by these authorities should remain in Annex A.

| (64) | The Commission will actively continue the consultations with the competent authorities of the Republic of Congo on the actions undertaken by them to improve aviation safety and is willing to engage a second mission of technical assistance in 2011 aiming at building up their administrative and technical capacity in civil aviation. |
| --- | --- |

(64)

The Commission will actively continue the consultations with the competent authorities of the Republic of Congo on the actions undertaken by them to improve aviation safety and is willing to engage a second mission of technical assistance in 2011 aiming at building up their administrative and technical capacity in civil aviation.

| (65) | The competent authorities of Kyrgyzstan requested to be heard by the Air Safety Committee and did so on 10 November 2010. They informed that they are progressing in an ambitious reform of the aviation sector undertaken since 2006 with a view to enhancing air safety. The competent authorities are in particular progressing in their capacity building with the recruitment of additional qualified inspectors, to be continued in the coming months. The State aviation legislation is being revised with a view to ensuring compliance with international safety standards by November 2011. |
| --- | --- |

(65)

The competent authorities of Kyrgyzstan requested to be heard by the Air Safety Committee and did so on 10 November 2010. They informed that they are progressing in an ambitious reform of the aviation sector undertaken since 2006 with a view to enhancing air safety. The competent authorities are in particular progressing in their capacity building with the recruitment of additional qualified inspectors, to be continued in the coming months. The State aviation legislation is being revised with a view to ensuring compliance with international safety standards by November 2011.

| (66) | The competent authorities of Kyrgyzstan informed that they have issued a new AOC to the air carrier CAAS. On the basis of the common criteria, it is assessed that CAAS should be included in Annex A. |
| --- | --- |

(66)

The competent authorities of Kyrgyzstan informed that they have issued a new AOC to the air carrier CAAS. On the basis of the common criteria, it is assessed that CAAS should be included in Annex A.

| (67) | The competent authorities of Kyrgyzstan also informed that they had suspended the AOCs of three air carriers – Itek Air, TransAero and Asian Air. Additionally, they informed that they have undertaken enforcement actions regarding the following carriers: Golden Rules Airlines, Kyrgyzstan Airline, Max Avia, Tenir Airlines. However, they failed to demonstrate that the license or the AOC of these carriers was revoked. Consequently, on the basis of the common criteria, it is assessed that these carriers should remain in Annex A. |
| --- | --- |

(67)

The competent authorities of Kyrgyzstan also informed that they had suspended the AOCs of three air carriers – Itek Air, TransAero and Asian Air. Additionally, they informed that they have undertaken enforcement actions regarding the following carriers: Golden Rules Airlines, Kyrgyzstan Airline, Max Avia, Tenir Airlines. However, they failed to demonstrate that the license or the AOC of these carriers was revoked. Consequently, on the basis of the common criteria, it is assessed that these carriers should remain in Annex A.

| (68) | Given that no evidence of full implementation of appropriate remedial actions by the air carriers certified in Kyrgyzstan and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far, on the basis of the common criteria, it is assessed that these air carriers should remain in Annex A. |
| --- | --- |

(68)

Given that no evidence of full implementation of appropriate remedial actions by the air carriers certified in Kyrgyzstan and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far, on the basis of the common criteria, it is assessed that these air carriers should remain in Annex A.

| (69) | The Commission encourages the competent authorities of Kyrgyzstan to continue their efforts towards resolution of all non-compliance findings identified during the audit carried out by ICAO in April 2009 as part of its Universal Safety Oversight Audit Programme (USOAP). The European Commission, assisted by the European Aviation Safety Agency and with the support of the Member States, is ready to carry out an assessment on site once the implementation of the action plan submitted to ICAO has sufficiently advanced; The objective of this visit would be to verify the implementation of the applicable safety requirements by the competent authorities and by the undertakings under its oversight.. |
| --- | --- |

(69)

The Commission encourages the competent authorities of Kyrgyzstan to continue their efforts towards resolution of all non-compliance findings identified during the audit carried out by ICAO in April 2009 as part of its Universal Safety Oversight Audit Programme (USOAP). The European Commission, assisted by the European Aviation Safety Agency and with the support of the Member States, is ready to carry out an assessment on site once the implementation of the action plan submitted to ICAO has sufficiently advanced; The objective of this visit would be to verify the implementation of the applicable safety requirements by the competent authorities and by the undertakings under its oversight..

| (70) | The competent authorities of Gabon (ANAC) held consultations on 26 October 2010 with the Commission, the European Aviation Safety Agency and the competent authorities of France to present the progress made to date. ANAC informed that the legislative framework is currently being revised, with a reform of the civil aviation code, entailing the following actions: (a) a reorganisation of ANAC, the adoption of which is expected by 31 December 2010; (b) the progressive establishment of a comprehensive set of Gabonese aeronautical regulations (RAG), which will enter into force in a phased approach by 2011. ANAC reported further progress in its capacity-building, with the recruitment of additional inspectors. ANAC also reported progress in the oversight of the air carriers and the enforcement of the current safety regulations (RACAM), as demonstrated by the suspension of the AOC of the air carrier Air Services on 30 July 2010, and the temporary suspension of the AOC of the air carrier Allegiance between 22 August and 2 September 2010. |
| --- | --- |

(70)

The competent authorities of Gabon (ANAC) held consultations on 26 October 2010 with the Commission, the European Aviation Safety Agency and the competent authorities of France to present the progress made to date. ANAC informed that the legislative framework is currently being revised, with a reform of the civil aviation code, entailing the following actions: (a) a reorganisation of ANAC, the adoption of which is expected by 31 December 2010; (b) the progressive establishment of a comprehensive set of Gabonese aeronautical regulations (RAG), which will enter into force in a phased approach by 2011. ANAC reported further progress in its capacity-building, with the recruitment of additional inspectors. ANAC also reported progress in the oversight of the air carriers and the enforcement of the current safety regulations (RACAM), as demonstrated by the suspension of the AOC of the air carrier Air Services on 30 July 2010, and the temporary suspension of the AOC of the air carrier Allegiance between 22 August and 2 September 2010.

| (71) | However, ANAC did not demonstrate that appropriate remedial actions had been implemented before the air carrier Allegiance had its AOC reinstated. Furthermore, the number and the nature of some of the deficiencies identified reveal that further enforcement actions may be necessary, should air carriers certified in Gabon fail to implement the applicable safety standards. |
| --- | --- |

(71)

However, ANAC did not demonstrate that appropriate remedial actions had been implemented before the air carrier Allegiance had its AOC reinstated. Furthermore, the number and the nature of some of the deficiencies identified reveal that further enforcement actions may be necessary, should air carriers certified in Gabon fail to implement the applicable safety standards.

| (72) | Given that no evidence of the full implementation of appropriate corrective and preventive actions by the air carriers included in the Community list and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far, on the basis of the common criteria, it is assessed that these air carriers should continue to be subject to an operating ban (Annex A) or operating restrictions (Annex B), as the case may be. |
| --- | --- |

(72)

Given that no evidence of the full implementation of appropriate corrective and preventive actions by the air carriers included in the Community list and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far, on the basis of the common criteria, it is assessed that these air carriers should continue to be subject to an operating ban (Annex A) or operating restrictions (Annex B), as the case may be.

| (73) | ANAC informed of the issuance of a new AOC to the air carrier Afric Aviation on 25 September 2010 without demonstrating that the certification and oversight of this air carrier complies fully with applicable international safety standards. Therefore, on the basis of the common criteria, it is assessed that Afric Aviation should be included in Annex A. |
| --- | --- |

(73)

ANAC informed of the issuance of a new AOC to the air carrier Afric Aviation on 25 September 2010 without demonstrating that the certification and oversight of this air carrier complies fully with applicable international safety standards. Therefore, on the basis of the common criteria, it is assessed that Afric Aviation should be included in Annex A.

| (74) | Member States will continue to monitor the performance of air carriers certified in Gabon through focused ramp inspections carried out in the framework of the SAFA programme with a view to monitoring sustainable compliance of their operations and maintenance with the applicable safety standards. Should ramp inspections identify safety concerns, the Commission will be compelled to reconsider the measures applicable to these carriers at the next meeting of the Air Safety Committee. |
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(74)

Member States will continue to monitor the performance of air carriers certified in Gabon through focused ramp inspections carried out in the framework of the SAFA programme with a view to monitoring sustainable compliance of their operations and maintenance with the applicable safety standards. Should ramp inspections identify safety concerns, the Commission will be compelled to reconsider the measures applicable to these carriers at the next meeting of the Air Safety Committee.

| (75) | The Commission, assisted by the European Aviation Safety Agency and the competent authorities of Germany and Spain carried out a safety assessment visit to the Philippines in October 2010 in order to assess the progress achieved by the competent authorities of the Philippines (CAAP) and certain air carriers under its supervision, in the implementation of the measures undertaken to address the safety concerns described in Regulation (EU) No 273/2010. |
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(75)

The Commission, assisted by the European Aviation Safety Agency and the competent authorities of Germany and Spain carried out a safety assessment visit to the Philippines in October 2010 in order to assess the progress achieved by the competent authorities of the Philippines (CAAP) and certain air carriers under its supervision, in the implementation of the measures undertaken to address the safety concerns described in Regulation (EU) No 273/2010.

| (76) | The report resulting from this assessment confirms that, under the leadership of its new Director General, the Civil Aviation Authority of the Philippines has undertaken since April 2010 a series of ambitious reforms of the civil aviation oversight system in place in the Republic of the Philippines. The actions undertaken go clearly into the right direction and are deemed to allow, once effectively and sustainably implemented, for significant improvements towards compliance with the safety standards set forth by the International Civil Aviation Organisation (ICAO). These actions entail in particular (a) a recast of the existing implementing rules and regulation to the basic Civil Aviation Act; (b) a complete revision of the existing Civil Aviation Regulations; (c) the appointment of a significant amount of personnel in accordance with enhanced qualification criteria; (d) the continuation of extensive training programmes for the staff recruited; (e) the modernisation of the facilities and the provision of adequate information systems to allow the control of approvals and licenses; (f) the certification of those air carriers which, although they continue commercial activities, are not certified yet in accordance with the civil aviation regulation in force; (g) the development of comprehensive surveillance plans including all aspects of the operations; and (h) the resolution of those safety concerns which may have been encountered. |
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(76)

The report resulting from this assessment confirms that, under the leadership of its new Director General, the Civil Aviation Authority of the Philippines has undertaken since April 2010 a series of ambitious reforms of the civil aviation oversight system in place in the Republic of the Philippines. The actions undertaken go clearly into the right direction and are deemed to allow, once effectively and sustainably implemented, for significant improvements towards compliance with the safety standards set forth by the International Civil Aviation Organisation (ICAO). These actions entail in particular (a) a recast of the existing implementing rules and regulation to the basic Civil Aviation Act; (b) a complete revision of the existing Civil Aviation Regulations; (c) the appointment of a significant amount of personnel in accordance with enhanced qualification criteria; (d) the continuation of extensive training programmes for the staff recruited; (e) the modernisation of the facilities and the provision of adequate information systems to allow the control of approvals and licenses; (f) the certification of those air carriers which, although they continue commercial activities, are not certified yet in accordance with the civil aviation regulation in force; (g) the development of comprehensive surveillance plans including all aspects of the operations; and (h) the resolution of those safety concerns which may have been encountered.

| (77) | The report also underlines that, in spite of the commitments of the CAAP and the energy invested since April 2010, these ambitious reforms could not be completed within a few months, in particular due the length of the recruitment and appointment process in the Philippines beyond the control of the CAAP and the corresponding lack of appropriate resources. More time appears necessary to allow the progress to be sustainable and for achievements to be recognised. Although the CAAP has undertaken actions to address the significant safety concern notified by ICAO to all Contracting States in 2009, progress to date has not been sufficient to close the significant safety concern. Equally, despite actions undertaken by the CAAP to address the non-compliance findings reported by the FAA in 2007, progress to date has not been sufficient to be recognised by the US FAA as compliant with international safety standards (category 1). In view of these findings, it is assessed that at this stage, all air carriers certified in the Republic of the Philippines should remain on Annex A. |
| --- | --- |

(77)

The report also underlines that, in spite of the commitments of the CAAP and the energy invested since April 2010, these ambitious reforms could not be completed within a few months, in particular due the length of the recruitment and appointment process in the Philippines beyond the control of the CAAP and the corresponding lack of appropriate resources. More time appears necessary to allow the progress to be sustainable and for achievements to be recognised. Although the CAAP has undertaken actions to address the significant safety concern notified by ICAO to all Contracting States in 2009, progress to date has not been sufficient to close the significant safety concern. Equally, despite actions undertaken by the CAAP to address the non-compliance findings reported by the FAA in 2007, progress to date has not been sufficient to be recognised by the US FAA as compliant with international safety standards (category 1). In view of these findings, it is assessed that at this stage, all air carriers certified in the Republic of the Philippines should remain on Annex A.

| (78) | The Commission invites the Philippines to respect the timetable of implementation of its commitments towards the international community, in particular with regard to the resolution of the significant safety concern notified by ICAO. To achieve this, it is essential that the CAAP continues to act with the necessary independence and ensures the appointment of sufficient staff meeting the qualification criteria to be in a position to effectively discharge its responsibilities towards the international community and ensure a robust oversight in compliance with the applicable safety standards. Support from the government of the Philippines to the CAAP is essential towards such goals. |
| --- | --- |

(78)

The Commission invites the Philippines to respect the timetable of implementation of its commitments towards the international community, in particular with regard to the resolution of the significant safety concern notified by ICAO. To achieve this, it is essential that the CAAP continues to act with the necessary independence and ensures the appointment of sufficient staff meeting the qualification criteria to be in a position to effectively discharge its responsibilities towards the international community and ensure a robust oversight in compliance with the applicable safety standards. Support from the government of the Philippines to the CAAP is essential towards such goals.

| (79) | Following the adoption of Regulation (EU) No 590/2010 the Commission received information from the competent authorities of the Russian Federation that all operating restrictions previously applicable on the air carrier YAK Service had been removed on 11 August 2010 following satisfactory results of oversight activities performed by these authorities. However, the Commission did not receive the requested results of all surveillance activities regarding the verification of correct implementation of remedial actions as well as of the certification of the equipment in accordance with ICAO standards installed on the aircraft of the air carrier used to operate international flights. |
| --- | --- |

