# Official Journal L 333/2012

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2012.333.eng |
| --- | --- |
| Official Journal
  of the European Union | L 333 |
| | |
| English edition | Legislation | Volume 555 December 2012 |

ISSN 1977-0677

doi:10.3000/19770677.L_2012.333.eng

Official Journal

of the European Union

L 333

English edition

Legislation

Volume 555 December 2012

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | | 2012/747/EU |
| | * | Council Decision of 3 December 2012 on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 31 (on cooperation in specific fields outside the four freedoms) to the EEA Agreement | 1 |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) No 1144/2012 of 28 November 2012 concerning the classification of certain goods in the Combined Nomenclature | 3 |
| | * | Commission Implementing Regulation (EU) No 1145/2012 of 28 November 2012 concerning the classification of certain goods in the Combined Nomenclature | 5 |
| | * | Commission Implementing Regulation (EU) No 1146/2012 of 3 December 2012 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (
  1
  ) | 7 |
| | * | Commission Regulation (EU) No 1147/2012 of 4 December 2012 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of beeswax (E 901), carnauba wax (E 903), shellac (E 904) and microcrystalline wax (E 905) on certain fruits (
  1
  ) | 34 |
| | * | Commission Regulation (EU) No 1148/2012 of 4 December 2012 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of sulphur dioxide — sulphites (E 220-228) and propane-1, 2-diol alginate (E 405) in fermented grape must-based drinks (
  1
  ) | 37 |
| | * | Commission Regulation (EU) No 1149/2012 of 4 December 2012 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of extracts of rosemary (E 392) in fillings of stuffed dry pasta (
  1
  ) | 40 |
| | | Commission Implementing Regulation (EU) No 1150/2012 of 4 December 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables | 43 |
| | | DECISIONS |
| | | 2012/748/CFSP |
| | * | Political and Security Committee Decision BiH/19/2012 of 27 November 2012 on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina | 45 |
| | | 2012/749/EU |
| | * | Council Decision of 3 December 2012 extending the application period of Decision 2010/371/EU concerning the conclusion of the consultation procedure with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement | 46 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

2012/747/EU

*

Council Decision of 3 December 2012 on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 31 (on cooperation in specific fields outside the four freedoms) to the EEA Agreement

1

REGULATIONS

*

Commission Implementing Regulation (EU) No 1144/2012 of 28 November 2012 concerning the classification of certain goods in the Combined Nomenclature

3

*

Commission Implementing Regulation (EU) No 1145/2012 of 28 November 2012 concerning the classification of certain goods in the Combined Nomenclature

5

*

Commission Implementing Regulation (EU) No 1146/2012 of 3 December 2012 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

7

*

Commission Regulation (EU) No 1147/2012 of 4 December 2012 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of beeswax (E 901), carnauba wax (E 903), shellac (E 904) and microcrystalline wax (E 905) on certain fruits (
  1
  )

1

34

*

Commission Regulation (EU) No 1148/2012 of 4 December 2012 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of sulphur dioxide — sulphites (E 220-228) and propane-1, 2-diol alginate (E 405) in fermented grape must-based drinks (
  1
  )

1

37

*

Commission Regulation (EU) No 1149/2012 of 4 December 2012 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of extracts of rosemary (E 392) in fillings of stuffed dry pasta (
  1
  )

1

40

Commission Implementing Regulation (EU) No 1150/2012 of 4 December 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

43

DECISIONS

2012/748/CFSP

*

Political and Security Committee Decision BiH/19/2012 of 27 November 2012 on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina

45

2012/749/EU

*

Council Decision of 3 December 2012 extending the application period of Decision 2010/371/EU concerning the conclusion of the consultation procedure with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement

46

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

---

(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

| 5.12.2012 | EN | Official Journal of the European Union | L 333/1 |
| --- | --- | --- | --- |

5.12.2012

EN

Official Journal of the European Union

L 333/1

---

COUNCIL DECISION

of 3 December 2012

on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 31 (on cooperation in specific fields outside the four freedoms) to the EEA Agreement

(2012/747/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 189, in conjunction with Article 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994. |
| --- | --- |

(1)

The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

| (2) | Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 thereto. |
| --- | --- |

(2)

Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 thereto.

| (3) | Protocol 31 to the EEA Agreement contains specific provisions and arrangements concerning cooperation in specific fields outside the four freedoms. |
| --- | --- |

(3)

Protocol 31 to the EEA Agreement contains specific provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

| (4) | Regulation (EU) No 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013) (3) was incorporated into the EEA Agreement by Decision of the EEA Joint Committee No 139/2012 (4). |
| --- | --- |

(4)

Regulation (EU) No 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013) (3) was incorporated into the EEA Agreement by Decision of the EEA Joint Committee No 139/2012 (4).

| (5) | Decision of the EEA Joint Committee No 139/2012 provided for the suspension of the applicability of Regulation (EU) No 911/2010 to Iceland, until otherwise decided by the EEA Joint Committee. |
| --- | --- |

(5)

Decision of the EEA Joint Committee No 139/2012 provided for the suspension of the applicability of Regulation (EU) No 911/2010 to Iceland, until otherwise decided by the EEA Joint Committee.

| (6) | It is appropriate to terminate the suspension of the applicability of Regulation (EU) No 911/2010 to Iceland from 1 January 2013. |
| --- | --- |

(6)

It is appropriate to terminate the suspension of the applicability of Regulation (EU) No 911/2010 to Iceland from 1 January 2013.

| (7) | Protocol 31 to the EEA Agreement should therefore be amended accordingly. |
| --- | --- |

(7)

Protocol 31 to the EEA Agreement should therefore be amended accordingly.

| (8) | The position of the Union in the EEA Joint Committee should be based on the attached draft Decision, |
| --- | --- |

(8)

The position of the Union in the EEA Joint Committee should be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted, on behalf of the European Union, in the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.

Article 2

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

Done at Brussels, 3 December 2012.

For the Council

The President

N. SYLIKIOTIS

---

(1)  
  OJ L 305, 30.11.1994, p. 6.

1

(2)  
  OJ L 1, 3.1.1994, p. 3.

2

(3)  
  OJ L 276, 20.10.2010, p. 1.

3

(4)  
  OJ L 309, 8.11.2012, p. 21.

4

---

DRAFT

DECISION OF THE EEA JOINT COMMITTEE No .../2012

of ...

amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,

Whereas:

| (1) | Regulation (EU) No 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013) (1) was incorporated into the EEA Agreement by Decision of the EEA Joint Committee No 139/2012 (2). |
| --- | --- |

(1)

Regulation (EU) No 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013) (1) was incorporated into the EEA Agreement by Decision of the EEA Joint Committee No 139/2012 (2).

| (2) | The suspension of the applicability of Regulation (EU) No 911/2010 to Iceland should be terminated. |
| --- | --- |

(2)

The suspension of the applicability of Regulation (EU) No 911/2010 to Iceland should be terminated.

| (3) | Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this termination to take effect from 1 January 2013, |
| --- | --- |

(3)

Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this termination to take effect from 1 January 2013,

HAS ADOPTED THIS DECISION:

Article 1

In paragraph 8c of Article 1 of Protocol 31 to the EEA Agreement, adaptation (e) shall be deleted.

Article 2

This Decision shall enter into force on the day following the last notification to the EEA Joint Committee under Article 103(1) of the EEA Agreement (*1).

It shall apply from 1 January 2013.

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at ...,

For the EEA Joint Committee

The President

The Secretaries to the EEA Joint Committee

---

(1)  
  OJ L 276, 20.10.2010, p. 1.

1

(2)  
  OJ L 309, 8.11.2012, p. 21.

2

(*1)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]

*1

---

REGULATIONS

| 5.12.2012 | EN | Official Journal of the European Union | L 333/3 |
| --- | --- | --- | --- |

5.12.2012

EN

Official Journal of the European Union

L 333/3

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1144/2012

of 28 November 2012

concerning the classification of certain goods in the Combined Nomenclature

THE EUROPEAN COMMISSION,

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

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

Whereas:

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

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

Article 3

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

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

Done at Brussels, 28 November 2012.

For the Commission, On behalf of the President,

Algirdas ŠEMETA

Member of the Commission

---

(1)  
  OJ L 256, 7.9.1987, p. 1.

1

(2)  
  OJ L 302, 19.10.1992, p. 1.

2

---

ANNEX

| Description of the goods | Classification
  (CN code) | Reasons |
| --- | --- | --- |
| (1) | (2) | (3) |
| A product consisting of modified dehydrated cane molasses presented in powder, with a light brown colour, containing (% by weight):







  — | sucrose (including invert sugar) | 82,4 |
| — | ash | 1,5 |
| — | crude fibre | 7 |

Description of the goods

Classification

(CN code)

Reasons

(1)

(2)

(3)

A product consisting of modified dehydrated cane molasses presented in powder, with a light brown colour, containing (% by weight):

—

sucrose (including invert sugar)

82,4

—

ash

1,5

—

crude fibre

7

The product contains no starch and has a polarisation of 83,4°.

During the production process, plant fibres and cane molasses concentrates are added and a dehydrated cane molasses is obtained.

The product is not fit for human consumption and is used solely in animal feeding.

2309 90 96

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 1 to Chapter 23 and the wording of CN codes 2309 , 2309 90 and 2309 90 96 .

In spite of the high sucrose content, the product cannot be considered to be cane sugar of heading 1701 due to the addition of plant fibres during the production process.

Due to the added cane molasses concentrates and the dehydration process, the content of sugar present in the product is significantly higher than in traditional cane molasses. Classification under heading 1703 is therefore excluded.

The product is used in animal feeding and has lost the essential characteristics of the original material during the production process (see Note 1 to Chapter 23).

The product is therefore to be classified under heading 2309 as a preparation of a kind used in animal feeding.

---

| 5.12.2012 | EN | Official Journal of the European Union | L 333/5 |
| --- | --- | --- | --- |

5.12.2012

EN

Official Journal of the European Union

L 333/5

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1145/2012

of 28 November 2012

concerning the classification of certain goods in the Combined Nomenclature

THE EUROPEAN COMMISSION,

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

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

Whereas:

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

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

Article 3

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

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

Done at Brussels, 28 November 2012.

For the Commission, On behalf of the President,

Algirdas ŠEMETA

Member of the Commission

---

(1)  
  OJ L 256, 7.9.1987, p. 1.

1

(2)  
  OJ L 302, 19.10.1992, p. 1.

2

---

ANNEX

| Description of the goods | Classification
  (CN code) | Reasons |
| --- | --- | --- |
| (1) | (2) | (3) |
| Sterilised wipes made of non-wovens, put up in a plastic bag for retail sale.
  The wipes are impregnated, amongst other ingredients with demineralised water, detergent and skin conditioning cleansing agent.
  The product is alcohol free.
  According to the information provided, the product is designed for cleaning hands and face. | 3401 11 00 | Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 3401 and 3401 11 00 .
  As the wipes are impregnated with detergent which gives the product its essential character, classification under headings 3304 and 3307 is excluded.
  The product is therefore to be classified under heading 3401 as non-wovens, impregnated, coated or covered with soap or detergent (see also Harmonised System Explanatory Notes to heading 3401 , point (IV)). |

Description of the goods

Classification

(CN code)

Reasons

(1)

(2)

(3)

Sterilised wipes made of non-wovens, put up in a plastic bag for retail sale.

The wipes are impregnated, amongst other ingredients with demineralised water, detergent and skin conditioning cleansing agent.

The product is alcohol free.

According to the information provided, the product is designed for cleaning hands and face.

3401 11 00

Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 3401 and 3401 11 00 .

As the wipes are impregnated with detergent which gives the product its essential character, classification under headings 3304 and 3307 is excluded.

The product is therefore to be classified under heading 3401 as non-wovens, impregnated, coated or covered with soap or detergent (see also Harmonised System Explanatory Notes to heading 3401 , point (IV)).

---

| 5.12.2012 | EN | Official Journal of the European Union | L 333/7 |
| --- | --- | --- | --- |

5.12.2012

EN

Official Journal of the European Union

L 333/7

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1146/2012

of 3 December 2012

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 (2),

Whereas:

| (1) | Commission Regulation (EC) No 474/2006 (3) 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. |
| --- | --- |

(1)

Commission Regulation (EC) No 474/2006 (3) 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) | In accordance with Article 4(3) of Regulation (EC) No 2111/2005, some Member States and the European Aviation Safety Agency (hereinafter ‘EASA’) 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 and the European Aviation Safety Agency (hereinafter ‘EASA’) 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 (4). |
| --- | --- |

(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 (4).

| (5) | The Air Safety Committee has received updates from the Commission about the on-going joint-consultations opened in the framework of Regulation (EC) No 2111/2005 and its implementing Regulation (EC) No 473/2006 (5), with competent authorities and air carriers of the following States: Algeria, Aruba, Bangladesh, Burkina Faso, Cameroon, Central African Republic, China, Comoros, Cuba, Curacao, Egypt, Ethiopia, Georgia, Guinea-Bissau, Lesotho, Malawi, Mali, Nepal, Pakistan, Russian Federation, St Maarten, Ukraine, Yemen; Eritrea, Libya; Afghanistan, Angola, Benin, Congo-Brazzaville, Democratic Republic of Congo, Djibouti, DPR of Korea, Equatorial Guinea, Gabon, Ghana, Honduras, Indonesia, Iran, Jordan, Kazakhstan, Kyrgyzstan, Liberia, Madagascar, Mauritania, Mozambique, Philippines, Rwanda, Sao Tome and Principe, Sierra Leone, Sudan, Suriname, Swaziland, Venezuela and Zambia. |
| --- | --- |

(5)

The Air Safety Committee has received updates from the Commission about the on-going joint-consultations opened in the framework of Regulation (EC) No 2111/2005 and its implementing Regulation (EC) No 473/2006 (5), with competent authorities and air carriers of the following States: Algeria, Aruba, Bangladesh, Burkina Faso, Cameroon, Central African Republic, China, Comoros, Cuba, Curacao, Egypt, Ethiopia, Georgia, Guinea-Bissau, Lesotho, Malawi, Mali, Nepal, Pakistan, Russian Federation, St Maarten, Ukraine, Yemen; Eritrea, Libya; Afghanistan, Angola, Benin, Congo-Brazzaville, Democratic Republic of Congo, Djibouti, DPR of Korea, Equatorial Guinea, Gabon, Ghana, Honduras, Indonesia, Iran, Jordan, Kazakhstan, Kyrgyzstan, Liberia, Madagascar, Mauritania, Mozambique, Philippines, Rwanda, Sao Tome and Principe, Sierra Leone, Sudan, Suriname, Swaziland, Venezuela and Zambia.

| (6) | The Air Safety Committee has heard presentations by EASA about the results of the analysis of audit reports carried out by the International Civil Aviation Organisation (ICAO hereafter) in the framework of ICAO’s Universal Safety Oversight Audit Programme (USOAP). Member States were invited to prioritize ramp inspections on air carriers licensed on States for which significant safety concern(s) have been identified by ICAO or for which EASA concluded that there are significant deficiencies in the safety oversight system. Notwithstanding consultations undertaken by the Commission under Regulation (EC) No 2111/2005, this will permit to acquire further information regarding the safety performance on the air carriers licensed in these States. |
| --- | --- |

(6)

The Air Safety Committee has heard presentations by EASA about the results of the analysis of audit reports carried out by the International Civil Aviation Organisation (ICAO hereafter) in the framework of ICAO’s Universal Safety Oversight Audit Programme (USOAP). Member States were invited to prioritize ramp inspections on air carriers licensed on States for which significant safety concern(s) have been identified by ICAO or for which EASA concluded that there are significant deficiencies in the safety oversight system. Notwithstanding consultations undertaken by the Commission under Regulation (EC) No 2111/2005, this will permit to acquire further information regarding the safety performance on the air carriers licensed in these States.

| (7) | The Air Safety Committee has heard presentations by EASA about the results of the analysis of ramp inspections carried out under the Safety Assessment of Foreign Aircraft programme (SAFA) in accordance with Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down the technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (6). |
| --- | --- |

(7)

The Air Safety Committee has heard presentations by EASA about the results of the analysis of ramp inspections carried out under the Safety Assessment of Foreign Aircraft programme (SAFA) in accordance with Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down the technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (6).

| (8) | The Air Safety Committee has also heard presentations by EASA about the technical assistance projects carried out in States affected by measures under Regulation (EC) No 2111/2005. It was 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 non compliances with applicable international standards. Member States were invited to respond to these requests on a bilateral basis in coordination with the Commission and EASA. |
| --- | --- |

(8)

The Air Safety Committee has also heard presentations by EASA about the technical assistance projects carried out in States affected by measures under Regulation (EC) No 2111/2005. It was 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 non compliances with applicable international standards. Member States were invited to respond to these requests on a bilateral basis in coordination with the Commission and EASA.

| (9) | Regulation (EC) No 474/2006 should be therefore amended accordingly. |
| --- | --- |

(9)

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

| (10) | The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee. |
| --- | --- |

(10)

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

European Union air carriers

European Union air carriers

| (11) | Following the analysis by EASA of information resulting from SAFA ramp checks carried out on aircraft of certain Union air carriers or from standardisation inspections carried out by EASA as well as specific inspections and audits carried out by 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 that the Air Operator Certificate (AOC) of Sky Wings was suspended further to the suspension of its continuous airworthiness management organisation approval on 7 October 2012; Luxembourg informed that the AOC of Strategic Airlines was revoked on 8 October 2012 and that the air carrier has ceased to exist; Spain informed that the air carrier IMD Airways has successfully implemented corrective actions and remains on heightened surveillance; and Slovenia informed that the AOC of Linxair Business Airlines was revoked on 2 October 2012. |
| --- | --- |

(11)

Following the analysis by EASA of information resulting from SAFA ramp checks carried out on aircraft of certain Union air carriers or from standardisation inspections carried out by EASA as well as specific inspections and audits carried out by 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 that the Air Operator Certificate (AOC) of Sky Wings was suspended further to the suspension of its continuous airworthiness management organisation approval on 7 October 2012; Luxembourg informed that the AOC of Strategic Airlines was revoked on 8 October 2012 and that the air carrier has ceased to exist; Spain informed that the air carrier IMD Airways has successfully implemented corrective actions and remains on heightened surveillance; and Slovenia informed that the AOC of Linxair Business Airlines was revoked on 2 October 2012.

Air Algérie

Air Algérie

| (12) | Having regard to the results of the ramp inspections carried out in 2008 and 2009 on the aircraft operated by the air carrier Air Algérie in the framework of the SAFA programme, the Commission had entered into formal consultations with the competent authorities of Algeria (DACM) in December 2009 as detailed in Regulations (EC) No 590/2010 (7) and (EC) No 1071/2010 (8). These formal consultations resulted in the implementation of satisfactory solutions to redress the identified safety deficiencies in the short term as well as in the development of a solid corrective and preventive action plan by DACM and the air operator Air Algérie for sustainable solutions. The safety performance of the air carrier Air Algérie continued to be verified through the results of the SAFA programme along with the monthly reports sent by DACM to the Commission on the results of their surveillance activities on the air operator as well as on the progress made in the implementation of the aforementioned corrective and preventive plans. |
| --- | --- |

(12)

Having regard to the results of the ramp inspections carried out in 2008 and 2009 on the aircraft operated by the air carrier Air Algérie in the framework of the SAFA programme, the Commission had entered into formal consultations with the competent authorities of Algeria (DACM) in December 2009 as detailed in Regulations (EC) No 590/2010 (7) and (EC) No 1071/2010 (8). These formal consultations resulted in the implementation of satisfactory solutions to redress the identified safety deficiencies in the short term as well as in the development of a solid corrective and preventive action plan by DACM and the air operator Air Algérie for sustainable solutions. The safety performance of the air carrier Air Algérie continued to be verified through the results of the SAFA programme along with the monthly reports sent by DACM to the Commission on the results of their surveillance activities on the air operator as well as on the progress made in the implementation of the aforementioned corrective and preventive plans.

7

8

| (13) | Considering the favourable trend observed on the results of the SAFA inspections since November 2010, the absence of serious safety deficiencies and the implementation of the corrective and preventive actions in accordance with the planning, the Commission decided in July 2012 to close the formal consultations with DACM under Regulation (EC) No 2111/2005 |
| --- | --- |

(13)

Considering the favourable trend observed on the results of the SAFA inspections since November 2010, the absence of serious safety deficiencies and the implementation of the corrective and preventive actions in accordance with the planning, the Commission decided in July 2012 to close the formal consultations with DACM under Regulation (EC) No 2111/2005

Comlux Aruba N.V.

