CELEX: 32008R1131
Language: en
Date: 2008-11-14 00:00:00
Title: Commission Regulation (EC) No 1131/2008 of 14 November 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)

15.11.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 306/47
            
         
      COMMISSION REGULATION (EC) No 1131/2008
   of 14 November 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 establishing the European Community,
   Having regard to Regulation (EC) No 2111/2005 of the European Parliament and the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (1), and in particular Article 4 thereof,
   Whereas:
   
               (1)
            
            
               Commission Regulation (EC) No 474/2006 of 22 March 2006 established the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 (2).
            
         
               (2)
            
            
               In accordance with Article 4(3) of Regulation (EC) No 2111/2005, some Member States communicated to the Commission information that is relevant in the context of updating the Community list. Relevant information was also communicated by third countries. On this basis, the Community list should be updated.
            
         
               (3)
            
            
               The Commission informed all air carriers concerned either directly or, when this was not practicable, through the authorities responsible for their regulatory oversight, indicating the essential facts and considerations which would form the basis for a decision to impose on them an operating ban within the Community or to modify the conditions of an operating ban imposed on an air carrier which is included in the Community list.
            
         
               (4)
            
            
               Opportunity was given by the Commission to the air carriers concerned to consult the documents provided by Member States, to submit written comments and to make an oral presentation to the Commission within 10 working days and to the Air Safety Committee established by Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation (3).
            
         
               (5)
            
            
               The authorities with responsibility for regulatory oversight over the air carriers concerned have been consulted by the Commission as well as, in specific cases, by some Member States.
            
         
               (6)
            
            
               Regulation (EC) No 474/2006 should therefore be amended accordingly.
            
         
               (7)
            
            
               Following information resulting from SAFA ramp checks carried out on aircraft of certain Community air carriers, as well as area specific inspections and audits carried out by their national aviation authorities, the following carriers have been subject to enforcement measures by their national authorities with responsibility for oversight: the competent authorities of Germany having been satisfied by corrective measures implemented by the carrier MSR Flug Charter GmbH decided nevertheless to suspend on 31 October 2008 its operating license after this carrier filed for bankruptcy and the potentially ensuing difficulties to respect safety requirements; the competent authorities of Portugal suspended on 10 October 2008 the AOC of the carrier Luzair, pending its recertification in full compliance with the applicable Community rules; the competent authorities of Spain initiated on 28 October 2008 the procedure for suspension of the AOC of the carrier Bravo Airlines; the competent authorities of Greece suspended on 24 October 2008 for three months the AOC of the carrier Hellenic Imperial Airways. The latter requested to make presentations to the Air Safety Committee and did so on 3 November 2008.
            
         
               (8)
            
            
               Following the adoption of Regulation (EC) No 715/2008, the Commission has received new information confirming the existence of systemic safety deficiencies within INAVIC. On 1 October 2008 ICAO published the final report of its audit on Angola conducted from 26 November to 5 December 2007 in the framework of its Universal Safety Oversight Audit Programme (USOAP). This report contains also the comments of the audited authority, as well as the corrective actions submitted to ICAO to resolve the findings. The number of findings in the relevant areas covered by Annexes to the Chicago Convention No 1, 6, 8 and 13 are forty-six (46). These findings indicate a high level of lack of effective implementation of the Standard and Recommended Practices (SARPs) of ICAO in all eight critical elements of a safety oversight system. In particular, the critical elements with more than 80 % lack of implementation are primary aviation legislation (84 %), specific operating regulations (89 %), qualification and training of technical staff (81 %), licensing and certification obligations (81 %), surveillance obligations (80 %) and resolution of safety concerns (100 %). Furthermore, there is significant safety concern expressed by ICAO in the area of aircraft operations certification and supervision, as to whether, even after the submission of a corrective action plan and actions implemented by INAVIC, ‘air operators conducting international operations can demonstrate meeting the regulations set forth by INAVIC to meet ICAO Annex 6 provision’. At the date of publication of the report, 50 % of the corrective actions should have been implemented.
            
         
               (9)
            
            
               This situation confirms the report of the team of experts of the Commission and the Member States which conducted a fact-finding mission to Angola from 18 to 22 February 2008. Indeed, the USOAP audit report confirms that currently all carriers of Angola have AOCs which do not comply with Annex 6 of the Chicago Convention. The completion of the certification of these carriers is not foreseen, according to the corrective action plan submitted to ICAO, before 31 May 2009.
            
         
               (10)
            
            
               The Commission addressed a letter on 6 October 2008 to the competent authorities of Angola in accordance with Article 7 of Regulation (EC) No 2111/2005, whereby these authorities and each of the airlines certified in Angola were given the opportunity of consulting the relevant documentation before a decision is reached. In addition, each of these airlines was also invited at the same time to submit written comments and/or to make an oral presentation to the Commission and to the Air Safety Committee.
            
         
               (11)
            
            
               The Commission acknowledges the efforts made by INAVIC towards progressively implementing the corrective actions proposed to ICAO. However, until evidence of satisfactory completion of the corrective action plan, in particular as regards the recertification of the air carriers in full compliance with Annex 6 of the Chicago Convention, the Commission, on the basis of the common criteria, considers that all air carriers certified in Angola should be subject to an operating ban and therefore included in Annex A. The Commission shall consult the authorities of Angola on this matter without delay.
            
