No 295/2012 of 3 April 2012 Amending Regulation

4.4.2012 EN Official Journal of the European Union L 98/13

COMMISSION IMPLEMENTING REGULATION (EU) No 295/2012 of 3 April 2012 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 EUROPEAN COMMISSION, 10 working days and to the Air Safety Committee estab lished by Council Regulation (EEC) No 3922/1991 of 16 December on the harmonization of the technical requirements and administrative procedures in the field Having regard to the Treaty on the Functioning of the European of civil aviation ( 3 ). Union,

Having regard to Regulation (EC) No 2111/2005 of the (5) The Air Safety Committee has heard presentations by European Parliament and the Council of 14 December 2005 EASA about the results of the analysis of audit reports on the establishment of a Community list of air carriers subject carried out by the International Civil Aviation Organi to an operating ban within the Community and on informing sation (ICAO hereafter) in the framework of ICAO’s air passengers of the identity of the operating carrier, and Universal Safety Oversight Audit Programme (USOAP). repealing Article 9 of Directive 2004/36/CE ( 1 ), and in particular Member States were invited to prioritize ramp Article 4 thereof ( 2), inspections on air carriers licensed on States for which significant safety concern have been identified by ICAO or for which EASA concluded there are significant defi ciencies in the safety oversight system. Notwithstanding Whereas: consultations undertaken by the Commission under Regulation (EC) No 2011/2005, this will permit to acquire further information regarding the safety performance on the air carriers licensed in that States. (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 Union referred to in Chapter II of Regulation (EC) No 2111/2005. (6) The Air Safety Committee has heard presentations by EASA about the technical assistance projects carried out in States affected by Regulation (EC) No 2111/2005. It has been informed about the requests for further (2) In accordance with Article 4(3) of Regulation (EC) No technical assistance and cooperation to improve the 2111/2005, some Member States and the European administrative and technical capability of civil aviation Aviation Safety Agency (hereinafter "EASA") authorities with a view to resolving non compliances communicated to the Commission information that is with applicable international standards. Member States relevant in the context of updating the Community list. were invited to respond to these requests on a bilateral Relevant information was also communicated by third basis in coordination with the Commission and EASA. countries. On this basis, the Community list should be updated.

(7) Regulation (EC) No 474/2006 should be therefore amended accordingly. (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 Air carriers from the European Union them an operating ban within the Union or to modify (8) Following the analysis by EASA of information resulting the conditions of an operating ban imposed on an air from ramp checks carried out on aircraft of certain air carrier which is included in the Community list. carriers licensed in the European Union or from stan dardisation inspections carried out by EASA as well as area specific inspections and audits carried out by their (4) Opportunity was given by the Commission to the air national aviation authorities, some Member States have carriers concerned to consult documents provided by taken certain enforcement measures. They informed the Member States, to submit written comments and to Commission and the Air Safety Committee about these make an oral presentation to the Commission within measures: Germany informed that several German air carriers are under re-inforced oversight, including Air

( 1 ) OJ L 344, 27.12.2005, p. 15. ( 2 ) OJ L 143, 30.4.2004 p. 76. ( 3 ) OJ L 373, 31.12.1991, p. 4. L 98/14 EN Official Journal of the European Union 4.4.2012

