Commission Regulation (EC) No 331/2008 of 11 April 2008 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)
Date: 2008-04-11
Institutions: European Commission
Subjects: air law, air safety, air transport, carrier, common transport policy, transport regulations

12.4.2008

EN

Official Journal of the European Union

L 102/3

COMMISSION REGULATION (EC) No 331/2008

of 11 April 2008

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
Community,

establishing the European

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 estab-
lished 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).

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,

(5)

authorities with

The
oversight over
consulted by the Commission as well as,
cases, by some Member States.

regulatory
the air carriers concerned have been
in specific

responsibility

for

Whereas:

(6)

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

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).

(7)

(1)

(2)

(3)

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.

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

(1) OJ L 344, 27.12.2005, p. 15.
(2) OJ L 84, 23.3.2006, p. 14. Regulation as last amended by Regu-

lation (EC) No 1400/2007 (OJ L 311, 29.11.2007, p. 12).

Air carriers licensed in Ukraine

Albatross Avia Ltd

that

this carrier

France communicated to the Commission that it adopted
an immediate operating ban on all operations of the
carrier Albatross Avia Ltd certified in the Ukraine for
reasons
is in reality the Ukrainian
carrier Volare, which is already subject to an operating
ban (4). France has also submitted to the Commission a
request to update the Community list in accordance with
Article 4(2) of Regulation (EC) No 2111/2005 and
Article 6 of Regulation (EC) No 473/2006.

(8)

The carrier did not produce any appropriate evidence to
dissipate the concerns raised by France.

(9)

Following consultations with the Commission and some
the competent authorities of Ukraine
Member States,
submitted to the Commission their decision whereby
they revoked the Air Operator Certificate (AOC) of the
carrier. Therefore, on the basis of the common criteria,
no further action regarding Albatross Avia Ltd is needed.

(3) OJ L 373, 31.12.1991, p. 4. Regulation as amended by Regulation
(EC) No 216/2008 of the European Parliament and of the Council
(OJ L 79, 19.3.2008, p. 1).

(4) Commission Regulation (EC) No 787/2007 of 4 July 2007 (OJ

L 175, 5.7.2007, p. 10).

L 102/4

EN

Official Journal of the European Union

12.4.2008

(10) However,

concerned that

the Commission is

the
competent authorities of Ukraine have issued an AOC
to an undertaking which is substantially an air carrier
already subject to an operating ban. Repetition of such
a situation could be considered as evidence that these
authorities may not meet the common criteria set out
in the Annex of Regulation (EC) No 2111/2005.

Ukraine Cargo Airways

(11)

There is verified evidence of serious safety deficiencies on
the part of the carrier Ukraine Cargo Airways certified in
the Ukraine affecting all types of aircraft. These defi-
ciencies have been identified by Austria, Hungary,
France, Germany,
Italy, Latvia, Luxembourg, Romania,
Poland, Spain and the Netherlands (1) during ramp
inspections performed under the SAFA programme.

(12) Austria

communicated to the Commission that

it
adopted an immediate operating ban on the aircraft of
type AN-12 of Ukraine Cargo Airways operating hitherto
to Austria taking into account the common criteria, in
the framework of Article 6(1) of Regulation (EC) No
2111/2005 and submitted to the Commission a
in accordance
request
with Article 4(2) of Regulation (EC) No 2111/2005
and Article 6 of Regulation (EC) No 473/2006.

to update the Community list

(13)

The reasons for
that measure by
the imposition of
Austria are the following: (a) verified serious safety defi-
ciencies on the part of the air carrier by virtue of reports
showing serious safety deficiencies and persistent failure
by the carrier concerned to address these deficiencies
raised in ramp inspection reports performed under the
SAFA programme and previously communicated to the
carrier; (b) lack of ability of the carrier to address these
safety deficiencies demonstrated by inappropriate and
insufficient corrective actions presented in response to
identified serious safety deficiencies;
lack of ability
(c)
and willingness of
the authorities responsible for the
oversight of the carrier concerned to address the safety
deficiencies demonstrated by their lack of cooperation
with the
authorities of Austria which
performed the ramp inspections and their insufficient
ability to implement and enforce the relevant safety
standards.

competent

(14)

The safety deficiencies detected by Austria and other
Member States on the aircraft of type AN-12, AN-26
and IL-76 were in the same areas. Furthermore, those

(1) SAFA reports: ACG-2007-36; ACG-2007-43; ACG-2007-56; ACG-
2007-150; ACG-2007-205; ACG-2008-42; DGCATR-2007-374;
LBA/D-2008-95; LBA/D-2008-117; LBA/D-2008-121; CAO-2007-
57;
CAALAT-2007-14;
DGAC-E-2006-801; LBA/D-2007-29; LBA/D-2008-114; LBA/D-
2008-120; CAA-NL-2007-137; ENAC-IT-2006-389; LBA/D-2006-
684; RCAARO-2006-46; RCAARO-2007-118; ENAC-IT-2007-322;
ENAC-IT-2007-432; RCAARO-2006-38; RCAARO-2007-58.

LBA/D-2007-292; MOTLUX-2008-2;

deficiencies kept on reoccurring over the same period
under consideration. This is evidence of
the systemic
nature of such deficiencies.