         
               (12)
            
            
               There is verified evidence of insufficient ability of the authorities responsible for the oversight of air carriers certified in the in the Kingdom of Cambodia to address safety deficiencies, as showed by the USOAP audit conducted by ICAO in November-December 2007, which reported a large number of non-compliances with international standards. In addition, ICAO communicated to all contracting parties the existence of significant safety concerns with regards to the capability of the civil aviation authorities of Cambodia to carry out their air safety oversight responsibilities. Consequently, as envisaged in recital 35 of Regulation (EC) No 715/2008, the Commission invited on 3 October 2008 the competent authorities of Cambodia (SSCA) and all carriers certified in Cambodia to timely provide all relevant information regarding the implementation of corrective actions addressing the safety deficiencies identified by ICAO, and in particular the recertification of airlines.
            
         
               (13)
            
            
               SSCA has informed the Commission that it has revoked the AOCs of the following air carriers: Sarika Air Services, Royal Air Services, Royal Khmer Airlines and Imtrec Aviation. In addition, the AOC of PMT Air has been suspended until 12 April 2009 due to non-compliance with Cambodian Civil Aviation Regulations.
            
         
               (14)
            
            
               However, safety concerns remain regarding Siem Reap Airways International. The AOC of this carrier has been continued without any geographical limitation whilst evidence was obtained that the operator does not comply with Cambodian Civil Aviation Regulations and does not meet ICAO requirements. Therefore, on the basis of the common criteria, it is assessed that this carrier should be subject to an operating ban and therefore included in Annex A. The Commission is ready to provide technical assistance to the competent authorities of the Kingdom of Cambodia and will review at the next Air Safety Committee the safety situation of this carrier on the basis of any documentation submitted by the competent authorities of the Kingdom of Cambodia.
            
         
               (15)
            
            
               There is verified evidence of serious safety deficiencies on the part of all air carriers certified in the Republic of Philippines and of the insufficient ability of the authorities responsible for the oversight of air carriers certified in the in the Philippines to address safety deficiencies,, as showed by the continuation of the downgrading of the country's safety rating to category two by the U.S. Department of Transportation’s Federal Aviation Administration (FAA) in the framework of its IASA programme, indicating that that the Republic of Philippines fails to comply with international safety standards set by ICAO.
            
         
               (16)
            
            
               The Competent Authorities of the Philippines have however presented to the Commission on 13 October 2008 a detailed corrective action plan to redress the safety situation of the country's civil aviation, so that, when completed, the Philippines can demonstrate sustainable compliance with ICAO standards both in the State oversight system and in the operations of air carriers licensed by these authorities. According to that plan, approximately half of the corrective actions are to be completed by 31 December 2008, the remaining ones by 31 March 2009.
            
         
               (17)
            
            
               In the framework of the USOAP, the competent authorities of Philippines have requested ICAO to delay its comprehensive inspection of their national Air Transportation Office, previously scheduled for November 2008, until October 2009.
            
         
               (18)
            
            
               The European Commission intends to carry out, with the assistance of the Member States, a safety assessment of the competent authorities of the Philippines, including the verification of the implementation of the above-mentioned corrective actions plan, early 2009, to be able to decide the appropriate course of action at a next Air Safety Committee meeting.
            
         
               (19)
            
            
               The competent authorities of Equatorial Guinea have provided the Commission with information that they have granted AOCs to the following air carriers: EGAMS and Star Equatorial Airlines. Since the said authorities have shown a lack of ability to carry out adequate safety oversight of the carriers certified by them, these two carriers should be equally included in Annex A.
            
         
               (20)
            
            
               The authorities of the Kyrgyz Republic have provided the Commission with evidence of the withdrawal of the AOCs of the following air carriers: Asia Alpha Airways, Artik Avia, Esen Air, Kyrgyzstan Airlines, and Osh Avia. Since these carriers have consequently ceased their activities, they should be withdrawn from Annex A.
            
         
               (21)
            
            
               The competent authorities of Sierra Leone have provided the Commission with evidence of the cancellation of the AOC of the air carrier Bellview Airlines (SL). Since this carrier has ceased its activities, it should be withdrawn from Annex A.
            
         
               (22)
            
            
               Following the adoption of Regulation (EC) No 715/2008, the Commission received information from the competent authorities of the Republic of Yemen as well as the carrier Yemenia that the corrective actions plan was discussed and reviews with Airbus, which had carried out audits of the company in the area of maintenance and operations. The Commission received on 17 September 2008 the results of these discussions.
            
         
               (23)
            
            
               The Commission has been following closely the safety performance of the carrier and considers that the results of ramp checks performed on aircraft operated by Yemenia into the Community since the adoption of Regulation (EC) No 715/2008, reveal that the company has been implementing its corrective action plan in the area of maintenance and operational discipline in a sustainable manner to avoid the recurrence of significant safety deficiencies. Following ramp checks of aircraft of Yemenia which included findings indicating serious non-compliances, the Commission heard the carrier on 15 October, where it received documentation demonstrating that the carrier reacted appropriately and in a timely manner to resolve the findings in a sustainable manner. Therefore, the Commission considers that, on the basis of this information, no further action is needed. Member States will verify systematically the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft this carrier pursuant to Regulation (EC) No 351/2008.
            