(79)

Following the adoption of Regulation (EU) No 590/2010 the Commission received information from the competent authorities of the Russian Federation that all operating restrictions previously applicable on the air carrier YAK Service had been removed on 11 August 2010 following satisfactory results of oversight activities performed by these authorities. However, the Commission did not receive the requested results of all surveillance activities regarding the verification of correct implementation of remedial actions as well as of the certification of the equipment in accordance with ICAO standards installed on the aircraft of the air carrier used to operate international flights.

| (80) | Furthermore, as part of the continuous monitoring of the performance of air carriers flying into the Union on the basis of the results of ramp inspections carried out on aircraft of such air carriers, on 11 October 2010 the Commission informed the competent authorities of the Russian Federation of the results of such inspections carried out on Russian air carriers during the previous twelve months. |
| --- | --- |

(80)

Furthermore, as part of the continuous monitoring of the performance of air carriers flying into the Union on the basis of the results of ramp inspections carried out on aircraft of such air carriers, on 11 October 2010 the Commission informed the competent authorities of the Russian Federation of the results of such inspections carried out on Russian air carriers during the previous twelve months.

| (81) | These results indicated that for certain Russian air carriers, albeit from a limited number of inspections, there is a persistent rate of findings equivalent to over two significant and/or major findings per inspection during the last 2 years. These results show that there is need for improvement if these air carriers are to be fully compliant with international safety standards. Consultations between the Commission and the competent authorities of the Russian Federation on the safety performance of Russian air carriers were held on 18 October 2010 in Moscow. At this meeting the competent authorities of the Russian Federation agreed to provide the Commission with the following information: (a) documentation that was requested on 2 September 2010 for Yak Service (transmission in English of the results of all surveillance activities regarding the verification of correct implementation of remedial actions as well as of the certification of the equipment in accordance with ICAO standards that is now installed on the aircraft of the company used to operate international flights; the new AOC of the company issued following the removal of the restrictions along with the operating specifications); (b) the results of surveillance activities of Russian authorities on Russian air carriers for which SAFA ramp inspections reports and analysis have been transmitted by the Commission. Furthermore, at this meeting the competent authorities of the Russian Federation announced that they would also transmit to the Commission the reports and analysis of the performance (incidents, methodology of calculation of ratios etc.) for the ramp checks performed on aircraft of EU carriers flying into the Russian Federation. |
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(81)

These results indicated that for certain Russian air carriers, albeit from a limited number of inspections, there is a persistent rate of findings equivalent to over two significant and/or major findings per inspection during the last 2 years. These results show that there is need for improvement if these air carriers are to be fully compliant with international safety standards. Consultations between the Commission and the competent authorities of the Russian Federation on the safety performance of Russian air carriers were held on 18 October 2010 in Moscow. At this meeting the competent authorities of the Russian Federation agreed to provide the Commission with the following information: (a) documentation that was requested on 2 September 2010 for Yak Service (transmission in English of the results of all surveillance activities regarding the verification of correct implementation of remedial actions as well as of the certification of the equipment in accordance with ICAO standards that is now installed on the aircraft of the company used to operate international flights; the new AOC of the company issued following the removal of the restrictions along with the operating specifications); (b) the results of surveillance activities of Russian authorities on Russian air carriers for which SAFA ramp inspections reports and analysis have been transmitted by the Commission. Furthermore, at this meeting the competent authorities of the Russian Federation announced that they would also transmit to the Commission the reports and analysis of the performance (incidents, methodology of calculation of ratios etc.) for the ramp checks performed on aircraft of EU carriers flying into the Russian Federation.

| (82) | Following this meeting the competent authorities of the Russian Federation transmitted on 25 October correspondence regarding Yak Service showing that certain equipment fitted on aircraft operated by YAK Service had been recertified by the Interstate Aviation Committee (MAK). However, at the meeting of the Air Safety Committee on 10 November 2010 the competent authorities of the Russian Federation did not provide evidence that all aircraft operated by YAK Service are fitted with serviceable ICAO mandatory equipment necessary for international commercial air transport. Therefore, two aircraft on the AOC of this air carrier with registration RA-87648 and RA-88308 should not be operated into the European Union. Member States will continue to verify the effective compliance of Yak Service with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EC) No 351/2008. |
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(82)

Following this meeting the competent authorities of the Russian Federation transmitted on 25 October correspondence regarding Yak Service showing that certain equipment fitted on aircraft operated by YAK Service had been recertified by the Interstate Aviation Committee (MAK). However, at the meeting of the Air Safety Committee on 10 November 2010 the competent authorities of the Russian Federation did not provide evidence that all aircraft operated by YAK Service are fitted with serviceable ICAO mandatory equipment necessary for international commercial air transport. Therefore, two aircraft on the AOC of this air carrier with registration RA-87648 and RA-88308 should not be operated into the European Union. Member States will continue to verify the effective compliance of Yak Service with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EC) No 351/2008.

| (83) | At the meeting of the Air Safety Committee the competent authorities of the Russian Federation did not provide any evidence of the results of their oversight activities on various air carriers certified in the Russian Federation as requested by the Commission. |
| --- | --- |

(83)

At the meeting of the Air Safety Committee the competent authorities of the Russian Federation did not provide any evidence of the results of their oversight activities on various air carriers certified in the Russian Federation as requested by the Commission.

| (84) | At the meeting of the Air Safety Committee the competent authorities of the Russian Federation also confirmed that the following aircraft continue to be excluded for international commercial air transport as they are not fitted with ICAO mandatory equipment.






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

(84)

At the meeting of the Air Safety Committee the competent authorities of the Russian Federation also confirmed that the following aircraft continue to be excluded for international commercial air transport as they are not fitted with ICAO mandatory equipment.

(a)

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

| (b) | Atlant Soyuz: Tupolev TU-154M: RA-85672 and RA-85682 previously operated by Atlant Soyuz are both aircraft currently operated by other air carriers certified in the Russian Federation. |
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(b)

Atlant Soyuz: Tupolev TU-154M: RA-85672 and RA-85682 previously operated by Atlant Soyuz are both aircraft currently operated by other air carriers certified in the Russian Federation.

| (c) | Gazpromavia: Tupolev TU-154M: RA-85625 and RA-85774; Yakovlev Yak-40: RA-87511, RA- 88300 and RA-88186; Yak-40K: RA-21505, RA-98109 and RA-8830; Yak-42D: RA-42437; all (22) helicopters Kamov Ka-26 (unknown registration); all (49) helicopters Mi-8 (unknown registration); all (11) helicopters Mi-171 (unknown registration); all (8) helicopters Mi-2 (unknown registration); all (1) helicopter EC-120B: RA-04116. |
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(c)

Gazpromavia: Tupolev TU-154M: RA-85625 and RA-85774; Yakovlev Yak-40: RA-87511, RA- 88300 and RA-88186; Yak-40K: RA-21505, RA-98109 and RA-8830; Yak-42D: RA-42437; all (22) helicopters Kamov Ka-26 (unknown registration); all (49) helicopters Mi-8 (unknown registration); all (11) helicopters Mi-171 (unknown registration); all (8) helicopters Mi-2 (unknown registration); all (1) helicopter EC-120B: RA-04116.

| (d) | Kavminvodyavia: Tupolev TU-154B: RA-85307, RA-85494 and RA-85457. |
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(d)

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

| (e) | Krasnoyarsky Airlines: the aircraft of type TU-154M RA-85672 previously on the AOC of Krasnoyarsky Airlines, which was revoked in 2009 is currently operated by Atlant Soyuz; the aircraft of the same type with registration RA-85682 is operated by another air carrier certified in the Russian Federation. |
| --- | --- |

(e)

Krasnoyarsky Airlines: the aircraft of type TU-154M RA-85672 previously on the AOC of Krasnoyarsky Airlines, which was revoked in 2009 is currently operated by Atlant Soyuz; the aircraft of the same type with registration RA-85682 is operated by another air carrier certified in the Russian Federation.

| (f) | Kuban Airlines: Yakovlev Yak-42: RA-42331, RA-42336, RA-42350, RA-42538, and RA-42541; the aircraft of the same type RA-42526 is currently not operated for financial reasons;. |
| --- | --- |

(f)

Kuban Airlines: Yakovlev Yak-42: RA-42331, RA-42336, RA-42350, RA-42538, and RA-42541; the aircraft of the same type RA-42526 is currently not operated for financial reasons;.

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

(g)

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

| (h) | Siberia Airlines: Tupolev TU-154M: RA-85613, RA-85619, RA-85622 and RA-85690; |
| --- | --- |

(h)

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

| (i) | Tatarstan Airlines: Yakovlev Yak-42D: RA-42374, RA-42433 and RA-42347 operated by another Russian air carrier; Tupolev TU-134A: RA-65970, RA-65691, RA-65973, RA-65065 and RA-65102; Antonov AN-24RV: RA-46625 and RA-47818 which are currently operated by another Russian carrier. |
| --- | --- |

(i)

Tatarstan Airlines: Yakovlev Yak-42D: RA-42374, RA-42433 and RA-42347 operated by another Russian air carrier; Tupolev TU-134A: RA-65970, RA-65691, RA-65973, RA-65065 and RA-65102; Antonov AN-24RV: RA-46625 and RA-47818 which are currently operated by another Russian carrier.

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

(j)

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

| (k) | UTAir: Tupolev TU-154M: RA-85733, RA-85755, RA-85806, RA-85820; all (24) TU-134: RA-65024, RA-65033, RA-65127, RA-65148, RA-65560, RA-65572, RA-65575, RA-65607, RA-65608, RA-65609, RA-65611, RA-65613, RA-65616, RA-65620, RA-65622, RA-65728, RA-65755, RA-65777, RA-65780, RA-65793, RA-65901, RA-65902, and RA-65977; the aircraft RA-65143 and RA-65916 are operated by another Russian carrier; all (1) TU-134B: RA-65726; all (10) Yakovlev Yak-40: RA-87348 (currently not operated for financial reasons), RA-87907, RA-87941, RA-87997, RA-88209, RA-88227 and RA-88280; the aircraft of the same type RA-87292 and RA-88244 have been retired; all helicopters Mil-26: (unknown registration); all helicopters Mil-10: (unknown registration); all helicopters Mil-8 (unknown registration); all helicopters AS-355 (unknown registration); all helicopters BO-105 (unknown registration); the aircraft of type AN-24B RA-46388 and RA-87348 are not operated for financial reasons; RA-46267 and RA-47289 and the aircraft of type AN-24RV RA-46509, RA-46519 and RA-47800 are operated by another Russian carrier. |
| --- | --- |

(k)

UTAir: Tupolev TU-154M: RA-85733, RA-85755, RA-85806, RA-85820; all (24) TU-134: RA-65024, RA-65033, RA-65127, RA-65148, RA-65560, RA-65572, RA-65575, RA-65607, RA-65608, RA-65609, RA-65611, RA-65613, RA-65616, RA-65620, RA-65622, RA-65728, RA-65755, RA-65777, RA-65780, RA-65793, RA-65901, RA-65902, and RA-65977; the aircraft RA-65143 and RA-65916 are operated by another Russian carrier; all (1) TU-134B: RA-65726; all (10) Yakovlev Yak-40: RA-87348 (currently not operated for financial reasons), RA-87907, RA-87941, RA-87997, RA-88209, RA-88227 and RA-88280; the aircraft of the same type RA-87292 and RA-88244 have been retired; all helicopters Mil-26: (unknown registration); all helicopters Mil-10: (unknown registration); all helicopters Mil-8 (unknown registration); all helicopters AS-355 (unknown registration); all helicopters BO-105 (unknown registration); the aircraft of type AN-24B RA-46388 and RA-87348 are not operated for financial reasons; RA-46267 and RA-47289 and the aircraft of type AN-24RV RA-46509, RA-46519 and RA-47800 are operated by another Russian carrier.

| (l) | Rossija (STC Russia): Tupolev TU-134: RA-65979, the aircraft RA-65904, RA-65905, RA-65911, RA-65921 and RA-65555 are operated by another Russian carrier; Ilyushin IL-18: RA-75454 is operated by another Russian carrier; Yakovlev Yak-40: RA-87203, RA-87968, RA-87971, RA-87972 and RA-88200 are operated by another Russian carrier. |
| --- | --- |

(l)

Rossija (STC Russia): Tupolev TU-134: RA-65979, the aircraft RA-65904, RA-65905, RA-65911, RA-65921 and RA-65555 are operated by another Russian carrier; Ilyushin IL-18: RA-75454 is operated by another Russian carrier; Yakovlev Yak-40: RA-87203, RA-87968, RA-87971, RA-87972 and RA-88200 are operated by another Russian carrier.

| (m) | Russair: aircraft Tupolev TU-134A3 registration RA 65124; TU-154 registration RA-65124. |
| --- | --- |

(m)

Russair: aircraft Tupolev TU-134A3 registration RA 65124; TU-154 registration RA-65124.

| (85) | The Commission and the Air Safety Committee took note of the presentation and the submissions by the competent authority of the Russian Federation and will pursue the sustainable resolution of safety non-compliance detected during SAFA ramp inspections through further technical consultations with the competent authority of the Russian Federation. In the meantime, Member States will continue to verify the effective compliance of Russian air carriers with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of these carriers pursuant to Regulation (EC) No 351/2008 and the Commission will continue to closely monitor the actions taken by them. |
| --- | --- |

(85)

The Commission and the Air Safety Committee took note of the presentation and the submissions by the competent authority of the Russian Federation and will pursue the sustainable resolution of safety non-compliance detected during SAFA ramp inspections through further technical consultations with the competent authority of the Russian Federation. In the meantime, Member States will continue to verify the effective compliance of Russian air carriers with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of these carriers pursuant to Regulation (EC) No 351/2008 and the Commission will continue to closely monitor the actions taken by them.

| (86) | No evidence of the full implementation of appropriate remedial actions by the other air carriers included in the Community list updated on 6 September 2010 and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far in spite of specific requests submitted by the latter. Therefore, on the basis of the common criteria, it is assessed that these air carriers should continue to be subject to an operating ban (Annex A) or operating restrictions (Annex B), as the case may be. |
| --- | --- |

(86)

No evidence of the full implementation of appropriate remedial actions by the other air carriers included in the Community list updated on 6 September 2010 and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far in spite of specific requests submitted by the latter. Therefore, on the basis of the common criteria, it is assessed that these air carriers should continue to be subject to an operating ban (Annex A) or operating restrictions (Annex B), as the case may be.

| (87) | The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee, |
| --- | --- |

(87)

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 A to this Regulation. |
| --- | --- |

1.