Comlux Aruba N.V.

| (14) | In February 2012 the competent authority of Aruba committed to introduce amendments in the national legal system and to take administrative action vis-à-vis Comlux Aruba to ensure that by 1 August 2012 the operational control of this air carrier would be exercised from Aruba. |
| --- | --- |

(14)

In February 2012 the competent authority of Aruba committed to introduce amendments in the national legal system and to take administrative action vis-à-vis Comlux Aruba to ensure that by 1 August 2012 the operational control of this air carrier would be exercised from Aruba.

vis-à-vis

| (15) | In order to obtain updated information on this issue, the Commission, EASA and certain Members of the Air Safety Committee conducted on 15 October 2012 in Brussels consultations with the competent authority of Aruba. These authorities informed and provided evidence that the flight operations legislation has been amended to strengthen the requirements regarding the establishment of the principal place of business in Aruba. These authorities also confirmed that the operational control of Comlux Aruba N.V. had been established in Aruba to their satisfaction. Changes in the organisation and accountabilities of this carrier have been implemented in that respect. Furthermore, the AOC was limited to one aircraft of type B767 and will be renewed on a year basis only, subject to satisfactory results of the continuous oversight to ensure that the organisational changes are effective. |
| --- | --- |

(15)

In order to obtain updated information on this issue, the Commission, EASA and certain Members of the Air Safety Committee conducted on 15 October 2012 in Brussels consultations with the competent authority of Aruba. These authorities informed and provided evidence that the flight operations legislation has been amended to strengthen the requirements regarding the establishment of the principal place of business in Aruba. These authorities also confirmed that the operational control of Comlux Aruba N.V. had been established in Aruba to their satisfaction. Changes in the organisation and accountabilities of this carrier have been implemented in that respect. Furthermore, the AOC was limited to one aircraft of type B767 and will be renewed on a year basis only, subject to satisfactory results of the continuous oversight to ensure that the organisational changes are effective.

| (16) | The Commission noted the progress made by the competent authorities of the Aruba and encourages them to continue their efforts towards strengthening their civil aviation oversight system in compliance with international safety standards. |
| --- | --- |

(16)

The Commission noted the progress made by the competent authorities of the Aruba and encourages them to continue their efforts towards strengthening their civil aviation oversight system in compliance with international safety standards.

Air carriers from the Republic of Congo

Air carriers from the Republic of Congo

| (17) | All air carriers certified in the Republic of Congo have been listed in Annex A since November 2009. The Commission and EASA held a consultation meeting with the competent authorities of the Republic of Congo (ANAC) on 12 October 2012, during which ANAC presented the progress made to date in order to alleviate the safety concerns identified by the International Civil Aviation Organisation (ICAO) at the occasion of the audit carried out in 2008 in the framework of ICAO’s Universal Safety Oversight Audit Program (USOAP). |
| --- | --- |

(17)

All air carriers certified in the Republic of Congo have been listed in Annex A since November 2009. The Commission and EASA held a consultation meeting with the competent authorities of the Republic of Congo (ANAC) on 12 October 2012, during which ANAC presented the progress made to date in order to alleviate the safety concerns identified by the International Civil Aviation Organisation (ICAO) at the occasion of the audit carried out in 2008 in the framework of ICAO’s Universal Safety Oversight Audit Program (USOAP).

| (18) | ANAC provided the Commission with evidence of the expiration of the AOC of the air carrier Société Nouvelle Air Congo and confirmed that the air carrier has ceased its activities. Consequently, on the basis of the common criteria, it should be withdrawn from Annex A. |
| --- | --- |

(18)

ANAC provided the Commission with evidence of the expiration of the AOC of the air carrier Société Nouvelle Air Congo and confirmed that the air carrier has ceased its activities. Consequently, on the basis of the common criteria, it should be withdrawn from Annex A.

| (19) | ANAC provided the Commission with information indicating that an AOC was granted to the following air carriers: Canadian Airways’ Congo, Eméraude, Equajet and Mistral Aviation. However, ANAC did not provide the evidence that the safety oversight of these air carriers are ensured in compliance with international safety standards, on the basis of the common criteria, it is assessed that these air carriers should be included in Annex A. |
| --- | --- |

(19)

ANAC provided the Commission with information indicating that an AOC was granted to the following air carriers: Canadian Airways’ Congo, Eméraude, Equajet and Mistral Aviation. However, ANAC did not provide the evidence that the safety oversight of these air carriers are ensured in compliance with international safety standards, on the basis of the common criteria, it is assessed that these air carriers should be included in Annex A.

| (20) | The Commission noted the progress made by the competent authorities of the Republic of Congo and encourages them to continue their efforts towards the establishment of a civil aviation oversight system in compliance with international safety standards. |
| --- | --- |

(20)

The Commission noted the progress made by the competent authorities of the Republic of Congo and encourages them to continue their efforts towards the establishment of a civil aviation oversight system in compliance with international safety standards.

Air carriers from the Democratic Republic of Congo

Air carriers from the Democratic Republic of Congo

| (21) | Air carriers certified in the Democratic Republic of Congo have been listed in Annex A since March 2006 (9).The competent authorities of the Democratic Republic of Congo have taken the initiative of re-establishing active consultations with the Commission and EASA, indicating their firm intention of conducting a thorough review and a complete overhaul of the aviation industry as well as of the national regulatory oversight authority. |
| --- | --- |

(21)

Air carriers certified in the Democratic Republic of Congo have been listed in Annex A since March 2006 (9).The competent authorities of the Democratic Republic of Congo have taken the initiative of re-establishing active consultations with the Commission and EASA, indicating their firm intention of conducting a thorough review and a complete overhaul of the aviation industry as well as of the national regulatory oversight authority.

9

| (22) | The competent authorities of the Democratic Republic of Congo informed that an AOC was granted to the following air carriers: Air Fast Congo, Fly Congo, Katanga Express, Katanga Wings, Mango Airlines, and Will Airlift. However, since ANAC did not provide the evidence that the safety oversight of these air carriers is ensured in compliance with international safety standards, on the basis of the common criteria, it is assessed that these air carriers should be included in Annex A. |
| --- | --- |

(22)

The competent authorities of the Democratic Republic of Congo informed that an AOC was granted to the following air carriers: Air Fast Congo, Fly Congo, Katanga Express, Katanga Wings, Mango Airlines, and Will Airlift. However, since ANAC did not provide the evidence that the safety oversight of these air carriers is ensured in compliance with international safety standards, on the basis of the common criteria, it is assessed that these air carriers should be included in Annex A.

| (23) | The competent authorities of Democratic Republic of Congo have not provided evidence that the other air carriers mentioned in Annex A have ceased operations. Consequently, on the basis of the common criteria, it is assessed that these air carriers should remain in Annex A. |
| --- | --- |

(23)

The competent authorities of Democratic Republic of Congo have not provided evidence that the other air carriers mentioned in Annex A have ceased operations. Consequently, on the basis of the common criteria, it is assessed that these air carriers should remain in Annex A.

| (24) | The Commission noted the progress made by the competent authorities of the Democratic Republic of Congo and encourages them to continue their efforts towards the establishment of a civil aviation oversight system in compliance with international safety standards, while remaining committed to further develop the constructive dialogue re-established recently. |
| --- | --- |

(24)

The Commission noted the progress made by the competent authorities of the Democratic Republic of Congo and encourages them to continue their efforts towards the establishment of a civil aviation oversight system in compliance with international safety standards, while remaining committed to further develop the constructive dialogue re-established recently.

Air carriers from Curaçao and St Maarten

Air carriers from Curaçao and St Maarten

| (25) | ICAO conducted an audit of the Netherlands Antilles (10) in 2008 and made a number of findings on all the critical elements of their safety oversight system. In particular, the competent authorities of the Netherlands Antilles did not have sufficient technical staff in the areas of personnel licensing, aircraft operations, air navigation services and aerodromes to carry out their safety oversight functions. |
| --- | --- |

(25)

ICAO conducted an audit of the Netherlands Antilles (10) in 2008 and made a number of findings on all the critical elements of their safety oversight system. In particular, the competent authorities of the Netherlands Antilles did not have sufficient technical staff in the areas of personnel licensing, aircraft operations, air navigation services and aerodromes to carry out their safety oversight functions.

10

| (26) | In addition, following an assessment by the Federal Aviation Administration (FAA) of the United States under the IASA programme in September 2011, Curaçao and St Maarten were downgraded from Category 1 to Category 2 because the FAA considers that they did not sufficiently comply with international safety standards. |
| --- | --- |

(26)

In addition, following an assessment by the Federal Aviation Administration (FAA) of the United States under the IASA programme in September 2011, Curaçao and St Maarten were downgraded from Category 1 to Category 2 because the FAA considers that they did not sufficiently comply with international safety standards.

| (27) | Finally, ramp checks conducted under the auspices of the SAFA programme (11) during the period May 2011 to May 2012 identified findings amounting to an average of over one major finding per inspection. |
| --- | --- |

(27)

Finally, ramp checks conducted under the auspices of the SAFA programme (11) during the period May 2011 to May 2012 identified findings amounting to an average of over one major finding per inspection.

11

| (28) | As a result, the Commission entered into consultations with the competent authorities of Curaçao and St Maarten and wrote to them in July 2012 seeking details of what corrective actions had been put in place or are being planned. These consultations are on-going. |
| --- | --- |

(28)

As a result, the Commission entered into consultations with the competent authorities of Curaçao and St Maarten and wrote to them in July 2012 seeking details of what corrective actions had been put in place or are being planned. These consultations are on-going.

| (29) | The Competent Authorities of both Curaçao and St Maarten responded to the Commission and detailed the corrective actions underway and planned to address the ICAO and FAA audit findings. |
| --- | --- |

(29)

The Competent Authorities of both Curaçao and St Maarten responded to the Commission and detailed the corrective actions underway and planned to address the ICAO and FAA audit findings.

| (30) | The Netherlands informed the Air Safety Committee that they were active in providing technical assistance to both Curaçao and St Maarten to assist them in their efforts to establish a safety oversight system that is in compliance with ICAO standards. |
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(30)

The Netherlands informed the Air Safety Committee that they were active in providing technical assistance to both Curaçao and St Maarten to assist them in their efforts to establish a safety oversight system that is in compliance with ICAO standards.

| (31) | The Commission takes note of the actions by the competent authorities of Curaçao and St Maarten and encourages them to continue with determination with their efforts to address the shortcomings in their aviation safety oversight system, failing which the Commission will be compelled to take action under Regulation (EC) No 2111/2005. Member States will continue to closely monitor, via prioritised ramp checks in the framework of the SAFA programme, that the corrective actions are effective. |
| --- | --- |

(31)

The Commission takes note of the actions by the competent authorities of Curaçao and St Maarten and encourages them to continue with determination with their efforts to address the shortcomings in their aviation safety oversight system, failing which the Commission will be compelled to take action under Regulation (EC) No 2111/2005. Member States will continue to closely monitor, via prioritised ramp checks in the framework of the SAFA programme, that the corrective actions are effective.

Air carriers from Equatorial Guinea

Air carriers from Equatorial Guinea

| (32) | All air carriers certified in Equatorial Guinea are subject to an operational ban within the EU and listed in Annex A since March 2006. The competent authorities of the Equatorial Guinea (DGAC) provided the Commission with information indicating that an AOC was granted to the air carrier Tango Airways. As there is no evidence of any change to the capacity of DGAC to ensure the oversight of air carriers certified in that State in compliance with the applicable safety standards, on the basis of the common criteria, it is assessed that this air carrier should equally be added to Annex A. |
| --- | --- |

(32)

All air carriers certified in Equatorial Guinea are subject to an operational ban within the EU and listed in Annex A since March 2006. The competent authorities of the Equatorial Guinea (DGAC) provided the Commission with information indicating that an AOC was granted to the air carrier Tango Airways. As there is no evidence of any change to the capacity of DGAC to ensure the oversight of air carriers certified in that State in compliance with the applicable safety standards, on the basis of the common criteria, it is assessed that this air carrier should equally be added to Annex A.

Air Carriers from Eritrea

Air Carriers from Eritrea

| (33) | As a result of findings identified during the ICAO audit of Eritrea in November 2010 ICAO notified to all Contracting States to the Chicago Convention three Significant Safety Concerns (SSC) in the areas of Operations, Airworthiness and Air Navigation Services. In addition, ICAO reported in its final audit report that the lack of effective implementation of international safety standards amounted 79,9 %. |
| --- | --- |

(33)

As a result of findings identified during the ICAO audit of Eritrea in November 2010 ICAO notified to all Contracting States to the Chicago Convention three Significant Safety Concerns (SSC) in the areas of Operations, Airworthiness and Air Navigation Services. In addition, ICAO reported in its final audit report that the lack of effective implementation of international safety standards amounted 79,9 %.

| (34) | Having regard to these results, the Commission entered into formal consultations with the competent authorities of Eritrea (ER-CAA) to seek details of what actions the ER-CAA had taken to address the safety deficiencies identified by the ICAO audit. |
| --- | --- |

(34)

Having regard to these results, the Commission entered into formal consultations with the competent authorities of Eritrea (ER-CAA) to seek details of what actions the ER-CAA had taken to address the safety deficiencies identified by the ICAO audit.

| (35) | ER-CAA informed the Commission by letter that whilst two Significant Safety Concerns concerning Airworthiness and Air Navigation Services had been resolved, the third Significant Safety Concern concerning the certification process for the issuance of an Air Operators Certificate had yet to be resolved and would require a validation mission by ICAO for it to be removed. However, ER-CAA submissions did not contain any information concerning the corrective actions undertaken to address the outstanding Significant Safety Concern nor any information on the operational oversight of Eritrean air carriers, both of whom are authorised by Eritrea to operate into the EU. |
| --- | --- |

(35)

ER-CAA informed the Commission by letter that whilst two Significant Safety Concerns concerning Airworthiness and Air Navigation Services had been resolved, the third Significant Safety Concern concerning the certification process for the issuance of an Air Operators Certificate had yet to be resolved and would require a validation mission by ICAO for it to be removed. However, ER-CAA submissions did not contain any information concerning the corrective actions undertaken to address the outstanding Significant Safety Concern nor any information on the operational oversight of Eritrean air carriers, both of whom are authorised by Eritrea to operate into the EU.

| (36) | The Commission invited repeatedly the ER-CAA to consultation meetings to seek further clarification of the oversight of Eritrean AOC holders. However, the ER-CAA declined to attend these meetings. |
| --- | --- |

(36)

The Commission invited repeatedly the ER-CAA to consultation meetings to seek further clarification of the oversight of Eritrean AOC holders. However, the ER-CAA declined to attend these meetings.

| (37) | The ER-CAA was invited to the Air Safety Committee and made presentations on 21 November 2012. The ER-CAA informed that their Corrective Action Plan had been accepted by ICAO and, as a result of amending their primary aviation legislation and promulgating a number of civil aviation regulations, considered on their part that the Significant Safety Concern had been addressed. It was not clear whether that Eritrea had requested an ICAO Validation Mission although they are receiving support from the ICAO Regional Office Safety Team. However, in view of the Air Safety Committee, they failed to adequately demonstrate they had taken comprehensive action to address all aspects of the Significant Safety Concern. They were also unable to provide clarity on the oversight arrangements associated with the aircraft listed on AOCs issued by Eritrea which include wet leased aircraft from foreign air carriers, a consequence of which being that these aircraft are listed on several AOCs, which does not comply with international safety standards. |
| --- | --- |

(37)

The ER-CAA was invited to the Air Safety Committee and made presentations on 21 November 2012. The ER-CAA informed that their Corrective Action Plan had been accepted by ICAO and, as a result of amending their primary aviation legislation and promulgating a number of civil aviation regulations, considered on their part that the Significant Safety Concern had been addressed. It was not clear whether that Eritrea had requested an ICAO Validation Mission although they are receiving support from the ICAO Regional Office Safety Team. However, in view of the Air Safety Committee, they failed to adequately demonstrate they had taken comprehensive action to address all aspects of the Significant Safety Concern. They were also unable to provide clarity on the oversight arrangements associated with the aircraft listed on AOCs issued by Eritrea which include wet leased aircraft from foreign air carriers, a consequence of which being that these aircraft are listed on several AOCs, which does not comply with international safety standards.

| (38) | Whilst all air carriers licensed in Eritrea were invited to the Air Safety Committee, one of them, Eritrean Airlines made presentations to the Air Safety Committee on 21 November 2012. This air carrier confirmed that it operates two aircraft of type A320 to Rome under a wet lease arrangement, without providing to the satisfaction of the Air Safety Committee clarity on the operational oversight and control of its operations. |
| --- | --- |

(38)

Whilst all air carriers licensed in Eritrea were invited to the Air Safety Committee, one of them, Eritrean Airlines made presentations to the Air Safety Committee on 21 November 2012. This air carrier confirmed that it operates two aircraft of type A320 to Rome under a wet lease arrangement, without providing to the satisfaction of the Air Safety Committee clarity on the operational oversight and control of its operations.

| (39) | The Commission and the Air Safety Committee acknowledge the efforts being made to address the safety deficiencies in the civil aviation system in Eritrea. However, on the basis of the common criteria, pending the effective implementation of adequate corrective actions to remedy the deficiencies identified by ICAO and in particular the outstanding Significant Safety Concern, it is assessed that the competent authorities of Eritrea are, at this stage, not able to implement and enforce the relevant safety standards on air carriers under their regulatory control. Therefore, all air carriers certified in Eritrea should be subject to an operating ban and included in Annex A. |
| --- | --- |

(39)

The Commission and the Air Safety Committee acknowledge the efforts being made to address the safety deficiencies in the civil aviation system in Eritrea. However, on the basis of the common criteria, pending the effective implementation of adequate corrective actions to remedy the deficiencies identified by ICAO and in particular the outstanding Significant Safety Concern, it is assessed that the competent authorities of Eritrea are, at this stage, not able to implement and enforce the relevant safety standards on air carriers under their regulatory control. Therefore, all air carriers certified in Eritrea should be subject to an operating ban and included in Annex A.

| (40) | Once the outstanding significant safety concern is closed to the satisfaction of ICAO, and the major findings of the ICAO audit have been satisfactorily addressed, the Commission is ready to organise, with the assistance of the EASA and the support of Member States, an on-site assessment to verify the progress achieved and prepare a review of the case at the Air Safety Committee. |
| --- | --- |

(40)

Once the outstanding significant safety concern is closed to the satisfaction of ICAO, and the major findings of the ICAO audit have been satisfactorily addressed, the Commission is ready to organise, with the assistance of the EASA and the support of Member States, an on-site assessment to verify the progress achieved and prepare a review of the case at the Air Safety Committee.

Rollins Air from Honduras

Rollins Air from Honduras

| (41) | The competent authorities of Honduras requested in June 2012 the removal of Rollins Air from the safety list on the basis of the suspension of its AOC. They provided evidence on 21 November 2012 that the AOC of Rollins Air, which had been suspended for six months, had expired and was eventually cancelled on 24 September 2012. Consequently, on the basis of the common criteria, Rollins Air should be removed from Annex A. |
| --- | --- |

(41)

The competent authorities of Honduras requested in June 2012 the removal of Rollins Air from the safety list on the basis of the suspension of its AOC. They provided evidence on 21 November 2012 that the AOC of Rollins Air, which had been suspended for six months, had expired and was eventually cancelled on 24 September 2012. Consequently, on the basis of the common criteria, Rollins Air should be removed from Annex A.