(15) During consultations with the Commission and some
Member States, Ukraine Cargo Airways
submitted a
plan of corrective actions which according to the
carrier addresses all safety deficiencies in the area of
maintenance, engineering and operations identified on
all
three types of aircraft with which the carrier has
been operating into the Community. However, during
these consultations the carrier was not able to demon-
strate the adequacy of the proposed corrective actions. In
particular, the carrier was not able to demonstrate the
appropriateness of the proposed actions regarding ope-
rational discipline and failed to explain how inspections
of aircraft used by the carrier to fly into the Community
still revealed the same deficiencies as before the impo-
sition of Austria of an operating ban, despite that various
measures in the proposed action plan appeared already
completed in the areas of operations of all
types of
aircraft used by that carrier.

(16) During the same consultations, the competent authorities
of Ukraine submitted information about their decision to
restrict the AOC of the carrier by removing the aircraft
AN-12 with registration marks UR-UCK, UR-UDD and
UR-UCN with which Ukraine Cargo Airways has been
operating into Austria and other Member States and
placing them under maintenance as well as by prohi-
biting the operation of the aircraft IL-76 with registration
marks UR-UCA, UR-UCC, UR-UCD, UR-UCH, UR-UCO,
UR-UCQ UR-UCT, UR-UCU, UR-UCW and UR-UCX
until 19 November 2008. The carrier has operated
(UR-UCA, UR-UCO and
with some of
UR-UCU)
into the Community. Also, these authorities
confirmed that they had endorsed the corrective action
plan of the carrier and committed to verify the imple-
mentation of the corrective actions by Ukraine Cargo
Airways before
to resume
operations with its AN-12 aircraft into the Community.

these aircraft

authorising

carrier

the

(17)

into

The Commission takes note of the measures taken by the
competent authorities of Ukraine concerning the aircraft
AN-12 and IL-76. However, it considers that the imple-
mentation of the corrective actions fail to address the
systemic nature of the detected deficiencies which affect
all types of aircraft so far used by the carrier in its
the
operations
ramp
Commission considers
inspections (2) carried out on aircraft of
type AN-26
after the consultations held with the carrier and its
authorities and after the carrier had begun implementing
corrective actions under the supervision of its authorities
show that such actions do not provide for the appro-
the verified safety deficiencies on
priate resolution of
these type of aircraft or on any other type of aircraft
operated by this carrier into the Community.

the Community. Moreover,
the

results

that

of

(2) LBA/D-2008-117, LBA/D-2008-121, MOTLUX-2008-2, BUL-2008-

3, LBA/D-2008-114, LBA/D-2008-120.

12.4.2008

EN

Official Journal of the European Union

L 102/5

(18)

The carrier submitted on 1 April 2008 documentation
containing a revised corrective actions plan reflecting the
requested by the competent authorities of
changes
Ukraine following an audit of
the company. The air
carrier was also given the opportunity to make presen-
tations to the Commission and the Air Safety Committee
on 2 April; it was however, not able to demonstrate the
appropriateness of the proposed revised actions regarding
operational discipline and failed to explain how these
actions would provide for sustainable solutions of all
previously identified safety deficiencies. Therefore,
this
documentation will have to be further examined to
ascertain whether the previously identified safety defi-
ciencies have been appropriately addressed.

(19)

Pending the completion of such examination, and in the
absence of any corrective actions able to redress the
recurrence of systemic safety deficiencies without delay,
the Commission considers that the carrier should not be
allowed to operate into the Community until it has been
verified that adequate measures have been put in place to
ensure compliance with the relevant safety standards of
the operation of any aircraft used by Ukraine Cargo
Airways.

(20) On the basis of

in the
the common criteria set out
Annex
is
it
to Regulation (EC) No 2111/2005,
considered that Ukraine Cargo Airways does not meet
the relevant safety standards. The air carrier should be
its operations and
subject to an operating ban of all
should be included in Annex A.

Overall safety oversight

(21)

to

needs

authorities

of Ukraine

The Commission considers that the overall exercise of
safety oversight and in particular the implementation
and enforcement of the relevant safety standards by the
competent
be
strengthened in order to ensure for sustainable corrective
actions by the carriers under its regulatory control. The
growing number of carriers which are subject to excep-
tional measures by Member States and subsequently
included in Annex A needs to be urgently addressed by
the competent authorities of Ukraine. Therefore, these
authorities are invited to present a plan of measures to
enhance the exercise of safety oversight of operators
under their regulatory control and of aircraft registered
in the Ukraine which are used for operations in the
Community. The Commission will closely monitor the
implementation of
including those
referred to under recitals 15 and 18 with a view to
submitting draft
the next
meeting of the Air Safety Committee.

appropriate measures

these measures

at

Cubana de Aviación SA

(23)

(24)

deficiencies have been identified by the United Kingdom
during a ramp inspection performed under the SAFA
programme (1).

The United Kingdom communicated to the Commission
that
it adopted an immediate operating ban on the
aircraft of type Ilyushin IL-62 with registration marks
CU-T1283 and CU-T1284 of Cubana de Aviación
taking into account
in the
framework of Article 6(1) of Regulation (EC) No
2111/2005. These aircraft are not currently fitted with
EGPWS — Enhanced Ground Proximity Warning System,
equipment necessary for operations into the Community
in compliance with Annex 6 to the Chicago Convention.

common criteria,

the

the carrier

Following consultations with the Commission and some
Member States, the competent authorities of the Republic
of Cuba adopted a decision to limit the AOC of Cubana
de Aviación to exclude the aircraft
IL-62 from any
into the Community until
operations of
EGPWS has been installed on such aircraft. Also, these
authorities have undertaken to ensure that EGPWS will
be installed by 15 June 2008 on all aircraft of that carrier
operating to the Community. Finally,
the competent
the Republic of Cuba have committed
authorities of
themselves to verify that all detected safety deficiencies,
including the installation of EGPWS, are efficiently
addressed by Cubana de Aviación by that date and to
transmit
such verification to the
Commission before this carrier can resume operations
with aircraft of type IL-62 into the Community.