Alliance Express and Air Traffic GmbH Dusseldorf, Latvia (12) The competent authorities of Aruba and the air carrier informed that the Air Operator Certificate (AOC) of made written submissions and attended to a meeting Inversija was revoked on 19 January 2012; Italy with the Commission, EASA and some members of the informed that the AOC of ItaliAirlines was revoked and Air Safety Committee on 20 February 2012. Based on that the air transport license held by the air carrier the information provided, although the safety concerns Livingston remains suspended; Greece informed that the identified by France appear to have been addressed, commercial license of the air carrier Hellenic Imperial further concerns were identified with regard to the oper Airways was lifted from suspension on 28 February ator's principal place of business. The carrier stated that 2012 but remains under heightened surveillance, and its office in Aruba is limited to two secretaries only and that additional surveillance had also been introduced that the head office where the operational control of the for the air carriers Sky wings Airlines and Hermes flight operations and the continuing airworthiness are Airlines; the Netherlands informed that the AOC of exercised is not located in Aruba. However, the Solid-air was revoked on 28 December 2011 and the competent authorities of Aruba informed that they AOC of Amsterdam Airlines on 6 February 2012; have undertaken a review of the civil aviation legislation Spain informed that the AOC of Zorex remains to ensure that air carriers certified in Aruba have their suspended since 7 November 2011; Sweden informed principle place of business established in that State and that the AOC of AirSweden Aviation AB was revoked that Comlux Aruba was requested to demonstrate the on 10 January 2012, that the AOC of the air carrier Flyg principal place of business is established in Aruba no Centrum AB was revoked on 16 December 2011 and the later than 1 August 2012. air carrier Nova Air remains under heightened surveil lance; Romania informed that by 20 March 2012 the AOC of Direct Aero Services had been revoked.

(13) The Commission takes note and will further monitor the administrative and legal actions undertaken by the Air carriers from the Republic of Albania competent authorities of Aruba to ensure that air carriers certified in that State have their principle place (9) Following the decision taken at the last Air Safety of business established in that State. Committee in November 2011 ( 1), the competent auth orities of Albania reported they are progressing in the implementation of their action plan, however with some delay regarding the long-term procurement of qualified inspectors. Albania is urged to speed-up measures to Air carriers from the Democratic Republic of Congo develop the capacity of its safety oversight authority. EASA will continue to monitor the progress of corrective (14) Air carriers certified in the Democratic Republic of actions and will carry out a comprehensive follow-up Congo have been listed in Annex A since March 3 inspection in October 2012 to verify the satisfactory 2006 ( ). Information was received that the competent implementation of actions plans. The Air Safety authorities of the Democratic Republic of Congo had Committee will re-assess the situation depending on the issued a new license to the air carrier Jet Congo results of this inspection. Airways. The competent authorities of the Democratic Republic of Congo failed to respond to a request for information by the Commission and failed to provide evidence that the safety oversight of new air carrier Comlux Aruba N.V. complies fully with applicable international safety stan dards. Therefore, on the basis of the common criteria, it (10) The competent authorities of France reported that they is assessed that this carrier should be equally included in could not issue an authorisation to Comlux Aruba N.V., Annex A. an air carrier certified in Aruba, due to the existence of safety deficiencies identified during the assessment of the technical questionnaire submitted by the operator for the purpose of receiving landing authorisation in that Member State, and notified their conclusion to Member (15) Several fatal accidents were reported involving air carriers States via the SAFA database ( 2 ). certified in the Democratic Republic of Congo since the last Air Safety Committee. On 30 January 2012, an aircraft of type Antonov 28 with registration mark 9Q- CUN operated by TRACEP Congo Aviation crashed, (11) The Commission, having regard to those deficiencies, has leading to the total loss of the aircraft and to 4 fatalities. entered into consultation with the competent authorities On 12 February 2012, an aircraft of type Gulfstream IV, of Aruba and the air carrier, expressing concerns about with registration mark N25A, operated by Katanga the safety of the operations of Comlux Aruba N.V. in the Express crashed, leading to the total loss of the aircraft EU and asking for clarifications regarding the actions and to 6 fatalities. The competent authorities of the undertaken by the competent authorities as well as the Democratic Republic of Congo however did not carrier to respond to these deficiencies. respond to requests for information by the Commission on the preliminary findings of the accident investigations.

