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   (Text with EEA relevance)
Date: 2006-03-22
Institutions: European Commission
Subjects: air law, air safety, carrier, common transport policy, disclosure of information, transport regulations

L 84/8

EN

Official Journal of the European Union

23.3.2006

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

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Having regard to the Treaty
Community,

establishing the European

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),
‘the basic Regulation’), and in
referred to as
(hereinafter
particular Article 8 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Chapter II of the basic Regulation lays down procedures
for updating the Community list of air carriers which are
subject to an operating ban within the Community as
well as procedures allowing the Member States, in certain
circumstances, to adopt exceptional measures imposing
operating bans within their territory.

It is appropriate to adopt certain implementing measures
in order to provide detailed rules in respect of these
procedures.

In particular, it is appropriate to specify the information
to be provided by the Member States when they request
the Commission to adopt a decision under Article 4(2) of
the basic Regulation to update the Community list by
imposing a new operating ban,
lifting an existing ban
or modifying the attached conditions.

It is necessary to lay down conditions for the exercise of
to the
the rights of defence of
to
decisions adopted by the Commission in order
update the Community list.

the carriers subject

In the context of updating the list, the basic Regulation
requires the Commission to take due account of the need
for decisions to be taken swiftly and, where appropriate,
provide a procedure for urgent cases.

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

The Commission should receive adequate information on
any operating ban imposed by the Member States as
exceptional measures under Articles 6(1) and 6(2) of
the basic Regulation.

(7)

The measures provided for in this Regulation are in
accordance with the opinion of
Safety
Committee (2),

the Air

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down detailed rules in respect of
procedures referred to in Chapter II of the basic Regulation.

the

Article 2

Requests by Member States to update the Community list

1.
A Member State that requests the Commission to update
the Community list in accordance with Article 4(2) of the basic
Regulation shall provide to the Commission the information
indicated in Annex A to this Regulation.

The requests mentioned in paragraph 1 shall be addressed
2.
In
in writing to the Secretariat General of the Commission.
addition,
the information described in Annex A shall be
communicated simultaneously to the competent services of
the Directorate General
the
Commission electronically. If no suitable electronic procedure
is available, the same information shall be provided by the
fastest practicable alternative means.

for Energy and Transport of

The Commission shall

3.
inform the other Member States
through their representatives in the Air Safety Committee in
accordance with the procedures provided in the Committee’s
internal rules, as well as the European Aviation Safety Agency.

(2) Established by Article 12 of Council Regulation (EEC) No 3922/91
of 16 December 1991 on the harmonisation of
technical
requirements and administrative procedures in the field of civil
aviation (OJ L 373, 31.12.1991, p. 4).

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Official Journal of the European Union

L 84/9

Article 3

Joint consultation with the authorities with responsibility
for regulatory oversight of the air carrier concerned

A Member State that is considering making a request to
1.
the Commission under Article 4(2) of the basic Regulation shall
invite the Commission and the other Member States to parti-
cipate in any consultations with the authorities with responsi-
bility for regulatory oversight of the air carrier concerned.

In cases of urgency, the Commission shall not be required
3.
to comply with paragraph 1 before adopting a provisional
measure in accordance with Article 5(1) of the basic Regulation.

4. When the Commission adopts a decision under Article
4(2) or Article 5 of the basic Regulation, it shall immediately
inform the carrier and the authorities with responsibility for
regulatory oversight over the air carrier concerned.

The adoption of the decisions referred to in Article 4(2)
2.
and 5 of the basic Regulation shall be preceded, when appro-
priate and practicable, by consultations with the authorities with
the air carrier
responsibility for
regulatory oversight over
shall be held
concerned. Whenever possible, consultations
jointly by the Commission and the Member States.

In cases where urgency so requires,

3.
joint consultations
may be held only after the adoption of the decisions referred
in paragraph 2. In that case, the Authority concerned shall be
informed that a decision is about to be adopted under Article
4(2) or Article 5(1).

4.
Joint consultations may be conducted through corre-
spondence and take place during on-site visits in order to
permit the collection of evidence, where appropriate.

Article 4

Exercise of carriers’ right of defence

1. When the Commission is considering whether to adopt a
decision under Article 4(2) or Article 5 of the basic Regulation,
it shall disclose to the air carrier concerned the essential facts
and considerations which form the basis for such decision. The
air carrier concerned shall be given an opportunity to submit
written comments to the Commission within 10 working days
from the date of disclosure.

If

rules.

The Commission shall

2.
inform the other Member States
through their representatives in the Air Safety Committee in
accordance with the procedures provided in the Committee’s
shall be
internal
permitted to present its position orally before a decision is
reached. Where appropriate the oral presentation should be
made to the Air Safety Committee. During the audition, the
air carrier can be assisted by the authorities with responsibility
for its regulatory oversight if it so requests.

the air carrier

so requests,

it

Article 5

Enforcement

Member States shall inform the Commission of any measures
taken to implement the decisions adopted by the Commission
under Articles 4(2) or 5 of the basic Regulation.