Air carriers from Indonesia

Air carriers from Indonesia

| (42) | Consultations with the competent authorities of Indonesia (DGCA) continue with the view to monitoring the progress of the DGCA in ensuring that the safety oversight of all air carriers certified in Indonesia is in compliance with international safety standards. |
| --- | --- |

(42)

Consultations with the competent authorities of Indonesia (DGCA) continue with the view to monitoring the progress of the DGCA in ensuring that the safety oversight of all air carriers certified in Indonesia is in compliance with international safety standards.

| (43) | On 18 October 2012 a videoconference was held between the Commission, EASA and the DGCA during which the DGCA provided an update regarding certain air carriers under their oversight. They informed that five new air carriers had been certified, namely Jayawijaya Dirantara on 16 April 2012, Pacific Royale Airways on 29 May 2012, Citilink Indonesia on 22 June 2012, Angkasa Super Services on 7 June 2012, and Air Born Indonesia on 6 March 2012. However, since DGCA did not provide the evidence that the safety oversight of these air carriers is ensured in compliance with international safety standards, on the basis of the common criteria, it is assessed that these carriers should be included in Annex A. |
| --- | --- |

(43)

On 18 October 2012 a videoconference was held between the Commission, EASA and the DGCA during which the DGCA provided an update regarding certain air carriers under their oversight. They informed that five new air carriers had been certified, namely Jayawijaya Dirantara on 16 April 2012, Pacific Royale Airways on 29 May 2012, Citilink Indonesia on 22 June 2012, Angkasa Super Services on 7 June 2012, and Air Born Indonesia on 6 March 2012. However, since DGCA did not provide the evidence that the safety oversight of these air carriers is ensured in compliance with international safety standards, on the basis of the common criteria, it is assessed that these carriers should be included in Annex A.

| (44) | In addition, the DGCA informed that PT Sampoerna Air Nasantara had changed its name to PT Pegasus Air Services, and PT Nyaman Air had changed its name to PT Heavy Lift, and that therefore their names should be amended in Annex A. |
| --- | --- |

(44)

In addition, the DGCA informed that PT Sampoerna Air Nasantara had changed its name to PT Pegasus Air Services, and PT Nyaman Air had changed its name to PT Heavy Lift, and that therefore their names should be amended in Annex A.

| (45) | DGCA also informed and provided confirmation that the AOC of Dirgantara Air Service had been revoked on 25 May 2012. Therefore, on the basis of the common criteria, it is assessed that this air carrier should be removed from Annex A. |
| --- | --- |

(45)

DGCA also informed and provided confirmation that the AOC of Dirgantara Air Service had been revoked on 25 May 2012. Therefore, on the basis of the common criteria, it is assessed that this air carrier should be removed from Annex A.

| (46) | The DGCA also briefed on the results of a US Federal Aviation Administration (FAA) assessment visit to Indonesia which took place in September 2012. Whilst the FAA noted improvements in the aviation safety oversight system over the past years, the FAA made a number of observations and recommendations in relation to inspector training, the surveillance of foreign aviation activities, enforcement policy and procedures, particularly concerning the use of fines, and the need to improve some local facilities. The DGCA agreed to provide a copy of the formal report of the assessment visit as soon as it became available. |
| --- | --- |

(46)

The DGCA also briefed on the results of a US Federal Aviation Administration (FAA) assessment visit to Indonesia which took place in September 2012. Whilst the FAA noted improvements in the aviation safety oversight system over the past years, the FAA made a number of observations and recommendations in relation to inspector training, the surveillance of foreign aviation activities, enforcement policy and procedures, particularly concerning the use of fines, and the need to improve some local facilities. The DGCA agreed to provide a copy of the formal report of the assessment visit as soon as it became available.

| (47) | The Commission and the Air Safety Committee noted the sound progress made by the Competent Authorities of Indonesia and continue to encourage their efforts towards completing their work of establishing an aviation system fully compliant with ICAO Standards. |
| --- | --- |

(47)

The Commission and the Air Safety Committee noted the sound progress made by the Competent Authorities of Indonesia and continue to encourage their efforts towards completing their work of establishing an aviation system fully compliant with ICAO Standards.

Air carriers from Kazakhstan

Air carriers from Kazakhstan

| (48) | Consultations with the competent authorities of Kazakhstan have continued actively. The competent authorities of Kazakhstan made several submissions, based on which the Commission, assisted by EASA, held a consultation meeting on 17 October 2012. The competent authorities of Kazakhstan were also heard by the Air Safety Committee on 21 November 2012 and made presentations in that respect. |
| --- | --- |

(48)

Consultations with the competent authorities of Kazakhstan have continued actively. The competent authorities of Kazakhstan made several submissions, based on which the Commission, assisted by EASA, held a consultation meeting on 17 October 2012. The competent authorities of Kazakhstan were also heard by the Air Safety Committee on 21 November 2012 and made presentations in that respect.

| (49) | The competent authorities of Kazakhstan reported that they are progressing in an ambitious reform of the aviation sector undertaken since 2009 with a view to enhancing air safety. Following the adoption of a new civil aviation code in July 2010 and the adoption of more than 100 specific aviation regulations, the competent authorities are now progressing in their implementation. They are also progressing in their capacity building with the establishment of a Flight Safety Assessment Centre and the recruitment of additional qualified inspectors, to be continued in the coming months. They are also progressing in the recertification of aircraft and operators. |
| --- | --- |

(49)

The competent authorities of Kazakhstan reported that they are progressing in an ambitious reform of the aviation sector undertaken since 2009 with a view to enhancing air safety. Following the adoption of a new civil aviation code in July 2010 and the adoption of more than 100 specific aviation regulations, the competent authorities are now progressing in their implementation. They are also progressing in their capacity building with the establishment of a Flight Safety Assessment Centre and the recruitment of additional qualified inspectors, to be continued in the coming months. They are also progressing in the recertification of aircraft and operators.

| (50) | The competent authorities of Kazakhstan informed that they continued to take enforcement actions. By order of the Minister of Transport and Communications of 3 July 2011 on the establishment of flight operations rules for the civil aviation of the Republic of Kazakhstan, from 1 November 2012 onwards Soviet-built aircraft not in compliance with ICAO safety standards are not allowed to operate anymore within the Kazakh airspace; consequently the competent authorities of Kazakhstan banned the operations of 7 aircraft of type Yak-40, 2 aircraft of type Antonov 12, 5 aircraft of type Antonov 24 and 1 aircraft of type Tu-134 (12). |
| --- | --- |

(50)

The competent authorities of Kazakhstan informed that they continued to take enforcement actions. By order of the Minister of Transport and Communications of 3 July 2011 on the establishment of flight operations rules for the civil aviation of the Republic of Kazakhstan, from 1 November 2012 onwards Soviet-built aircraft not in compliance with ICAO safety standards are not allowed to operate anymore within the Kazakh airspace; consequently the competent authorities of Kazakhstan banned the operations of 7 aircraft of type Yak-40, 2 aircraft of type Antonov 12, 5 aircraft of type Antonov 24 and 1 aircraft of type Tu-134 (12).

12

| (51) | The competent authorities of Kazakhstan also informed the Commission that 5 air carriers had terminated their operations and provided evidence that their AOC had expired and were not renewed; these air carriers are: Asia Wings, Minas, Skybus, Skyjet and Sayakhat Airlines. Consequently, on the basis of the common criteria, these air carriers should be withdrawn from Annex A. |
| --- | --- |

(51)

The competent authorities of Kazakhstan also informed the Commission that 5 air carriers had terminated their operations and provided evidence that their AOC had expired and were not renewed; these air carriers are: Asia Wings, Minas, Skybus, Skyjet and Sayakhat Airlines. Consequently, on the basis of the common criteria, these air carriers should be withdrawn from Annex A.

| (52) | The competent authorities of Kazakhstan further informed the Commission that 4 airlines previously involved in commercial air transport have ceased this activity, reduced their fleet and have been recertified under aerial work; these airlines are: Aero Aircompany, AK Suncare Aircompany, Kazair West, Ust-Kamenogorsk Air division of EKA. Consequently, on the basis of the common criteria, these air carriers should be withdrawn from Annex A. |
| --- | --- |

(52)

The competent authorities of Kazakhstan further informed the Commission that 4 airlines previously involved in commercial air transport have ceased this activity, reduced their fleet and have been recertified under aerial work; these airlines are: Aero Aircompany, AK Suncare Aircompany, Kazair West, Ust-Kamenogorsk Air division of EKA. Consequently, on the basis of the common criteria, these air carriers should be withdrawn from Annex A.

| (53) | The competent authorities of Kazakhstan informed that by order of the Prime Minister no new AOC can be granted until the competent authorities are in position to fully discharge their responsibilities towards ICAO. |
| --- | --- |

(53)

The competent authorities of Kazakhstan informed that by order of the Prime Minister no new AOC can be granted until the competent authorities are in position to fully discharge their responsibilities towards ICAO.

| (54) | Air Astana was heard by the Air Safety Committee on 21 November 2012 with the view to provide updates on its fleet which is currently undergoing a renewal and made submissions in that respect. They informed that several aircraft had been phased out and that new aircraft are being phased in within the existing B767, B757 A320 series and Fokker 50 fleets, fleets that are already mentioned under Annex B. Air Astana stated and provided evidence that the safety performance of its fleet has improved. The competent authorities of Kazakhstan stated that the operations of the aircraft currently on the AOC are subject to a certain continuing oversight. The competent authorities of Aruba also provided evidence that the airworthiness of the Aruban registered aircraft currently on the AOC of Air Astana are subject to continuing oversight in accordance with international safety standards and that they are satisfied with the airworthiness standards demonstrated. In addition, Member States and EASA confirmed that no specific concern arose from ramp checks carried out at European airports in the framework of the SAFA programme. Consequently, in accordance with the common criteria, Annex B should be amended to allow, within the current level of operations, the operation of aircraft of type B767, B757, A320 series and Fokker 50 that are or will be listed on the AOC of Air Astana provided such aircraft are registered in Aruba and the AOC and all changes thereto are timely submitted to the Commission and Eurocontrol. |
| --- | --- |

(54)

Air Astana was heard by the Air Safety Committee on 21 November 2012 with the view to provide updates on its fleet which is currently undergoing a renewal and made submissions in that respect. They informed that several aircraft had been phased out and that new aircraft are being phased in within the existing B767, B757 A320 series and Fokker 50 fleets, fleets that are already mentioned under Annex B. Air Astana stated and provided evidence that the safety performance of its fleet has improved. The competent authorities of Kazakhstan stated that the operations of the aircraft currently on the AOC are subject to a certain continuing oversight. The competent authorities of Aruba also provided evidence that the airworthiness of the Aruban registered aircraft currently on the AOC of Air Astana are subject to continuing oversight in accordance with international safety standards and that they are satisfied with the airworthiness standards demonstrated. In addition, Member States and EASA confirmed that no specific concern arose from ramp checks carried out at European airports in the framework of the SAFA programme. Consequently, in accordance with the common criteria, Annex B should be amended to allow, within the current level of operations, the operation of aircraft of type B767, B757, A320 series and Fokker 50 that are or will be listed on the AOC of Air Astana provided such aircraft are registered in Aruba and the AOC and all changes thereto are timely submitted to the Commission and Eurocontrol.

| (55) | Member States will verify the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of Air Astana pursuant to Regulation (EU) No 965/2012. Should the results of such checks, or any other relevant safety information, indicate that international safety standards are not being met, the Commission will be forced to take action under the auspices of Regulation (EC) No 2111/2005. |
| --- | --- |

(55)

Member States will verify the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of Air Astana pursuant to Regulation (EU) No 965/2012. Should the results of such checks, or any other relevant safety information, indicate that international safety standards are not being met, the Commission will be forced to take action under the auspices of Regulation (EC) No 2111/2005.

| (56) | The Commission continues to support the ambitious reform of the civil aviation system undertaken by the authorities of Kazakhstan and invites these authorities to continue with determination their efforts towards the establishment of a civil aviation oversight system in compliance with international safety standards. To that end, it encourages these authorities to continue the implementation of the corrective action plan agreed with ICAO, focusing in priority on the two outstanding Significant Safety Concerns and the recertification of all operators under their responsibility. Once those significant safety concerns are closed to the satisfaction of ICAO, the Commission is ready to organise, with the assistance of the EASA and the support of Member States, an on-site assessment to verify the progress achieved and prepare a review of the case at the Air Safety Committee. |
| --- | --- |

(56)

The Commission continues to support the ambitious reform of the civil aviation system undertaken by the authorities of Kazakhstan and invites these authorities to continue with determination their efforts towards the establishment of a civil aviation oversight system in compliance with international safety standards. To that end, it encourages these authorities to continue the implementation of the corrective action plan agreed with ICAO, focusing in priority on the two outstanding Significant Safety Concerns and the recertification of all operators under their responsibility. Once those significant safety concerns are closed to the satisfaction of ICAO, the Commission is ready to organise, with the assistance of the EASA and the support of Member States, an on-site assessment to verify the progress achieved and prepare a review of the case at the Air Safety Committee.

Air carriers from Kyrgyzstan

Air carriers from Kyrgyzstan

| (57) | The air carriers established in the Kyrgyz Republic have been subject to an operating ban since 2006. The Commission, assisted by EASA, held a consultation meeting on 5 October 2012 with the competent authorities of Kyrgyzstan, during which these authorities indicated that the Kyrgyzstan had adopted a new legal framework and that the exit from the safety list was a priority for the government. |
| --- | --- |

(57)

The air carriers established in the Kyrgyz Republic have been subject to an operating ban since 2006. The Commission, assisted by EASA, held a consultation meeting on 5 October 2012 with the competent authorities of Kyrgyzstan, during which these authorities indicated that the Kyrgyzstan had adopted a new legal framework and that the exit from the safety list was a priority for the government.

| (58) | The competent authorities of Kyrgyzstan provided information indicating that the following air carriers had changed their names: Eastok Avia into Air Bishkek and Dames into State Aviation Enterprise under the Ministry of Emergency Situations (SAEMES). Therefore, Annex A should be amended accordingly. |
| --- | --- |

(58)

The competent authorities of Kyrgyzstan provided information indicating that the following air carriers had changed their names: Eastok Avia into Air Bishkek and Dames into State Aviation Enterprise under the Ministry of Emergency Situations (SAEMES). Therefore, Annex A should be amended accordingly.

| (59) | The competent authorities of Kyrgyzstan informed that an AOC has been granted to the following air carriers: Manas Airways, Supreme Aviation and Sky KG Airlines. However, they did not provide the evidence that the safety oversight of these air carriers are ensured in compliance with international safety standards. Therefore, on the basis of the common criteria, it is assessed that these air carriers should be included in Annex A. |
| --- | --- |

(59)

The competent authorities of Kyrgyzstan informed that an AOC has been granted to the following air carriers: Manas Airways, Supreme Aviation and Sky KG Airlines. However, they did not provide the evidence that the safety oversight of these air carriers are ensured in compliance with international safety standards. Therefore, on the basis of the common criteria, it is assessed that these air carriers should be included in Annex A.

| (60) | The competent authorities of Kyrgyzstan provided the Commission with evidence of the revocation of the following AOCs: Trast Aero, Asian Air and Kyrgyzstan Airlines. In addition, they informed that the AOCs of Aerostan and Itek Air had expired and had not been renewed. Consequently, on the basis of the common criteria, these air carriers should be withdrawn from Annex A. |
| --- | --- |

(60)

The competent authorities of Kyrgyzstan provided the Commission with evidence of the revocation of the following AOCs: Trast Aero, Asian Air and Kyrgyzstan Airlines. In addition, they informed that the AOCs of Aerostan and Itek Air had expired and had not been renewed. Consequently, on the basis of the common criteria, these air carriers should be withdrawn from Annex A.

| (61) | Upon agreement with the competent authorities of Kyrgyzstan, the Commission remains committed to organise, with the assistance of EASA and the support of Member States, a safety assessment mission to Kyrgyzstan to verify on-site the implementation of the new rules and the satisfactory oversight of certain air carriers certified in Kyrgyzstan. |
| --- | --- |

(61)

Upon agreement with the competent authorities of Kyrgyzstan, the Commission remains committed to organise, with the assistance of EASA and the support of Member States, a safety assessment mission to Kyrgyzstan to verify on-site the implementation of the new rules and the satisfactory oversight of certain air carriers certified in Kyrgyzstan.

Air carriers from Libya

Air carriers from Libya

| (62) | Consultations with the competent authorities of Libya (LCAA) continue with the aim of confirming that Libya is progressing in its work to reform its civil aviation safety system, and in particular ensuring that the safety oversight of all air carriers certified in Libya is in compliance with international safety standards. |
| --- | --- |

(62)

Consultations with the competent authorities of Libya (LCAA) continue with the aim of confirming that Libya is progressing in its work to reform its civil aviation safety system, and in particular ensuring that the safety oversight of all air carriers certified in Libya is in compliance with international safety standards.

| (63) | The LCAA, and representatives of Afriqiyah, Libyan Airlines and Buraq Air, met with the Commission, EASA, and certain members of the Air Safety Committee on 15 October 2012 to brief on progress. The LCAA informed that they had taken regulatory action by revoking the AOCs (13) of 16 of the 26 Libyan air carriers. They had employed consultants in the short term and ICAO assistance in the long term to provide technical support, and that they were in the process of recruiting a number of additional pilots and engineers to act as inspecting staff. |
| --- | --- |

(63)

The LCAA, and representatives of Afriqiyah, Libyan Airlines and Buraq Air, met with the Commission, EASA, and certain members of the Air Safety Committee on 15 October 2012 to brief on progress. The LCAA informed that they had taken regulatory action by revoking the AOCs (13) of 16 of the 26 Libyan air carriers. They had employed consultants in the short term and ICAO assistance in the long term to provide technical support, and that they were in the process of recruiting a number of additional pilots and engineers to act as inspecting staff.

13

| (64) | The LCAA further informed that they were embarking on a five stage recertification process of all Libyan air carriers, commencing with Libyan Airlines and Afriqiyah, and would report on progress and provide the audit reports when they became available. At the same time they would develop and implement an annual oversight system to ensure continued compliance of ICAO standards by their air carriers. |
| --- | --- |

(64)

The LCAA further informed that they were embarking on a five stage recertification process of all Libyan air carriers, commencing with Libyan Airlines and Afriqiyah, and would report on progress and provide the audit reports when they became available. At the same time they would develop and implement an annual oversight system to ensure continued compliance of ICAO standards by their air carriers.

| (65) | The Air Safety Committee heard presentations from the LCAA, Libyan Airlines and Afriqiyah on 21 November 2012. The LCAA stated clearly that unsafe operations would not be tolerated in Libya. They confirmed the details provided at the meeting of the 16 October, in particular that the investigation report on the Afriqiyah A330 accident would be published before February 2013, that the recertification process is planned to be completed in the case of Libyan Airlines and Afriqiyah by December 2012 and for the remaining air carriers by December 2013. They also informed that they would continue to take enforcement action where necessary to contain safety risks, as they did in the case of the temporary grounding of an A320. |
| --- | --- |

(65)

The Air Safety Committee heard presentations from the LCAA, Libyan Airlines and Afriqiyah on 21 November 2012. The LCAA stated clearly that unsafe operations would not be tolerated in Libya. They confirmed the details provided at the meeting of the 16 October, in particular that the investigation report on the Afriqiyah A330 accident would be published before February 2013, that the recertification process is planned to be completed in the case of Libyan Airlines and Afriqiyah by December 2012 and for the remaining air carriers by December 2013. They also informed that they would continue to take enforcement action where necessary to contain safety risks, as they did in the case of the temporary grounding of an A320.

| (66) | Libyan Airlines informed its safety management processes had been improved as well as the training of its crew. |
| --- | --- |

(66)

Libyan Airlines informed its safety management processes had been improved as well as the training of its crew.

| (67) | Afriqiyah informed the Air Safety Committee about its quality assurance system and the use of external training organisations. The air carrier also stated that, as a result of the A330 accident, the flight schedules were modified to reduce the risk of pilot fatigue, a pilot training programme on ‘go-around’ procedures was carried out and external expertise was brought in to assist in developing safety programmes. The air carrier also expressed the desire to operate to Spain, France, the United Kingdom, Italy, Germany and Austria, once the LCAA had lifted their current restrictions. |
| --- | --- |

(67)

Afriqiyah informed the Air Safety Committee about its quality assurance system and the use of external training organisations. The air carrier also stated that, as a result of the A330 accident, the flight schedules were modified to reduce the risk of pilot fatigue, a pilot training programme on ‘go-around’ procedures was carried out and external expertise was brought in to assist in developing safety programmes. The air carrier also expressed the desire to operate to Spain, France, the United Kingdom, Italy, Germany and Austria, once the LCAA had lifted their current restrictions.

| (68) | The Commission and Air Safety Committee were encouraged by the sound plan of the LCAA to address the safety deficiencies in their aviation system, the realistic timescales for actions, and the progress made to date. They noted that the LCAA would retain the current restrictions on each Libyan air carriers operations into the EU, Norway, Switzerland and Iceland until such time as a full five stage recertification has been completed and any significant findings closed, following which, and in agreement with the Commission, individual air carriers could be permitted to recommence commercial flights to the EU, Norway, Switzerland and Iceland. |
| --- | --- |

(68)

The Commission and Air Safety Committee were encouraged by the sound plan of the LCAA to address the safety deficiencies in their aviation system, the realistic timescales for actions, and the progress made to date. They noted that the LCAA would retain the current restrictions on each Libyan air carriers operations into the EU, Norway, Switzerland and Iceland until such time as a full five stage recertification has been completed and any significant findings closed, following which, and in agreement with the Commission, individual air carriers could be permitted to recommence commercial flights to the EU, Norway, Switzerland and Iceland.

| (69) | Furthermore, for each air carrier recertified, the LCAA committed to submit to the Commission detailed information on the recertification process and meet with the Commission and Member States to discuss in detail the relevant audits, findings, remedial actions taken and closure actions, together with details of the plans for continuing oversight before any relaxations of restrictions are agreed. Should this information fail to demonstrate to the satisfaction of the Commission and Member States that the recertification process had been effectively completed and a sustainable continued oversight is in place in accordance with ICAO standards, the Commission would be compelled to take measures to prevent air carriers from operating into the EU, Norway, Switzerland and Iceland airspace. If further clarification is needed the Commission may decide to conduct an on-site visit prior to any relaxation in restrictions. |
| --- | --- |

(69)

Furthermore, for each air carrier recertified, the LCAA committed to submit to the Commission detailed information on the recertification process and meet with the Commission and Member States to discuss in detail the relevant audits, findings, remedial actions taken and closure actions, together with details of the plans for continuing oversight before any relaxations of restrictions are agreed. Should this information fail to demonstrate to the satisfaction of the Commission and Member States that the recertification process had been effectively completed and a sustainable continued oversight is in place in accordance with ICAO standards, the Commission would be compelled to take measures to prevent air carriers from operating into the EU, Norway, Switzerland and Iceland airspace. If further clarification is needed the Commission may decide to conduct an on-site visit prior to any relaxation in restrictions.

| (70) | For air carriers that are subsequently permitted to operate into the EU, the Member States will verify the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EU) No 965/2012. Should the results of such checks, or any other relevant safety information, indicate that international safety standards are not being met the Commission will be forced to take action under the auspices of Regulation (EC) No 2111/2005. |
| --- | --- |

(70)

For air carriers that are subsequently permitted to operate into the EU, the Member States will verify the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EU) No 965/2012. Should the results of such checks, or any other relevant safety information, indicate that international safety standards are not being met the Commission will be forced to take action under the auspices of Regulation (EC) No 2111/2005.