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

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

2.

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

Article 2

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

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

Done at Brussels, 22 November 2010.

For the Commission, On behalf of the President,

Siim KALLAS

Vice-President

---

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

1

(2)  OJ L 84, 23.3.2006, p. 14.

2

(3)  OJ L 373, 31.12.1991, p. 4.

3

(4)  ACG-2010-335.

4

(5)  OJ L 237, 8.9.2010, p. 10.

5

(6)  BCAA-2009-157, BCAA-2010-87, DGAC/F-2009-2422, DGAC/F-2009-2651, DGAC/F-2009-2766, DGAC/F-2010-1678, DGAC/F-2010-2075, CAA-NL-20109-195, CAA-NL-20109-196, CAA-UK-2010-923.

6

(7)  DGAC/F-2009-2728; DGAC/F-2010-343; DGAC/F-2010-520, DGAC/F-2010-723, DGAC/F-2010-1007, DGAC/F-2010-1294, DGAC/F-2010-1573, DGAC/F-2010-1914, DGAC/F-2010-2004; AESA-E-2010-46, AESA-E-2010-249; AESA-E-2010-396; AESA-E-2010-478.

7

(8)  OJ L 170, 5.7.2010, p. 9.

8

(9)  OJ L 312, 27.11.2009, p. 16.