         
               (24)
            
            
               The carrier Nouvelle Air Affaires Gabon requested to make a presentation to the Air Safety Committee and was heard on 3 November 2008. The Commission took note that this airline has undertook a reorganisation and has initiated a series of remedial actions in order to demonstrate, ultimately, compliance with international aviation safety standards. However, the carrier has not submitted documented evidence that the remedial action plan has been approved by the competent authorities of Gabon and verified as implemented.
            
         
               (25)
            
            
               Regarding the exercise of safety oversight of this carrier, the competent authorities of Gabon have not provided evidence that the oversight activities with regard to aircraft operations are carried out in conformity with international standards nor that the measures referred to in recital (15) of Regulation (EC) No 715/2008 have been implemented for this carrier. On 5 November 2008 the competent authorities of Gabon transmitted information regarding the exercise of oversight activities on certain carriers certified in Gabon. This information did not contain any evidence regarding oversight in the area of aircraft operations.
            
         
               (26)
            
            
               As a consequence, on the basis of the common criteria, the Commission considers that, at this stage, the carrier cannot be withdrawn from Annex A of the Community list.
            
         
               (27)
            
            
               Following the adoption of Regulation (EC) No 715/2008, the competent authorities of Ukraine transmitted to the Commission on 14 August 2008 the carrier's new AOC valid as of 4 August 2008, informing that after inspecting the carrier in June and July 2008 they decided to remove all previous restrictions and to authorize the addition of the following aircraft into the AOC of the carrier: five IL-76 with registration marks UR-UCC, UR-UCA, UR-UCT, UR-UCU, UR-UCO; one AN-12 with registration marks UR-UCN; and two AN-26 with registration marks UR-UDM and UR-UDS. Also, according to the new AOC of the carrier, the following aircraft were removed due to non-compliance with international safety standards: four IL-76 with registration marks UR-UCD, UR-UCH, UR-UCQ, UR-UCW; one AN-26 with registration marks UR-UCP; and one TU-154-B2 with registration marks UR-UCZ. The competent authorities of Austria informed on 31 October the competent authorities of Ukraine that they considered that the findings raised during SAFA ramp checks in 2007 and 2008 on the AN-12 aircraft of the carrier with registration UR-UCK as closed. The aircraft was removed from the AOC of the company.
            
         
               (28)
            
            
               The carrier requested to make presentations to the Air Safety Committee and was heard on 3 November 2008. At the meeting of the Air Safety Committee, the competent authorities of Ukraine re-affirmed that the previous non-compliance of a number of aircraft, which had been hitherto restricted from operating by virtue of their decision of February 2008, was due to ‘technological and economic decisions’. However, these authorities did not explain how the carrier had overcome any previous ‘technological or economic’ difficulties. Also, no information was submitted regarding the new situation of the carrier permitting to ascertain that any remedial action taken to resolve the safety deficiencies of its entire fleet was capable of providing sustainable solutions.
            
         
               (29)
            
            
               The Commission acknowledges the efforts made by the carrier to put in place remedial actions to resolve all identified safety deficiencies. However, in absence of evidence from the competent authorities of Ukraine regarding the verification of the implementation of the corrective measures and the effectiveness of such actions to resolve the detected safety in a sustainable manner, the Commission considers that, at this stage, on the basis of the common criteria, the carrier cannot be withdrawn from Annex A of the Community list. An on-site visit should be organised jointly by the Commission and the Member States before considering any modification of the operating ban imposed on the carrier. This has been accepted by the carrier and its authorities during the meeting of the Air Safety Committee.
            
         
               (30)
            
            
               The carrier informed the Commission on 15 October 2008 that it had completed a corrective action plan resolving all previously detected safety deficiencies and requested to make presentations to the Air Safety Committee. Ukrainian Mediterranean Airlines was heard on 3 November 2008. In its presentation the company the company made a more general reference to the economic impact it suffered during the time it has been included on Annex A and stated that its safety performance had improved by indicating that it has suffered a lower number of serious incidents in Ukraine since 2007 than other Ukrainian carriers. Also, it stated that its AOC had been renewed on 31 October 2008 after an audit by the competent authorities of Ukraine. The carrier presented evidence material of the approval by the Ukrainian State Aviation Administration dated 31 October 2008 of the implementation of its corrective action plan.
            
         
               (31)
            
            
               The competent authorities of Ukraine were invited on 24 October to transmit to the Commission the detailed verification of the implementation of corrective actions by Ukraine Mediterranean Airlines to enable the Commission and the Air Safety Committee to evaluate the appropriateness of these corrective actions. Also, they were invited to transmit information on the audits and inspections that these authorities had performed on this carrier with regard to its AOC and compliance with the relevant ICAO standards and recommended practices. The Commission did not receive any such documentation from the competent authorities of Ukraine.
            
