COMMISSION IMPLEMENTING REGULATION (EU) 2021/883

of 1 June 2021

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

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

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

Whereas:

(1) Commission Regulation (EC) No 474/2006 (2) establishes the list of air carriers, which are subject to an operating ban within the Union.

(2) Certain Member States and the European Union Aviation Safety Agency (‘the Agency’) communicated to the Commission, pursuant to Article 4(3) of Regulation (EC) No 2111/2005, information that is relevant for updating that list. Third countries and international organisations also provided relevant information. The information provided contributes to the determination that the list should be updated.

(3) The Commission informed all air carriers concerned, either directly or through the authorities responsible for their regulatory oversight, about the essential facts and considerations which would form the basis of a decision to impose an operating ban on them within the Union or to modify the conditions of an operating ban imposed on an air carrier, which is included in the list in Annex A or B to Regulation (EC) No 474/2006.

(4) The Commission gave the air carriers concerned the opportunity to consult all relevant documentation, to submit written comments and to make an oral presentation to the Commission and to the Committee established by Regulation (EC) No 2111/2005 (the ‘EU Air Safety Committee’).

(5) The Commission has informed the EU Air Safety Committee about the ongoing joint consultations, within the framework of Regulation (EC) No 2111/2005 and Commission Regulation (EC) No 473/2006 (3), with the competent authorities and air carriers of Armenia, Indonesia, Kazakhstan, Kyrgyzstan, Moldova, Pakistan and Russia. The Commission also informed the EU Air Safety Committee about the aviation safety situation in the Dominican Republic, Equatorial Guinea, Libya, Nepal, and South Sudan.

(6) The Agency informed the Commission and the EU Air Safety Committee about the technical assessments conducted for the initial evaluation and the continuous monitoring of third country operator (‘TCO’) authorisations, issued pursuant to Commission Regulation (EU) No 452/2014 (4).

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

(8) In addition, the Agency informed the Commission and the EU Air Safety Committee about the technical assistance projects carried out in third countries affected by an operating ban under Regulation (EC) No 474/2006. Furthermore, the Agency provided information on the plans and requests for further technical assistance and cooperation to improve the administrative and technical capability of civil aviation authorities in third countries with a view to helping them resolve non-compliance with applicable international civil aviation safety standards. Member States were invited to respond to such requests on a bilateral basis in coordination with the Commission and the Agency. In that regard, the Commission reiterated the usefulness of providing information to the international aviation community, particularly through the International Civil Aviation Organisation's (‘ICAO’) Aviation Safety Implementation Assistance Partnership tool, on technical assistance to third countries provided by the Union and Member States to improve aviation safety around the world.

(9) Eurocontrol provided the Commission and the EU Air Safety Committee with an update on the status of the SAFA and TCO alarming functions, including statistics about alert messages for banned air carriers.

Union air carriers

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

(11) Member States reiterated their readiness to act as necessary in the event that the relevant safety information indicates imminent safety risks resulting from non-compliance by Union air carriers with the relevant safety standards.

Air carriers from Armenia

(12) In June 2020, air carriers from Armenia were included in Annex A to Regulation (EC) No 474/2006, by Commission Implementing Regulation (EU) 2020/736 (6).

(13) On 15 April 2021, the Commission, the Agency, Member States and representatives of the Civil Aviation Committee of Armenia (‘CAC’) held a technical meeting, during which the CAC provided information on its oversight activities and on the progress of the corrective action plan developed in July 2020. The CAC provided also an overview of challenges encountered during the last year, information about the overall situation of the aviation environment in Armenia and the gaps identified in different areas of responsibility of the CAC requiring attention.

(14) Additionally, during that meeting, the CAC provided a detailed presentation on the status of the implementation of the corrective actions to the observations raised during the Union on-site assessment visit from February 2020 and an overview regarding the CAC’s risk management process.