results of

the

(25) On the basis of the common criteria set out

in the
Annex to Regulation (EC) No 2111/2005 and in view
of the actions taken by the competent authorities of the
Republic of Cuba it is assessed that no further action is
needed. The Commission shall report to the Member
corrective
States
actions
Safety
Committee. However, should the measures be considered
unsatisfactory, the Commission will submit appropriate
draft measures to the Committee.

the next meeting of

implementation of

the
the Air

about
at

the

Islands Development Company

(26)

There is verified evidence that the aircraft of type Beech
1900 with registration mark S7-IDC of the carrier Islands
Development Company licensed in Seychelles is not
fitted with EGPWS — Enhanced Ground Proximity
Warning System, equipment necessary for operations
into the Community in compliance with Annex 6 to
the Chicago Convention.
certified
documents which the Chicago Convention prescribes to
be kept on board could not be showed. These defi-
ciencies have been identified by France during a ramp
inspection performed under the SAFA programme (2).

In addition,

the

(22)

There
is verified evidence of non-compliance with
specific safety standards established by the Chicago
Convention on the part of Cubana de Aviación. These

(1) CAA-UK-2008-8.
(2) DGAC/F-2008-152.

(27)

(28)

L 102/6

EN

Official Journal of the European Union

12.4.2008

France communicated to the Commission that it adopted
an immediate operating ban on the abovementioned
aircraft of this carrier taking into account the common
criteria, in the framework of Article 6(1) of Regulation
(EC) No 2111/2005 and submitted to the Commission a
request to update the Community list in accordance with
Article 4(2) of Regulation (EC) No 2111/2005, and as
prescribed by Article 6 of Regulation (EC) No 473/2006.

the implementation of its action plan in that, overall,
more than fifty percent of the actions can be considered
as completed. In particular, the findings related to flight
and ground operations have been responded to a large
degree. The carrier was invited to continue its efforts
towards full completion of its action plan. In addition,
the team noted that the carrier has completed the first
step of a full recertification by the competent authorities
of Angola.

By letter of 11 March 2008, the Civil Aviation Authority
of Seychelles confirmed that the carrier Island Develop-
ment Company licensed in Seychelles has taken action to
install
the EGPWS on its Beech 1900D aircraft with
registration mark S7-IDC. The EGPWS has been
ordered and installed on 26 March 2008. A certified
confirmation of this installation has been delivered by
the carrier during a meeting held with the Commission
on 31 March 2008. In addition, the competent authori-
ties of Seychelles confirmed that certified copies of the
prescribed documents were put on board as of
27 February 2008 onwards.

(33)

(34)

(29) On the basis of the common criteria, it is assessed that
the
Islands Development Company has
necessary measures
safety
standards and therefore should not be included in
Annex A.

to conform to relevant

taken all

Hewa Bora Airways

(30) Hewa Bora Airways is no longer operating into the
Community under the supervision of
the competent
authorities of Belgium its aircraft of type Boeing B767-
266ER, cons. No 23 178, and with registration mark
9Q-CJD, which is included in Annex B. Since the provi-
sional regime of ramp inspections and surveillance of this
aircraft cannot be guaranteed anymore, operations with
this aircraft should also be banned.

(31) As a consequence, the air carrier should be subject to a
its operations and should be moved from

ban of all
Annex B to Annex A.

(35)

TAAG Angola Airlines

(32)

Following the invitation by the competent authorities of
Angola and by the carrier TAAG Angola Airlines, a team
of experts of the Commission and the Member States
conducted a fact-finding mission to Angola from 18 to
22 February 2008. During this mission the carrier
provided an updated status of
and
preventive action plan, aimed at restoring compliance
with ICAO standards. The report of
the team shows
that TAAG Angola Airlines has made good progress in

corrective

its

The team noted significant continuing deficiencies in the
areas of continued airworthiness and maintenance, which
were reported to TAAG Angola Airlines and its authori-
ties and should be addressed adequately before any modi-
fication of the operating ban imposed on the carrier.

competent

The team also assessed the corrective action plan
authorities of Angola
proposed by the
(INAVIC) aiming at enhancing the exercise of safety
oversight of the TAAG Angola Airlines along with all
carriers under its regulatory control. To that end the
team assessed the degree of compliance by INAVIC
with applicable ICAO standards also on the basis of
the results of the ICAO USOAP audit carried out in
November 2007. The report of the team shows that a
new civil aviation act was published on 16 January 2008,
the estab-
INAVIC is progressing towards
and that
lishment of an independent and well-structured civil
aviation authority. However,
the
new provisions of the civil aviation act and the related
specific operating regulations have not been implemented
yet and that currently all carriers of Angola have Air
comply with
Operator's Certificates, which do not
Annex 6 of
INAVIC was
the Chicago Convention.
invited to continue the restructuring of its organisation,
to progress as quickly as possible with its capacity
building, as well as to continue with determination the
recertification process of the carriers in order to demon-
strate
and
applicable ICAO standards, and to report the results in
due time to the Commission.

compliance with Angolan

the team noted that

regulations

and by

from the Community list

the required measures
safety standards. However,

the efforts made by
The Commission acknowledges
INAVIC towards
TAAG Angola Airlines
to conform to
achieving all
relevant
the Commission
considers that a decision to withdraw TAAG Angola
stage,
Airlines
premature as there are still significant safety deficiencies
which have to be addressed by the carrier as well as by
the competent authorities. In addition, the recertification
process of TAAG Angola Airlines as well as of the rest of
the carriers by the competent authorities is still ongoing.
The Commission notes that for the recertification process
to be completed within the time span indicated by the
competent authorities of Angola, a substantial increase in
their human and financial resources will be necessary.