Air carriers from the Islamic Republic of Mauritania

Air carriers from the Islamic Republic of Mauritania

| (71) | Air carriers certified in Mauritania have been listed in Annex A since November 2010 (14). The competent authorities of Mauritania (ANAC) have since then engaged in active consultations with the Commission with the view to update on progress made in the reform of the regulation of civil aviation and made numerous submissions in that respect. Two meetings were held with ANAC and Mauritania Airlines on 24 September and 10 October 2012. ANAC and Mauritania Airlines International were also heard by the Air Safety Committee on 21 November 2012. |
| --- | --- |

(71)

Air carriers certified in Mauritania have been listed in Annex A since November 2010 (14). The competent authorities of Mauritania (ANAC) have since then engaged in active consultations with the Commission with the view to update on progress made in the reform of the regulation of civil aviation and made numerous submissions in that respect. Two meetings were held with ANAC and Mauritania Airlines on 24 September and 10 October 2012. ANAC and Mauritania Airlines International were also heard by the Air Safety Committee on 21 November 2012.

14

| (72) | ANAC informed that decisive actions were undertaken to reform the safety oversight system and that a number of achievement have already been obtained: in particular, the establishment of a new civil air code, the amendment of the civil aviation legislation to align it with the Annexes to the Chicago Convention, changes to the ANAC’s management, structure and staffing and the establishment of a complete set of procedures for the certification and the continuous surveillance of air carriers. |
| --- | --- |

(72)

ANAC informed that decisive actions were undertaken to reform the safety oversight system and that a number of achievement have already been obtained: in particular, the establishment of a new civil air code, the amendment of the civil aviation legislation to align it with the Annexes to the Chicago Convention, changes to the ANAC’s management, structure and staffing and the establishment of a complete set of procedures for the certification and the continuous surveillance of air carriers.

| (73) | ANAC informed that they have taken effective enforcement actions. ANAC confirmed in particular that the AOC of Mauritania Airways expired on 15 December 2010 and was not renewed as the air carrier ceased its activity. ANAC also informed that the certificates and derogations held by the air carrier Class Aviation were revoked in January 2011. |
| --- | --- |

(73)

ANAC informed that they have taken effective enforcement actions. ANAC confirmed in particular that the AOC of Mauritania Airways expired on 15 December 2010 and was not renewed as the air carrier ceased its activity. ANAC also informed that the certificates and derogations held by the air carrier Class Aviation were revoked in January 2011.

| (74) | ICAO carried out two coordination and validations missions (ICVM) in Mauritania in April and September 2012 to validate the progress made by the State. The final reports stemming from these missions confirm that major progress has been achieved, with a 47 % improvement in the overall compliance with international safety standards. ICAO confirmed to the Commission on 1 October 2012 the exceptional progress made by ANAC. However, these missions also concluded on the need to continue the effective implementation of all corrective actions, notably with regard to the surveillance obligations and the resolution of identified safety concerns, where ICAO reports the lack of effective implementation of international safety standards reaches 51 % and 58 % respectively. ANAC indicated it intends to pursue its actions with determination to improve further the compliance with ICAO standards. |
| --- | --- |

(74)

ICAO carried out two coordination and validations missions (ICVM) in Mauritania in April and September 2012 to validate the progress made by the State. The final reports stemming from these missions confirm that major progress has been achieved, with a 47 % improvement in the overall compliance with international safety standards. ICAO confirmed to the Commission on 1 October 2012 the exceptional progress made by ANAC. However, these missions also concluded on the need to continue the effective implementation of all corrective actions, notably with regard to the surveillance obligations and the resolution of identified safety concerns, where ICAO reports the lack of effective implementation of international safety standards reaches 51 % and 58 % respectively. ANAC indicated it intends to pursue its actions with determination to improve further the compliance with ICAO standards.

| (75) | In its consultations with ANAC, the Commission specifically assessed the robustness of the safety oversight of Mauritania Airlines International. Deficiencies had been identified in the initial certification of Mauritania Airlines International as its AOC was issued on 8 May 2011 without providing evidence that the non-compliance identified during the initial certification of the airline, in particular the RVSM (reduced vertical separation minima) authorisations, the lack of flight data monitoring and the lack of ground personnel, had been effectively rectified prior to the issuance of the AOC. However, ANAC and Mauritania Airlines International reported and provided evidence that all deficiencies were resolved on 25 October 2012. ANAC also stated and provided evidence that the air carrier is now subject to adequate continuous oversight in accordance with international safety standards. |
| --- | --- |

(75)

In its consultations with ANAC, the Commission specifically assessed the robustness of the safety oversight of Mauritania Airlines International. Deficiencies had been identified in the initial certification of Mauritania Airlines International as its AOC was issued on 8 May 2011 without providing evidence that the non-compliance identified during the initial certification of the airline, in particular the RVSM (reduced vertical separation minima) authorisations, the lack of flight data monitoring and the lack of ground personnel, had been effectively rectified prior to the issuance of the AOC. However, ANAC and Mauritania Airlines International reported and provided evidence that all deficiencies were resolved on 25 October 2012. ANAC also stated and provided evidence that the air carrier is now subject to adequate continuous oversight in accordance with international safety standards.

| (76) | The Air Safety Committee welcomes the major progress reported by the competent authorities of Mauritania in the rectification of the deficiencies identified by ICAO and the resolution of the deficiencies identified in the initial certification of Mauritania Airlines International. Taking into account the effective enforcement actions decided and implemented by ANAC with regard to the other air carriers which are no longer in existence, on the basis of the common criteria, it is assessed that all air carriers certified in Mauritania should be removed from Annex A. |
| --- | --- |

(76)

The Air Safety Committee welcomes the major progress reported by the competent authorities of Mauritania in the rectification of the deficiencies identified by ICAO and the resolution of the deficiencies identified in the initial certification of Mauritania Airlines International. Taking into account the effective enforcement actions decided and implemented by ANAC with regard to the other air carriers which are no longer in existence, on the basis of the common criteria, it is assessed that all air carriers certified in Mauritania should be removed from Annex A.

| (77) | ANAC stated and confirmed in writing that Mauritania Airlines International does not intend to resume flights to the EU in the short term, except to Las Palmas de Gran Canaria (Spain) and not before February 2013. |
| --- | --- |

(77)

ANAC stated and confirmed in writing that Mauritania Airlines International does not intend to resume flights to the EU in the short term, except to Las Palmas de Gran Canaria (Spain) and not before February 2013.

| (78) | The competent authorities of Spain indicated that they had provided technical assistance to ANAC and confirmed that they were satisfied with the flights resuming to Las Palmas de Gran Canaria. |
| --- | --- |

(78)

The competent authorities of Spain indicated that they had provided technical assistance to ANAC and confirmed that they were satisfied with the flights resuming to Las Palmas de Gran Canaria.

| (79) | Member States will verify the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of air carriers licensed in Mauritania pursuant to Regulation (EU) No 965/2012. |
| --- | --- |

(79)

Member States will verify the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of air carriers licensed in Mauritania pursuant to Regulation (EU) No 965/2012.

| (80) | The Commission intends to carry out, with the assistance of EASA and the support of Member States, an on-site safety assessment visit to confirm the satisfactory implementation of the measures taken by ANAC. |
| --- | --- |

(80)

The Commission intends to carry out, with the assistance of EASA and the support of Member States, an on-site safety assessment visit to confirm the satisfactory implementation of the measures taken by ANAC.

| (81) | Should the results of ramp checks or any other relevant safety information indicate that international safety standards are not being met, the Commission will be forced to take actions under the auspices of Regulation (EC) No 2111/2005. |
| --- | --- |

(81)

Should the results of ramp checks or any other relevant safety information indicate that international safety standards are not being met, the Commission will be forced to take actions under the auspices of Regulation (EC) No 2111/2005.

Air carriers from the Philippines

Air carriers from the Philippines

| (82) | Air carriers certified in the Philippines have been listed in Annex A since 31 March 2010 (15). Consultations with the competent authorities of the Philippines (CAAP) have since then been pursued with the view to obtain updates on progress made in the reform of the regulation of civil aviation. Several submissions were made and a videoconference was held on 18 November 2012 between the Commission, assisted by EASA, and the CAAP. |
| --- | --- |

(82)

Air carriers certified in the Philippines have been listed in Annex A since 31 March 2010 (15). Consultations with the competent authorities of the Philippines (CAAP) have since then been pursued with the view to obtain updates on progress made in the reform of the regulation of civil aviation. Several submissions were made and a videoconference was held on 18 November 2012 between the Commission, assisted by EASA, and the CAAP.

15

| (83) | CAAP informed that ICAO carried out an on-site coordination and validation mission (ICVM) in October 2012, and gave a view on its preliminary results, which reveal a 7 % improvement in the overall compliance to ICAO standards. However, the Significant Safety Concern notified by ICAO to all Contracting Parties to the Chicago Convention with regard to the safety oversight of air operators would remain open and further safety concerns were raised by ICAO regarding the aircraft registry. |
| --- | --- |

(83)

CAAP informed that ICAO carried out an on-site coordination and validation mission (ICVM) in October 2012, and gave a view on its preliminary results, which reveal a 7 % improvement in the overall compliance to ICAO standards. However, the Significant Safety Concern notified by ICAO to all Contracting Parties to the Chicago Convention with regard to the safety oversight of air operators would remain open and further safety concerns were raised by ICAO regarding the aircraft registry.

| (84) | CAAP confirmed that AviaTour Fly’In was involved in a second fatal accident on 18 August 2012, in addition to the fatal accident occurred on March 2012 (16). The CAAP did not respond adequately to requests for information by the Commission, failing in particular to provide information on the validity of the AOC of this air carrier which, according to previous submissions, was due to expire on 14 August 2012, and on the on-going results of the accident investigations on both accidents. |
| --- | --- |

(84)

CAAP confirmed that AviaTour Fly’In was involved in a second fatal accident on 18 August 2012, in addition to the fatal accident occurred on March 2012 (16). The CAAP did not respond adequately to requests for information by the Commission, failing in particular to provide information on the validity of the AOC of this air carrier which, according to previous submissions, was due to expire on 14 August 2012, and on the on-going results of the accident investigations on both accidents.

16

| (85) | Whilst the Commission had received information that the air carriers South West Air Corporation, Airgurus and Skyjet would have started commercial air transport, the CAAP did not respond adequately to requests for information by the Commission, failing in particular to provide the AOCs of these air carriers together with the complete operations specifications; the CAAP also failed to demonstrate that the certification and continuous oversight of these air carriers comply fully with the applicable international safety standards. Therefore, on the basis of the common criteria, it is assessed that these air carriers should be equally included in Annex A. |
| --- | --- |

(85)

Whilst the Commission had received information that the air carriers South West Air Corporation, Airgurus and Skyjet would have started commercial air transport, the CAAP did not respond adequately to requests for information by the Commission, failing in particular to provide the AOCs of these air carriers together with the complete operations specifications; the CAAP also failed to demonstrate that the certification and continuous oversight of these air carriers comply fully with the applicable international safety standards. Therefore, on the basis of the common criteria, it is assessed that these air carriers should be equally included in Annex A.

| (86) | The Commission continues to support the reform of the civil aviation system undertaken by the competent authorities of the Philippines and invites these authorities to continue with determination their efforts towards the establishment of a civil aviation oversight system in compliance with international safety standards. To that end, it encourages these authorities to continue the implementation of the corrective action plan agreed with the FAA and ICAO, focusing in priority on the outstanding Significant Safety Concerns, the recertification of all operators under their responsibility and effective enforcement actions in case of safety concerns or violations of the applicable legislation. Once the FAA has modified its assessment of the Philippines compliance with international safety standards and all Significant Safety Concerns are closed to the satisfaction of ICAO, the Commission is ready to organise, with the assistance of the EASA and the support of Member States, an on-site assessment to verify the progress achieved and prepare a review of the case at the Air Safety Committee. |
| --- | --- |

(86)

The Commission continues to support the reform of the civil aviation system undertaken by the competent authorities of the Philippines and invites these authorities to continue with determination their efforts towards the establishment of a civil aviation oversight system in compliance with international safety standards. To that end, it encourages these authorities to continue the implementation of the corrective action plan agreed with the FAA and ICAO, focusing in priority on the outstanding Significant Safety Concerns, the recertification of all operators under their responsibility and effective enforcement actions in case of safety concerns or violations of the applicable legislation. Once the FAA has modified its assessment of the Philippines compliance with international safety standards and all Significant Safety Concerns are closed to the satisfaction of ICAO, the Commission is ready to organise, with the assistance of the EASA and the support of Member States, an on-site assessment to verify the progress achieved and prepare a review of the case at the Air Safety Committee.

Jordan Aviation

Jordan Aviation

| (87) | The Commission, assisted by EASA, carried out a safety assessment visit to the Hashemite Kingdom of Jordan between 30 September and 4 October 2012 in order to verify the satisfactory implementation of the measures undertaken by the competent authorities for civil aviation (Civil Aviation Regulatory Commission — CARC) and the air carrier Jordan Aviation (PSC) to address the safety concerns described in Regulation (EC) No 1197/2011. |
| --- | --- |

(87)

The Commission, assisted by EASA, carried out a safety assessment visit to the Hashemite Kingdom of Jordan between 30 September and 4 October 2012 in order to verify the satisfactory implementation of the measures undertaken by the competent authorities for civil aviation (Civil Aviation Regulatory Commission — CARC) and the air carrier Jordan Aviation (PSC) to address the safety concerns described in Regulation (EC) No 1197/2011.

| (88) | During the visit, CARC provided the assessment team with evidence of the effectiveness of its corrective and preventive action plan developed and implemented after the imposition of the EU operational restrictions on the air carrier Jordan Aviation. It also demonstrated that it was now capable of discharging its obligations under ICAO standards for the oversight of operators to whom it had issued an AOC. The assessment team reported a credible commitment by CARC to implement its corrective and preventive action plan, significant improvements achieved to date as well as its open, cooperative and constructive approach in addressing shortfalls identified in their procedures. While receiving confirmation that the existing procedures for oversight can guarantee that the air carriers undertake timely effective corrective actions in case safety deficiencies would be identified, the assessment team identified however areas for improvements, notably with regard to the procedure related to the approval of Minimum Equipment List (MEL) as well as the one related to the approval of the transport of dangerous goods. |
| --- | --- |

(88)

During the visit, CARC provided the assessment team with evidence of the effectiveness of its corrective and preventive action plan developed and implemented after the imposition of the EU operational restrictions on the air carrier Jordan Aviation. It also demonstrated that it was now capable of discharging its obligations under ICAO standards for the oversight of operators to whom it had issued an AOC. The assessment team reported a credible commitment by CARC to implement its corrective and preventive action plan, significant improvements achieved to date as well as its open, cooperative and constructive approach in addressing shortfalls identified in their procedures. While receiving confirmation that the existing procedures for oversight can guarantee that the air carriers undertake timely effective corrective actions in case safety deficiencies would be identified, the assessment team identified however areas for improvements, notably with regard to the procedure related to the approval of Minimum Equipment List (MEL) as well as the one related to the approval of the transport of dangerous goods.

| (89) | Since November 2011 the air carrier Jordan Aviation was subject to heightened surveillance by CARC through an intensive focus on ramp inspections, en-route inspections, aircraft airworthiness reviews and Continuous Airworthiness Management Organisation reviews. Jordan Aviation was also assessed for compliance with Jordan Civil Aviation Regulations during an annual audit. The results of these audits pointed to a significant improvement in the field of the management of the continuing airworthiness. In addition, further to the request of the air operator to add a new type of aircraft (Airbus A330-200) to its fleet, CARC proceeded with an assessment of the ability of Jordan Aviation for the induction of a new aircraft type. The variation of the AOC was completed on 9 May 2012 and the Airbus A330-200 was added to Jordan Aviation AOC Operations Specifications. |
| --- | --- |

(89)

Since November 2011 the air carrier Jordan Aviation was subject to heightened surveillance by CARC through an intensive focus on ramp inspections, en-route inspections, aircraft airworthiness reviews and Continuous Airworthiness Management Organisation reviews. Jordan Aviation was also assessed for compliance with Jordan Civil Aviation Regulations during an annual audit. The results of these audits pointed to a significant improvement in the field of the management of the continuing airworthiness. In addition, further to the request of the air operator to add a new type of aircraft (Airbus A330-200) to its fleet, CARC proceeded with an assessment of the ability of Jordan Aviation for the induction of a new aircraft type. The variation of the AOC was completed on 9 May 2012 and the Airbus A330-200 was added to Jordan Aviation AOC Operations Specifications.

| (90) | During the visit the assessment team was provided with evidence of the effectiveness of the corrective and preventive action plan developed and implemented by Jordan Aviation. Whilst the air carrier was able to demonstrate that the system put in place for management of continuing airworthiness is now adequate to ensure the air carrier’s aircraft remain airworthy, the team identified however areas for improvement, notably with regard to the procedures for the operation of a new route and the crew planning. |
| --- | --- |

(90)

During the visit the assessment team was provided with evidence of the effectiveness of the corrective and preventive action plan developed and implemented by Jordan Aviation. Whilst the air carrier was able to demonstrate that the system put in place for management of continuing airworthiness is now adequate to ensure the air carrier’s aircraft remain airworthy, the team identified however areas for improvement, notably with regard to the procedures for the operation of a new route and the crew planning.

| (91) | Following the request made by CARC and Jordan Aviation for the reassessment of the operating restrictions imposed by Regulation (EC) No 1197/2011 and considering that the conditions therefore were met, CARC and Jordan Aviation were invited to make presentations to the Air Safety Committee. The hearing took place on 21 November 2012. During the meeting CARC and Jordan Aviation also provided the details of the corrective action plan set up to address the observations made during the on-site visit. |
| --- | --- |

(91)

Following the request made by CARC and Jordan Aviation for the reassessment of the operating restrictions imposed by Regulation (EC) No 1197/2011 and considering that the conditions therefore were met, CARC and Jordan Aviation were invited to make presentations to the Air Safety Committee. The hearing took place on 21 November 2012. During the meeting CARC and Jordan Aviation also provided the details of the corrective action plan set up to address the observations made during the on-site visit.

| (92) | The Air Safety Committee welcomed the improvements achieved by CARC and Jordan Aviation in the implementation of international safety standards and considered that further limitations of this air carrier are no longer necessary. Therefore, on the basis of the common criteria, it is assessed that Jordan Aviation should be removed from Annex B. |
| --- | --- |

(92)

The Air Safety Committee welcomed the improvements achieved by CARC and Jordan Aviation in the implementation of international safety standards and considered that further limitations of this air carrier are no longer necessary. Therefore, on the basis of the common criteria, it is assessed that Jordan Aviation should be removed from Annex B.

| (93) | Member States will verify the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EU) No 965/2012. |
| --- | --- |

(93)

Member States will verify the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EU) No 965/2012.