(15) In this context, the CAC informed the Commission that the Air Operator Certificates (‘AOC’) of the air carriers Atlantis European Airways and Mars Avia have been revoked, and that the new air carriers Fly Armenia Airways (AOC No 070), Novair (AOC No 071) and Shirak Avia (AOC No 072) have been certified. Since the CAC has not demonstrated a sufficient ability to implement and enforce the relevant safety standards, the issuance of AOCs to those new air carriers does not guarantee sufficient compliance with international safety standards.

(16) The Commission takes note of the progress made by the CAC in addressing the aviation safety concerns that in June 2020 led to the inclusion of Armenian certified carriers in Annex A to Regulation (EC) No 474/2006. However, currently there is not enough evidence to justify lifting the operational restrictions on air carriers from Armenia. The Commission will continue its monitoring and assessment of how the situation develops further.

(17) In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission considers that with respect to air carriers from Armenia, the list of air carriers which are subject to an operating ban within the Union should be amended to include Fly Armenia Airways, Novair and Shirak Avia in Annex A to Regulation (EC) No 474/2006, and to remove Atlantis European Airways and Mars Avia from that Annex.

(18) Member States should continue verifying the effective compliance of air carriers certified in Armenia with the relevant international safety standards through prioritisation of ramp inspections of all those carriers, pursuant to Regulation (EU) No 965/2012.

Air carriers from Indonesia

(19) In June 2018, all carriers from Indonesia were removed from Annex A to Regulation (EC) No 474/2006, by Commission Implementing Regulation (EU) 2018/871 (7).

(20) On 26 February 2021, the Directorate-General of Civil Aviation of Indonesia (‘DGCA Indonesia’) provided information and an update on the safety oversight activities for the period from September 2020 to February 2021. In addition to the update on the corrective action plan developed on the basis of the Union on-site assessment visit in March 2018, the information provided by DGCA Indonesia also included updates with respect to the list of AOC holders, registered aircraft, accidents, serious incidents, and aviation occurrences and enforcement measures taken by DGCA Indonesia.

(21) The Commission, having examined the information and documentation received, considers that all remaining open observations, stemming from the March 2018 on-site assessment visit, have been successfully addressed and can be closed. In view of the progress made, the Commission considers it sufficient that DGCA Indonesia should send an update once a year instead of the two it has done so far.

(22) In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission considers that with respect to air carriers from Indonesia, there are no grounds for amending the list of air carriers, which are subject to an operating ban within the Union.

(23) Member States should continue verifying the effective compliance of air carriers certified in Indonesia with the relevant international safety standards through prioritisation of ramp inspections of all those carriers, pursuant to Regulation (EU) No 965/2012.

(24) Where any relevant safety information reveals imminent safety risks resulting from non-compliance with international safety standards, further action by the Commission may become necessary, in accordance with Regulation (EC) No 2111/2005.

Air carriers from Kazakhstan

(25) In December 2016, air carriers from Kazakhstan were removed from Annex A to Regulation (EC) No 474/2006, by Commission Implementing Regulation (EU) 2016/2214 (8).

(26) In February 2020, as part of the continuous monitoring of the safety oversight system in Kazakhstan, formal consultations were opened with the competent authorities of Kazakhstan. In that context, at the occasion of its meetings in May and November 2020, the EU Air Safety Committee was provided with an overview of the safety oversight situation in Kazakhstan.

(27) As a follow up to the November 2020 EU Air Safety Committee deliberations, the Commission and the Agency have maintained a continuous contact with the Aviation Administration of Kazakhstan Joint Stock Company (‘AAK’). In that context, a video conference call took place on 26 March 2021 between the Commission, the Agency, Member States and representatives from both the Civil Aviation Committee of Kazakhstan and the AAK. During that technical meeting, the AAK provided a comprehensive presentation of the measures taken to improve the safety oversight in Kazakhstan, including an overview of its surveillance activities, its plans as regards the recruitment and training of technical personnel, and the enforcement actions taken towards some of the air carriers certified in Kazakhstan. In addition, the AAK emphasized its commitment to further pursuing its policy of continuous improvement, including its essential work on safety oversight development.

(28) Furthermore, the AAK presented its strategy for 2021-2025, including adoption of the new aviation law and the consequential amendments to the Kazakh national legislative framework.