is, at

this

12.4.2008

EN

Official Journal of the European Union

L 102/7

(36)

(37)

The Commission considers that the compliance by the
competent authorities of Angola with ICAO obligatory
standards and recommended practices and in particular
the exercise of oversight depend also on the financial
authorities. The
means
Commission shall await progress reports from TAAG
Angola Airlines and INAVIC in due time.

the disposal of

these

at

Mahan Air

The Commission and some Member States held consul-
tations on 14 December 2007 and on 12 March 2008
with Mahan Air and the competent authorities of the
Islamic Republic of
Iran regarding the verification by
these authorities of the progressive implementation of
In particular,
the corrective actions by the carrier.
during the consultations on 14 December 2007,
the
documentation
Commission
regarding any progress in the implementation of
the
corrective actions by Mahan Air be submitted to the
Commission by the end of February 2008.

requested

that

any

(38) During the consultations held on 12 March 2008, the
competent authorities of the Islamic Republic of
Iran
have stated that they have inspected the carrier Mahan
Air and that all safety deficiencies have been resolved to
their satisfaction. However, neither the carrier nor its
authorities presented documentation providing evidence
of the implementation of corrective measures in order to
demonstrate the adequacy of such actions to provide
sustainable solutions and ensure effective compliance
with the corrective actions plan presented in September
and November 2007.

the long term. To that end, it intends to carry out a visit
in the coming months.

Air carriers from the Russian Federation

aircraft

Falcon-900
Atlant-Soyuz:

(42) As stated in Regulation (EC) No 1400/2007, by virtue of
a decision of the competent authorities of the Russian
Federation dated 26 November 2007, certain air carriers
licensed by these authorities are authorised to operate
into the Community only with specific equipment. The
air carriers and aircraft affected are: Krasnoyarsk Airlines:
aircraft Boeing B-737 (EI-DNH/DNS/DNT/CBQ/CLZ/
CLW), B-757 (EI-DUA/DUD/DUC/DUE), B-767 (EI-DMP/
DMH), Tupolev Тu-214 (RA-65508), Тu-154M (RA-
aircraft Airbus А-320 (VP-
85720); Ural Airlines:
BQY/BQZ), Тu-154M (RA-85807/85814/85833/85844);
(RA-
Gazpromavia:
aircraft
09000/09001/09006/09008);
(RA-
Boeing
B-737
85709/85740);
(VP-
BCB/BCF/BPJ/BPK), Gulfstream IV (RA-10201/10202),
Тu-154M (RA-85805/85808); Kavminvodyavia: aircraft
Тu-204
(RA-
85715/85826/85746); Kuban Airlines: aircraft Yak-42
(RA-42386/42367/42375); Air
Yakutia:
aircraft Тu-154М (RA-85700/85794) and B-757-200
(VP-BFI);
(RA-
64018/64020). Furthermore, according to that decision,
certain air carriers are not allowed to operate into the
Community with specific aircraft; the air carriers and
aircraft affected are: Orenburg Airlines: aircraft Tu-154
(RA-85768) and B-737-400 (VP-BGQ); Air Company
Tatarstan: aircraft Tu-154 (RA 85101 and RA-85109);
Air Company Sibir: aircraft B-737-400 (VP-BTA); and
Rossija: aircraft Tu-154 (RA-85753 and RA-85835).

Тu-154M
ATR-42

(RA-64022/64016),

(VP-BBL/BBM),

Тu-154М

Company

Тu-204

Airlines

aircraft

aircraft

UTAir:

400:

(39)

The competent authorities of the Islamic Republic of Iran
submitted to the Commission on 26 March 2008 docu-
mentation concerning a detailed progress report and
material concerning the implementation of corrective
the
actions by Mahan Air
company. The Commission intends
to examine the
submitted documentation with a view to verifying
whether
the previously identified safety deficiencies
have been appropriately addressed.

following an audit of

(43)

(44)

(40) Until

the

the
of
completion
currently not
that
Commission considers
sufficient evidence to demonstrate that the carrier has
completed the corrective actions to eliminate the defi-
ciencies which led to its inclusion in the Community list.

examination,
is

such
there

(41) On the basis of the common criteria, it is assessed that,
at present, it has not been verified that Mahan Air has
taken all required measures to conform to relevant safety
it may not yet be
therefore,
standards
withdrawn from Annex A. The Commission will
continue to cooperate with the competent authorities
of the Islamic Republic of Iran to monitor the implemen-
tation of corrective actions by Mahan Airlines and to
they provide for sustainable solutions in
ensure that

and that

The competent authorities of
the Russian Federation
informed the Commission on 26 March 2008 that
they envisaged changing their decision of 26 November
2007 regarding operating restrictions imposed on certain
carriers licensed in the Russian Federation to the effect
that all previous operational restrictions on all carriers
concerned would be lifted as of 25 April 2008.

the

a decision lifting of

internal monitoring system of

The competent authorities of the Russian Federation were
invited by the Commission on 27 March to submit to
the Commission and to the Air Safety Committee the
evidence of reliable information about the improvement
carriers
the
of
their flights which
concerned regarding the safety of
lead them to envisage
the
operating restrictions on the air carriers concerned.
They undertook to present this information by 9 April
2008 at the latest, and, together with each air carrier
concerned,
to make presentations to the Commission
and Member States regarding the safety situation of
these air carriers before the entry into force of their
decision. Should this information be submitted to the
Commission at a later stage, the competent authorities
of the Russian Federation undertook on 2 April 2008
before the Air Safety Committee to postpone the entry
into force of their envisaged decision in agreement with
the Commission.