         
               (32)
            
            
               Therefore, since the authorities responsible for regulatory oversight of this carrier have not demonstrated that they have implemented and enforced the relevant safety standards, the Commission considers that it has not been given the necessary and sufficient evidence to assess the appropriateness of the corrective action plan to redress in a sustainable manner all safety deficiencies which led to the imposition of the operating ban in the Community by Regulation (EC) No 1043/2007 of 11 September 2007.
            
         
               (33)
            
            
               As a consequence, on the basis of the common criteria, it is assessed that the carrier cannot at this stage be withdrawn from Annex A. An on-site visit should be organised jointly by the Commission and the Member States before considering any modification of the operating ban imposed on the carrier. This has been accepted by the carrier and its authorities during the meeting of the Air Safety Committee.
            
         
               (34)
            
            
               The Commission drew the attention of the competent authorities of Ukraine to the fact that, despite increased oversight activities of these authorities, monitoring of the performance of air carriers licensed in Ukraine kept showing disquieting results in ramp inspections. The competent authorities of Ukraine were invited to provide clarifications and to take the necessary measures, where appropriate. These authorities informed the Commission on 10 October about their oversight activities and enforcement measures on Ukrainian carriers.
            
         
               (35)
            
            
               As provided for in Regulation (EC) No 715/2008 the Commission has requested the competent authorities of Ukraine to submit a progress report on the implementation of the corrective action plan put in place to enhance and reinforce the exercise of aviation safety oversight in the Ukraine. The competent authorities of Ukraine submitted a progress report on the implementation of the corrective actions on 10 October 2008. This report shows an increase in oversight activities carried by the competent authorities of Ukraine affecting the number of aircraft inspections, AOC inspections and enforcement activities. However, it also shows that most of the actions which were due for September 2008 had to be postponed for the end of the year, including the adoption of the Aviation Code, and the corrective actions affecting aircraft operations. The Commission will verify the implementation of this action plan before the next meeting of the Air Safety Committee before proposing any further action.
            
         
               (36)
            
            
               No evidence of the full implementation of appropriate remedial actions by the other carriers included in the Community list updated on 24 July 2008 and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far in spite of specific requests submitted by the latter. Therefore, on the basis of the common criteria, it is assessed that these air carriers should continue to be subject to an operating ban (Annex A) or operating restrictions (Annex B), as the case may be.
            
         
               (37)
            
            
               The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 474/2006 is amended as follows:
   
               1.
            
            
               Annex A is replaced by 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, 14 November 2008.
      
         
            For the Commission
         
         Günter VERHEUGEN
         
         
            Vice-President
         
      
   
   
      (1)  OJ L 344, 27.12.2005, p. 15.
   
      (2)  OJ L 84, 23.3.2006, p. 14.
   
      (3)  OJ L 373, 31.12.1991, p. 4.
   
      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 Republic of Korea (DPRK)
               
            
                  AIR WEST CO. LTD
               
               
                  004/A
               
               
                  AWZ
               
               
                  Sudan
               
            
                  ARIANA AFGHAN AIRLINES
               
               
                  009
               
               
                  AFG
               
               
                  Afghanistan
               
            
                  SIEM REAP AIRWAYS INTERNATIONAL
               
               
                  AOC/013/00
               
               
                  SRH
               
               
                  Cambodia
               
            
                  SILVERBACK CARGO FREIGHTERS
               
               
                  Unknown
               
               
                  VRB
               
               
                  Rwanda
               
            
                  UKRAINE CARGO AIRWAYS
               
               
                  145
               
               
                  UKS
               
               
                  Ukraine
               
            
                  UKRAINIAN MEDITERRANEAN AIRLINES
               
               
                  164
               
               
                  UKM
               
               
                  Ukraine
               
            
                  VOLARE AVIATION ENTREPRISE
               
               
                  143
               
               
                  VRE
               
               
                  Ukraine
               
            
                  
                     All air carriers certified by the authorities with responsibility for regulatory oversight of Angola, including,
                  
               
               
                   
               
               
                   
               
               
                  Angola
               
            
                  AEROJET
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Angola
               
            
                  AIR26
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Angola
               
            
                  AIR GEMINI
               
               
                  02/2008
               
               
                  Unknown
               
               
                  Angola
               
            
                  AIR GICANGO
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Angola
               
            
                  AIR JET
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Angola
               
            
                  AIR NAVE
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Angola
               
            
                  ALADA
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Angola
               
            
                  ANGOLA AIR SERVICES
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Angola
               
            
                  DIEXIM
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Angola
               
            
                  GIRA GLOBO
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Angola
               
            
                  HELIANG
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Angola
               
            
                  HELIMALONGO
               
               
                  11/2008
               
               
                  Unknown
               
               
                  Angola
               
            
                  MAVEWA
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Angola
               
            
                  RUI & CONCEICAO
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Angola
               
            
                  SAL
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Angola
               
            
                  SONAIR
               
               
                  14/2008
               
               
                  Unknown
               
               
                  Angola
               
            
                  TAAG ANGOLA AIRLINES
               
               
                  001
               
               
                  DTA
               
               
                  Angola
               
            
                  
                     All air carriers certified by the authorities with responsibility for regulatory oversight of Democratic Republic of Congo (RDC), including,
                  