Air Madagascar

Air Madagascar

| (94) | The air carrier Air Madagascar is subject to operational restrictions and is listed in Annex B pursuant to Regulation (EC) No 390/2011.Consultations with the competent authorities of Madagascar (ACM) and the Air Madagascar have since been pursued with the view to get updates on progress made in the implementation of corrective actions. |
| --- | --- |

(94)

The air carrier Air Madagascar is subject to operational restrictions and is listed in Annex B pursuant to Regulation (EC) No 390/2011.Consultations with the competent authorities of Madagascar (ACM) and the Air Madagascar have since been pursued with the view to get updates on progress made in the implementation of corrective actions.

| (95) | ICAO carried out a Coordinated Validation Mission (ICVM) from 21 to 25 May 2012 which confirmed some progress as the lack of effective implementation of ICAO standards was evaluated at 44,4 % down from 70,7 %. However the mission also concluded on the need to continue the effective implementation of all corrective actions, notably with regard to the provisions for the training and qualification of technical personnel, the surveillance obligations and the resolutions of safety concerns where respectively 67 %, 58 % and 86 % of ICAO standards were not effectively implemented. |
| --- | --- |

(95)

ICAO carried out a Coordinated Validation Mission (ICVM) from 21 to 25 May 2012 which confirmed some progress as the lack of effective implementation of ICAO standards was evaluated at 44,4 % down from 70,7 %. However the mission also concluded on the need to continue the effective implementation of all corrective actions, notably with regard to the provisions for the training and qualification of technical personnel, the surveillance obligations and the resolutions of safety concerns where respectively 67 %, 58 % and 86 % of ICAO standards were not effectively implemented.

| (96) | ACM and the air carrier Air Madagascar requested to be heard by the Air Safety Committee and did so on 20 November 2012. They presented the progress made in the implementation of their respective action plans. ACM also informed they have entered into a two-year contract to obtain external technical assistance to support their safety oversight. The Air Safety Committee took note of the progress reported and welcomed the efforts made by ACM to improve its capacity to fulfil its obligations with regard to the ICAO requirements. |
| --- | --- |

(96)

ACM and the air carrier Air Madagascar requested to be heard by the Air Safety Committee and did so on 20 November 2012. They presented the progress made in the implementation of their respective action plans. ACM also informed they have entered into a two-year contract to obtain external technical assistance to support their safety oversight. The Air Safety Committee took note of the progress reported and welcomed the efforts made by ACM to improve its capacity to fulfil its obligations with regard to the ICAO requirements.

| (97) | The Air Safety Committee encourages ACM to continue its efforts towards resolution of all non-compliance findings identified during the ICVM audit carried out by ICAO and especially in the field of the surveillance of the air operators certified in Madagascar. The Commission, assisted by the EASA and with the support of the Member States, is ready to carry out an assessment on site once the implementation of the action plans by ACM and Air Madagascar has sufficiently advanced. |
| --- | --- |

(97)

The Air Safety Committee encourages ACM to continue its efforts towards resolution of all non-compliance findings identified during the ICVM audit carried out by ICAO and especially in the field of the surveillance of the air operators certified in Madagascar. The Commission, assisted by the EASA and with the support of the Member States, is ready to carry out an assessment on site once the implementation of the action plans by ACM and Air Madagascar has sufficiently advanced.

Vim Avia from the Russian Federation

Vim Avia from the Russian Federation

| (98) | The Commission, assisted by the EASA and certain Member States, carried out a safety assessment visit to the Russian Federation from 4 to 8 June 2012 in order to verify the satisfactory implementation of the measures undertaken by the competent authorities of the Russian Federation (FATA) and the air carrier VIM AVIA certified in the Russian Federation to address the safety concerns described in Commission Implementing Regulations (EC) No 1197/2011 (17) and (EU) No 295/2012 (18).This safety assessment included visits to FATA headquarters as well as VIM AVIA headquarters, to the air carrier’s maintenance facilities at Domodedovo airport and a ramp check of one aircraft of its fleet. The results of this assessment revealed that overall VIM AVIA has progressed with the establishment of a safety management system. With regard to VIMA AVIA’s corrective action plans, however, it appeared that three out of the 12 corrective actions could not be considered to be effectively implemented. VIM AVIA was invited to review and complete its action plan accordingly before resuming flights into the EU. |
| --- | --- |

(98)

The Commission, assisted by the EASA and certain Member States, carried out a safety assessment visit to the Russian Federation from 4 to 8 June 2012 in order to verify the satisfactory implementation of the measures undertaken by the competent authorities of the Russian Federation (FATA) and the air carrier VIM AVIA certified in the Russian Federation to address the safety concerns described in Commission Implementing Regulations (EC) No 1197/2011 (17) and (EU) No 295/2012 (18).This safety assessment included visits to FATA headquarters as well as VIM AVIA headquarters, to the air carrier’s maintenance facilities at Domodedovo airport and a ramp check of one aircraft of its fleet. The results of this assessment revealed that overall VIM AVIA has progressed with the establishment of a safety management system. With regard to VIMA AVIA’s corrective action plans, however, it appeared that three out of the 12 corrective actions could not be considered to be effectively implemented. VIM AVIA was invited to review and complete its action plan accordingly before resuming flights into the EU.

17

18

| (99) | On 20 June 2012, FATA informed the Commission that the air carrier had been reauthorized, with effect from that date, to fly to and from the EU on grounds that it had successfully completed additional corrective actions related to these three areas. |
| --- | --- |

(99)

On 20 June 2012, FATA informed the Commission that the air carrier had been reauthorized, with effect from that date, to fly to and from the EU on grounds that it had successfully completed additional corrective actions related to these three areas.

| (100) | The Commission, after reviewing the additional measures reported, expressed concerns that the company could have completed them effectively in such a short time. The attention of the Russian competent authorities was also drawn to the unsatisfactory results of a ramp inspection carried out in Spain on 26 June 2012 (19), which pointed to deficiencies in VIM AVIA’s continuous airworthiness and maintenance departments. The Russian competent authorities were also invited to provide information on a serious incident occurred to VIM AVIA on 24 June 2012. |
| --- | --- |

(100)

The Commission, after reviewing the additional measures reported, expressed concerns that the company could have completed them effectively in such a short time. The attention of the Russian competent authorities was also drawn to the unsatisfactory results of a ramp inspection carried out in Spain on 26 June 2012 (19), which pointed to deficiencies in VIM AVIA’s continuous airworthiness and maintenance departments. The Russian competent authorities were also invited to provide information on a serious incident occurred to VIM AVIA on 24 June 2012.

19

| (101) | In view of the above, the Commission, EASA and certain Members of the Air Safety Committee held a meeting on 19 October 2012 with the Russian competent authorities and VIM AVIA. VIM AVIA reported that corrective measures had been undertaken and closed with regard to all open issues identified in the final report of the safety assessment mission in Russia carried out in June 2012 and provided evidence for closure actions after the meeting. FATA informed that two investigations had been opened following a serious incident occurred to VIM AVIA on 24 June 2012 and provided a summary of their conclusions. |
| --- | --- |

(101)

In view of the above, the Commission, EASA and certain Members of the Air Safety Committee held a meeting on 19 October 2012 with the Russian competent authorities and VIM AVIA. VIM AVIA reported that corrective measures had been undertaken and closed with regard to all open issues identified in the final report of the safety assessment mission in Russia carried out in June 2012 and provided evidence for closure actions after the meeting. FATA informed that two investigations had been opened following a serious incident occurred to VIM AVIA on 24 June 2012 and provided a summary of their conclusions.

| (102) | Spain confirmed to the Air Safety Committee that all findings of the later ramp inspections performed in Spain to VIM AVIA had been closed. Spain also informed about a meeting held in Madrid with VIM AVIA representatives and noted the cooperative attitude of this company. |
| --- | --- |

(102)

Spain confirmed to the Air Safety Committee that all findings of the later ramp inspections performed in Spain to VIM AVIA had been closed. Spain also informed about a meeting held in Madrid with VIM AVIA representatives and noted the cooperative attitude of this company.

| (103) | Member States will verify the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier at European airports. Should the results of these ramp inspections show a repetition of safety concerns regarding the operations of VIM AVIA, the Commission will be compelled to take action under in the framework of Regulation (EC) No 2111/2005. |
| --- | --- |

(103)

Member States will verify the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier at European airports. Should the results of these ramp inspections show a repetition of safety concerns regarding the operations of VIM AVIA, the Commission will be compelled to take action under in the framework of Regulation (EC) No 2111/2005.

Air carriers from Rwanda

Air carriers from Rwanda

| (104) | On 9 May 2012 the Competent Authorities of Rwanda wrote to the Commission and provided evidence that Silverback Cargo Freighters’ AOC had been revoked on 30 October 2009. Therefore, on the basis of the common criteria, it is assessed that Silverback Cargo Freighters should be removed from Annex A. |
| --- | --- |

(104)

On 9 May 2012 the Competent Authorities of Rwanda wrote to the Commission and provided evidence that Silverback Cargo Freighters’ AOC had been revoked on 30 October 2009. Therefore, on the basis of the common criteria, it is assessed that Silverback Cargo Freighters should be removed from Annex A.

| (105) | The Commission and the Air Safety Committee notes, however, that Rwanda remains subject to a Significant Safety Concern issued following the ICAO USOAP audit in 2007 and notified by ICAO to all States Party to the Chicago Convention. The Commission therefore encourages the competent authorities of Rwanda to continue their efforts in addressing the safety issues and will continue to closely monitor the aviation safety situation in Rwanda to ensure that any remaining safety concern is effectively addressed. |
| --- | --- |

(105)

The Commission and the Air Safety Committee notes, however, that Rwanda remains subject to a Significant Safety Concern issued following the ICAO USOAP audit in 2007 and notified by ICAO to all States Party to the Chicago Convention. The Commission therefore encourages the competent authorities of Rwanda to continue their efforts in addressing the safety issues and will continue to closely monitor the aviation safety situation in Rwanda to ensure that any remaining safety concern is effectively addressed.

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 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, 3 December 2012.

For the Commission, On behalf of the President,

Joaquín ALMUNIA

Vice-President

---

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

1

(2)  
  OJ L 143, 30.4.2004, p. 76.

2

(3)  
  OJ L 84, 23.3.2006, p. 14.

3

(4)  
  OJ L 373, 31.12.1991, p. 4.

4

(5)  
  OJ L 84, 23.3.2006, p. 8.

5

(6)  
  OJ L 296 25.10.2012, p 1.

6

(7)  
  OJ L 170, 6.7.2010, p. 9.

7

(8)  
  OJ L 306, 23.11.2010, p. 44.

8

(9)  Recitals (60) to (64) of Regulation (EC) No 474/2006 of 22 March 2006, OJ L 84, 23.3.2006, p. 18.

9

(10)  In October 2010 the Netherlands Antilles (being part of the Kingdom of the Netherlands) were dissolved and two new countries were created: Curaçao and Sint Maarten. The Kingdom of the Netherlands now consists of four countries: the Netherlands (in Europe), Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten are the legal successors of the Netherlands Antilles and therefore share the same aircraft register (PJ). Since October 2010 both countries have to organize their aviation safety oversight system for themselves and each country has created its own competent authorities. Because of the interdependencies between the two countries, the cases are reviewed in parallel.

10

(11)  CAA-NL-2012-30, CAA-NL-2012-154, CAA-NL-2012-155, CAA-NL-2012-156, CAA-NL-2012-161, CAA-NL-2012-162; DGAC/F-2011-1628, DGAC/F-2011-1640, DGAC/F-2011-2007, DGAC/F-2011-2329, DGAC/F-2012-230, DGAC/F-2012-231, DGAC/F-2012-603, DGAC/F-2012-693.

11

(12)  7 aircraft of type Yak-40; 2 aircraft of type Antonov 12; 5 aircraft of type Antonov 24; 1 aircraft of type Tu-134.

12

(13)  International Company, Tobruk Air Transport, Awsaj Aviation Service, Kalat Aleker Air Company, Alajniha Air Transport, Nayzak Air Transport, Qurina Air Services, Libyan Air Cargo, Air One Nine, Gulf Pearal Airlines, Horizon Airline, North African Air Transport, Madina Air, Assanad Aviation, Benina Air, Awas Aviation.

13

(14)  Recitals (43) to (51) of Regulation (EU) No 1071/2010 of 22 November 2010, OJ L 306, 23.11.2010, p. 49.

14

(15)  Recitals (74) to (87) of Regulation (EU) No 273/2010 of 30 March 2010, OJ L 84, 31.3.2010, p. 32.

15

(16)  Recital (43) of Regulation (EU) No 295/2012 of 3 April 2012, OJ L 98, 4.4.2012, p. 17.

16

(17)  
  OJ L 303, 22.11.2011, p. 14.

17

(18)  
  OJ L 98, 4.4.2012, p. 13.