9

---

ANNEX A

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

| Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different) | Air Operator Certificate (AOC) Number or Operating Licence Number | ICAO airline designation number | State of the Operator |
| --- | --- | --- | --- |
| BLUE WING AIRLINES | SRBWA-01/2002 | BWI | Suriname |
| MERIDIAN AIRWAYS LTD | AOC 023 | MAG | Republic of Ghana |
| SIEM REAP AIRWAYS INTERNATIONAL | AOC/013/00 | SRH | Kingdom of Cambodia |
| SILVERBACK CARGO FREIGHTERS | Unknown | VRB | Republic of Rwanda |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Afghanistan, including | | | Islamic Republic of Afghanistan |
| ARIANA AFGHAN AIRLINES | AOC 009 | AFG | Islamic Republic of Afghanistan |
| KAM AIR | AOC 001 | KMF | Islamic Republic of Afghanistan |
| PAMIR AIRLINES | Unknown | PIR | 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 | 015 | Unknown | Republic of Angola |
| AIR26 | 004 | DCD | Republic of Angola |
| AIR GEMINI | 002 | GLL | Republic of Angola |
| AIR GICANGO | 009 | Unknown | Republic of Angola |
| AIR JET | 003 | MBC | Republic of Angola |
| AIR NAVE | 017 | Unknown | Republic of Angola |
| ALADA | 005 | RAD | Republic of Angola |
| ANGOLA AIR SERVICES | 006 | Unknown | Republic of Angola |
| DIEXIM | 007 | Unknown | Republic of Angola |
| GIRA GLOBO | 008 | GGL | Republic of Angola |
| HELIANG | 010 | Unknown | Republic of Angola |
| HELIMALONGO | 011 | Unknown | Republic of Angola |
| MAVEWA | 016 | Unknown | Republic of Angola |
| PHA | 019 | Unknown | Republic of Angola |
| RUI & CONCEICAO | 012 | Unknown | Republic of Angola |
| SAL | 013 | Unknown | Republic of Angola |
| SERVISAIR | 018 | Unknown | Republic of Angola |
| SONAIR | 014 | SOR | Republic of Angola |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Benin, including | | | Republic of Benin |
| AERO BENIN | PEA No 014/MDCTTTATP-PR/ANAC/DEA/SCS | AEB | Republic of Benin |
| AFRICA AIRWAYS | Unknown | AFF | Republic of Benin |
| ALAFIA JET | PEA No 014/ANAC/MDCTTTATP-PR/DEA/SCS | N/A | Republic of Benin |
| BENIN GOLF AIR | PEA No 012/MDCTTP-PR/ANAC/DEA/SCS. | BGL | Republic of Benin |
| BENIN LITTORAL AIRWAYS | PEA No 013/MDCTTTATP-PR/ANAC/DEA/SCS. | LTL | Republic of Benin |
| COTAIR | PEA No 015/MDCTTTATP-PR/ANAC/DEA/SCS. | COB | Republic of Benin |
| ROYAL AIR | PEA No 11/ANAC/MDCTTP-PR/DEA/SCS | BNR | Republic of Benin |
| TRANS AIR BENIN | PEA No 016/MDCTTTATP-PR/ANAC/DEA/SCS | TNB | Republic of Benin |
| All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Congo, including | | | Republic of Congo |
| AERO SERVICE | RAC06-002 | RSR | Republic of Congo |
| EQUAFLIGHT SERVICES | RAC 06-003 | EKA | Republic of Congo |
| SOCIETE NOUVELLE AIR CONGO | RAC 06-004 | Unknown | Republic of Congo |
| TRANS AIR CONGO | RAC 06-001 | Unknown | Republic of Congo |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Democratic Republic of Congo (RDC), including | | | Democratic Republic of Congo (RDC) |
| AFRICAN AIR SERVICES COMMUTER | 409/CAB/MIN/TVC/051/09 | Unknown | Democratic Republic of Congo (RDC) |
| AIR KASAI | 409/CAB/MIN/TVC/036/08 | Unknown | Democratic Republic of Congo (RDC) |
| AIR KATANGA | 409/CAB/MIN/TVC/031/08 | Unknown | Democratic Republic of Congo (RDC) |
| AIR TROPIQUES | 409/CAB/MIN/TVC/029/08 | Unknown | Democratic Republic of Congo (RDC) |
| BLUE AIRLINES | 409/CAB/MIN/TVC/028/08 | BUL | Democratic Republic of Congo (RDC) |
| BRAVO AIR CONGO | 409/CAB/MIN/TC/0090/2006 | BRV | Democratic Republic of Congo (RDC) |
| BUSINESS AVIATION | 409/CAB/MIN/TVC/048/09 | Unknown | Democratic Republic of Congo (RDC) |
| BUSY BEE CONGO | 409/CAB/MIN/TVC/052/09 | Unknown | Democratic Republic of Congo (RDC) |
| CETRACA AVIATION SERVICE | 409/CAB/MIN/TVC/026/08 | CER | Democratic Republic of Congo (RDC) |
| CHC STELLAVIA | 409/CAB/MIN/TC/0050/2006 | Unknown | Democratic Republic of Congo (RDC) |
| CONGO EXPRESS | 409/CAB/MIN/TVC/083/2009 | EXY | Democratic Republic of Congo (RDC) |
| COMPAGNIE AFRICAINE D’AVIATION (CAA) | 409/CAB/MIN/TVC/035/08 | Unknown | Democratic Republic of Congo (RDC) |
| DOREN AIR CONGO | 409/CAB/MIN/TVC/0032/08 | Unknown | Democratic Republic of Congo (RDC) |
| ENTREPRISE WORLD AIRWAYS (EWA) | 409/CAB/MIN/TVC/003/08 | EWS | Democratic Republic of Congo (RDC) |
| FILAIR | 409/CAB/MIN/TVC/037/08 | Unknown | Democratic Republic of Congo (RDC) |
| GALAXY KAVATSI | 409/CAB/MIN/TVC/027/08 | Unknown | Democratic Republic of Congo (RDC) |
| GILEMBE AIR SOUTENANCE (GISAIR) | 409/CAB/MIN/TVC/053/09 | Unknown | Democratic Republic of Congo (RDC) |
| GOMA EXPRESS | 409/CAB/MIN/TC/0051/2006 | Unknown | Democratic Republic of Congo (RDC) |
| GOMAIR | 409/CAB/MIN/TVC/045/09 | Unknown | Democratic Republic of Congo (RDC) |
| HEWA BORA AIRWAYS (HBA) | 409/CAB/MIN/TVC/038/08 | ALX | Democratic Republic of Congo (RDC) |
| INTERNATIONAL TRANS AIR BUSINESS (ITAB) | 409/CAB/MIN/TVC/033/08 | Unknown | Democratic Republic of Congo (RDC) |
| KIN AVIA | 409/CAB/MIN/TVC/042/09 | Unknown | Democratic Republic of Congo (RDC) |
| LIGNES AÉRIENNES CONGOLAISES (LAC) | Ministerial signature (ordonnance No. 78/205) | LCG | Democratic Republic of Congo (RDC) |
| MALU AVIATION | 409/CAB/MIN/TVC/04008 | Unknown | Democratic Republic of Congo (RDC) |
| MANGO AVIATION | 409/CAB/MIN/TVC/034/08 | Unknown | Democratic Republic of Congo (RDC) |
| SAFE AIR COMPANY | 409/CAB/MIN/TVC/025/08 | Unknown | Democratic Republic of Congo (RDC) |
| SERVICES AIR | 409/CAB/MIN/TVC/030/08 | Unknown | Democratic Republic of Congo (RDC) |
| SWALA AVIATION | 409/CAB/MIN/TVC/050/09 | Unknown | Democratic Republic of Congo (RDC) |
| TMK AIR COMMUTER | 409/CAB/MIN/TVC/044/09 | Unknown | Democratic Republic of Congo (RDC) |
| TRACEP CONGO AVIATION | 409/CAB/MIN/TVC/046/09 | Unknown | Democratic Republic of Congo (RDC) |
| TRANS AIR CARGO SERVICES | 409/CAB/MIN/TVC/024/08 | Unknown | Democratic Republic of Congo (RDC) |
| WIMBI DIRA AIRWAYS | 409/CAB/MIN/TVC/039/08 | WDA | Democratic Republic of Congo (RDC) |
| ZAABU INTERNATIONAL | 409/CAB/MIN/TVC/049/09 | Unknown | Democratic Republic of Congo (RDC) |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Djibouti, including | | | Djibouti |
| DAALLO AIRLINES | Unknown | DAO | Djibouti |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Equatorial Guinea, including | | | Equatorial Guinea |
| CRONOS AIRLINES | Unknown | Unknown | Equatorial Guinea |
| CEIBA INTERCONTINENTAL | Unknown | CEL | Equatorial Guinea |
| EGAMS | Unknown | EGM | Equatorial Guinea |
| EUROGUINEANA DE AVIACION Y TRANSPORTES | 2006/001/MTTCT/DGAC/SOPS | EUG | Equatorial Guinea |
| GENERAL WORK AVIACION | 002/ANAC | n/a | Equatorial Guinea |
| GETRA - GUINEA ECUATORIAL DE TRANSPORTES AEREOS | 739 | GET | Equatorial Guinea |
| GUINEA AIRWAYS | 738 | n/a | Equatorial Guinea |
| STAR EQUATORIAL AIRLINES | Unknown | Unknown | Equatorial Guinea |
| UTAGE – UNION DE TRANSPORT AEREO DE GUINEA ECUATORIAL | 737 | UTG | Equatorial Guinea |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Indonesia, with the exception of Garuda Indonesia, Airfast Indonesia, Mandala Airlines, Ekspres Transportasi Antarbenua, Indonesia Air Asia and Metro Batavia, including | | | Republic of Indonesia |
| AIR PACIFIC UTAMA | 135-020 | Unknown | Republic of Indonesia |
| ALFA TRANS DIRGANTATA | 135-012 | Unknown | Republic of Indonesia |
| ASCO NUSA AIR | 135-022 | Unknown | Republic of Indonesia |
| ASI PUDJIASTUTI | 135-028 | Unknown | Republic of Indonesia |
| AVIASTAR MANDIRI | 135-029 | Unknown | Republic of Indonesia |
| CARDIG AIR | 121-013 | Unknown | Republic of Indonesia |
| DABI AIR NUSANTARA | 135-030 | Unknown | Republic of Indonesia |
| DERAYA AIR TAXI | 135-013 | DRY | Republic of Indonesia |
| DERAZONA AIR SERVICE | 135-010 | DRZ | Republic of Indonesia |
| DIRGANTARA AIR SERVICE | 135-014 | DIR | Republic of Indonesia |
| EASTINDO | 135-038 | Unknown | Republic of Indonesia |
| GATARI AIR SERVICE | 135-018 | GHS | Republic of Indonesia |
| INDONESIA AIR TRANSPORT | 135-034 | IDA | Republic of Indonesia |
| INTAN ANGKASA AIR SERVICE | 135-019 | Unknown | Republic of Indonesia |
| JOHNLIN AIR TRANSPORT | 135-043 | Unknown | Republic of Indonesia |
| KAL STAR | 121-037 | KLS | Republic of Indonesia |
| KARTIKA AIRLINES | 121-003 | KAE | Republic of Indonesia |
| KURA-KURA AVIATION | 135-016 | KUR | Republic of Indonesia |
| LION MENTARI AIRLINES | 121-010 | LNI | Republic of Indonesia |
| MANUNGGAL AIR SERVICE | 121-020 | Unknown | Republic of Indonesia |
| MEGANTARA | 121-025 | MKE | Republic of Indonesia |
| MERPATI NUSANTARA AIRLINES | 121-002 | MNA | Republic of Indonesia |
| MIMIKA AIR | 135-007 | Unknown | Republic of Indonesia |
| NATIONAL UTILITY HELICOPTER | 135-011 | Unknown | Republic of Indonesia |
| NUSANTARA AIR CHARTER | 121-022 | Unknown | Republic of Indonesia |
| NUSANTARA BUANA AIR | 135-041 | Unknown | Republic of Indonesia |
| NYAMAN AIR | 135-042 | Unknown | Republic of Indonesia |
| PELITA AIR SERVICE | 121-008 | PAS | Republic of Indonesia |
| PENERBANGAN ANGKASA SEMESTA | 135-026 | Unknown | Republic of Indonesia |
| PURA WISATA BARUNA | 135-025 | Unknown | Republic of Indonesia |
| REPUBLIC EXPRESS AIRLINES | 121-040 | RPH | Republic of Indonesia |
| RIAU AIRLINES | 121-016 | RIU | Republic of Indonesia |
| SAMPOERNA AIR NUSANTARA | 135-036 | SAE | Republic of Indonesia |
| SAYAP GARUDA INDAH | 135-004 | Unknown | Republic of Indonesia |
| SKY AVIATION | 135-044 | Unknown | Republic of Indonesia |
| SMAC | 135-015 | SMC | Republic of Indonesia |
| SRIWIJAYA AIR | 121-035 | SJY | Republic of Indonesia |
| SURVEI UDARA PENAS | 135-006 | Unknown | Republic of Indonesia |
| TRANSWISATA PRIMA AVIATION | 135-021 | Unknown | Republic of Indonesia |
| TRAVEL EXPRESS AVIATION SERVICE | 121-038 | XAR | Republic of Indonesia |
| TRAVIRA UTAMA | 135-009 | Unknown | Republic of Indonesia |
| TRI MG INTRA ASIA AIRLINES | 121-018 | TMG | Republic of Indonesia |
| TRIGANA AIR SERVICE | 121-006 | TGN | Republic of Indonesia |
| UNINDO | 135-040 | Unknown | Republic of Indonesia |
| WING ABADI AIRLINES | 121-012 | WON | Republic of Indonesia |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Kazakhstan, with the exception of Air Astana, including | | | Republic of Kazakhstan |
| AERO AIR COMPANY | Unknown | Unknown | Republic of Kazakhstan |
| AIR ALMATY | AK-0331-07 | LMY | Republic of Kazakhstan |
| AIR COMPANY KOKSHETAU | AK-0357-08 | KRT | Republic of Kazakhstan |
| AIR DIVISION OF EKA | Unknown | Unknown | Republic of Kazakhstan |
| AIR FLAMINGO | Unknown | Unknown | Republic of Kazakhstan |
| AIR TRUST AIRCOMPANY | Unknown | Unknown | Republic of Kazakhstan |
| AK SUNKAR AIRCOMPANY | Unknown | AKS | Republic of Kazakhstan |
| ALMATY AVIATION | Unknown | LMT | Republic of Kazakhstan |
| ARKHABAY | Unknown | KEK | Republic of Kazakhstan |
| ASIA CONTINENTAL AIRLINES | AK-0345-08 | CID | Republic of Kazakhstan |
| ASIA CONTINENTAL AVIALINES | AK-0371-08 | RRK | Republic of Kazakhstan |
| ASIA WINGS | AK-0390-09 | AWA | Republic of Kazakhstan |
| ATMA AIRLINES | AK-0372-08 | AMA | Republic of Kazakhstan |
| ATYRAU AYE JOLY | AK-0321-07 | JOL | Republic of Kazakhstan |
| AVIA-JAYNAR | Unknown | SAP | Republic of Kazakhstan |
| BEYBARS AIRCOMPANY | Unknown | BBS | Republic of Kazakhstan |
| BERKUT AIR/BEK AIR | AK-0311-07 | BKT/BEK | Republic of Kazakhstan |
| BURUNDAYAVIA AIRLINES | AK-0374-08 | BRY | Republic of Kazakhstan |
| COMLUX | AK-0352-08 | KAZ | Republic of Kazakhstan |
| DETA AIR | AK-0344-08 | DET | Republic of Kazakhstan |
| EAST WING | AK-0332-07 | EWZ | Republic of Kazakhstan |
| EASTERN EXPRESS | AK-0358-08 | LIS | Republic of Kazakhstan |
| EURO-ASIA AIR | AK-0384-09 | EAK | Republic of Kazakhstan |
| EURO-ASIA AIR INTERNATIONAL | Unknown | KZE | Republic of Kazakhstan |
| FLY JET KZ | AK-0391-09 | FJK | Republic of Kazakhstan |
| INVESTAVIA | AK-0342-08 | TLG | Republic of Kazakhstan |
| IRTYSH AIR | AK-0381-09 | MZA | Republic of Kazakhstan |
| JET AIRLINES | AK-0349-09 | SOZ | Republic of Kazakhstan |
| JET ONE | AK-0367-08 | JKZ | Republic of Kazakhstan |
| KAZAIR JET | AK-0387-09 | KEJ | Republic of Kazakhstan |
| KAZAIRTRANS AIRLINE | AK-0347-08 | KUY | Republic of Kazakhstan |
| KAZAIRWEST | Unknown | KAW | Republic of Kazakhstan |
| KAZAVIA | Unknown | KKA | Republic of Kazakhstan |
| KAZAVIASPAS | Unknown | KZS | Republic of Kazakhstan |
| KOKSHETAU | AK-0357-08 | KRT | Republic of Kazakhstan |
| MEGA AIRLINES | AK-0356-08 | MGK | Republic of Kazakhstan |
| MIRAS | AK-0315-07 | MIF | Republic of Kazakhstan |
| ORLAN 2000 AIRCOMPANY | Unknown | KOV | Republic of Kazakhstan |
| PANKH CENTER KAZAKHSTAN | Unknown | Unknown | Republic of Kazakhstan |
| PRIME AVIATION | Unknown | PKZ | Republic of Kazakhstan |
| SAMAL AIR | Unknown | SAV | Republic of Kazakhstan |
| SAYAKHAT AIRLINES | AK-0359-08 | SAH | Republic of Kazakhstan |
| SEMEYAVIA | Unknown | SMK | Republic of Kazakhstan |
| SCAT | AK-0350-08 | VSV | Republic of Kazakhstan |
| SKYBUS | AK-0364-08 | BYK | Republic of Kazakhstan |
| SKYJET | AK-0307-09 | SEK | Republic of Kazakhstan |
| UST-KAMENOGORSK | AK-0385-09 | UCK | Republic of Kazakhstan |
| ZHETYSU AIRCOMPANY | Unknown | JTU | Republic of Kazakhstan |
| ZHERSU AVIA | Unknown | RZU | Republic of Kazakhstan |
| ZHEZKAZGANAIR | Unknown | KZH | Republic of Kazakhstan |
| All air carriers certified by the authorities with responsibility for regulatory oversight of the Kyrgyz Republic, including | | | Kyrgyz Republic |
| AIR MANAS | 17 | MBB | Kyrgyz Republic |
| ASIAN AIR | 36 | AAZ | Kyrgyz Republic |
| AVIA TRAFFIC COMPANY | 23 | AVJ | Kyrgyz Republic |
| AEROSTAN (EX BISTAIR-FEZ BISHKEK) | 08 | BSC | Kyrgyz Republic |
| CAAS | 13 | CBK | Kyrgyz Republic |
| CLICK AIRWAYS | 11 | CGK | Kyrgyz Republic |
| DAMES | 20 | DAM | Kyrgyz Republic |
| EASTOK AVIA | 15 | EEA | Kyrgyz Republic |
| GOLDEN RULE AIRLINES | 22 | GRS | Kyrgyz Republic |
| ITEK AIR | 04 | IKA | Kyrgyz Republic |
| KYRGYZ TRANS AVIA | 31 | KTC | Kyrgyz Republic |
| KYRGYZSTAN | 03 | LYN | Kyrgyz Republic |
| KYRGYZSTAN AIRLINE | Unknown | KGA | Kyrgyz Republic |
| MAX AVIA | 33 | MAI | Kyrgyz Republic |
| S GROUP AVIATION | 6 | SGL | Kyrgyz Republic |
| SKY GATE INTERNATIONAL AVIATION | 14 | SGD | Kyrgyz Republic |
| SKY WAY AIR | 21 | SAB | Kyrgyz Republic |
| TENIR AIRLINES | 26 | TEB | Kyrgyz Republic |
| TRAST AERO | 05 | TSJ | Kyrgyz Republic |
| VALOR AIR | 07 | VAC | Kyrgyz Republic |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Liberia. | | | Liberia |
| All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Gabon, with the exception of Gabon Airlines, Afrijet and SN2AG put in Annex B, including | | | Republic of Gabon |
| AFRIC AVIATION | | Unknown | Republic of Gabon |
| AIR SERVICES SA | 004/MTAC/ANAC-G/DSA | RVS | Republic of Gabon |
| AIR TOURIST (ALLEGIANCE) | 007/MTAC/ANAC-G/DSA | LGE | Republic of Gabon |
| NATIONALE ET REGIONALE TRANSPORT (NATIONALE) | 008/MTAC/ANAC-G/DSA | NRG | Republic of Gabon |
| SCD AVIATION | 005/MTAC/ANAC-G/DSA | SCY | Republic of Gabon |
| SKY GABON | 009/MTAC/ANAC-G/DSA | SKG | Republic of Gabon |
| SOLENTA AVIATION GABON | 006/MTAC/ANAC-G/DSA | Unknown | Republic of Gabon |
| All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Mauritania, including | | | Republic of Mauritania |
| MAURITANIA AIRWAYS | | MTW | Republic of Mauritania |
| All air carriers certified by the authorities with responsibility for regulatory oversight of the Philippines, including | | | Republic of the Philippines |
| AEROWURKS AERIAL SPRAYING SERVICES | 2010030 | Unknown | Republic of the Philippines |
| AIR PHILIPPINES CORPORATION | 2009006 | GAP | Republic of the Philippines |
| AIR WOLF AVIATION INC. | 200911 | Unknown | Republic of the Philippines |
| AIRTRACK AGRICULTURAL CORPORATION | 2010027 | Unknown | Republic of the Philippines |
| ASIA AIRCRAFT OVERSEAS PHILIPPINES INC. | 4AN9800036 | Unknown | Republic of the Philippines |
| AVIATION TECHNOLOGY INNOVATORS, INC. | 4AN2007005 | Unknown | Republic of the Philippines |
| AVIATOUR’S FLY’N INC. | 200910 | Unknown | Republic of the Philippines |
| AYALA AVIATION CORP. | 4AN9900003 | Unknown | Republic of the Philippines |
| BEACON | Unknown | Unknown | Republic of the Philippines |
| BENDICE TRANSPORT MANAGEMENT INC. | 4AN2008006 | Unknown | Republic of the Philippines |
| CANADIAN HELICOPTERS PHILIPPINES INC. | 4AN9800025 | Unknown | Republic of the Philippines |
| CEBU PACIFIC AIR | 2009002 | CEB | Republic of the Philippines |
| CHEMTRAD AVIATION CORPORATION | 2009018 | Unknown | Republic of the Philippines |
| CM AERO | 4AN2000001 | Unknown | Republic of the Philippines |
| CORPORATE AIR | Unknown | Unknown | Republic of the Philippines |
| CYCLONE AIRWAYS | 4AN9900008 | Unknown | Republic of the Philippines |
| FAR EAST AVIATION SERVICES | 2009013 | Unknown | Republic of the Philippines |
| F.F. CRUZ AND COMPANY, INC. | 2009017 | Unknown | Republic of the Philippines |
| HUMA CORPORATION | 2009014 | Unknown | Republic of the Philippines |
| INAEC AVIATION CORP. | 4AN2002004 | Unknown | Republic of the Philippines |
| ISLAND AVIATION | 2009009 | SOY | Republic of the Philippines |
| ISLAND TRANSVOYAGER | 2010022 | Unknown | Republic of the Philippines |
| LION AIR, INCORPORATED | 2009019 | Unknown | Republic of the Philippines |
| MACRO ASIA AIR TAXI SERVICES | 2010029 | Unknown | Republic of the Philippines |
| MINDANAO RAINBOW AGRICULTURAL DEVELOPMENT SERVICES | 2009016 | Unknown | Republic of the Philippines |
| MISIBIS AVIATION & DEVELOPMENT CORP | 2010020 | Unknown | Republic of the Philippines |
| OMNI AVIATION CORP. | 2010033 | Unknown | Republic of the Philippines |
| PACIFIC EAST ASIA CARGO AIRLINES, INC. | 4AS9800006 | PEC | Republic of the Philippines |
| PACIFIC AIRWAYS CORPORATION | 4AN9700007 | Unknown | Republic of the Philippines |
| PACIFIC ALLIANCE CORPORATION | 4AN2006001 | Unknown | Republic of the Philippines |
| PHILIPPINE AIRLINES | 2009001 | PAL | Republic of the Philippines |
| PHILIPPINE AGRICULTURAL AVIATION CORP. | 4AN9800015 | Unknown | Republic of the Philippines |
| ROYAL AIR CHARTER SERVICES INC. | 2010024 | Unknown | Republic of the Philippines |
| ROYAL STAR AVIATION, INC. | 2010021 | Unknown | Republic of the Philippines |
| SOUTH EAST ASIA INC. | 2009004 | Unknown | Republic of the Philippines |
| SOUTHSTAR AVIATION COMPANY, INC. | 4AN9800037 | Unknown | Republic of the Philippines |
| SPIRIT OF MANILA AIRLINES CORPORATION | 2009008 | MNP | Republic of the Philippines |
| SUBIC INTERNATIONAL AIR CHARTER | 4AN9900010 | Unknown | Republic of the Philippines |
| SUBIC SEAPLANE, INC. | 4AN2000002 | Unknown | Republic of the Philippines |
| TOPFLITE AIRWAYS, INC. | 4AN9900012 | Unknown | Republic of the Philippines |
| TRANSGLOBAL AIRWAYS CORPORATION | 2009007 | TCU | Republic of the Philippines |
| WORLD AVIATION, CORP. | Unknown | Unknown | Republic of the Philippines |
| WCC AVIATION COMPANY | 2009015 | Unknown | Republic of the Philippines |
| YOKOTA AVIATION, INC. | Unknown | Unknown | Republic of the Philippines |
| ZENITH AIR, INC. | 2009012 | Unknown | Republic of the Philippines |
| ZEST AIRWAYS INCORPORATED | 2009003 | RIT | Republic of the Philippines |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Sao Tome and Principe, including | | | Sao Tome and Principe |
| AFRICA CONNECTION | 10/AOC/2008 | Unknown | Sao Tome and Principe |
| BRITISH GULF INTERNATIONAL COMPANY LTD | 01/AOC/2007 | BGI | Sao Tome and Principe |
| EXECUTIVE JET SERVICES | 03/AOC/2006 | EJZ | Sao Tome and Principe |
| GLOBAL AVIATION OPERATION | 04/AOC/2006 | Unknown | Sao Tome and Principe |
| GOLIAF AIR | 05/AOC/2001 | GLE | Sao Tome and Principe |
| ISLAND OIL EXPLORATION | 01/AOC/2008 | Unknown | Sao Tome and Principe |
| STP AIRWAYS | 03/AOC/2006 | STP | Sao Tome and Principe |
| TRANSAFRIK INTERNATIONAL LTD | 02/AOC/2002 | TFK | Sao Tome and Principe |
| TRANSCARG | 01/AOC/2009 | Unknown | Sao Tome and Principe |
| TRANSLIZ AVIATION (TMS) | 02/AOC/2007 | TMS | Sao Tome and Principe |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Sierra Leone, including | | | Sierra Leone |
| AIR RUM, LTD | Unknown | RUM | Sierra Leone |
| DESTINY AIR SERVICES, LTD | Unknown | DTY | Sierra Leone |
| HEAVYLIFT CARGO | Unknown | Unknown | Sierra Leone |
| ORANGE AIR SIERRA LEONE LTD | Unknown | ORJ | Sierra Leone |
| PARAMOUNT AIRLINES, LTD | Unknown | PRR | Sierra Leone |
| SEVEN FOUR EIGHT AIR SERVICES LTD | Unknown | SVT | Sierra Leone |
| TEEBAH AIRWAYS | Unknown | Unknown | Sierra Leone |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Sudan, including | | | Republic of Sudan |
| SUDAN AIRWAYS | Unknown | SUD | Republic of the Sudan |
| SUN AIR COMPANY | 051 | SNR | Republic of the Sudan |
| MARSLAND COMPANY | 040 | MSL | Republic of the Sudan |
| ATTICO AIRLINES | 023 | ETC | Republic of the Sudan |
| FOURTY EIGHT AVIATION | 054 | WHB | Republic of the Sudan |
| SUDANESE STATES AVIATION COMPANY | 010 | SNV | Republic of the Sudan |
| ALMAJARA AVIATION | Unknown | MJA | Republic of the Sudan |
| BADER AIRLINES | 035 | BDR | Republic of the Sudan |
| ALFA AIRLINES | 054 | AAJ | Republic of the Sudan |
| AZZA TRANSPORT COMPANY | 012 | AZZ | Republic of the Sudan |
| GREEN FLAG AVIATION | 017 | Unkown | Republic of the Sudan |
| ALMAJAL AVIATION SERVICE | 015 | MGG | Republic of the Sudan |
| NOVA AIRLINES | 001 | NOV | Republic of the Sudan |
| TARCO AIRLINES | 056 | Unknown | Republic of the Sudan |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Swaziland, including | | | Swaziland |
| SWAZILAND AIRLINK | Unknown | SZL | Swaziland |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Zambia, including | | | Zambia |
| ZAMBEZI AIRLINES | Z/AOC/001/2009 | ZMA | Zambia |

