Commission Regulation (EC) No 875/2008 of 8 September 2008 repealing Regulation (EC) No 1962/2006
Date: 2008-09-08
Institutions: European Commission
Subjects: Bulgaria, accession to the European Union, air transport, civil aviation, protective clause, transport licence

9.9.2008

EN

Official Journal of the European Union

L 240/3

COMMISSION REGULATION (EC) No 875/2008

of 8 September 2008

repealing Regulation (EC) No 1962/2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of Bulgaria and
Romania
particular
European Union,
the
Article 4(3) thereof,

and

to

in

Having regard to the Act of Accession of Bulgaria and Romania
to the European Union, and in particular Article 37 thereof,

Whereas:

(1)

(2)

(3)

the functioning of

By Regulation (EC) No 1962/2006 (1), the Commission
imposed safeguard measures in respect to Bulgaria in the
area of civil aviation pursuant to Article 37 of the Act of
Accession of Bulgaria in order to address a serious breach
of
for air
transport,
to implement
commitments undertaken by Bulgaria in the context of
accession negotiations with regard to Community policy
in the area of aviation safety concerning economic
activities with cross border effects.

the internal market
failure

resulting

from a

the safeguard measures
Following the imposition of
provided by Regulation (EC) No 1962/2006,
the
competent authority for civil aviation of Bulgaria (here­
inafter referred to as the Bulgarian CAA) proposed to and
agreed with the European Aviation Safety Agency (EASA)
a plan of corrective measures designed to remedy the
safety shortcomings identified during previous visits by
EASA and the Joint Aviation Authorities (JAA).

The Commission requested on 6 September 2007 EASA
to verify regulatory compliance of the Bulgarian Aviation
Authorities
safety affected by the
imposed by Regulation (EC) No
safeguard measures
the
1962/2006,

to verify the implementation of

in all aspects of

i.e.

(1) OJ L 408, 30.12.2006, p. 8. Corrected by OJ L 47, 16.2.2007, p. 8.

(4)

(5)

(6)

(7)

agreed corrective action plan and the capacity of the
Bulgarian CAA to implement the rules and ensure that
they are properly respected as part of its oversight obli­
gations.

This inspection visit was carried out by EASA from 26 to
30 November 2007 in application of Articles 24(1) and
(5) and 54 of Regulation (EC) No 216/2008 of
the
European Parliament and of the Council of 20 February
2008 on common rules in the field of civil aviation and
establishing a European Aviation Safety Agency, and
repealing Council Directive 91/670/EEC, Regulation
(EC) No 1592/2002 and Directive 2004/36/EC (2) and
in accordance with the provisions of Commission Regu­
lation (EC) No 736/2006 of 16 May 2006 on working
methods of the European Aviation Safety Agency for
standardisation inspections (3).
conducting
Following
this visit, EASA issued its report on 15 February 2008 (4).

In its report of the standardisation visit EASA noted a
definitive improvement: all required Part M, Part 145,
Part 147 approvals and all Part 66 licences have been
issued. Also the Air Operator Certificates except for one
have been issued according to European requirements.
Hence, EASA was able to close 44 out of 45 findings
in the area of airworthiness while it raised 12 new
findings concerning processes of continuous oversight.

In its report, EASA also stated that since the previous
inspection visit in November 2006, the Bulgarian CAA
had
to the
airworthiness of all aircraft registered in Bulgaria.

taken drastic measures with regard

Thus, the number of aircraft on the Bulgarian register
had been reduced by nearly half due to the removal
from the register of aircraft of
former Soviet design
falling
to Regulation (EC) No
under Annex
216/2008. Also, the Bulgarian CAA has taken actions
to limit or revoke non-complying approvals and certi­
continued
ficates. The number of
airworthiness has increased from eight to 12 (with,
in
addition, three new support staff). Furthermore, there has

inspectors

for

II

(2) OJ L 79, 19.3.2008, p. 1.
(3) OJ L 129, 17.5.2006, p. 10.
(4) Final Report on the EASA Standardisation Inspection of the Republic
of Bulgaria, Bulgarian Civil Aviation Administration, in the filed of
European aviation safety regulation applicable in the area of
continuing airworthiness, CAW.BG.11.2007 issued on 15 February
2008.