(29) Based on the information currently available, it can be concluded that substantial efforts and consequential developments have been made to address the safety situation in Kazakhstan. Whilst acknowledging the progress made to date, the Commission should continue its monitoring and assessment of how the situation develops further. In this context, the Commission intends to carry out, with the assistance of the Agency and Member States, a Union on-site assessment visit to Kazakhstan.

(30) In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission considers that with respect to air carriers from Kazakhstan, there are no grounds for amending the list of air carriers, which are subject to an operating ban within the Union.

(31) Member States should continue verifying the effective compliance of air carriers certified in Kazakhstan with the relevant international safety standards through prioritisation of ramp inspections of all those carriers, pursuant to Regulation (EU) No 965/2012.

(32) Where any relevant safety information reveals imminent safety risks resulting from non-compliance with international safety standards, further action by the Commission may become necessary, in accordance with Regulation (EC) No 2111/2005.

Air carriers from Kyrgyzstan

(33) In October 2006, air carriers from Kyrgyzstan were included in Annex A to Regulation (EC) No 474/2006, by Commission Regulation (EC) No 1543/2006 (9).

(34) On 25 November 2020, at Kyrgyzstan’s request and as part of continuous monitoring activities, the Commission, the Agency and representatives of the Civil Aviation Agency of the Kyrgyz Republic (‘CAA KG’) held a technical meeting, during which the CAA KG provided a comprehensive presentation of its organisation and functions, including the basic principles of its conduct of safety oversight. Other information provided by the CAA KG included the staffing challenges it is encountering, an overview of the Kyrgyz legislative framework, and its strategic approach to technical development within the context of aviation safety capacity building. It also provided an update with respect to the list of AOC holders and registered aircraft.

(35) Furthermore, on 14 December 2020, as a follow-up to the 25 November 2020 technical meeting, CAA KG informed the Commission that the air carriers Heli Sky (AOC No 47), Valor Air (AOC No 07), AeroStan (AOC No 08), KAP.KG Aircompany (AOC No 52) and FlySky Airlines (AOC No 53) hold an active AOC. Since the CAA KG has not demonstrated that it has a sufficient ability to implement and enforce the relevant safety standards, the issuance of AOCs to those new air carriers does not guarantee sufficient compliance with international safety standards.

(36) In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission considers that the list of air carriers from Kyrgyzstan, which are subject to an operating ban within the Union, should be amended to include AeroStan, FlySky Airlines, Heli Sky, KAP.KG Aircompany and Valor Air in Annex A to Regulation (EC) No 474/2006.

(37) Member States should continue verifying the effective compliance of air carriers certified in Kyrgyzstan with the relevant international safety standards through prioritisation of ramp inspections of all those carriers, pursuant to Regulation (EU) No 965/2012.

Air carriers from Moldova

(38) In April 2019, all air carriers from Moldova, except for Air Moldova, Fly One and Aerotranscargo, were included in Annex A to Regulation (EC) No 474/2006 by Commission Implementing Regulation (EU) 2019/618 (10).

(39) By letter of 2 March 2021, the Civil Aviation Authority of Moldova (‘CAAM’) provided information and a comprehensive update on the corrective action plan addressing the observations and recommendations resulting from the Union on-site assessment visit in February 2019.

(40) The Commission, having examined the information and documentation received, considers that the explanations given on the corrective action plan are well-structured and adequate.

(41) On 25 March 2021, at Moldova’s request and as part of continuous monitoring activities, the Commission, the Agency, Member States and representatives of the CAAM held a technical meeting, during which the CAAM provided a comprehensive overview of its organisation and functions, including the basic principles of its conduct of safety oversight. Other information provided by the CAAM included an updated overview of developments and state-of-play of their corrective action plan addressing the observations and recommendations resulting from the Union on-site assessment visit in February 2019. The CAAM stated that the vast majority of the observations of the corrective action plan were closed, with only four observations still open.