( 1 ) Recitals (14) to (25) of Regulation (EU) No 1197/2011, OJ L 303, 22.11.2011, p. 15. ( 3 ) Recitals (60) to (64) of Regulation (EC) No 474/2006 of 22 March ( 2 ) Standard report No DGAC/F-2011-1879 2006, OJ L 84, 23.3.2006, p. 18. 4.4.2012 EN Official Journal of the European Union L 98/15

Air carriers from Equatorial Guinea (22) DGCA further informed that new AOCs had been issued to TransNusa Aviation Mandiri on 19 August 2011, (16) All air carriers certified in Equatorial Guinea have been Enggang Air Service on 1 March 2010, Surya Air on 1 listed in Annex A since March 2006 ( ). The Commission 8 April 2011, Ersa Eastern Aviation on 9 September and EASA held a consultation meeting with the 2011 and Matthew Air Nusantara on 20 September competent authorities of Equatorial Guinea (DGAC) on 2011. However, DGCA did not provide the evidence 22 February 2012. During this meeting, DGAC presented that the safety oversight of these air carriers is ensured the progress made to date in order to alleviate the safety in compliance with international safety standards, on the concerns identified by the International Civil Aviation basis of the common criteria, it is assessed that these Organisation (ICAO) at the occasion of the audit carriers should be equally included in Annex A. carried out in 2007 in the framework of the Universal Safety Oversight Audit Program (USOAP).

(23) The Commission noted the continued progress made by the competent authorities of Indonesia and encourages (17) DGAC provided the Commission with evidence of the withdrawal of the Air Operator's Certificates of the them to continue the sound work in establishing a civil following air carriers: GETRA, Guinea Airways, UTAGE, aviation oversight system fully in compliance with inter Euroguineana de Aviacion y Transportes, General Work national safety standards, and will review the case in Aviacion, Star Equatorial Airlines and EGAMS. Since advance of the next meeting of the Air Safety Committee. these air carriers certified in Equatorial Guinea have consequently ceased their activities, they should be withdrawn from Annex A. Air carriers from Libya

(24) On the basis of the fatal accident to an aircraft of type (18) DGAC provided the Commission with information indi Airbus A330 operated by Afriqiyah Airways on 13 May cating that an Air Operator Certificate was granted to the 2010 and verified evidence of safety deficiencies air carrier Punto Azul. However, DGCA did not provide identified by the SAFA programme concerning 2 3 the evidence that the safety oversight of this air carrier is Afriqiyah Airways ( ) and United Aviation ( ), the ensured in compliance with international safety stan Commission entered into discussions with the dards, on the basis of the common criteria, it is Competent Authorities of Libya (LCAA) in October assessed that this air carrier should be included in 2010. These discussions were interrupted by the Libyan Annex A. civil war.

(19) The Commission noted the progress made by the (25) The consultations were resumed in October 2011 and competent authorities of Equatorial Guinea and the LCAA informed that they had suspended all Libyan encourages them to continue their efforts towards the Air Operator's Certificates (AOC) and would conduct a establishment of a civil aviation oversight system in recertification process before lifting the suspension of the compliance with international safety standards. AOCs. During the audits as part of this re-certification process the LCAA detected significant safety issues concerning Afriqiyah Airways, notably in the area of Air carriers from the Republic of Indonesia pilot training, a lack of maintenance staff, and insufficient equipment to perform maintenance tasks. Nonetheless, (20) Consultations with the competent authorities of shortly after the audit, the LCAA issued an AOC to Indonesia (DGCA) continue with the view to monitor Afriqiyah Airways. the progress of the DGCA in ensuring the safety oversight of all air carriers certified in Indonesia in compliance with the international safety standards. On 7 February 2012 a videoconference was held between (26) The Commission, EASA and several members of the Air the Commission, EASA and the DGCA. The DGCA Safety Committee held further consultations with the confirmed they continue to progress and informed of LCAA, Afriqiyah Airways, Libyan Airlines and Global further enforcement actions regarding certain air Aviation on 22 February 2012. However, LCAA failed carriers under their oversight: in particular the AOCs of to provide the information requested to date, in Kartika Airlines, Mimika Air, Riau Airlines and Survei particular the list of air carriers certified in Libya, all Udara Penas had been suspended. corresponding AOCs and attached operations specifi cations, the audit reports made prior to lift the suspen sions, together with evidence that the deficiencies identified in the course of these audits were satisfactorily (21) DGCA also informed and provided confirmation that the closed. In addition, they indicated that the investigations AOC of Megantara had been revoked on 13 August into the Afriqiyah Airways accident had encountered 2010. Therefore, on the basis of the common criteria, difficulties and have not led to conclusions so far. it is assessed that this air carrier should be removed from Annex A. ( 2 ) DGAC/F-2010-1761; CAA-NL-2010-68; CAA-NL-2010-210; LBA/D-2010-656; DGAC/F-2010-850; ENAC-IT-2010-400; ( 1 ) Recitals (65) to (69) of Regulation (EC) No 474/2006 of 22 March DGAC/F-2010-2060; DGAC/F-2010-1571; DGAC/F-2010-498 2006, OJ L 84, 23.3.2006, p. 18. ( 3 ) LBA/D-2010-1258; DGAC/F-2010-841 L 98/16 EN Official Journal of the European Union 4.4.2012