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

Air Operator Certificate (AOC) Number or Operating Licence Number

ICAO airline designation number

State of the Operator

BLUE WING AIRLINES

SRBWA-01/2002

BWI

Suriname

MERIDIAN AIRWAYS LTD

AOC 023

MAG

Republic of Ghana

SIEM REAP AIRWAYS INTERNATIONAL

AOC/013/00

SRH

Kingdom of Cambodia

SILVERBACK CARGO FREIGHTERS

Unknown

VRB

Republic of Rwanda

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

Islamic Republic of Afghanistan

ARIANA AFGHAN AIRLINES

AOC 009

AFG

Islamic Republic of Afghanistan

KAM AIR

AOC 001

KMF

Islamic Republic of Afghanistan

PAMIR AIRLINES

Unknown

PIR

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

015

Unknown

Republic of Angola

AIR26

004

DCD

Republic of Angola

AIR GEMINI

002

GLL

Republic of Angola

AIR GICANGO

009

Unknown

Republic of Angola

AIR JET

003

MBC

Republic of Angola

AIR NAVE

017

Unknown

Republic of Angola

ALADA

005

RAD

Republic of Angola

ANGOLA AIR SERVICES

006

Unknown

Republic of Angola

DIEXIM

007

Unknown

Republic of Angola

GIRA GLOBO

008

GGL

Republic of Angola

HELIANG

010

Unknown

Republic of Angola

HELIMALONGO

011

Unknown

Republic of Angola

MAVEWA

016

Unknown

Republic of Angola

PHA

019

Unknown

Republic of Angola

RUI & CONCEICAO

012

Unknown

Republic of Angola

SAL

013

Unknown

Republic of Angola

SERVISAIR

018

Unknown

Republic of Angola

SONAIR

014

SOR

Republic of Angola

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

Republic of Benin

AERO BENIN

PEA No 014/MDCTTTATP-PR/ANAC/DEA/SCS

AEB

Republic of Benin

AFRICA AIRWAYS

Unknown

AFF

Republic of Benin

ALAFIA JET

PEA No 014/ANAC/MDCTTTATP-PR/DEA/SCS

N/A

Republic of Benin

BENIN GOLF AIR

PEA No 012/MDCTTP-PR/ANAC/DEA/SCS.

BGL

Republic of Benin

BENIN LITTORAL AIRWAYS

PEA No 013/MDCTTTATP-PR/ANAC/DEA/SCS.

LTL

Republic of Benin

COTAIR

PEA No 015/MDCTTTATP-PR/ANAC/DEA/SCS.

COB

Republic of Benin

ROYAL AIR

PEA No 11/ANAC/MDCTTP-PR/DEA/SCS

BNR

Republic of Benin

TRANS AIR BENIN

PEA No 016/MDCTTTATP-PR/ANAC/DEA/SCS

TNB

Republic of Benin

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

Republic of Congo

AERO SERVICE

RAC06-002

RSR

Republic of Congo

EQUAFLIGHT SERVICES

RAC 06-003

EKA

Republic of Congo

SOCIETE NOUVELLE AIR CONGO

RAC 06-004

Unknown

Republic of Congo

TRANS AIR CONGO

RAC 06-001

Unknown

Republic of Congo

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

Democratic Republic of Congo (RDC)

AFRICAN AIR SERVICES COMMUTER

409/CAB/MIN/TVC/051/09

Unknown

Democratic Republic of Congo (RDC)

AIR KASAI

409/CAB/MIN/TVC/036/08

Unknown

Democratic Republic of Congo (RDC)

AIR KATANGA

409/CAB/MIN/TVC/031/08

Unknown

Democratic Republic of Congo (RDC)

AIR TROPIQUES

409/CAB/MIN/TVC/029/08

Unknown

Democratic Republic of Congo (RDC)

BLUE AIRLINES

409/CAB/MIN/TVC/028/08

BUL

Democratic Republic of Congo (RDC)

BRAVO AIR CONGO

409/CAB/MIN/TC/0090/2006

BRV

Democratic Republic of Congo (RDC)

BUSINESS AVIATION

409/CAB/MIN/TVC/048/09

Unknown

Democratic Republic of Congo (RDC)

BUSY BEE CONGO

409/CAB/MIN/TVC/052/09

Unknown

Democratic Republic of Congo (RDC)

CETRACA AVIATION SERVICE

409/CAB/MIN/TVC/026/08

CER

Democratic Republic of Congo (RDC)

CHC STELLAVIA

409/CAB/MIN/TC/0050/2006

Unknown

Democratic Republic of Congo (RDC)

CONGO EXPRESS

409/CAB/MIN/TVC/083/2009

EXY

Democratic Republic of Congo (RDC)

COMPAGNIE AFRICAINE D’AVIATION (CAA)

409/CAB/MIN/TVC/035/08

Unknown

Democratic Republic of Congo (RDC)

DOREN AIR CONGO

409/CAB/MIN/TVC/0032/08

Unknown

Democratic Republic of Congo (RDC)

ENTREPRISE WORLD AIRWAYS (EWA)

409/CAB/MIN/TVC/003/08

EWS

Democratic Republic of Congo (RDC)

FILAIR

409/CAB/MIN/TVC/037/08

Unknown

Democratic Republic of Congo (RDC)

GALAXY KAVATSI

409/CAB/MIN/TVC/027/08

Unknown

Democratic Republic of Congo (RDC)

GILEMBE AIR SOUTENANCE (GISAIR)

409/CAB/MIN/TVC/053/09

Unknown

Democratic Republic of Congo (RDC)

GOMA EXPRESS

409/CAB/MIN/TC/0051/2006

Unknown

Democratic Republic of Congo (RDC)

GOMAIR

409/CAB/MIN/TVC/045/09

Unknown

Democratic Republic of Congo (RDC)

HEWA BORA AIRWAYS (HBA)

409/CAB/MIN/TVC/038/08

ALX

Democratic Republic of Congo (RDC)

INTERNATIONAL TRANS AIR BUSINESS (ITAB)

409/CAB/MIN/TVC/033/08

Unknown

Democratic Republic of Congo (RDC)

KIN AVIA

409/CAB/MIN/TVC/042/09

Unknown

Democratic Republic of Congo (RDC)

LIGNES AÉRIENNES CONGOLAISES (LAC)

Ministerial signature (ordonnance No. 78/205)

LCG

Democratic Republic of Congo (RDC)

MALU AVIATION

409/CAB/MIN/TVC/04008

Unknown

Democratic Republic of Congo (RDC)

MANGO AVIATION

409/CAB/MIN/TVC/034/08

Unknown

Democratic Republic of Congo (RDC)

SAFE AIR COMPANY

409/CAB/MIN/TVC/025/08

Unknown

Democratic Republic of Congo (RDC)

SERVICES AIR

409/CAB/MIN/TVC/030/08

Unknown

Democratic Republic of Congo (RDC)

SWALA AVIATION

409/CAB/MIN/TVC/050/09

Unknown

Democratic Republic of Congo (RDC)

TMK AIR COMMUTER

409/CAB/MIN/TVC/044/09

Unknown

Democratic Republic of Congo (RDC)

TRACEP CONGO AVIATION

409/CAB/MIN/TVC/046/09

Unknown

Democratic Republic of Congo (RDC)

TRANS AIR CARGO SERVICES

409/CAB/MIN/TVC/024/08

Unknown

Democratic Republic of Congo (RDC)

WIMBI DIRA AIRWAYS

409/CAB/MIN/TVC/039/08

WDA

Democratic Republic of Congo (RDC)

ZAABU INTERNATIONAL

409/CAB/MIN/TVC/049/09

Unknown

Democratic Republic of Congo (RDC)

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

Djibouti

DAALLO AIRLINES

Unknown

DAO

Djibouti

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

Equatorial Guinea

CRONOS AIRLINES

Unknown

Unknown

Equatorial Guinea

CEIBA INTERCONTINENTAL

Unknown

CEL

Equatorial Guinea

EGAMS

Unknown

EGM

Equatorial Guinea

EUROGUINEANA DE AVIACION Y TRANSPORTES

2006/001/MTTCT/DGAC/SOPS

EUG

Equatorial Guinea

GENERAL WORK AVIACION

002/ANAC

n/a

Equatorial Guinea

GETRA - GUINEA ECUATORIAL DE TRANSPORTES AEREOS

739

GET

Equatorial Guinea

GUINEA AIRWAYS

738

n/a

Equatorial Guinea

STAR EQUATORIAL AIRLINES

Unknown

Unknown

Equatorial Guinea

UTAGE – UNION DE TRANSPORT AEREO DE GUINEA ECUATORIAL

737

UTG

Equatorial Guinea

All air carriers certified by the authorities with responsibility for regulatory oversight of Indonesia, with the exception of Garuda Indonesia, Airfast Indonesia, Mandala Airlines, Ekspres Transportasi Antarbenua, Indonesia Air Asia and Metro Batavia, including

Republic of Indonesia

AIR PACIFIC UTAMA

135-020

Unknown

Republic of Indonesia

ALFA TRANS DIRGANTATA

135-012

Unknown

Republic of Indonesia

ASCO NUSA AIR

135-022

Unknown

Republic of Indonesia

ASI PUDJIASTUTI

135-028

Unknown

Republic of Indonesia

AVIASTAR MANDIRI

135-029

Unknown

Republic of Indonesia

CARDIG AIR

121-013

Unknown

Republic of Indonesia

DABI AIR NUSANTARA

135-030

Unknown

Republic of Indonesia

DERAYA AIR TAXI

135-013

DRY

Republic of Indonesia

DERAZONA AIR SERVICE

135-010

DRZ

Republic of Indonesia

DIRGANTARA AIR SERVICE

135-014

DIR

Republic of Indonesia

EASTINDO

135-038

Unknown

Republic of Indonesia

GATARI AIR SERVICE

135-018

GHS

Republic of Indonesia

INDONESIA AIR TRANSPORT

135-034

IDA

Republic of Indonesia

INTAN ANGKASA AIR SERVICE

135-019

Unknown

Republic of Indonesia

JOHNLIN AIR TRANSPORT

135-043

Unknown

Republic of Indonesia

KAL STAR

121-037

KLS

Republic of Indonesia

KARTIKA AIRLINES

121-003

KAE

Republic of Indonesia

KURA-KURA AVIATION

135-016

KUR

Republic of Indonesia

LION MENTARI AIRLINES

121-010

LNI

Republic of Indonesia

MANUNGGAL AIR SERVICE

121-020

Unknown

Republic of Indonesia

MEGANTARA

121-025

MKE

Republic of Indonesia

MERPATI NUSANTARA AIRLINES

121-002

MNA

Republic of Indonesia

MIMIKA AIR

135-007

Unknown

Republic of Indonesia

NATIONAL UTILITY HELICOPTER

135-011

Unknown

Republic of Indonesia

NUSANTARA AIR CHARTER

121-022

Unknown

Republic of Indonesia

NUSANTARA BUANA AIR

135-041

Unknown

Republic of Indonesia

NYAMAN AIR

135-042

Unknown

Republic of Indonesia

PELITA AIR SERVICE

121-008

PAS

Republic of Indonesia

PENERBANGAN ANGKASA SEMESTA

135-026

Unknown

Republic of Indonesia

PURA WISATA BARUNA

135-025

Unknown

Republic of Indonesia

REPUBLIC EXPRESS AIRLINES

121-040

RPH

Republic of Indonesia

RIAU AIRLINES

121-016

RIU

Republic of Indonesia

SAMPOERNA AIR NUSANTARA

135-036

SAE

Republic of Indonesia

SAYAP GARUDA INDAH

135-004

Unknown

Republic of Indonesia

SKY AVIATION

135-044

Unknown

Republic of Indonesia

SMAC

135-015

SMC

Republic of Indonesia

SRIWIJAYA AIR

121-035

SJY

Republic of Indonesia

SURVEI UDARA PENAS

135-006

Unknown

Republic of Indonesia

TRANSWISATA PRIMA AVIATION

135-021

Unknown

Republic of Indonesia

TRAVEL EXPRESS AVIATION SERVICE

121-038

XAR

Republic of Indonesia

TRAVIRA UTAMA

135-009

Unknown

Republic of Indonesia

TRI MG INTRA ASIA AIRLINES

121-018

TMG

Republic of Indonesia

TRIGANA AIR SERVICE

121-006

TGN

Republic of Indonesia

UNINDO

135-040

Unknown

Republic of Indonesia

WING ABADI AIRLINES

121-012

WON

Republic of Indonesia

All air carriers certified by the authorities with responsibility for regulatory oversight of Kazakhstan, with the exception of Air Astana, including