(42) During that meeting, the CAAM informed the Commission that all Moldovan air carriers were recertified according to the new operational regulation, which transposed in Moldova’s legislation Commission Regulation (EU) No 965/2012 (11). At present, there are 11 AOC holders in Moldova. The majority of the eight AOC holders that are not holding a TCO authorisation are performing operations from bases outside of Moldova. According to the CAAM, the surveillance of these out-bases is being performed in accordance with the international safety standards.

(43) Furthermore, the CAAM informed the Commission that the new air carrier HiSky (AOC No MD 025) has been certified. Since the CAAM has not demonstrated that it has a sufficient ability to implement and enforce the relevant safety standards, the issuance of an AOC to this new air carrier does not guarantee sufficient compliance with international safety standards.

(44) Based on the information currently available, it seems that the CAAM has made substantial efforts in the implementation of international safety standards. However, currently there is not enough evidence to justify lifting the operational restrictions on air carriers from Moldova. The information provided about the improvements should be further verified during a Union on-site assessment visit to Moldova.

(45) In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission considers that with respect to air carriers from Moldova the list of air carriers, which are subject to an operating ban within the Union, should be amended to include HiSky in Annex A to Regulation (EC) No 474/2006.

(46) Member States should continue verifying the effective compliance of air carriers certified in Moldova with the relevant international safety standards through prioritisation of ramp inspections of all those carriers, pursuant to Regulation (EU) No 965/2012.

(47) Where any relevant safety information reveals imminent safety risks resulting from non-compliance with international safety standards, further action by the Commission may become necessary, in accordance with Regulation (EC) No 2111/2005.

Air carriers from Pakistan

(48) In March 2007, Pakistan International Airlines was included in Annex B to Regulation (EC) No 474/2006 by Commission Regulation (EC) No 235/2007 (12) and subsequently removed in November 2007 by Commission Regulation (EC) No 1400/2007 (13).

(49) On 24 June 2020, a statement from the Pakistan Federal Minister for Aviation revealed that a high number of pilot licenses, issued by the Pakistan Civil Aviation Authority (‘PCAA’), were obtained by fraudulent means.

(50) This event, and the apparent lack of effective safety oversight by the PCAA, has led the Agency to suspend the TCO authorisations of Pakistan International Airlines and Vision Air with effect from 1 July 2020.

(51) On 1 July 2020, the Commission opened consultations with the PCAA pursuant to Article 3(2) of Regulation (EC) No 473/2006, and requested the PCAA to provide information about its response to the Federal Minister’s statement. In particular, the Commission requested information about the oversight of Pakistan-certified air carriers, including their Safety Management Systems, as well as evidence that a similar situation is not prevalent in other domains also subject to the PCAA safety oversight, such as cabin crew certification, the licensing of maintenance engineers, or the certification of air carriers.

(52) In 2020, the Commission organised two technical meetings with the PCAA, on 9 July and 25 September.

(53) In preparation for the May 2021 EU Air Safety Committee meeting and considering the Agency’s procedural requirements related to the TCO suspensions of Pakistan International Airlines and Vision Air, the Commission organised a technical meeting on 15 and 16 March 2021 to ensure coordination between the Commission and the Agency with respect to their respective obligations. Member States’ representatives attended those meetings.

(54) During those meetings various issues were discussed, in particular crew licensing, air operations, airworthiness, occurrence reporting, and the PCAA’s responses to the safety recommendations and their follow-up.

(55) The PCAA has provided relevant evidence and information that has been assessed by the Commission and the Agency experts. Whereas it has been found that the PCAA has a sufficient number of competent and knowledgeable staff, some organisational issues of concern have been identified. Those include quality management deficiencies of the documented procedures, lack of guidance for the inspectors, non-compliant Airline Transport Pilot License qualification process, little or no tracking of corrective actions as a result of findings, and lack of proper root-cause analysis capabilities.

(56) Furthermore, the PCAA could not provide evidence that Pakistan has notified ICAO of its substantial derogations from the applicable international safety standards of ICAO Annex 1 as stipulated in the section ‘Personnel Licensing’.

