# Official Journal L 312/2009

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2009.312.eng |
| --- | --- |
| Official Journal
  of the European Union | L 312 |
| | |
| English edition | Legislation | Volume 5227 November 2009 |

ISSN 1725-2555

doi:10.3000/17252555.L_2009.312.eng

Official Journal

of the European Union

L 312

English edition

Legislation

Volume 5227 November 2009

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EC) No 1139/2009 of 20 November 2009 repealing certain obsolete Council acts | 1 |
| | * | Council Regulation (EC) No 1140/2009 of 20 November 2009 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) | 4 |
| | | Commission Regulation (EC) No 1141/2009 of 26 November 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables | 6 |
| | * | Commission Regulation (EC) No 1142/2009 of 26 November 2009 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Interpretations Committee's (IFRIC) Interpretation 17 (
  1
  ) | 8 |
| | * | Commission Regulation (EC) No 1143/2009 of 26 November 2009 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Picodon de l’Ardèche ou Picodon de la Drôme (PDO)) | 14 |
| | * | Commission Regulation (EC) No 1144/2009 of 26 November 2009 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (
  1
  ) | 16 |
| | * | Commission Regulation (EC) No 1145/2009 of 26 November 2009 establishing a prohibition of fishing for deep-sea sharks in Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII, VIII and IX by vessels flying the flag of Spain | 38 |
| | | Commission Regulation (EC) No 1146/2009 of 26 November 2009 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year | 40 |
| | | Commission Regulation (EC) No 1147/2009 of 26 November 2009 fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 676/2009 | 42 |
| | | Commission Regulation (EC) No 1148/2009 of 26 November 2009 concerning tenders lodged under the invitation to tender for the import of maize issued in Regulation (EC) No 677/2009 | 43 |
| | | DIRECTIVES |
| | * | Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties (
  1
  ) | 44 |
| | * | Commission Directive 2009/146/EC of 26 November 2009 correcting Directive 2008/125/EC amending Council Directive 91/414/EEC to include aluminium phosphide, calcium phosphide, magnesium phosphide, cymoxanil, dodemorph, 2,5-dichlorobenzoic acid methylester, metamitron, sulcotrione, tebuconazole and triadimenol as active substances (
  1
  ) | 55 |

Contents

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

page

REGULATIONS

*

Council Regulation (EC) No 1139/2009 of 20 November 2009 repealing certain obsolete Council acts

1

*

Council Regulation (EC) No 1140/2009 of 20 November 2009 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)

4

Commission Regulation (EC) No 1141/2009 of 26 November 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables

6

*

Commission Regulation (EC) No 1142/2009 of 26 November 2009 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Interpretations Committee's (IFRIC) Interpretation 17 (
  1
  )

1

8

*

Commission Regulation (EC) No 1143/2009 of 26 November 2009 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Picodon de l’Ardèche ou Picodon de la Drôme (PDO))

14

*

Commission Regulation (EC) No 1144/2009 of 26 November 2009 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

16

*

Commission Regulation (EC) No 1145/2009 of 26 November 2009 establishing a prohibition of fishing for deep-sea sharks in Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII, VIII and IX by vessels flying the flag of Spain

38

Commission Regulation (EC) No 1146/2009 of 26 November 2009 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year

40

Commission Regulation (EC) No 1147/2009 of 26 November 2009 fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 676/2009

42

Commission Regulation (EC) No 1148/2009 of 26 November 2009 concerning tenders lodged under the invitation to tender for the import of maize issued in Regulation (EC) No 677/2009

43

DIRECTIVES

*

Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties (
  1
  )

1

44

*

Commission Directive 2009/146/EC of 26 November 2009 correcting Directive 2008/125/EC amending Council Directive 91/414/EEC to include aluminium phosphide, calcium phosphide, magnesium phosphide, cymoxanil, dodemorph, 2,5-dichlorobenzoic acid methylester, metamitron, sulcotrione, tebuconazole and triadimenol as active substances (
  1
  )

1

55

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2009/851/EC |
| | * | Commission Decision of 25 November 2009 establishing a questionnaire for Member States reports on the implementation of Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators
  (notified under document C(2009) 9105)

   (
  1
  ) | 56 |
| | | 2009/852/EC |
| | * | Commission Decision of 26 November 2009 on transitional measures under Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council as regard the processing of non-compliant raw milk in certain milk processing establishments in Romania and the structural requirements of such establishments
  (notified under document C(2009) 9083)

   (
  1
  ) | 59 |
| | | 2009/853/EC |
| | * | Commission Decision of 26 November 2009 authorising France to conclude an agreement with Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna respectively for transfers of funds between France and each of these territories to be treated as transfers of funds within France, pursuant to Regulation (EC) No 1781/2006 of the European Parliament and of the Council
  (notified under document C(2009) 9254) | 71 |

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

DECISIONS

Commission

2009/851/EC

*

Commission Decision of 25 November 2009 establishing a questionnaire for Member States reports on the implementation of Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators
  (notified under document C(2009) 9105)

   (
  1
  )

(notified under document C(2009) 9105)

1

56

2009/852/EC

*

Commission Decision of 26 November 2009 on transitional measures under Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council as regard the processing of non-compliant raw milk in certain milk processing establishments in Romania and the structural requirements of such establishments
  (notified under document C(2009) 9083)

   (
  1
  )

(notified under document C(2009) 9083)

1

59

2009/853/EC

*

Commission Decision of 26 November 2009 authorising France to conclude an agreement with Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna respectively for transfers of funds between France and each of these territories to be treated as transfers of funds within France, pursuant to Regulation (EC) No 1781/2006 of the European Parliament and of the Council
  (notified under document C(2009) 9254)

(notified under document C(2009) 9254)

71

| | | III   Acts adopted under the EU Treaty |
| --- | --- | --- |
| | | ACTS ADOPTED UNDER TITLE V OF THE EU TREATY |
| | * | Council Joint Action 2009/854/CFSP of 20 November 2009 amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) | 73 |

III   Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

*

Council Joint Action 2009/854/CFSP of 20 November 2009 amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

73

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

---

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

REGULATIONS

| 27.11.2009 | EN | Official Journal of the European Union | L 312/1 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/1

---

COUNCIL REGULATION (EC) No 1139/2009

of 20 November 2009

repealing certain obsolete Council acts

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | Improving the transparency of Community law is an essential element of the better lawmaking strategy that Community institutions are implementing. In that context it is appropriate to remove from legislation in force those acts which no longer have real effect. |
| --- | --- |

(1)

Improving the transparency of Community law is an essential element of the better lawmaking strategy that Community institutions are implementing. In that context it is appropriate to remove from legislation in force those acts which no longer have real effect.

| (2) | Council Decision 91/373/EEC of 8 July 1991 on the conclusion by the European Economic Community of an Agreement in the form of an Exchange of Letters between the European Economic Community and the Union of Soviet Socialist Republics on a credit guarantee for exports of agricultural products and foodstuffs from the Community to the Soviet Union (1) and Council Regulation (EEC) No 599/91 of 5 March 1991 introducing a credit guarantee for exports of agricultural products and foodstuffs from the Community, Bulgaria, Czechoslovakia, Hungary, Poland, Romania, Yugoslavia, Lithuania, Latvia and Estonia to the Soviet Union (2) dealt with a temporary situation and have therefore exhausted their effects. |
| --- | --- |

(2)

Council Decision 91/373/EEC of 8 July 1991 on the conclusion by the European Economic Community of an Agreement in the form of an Exchange of Letters between the European Economic Community and the Union of Soviet Socialist Republics on a credit guarantee for exports of agricultural products and foodstuffs from the Community to the Soviet Union (1) and Council Regulation (EEC) No 599/91 of 5 March 1991 introducing a credit guarantee for exports of agricultural products and foodstuffs from the Community, Bulgaria, Czechoslovakia, Hungary, Poland, Romania, Yugoslavia, Lithuania, Latvia and Estonia to the Soviet Union (2) dealt with a temporary situation and have therefore exhausted their effects.

| (3) | Council Regulation (EC) No 3093/95 of 22 December 1995 laying down the rates of duty to be applied by the Community resulting from negotiations under GATT Article XXIV.6 consequent upon the accession of Austria, Finland and Sweden to the European Union (3) has been incorporated into Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (4) and has as a result exhausted its effects. |
| --- | --- |

(3)

Council Regulation (EC) No 3093/95 of 22 December 1995 laying down the rates of duty to be applied by the Community resulting from negotiations under GATT Article XXIV.6 consequent upon the accession of Austria, Finland and Sweden to the European Union (3) has been incorporated into Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (4) and has as a result exhausted its effects.

| (4) | Council Decision 96/620/EC of 1 October 1996 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Morocco fixing, from 1 January 1994, the additional amount to be deducted from the levy or the customs duties on imports into the Community of untreated olive oil originating in Morocco (5) implemented an Agreement which has been subsequently superseded and Council Decision 2002/958/EC of 28 November 2002 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Morocco derogating temporarily, as regards the importation into the Community of tomatoes originating in Morocco, from Agricultural Protocol No 1 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (6), had a temporary character; they have therefore exhausted their effects. |
| --- | --- |

(4)

Council Decision 96/620/EC of 1 October 1996 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Morocco fixing, from 1 January 1994, the additional amount to be deducted from the levy or the customs duties on imports into the Community of untreated olive oil originating in Morocco (5) implemented an Agreement which has been subsequently superseded and Council Decision 2002/958/EC of 28 November 2002 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Morocco derogating temporarily, as regards the importation into the Community of tomatoes originating in Morocco, from Agricultural Protocol No 1 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (6), had a temporary character; they have therefore exhausted their effects.

| (5) | Council Regulation (EC) No 1804/98 of 14 August 1998 establishing an autonomous duty applicable for residues from the manufacture of starch from maize falling within CN codes 2303 10 19 and 2309 90 20 and introducing a tariff rate quota on imports of residues from the manufacture of starch from maize (corn gluten feed) falling within CN codes 2303 10 19 and 2309 90 20 originating in the United States of America (7) was adopted in the framework of a trade dispute with the United States of America which has since been settled and as a result that Regulation no longer has any practical relevance. |
| --- | --- |

(5)

Council Regulation (EC) No 1804/98 of 14 August 1998 establishing an autonomous duty applicable for residues from the manufacture of starch from maize falling within CN codes 2303 10 19 and 2309 90 20 and introducing a tariff rate quota on imports of residues from the manufacture of starch from maize (corn gluten feed) falling within CN codes 2303 10 19 and 2309 90 20 originating in the United States of America (7) was adopted in the framework of a trade dispute with the United States of America which has since been settled and as a result that Regulation no longer has any practical relevance.

| (6) | Council Regulation (EC) No 2249/1999 of 22 October 1999 opening a Community tariff quota for the import of meat of bovine animals, boneless, dried (8) had a temporary character and has therefore exhausted its effects. |
| --- | --- |

(6)

Council Regulation (EC) No 2249/1999 of 22 October 1999 opening a Community tariff quota for the import of meat of bovine animals, boneless, dried (8) had a temporary character and has therefore exhausted its effects.

| (7) | The following measures concerning certain states have become obsolete following the accession of those states to the European Union: (i) Council Decision 85/211/EEC of 26 March 1985 concerning the conclusion of an Exchange of Letters extending the arrangement relating to clause 2 of the Agreement between the European Economic Community and the Socialist Republic of Romania on trade in sheep meat and goat meat (9); (ii) Council Decision 93/722/EC of 23 November 1993 concerning the conclusion of an Agreement between the European Community and Republic of Bulgaria on the reciprocal protection and control of wine names (10); (iii) Council Decision 93/724/EC of 23 November 1993 concerning the conclusion of an Agreement between the European Community and Republic of Hungary on the reciprocal protection and control of wine names (11); (iv) Council Decision 93/726/EC of 23 November 1993 concerning the conclusion of an Agreement between the European Community and Romania on the reciprocal protection and control of wine names (12); (v) Council Regulation (EC) No 933/95 of 10 April 1995 opening and providing for the administration of Community tariff quotas for certain wines originating in Bulgaria, Hungary and Romania (13); (vi) Council Regulation (EC) No 1926/96 of 7 October 1996 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the agreements on free trade and trade-related matters with Estonia, Latvia and Lithuania, to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations (14); (vii) Council Regulation (EC) No 410/97 of 24 February 1997 on certain procedures for applying the Interim Agreement on Trade and Trade-Related Measures between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Slovenia, of the other part (15); (viii) Council Regulation (EC) No 2658/98 of 19 January 1998 concerning the approval of an Exchange of Letters between the European Community and the Republic of Hungary on certain import arrangements for agricultural products (16); (ix) Council Decision 1999/86/EC of 18 May 1998 on the conclusion of a Protocol adjusting trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements (17); (x) Council Regulation (EC) No 1037/1999 of 17 May 1999 on the application of specific measures for the import of grape juice and must originating in Cyprus (18); (xi) Council Regulation (EC) No 678/2001 of 26 February 2001 concerning the conclusion of Agreements in the form of Exchanges of Letters between the European Community and the Republic of Bulgaria, the Republic of Hungary and Romania on reciprocal preferential trade concessions for certain wines and spirits (19); (xii) Council Decision 2002/63/EC of 23 October 2001 relating to the conclusion of a Protocol adjusting trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements (20); (xiii) Council Regulation (EC) No 1361/2002 of 22 July 2002 establishing concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Lithuania (21); (xiv) Council Decision 2003/18/EC of 19 December 2002 concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions (22); (xv) Council Decision 2003/285/EC of 18 March 2003 concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions (23); (xvi) Council Decision 2003/463/EC of 18 March 2003 concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions (24); (xvii) Council Decision 2003/286/EC of 8 April 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions (25); (xviii) Council Decision 2003/298/EC of 14 April 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions (26); (xix) Council Decision 2003/299/EC of 14 April 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions (27); (xx) Council Decision 2003/452/EC of 26 May 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions (28); (xxi) Council Decision 2004/484/EC of 22 September 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Latvia, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions (29). |
| --- | --- |

(7)

The following measures concerning certain states have become obsolete following the accession of those states to the European Union: (i) Council Decision 85/211/EEC of 26 March 1985 concerning the conclusion of an Exchange of Letters extending the arrangement relating to clause 2 of the Agreement between the European Economic Community and the Socialist Republic of Romania on trade in sheep meat and goat meat (9); (ii) Council Decision 93/722/EC of 23 November 1993 concerning the conclusion of an Agreement between the European Community and Republic of Bulgaria on the reciprocal protection and control of wine names (10); (iii) Council Decision 93/724/EC of 23 November 1993 concerning the conclusion of an Agreement between the European Community and Republic of Hungary on the reciprocal protection and control of wine names (11); (iv) Council Decision 93/726/EC of 23 November 1993 concerning the conclusion of an Agreement between the European Community and Romania on the reciprocal protection and control of wine names (12); (v) Council Regulation (EC) No 933/95 of 10 April 1995 opening and providing for the administration of Community tariff quotas for certain wines originating in Bulgaria, Hungary and Romania (13); (vi) Council Regulation (EC) No 1926/96 of 7 October 1996 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the agreements on free trade and trade-related matters with Estonia, Latvia and Lithuania, to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations (14); (vii) Council Regulation (EC) No 410/97 of 24 February 1997 on certain procedures for applying the Interim Agreement on Trade and Trade-Related Measures between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Slovenia, of the other part (15); (viii) Council Regulation (EC) No 2658/98 of 19 January 1998 concerning the approval of an Exchange of Letters between the European Community and the Republic of Hungary on certain import arrangements for agricultural products (16); (ix) Council Decision 1999/86/EC of 18 May 1998 on the conclusion of a Protocol adjusting trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements (17); (x) Council Regulation (EC) No 1037/1999 of 17 May 1999 on the application of specific measures for the import of grape juice and must originating in Cyprus (18); (xi) Council Regulation (EC) No 678/2001 of 26 February 2001 concerning the conclusion of Agreements in the form of Exchanges of Letters between the European Community and the Republic of Bulgaria, the Republic of Hungary and Romania on reciprocal preferential trade concessions for certain wines and spirits (19); (xii) Council Decision 2002/63/EC of 23 October 2001 relating to the conclusion of a Protocol adjusting trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements (20); (xiii) Council Regulation (EC) No 1361/2002 of 22 July 2002 establishing concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Lithuania (21); (xiv) Council Decision 2003/18/EC of 19 December 2002 concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions (22); (xv) Council Decision 2003/285/EC of 18 March 2003 concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions (23); (xvi) Council Decision 2003/463/EC of 18 March 2003 concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions (24); (xvii) Council Decision 2003/286/EC of 8 April 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions (25); (xviii) Council Decision 2003/298/EC of 14 April 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions (26); (xix) Council Decision 2003/299/EC of 14 April 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions (27); (xx) Council Decision 2003/452/EC of 26 May 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions (28); (xxi) Council Decision 2004/484/EC of 22 September 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Latvia, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions (29).

| (8) | For reasons of legal certainty and clarity, those obsolete Regulations and Decisions should be repealed, |
| --- | --- |

(8)

For reasons of legal certainty and clarity, those obsolete Regulations and Decisions should be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Regulations (EEC) No 599/91, (EC) No 933/95, (EC) No 3093/95, (EC) No 1926/96, (EC) No 410/97, (EC) No 1804/98, (EC) No 2658/98, (EC) No 1037/1999, (EC) No 2249/1999, (EC) No 678/2001 and (EC) No 1361/2002 and Decisions 85/211/EEC, 91/373/EEC, 93/722/EC, 93/724/EC, 93/726/EC, 96/620/EC, 1999/86/EC, 2002/63/EC, 2002/958/EC, 2003/18/EC, 2003/285/EC, 2003/286/EC, 2003/298/EC, 2003/299/EC, 2003/452/EC, 2003/463/EC and 2004/484/EC are repealed.

2.   The repeal of the Regulations and Decisions referred to in paragraph 1 shall be without prejudice to the maintenance in force of Community acts adopted on the basis of those Regulations and Decisions.

Article 2

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

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

Done at Brussels, 20 November 2009.

For the Council

The President

E. ERLANDSSON

---

(1)  
  OJ L 202, 25.7.1991, p. 39.

1

(2)  
  OJ L 67, 14.3.1991, p. 21.

2

(3)  
  OJ L 334, 30.12.1995, p. 1.

3

(4)  
  OJ L 256, 7.9.1987, p. 1.

4

(5)  
  OJ L 277, 30.10.1996, p. 35.

5

(6)  
  OJ L 333, 10.12.2002, p. 21.

6

(7)  
  OJ L 233, 20.8.1998, p. 1.

7

(8)  
  OJ L 275, 26.10.1999, p. 2.

8

(9)  
  OJ L 96, 3.4.1985, p. 30.

9

(10)  
  OJ L 337, 31.12.1993, p. 11.

10

(11)  
  OJ L 337, 31.12.1993, p. 93.

11

(12)  
  OJ L 337, 31.12.1993, p. 177.

12

(13)  
  OJ L 96, 28.4.1995, p. 1.

13

(14)  
  OJ L 254, 8.10.1996, p. 1.

14

(15)  
  OJ L 62, 4.3.1997, p. 5.

15

(16)  
  OJ L 336, 11.12.1998, p. 1.

16

(17)  
  OJ L 29, 3.2.1999, p. 9.

17

(18)  
  OJ L 127, 21.5.1999, p. 5.

18

(19)  
  OJ L 94, 4.4.2001, p. 1.

19

(20)  
  OJ L 27, 30.1.2002, p. 1.

20

(21)  
  OJ L 198, 27.7.2002, p. 1.

21

(22)  
  OJ L 8, 14.1.2003, p. 18.

22

(23)  
  OJ L 102, 24.4.2003, p. 32.

23

(24)  
  OJ L 156, 25.6.2003, p. 31.

24

(25)  
  OJ L 102, 24.4.2003, p. 60.

25

(26)  
  OJ L 107, 30.4.2003, p. 12.

26

(27)  
  OJ L 107, 30.4.2003, p. 36.

27

(28)  
  OJ L 152, 20.6.2003, p. 22.

28

(29)  
  OJ L 162, 30.4.2004, p. 78.

29

---

| 27.11.2009 | EN | Official Journal of the European Union | L 312/4 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/4

---

COUNCIL REGULATION (EC) No 1140/2009

of 20 November 2009

amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

| (1) | For the purpose of restructuring milk production in the Community, Article 75(1)(a) of Regulation (EC) No 1234/2007 (2) gives to the Member States the possibility to grant compensation to producers who undertake to abandon permanently all or part of their milk production and place the individual quotas thus released in the national reserve. |
| --- | --- |

(1)

For the purpose of restructuring milk production in the Community, Article 75(1)(a) of Regulation (EC) No 1234/2007 (2) gives to the Member States the possibility to grant compensation to producers who undertake to abandon permanently all or part of their milk production and place the individual quotas thus released in the national reserve.

| (2) | In order to stimulate further the necessary restructuring, the surplus levy payable by the milk producers pursuant to Article 78(1) of Regulation (EC) No 1234/2007 should be calculated on the basis of the national quota reduced by the individual quotas bought-up under Article 75(1)(a), subject to the condition that those released quotas remain in the national reserve in the quota year concerned. |
| --- | --- |

(2)

In order to stimulate further the necessary restructuring, the surplus levy payable by the milk producers pursuant to Article 78(1) of Regulation (EC) No 1234/2007 should be calculated on the basis of the national quota reduced by the individual quotas bought-up under Article 75(1)(a), subject to the condition that those released quotas remain in the national reserve in the quota year concerned.

| (3) | Given the necessity to reinforce the financial instruments for further restructuring of the sector, Member States should be allowed to use for the same restructuring purposes the additional money collected on the basis of the new calculation method. |
| --- | --- |

(3)

Given the necessity to reinforce the financial instruments for further restructuring of the sector, Member States should be allowed to use for the same restructuring purposes the additional money collected on the basis of the new calculation method.

| (4) | This calculation method should be applicable on a temporary basis, for the 12-month periods starting on 1 April 2009 and 1 April 2010 and only as regards milk deliveries in order to limit the measure to the extent necessary. |
| --- | --- |

(4)

This calculation method should be applicable on a temporary basis, for the 12-month periods starting on 1 April 2009 and 1 April 2010 and only as regards milk deliveries in order to limit the measure to the extent necessary.

| (5) | Article 186 of Regulation (EC) No 1234/2007 provides that the Commission can take measures in cases of disturbances of the market of certain agricultural products where internal market prices significantly rise or fall. Milk and milk products are, however, not covered by that Article. |
| --- | --- |

(5)

Article 186 of Regulation (EC) No 1234/2007 provides that the Commission can take measures in cases of disturbances of the market of certain agricultural products where internal market prices significantly rise or fall. Milk and milk products are, however, not covered by that Article.

| (6) | In view of the serious difficulties and the increasing price volatility on the dairy market it is appropriate to enlarge the scope of Article 186 of Regulation (EC) No 1234/2007 to milk and milk products, thus enabling the Commission to react to market disturbances in a flexible and swift manner. |
| --- | --- |

(6)

In view of the serious difficulties and the increasing price volatility on the dairy market it is appropriate to enlarge the scope of Article 186 of Regulation (EC) No 1234/2007 to milk and milk products, thus enabling the Commission to react to market disturbances in a flexible and swift manner.

| (7) | Regulation (EC) No 1234/2007 should therefore be amended accordingly, |
| --- | --- |

(7)

Regulation (EC) No 1234/2007 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1234/2007 shall be amended as follows:

| 1. | Article 78 is amended as follows:






  (a) | after paragraph 1, the following paragraph is inserted:

  ‘1a.   By way of derogation from the first subparagraph of paragraph 1, for the 12-month periods starting on 1 April 2009 and 1 April 2010 and as regards deliveries the surplus levy shall be payable on milk marketed in excess of the national quota as established in accordance with Subsection II and reduced by individual quotas for deliveries released into the national reserve in accordance with Article 75(1)(a) as from 30 November 2009 and kept therein until 31 March of the 12-month period concerned.’; |
| --- | --- | --- |

1.

Article 78 is amended as follows:

(a)

after paragraph 1, the following paragraph is inserted:

‘1a.   By way of derogation from the first subparagraph of paragraph 1, for the 12-month periods starting on 1 April 2009 and 1 April 2010 and as regards deliveries the surplus levy shall be payable on milk marketed in excess of the national quota as established in accordance with Subsection II and reduced by individual quotas for deliveries released into the national reserve in accordance with Article 75(1)(a) as from 30 November 2009 and kept therein until 31 March of the 12-month period concerned.’;

| (b) | after paragraph 2, the following paragraph is inserted:

  ‘2a.   The difference between the amount of the surplus levy resulting from the application of paragraph 1a and that resulting from the application of the first subparagraph of paragraph 1 shall be used by the Member State for financing restructuring measures in the dairy sector.’; |
| --- | --- |

(b)

after paragraph 2, the following paragraph is inserted:

‘2a.   The difference between the amount of the surplus levy resulting from the application of paragraph 1a and that resulting from the application of the first subparagraph of paragraph 1 shall be used by the Member State for financing restructuring measures in the dairy sector.’;

| 2. | in Article 79, the following paragraph is added:
  ‘For the 12-month periods starting on 1 April 2009 and 1 April 2010 and as regards the deliveries, the surplus levy shall be entirely allocated, in accordance with Articles 80 and 83, among the producers who have contributed to the overrun of the national quota as established by application of Article 78(1a).’; |
| --- | --- |

2.

in Article 79, the following paragraph is added:

‘For the 12-month periods starting on 1 April 2009 and 1 April 2010 and as regards the deliveries, the surplus levy shall be entirely allocated, in accordance with Articles 80 and 83, among the producers who have contributed to the overrun of the national quota as established by application of Article 78(1a).’;

a

| 3. | in Article 186, point (a) is replaced by the following:






  ‘(a) | with regard to the products of the sugar, hops, beef and veal, milk and milk products, sheepmeat and goatmeat sectors, where the prices on the Community market for any of those products rise or fall significantly;’. |
| --- | --- | --- |

3.

in Article 186, point (a) is replaced by the following:

‘(a)

with regard to the products of the sugar, hops, beef and veal, milk and milk products, sheepmeat and goatmeat sectors, where the prices on the Community market for any of those products rise or fall significantly;’.

Article 2

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

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

Done at Brussels, 20 November 2009.

For the Council

The President

E. ERLANDSSON

---

(1)  Opinion of 22 October 2009 (not yet published in the Official Journal).

1

(2)  
  OJ L 299, 16.11.2007, p. 1.

2

---

| 27.11.2009 | EN | Official Journal of the European Union | L 312/6 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/6

---

COMMISSION REGULATION (EC) No 1141/2009

of 26 November 2009

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 27 November 2009.

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

Done at Brussels, 26 November 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 37,9 |
| MK | 54,6 |
| TR | 61,2 |
| ZZ | 51,2 |
| 0707 00 05 | MA | 52,9 |
| TR | 76,1 |
| ZZ | 64,5 |
| 0709 90 70 | MA | 40,4 |
| TR | 124,9 |
| ZZ | 82,7 |
| 0805 20 10 | MA | 67,6 |
| ZZ | 67,6 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | CN | 48,0 |
| HR | 67,0 |
| MA | 63,0 |
| TR | 74,1 |
| ZZ | 63,0 |
| 0805 50 10 | AR | 64,7 |
| TR | 68,8 |
| ZZ | 66,8 |
| 0808 10 80 | AU | 142,2 |
| CA | 105,6 |
| CN | 108,9 |
| MK | 20,3 |
| US | 97,5 |
| XS | 24,5 |
| ZA | 115,0 |
| ZZ | 87,7 |
| 0808 20 50 | CN | 68,5 |
| TR | 91,0 |
| US | 163,7 |
| ZZ | 107,7 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

37,9

MK

54,6

TR

61,2

ZZ

51,2

0707 00 05

MA

52,9

TR

76,1

ZZ

64,5

0709 90 70

MA

40,4

TR

124,9

ZZ

82,7

0805 20 10

MA

67,6

ZZ

67,6

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

CN

48,0

HR

67,0

MA

63,0

TR

74,1

ZZ

63,0

0805 50 10

AR

64,7

TR

68,8

ZZ

66,8

0808 10 80

AU

142,2

CA

105,6

CN

108,9

MK

20,3

US

97,5

XS

24,5

ZA

115,0

ZZ

87,7

0808 20 50

CN

68,5

TR

91,0

US

163,7

ZZ

107,7

---

(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’.

---

| 27.11.2009 | EN | Official Journal of the European Union | L 312/8 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/8

---

COMMISSION REGULATION (EC) No 1142/2009

of 26 November 2009

amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Interpretations Committee's (IFRIC) Interpretation 17

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (1), and in particular Article 3(1) thereof,

Whereas:

| (1) | By Commission Regulation (EC) No 1126/2008 (2) certain international standards and interpretations that were in existence at 15 October 2008 were adopted. |
| --- | --- |

(1)

By Commission Regulation (EC) No 1126/2008 (2) certain international standards and interpretations that were in existence at 15 October 2008 were adopted.

| (2) | On 27 November 2008, the International Financial Reporting Interpretations Committee (IFRIC) published IFRIC Interpretation 17 Distribution of Non-cash Assets to Owners, hereinafter ‘IFRIC 17’. IFRIC 17 is an interpretation that provides clarification and guidance on the accounting treatment of distributions of non-cash assets to owners of an entity. |
| --- | --- |

(2)

On 27 November 2008, the International Financial Reporting Interpretations Committee (IFRIC) published IFRIC Interpretation 17 Distribution of Non-cash Assets to Owners, hereinafter ‘IFRIC 17’. IFRIC 17 is an interpretation that provides clarification and guidance on the accounting treatment of distributions of non-cash assets to owners of an entity.

| (3) | The consultation with the Technical Expert Group (TEG) of the European Financial Reporting Advisory Group (EFRAG) confirms that IFRIC 17 meets the technical criteria for adoption set out in Article 3(2) of Regulation (EC) No 1606/2002. In accordance with Commission Decision 2006/505/EC of 14 July 2006 setting up a Standards Advice Review Group to advise the Commission on the objectivity and neutrality of the European Financial Reporting Advisory Group's (EFRAG’s) opinions (3), the Standards Advice Review Group considered EFRAG's opinion on endorsement and advised the Commission that it is well-balanced and objective. |
| --- | --- |

(3)

The consultation with the Technical Expert Group (TEG) of the European Financial Reporting Advisory Group (EFRAG) confirms that IFRIC 17 meets the technical criteria for adoption set out in Article 3(2) of Regulation (EC) No 1606/2002. In accordance with Commission Decision 2006/505/EC of 14 July 2006 setting up a Standards Advice Review Group to advise the Commission on the objectivity and neutrality of the European Financial Reporting Advisory Group's (EFRAG’s) opinions (3), the Standards Advice Review Group considered EFRAG's opinion on endorsement and advised the Commission that it is well-balanced and objective.

| (4) | The adoption of IFRIC 17 implies, by way of consequence, amendments to International Financial Reporting Standard (IFRS) 5 and International Accounting Standard (IAS) 10 in order to ensure consistency between international accounting standards. |
| --- | --- |

(4)

The adoption of IFRIC 17 implies, by way of consequence, amendments to International Financial Reporting Standard (IFRS) 5 and International Accounting Standard (IAS) 10 in order to ensure consistency between international accounting standards.

| (5) | Regulation (EC) No 1126/2008 should therefore be amended accordingly. |
| --- | --- |

(5)

Regulation (EC) No 1126/2008 should therefore be amended accordingly.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Accounting Regulatory Committee, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Accounting Regulatory Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1126/2008 is amended as follows:

| 1. | International Financial Reporting Interpretations Committee's (IFRIC) Interpretation 17 Distributions of Non-cash Assets to Owners is inserted as set out in the Annex to this Regulation; |
| --- | --- |

1.

International Financial Reporting Interpretations Committee's (IFRIC) Interpretation 17 Distributions of Non-cash Assets to Owners is inserted as set out in the Annex to this Regulation;

| 2. | International Financial Reporting Standard (IFRS) 5 is amended as set out in the Annex to this Regulation; |
| --- | --- |

2.

International Financial Reporting Standard (IFRS) 5 is amended as set out in the Annex to this Regulation;

| 3. | International Accounting Standard (IAS) 10 is amended as set out in the Annex to this Regulation. |
| --- | --- |

3.

International Accounting Standard (IAS) 10 is amended as set out in the Annex to this Regulation.

Article 2

Each company shall apply IFRIC 17 and the amendments to IFRS 5 and IAS 10, as set out in the Annex to this Regulation, at the latest, as from the commencement date of its first financial year starting after 31 October 2009.

Article 3

This Regulation shall enter into force on the third 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, 26 November 2009.

For the Commission

Charlie McCREEVY

Member of the Commission

---

(1)  
  OJ L 243, 11.9.2002, p. 1.

1

(2)  
  OJ L 320, 29.11.2008, p. 1.

2

(3)  
  OJ L 199, 21.7.2006, p. 33.

3

---

ANNEX

INTERNATIONAL ACCOUNTING STANDARDS

| IFRIC 17 | IFRIC Interpretation 17 Distributions of Non-cash Assets to Owners |
| --- | --- |

IFRIC 17

IFRIC Interpretation 17 Distributions of Non-cash Assets to Owners

Reproduction allowed within the European Economic Area. All existing rights reserved outside the EEA, with the exception of the right to reproduce for the purposes of personal use or other fair dealing. Further information can be obtained from the IASB at www.iasb.org

IFRIC INTERPRETATION 17

Distributions of Non-cash Assets to Owners

REFERENCES

| — | IFRS 3 Business Combinations (as revised in 2008) |
| --- | --- |

—

IFRS 3 Business Combinations (as revised in 2008)

| — | IFRS 5 Non-current Assets Held for Sale and Discontinued Operations |
| --- | --- |

—

IFRS 5 Non-current Assets Held for Sale and Discontinued Operations

| — | IFRS 7 Financial Instruments: Disclosures |
| --- | --- |

—

IFRS 7 Financial Instruments: Disclosures

| — | IAS 1 Presentation of Financial Statements (as revised in 2007) |
| --- | --- |

—

IAS 1 Presentation of Financial Statements (as revised in 2007)

| — | IAS 10 Events after the Reporting Period |
| --- | --- |

—

IAS 10 Events after the Reporting Period

| — | IAS 27 Consolidated and Separate Financial Statements (as amended in May 2008) |
| --- | --- |

—

IAS 27 Consolidated and Separate Financial Statements (as amended in May 2008)

BACKGROUND

| 1 | Sometimes an entity distributes assets other than cash (non-cash assets) as dividends to its owners (*1) acting in their capacity as owners. In those situations, an entity may also give its owners a choice of receiving either non-cash assets or a cash alternative. The IFRIC received requests for guidance on how an entity should account for such distributions. |
| --- | --- |

1

| 2 | International Financial Reporting Standards (IFRSs) do not provide guidance on how an entity should measure distributions to its owners (commonly referred to as dividends). IAS 1 requires an entity to present details of dividends recognised as distributions to owners either in the statement of changes in equity or in the notes to the financial statements. |
| --- | --- |

2

SCOPE

| 3 | This Interpretation applies to the following types of non-reciprocal distributions of assets by an entity to its owners acting in their capacity as owners:






  (a) | distributions of non-cash assets (eg items of property, plant and equipment, businesses as defined in IFRS 3, ownership interests in another entity or disposal groups as defined in IFRS 5); and |
| --- | --- | --- |

3

(a)

distributions of non-cash assets (eg items of property, plant and equipment, businesses as defined in IFRS 3, ownership interests in another entity or disposal groups as defined in IFRS 5); and

| (b) | distributions that give owners a choice of receiving either non-cash assets or a cash alternative. |
| --- | --- |

(b)

distributions that give owners a choice of receiving either non-cash assets or a cash alternative.

| 4 | This Interpretation applies only to distributions in which all owners of the same class of equity instruments are treated equally. |
| --- | --- |

4

| 5 | This Interpretation does not apply to a distribution of a non-cash asset that is ultimately controlled by the same party or parties before and after the distribution. This exclusion applies to the separate, individual and consolidated financial statements of an entity that makes the distribution. |
| --- | --- |

5

| 6 | In accordance with paragraph 5, this Interpretation does not apply when the non-cash asset is ultimately controlled by the same parties both before and after the distribution. Paragraph B2 of IFRS 3 states that ‘A group of individuals shall be regarded as controlling an entity when, as a result of contractual arrangements, they collectively have the power to govern its financial and operating policies so as to obtain benefits from its activities.’ Therefore, for a distribution to be outside the scope of this Interpretation on the basis that the same parties control the asset both before and after the distribution, a group of individual shareholders receiving the distribution must have, as a result of contractual arrangements, such ultimate collective power over the entity making the distribution. |
| --- | --- |

6

| 7 | In accordance with paragraph 5, this Interpretation does not apply when an entity distributes some of its ownership interests in a subsidiary but retains control of the subsidiary. The entity making a distribution that results in the entity recognising a non-controlling interest in its subsidiary accounts for the distribution in accordance with IAS 27 (as amended in 2008). |
| --- | --- |

7

| 8 | This Interpretation addresses only the accounting by an entity that makes a non-cash asset distribution. It does not address the accounting by shareholders who receive such a distribution. |
| --- | --- |

8

ISSUES

| 9 | When an entity declares a distribution and has an obligation to distribute the assets concerned to its owners, it must recognise a liability for the dividend payable. Consequently, this Interpretation addresses the following issues:






  (a) | When should the entity recognise the dividend payable? |
| --- | --- | --- |

9

(a)

When should the entity recognise the dividend payable?

| (b) | How should an entity measure the dividend payable? |
| --- | --- |

(b)

How should an entity measure the dividend payable?

| (c) | When an entity settles the dividend payable, how should it account for any difference between the carrying amount of the assets distributed and the carrying amount of the dividend payable? |
| --- | --- |

(c)

When an entity settles the dividend payable, how should it account for any difference between the carrying amount of the assets distributed and the carrying amount of the dividend payable?