(27) The Minister of Transport of Libya, the LCAA, Afriqiyah authorities of Mauritania (ANAC) informed of the Airways and Libyan Airlines made presentations to the issuance of a new AOC to the air carrier Mauritania Air Safety Committee on 20 March 2012. The Minister Airlines without demonstrating that the safety oversight acknowledged that the Libyan aviation safety system was of this air carrier complies fully with applicable inter not conforming to ICAO standards. He set out plans to national safety standards. In particular, its AOC was remedy the situation under a 3 year programme with the issued on 8 May 2011 without providing evidence that assistance of external aviation safety expertise. the numerous deficiencies identified during the initial certification of the airline (desktop review of the oper ational and maintenance procedures in April 2011 and on-site audit carried out between 3 and 5 May 2011) had (28) The Minister acknowledged during the Air safety been effectively rectified prior to the issuance of the Committee and LCAA confirmed in writing on AOC. The AOC was also issued without ensuring 22 March 2012 that, because of the identified safety beforehand that the operator held the appropriate deficiencies in the oversight system of Libya, Libyan air approvals for continuing airworthiness and maintenance. carriers will not be permitted to operate into the Furthermore, no evidence was provided that the air European Union, Norway, Iceland and Switzerland at carrier is subject to continuous oversight in accordance least until 22 November 2012, and that their AOCs with international safety standards. Therefore, on the will be amended to reflect these restrictions accordingly. basis of the common criteria, it is assessed that this He stated further that a Committee had been formed to carrier should be equally included in Annex A. take forward the work of reconstruction of the Libyan aviation safety system. He stated that the competent authorities of Libya would work closely with the Commission and provide regular updates in order to provide evidence of progress. (33) ANAC also informed that the AOC of Mauritania Airways expired on 15 December 2010 and was not renewed as the air carrier ceased its activity. Therefore, (29) The Committee took note of the decisive action of the on the basis of the common criteria, it is assessed that Libyan authorities and requested that, no later than this carrier should be removed from Annex A. 20 April 2012, the LCAA provide to the Commission a corrective action plan which fully addresses all outstanding requests for information, and sets out specific actions and target dates to address the shortfalls in their oversight system. (34) Mauritania informed that decisive actions have been undertaken to bring positive changes to its safety oversight system, including the amendment of the civil aviation legislation to align them with the Annexes to the (30) The Commission and the Air Safety Committee Chicago Convention and changes to the ANAC's acknowledged the significant difficulties Libya faces management, structure and staffing. The processes for following the conflict and took note of the strong the certification and the continuous surveillance of air commitment by the Minister to put in place a process carriers have also been updated and will become of reconstruction. The Commission encourages the LCAA applicable in the near future. to continue with their open and constructive dialogue established with the Commission since the end of the recent conflict. However, should the LCAA fail to enforce the restrictions they have announced, the Commission will be compelled to take immediate safeguard measures in accordance with Art. 5(1) of Regu (35) Whilst recognising that Mauritania still has work to do to lation (EC) No 2111/2005 of the European Parliament address all findings, ICAO informed that Mauritania's and of the Council. commitment to resolve the safety deficiencies identified during the audit conducted in 2008 is to be commended. The State has provided regular updates of its corrective action plan and significant progress is reported by the (31) The aviation safety situation in Libya will be reviewed by State. The ICAO Coordinated Validation Mission (ICVM) the Air Safety Committee in its meeting scheduled for scheduled in May 2012 will be an important step to November 2012 where the effectiveness of actions validate the progress made. undertaken by the competent authorities of Libya will be assessed.