Article 6

Exceptional measures adopted by a Member State

1. When a Member State has subjected an air carrier to an
immediate operating ban in its territory as permitted by Article
immediately inform the
6(1) of the basic Regulation,
Commission of
the fact and communicate the information
mentioned in Annex B.

it shall

2. When a Member State has maintained or imposed an
operating ban on an air carrier in its territory as permitted by
Article 6(2) of the basic Regulation it shall immediately inform
the Commission and communicate the information mentioned
in Annex C.

The information mentioned in paragraphs 1 and 2 shall
3.
the
be addressed in writing to the Secretariat General of
Commission. In addition, the information described in Annex
B or C shall be communicated simultaneously to the competent
services of the Directorate General for Energy and Transport of
the Commission electronically.
electronic
procedure is available, the same information shall be provided
by the fastest practicable alternative means.

If no suitable

The Commission shall

4.
inform the other Member States
through their representatives in the Air Safety Committee in
accordance with the procedures provided in the Committee’s
internal rules.

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Official Journal of the European Union

23.3.2006

Article 7

Entry into force

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

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

Done at Brussels, 22 March 2006.

For the Commission

Jacques BARROT
Vice-President

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Official Journal of the European Union

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ANNEX A

Information to be provided by a Member State making a request under Article 4(2) of the basic regulation

A Member State which requests under Article 4(2) of the Basic regulation the updating of the Community list shall
provide the following information to the Commission:

Member State making the request

— Name and function of official contact

— E-mail or telephone of official contact.

Carrier(s) and aircraft

— Concerned carrier(s), including legal entity name (indicated on AOC or equivalent) trading name (if different), AOC

number (if available), ICAO airline designation number (if known) and full contact details

— Name(s) and full contact details of the authority or authorities with responsibility for regulatory oversight of the air

carrier(s) concerned

— Details of the aircraft type(s), State(s) of registry, registration number(s) and, if available, construction serial numbers of

the aircraft affected.

Decision requested

— Type of decision requested:

imposition of operating ban, removal of an operating ban or modification of the

conditions of an operating ban

— Scope of the requested decision (specific carrier(s) or all carriers subject to a particular overseeing authority, specific

aircraft or type(s) of aircraft).

Request for the imposition of an operating ban

— Detailed description of the safety concern (eg inspection results) which led to the request for a total or partial ban

(related in order to each of the relevant common criteria in the Annex to the basic Regulation)

— Broad description of recommended condition(s) allowing the proposed ban to be cancelled/waived for use as the basis
for preparing a corrective action plan in consultation with the authority or authorities with responsibility for
regulatory oversight of the air carrier(s) concerned.

Request for the lifting of an operating ban or the modification of attached conditions

— Date and details of agreed corrective action plan, if applicable

— Evidence of subsequent compliance with the agreed corrective plan, if applicable

— Explicit written endorsement by the authority or authorities with responsibility for regulatory oversight of the air

carrier(s) concerned that the corrective action plan has been implemented.

Publicity

— Information on whether the Member State has made public its request.

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Official Journal of the European Union

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ANNEX B

Communication by a Member State of exceptional measures taken under article 6(1) of the basic Regulation to
impose an operating ban in its territory

A Member State reporting that an air carrier has been made subject to an operating ban in its territory in accordance with
Article 6(1) of the basic Regulation shall provide the following information to the Commission:

Member State making the report

— Name and function of the official contact

— E-mail or telephone of the official contact.

Carrier(s) and aircraft

— Concerned carrier(s), including legal entity name (indicated on AOC or equivalent) trading name (if different), AOC

number (if available), ICAO airline designation number (if known) and full contact details

— Name(s) and full contact details of the authority or authorities with responsibility for regulatory oversight of the air

carrier(s) concerned

— Details of the aircraft type(s), State(s) of registry, registration number (s) and, if available construction serial number(s)

of the aircraft affected.

Decision

— Date, time and duration of decision

— Description of decision to refuse, suspend, revoke or impose restrictions on an operating authorisation or technical

permission

— Scope of the decision (specific carrier(s) or all carriers subject to a particular overseeing authority, specific aircraft or

type(s) of aircraft)

— Description of condition(s) allowing the refusal, suspension, revocation or restrictions of the operating authorisation

or technical permission delivered by the Member State to be cancelled/waived.

Safety concern

— Detailed description of safety concern (i.e. inspection results) which lead to total or partial ban decision (related to the

order of each of the common criteria in the Annex to the basic Regulation).

Publicity

— Information on whether the Member State has made its ban public.

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ANNEX C

Communication by a Member State of exceptional measures taken as permitted by article 6(2) of the basic
Regulation to maintain or impose an operating ban in its territory when the Commission has decided not to
include similar measures in the Community list

A Member State reporting that an operating ban on an air carrier in its territory has been maintained or imposed as
permitted by Article 6(2) of the basic Regulation shall provide the following information to the Commission:

Member State making the report

— Name and function of the official contact

— E-mail or telephone of the official contact.

Carrier(s) and aircraft

— Concerned carrier(s), including legal entity name (indicated on AOC or equivalent) trading name (if different), AOC

number (if available), ICAO airline designation number (if known).

Reference to the Commission decision

— date of and reference to any relevant Commission documents

— date of Commission/Air Safety Committee decision.

Safety problem specifically affecting the Member State