CONSENSUS

When to recognise a dividend payable

| 10 | The liability to pay a dividend shall be recognised when the dividend is appropriately authorised and is no longer at the discretion of the entity, which is the date:






  (a) | when declaration of the dividend, eg by management or the board of directors, is approved by the relevant authority, eg the shareholders, if the jurisdiction requires such approval, or |
| --- | --- | --- |

10

(a)

when declaration of the dividend, eg by management or the board of directors, is approved by the relevant authority, eg the shareholders, if the jurisdiction requires such approval, or

| (b) | when the dividend is declared, eg by management or the board of directors, if the jurisdiction does not require further approval. |
| --- | --- |

(b)

when the dividend is declared, eg by management or the board of directors, if the jurisdiction does not require further approval.

Measurement of a dividend payable

| 11 | An entity shall measure a liability to distribute non-cash assets as a dividend to its owners at the fair value of the assets to be distributed. |
| --- | --- |

11

| 12 | If an entity gives its owners a choice of receiving either a non-cash asset or a cash alternative, the entity shall estimate the dividend payable by considering both the fair value of each alternative and the associated probability of owners selecting each alternative. |
| --- | --- |

12

| 13 | At the end of each reporting period and at the date of settlement, the entity shall review and adjust the carrying amount of the dividend payable, with any changes in the carrying amount of the dividend payable recognised in equity as adjustments to the amount of the distribution. |
| --- | --- |

13

Accounting for any difference between the carrying amount of the assets distributed and the carrying amount of the dividend payable when an entity settles the dividend payable

| 14 | When an entity settles the dividend payable, it shall recognise the difference, if any, between the carrying amount of the assets distributed and the carrying amount of the dividend payable in profit or loss. |
| --- | --- |

14

Presentation and disclosures

| 15 | An entity shall present the difference described in paragraph 14 as a separate line item in profit or loss. |
| --- | --- |

15

| 16 | An entity shall disclose the following information, if applicable:






  (a) | the carrying amount of the dividend payable at the beginning and end of the period; and |
| --- | --- | --- |

16

(a)

the carrying amount of the dividend payable at the beginning and end of the period; and

| (b) | the increase or decrease in the carrying amount recognised in the period in accordance with paragraph 13 as result of a change in the fair value of the assets to be distributed. |
| --- | --- |

(b)

the increase or decrease in the carrying amount recognised in the period in accordance with paragraph 13 as result of a change in the fair value of the assets to be distributed.

| 17 | If, after the end of a reporting period but before the financial statements are authorised for issue, an entity declares a dividend to distribute a non-cash asset, it shall disclose:






  (a) | the nature of the asset to be distributed; |
| --- | --- | --- |

17

(a)

the nature of the asset to be distributed;

| (b) | the carrying amount of the asset to be distributed as of the end of the reporting period; and |
| --- | --- |

(b)

the carrying amount of the asset to be distributed as of the end of the reporting period; and

| (c) | the estimated fair value of the asset to be distributed as of the end of the reporting period, if it is different from its carrying amount, and the information about the method used to determine that fair value required by IFRS 7 paragraph 27(a) and (b). |
| --- | --- |

(c)

the estimated fair value of the asset to be distributed as of the end of the reporting period, if it is different from its carrying amount, and the information about the method used to determine that fair value required by IFRS 7 paragraph 27(a) and (b).

EFFECTIVE DATE

| 18 | An entity shall apply this Interpretation prospectively for annual periods beginning on or after 1 July 2009. Retrospective application is not permitted. Earlier application is permitted. If an entity applies this Interpretation for a period beginning before 1 July 2009, it shall disclose that fact and also apply IFRS 3 (as revised in 2008), IAS 27 (as amended in May 2008) and IFRS 5 (as amended by this Interpretation). |
| --- | --- |

18

---

(*1)  Paragraph 7 of IAS 1 defines owners as holders of instruments classified as equity.

Appendix

Amendments to IFRS 5

Non-current Assets Held for Sale and Discontinued Operations

Paragraph 5A is added.

SCOPE

| 5A | The classification, presentation and measurement requirements in this IFRS applicable to a non-current asset (or disposal group) that is classified as held for sale apply also to a non-current asset (or disposal group) that is classified as held for distribution to owners acting in their capacity as owners (held for distribution to owners). |
| --- | --- |

5A

After paragraph 5A the heading and paragraph 8 are amended, and paragraph 12A is added.

CLASSIFICATION OF NON-CURRENT ASSETS (OR DISPOSAL GROUPS) AS HELD FOR SALE OR AS HELD FOR DISTRIBUTION TO OWNERS

| 8 | For the sale to be highly probable, the appropriate level of management must be committed to a plan to sell the asset (or disposal group), and an active programme to locate a buyer and complete the plan must have been initiated. Further, the asset (or disposal group) must be actively marketed for sale at a price that is reasonable in relation to its current fair value. In addition, the sale should be expected to qualify for recognition as a completed sale within one year from the date of classification, except as permitted by paragraph 9, and actions required to complete the plan should indicate that it is unlikely that significant changes to the plan will be made or that the plan will be withdrawn. The probability of shareholders’ approval (if required in the jurisdiction) should be considered as part of the assessment of whether the sale is highly probable. |
| --- | --- |

8

| 12A | A non-current asset (or disposal group) is classified as held for distribution to owners when the entity is committed to distribute the asset (or disposal group) to the owners. For this to be the case, the assets must be available for immediate distribution in their present condition and the distribution must be highly probable. For the distribution to be highly probable, actions to complete the distribution must have been initiated and should be expected to be completed within one year from the date of classification. Actions required to complete the distribution should indicate that it is unlikely that significant changes to the distribution will be made or that the distribution will be withdrawn. The probability of shareholders’ approval (if required in the jurisdiction) should be considered as part of the assessment of whether the distribution is highly probable. |
| --- | --- |

12A

Paragraph 15A and a footnote are added.

MEASUREMENT OF NON-CURRENT ASSETS (OR DISPOSAL GROUPS) CLASSIFIED AS HELD FOR SALE

| 15A | An entity shall measure a non-current asset (or disposal group) classified as held for distribution to owners at the lower of its carrying amount and fair value less costs to distribute (*1). |
| --- | --- |

15A

Paragraph 44D is added.

EFFECTIVE DATE

| 44D | Paragraphs 5A, 12A and 15A were added and paragraph 8 was amended by IFRIC 17 Distributions of Non-cash Assets to Owners in November 2008. Those amendments shall be applied prospectively to non-current assets (or disposal groups) that are classified as held for distribution to owners in annual periods beginning on or after 1 July 2009. Retrospective application is not permitted. Earlier application is permitted. If an entity applies the amendments for a period beginning before 1 July 2009 it shall disclose that fact and also apply IFRS 3 Business Combinations (as revised in 2008), IAS 27 (as amended in May 2008) and IFRIC 17. |
| --- | --- |

44D

Amendment to IAS 10

Events after the Reporting Period

Paragraph 13 is amended.

DIVIDENDS

| 13 | If dividends are declared after the reporting period but before the financial statements are authorised for issue, the dividends are not recognised as a liability at the end of the reporting period because no obligation exists at that time. Such dividends are disclosed in the notes in accordance with IAS 1 Presentation of Financial Statements. |
| --- | --- |

13

---

(*1)  Costs to distribute are the incremental costs directly attributable to the distribution, excluding finance costs and income tax expense.

---

| 27.11.2009 | EN | Official Journal of the European Union | L 312/14 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/14

---

COMMISSION REGULATION (EC) No 1143/2009

of 26 November 2009

approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Picodon de l’Ardèche ou Picodon de la Drôme (PDO))

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | In accordance with the first subparagraph of Article 9(1) and in application of Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined France’s application for the approval of amendments to the specification of the protected designation of origin ‘Picodon de l’Ardèche ou Picodon de la Drôme’ registered on the basis of Commission Regulation (EC) No 1107/96 (2). |
| --- | --- |

(1)

In accordance with the first subparagraph of Article 9(1) and in application of Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined France’s application for the approval of amendments to the specification of the protected designation of origin ‘Picodon de l’Ardèche ou Picodon de la Drôme’ registered on the basis of Commission Regulation (EC) No 1107/96 (2).

| (2) | The application for an amendment includes, among other things, amendment of the name of ‘Picodon de l’Ardèche ou Picodon de la Drôme’, which now becomes ‘Picodon’. This is a traditional name which, in accordance with Article 2(2) of Regulation (EC) No 510/2006, is considered a designation of origin fulfilling the same conditions as those for a protected designation of origin. The name ‘Picodon’ is the shortened common form, traditionally used in trade and in normal speech to identify the product obtained in accordance with the specification. |
| --- | --- |

(2)

The application for an amendment includes, among other things, amendment of the name of ‘Picodon de l’Ardèche ou Picodon de la Drôme’, which now becomes ‘Picodon’. This is a traditional name which, in accordance with Article 2(2) of Regulation (EC) No 510/2006, is considered a designation of origin fulfilling the same conditions as those for a protected designation of origin. The name ‘Picodon’ is the shortened common form, traditionally used in trade and in normal speech to identify the product obtained in accordance with the specification.

| (3) | The amendments made also provide more detail as regards the definition and practices used by the producers when manufacturing the product. The formal inclusion in the specification is intended to protect the designation from potential abuse and to make it more distinctive by strengthening the link to its origin. Lastly, the name of the national Decree protecting the designation has been updated. |
| --- | --- |

(3)

The amendments made also provide more detail as regards the definition and practices used by the producers when manufacturing the product. The formal inclusion in the specification is intended to protect the designation from potential abuse and to make it more distinctive by strengthening the link to its origin. Lastly, the name of the national Decree protecting the designation has been updated.

| (4) | Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (3), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection in accordance with Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved, |
| --- | --- |

(4)

Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (3), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection in accordance with Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,

HAS ADOPTED THIS REGULATION:

Article 1

The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.

Article 2

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

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

Done at Brussels, 26 November 2009.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ L 148, 21.6.1996, p. 1.

2

(3)  
  OJ C 74, 28.3.2009, p. 74.

3

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheeses

FRANCE

Picodon (PDO)

---

| 27.11.2009 | EN | Official Journal of the European Union | L 312/16 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/16

---

COMMISSION REGULATION (EC) No 1144/2009

of 26 November 2009

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

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

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

(5)

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

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

(6)

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

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

(7)

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

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

(8)

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

Community carriers

Community carriers

| (9) | Following information resulting from SAFA ramp checks carried out on aircraft of certain Community air carriers, as well as area specific inspections and audits carried out by their national aviation authorities, some Member States have taken certain enforcement measures. They informed the Commission and the Air Safety Committee about these measures: the competent authorities of Lithuania revoked the Air Operator Certificate (AOC) of the air carrier FLYLAL Lithuanian Airlines and the competent authorities of Spain launched the procedure to suspend the AOC of the air carrier Euro Continental on 30 October 2009. |
| --- | --- |

(9)

Following information resulting from SAFA ramp checks carried out on aircraft of certain Community air carriers, as well as area specific inspections and audits carried out by their national aviation authorities, some Member States have taken certain enforcement measures. They informed the Commission and the Air Safety Committee about these measures: the competent authorities of Lithuania revoked the Air Operator Certificate (AOC) of the air carrier FLYLAL Lithuanian Airlines and the competent authorities of Spain launched the procedure to suspend the AOC of the air carrier Euro Continental on 30 October 2009.

Albanian Airlines MAK

Albanian Airlines MAK

| (10) | There is verified evidence of serious safety deficiencies on the part of Albanian Airlines MAK certified in Albania. These deficiencies have been identified by France, Germany, Italy as well as other ECAC States during ramp inspections performed under the SAFA programme (4). These deficiencies concern mainly aircraft of type MD82. |
| --- | --- |

(10)

There is verified evidence of serious safety deficiencies on the part of Albanian Airlines MAK certified in Albania. These deficiencies have been identified by France, Germany, Italy as well as other ECAC States during ramp inspections performed under the SAFA programme (4). These deficiencies concern mainly aircraft of type MD82.

4

| (11) | Albanian Airlines MAK responded adequately and in a timely fashion to the enquiry by the civil aviation authority of France, Germany and Italy regarding the corrective actions undertaken to address these safety deficiencies. |
| --- | --- |

(11)

Albanian Airlines MAK responded adequately and in a timely fashion to the enquiry by the civil aviation authority of France, Germany and Italy regarding the corrective actions undertaken to address these safety deficiencies.

| (12) | The competent authorities of Albania (DGCA) however confirmed that the deficiencies identified in SAFA inspections actually pointed to systemic deficiencies in the operations and the quality system of Albanian Airlines MAK. The DGCA carried out an in-depth investigation of the air carrier’s compliance with the applicable safety standards, following which they decided to impose restrictions on the operation and structural changes to the air carrier. In particular the DGCA informed the Air Safety Committee that the fleet was reduced from 3 to 2 aircraft and that the aircraft of type MD-82 with registration ZA-ASA was withdrawn from the AOC of Albanian Airlines and deregistered on 1 October 2009. In addition, the DGCA limited on 23 October the operations of the air carrier to the level and destinations existing at that date and requested the air carrier to change, with immediate effect, its management and reinforce the quality management and safety management systems. |
| --- | --- |

(12)

The competent authorities of Albania (DGCA) however confirmed that the deficiencies identified in SAFA inspections actually pointed to systemic deficiencies in the operations and the quality system of Albanian Airlines MAK. The DGCA carried out an in-depth investigation of the air carrier’s compliance with the applicable safety standards, following which they decided to impose restrictions on the operation and structural changes to the air carrier. In particular the DGCA informed the Air Safety Committee that the fleet was reduced from 3 to 2 aircraft and that the aircraft of type MD-82 with registration ZA-ASA was withdrawn from the AOC of Albanian Airlines and deregistered on 1 October 2009. In addition, the DGCA limited on 23 October the operations of the air carrier to the level and destinations existing at that date and requested the air carrier to change, with immediate effect, its management and reinforce the quality management and safety management systems.

| (13) | The DGCA made presentations to the Air Safety Committee on 11 November which confirmed that these corrective actions have been implemented and are deemed to effectively address the safety deficiencies identified. |
| --- | --- |

(13)

The DGCA made presentations to the Air Safety Committee on 11 November which confirmed that these corrective actions have been implemented and are deemed to effectively address the safety deficiencies identified.

| (14) | The competent authorities of Albania have shown that they acted to ensure the safety oversight of Albanian Airlines MAK. |
| --- | --- |

(14)

The competent authorities of Albania have shown that they acted to ensure the safety oversight of Albanian Airlines MAK.

| (15) | The competent authorities of Albania are invited to expedite the implementation of the action plan referred to in recital (32) of Regulation (EC) No 787/2007 (5), and reminded of their commitment referred to in recital (33) of the same Regulation, not to issue any further AOC until the restructuring programme has been satisfactorily implemented. In view of this, Albania is invited to accelerate the capacity building of the DGCA in order to ensure the continuing oversight of air carriers certified in Albania is carried out in a sustainable manner and in compliance with the applicable safety standards. |
| --- | --- |

(15)

The competent authorities of Albania are invited to expedite the implementation of the action plan referred to in recital (32) of Regulation (EC) No 787/2007 (5), and reminded of their commitment referred to in recital (33) of the same Regulation, not to issue any further AOC until the restructuring programme has been satisfactorily implemented. In view of this, Albania is invited to accelerate the capacity building of the DGCA in order to ensure the continuing oversight of air carriers certified in Albania is carried out in a sustainable manner and in compliance with the applicable safety standards.

5

| (16) | The European Aviation Safety Agency will carry out a standardisation inspection of Albania in early 2010 to monitor the implementation of the applicable safety requirements by the competent authorities and by the undertakings under their oversight. |
| --- | --- |

(16)

The European Aviation Safety Agency will carry out a standardisation inspection of Albania in early 2010 to monitor the implementation of the applicable safety requirements by the competent authorities and by the undertakings under their oversight.

Egypt Air

Egypt Air

| (17) | In accordance with Regulation (EC) No 619/2009 (6) and following the presentation of the Corrective Action Plan in June 2009, the competent authorities of Egypt have submitted four monthly reports covering July, August, September and October 2009 to show the status of implementation of the plan as verified by these authorities. Further to these reports which have focused on ramp checks of aircraft of Egypt Air, the competent authorities of Egypt were requested to provide the audit reports for maintenance, continuing airworthiness and flight operations that they carried out on the air carrier. The competent authorities of Egypt transmitted on 10 November the report of the base inspection of Egypt Air in October 2009 which led to the renewal of the AOC of the air carrier. The audit reports for continued airworthiness, flight and ground operations were not transmitted. The documents provided show that, while significant progress has been made by the air carrier, further improvements in the areas of maintenance and engineering and operations are anticipated. |
| --- | --- |

(17)

In accordance with Regulation (EC) No 619/2009 (6) and following the presentation of the Corrective Action Plan in June 2009, the competent authorities of Egypt have submitted four monthly reports covering July, August, September and October 2009 to show the status of implementation of the plan as verified by these authorities. Further to these reports which have focused on ramp checks of aircraft of Egypt Air, the competent authorities of Egypt were requested to provide the audit reports for maintenance, continuing airworthiness and flight operations that they carried out on the air carrier. The competent authorities of Egypt transmitted on 10 November the report of the base inspection of Egypt Air in October 2009 which led to the renewal of the AOC of the air carrier. The audit reports for continued airworthiness, flight and ground operations were not transmitted. The documents provided show that, while significant progress has been made by the air carrier, further improvements in the areas of maintenance and engineering and operations are anticipated.

6

| (18) | The competent authorities of Egypt have also undertaken to provide information regarding the satisfactory closure of findings previously raised during ramp checks of aircraft of Egypt Air in 2008 and 2009. To that end, they addressed relevant correspondence to certain Member States where aircraft of Egypt Air had been subject to ramp checks in the period 1 January 2008 to 30 September 2009. The process of closure of these finding is ongoing and shall be verified on a regular basis. |
| --- | --- |

(18)

The competent authorities of Egypt have also undertaken to provide information regarding the satisfactory closure of findings previously raised during ramp checks of aircraft of Egypt Air in 2008 and 2009. To that end, they addressed relevant correspondence to certain Member States where aircraft of Egypt Air had been subject to ramp checks in the period 1 January 2008 to 30 September 2009. The process of closure of these finding is ongoing and shall be verified on a regular basis.

| (19) | The Air Safety Committee acknowledges the efforts made by the carrier towards completing the actions necessary to redress its safety situation, as well as the strong disposition towards cooperation shown both by the carrier and the competent authorities of Egypt. However, given the scope and range of the corrective action plan and the need to provide for sustainable solutions to the previously identified safety deficiencies, the competent authorities of Egypt are requested to continue sending monthly reports on verification of the implementation of that plan and closure of the findings identified during the SAFA inspections along with any other reports of audits that they carry out on Egypt Air. |
| --- | --- |

(19)

The Air Safety Committee acknowledges the efforts made by the carrier towards completing the actions necessary to redress its safety situation, as well as the strong disposition towards cooperation shown both by the carrier and the competent authorities of Egypt. However, given the scope and range of the corrective action plan and the need to provide for sustainable solutions to the previously identified safety deficiencies, the competent authorities of Egypt are requested to continue sending monthly reports on verification of the implementation of that plan and closure of the findings identified during the SAFA inspections along with any other reports of audits that they carry out on Egypt Air.

| (20) | Upon completion of the corrective action plan, the competent authorities of Egypt should carry out a final audit and communicate the results to the Commission along with any recommendations. The Commission reserves the right to proceed to the verification of the implementation of corrective measures by the air carrier by means of a visit to be carried out by the European Aviation Safety Agency with the assistance of Member States. In the meantime, the Member States shall continue to ensure that the number of inspections of Egypt Air will be intensified in order to provide the basis for a reassessment of this case during the next Air Safety Committee. |
| --- | --- |

(20)

Upon completion of the corrective action plan, the competent authorities of Egypt should carry out a final audit and communicate the results to the Commission along with any recommendations. The Commission reserves the right to proceed to the verification of the implementation of corrective measures by the air carrier by means of a visit to be carried out by the European Aviation Safety Agency with the assistance of Member States. In the meantime, the Member States shall continue to ensure that the number of inspections of Egypt Air will be intensified in order to provide the basis for a reassessment of this case during the next Air Safety Committee.

Yemenia Yemen Airways

Yemenia Yemen Airways

| (21) | Pursuant to Regulations (EC) No 715/2008 and 1131/2008 (7), Member States continued to verify the effective compliance of Yemenia with the relevant safety standards through regular ramp checks of its aircraft landing on Community airports. In 2009, France, Germany, Italy and the United Kingdom reported such inspections. The Commission received documentation demonstrating that the air carrier reacted appropriately and in a timely manner to resolve the findings arising from these inspections. |
| --- | --- |

(21)

Pursuant to Regulations (EC) No 715/2008 and 1131/2008 (7), Member States continued to verify the effective compliance of Yemenia with the relevant safety standards through regular ramp checks of its aircraft landing on Community airports. In 2009, France, Germany, Italy and the United Kingdom reported such inspections. The Commission received documentation demonstrating that the air carrier reacted appropriately and in a timely manner to resolve the findings arising from these inspections.

7

| (22) | Following the adoption of Regulation (EC) No 619/2009 the Commission received additional information from the competent authorities of the Republic of Yemen as well as from the carrier Yemenia Yemen Airways on the implementation of the corrective actions plan in the areas of maintenance and operations. |
| --- | --- |

(22)

Following the adoption of Regulation (EC) No 619/2009 the Commission received additional information from the competent authorities of the Republic of Yemen as well as from the carrier Yemenia Yemen Airways on the implementation of the corrective actions plan in the areas of maintenance and operations.

| (23) | The competent authorities of the Republic of Yemen informed the Commission of the verification they carried out on the maintenance facilities of Yemenia after the suspension of its maintenance organisation approval EASA.145.0177 with a view to assess the compliance of Yemenia with the Yemenite standard YCAR-145. The competent authorities of the Republic of Yemen transmitted a revised corrective action plan from Yemenia dated 15 September 2009 following the audit by the Civil Aviation and Meteorology Authority (CAMA) of the maintenance organisation of Yemenia according to the national requirements (YCAR-145) together with a follow-up audit by CAMA dated 20 September 2009. Both documents showed that all findings have been closed. In addition, individual supporting documentation for the closure of findings were provided by CAMA during the meeting of the Air Safety Committee on 10 November 2009. |
| --- | --- |

(23)

The competent authorities of the Republic of Yemen informed the Commission of the verification they carried out on the maintenance facilities of Yemenia after the suspension of its maintenance organisation approval EASA.145.0177 with a view to assess the compliance of Yemenia with the Yemenite standard YCAR-145. The competent authorities of the Republic of Yemen transmitted a revised corrective action plan from Yemenia dated 15 September 2009 following the audit by the Civil Aviation and Meteorology Authority (CAMA) of the maintenance organisation of Yemenia according to the national requirements (YCAR-145) together with a follow-up audit by CAMA dated 20 September 2009. Both documents showed that all findings have been closed. In addition, individual supporting documentation for the closure of findings were provided by CAMA during the meeting of the Air Safety Committee on 10 November 2009.

| (24) | Furthermore, the Air Safety Committee was informed of the positive assessment, at this stage, by EASA and the competent authorities of France of the implementation of corrective actions by Yemenia to regain its European maintenance approval. |
| --- | --- |

(24)

Furthermore, the Air Safety Committee was informed of the positive assessment, at this stage, by EASA and the competent authorities of France of the implementation of corrective actions by Yemenia to regain its European maintenance approval.

| (25) | The efforts deployed by Yemenia to correct the identified safety deficiencies in the various audits are acknowledged. The completion by Yemenia of the corrective action plan in the field of maintenance as reported in the assessments carried out in this area by CAMA is noted. An on-site visit in Yemen will be organised by EASA and Member States as soon as practicable to verify the safety situation of Yemenia with a view to evaluating its actual compliance with international safety standards and to evaluate the capacity of CAMA to ensure the oversight of the safety of civil aviation in Yemen. |
| --- | --- |

(25)

The efforts deployed by Yemenia to correct the identified safety deficiencies in the various audits are acknowledged. The completion by Yemenia of the corrective action plan in the field of maintenance as reported in the assessments carried out in this area by CAMA is noted. An on-site visit in Yemen will be organised by EASA and Member States as soon as practicable to verify the safety situation of Yemenia with a view to evaluating its actual compliance with international safety standards and to evaluate the capacity of CAMA to ensure the oversight of the safety of civil aviation in Yemen.

| (26) | Member States will verify systematically the effective compliance of Yemenia with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EC) No 351/2008. The Air Safety Committee will review this case in its next session. |
| --- | --- |

(26)

Member States will verify systematically the effective compliance of Yemenia with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EC) No 351/2008. The Air Safety Committee will review this case in its next session.

Air carriers from Democratic Republic of Congo

Air carriers from Democratic Republic of Congo

| (27) | The Democratic Republic of Congo informed the Commission of the withdrawal of operating licences for the following air carriers: Virunga Air Charter, Air Navette, Air Beni, Air Boyoma, Butembo Airlines, Sun Air services, Rwakabika Bushi Express, Aigle Aviation, Kivu Air, Comair, Free Airlines, Great Lake Business Company, Air Infini, Bel Glob Airlines, Safari Logistics, Tembo Air Services, Katanga Airways, Cargo Bull, Africa One, Malila Airlift, Transport Aérien Congolais (TRACO), El Sam Airlift, Thom's Airways, Piva Airlines, Espace Aviation Service. These air carriers have ceased their activities since 30 July 2009. |
| --- | --- |

(27)

The Democratic Republic of Congo informed the Commission of the withdrawal of operating licences for the following air carriers: Virunga Air Charter, Air Navette, Air Beni, Air Boyoma, Butembo Airlines, Sun Air services, Rwakabika Bushi Express, Aigle Aviation, Kivu Air, Comair, Free Airlines, Great Lake Business Company, Air Infini, Bel Glob Airlines, Safari Logistics, Tembo Air Services, Katanga Airways, Cargo Bull, Africa One, Malila Airlift, Transport Aérien Congolais (TRACO), El Sam Airlift, Thom's Airways, Piva Airlines, Espace Aviation Service. These air carriers have ceased their activities since 30 July 2009.

| (28) | Furthermore, the competent authorities of the Democratic Republic of Congo informed of the withdrawal of operating licenses for air carriers of which the Commission had not been previously informed they had an operating license: Air Fox, Trans Kasai Air, Wetrafa, Adala Airways, Executive Aviation, Flight Express, Katana Airways, Showa Air Cargo, Gloria Airways, Soft Trans Air, Lomami Aviation, Pegassus Aviation, African Trading and Transport, Brooks Trading. These air carriers have ceased their activities since 30 July 2009. |
| --- | --- |

(28)

Furthermore, the competent authorities of the Democratic Republic of Congo informed of the withdrawal of operating licenses for air carriers of which the Commission had not been previously informed they had an operating license: Air Fox, Trans Kasai Air, Wetrafa, Adala Airways, Executive Aviation, Flight Express, Katana Airways, Showa Air Cargo, Gloria Airways, Soft Trans Air, Lomami Aviation, Pegassus Aviation, African Trading and Transport, Brooks Trading. These air carriers have ceased their activities since 30 July 2009.

| (29) | In view of the above, on the basis of the common criteria, it is assessed that the aforementioned air carriers licensed in the Democratic Republic of Congo should be removed from Annex A. |
| --- | --- |

(29)

In view of the above, on the basis of the common criteria, it is assessed that the aforementioned air carriers licensed in the Democratic Republic of Congo should be removed from Annex A.

Air carriers from Djibouti

Air carriers from Djibouti

| (30) | There is verified evidence of a lack of ability of the authorities responsible for the oversight of air carriers licensed in Djibouti to address safety deficiencies, as demonstrated by the results of the audit of Djibouti carried out by ICAO in the framework of the Universal Safety Oversight Audit Programme (USOAP) in March 2008. This audit reported a large number of significant deficiencies with regard to the capability of the civil aviation authorities of Djibouti to discharge their air safety oversight responsibilities. At the time of the completion of the ICAO audit, more than 96% of ICAO standards were not implemented. |
| --- | --- |

(30)

There is verified evidence of a lack of ability of the authorities responsible for the oversight of air carriers licensed in Djibouti to address safety deficiencies, as demonstrated by the results of the audit of Djibouti carried out by ICAO in the framework of the Universal Safety Oversight Audit Programme (USOAP) in March 2008. This audit reported a large number of significant deficiencies with regard to the capability of the civil aviation authorities of Djibouti to discharge their air safety oversight responsibilities. At the time of the completion of the ICAO audit, more than 96% of ICAO standards were not implemented.

| (31) | There is evidence of insufficient ability of the competent authorities of Djibouti to remedy effectively the non-compliance findings made by ICAO, as demonstrated by the fact that ICAO considers in its final report dated February 2009 that a very significant part of the corrective actions proposed or implemented by these authorities do not actually address the deficiencies observed. In the area of aircraft operations in particular, more than two-third of the actions proposed by Djibouti were not considered as fully acceptable by ICAO. |
| --- | --- |

(31)

There is evidence of insufficient ability of the competent authorities of Djibouti to remedy effectively the non-compliance findings made by ICAO, as demonstrated by the fact that ICAO considers in its final report dated February 2009 that a very significant part of the corrective actions proposed or implemented by these authorities do not actually address the deficiencies observed. In the area of aircraft operations in particular, more than two-third of the actions proposed by Djibouti were not considered as fully acceptable by ICAO.

| (32) | In addition, ICAO released a significant safety concern to all States Party to the Chicago Convention to notify them that Djibouti has not established a reliable system for the oversight of the air carriers to which the competent authorities of Djibouti have issued an Air Operator Certificate (AOC) nor an acceptable action plan to remedy this situation. |
| --- | --- |

(32)

In addition, ICAO released a significant safety concern to all States Party to the Chicago Convention to notify them that Djibouti has not established a reliable system for the oversight of the air carriers to which the competent authorities of Djibouti have issued an Air Operator Certificate (AOC) nor an acceptable action plan to remedy this situation.

| (33) | The Commission, having regard to the above, has entered into consultation with the competent authorities of Djibouti, expressing serious concerns about the safety of the operations of air carriers licensed in this state and asking for clarifications regarding the actions undertaken by the competent authorities of Djibouti to respond to ICAO findings and observations on the acceptability of the remedial actions. |
| --- | --- |

(33)

The Commission, having regard to the above, has entered into consultation with the competent authorities of Djibouti, expressing serious concerns about the safety of the operations of air carriers licensed in this state and asking for clarifications regarding the actions undertaken by the competent authorities of Djibouti to respond to ICAO findings and observations on the acceptability of the remedial actions.

| (34) | The competent authorities of Djibouti (DACM) informed the Commission that the implementation of the action plan aimed at addressing the findings made by ICAO is delayed, with only a limited number of findings being considered as closed. The DACM did not provide details about the actions undertaken nor evidence of the satisfactory closure of the related findings. The DACM did not respond to the observations made by ICAO concerning the relevance of 34 actions considered by ICAO as insufficient to address the findings. |
| --- | --- |

(34)

The competent authorities of Djibouti (DACM) informed the Commission that the implementation of the action plan aimed at addressing the findings made by ICAO is delayed, with only a limited number of findings being considered as closed. The DACM did not provide details about the actions undertaken nor evidence of the satisfactory closure of the related findings. The DACM did not respond to the observations made by ICAO concerning the relevance of 34 actions considered by ICAO as insufficient to address the findings.

| (35) | The DACM confirmed that two fatal accidents occurred in 2002 and 2007, affecting aircraft of type Let 410 and the aircraft of type Antonov 26. However, they did not provide information about the aircraft accident investigations nor their actions to address the causes of these accidents. |
| --- | --- |

(35)

The DACM confirmed that two fatal accidents occurred in 2002 and 2007, affecting aircraft of type Let 410 and the aircraft of type Antonov 26. However, they did not provide information about the aircraft accident investigations nor their actions to address the causes of these accidents.

| (36) | The DACM informed the Commission that they cancelled the AOC of Djibouti Airlines on 30 July 2009 and that the airline had at that date stopped its activities. They also informed that they cancelled the AOC of Daallo Airlines on 15 September. However, Daallo Airlines still retains an operating license and uses aircraft of type DC9 registered in Comores, aircraft of type Antonov 24 registered in Armenia, and aircraft of type Ilyushin 18 registered in Kazakhstan. The identity of the actual operators of these aircraft was not provided. The competent authorities of Djibouti have not demonstrated that they are in a position to effectively discharge their responsibilities regarding safety oversight of air carriers certified in Djibouti. |
| --- | --- |

(36)

The DACM informed the Commission that they cancelled the AOC of Djibouti Airlines on 30 July 2009 and that the airline had at that date stopped its activities. They also informed that they cancelled the AOC of Daallo Airlines on 15 September. However, Daallo Airlines still retains an operating license and uses aircraft of type DC9 registered in Comores, aircraft of type Antonov 24 registered in Armenia, and aircraft of type Ilyushin 18 registered in Kazakhstan. The identity of the actual operators of these aircraft was not provided. The competent authorities of Djibouti have not demonstrated that they are in a position to effectively discharge their responsibilities regarding safety oversight of air carriers certified in Djibouti.

| (37) | In view of this, on the basis of the common criteria, it is assessed that all air carriers certified in Djibouti should be included in Annex A. |
| --- | --- |

(37)

In view of this, on the basis of the common criteria, it is assessed that all air carriers certified in Djibouti should be included in Annex A.

Air carriers from the Republic of Congo

Air carriers from the Republic of Congo

| (38) | ICAO conducted an USOAP audit in the Republic of Congo in November 2008. The following finding gave rise to a significant safety concern:
  ‘The ANAC (National Civil Aviation Agency) has issued a certain number of air operator certificates (AOC) without having first established and put in place a process for the certification and continuous oversight of air operators. Consequently, these AOCs have been issued without the ANAC having ensured the operators’ compliance with the Standards of Annex 6 to the Chicago Convention or the provisions of ICAO Doc 8335. In addition, there are operators functioning with a provisional operating licence and without an AOC’
  . This significant safety concern is still in force. |
| --- | --- |

(38)

ICAO conducted an USOAP audit in the Republic of Congo in November 2008. The following finding gave rise to a significant safety concern:
  ‘The ANAC (National Civil Aviation Agency) has issued a certain number of air operator certificates (AOC) without having first established and put in place a process for the certification and continuous oversight of air operators. Consequently, these AOCs have been issued without the ANAC having ensured the operators’ compliance with the Standards of Annex 6 to the Chicago Convention or the provisions of ICAO Doc 8335. In addition, there are operators functioning with a provisional operating licence and without an AOC’
  . This significant safety concern is still in force.