Air carriers from the Islamic Republic of Mauritania (36) The Commission welcomes the progress reported by the competent authorities of Mauritania in the rectification of (32) Air carriers certified in Mauritania have been listed in the deficiencies identified by ICAO and encourages these Annex A since November 2010 ( 1). The competent authorities to pursue their actions with determination in due cooperation with ICAO. The Air Safety Committee ( 1 ) Recitals (43) to (51) of Regulation (EU) No 1071/2010 of will reassess the situation depending on the results of the 22 November 2010, OJ L 306, 23.11.2010, p. 49. ICAO Coordinated Validation Mission. 4.4.2012 EN Official Journal of the European Union L 98/17

Pakistan International Airways authorities of the Philippines (CAAP) informed of the issuance of new Air Operator Certificates to the air (37) The Commission has continued its consultations with the carriers Aero Equipment Aviation Inc, AirAsia Philippines Competent Authority of Pakistan (PCAA) and Pakistan Certeza Infosys Corp., Mid-Sea Express, Southern Air International Airways (PIA), and met with them on Flight Services, NorthSky Air Inc., Island Helicopter 20 February 2012 to review their progress in taking Services. The CAAP did not respond adequately to the actions described in their Corrective Action Plans requests for information by the Commission, failing in (CAP). particular to provide the AOC of these air carriers together with the complete operations specifications; the CAAP also failed to demonstrate that the certification and continuous oversight of these air carriers comply (38) The PCAA reported and provided evidence that they had fully with the applicable international safety standards. increased the level of oversight of PIA, had taken regu Therefore, on the basis of the common criteria, it is latory action in suspending some Maintenance Licences, assessed that these air carriers should be equally and had demanded significant changes to PIA's Quality included in Annex A. Management System. They reported on the successful outcome of the ICAO audit in June 2011 and explained their plans to adopt new regulations reflecting EASA Part 145 rules. (43) Several fatal accidents were reported involving air carriers certified in the Philippines since the last Air Safety (39) PIA reported that the actions detailed in their corrective Committee. On 10 December 2011, an aircraft of type action plan were now complete, except for in-depth Beechcraft 65-80 with registration mark RP-C824 checks of four aircraft which were currently undergoing operated by Aviation Technology Innovator crashed maintenance. They confirmed that an extensive training into the Felixberto Serrano Elementary School near programme was now underway and would continue. Manila, leading to the total loss of the aircraft as well as at least 14 fatalities; the CAAP did not respond to requests for information by the Commission on the preliminary findings of the accident investigation; the (40) EASA informed the Air Safety Committee that the CAAP simply reported that the AOC was "inactive/sur findings of SAFA inspections of PIA aircraft had led to rendered" without however stating since when nor an opening of the procedure for the suspension of the providing the related evidence. Another fatal accident EASA Part 145 maintenance organisation approval on occurred on 4 March 2012, involving an aircraft of 11 November 2011. Whilst EASA noted that the type Cessna 172S registered RP-C209 operated by Avia corrective action plan of PIA appeared to identify the Tours, leading to the total loss of the aircraft and two relevant safety issues they were unable to rely upon the fatalities; although the CAAP provided preliminary PCAA to effectively monitor the performance of PIA’s information on the accident, the validity of the AOC maintenance standards and EASA had no option but to could not be ascertained as the preliminary accident suspend the EASA Part-145 approval on 6 March 2012. report indicates the AOC is valid until 14 August 2012 whilst the information provided by the CAAP reveals that the AOC had expired on 14 February 2012.