               
               
                   
               
               
                  —
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  AFRICA ONE
               
               
                  409/CAB/MIN/TC/0114/2006
               
               
                  CFR
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  AFRICAN AIR SERVICES COMMUTER SPRL
               
               
                  409/CAB/MIN/TC/0005/2007
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  AIGLE AVIATION
               
               
                  409/CAB/MIN/TC/0042/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  AIR BENI
               
               
                  409/CAB/MIN/TC/0019/2005
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  AIR BOYOMA
               
               
                  409/CAB/MIN/TC/0049/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  AIR INFINI
               
               
                  409/CAB/MIN/TC/006/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  AIR KASAI
               
               
                  409/CAB/MIN/TC/0118/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  AIR NAVETTE
               
               
                  409/CAB/MIN/TC/015/2005
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  AIR TROPIQUES S.P.R.L.
               
               
                  409/CAB/MIN/TC/0107/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  BEL GLOB AIRLINES
               
               
                  409/CAB/MIN/TC/0073/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  BLUE AIRLINES
               
               
                  409/CAB/MIN/TC/0109/2006
               
               
                  BUL
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  BRAVO AIR CONGO
               
               
                  409/CAB/MIN/TC/0090/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  BUSINESS AVIATION S.P.R.L.
               
               
                  409/CAB/MIN/TC/0117/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  BUTEMBO AIRLINES
               
               
                  409/CAB/MIN/TC/0056/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  CARGO BULL AVIATION
               
               
                  409/CAB/MIN/TC/0106/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  CETRACA AVIATION SERVICE
               
               
                  409/CAB/MIN/TC/037/2005
               
               
                  CER
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  CHC STELLAVIA
               
               
                  409/CAB/MIN/TC/0050/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  COMAIR
               
               
                  409/CAB/MIN/TC/0057/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  COMPAGNIE AFRICAINE D’AVIATION (CAA)
               
               
                  409/CAB/MIN/TC/0111/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  DOREN AIR CONGO
               
               
                  409/CAB/MIN/TC/0054/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  EL SAM AIRLIFT
               
               
                  409/CAB/MIN/TC/0002/2007
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  ESPACE AVIATION SERVICE
               
               
                  409/CAB/MIN/TC/0003/2007
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  FILAIR
               
               
                  409/CAB/MIN/TC/0008/2007
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  FREE AIRLINES
               
               
                  409/CAB/MIN/TC/0047/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  GALAXY INCORPORATION
               
               
                  409/CAB/MIN/TC/0078/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  GOMA EXPRESS
               
               
                  409/CAB/MIN/TC/0051/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  GOMAIR
               
               
                  409/CAB/MIN/TC/0023/2005
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  GREAT LAKE BUSINESS COMPANY
               
               
                  409/CAB/MIN/TC/0048/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  HEWA BORA AIRWAYS (HBA)
               
               
                  409/CAB/MIN/TC/0108/2006
               
               
                  ALX
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  I.T.A.B. — INTERNATIONAL TRANS AIR BUSINESS
               
               
                  409/CAB/MIN/TC/0022/2005
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  KATANGA AIRWAYS
               
               
                  409/CAB/MIN/TC/0088/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  KIVU AIR
               
               
                  409/CAB/MIN/TC/0044/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  LIGNES AERIENNES CONGOLAISES
               
               
                  Ministerial signature (ordonnance 78/205)
               
               
                  LCG
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  MALU AVIATION
               
               
                  409/CAB/MIN/TC/0113/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  MALILA AIRLIFT
               
               
                  409/CAB/MIN/TC/0112/2006
               
               
                  MLC
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  MANGO AIRLINES
               
               
                  409/CAB/MIN/TC/0007/2007
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  PIVA AIRLINES
               
               
                  409/CAB/MIN/TC/0001/2007
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  RWAKABIKA BUSHI EXPRESS
               
               
                  409/CAB/MIN/TC/0052/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  SAFARI LOGISTICS SPRL
               
               
                  409/CAB/MIN/TC/0076/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  SAFE AIR COMPANY
               
               
                  409/CAB/MIN/TC/0004/2007
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  SERVICES AIR
               
               
                  409/CAB/MIN/TC/0115/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  SUN AIR SERVICES
               
               
                  409/CAB/MIN/TC/0077/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  TEMBO AIR SERVICES
               
               
                  409/CAB/MIN/TC/0089/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  THOM'S AIRWAYS
               
               
                  409/CAB/MIN/TC/0009/2007
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  TMK AIR COMMUTER
               
               
                  409/CAB/MIN/TC/020/2005
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  TRACEP CONGO
               
               
                  409/CAB/MIN/TC/0055/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  TRANS AIR CARGO SERVICE
               
               
                  409/CAB/MIN/TC/0110/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  TRANSPORTS AERIENS CONGOLAIS (TRACO)
               
               
                  409/CAB/MIN/TC/0105/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  VIRUNGA AIR CHARTER
               
               
                  409/CAB/MIN/TC/018/2005
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  WIMBI DIRA AIRWAYS
               