‘The ANAC (National Civil Aviation Agency) has issued a certain number of air operator certificates (AOC) without having first established and put in place a process for the certification and continuous oversight of air operators. Consequently, these AOCs have been issued without the ANAC having ensured the operators’ compliance with the Standards of Annex 6 to the Chicago Convention or the provisions of ICAO Doc 8335. In addition, there are operators functioning with a provisional operating licence and without an AOC’

| (39) | During this ICAO audit, 63 findings were raised showing a lack of effective implementation of international safety standards. The Republic of Congo consequently submitted a corrective action plan. However, more than one third of the proposed corrective actions were not accepted by ICAO. |
| --- | --- |

(39)

During this ICAO audit, 63 findings were raised showing a lack of effective implementation of international safety standards. The Republic of Congo consequently submitted a corrective action plan. However, more than one third of the proposed corrective actions were not accepted by ICAO.

| (40) | On 26 August 2009, a cargo aircraft operated by the air carrier Aero Fret Business certified in the Republic of Congo suffered an accident near the airport of Brazzaville, killing all six occupants. As State of Occurrence, the Republic of Congo is responsible for the safety investigation which must be carried out under the provisions of Annex 13 to the Chicago Convention in order to identify the causes and avoid the re-occurrence of such an accident. However, the ICAO audit also identified 11 deficiencies in the field of accident investigation in the Republic of Congo, of which 6 proposed corrective actions were not considered satisfactory. |
| --- | --- |

(40)

On 26 August 2009, a cargo aircraft operated by the air carrier Aero Fret Business certified in the Republic of Congo suffered an accident near the airport of Brazzaville, killing all six occupants. As State of Occurrence, the Republic of Congo is responsible for the safety investigation which must be carried out under the provisions of Annex 13 to the Chicago Convention in order to identify the causes and avoid the re-occurrence of such an accident. However, the ICAO audit also identified 11 deficiencies in the field of accident investigation in the Republic of Congo, of which 6 proposed corrective actions were not considered satisfactory.

| (41) | The competent authorities of the Republic of Congo informed the Commission during two meetings held in Brussels that they intended to proceed to the recertification of three operators with the assistance of ICAO experts. Also, these authorities transmitted its decisions dated 15 October 2009 by which the operators Aero-Service, Equaflight Services, Société Nouvelle Air Congo and Trans Air Congo were granted Air Operators Certificates for a one year period. At the same date, the competent authority of the Republic of Congo informed the companies Aero Fret Business, Canadian Airways, Congo Airways (WAC), Emeraude, Equajet, Heli-Union Congo, Mani Air Fret, Mistral Aviation and Protocole Aviation that their AOCs were withdrawn pending examination of the necessary documentation required to obtain a new AOC. In addition, the Air Operators Certificates of the following companies were withdrawn: Air Cargo International, BIP Congo, Brazza Airways, Clesh Aviation, Finalair, Heavy Lift Congo, Ligne Aérienne Colombe, Locair Craft, Maouene, Natalco Airlines and United Express Service. However, these authorities did not demonstrate that the certification process followed for the issuance of any AOC complies with the relevant ICAO standards nor that the oversight of the air carriers to which they have issued AOCs is carried out in compliance with these standards. |
| --- | --- |

(41)

The competent authorities of the Republic of Congo informed the Commission during two meetings held in Brussels that they intended to proceed to the recertification of three operators with the assistance of ICAO experts. Also, these authorities transmitted its decisions dated 15 October 2009 by which the operators Aero-Service, Equaflight Services, Société Nouvelle Air Congo and Trans Air Congo were granted Air Operators Certificates for a one year period. At the same date, the competent authority of the Republic of Congo informed the companies Aero Fret Business, Canadian Airways, Congo Airways (WAC), Emeraude, Equajet, Heli-Union Congo, Mani Air Fret, Mistral Aviation and Protocole Aviation that their AOCs were withdrawn pending examination of the necessary documentation required to obtain a new AOC. In addition, the Air Operators Certificates of the following companies were withdrawn: Air Cargo International, BIP Congo, Brazza Airways, Clesh Aviation, Finalair, Heavy Lift Congo, Ligne Aérienne Colombe, Locair Craft, Maouene, Natalco Airlines and United Express Service. However, these authorities did not demonstrate that the certification process followed for the issuance of any AOC complies with the relevant ICAO standards nor that the oversight of the air carriers to which they have issued AOCs is carried out in compliance with these standards.

| (42) | The competent authorities of the Republic of Congo have made written submissions to the Air Safety Committee regarding measures taken to resolve the significant safety concern raised by ICAO as well as other non compliances stated in the ICAO USOAP audit report. The Commission takes note of all measures undertaken to date by the competent authorities of the Republic of Congo and urges them to intensify their efforts to implement sustainable corrective actions. The Commission will monitor closely in cooperation with ICAO any developments in the civil aviation in the Republic of Congo and is willing to engage in technical assistance with a view to enhance the administrative and technical capability of authority with oversight responsibility in this country. |
| --- | --- |

(42)

The competent authorities of the Republic of Congo have made written submissions to the Air Safety Committee regarding measures taken to resolve the significant safety concern raised by ICAO as well as other non compliances stated in the ICAO USOAP audit report. The Commission takes note of all measures undertaken to date by the competent authorities of the Republic of Congo and urges them to intensify their efforts to implement sustainable corrective actions. The Commission will monitor closely in cooperation with ICAO any developments in the civil aviation in the Republic of Congo and is willing to engage in technical assistance with a view to enhance the administrative and technical capability of authority with oversight responsibility in this country.

| (43) | However, the competent authorities of the Republic of Congo have not demonstrated a sufficient ability to implement the relevant safety standards. In view of the above, and pending the sustainable resolution of the non compliances with international standards, including the significant safety concern, on the basis of the common criteria, it is assessed that all air carriers certified in the Republic of Congo should be subject to an operating ban and included in Annex A. |
| --- | --- |

(43)

However, the competent authorities of the Republic of Congo have not demonstrated a sufficient ability to implement the relevant safety standards. In view of the above, and pending the sustainable resolution of the non compliances with international standards, including the significant safety concern, on the basis of the common criteria, it is assessed that all air carriers certified in the Republic of Congo should be subject to an operating ban and included in Annex A.

Air carriers from Sao Tome and Principe

Air carriers from Sao Tome and Principe

| (44) | There is verified evidence of serious safety deficiencies on the part of Executive Jet Services certified in Sao Tome and Principe. These deficiencies have been identified by Belgium and France during ramp inspections performed under the SAFA programme (8). Executive Jet Services did not respond adequately and have not demonstrated that these deficiencies have been successfully rectified in a sustainable manner. |
| --- | --- |

(44)

There is verified evidence of serious safety deficiencies on the part of Executive Jet Services certified in Sao Tome and Principe. These deficiencies have been identified by Belgium and France during ramp inspections performed under the SAFA programme (8). Executive Jet Services did not respond adequately and have not demonstrated that these deficiencies have been successfully rectified in a sustainable manner.

8

| (45) | There is verified evidence of serious safety deficiencies on the part of STP Airways certified in Sao Tome and Principe. These deficiencies have been identified by France and the United Kingdom during ramp inspections performed under the SAFA programme (9). STP Airways however responded adequately and in a timely fashion to the enquiry by the civil aviation authority of France regarding the safety aspect of its operations. |
| --- | --- |

(45)

There is verified evidence of serious safety deficiencies on the part of STP Airways certified in Sao Tome and Principe. These deficiencies have been identified by France and the United Kingdom during ramp inspections performed under the SAFA programme (9). STP Airways however responded adequately and in a timely fashion to the enquiry by the civil aviation authority of France regarding the safety aspect of its operations.

9

| (46) | There is evidence that some air carriers currently subject to an operating ban within the European Community have been relocating part of their activity in São Tomé and Príncipe. |
| --- | --- |

(46)

There is evidence that some air carriers currently subject to an operating ban within the European Community have been relocating part of their activity in São Tomé and Príncipe.

| (47) | In particular, there is verified evidence showing that the air carrier Hewa Bora Airways, certified in the Democratic Republic of Congo and currently subject to an operating ban within the Community, continues to use, under a lease-back agreement, the aircraft of type Boeing 767 with serial number 23178, deregistered from the Democratic Republic of Congo and registered in São Tomé and Príncipe under registration mark S9-TOP (10). |
| --- | --- |

(47)

In particular, there is verified evidence showing that the air carrier Hewa Bora Airways, certified in the Democratic Republic of Congo and currently subject to an operating ban within the Community, continues to use, under a lease-back agreement, the aircraft of type Boeing 767 with serial number 23178, deregistered from the Democratic Republic of Congo and registered in São Tomé and Príncipe under registration mark S9-TOP (10).

10

| (48) | Further, the air carrier Africa’s Connection uses the aircraft of type Dornier 228 with serial number 8068 registered in São Tomé and Príncipe under registration mark S9-RAS, an aircraft previously registered in Gabon and operated by SCD Aviation certified in Gabon, currently subject to an operating ban within the Community. |
| --- | --- |

(48)

Further, the air carrier Africa’s Connection uses the aircraft of type Dornier 228 with serial number 8068 registered in São Tomé and Príncipe under registration mark S9-RAS, an aircraft previously registered in Gabon and operated by SCD Aviation certified in Gabon, currently subject to an operating ban within the Community.

| (49) | In addition, there is verified evidence that the air carrier British Gulf International certified in Sao Tome is the same carrier British Gulf International which was previously certified in Kyrgyzstan and subject to an operating ban in October 2006 (11). British Gulf International also continues to use aircraft of type Antonov 12 and serial number 401901. One aircraft of this type operated by the air carrier had an accident in Al Habniaya (Iraq) on 13 November 2008, which resulted in the total loss of the aircraft and six fatalities. |
| --- | --- |

(49)

In addition, there is verified evidence that the air carrier British Gulf International certified in Sao Tome is the same carrier British Gulf International which was previously certified in Kyrgyzstan and subject to an operating ban in October 2006 (11). British Gulf International also continues to use aircraft of type Antonov 12 and serial number 401901. One aircraft of this type operated by the air carrier had an accident in Al Habniaya (Iraq) on 13 November 2008, which resulted in the total loss of the aircraft and six fatalities.

11

| (50) | The Commission, having regard to the above mentioned situation, has entered into consultation with the competent authorities of Sao Tome and Principe, expressing serious concerns about the safety of the operations of Executive Jet Services, STP Airways, as well as about the relocation to the register of Sao Tome of aircraft used by air carriers currently subject to an operating ban within the Community and asking for clarification regarding the actions undertaken by the competent authorities to respond to these concerns. |
| --- | --- |

(50)

The Commission, having regard to the above mentioned situation, has entered into consultation with the competent authorities of Sao Tome and Principe, expressing serious concerns about the safety of the operations of Executive Jet Services, STP Airways, as well as about the relocation to the register of Sao Tome of aircraft used by air carriers currently subject to an operating ban within the Community and asking for clarification regarding the actions undertaken by the competent authorities to respond to these concerns.

| (51) | The competent authorities of Sao Tome (INAC) informed the Commission that, in the process of re-certification of Executive Jet Services, they decided on 26 October 2009 to provisionally suspend the operations of aircraft of type Boeing 767 with serial number 23178 and registration mark S9-TOP operated by this carrier. |
| --- | --- |

(51)

The competent authorities of Sao Tome (INAC) informed the Commission that, in the process of re-certification of Executive Jet Services, they decided on 26 October 2009 to provisionally suspend the operations of aircraft of type Boeing 767 with serial number 23178 and registration mark S9-TOP operated by this carrier.

| (52) | The air carrier Executive Jet Services airways requested to make presentations to the Air Safety Committee and reported on the actions undertaken in order to address the deficiencies detected in the SAFA programme. |
| --- | --- |

(52)

The air carrier Executive Jet Services airways requested to make presentations to the Air Safety Committee and reported on the actions undertaken in order to address the deficiencies detected in the SAFA programme.

| (53) | INAC informed the Commission that, in the process of re-certification of STP Airways, they decided to suspend on 26 October the operations of two aircraft of type Boeing 767 with serial number 25411 (registration mark unknown) and 26208 (registration mark S9-DBY), which were subsequently deregistered. INAC reported that although STP Airways holds a valid AOC, there are currently no aircraft on this certificate. |
| --- | --- |

(53)

INAC informed the Commission that, in the process of re-certification of STP Airways, they decided to suspend on 26 October the operations of two aircraft of type Boeing 767 with serial number 25411 (registration mark unknown) and 26208 (registration mark S9-DBY), which were subsequently deregistered. INAC reported that although STP Airways holds a valid AOC, there are currently no aircraft on this certificate.

| (54) | The air carrier STP Airways requested to make presentations to the Air Safety Committee and reported on the actions undertaken in order to address the deficiencies detected in the SAFA programme. It confirmed that no aircraft are operated anymore and that it intends to request the suspension of its AOC. |
| --- | --- |

(54)

The air carrier STP Airways requested to make presentations to the Air Safety Committee and reported on the actions undertaken in order to address the deficiencies detected in the SAFA programme. It confirmed that no aircraft are operated anymore and that it intends to request the suspension of its AOC.

| (55) | INAC informed that they have issued 13 AOCs, 3 of which were presented as suspended or revoked. However, INAC failed to provide evidence of suspension or revocation of the air carriers Sky Wind, Styron Trading and Jet Line. |
| --- | --- |

(55)

INAC informed that they have issued 13 AOCs, 3 of which were presented as suspended or revoked. However, INAC failed to provide evidence of suspension or revocation of the air carriers Sky Wind, Styron Trading and Jet Line.

| (56) | The documentation submitted by INAC shows that more than half of the air carriers holding valid AOCs issued by these authorities have their principal place of business outside Sao Tome and Principe. In particular, British Gulf International Company Ltd, Global Aviation Operation, Goliaf Air, Transafrik International Ltd, Transcargo and Transliz Aviation do not have their principal place of business in Sao Tome, as evidenced by their response to an enquiry by the Commission as well as the addresses mentioned on their respective AOCs. |
| --- | --- |

(56)

The documentation submitted by INAC shows that more than half of the air carriers holding valid AOCs issued by these authorities have their principal place of business outside Sao Tome and Principe. In particular, British Gulf International Company Ltd, Global Aviation Operation, Goliaf Air, Transafrik International Ltd, Transcargo and Transliz Aviation do not have their principal place of business in Sao Tome, as evidenced by their response to an enquiry by the Commission as well as the addresses mentioned on their respective AOCs.

| (57) | INAC did not demonstrate that it discharges its obligations regarding the safety oversight of the air carriers certified in Sao Tome and Principe in conformity with international safety requirements, given that a substantial part of these carriers are not operating in Sao Tome on a regular basis and that INAC stated that it relies partly on the oversight of the competent authorities of the States in which the operations are actually conducted. However, INAC failed to produce adequate agreements with these authorities. |
| --- | --- |

(57)

INAC did not demonstrate that it discharges its obligations regarding the safety oversight of the air carriers certified in Sao Tome and Principe in conformity with international safety requirements, given that a substantial part of these carriers are not operating in Sao Tome on a regular basis and that INAC stated that it relies partly on the oversight of the competent authorities of the States in which the operations are actually conducted. However, INAC failed to produce adequate agreements with these authorities.

| (58) | In addition, an analysis of the AOC issued by the competent authorities of Sao Tome and Principe revealed substantial inconsistencies with regard to the approval of continuing airworthiness of the fleets operated, the approval for transport of dangerous goods and the authorisation for low visibility operations, which could not be clarified in the course of the consultations. |
| --- | --- |

(58)

In addition, an analysis of the AOC issued by the competent authorities of Sao Tome and Principe revealed substantial inconsistencies with regard to the approval of continuing airworthiness of the fleets operated, the approval for transport of dangerous goods and the authorisation for low visibility operations, which could not be clarified in the course of the consultations.

| (59) | There is evidence of a high rate of accidents affecting air carriers certified in Sao Tome and Principe. INAC confirmed that four fatal accidents affected aircraft of type Antonov 12, Ilyushin 76 and DHC 6 operated by air carriers registered in Sao Tome and Principe. In response to this situation, INAC indicated that it decided on 21 February 2009 to suspend all operations of aircraft of type Antonov 12 registered in Sao Tome and Principe. However, INAC confirmed that aircraft of this type are still operated by the air carriers British Gulf International, Transliz Aviation and Goliaf Air certified in Sao Tome and Principe. |
| --- | --- |

(59)

There is evidence of a high rate of accidents affecting air carriers certified in Sao Tome and Principe. INAC confirmed that four fatal accidents affected aircraft of type Antonov 12, Ilyushin 76 and DHC 6 operated by air carriers registered in Sao Tome and Principe. In response to this situation, INAC indicated that it decided on 21 February 2009 to suspend all operations of aircraft of type Antonov 12 registered in Sao Tome and Principe. However, INAC confirmed that aircraft of this type are still operated by the air carriers British Gulf International, Transliz Aviation and Goliaf Air certified in Sao Tome and Principe.

| (60) | There is evidence of lack of willingness of the competent authorities of Sao Tome and Principe to show compliance with international safety standards, as demonstrated by the fact that Sao Tome and Principe has continuously postponed its audit by ICAO in the framework of the Universal Safety Oversight Audit Programme (USOAP). The ICAO audit scheduled in May 2007 and April 2008 could not be carried out to these dates. |
| --- | --- |

(60)

There is evidence of lack of willingness of the competent authorities of Sao Tome and Principe to show compliance with international safety standards, as demonstrated by the fact that Sao Tome and Principe has continuously postponed its audit by ICAO in the framework of the Universal Safety Oversight Audit Programme (USOAP). The ICAO audit scheduled in May 2007 and April 2008 could not be carried out to these dates.

| (61) | In view of this, on the basis of the common criteria, it is assessed that the air carriers certified in Sao Tome and Principe do not meet the relevant safety standards and should therefore be included in Annex A. |
| --- | --- |

(61)

In view of this, on the basis of the common criteria, it is assessed that the air carriers certified in Sao Tome and Principe do not meet the relevant safety standards and should therefore be included in Annex A.

Air carriers from Ukraine

Air carriers from Ukraine

Ukraine Cargo Airways

Ukraine Cargo Airways

| (62) | The competent authorities of Ukraine informed the Commission on 22 September of their decision No 574 of 17 August 2009 that operations under AOC Nr. 145 of 20 November 2008 held by Ukraine Cargo Airways were terminated with effect from the day of the decision. During their presentation on 11 November 2009 before the Air Safety Committee the competent authorities of Ukraine confirmed that ‘the company Ukraine Cargo Airways is not included among the registered airlines of Ukraine’. |
| --- | --- |

(62)

The competent authorities of Ukraine informed the Commission on 22 September of their decision No 574 of 17 August 2009 that operations under AOC Nr. 145 of 20 November 2008 held by Ukraine Cargo Airways were terminated with effect from the day of the decision. During their presentation on 11 November 2009 before the Air Safety Committee the competent authorities of Ukraine confirmed that ‘the company Ukraine Cargo Airways is not included among the registered airlines of Ukraine’.

o

| (63) | Therefore, on the basis of the common criteria, Ukraine Cargo Airways should be removed from Annex A. |
| --- | --- |

(63)

Therefore, on the basis of the common criteria, Ukraine Cargo Airways should be removed from Annex A.

Volare

Volare

| (64) | The competent authorities of Ukraine informed the Commission on 31 July 2009 of their decision No357 dated 25 May 2009 to revoke with immediate effect the AOC of the Ukrainian air carrier Volare. |
| --- | --- |

(64)

The competent authorities of Ukraine informed the Commission on 31 July 2009 of their decision No357 dated 25 May 2009 to revoke with immediate effect the AOC of the Ukrainian air carrier Volare.

o

| (65) | Therefore, on the basis of the common criteria, the air carrier Volare should be removed from Annex A. |
| --- | --- |

(65)

Therefore, on the basis of the common criteria, the air carrier Volare should be removed from Annex A.

Motor Sich

Motor Sich

| (66) | Following the adoption of Regulation No 619/2009, a team of EC experts, led by the European Aviation Safety Agency, visited the Ukrainian air carrier Motor Sich (MSI) on 27 October 2009 to verify the status of implementation of corrective actions and the effective closure of safety deficiencies previously detected with a view to resolving in a sustainable manner these deficiencies. |
| --- | --- |

(66)

Following the adoption of Regulation No 619/2009, a team of EC experts, led by the European Aviation Safety Agency, visited the Ukrainian air carrier Motor Sich (MSI) on 27 October 2009 to verify the status of implementation of corrective actions and the effective closure of safety deficiencies previously detected with a view to resolving in a sustainable manner these deficiencies.

o

| (67) | The report of the visit of the team stated that MSI demonstrated that they have performed root-cause analysis of findings identified during SAFA inspections. It appeared that the root cause analysis as well as the corrective action plans derived thereof are appropriately addressing the findings. During the visit, MSI declared that SAFA findings previously raised on their fleet of aircraft have all been addressed and rectified, including Enhanced Ground Proximity Warning Systems (EGPWS), flight deck seat harnesses, cargo restraint nets. It was furthermore declared that take-off performance calculation charts for all aircraft types and all runways in use have been established. The team led by the European Aviation Safety Agency is satisfied following physical inspection and/or document review, that: a) Flight deck seat harness retrofit on aircraft of types AN-12, AN-72 and YAK-40; b) Flight deck retrofit with quick donning masks on AN-12 (installation was ongoing on aircraft UR-11316 at the time of visit and reviewed by the team); c) Installation of EGPWS on the aircraft of types AN-12 and AN-140; d) Take-off performance charts for all runways currently being used for aircraft of types AN-12 and YAK-40. During their presentation before the Air Safety Committee the competent authorities of Ukraine confirmed that the carrier has the capability to apply the quality management system and undertook to inform the Commission of the results of the verification to be conducted on this matter. |
| --- | --- |

(67)

The report of the visit of the team stated that MSI demonstrated that they have performed root-cause analysis of findings identified during SAFA inspections. It appeared that the root cause analysis as well as the corrective action plans derived thereof are appropriately addressing the findings. During the visit, MSI declared that SAFA findings previously raised on their fleet of aircraft have all been addressed and rectified, including Enhanced Ground Proximity Warning Systems (EGPWS), flight deck seat harnesses, cargo restraint nets. It was furthermore declared that take-off performance calculation charts for all aircraft types and all runways in use have been established. The team led by the European Aviation Safety Agency is satisfied following physical inspection and/or document review, that: a) Flight deck seat harness retrofit on aircraft of types AN-12, AN-72 and YAK-40; b) Flight deck retrofit with quick donning masks on AN-12 (installation was ongoing on aircraft UR-11316 at the time of visit and reviewed by the team); c) Installation of EGPWS on the aircraft of types AN-12 and AN-140; d) Take-off performance charts for all runways currently being used for aircraft of types AN-12 and YAK-40. During their presentation before the Air Safety Committee the competent authorities of Ukraine confirmed that the carrier has the capability to apply the quality management system and undertook to inform the Commission of the results of the verification to be conducted on this matter.

| (68) | With regard to flight operations, during the visit the team sampled in particular Minimum Equipment Lists (MEL), Operations Manuals, flight time limitations scheme, operations control and flight dispatch documents and procedures, sampling of returned and completed flight folders. No discrepancies to ICAO Standards were observed. Also, during the visit MSI demonstrated to the team that it performs analysis of recorded flight data for all flights performed on all aircraft operated. |
| --- | --- |

(68)

With regard to flight operations, during the visit the team sampled in particular Minimum Equipment Lists (MEL), Operations Manuals, flight time limitations scheme, operations control and flight dispatch documents and procedures, sampling of returned and completed flight folders. No discrepancies to ICAO Standards were observed. Also, during the visit MSI demonstrated to the team that it performs analysis of recorded flight data for all flights performed on all aircraft operated.

| (69) | The air carrier requested to be heard by the Air Safety Committee and made presentations on 11 November 2009 where it submitted written information to support the corrective actions implemented to resolve the previously detected safety deficiencies. |
| --- | --- |

(69)

The air carrier requested to be heard by the Air Safety Committee and made presentations on 11 November 2009 where it submitted written information to support the corrective actions implemented to resolve the previously detected safety deficiencies.

| (70) | Following the presentations made on 11 November 2009 by the competent authorities of Ukraine and the air carrier, the Air Safety Committee requested that the State Aviation Administration provides the following documentation in order to be able to determine whether the removal of Motor Sich at this stage is warranted: a) the verification audit of the air carrier's quality management system; b) confirmation that all aircraft of Motor Sich conducting international flights are equipped in conformity with ICAO standards, in particular: i) flight deck seat harness on aircraft of types AN-12, AN-72 and YAK-40; ii) flight deck quick donning masks on AN-12; iii) EGPWS on the aircraft of types AN-12 and AN-140; c) Confirmation that take-off performance data for all runways currently being used for aircraft of types AN-12 and YAK-40 by Motor Sich is available in the carrier's operations manual; d) evidence of satisfactory resolution of the 38 findings raised during 2009 by the State Aviation Administration of Ukraine during its oversight activities on the carrier. The competent authorities of Ukraine submitted this information on 16 November. |
| --- | --- |

(70)

Following the presentations made on 11 November 2009 by the competent authorities of Ukraine and the air carrier, the Air Safety Committee requested that the State Aviation Administration provides the following documentation in order to be able to determine whether the removal of Motor Sich at this stage is warranted: a) the verification audit of the air carrier's quality management system; b) confirmation that all aircraft of Motor Sich conducting international flights are equipped in conformity with ICAO standards, in particular: i) flight deck seat harness on aircraft of types AN-12, AN-72 and YAK-40; ii) flight deck quick donning masks on AN-12; iii) EGPWS on the aircraft of types AN-12 and AN-140; c) Confirmation that take-off performance data for all runways currently being used for aircraft of types AN-12 and YAK-40 by Motor Sich is available in the carrier's operations manual; d) evidence of satisfactory resolution of the 38 findings raised during 2009 by the State Aviation Administration of Ukraine during its oversight activities on the carrier. The competent authorities of Ukraine submitted this information on 16 November.

| (71) | Following receipt of the requested information from the competent authorities of Ukraine, on the basis of the common criteria, it is assessed that Motor Sich should be removed from Annex A. |
| --- | --- |

(71)

Following receipt of the requested information from the competent authorities of Ukraine, on the basis of the common criteria, it is assessed that Motor Sich should be removed from Annex A.

UMAir

UMAir

| (72) | Following the adoption of Regulation (EC) No 619/2009, a team of EC experts visited the Ukrainian air carrier UMAir on 28 October 2009 to verify the status of implementation of corrective actions and the effective closure of safety deficiencies previously detected with a view to resolving in a sustainable manner these deficiencies. |
| --- | --- |

(72)

Following the adoption of Regulation (EC) No 619/2009, a team of EC experts visited the Ukrainian air carrier UMAir on 28 October 2009 to verify the status of implementation of corrective actions and the effective closure of safety deficiencies previously detected with a view to resolving in a sustainable manner these deficiencies.

| (73) | During the visit, the team was presented with an updated corrective action plan which indicated that their quality manager had completed a review of the corrective actions they had implemented. However, verification of the status of findings raised by a team of EC experts during a visit to this air carrier on 28 May 2009, showed that whilst significant efforts had been undertaken since that visit to appropriately address findings raised, certain findings affecting flight safety (flight data monitoring on DC-9 aircraft) and continuing airworthiness, maintenance and engineering (engine condition monitoring programme has yet to be used for DC-9 and MD-80 aircraft) could not yet be considered as closed. Also, with regard to flight operations, a new finding was raised due to a discrepancy observed in the approved Minimum Equipment List (MEL) of the aircraft of type DC-9. |
| --- | --- |

(73)

During the visit, the team was presented with an updated corrective action plan which indicated that their quality manager had completed a review of the corrective actions they had implemented. However, verification of the status of findings raised by a team of EC experts during a visit to this air carrier on 28 May 2009, showed that whilst significant efforts had been undertaken since that visit to appropriately address findings raised, certain findings affecting flight safety (flight data monitoring on DC-9 aircraft) and continuing airworthiness, maintenance and engineering (engine condition monitoring programme has yet to be used for DC-9 and MD-80 aircraft) could not yet be considered as closed. Also, with regard to flight operations, a new finding was raised due to a discrepancy observed in the approved Minimum Equipment List (MEL) of the aircraft of type DC-9.

| (74) | During the meeting of the Air Safety Committee on 11 November 2009, UMAir stated that they had requested that their AOC be restricted to exclude flights into the Community with DC-9 aircraft. The competent authorities of Ukraine issued a new AOC excluding flights into the EU with this type of aircraft on 11 November 2009. |
| --- | --- |

(74)

During the meeting of the Air Safety Committee on 11 November 2009, UMAir stated that they had requested that their AOC be restricted to exclude flights into the Community with DC-9 aircraft. The competent authorities of Ukraine issued a new AOC excluding flights into the EU with this type of aircraft on 11 November 2009.

| (75) | The improvements achieved by UMAir in the period since the visit of EC experts in May 2009 as well as of the limitations imposed on the AOC of the air carrier are noted. Given the significant efforts undertaken by the air carrier to ensure safety of operations in compliance with international standards, it should be allowed to resume its operations into the Community with a part of its fleet. |
| --- | --- |

(75)

The improvements achieved by UMAir in the period since the visit of EC experts in May 2009 as well as of the limitations imposed on the AOC of the air carrier are noted. Given the significant efforts undertaken by the air carrier to ensure safety of operations in compliance with international standards, it should be allowed to resume its operations into the Community with a part of its fleet.

| (76) | Therefore, on the basis of the common criteria, UMAir should be transferred from Annex A to Annex B and should thus be allowed to resume operations into the Community with the aircraft of type MD-83, registration mark UR-CFF. |
| --- | --- |

(76)

Therefore, on the basis of the common criteria, UMAir should be transferred from Annex A to Annex B and should thus be allowed to resume operations into the Community with the aircraft of type MD-83, registration mark UR-CFF.

Overall safety oversight of air carriers from Ukraine

Overall safety oversight of air carriers from Ukraine

| (77) | As provided for in Regulation (EC) No 619/2009, the Commission has continued to monitor closely the implementation of the various measures presented by the competent authorities of Ukraine at the Air Safety Committee on 1 July 2009. To that end a visit of EC experts was carried out to the State Aviation Administration of Ukraine from 26 to 29 October. The objective of this visit was to verify the status of implementation of corrective actions proposed to close the findings raised in the report of the visit of EC experts carried out between 25 and 29 May 2009 as well as of those presented in the corrective action plan presented by the State Aviation Administration of Ukraine on 23 June to enhance the safety oversight of air carriers under its regulatory control. |
| --- | --- |

(77)

As provided for in Regulation (EC) No 619/2009, the Commission has continued to monitor closely the implementation of the various measures presented by the competent authorities of Ukraine at the Air Safety Committee on 1 July 2009. To that end a visit of EC experts was carried out to the State Aviation Administration of Ukraine from 26 to 29 October. The objective of this visit was to verify the status of implementation of corrective actions proposed to close the findings raised in the report of the visit of EC experts carried out between 25 and 29 May 2009 as well as of those presented in the corrective action plan presented by the State Aviation Administration of Ukraine on 23 June to enhance the safety oversight of air carriers under its regulatory control.

| (78) | The report of the visit indicates that 14 of 33 findings raised during the visit carried out in May 2009 can be considered as closed on the basis of evidence provided by the competent authorities of Ukraine during the visit. 19 findings remain open. |
| --- | --- |

(78)

The report of the visit indicates that 14 of 33 findings raised during the visit carried out in May 2009 can be considered as closed on the basis of evidence provided by the competent authorities of Ukraine during the visit. 19 findings remain open.

| (79) | The improvements achieved by the competent authorities in the period since the visit carried out in May 2009 and in particular of the increase in oversight activities on Ukrainian air carriers as well as the removal of a significant number of aircraft from the Ukrainian register (more than 800 aircraft out of 1 600 aircraft in 2008) are noted. The authorities are invited to further intensify their efforts with a view to strengthen their safety oversight. |
| --- | --- |

(79)

The improvements achieved by the competent authorities in the period since the visit carried out in May 2009 and in particular of the increase in oversight activities on Ukrainian air carriers as well as the removal of a significant number of aircraft from the Ukrainian register (more than 800 aircraft out of 1 600 aircraft in 2008) are noted. The authorities are invited to further intensify their efforts with a view to strengthen their safety oversight.

Ariana Afghan Airlines

Ariana Afghan Airlines

| (80) | On the basis of documentation submitted by the carrier the Commission noted that Ariana Afghan Airlines had undergone a change in management, had recruited external experts to assist the carrier in redrafting its policies, procedures and manuals, and had acquired two Airbus A310 aircraft and were being supported in their operation by Turkish Technic. It also noted the carrier's intention to be subject to an audit by the International Air Transport Association. |
| --- | --- |

(80)

On the basis of documentation submitted by the carrier the Commission noted that Ariana Afghan Airlines had undergone a change in management, had recruited external experts to assist the carrier in redrafting its policies, procedures and manuals, and had acquired two Airbus A310 aircraft and were being supported in their operation by Turkish Technic. It also noted the carrier's intention to be subject to an audit by the International Air Transport Association.

| (81) | The Afghan Ministry of Transport and Civil Aviation (MoTCA) has written outlining the progress made by both the MoTCA and Ariana towards meeting International Standards. They confirmed Ariana Afghan Airlines had undergone significant changes in aircraft equipment, management and documentation, but confirmed they had yet to conduct an audit of the operator, although one was planned to be completed by the end of 2009. Thus MoTCA are not yet in a position to confirm that Ariana Afghan Airlines are compliant with ICAO Standards and have an effective system in place for the management of safety. Although MoTCA stated that various oversight activities (e.g. flight and base inspections) had taken place this year, they did not provide any evidence of the results of these inspections. |
| --- | --- |

(81)

The Afghan Ministry of Transport and Civil Aviation (MoTCA) has written outlining the progress made by both the MoTCA and Ariana towards meeting International Standards. They confirmed Ariana Afghan Airlines had undergone significant changes in aircraft equipment, management and documentation, but confirmed they had yet to conduct an audit of the operator, although one was planned to be completed by the end of 2009. Thus MoTCA are not yet in a position to confirm that Ariana Afghan Airlines are compliant with ICAO Standards and have an effective system in place for the management of safety. Although MoTCA stated that various oversight activities (e.g. flight and base inspections) had taken place this year, they did not provide any evidence of the results of these inspections.

| (82) | The Commission notes the progress being made by Ariana Afghan Airlines towards compliance with international safety standards. However, pending the provision of additional evidence that the air carrier has addressed the root causes of previously identified safety deficiencies, it is assessed, on the basis of the common criteria, that the air carrier should remain in Annex A. |
| --- | --- |

(82)

The Commission notes the progress being made by Ariana Afghan Airlines towards compliance with international safety standards. However, pending the provision of additional evidence that the air carrier has addressed the root causes of previously identified safety deficiencies, it is assessed, on the basis of the common criteria, that the air carrier should remain in Annex A.

Air carriers from Angola

Air carriers from Angola

TAAG Angolan Airlines

TAAG Angolan Airlines

| (83) | TAAG Angolan Airlines was allowed since July 2009 to operate in Portugal only with the aircraft of type Boeing 777-200 with registration marks D2-TED, D2-TEE, D2-TEF under the conditions presented in the recital (58) and (59) of Regulation (EC) No 619/2009 (12). |
| --- | --- |

(83)

TAAG Angolan Airlines was allowed since July 2009 to operate in Portugal only with the aircraft of type Boeing 777-200 with registration marks D2-TED, D2-TEE, D2-TEF under the conditions presented in the recital (58) and (59) of Regulation (EC) No 619/2009 (12).