L 102/8

EN

Official Journal of the European Union

12.4.2008

(45)

(46)

(47)

(48)

(49)

The Commission takes note of the envisaged decision of
the competent authorities of the Russian Federation and
intends to examine the material, which these authorities
have undertaken to submit in the light of the corrective
carriers
action plans previously
concerned
the Commission. The Commission
to
intends to coordinate with the competent authorities of
its examination
the Russian Federation the results of
before the entry into force of
the abovementioned
envisaged decision.

submitted by

the

In the meantime, the provisions of the decision of the
the Russian Federation of
competent authorities of
26 November 2007 should remain in force; hence,
operations into the Community of the abovementioned
carriers should take place only under the terms and
conditions provided in that decision and stated in
recitals 34 to 36 of Regulation (EC) No 1400/2007.

The Commission intends to monitor the performance of
the abovementioned carriers, and examine their safety
situation in the light of
the above
process with a view to adopting, if necessary, appropriate
measures to ensure that all relevant standards are gua-
the
ranteed in the Community,
provisions of Article 7 of Regulation (EC) No
2111/2005.

taking into account

the results of

Air carriers from the Kyrgyz Republic

The authorities of the Kyrgyz Republic have provided the
Commission with evidence of the withdrawal of the Air
Operator's Certificates of Galaxy Air on grounds of
safety. Since this carrier certified in the Kyrgyz Republic
has consequently ceased its activities,
should be
withdrawn from Annex A.

it

Air carriers from Equatorial Guinea

received information that

The Commission has
the
is operating commercial
carrier Ceiba Intercontinental
services under an AOC issued by the competent authori-
ties of Equatorial Guinea and has requested these au-
thorities to submit all relevant
information regarding
this company. The competent authorities of Equatorial
Guinea have not responded to the Commission's request.

(50) On the basis of

the common criteria set out

in the
Annex to Regulation (EC) No 2111/2005 the carrier
Ceiba
an
should
operating ban and should be therefore included in
Annex A.

Intercontinental

subject

be

to

(51)

The air carrier Cronos Airlines licensed in Equatorial
Guinea has
submitted documentation requesting the
Commission to be excluded from Annex A stating that

(52)

(53)

the aircraft it operates are wet leased on an ‘ACMI’ basis
(aircraft, crew, maintenance,
from a carrier
insurance)
licensed in the Republic of South Africa.

that

considers

submissions
The Commission
the
presented by Cronos Airlines do not
the
justify
removal from Annex A. However, all carriers which are
included in Annex A may be permitted to exercise traffic
rights by using wet-leased aircraft of air carriers which
are not subject to an operating ban, provided that the
relevant safety standards are complied with.

Air carriers from Swaziland

The competent authorities of Swaziland have requested
that the carriers Royal Swazi Airways Corporation and
Scan Air Charter be excluded from Annex A because
these carriers do not own any more any aircraft and
they
therefore do not operate
requested that the carrier Swaziland Airlink be removed
from Annex A because it operates services with aircraft
certified and maintained and crew-licensed in the
Republic of South Africa. The competent authorities of
Swaziland validate the certificates, approvals and licenses
concerned.

any services. Also,

(54) As regards Royal Swazi Airways Corporation and Scan
Air Charter, the Commission considers that the with-
drawal from Annex A is not justified, as there is no
evidence that these carriers have ceased to exist. With
regards to the carrier Swaziland Airlink, the Commission
considers that
from Annex A is not
justified. However, all carriers which are included in
Annex A may be permitted to exercise traffic rights by
using wet-leased aircraft of air carriers which are not
subject to an operating ban, provided that the relevant
safety standards are complied with.

the withdrawal

Air carriers from the Republic of Indonesia

(55)

(56)

evidence of

The Commission received on 25 March 2008 a new
action plan prepared by the competent authorities of
Indonesia, which was not accompanied by supporting
documentary
and
which shows that the completion of several milestones
is not foreseen before September 2008. This information
does not demonstrate that the national authorities have,
at this stage, the ability to ensure the oversight of all
carriers which they certify, including Garuda.

implementation,

its

The Commission will continue to provide technical
assistance
efforts of
Indonesia towards implementing the necessary measures
to ensure that safety is guaranteed.

to and strongly supports

the

12.4.2008

EN

Official Journal of the European Union

L 102/9

(57) However, at present,

the Commission considers that
these authorities have not demonstrated that they have
completed the proposed corrective actions to ensure that
the relevant safety standards are complied with and that
therefore, none of the Indonesian carriers can be at this
stage, withdrawn from the Community list unless both
any such carrier and the competent national authorities
can demonstrate compliance with ICAO standards.

(61)

In the light of the considerations presented under recitals
55 to 60, the Commission considers that the air carrier
Garuda Indonesia Airline cannot be withdrawn from
Annex A yet.

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

(58)

(59)

(60)

Garuda Indonesia Airline

The carrier Garuda Indonesia Airline submitted to the
Commission on 10 and 18 March 2008 extensive docu-
mentation, which includes answers of the company to
the observations raised by the team of experts of the
Commission and the Member States during its mission
conducted from 5 to 9 November 2007. This documen-
tation was reviewed carefully by the Commission, which
has requested complementary information to be provided
in order
the safety
to complete the assessment of
situation of Garuda. The carrier committed to submit
the said information without delay.