Republic of Kazakhstan

AERO AIR COMPANY

Unknown

Unknown

Republic of Kazakhstan

AIR ALMATY

AK-0331-07

LMY

Republic of Kazakhstan

AIR COMPANY KOKSHETAU

AK-0357-08

KRT

Republic of Kazakhstan

AIR DIVISION OF EKA

Unknown

Unknown

Republic of Kazakhstan

AIR FLAMINGO

Unknown

Unknown

Republic of Kazakhstan

AIR TRUST AIRCOMPANY

Unknown

Unknown

Republic of Kazakhstan

AK SUNKAR AIRCOMPANY

Unknown

AKS

Republic of Kazakhstan

ALMATY AVIATION

Unknown

LMT

Republic of Kazakhstan

ARKHABAY

Unknown

KEK

Republic of Kazakhstan

ASIA CONTINENTAL AIRLINES

AK-0345-08

CID

Republic of Kazakhstan

ASIA CONTINENTAL AVIALINES

AK-0371-08

RRK

Republic of Kazakhstan

ASIA WINGS

AK-0390-09

AWA

Republic of Kazakhstan

ATMA AIRLINES

AK-0372-08

AMA

Republic of Kazakhstan

ATYRAU AYE JOLY

AK-0321-07

JOL

Republic of Kazakhstan

AVIA-JAYNAR

Unknown

SAP

Republic of Kazakhstan

BEYBARS AIRCOMPANY

Unknown

BBS

Republic of Kazakhstan

BERKUT AIR/BEK AIR

AK-0311-07

BKT/BEK

Republic of Kazakhstan

BURUNDAYAVIA AIRLINES

AK-0374-08

BRY

Republic of Kazakhstan

COMLUX

AK-0352-08

KAZ

Republic of Kazakhstan

DETA AIR

AK-0344-08

DET

Republic of Kazakhstan

EAST WING

AK-0332-07

EWZ

Republic of Kazakhstan

EASTERN EXPRESS

AK-0358-08

LIS

Republic of Kazakhstan

EURO-ASIA AIR

AK-0384-09

EAK

Republic of Kazakhstan

EURO-ASIA AIR INTERNATIONAL

Unknown

KZE

Republic of Kazakhstan

FLY JET KZ

AK-0391-09

FJK

Republic of Kazakhstan

INVESTAVIA

AK-0342-08

TLG

Republic of Kazakhstan

IRTYSH AIR

AK-0381-09

MZA

Republic of Kazakhstan

JET AIRLINES

AK-0349-09

SOZ

Republic of Kazakhstan

JET ONE

AK-0367-08

JKZ

Republic of Kazakhstan

KAZAIR JET

AK-0387-09

KEJ

Republic of Kazakhstan

KAZAIRTRANS AIRLINE

AK-0347-08

KUY

Republic of Kazakhstan

KAZAIRWEST

Unknown

KAW

Republic of Kazakhstan

KAZAVIA

Unknown

KKA

Republic of Kazakhstan

KAZAVIASPAS

Unknown

KZS

Republic of Kazakhstan

KOKSHETAU

AK-0357-08

KRT

Republic of Kazakhstan

MEGA AIRLINES

AK-0356-08

MGK

Republic of Kazakhstan

MIRAS

AK-0315-07

MIF

Republic of Kazakhstan

ORLAN 2000 AIRCOMPANY

Unknown

KOV

Republic of Kazakhstan

PANKH CENTER KAZAKHSTAN

Unknown

Unknown

Republic of Kazakhstan

PRIME AVIATION

Unknown

PKZ

Republic of Kazakhstan

SAMAL AIR

Unknown

SAV

Republic of Kazakhstan

SAYAKHAT AIRLINES

AK-0359-08

SAH

Republic of Kazakhstan

SEMEYAVIA

Unknown

SMK

Republic of Kazakhstan

SCAT

AK-0350-08

VSV

Republic of Kazakhstan

SKYBUS

AK-0364-08

BYK

Republic of Kazakhstan

SKYJET

AK-0307-09

SEK

Republic of Kazakhstan

UST-KAMENOGORSK

AK-0385-09

UCK

Republic of Kazakhstan

ZHETYSU AIRCOMPANY

Unknown

JTU

Republic of Kazakhstan

ZHERSU AVIA

Unknown

RZU

Republic of Kazakhstan

ZHEZKAZGANAIR

Unknown

KZH

Republic of Kazakhstan

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

Kyrgyz Republic

AIR MANAS

17

MBB

Kyrgyz Republic

ASIAN AIR

36

AAZ

Kyrgyz Republic

AVIA TRAFFIC COMPANY

23

AVJ

Kyrgyz Republic

AEROSTAN (EX BISTAIR-FEZ BISHKEK)

08

BSC

Kyrgyz Republic

CAAS

13

CBK

Kyrgyz Republic

CLICK AIRWAYS

11

CGK

Kyrgyz Republic

DAMES

20

DAM

Kyrgyz Republic

EASTOK AVIA

15

EEA

Kyrgyz Republic

GOLDEN RULE AIRLINES

22

GRS

Kyrgyz Republic

ITEK AIR

04

IKA

Kyrgyz Republic

KYRGYZ TRANS AVIA

31

KTC

Kyrgyz Republic

KYRGYZSTAN

03

LYN

Kyrgyz Republic

KYRGYZSTAN AIRLINE

Unknown

KGA

Kyrgyz Republic

MAX AVIA

33

MAI

Kyrgyz Republic

S GROUP AVIATION

6

SGL

Kyrgyz Republic

SKY GATE INTERNATIONAL AVIATION

14

SGD

Kyrgyz Republic

SKY WAY AIR

21

SAB

Kyrgyz Republic

TENIR AIRLINES

26

TEB

Kyrgyz Republic

TRAST AERO

05

TSJ

Kyrgyz Republic

VALOR AIR

07

VAC

Kyrgyz Republic

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

Liberia

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

Republic of Gabon

AFRIC AVIATION

Unknown

Republic of Gabon

AIR SERVICES SA

004/MTAC/ANAC-G/DSA

RVS

Republic of Gabon

AIR TOURIST (ALLEGIANCE)

007/MTAC/ANAC-G/DSA

LGE

Republic of Gabon

NATIONALE ET REGIONALE TRANSPORT (NATIONALE)

008/MTAC/ANAC-G/DSA

NRG

Republic of Gabon

SCD AVIATION

005/MTAC/ANAC-G/DSA

SCY

Republic of Gabon

SKY GABON

009/MTAC/ANAC-G/DSA

SKG

Republic of Gabon

SOLENTA AVIATION GABON

006/MTAC/ANAC-G/DSA

Unknown

Republic of Gabon

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

Republic of Mauritania

MAURITANIA AIRWAYS

MTW

Republic of Mauritania

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

Republic of the Philippines

AEROWURKS AERIAL SPRAYING SERVICES

2010030

Unknown

Republic of the Philippines

AIR PHILIPPINES CORPORATION

2009006

GAP

Republic of the Philippines

AIR WOLF AVIATION INC.

200911

Unknown

Republic of the Philippines

AIRTRACK AGRICULTURAL CORPORATION

2010027

Unknown

Republic of the Philippines

ASIA AIRCRAFT OVERSEAS PHILIPPINES INC.

4AN9800036

Unknown

Republic of the Philippines

AVIATION TECHNOLOGY INNOVATORS, INC.

4AN2007005

Unknown

Republic of the Philippines

AVIATOUR’S FLY’N INC.

200910

Unknown

Republic of the Philippines

AYALA AVIATION CORP.

4AN9900003

Unknown

Republic of the Philippines

BEACON

Unknown

Unknown

Republic of the Philippines

BENDICE TRANSPORT MANAGEMENT INC.

4AN2008006

Unknown

Republic of the Philippines

CANADIAN HELICOPTERS PHILIPPINES INC.

4AN9800025

Unknown

Republic of the Philippines

CEBU PACIFIC AIR

2009002

CEB

Republic of the Philippines

CHEMTRAD AVIATION CORPORATION

2009018

Unknown

Republic of the Philippines

CM AERO

4AN2000001

Unknown

Republic of the Philippines

CORPORATE AIR

Unknown

Unknown

Republic of the Philippines

CYCLONE AIRWAYS

4AN9900008

Unknown

Republic of the Philippines

FAR EAST AVIATION SERVICES

2009013

Unknown

Republic of the Philippines

F.F. CRUZ AND COMPANY, INC.

2009017

Unknown

Republic of the Philippines

HUMA CORPORATION

2009014

Unknown

Republic of the Philippines

INAEC AVIATION CORP.

4AN2002004

Unknown

Republic of the Philippines

ISLAND AVIATION

2009009

SOY

Republic of the Philippines

ISLAND TRANSVOYAGER

2010022

Unknown

Republic of the Philippines

LION AIR, INCORPORATED

2009019

Unknown

Republic of the Philippines

MACRO ASIA AIR TAXI SERVICES

2010029

Unknown

Republic of the Philippines

MINDANAO RAINBOW AGRICULTURAL DEVELOPMENT SERVICES

2009016

Unknown

Republic of the Philippines

MISIBIS AVIATION & DEVELOPMENT CORP

2010020

Unknown

Republic of the Philippines

OMNI AVIATION CORP.

2010033

Unknown

Republic of the Philippines

PACIFIC EAST ASIA CARGO AIRLINES, INC.

4AS9800006

PEC

Republic of the Philippines

PACIFIC AIRWAYS CORPORATION

4AN9700007

Unknown

Republic of the Philippines

PACIFIC ALLIANCE CORPORATION

4AN2006001

Unknown

Republic of the Philippines

PHILIPPINE AIRLINES

2009001

PAL

Republic of the Philippines

PHILIPPINE AGRICULTURAL AVIATION CORP.

4AN9800015

Unknown

Republic of the Philippines

ROYAL AIR CHARTER SERVICES INC.

2010024

Unknown

Republic of the Philippines

ROYAL STAR AVIATION, INC.

2010021

Unknown

Republic of the Philippines

SOUTH EAST ASIA INC.

2009004

Unknown

Republic of the Philippines

SOUTHSTAR AVIATION COMPANY, INC.

4AN9800037

Unknown

Republic of the Philippines

SPIRIT OF MANILA AIRLINES CORPORATION

2009008

MNP

Republic of the Philippines

SUBIC INTERNATIONAL AIR CHARTER

4AN9900010

Unknown

Republic of the Philippines

SUBIC SEAPLANE, INC.

4AN2000002

Unknown

Republic of the Philippines

TOPFLITE AIRWAYS, INC.

4AN9900012

Unknown

Republic of the Philippines

TRANSGLOBAL AIRWAYS CORPORATION

2009007

TCU

Republic of the Philippines

WORLD AVIATION, CORP.

Unknown

Unknown

Republic of the Philippines

WCC AVIATION COMPANY

2009015

Unknown

Republic of the Philippines

YOKOTA AVIATION, INC.

Unknown

Unknown

Republic of the Philippines

ZENITH AIR, INC.