               
                  409/CAB/MIN/TC/0116/2006
               
               
                  WDA
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  ZAABU INTERNATIONAL
               
               
                  409/CAB/MIN/TC/0046/2006
               
               
                  Unknown
               
               
                  Democratic Republic of Congo (RDC)
               
            
                  
                     All air carriers certified by the authorities with responsibility for regulatory oversight of Equatorial Guinea, including,
                  
               
               
                   
               
               
                   
               
               
                  Equatorial Guinea
               
            
                  CRONOS AIRLINES
               
               
                  unknown
               
               
                  Unknown
               
               
                  Equatorial Guinea
               
            
                  CEIBA INTERCONTINENTAL
               
               
                  unknown
               
               
                  CEL
               
               
                  Equatorial Guinea
               
            
                  EGAMS
               
               
                  unknown
               
               
                  EGM
               
               
                  Equatorial Guinea
               
            
                  EUROGUINEANA DE AVIACION Y TRANSPORTES
               
               
                  2006/001/MTTCT/DGAC/SOPS
               
               
                  EUG
               
               
                  Equatorial Guinea
               
            
                  GENERAL WORK AVIACION
               
               
                  002/ANAC
               
               
                  n/a
               
               
                  Equatorial Guinea
               
            
                  GETRA — GUINEA ECUATORIAL DE TRANSPORTES AEREOS
               
               
                  739
               
               
                  GET
               
               
                  Equatorial Guinea
               
            
                  GUINEA AIRWAYS
               
               
                  738
               
               
                  n/a
               
               
                  Equatorial Guinea
               
            
                  STAR EQUATORIAL AIRLINES
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Equatorial Guinea
               
            
                  UTAGE — UNION DE TRANSPORT AEREO DE GUINEA ECUATORIAL
               
               
                  737
               
               
                  UTG
               
               
                  Equatorial Guinea
               
            
                  
                     All air carriers certified by the authorities with responsibility for regulatory oversight of Indonesia, including,
                  
               
               
                   
               
               
                   
               
               
                  Indonesia
               
            
                  AIR PACIFIC UTAMA
               
               
                  135-020
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  AIRFAST INDONESIA
               
               
                  135-002
               
               
                  AFE
               
               
                  Indonesia
               
            
                  ASCO NUSA AIR TRANSPORT
               
               
                  135-022
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  ASI PUDJIASTUTI
               
               
                  135-028
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  ATLAS DELTASATYA
               
               
                  135-023
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  AVIASTAR MANDIRI
               
               
                  135-029
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  BALAI KALIBRASI FASITAS PENERBANGAN
               
               
                  135-031
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  DABI AIR NUSANTARA
               
               
                  135-030
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  DERAYA AIR TAXI
               
               
                  135-013
               
               
                  DRY
               
               
                  Indonesia
               
            
                  DERAZONA AIR SERVICE
               
               
                  135-010
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  DIRGANTARA AIR SERVICE
               
               
                  135-014
               
               
                  DIR
               
               
                  Indonesia
               
            
                  EASTINDO
               
               
                  135-038
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  EKSPRES TRANSPORTASI ANTAR BENUA
               
               
                  135-032
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  GARUDA INDONESIA
               
               
                  121-001
               
               
                  GIA
               
               
                  Indonesia
               
            
                  GATARI AIR SERVICE
               
               
                  135-018
               
               
                  GHS
               
               
                  Indonesia
               
            
                  HELIZONA
               
               
                  135-003
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  INDONESIA AIR ASIA
               
               
                  121-009
               
               
                  AWQ
               
               
                  Indonesia
               
            
                  INDONESIA AIR TRANSPORT
               
               
                  135-017
               
               
                  IDA
               
               
                  Indonesia
               
            
                  INTAN ANGKASA AIR SERVICE
               
               
                  135-019
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  KARTIKA AIRLINES
               
               
                  121-003
               
               
                  KAE
               
               
                  Indonesia
               
            
                  KURA-KURA AVIATION
               
               
                  135-016
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  LION MENTARI ARILINES
               
               
                  121-010
               
               
                  LNI
               
               
                  Indonesia
               
            
                  LINUS AIRWAYS
               
               
                  121-029
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  MANDALA AIRLINES
               
               
                  121-005
               
               
                  MDL
               
               
                  Indonesia
               
            
                  MANUNGGAL AIR SERVICE
               
               
                  121-020
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  MEGANTARA AIRLINES
               
               
                  121-025
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  MERPATI NUSANTARA
               
               
                  121-002
               
               
                  MNA
               
               
                  Indonesia
               
            
                  METRO BATAVIA
               
               
                  121-007
               
               
                  BTV
               
               
                  Indonesia
               
            
                  NATIONAL UTILITY HELICOPTER
               
               
                  135-011
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  PELITA AIR SERVICE
               
               
                  121-008
               
               
                  PAS
               
               
                  Indonesia
               
            
                  PELITA AIR SERVICE
               
               
                  135-001
               
               
                  PAS
               
               
                  Indonesia
               
            
                  PENERBANGAN ANGKASA SEMESTA
               
               
                  135-026
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  PURA WISATA BARUNA
               
               
                  135-025
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  REPUBLIC EXPRES AIRLINES
               