12

| (84) | The Commission requested the competent authorities of Angola (INAVIC) to provide information about the oversight of the air carrier TAAG Angolan Airlines, in particular in respect of the increased oversight of the flights to Portugal and on their results. |
| --- | --- |

(84)

The Commission requested the competent authorities of Angola (INAVIC) to provide information about the oversight of the air carrier TAAG Angolan Airlines, in particular in respect of the increased oversight of the flights to Portugal and on their results.

| (85) | INAVIC informed the Commission that it has strengthened the continuing oversight of TAAG Angolan Airlines, in particular via ramp inspections, and that the results of these ramp checks do not reveal safety or repetitive deficiencies. |
| --- | --- |

(85)

INAVIC informed the Commission that it has strengthened the continuing oversight of TAAG Angolan Airlines, in particular via ramp inspections, and that the results of these ramp checks do not reveal safety or repetitive deficiencies.

| (86) | TAAG Angolan Airlines requested to be heard by the Commission and the Air Safety Committee and made presentations on 10 November 2009, with a view to provide information on the progress of its action plan and on the safety performance of its operations to Lisbon. It was noted that more than 100 flights with aircraft of type Boeing 777 have been conducted to Lisbon without safety concern and that TAAG was certified on 23 October 2009 by INAVIC to conducting ETOPS 120 min operations for the Boeing 777. The air carrier also requested to have its B737-700 fleet benefit from the same provisions as the B777 fleet. |
| --- | --- |

(86)

TAAG Angolan Airlines requested to be heard by the Commission and the Air Safety Committee and made presentations on 10 November 2009, with a view to provide information on the progress of its action plan and on the safety performance of its operations to Lisbon. It was noted that more than 100 flights with aircraft of type Boeing 777 have been conducted to Lisbon without safety concern and that TAAG was certified on 23 October 2009 by INAVIC to conducting ETOPS 120 min operations for the Boeing 777. The air carrier also requested to have its B737-700 fleet benefit from the same provisions as the B777 fleet.

| (87) | The competent authorities of Portugal confirmed that the results of the ramp inspections of TAAG Angolan Airlines it had carried out since the operations to Lisbon have resumed do not reveal safety or repetitive deficiencies. |
| --- | --- |

(87)

The competent authorities of Portugal confirmed that the results of the ramp inspections of TAAG Angolan Airlines it had carried out since the operations to Lisbon have resumed do not reveal safety or repetitive deficiencies.

| (88) | Consequently, on the basis of the common criteria, it is assessed that TAAG should be maintained in Annex B under the condition that the carrier carries out no more than ten flights per week with the aircraft of type Boeing B-777 with registration marks D2-TED, D2-TEE and D2-TEF or with aircraft of type Boeing B-737-700 with registration marks D2-TBF, D2-TBG, D2-TBH and D2-TBJ from Luanda to Lisbon. These flights are to be operated only after the Angolan authorities have carried out ramp checks of the aircraft before each flight departing Angola and the Portuguese authorities have conducted ramp checks of aircraft in Portugal. This is a temporary measure and the Commission will review the situation on the basis of all available information and in particular of an evaluation from the competent authorities of Portugal. |
| --- | --- |

(88)

Consequently, on the basis of the common criteria, it is assessed that TAAG should be maintained in Annex B under the condition that the carrier carries out no more than ten flights per week with the aircraft of type Boeing B-777 with registration marks D2-TED, D2-TEE and D2-TEF or with aircraft of type Boeing B-737-700 with registration marks D2-TBF, D2-TBG, D2-TBH and D2-TBJ from Luanda to Lisbon. These flights are to be operated only after the Angolan authorities have carried out ramp checks of the aircraft before each flight departing Angola and the Portuguese authorities have conducted ramp checks of aircraft in Portugal. This is a temporary measure and the Commission will review the situation on the basis of all available information and in particular of an evaluation from the competent authorities of Portugal.

Overall safety oversight of air carriers from Angola

Overall safety oversight of air carriers from Angola

| (89) | INAVIC reported significant progress in the resolution of the findings remaining after the last EU safety assessment visit made from 8 to 11 June 2009. In particular, it has further updated the specific operating regulations in line with ICAO requirements, continued to recruit qualified personnel, notably flight operations inspectors qualified on aircraft of type Boeing 737-700, leading to an overall increase in the surveillance activities by 30%. |
| --- | --- |

(89)

INAVIC reported significant progress in the resolution of the findings remaining after the last EU safety assessment visit made from 8 to 11 June 2009. In particular, it has further updated the specific operating regulations in line with ICAO requirements, continued to recruit qualified personnel, notably flight operations inspectors qualified on aircraft of type Boeing 737-700, leading to an overall increase in the surveillance activities by 30%.

| (90) | INAVIC reported progress in the recertification of Angolan air carriers, a process that is expected to be completed by end 2010, however apart from TAAG Angolan Airlines no air carrier has been recertified yet. |
| --- | --- |

(90)

INAVIC reported progress in the recertification of Angolan air carriers, a process that is expected to be completed by end 2010, however apart from TAAG Angolan Airlines no air carrier has been recertified yet.

| (91) | The Commission encourages INAVIC to continue the recertification of the Angolan air carriers with determination and due consideration to potential safety concerns identified in this framework. Pending the recertification of Aerojet, Air26, Air Gemini, Air Gicango, Air Jet, Air Nave, Alada, Angola Air Services, Diexim, Gira Globo, Heliang, Helimalongo, Mavewa, Pha, Rui & Conceicao, Sal, Servisair and Sonair in full compliance with the new Angolan Aviation Safety Regulations, on the basis of the common criteria, it is assessed that these 18 air carriers should remain in Annex A. |
| --- | --- |

(91)

The Commission encourages INAVIC to continue the recertification of the Angolan air carriers with determination and due consideration to potential safety concerns identified in this framework. Pending the recertification of Aerojet, Air26, Air Gemini, Air Gicango, Air Jet, Air Nave, Alada, Angola Air Services, Diexim, Gira Globo, Heliang, Helimalongo, Mavewa, Pha, Rui & Conceicao, Sal, Servisair and Sonair in full compliance with the new Angolan Aviation Safety Regulations, on the basis of the common criteria, it is assessed that these 18 air carriers should remain in Annex A.

Air carriers from Kazakhstan

Air carriers from Kazakhstan

Berkut State Aircompany

Berkut State Aircompany

| (92) | Berkut State Aircompany informed the Commission that it removed one aircraft of type IL-76 and one aircraft of type AN-12 from its fleet and that it decided in August 2009 to restrict its operations to state flights only. |
| --- | --- |

(92)

Berkut State Aircompany informed the Commission that it removed one aircraft of type IL-76 and one aircraft of type AN-12 from its fleet and that it decided in August 2009 to restrict its operations to state flights only.

| (93) | The competent authorities of Kazakhstan confirmed this situation and provided evidence that they issued an ‘Operations Certificate’ to Berkut State Aircompany on 30 October 2009 which excludes commercial flights. |
| --- | --- |

(93)

The competent authorities of Kazakhstan confirmed this situation and provided evidence that they issued an ‘Operations Certificate’ to Berkut State Aircompany on 30 October 2009 which excludes commercial flights.

| (94) | In view of this, on the basis of the common criteria, it is assessed that Berkut State Aircompany should be removed from Annex A. |
| --- | --- |

(94)

In view of this, on the basis of the common criteria, it is assessed that Berkut State Aircompany should be removed from Annex A.

Prime Aviation

Prime Aviation

| (95) | The carrier Prime Aviation certified in Kazakhstan requested to be heard by the Commission and the Air Safety Committee and made presentations on 11 November 2009. It stated that its commercial fleet is limited to one aircraft of type Challenger 604 with registration mark P4-CHV registered outside Kazakhstan (in Aruba). |
| --- | --- |

(95)

The carrier Prime Aviation certified in Kazakhstan requested to be heard by the Commission and the Air Safety Committee and made presentations on 11 November 2009. It stated that its commercial fleet is limited to one aircraft of type Challenger 604 with registration mark P4-CHV registered outside Kazakhstan (in Aruba).

| (96) | The competent authority of Aruba is responsible for the oversight of the aircraft of type Challenger 604 with registration mark P4-CHV in accordance with the provisions of Annexes 1 and 8 to the Chicago Convention and Annex 6 for the continuing airworthiness aspects. They carried out an audit of the carrier Prime Aviation in March 2009 which revealed numerous deficiencies. The documentation submitted by the air carrier to the Air Safety Committee does not contain evidence that all corrective actions have been satisfactorily completed. In relation to ICAO Annex 6 requirements, this audit did not provide the evidence that oversight of operations is effectively carried out. In particular, evidence was not shown that the MEL is adequately approved and the conditions to defer defects remain to be clarified. |
| --- | --- |

(96)

The competent authority of Aruba is responsible for the oversight of the aircraft of type Challenger 604 with registration mark P4-CHV in accordance with the provisions of Annexes 1 and 8 to the Chicago Convention and Annex 6 for the continuing airworthiness aspects. They carried out an audit of the carrier Prime Aviation in March 2009 which revealed numerous deficiencies. The documentation submitted by the air carrier to the Air Safety Committee does not contain evidence that all corrective actions have been satisfactorily completed. In relation to ICAO Annex 6 requirements, this audit did not provide the evidence that oversight of operations is effectively carried out. In particular, evidence was not shown that the MEL is adequately approved and the conditions to defer defects remain to be clarified.

| (97) | In view of this, on the basis of the common criteria, it is assessed that this carrier should remain in Annex A. |
| --- | --- |

(97)

In view of this, on the basis of the common criteria, it is assessed that this carrier should remain in Annex A.

Overall safety oversight of air carriers from Kazakhstan

Overall safety oversight of air carriers from Kazakhstan

| (98) | The competent authorities of Kazakhstan requested to be heard by the Commission and the Air Safety Committee and made presentations on 11 November 2009 with a view to report on the improvements of their safety oversight. |
| --- | --- |

(98)

The competent authorities of Kazakhstan requested to be heard by the Commission and the Air Safety Committee and made presentations on 11 November 2009 with a view to report on the improvements of their safety oversight.

| (99) | They informed the Air Safety Committee of the actions taken to remove the two significant safety concerns, which were submitted to ICAO on 30 October 2009. These actions are being progressively implemented, with a view to complete the actions pertaining to aircraft involved in commercial air transport by October 2010. |
| --- | --- |

(99)

They informed the Air Safety Committee of the actions taken to remove the two significant safety concerns, which were submitted to ICAO on 30 October 2009. These actions are being progressively implemented, with a view to complete the actions pertaining to aircraft involved in commercial air transport by October 2010.

| (100) | Also, the competent authorities of Kazakhstan informed that they initiated a series of enforcement measures, leading to the suspension or the revocation of several Air Operator Certificates. In particular, they suspended the AOCs of the carriers Pankh Center Kazakhstan, Air Flamingo, Arkhabay, Air Company Atyrau Aue Joly and Turgay Avia. They also suspended the certificates of airworthiness of 66 aircraft of type Antonov 2 and removed from the registry of Kazakhstan 13 aircraft, including 10 of type Ilyushin 76, one of type Illyushin 62, one of type Antonov 28 and one of type Antonov 2. |
| --- | --- |

(100)

Also, the competent authorities of Kazakhstan informed that they initiated a series of enforcement measures, leading to the suspension or the revocation of several Air Operator Certificates. In particular, they suspended the AOCs of the carriers Pankh Center Kazakhstan, Air Flamingo, Arkhabay, Air Company Atyrau Aue Joly and Turgay Avia. They also suspended the certificates of airworthiness of 66 aircraft of type Antonov 2 and removed from the registry of Kazakhstan 13 aircraft, including 10 of type Ilyushin 76, one of type Illyushin 62, one of type Antonov 28 and one of type Antonov 2.

| (101) | The competent authorities of Kazakhstan also informed and provided evidence that the AOC of the following ten air carriers certified in Kazakhstan was revoked: Irbis, Aerotur, MAK Air, Excellent Glide, Tulpar Avia Service, Takhmid Air, Starline KZ, Olimp Air, EOL Air (revoked on 1 April 2009), and Sayat Air (revoked on 19 August 2009). Consequently, on the basis of the common criteria, these air carriers should be removed from Annex A. |
| --- | --- |

(101)

The competent authorities of Kazakhstan also informed and provided evidence that the AOC of the following ten air carriers certified in Kazakhstan was revoked: Irbis, Aerotur, MAK Air, Excellent Glide, Tulpar Avia Service, Takhmid Air, Starline KZ, Olimp Air, EOL Air (revoked on 1 April 2009), and Sayat Air (revoked on 19 August 2009). Consequently, on the basis of the common criteria, these air carriers should be removed from Annex A.

| (102) | On the basis of the common criteria, it is assessed that all air carriers licensed in Kazakhstan, except Air Astana, should remain in Annex A. |
| --- | --- |

(102)

On the basis of the common criteria, it is assessed that all air carriers licensed in Kazakhstan, except Air Astana, should remain in Annex A.

| (103) | It is noted that Kazakhstan has undertaken an ambitious reform of its aviation sector, in particular with a view to enhance safety. The on-going revision of the aviation legislation as well as the establishment of the Flight Assessment Centre are welcomed, these will provide for a better regulation of civil aviation in Kazakhstan and should pave the way for significant improvements towards compliance with international safety standards. In that respect, the competent authorities of Kazakhstan are invited to cooperate fully with ICAO to ensure that action plans proposed are acceptable to ICAO and are timely implemented. |
| --- | --- |

(103)

It is noted that Kazakhstan has undertaken an ambitious reform of its aviation sector, in particular with a view to enhance safety. The on-going revision of the aviation legislation as well as the establishment of the Flight Assessment Centre are welcomed, these will provide for a better regulation of civil aviation in Kazakhstan and should pave the way for significant improvements towards compliance with international safety standards. In that respect, the competent authorities of Kazakhstan are invited to cooperate fully with ICAO to ensure that action plans proposed are acceptable to ICAO and are timely implemented.

Air carriers from Kyrgyzstan

Air carriers from Kyrgyzstan

| (104) | The competent authorities of Kyrgyzstan made presentations on 11 November 2009 and reported on their progress in the implementation of their action plan established to remedy the identified safety concerns. In particular, they indicated that the aviation safety legislation was revised, that an independent civil aviation safety agency is being established and that the conditions to be certified as an air carrier have become more stringent. They also stated that a significant part of the AOC was consequently revoked and that the majority of the aircraft had actually been removed from the registry. |
| --- | --- |

(104)

The competent authorities of Kyrgyzstan made presentations on 11 November 2009 and reported on their progress in the implementation of their action plan established to remedy the identified safety concerns. In particular, they indicated that the aviation safety legislation was revised, that an independent civil aviation safety agency is being established and that the conditions to be certified as an air carrier have become more stringent. They also stated that a significant part of the AOC was consequently revoked and that the majority of the aircraft had actually been removed from the registry.

| (105) | The competent authorities of Kyrgyzstan informed that they have issued a new AOC to the air carrier Asian Air. On the basis of the common criteria, it is assessed that Asian Air should be included in Annex A. |
| --- | --- |

(105)

The competent authorities of Kyrgyzstan informed that they have issued a new AOC to the air carrier Asian Air. On the basis of the common criteria, it is assessed that Asian Air should be included in Annex A.

| (106) | It is acknowledged that Kyrgyzstan undertook an ambitious reform of its aviation sector, in particular with a view to enhance safety. The importance of the audit carried out by ICAO in April 2009 as part of the Universal Safety Oversight Audit Programme (USOAP) is underlined. The competent authorities of Kyrgyzstan are invited to cooperate fully with ICAO to ensure that the action plans proposed are acceptable to this organisation and timely implemented. |
| --- | --- |

(106)

It is acknowledged that Kyrgyzstan undertook an ambitious reform of its aviation sector, in particular with a view to enhance safety. The importance of the audit carried out by ICAO in April 2009 as part of the Universal Safety Oversight Audit Programme (USOAP) is underlined. The competent authorities of Kyrgyzstan are invited to cooperate fully with ICAO to ensure that the action plans proposed are acceptable to this organisation and timely implemented.

| (107) | It was decided that the European Aviation Safety Agency shall carry out an inspection of Kyrgyzstan in order to monitor the implementation of the applicable safety requirements by the competent authorities and by the undertakings under its oversight. The inspection will be carried out once the action plan has been agreed with ICAO and implemented. |
| --- | --- |

(107)

It was decided that the European Aviation Safety Agency shall carry out an inspection of Kyrgyzstan in order to monitor the implementation of the applicable safety requirements by the competent authorities and by the undertakings under its oversight. The inspection will be carried out once the action plan has been agreed with ICAO and implemented.

Air carriers from the Russian Federation

Air carriers from the Russian Federation

| (108) | On the basis of verified evidence (13) of major safety deficiencies affecting flight operations detected on the part of the air carrier YAK Service certified by the competent authorities of the Russian Federation, the Commission launched a formal investigation of that air carrier on 15 July 2009. The competent authorities of the Russian Federation informed the Commission on 4 August 2009 that following inspections carried out by these authorities which confirmed these findings, the operations of the air carrier with aircraft of type YAK-42 and YAK-40 had been restricted as per decision of these authorities of 24 July 2009. |
| --- | --- |

(108)

On the basis of verified evidence (13) of major safety deficiencies affecting flight operations detected on the part of the air carrier YAK Service certified by the competent authorities of the Russian Federation, the Commission launched a formal investigation of that air carrier on 15 July 2009. The competent authorities of the Russian Federation informed the Commission on 4 August 2009 that following inspections carried out by these authorities which confirmed these findings, the operations of the air carrier with aircraft of type YAK-42 and YAK-40 had been restricted as per decision of these authorities of 24 July 2009.

13

| (109) | The competent authorities of the Russian Federation informed the Commission on 6 October 2009 that following the implementation of corrective measures by the air carrier they lifted the operating restrictions on its aircraft. The air carrier assisted by its authority was heard by the Commission and a Member State on 30 October. |
| --- | --- |

(109)

The competent authorities of the Russian Federation informed the Commission on 6 October 2009 that following the implementation of corrective measures by the air carrier they lifted the operating restrictions on its aircraft. The air carrier assisted by its authority was heard by the Commission and a Member State on 30 October.

| (110) | The competent authorities of the Russian Federation made presentations to the Air Safety Committee on 11 November, where they explained the various oversight activities and enforcement action they had undertaken to ensure that the air carrier would resolve the previously detected safety deficiencies in a sustainable manner. They furthermore stated that aircraft operated by YAK Services will be regularly ramp checked to ensure compliance with international standards. On the basis of this information the Commission and the members of the Air Safety Committee consider that the safety deficiencies previously identified on the part of YAK Service have been addressed under the responsibility of the competent authorities of the Russian Federation. |
| --- | --- |

(110)

The competent authorities of the Russian Federation made presentations to the Air Safety Committee on 11 November, where they explained the various oversight activities and enforcement action they had undertaken to ensure that the air carrier would resolve the previously detected safety deficiencies in a sustainable manner. They furthermore stated that aircraft operated by YAK Services will be regularly ramp checked to ensure compliance with international standards. On the basis of this information the Commission and the members of the Air Safety Committee consider that the safety deficiencies previously identified on the part of YAK Service have been addressed under the responsibility of the competent authorities of the Russian Federation.

| (111) | Based on the information presented by these authorities, on the basis of the common criteria, it is assessed that, at this stage, no further action is necessary. Member States will verify systematically the effective compliance of YAK Service with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EC) No 351/2008. |
| --- | --- |

(111)

Based on the information presented by these authorities, on the basis of the common criteria, it is assessed that, at this stage, no further action is necessary. Member States will verify systematically the effective compliance of YAK Service with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier pursuant to Regulation (EC) No 351/2008.

| (112) | By correspondence of 9 November 2009 the competent authorities of the Russian Federation informed the Commission of the decision of 6 November 2009 by their certification committee to lift restrictions imposed previously on the operations of the air carriers Aeroflot Nord. |
| --- | --- |

(112)

By correspondence of 9 November 2009 the competent authorities of the Russian Federation informed the Commission of the decision of 6 November 2009 by their certification committee to lift restrictions imposed previously on the operations of the air carriers Aeroflot Nord.

| (113) | The competent authorities of the Russian Federation informed the Commission on 9 November 2009 that they modified their decision of 25 April 2008, whereby they excluded from operations into the Community aircraft on the AOC of 13 Russian air carriers. These aircraft were not equipped to perform international flights as per ICAO standards (not equipped with TAWS/E-GPWS) and their certificate of airworthiness had expired and had not been renewed. |
| --- | --- |

(113)

The competent authorities of the Russian Federation informed the Commission on 9 November 2009 that they modified their decision of 25 April 2008, whereby they excluded from operations into the Community aircraft on the AOC of 13 Russian air carriers. These aircraft were not equipped to perform international flights as per ICAO standards (not equipped with TAWS/E-GPWS) and their certificate of airworthiness had expired and had not been renewed.

| (114) | According to the new decision, the following aircraft are excluded from operations into, within and out of the Community:






  a) | Aircompany Yakutia: Tupolev TU-154: RA-85007; Antonov AN-140: RA-41250; AN-24RV: RA-46496, RA-46665, RA-47304, RA-47352, RA-47353, RA-47360; AN-26: RA-26660. |
| --- | --- | --- |

(114)

According to the new decision, the following aircraft are excluded from operations into, within and out of the Community:

a)

Aircompany Yakutia: Tupolev TU-154: RA-85007; Antonov AN-140: RA-41250; AN-24RV: RA-46496, RA-46665, RA-47304, RA-47352, RA-47353, RA-47360; AN-26: RA-26660.

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

b)

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

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

c)

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

| d) | Kavminvodyavia: Tupolev TU-154B: RA-85494 and RA-85457. |
| --- | --- |

d)

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

| e) | Krasnoyarsky Airlines: The aircraft of type TU-154M RA-85683 previously on the AOC of Krasnoyarsky Airlines, which was revoked earlier this year is currently operated by another air carrier certified in the Russian Federation. |
| --- | --- |

e)

Krasnoyarsky Airlines: The aircraft of type TU-154M RA-85683 previously on the AOC of Krasnoyarsky Airlines, which was revoked earlier this year is currently operated by another air carrier certified in the Russian Federation.

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

f)

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

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

g)

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

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

h)

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

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

i)

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

| j) | Ural Airlines: Tupolev TU-154B: RA-85319, RA-85337, RA-85357, RA-85375, RA-85374, RA-85432 and RA-85508. |
| --- | --- |

j)

Ural Airlines: Tupolev TU-154B: RA-85319, RA-85337, RA-85357, RA-85375, RA-85374, RA-85432 and RA-85508.

| k) | UTAir: Tupolev TU-154M: RA-85813, RA-85733, RA-85755, RA-85806, RA-85820; all (25) TU-134: RA-65024, RA-65033, RA-65127, RA-65148, RA-65560, RA-65572, RA-65575, RA-65607, RA-65608, RA-65609, RA-65611, RA-65613, RA-65616, RA-65620, RA-65622, RA-65728, RA-65755, RA-65777, RA-65780, RA-65793, RA-65901, RA-65902, and RA-65977; the aircraft RA-65143 and RA-65916 are operated by another Russian carrier; all (1) TU-134B: RA-65726 is operated by another Russian carrier; all (10) Yakovlev Yak-40: RA-87292, RA-87348, RA-87907, RA-87941, RA-87997, RA-88209, RA 88210, RA-88227, RA-88244 and RA-88280; all helicopters Mil-26: (unknown registration); all helicopters Mil-10: (unknown registration); all helicopters Mil-8 (unknown registration); all helicopters AS-355 (unknown registration); all helicopters BO-105 (unknown registration); the aircraft of type AN-24B (RA-46267 and RA-47289 and the aircraft of type AN-24RV (RA-46509, RA-46519 and RA-47800) are operated by another Russian carrier. |
| --- | --- |

k)

UTAir: Tupolev TU-154M: RA-85813, RA-85733, RA-85755, RA-85806, RA-85820; all (25) TU-134: RA-65024, RA-65033, RA-65127, RA-65148, RA-65560, RA-65572, RA-65575, RA-65607, RA-65608, RA-65609, RA-65611, RA-65613, RA-65616, RA-65620, RA-65622, RA-65728, RA-65755, RA-65777, RA-65780, RA-65793, RA-65901, RA-65902, and RA-65977; the aircraft RA-65143 and RA-65916 are operated by another Russian carrier; all (1) TU-134B: RA-65726 is operated by another Russian carrier; all (10) Yakovlev Yak-40: RA-87292, RA-87348, RA-87907, RA-87941, RA-87997, RA-88209, RA 88210, RA-88227, RA-88244 and RA-88280; all helicopters Mil-26: (unknown registration); all helicopters Mil-10: (unknown registration); all helicopters Mil-8 (unknown registration); all helicopters AS-355 (unknown registration); all helicopters BO-105 (unknown registration); the aircraft of type AN-24B (RA-46267 and RA-47289 and the aircraft of type AN-24RV (RA-46509, RA-46519 and RA-47800) are operated by another Russian carrier.

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

l)

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

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

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

| (115) | No evidence of the full implementation of appropriate remedial actions by the other air carriers included in the Community list updated on 13 July 2009 and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far in spite of specific requests submitted by the latter. Therefore, on the basis of the common criteria, it is assessed that these air carriers should continue to be subject to an operating ban (Annex A) or operating restrictions (Annex B), as the case may be. |
| --- | --- |

(115)

No evidence of the full implementation of appropriate remedial actions by the other air carriers included in the Community list updated on 13 July 2009 and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far in spite of specific requests submitted by the latter. Therefore, on the basis of the common criteria, it is assessed that these air carriers should continue to be subject to an operating ban (Annex A) or operating restrictions (Annex B), as the case may be.

| (116) | The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee, |
| --- | --- |

(116)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

| 1. | Annex A is replaced by the text set out in Annex A to this Regulation. |
| --- | --- |

1.

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

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

2.

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

Article 2

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

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

Done at Brussels, 26 November 2009.

For the Commission

Jacques BARROT

Vice-President

---

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

1

(2)  
  OJ L 84, 23.3.2006, p. 14.

2

(3)  
  OJ L 373, 31.12.1991, p. 4.

3

(4)  DGAC/F-2009-541, -798, LBA/D-2008-805, LBA/D-2009-8, -921, ENAC-IT-2008-602, -750, -648, ENAC-IT-2009-126, -198, -359, -374, -451, -597, -686, -730, DGCATR-2008-519, -347, DGCATR-2009-445, -559.

4

(5)  
  OJ L 175, 5.7.2007, p. 12.

5

(6)  
  OJ L 182, 15.7.2009, p. 4.

6

(7)  
  OJ L 197, 25.7.2008, p. 39 and OJ L 306, 15.11.2008, p. 49.

7

(8)  BCAA-2009-122, DGAC/F-2009-2112, DGAC/F-2009-2113.

8

(9)  CAA-UK-2009-126, DGAC/F-2009-137, DGAC/F-2009-257, DGAC/F-2009-779, DGAC/F-2009-1776.

9

(10)  BCAA-2009-122, DGAC/F-2009-2112, DGAC/F-2009-2113.

10

(11)  
  OJ L 283, 14.10.2006, p. 28.

11

(12)  
  OJ L 182, 15.7.2009, p. 8.

12

(13)  FOCA-2008-320, ACG-2009-82, ACG-2009-150, CAA-N-2008-98, CAALAT-2009-11, ACG-2008-300, CAA-NL-2008-72, HCAAGR-2008-53, LBA/D-2008-482, ACG-2009-176, DGAC/F-2008-545, DGAC/F-2008-2646, DGAC/F-2009-372, ENAC-IT-2009-226