(41) The Commission noted the progress made by both the PCAA and PIA in addressing the identified safety concerns, but confirmed that, should any significant event occur which gave rise to renewed concerns, then (44) The CAAP informed that several operators have an action to contain the safety risk would need to be taken. "inactive/surrendered" AOC or were recertified under Member States shall therefore continue to verify the PCAR Part-11 intended for aerial work. However, the effective compliance with relevant safety standards CAAP failed to provide evidence that the corresponding through the prioritisation of ramp inspections to be AOC had been revoked and evidence that these operators carried out on aircraft of this carrier pursuant to were no longer involved in commercial air transport. Commission Regulation (EC) No 351/2008 of 16 April Therefore, on the basis of the common criteria, it is 2008 implementing Directive 2004/36/EC of the assessed that these operators should remain in Annex A. European Parliament and of the Council as regards the prioritisation of ramp inspections on aircraft using Community airports ( 1).

(45) The U.S. Federal Aviation Administration (FAA) carried Air carriers from the Republic of the Philippines out in January 2012 a one-week technical review in the Philippines in order to assess the progress of the CAAP (42) Air carriers certified in the Philippines have been listed in towards compliance with international safety standards. Annex A since 31 March 2010 ( 2). The competent The CAAP failed to provide detailed information on the outcome of this review. However, no change has been

( 1 ) OJ L 109, 19.4.2008, p. 7. noticed in the FAA assessment of the Philippines, which ( 2 ) Recitals (74) to (87) of Regulation (EU) No 273/2010 of 30 March remain in category 2 so far, i.e. not compliant with 2010, OJ L 84, 31.3.2010, p. 32. international safety standards. L 98/18 EN Official Journal of the European Union 4.4.2012

Air carriers from the Russian Federation demonstrate that it had succeeded in establishing a func tioning safety management system. The carrier was not (46) Following the Air Safety Committee held in November in a position yet to demonstrate that these investments 1 2011 ( ) where the competent authorities of Russia were operative and effective. (Russian Federal Air Transport Agency, FATA) informed and provided evidence that the operations of the air carriers Aviastar-TU, UTAir-Cargo, Tatarstan Airlines, Daghestan Airlines, Yakutia and Vim Avia (Vim Airlines) had been partially or fully restricted for safety (52) FATA informed that the operator was expected to reasons, the Commission has actively pursued the consul complete all corrective and remedial actions by 1 April tations with FATA in order to follow-up the devel 2012. Afterwards, FATA indicated it will perform an opments. inspection of the air carrier to verify whether all findings have been satisfactorily addressed in order to decide whether the current restrictions could be lifted. FATA agreed to provide to the Commission the (47) Consultation meetings were held in Brussels on progress reports on the implementation of corrective 19 December 2011 and 21 February 2012 between measures by the carrier and the results of the subsequent FATA and the Commission, EASA and certain inspection. Members of the Air Safety Committee. FATA informed about their intention to lift the restrictions imposed on part of the fleet of Tatarstan Airlines (aircraft of type Boeing B737-500, B737-400, B737-300, Tupolev 154M and Yakovlev Yak-42), Aviastar-TU (aircraft of (53) In view of the above, taking into account the effective type Tupolev Tu-204) and Yakutia (aircraft of type enforcement actions undertaken by competent authorities Boeing B757-200, B737-300 and B737-800) as FATA of Russia, it appears too early to re-assess the situation of was satisfied with the results of inspections that were this air carrier. The Commission will examine the carried out on these carriers, situation of Vim Avia in a future Air Safety Committee, based on the reports provided by the competent auth orities of Russia and on their decision regarding the continuation of the current restrictions. (48) FATA also provided evidence of further enforcement actions. In particular, the AOC of Daghestan Airlines was revoked on 19 December 2011 due to the concerns arising from the audit carried out on the air carrier. FATA also informed it had requested UTAir- Air carriers from the Bolivarian Republic of Cargo to put in place additional corrective actions Venezuela before the restrictions on its fleet could be removed. Conviasa