18

(19)  No AESA-E-2012-392

19

---

ANNEX

‘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 |
| CONSORCIO VENEZOLANO DE INDUSTRIAS AERONAUTICAS Y SERVICIOS AEREOS, S.A. “CONVIASA” | VCV-DB-10 | VCV | Bolivarian Republic of Venezuela |
| MERIDIAN AIRWAYS LTD | AOC 023 | MAG | Republic of Ghana |
| 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 | AO 008-01/11 | Unknown | Republic of Angola |
| AIR26 | AO 003-01/11-DCD | DCD | Republic of Angola |
| Air Gicango | 009 | Unknown | Republic of Angola |
| AIR JET | AO 006-01/11-MBC | MBC | Republic of Angola |
| AIR NAVE | 017 | Unknown | Republic of Angola |
| ANGOLA AIR SERVICES | 006 | Unknown | Republic of Angola |
| Diexim | 007 | Unknown | Republic of Angola |
| FLY540 | AO 004-01 FLYA | Unknown | Republic of Angola |
| GIRA GLOBO | 008 | GGL | Republic of Angola |
| HELIANG | 010 | Unknown | Republic of Angola |
| HELIMALONGO | AO 005-01/11 | Unknown | Republic of Angola |
| MAVEWA | 016 | Unknown | Republic of Angola |
| SONAIR | AO 002-01/10-SOR | SOR | Republic of Angola |
| All air carriers certified by the authorities with responsibility for regulatory oversight of 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 |
| CANADIAN AIRWAYS CONGO | RAC06-012 | Unknown | Republic of Congo |
| EMERAUDE | RAC06-008 | Unknown | Republic of Congo |
| EQUAFLIGHT SERVICES | RAC 06-003 | EKA | Republic of Congo |
| EQUAJET | RAC06-007 | Unknown | Republic of Congo |
| EQUATORIAL CONGO AIRLINES S.A. | RAC 06-014 | Unknown | Republic of Congo |
| MISTRAL AVIATION | RAC06-011 | Unknown | Republic of Congo |
| TRANS AIR CONGO | RAC 06-001 | Unknown | Republic of Congo |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Democratic Republic of Congo (DRC), including | | | Democratic Republic of Congo (RDC) |
| AFRICAN AIR SERVICE COMMUTER | 104/CAB/MIN/TVC/2012 | Unknown | Democratic Republic of Congo (RDC) |
| AIR FAST CONGO | 409/CAB/MIN/TVC/0039/2010 | Unknown | Democratic Republic of Congo (RDC) |
| AIR KASAI | 409/CAB/MIN/TVC/0053/2010 | Unknown | Democratic Republic of Congo (RDC) |
| AIR KATANGA | 409/CAB/MIN/TVC/0056/2010 | Unknown | Democratic Republic of Congo (RDC) |
| AIR TROPIQUES | 409/CAB/MIN/TVC/00625/2010 | Unknown | Democratic Republic of Congo (RDC) |
| BLUE AIRLINES | 106/CAB/MIN/TVC/2012 | 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 | ABB | Democratic Republic of Congo (RDC) |
| BUSY BEE CONGO | 409/CAB/MIN/TVC/0064/2010 | Unknown | Democratic Republic of Congo (RDC) |
| CETRACA AVIATION SERVICE | 105/CAB/MIN/TVC/2012 | 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/0050/2010 | CAA | Democratic Republic of Congo (RDC) |
| DOREN AIR CONGO | 102/CAB/MIN/TVC/2012 | 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 | FIL | Democratic Republic of Congo (RDC) |
| FLY CONGO | 409/CAB/MIN/TVC/0126/2012 | 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/0051/2011 | Unknown | Democratic Republic of Congo (RDC) |
| GOMAIR | 409/CAB/MIN/TVC/011/2011 | 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/0065/2010 | Unknown | Democratic Republic of Congo (RDC) |
| JET CONGO AIRWAYS | Unknown | Unknown | Democratic Republic of Congo (RDC) |
| KATANGA EXPRESS | 409/CAB/MIN/TVC/0083/2010 | Unknown | Democratic Republic of Congo (RDC) |
| KATANGA WINGS | 409/CAB/MIN/TVC/0092/2011 | Unknown | Democratic Republic of Congo (RDC) |
| KIN AVIA | 409/CAB/MIN/TVC/0059/2010 | Unknown | Democratic Republic of Congo (RDC) |
| KORONGO AIRLINES | 409/CAB/MIN/TVC/001/2011 | Unknown | Democratic Republic of Congo (RDC) |
| Lignes Aériennes Congolaises (LAC) | Ministerial signature (ordonnance No 78/205) | LCG | Democratic Republic of Congo (RDC) |
| MALU AVIATION | 098/CAB/MIN/TVC/2012 | Unknown | Democratic Republic of Congo (RDC) |
| MANGO AIRLINES | 409/CAB/MIN/TVC/009/2011 | 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 | 103/CAB/MIN/TVC/2012 | Unknown | Democratic Republic of Congo (RDC) |
| STELLAR AIRWAYS | AAC/DG/DTA/TM/787/2011 | Unknown | Democratic Republic of Congo (RDC) |
| SWALA AVIATION | 409/CAB/MIN/TVC/0084/2010 | Unknown | Democratic Republic of Congo (RDC) |
| TMK AIR COMMUTER | 409/CAB/MIN/TVC/044/09 | Unknown | Democratic Republic of Congo (RDC) |
| TRACEP CONGO/TRACEP CONGO AVIATION | 409/CAB/MIN/TVC/0085/2010 | Unknown | Democratic Republic of Congo (RDC) |
| TRANS AIR CARGO SERVICES | 409/CAB/MIN/TVC/073/2011 | Unknown | Democratic Republic of Congo (RDC) |
| WILL AIRLIFT | 409/CAB/MIN/TVC/0247/2011 | 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 | 2011/0004/MTTCT/DGAC/SOPS | Unknown | Equatorial Guinea |
| CEIBA INTERCONTINENTAL | 2011/0001/MTTCT/DGAC/SOPS | CEL | Equatorial Guinea |
| Punto Azul | 2012/0006/MTTCT/DGAC/SOPS | Unknown | Equatorial Guinea |
| TANGO AIRWAYS | Unknown | Unknown | Equatorial Guinea |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Eritrea, including | | | Eritrea |
| ERITREAN AIRLINES | AOC No 004 | ERT | Eritrea |
| NASAIR ERITREA | AOC No 005 | NAS | Eritrea |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Indonesia, with the exception of Garuda Indonesia, Airfast Indonesia, Mandala Airlines, EkspresTransportasiAntarbenua, Indonesia Air Asia and Metro Batavia, including | | | Republic of Indonesia |
| AIR BORN INDONESIA | 135-055 | Unknown | Republic of Indonesia |
| AIR PACIFIC UTAMA | 135-020 | Unknown | Republic of Indonesia |
| ALFA TRANS DIRGANTATA | 135-012 | Unknown | Republic of Indonesia |
| ANGKASA SUPER SERVICES | 135-050 | 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 |
| CITILINK INDONESIA | 121-046 | 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 |
| Enggang Air Service | 135-045' | Unknown | Republic of Indonesia |
| Ersa Eastern Aviation | 135-047 | Unknown | Republic of Indonesia |
| GATARI AIR SERVICE | 135-018 | GHS | Republic of Indonesia |
| HEAVY LIFT | 135-042 | Unknown | Republic of Indonesia |
| INDONESIA AIR TRANSPORT | 121-034 | IDA | Republic of Indonesia |
| INTAN ANGKASA AIR SERVICE | 135-019 | Unknown | Republic of Indonesia |
| JAYAWIJAYA DIRGANTARA | 121-044 | 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 |
| Matthew Air Nusantara | 135-048 | Unknown | 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 |
| PACIFIC ROYALE AIRWAYS | 121-045 | Unknown | Republic of Indonesia |
| PEGASUS AIR SERVICES | 135-036 | Unknown | Republic of Indonesia |
| PELITA AIR SERVICE | 121-008 | PAS | Republic of Indonesia |
| PENERBANGAN ANGKASA SEMESTA | 135-026 | Unknown | Republic of Indonesia |
| PURA WISATA BARUNA | 135-025 | Unknown | Republic of Indonesia |
| RIAU AIRLINES | 121-016 | RIU | Republic of Indonesia |
| SAYAP GARUDA INDAH | 135-004 | Unknown | Republic of Indonesia |
| 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 |
| SURYA AIR | 135-046 | Unknown | Republic of Indonesia |
| TransNusa Aviation Mandiri | 121-048 | 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 |
| AIR ALMATY | AK-0453-11 | LMY | Republic of Kazakhstan |
| AIR TRUST AIRCOMPANY | AK-0455-12 | RTR | Republic of Kazakhstan |
| ASIA CONTINENTAL Airlines | AK-0317-12 | CID | Republic of Kazakhstan |
| ATMA AIRLINES | AK-0437-10 | AMA | Republic of Kazakhstan |
| AVIA-JAYNAR/avia-zhaynar | AK-067-12 | SAP | Republic of Kazakhstan |
| BEYBARS AIRCOMPANY | AK-0442-11 | BBS | Republic of Kazakhstan |
| BEK AIR | AK-0463-12 | BEK | Republic of Kazakhstan |
| BURUNDAYAVIA AIRLINES | AK-0456-12 | BRY | Republic of Kazakhstan |
| COMLUX-KZ | AK-0449-11 | KAZ | Republic of Kazakhstan |
| DETA AIR | AK-0458-12 | DET | Republic of Kazakhstan |
| EAST WING | AK-0465-12 | EWZ | Republic of Kazakhstan |
| LUK AERO (FORMER EASTERN EXPRESS) | AK-0464-12 | LIS | Republic of Kazakhstan |
| EURO-ASIA AIR | AK-0441-11 | EAK | Republic of Kazakhstan |
| EURO-ASIA AIR INTERNATIONAL | AK-0445-11 | KZE | Republic of Kazakhstan |
| FLY JET KZ | AK-0446-11 | FJK | Republic of Kazakhstan |
| INVESTAVIA | AK-0447-11 | TLG | Republic of Kazakhstan |
| IRTYSH AIR | AK-0439-11 | MZA | Republic of Kazakhstan |
| JET AIRLINES | AK-0459-12 | SOZ | Republic of Kazakhstan |
| JET ONE | AK-0468-12 | JKZ | Republic of Kazakhstan |
| KAZAIR JET | AK-0442-11 | KEJ | Republic of Kazakhstan |
| KAZAIRTRANS AIRLINE | AK-0466-12 | KUY | Republic of Kazakhstan |
| KAZAVIASPAS | AK-0452-11 | KZS | Republic of Kazakhstan |
| MEGA Airlines | AK-0462-12 | MGK | Republic of Kazakhstan |
| Prime aviation | AK-0448-11 | PKZ | Republic of Kazakhstan |
| SAMAL AIR | AK-0454-12 | SAV | Republic of Kazakhstan |
| SEMEYAVIA | AK-450-11 | SMK | Republic of Kazakhstan |
| SCAT | AK-0460-12 | VSV | Republic of Kazakhstan |
| ZHETYSU AIRCOMPANY | AK-0438-11 | JTU | 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 |
| Avia Traffic Company | 23 | AVJ | Kyrgyz Republic |
| CENTRAL ASIAN AVIATION SERVICES (CAAS) | 13 | CBK | Kyrgyz Republic |
| Click Airways | 11 | CGK | Kyrgyz Republic |
| STATE AVIATION ENTERPRISE UNDER THE MINISTRY OF EMERGENCY SITUATIONS (SAEMES) | 20 | DAM | Kyrgyz Republic |
| AIR BISHKEK (FORMERLY EASTOK AVIA) | 15 | EEA | Kyrgyz Republic |
| KYRGYZ TRANS AVIA | 31 | KTC | Kyrgyz Republic |
| Kyrgyzstan | 03 | LYN | Kyrgyz Republic |
| MANAS AIRWAYS | 42 | BAM | Kyrgyz Republic |
| S GROUP AVIATION | 6 | SGL | Kyrgyz Republic |
| SKY KG AIRLINES | 41 | KGK | Kyrgyz Republic |
| Sky Way air | 39 | SAB | Kyrgyz Republic |
| SUPREME AVIATION | 40 | SGK | 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 | 010/MTAC/ANAC-G/DSA | 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 Mozambique, including | | | Republic of Mozambique |
| Aero-Servicos sarl | MOZ-08 | Unknown | Republic of Mozambique |
| Aerovisao de Mozambique | Unknown | Unknown | Republic of Mozambique |
| CFA Mozambique | MOZ-10 | Unknown | Republic of Mozambique |
| CFM-Transportes e trabalho aereo sA | MOZ-07 | Unknown | Republic of Mozambique |
| Emilio Air Charter lda | MOZ-05 | Unknown | Republic of Mozambique |
| ETA Air Charter LDA | MOZ-04 | Unknown | Republic of Mozambique |
| Helicopteros Capital | MOZ-11 | Unknown | Republic of Mozambique |
| KAYA AIRLINES | MOZ-09 | Unknown | Republic of Mozambique |
| Mozambique Airlines (linhas aereas de moçambique) | MOZ-01 | LAM | Republic of Mozambique |
| Mozambique Express/MEX | MOZ-02 | MXE | Republic of Mozambique |
| Unique Air Charter | MOZ-13 | Unknown | Republic of Mozambique |
| Safari Air | MOZ-12 | Unknown | Republic of Mozambique |
| VR Cropsprayers lda | MOZ-06 | Unknown | Republic of Mozambique |
| All air carriers certified by the authorities with responsibility for regulatory oversight of the Philippines, including | | | Republic of the Philippines |
| AEROEQUIPEMENT AVIATION | Unknown | Unknown | Republic of the Philippines |
| AEROMAJESTIC | Unknown | Unknown | Republic of the Philippines |
| Aerowurks Aerial SprAying Services | 2010030 | Unknown | Republic of the Philippines |
| AIR ASIA PHILIPPINES | Unknown | Unknown | Republic of the Philippines |
| AIRGURUS | Unknown | 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 |
| CERTEZA INFOSYSTEMS CORP. | 2011040 | Unknown | Republic of the Philippines |
| Chemtrad Aviation Corporation | 2009018 | Unknown | Republic of the Philippines |
| CM aero SERVICES | 20110401 | 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 |
| INTERISLAND AIRLINES | 2010023 | Unknown | Republic of the Philippines |
| Island Aviation | 2009009 | SOY | Republic of the Philippines |
| Island HELICOPTER SERVICES | 2011043 | 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 |
| MID-SEA EXPRESS | | 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 |
| NORTHSKY AIR INC. | 2011042 | 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 |
| SKYJET | Unknown | Unknown | Republic of the Philippines |
| SOUTH EAST ASIA AIRLINE INC. (SEAIR) | 2009 004 | Unknown | Republic of the Philippines |
| SOUTHERN AIR FLIGHT SERVICES | 2011045 | Unknown | Republic of the Philippines |
| Southstar aviation company, inc. | 4AN9800037 | Unknown | Republic of the Philippines |
| SOUTHWEST AIR CORPORATION | Unknown | 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 |
| ALFA AIRLINES | 054 | AAJ | Republic of the Sudan |
| ALMAJAL AVIATION SERVICE | 015 | MGG | Republic of the Sudan |
| ALMAJARA AVIATION | Unknown | MJA | Republic of the Sudan |
| ATTICO AIRLINES (TRANS ATTICO) | 023 | ETC | Republic of the Sudan |
| AZZA TRANSPORT COMPANY | 012 | AZZ | Republic of the Sudan |
| BADER AIRLINES | 035 | BDR | Republic of the Sudan |
| FOURTY EIGHT AVIATION | 054 | WHB | Republic of the Sudan |
| GREEN FLAG AVIATION | 017 | Unkown | Republic of the Sudan |
| MARSLAND COMPANY | 040 | MSL | Republic of the Sudan |
| NOVA AIRLINES | 001 | NOV | Republic of the Sudan |
| Sudan Airways | Unknown | SUD | Republic of the Sudan |
| SUDANESE STATES AVIATION COMPANY | 010 | SNV | Republic of the Sudan |
| SUN AIR COMPANY | 051 | SNR | 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

CONSORCIO VENEZOLANO DE INDUSTRIAS AERONAUTICAS Y SERVICIOS AEREOS, S.A. “CONVIASA”

VCV-DB-10

VCV

Bolivarian Republic of Venezuela

MERIDIAN AIRWAYS LTD

AOC 023

MAG

Republic of Ghana

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

AO 008-01/11

Unknown

Republic of Angola

AIR26

AO 003-01/11-DCD

DCD

Republic of Angola

Air Gicango

009

Unknown

Republic of Angola

AIR JET

AO 006-01/11-MBC

MBC

Republic of Angola

AIR NAVE

017

Unknown

Republic of Angola

ANGOLA AIR SERVICES

006

Unknown

Republic of Angola

Diexim

007

Unknown

Republic of Angola

FLY540

AO 004-01 FLYA

Unknown

Republic of Angola

GIRA GLOBO

008

GGL

Republic of Angola

HELIANG

010

Unknown

Republic of Angola

HELIMALONGO

AO 005-01/11

Unknown

Republic of Angola

MAVEWA

016

Unknown

Republic of Angola

SONAIR

AO 002-01/10-SOR

SOR

Republic of Angola

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

CANADIAN AIRWAYS CONGO

RAC06-012

Unknown

Republic of Congo

EMERAUDE

RAC06-008

Unknown

Republic of Congo

EQUAFLIGHT SERVICES

RAC 06-003

EKA

Republic of Congo

EQUAJET

RAC06-007

Unknown

Republic of Congo

EQUATORIAL CONGO AIRLINES S.A.

RAC 06-014

Unknown

Republic of Congo

MISTRAL AVIATION

RAC06-011

Unknown

Republic of Congo

TRANS AIR CONGO

RAC 06-001

Unknown

Republic of Congo

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

Democratic Republic of Congo (RDC)

AFRICAN AIR SERVICE COMMUTER

104/CAB/MIN/TVC/2012

Unknown

Democratic Republic of Congo (RDC)

AIR FAST CONGO

409/CAB/MIN/TVC/0039/2010

Unknown

Democratic Republic of Congo (RDC)

AIR KASAI

409/CAB/MIN/TVC/0053/2010

Unknown

Democratic Republic of Congo (RDC)

AIR KATANGA

409/CAB/MIN/TVC/0056/2010

Unknown

Democratic Republic of Congo (RDC)

AIR TROPIQUES

409/CAB/MIN/TVC/00625/2010

Unknown

Democratic Republic of Congo (RDC)

BLUE AIRLINES

106/CAB/MIN/TVC/2012

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

ABB

Democratic Republic of Congo (RDC)

BUSY BEE CONGO

409/CAB/MIN/TVC/0064/2010

Unknown

Democratic Republic of Congo (RDC)

CETRACA AVIATION SERVICE

105/CAB/MIN/TVC/2012

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/0050/2010

CAA

Democratic Republic of Congo (RDC)

DOREN AIR CONGO

102/CAB/MIN/TVC/2012

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

FIL

Democratic Republic of Congo (RDC)

FLY CONGO

409/CAB/MIN/TVC/0126/2012

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/0051/2011

Unknown

Democratic Republic of Congo (RDC)

GOMAIR

409/CAB/MIN/TVC/011/2011

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/0065/2010

Unknown

Democratic Republic of Congo (RDC)

JET CONGO AIRWAYS

Unknown

Unknown

Democratic Republic of Congo (RDC)

KATANGA EXPRESS

409/CAB/MIN/TVC/0083/2010

Unknown

Democratic Republic of Congo (RDC)

KATANGA WINGS

409/CAB/MIN/TVC/0092/2011

Unknown

Democratic Republic of Congo (RDC)

KIN AVIA

409/CAB/MIN/TVC/0059/2010

Unknown

Democratic Republic of Congo (RDC)

KORONGO AIRLINES

409/CAB/MIN/TVC/001/2011

Unknown

Democratic Republic of Congo (RDC)

Lignes Aériennes Congolaises (LAC)

Ministerial signature (ordonnance No 78/205)

LCG

Democratic Republic of Congo (RDC)

MALU AVIATION

098/CAB/MIN/TVC/2012

Unknown

Democratic Republic of Congo (RDC)

MANGO AIRLINES

409/CAB/MIN/TVC/009/2011

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

103/CAB/MIN/TVC/2012

Unknown

Democratic Republic of Congo (RDC)

STELLAR AIRWAYS

AAC/DG/DTA/TM/787/2011

Unknown

Democratic Republic of Congo (RDC)

SWALA AVIATION

409/CAB/MIN/TVC/0084/2010

Unknown

Democratic Republic of Congo (RDC)

TMK AIR COMMUTER

409/CAB/MIN/TVC/044/09

Unknown

Democratic Republic of Congo (RDC)

TRACEP CONGO/TRACEP CONGO AVIATION

409/CAB/MIN/TVC/0085/2010

Unknown

Democratic Republic of Congo (RDC)

TRANS AIR CARGO SERVICES

409/CAB/MIN/TVC/073/2011

Unknown

Democratic Republic of Congo (RDC)

WILL AIRLIFT

409/CAB/MIN/TVC/0247/2011

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

2011/0004/MTTCT/DGAC/SOPS

Unknown

Equatorial Guinea

CEIBA INTERCONTINENTAL

2011/0001/MTTCT/DGAC/SOPS

CEL

Equatorial Guinea

Punto Azul

2012/0006/MTTCT/DGAC/SOPS

Unknown

Equatorial Guinea

TANGO AIRWAYS

Unknown

Unknown

Equatorial Guinea

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

Eritrea

ERITREAN AIRLINES

AOC No 004

ERT

Eritrea

NASAIR ERITREA

AOC No 005

NAS

Eritrea

All air carriers certified by the authorities with responsibility for regulatory oversight of Indonesia, with the exception of Garuda Indonesia, Airfast Indonesia, Mandala Airlines, EkspresTransportasiAntarbenua, Indonesia Air Asia and Metro Batavia, including

Republic of Indonesia

AIR BORN INDONESIA

135-055

Unknown

Republic of Indonesia

AIR PACIFIC UTAMA

135-020

Unknown

Republic of Indonesia

ALFA TRANS DIRGANTATA

135-012

Unknown

Republic of Indonesia

ANGKASA SUPER SERVICES

135-050

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

CITILINK INDONESIA

121-046

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

Enggang Air Service

135-045'

Unknown

Republic of Indonesia

Ersa Eastern Aviation

135-047

Unknown

Republic of Indonesia

GATARI AIR SERVICE

135-018

GHS

Republic of Indonesia

HEAVY LIFT

135-042

Unknown

Republic of Indonesia

INDONESIA AIR TRANSPORT

121-034

IDA

Republic of Indonesia

INTAN ANGKASA AIR SERVICE

135-019

Unknown

Republic of Indonesia

JAYAWIJAYA DIRGANTARA

121-044

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

Matthew Air Nusantara

135-048

Unknown

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

PACIFIC ROYALE AIRWAYS

121-045

Unknown

Republic of Indonesia

PEGASUS AIR SERVICES

135-036

Unknown

Republic of Indonesia

PELITA AIR SERVICE

121-008

PAS

Republic of Indonesia

PENERBANGAN ANGKASA SEMESTA

135-026

Unknown

Republic of Indonesia

PURA WISATA BARUNA

135-025

Unknown

Republic of Indonesia

RIAU AIRLINES

121-016

RIU

Republic of Indonesia

SAYAP GARUDA INDAH

135-004

Unknown

Republic of Indonesia

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

SURYA AIR

135-046

Unknown

Republic of Indonesia

TransNusa Aviation Mandiri

121-048

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

AIR ALMATY

AK-0453-11

LMY

Republic of Kazakhstan

AIR TRUST AIRCOMPANY

AK-0455-12

RTR

Republic of Kazakhstan

ASIA CONTINENTAL Airlines

AK-0317-12

CID

Republic of Kazakhstan

ATMA AIRLINES

AK-0437-10

AMA

Republic of Kazakhstan

AVIA-JAYNAR/avia-zhaynar

AK-067-12

SAP

Republic of Kazakhstan

BEYBARS AIRCOMPANY

AK-0442-11

BBS

Republic of Kazakhstan

BEK AIR

AK-0463-12

BEK

Republic of Kazakhstan

BURUNDAYAVIA AIRLINES

AK-0456-12

BRY

Republic of Kazakhstan

COMLUX-KZ

AK-0449-11

KAZ

Republic of Kazakhstan

DETA AIR

AK-0458-12

DET

Republic of Kazakhstan

EAST WING

AK-0465-12

EWZ

Republic of Kazakhstan

LUK AERO (FORMER EASTERN EXPRESS)

AK-0464-12

LIS

Republic of Kazakhstan

EURO-ASIA AIR

AK-0441-11

EAK

Republic of Kazakhstan

EURO-ASIA AIR INTERNATIONAL

AK-0445-11

KZE

Republic of Kazakhstan

FLY JET KZ

AK-0446-11

FJK

Republic of Kazakhstan

INVESTAVIA

AK-0447-11

TLG

Republic of Kazakhstan

IRTYSH AIR

AK-0439-11

MZA

Republic of Kazakhstan

JET AIRLINES

AK-0459-12

SOZ

Republic of Kazakhstan

JET ONE

AK-0468-12

JKZ

Republic of Kazakhstan

KAZAIR JET

AK-0442-11

KEJ

Republic of Kazakhstan

KAZAIRTRANS AIRLINE

AK-0466-12

KUY

Republic of Kazakhstan

KAZAVIASPAS

AK-0452-11

KZS

Republic of Kazakhstan

MEGA Airlines

AK-0462-12

MGK

Republic of Kazakhstan

Prime aviation

AK-0448-11

PKZ

Republic of Kazakhstan

SAMAL AIR

AK-0454-12

SAV

Republic of Kazakhstan

SEMEYAVIA

AK-450-11

SMK

Republic of Kazakhstan

SCAT

AK-0460-12

VSV

Republic of Kazakhstan

ZHETYSU AIRCOMPANY

AK-0438-11

JTU

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

Avia Traffic Company

23

AVJ

Kyrgyz Republic

CENTRAL ASIAN AVIATION SERVICES (CAAS)

13

CBK

Kyrgyz Republic

Click Airways

11

CGK

Kyrgyz Republic

STATE AVIATION ENTERPRISE UNDER THE MINISTRY OF EMERGENCY SITUATIONS (SAEMES)

20

DAM

Kyrgyz Republic

AIR BISHKEK (FORMERLY EASTOK AVIA)

15

EEA

Kyrgyz Republic

KYRGYZ TRANS AVIA

31

KTC

Kyrgyz Republic

Kyrgyzstan

03

LYN

Kyrgyz Republic

MANAS AIRWAYS

42

BAM

Kyrgyz Republic

S GROUP AVIATION

6

SGL

Kyrgyz Republic

SKY KG AIRLINES

41

KGK

Kyrgyz Republic

Sky Way air

39

SAB

Kyrgyz Republic

SUPREME AVIATION

40

SGK

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

010/MTAC/ANAC-G/DSA

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 Mozambique, including

Republic of Mozambique

Aero-Servicos sarl

MOZ-08

Unknown

Republic of Mozambique

Aerovisao de Mozambique

Unknown

Unknown

Republic of Mozambique

CFA Mozambique

MOZ-10

Unknown

Republic of Mozambique

CFM-Transportes e trabalho aereo sA

MOZ-07

Unknown

Republic of Mozambique

Emilio Air Charter lda

MOZ-05

Unknown

Republic of Mozambique

ETA Air Charter LDA

MOZ-04

Unknown

Republic of Mozambique

Helicopteros Capital

MOZ-11

Unknown

Republic of Mozambique

KAYA AIRLINES

MOZ-09

Unknown

Republic of Mozambique

Mozambique Airlines (linhas aereas de moçambique)

MOZ-01

LAM

Republic of Mozambique

Mozambique Express/MEX

MOZ-02

MXE

Republic of Mozambique

Unique Air Charter

MOZ-13

Unknown

Republic of Mozambique

Safari Air

MOZ-12

Unknown

Republic of Mozambique

VR Cropsprayers lda

MOZ-06

Unknown

Republic of Mozambique

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

Republic of the Philippines

AEROEQUIPEMENT AVIATION

Unknown

Unknown

Republic of the Philippines

AEROMAJESTIC

Unknown

Unknown

Republic of the Philippines

Aerowurks Aerial SprAying Services

2010030

Unknown

Republic of the Philippines

AIR ASIA PHILIPPINES

Unknown

Unknown

Republic of the Philippines

AIRGURUS

Unknown

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

CERTEZA INFOSYSTEMS CORP.