13

---

ANNEX A

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

| Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different) | Air Operator Certificate (AOC) Number or Operating Licence Number | ICAO airline designation number | State of the Operator |
| --- | --- | --- | --- |
| AIR KORYO | GACA-AOC/KOR-01 | KOR | Democratic People Republic of Korea (DPRK) |
| AIR WEST CO. LTD | 004/A | AWZ | Republic of the Sudan |
| ARIANA AFGHAN AIRLINES | AOC 009 | AFG | Afghanistan |
| SIEM REAP AIRWAYS INTERNATIONAL | AOC/013/00 | SRH | Kingdom of Cambodia |
| SILVERBACK CARGO FREIGHTERS | Unknown | VRB | Republic of Rwanda |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Angola, with the exception of TAAG Angola Airlines, including, | | | Republic of Angola |
| AEROJET | 015 | Unknown | Republic of Angola |
| AIR26 | 004 | DCD | Republic of Angola |
| AIR GEMINI | 002 | GLL | Republic of Angola |
| AIR GICANGO | 009 | Unknown | Republic of Angola |
| AIR JET | 003 | MBC | Republic of Angola |
| AIR NAVE | 017 | Unknown | Republic of Angola |
| ALADA | 005 | RAD | Republic of Angola |
| ANGOLA AIR SERVICES | 006 | Unknown | Republic of Angola |
| DIEXIM | 007 | Unknown | Republic of Angola |
| GIRA GLOBO | 008 | GGL | Republic of Angola |
| HELIANG | 010 | Unknown | Republic of Angola |
| HELIMALONGO | 011 | Unknown | Republic of Angola |
| MAVEWA | 016 | Unknown | Republic of Angola |
| PHA | 019 | Unknown | Republic of Angola |
| RUI & CONCEICAO | 012 | Unknown | Republic of Angola |
| SAL | 013 | Unknown | Republic of Angola |
| SERVISAIR | 018 | Unknown | Republic of Angola |
| SONAIR | 014 | SOR | Republic of Angola |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Benin, including, | | — | Republic of Benin |
| AERO BENIN | PEA No 014/MDCTTTATP-PR/ANAC/DEA/SCS | Unknown | Republic of Benin |
| AFRICA AIRWAYS | Unknown | AFF | Republic of Benin |
| ALAFIA JET | PEA No 014/ANAC/MDCTTTATP-PR/DEA/SCS | N/A | Republic of Benin |
| BENIN GOLF AIR | PEA No 012/MDCTTP-PR/ANAC/DEA/SCS. | Unknown | Republic of Benin |
| BENIN LITTORAL AIRWAYS | PEA No 013/MDCTTTATP-PR/ANAC/DEA/SCS. | LTL | Republic of Benin |
| COTAIR | PEA No 015/MDCTTTATP-PR/ANAC/DEA/SCS. | COB | Republic of Benin |
| ROYAL AIR | PEA No 11/ANAC/MDCTTP-PR/DEA/SCS | BNR | Republic of Benin |
| TRANS AIR BENIN | PEA No 016/MDCTTTATP-PR/ANAC/DEA/SCS | TNB | Republic of Benin |
| All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Congo, including | | | Republic of Congo |
| AERO SERVICE | RAC06-002 | RSR | Republic of Congo |
| EQUAFLIGHT SERVICES | RAC 06-003 | EKA | Republic of Congo |
| SOCIETE NOUVELLE AIR CONGO | RAC 06-004 | Unknown | Republic of Congo |
| TRANS AIR CONGO | RAC 06-001 | Unknown | Republic of Congo |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Democratic Republic of Congo (RDC), including, | | — | Democratic Republic of Congo (RDC) |
| AFRICAN AIR SERVICES COMMUTER | 409/CAB/MIN/TVC/051/09 | Unknown | Democratic Republic of Congo (RDC) |
| AIR KASAI | 409/CAB/MIN/ TVC/036/08 | Unknown | Democratic Republic of Congo (RDC) |
| AIR KATANGA | 409/CAB/MIN/TVC/031/08 | Unknown | Democratic Republic of Congo (RDC) |
| AIR TROPIQUES | 409/CAB/MIN/TVC/029/08 | Unknown | Democratic Republic of Congo (RDC) |
| BLUE AIRLINES | 409/CAB/MIN/TVC/028/08 | BUL | Democratic Republic of Congo (RDC) |
| BRAVO AIR CONGO | 409/CAB/MIN/TC/0090/2006 | BRV | Democratic Republic of Congo (RDC) |
| BUSINESS AVIATION | 409/CAB/MIN/TVC/048/09 | Unknown | Democratic Republic of Congo (RDC) |
| BUSY BEE CONGO | 409/CAB/MIN/TVC/052/09 | Unknown | Democratic Republic of Congo (RDC) |
| CETRACA AVIATION SERVICE | 409/CAB/MIN/TVC/026/08 | CER | Democratic Republic of Congo (RDC) |
| CHC STELLAVIA | 409/CAB/MIN/TC/0050/2006 | Unknown | Democratic Republic of Congo (RDC) |
| COMPAGNIE AFRICAINE D’AVIATION (CAA) | 409/CAB/MIN/TVC/035/08 | Unknown | Democratic Republic of Congo (RDC) |
| DOREN AIR CONGO | 409/CAB/MIN/TVC/0032/08 | Unknown | Democratic Republic of Congo (RDC) |
| ENTREPRISE WORLD AIRWAYS (EWA) | 409/CAB/MIN/TVC/003/08 | EWS | Democratic Republic of Congo (RDC) |
| FILAIR | 409/CAB/MIN/TVC/037/08 | Unknown | Democratic Republic of Congo (RDC) |
| GALAXY KAVATSI | 409/CAB/MIN/TVC/027/08 | Unknown | Democratic Republic of Congo (RDC) |
| GILEMBE AIR SOUTENANCE (GISAIR) | 409/CAB/MIN/TVC/053/09 | Unknown | Democratic Republic of Congo (RDC) |
| GOMA EXPRESS | 409/CAB/MIN/TC/0051/2006 | Unknown | Democratic Republic of Congo (RDC) |
| GOMAIR | 409/CAB/MIN/TVC/045/09 | Unknown | Democratic Republic of Congo (RDC) |
| HEWA BORA AIRWAYS (HBA) | 409/CAB/MIN/TVC/038/08 | ALX | Democratic Republic of Congo (RDC) |
| INTERNATIONAL TRANS AIR BUSINESS (ITAB) | 409/CAB/MIN/TVC/033/08 | Unknown | Democratic Republic of Congo (RDC) |
| KIN AVIA | 409/CAB/MIN/TVC/042/09 | Unknown | Democratic Republic of Congo (RDC) |
| LIGNES AÉRIENNES CONGOLAISES (LAC) | Ministerial signature (ordonnance No. 78/205) | LCG | Democratic Republic of Congo (RDC) |
| MALU AVIATION | 409/CAB/MIN/TVC/04008 | Unknown | Democratic Republic of Congo (RDC) |
| MANGO AVIATION | 409/CAB/MIN/TVC/034/08 | Unknown | Democratic Republic of Congo (RDC) |
| SAFE AIR COMPANY | 409/CAB/MIN/TVC/025/08 | Unknown | Democratic Republic of Congo (RDC) |
| SERVICES AIR | 409/CAB/MIN/TVC/030/08 | Unknown | Democratic Republic of Congo (RDC) |
| SWALA AVIATION | 409/CAB/MIN/TVC/050/09 | Unknown | Democratic Republic of Congo (RDC) |
| TMK AIR COMMUTER | 409/CAB/MIN/TVC/044/09 | Unknown | Democratic Republic of Congo (RDC) |
| TRACEP CONGO AVIATION | 409/CAB/MIN/TVC/046/09 | Unknown | Democratic Republic of Congo (RDC) |
| TRANS AIR CARGO SERVICES | 409/CAB/MIN/TVC/024/08 | Unknown | Democratic Republic of Congo (RDC) |
| WIMBI DIRA AIRWAYS | 409/CAB/MIN/TVC/039/08 | WDA | Democratic Republic of Congo (RDC) |
| ZAABU INTERNATIONAL | 409/CAB/MIN/TVC/049/09 | Unknown | Democratic Republic of Congo (RDC) |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Djibouti, including: | | | Djibouti |
| DAALLO AIRLINES | Unknown | DAO | Djibouti |
| DJIBOUTI AIRLINES | Unknown | DJB | Djibouti |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Equatorial Guinea, including, | | | Equatorial Guinea |
| CRONOS AIRLINES | Unknown | Unknown | Equatorial Guinea |
| CEIBA INTERCONTINENTAL | Unknown | CEL | Equatorial Guinea |
| EGAMS | Unknown | EGM | Equatorial Guinea |
| EUROGUINEANA DE AVIACION Y TRANSPORTES | 2006/001/MTTCT/DGAC/SOPS | EUG | Equatorial Guinea |
| GENERAL WORK AVIACION | 002/ANAC | n/a | Equatorial Guinea |
| GETRA — GUINEA ECUATORIAL DE TRANSPORTES AEREOS | 739 | GET | Equatorial Guinea |
| GUINEA AIRWAYS | 738 | n/a | Equatorial Guinea |
| STAR EQUATORIAL AIRLINES | Unknown | Unknown | Equatorial Guinea |
| UTAGE — UNION DE TRANSPORT AEREO DE GUINEA ECUATORIAL | 737 | UTG | Equatorial Guinea |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Indonesia, with the exception of Garuda Indonesia, Airfast Indonesia, Mandala Airlines, and Ekspres Transportasi Antarbenua, including, | | | Republic of Indonesia |
| AIR PACIFIC UTAMA | 135-020 | Unknown | Republic of Indonesia |
| ALFA TRANS DIRGANTATA | 135-012 | Unknown | Republic of Indonesia |
| ASCO NUSA AIR | 135-022 | Unknown | Republic of Indonesia |
| ASI PUDJIASTUTI | 135-028 | Unknown | Republic of Indonesia |
| AVIASTAR MANDIRI | 135-029 | Unknown | Republic of Indonesia |
| CARDIG AIR | 121-013 | Unknown | Republic of Indonesia |
| DABI AIR NUSANTARA | 135-030 | Unknown | Republic of Indonesia |
| DERAYA AIR TAXI | 135-013 | DRY | Republic of Indonesia |
| DERAZONA AIR SERVICE | 135-010 | DRZ | Republic of Indonesia |
| DIRGANTARA AIR SERVICE | 135-014 | DIR | Republic of Indonesia |
| EASTINDO | 135-038 | Unknown | Republic of Indonesia |
| GATARI AIR SERVICE | 135-018 | GHS | Republic of Indonesia |
| INDONESIA AIR ASIA | 121-009 | AWQ | Republic of Indonesia |
| INDONESIA AIR TRANSPORT | 135-034 | IDA | Republic of Indonesia |
| INTAN ANGKASA AIR SERVICE | 135-019 | Unknown | Republic of Indonesia |
| JOHNLIN AIR TRANSPORT | 135-043 | Unknown | Republic of Indonesia |
| KAL STAR | 121-037 | KLS | Republic of Indonesia |
| KARTIKA AIRLINES | 121-003 | KAE | Republic of Indonesia |
| KURA-KURA AVIATION | 135-016 | KUR | Republic of Indonesia |
| LION MENTARI ARILINES | 121-010 | LNI | Republic of Indonesia |
| MANUNGGAL AIR SERVICE | 121-020 | Unknown | Republic of Indonesia |
| MEGANTARA | 121-025 | MKE | Republic of Indonesia |
| MERPATI NUSANTARA AIRLINES | 121-002 | MNA | Republic of Indonesia |
| METRO BATAVIA | 121-007 | BTV | Republic of Indonesia |
| MIMIKA AIR | 135-007 | Unknown | Republic of Indonesia |
| NATIONAL UTILITY HELICOPTER | 135-011 | Unknown | Republic of Indonesia |
| NUSANTARA AIR CHARTER | 121-022 | Unknown | Republic of Indonesia |
| NUSANTARA BUANA AIR | 135-041 | Unknown | Republic of Indonesia |
| NYAMAN AIR | 135-042 | Unknown | Republic of Indonesia |
| PELITA AIR SERVICE | 121-008 | PAS | Republic of Indonesia |
| PENERBANGAN ANGKASA SEMESTA | 135-026 | Unknown | Republic of Indonesia |
| PURA WISATA BARUNA | 135-025 | Unknown | Republic of Indonesia |
| REPUBLIC EXPRESS AIRLINES | 121-040 | RPH | Republic of Indonesia |
| RIAU AIRLINES | 121-016 | RIU | Republic of Indonesia |
| SAMPOERNA AIR NUSANTARA | 135-036 | SAE | Republic of Indonesia |
| SAYAP GARUDA INDAH | 135-004 | Unknown | Republic of Indonesia |
| SKY AVIATION | 135-044 | Unknown | Republic of Indonesia |
| SMAC | 135-015 | SMC | Republic of Indonesia |
| SRIWIJAYA AIR | 121-035 | SJY | Republic of Indonesia |
| SURVEI UDARA PENAS | 135-006 | Unknown | Republic of Indonesia |
| TRANSWISATA PRIMA AVIATION | 135-021 | Unknown | Republic of Indonesia |
| TRAVEL EXPRESS AVIATION SERVICE | 121-038 | XAR | Republic of Indonesia |
| TRAVIRA UTAMA | 135-009 | Unknown | Republic of Indonesia |
| TRI MG INTRA ASIA AIRLINES | 121-018 | TMG | Republic of Indonesia |
| TRIGANA AIR SERVICE | 121-006 | TGN | Republic of Indonesia |
| UNINDO | 135-040 | Unknown | Republic of Indonesia |
| WING ABADI AIRLINES | 121-012 | WON | Republic of Indonesia |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Kazakhstan, with the exception of Air Astana, including, | | | Republic of Kazakhstan |
| AERO AIR COMPANY | Unknown | Unknown | Republic of Kazakhstan |
| AEROPRAKT KZ | Unknown | APK | Republic of Kazakhstan |
| AIR ALMATY | AK-0331-07 | LMY | Republic of Kazakhstan |
| AIR COMPANY KOKSHETAU | AK-0357-08 | KRT | Republic of Kazakhstan |
| AIR DIVISION OF EKA | Unknown | Unknown | Republic of Kazakhstan |
| AIR FLAMINGO | Unknown | Unknown | Republic of Kazakhstan |
| AIR TRUST AIRCOMPANY | Unknown | Unknown | Republic of Kazakhstan |
| AK SUNKAR AIRCOMPANY | Unknown | AKS | Republic of Kazakhstan |
| ALMATY AVIATION | Unknown | LMT | Republic of Kazakhstan |
| ARKHABAY | Unknown | KEK | Republic of Kazakhstan |
| ASIA CONTINENTAL AIRLINES | AK-0345-08 | CID | Republic of Kazakhstan |
| ASIA CONTINENTAL AVIALINES | AK-0371-08 | RRK | Republic of Kazakhstan |
| ASIA WINGS | AK-0390-09 | AWA | Republic of Kazakhstan |
| ASSOCIATION OF AMATEUR PILOTS OF KAZAKHSTAN | Unknown | Unknown | Republic of Kazakhstan |
| ATMA AIRLINES | AK-0372-08 | AMA | Republic of Kazakhstan |
| ATYRAU AYE JOLY | AK-0321-07 | JOL | Republic of Kazakhstan |
| AVIA-JAYNAR | Unknown | Unknown | Republic of Kazakhstan |
| BEYBARS AIRCOMPANY | Unknown | Unknown | Republic of Kazakhstan |
| BERKUT AIR/BEK AIR | AK-0311-07 | BKT/BEK | Republic of Kazakhstan |
| BERKUT KZ | Unknown | Unknown | Republic of Kazakhstan |
| BURUNDAYAVIA AIRLINES | AK-0374-08 | BRY | Republic of Kazakhstan |
| COMLUX | AK-0352-08 | KAZ | Republic of Kazakhstan |
| DETA AIR | AK-0344-08 | DET | Republic of Kazakhstan |
| EAST WING | AK-0332-07 | EWZ | Republic of Kazakhstan |
| EASTERN EXPRESS | AK-0358-08 | LIS | Republic of Kazakhstan |
| EURO-ASIA AIR | AK-0384-09 | EAK | Republic of Kazakhstan |
| EURO-ASIA AIR INTERNATIONAL | Unknown | KZE | Republic of Kazakhstan |
| FENIX | Unknown | Unknown | Republic of Kazakhstan |
| FLY JET KZ | AK-0391-09 | FJK | Republic of Kazakhstan |
| IJT AVIATION | AK-0335-08 | DVB | Republic of Kazakhstan |
| INVESTAVIA | AK-0342-08 | TLG | Republic of Kazakhstan |
| IRTYSH AIR | AK-0381-09 | MZA | Republic of Kazakhstan |
| JET AIRLINES | AK-0349-09 | SOZ | Republic of Kazakhstan |
| JET ONE | AK-0367-08 | JKZ | Republic of Kazakhstan |
| KAZAIR JET | AK-0387-09 | KEJ | Republic of Kazakhstan |
| KAZAIRTRANS AIRLINE | AK-0347-08 | KUY | Republic of Kazakhstan |
| KAZAIRWEST | Unknown | Unknown | Republic of Kazakhstan |
| KAZAVIA | Unknown | KKA | Republic of Kazakhstan |
| KAZAVIASPAS | Unknown | KZS | Republic of Kazakhstan |
| KOKSHETAU | AK-0357-08 | KRT | Republic of Kazakhstan |
| MEGA AIRLINES | AK-0356-08 | MGK | Republic of Kazakhstan |
| MIRAS | AK-0315-07 | MIF | Republic of Kazakhstan |
| NAVIGATOR | Unknown | Unknown | Republic of Kazakhstan |
| ORLAN 2000 AIRCOMPANY | Unknown | KOV | Republic of Kazakhstan |
| PANKH CENTER KAZAKHSTAN | Unknown | Unknown | Republic of Kazakhstan |
| PRIME AVIATION | | | Republic of Kazakhstan |
| SALEM AIRCOMPANY | Unknown | KKS | Republic of Kazakhstan |
| SAMAL AIR | Unknown | SAV | Republic of Kazakhstan |
| SAYAKHAT AIRLINES | AK-0359-08 | SAH | Republic of Kazakhstan |
| SEMEYAVIA | Unknown | SMK | Republic of Kazakhstan |
| SCAT | AK-0350-08 | VSV | Republic of Kazakhstan |
| SKYBUS | AK-0364-08 | BYK | Republic of Kazakhstan |
| SKYJET | AK-0307-09 | SEK | Republic of Kazakhstan |
| SKYSERVICE | Unknown | Unknown | Republic of Kazakhstan |
| TYAN SHAN | Unknown | Unknown | Republic of Kazakhstan |
| UST-KAMENOGORSK | AK-0385-09 | UCK | Republic of Kazakhstan |
| ZHETYSU AIRCOMPANY | Unknown | JTU | Republic of Kazakhstan |
| ZHERSU AVIA | Unknown | RZU | Republic of Kazakhstan |
| ZHEZKAZGANAIR | Unknown | Unknown | Republic of Kazakhstan |
| All air carriers certified by the authorities with responsibility for regulatory oversight of the Kyrgyz Republic, including, | | | Kyrgyz Republic |
| AIR MANAS | 17 | MBB | Kyrgyz Republic |
| ASIAN AIR | Unknown | AAZ | Kyrgyz Republic |
| AVIA TRAFFIC COMPANY | 23 | AVJ | Kyrgyz Republic |
| AEROSTAN (EX BISTAIR-FEZ BISHKEK) | 08 | BSC | Kyrgyz Republic |
| CLICK AIRWAYS | 11 | CGK | Kyrgyz Republic |
| DAMES | 20 | DAM | Kyrgyz Republic |
| EASTOK AVIA | 15 | EEA | Kyrgyz Republic |
| GOLDEN RULE AIRLINES | 22 | GRS | Kyrgyz Republic |
| ITEK AIR | 04 | IKA | Kyrgyz Republic |
| KYRGYZ TRANS AVIA | 31 | KTC | Kyrgyz Republic |
| KYRGYZSTAN | 03 | LYN | Kyrgyz Republic |
| MAX AVIA | 33 | MAI | Kyrgyz Republic |
| S GROUP AVIATION | 6 | SGL | Kyrgyz Republic |
| SKY GATE INTERNATIONAL AVIATION | 14 | SGD | Kyrgyz Republic |
| SKY WAY AIR | 21 | SAB | Kyrgyz Republic |
| TENIR AIRLINES | 26 | TEB | Kyrgyz Republic |
| TRAST AERO | 05 | TSJ | Kyrgyz Republic |
| VALOR AIR | 07 | VAC | Kyrgyz Republic |
| All air carriers certified by the authorities with responsibility for regulatory oversight of Liberia | | — | Liberia |
| All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Gabon, with the exception of Gabon Airlines, Afrijet and SN2AG, including, | | | Republic of Gabon |
| AIR SERVICES SA | 0002/MTACCMDH/SGACC/DTA | AGB | Republic of Gabon |
| AIR TOURIST (ALLEGIANCE) | 0026/MTACCMDH/SGACC/DTA | NIL | Republic of Gabon |
| NATIONALE ET REGIONALE TRANSPORT (NATIONALE) | 0020/MTACCMDH/SGACC/DTA | Unknown | Republic of Gabon |
| SCD AVIATION | 0022/MTACCMDH/SGACC/DTA | Unknown | Republic of Gabon |
| SKY GABON | 0043/MTACCMDH/SGACC/DTA | SKG | Republic of Gabon |
| SOLENTA AVIATION GABON | 0023/MTACCMDH/SGACC/DTA | Unknown | Republic of Gabon |
| All air carriers certified by the authorities with responsibility for regulatory oversight of 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 Swaziland, including, | — | — | Swaziland |
| AERO AFRICA (PTY) LTD | Unknown | RFC | Swaziland |
| JET AFRICA SWAZILAND | Unknown | OSW | Swaziland |
| ROYAL SWAZI NATIONAL AIRWAYS CORPORATION | Unknown | RSN | Swaziland |
| SCAN AIR CHARTER, LTD | Unknown | Unknown | Swaziland |
| SWAZI EXPRESS AIRWAYS | Unknown | SWX | Swaziland |
| SWAZILAND AIRLINK | Unknown | SZL | Swaziland |
| 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

AIR KORYO

GACA-AOC/KOR-01

KOR

Democratic People Republic of Korea (DPRK)

AIR WEST CO. LTD

004/A

AWZ

Republic of the Sudan

ARIANA AFGHAN AIRLINES

AOC 009

AFG

Afghanistan

SIEM REAP AIRWAYS INTERNATIONAL

AOC/013/00

SRH

Kingdom of Cambodia

SILVERBACK CARGO FREIGHTERS

Unknown

VRB

Republic of Rwanda

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

Republic of Angola

AEROJET

015

Unknown

Republic of Angola

AIR26

004

DCD

Republic of Angola

AIR GEMINI

002

GLL

Republic of Angola

AIR GICANGO

009

Unknown

Republic of Angola

AIR JET

003

MBC

Republic of Angola

AIR NAVE

017

Unknown

Republic of Angola

ALADA

005

RAD

Republic of Angola

ANGOLA AIR SERVICES

006

Unknown

Republic of Angola

DIEXIM

007

Unknown

Republic of Angola

GIRA GLOBO

008

GGL

Republic of Angola

HELIANG

010

Unknown

Republic of Angola

HELIMALONGO

011

Unknown

Republic of Angola

MAVEWA

016

Unknown

Republic of Angola

PHA

019

Unknown

Republic of Angola

RUI & CONCEICAO

012

Unknown

Republic of Angola

SAL

013

Unknown

Republic of Angola

SERVISAIR

018

Unknown

Republic of Angola

SONAIR

014

SOR

Republic of Angola

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

—

Republic of Benin

AERO BENIN

PEA No 014/MDCTTTATP-PR/ANAC/DEA/SCS

Unknown

Republic of Benin

AFRICA AIRWAYS

Unknown

AFF

Republic of Benin

ALAFIA JET

PEA No 014/ANAC/MDCTTTATP-PR/DEA/SCS

N/A

Republic of Benin

BENIN GOLF AIR

PEA No 012/MDCTTP-PR/ANAC/DEA/SCS.

Unknown

Republic of Benin

BENIN LITTORAL AIRWAYS

PEA No 013/MDCTTTATP-PR/ANAC/DEA/SCS.

LTL

Republic of Benin

COTAIR

PEA No 015/MDCTTTATP-PR/ANAC/DEA/SCS.

COB

Republic of Benin

ROYAL AIR

PEA No 11/ANAC/MDCTTP-PR/DEA/SCS

BNR

Republic of Benin

TRANS AIR BENIN

PEA No 016/MDCTTTATP-PR/ANAC/DEA/SCS

TNB

Republic of Benin

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

Republic of Congo

AERO SERVICE

RAC06-002

RSR

Republic of Congo

EQUAFLIGHT SERVICES

RAC 06-003

EKA

Republic of Congo

SOCIETE NOUVELLE AIR CONGO

RAC 06-004

Unknown

Republic of Congo

TRANS AIR CONGO

RAC 06-001

Unknown

Republic of Congo

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

—

Democratic Republic of Congo (RDC)

AFRICAN AIR SERVICES COMMUTER

409/CAB/MIN/TVC/051/09

Unknown

Democratic Republic of Congo (RDC)

AIR KASAI

409/CAB/MIN/ TVC/036/08

Unknown

Democratic Republic of Congo (RDC)

AIR KATANGA

409/CAB/MIN/TVC/031/08

Unknown

Democratic Republic of Congo (RDC)

AIR TROPIQUES

409/CAB/MIN/TVC/029/08

Unknown

Democratic Republic of Congo (RDC)

BLUE AIRLINES

409/CAB/MIN/TVC/028/08

BUL

Democratic Republic of Congo (RDC)

BRAVO AIR CONGO

409/CAB/MIN/TC/0090/2006

BRV

Democratic Republic of Congo (RDC)

BUSINESS AVIATION

409/CAB/MIN/TVC/048/09

Unknown

Democratic Republic of Congo (RDC)

BUSY BEE CONGO

409/CAB/MIN/TVC/052/09

Unknown

Democratic Republic of Congo (RDC)

CETRACA AVIATION SERVICE

409/CAB/MIN/TVC/026/08

CER

Democratic Republic of Congo (RDC)

CHC STELLAVIA

409/CAB/MIN/TC/0050/2006

Unknown

Democratic Republic of Congo (RDC)

COMPAGNIE AFRICAINE D’AVIATION (CAA)

409/CAB/MIN/TVC/035/08

Unknown

Democratic Republic of Congo (RDC)

DOREN AIR CONGO

409/CAB/MIN/TVC/0032/08

Unknown

Democratic Republic of Congo (RDC)

ENTREPRISE WORLD AIRWAYS (EWA)

409/CAB/MIN/TVC/003/08

EWS

Democratic Republic of Congo (RDC)

FILAIR

409/CAB/MIN/TVC/037/08

Unknown

Democratic Republic of Congo (RDC)

GALAXY KAVATSI

409/CAB/MIN/TVC/027/08

Unknown

Democratic Republic of Congo (RDC)

GILEMBE AIR SOUTENANCE (GISAIR)

409/CAB/MIN/TVC/053/09

Unknown

Democratic Republic of Congo (RDC)

GOMA EXPRESS

409/CAB/MIN/TC/0051/2006

Unknown

Democratic Republic of Congo (RDC)

GOMAIR

409/CAB/MIN/TVC/045/09

Unknown

Democratic Republic of Congo (RDC)

HEWA BORA AIRWAYS (HBA)

409/CAB/MIN/TVC/038/08

ALX

Democratic Republic of Congo (RDC)

INTERNATIONAL TRANS AIR BUSINESS (ITAB)

409/CAB/MIN/TVC/033/08

Unknown

Democratic Republic of Congo (RDC)

KIN AVIA

409/CAB/MIN/TVC/042/09

Unknown

Democratic Republic of Congo (RDC)

LIGNES AÉRIENNES CONGOLAISES (LAC)

Ministerial signature (ordonnance No. 78/205)

LCG

Democratic Republic of Congo (RDC)

MALU AVIATION

409/CAB/MIN/TVC/04008

Unknown

Democratic Republic of Congo (RDC)

MANGO AVIATION

409/CAB/MIN/TVC/034/08

Unknown

Democratic Republic of Congo (RDC)

SAFE AIR COMPANY

409/CAB/MIN/TVC/025/08

Unknown

Democratic Republic of Congo (RDC)

SERVICES AIR

409/CAB/MIN/TVC/030/08

Unknown

Democratic Republic of Congo (RDC)

SWALA AVIATION

409/CAB/MIN/TVC/050/09

Unknown

Democratic Republic of Congo (RDC)

TMK AIR COMMUTER

409/CAB/MIN/TVC/044/09

Unknown

Democratic Republic of Congo (RDC)

TRACEP CONGO AVIATION

409/CAB/MIN/TVC/046/09

Unknown

Democratic Republic of Congo (RDC)

TRANS AIR CARGO SERVICES

409/CAB/MIN/TVC/024/08

Unknown

Democratic Republic of Congo (RDC)

WIMBI DIRA AIRWAYS

409/CAB/MIN/TVC/039/08

WDA

Democratic Republic of Congo (RDC)

ZAABU INTERNATIONAL

409/CAB/MIN/TVC/049/09

Unknown

Democratic Republic of Congo (RDC)

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

Djibouti

DAALLO AIRLINES

Unknown

DAO

Djibouti

DJIBOUTI AIRLINES

Unknown

DJB

Djibouti

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

Equatorial Guinea

CRONOS AIRLINES

Unknown

Unknown

Equatorial Guinea

CEIBA INTERCONTINENTAL

Unknown

CEL

Equatorial Guinea

EGAMS

Unknown

EGM

Equatorial Guinea

EUROGUINEANA DE AVIACION Y TRANSPORTES

2006/001/MTTCT/DGAC/SOPS

EUG

Equatorial Guinea

GENERAL WORK AVIACION

002/ANAC

n/a

Equatorial Guinea

GETRA — GUINEA ECUATORIAL DE TRANSPORTES AEREOS

739

GET

Equatorial Guinea

GUINEA AIRWAYS

738

n/a

Equatorial Guinea

STAR EQUATORIAL AIRLINES

Unknown

Unknown

Equatorial Guinea

UTAGE — UNION DE TRANSPORT AEREO DE GUINEA ECUATORIAL

737

UTG

Equatorial Guinea

All air carriers certified by the authorities with responsibility for regulatory oversight of Indonesia, with the exception of Garuda Indonesia, Airfast Indonesia, Mandala Airlines, and Ekspres Transportasi Antarbenua, including,

Republic of Indonesia

AIR PACIFIC UTAMA

135-020

Unknown

Republic of Indonesia

ALFA TRANS DIRGANTATA

135-012

Unknown

Republic of Indonesia

ASCO NUSA AIR

135-022

Unknown

Republic of Indonesia

ASI PUDJIASTUTI

135-028

Unknown

Republic of Indonesia

AVIASTAR MANDIRI

135-029

Unknown

Republic of Indonesia

CARDIG AIR

121-013

Unknown

Republic of Indonesia

DABI AIR NUSANTARA

135-030

Unknown

Republic of Indonesia

DERAYA AIR TAXI

135-013

DRY

Republic of Indonesia

DERAZONA AIR SERVICE

135-010

DRZ

Republic of Indonesia

DIRGANTARA AIR SERVICE

135-014

DIR

Republic of Indonesia

EASTINDO

135-038

Unknown

Republic of Indonesia

GATARI AIR SERVICE

135-018

GHS

Republic of Indonesia

INDONESIA AIR ASIA

121-009

AWQ

Republic of Indonesia

INDONESIA AIR TRANSPORT

135-034

IDA

Republic of Indonesia

INTAN ANGKASA AIR SERVICE

135-019

Unknown

Republic of Indonesia

JOHNLIN AIR TRANSPORT

135-043

Unknown

Republic of Indonesia

KAL STAR

121-037

KLS

Republic of Indonesia

KARTIKA AIRLINES

121-003

KAE

Republic of Indonesia

KURA-KURA AVIATION

135-016

KUR

Republic of Indonesia

LION MENTARI ARILINES

121-010

LNI

Republic of Indonesia

MANUNGGAL AIR SERVICE

121-020

Unknown

Republic of Indonesia

MEGANTARA

121-025

MKE

Republic of Indonesia

MERPATI NUSANTARA AIRLINES

121-002

MNA

Republic of Indonesia

METRO BATAVIA

121-007

BTV

Republic of Indonesia

MIMIKA AIR

135-007

Unknown

Republic of Indonesia

NATIONAL UTILITY HELICOPTER

135-011

Unknown

Republic of Indonesia

NUSANTARA AIR CHARTER

121-022

Unknown

Republic of Indonesia

NUSANTARA BUANA AIR

135-041

Unknown

Republic of Indonesia

NYAMAN AIR

135-042

Unknown

Republic of Indonesia

PELITA AIR SERVICE

121-008

PAS

Republic of Indonesia

PENERBANGAN ANGKASA SEMESTA

135-026

Unknown

Republic of Indonesia

PURA WISATA BARUNA

135-025

Unknown

Republic of Indonesia

REPUBLIC EXPRESS AIRLINES

121-040

RPH

Republic of Indonesia

RIAU AIRLINES

121-016

RIU

Republic of Indonesia

SAMPOERNA AIR NUSANTARA

135-036

SAE

Republic of Indonesia

SAYAP GARUDA INDAH

135-004

Unknown

Republic of Indonesia

SKY AVIATION

135-044

Unknown

Republic of Indonesia

SMAC

135-015

SMC

Republic of Indonesia

SRIWIJAYA AIR

121-035

SJY

Republic of Indonesia

SURVEI UDARA PENAS

135-006

Unknown

Republic of Indonesia

TRANSWISATA PRIMA AVIATION

135-021

Unknown

Republic of Indonesia

TRAVEL EXPRESS AVIATION SERVICE

121-038

XAR

Republic of Indonesia

TRAVIRA UTAMA

135-009

Unknown

Republic of Indonesia

TRI MG INTRA ASIA AIRLINES

121-018

TMG

Republic of Indonesia

TRIGANA AIR SERVICE

121-006

TGN

Republic of Indonesia

UNINDO

135-040

Unknown

Republic of Indonesia

WING ABADI AIRLINES

121-012

WON

Republic of Indonesia

All air carriers certified by the authorities with responsibility for regulatory oversight of Kazakhstan, with the exception of Air Astana, including,

Republic of Kazakhstan

AERO AIR COMPANY

Unknown

Unknown

Republic of Kazakhstan

AEROPRAKT KZ

Unknown

APK

Republic of Kazakhstan

AIR ALMATY

AK-0331-07

LMY

Republic of Kazakhstan

AIR COMPANY KOKSHETAU

AK-0357-08

KRT

Republic of Kazakhstan

AIR DIVISION OF EKA

Unknown

Unknown

Republic of Kazakhstan

AIR FLAMINGO

Unknown

Unknown

Republic of Kazakhstan

AIR TRUST AIRCOMPANY

Unknown

Unknown

Republic of Kazakhstan

AK SUNKAR AIRCOMPANY

Unknown

AKS

Republic of Kazakhstan

ALMATY AVIATION

Unknown

LMT

Republic of Kazakhstan

ARKHABAY

Unknown

KEK

Republic of Kazakhstan

ASIA CONTINENTAL AIRLINES

AK-0345-08

CID

Republic of Kazakhstan

ASIA CONTINENTAL AVIALINES

AK-0371-08

RRK

Republic of Kazakhstan

ASIA WINGS

AK-0390-09

AWA

Republic of Kazakhstan

ASSOCIATION OF AMATEUR PILOTS OF KAZAKHSTAN

Unknown

Unknown

Republic of Kazakhstan

ATMA AIRLINES

AK-0372-08

AMA

Republic of Kazakhstan

ATYRAU AYE JOLY

AK-0321-07

JOL

Republic of Kazakhstan

AVIA-JAYNAR

Unknown

Unknown

Republic of Kazakhstan

BEYBARS AIRCOMPANY

Unknown

Unknown

Republic of Kazakhstan

BERKUT AIR/BEK AIR

AK-0311-07

BKT/BEK

Republic of Kazakhstan

BERKUT KZ

Unknown

Unknown

Republic of Kazakhstan

BURUNDAYAVIA AIRLINES

AK-0374-08

BRY

Republic of Kazakhstan

COMLUX

AK-0352-08

KAZ

Republic of Kazakhstan

DETA AIR

AK-0344-08

DET

Republic of Kazakhstan

EAST WING

AK-0332-07

EWZ

Republic of Kazakhstan

EASTERN EXPRESS

AK-0358-08

LIS

Republic of Kazakhstan

EURO-ASIA AIR

AK-0384-09

EAK

Republic of Kazakhstan

EURO-ASIA AIR INTERNATIONAL

Unknown

KZE

Republic of Kazakhstan

FENIX

Unknown

Unknown

Republic of Kazakhstan

FLY JET KZ

AK-0391-09

FJK

Republic of Kazakhstan

IJT AVIATION

AK-0335-08

DVB

Republic of Kazakhstan

INVESTAVIA

AK-0342-08

TLG

Republic of Kazakhstan

IRTYSH AIR

AK-0381-09

MZA

Republic of Kazakhstan

JET AIRLINES

AK-0349-09

SOZ

Republic of Kazakhstan

JET ONE

AK-0367-08

JKZ

Republic of Kazakhstan

KAZAIR JET

AK-0387-09

KEJ

Republic of Kazakhstan

KAZAIRTRANS AIRLINE

AK-0347-08

KUY

Republic of Kazakhstan

KAZAIRWEST

Unknown

Unknown

Republic of Kazakhstan

KAZAVIA

Unknown

KKA

Republic of Kazakhstan

KAZAVIASPAS

Unknown

KZS

Republic of Kazakhstan

KOKSHETAU

AK-0357-08

KRT

Republic of Kazakhstan

MEGA AIRLINES

AK-0356-08

MGK

Republic of Kazakhstan

MIRAS

AK-0315-07

MIF

Republic of Kazakhstan

NAVIGATOR

Unknown

Unknown

Republic of Kazakhstan

ORLAN 2000 AIRCOMPANY

Unknown

KOV

Republic of Kazakhstan

PANKH CENTER KAZAKHSTAN

Unknown

Unknown

Republic of Kazakhstan

PRIME AVIATION

Republic of Kazakhstan

SALEM AIRCOMPANY

Unknown

KKS

Republic of Kazakhstan

SAMAL AIR

Unknown

SAV

Republic of Kazakhstan

SAYAKHAT AIRLINES

AK-0359-08

SAH

Republic of Kazakhstan

SEMEYAVIA

Unknown

SMK

Republic of Kazakhstan

SCAT

AK-0350-08

VSV

Republic of Kazakhstan

SKYBUS

AK-0364-08

BYK

Republic of Kazakhstan

SKYJET

AK-0307-09

SEK

Republic of Kazakhstan

SKYSERVICE

Unknown

Unknown

Republic of Kazakhstan

TYAN SHAN

Unknown

Unknown

Republic of Kazakhstan

UST-KAMENOGORSK

AK-0385-09

UCK

Republic of Kazakhstan

ZHETYSU AIRCOMPANY

Unknown

JTU

Republic of Kazakhstan

ZHERSU AVIA

Unknown

RZU

Republic of Kazakhstan

ZHEZKAZGANAIR

Unknown

Unknown

Republic of Kazakhstan

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

Kyrgyz Republic

AIR MANAS

17

MBB

Kyrgyz Republic

ASIAN AIR

Unknown

AAZ

Kyrgyz Republic

AVIA TRAFFIC COMPANY

23

AVJ

Kyrgyz Republic

AEROSTAN (EX BISTAIR-FEZ BISHKEK)

08

BSC

Kyrgyz Republic

CLICK AIRWAYS

11

CGK

Kyrgyz Republic

DAMES

20

DAM

Kyrgyz Republic

EASTOK AVIA

15

EEA

Kyrgyz Republic

GOLDEN RULE AIRLINES

22

GRS

Kyrgyz Republic

ITEK AIR

04

IKA

Kyrgyz Republic

KYRGYZ TRANS AVIA

31

KTC

Kyrgyz Republic

KYRGYZSTAN

03

LYN

Kyrgyz Republic

MAX AVIA

33

MAI

Kyrgyz Republic

S GROUP AVIATION

6

SGL

Kyrgyz Republic

SKY GATE INTERNATIONAL AVIATION

14

SGD

Kyrgyz Republic

SKY WAY AIR

21

SAB

Kyrgyz Republic

TENIR AIRLINES

26

TEB

Kyrgyz Republic

TRAST AERO

05

TSJ

Kyrgyz Republic

VALOR AIR

07

VAC

Kyrgyz Republic

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

—

Liberia

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

Republic of Gabon

AIR SERVICES SA

0002/MTACCMDH/SGACC/DTA

AGB

Republic of Gabon

AIR TOURIST (ALLEGIANCE)

0026/MTACCMDH/SGACC/DTA

NIL

Republic of Gabon

NATIONALE ET REGIONALE TRANSPORT (NATIONALE)

0020/MTACCMDH/SGACC/DTA

Unknown

Republic of Gabon

SCD AVIATION

0022/MTACCMDH/SGACC/DTA

Unknown

Republic of Gabon

SKY GABON

0043/MTACCMDH/SGACC/DTA

SKG

Republic of Gabon

SOLENTA AVIATION GABON

0023/MTACCMDH/SGACC/DTA

Unknown

Republic of Gabon

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

—

—

Swaziland

AERO AFRICA (PTY) LTD

Unknown

RFC

Swaziland

JET AFRICA SWAZILAND

Unknown

OSW

Swaziland

ROYAL SWAZI NATIONAL AIRWAYS CORPORATION

Unknown

RSN

Swaziland

SCAN AIR CHARTER, LTD

Unknown

Unknown

Swaziland

SWAZI EXPRESS AIRWAYS

Unknown

SWX

Swaziland

SWAZILAND AIRLINK

Unknown

SZL

Swaziland

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

Zambia

ZAMBEZI AIRLINES

Z/AOC/001/2009

ZMA

Zambia

---

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

---

ANNEX B

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

| Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different) | Air Operator Certificate (AOC) Number | ICAO airline designation number | State of the Operator | Aircraft type | Registration mark(s) and, when available, construction serial number(s) | State of registry |
| --- | --- | --- | --- | --- | --- | --- |
| AFRIJET (2) | CTA 0002/MTAC/ANAC-G/DSA | | Republic of Gabon | All fleet with the exception of: 2 aircraft of type Falcon 50; 1 aircraft of type Falcon 900 | All fleet with the exception of: TR-LGV; TR-LGY; TR-AFJ | Republic of Gabon |
| AIR ASTANA (3) | AK-0388-09 | KZR | Kazakhstan | All fleet with the exception of: 2 aircraft of type B767; 4 aircraft of type B757; 10 aircraft of type A319/320/321; 5 aircraft of type Fokker 50 | All fleet with the exception of: P4-KCA, P4-KCB; P4-EAS, P4-FAS, P4-GAS, P4-MAS; P4-NAS, P4-OAS, P4-PAS, P4-SAS, P4-TAS, P4-UAS, P4-VAS, P4-WAS, P4-YAS, P4-XAS; P4-HAS, P4-IAS, P4-JAS, P4-KAS, P4-LAS | Aruba (Kingdom of the Netherlands) |
| AIR BANGLADESH | 17 | BGD | Bangladesh | B747-269B | S2-ADT | Bangladesh |
| AIR SERVICE COMORES | 06-819/TA-15/DGACM | KMD | Comoros | All fleet with the exception of: LET 410 UVP | All fleet with the exception of: D6-CAM (851336) | Comoros |
| GABON AIRLINES (4) | CTA 0001/MTAC/ANAC | GBK | Republic of Gabon | All fleet with the exception of: 1 aircraft of type Boeing B-767-200 | All fleet with the exception of: TR-LHP | Republic of Gabon |
| NOUVELLE AIR AFFAIRES GABON (SN2AG) | CTA 0003/MTAC/ANAC-G/DSA | NVS | Republic of Gabon | All fleet with the exception of: 1 aircraft of type Challenger; CL601 1 aircraft of type HS-125-800 | All fleet with the exception of: TR-AAG, ZS-AFG | Republic of Gabon; Republic of South Africa |
| TAAG ANGOLA AIRLINES (5) | 001 | DTA | Republic of Angola | All fleet with the exception of: 3 aircraft of type Boeing B-777 and 4 aircraft of type Boeing B-737-700 | All fleet with the exception of: D2-TED, D2-TEE, D2-TEF, D2-TBF, D2, TBG, D2-TBG, D2-TBJ | Republic of Angola |
| UKRAINIAN MEDITERRANEAN | 164 | UKM | Ukraine | All fleet with the exception of one aircraft of type MD-83 | All fleet with the exception of: UR-CFF | Ukraine |

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

Air Operator Certificate (AOC) Number

ICAO airline designation number

State of the Operator

Aircraft type

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

State of registry

AFRIJET (2)

CTA 0002/MTAC/ANAC-G/DSA

Republic of Gabon

All fleet with the exception of: 2 aircraft of type Falcon 50; 1 aircraft of type Falcon 900

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

Republic of Gabon

AIR ASTANA (3)

AK-0388-09

KZR

Kazakhstan

All fleet with the exception of: 2 aircraft of type B767; 4 aircraft of type B757; 10 aircraft of type A319/320/321; 5 aircraft of type Fokker 50

All fleet with the exception of: P4-KCA, P4-KCB; P4-EAS, P4-FAS, P4-GAS, P4-MAS; P4-NAS, P4-OAS, P4-PAS, P4-SAS, P4-TAS, P4-UAS, P4-VAS, P4-WAS, P4-YAS, P4-XAS; P4-HAS, P4-IAS, P4-JAS, P4-KAS, P4-LAS

Aruba (Kingdom of the Netherlands)

AIR BANGLADESH

17

BGD

Bangladesh

B747-269B

S2-ADT

Bangladesh

AIR SERVICE COMORES

06-819/TA-15/DGACM

KMD

Comoros

All fleet with the exception of: LET 410 UVP

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

Comoros

GABON AIRLINES (4)

CTA 0001/MTAC/ANAC

GBK

Republic of Gabon

All fleet with the exception of: 1 aircraft of type Boeing B-767-200

All fleet with the exception of: TR-LHP

Republic of Gabon

NOUVELLE AIR AFFAIRES GABON (SN2AG)

CTA 0003/MTAC/ANAC-G/DSA

NVS

Republic of Gabon

All fleet with the exception of: 1 aircraft of type Challenger; CL601 1 aircraft of type HS-125-800

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

Republic of Gabon; Republic of South Africa

TAAG ANGOLA AIRLINES (5)

001

DTA

Republic of Angola

All fleet with the exception of: 3 aircraft of type Boeing B-777 and 4 aircraft of type Boeing B-737-700

All fleet with the exception of: D2-TED, D2-TEE, D2-TEF, D2-TBF, D2, TBG, D2-TBG, D2-TBJ

Republic of Angola

UKRAINIAN MEDITERRANEAN

164

UKM

Ukraine

All fleet with the exception of one aircraft of type MD-83

All fleet with the exception of: UR-CFF

Ukraine

---

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

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

(3)  Air Astana is only allowed to use the specific aircraft mentioned for its current operations within the European Community.