The carrier also made on 28 March 2008 a formal
request
its comments orally to the Air
Safety Committee during its upcoming meeting, and
was subsequently heard on 3 April 2008.

to present

The Commission and the Member States took note that
the carrier has made progress in the implementation of
corrective actions to remedy the observations raised by
the team in its mission report. However, they also took
note that,
in order to comply with ICAO standards,
corrective actions need to be continued and completed
inter alia the equipment of the
in a number of areas,
complete Boeing 737 fleet with E-GPWS — Enhanced
Ground Proximity Warning System, the implementation
of Flight Data Monitoring for the whole fleet of the
carrier, as well as the necessary improvements of
its
internal control systems.

(62) No evidence of the full

implementation of appropriate
remedial actions by the other carriers included in the
Community list updated on 28 November 2007 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
these air carriers
common criteria,
should continue to be subject
to an operating ban
(Annex A) or operating restrictions (Annex B), as the
case may be.

is assessed that

it

(63)

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

the Air

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Annex A is replaced by Annex A to this Regulation.

2. Annex B is replaced by 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, 11 April 2008.

For the Commission

Jacques BARROT
Vice-President

L 102/10

EN

Official Journal of the European Union

12.4.2008

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

Unknown

KOR

Democratic People's Republic of Korea
(DPRK)

AIR WEST CO. LTD

ARIANA AFGHAN AIRLINES

MAHAN AIR

004/A

009

FS 105

SILVERBACK CARGO FREIGHTERS

Unknown

TAAG ANGOLA AIRLINES

UKRAINE CARGO AIRWAYS

UKRAINIAN MEDITERRANEAN AIRLINES

VOLARE AVIATION ENTREPRISE

001

145

164

143

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

AWZ

Sudan

AFG

IRM

VRB

DTA

UKS

UKM

VRE

—

Afghanistan

Islamic Republic of Iran

Rwanda

Angola

Ukraine

Ukraine

Ukraine

Democratic Republic of the Congo (RDC)

AFRICA ONE

409/CAB/MIN/TC/0114/2006

CFR

Democratic Republic of the Congo (RDC)

AFRICAN AIR SERVICES COMMUTER SPRL

409/CAB/MIN/TC/0005/2007

Unknown

Democratic Republic of the Congo (RDC)

AIGLE AVIATION

409/CAB/MIN/TC/0042/2006

Unknown

Democratic Republic of the Congo (RDC)

AIR BENI

AIR BOYOMA

AIR INFINI

AIR KASAI

409/CAB/MIN/TC/0019/2005

Unknown

Democratic Republic of the Congo (RDC)

409/CAB/MIN/TC/0049/2006

Unknown

Democratic Republic of the Congo (RDC)

409/CAB/MIN/TC/006/2006

Unknown

Democratic Republic of the Congo (RDC)

409/CAB/MIN/TC/0118/2006

Unknown

Democratic Republic of the Congo (RDC)

AIR NAVETTE

409/CAB/MIN/TC/015/2005

Unknown

Democratic Republic of the Congo (RDC)

AIR TROPIQUES S.P.R.L.

409/CAB/MIN/TC/0107/2006

Unknown

Democratic Republic of the Congo (RDC)

BEL GLOB AIRLINES

409/CAB/MIN/TC/0073/2006

Unknown

Democratic Republic of the Congo (RDC)

BLUE AIRLINES

409/CAB/MIN/TC/0109/2006

BUL

Democratic Republic of the Congo (RDC)

BRAVO AIR CONGO

409/CAB/MIN/TC/0090/2006

Unknown

Democratic Republic of the Congo (RDC)

(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.

12.4.2008

EN

Official Journal of the European Union

L 102/11

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

BUSINESS AVIATION S.P.R.L.

409/CAB/MIN/TC/0117/2006

Unknown

Democratic Republic of the Congo (RDC)

BUTEMBO AIRLINES

409/CAB/MIN/TC/0056/2006

Unknown

Democratic Republic of the Congo (RDC)

CARGO BULL AVIATION

409/CAB/MIN/TC/0106/2006

Unknown

Democratic Republic of the Congo (RDC)

CETRACA AVIATION SERVICE

409/CAB/MIN/TC/037/2005

CER

Democratic Republic of the Congo (RDC)

CHC STELLAVIA

409/CAB/MIN/TC/0050/2006

Unknown

Democratic Republic of the Congo (RDC)

COMAIR

409/CAB/MIN/TC/0057/2006

Unknown

Democratic Republic of the Congo (RDC)

COMPAGNIE AFRICAINE D’AVIATION (CAA)

409/CAB/MIN/TC/0111/2006

Unknown

Democratic Republic of the Congo (RDC)

DOREN AIR CONGO

409/CAB/MIN/TC/0054/2006

Unknown

Democratic Republic of the Congo (RDC)

EL SAM AIRLIFT

409/CAB/MIN/TC/0002/2007

Unknown

Democratic Republic of the Congo (RDC)

ESPACE AVIATION SERVICE

409/CAB/MIN/TC/0003/2007

Unknown

Democratic Republic of the Congo (RDC)

FILAIR

FREE AIRLINES

409/CAB/MIN/TC/0008/2007

Unknown

Democratic Republic of the Congo (RDC)

409/CAB/MIN/TC/0047/2006

Unknown

Democratic Republic of the Congo (RDC)

GALAXY INCORPORATION

409/CAB/MIN/TC/0078/2006

Unknown

Democratic Republic of the Congo (RDC)