2011040

Unknown

Republic of the Philippines

Chemtrad Aviation Corporation

2009018

Unknown

Republic of the Philippines

CM aero SERVICES

20110401

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

INTERISLAND AIRLINES

2010023

Unknown

Republic of the Philippines

Island Aviation

2009009

SOY

Republic of the Philippines

Island HELICOPTER SERVICES

2011043

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

MID-SEA EXPRESS

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

NORTHSKY AIR INC.

2011042

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

SKYJET

Unknown

Unknown

Republic of the Philippines

SOUTH EAST ASIA AIRLINE INC. (SEAIR)

2009 004

Unknown

Republic of the Philippines

SOUTHERN AIR FLIGHT SERVICES

2011045

Unknown

Republic of the Philippines

Southstar aviation company, inc.

4AN9800037

Unknown

Republic of the Philippines

SOUTHWEST AIR CORPORATION

Unknown

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

ALFA AIRLINES

054

AAJ

Republic of the Sudan

ALMAJAL AVIATION SERVICE

015

MGG

Republic of the Sudan

ALMAJARA AVIATION

Unknown

MJA

Republic of the Sudan

ATTICO AIRLINES (TRANS ATTICO)

023

ETC

Republic of the Sudan

AZZA TRANSPORT COMPANY

012

AZZ

Republic of the Sudan

BADER AIRLINES

035

BDR

Republic of the Sudan

FOURTY EIGHT AVIATION

054

WHB

Republic of the Sudan

GREEN FLAG AVIATION

017

Unkown

Republic of the Sudan

MARSLAND COMPANY

040

MSL

Republic of the Sudan

NOVA AIRLINES

001

NOV

Republic of the Sudan

Sudan Airways

Unknown

SUD

Republic of the Sudan

SUDANESE STATES AVIATION COMPANY

010

SNV

Republic of the Sudan

SUN AIR COMPANY

051

SNR

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

‘ANNEX B

LIST OF AIR CARRIERS OF WHICH OPERATIONS ARE SUBJECT TO OPERATIONAL RESTRICTIONS WITHIN THE EU
   (2)

| 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 (3) | 002/MTAC/ANAC-G/DSA | ABS | Republic of Gabon | All fleet with the exception of: 2 aircraft of type Falcon 50, 2 aircraft of type Falcon 900 | All fleet with the exception of: TR-LGV; TR-LGY; TR-AFJ; TR-AFR | Republic of Gabon |
| AIR ASTANA (4) | AK-0443-11 | KZR | Kazakhstan | All fleet with the exception of: aircraft of type B-767, aircraft of type B-757, aircraft of type A319/320/321, aircraft of type Fokker 50 | All fleet with the exception of: aircraft within the B-767 fleet, as mentioned on the AOC, aircraft within the B-757 fleet, aircraft within the A319/320/321 fleet, as mention don the AOC aircraft within the Fokker 50 fleet, as mentioned on the AOC | 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 MADAGASCAR | 5R-M01/2009 | MDG | Madagascar | All fleet with the exception of: 2 aircraft of type Boeing B-737-300, 2 aircraft of type ATR 72-500, 1 aircraft of type ATR 42-500, 1 aircraft of type ATR 42-320 and 3 aircraft of type DHC 6-300 | All fleet with the exception of: 5R-MFH, 5R-MFI, 5R-MJE, 5R-MJF, 5R-MJG, 5R-MVT, 5R-MGC, 5R-MGD, 5R-MGF | Republic of Madagascar |
| 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 (5) | 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 (6) | FS100 | IRA | Islamic Republic of Iran | All fleet with the exception of: 14 aircraft of type A-300, 8 aircraft of type A-310, 1 aircraft B-737 | 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 (3)

002/MTAC/ANAC-G/DSA

ABS

Republic of Gabon

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

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

Republic of Gabon

AIR ASTANA (4)

AK-0443-11

KZR

Kazakhstan

All fleet with the exception of: aircraft of type B-767, aircraft of type B-757, aircraft of type A319/320/321, aircraft of type Fokker 50

All fleet with the exception of: aircraft within the B-767 fleet, as mentioned on the AOC, aircraft within the B-757 fleet, aircraft within the A319/320/321 fleet, as mention don the AOC aircraft within the Fokker 50 fleet, as mentioned on the AOC

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 MADAGASCAR

5R-M01/2009

MDG

Madagascar

All fleet with the exception of: 2 aircraft of type Boeing B-737-300, 2 aircraft of type ATR 72-500, 1 aircraft of type ATR 42-500, 1 aircraft of type ATR 42-320 and 3 aircraft of type DHC 6-300

All fleet with the exception of: 5R-MFH, 5R-MFI, 5R-MJE, 5R-MJF, 5R-MJG, 5R-MVT, 5R-MGC, 5R-MGD, 5R-MGF

Republic of Madagascar

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 (5)

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 (6)

FS100

IRA

Islamic Republic of Iran

All fleet with the exception of: 14 aircraft of type A-300, 8 aircraft of type A-310, 1 aircraft B-737

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 CL-601, 1 aircraft of type HS-125-800

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

Republic of Gabon; Republic of South Africa

TAAG ANGOLA AIRLINES

001

DTA

Republic of Angola

All fleet with the exception of: 5 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-TEG, D2-TEH, D2-TBF, D2-TBG, D2-TBH, D2-TBJ

Republic of Angola

---

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

1

(2)  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

(3)  Afrijet is only allowed to use the specific aircraft mentioned for its current operations within the European Union.

3

(4)  Air Astana is only allowed for their current operations within the EU to use the specific aircraft types listed above, provided (1) they are registered in Aruba and (2) all changes to the AOC are timely submitted to the Commission and to Eurocontrol.

4

(5)  Gabon Airlines is only allowed to use the specific aircraft mentioned for its current operations within the European Community.

5

(6)  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.

6

---

| 5.12.2012 | EN | Official Journal of the European Union | L 333/34 |
| --- | --- | --- | --- |

5.12.2012

EN

Official Journal of the European Union

L 333/34

---

COMMISSION REGULATION (EU) No 1147/2012

of 4 December 2012

amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of beeswax (E 901), carnauba wax (E 903), shellac (E 904) and microcrystalline wax (E 905) on certain fruits

(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 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (1), and in particular Article 10(3) and Article 30(5) thereof,

Whereas:

| (1) | Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use. |
| --- | --- |

(1)

Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use.

| (2) | That list may be amended in accordance with the procedure referred to in Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (2). |
| --- | --- |

(2)

That list may be amended in accordance with the procedure referred to in Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (2).

| (3) | Pursuant to Article 3(1) of Regulation (EC) No 1331/2008, the Union list of food additives may be updated either on the initiative of the Commission or following an application. |
| --- | --- |

(3)

Pursuant to Article 3(1) of Regulation (EC) No 1331/2008, the Union list of food additives may be updated either on the initiative of the Commission or following an application.

| (4) | The Commission has received several applications for the authorisation of use of beeswax (E 901) on peppers, tomatoes, cucumbers, bananas, mangos and avocados, on pomegranates and on all fruits, the use of carnauba wax (E 903) and shellac (E 904) on pomegranates and on mangoes, avocados and papayas and the use of microcrystalline wax (E 905) on pineapples. These applications have been made available to the Member States. |
| --- | --- |

(4)

The Commission has received several applications for the authorisation of use of beeswax (E 901) on peppers, tomatoes, cucumbers, bananas, mangos and avocados, on pomegranates and on all fruits, the use of carnauba wax (E 903) and shellac (E 904) on pomegranates and on mangoes, avocados and papayas and the use of microcrystalline wax (E 905) on pineapples. These applications have been made available to the Member States.

| (5) | Beeswax (E 901), carnauba wax (E 903), shellac (E 904) and microcrystalline wax (E 905) have been requested for use as glazing agent for surface treatment on these fruits or these fruit-like vegetables in order to allow a better preservation. The treatment protects the fruits against dehydration and oxidation and has a growth inhibiting effect against moulds and certain micro-organisms. There is a technological need in particular for fruits that are mainly imported from countries with a tropical climate. These fruits need also to be protected during long transports. |
| --- | --- |

(5)

Beeswax (E 901), carnauba wax (E 903), shellac (E 904) and microcrystalline wax (E 905) have been requested for use as glazing agent for surface treatment on these fruits or these fruit-like vegetables in order to allow a better preservation. The treatment protects the fruits against dehydration and oxidation and has a growth inhibiting effect against moulds and certain micro-organisms. There is a technological need in particular for fruits that are mainly imported from countries with a tropical climate. These fruits need also to be protected during long transports.

| (6) | These food additives are intended to be used for the external treatment and are not expected to migrate into the internal edible part of the fruits. For that reason, the treatment on fruits of which the peels are not consumed is not liable to have an effect on human health. It is therefore appropriate to allow the use of beeswax (E 901), carnauba wax (E 903), shellac (E 904) and microcrystalline wax (E 905) on such fruits that are mainly imported from countries with a tropical climate, i.e. bananas, mangoes, avocados, pomegranates, papayas and pineapples. |
| --- | --- |

(6)

These food additives are intended to be used for the external treatment and are not expected to migrate into the internal edible part of the fruits. For that reason, the treatment on fruits of which the peels are not consumed is not liable to have an effect on human health. It is therefore appropriate to allow the use of beeswax (E 901), carnauba wax (E 903), shellac (E 904) and microcrystalline wax (E 905) on such fruits that are mainly imported from countries with a tropical climate, i.e. bananas, mangoes, avocados, pomegranates, papayas and pineapples.

| (7) | Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission is to seek the opinion of the European Food Safety Authority (the Authority) in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. Since the authorisation of use of beeswax (E 901) on bananas, mangoes and pomegranates, the use of carnauba wax (E 903) and shellac (E 904) on pomegranates, mangoes, avocados and papayas and the use of microcrystalline wax (E 905) on pineapples constitutes an update of that list which is not liable to have an effect on human health, it is not necessary to seek the opinion of the Authority. |
| --- | --- |

(7)

Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission is to seek the opinion of the European Food Safety Authority (the Authority) in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. Since the authorisation of use of beeswax (E 901) on bananas, mangoes and pomegranates, the use of carnauba wax (E 903) and shellac (E 904) on pomegranates, mangoes, avocados and papayas and the use of microcrystalline wax (E 905) on pineapples constitutes an update of that list which is not liable to have an effect on human health, it is not necessary to seek the opinion of the Authority.

| (8) | The Commission will further consider the requests for the use of waxes on other fruits and on vegetables taking into account safety of the consumer when external parts are expected to be consumed, the technological justification and the possible misleading of the consumer, including labelling requirements. |
| --- | --- |

(8)

The Commission will further consider the requests for the use of waxes on other fruits and on vegetables taking into account safety of the consumer when external parts are expected to be consumed, the technological justification and the possible misleading of the consumer, including labelling requirements.

| (9) | Pursuant to the transitional provisions of Commission Regulation (EU) No 1129/2011 (3) the list of food additives set out in Annex II to Regulation (EC) No 1333/2008 applies in principle from 1 June 2013. In order to allow new uses of authorised food additives on the market before that date, it is necessary to specify an earlier date of application with regard to these uses. |
| --- | --- |

(9)

Pursuant to the transitional provisions of Commission Regulation (EU) No 1129/2011 (3) the list of food additives set out in Annex II to Regulation (EC) No 1333/2008 applies in principle from 1 June 2013. In order to allow new uses of authorised food additives on the market before that date, it is necessary to specify an earlier date of application with regard to these uses.

| (10) | Therefore, Annex II to Regulation (EC) No 1333/2008 should be amended accordingly. |
| --- | --- |

(10)

Therefore, Annex II to Regulation (EC) No 1333/2008 should be amended accordingly.

| (11) | 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, |
| --- | --- |

(11)

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

Amendment to Regulation (EC) No 1333/2008

Annex II to Regulation (EC) No 1333/2008 is amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 4 December 2012.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 354, 31.12.2008, p. 16.

1

(2)  
  OJ L 354, 31.12.2008, p. 1.

2

(3)  
  OJ L 295, 12.11.2011, p. 1.

3

---

ANNEX

In Part E of Annex II to Regulation (EC) No 1333/2008, the entries for E 901, E 903, E 904 and E 905 in food category 04.1.1 ‘Entire fresh fruits and vegetables’ are replaced by the following:

| | ‘E 901 | Beeswax, white and yellow | quantum satis | | only for the surface treatment of fruit: citrus fruit, melons, apples, pears, peaches, pineapples, bananas, mangoes, avocados and pomegranates and as glazing agent on nuts | Period of application as regards bananas, mangoes, avocados and pomegranates:
  From 25 December 2012. |
| --- | --- | --- | --- | --- | --- | --- |
| | E 903 | Carnauba wax | 200 | | only for the surface treatment of fruit: citrus fruit, melons, apples, pears, peaches, pineapples, pomegranates, mangoes, avocados and papayas and as glazing agent on nuts | Period of application as regards pomegranates, mangoes, avocados and papayas:
  From 25 December 2012. |
| | E 904 | Shellac | quantum satis | | only for the surface treatment of fruit: citrus fruit, melons, apples, pears, peaches, pineapples, pomegranates, mangoes, avocados and papayas and as glazing agent on nuts | Period of application as regards pomegranates, mangoes, avocados and papayas:
  From 25 December 2012. |
| | E 905 | Microcrystalline wax | quantum satis | | only for the surface treatment of fruit: melons, papayas, mangoes, avocados and pineapples | Period of application pineapples:
  From 25 December 2012.’ |

‘E 901

Beeswax, white and yellow

quantum satis

only for the surface treatment of fruit: citrus fruit, melons, apples, pears, peaches, pineapples, bananas, mangoes, avocados and pomegranates and as glazing agent on nuts

Period of application as regards bananas, mangoes, avocados and pomegranates:

From 25 December 2012.

E 903

Carnauba wax

200

only for the surface treatment of fruit: citrus fruit, melons, apples, pears, peaches, pineapples, pomegranates, mangoes, avocados and papayas and as glazing agent on nuts

Period of application as regards pomegranates, mangoes, avocados and papayas:

From 25 December 2012.

E 904

Shellac

quantum satis

only for the surface treatment of fruit: citrus fruit, melons, apples, pears, peaches, pineapples, pomegranates, mangoes, avocados and papayas and as glazing agent on nuts

Period of application as regards pomegranates, mangoes, avocados and papayas:

From 25 December 2012.

E 905

Microcrystalline wax

quantum satis

only for the surface treatment of fruit: melons, papayas, mangoes, avocados and pineapples

Period of application pineapples:

From 25 December 2012.’

---

| 5.12.2012 | EN | Official Journal of the European Union | L 333/37 |
| --- | --- | --- | --- |

5.12.2012

EN

Official Journal of the European Union

L 333/37

---

COMMISSION REGULATION (EU) No 1148/2012

of 4 December 2012

amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of sulphur dioxide — sulphites (E 220-228) and propane-1, 2-diol alginate (E 405) in fermented grape must-based drinks

(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 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (1), and in particular Article 10(3) and Article 30(5) thereof,

Whereas:

| (1) | Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use. |
| --- | --- |

(1)

Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use.

| (2) | That list may be amended in accordance with the procedure referred to in Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (2). |
| --- | --- |

(2)

That list may be amended in accordance with the procedure referred to in Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (2).

| (3) | Pursuant to Article 3(1) of Regulation (EC) No 1333/2008, the Union list of food additives may be updated either on the initiative of the Commission or following an application. |
| --- | --- |

(3)

Pursuant to Article 3(1) of Regulation (EC) No 1333/2008, the Union list of food additives may be updated either on the initiative of the Commission or following an application.

| (4) | An application for authorisation of the use of sulphur dioxide — sulphites (E 220-228) and propane-1, 2-diol alginate (E 405) was submitted on 30 June 2011 and has been made available to the Member States. |
| --- | --- |

(4)

An application for authorisation of the use of sulphur dioxide — sulphites (E 220-228) and propane-1, 2-diol alginate (E 405) was submitted on 30 June 2011 and has been made available to the Member States.

| (5) | There is a technological need for the use of sulphur dioxide — sulphites (E 220-228) and propane-1, 2-diol alginate (E 405) in fermented grape must-based drinks. Sulphur dioxide — sulphites (E 220-228) are added to stop oxidation and inhibit the growth of micro-organisms. It also prevents the growth of unwanted yeasts during the second fermentation in bottles. Propane-1, 2-diol alginate (E 405) are added to stabilise the foam, so that the carbon dioxide bubbles do not dissipate, making for a creamier and longer-lasting head. |
| --- | --- |

(5)

There is a technological need for the use of sulphur dioxide — sulphites (E 220-228) and propane-1, 2-diol alginate (E 405) in fermented grape must-based drinks. Sulphur dioxide — sulphites (E 220-228) are added to stop oxidation and inhibit the growth of micro-organisms. It also prevents the growth of unwanted yeasts during the second fermentation in bottles. Propane-1, 2-diol alginate (E 405) are added to stabilise the foam, so that the carbon dioxide bubbles do not dissipate, making for a creamier and longer-lasting head.

| (6) | Acceptable daily intakes have been established by the Scientific Committee for Food for sulphur dioxide — sulphites (E 220-228) (3) and for propane-1, 2-diol alginate (E 405) (4). Fermented grape must-based drinks are alcoholic beverages which due to their properties are comparable to other alcoholic beverages such as beer and malt beverages. Consumption of these drinks can thus be considered as an alternative to the consumption of other alcoholic beverages, in particular beer and malt beverages. The additional exposure to sulphur dioxide — sulphites (E 220-228) and to propane-1, 2-diol alginate (E 405) based on this new use will remain limited and will not lead to an increase of the overall intake. It is therefore appropriate to allow the use of sulphur dioxide — sulphites (E 220-228) as preservatives and of propane-1, 2-diol alginate (E 405) as a foam stabiliser in fermented grape must-based drinks. |
| --- | --- |

(6)

Acceptable daily intakes have been established by the Scientific Committee for Food for sulphur dioxide — sulphites (E 220-228) (3) and for propane-1, 2-diol alginate (E 405) (4). Fermented grape must-based drinks are alcoholic beverages which due to their properties are comparable to other alcoholic beverages such as beer and malt beverages. Consumption of these drinks can thus be considered as an alternative to the consumption of other alcoholic beverages, in particular beer and malt beverages. The additional exposure to sulphur dioxide — sulphites (E 220-228) and to propane-1, 2-diol alginate (E 405) based on this new use will remain limited and will not lead to an increase of the overall intake. It is therefore appropriate to allow the use of sulphur dioxide — sulphites (E 220-228) as preservatives and of propane-1, 2-diol alginate (E 405) as a foam stabiliser in fermented grape must-based drinks.

| (7) | Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission is to seek the opinion of the European Food Safety Authority in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. Since the authorisation of use of sulphur dioxide — sulphites (E 220-228) as preservatives and of propane-1, 2-diol alginate (E 405) as a foam stabiliser in fermented grape must-based drinks constitutes an update of that list which is not liable to have an effect on human health, it is not necessary to seek the opinion of the European Food Safety Authority. |
| --- | --- |

(7)

Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission is to seek the opinion of the European Food Safety Authority in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. Since the authorisation of use of sulphur dioxide — sulphites (E 220-228) as preservatives and of propane-1, 2-diol alginate (E 405) as a foam stabiliser in fermented grape must-based drinks constitutes an update of that list which is not liable to have an effect on human health, it is not necessary to seek the opinion of the European Food Safety Authority.

| (8) | Pursuant to the transitional provisions of Commission Regulation (EU) No 1129/2011 (5) the list of food additives set out in Annex II to Regulation (EC) No 1333/2008 applies in principle from 1 June 2013. In order to allow the use of sulphur dioxide — sulphites (E 220-228) and of propane-1, 2-diol alginate (E 405) in fermented grape must-based drinks before that date, it is necessary to specify an earlier date of application with regard to this use of those food additives. |
| --- | --- |

(8)

Pursuant to the transitional provisions of Commission Regulation (EU) No 1129/2011 (5) the list of food additives set out in Annex II to Regulation (EC) No 1333/2008 applies in principle from 1 June 2013. In order to allow the use of sulphur dioxide — sulphites (E 220-228) and of propane-1, 2-diol alginate (E 405) in fermented grape must-based drinks before that date, it is necessary to specify an earlier date of application with regard to this use of those food additives.

| (9) | Therefore, Annex II to Regulation (EC) No 1333/2008 should be amended accordingly. |
| --- | --- |

(9)

Therefore, Annex II to Regulation (EC) No 1333/2008 should be amended accordingly.

| (10) | 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, |
| --- | --- |

(10)

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 II to Regulation (EC) No 1333/2008 is amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 4 December 2012.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 354, 31.12.2008, p. 16.