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

(5)  TAAG Angola Airlines is allowed to operate only to Portugal using the specific aircraft under the conditions set out in recitals (58) and (59) of this Regulation.

---

| 27.11.2009 | EN | Official Journal of the European Union | L 312/38 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/38

---

COMMISSION REGULATION (EC) No 1145/2009

of 26 November 2009

establishing a prohibition of fishing for deep-sea sharks in Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII, VIII and IX by vessels flying the flag of Spain

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

| (1) | Council Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (3) lays down quotas for 2009 and 2010. |
| --- | --- |

(1)

Council Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (3) lays down quotas for 2009 and 2010.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of, or registered in, the Member State referred to therein have exhausted the quota allocated for 2009. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of, or registered in, the Member State referred to therein have exhausted the quota allocated for 2009.

| (3) | It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated for 2009 to the Member State referred to in the Annex to this Regulation for the stock referred to therein shall be deemed to be exhausted from the date stated in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of, or registered in, the Member State referred to therein shall be prohibited from the date stated in that Annex. After that date it shall also be prohibited to retain on board, tranship or land such stock caught by those vessels.

Article 3

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 26 November 2009.

For the Commission

Fokion FOTIADIS

Director-General for Maritime Affairs and Fisheries

---

(1)  
  OJ L 358, 31.12.2002, p. 59.

1

(2)  
  OJ L 261, 20.10.1993, p. 1.

2

(3)  
  OJ L 352, 31.12.2008, p. 1.

3

---

ANNEX

| No | 8/DSS |
| --- | --- |
| Member State | Spain |
| Stock | DWS/56789- |
| Species | Deep-sea sharks |
| Area | Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII, VIII and IX |
| Date | 17 October 2009 |

No

8/DSS

Member State

Spain

Stock

DWS/56789-

Species

Deep-sea sharks

Area

Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII, VIII and IX

Date

17 October 2009

---

| 27.11.2009 | EN | Official Journal of the European Union | L 312/40 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/40

---

COMMISSION REGULATION (EC) No 1146/2009

of 26 November 2009

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,

Whereas:

| (1) | The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/10 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EC) No 1104/2009 (4). |
| --- | --- |

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/10 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EC) No 1104/2009 (4).

| (2) | The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
| --- | --- |

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 877/2009 for the 2009/10, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 27 November 2009.

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

Done at Brussels, 26 November 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 178, 1.7.2006, p. 24.

2

(3)  
  OJ L 253, 25.9.2009, p. 3.

3

(4)  
  OJ L 303, 18.11.2009, p. 62.

4

---

ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 27 November 2009

| (EUR) |
| --- |
| CN code | Representative price per 100 kg net of the product concerned | Additional duty per 100 kg net of the product concerned |
| 1701 11 10  (1) | 34,42 | 0,96 |
| 1701 11 90  (1) | 34,42 | 4,58 |
| 1701 12 10  (1) | 34,42 | 0,82 |
| 1701 12 90  (1) | 34,42 | 4,28 |
| 1701 91 00  (2) | 40,56 | 5,30 |
| 1701 99 10  (2) | 40,56 | 2,17 |
| 1701 99 90  (2) | 40,56 | 2,17 |
| 1702 90 95  (3) | 0,41 | 0,27 |

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10  (1)

34,42

0,96

1701 11 90  (1)

34,42

4,58

1701 12 10  (1)

34,42

0,82

1701 12 90  (1)

34,42

4,28

1701 91 00  (2)

40,56

5,30

1701 99 10  (2)

40,56

2,17

1701 99 90  (2)

40,56

2,17

1702 90 95  (3)

0,41

0,27

---

(1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3)  Per 1 % sucrose content.

---

| 27.11.2009 | EN | Official Journal of the European Union | L 312/42 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/42

---

COMMISSION REGULATION (EC) No 1147/2009

of 26 November 2009

fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 676/2009

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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), and in particular Article 144(1) in conjunction with Article 4 thereof,

Whereas:

| (1) | An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened by Commission Regulation (EC) No 676/2009 (2). |
| --- | --- |

(1)

An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened by Commission Regulation (EC) No 676/2009 (2).

| (2) | Under Article 8 of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) the Commission, in accordance the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 7 and 8 of Regulation (EC) No 1296/2008 must be taken into account. |
| --- | --- |

(2)

Under Article 8 of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) the Commission, in accordance the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 7 and 8 of Regulation (EC) No 1296/2008 must be taken into account.

| (3) | A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty. |
| --- | --- |

(3)

A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.

| (4) | The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair, |
| --- | --- |

(4)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

HAS ADOPTED THIS REGULATION:

Article 1

For tenders lodged from 13 November to 26 November 2009 under the invitation to tender issued in Regulation (EC) No 676/2009, the maximum reduction in the duty on maize imported shall be 15,49 EUR/t for a total maximum quantity of 25 500 t.

Article 2

This Regulation shall enter into force on 27 November 2009.

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

Done at Brussels, 26 November 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 196, 28.7.2009, p. 6.

2

(3)  
  OJ L 340, 19.12.2008, p. 57.

3

---

| 27.11.2009 | EN | Official Journal of the European Union | L 312/43 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/43

---

COMMISSION REGULATION (EC) No 1148/2009

of 26 November 2009

concerning tenders lodged under the invitation to tender for the import of maize issued in Regulation (EC) No 677/2009

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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), and in particular Article 144(1) in conjunction with Article 4 thereof,

Whereas:

| (1) | An invitation to tender for the maximum reduction in the duty on maize imported into Portugal from third countries was opened by Commission Regulation (EC) No 677/2009 (2). |
| --- | --- |

(1)

An invitation to tender for the maximum reduction in the duty on maize imported into Portugal from third countries was opened by Commission Regulation (EC) No 677/2009 (2).

| (2) | Under Article 8 of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) the Commission, in accordance with the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to make no award. |
| --- | --- |

(2)

Under Article 8 of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) the Commission, in accordance with the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to make no award.

| (3) | On the basis of the criteria laid down in Articles 7 and 8 of Regulation (EC) No 1296/2008 a maximum reduction in the duty should not be fixed. |
| --- | --- |

(3)

On the basis of the criteria laid down in Articles 7 and 8 of Regulation (EC) No 1296/2008 a maximum reduction in the duty should not be fixed.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

No award shall be made for the tenders lodged from 13 November to 26 November 2009 under the invitation to tender for the reduction in the duty on imported maize issued in Regulation (EC) No 677/2009.

Article 2

This Regulation shall enter into force on 27 November 2009.

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

Done at Brussels, 26 November 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 196, 28.7.2009, p. 7.

2

(3)  
  OJ L 340, 19.12.2008, p. 57.

3

---

DIRECTIVES

| 27.11.2009 | EN | Official Journal of the European Union | L 312/44 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/44

---

COMMISSION DIRECTIVE 2009/145/EC

of 26 November 2009

providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (1), and in particular Article 4(4), Article 44(2), and Article 48(1)(b) thereof,

Whereas:

| (1) | The questions of biodiversity and the conservation of plant genetic resources have grown in importance in recent years, as shown by different developments at international and Community level. Examples include Council Decision 93/626/EEC of 25 October 1993 concerning the conclusion of the Convention on Biological Diversity (2), Council Decision 2004/869/EC of 24 February 2004 concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture (3), Council Regulation (EC) No 870/2004 of 24 April 2004 establishing a Community programme on the conservation, characterisation, collection and utilisation of genetic resources in agriculture and repealing Regulation (EC) No 1467/94 (4) and Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (5). Specific conditions should be established under Directive 2002/55/EC in order to take account of these issues as regards the marketing of vegetable seed. |
| --- | --- |

(1)

The questions of biodiversity and the conservation of plant genetic resources have grown in importance in recent years, as shown by different developments at international and Community level. Examples include Council Decision 93/626/EEC of 25 October 1993 concerning the conclusion of the Convention on Biological Diversity (2), Council Decision 2004/869/EC of 24 February 2004 concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture (3), Council Regulation (EC) No 870/2004 of 24 April 2004 establishing a Community programme on the conservation, characterisation, collection and utilisation of genetic resources in agriculture and repealing Regulation (EC) No 1467/94 (4) and Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (5). Specific conditions should be established under Directive 2002/55/EC in order to take account of these issues as regards the marketing of vegetable seed.

| (2) | In order to ensure in situ conservation and the sustainable use of plant genetic resources, landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion (conservation varieties) should be grown and marketed even where they do not comply with the general requirements as regards the acceptance of varieties and the marketing of seed. In addition to the general aim of protecting plant genetic resources, the particular interest of preserving these varieties lies in the fact that they are especially well adapted to particular local conditions. |
| --- | --- |

(2)

In order to ensure in situ conservation and the sustainable use of plant genetic resources, landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion (conservation varieties) should be grown and marketed even where they do not comply with the general requirements as regards the acceptance of varieties and the marketing of seed. In addition to the general aim of protecting plant genetic resources, the particular interest of preserving these varieties lies in the fact that they are especially well adapted to particular local conditions.

| (3) | In order to ensure the sustainable use of plant genetic resources, varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions (varieties developed for growing under particular conditions) should be grown and marketed even where they do not comply with the general requirements as regards the acceptance of varieties and the marketing of seed. In addition to the general aim of protecting plant genetic resources, the particular interest of preserving these varieties lies in the fact that they are apt to be grown under particular climatic, pedological or agro-technical conditions (such as manual care, repeated harvesting). |
| --- | --- |

(3)

In order to ensure the sustainable use of plant genetic resources, varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions (varieties developed for growing under particular conditions) should be grown and marketed even where they do not comply with the general requirements as regards the acceptance of varieties and the marketing of seed. In addition to the general aim of protecting plant genetic resources, the particular interest of preserving these varieties lies in the fact that they are apt to be grown under particular climatic, pedological or agro-technical conditions (such as manual care, repeated harvesting).

| (4) | In order to preserve conservation varieties and varieties developed for growing under particular conditions, it is necessary to provide for derogations as regards the acceptance of those varieties as well as for the production and marketing of seed of those varieties. |
| --- | --- |

(4)

In order to preserve conservation varieties and varieties developed for growing under particular conditions, it is necessary to provide for derogations as regards the acceptance of those varieties as well as for the production and marketing of seed of those varieties.

| (5) | Those derogations should concern the substantive requirements for the acceptance of a variety and the procedural requirements provided for in Commission Directive 2003/91/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species (6). |
| --- | --- |

(5)

Those derogations should concern the substantive requirements for the acceptance of a variety and the procedural requirements provided for in Commission Directive 2003/91/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species (6).

| (6) | Member States should, in particular, be authorised to adopt their own provisions as regards distinctness, stability and uniformity. These provisions should, as regards distinctness and stability, at least be based on the characteristics listed in the technical questionnaire to be completed by the applicant in connection with the application for the acceptance of the variety as referred to in Annexes I and II to Directive 2003/91/EC. Where uniformity is established on the basis of off-types, the provisions should be based on defined standards. |
| --- | --- |

(6)

Member States should, in particular, be authorised to adopt their own provisions as regards distinctness, stability and uniformity. These provisions should, as regards distinctness and stability, at least be based on the characteristics listed in the technical questionnaire to be completed by the applicant in connection with the application for the acceptance of the variety as referred to in Annexes I and II to Directive 2003/91/EC. Where uniformity is established on the basis of off-types, the provisions should be based on defined standards.

| (7) | Procedural requirements should be provided for under which a conservation variety or a variety developed for growing under particular conditions may be accepted without official examination. Furthermore, as regards the denomination of those varieties, it is necessary to provide for certain derogations from the requirements laid down in Directive 2002/55/EC and Commission Regulation (EC) No 637/2009 of 22 July 2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species (7). |
| --- | --- |

(7)

Procedural requirements should be provided for under which a conservation variety or a variety developed for growing under particular conditions may be accepted without official examination. Furthermore, as regards the denomination of those varieties, it is necessary to provide for certain derogations from the requirements laid down in Directive 2002/55/EC and Commission Regulation (EC) No 637/2009 of 22 July 2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species (7).

| (8) | As regards conservation varieties, restrictions should be provided for concerning the production and marketing of seed, in particular regarding the region of origin, to ensure that the marketing of the seed takes places in the context of conservation in situ and the sustainable use of plant genetic resources. In this context, Member States should have the possibility to approve additional regions where seed exceeding the quantities necessary to ensure the conservation of the variety concerned in its region of origin may be marketed provided that those additional regions are comparable as regards natural and semi-natural habitats. To ensure that the link with the region of origin is preserved, this should not apply where a Member State has approved additional regions of production. |
| --- | --- |

(8)

As regards conservation varieties, restrictions should be provided for concerning the production and marketing of seed, in particular regarding the region of origin, to ensure that the marketing of the seed takes places in the context of conservation in situ and the sustainable use of plant genetic resources. In this context, Member States should have the possibility to approve additional regions where seed exceeding the quantities necessary to ensure the conservation of the variety concerned in its region of origin may be marketed provided that those additional regions are comparable as regards natural and semi-natural habitats. To ensure that the link with the region of origin is preserved, this should not apply where a Member State has approved additional regions of production.

| (9) | Quantitative restrictions should be fixed for the marketing of each conservation variety and each variety developed for growing under particular conditions. |
| --- | --- |

(9)

Quantitative restrictions should be fixed for the marketing of each conservation variety and each variety developed for growing under particular conditions.

| (10) | In the case of conservation varieties, the quantities of seed placed on the market for each variety should not exceed the quantity necessary to produce vegetable of the variety concerned on a limited surface fixed according to the importance of the cultivation of the species concerned. To make sure that these quantities are respected, Member States should require producers to notify the quantities of seed of conservation varieties that they intend to produce and should allocate quantities to producers where appropriate. |
| --- | --- |

(10)

In the case of conservation varieties, the quantities of seed placed on the market for each variety should not exceed the quantity necessary to produce vegetable of the variety concerned on a limited surface fixed according to the importance of the cultivation of the species concerned. To make sure that these quantities are respected, Member States should require producers to notify the quantities of seed of conservation varieties that they intend to produce and should allocate quantities to producers where appropriate.

| (11) | For varieties developed for growing under particular conditions, quantitative restrictions should take the form of requiring seed to be marketed in small packages, the relatively high cost of the seed sold in small packages having the effect of a quantitative limitation. |
| --- | --- |

(11)

For varieties developed for growing under particular conditions, quantitative restrictions should take the form of requiring seed to be marketed in small packages, the relatively high cost of the seed sold in small packages having the effect of a quantitative limitation.

| (12) | For conservation varieties and for varieties developed for growing under particular conditions, the traceability of seed should be ensured through appropriate sealing and labelling requirements. |
| --- | --- |

(12)

For conservation varieties and for varieties developed for growing under particular conditions, the traceability of seed should be ensured through appropriate sealing and labelling requirements.

| (13) | To ensure that this Directive is correctly applied seed crops of conservation varieties and of varieties developed for growing under particular conditions should comply with specific conditions with respect to certification and verification of seed. Official post controls should be carried out on the seed. Official monitoring should be performed at all stages of production and marketing. Amounts of seed of conservation varieties placed on the market should be reported by suppliers to the Member States and by the Member States to the Commission. |
| --- | --- |

(13)

To ensure that this Directive is correctly applied seed crops of conservation varieties and of varieties developed for growing under particular conditions should comply with specific conditions with respect to certification and verification of seed. Official post controls should be carried out on the seed. Official monitoring should be performed at all stages of production and marketing. Amounts of seed of conservation varieties placed on the market should be reported by suppliers to the Member States and by the Member States to the Commission.

| (14) | After 3 years the Commission should assess whether the measures provided for in this Directive, in particular the provisions concerning quantitative restrictions for the marketing of seed of conservation varieties and of varieties developed for growing under particular conditions, are effective. |
| --- | --- |

(14)

After 3 years the Commission should assess whether the measures provided for in this Directive, in particular the provisions concerning quantitative restrictions for the marketing of seed of conservation varieties and of varieties developed for growing under particular conditions, are effective.

| (15) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, |
| --- | --- |

(15)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

Subject matter and definitions

Article 1

Subject matter

1.   As regards the vegetable species covered by Directive 2002/55/EC, this Directive lays down certain derogations, in relation to the conservation in situ and the sustainable use of plant genetic resources through growing and marketing:

| (a) | for acceptance for inclusion in the national catalogues of varieties of vegetable species, as provided for in Directive 2002/55/EC, of landraces and varieties which have been traditionally grown in particular localities and regions and threatened by genetic erosion, hereinafter ‘conservation varieties’; and |
| --- | --- |

(a)

for acceptance for inclusion in the national catalogues of varieties of vegetable species, as provided for in Directive 2002/55/EC, of landraces and varieties which have been traditionally grown in particular localities and regions and threatened by genetic erosion, hereinafter ‘conservation varieties’; and

| (b) | for acceptance for inclusion in the catalogues referred to in point (a) of varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions, hereinafter ‘varieties developed for growing under particular conditions’; and |
| --- | --- |

(b)

for acceptance for inclusion in the catalogues referred to in point (a) of varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions, hereinafter ‘varieties developed for growing under particular conditions’; and

| (c) | for the marketing of seed of such conservation varieties and varieties developed for growing under particular conditions. |
| --- | --- |

(c)

for the marketing of seed of such conservation varieties and varieties developed for growing under particular conditions.

2.   Unless otherwise provided in this Directive, Directive 2002/55/EC shall apply.

Article 2

Definitions

For the purposes of this Directive the following definitions shall apply:

| (a) | ‘conservation in situ’ means the conservation of genetic material in its natural surroundings and, in the case of cultivated plant species, in the farmed environment where they have developed their distinctive properties; |
| --- | --- |

(a)

‘conservation in situ’ means the conservation of genetic material in its natural surroundings and, in the case of cultivated plant species, in the farmed environment where they have developed their distinctive properties;

in situ

| (b) | ‘genetic erosion’ means loss of genetic diversity between and within populations or varieties of the same species over time, or reduction of the genetic basis of a species due to human intervention or environmental change; |
| --- | --- |

(b)

‘genetic erosion’ means loss of genetic diversity between and within populations or varieties of the same species over time, or reduction of the genetic basis of a species due to human intervention or environmental change;

| (c) | ‘landrace’ means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region. |
| --- | --- |

(c)

‘landrace’ means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region.

CHAPTER II

Conservation varieties

Section I

Acceptance of conservation varieties

Article 3

Conservation varieties

1.   Member States may accept conservation varieties subject to the requirements provided for in Articles 4 and 5.

2.   Conservation varieties shall be accepted as follows:

| (a) | Member States may accept a variety as a variety whose seed may either be certified as ‘certified seed of a conservation variety’ or verified as ‘standard seed of a conservation variety’. Such a variety shall be entered into the common catalogue of varieties of vegetable species as a ‘conservation variety whose seed shall be certified in accordance with Article 10 of Commission Directive 2009/145/EC or verified in accordance with Article 11 of that Directive’; |
| --- | --- |

(a)

Member States may accept a variety as a variety whose seed may either be certified as ‘certified seed of a conservation variety’ or verified as ‘standard seed of a conservation variety’. Such a variety shall be entered into the common catalogue of varieties of vegetable species as a ‘conservation variety whose seed shall be certified in accordance with Article 10 of Commission Directive 2009/145/EC or verified in accordance with Article 11 of that Directive’;

| (b) | Member States may accept a variety as a variety whose seed may only be verified as ‘standard seed of a conservation variety’. Such a variety shall be entered into the common catalogue of varieties of vegetable species as a ‘conservation variety whose seed shall be verified in accordance with Article 11 of Commission Directive 2009/145/EC’. |
| --- | --- |

(b)

Member States may accept a variety as a variety whose seed may only be verified as ‘standard seed of a conservation variety’. Such a variety shall be entered into the common catalogue of varieties of vegetable species as a ‘conservation variety whose seed shall be verified in accordance with Article 11 of Commission Directive 2009/145/EC’.

Article 4

Substantive requirements

1.   In order to be accepted as a conservation variety, a landrace or variety referred to in Article 1(1)(a) shall present an interest for the conservation of plant genetic resources.

2.   By way of derogation from Article 1(2) of Directive 2003/91/EC, Member States may adopt their own provisions as regards distinctness, stability and uniformity of conservation varieties.

In such cases Member States shall ensure that for distinctness and stability at least the characteristics shall apply which are referred to in:

| (a) | the technical questionnaires associated with the test protocols of the Community Plant Variety Office (CPVO), for the species listed in Annex I to Directive 2003/91/EC, which apply to those species; or |
| --- | --- |

(a)

the technical questionnaires associated with the test protocols of the Community Plant Variety Office (CPVO), for the species listed in Annex I to Directive 2003/91/EC, which apply to those species; or

| (b) | the technical questionnaires of the Guidelines of the International Union for the Protection of New Varieties of Plants (UPOV), for the species listed in Annex II to Directive 2003/91/EC, which apply to those species. |
| --- | --- |

(b)

the technical questionnaires of the Guidelines of the International Union for the Protection of New Varieties of Plants (UPOV), for the species listed in Annex II to Directive 2003/91/EC, which apply to those species.

For the assessment of uniformity, Directive 2003/91/EC shall apply.

However, if the uniformity level is established on the basis of off-types, a population standard of 10 % and an acceptance probability of at least 90 % shall be applied.

Article 5

Procedural requirements

By way of derogation from the first sentence of Article 7(1) of Directive 2002/55/EC, no official examination shall be required if the following information is sufficient for the decision on the acceptance of the conservation varieties:

| (a) | the description of the conservation variety and its denomination; |
| --- | --- |

(a)

the description of the conservation variety and its denomination;

| (b) | the results of unofficial tests; |
| --- | --- |

(b)

the results of unofficial tests;

| (c) | knowledge gained from practical experience during cultivation, reproduction and use as notified by the applicant to the Member State concerned; |
| --- | --- |

(c)

knowledge gained from practical experience during cultivation, reproduction and use as notified by the applicant to the Member State concerned;

| (d) | other information, in particular from the plant genetic resource authorities or from organisations recognised for this purpose by the Member States. |
| --- | --- |

(d)

other information, in particular from the plant genetic resource authorities or from organisations recognised for this purpose by the Member States.

Article 6

Exclusion of acceptance

A conservation variety shall not be accepted for inclusion in the national catalogue of varieties if:

| (a) | it is already listed in the common catalogue of varieties of vegetable species as a variety other than a conservation variety, or it was deleted from that common catalogue within the last 2 years, or the period granted under Article 15(2) of Directive 2002/55/EC expired less than 2 years ago; or |
| --- | --- |

(a)

it is already listed in the common catalogue of varieties of vegetable species as a variety other than a conservation variety, or it was deleted from that common catalogue within the last 2 years, or the period granted under Article 15(2) of Directive 2002/55/EC expired less than 2 years ago; or

| (b) | it is protected by a Community plant variety right, as provided for in Council Regulation (EC) No 2100/94 (8), or by a national plant variety right, or an application for such a right is pending. |
| --- | --- |

(b)

it is protected by a Community plant variety right, as provided for in Council Regulation (EC) No 2100/94 (8), or by a national plant variety right, or an application for such a right is pending.

8

Article 7

Denomination

1.   With respect to denominations of conservation varieties which were known before 25 May 2000, Member States may permit derogations from Regulation (EC) No 637/2009, except where such derogations would violate prior rights of a third party which are protected under Article 2 of that Regulation.

2.   Notwithstanding Article 9(2) of Directive 2002/55/EC, Member States may accept more than one name for a variety if the names concerned are historically known.

Article 8

Region of origin

1.   When a Member State accepts a conservation variety, it shall identify the locality or localities, region or regions, in which the variety has historically been grown and to which it is naturally adapted, hereinafter ‘region of origin’. It shall take into account information from plant genetic resource authorities or from organisations recognised for that purpose by the Member States.

Where the region of origin is located in more than one Member States, it shall be identified by all Member States concerned by common accord.

2.   The Member State or Member States performing the identification of the region of origin shall notify the identified region to the Commission.

Article 9

Maintenance

Member States shall ensure that a conservation variety must be maintained in its region of origin.

Section II

Seed production and marketing of conservation varieties

Article 10

Certification

By way of derogation from Article 20 of Directive 2002/55/EC, Member States may provide that seed of a conservation variety may be certified as certified seed of a conservation variety if it meets the following requirements:

| (a) | the seed descends from seed produced according to well defined practices for the maintenance of the variety; |
| --- | --- |

(a)

the seed descends from seed produced according to well defined practices for the maintenance of the variety;

| (b) | the seed complies with the requirements for certification of ‘certified seed’ provided for in Article 2(1)(d) of Directive 2002/55/EC, with the exception of the requirements in respect of minimal varietal purity and the requirements concerning official examination or examination under official supervision; |
| --- | --- |

(b)

the seed complies with the requirements for certification of ‘certified seed’ provided for in Article 2(1)(d) of Directive 2002/55/EC, with the exception of the requirements in respect of minimal varietal purity and the requirements concerning official examination or examination under official supervision;

| (c) | the seed has sufficient varietal purity. |
| --- | --- |

(c)

the seed has sufficient varietal purity.

Article 11

Verification

By way of derogation from Article 20 of Directive 2002/55/EC, Member States may provide that seed of a conservation variety may be verified as standard seed of a conservation variety if it meets the following requirements:

| (a) | the seed complies with the requirements for the marketing of ‘standard seed’ provided for in Directive 2002/55/EC, with the exception of the requirements in respect of minimal varietal purity; |
| --- | --- |

(a)

the seed complies with the requirements for the marketing of ‘standard seed’ provided for in Directive 2002/55/EC, with the exception of the requirements in respect of minimal varietal purity;

| (b) | the seed has sufficient varietal purity. |
| --- | --- |

(b)

the seed has sufficient varietal purity.

Article 12

Seed testing

1.   Member States shall ensure that tests are carried out to check that seed of conservation varieties complies with the requirements provided for in Articles 10 and 11.

2.   The tests referred to in paragraph 1 shall be carried out in accordance with current international methods, or, where such methods do not exist, in accordance with any appropriate methods.

3.   Member States shall ensure that samples taken for the tests referred to in paragraph 1 are drawn from homogeneous lots. They shall ensure that the rules on lot weight and sample weight provided for in Article 25(2) of Directive 2002/55/EC are applied.

Article 13

Region of seed production

1.   Member States shall ensure that seed of a conservation variety may only be produced in the region of origin.

If the seed cannot be produced in that region, due to a specific environmental problem, Member States may approve additional regions for seed production taking into account information from plant genetic resource authorities or from organisations recognised for this purpose by the Member States. However, seed produced in those additional regions shall be used exclusively in the region of origin.

2.   Member States shall notify to the Commission and to the other Member States the additional regions which they intend to approve for seed production pursuant to paragraph 1.

The Commission and the other Member States may, within 20 working days from receipt of those notifications, request the matter to be referred to the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry. A decision shall be taken in accordance with Article 48(1)(b) of Directive 2002/55/EC, to lay down, if necessary, restrictions or conditions for the designation of such regions.

If neither the Commission nor other Member States make a request under the second subparagraph, the Member State in question may approve the additional regions for seed production as notified.

Article 14

Marketing conditions

1.   Member States shall ensure that seed of a conservation variety may only be marketed subject to the following conditions:

| (a) | it has been produced in its region of origin or in a region referred to in Article 13; |
| --- | --- |

(a)

it has been produced in its region of origin or in a region referred to in Article 13;

| (b) | marketing takes place in its region of origin. |
| --- | --- |

(b)

marketing takes place in its region of origin.

2.   By way of derogation from paragraph 1(b), a Member State may approve additional regions in its own territory for the marketing of seed of a conservation variety provided that those regions are comparable to the region of origin as regards the natural and semi-natural habitats of that variety.

Where Member States approve such additional regions, they shall ensure that the amount of seed necessary for the production of at least the quantity of seed referred to in Article 15 is reserved to conserve the variety in its region of origin.

The Member States shall inform the Commission and the other Member States of the approval of such additional regions.

3.   Where a Member State approves additional regions for seed production in accordance with Article 13, it shall not use the derogation provided for in paragraph 2 of this Article.

Article 15

Quantitative restrictions

Each Member State shall ensure that, for each conservation variety, the quantity of seed marketed per year does not exceed the quantity necessary for producing vegetables on the number of hectares set out in Annex I for the respective species.

Article 16

Application of quantitative restrictions

1.   Member States shall ensure that producers notify them before the beginning of each production season of the size and the location of the area for the seed production.

2.   If, based on the notifications referred to in paragraph 1, the quantities laid down by the Member States in accordance with Article 15 are likely to be exceeded, Member States shall allocate to each producer concerned the quantity it may market in the respective production season.

Article 17

Sealing of packages

1.   Member States shall ensure that seed of conservation varieties may be marketed only in closed packages bearing a sealing device.

2.   Seed packages shall be sealed by the supplier in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on the supplier’s label or on the package.

3.   In order to ensure sealing in accordance with paragraph 2, the sealing system shall comprise at least the label or the affixing of a seal.

Article 18

Labelling

Member States shall ensure that packages or containers of seed of conservation varieties bear a supplier’s label or a printed or stamped notice including the following information:

| (a) | the words ‘EC rules and standards’; |
| --- | --- |

(a)

the words ‘EC rules and standards’;

| (b) | the name and address of the person responsible for affixing the labels or his identification mark; |
| --- | --- |

(b)

the name and address of the person responsible for affixing the labels or his identification mark;

| (c) | the year of sealing expressed as: ‘sealed ...’ (year), or the year of the last sampling for the purposes of the last testing of germination expressed as: ‘sampled ...’ (year); |
| --- | --- |

(c)

the year of sealing expressed as: ‘sealed ...’ (year), or the year of the last sampling for the purposes of the last testing of germination expressed as: ‘sampled ...’ (year);

| (d) | the species; |
| --- | --- |

(d)

the species;

| (e) | the denomination of the conservation variety; |
| --- | --- |

(e)

the denomination of the conservation variety;

| (f) | the words ‘certified seed of a conservation variety’ or ‘standard seed of a conservation variety’; |
| --- | --- |

(f)

the words ‘certified seed of a conservation variety’ or ‘standard seed of a conservation variety’;

| (g) | the region of origin; |
| --- | --- |

(g)

the region of origin;

| (h) | where the region of seed production is different from the region of origin, the indication of the region of seed production; |
| --- | --- |

(h)

where the region of seed production is different from the region of origin, the indication of the region of seed production;

| (i) | the reference number of the lot given by the person responsible for affixing the labels; |
| --- | --- |

(i)

the reference number of the lot given by the person responsible for affixing the labels;

| (j) | the declared net or gross weight, or declared number of seeds; |
| --- | --- |

(j)

the declared net or gross weight, or declared number of seeds;

| (k) | where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters or pure seeds and the total weight. |
| --- | --- |

(k)

where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters or pure seeds and the total weight.

Article 19

Official post control

Member States shall ensure that the seed of a conservation variety marketed under this Directive is subject to official post control by random inspections to verify its varietal identity and varietal purity.

The official post control referred to in paragraph 1 shall be carried out in accordance with current international methods, or, where such methods do not exist, in accordance with any appropriate methods.

Article 20

Monitoring

Member States shall ensure by official monitoring during production and marketing that the seed complies with this Chapter, paying particular attention to the variety, locations of the seed production and quantities.

CHAPTER III

Varieties developed for growing under particular conditions

Section I

Acceptance of varieties developed for growing under particular conditions

Article 21

Varieties developed for growing under particular conditions

1.   Member States may accept varieties developed for growing under particular conditions subject to the requirements provided for in Articles 22 and 23.

2.   Member States may accept a variety developed for growing under particular conditions as a variety whose seed may only be verified as ‘standard seed of a variety developed for growing under particular conditions’. Such a variety shall be entered into the common catalogue of varieties of vegetable species as a ‘variety developed for growing under particular conditions whose seed shall be verified in accordance with Article 26 of Commission Directive 2009/145/EC’.

Article 22

Substantive requirements

1.   In order to be accepted as a variety developed for growing under particular conditions, as referred to in Article 1(1)(b), a variety shall be with no intrinsic value for commercial crop production but developed for growing under particular conditions.

A variety shall be considered as having been developed for growing under particular conditions if it has been developed for growing under particular agro-technical, climatic or pedological conditions.

2.   By way of derogation from Article 1(2) of Directive 2003/91/EC, Member States may adopt their own provisions as regards distinctness, stability and uniformity of varieties developed for growing under particular conditions.

In such cases Member States shall ensure that for distinctness and stability at least the characteristics shall apply which are referred to in:

| (a) | the technical questionnaires associated with the test protocols of the Community Plant Variety Office (CPVO), for the species listed in Annex I to Directive 2003/91/EC, which apply to those species; or |
| --- | --- |

(a)

the technical questionnaires associated with the test protocols of the Community Plant Variety Office (CPVO), for the species listed in Annex I to Directive 2003/91/EC, which apply to those species; or

| (b) | the technical questionnaires of the Guidelines of the International Union for the Protection of New Varieties of Plants (UPOV), for the species listed in Annex II to Directive 2003/91/EC, which apply to those species. |
| --- | --- |

(b)

the technical questionnaires of the Guidelines of the International Union for the Protection of New Varieties of Plants (UPOV), for the species listed in Annex II to Directive 2003/91/EC, which apply to those species.

For the assessment of uniformity, Directive 2003/91/EC shall apply.

However, if the uniformity level is established on the basis of off-types, a population standard of 10 % and an acceptance probability of at least 90 % shall be applied.

Article 23

Procedural requirements

By way of derogation from the first sentence of Article 7(1) of Directive 2002/55/EC, no official examination shall be required if the following information is sufficient for the decision on the acceptance of the varieties developed for growing under particular conditions:

| (a) | the description of the variety developed for growing under particular conditions and its denomination; |
| --- | --- |

(a)

the description of the variety developed for growing under particular conditions and its denomination;

| (b) | the results of unofficial tests; |
| --- | --- |

(b)

the results of unofficial tests;

| (c) | knowledge gained from practical experience during cultivation, reproduction and use, as notified by the applicant to the Member State concerned; |
| --- | --- |

(c)

knowledge gained from practical experience during cultivation, reproduction and use, as notified by the applicant to the Member State concerned;

| (d) | other information, in particular from the plant genetic resource authorities or from organisations recognised for this purpose by the Member States. |
| --- | --- |

(d)

other information, in particular from the plant genetic resource authorities or from organisations recognised for this purpose by the Member States.

Article 24

Exclusion of acceptance

A variety developed for growing under particular conditions shall not be accepted for inclusion in the national catalogue of varieties if:

| (a) | it is already listed in the common catalogue of varieties of vegetable species as a variety other than a variety developed for growing under particular conditions, or it was deleted from that common catalogue of varieties of vegetable species within the last 2 years, or the period granted under Article 15(2) of Directive 2002/55/EC expired less than 2 years ago; or |
| --- | --- |

(a)

it is already listed in the common catalogue of varieties of vegetable species as a variety other than a variety developed for growing under particular conditions, or it was deleted from that common catalogue of varieties of vegetable species within the last 2 years, or the period granted under Article 15(2) of Directive 2002/55/EC expired less than 2 years ago; or

| (b) | it is protected by a Community plant variety right, as provided for in Regulation (EC) No 2100/94, by a national plant variety right, or if an application for such rights is pending. |
| --- | --- |

(b)

it is protected by a Community plant variety right, as provided for in Regulation (EC) No 2100/94, by a national plant variety right, or if an application for such rights is pending.

Article 25

Denomination

1.   With respect to denominations of varieties developed for growing under particular conditions which were known before 25 May 2000, Member States may permit derogations from Regulation (EC) No 637/2009, except where such derogations would violate prior rights of a third party which are protected under Article 2 of that Regulation.

2.   Notwithstanding Article 9(2) of Directive 2002/55/EC, Member States may accept more than one name for a variety if the names concerned are historically known.

Section II

Marketing of seed of varieties developed for growing under particular conditions

Article 26

Verification

By way of derogation from Article 20 of Directive 2002/55/EC, Member States may provide that seed of a variety developed for growing under particular conditions may be verified as standard seed of a variety developed for growing under particular conditions if it meets the following requirements:

| (a) | the seed complies with the requirements for the marketing of ‘standard seed’ provided for in Directive 2002/55/EC, with the exception of the requirements in respect of minimal varietal purity; |
| --- | --- |

(a)

the seed complies with the requirements for the marketing of ‘standard seed’ provided for in Directive 2002/55/EC, with the exception of the requirements in respect of minimal varietal purity;

| (b) | the seed has sufficient varietal purity. |
| --- | --- |

(b)

the seed has sufficient varietal purity.