GOMA EXPRESS

GOMAIR

409/CAB/MIN/TC/0051/2006

Unknown

Democratic Republic of the Congo (RDC)

409/CAB/MIN/TC/0023/2005

Unknown

Democratic Republic of the Congo (RDC)

GREAT LAKE BUSINESS COMPANY

409/CAB/MIN/TC/0048/2006

Unknown

Democratic Republic of the Congo (RDC)

HEWA BORA AIRWAYS (HBA)

409/CAB/MIN/TC/0108/2006

ALX

Democratic Republic of the Congo (RDC)

I.T.A.B. — INTERNATIONAL TRANS AIR BUSINESS 409/CAB/MIN/TC/0022/2005

Unknown

Democratic Republic of the Congo (RDC)

KATANGA AIRWAYS

409/CAB/MIN/TC/0088/2006

Unknown

Democratic Republic of the Congo (RDC)

KIVU AIR

409/CAB/MIN/TC/0044/2006

Unknown

Democratic Republic of the Congo (RDC)

LIGNES AÉRIENNES CONGOLAISES

Ministerial signature
(ordonnance 78/205)

LCG

Democratic Republic of the Congo (RDC)

MALU AVIATION

MALILA AIRLIFT

409/CAB/MIN/TC/0113/2006

Unknown

Democratic Republic of the Congo (RDC)

409/CAB/MIN/TC/0112/2006

MLC

Democratic Republic of the Congo (RDC)

MANGO AIRLINES

409/CAB/MIN/TC/0007/2007

Unknown

Democratic Republic of the Congo (RDC)

PIVA AIRLINES

409/CAB/MIN/TC/0001/2007

Unknown

Democratic Republic of the Congo (RDC)

RWAKABIKA BUSHI EXPRESS

409/CAB/MIN/TC/0052/2006

Unknown

Democratic Republic of the Congo (RDC)

SAFARI LOGISTICS SPRL

409/CAB/MIN/TC/0076/2006

Unknown

Democratic Republic of the Congo (RDC)

SAFE AIR COMPANY

409/CAB/MIN/TC/0004/2007

Unknown

Democratic Republic of the Congo (RDC)

L 102/12

EN

Official Journal of the European Union

12.4.2008

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

SERVICES AIR

409/CAB/MIN/TC/0115/2006

Unknown

Democratic Republic of the Congo (RDC)

SUN AIR SERVICES

409/CAB/MIN/TC/0077/2006

Unknown

Democratic Republic of the Congo (RDC)

TEMBO AIR SERVICES

409/CAB/MIN/TC/0089/2006

Unknown

Democratic Republic of the Congo (RDC)

THOM'S AIRWAYS

409/CAB/MIN/TC/0009/2007

Unknown

Democratic Republic of the Congo (RDC)

TMK AIR COMMUTER

409/CAB/MIN/TC/020/2005

Unknown

Democratic Republic of the Congo (RDC)

TRACEP CONGO

409/CAB/MIN/TC/0055/2006

Unknown

Democratic Republic of the Congo (RDC)

TRANS AIR CARGO SERVICE

409/CAB/MIN/TC/0110/2006

Unknown

Democratic Republic of the Congo (RDC)

TRANSPORTS AERIENS CONGOLAIS (TRACO)

409/CAB/MIN/TC/0105/2006

Unknown

Democratic Republic of the Congo (RDC)

VIRUNGA AIR CHARTER

409/CAB/MIN/TC/018/2005

Unknown

Democratic Republic of the Congo (RDC)

WIMBI DIRA AIRWAYS

409/CAB/MIN/TC/0116/2006

WDA

Democratic Republic of the Congo (RDC)

ZAABU INTERNATIONAL

409/CAB/MIN/TC/0046/2006

Unknown

Democratic Republic of the Congo (RDC)