1

(2)  
  OJ L 354, 31.12.2008, p. 1.

2

(3)  http://ec.europa.eu/food/fs/sc/scf/reports/scf_reports_35.pdf

3

(4)  http://ec.europa.eu/food/fs/sc/scf/reports/scf_reports_32.pdf

4

(5)  
  OJ L 295, 12.11.2011, p. 1.

5

---

ANNEX

In Part E of Annex II to Regulation (EC) No 1333/2008 the following entries are inserted in numerical order in food category 14.2.8 ‘Other alcoholic drinks including mixtures of alcoholic drinks with non-alcoholic drinks and spirits with less than 15 % alcohol’:

| | ‘E 220-228 | Sulphur dioxide — sulphites | 20 | (3) | only in fermented grape must-based drinks | Period of application:
  From 25 December 2012. |
| --- | --- | --- | --- | --- | --- | --- |
| | E 405 | Propane-1, 2-diol alginate | 100 | | only in fermented grape must-based drinks | Period of application:
  From 25 December 2012. |
| | | (3): | Maximum levels are expressed as SO2 relate to the total quantity, available from all sources, an SO2 content of not more than 10 mg/kg or 10 mg/l is not considered to be present.’ |

‘E 220-228

Sulphur dioxide — sulphites

20

(3)

only in fermented grape must-based drinks

Period of application:

From 25 December 2012.

E 405

Propane-1, 2-diol alginate

100

only in fermented grape must-based drinks

Period of application:

From 25 December 2012.

(3):

Maximum levels are expressed as SO2 relate to the total quantity, available from all sources, an SO2 content of not more than 10 mg/kg or 10 mg/l is not considered to be present.’

---

| 5.12.2012 | EN | Official Journal of the European Union | L 333/40 |
| --- | --- | --- | --- |

5.12.2012

EN

Official Journal of the European Union

L 333/40

---

COMMISSION REGULATION (EU) No 1149/2012

of 4 December 2012

amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of extracts of rosemary (E 392) in fillings of stuffed dry pasta

(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 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (1), and in particular Article 10(3) and Article 30(5) thereof,

Whereas:

| (1) | Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use. |
| --- | --- |

(1)

Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use.

| (2) | That list may be amended in accordance with the procedure referred to in Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (2). |
| --- | --- |

(2)

That list may be amended in accordance with the procedure referred to in Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (2).

| (3) | Pursuant to Article 3(1) of Regulation (EC) No 1331/2008, the Union list of food additives may be updated either on the initiative of the Commission or following an application. |
| --- | --- |

(3)

Pursuant to Article 3(1) of Regulation (EC) No 1331/2008, the Union list of food additives may be updated either on the initiative of the Commission or following an application.

| (4) | An application for authorisation of the use of extracts of rosemary (E 392) as an antioxidant in fillings of stuffed dry pasta was submitted and has been made available to the Member States. |
| --- | --- |

(4)

An application for authorisation of the use of extracts of rosemary (E 392) as an antioxidant in fillings of stuffed dry pasta was submitted and has been made available to the Member States.

| (5) | Antioxidants are substances which protect food against deterioration caused by oxidation, such as fat rancidity and colour changes. Extracts of rosemary (E 392) used in fillings of stuffed dry pasta improve the stability of fats and oils in the recipe (e.g. vegetable oil, fat in meat, cheese and dairy ingredients) during the whole product shelf life. The taste of filled dry pasta is more stable without organoleptic defects and off-notes caused by the fat oxidation. |
| --- | --- |

(5)

Antioxidants are substances which protect food against deterioration caused by oxidation, such as fat rancidity and colour changes. Extracts of rosemary (E 392) used in fillings of stuffed dry pasta improve the stability of fats and oils in the recipe (e.g. vegetable oil, fat in meat, cheese and dairy ingredients) during the whole product shelf life. The taste of filled dry pasta is more stable without organoleptic defects and off-notes caused by the fat oxidation.

| (6) | The European Food Safety Authority assessed the use of rosemary extracts as a food additive (3). Based on the margins of safety identified using the NOAELs (4) from the different studies, in which generally the NOAELs were the highest dose levels tested, and using the conservative dietary exposure estimates it was concluded that the use of the rosemary extracts described in the scientific opinion at the proposed uses and use levels would not be of safety concern. The additional intake based on the new use in fillings of stuffed dry pasta does not significantly contribute to the overall intake. It is therefore appropriate to allow the use of extracts of rosemary (E 392) as an antioxidant in fillings of stuffed dry pasta. |
| --- | --- |

(6)

The European Food Safety Authority assessed the use of rosemary extracts as a food additive (3). Based on the margins of safety identified using the NOAELs (4) from the different studies, in which generally the NOAELs were the highest dose levels tested, and using the conservative dietary exposure estimates it was concluded that the use of the rosemary extracts described in the scientific opinion at the proposed uses and use levels would not be of safety concern. The additional intake based on the new use in fillings of stuffed dry pasta does not significantly contribute to the overall intake. It is therefore appropriate to allow the use of extracts of rosemary (E 392) as an antioxidant in fillings of stuffed dry pasta.

| (7) | Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission is to seek the opinion of the European Food Safety Authority in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. Since the authorisation of use of extracts of rosemary (E 392) as an antioxidant in fillings of stuffed dry pasta constitutes an update of that list which is not liable to have an effect on human health, it is not necessary to seek the opinion of the European Food Safety Authority. |
| --- | --- |

(7)

Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission is to seek the opinion of the European Food Safety Authority in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. Since the authorisation of use of extracts of rosemary (E 392) as an antioxidant in fillings of stuffed dry pasta constitutes an update of that list which is not liable to have an effect on human health, it is not necessary to seek the opinion of the European Food Safety Authority.

| (8) | Pursuant to the transitional provisions of Commission Regulation (EU) No 1129/2011 of 11 November 2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives (5), Annex II establishing the Union list of food additives approved for use in foods and conditions of use applies from 1 June 2013. In order to allow the use of extracts of rosemary (E 392) in fillings of stuffed dry pasta before that date, it is necessary to specify an earlier date of application with regard to this use of that food additive. |
| --- | --- |

(8)

Pursuant to the transitional provisions of Commission Regulation (EU) No 1129/2011 of 11 November 2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives (5), Annex II establishing the Union list of food additives approved for use in foods and conditions of use applies from 1 June 2013. In order to allow the use of extracts of rosemary (E 392) in fillings of stuffed dry pasta before that date, it is necessary to specify an earlier date of application with regard to this use of that food additive.

| (9) | Therefore, Annex II to Regulation (EC) No 1333/2008 should be amended accordingly. |
| --- | --- |

(9)

Therefore, Annex II to Regulation (EC) No 1333/2008 should be amended accordingly.

| (10) | 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, |
| --- | --- |

(10)

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 II to Regulation (EC) No 1333/2008 is amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 4 December 2012.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 354, 31.12.2008, p. 16.

1

(2)  
  OJ L 354, 31.12.2008, p. 1.

2

(3)  
  EFSA Journal (2008) 721, 1-29.

3

EFSA Journal

(4)  NOAEL (no observed adverse effect level) — dose or concentration of a substance tested at which no adverse effect is found.

4

(5)  
  OJ L 295, 12.11.2011, p. 1.

5

---

ANNEX

In Part E of Annex II to Regulation (EC) No 1333/2008, in the food category 06.4.5 ‘Fillings of stuffed pasta (ravioli and similar)’:

| (a) | the following entry is inserted after the entry for E 200-203: | ‘E 392 | Extracts of rosemary | 250 | (41) (46) | only in fillings of stuffed dry pasta | Period of application:
  From 25 December 2012.’ |
| --- | --- | --- | --- | --- | --- | --- | --- |

(a)

the following entry is inserted after the entry for E 200-203:

‘E 392

Extracts of rosemary

250

(41) (46)

only in fillings of stuffed dry pasta

Period of application:

From 25 December 2012.’

| (b) | the following footnotes are added after footnote (2):






  ‘(41): | Expressed on fat basis |
| --- | --- | --- |

(b)

the following footnotes are added after footnote (2):

‘(41):

| (46): | As the sum of carnosol and carnosic acid’ |
| --- | --- |

(46):

---

| 5.12.2012 | EN | Official Journal of the European Union | L 333/43 |
| --- | --- | --- | --- |

5.12.2012

EN

Official Journal of the European Union

L 333/43

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1150/2012

of 4 December 2012

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 Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

| (1) | Implementing Regulation (EU) No 543/2011 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 XVI, Part A thereto. |
| --- | --- |

(1)

Implementing Regulation (EU) No 543/2011 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 XVI, Part A thereto.

| (2) | The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
| --- | --- |

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day 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, 4 December 2012.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 157, 15.6.2011, 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 | 41,5 |
| MA | 54,9 |
| TN | 81,9 |
| TR | 68,5 |
| ZZ | 61,7 |
| 0707 00 05 | AL | 59,9 |
| MA | 133,1 |
| TR | 104,1 |
| ZZ | 99,0 |
| 0709 93 10 | MA | 120,6 |
| TR | 93,3 |
| ZZ | 107,0 |
| 0805 10 20 | AR | 49,7 |
| ZA | 62,1 |
| ZW | 52,1 |
| ZZ | 54,6 |
| 0805 20 10 | MA | 69,8 |
| ZZ | 69,8 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | CN | 71,1 |
| HR | 85,6 |
| MA | 95,7 |
| TR | 82,4 |
| ZZ | 83,7 |
| 0805 50 10 | TR | 76,9 |
| ZZ | 76,9 |
| 0808 10 80 | MK | 39,5 |
| US | 125,2 |
| ZA | 214,1 |
| ZZ | 126,3 |
| 0808 30 90 | CN | 33,5 |
| TR | 112,1 |
| US | 160,6 |
| ZZ | 102,1 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AL

41,5

MA

54,9

TN

81,9

TR

68,5

ZZ

61,7

0707 00 05

AL

59,9

MA

133,1

TR

104,1

ZZ

99,0

0709 93 10

MA

120,6

TR

93,3

ZZ

107,0

0805 10 20

AR

49,7

ZA

62,1

ZW

52,1

ZZ

54,6

0805 20 10

MA

69,8

ZZ

69,8

0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90

CN

71,1

HR

85,6

MA

95,7

TR

82,4

ZZ

83,7

0805 50 10

TR

76,9

ZZ

76,9

0808 10 80

MK

39,5

US

125,2

ZA

214,1

ZZ

126,3

0808 30 90

CN

33,5

TR

112,1

US

160,6

ZZ

102,1

---

(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’.

---

DECISIONS

| 5.12.2012 | EN | Official Journal of the European Union | L 333/45 |
| --- | --- | --- | --- |

5.12.2012

EN

Official Journal of the European Union

L 333/45

---

POLITICAL AND SECURITY COMMITTEE DECISION BiH/19/2012

of 27 November 2012

on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina

(2012/748/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,

Having regard to Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6(1) thereof,

Whereas:

| (1) | Pursuant to Article 6(1) of Joint Action 2004/570/CFSP, the Council authorised the Political and Security Committee (PSC) to take further decisions on the appointment of the EU Force Commander. |
| --- | --- |

(1)

Pursuant to Article 6(1) of Joint Action 2004/570/CFSP, the Council authorised the Political and Security Committee (PSC) to take further decisions on the appointment of the EU Force Commander.

| (2) | On 2 December 2011, the PSC adopted Decision BiH/18/2011 (2) appointing Brigadier General Robert BRIEGER as EU Force Commander for the European Union military operation in Bosnia and Herzegovina. |
| --- | --- |

(2)

On 2 December 2011, the PSC adopted Decision BiH/18/2011 (2) appointing Brigadier General Robert BRIEGER as EU Force Commander for the European Union military operation in Bosnia and Herzegovina.

| (3) | The EU Operation Commander has recommended the appointment of Major General Dieter HEIDECKER as the new EU Force Commander for the European Union military operation in Bosnia and Herzegovina to succeed Brigadier General Robert BRIEGER. |
| --- | --- |

(3)

The EU Operation Commander has recommended the appointment of Major General Dieter HEIDECKER as the new EU Force Commander for the European Union military operation in Bosnia and Herzegovina to succeed Brigadier General Robert BRIEGER.

| (4) | The EU Military Committee has supported the recommendation. |
| --- | --- |

(4)

The EU Military Committee has supported the recommendation.

| (5) | In accordance with Article 5 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 does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. |
| --- | --- |

(5)

In accordance with Article 5 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 does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications.

| (6) | On 12 and 13 December 2002 the Copenhagen European Council adopted a Declaration stating that the ‘Berlin plus’ arrangements and their implementation will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO, |
| --- | --- |

(6)

On 12 and 13 December 2002 the Copenhagen European Council adopted a Declaration stating that the ‘Berlin plus’ arrangements and their implementation will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

HAS ADOPTED THIS DECISION:

Article 1

Major General Dieter HEIDECKER is hereby appointed EU Force Commander for the European Union military operation in Bosnia and Herzegovina as from 3 December 2012.

Article 2

Decision BiH/18/2011 is hereby repealed.

Article 3

This Decision shall enter into force on 3 December 2012.

Done at Brussels, 27 November 2012.

For the Political and Security Committee

The Chairperson

O. SKOOG

---

(1)  
  OJ L 252, 28.7.2004, p. 10.

1

(2)  Political and Security Committee Decision BiH/18/2011 of 2 December 2011 on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina (OJ L 332, 15.12.2011, p. 10).

2

---

| 5.12.2012 | EN | Official Journal of the European Union | L 333/46 |
| --- | --- | --- | --- |

5.12.2012

EN

Official Journal of the European Union

L 333/46

---

COUNCIL DECISION

of 3 December 2012

extending the application period of Decision 2010/371/EU concerning the conclusion of the consultation procedure with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement

(2012/749/EU)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), and revised in Ouagadougou, Burkina Faso, on 22 June 2010 (2) (hereinafter ‘the ACP-EC Partnership Agreement’), and in particular Article 96 thereof,

Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EU Partnership Agreement (3), and in particular Article 3 thereof,

Having regard to the proposal from the European Commission,

In agreement with the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | Council Decision 2010/371/EU of 7 June 2010 concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement (4) was adopted in order to implement appropriate measures in response to the violation of the essential elements referred to in Article 9 of the ACP-EU Partnership Agreement. |
| --- | --- |

(1)

Council Decision 2010/371/EU of 7 June 2010 concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement (4) was adopted in order to implement appropriate measures in response to the violation of the essential elements referred to in Article 9 of the ACP-EU Partnership Agreement.

| (2) | These measures were extended until 6 December 2011 by Council Decision 2011/324/EU (5) and amended and extended until 6 December 2012 by Council Decision 2011/808/EU (6). |
| --- | --- |

(2)

These measures were extended until 6 December 2011 by Council Decision 2011/324/EU (5) and amended and extended until 6 December 2012 by Council Decision 2011/808/EU (6).

| (3) | Significant progress has been made, in particular in the establishment of the transition institutions and in the electoral process, as a result of the mediation of the Southern African Development Community (SADC), which has enabled the process of ending the crisis to be taken forward. Such progress includes the establishment of the Independent National Electoral Commission of the Transition (INEC-T), Parliament’s adoption of an amnesty law, and the announcement of election dates in line with the recommendations made by United Nations experts. Nevertheless, the roadmap for the transition has not been implemented fully. |
| --- | --- |

(3)

Significant progress has been made, in particular in the establishment of the transition institutions and in the electoral process, as a result of the mediation of the Southern African Development Community (SADC), which has enabled the process of ending the crisis to be taken forward. Such progress includes the establishment of the Independent National Electoral Commission of the Transition (INEC-T), Parliament’s adoption of an amnesty law, and the announcement of election dates in line with the recommendations made by United Nations experts. Nevertheless, the roadmap for the transition has not been implemented fully.

| (4) | The period of application of Decision 2010/371/EU expires on 6 December 2012. Since the parliamentary elections and the second round of presidential elections are scheduled for 3 July 2013, the appropriate measures in force should be extended until the Council decides that credible elections have taken place and that constitutional order has returned to Madagascar, subject to regular review during this period, |
| --- | --- |

(4)

The period of application of Decision 2010/371/EU expires on 6 December 2012. Since the parliamentary elections and the second round of presidential elections are scheduled for 3 July 2013, the appropriate measures in force should be extended until the Council decides that credible elections have taken place and that constitutional order has returned to Madagascar, subject to regular review during this period,

HAS ADOPTED THIS DECISION:

Article 1

In Article 3 of Decision 2010/371/EU, the second sentence is replaced by the following:

‘It shall remain in force until the Council decides, on the basis of a proposal made by the Commission, that credible elections have taken place and that constitutional order has returned to Madagascar, subject to regular review during this period.’.

Article 2

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

Done at Brussels, 3 December 2012.

For the Council

The President

N. SYLIKIOTIS

---

(1)  
  OJ L 317, 15.12.2000, p. 3.

1

(2)  
  OJ L 287, 4.11.2010, p. 3.

2

(3)  
  OJ L 317, 15.12.2000, p. 376.

3

(4)  
  OJ L 169, 3.7.2010, p. 13.

4

(5)  
  OJ L 146, 1.6.2011, p. 2.

5

(6)  
  OJ L 324, 7.12.2011, p. 1.

6

---

ANNEX

DRAFT LETTER TO THE INTERIM PRESIDENT

Sir,

Welcoming the progress made towards resolving the political crisis with the signing in September 2011 by the Malagasy political stakeholders of the roadmap to help Madagascar emerge from the crisis, on 5 December 2011 the European Union (EU) eased the appropriate measures laid down for Madagascar by Decision 2010/371/EU of 7 June 2010.

You were informed of the new decision by letter of 8 December 2011 specifying the preconditions for any measure by the EU to assist the transition. To that end, over the past year the EU has taken measures to assist the population and support the electoral process, as provided for in the schedule of commitments set out in the aforementioned letter.

Considerable progress has been made in the implementation of the roadmap, and that progress has been taken into account in the framework of the appropriate measures in force. Given that the roadmap has not been implemented in full, and pending the parliamentary elections and the second round of the presidential elections, scheduled for 3 July 2013, the appropriate measures will continue to apply, without any change in the reciprocal EU-Madagascar commitments and conditions, which remain fully valid until the EU decides that credible elections have taken place and that constitutional order has returned to Madagascar.

The EU, which attaches the greatest importance to the essential elements concerning respect for human rights, democratic institutions and the rule of law in accordance with Article 9 of the ACP-EU Partnership Agreement, urges you and all the stakeholders in the roadmap to redouble your efforts with a view to rapidly overcoming the political obstacles currently jeopardising its implementation.

The EU also encourages everyone to persevere in your efforts to ensure a peaceful political environment conducive to the holding of credible elections in May and July 2013 and the completion of the transition process agreed by the Malagasy authorities and endorsed by the international community.

The EU confirms its continued commitment to assisting the transition process and to rapidly introducing post-transition support measures, the details of which will be decided upon in the political dialogue with your Government.

The appropriate measures can be reviewed at any time in the light of developments — positive or negative — in the political situation in Madagascar.

Yours sincerely,

For the European Union

Catherine ASHTON

Andrís PIEBALGS

---