(54) There is verified evidence of numerous serious safety (49) In order to ensure measures undertaken by FATA lead to deficiencies on the part of the air carrier Conviasa sustainable safety improvement, Member States will certified in Venezuela. These deficiencies have been continue to verify the effective compliance of Russian identified by the competent authorities of Spain during air carriers with the relevant safety standards through ramp inspections performed under the SAFA the prioritisation of ramp inspections to be carried out programme ( 2 ). Conviasa demonstrated a lack of ability on aircraft of these carriers pursuant to Regulation (EC) to address these safety deficiencies. Conviasa did not No 351/2008 and may take measures accordingly to respond timely and adequately to all deficiencies ensure these requirements are enforced. The Commission notified by the civil aviation authority of Spain. The will continue to monitor their results. repetition of these non-compliances shows systemic safety deficiencies in the area of operations and main tenance. Vim Avia

(50) FATA confirmed that VIM AVIA remains subject to operating restrictions excluding flights into the EU (55) Conviasa has experienced several accidents, including two (landing and overflights) on its entire fleet (8 aircraft of fatal accidents, one affecting an aircraft of type ATR42 type Boeing B757-200) pending the full implementation with registration mark YV-1010 on 13 September 2010 of a corrective action plan. and one affecting an aircraft of type Boeing B737-200 with registration mark YV-102T on 30 August 2008. Results of investigations on the cause of such accidents (51) Vim Avia appeared during the aforementioned meeting have not been communicated to the Commission by the on 21 February 2012 to present the investments in competent authorities of Venezuela nor is the safety, in particular in terms of training, but failed to Commission aware of any recommendations to prevent further occurrences.

( 1 ) Recitals (36) to (49) of Commission Implementing Regulation (EU) No 1197/2011 of 21 November 2011, OJ L 303, 22.11.2011, ( 2 ) Report No AESA-E-2011-234, -326, -412, -553, -663, -715, -832, p. 19. -895 and AESA-E-2012-1. 4.4.2012 EN Official Journal of the European Union L 98/19

(56) The Commission, having regard to the above mentioned (62) The Commission, having regard to the above mentioned deficiencies, has entered in August 2011 into consul deficiencies, has entered in August 2011 in consultation tation with the competent authorities of Venezuela, with the competent authorities of Venezuela, expressing expressing serious concerns about the safety of the oper serious concerns about the safety of the operations of ations of Conviasa and asking for clarifications regarding Línea Turística Aerotuy and asking for clarifications the actions undertaken by the competent authorities as regarding the actions undertaken by the competent auth well as the carrier to respond to these deficiencies. orities as well as the carrier to respond to these defi ciencies. These authorities did not respond adequately and in a timely fashion.