Article 27

Seed testing

1.   Member States shall ensure that tests are carried out to check that seed of varieties developed for growing under particular conditions complies with the requirements provided for in Article 26.

2.   The tests referred to in paragraph 1 shall be carried out in accordance with current international methods, or, where such methods do not exist, in accordance with any appropriate methods.

Article 28

Quantitative restrictions

Member States shall ensure that seed of varieties developed for growing under particular conditions is marketed in small packages, not exceeding the maximum net weight set out per species in Annex II.

Article 29

Sealing of packages

1.   Member States shall ensure that seed of varieties developed for growing under particular conditions may be marketed only in closed packages bearing a sealing device.

2.   Seed packages shall be sealed by the supplier in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on the supplier’s label or on the package.

3.   In order to ensure sealing in accordance with paragraph 2, the sealing system shall comprise at least the label or the affixing of a seal.

Article 30

Labelling

Member States shall ensure that packages of seed of varieties developed for growing under particular conditions bear a supplier’s label or a printed or stamped notice including the following information:

| (a) | the words ‘EC rules and standards’; |
| --- | --- |

(a)

the words ‘EC rules and standards’;

| (b) | the name and address of the person responsible for affixing the labels or his identification mark; |
| --- | --- |

(b)

the name and address of the person responsible for affixing the labels or his identification mark;

| (c) | the year of sealing expressed as: ‘sealed ...’ (year), or the year of the last sampling for the purposes of the last testing of germination expressed as: ‘sampled ...’ (year); |
| --- | --- |

(c)

the year of sealing expressed as: ‘sealed ...’ (year), or the year of the last sampling for the purposes of the last testing of germination expressed as: ‘sampled ...’ (year);

| (d) | the species; |
| --- | --- |

(d)

the species;

| (e) | the denomination of the variety; |
| --- | --- |

(e)

the denomination of the variety;

| (f) | the words ‘variety developed for growing under particular conditions’; |
| --- | --- |

(f)

the words ‘variety developed for growing under particular conditions’;

| (g) | the reference number of the lot given by the person responsible for affixing the labels; |
| --- | --- |

(g)

the reference number of the lot given by the person responsible for affixing the labels;

| (h) | the declared net or gross weight, or declared number of seeds; |
| --- | --- |

(h)

the declared net or gross weight, or declared number of seeds;

| (i) | where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters or pure seeds and the total weight. |
| --- | --- |

(i)

where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters or pure seeds and the total weight.

Article 31

Official post control

Member States shall ensure that the seed of a variety developed for growing under particular conditions is subject to official post control by random inspections to verify its varietal identity and purity.

The official post control referred to in paragraph 1 shall be carried out in accordance with current international methods, or, where such methods do not exist, in accordance with any appropriate methods.

Article 32

Monitoring

Member States shall ensure by official monitoring during production and marketing that the seed complies with this Chapter, paying particular attention to the variety and quantities.

CHAPTER IV

General and final provisions

Article 33

Reporting

Member States shall ensure that suppliers operating in their territory report for each production season the amount of seed of each conservation variety and of each variety developed for growing under particular conditions placed on the market.

Member States shall report on request to the Commission and to the other Member States the amount of seed of each conservation variety and of each variety developed for growing under particular conditions placed on the market in their territory.

Article 34

Notification of the recognised organisations of plant genetic resources

Member States shall notify to the Commission the recognised organisations referred to in Article 5(d), Article 8(1), Article 13(1) and Article 23(d).

Article 35

Evaluation

By 31 December 2013 the Commission shall evaluate the implementation of this Directive.

Article 36

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2010 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 37

Entry into force

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

Official Journal of the European Union

Article 38

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 26 November 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 193, 20.7.2002, p. 33.

1

(2)  
  OJ L 309, 13.12.1993, p. 1.

2

(3)  
  OJ L 378, 23.12.2004, p. 1.

3

(4)  
  OJ L 162, 30.4.2004, p. 18.

4

(5)  
  OJ L 277, 21.10.2005, p. 1.

5

(6)  
  OJ L 254, 8.10.2003, p. 11.

6

(7)  
  OJ L 191, 23.7.2009, p. 10.

7

(8)  
  OJ L 227, 1.9.1994, p. 1.

8

---

ANNEX I

Quantitative restrictions for the marketing of seed of conservation varieties, as referred to in Article 15

| Botanical name | Maximum number of hectares per Member State for production of vegetable per conservation varieties |
| --- | --- |
| Allium cepa L. — Cepa group

  Brassica oleracea L.

  Brassica rapa L.

  Capsicum annuum L.

  Cichorium intybus L.

  Cucumis melo L.

  Cucurbita maxima Duchesne

  Cynara cardunculus L.

  Daucus carota L.

  Lactuca sativa L.

  Lycopersicon esculentum Mill.

  Phaseolus vulgaris L.

  Pisum sativum L. (partim)

  Vicia faba L. (partim) | 40 |
| Allium cepa L. — Aggregatum group

  Allium porrum L.

  Allium sativum L.

  Beta vulgaris L.

  Citrullus lanatus (Thunb.) Matsum. et Nakai

  Cucumis sativus L.

  Cucurbita pepo L.

  Foeniculum vulgare Mill.

  Solanum melongena L.

  Spinacia oleracea L. | 20 |
| Allium fistulosum L.

  Allium schoenoprasum L.

  Anthriscus cerefolium (L.) Hoffm.

  Apium graveolens L.

  Asparagus officinalis L.

  Cichorium endivia L.

  Petroselinum crispum (Mill.) Nyman ex A. W. Hill

  Phaseolus coccineus L.

  Raphanus sativus L.

  Rheum rhabarbarum L.

  Scorzonera hispanica L.

  Valerianella locusta (L.) Laterr.

  Zea mays L. (partim) | 10 |

Botanical name

Maximum number of hectares per Member State for production of vegetable per conservation varieties

Allium cepa L. — Cepa group

Brassica oleracea L.

Brassica rapa L.

Capsicum annuum L.

Cichorium intybus L.

Cucumis melo L.

Cucurbita maxima Duchesne

Cynara cardunculus L.

Daucus carota L.

Lactuca sativa L.

Lycopersicon esculentum Mill.

Phaseolus vulgaris L.

Pisum sativum L. (partim)

Vicia faba L. (partim)

40

Allium cepa L. — Aggregatum group

Allium porrum L.

Allium sativum L.

Beta vulgaris L.

Citrullus lanatus (Thunb.) Matsum. et Nakai

Cucumis sativus L.

Cucurbita pepo L.

Foeniculum vulgare Mill.

Solanum melongena L.

Spinacia oleracea L.

20

Allium fistulosum L.

Allium schoenoprasum L.

Anthriscus cerefolium (L.) Hoffm.

Apium graveolens L.

Asparagus officinalis L.

Cichorium endivia L.

Petroselinum crispum (Mill.) Nyman ex A. W. Hill

Phaseolus coccineus L.

Raphanus sativus L.

Rheum rhabarbarum L.

Scorzonera hispanica L.

Valerianella locusta (L.) Laterr.

Zea mays L. (partim)

10

---

ANNEX II

Maximum net weight per package, as referred to in Article 28

| Botanical name | Maximum net weight per package expressed in grams |
| --- | --- |
| Phaseolus coccineus L.

  Phaseolus vulgaris L.

  Pisum sativum L. (partim)

  Vicia faba L. (partim)

  Spinacia oleracea L.

  Zea mays L. (partim) | 250 |
| Allium cepa L. (cepa group, Aggregatum group)

  Allium fistulosum L.

  Allium porrum L.

  Allium sativum L.

  Anthriscus cerefolium (L.) Hoffm.

  Beta vulgaris L.

  Brassica rapa L.

  Cucumis sativus L.

  Cucurbita maxima Duchesne

  Cucurbita pepo L.

  Daucus carota L.

  Lactuca sativa L.

  Petroselinum crispum (Mill.) Nyman ex A. W. Hill

  Raphanus sativus L.

  Scorzonera hispanica L.

  Valerianella locusta (L.) Laterr. | 25 |
| Allium schoenoprasum L.

  Apium graveolens L.

  Asparagus officinalis L.

  Brassica oleracea L. (all)

  Capsicum annuum L.

  Cichorium endivia L.

  Cichorium intybus L.

  Citrullus lanatus (Thunb.) Matsum. et Nakai

  Cucumis melo L.

  Cynara cardunculus L.

  Lycopersicon esculentum Mill.

  Foeniculum vulgare Mill.

  Rheum rhabarbarum L.

  Solanum melongena L. | 5 |

Botanical name

Maximum net weight per package expressed in grams

Phaseolus coccineus L.

Phaseolus vulgaris L.

Pisum sativum L. (partim)

Vicia faba L. (partim)

Spinacia oleracea L.

Zea mays L. (partim)

250

Allium cepa L. (cepa group, Aggregatum group)

Allium fistulosum L.

Allium porrum L.

Allium sativum L.

Anthriscus cerefolium (L.) Hoffm.

Beta vulgaris L.

Brassica rapa L.

Cucumis sativus L.

Cucurbita maxima Duchesne

Cucurbita pepo L.

Daucus carota L.

Lactuca sativa L.

Petroselinum crispum (Mill.) Nyman ex A. W. Hill

Raphanus sativus L.

Scorzonera hispanica L.

Valerianella locusta (L.) Laterr.

25

Allium schoenoprasum L.

Apium graveolens L.

Asparagus officinalis L.

Brassica oleracea L. (all)

Capsicum annuum L.

Cichorium endivia L.

Cichorium intybus L.

Citrullus lanatus (Thunb.) Matsum. et Nakai

Cucumis melo L.

Cynara cardunculus L.

Lycopersicon esculentum Mill.

Foeniculum vulgare Mill.

Rheum rhabarbarum L.

Solanum melongena L.

5

---

| 27.11.2009 | EN | Official Journal of the European Union | L 312/55 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/55

---

COMMISSION DIRECTIVE 2009/146/EC

of 26 November 2009

correcting Directive 2008/125/EC amending Council Directive 91/414/EEC to include aluminium phosphide, calcium phosphide, magnesium phosphide, cymoxanil, dodemorph, 2,5-dichlorobenzoic acid methylester, metamitron, sulcotrione, tebuconazole and triadimenol as active substances

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the second indent of the second subparagraph of Article 6(1) thereof,

Whereas:

| (1) | Commission Directive 2008/125/EC (2) contains terminological errors with respect to the uses which may be authorised for aluminium phosphide, calcium phosphide and magnesium phosphide. Those errors must be corrected. |
| --- | --- |

(1)

Commission Directive 2008/125/EC (2) contains terminological errors with respect to the uses which may be authorised for aluminium phosphide, calcium phosphide and magnesium phosphide. Those errors must be corrected.

| (2) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(2)

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

The Annex to Directive 2008/125/EC is corrected as follows:

| 1. | in part A of the seventh column (specific provisions) of row No 266 (aluminium phosphide), the first and the second sentence are replaced by the following:

  ‘Only uses as insecticide, rodenticide, talpicide and leporicide in the form of ready-to-use aluminium phosphide containing products may be authorised.
  As rodenticide, talpicide and leporicide only outdoor uses may be authorised.’; |
| --- | --- |

1.

in part A of the seventh column (specific provisions) of row No 266 (aluminium phosphide), the first and the second sentence are replaced by the following:

‘Only uses as insecticide, rodenticide, talpicide and leporicide in the form of ready-to-use aluminium phosphide containing products may be authorised.

As rodenticide, talpicide and leporicide only outdoor uses may be authorised.’;

| 2. | in part A of the seventh column (specific provisions) of row No 267 (calcium phosphide), the first sentence is replaced by the following:

  ‘Only outdoor uses as rodenticide and talpicide in the form of ready-to-use calcium phosphide containing products may be authorised.’; |
| --- | --- |

2.

in part A of the seventh column (specific provisions) of row No 267 (calcium phosphide), the first sentence is replaced by the following:

‘Only outdoor uses as rodenticide and talpicide in the form of ready-to-use calcium phosphide containing products may be authorised.’;

| 3. | in part A of the seventh column (specific provisions) of row No 268 (magnesium phosphide), the first and the second sentence are replaced by the following:

  ‘Only uses as insecticide, rodenticide, talpicide and leporicide in the form of ready-to-use magnesium phosphide containing products may be authorised.
  As rodenticide, talpicide and leporicide only outdoor uses may be authorised.’. |
| --- | --- |

3.

in part A of the seventh column (specific provisions) of row No 268 (magnesium phosphide), the first and the second sentence are replaced by the following:

‘Only uses as insecticide, rodenticide, talpicide and leporicide in the form of ready-to-use magnesium phosphide containing products may be authorised.

As rodenticide, talpicide and leporicide only outdoor uses may be authorised.’.

Article 2

Member States shall adopt and publish by 28 February 2010 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 1 March 2010.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 26 November 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 230, 19.8.1991, p. 1.

1

(2)  
  OJ L 344, 20.12.2008, p. 78.

2

---

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

DECISIONS

Commission

| 27.11.2009 | EN | Official Journal of the European Union | L 312/56 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/56

---

COMMISSION DECISION

of 25 November 2009

establishing a questionnaire for Member States reports on the implementation of Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators

(notified under document C(2009) 9105)

(Text with EEA relevance)

(2009/851/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (1), and in particular Article 22(2) thereof,

Whereas:

| (1) | Under Article 22(1) of Directive 2006/66/EC, Member States are required to report regularly and on the basis of a questionnaire on the implementation of that Directive. |
| --- | --- |

(1)

Under Article 22(1) of Directive 2006/66/EC, Member States are required to report regularly and on the basis of a questionnaire on the implementation of that Directive.

| (2) | In order to avoid excessive administrative burden linked with the drawing up of that report, it is appropriate to limit the list of information required to those data which are most relevant for the Commission to assess the need for improving the implementation of Directive 2006/66/EC. |
| --- | --- |

(2)

In order to avoid excessive administrative burden linked with the drawing up of that report, it is appropriate to limit the list of information required to those data which are most relevant for the Commission to assess the need for improving the implementation of Directive 2006/66/EC.

| (3) | The measures provided for in this Decision are in accordance with the opinion of the Committee established in accordance with Article 18(1) of Directive 2006/12/EC of the European Parliament and the Council (2), |
| --- | --- |

(3)

The measures provided for in this Decision are in accordance with the opinion of the Committee established in accordance with Article 18(1) of Directive 2006/12/EC of the European Parliament and the Council (2),

HAS ADOPTED THIS DECISION:

Article 1

Member States shall draw up their reports on the implementation of Directive 2006/66/EC on the basis of the questionnaire set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 25 November 2009.

For the Commission

Stavros DIMAS

Member of the Commission

---

(1)  
  OJ L 266, 26.9.2006, p. 1.

1

(2)  
  OJ L 114, 27.4.2006, p. 9.

2

---

ANNEX

QUESTIONNAIRE FOR THE REPORT OF THE MEMBER STATES ON THE IMPLEMENTATION OF DIRECTIVE 2006/66/EC

1.   Transposition into national law

Information to be provided in the first Member State report:

| (a) | Please provide a reference and an electronic link, if available, to your national laws transposing the Directive, including to any amendments. |
| --- | --- |

(a)

Please provide a reference and an electronic link, if available, to your national laws transposing the Directive, including to any amendments.

| (b) | Has any provision set up in Articles 8, 15 and 20 been transposed by means of voluntary agreements between the competent authorities and the economic operators concerned? |
| --- | --- |

(b)

Has any provision set up in Articles 8, 15 and 20 been transposed by means of voluntary agreements between the competent authorities and the economic operators concerned?

2.   Environmental performance

What steps, including economic instruments of Article 9, have been taken to increase the environmental performance of batteries and accumulators in line with Article 5 of the Directive?

3.   Collection schemes

Please describe in brief (maximum 100 words) how Article 8 has been implemented in practice.

4.   Collection targets

Please specify the collection rates achieved in each calendar year covered by this report, including batteries and accumulators incorporated into appliances. The first report shall cover only the year 2011.

5.   Treatment and recycling

| (a) | What measures have been taken to ensure that all collected waste batteries and accumulators have undergone proper treatment and recycling in accordance with Article 12(1) of Directive 2006/66/EC? |
| --- | --- |

(a)

| (b) | Has use been made of the possibility to dispose of collected hazardous portable batteries or accumulators as specified in the second subparagraph of Article 12(1)? If so, please provide the reference of any draft measure notified to the Commission pursuant to the third subparagraph of Article 12(1). |
| --- | --- |

(b)

| (c) | What level of recycling was achieved in each calendar year concerned? Have all collected batteries and accumulators been sent for recycling, in accordance with Article 12(1)? |
| --- | --- |

(c)

| (d) | What level of recycling efficiency was achieved in each calendar year as from 26 September 2011 and, if available, for the preceding year? |
| --- | --- |

(d)

6.   Disposal

| (a) | What measures have been taken to ensure that waste industrial and automotive batteries and accumulators are not disposed of in landfills? |
| --- | --- |

(a)

| (b) | Have any measures that go beyond the provisions in Article 14 been taken to minimise the disposal of batteries and accumulators as mixed municipal waste? |
| --- | --- |

(b)

7.   Exports

How many collected waste batteries and accumulators have been exported to third countries? Please specify to which countries. And for how many of these exported waste batteries and accumulators has sound evidence been given that the recycling operations took place under conditions equivalent to the requirements of this Directive, in line with Article 15?

8.   Financing

| (a) | What measures have been taken to ensure that the collection, treatment and recycling of all waste batteries and accumulators is financed by producers or third parties acting on their behalf? |
| --- | --- |

(a)

| (b) | What measures have been taken to ensure that producers are not double-charged where batteries and accumulators are collected under schemes set up in accordance with Directive 2000/53/EC of the European Parliament and of the Council (1) or Directive 2002/96/EC of the European Parliament and of the Council (2)? |
| --- | --- |

(b)

9.   National implementation reports

Please provide information on any measures taken in line with points (a), (b) and (c) of Article 22(3) of Directive 2006/66/EC (maximum 50 words per measure).

10.   Inspections and enforcement

| (a) | Please provide details on the inspections and monitoring systems applied in the Member State to ensure compliance with Directive 2006/66/EC and in particular its Articles 4 and 21. |
| --- | --- |

(a)

| (b) | How many cases of non-compliance with Directive 2006/66/EC have you found? Have any non-compliant batteries and accumulators been withdrawn from the national market? Please indicate the main reasons for non-compliance and the actions taken in order to ensure compliance with the Directive. |
| --- | --- |

(b)

11.   Other information

| (a) | Please summarise in the first report the main difficulties encountered in implementing the Directive. How were or how can these problems be addressed? |
| --- | --- |

(a)

| (b) | Please indicate the administrative body (name, address, e-mail, other contact details) in charge of coordinating the answers to this questionnaire. |
| --- | --- |

(b)

---

(1)  
  OJ L 269, 21.10.2000, p. 34.

(2)  
  OJ L 37, 13.2.2003, p. 24.

---

| 27.11.2009 | EN | Official Journal of the European Union | L 312/59 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/59

---

COMMISSION DECISION

of 26 November 2009

on transitional measures under Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council as regard the processing of non-compliant raw milk in certain milk processing establishments in Romania and the structural requirements of such establishments

(notified under document C(2009) 9083)

(Text with EEA relevance)

(2009/852/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (1) and in particular the second subparagraph of Article 12 thereof,

Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2) and in particular Article 9 thereof,

Whereas:

| (1) | Regulation (EC) No 852/2004 lays down general rules for food business operators on the hygiene of foodstuffs based amongst others on the principles of hazard analysis and critical control points. It provides that food business operators are to comply with certain procedures based on those principles. |
| --- | --- |

(1)

Regulation (EC) No 852/2004 lays down general rules for food business operators on the hygiene of foodstuffs based amongst others on the principles of hazard analysis and critical control points. It provides that food business operators are to comply with certain procedures based on those principles.

| (2) | Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators and supplements the rules laid down in Regulation (EC) No 852/2004. The rules laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004 include structural requirements for milk processing establishments, as well as hygiene requirements concerning raw milk and dairy products. |
| --- | --- |

(2)

Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators and supplements the rules laid down in Regulation (EC) No 852/2004. The rules laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004 include structural requirements for milk processing establishments, as well as hygiene requirements concerning raw milk and dairy products.

| (3) | By the Act of Accession of Bulgaria and Romania (the Act of Accession), Romania has been granted a transitional period, expiring on 31 December 2009, for compliance by certain milk processing establishments with the structural and hygiene requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004. |
| --- | --- |

(3)

By the Act of Accession of Bulgaria and Romania (the Act of Accession), Romania has been granted a transitional period, expiring on 31 December 2009, for compliance by certain milk processing establishments with the structural and hygiene requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004.

| (4) | Point (a) of Section B.I. of Chapter 5 of Annex VII to the Act of Accession, authorises until 31 December 2009 certain milk processing establishments that do not comply with the structural requirements laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004. |
| --- | --- |

(4)

Point (a) of Section B.I. of Chapter 5 of Annex VII to the Act of Accession, authorises until 31 December 2009 certain milk processing establishments that do not comply with the structural requirements laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004.

| (5) | Since the accession of Romania, the number of establishments in compliance with those structural requirements has increased. However, certain milk processing establishments are still undergoing the necessary structural improvements in order to comply with those requirements. In light of the ongoing structural improvements, it is necessary to provide for a time-limited derogation from the structural requirements laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004. The list of establishments not in compliance with those structural requirements is set out in Annex I to this Decision. |
| --- | --- |

(5)

Since the accession of Romania, the number of establishments in compliance with those structural requirements has increased. However, certain milk processing establishments are still undergoing the necessary structural improvements in order to comply with those requirements. In light of the ongoing structural improvements, it is necessary to provide for a time-limited derogation from the structural requirements laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004. The list of establishments not in compliance with those structural requirements is set out in Annex I to this Decision.

| (6) | In addition, point (c) of Section B.I. of Chapter 5 of Annex VII to the Act of Accession, authorises until 31 December 2009 certain milk processing establishments that do not comply with the hygiene requirements laid down in Regulation (EC) No 853/2004. |
| --- | --- |

(6)

In addition, point (c) of Section B.I. of Chapter 5 of Annex VII to the Act of Accession, authorises until 31 December 2009 certain milk processing establishments that do not comply with the hygiene requirements laid down in Regulation (EC) No 853/2004.

| (7) | Milk production holdings that do not comply with those hygiene requirements are spread over the whole territory of Romania. The proportion of raw milk that complies with those requirements, delivered to milk processing establishments in Romania, has only increased slightly during the last years. |
| --- | --- |

(7)

Milk production holdings that do not comply with those hygiene requirements are spread over the whole territory of Romania. The proportion of raw milk that complies with those requirements, delivered to milk processing establishments in Romania, has only increased slightly during the last years.

| (8) | Taking into account the current situation, it is appropriate to provide for a time-limited derogation from the hygiene requirements laid down in Regulation (EC) No 853/2004 with a view to permitting Romania to bring its milk sector in compliance with those requirements. |
| --- | --- |

(8)

Taking into account the current situation, it is appropriate to provide for a time-limited derogation from the hygiene requirements laid down in Regulation (EC) No 853/2004 with a view to permitting Romania to bring its milk sector in compliance with those requirements.

| (9) | In light of this situation, certain milk processing establishments listed in Annex II to this Decision should be allowed, by way of derogation from Regulation (EC) No 853/2004, to continue to process compliant and non-compliant milk provided that the processing is carried out on separate production lines. In addition, certain milk processing establishments listed in Annex III to this Decision should be allowed to continue to process non-compliant milk without separate production lines. |
| --- | --- |

(9)

In light of this situation, certain milk processing establishments listed in Annex II to this Decision should be allowed, by way of derogation from Regulation (EC) No 853/2004, to continue to process compliant and non-compliant milk provided that the processing is carried out on separate production lines. In addition, certain milk processing establishments listed in Annex III to this Decision should be allowed to continue to process non-compliant milk without separate production lines.

| (10) | In addition, in order not to penalise milk processing establishments that comply with the structural requirements, it is appropriate to authorise such establishments to receive non-compliant milk on the same conditions as apply to milk processing establishments that do not comply with those requirements. |
| --- | --- |

(10)

In addition, in order not to penalise milk processing establishments that comply with the structural requirements, it is appropriate to authorise such establishments to receive non-compliant milk on the same conditions as apply to milk processing establishments that do not comply with those requirements.

| (11) | The marketing of dairy products derived from non-compliant milk should be restricted to Romania or used for further processing in the milk processing establishments covered by the derogations provided for in this Decision. |
| --- | --- |

(11)

The marketing of dairy products derived from non-compliant milk should be restricted to Romania or used for further processing in the milk processing establishments covered by the derogations provided for in this Decision.

| (12) | The transitional period granted by this Decision should be limited to twenty-four months from 1 January 2010. The situation in the milk sector in Romania should be reviewed before the end of that period. Therefore, Romania should submit annual reports to the Commission regarding progress in the upgrading of milk processing establishments in that Member State, milk production holdings supplying raw milk to those establishments and the system for collecting and transporting non-compliant milk. |
| --- | --- |

(12)

The transitional period granted by this Decision should be limited to twenty-four months from 1 January 2010. The situation in the milk sector in Romania should be reviewed before the end of that period. Therefore, Romania should submit annual reports to the Commission regarding progress in the upgrading of milk processing establishments in that Member State, milk production holdings supplying raw milk to those establishments and the system for collecting and transporting non-compliant milk.

| (13) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(13)

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

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of this Decision ‘non-compliant milk’ means raw milk which does not comply with the requirements set out in Annex III, Section IX, Chapter I, Subchapters II and III to Regulation (EC) No 853/2004.

Article 2

1.   The structural requirements laid down in Regulation (EC) No 852/2004, Annex II, Chapter II and in Regulation (EC) No 853/2004, Annex III, Section I, Chapters II and III, Section II, Chapters II and III, and Section V, Chapter I, shall not apply to milk processing establishments in Romania listed in Annex I to this Decision until 31 December 2011.

2.   Dairy products produced by the establishments referred to in paragraph 1 shall only:

| (a) | be placed on the domestic market in Romania; or |
| --- | --- |

(a)

be placed on the domestic market in Romania; or

| (b) | used for further processing in establishments in Romania referred to in paragraph 1. |
| --- | --- |

(b)

used for further processing in establishments in Romania referred to in paragraph 1.

Such dairy products shall bear a health or identification mark which is different from the health or identification mark provided for in Article 5 of Regulation (EC) No 853/2004.

Article 3

By way of derogation from the requirements set out in Annex III, Section IX, Chapter I, Subchapters II and III to Regulation (EC) No 853/2004, the milk processing establishments listed in Annex II to this Decision may continue to process, until 31 December 2011, compliant and non-compliant milk provided that the processing of the compliant and the non-compliant milk is carried out on separate production lines.

Article 4

By way of derogation from the requirements set out in Annex III, Section IX, Chapter I, Subchapters II and III to Regulation (EC) No 853/2004, the milk processing establishments listed in Annex III to this Decision may continue to process, until 31 December 2011, non-compliant milk without separate production lines.

Article 5

Dairy products derived from non-compliant milk shall only:

| (a) | be placed on the domestic market in Romania; or |
| --- | --- |

(a)

be placed on the domestic market in Romania; or

| (b) | be used for further processing in the milk processing establishments in Romania referred to in Articles 2, 3 and 4. |
| --- | --- |

(b)

be used for further processing in the milk processing establishments in Romania referred to in Articles 2, 3 and 4.

Such dairy products shall bear a health or identification mark which is different from the health or identification mark provided for in Article 5 of Regulation (EC) No 853/2004.

Article 6

Romania shall submit annual reports to the Commission on progress made in bringing the following in compliance with Regulations (EC) No 852/2004 and (EC) No 853/2004:

| (a) | the processing establishments referred to in Article 2(1) including a timetable for their compliance with the structural requirements referred to in that provision; |
| --- | --- |

(a)

the processing establishments referred to in Article 2(1) including a timetable for their compliance with the structural requirements referred to in that provision;

| (b) | production holdings producing non-compliant milk; |
| --- | --- |

(b)

production holdings producing non-compliant milk;

| (c) | the system for collecting and transporting non-compliant milk. |
| --- | --- |

(c)

the system for collecting and transporting non-compliant milk.

The first annual report shall be submitted to the Commission by 31 December 2010, at the latest, and the second annual report by 31 October 2011, at the latest.

The form set out in Annex IV shall be used for those reports.

Article 7

This Decision shall apply from 1 January 2010 to 31 December 2011.

Article 8

This Decision is addressed to the Member States.

Done at Brussels, 26 November 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 139, 30.4.2004, p. 1.

1

(2)  
  OJ L 139, 30.4.2004, p. 55.

2

---

ANNEX I

LIST OF ESTABLISHMENTS AS REFERRED TO IN ARTICLE 2(1)

| No | Veterinary No | Name of establishment | Town/Street or Village/Region |
| --- | --- | --- | --- |
| 1 | AB 641 | S.C. Biomilk SRL | Lopadea Noua, Jud. Alba, 517395 |
| 2 | AB 1256 | S.C. Binal Mob SRL | Rimetea, Jud. Alba, 517610 |
| 3 | AB 3386 | S.C. Lactate C.H. S.RL | Sanmiclaus, Jud. Alba, 517761 |
| 4 | AR 563 | S.C. Silmar Prod SRL | Santana, Jud. Arad, 317280 |
| 5 | AG 11 | S.C. Agrolact Cosesti | Cosesti, Jud. Arges, 115202 |
| 6 | BC 2519 | S.C. Marlact SRL | Buhoci, Jud. Bacau, 607085 |
| 7 | BH 4020 | S.C. Moisi Serv Com SRL | Borsa, nr. 8, jud. Bihor, 417431 |
| 8 | BH 5158 | S.C. Biolact Bihor SRL | Paleu, Jud. Bihor, 4 17166 |
| 9 | BN 2120 | S.C. Eliezer SRL | Lunca Ilvei, Jud. Bistrita Nasaud, 427125 |
| 10 | BN 2192 | S.C. Simcodrin Com SRL | Budesti-Fanate, Jud. Bistrita-Nasaud, 427021 |
| 11 | BN 2399 | S.C. Carmo- Lact Prod SRL | Monor, Jud. Bistrita-Nasaud, 427175 |
| 12 | BN 209 | S.C. Calatis Group Prod SRL | Bistrita, Jud. Bistrita-Nasaud, 427006 |
| 13 | BN 2125 | S.C. Sinelli SRL | Milas, Jud. Bistrita-Nasaud, 427165 |
| 14 | BT 8 | S.C. General Suhardo SRL | Paltinis, Jud. Botosani, 717295 |
| 15 | BT 11 | S.C. Portas Com SRL | Vlasinesti, Jud. Botosani, 717465 |
| 16 | BT 109 | S.C. Lacto Mac SRL | Bucecea, Jud. Botosani, 717045 |
| 17 | BT 115 | S.C. Comintex SRL | Darabani, Jud. Botosani, 715100 |
| 18 | BT 263 | S.C. Cosmi SRL | Saveni, Jud. Botosani 715300 |
| 19 | BT 50 | S.C. Pris Com Univers SRL | Flamanzi, Jud. Botosani, 717155 |
| 20 | BV 8 | S.C. Prodlacta SA Homorod | Homorod, Jud. Brasov, 507105 |
| 21 | BV 2451 | S.C. Prodlacta SA Fagaras | Fagaras, Jud. Brasov, 505200 |
| 22 | BR 36 | S.C. Hatman SRL | Vadeni, Jud. Braila, 817200 |
| 23 | BR 63 | S.C. Cas SRL | Braila, Jud. Braila, 810224 |
| 24 | BZ 0098 | S.C. Meridian Agroind | Ramnicu Sarat, Jud. Buzau, 125300 |
| 25 | BZ 0627 | S.C. Ianis Cos Lact SRL | C.A. Rosetti, Jud. Buzau, 127120 |
| 26 | BZ 2012 | S.C. Zguras Lacto SRL | Pogoanele, Jud. Buzau, 25200 |
| 27 | CL 0044 | S.C. Ianis Dim SRL | Lehliu Gară, Jud. Calarasi, 915300 |
| 28 | CL 0368 | S.C. Lacto GMG SRL | Jegalia, Jud. Calarasi, 917145 |
| 29 | CJ 41 | S.C. Kazal SRL | Dej, Jud. Cluj, 405200 |
| 30 | CJ 7584 | S.C. Aquasala SRL | Bobalna, Jud. Cluj, 407085 |
| 31 | CT 04 | S.C. Lacto Baneasa SRL | Baneasa, Jud. Constanta, 907035 |
| 32 | CT 15 | S.C. Nic Costi Trade SRL | Dorobantu, Jud. Constanta, 907211 |
| 33 | CT 225 | S.C. Mih Prod SRL | Cobadin, Jud.Constanta, 907065 |
| 34 | CT 256 | S.C. Ian Prod SRL | Targusor, Jud.Constanta, 907275 |
| 35 | CT 258 | S.C. Binco Lact SRL | Sacele, Jud.Constanta, 907260 |
| 36 | CT 311 | S.C. Alltocs Market SRL | Pietreni, Jud.Constanta, 907112 |
| 37 | CT 11988 | S.C. Lacto Baron SRL | Harsova, Jud. Constanta, 905400 |
| 38 | CT 12203 | S.C. Lacto Genimico SRL | Harsova, Jud. Constanta, 905400 |
| 39 | CT 30 | S.C. Eastern European Foods SRL | Mihail Kogalniceanu, Jud. Constanta, 907195 |
| 40 | CT 294 | S.C. Suflaria Import Export SRL | Cheia, Jud. Constanta, 907277 |
| 41 | L9 | S.C. Covalact SA | Sfantu Gheorghe, Jud. Covasna, 520076 |
| 42 | CV 2451 | S.C. Agro Pan Star SRL | Sfantu Gheorghe, Jud. Covasna, 520020 |
| 43 | DJ 80 | S.C. Duvadi Prod Com SRL | Breasta, Jud. Dolj, 207115 |
| 44 | DJ 730 | S.C. Lactido SA | Craiova, Jud. Dolj, 200378 |
| 45 | GL 4136 | S.C. Galmopan SA | Galati, Jud. Galati, 800506 |
| 46 | GR 5610 | S.C. Lacta SA | Giurgiu, Jud. Giurgiu, 080556 |
| 47 | GJ 231 | S.C. Sekam Prod SRL | Novaci, Jud. Gorj, 215300 |
| 48 | GJ 2202 | S.C. Arte Import Export | Targu. Jiu, Jud. Gorj, 210112 |
| 49 | HR 383 | S.C. Lactate Harghita SA | Cristuru Secuiesc, Jud. Harghita, 535400 |
| 50 | HR 166 | S.C. Lactopan SRL | Mujna, Jud. Harghita, 537076 |
| 51 | HR 119 | S.C. Bomilact SRL | Mădăraș, Jud. Harghita, 537071 |
| 52 | HR 213 | S.C. Paulact SA | Mărtiniș, Harghita, 537175 |
| 53 | HR 625 | S.C. Lactis SRL | Odorheiu Secuiesc, Harghita, 535600 |
| 54 | HD 1014 | S.C. Sorilact SA | Risculita, Jud. Hunedoara, 337012 |
| 55 | IL 0750 | S.C. Balsam Med SRL | Țăndărei, Jud. Ialomita, 925200 |
| 56 | IL 1167 | S.C. Sanalact SRL | Slobozia, Jud. Ialomita, 920002 |
| 57 | IS 1012 | S.C. Agrocom S.A. | Strunga, Jud. Iasi, 707465 |
| 58 | IS 1540 | S.C. Promilch S.R.L. | Podu Iloaiei, Jud. Iasi, 707365 |
| 59 | MM 793 | S.C. Wromsal SRL | Satulung, Jud. Maramures 437270 |
| 60 | MM 6325 | S.C. Ony SRL | Larga, Jud. Maramures, 437317 |
| 61 | MM 1795 | S.C. Calitatea SRL | Tautii Magheraus, Jud. Maramures, 437349 |
| 62 | MM 4714 | S.C. Saturil SRL | Giulesti, Jud. Maramures, 437162 |
| 63 | MH 1304 | S.C. IL SA Mehedinti | Drobeta Turnu Severin, Jud. Mehedinti, 220167 |
| 64 | MS 297 | S.C. Rodos S.R.L | Faragau, Jud. Mures, 547225 |
| 65 | MS 483 | S.C. Heliantus Prod | Reghin, Jud. Mures, 545300 |
| 66 | MS 532 | S.C. Horuvio Service SRL | Lunca Santu, Jud. Mures, 547375 |
| 67 | MS 2462 | S.C. Lucamex Com SRL | Gornesti, Jud. Mures, 547280 |
| 68 | MS 5554 | S.C. Globivetpharm S.R.L | Batos, Jud. Mures, 547085 |
| 69 | L12 | S.C. Camytex Prod SRL | Targu Neamt, Jud. Neamt, 615200 |
| 70 | NT 900 | S.C. Complex Agroalimentar SRL | Bicaz, Jud. Neamt, 615100 |
| 71 | PH 212 | S.C. Vitoro SRL | Ploiesti, Jud. Prahova, 100537 |
| 72 | SM 4189 | S.C. Primalact SRL | Satu Mare, Jud. Satu Mare, 440089 |
| 73 | SJ 282 | S.C. Calion SRL | Jibou, Jud. Salaj, 455200 |
| 74 | SV 1085 | S.C. Bucovina SA Falticeni | Falticeni, Jud. Suceava, 725200 |
| 75 | SV 1562 | S.C. Bucovina SA Suceava | Suceava, Jud. Suceava, 720290 |
| 76 | SV 1888 | S.C. Tocar Prod SRL | Fratautii Vechi, Jud. Suceava, 727255 |
| 77 | SV 4540 | S.C. Kinetas SRL | Boroaia, Jud. Suceava, 727040 |
| 78 | SV 4909 | S.C. Zada Prod SRL | Horodnic de Jos, Jud. Suceava, 727301 |
| 79 | SV 6159 | S.C. Ecolact SRL | Milisauti, Jud. Suceava, 727360 |
| 80 | TR 78 | S.C. Interagro SRL | Zimnicea, Jud. Teleorman, 145400 |
| 81 | TR 27 | S.C. Violact SRL | Putineiu, Jud. Teleorman, 147285 |
| 82 | TR 81 | S.C. Big Family SRL | Videle, Jud. Teleorman, 145300 |
| 83 | TR 239 | S.C. Comalact SRL | Nanov, Jud. Teleorman, 147215 |
| 84 | TR 241 | S.C. Investrom SRL | Sfintesti, Jud. Teleorman, 147340 |
| 85 | TL 965 | S.C. Mineri SRL | Mineri, Jud. Tulcea, 827211 |
| 86 | VN 231 | S.C. Vranlact SA | Focsani, Jud. Vrancea, 620122 |
| 87 | VN 348 | S.C. Stercus Lacto SRL | Ciorasti, Jud. Vrancea, 627082 |
| 88 | VN 35 | S.C. Monaco SRL | Vrâncioaia, Jud. Vrancea, 627445 |