               
                  121-040
               
               
                  RPH
               
               
                  Indonesia
               
            
                  RIAU AIRLINES
               
               
                  121-017
               
               
                  RIU
               
               
                  Indonesia
               
            
                  SAMPURNA AIR NUSANTARA
               
               
                  135-036
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  SAYAP GARUDA INDAH
               
               
                  135-004
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  SMAC
               
               
                  135-015
               
               
                  SMC
               
               
                  Indonesia
               
            
                  SRIWIJAYA AIR
               
               
                  121-035
               
               
                  SJY
               
               
                  Indonesia
               
            
                  SURVEI UDARA PENAS
               
               
                  135-006
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  TRANSWISATA PRIMA AVIATION
               
               
                  135-021
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  TRAVEL EXPRES AIRLINES
               
               
                  121-038
               
               
                  XAR
               
               
                  Indonesia
               
            
                  TRAVIRA UTAMA
               
               
                  135-009
               
               
                  Unknown
               
               
                  Indonesia
               
            
                  TRI MG INTRA AIRLINES
               
               
                  121-018
               
               
                  TMG
               
               
                  Indonesia
               
            
                  TRI MG INTRA AIRLINES
               
               
                  135-037
               
               
                  TMG
               
               
                  Indonesia
               
            
                  TRIGANA AIR SERVICE
               
               
                  121-006
               
               
                  TGN
               
               
                  Indonesia
               
            
                  WING ABADI NUSANTARA
               
               
                  121-012
               
               
                  WON
               
               
                  Indonesia
               
            
                  
                     All air carriers certified by the authorities with responsibility for regulatory oversight of the Kyrgyz Republic, including,
                  
               
               
                   
               
               
                  —
               
               
                  Kyrgyz Republic
               
            
                  AIR MANAS
               
               
                  17
               
               
                  MBB
               
               
                  Kyrgyz Republic
               
            
                  AVIA TRAFFIC COMPANY
               
               
                  23
               
               
                  AVJ
               
               
                  Kyrgyz Republic
               
            
                  AEROSTAN (EX BISTAIR-FEZ BISHKEK)
               
               
                  08
               
               
                  BSC
               
               
                  Kyrgyz Republic
               
            
                  CLICK AIRWAYS
               
               
                  11
               
               
                  CGK
               
               
                  Kyrgyz Republic
               
            
                  DAMES
               
               
                  20
               
               
                  DAM
               
               
                  Kyrgyz Republic
               
            
                  EASTOK AVIA
               
               
                  15
               
               
                  Unknown
               
               
                  Kyrgyz Republic
               
            
                  GOLDEN RULE AIRLINES
               
               
                  22
               
               
                  GRS
               
               
                  Kyrgyz Republic
               
            
                  ITEK AIR
               
               
                  04
               
               
                  IKA
               
               
                  Kyrgyz Republic
               
            
                  KYRGYZ TRANS AVIA
               
               
                  31
               
               
                  KTC
               
               
                  Kyrgyz Republic
               
            
                  KYRGYZSTAN
               
               
                  03
               
               
                  LYN
               
               
                  Kyrgyz Republic
               
            
                  MAX AVIA
               
               
                  33
               
               
                  MAI
               
               
                  Kyrgyz Republic
               
            
                  S GROUP AVIATION
               
               
                  6
               
               
                  Unknown
               
               
                  Kyrgyz Republic
               
            
                  SKY GATE INTERNATIONAL AVIATION
               
               
                  14
               
               
                  SGD
               
               
                  Kyrgyz Republic
               
            
                  SKY WAY AIR
               
               
                  21
               
               
                  SAB
               
               
                  Kyrgyz Republic
               
            
                  TENIR AIRLINES
               
               
                  26
               
               
                  TEB
               
               
                  Kyrgyz Republic
               
            
                  TRAST AERO
               
               
                  05
               
               
                  TSJ
               
               
                  Kyrgyz Republic
               
            
                  VALOR AIR
               
               
                  07
               
               
                  Unknown
               
               
                  Kyrgyz Republic
               
            
                  
                     All air carriers certified by the authorities with responsibility for regulatory oversight of Liberia
                  
               
               
                   
               
               
                  —
               
               
                  Liberia
               
            
                  
                     All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Gabon, with the exception of Gabon Airlines and Afrijet, including,
                  
               
               
                   
               
               
                   
               
               
                  Republic of Gabon
               
            
                  AIR SERVICES SA
               
               
                  0002/MTACCMDH/SGACC/DTA
               
               
                  Unknown
               
               
                  Republic of Gabon
               
            
                  AIR TOURIST (ALLEGIANCE)
               
               
                  0026/MTACCMDH/SGACC/DTA
               
               
                  NIL
               
               
                  Republic of Gabon
               
            
                  NATIONALE ET REGIONALE TRANSPORT (NATIONALE)
               
               
                  0020/MTACCMDH/SGACC/DTA
               
               
                  Unknown
               
               
                  Republic of Gabon
               
            
                  NOUVELLE AIR AFFAIRES GABON (SN2AG)
               