L 240/4

EN

Official Journal of the European Union

9.9.2008

(8)

(9)

relevant

been a significant improvement in record keeping by the
Bulgarian CAA over the last year, making the demon­
stration of the level of oversight clear to the inspectors of
EASA. It was also noted that the Bulgarian CAA has put
much effort into developing an Inspectors' Handbook
covering the
requirements with associated
check lists to be used by applicants for initial approvals
or variation to existing approvals. Lastly,
it was docu­
mented that comprehensive training has been carried
for both existing and new CAA staff, although
out
certain areas such as approval of maintenance and relia­
bility programmes, Reduced Visibility RVSM programmes
were not particularly addressed.

of

the

the

same

non-compliance

effectiveness of

time, EASA concluded that

At
further
enhancements mainly in the area of airworthiness certi­
fication and continuous oversight were, however, still
required to resolve the lack of assessment by the
the quality
Bulgarian CAA of
system common to operations, maintenance and flight
In particular in this area, EASA raised
crew licensing.
one
to
finding
Article 13(d) of Regulation (EC) No 736/2006 evidencing
significant standardisation concerns of non-compliance in
the area concerned and raising safety concerns if not
promptly corrected. In parallel certain non-compliances
observed in the undertakings visited during this visit to
verify the effectiveness of the oversight exercised by the
Bulgarian CAA, confirmed the necessity for these au-
thorities to propose corrective actions for another 10
findings pursuant
to resolve these
to Article 13(c)
matters within 14 days.

pursuant

(10) On 15 May 2008, Bulgaria formally requested the
Commission to review and remove
safeguard
measures pursuant to Article 3 of Regulation (EC) No
1962/2006 motivating its request by referring to the
statement of closure of findings issued earlier by EASA.

the

(11)

(12)

(13)

the

European Union,

to Article 37 of
to

the Act of Accession of
Pursuant
Bulgaria
safeguard
the
measures shall be maintained no longer than strictly
in any case, shall be lifted when the
necessary and,
relevant
Bulgaria's
agreed corrective
successful
considered
actions
the
is
capacity of
the Bulgarian CAA to ensure compliance
with Regulation (EC) No 216/2008 and its implementing
regulations.

commitment
implementation of

to guarantee

implemented.

sufficient

the

is

considers

Commission

The
the
commitment of Bulgaria to fully apply the Community
rules in the area of air transport is fulfilled and that the
safeguard measures imposed by virtue of Regulation (EC)
No 1962/2006 should be lifted.

therefore,

that

to Article 37 of

the Act of Accession of
Pursuant
Bulgaria to the European Union, the Commission shall
in good time before revoking the
inform the Council
European regulations and decisions
establishing the
safeguard measures, and it shall take duly into account
any observations of
respect.
Accordingly, the Commission informed the Council on
22 July 2008.

the Council

in this

implementation of

The Bulgarian CAA reacted timely and submitted
corrective actions to EASA which were implemented
with the agreement of EASA. In order to verify the effec­
these actions, EASA
tiveness of
carried out a follow-up visit on 8 and 9 April 2008
and issued a statement of closure of findings pursuant
to Article 12(b) of Regulation (EC) No 736/2006 on
24 April 2008. The statements presented therein were
further amended in a final version drawn up by EASA on
21 May, which was transmitted to the Commission on
26 May 2008.

(14)

The Council agreed on the proposed measures on 24 July
2008, without observations,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1962/2006 is repealed.

Article 2

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

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

Done at Brussels, 8 September 2008.

For the Commission

Antonio TAJANI
Vice-President