No

Veterinary No

Name of establishment

Town/Street or Village/Region

1

AB 641

S.C. Biomilk SRL

Lopadea Noua, Jud. Alba, 517395

2

AB 1256

S.C. Binal Mob SRL

Rimetea, Jud. Alba, 517610

3

AB 3386

S.C. Lactate C.H. S.RL

Sanmiclaus, Jud. Alba, 517761

4

AR 563

S.C. Silmar Prod SRL

Santana, Jud. Arad, 317280

5

AG 11

S.C. Agrolact Cosesti

Cosesti, Jud. Arges, 115202

6

BC 2519

S.C. Marlact SRL

Buhoci, Jud. Bacau, 607085

7

BH 4020

S.C. Moisi Serv Com SRL

Borsa, nr. 8, jud. Bihor, 417431

8

BH 5158

S.C. Biolact Bihor SRL

Paleu, Jud. Bihor, 4 17166

9

BN 2120

S.C. Eliezer SRL

Lunca Ilvei, Jud. Bistrita Nasaud, 427125

10

BN 2192

S.C. Simcodrin Com SRL

Budesti-Fanate, Jud. Bistrita-Nasaud, 427021

11

BN 2399

S.C. Carmo- Lact Prod SRL

Monor, Jud. Bistrita-Nasaud, 427175

12

BN 209

S.C. Calatis Group Prod SRL

Bistrita, Jud. Bistrita-Nasaud, 427006

13

BN 2125

S.C. Sinelli SRL

Milas, Jud. Bistrita-Nasaud, 427165

14

BT 8

S.C. General Suhardo SRL

Paltinis, Jud. Botosani, 717295

15

BT 11

S.C. Portas Com SRL

Vlasinesti, Jud. Botosani, 717465

16

BT 109

S.C. Lacto Mac SRL

Bucecea, Jud. Botosani, 717045

17

BT 115

S.C. Comintex SRL

Darabani, Jud. Botosani, 715100

18

BT 263

S.C. Cosmi SRL

Saveni, Jud. Botosani 715300

19

BT 50

S.C. Pris Com Univers SRL

Flamanzi, Jud. Botosani, 717155

20

BV 8

S.C. Prodlacta SA Homorod

Homorod, Jud. Brasov, 507105

21

BV 2451

S.C. Prodlacta SA Fagaras

Fagaras, Jud. Brasov, 505200

22

BR 36

S.C. Hatman SRL

Vadeni, Jud. Braila, 817200

23

BR 63

S.C. Cas SRL

Braila, Jud. Braila, 810224

24

BZ 0098

S.C. Meridian Agroind

Ramnicu Sarat, Jud. Buzau, 125300

25

BZ 0627

S.C. Ianis Cos Lact SRL

C.A. Rosetti, Jud. Buzau, 127120

26

BZ 2012

S.C. Zguras Lacto SRL

Pogoanele, Jud. Buzau, 25200

27

CL 0044

S.C. Ianis Dim SRL

Lehliu Gară, Jud. Calarasi, 915300

28

CL 0368

S.C. Lacto GMG SRL

Jegalia, Jud. Calarasi, 917145

29

CJ 41

S.C. Kazal SRL

Dej, Jud. Cluj, 405200

30

CJ 7584

S.C. Aquasala SRL

Bobalna, Jud. Cluj, 407085

31

CT 04

S.C. Lacto Baneasa SRL

Baneasa, Jud. Constanta, 907035

32

CT 15

S.C. Nic Costi Trade SRL

Dorobantu, Jud. Constanta, 907211

33

CT 225

S.C. Mih Prod SRL

Cobadin, Jud.Constanta, 907065

34

CT 256

S.C. Ian Prod SRL

Targusor, Jud.Constanta, 907275

35

CT 258

S.C. Binco Lact SRL

Sacele, Jud.Constanta, 907260

36

CT 311

S.C. Alltocs Market SRL

Pietreni, Jud.Constanta, 907112

37

CT 11988

S.C. Lacto Baron SRL

Harsova, Jud. Constanta, 905400

38

CT 12203

S.C. Lacto Genimico SRL

Harsova, Jud. Constanta, 905400

39

CT 30

S.C. Eastern European Foods SRL

Mihail Kogalniceanu, Jud. Constanta, 907195

40

CT 294

S.C. Suflaria Import Export SRL

Cheia, Jud. Constanta, 907277

41

L9

S.C. Covalact SA

Sfantu Gheorghe, Jud. Covasna, 520076

42

CV 2451

S.C. Agro Pan Star SRL

Sfantu Gheorghe, Jud. Covasna, 520020

43

DJ 80

S.C. Duvadi Prod Com SRL

Breasta, Jud. Dolj, 207115

44

DJ 730

S.C. Lactido SA

Craiova, Jud. Dolj, 200378

45

GL 4136

S.C. Galmopan SA

Galati, Jud. Galati, 800506

46

GR 5610

S.C. Lacta SA

Giurgiu, Jud. Giurgiu, 080556

47

GJ 231

S.C. Sekam Prod SRL

Novaci, Jud. Gorj, 215300

48

GJ 2202

S.C. Arte Import Export

Targu. Jiu, Jud. Gorj, 210112

49

HR 383

S.C. Lactate Harghita SA

Cristuru Secuiesc, Jud. Harghita, 535400

50

HR 166

S.C. Lactopan SRL

Mujna, Jud. Harghita, 537076

51

HR 119

S.C. Bomilact SRL

Mădăraș, Jud. Harghita, 537071

52

HR 213

S.C. Paulact SA

Mărtiniș, Harghita, 537175

53

HR 625

S.C. Lactis SRL

Odorheiu Secuiesc, Harghita, 535600

54

HD 1014

S.C. Sorilact SA

Risculita, Jud. Hunedoara, 337012

55

IL 0750

S.C. Balsam Med SRL

Țăndărei, Jud. Ialomita, 925200

56

IL 1167

S.C. Sanalact SRL

Slobozia, Jud. Ialomita, 920002

57

IS 1012

S.C. Agrocom S.A.

Strunga, Jud. Iasi, 707465

58

IS 1540

S.C. Promilch S.R.L.

Podu Iloaiei, Jud. Iasi, 707365

59

MM 793

S.C. Wromsal SRL

Satulung, Jud. Maramures 437270

60

MM 6325

S.C. Ony SRL

Larga, Jud. Maramures, 437317

61

MM 1795

S.C. Calitatea SRL

Tautii Magheraus, Jud. Maramures, 437349

62

MM 4714

S.C. Saturil SRL

Giulesti, Jud. Maramures, 437162

63

MH 1304

S.C. IL SA Mehedinti

Drobeta Turnu Severin, Jud. Mehedinti, 220167

64

MS 297

S.C. Rodos S.R.L

Faragau, Jud. Mures, 547225

65

MS 483

S.C. Heliantus Prod

Reghin, Jud. Mures, 545300

66

MS 532

S.C. Horuvio Service SRL

Lunca Santu, Jud. Mures, 547375

67

MS 2462

S.C. Lucamex Com SRL

Gornesti, Jud. Mures, 547280

68

MS 5554

S.C. Globivetpharm S.R.L

Batos, Jud. Mures, 547085

69

L12

S.C. Camytex Prod SRL

Targu Neamt, Jud. Neamt, 615200

70

NT 900

S.C. Complex Agroalimentar SRL

Bicaz, Jud. Neamt, 615100

71

PH 212

S.C. Vitoro SRL

Ploiesti, Jud. Prahova, 100537

72

SM 4189

S.C. Primalact SRL

Satu Mare, Jud. Satu Mare, 440089

73

SJ 282

S.C. Calion SRL

Jibou, Jud. Salaj, 455200

74

SV 1085

S.C. Bucovina SA Falticeni

Falticeni, Jud. Suceava, 725200

75

SV 1562

S.C. Bucovina SA Suceava

Suceava, Jud. Suceava, 720290

76

SV 1888

S.C. Tocar Prod SRL

Fratautii Vechi, Jud. Suceava, 727255

77

SV 4540

S.C. Kinetas SRL

Boroaia, Jud. Suceava, 727040

78

SV 4909

S.C. Zada Prod SRL

Horodnic de Jos, Jud. Suceava, 727301

79

SV 6159

S.C. Ecolact SRL

Milisauti, Jud. Suceava, 727360

80

TR 78

S.C. Interagro SRL

Zimnicea, Jud. Teleorman, 145400

81

TR 27

S.C. Violact SRL

Putineiu, Jud. Teleorman, 147285

82

TR 81

S.C. Big Family SRL

Videle, Jud. Teleorman, 145300

83

TR 239

S.C. Comalact SRL

Nanov, Jud. Teleorman, 147215

84

TR 241

S.C. Investrom SRL

Sfintesti, Jud. Teleorman, 147340

85

TL 965

S.C. Mineri SRL

Mineri, Jud. Tulcea, 827211

86

VN 231

S.C. Vranlact SA

Focsani, Jud. Vrancea, 620122

87

VN 348

S.C. Stercus Lacto SRL

Ciorasti, Jud. Vrancea, 627082

88

VN 35

S.C. Monaco SRL

Vrâncioaia, Jud. Vrancea, 627445

---

ANNEX II

LIST OF ESTABLISHMENTS AS REFERRED TO IN ARTICLE 3

| No | Veterinary No | Name of establishment | Town/Street or Village/Region |
| --- | --- | --- | --- |
| 1 | L35 | S.C. Danone PDPA Romania SRL | Bucuresti, 032451 |
| 2 | L81 | S.C. Raraul SA | Campulung Moldovenesc, Jud.Suceava, 725100 |

No

Veterinary No

Name of establishment

Town/Street or Village/Region

1

L35

S.C. Danone PDPA Romania SRL

Bucuresti, 032451

2

L81

S.C. Raraul SA

Campulung Moldovenesc, Jud.Suceava, 725100

---

ANNEX III

LIST OF ESTABLISHMENTS AS REFERRED TO IN ARTICLE 4

| No | Veterinary No | Name of establishment | Town/Street or Village/Region |
| --- | --- | --- | --- |
| 1 | L18 | S.C. Depcoinf MBD SRL | Targu Trotus, Jud. Bacau, 607630 |
| 2 | L72 | S.C. Lactomuntean SRL | Teaca, Jud. Bistrita Nasaud, 427345 |
| 3 | L78 | S.C. Romfulda Prod SRL | Beclean, Jud. Bistrita Nasaud, 425100 |
| 4 | L107 | S.C. Bendear Cris Prod Com SRL | Sieu Magherus, Jud. Bistrita-Nasaud, 427295 |
| 5 | L109 | S.C. G&B Lumidan SRL | Rodna, Jud. Bistrita-Nasaud, 427245 |
| 6 | L110 | S.C. Lech Lacto SRL | Lechinta, Jud. Bistrita-Nasaud, 427105 |
| 7 | L3 | S.C. Aby Impex SRL | Sendriceni, Jud. Botosani, 717380 |
| 8 | L4 | S.C. Spicul 2 SRL | Dorohoi, Jud. Botosani, 715200 |
| 9 | L116 | S.C. Ram SRL | Ibanesti, Jud. Botosani, 717215 |
| 10 | L73 | S.C. Eurocheese Productie SRL | Bucuresti, 030608 |
| 11 | L97 | S.C. Terra Valahica SRL | Berca, Jud. Buzau, 127035 |
| 12 | L129 | S.C. Bonas Import Export SRL | Dezmir, Jud. Cluj, 407039 |
| 13 | L84 | S.C. Picolact Prodcom SRL | Iclod, Jud. Cluj, 407335 |
| 14 | L122 | S.C. Napolact SA | Cluj-Napoca, Jud. Cluj, 400236 |
| 15 | L43 | S.C. Lactocorv SRL | Ion Corvin, Jud. Constanta, 907150 |
| 16 | L40 | S.C. Betina Impex SRL | Ovidiu, Jud. Constanta, 905900 |
| 17 | L41 | S.C. Elda Mec SRL | Topraisar, Jud. Constanta, 907210 |
| 18 | L87 | S.C. Niculescu Prod SRL | Cumpana, Jud. Constanta, 907105 |
| 19 | L118 | S.C. Assla Kar SRL | Medgidia, Jud. Constanta, 905600 |
| 20 | L130 | S.C. Muntina Prod SRL | Constanta, Jud. Constanta, 900735 |
| 21 | L58 | S.C. Industrializarea Laptelui SA | Targoviste, Jud. Dambovita, 130062 |
| 22 | L82 | S.C. Totallact Group S.A. | Dragodana, Jud. Dambovita, 137200 |
| 23 | L91 | S.C. Cosmilact SRL | Schela, Jud. Galati, 807265 |
| 24 | L55 | S.C. Gordon Prod SRL | Bisericani, Jud. Harghita, 535062 |
| 25 | L65 | S.C. Karpaten Milk | Suseni, Jud. Harghita, 537305 |
| 26 | L124 | S.C. Primulact SRL | Miercurea Ciuc, Jud. Harghita, 530242 |
| 27 | L15 | S.C. Teletext SRL | Slobozia, Jud. Ialomita, 920066 |
| 28 | L99 | S.C. Valizvi Prod Com SRL | Garbovi, Jud. Ialomita, 927120 |
| 29 | L47 | S.C. Oblaza SRL | Bârsana, Jud. Maramures, 437035 |
| 30 | L85 | S.C. Avi-Seb Impex SRL | Copalnic, Manastur, Jud. Maramures, 437103 |
| 31 | L86 | S.C. Zea SRL | Boiu Mare, Jud. Maramures, 437060 |
| 32 | L16 | S.C. Roxar Prod Com SRL | Cernesti, Jud. Maramures, 437085 |
| 33 | L54 | S.C. Rodlacta S.R.L. | Faragau, Jud. Mures, 547225 |
| 34 | L32 | S.C. Hochland Romania SRL | Sighisoara, Jud. Mures, 545400 |
| 35 | L21 | S.C. Industrializarea Laptelui Mures S.A. | Targu Mures, Jud. Mures, 540390 |
| 36 | L108 | S.C. Lactex Reghin SRL | Solovastru, Jud. Mures, 547571 |
| 37 | L121 | S.C. Mirdatod Prod S.R.L | Ibanesti, Jud. Mures, 547325 |
| 38 | L96 | S.C. Prod A.B.C. Company SRL | Grumazesti, Jud. Neamt, 617235 |
| 39 | L101 | S.C. 1 Decembrie SRL | Targu Neamt, Jud. Neamt, 615235 |
| 40 | L106 | S.C. Rapanu SR. COM SRL | Petricani, Jud. Neamt, 617315 |
| 41 | L6 | S.C Lacta Han Prod SRL | Urecheni, Jud. Neamt, 617490 |
| 42 | L123 | S.C. ProCom Pascal SRL | Pastraveni, Jud. Neamt, 617300 |
| 43 | L63 | S.C. Zoe Gab SRL | Fulga, Jud. Prahova, 107260 |
| 44 | L50 | S.C. Ecolact Prod SRL | Paulesti, Jud. Prahova, 107246 |
| 45 | L100 | S.C. Alto Impex SRL | Provita de Jos, Jud. Prahova, 107477 |
| 46 | L53 | S.C. Friesland Romania SA | Carei, Jud. Satu Mare, 445100 |
| 47 | L93 | S.C. Agrostar Company Lyc SRL | Ciuperceni, Jud. Satu Mare, 447067 |
| 48 | L120 | S.C. Unicarm SRL | Vetis, Jud. Satu Mare, 447355 |
| 49 | L88 | S.C. Agromec Crasna S.A. | Crasna, Jud. Salaj, 457085 |
| 50 | L89 | S.C. Ovinex SRL | Sarmasag, Jud. Salaj, 457330 |
| 51 | L67 | S.C. Gefa Impex SRL | Talmaciu, Jud. Sibiu, 555700 |
| 52 | L71 | S.C. Lacto Sibiana S.A. | Sura Mica, Jud. Sibiu, 557270 |
| 53 | L5 | S.C. Niro Serv Com SRL | Gura Humorului, Jud. Suceava, 725300 |
| 54 | L36 | S.C. Prolact Prod Com SRL | Vicovu de Sus, Jud. Suceava, 727610 |
| 55 | L83 | S.C. Balaceana Prod SRL | Balaceana, Jud. Suceava, 727125 |
| 56 | L128 | S.C. Tudia SRL | Gramesti, Jud. Suceava, 727285 |
| 57 | L68 | S.C. Aida SRL | Galanesti, Jud. Suceava, 727280 |
| 58 | L80 | S.C. Industrial Marian S.R.L. | Drănceni, Jud. Vaslui, 737220 |
| 59 | L 136 | S.C. Campaei Prest SRL | Hidiseul de Sus, Jud. Bihor, 417277 |
| 60 | L135 | S.C. Multilact SRL | Baia Mare, Jud. Maramures, 430015 |
| 61 | L134 | S.C. Lactocrist S.R.L. | Cristian, Jud. Sibiu, 557085 |
| 62 | L137 | S.C. Dunarea Prod S.R.L. | Milcovul, Jud. Vrancea, 627205 |

No

Veterinary No

Name of establishment

Town/Street or Village/Region

1

L18

S.C. Depcoinf MBD SRL

Targu Trotus, Jud. Bacau, 607630

2

L72

S.C. Lactomuntean SRL

Teaca, Jud. Bistrita Nasaud, 427345

3

L78

S.C. Romfulda Prod SRL

Beclean, Jud. Bistrita Nasaud, 425100

4

L107

S.C. Bendear Cris Prod Com SRL

Sieu Magherus, Jud. Bistrita-Nasaud, 427295

5

L109

S.C. G&B Lumidan SRL

Rodna, Jud. Bistrita-Nasaud, 427245

6

L110

S.C. Lech Lacto SRL

Lechinta, Jud. Bistrita-Nasaud, 427105

7

L3

S.C. Aby Impex SRL

Sendriceni, Jud. Botosani, 717380

8

L4

S.C. Spicul 2 SRL

Dorohoi, Jud. Botosani, 715200

9

L116

S.C. Ram SRL

Ibanesti, Jud. Botosani, 717215

10

L73

S.C. Eurocheese Productie SRL

Bucuresti, 030608

11

L97

S.C. Terra Valahica SRL

Berca, Jud. Buzau, 127035

12

L129

S.C. Bonas Import Export SRL

Dezmir, Jud. Cluj, 407039

13

L84

S.C. Picolact Prodcom SRL

Iclod, Jud. Cluj, 407335

14

L122

S.C. Napolact SA

Cluj-Napoca, Jud. Cluj, 400236

15

L43

S.C. Lactocorv SRL

Ion Corvin, Jud. Constanta, 907150

16

L40

S.C. Betina Impex SRL

Ovidiu, Jud. Constanta, 905900

17

L41

S.C. Elda Mec SRL

Topraisar, Jud. Constanta, 907210

18

L87

S.C. Niculescu Prod SRL

Cumpana, Jud. Constanta, 907105

19

L118

S.C. Assla Kar SRL

Medgidia, Jud. Constanta, 905600

20

L130

S.C. Muntina Prod SRL

Constanta, Jud. Constanta, 900735

21

L58

S.C. Industrializarea Laptelui SA

Targoviste, Jud. Dambovita, 130062

22

L82

S.C. Totallact Group S.A.

Dragodana, Jud. Dambovita, 137200

23

L91

S.C. Cosmilact SRL

Schela, Jud. Galati, 807265

24

L55

S.C. Gordon Prod SRL

Bisericani, Jud. Harghita, 535062

25

L65

S.C. Karpaten Milk

Suseni, Jud. Harghita, 537305

26

L124

S.C. Primulact SRL

Miercurea Ciuc, Jud. Harghita, 530242

27

L15

S.C. Teletext SRL

Slobozia, Jud. Ialomita, 920066

28

L99

S.C. Valizvi Prod Com SRL

Garbovi, Jud. Ialomita, 927120

29

L47

S.C. Oblaza SRL

Bârsana, Jud. Maramures, 437035

30

L85

S.C. Avi-Seb Impex SRL

Copalnic, Manastur, Jud. Maramures, 437103

31

L86

S.C. Zea SRL

Boiu Mare, Jud. Maramures, 437060

32

L16

S.C. Roxar Prod Com SRL

Cernesti, Jud. Maramures, 437085

33

L54

S.C. Rodlacta S.R.L.

Faragau, Jud. Mures, 547225

34

L32

S.C. Hochland Romania SRL

Sighisoara, Jud. Mures, 545400

35

L21

S.C. Industrializarea Laptelui Mures S.A.

Targu Mures, Jud. Mures, 540390

36

L108

S.C. Lactex Reghin SRL

Solovastru, Jud. Mures, 547571

37

L121

S.C. Mirdatod Prod S.R.L

Ibanesti, Jud. Mures, 547325

38

L96

S.C. Prod A.B.C. Company SRL

Grumazesti, Jud. Neamt, 617235

39

L101

S.C. 1 Decembrie SRL

Targu Neamt, Jud. Neamt, 615235

40

L106

S.C. Rapanu SR. COM SRL

Petricani, Jud. Neamt, 617315

41

L6

S.C Lacta Han Prod SRL

Urecheni, Jud. Neamt, 617490

42

L123

S.C. ProCom Pascal SRL

Pastraveni, Jud. Neamt, 617300

43

L63

S.C. Zoe Gab SRL

Fulga, Jud. Prahova, 107260

44

L50

S.C. Ecolact Prod SRL

Paulesti, Jud. Prahova, 107246

45

L100

S.C. Alto Impex SRL

Provita de Jos, Jud. Prahova, 107477

46

L53

S.C. Friesland Romania SA

Carei, Jud. Satu Mare, 445100

47

L93

S.C. Agrostar Company Lyc SRL

Ciuperceni, Jud. Satu Mare, 447067

48

L120

S.C. Unicarm SRL

Vetis, Jud. Satu Mare, 447355

49

L88

S.C. Agromec Crasna S.A.

Crasna, Jud. Salaj, 457085

50

L89

S.C. Ovinex SRL

Sarmasag, Jud. Salaj, 457330

51

L67

S.C. Gefa Impex SRL

Talmaciu, Jud. Sibiu, 555700

52

L71

S.C. Lacto Sibiana S.A.

Sura Mica, Jud. Sibiu, 557270

53

L5

S.C. Niro Serv Com SRL

Gura Humorului, Jud. Suceava, 725300

54

L36

S.C. Prolact Prod Com SRL

Vicovu de Sus, Jud. Suceava, 727610

55

L83

S.C. Balaceana Prod SRL

Balaceana, Jud. Suceava, 727125

56

L128

S.C. Tudia SRL

Gramesti, Jud. Suceava, 727285

57

L68

S.C. Aida SRL

Galanesti, Jud. Suceava, 727280

58

L80

S.C. Industrial Marian S.R.L.

Drănceni, Jud. Vaslui, 737220

59

L 136

S.C. Campaei Prest SRL

Hidiseul de Sus, Jud. Bihor, 417277

60

L135

S.C. Multilact SRL

Baia Mare, Jud. Maramures, 430015

61

L134

S.C. Lactocrist S.R.L.

Cristian, Jud. Sibiu, 557085

62

L137

S.C. Dunarea Prod S.R.L.

Milcovul, Jud. Vrancea, 627205

---

ANNEX IV

REPORT FORM AS REFERRED TO IN ARTICLE 6

| Establishment number | Name | Address | Region | Progress made (short description) | Estimated level of compliance in
  (%) | Planned date for compliance |
| --- | --- | --- | --- | --- | --- | --- |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |

Establishment number

Name

Address

Region

Progress made (short description)

Estimated level of compliance in

(%)

Planned date for compliance

| Region | Total of No dairy farms
  31.12.2009 | No of dairy farms with non-compliant milk
  31.12.2009 | % non-compliant dairy farms out of the total
  31.12.2009 | Total No of dairy farms
  30.11.2010 | No of dairy farms with non-compliant milk
  30.11.2010 | % non-compliant dairy farms out of the total
  30.11.2010 | Total No of dairy farms
  30.9.2011 | No of dairy farms with non-compliant milk
  30.9.2011 | % non-compliant dairy farms out of the total
  30.9.2011 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |
| Summary RO | | | | | | | | | |

Region

Total of No dairy farms

31.12.2009

No of dairy farms with non-compliant milk

31.12.2009

% non-compliant dairy farms out of the total

31.12.2009

Total No of dairy farms

30.11.2010

No of dairy farms with non-compliant milk

30.11.2010

% non-compliant dairy farms out of the total

30.11.2010

Total No of dairy farms

30.9.2011

No of dairy farms with non-compliant milk

30.9.2011

% non-compliant dairy farms out of the total

30.9.2011

Summary RO

| Region | Total No of milk collection points
  31.12.2009 | No of non-compliant milk collection points
  31.12.2009 | % non-compliant collection points out of the total
  31.12.2009 | Total No of milk collection points
  30.11.2010 | No of non-compliant milk collection points
  30.11.2010 | % non-compliant collection points out of the total
  30.11.2010 | Total No of milk collection points
  30.9.2011 | % non-compliant collection points out of the total
  30.9.2011 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| Summary RO | | | | | | | | |

Region

Total No of milk collection points

31.12.2009

No of non-compliant milk collection points

31.12.2009

% non-compliant collection points out of the total

31.12.2009

Total No of milk collection points

30.11.2010

No of non-compliant milk collection points

30.11.2010

% non-compliant collection points out of the total

30.11.2010

Total No of milk collection points

30.9.2011

% non-compliant collection points out of the total

30.9.2011

Summary RO

---

| 27.11.2009 | EN | Official Journal of the European Union | L 312/71 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/71

---

COMMISSION DECISION

of 26 November 2009

authorising France to conclude an agreement with Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna respectively for transfers of funds between France and each of these territories to be treated as transfers of funds within France, pursuant to Regulation (EC) No 1781/2006 of the European Parliament and of the Council

(notified under document C(2009) 9254)

(Only the French text is authentic)

(2009/853/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds (1), and in particular Article 17 thereof,

Having regard to the application from France,

Whereas:

| (1) | On 28 November 2007, France requested a derogation under Article 17 of Regulation (EC) No 1781/2006 for the transfers of funds between Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna respectively and France. |
| --- | --- |

(1)

On 28 November 2007, France requested a derogation under Article 17 of Regulation (EC) No 1781/2006 for the transfers of funds between Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna respectively and France.

| (2) | In accordance with Article 17(2) of Regulation (EC) No 1781/2006, transfers of funds between Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna respectively and France have been provisionally treated as transfers of funds within France from 4 December 2007. |
| --- | --- |

(2)

In accordance with Article 17(2) of Regulation (EC) No 1781/2006, transfers of funds between Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna respectively and France have been provisionally treated as transfers of funds within France from 4 December 2007.

| (3) | Member States were informed at the meeting of the Committee for the Prevention of Money Laundering and Terrorist Financing of 16 June 2009 that the Commission considered that it had received the information necessary for appraising the request made by France. |
| --- | --- |

(3)

Member States were informed at the meeting of the Committee for the Prevention of Money Laundering and Terrorist Financing of 16 June 2009 that the Commission considered that it had received the information necessary for appraising the request made by France.

| (4) | Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna do not form part of the territory of the Community as determined in accordance with Article 299 of the EC Treaty. However, Saint-Pierre-et-Miquelon and Mayotte through a Council Decision of 31 December 1998 as well as New Caledonia, French Polynesia and Wallis and Futuna through Protocol 27 on France annexed to the Treaty of the European Community form part of the currency area of France. Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna therefore comply with the criterion set out in Article 17(1)(a) of Regulation (EC) No 1781/2006. |
| --- | --- |

(4)

Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna do not form part of the territory of the Community as determined in accordance with Article 299 of the EC Treaty. However, Saint-Pierre-et-Miquelon and Mayotte through a Council Decision of 31 December 1998 as well as New Caledonia, French Polynesia and Wallis and Futuna through Protocol 27 on France annexed to the Treaty of the European Community form part of the currency area of France. Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna therefore comply with the criterion set out in Article 17(1)(a) of Regulation (EC) No 1781/2006.

| (5) | Payment services providers in Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna participate directly in payment and settlement systems in France, namely either CORE or Target2-Banque de France. They therefore comply with the criterion set out in Article 17(1)(b) of Regulation (EC) No 1781/2006. |
| --- | --- |

(5)

Payment services providers in Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna participate directly in payment and settlement systems in France, namely either CORE or Target2-Banque de France. They therefore comply with the criterion set out in Article 17(1)(b) of Regulation (EC) No 1781/2006.

| (6) | EC regulations to be applicable to Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna require the adoption by France of specific legislation to this effect. The adoption by France of Order No 2009-102 of 30 January 2009 on information on the payer accompanying transfers of funds to and from Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna ensures that those territories have incorporated into their legal order provisions corresponding to those of Regulation (EC) No 1781/2006. |
| --- | --- |

(6)

EC regulations to be applicable to Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna require the adoption by France of specific legislation to this effect. The adoption by France of Order No 2009-102 of 30 January 2009 on information on the payer accompanying transfers of funds to and from Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna ensures that those territories have incorporated into their legal order provisions corresponding to those of Regulation (EC) No 1781/2006.

| (7) | Order No 2009-103 of 30 January 2009 concerning the freezing of assets notably in the fight against terrorism financing ensure that appropriate measures are in place in to Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna to impose financial penalties vis-à-vis entities or persons listed by the United Nations or the European Union. |
| --- | --- |

(7)

Order No 2009-103 of 30 January 2009 concerning the freezing of assets notably in the fight against terrorism financing ensure that appropriate measures are in place in to Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna to impose financial penalties vis-à-vis entities or persons listed by the United Nations or the European Union.

| (8) | Order No 2006-60 of 19 January 2006 modernising the financial and economic law applicable to Mayotte, New Caledonia, French Polynesia and Wallis and Futuna, Decree No 2006-736 of 26 June 2006 concerning the fight against money laundering and modifying the financial and monetary code and Law No 2004-130 of 11 February 2004 reforming the statute of some judiciary and legal professions ensure that Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna have in place an anti-money laundering regime equivalent to that in application on the French territory as regards transfers of funds. |
| --- | --- |

(8)

Order No 2006-60 of 19 January 2006 modernising the financial and economic law applicable to Mayotte, New Caledonia, French Polynesia and Wallis and Futuna, Decree No 2006-736 of 26 June 2006 concerning the fight against money laundering and modifying the financial and monetary code and Law No 2004-130 of 11 February 2004 reforming the statute of some judiciary and legal professions ensure that Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna have in place an anti-money laundering regime equivalent to that in application on the French territory as regards transfers of funds.

| (9) | Therefore, Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna have adopted the same rules as those established under Regulation (EC) No 1781/2006 and require their respective payment services providers to apply them, thus fulfilling the criterion set out in Article 17(1)(c) of that Regulation. |
| --- | --- |

(9)

Therefore, Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna have adopted the same rules as those established under Regulation (EC) No 1781/2006 and require their respective payment services providers to apply them, thus fulfilling the criterion set out in Article 17(1)(c) of that Regulation.

| (10) | It is therefore appropriate to grant to France the requested derogation. |
| --- | --- |

(10)

It is therefore appropriate to grant to France the requested derogation.

| (11) | The measures provided for in this Decision are in accordance with the opinion of the Committee on the Prevention of Money Laundering and Terrorist Financing, |
| --- | --- |

(11)

The measures provided for in this Decision are in accordance with the opinion of the Committee on the Prevention of Money Laundering and Terrorist Financing,

HAS ADOPTED THIS DECISION:

Article 1

France shall be authorised to conclude an agreement with Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna respectively, to the effect that the transfers of funds between Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna respectively and France are treated as transfers of funds within France for the purposes of Regulation (EC) No 1781/2006.

Article 2

This Decision is addressed to the French Republic.

Done at Brussels, 26 November 2009.

For the Commission

Charlie McCREEVY

Member of the Commission

---

(1)  
  OJ L 345, 8.12.2006, p. 1.

1

---

III Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

| 27.11.2009 | EN | Official Journal of the European Union | L 312/73 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

L 312/73

---

COUNCIL JOINT ACTION 2009/854/CFSP

of 20 November 2009

amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

| (1) | On 25 November 2005, the Council adopted Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (1). |
| --- | --- |

(1)

On 25 November 2005, the Council adopted Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (1).

| (2) | On 10 November 2008, the Council adopted Joint Action 2008/862/CFSP (2) amending and extending Joint Action 2005/889/CFSP until 24 November 2009. |
| --- | --- |

(2)

On 10 November 2008, the Council adopted Joint Action 2008/862/CFSP (2) amending and extending Joint Action 2005/889/CFSP until 24 November 2009.

| (3) | Joint Action 2005/889/CFSP should be further extended until 24 May 2010, |
| --- | --- |

(3)

Joint Action 2005/889/CFSP should be further extended until 24 May 2010,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2005/889/CFSP is hereby amended as follows:

| 1. | Article 13(1) is replaced by the following:

  ‘1.   The financial reference amount intended to cover the expenditure related to the mission for the period from 25 November 2009 to 24 May 2010 shall be EUR 1 120 000’; |
| --- | --- |

1.

Article 13(1) is replaced by the following:

‘1.   The financial reference amount intended to cover the expenditure related to the mission for the period from 25 November 2009 to 24 May 2010 shall be EUR 1 120 000’;

| 2. | second paragraph of Article 16 is replaced by the following:
  ‘It shall expire on 24 May 2010.’; |
| --- | --- |

2.

second paragraph of Article 16 is replaced by the following:

‘It shall expire on 24 May 2010.’;

| 3. | Article 17 is replaced by the following:

  ‘Article 17
  Review
  This Joint Action shall be reviewed by 15 April 2010.’. |
| --- | --- |

3.

Article 17 is replaced by the following:

‘Article 17

Review

This Joint Action shall be reviewed by 15 April 2010.’.

Article 2

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

Article 3

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

Done at Brussels, 20 November 2009.

For the Council

The President

E. ERLANDSSON

---

(1)  
  OJ L 327, 14.12.2005, p. 28.

1

(2)  
  OJ L 306, 15.11.2008, p. 98.

2

---