2009012

Unknown

Republic of the Philippines

ZEST AIRWAYS INCORPORATED

2009003

RIT

Republic of the Philippines

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

Sao Tome and Principe

AFRICA CONNECTION

10/AOC/2008

Unknown

Sao Tome and Principe

BRITISH GULF INTERNATIONAL COMPANY LTD

01/AOC/2007

BGI

Sao Tome and Principe

EXECUTIVE JET SERVICES

03/AOC/2006

EJZ

Sao Tome and Principe

GLOBAL AVIATION OPERATION

04/AOC/2006

Unknown

Sao Tome and Principe

GOLIAF AIR

05/AOC/2001

GLE

Sao Tome and Principe

ISLAND OIL EXPLORATION

01/AOC/2008

Unknown

Sao Tome and Principe

STP AIRWAYS

03/AOC/2006

STP

Sao Tome and Principe

TRANSAFRIK INTERNATIONAL LTD

02/AOC/2002

TFK

Sao Tome and Principe

TRANSCARG

01/AOC/2009

Unknown

Sao Tome and Principe

TRANSLIZ AVIATION (TMS)

02/AOC/2007

TMS

Sao Tome and Principe

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

Sierra Leone

AIR RUM, LTD

Unknown

RUM

Sierra Leone

DESTINY AIR SERVICES, LTD

Unknown

DTY

Sierra Leone

HEAVYLIFT CARGO

Unknown

Unknown

Sierra Leone

ORANGE AIR SIERRA LEONE LTD

Unknown

ORJ

Sierra Leone

PARAMOUNT AIRLINES, LTD

Unknown

PRR

Sierra Leone

SEVEN FOUR EIGHT AIR SERVICES LTD

Unknown

SVT

Sierra Leone

TEEBAH AIRWAYS

Unknown

Unknown

Sierra Leone

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

Republic of Sudan

SUDAN AIRWAYS

Unknown

SUD

Republic of the Sudan

SUN AIR COMPANY

051

SNR

Republic of the Sudan

MARSLAND COMPANY

040

MSL

Republic of the Sudan

ATTICO AIRLINES

023

ETC

Republic of the Sudan

FOURTY EIGHT AVIATION

054

WHB

Republic of the Sudan

SUDANESE STATES AVIATION COMPANY

010

SNV

Republic of the Sudan

ALMAJARA AVIATION

Unknown

MJA

Republic of the Sudan

BADER AIRLINES

035

BDR

Republic of the Sudan

ALFA AIRLINES

054

AAJ

Republic of the Sudan

AZZA TRANSPORT COMPANY

012

AZZ

Republic of the Sudan

GREEN FLAG AVIATION

017

Unkown

Republic of the Sudan

ALMAJAL AVIATION SERVICE

015

MGG

Republic of the Sudan

NOVA AIRLINES

001

NOV

Republic of the Sudan

TARCO AIRLINES

056

Unknown

Republic of the Sudan

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

Swaziland

SWAZILAND AIRLINK

Unknown

SZL

Swaziland

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

Zambia

ZAMBEZI AIRLINES

Z/AOC/001/2009

ZMA

Zambia

---

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

---

ANNEX B

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

| Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different) | Air Operator Certificate (AOC) Number | ICAO airline designation number | State of the Operator | Aircraft type restricted | Registration mark(s) and, when available, construction serial number(s) | State of registry |
| --- | --- | --- | --- | --- | --- | --- |
| AIR KORYO | GAC-AOC/KOR-01 | KOR | DPRK | All fleet with the exception of: 2 aircraft of type Tu- 204 | All fleet with the exception of: P-632, P-633 | DPRK |
| AFRIJET (2) | 002/MTAC/ANAC-G/DSA | | 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 |
| AIR ASTANA (3) | AK-0388-09 | KZR | Kazakhstan | All fleet with the exception of: 2 aircraft of type B767; 4 aircraft of type B757; 10 aircraft of type A319/320/321; 5 aircraft of type Fokker 50 | All fleet with the exception of: P4-KCA, P4-KCB; P4-EAS, P4-FAS, P4-GAS, P4-MAS; P4-NAS, P4-OAS, P4-PAS, P4-SAS, P4-TAS, P4-UAS, P4-VAS, P4-WAS, P4-YAS, P4-XAS; P4-HAS, P4-IAS, P4-JAS, P4-KAS, P4-LAS | Aruba (Kingdom of the Netherlands) |
| AIRLIFT INTERNATIONAL (GH) LTD | AOC 017 | ALE | Republic of Ghana | All fleet with the exception of: 2 aircraft of type DC8-63F | All fleet with the exception of: 9G-TOP and 9G-RAC | Republic of Ghana |
| AIR SERVICE COMORES | 06-819/TA-15/DGACM | KMD | Comoros | All fleet with the exception of: LET 410 UVP | All fleet with the exception of: D6-CAM (851336) | Comoros |
| GABON AIRLINES (4) | 001/MTAC/ANAC | GBK | Republic of Gabon | All fleet with the exception of: 1 aircraft of type Boeing B-767-200 | All fleet with the exception of: TR-LHP | Republic of Gabon |
| IRAN AIR (5) | FS100 | IRA | Islamic Republic of Iran | All fleet with the exception of:
  14 aircraft of type A300, 8 aircraft of type A310, 1 aircraft B737 | All fleet with the exception of: | EP-IBA |

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

Air Operator Certificate (AOC) Number

ICAO airline designation number

State of the Operator

Aircraft type restricted

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

State of registry

AIR KORYO

GAC-AOC/KOR-01

KOR

DPRK

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

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

DPRK

AFRIJET (2)

002/MTAC/ANAC-G/DSA

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

AIR ASTANA (3)

AK-0388-09

KZR

Kazakhstan

All fleet with the exception of: 2 aircraft of type B767; 4 aircraft of type B757; 10 aircraft of type A319/320/321; 5 aircraft of type Fokker 50

All fleet with the exception of: P4-KCA, P4-KCB; P4-EAS, P4-FAS, P4-GAS, P4-MAS; P4-NAS, P4-OAS, P4-PAS, P4-SAS, P4-TAS, P4-UAS, P4-VAS, P4-WAS, P4-YAS, P4-XAS; P4-HAS, P4-IAS, P4-JAS, P4-KAS, P4-LAS

Aruba (Kingdom of the Netherlands)

AIRLIFT INTERNATIONAL (GH) LTD

AOC 017

ALE

Republic of Ghana

All fleet with the exception of: 2 aircraft of type DC8-63F

All fleet with the exception of: 9G-TOP and 9G-RAC

Republic of Ghana

AIR SERVICE COMORES

06-819/TA-15/DGACM

KMD

Comoros

All fleet with the exception of: LET 410 UVP

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

Comoros

GABON AIRLINES (4)

001/MTAC/ANAC

GBK

Republic of Gabon

All fleet with the exception of: 1 aircraft of type Boeing B-767-200

All fleet with the exception of: TR-LHP

Republic of Gabon

IRAN AIR (5)

FS100

IRA

Islamic Republic of Iran

All fleet with the exception of:

14 aircraft of type A300, 8 aircraft of type A310, 1 aircraft B737

All fleet with the exception of:

EP-IBA

| | EP-IBB |
| --- | --- |

EP-IBB

| | EP-IBC |
| --- | --- |

EP-IBC

| | EP-IBD |
| --- | --- |

EP-IBD

| | EP-IBG |
| --- | --- |

EP-IBG

| | EP-IBH |
| --- | --- |

EP-IBH

| | EP-IBI |
| --- | --- |

EP-IBI

| | EP-IBJ |
| --- | --- |

EP-IBJ

| | EP-IBM |
| --- | --- |

EP-IBM

| | EP-IBN |
| --- | --- |

EP-IBN

| | EP-IBO |
| --- | --- |

EP-IBO

| | EP-IBS |
| --- | --- |

EP-IBS

| | EP-IBT |
| --- | --- |

EP-IBT

| | EP-IBV |
| --- | --- |

EP-IBV

| | EP-IBX |
| --- | --- |

EP-IBX

| | EP-IBZ |
| --- | --- |

EP-IBZ

| | EP-ICE |
| --- | --- |

EP-ICE

| | EP-ICF |
| --- | --- |

EP-ICF

| | EP-IBK |
| --- | --- |

EP-IBK

| | EP-IBL |
| --- | --- |

EP-IBL

| | EP-IBP |
| --- | --- |

EP-IBP

| | EP-IBQ |
| --- | --- |

EP-IBQ

| | EP-AGA |
| --- | --- |

EP-AGA

Islamic Republic of Iran

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 CL601; 1 aircraft of type HS-125-800

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

Republic of Gabon; Republic of South Africa

TAAG ANGOLA AIRLINES

001

DTA

Republic of Angola

All fleet with the exception of: 3 aircraft of type Boeing B-777 and 4 aircraft of type Boeing B-737-700

All fleet with the exception of: D2-TED, D2-TEE, D2-TEF, D2-TBF, D2, TBG, D2-TBH, D2-TBJ

Republic of Angola

UKRAINIAN MEDITERRANEAN

164

UKM

Ukraine

All fleet with the exception of: one aircraft of type MD-83

All fleet with the exception of: UR-CFF

Ukraine

---

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

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

(3)  Air Astana is only allowed to use the specific aircraft mentioned for its current operations within the European Union.

(4)  Gabon Airlines is only allowed to use the specific aircraft mentioned for its current operations within the European Community.

(5)  Iran Air is allowed to operate to the European Union using the specific aircraft under the conditions set out in recital (69) Regulation (EU) No 590/2010, OJ L 170, 6.7.2010, p. 15.

---

| 23.11.2010 | EN | Official Journal of the European Union | L 306/68 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/68

---

COMMISSION REGULATION (EU) No 1072/2010

of 22 November 2010

establishing a prohibition of fishing for northern prawn in NAFO 3L by vessels flying the flag of Lithuania

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:

| (1) | Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required (2), lays down quotas for 2010. |
| --- | --- |

(1)

Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required (2), lays down quotas for 2010.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2010. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2010.

| (3) | It is therefore necessary to prohibit fishing activities for that stock, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2010 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.

Article 3

Entry into force

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, 22 November 2010.

For the Commission, On behalf of the President,

Lowri EVANS

Director-General for Maritime Affairs and Fisheries

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

(2)  OJ L 21, 26.1.2010, p. 1.

2

---

ANNEX

| No | 46/T&Q |
| --- | --- |
| Member State | Lithuania |
| Stock | PRA/N3L. |
| Species | Northern prawn (Pandalus borealis) |
| Zone | NAFO 3L |
| Date | 21.10.2010 |

No

46/T&Q

Member State

Lithuania

Stock

PRA/N3L.

Species

Northern prawn (Pandalus borealis)

Zone

NAFO 3L

Date

21.10.2010

---

| 23.11.2010 | EN | Official Journal of the European Union | L 306/70 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/70

---

COMMISSION REGULATION (EU) No 1073/2010

of 22 November 2010

establishing a prohibition of fishing for saithe in IIIa; EU waters of IIa, IIIb, IIIc, IIId and IV by vessels flying the flag of Sweden

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:

| (1) | Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required (2), lays down quotas for 2010. |
| --- | --- |

(1)

Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required (2), lays down quotas for 2010.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2010. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2010.

| (3) | It is therefore necessary to prohibit fishing activities for that stock, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2010 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.

Article 3

Entry into force

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, 22 November 2010.

For the Commission, On behalf of the President,

Lowri EVANS

Director-General for Maritime Affairs and Fisheries

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

(2)  OJ L 21, 26.1.2010, p. 1.

2

---

ANNEX

| No | 47/T&Q |
| --- | --- |
| Member State | Sweden |
| Stock | POK/2A34. |
| Species | Saithe (Pollachius virens) |
| Zone | IIIa; EU waters of IIa, IIIb, IIIc, IIId and IV |
| Date | 1.11.2010 |

No

47/T&Q

Member State

Sweden

Stock

POK/2A34.

Species

Saithe (Pollachius virens)

Zone

IIIa; EU waters of IIa, IIIb, IIIc, IIId and IV

Date

1.11.2010

---

| 23.11.2010 | EN | Official Journal of the European Union | L 306/72 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/72

---

COMMISSION REGULATION (EU) No 1074/2010

of 22 November 2010

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

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 23 November 2010.

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

Done at Brussels, 22 November 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

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

2

---

ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | AL | 70,2 |
| EC | 92,0 |
| IL | 95,1 |
| MA | 72,3 |
| MK | 57,4 |
| ZZ | 77,4 |
| 0707 00 05 | AL | 54,8 |
| EG | 145,5 |
| JO | 182,1 |
| MK | 59,4 |
| TR | 144,5 |
| ZZ | 117,3 |
| 0709 90 70 | MA | 70,3 |
| TR | 144,5 |
| ZZ | 107,4 |
| 0805 20 10 | MA | 57,4 |
| ZA | 141,4 |
| ZZ | 99,4 |
| 0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 | HR | 47,1 |
| IL | 75,6 |
| MA | 61,9 |
| TN | 78,6 |
| TR | 57,1 |
| UY | 58,6 |
| ZZ | 63,2 |
| 0805 50 10 | AR | 43,3 |
| CL | 79,2 |
| MA | 68,0 |
| TR | 66,6 |
| UY | 57,1 |
| ZZ | 62,8 |
| 0808 10 80 | AR | 74,9 |
| AU | 187,8 |
| BR | 49,6 |
| CL | 75,8 |
| CN | 82,6 |
| MK | 24,7 |
| NZ | 98,1 |
| US | 113,3 |
| ZA | 103,5 |
| ZZ | 90,0 |
| 0808 20 50 | CL | 78,3 |
| CN | 71,0 |
| US | 160,9 |
| ZZ | 103,4 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AL

70,2

EC

92,0

IL

95,1

MA

72,3

MK

57,4

ZZ

77,4

0707 00 05

AL

54,8

EG

145,5

JO

182,1

MK

59,4

TR

144,5

ZZ

117,3

0709 90 70

MA

70,3

TR

144,5

ZZ

107,4

0805 20 10

MA

57,4

ZA

141,4

ZZ

99,4

0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

HR

47,1

IL

75,6

MA

61,9

TN

78,6

TR

57,1

UY

58,6

ZZ

63,2

0805 50 10

AR

43,3

CL

79,2

MA

68,0

TR

66,6

UY

57,1

ZZ

62,8

0808 10 80

AR

74,9

AU

187,8

BR

49,6

CL

75,8

CN

82,6

MK

24,7

NZ

98,1

US

113,3

ZA

103,5

ZZ

90,0

0808 20 50

CL

78,3

CN

71,0

US

160,9

ZZ

103,4

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.

---

| 23.11.2010 | EN | Official Journal of the European Union | L 306/74 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/74

---

COMMISSION REGULATION (EU) No 1075/2010

of 22 November 2010

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,

Whereas:

| (1) | The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Regulation (EU) No 1069/2010 (4) |
| --- | --- |

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Regulation (EU) No 1069/2010 (4)

| (2) | The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
| --- | --- |

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EU) No 867/2010 for the 2010/11, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 23 November 2010.

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

Done at Brussels, 22 November 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

(2)  OJ L 178, 1.7.2006, p. 24.

2

(3)  OJ L 259, 1.10.2010, p. 3.

3

(4)  OJ L 304, 20.11.2010, p. 16.