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

Equatorial Guinea

CRONOS AIRLINES

CEIBA INTERCONTINENTAL

Unknown

Unknown

Unknown

Equatorial Guinea

CEL

Equatorial Guinea

EUROGUINEANA DE AVIACION Y TRANSPORTES 2006/001/MTTCT/DGAC/SOPS

EUG

Equatorial Guinea

GENERAL WORK AVIACION

002/ANAC

GETRA — GUINEA ECUATORIAL DE
TRANSPORTES AEREOS

GUINEA AIRWAYS

UTAGE — UNION DE TRANSPORT AEREO DE
GUINEA ECUATORIAL

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

ADAM SKY CONNECTION AIRLINES

AIR PACIFIC UTAMA

AIRFAST INDONESIA

ASCO NUSA AIR TRANSPORT

ASI PUDJIASTUTI

AVIASTAR MANDIRI

739

738

737

121-036

135-020

135-002

135-022

135-028

135-029

n/a

GET

n/a

UTG

Equatorial Guinea

Equatorial Guinea

Equatorial Guinea

Equatorial Guinea

Indonesia

DHI

Indonesia

Unknown

Indonesia

AFE

Indonesia

Unknown

Indonesia

Unknown

Indonesia

Unknown

Indonesia

12.4.2008

EN

Official Journal of the European Union

L 102/13

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

BALAI KALIBRASI FASITAS PENERBANGAN

135-031

Unknown

Indonesia

CARDIG AIR

DABI AIR NUSANTARA

DERAYA AIR TAXI

DERAZONA AIR SERVICE

DIRGANTARA AIR SERVICE

EASTINDO

121-013

135-030

135-013

135-010

135-014

135-038

Unknown

Indonesia

Unknown

Indonesia

DRY

Indonesia

Unknown

Indonesia

DIR

Indonesia

Unknown

Indonesia

EKSPRES TRANSPORTASI ANTAR BENUA

121-019

Unknown

Indonesia

EKSPRES TRANSPORTASI ANTAR BENUA

135-032

Unknown

Indonesia

GARUDA INDONESIA

GATARI AIR SERVICE

INDONESIA AIR ASIA

INDONESIA AIR TRANSPORT

INTAN ANGKASA AIR SERVICE

KARTIKA AIRLINES

KURA-KURA AVIATION

LION MENTARI ARILINES

MANDALA AIRLINES

MANUNGGAL AIR SERVICE

MEGANTARA AIRLINES

MERPATI NUSANTARA

METRO BATAVIA

NATIONAL UTILITY HELICOPTER

PELITA AIR SERVICE

PELITA AIR SERVICE

PENERBANGAN ANGKASA SEMESTA

PURA WISATA BARUNA

REPUBLIC EXPRES AIRLINES

121-001

135-018

121-009

135-017

135-019

121-003

135-016

121-010

121-005

121-020

121-025

121-002

121-007

135-011

121-008

135-001

135-026

135-025

121-040

GIA

GHS

AWQ

IDA

Indonesia

Indonesia

Indonesia

Indonesia

Unknown

Indonesia

KAE

Indonesia

Unknown

Indonesia

LNI

MDL

Indonesia

Indonesia

Unknown

Indonesia

Unknown

Indonesia

MNA

BTV

Indonesia

Indonesia

Unknown

Indonesia

PAS

PAS

Indonesia

Indonesia

Unknown

Indonesia

Unknown

Indonesia

RPH

Indonesia

L 102/14

EN

Official Journal of the European Union

12.4.2008

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

RIAU AIRLINES

SAMPURNA AIR NUSANTARA

SMAC

SRIWIJAYA AIR

TRANS WISATA PRIMA AVIATION

TRANSWISATA PRIMA AVIATION

TRAVEL EXPRES AIRLINES

TRAVIRA UTAMA

TRI MG INTRA AIRLINES

TRI MG INTRA AIRLINES

TRIGANA AIR SERVICE

TRIGANA AIR SERVICE

WING ABADI NUSANTARA

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

AIR CENTRAL ASIA

AIR MANAS

ASIA ALPHA AIRWAYS

AVIA TRAFFIC COMPANY

BISTAIR-FEZ BISHKEK

BOTIR AVIA

CLICK AIRWAYS

DAMES

EASTOK AVIA

ESEN AIR

GOLDEN RULE AIRLINES

INTAL AVIA

ITEK AIR

121-016

135-036

135-015

121-035

121-017

135-021

121-038

135-009

121-018

135-037

121-006

135-005

121-012

34

17

32

23

08

10

11

20

15

2

22

27

04

RIU

Indonesia

Unknown

Indonesia

SMC

SJY

Indonesia

Indonesia

Unknown

Indonesia

Unknown

Indonesia

XAR

Indonesia

Unknown

Indonesia

TMG

TMG

TGN

TGN

WON

—

AAT

MBB

SAL

AVJ

BSC

BTR

CGK

DAM

Indonesia

Indonesia

Indonesia

Indonesia

Indonesia

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

Unknown

Kyrgyz Republic

ESD

GRS

INL

IKA

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

12.4.2008

EN

Official Journal of the European Union

L 102/15

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

KYRGYZ TRANS AVIA

KYRGYZSTAN

KYRGYZSTAN AIRLINES

MAX AVIA

OHS AVIA

S GROUP AVIATION

SKY GATE INTERNATIONAL AVIATION

SKY WAY AIR

TENIR AIRLINES

TRAST AERO

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

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

AIR RUM, LTD

BELLVIEW AIRLINES (S/L) LTD

DESTINY AIR SERVICES, LTD

HEAVYLIFT CARGO

ORANGE AIR SIERRA LEONE LTD

PARAMOUNT AIRLINES, LTD

SEVEN FOUR EIGHT AIR SERVICES LTD

TEEBAH AIRWAYS

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

AERO AFRICA (PTY) LTD

JET AFRICA SWAZILAND

ROYAL SWAZI NATIONAL AIRWAYS
CORPORATION

SCAN AIR CHARTER, LTD

SWAZI EXPRESS AIRWAYS

SWAZILAND AIRLINK

31

03

01

33

09

6

14

21

26

05

—

Unknown

Unknown

Unknown

Unknown

Unknown

Unknown

Unknown

Unknown

—

Unknown

Unknown

Unknown

Unknown

Unknown

Unknown

KTC

LYN

KGA

MAI

OSH

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

Unknown

Kyrgyz Republic

SGD

SAB

TEB

TSJ

—

—

RUM

BVU

DTY

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

Kyrgyz Republic

Liberia

Sierra Leone

Sierra Leone

Sierra Leone

Sierra Leone

Unknown

Sierra Leone

ORJ

PRR

SVT

Sierra Leone

Sierra Leone

Sierra Leone

Unknown

Sierra Leone

—

RFC

OSW

RSN

Swaziland

Swaziland

Swaziland

Swaziland

Unknown

Swaziland

SWX

SZL

Swaziland

Swaziland

L 102/16

EN

Official Journal of the European Union

12.4.2008

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

ANNEX B

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

AIR BANGLADESH

17

AIR SERVICE
COMORES

06-819/TA-15/
DGACM

BGD

KMD

Bangladesh

B747-269B

S2-ADT

Comoros

All fleet with the
exception of:
LET 410 UVP

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

Bangladesh

Comoros

(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.