(57) Based on the assessment of available evidence and information, the Commission acknowledges the PCAA’s efforts to adopt corrective actions to address the identified safety deficiencies. The Commission, however, should continue monitoring the situation in Pakistan, including through a Union on-site assessment visit to Pakistan.

(58) In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission considers that with respect to air carriers from Pakistan, there are no grounds for amending the list of air carriers, which are subject to an operating ban within the Union.

(59) Member States should continue verifying the effective compliance of air carriers certified in Pakistan with the relevant international safety standards through prioritisation of ramp inspections of all those carriers, pursuant to Regulation (EU) No 965/2012.

(60) Where any relevant safety information reveals imminent safety risks resulting from non-compliance with international safety standards, further action by the Commission may become necessary, in accordance with Regulation (EC) No 2111/2005.

Air carriers from Russia

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

(62) On 14 April 2021, representatives from the Commission, the Agency and the Member States met with representatives from the Russian Federal Air Transport Agency (‘FATA’) to review the safety performance of air carriers certified in Russia on the basis of ramp inspection reports carried out in the period from 15 October 2020 to 14 April 2021, and to identify in which cases FATA should strengthen its oversight activities.

(63) The review of the SAFA ramp inspections of air carriers certified in Russia did not reveal any significant or recurrent safety deficiency.

(64) Based on available information, including information provided by FATA at the 14 April 2021 meeting, the Commission considers that at this stage FATA has the necessary ability and willingness to address safety deficiencies when identified. On those grounds, a hearing of the Russian aviation authorities or of any air carriers certified in Russia before the EU Air Safety Committee was not deemed necessary.

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

(66) Member States should keep verifying effective compliance with the relevant international safety standards by the air carriers from Russia, through the conduct of ramp inspections in accordance with Regulation (EU) No 965/2012.

(67) Where those inspections detect an imminent safety risk resulting from non-compliance with international safety standards, the Commission can impose an operating ban on the Russian-certified air carriers concerned and include them in Annex A or Annex B to Regulation (EC) No 474/2006.

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

(69) Articles 5 and 6 of Regulation (EC) No 2111/2005 recognise the need for decisions to be taken swiftly and, where appropriate, urgently, given the safety implications. It is therefore essential, for the protection of sensitive information and the traveling public, that any decisions in the context of updating the list of air carriers which are subject to an operating ban or restriction within the Union, are published and enter into force immediately after their adoption.

(70) The measures provided for in this Regulation are in accordance with the opinion of the EU Air Safety Committee established by Regulation (EC) No 2111/2005,

HAS ADOPTED THIS REGULATION:

Article 1 Regulation (EC) No 474/2006 is amended as follows: (1) Annex A is replaced by the text in Annex I to this Regulation; (2) Annex B is replaced by the text in Annex II to this Regulation.

Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 1 June 2021. For the Commission, On behalf of the President, Adina VĂLEAN Member of the Commission

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

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

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

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

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

(6) Commission Implementing Regulation (EU) 2020/736 of 2 June 2020 amending Regulation (EC) No 474/2006 as regards the list of air carriers banned from operating or subject to operational restrictions within the Union (OJ L 172, 3.6.2020, p. 7).

(7) Commission Implementing Regulation (EU) 2018/871 of 14 June 2018 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are subject to an operating ban within the Union (OJ L 152, 15.6.2018, p. 5).

(8) Commission Implementing Regulation (EU) 2016/2214 of 8 December 2016 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are subject to an operating ban within the Union (OJ L 334, 9.12.2016, p. 6).

(9) Commission Regulation (EC) No 1543/2006 of 12 October 2006 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council and as amended by Regulation (EC) No 910/2006 (OJ L 283, 14.10.2006, p. 27).

(10) Commission Implementing Regulation (EU) 2019/618 of 15 April 2019 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are banned from operating or are subject to operational restrictions within the Union (OJ L 106, 17.4.2019, p. 1).

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

(12) Commission Regulation (EC) No 235/2007 of 5 March 2007 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (OJ L 66, 6.3.2007, p. 3).

(13) Commission Regulation (EC) No 1400/2007 of 28 November 2007 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (OJ L 311, 29.11.2007, p. 12)