4

---

ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 23 November 2010

| (EUR) |
| --- |
| CN code | Representative price per 100 kg net of the product concerned | Additional duty per 100 kg net of the product concerned |
| 1701 11 10 (1) | 54,92 | 0,00 |
| 1701 11 90 (1) | 54,92 | 0,00 |
| 1701 12 10 (1) | 54,92 | 0,00 |
| 1701 12 90 (1) | 54,92 | 0,00 |
| 1701 91 00 (2) | 49,66 | 2,57 |
| 1701 99 10 (2) | 49,66 | 0,00 |
| 1701 99 90 (2) | 49,66 | 0,00 |
| 1702 90 95 (3) | 0,50 | 0,22 |

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10 (1)

54,92

0,00

1701 11 90 (1)

54,92

0,00

1701 12 10 (1)

54,92

0,00

1701 12 90 (1)

54,92

0,00

1701 91 00 (2)

49,66

2,57

1701 99 10 (2)

49,66

0,00

1701 99 90 (2)

49,66

0,00

1702 90 95 (3)

0,50

0,22

---

(1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3)  Per 1 % sucrose content.

---

DECISIONS

| 23.11.2010 | EN | Official Journal of the European Union | L 306/76 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/76

---

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

of 18 November 2010

appointing a Judge to the General Court

(2010/703/EU)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,

Whereas:

| (1) | In accordance with the provisions of the Treaties, every 3 years there should be a partial replacement of the Judges of the General Court. For the period from 1 September 2010 to 31 August 2016, 14 Judges had to be appointed to the General Court. |
| --- | --- |

(1)

In accordance with the provisions of the Treaties, every 3 years there should be a partial replacement of the Judges of the General Court. For the period from 1 September 2010 to 31 August 2016, 14 Judges had to be appointed to the General Court.

| (2) | By Decisions 2010/362/EU (1), 2010/400/EU (2) and 2010/629/EU (3), the Conference of the Representatives of the Governments of the Member States appointed 13 Judges to the General Court for the above period. |
| --- | --- |

(2)

By Decisions 2010/362/EU (1), 2010/400/EU (2) and 2010/629/EU (3), the Conference of the Representatives of the Governments of the Member States appointed 13 Judges to the General Court for the above period.

| (3) | Pending completion of the process of appointment of a Judge to the post remaining to be filled, in accordance with the provisions of the Treaty on the Functioning of the European Union, Mr Valeriu CIUCĂ, appointed as a Judge on 1 January 2007, remained in office after 31 August 2010. |
| --- | --- |

(3)

Pending completion of the process of appointment of a Judge to the post remaining to be filled, in accordance with the provisions of the Treaty on the Functioning of the European Union, Mr Valeriu CIUCĂ, appointed as a Judge on 1 January 2007, remained in office after 31 August 2010.

| (4) | The Government of Romania has nominated Mr Andrei POPESCU for the post of Judge of the General Court. The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of that candidate to perform the duties of Judge of the General Court. |
| --- | --- |

(4)

The Government of Romania has nominated Mr Andrei POPESCU for the post of Judge of the General Court. The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of that candidate to perform the duties of Judge of the General Court.

| (5) | A member of the General Court should therefore be appointed for the period from 26 November 2010 to 31 August 2016, |
| --- | --- |

(5)

A member of the General Court should therefore be appointed for the period from 26 November 2010 to 31 August 2016,

HAVE ADOPTED THIS DECISION:

Article 1

Mr Andrei POPESCU is hereby appointed Judge of the General Court for the period from 26 November 2010 to 31 August 2016.

Article 2

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

Done at Brussels, 18 November 2010.

For the Council

The President

J. DE RUYT

---

(1)  OJ L 163, 30.6.2010, p. 41.

1

(2)  OJ L 186, 20.7.2010, p. 29.

2

(3)  OJ L 278, 22.10.2010, p. 29.

3

---

| 23.11.2010 | EN | Official Journal of the European Union | L 306/77 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/77

---

COMMISSION DECISION

of 22 November 2010

on the recognition of Sri Lanka as regards education, training and certification of seafarers for the recognition of certificates of competency

(notified under document C(2010) 7963)

(Text with EEA relevance)

(2010/704/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (1) and in particular Article 19(3) thereof,

Having regard to the letter of 13 May 2005 from the Cypriot authorities, requesting the recognition of Sri Lanka in order to recognise certificates of competency issued by this country,

Whereas:

| (1) | Member States may decide to endorse seafarers’ certificates of competency issued by third countries, provided that the relevant third country is recognised by the Commission as ensuring that this country complies with the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention) (2). |
| --- | --- |

(1)

Member States may decide to endorse seafarers’ certificates of competency issued by third countries, provided that the relevant third country is recognised by the Commission as ensuring that this country complies with the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention) (2).

| (2) | Following the request of the Cypriot authorities, the Commission assessed the maritime education, training and certification systems in Sri Lanka in order to verify whether this country complies with the requirements of the STCW Convention and whether appropriate measures have been taken to prevent fraud involving certificates. This assessment was based on the results of a fact-finding inspection performed by experts of the European Maritime Safety Agency in November 2006. |
| --- | --- |

(2)

Following the request of the Cypriot authorities, the Commission assessed the maritime education, training and certification systems in Sri Lanka in order to verify whether this country complies with the requirements of the STCW Convention and whether appropriate measures have been taken to prevent fraud involving certificates. This assessment was based on the results of a fact-finding inspection performed by experts of the European Maritime Safety Agency in November 2006.

| (3) | Where deficiencies had been identified during the assessment of compliance with the STCW Convention, the Sri Lankan authorities provided to the Commission the requested relevant information and evidence concerning the implementation of appropriate and sufficient corrective action that address most of these issues. |
| --- | --- |

(3)

Where deficiencies had been identified during the assessment of compliance with the STCW Convention, the Sri Lankan authorities provided to the Commission the requested relevant information and evidence concerning the implementation of appropriate and sufficient corrective action that address most of these issues.

| (4) | Some remaining shortcomings, relating to few aspects of the national procedures concerning education training and certification of seafarers, concern in particular missing specific legal provisions regarding qualifications of instructors, the use of simulators, as well as the lack of design and testing for simulators exercises in one of the maritime education and training institutions that were examined. The Sri Lankan authorities have therefore been invited to implement further corrective action regarding these matters. However, these shortcomings do not warrant calling into question the overall level of compliance of the Sri Lankan systems regarding maritime education, training and certification with the STCW Convention. |
| --- | --- |

(4)

Some remaining shortcomings, relating to few aspects of the national procedures concerning education training and certification of seafarers, concern in particular missing specific legal provisions regarding qualifications of instructors, the use of simulators, as well as the lack of design and testing for simulators exercises in one of the maritime education and training institutions that were examined. The Sri Lankan authorities have therefore been invited to implement further corrective action regarding these matters. However, these shortcomings do not warrant calling into question the overall level of compliance of the Sri Lankan systems regarding maritime education, training and certification with the STCW Convention.

| (5) | The outcome of the assessment of compliance and the evaluation of the information provided by the Sri Lankan authorities demonstrate that Sri Lanka complies with the relevant requirements of the STCW Convention. Sri Lanka has also taken appropriate measures to prevent fraud involving certificates and should thus be recognised by the Union. |
| --- | --- |

(5)

The outcome of the assessment of compliance and the evaluation of the information provided by the Sri Lankan authorities demonstrate that Sri Lanka complies with the relevant requirements of the STCW Convention. Sri Lanka has also taken appropriate measures to prevent fraud involving certificates and should thus be recognised by the Union.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships, |
| --- | --- |

(6)

The measures provided for in this Decision are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,

HAS ADOPTED THIS DECISION:

Article 1

Sri Lanka is recognised as regards education, training and certification of seafarers, for the purpose of recognition of certificates of competency issued by this country.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 22 November 2010.

For the Commission

Siim KALLAS

Vice-President

---

(1)  OJ L 323, 3.12.2008, p. 33.

1

(2)  Adopted by the International Maritime Organisation.

2

---

| 23.11.2010 | EN | Official Journal of the European Union | L 306/78 |
| --- | --- | --- | --- |

23.11.2010

EN

Official Journal of the European Union

L 306/78

---

COMMISSION DECISION

of 22 November 2010

on the withdrawal of the recognition of Georgia as regards education, training and certification of seafarers for the recognition of certificates of competency

(notified under document C(2010) 7966)

(Text with EEA relevance)

(2010/705/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (1) and in particular Article 20(2) thereof,

Having regard to the reassessment of compliance of Georgia carried out by the Commission pursuant to Article 21(1) of Directive 2008/106/EC,

Whereas:

| (1) | Member States may decide to endorse seafarers’ certificates of competency issued by third countries, provided that the relevant third country is recognised by the Commission as ensuring that this country complies with the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention) (2). |
| --- | --- |

(1)

Member States may decide to endorse seafarers’ certificates of competency issued by third countries, provided that the relevant third country is recognised by the Commission as ensuring that this country complies with the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention) (2).

| (2) | Georgia is recognised at the level of the European Union under the procedure established by Article 18(3)(c) of Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers (3), as recognitions of Georgian certificates by Italy and Greece are published in the Official Journal of the European Union
   (4) and therefore remain valid in accordance with Article 19(5) of Directive 2008/106/EC, in spite of the fact that Directive 2001/25/EC has been repealed. |
| --- | --- |

(2)

Georgia is recognised at the level of the European Union under the procedure established by Article 18(3)(c) of Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers (3), as recognitions of Georgian certificates by Italy and Greece are published in the Official Journal of the European Union
   (4) and therefore remain valid in accordance with Article 19(5) of Directive 2008/106/EC, in spite of the fact that Directive 2001/25/EC has been repealed.

| (3) | The Commission assessed the maritime education, training and certification systems in Georgia, in line with Article 21(1) of Directive 2008/106/EC, to verify whether this country continues to comply with the requirements of the STCW Convention and whether appropriate measures have been taken to prevent fraud involving certificates. This assessment, which was based on the results of a fact-finding inspection performed by experts of the European Maritime Safety Agency in September 2006, revealed several deficiencies. |
| --- | --- |

(3)

The Commission assessed the maritime education, training and certification systems in Georgia, in line with Article 21(1) of Directive 2008/106/EC, to verify whether this country continues to comply with the requirements of the STCW Convention and whether appropriate measures have been taken to prevent fraud involving certificates. This assessment, which was based on the results of a fact-finding inspection performed by experts of the European Maritime Safety Agency in September 2006, revealed several deficiencies.

| (4) | The Commission provided the Member States with a report on the results of the assessment of compliance. |
| --- | --- |

(4)

The Commission provided the Member States with a report on the results of the assessment of compliance.

| (5) | Subsequently, the Commission requested the Georgian authorities, by letters of 27 February 2009 and 23 March 2010, to provide evidence demonstrating whether the deficiencies detected during the assessment were adequately addressed. |
| --- | --- |

(5)

Subsequently, the Commission requested the Georgian authorities, by letters of 27 February 2009 and 23 March 2010, to provide evidence demonstrating whether the deficiencies detected during the assessment were adequately addressed.

| (6) | Where deficiencies had been identified during the assessment of compliance with the STCW Convention, the Georgian authorities provided to the Commission on its request, by letters of 1 May 2009, 12 January 2010, 17 February 2010 and 14 April 2010, some information concerning the implementation of corrective action as regards these issues. |
| --- | --- |

(6)

Where deficiencies had been identified during the assessment of compliance with the STCW Convention, the Georgian authorities provided to the Commission on its request, by letters of 1 May 2009, 12 January 2010, 17 February 2010 and 14 April 2010, some information concerning the implementation of corrective action as regards these issues.

| (7) | The evaluation of the replies of the Georgian authorities, which was conducted by the Commission, confirmed that the information provided address only a very minor part of these deficiencies, while it revealed that the majority of the deficiencies that were identified during the assessment of compliance remain unresolved. These deficiencies concern several sections of the STCW Convention and especially missing national provisions to implement some requirements of the STCW Convention, such as in particular the implementation of a quality standards system and the use of simulators, the functioning of the quality standards system both in the administration and some maritime education and training institutions, the monitoring of these institutions by the administration, as well as numerous certification requirements relating to both the deck and engine departments. |
| --- | --- |

(7)

The evaluation of the replies of the Georgian authorities, which was conducted by the Commission, confirmed that the information provided address only a very minor part of these deficiencies, while it revealed that the majority of the deficiencies that were identified during the assessment of compliance remain unresolved. These deficiencies concern several sections of the STCW Convention and especially missing national provisions to implement some requirements of the STCW Convention, such as in particular the implementation of a quality standards system and the use of simulators, the functioning of the quality standards system both in the administration and some maritime education and training institutions, the monitoring of these institutions by the administration, as well as numerous certification requirements relating to both the deck and engine departments.

| (8) | These non-conformities affect various core provisions of the STCW Convention and risk affecting the overall level of competence of seafarers holding certificates issued by Georgia. |
| --- | --- |

(8)

These non-conformities affect various core provisions of the STCW Convention and risk affecting the overall level of competence of seafarers holding certificates issued by Georgia.

| (9) | The outcome of the assessment of compliance and the evaluation of the information provided by the Georgian authorities demonstrate that Georgia does not comply fully with the relevant requirements of the STCW Convention and therefore its recognition by the European Union should be withdrawn. |
| --- | --- |

(9)

The outcome of the assessment of compliance and the evaluation of the information provided by the Georgian authorities demonstrate that Georgia does not comply fully with the relevant requirements of the STCW Convention and therefore its recognition by the European Union should be withdrawn.

| (10) | The measures provided for in this Decision are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships, |
| --- | --- |

(10)

The measures provided for in this Decision are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,

HAS ADOPTED THIS DECISION:

Article 1

The recognition of Georgia that was granted according to Article 18(3)(c) of Directive 2001/25/EC is withdrawn as regards education, training and certification of seafarers, for the purpose of recognition of certificates of competency issued by this country.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 22 November 2010.

For the Commission

Siim KALLAS

Vice-President

---

(1)  OJ L 323, 3.12.2008, p. 33.

1

(2)  Adopted by the International Maritime Organisation.

2

(3)  OJ L 136, 18.5.2001, p. 17.

3

(4)  OJ C 268, 7.11.2003, p. 7, and OJ C 85, 7.4.2005, p. 8.

4

---