               
                  0045/MTACCMDH/SGACC/DTA
               
               
                  NVS
               
               
                  Republic of Gabon
               
            
                  SCD AVIATION
               
               
                  0022/MTACCMDH/SGACC/DTA
               
               
                  Unknown
               
               
                  Republic of Gabon
               
            
                  SKY GABON
               
               
                  0043/MTACCMDH/SGACC/DTA
               
               
                  SKG
               
               
                  Republic of Gabon
               
            
                  SOLENTA AVIATION GABON
               
               
                  0023/MTACCMDH/SGACC/DTA
               
               
                  Unknown
               
               
                  Republic of Gabon
               
            
                  
                     All air carriers certified by the authorities with responsibility for regulatory oversight of Sierra Leone, including,
                  
               
               
                  —
               
               
                  —
               
               
                  Sierra Leone
               
            
                  AIR RUM, LTD
               
               
                  Unknown
               
               
                  RUM
               
               
                  Sierra Leone
               
            
                  DESTINY AIR SERVICES, LTD
               
               
                  Unknown
               
               
                  DTY
               
               
                  Sierra Leone
               
            
                  HEAVYLIFT CARGO
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Sierra Leone
               
            
                  ORANGE AIR SIERRA LEONE LTD
               
               
                  Unknown
               
               
                  ORJ
               
               
                  Sierra Leone
               
            
                  PARAMOUNT AIRLINES, LTD
               
               
                  Unknown
               
               
                  PRR
               
               
                  Sierra Leone
               
            
                  SEVEN FOUR EIGHT AIR SERVICES LTD
               
               
                  Unknown
               
               
                  SVT
               
               
                  Sierra Leone
               
            
                  TEEBAH AIRWAYS
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Sierra Leone
               
            
                  
                     All air carriers certified by the authorities with responsibility for regulatory oversight of Swaziland, including,
                  
               
               
                  —
               
               
                  —
               
               
                  Swaziland
               
            
                  AERO AFRICA (PTY) LTD
               
               
                  Unknown
               
               
                  RFC
               
               
                  Swaziland
               
            
                  JET AFRICA SWAZILAND
               
               
                  Unknown
               
               
                  OSW
               
               
                  Swaziland
               
            
                  ROYAL SWAZI NATIONAL AIRWAYS CORPORATION
               
               
                  Unknown
               
               
                  RSN
               
               
                  Swaziland
               
            
                  SCAN AIR CHARTER, LTD
               
               
                  Unknown
               
               
                  Unknown
               
               
                  Swaziland
               
            
                  SWAZI EXPRESS AIRWAYS
               
               
                  Unknown
               
               
                  SWX
               
               
                  Swaziland
               
            
                  SWAZILAND AIRLINK
               
               
                  Unknown
               
               
                  SZL
               
               
                  Swaziland
               
            
         (1)  Air carriers listed in Annex A could be permitted to exercise traffic rights by using wet-leased aircraft of an air carrier which is not subject to an operating ban, provided that the relevant safety standards are complied with.
   
   
      ANNEX B
      LIST OF AIR CARRIERS OF WHICH OPERATIONS ARE SUBJECT TO OPERATIONAL RESTRICTIONS WITHIN THE COMMUNITY (1)
      
      
                  Name of the legal entity of the air carrier as indicated on its AOC
                  (and its trading name, if different)
               
               
                  Air Operator Certificate (AOC) Number
               
               
                  ICAO airline designation number
               
               
                  State of the Operator
               
               
                  Aircraft type
               
               
                  Registration mark(s) and, when available, construction serial number(s)
               
               
                  State of registry
               
            
                  AFRIJET (2)
                  
               
               
                  0027/MTAC/SGACC/DTA
               
               
                   
               
               
                  Republic of Gabon
               
               
                  All fleet with the exception of:
                  2 aircraft of type Falcon 50; 1 aircraft of type Falcon 900
               
               
                  All fleet with the exception of:
                  TR-LGV; TR-LGY; TR-AFJ
               
               
                  Republic of Gabon
               
            
                  AIR BANGLADESH
               
               
                  17
               
               
                  BGD
               
               
                  Bangladesh
               
               
                  B747-269B
               
               
                  S2-ADT
               
               
                  Bangladesh
               
            
                  AIR SERVICE COMORES
               
               
                  06-819/TA-15/DGACM
               
               
                  KMD
               
               
                  Comoros
               
               
                  All fleet with the exception of:
                  LET 410 UVP
               
               
                  All fleet with the exception of:
                  D6-CAM (851336)
               
               
                  Comoros
               
            
                  GABON AIRLINES (3)
                  
               
               
                  0040/MTAC/SGACC/DTA
               
               
                  GBK
               
               
                  Republic of Gabon
               
               
                  All fleet with the exception of:
                  1 aircraft of type Boeing B-767-200
               
               
                  All fleet with the exception of: TR-LHP
               
               
                  Republic of Gabon
               
            
         (1)  Air carriers listed in Annex B could be permitted to exercise traffic rights by using wet-leased aircraft of an air carrier which is not subject to an operating ban, provided that the relevant safety standards are complied with.
      
         (2)  Afrijet is only allowed to use the specific aircraft mentioned for its current operations within the European Community.
      
         (3)  Gabon Airlines is only allowed to use the specific aircraft mentioned for its current operations within the European Community.