(57) These authorities failed to respond timely and adequately to the enquiries by the Commission regarding the safety oversight of Conviasa, as the requested information, in (63) Línea Turística Aerotuy and the competent authorities of particular information on the progress of the accident Venezuela made presentations to the Air Safety investigation, recommendations stemming from these Committee on 21 March 2012, accompanied by investigations, the actions undertaken to address the written submissions. The air carrier provided its AOC possible causes of the accidents and the carrier’s oper together with the complete operational specifications ations specifications, requirements and restrictions attached thereto. The air carrier indicated that it had attached to the AOC, were not submitted. undertaken actions to remedy the deficiencies identified in the course of ramp inspections to the satisfaction of the competent authorities of France and provided the related evidence. The air carrier was able to provide the (58) Conviasa and the competent authorities of Venezuela requested clarifications about the abovementioned fatal made presentations to the Air Safety Committee on accident and the competent authorities provided the 21 March 2012. The air carrier indicated that it had accident report together with the related conclusions undertaken actions to enhance the internal controls, the and recommendations. The competent authorities of training and the implementation of a safety management Venezuela also stated that the recommendations system, and that further actions are considered for the stemming from the accident investigation report as well future. It stated that all findings identified in ramp as the results of ramp checks were duly taken into inspections had been responded to. The Committee account for the oversight of the air carrier. noted there was considerable on-going work between the air carrier and the competent authorities of Spain. However the air carrier failed to explain the repetition of non-compliance findings of similar nature identified in (64) The Commission and the Air Safety Committee take note subsequent inspections. The air carrier further failed to of the reactivity of the air carrier and its transparency in provide any information on the causes of the above addressing the identified safety deficiencies. Member mentioned fatal accidents and the actions undertaken States will however continue to verify the effective to prevent their recurrence. The air carrier also failed to compliance of the air carrier with the relevant safety present basic information about the fleet it operates and standards through the prioritisation of ramp inspections did not provide the operations specifications, to be carried out on aircraft of these carriers pursuant to requirements and restrictions attached to its AOC. Regulation (EC) No 351/2008 and may take measures accordingly to ensure these requirements are enforced.

(59) In view of the above, on the basis of the common criteria, it is assessed that Conviasa does not meet the relevant safety standards and should therefore be Estelar Latinoamérica included in Annex A. (65) There is verified evidence of safety deficiencies on the part of the air carrier Estelar Latinoamérica certified in Venezuela. These deficiencies have been identified by France during ramp inspections performed under the Línea Turística Aerotuy SAFA programme ( 2). (60) There is verified evidence of safety deficiencies on the part of the air carrier Línea Turística Aerotuy certified in Venezuela. These deficiencies have been identified by France during ramp inspections performed under the (66) The Commission, having regard to those deficiencies, has SAFA programme ( 1). entered in August 2011 in consultation with the competent authorities of Venezuela, expressing serious concerns about the safety of the operations of Estelar Latinoamerica and asking for clarifications regarding the (61) Línea Turística Aerotuy has experienced several accidents, actions undertaken by the competent authorities as well including one fatal accident involving an aircraft of type as the carrier to respond to these deficiencies. These Cessna 208B with registration mark YV-1181 on authorities did not respond adequately and in a timely 17 April 2009. fashion.

( 1 ) Report No DGAC/F-2011-663, -972, -1159, -2385, -2636. ( 2 ) Report No DGAC/F-2011-632, -990, -1636, -1863, -2332. L 98/20 EN Official Journal of the European Union 4.4.2012

(67) Estelar Latinoamerica and the competent authorities of of these air carriers has been communicated to the Venezuela made presentations to the Air Safety Commission so far. Therefore, on the basis of the Committee on 21 March 2012 accompanied by written common criteria, it is assessed that these air carriers submissions. The air carrier provided its AOC together should continue to be subject to an operating ban with the complete operational specifications attached (Annex A) or operating restrictions (Annex B), as the thereto. The air carrier indicated that it had undertaken case may be. actions to remedy the deficiencies identified in the course of ramp inspections to the satisfaction of the competent authorities of France and provided the related evidence. (70) The measures provided for in this Regulation are in The competent authorities indicated that they were accordance with the opinion of the Air Safety ensuring that the results of ramp checks were duly Committee, taken into account for the oversight of the air carrier. HAS ADOPTED THIS REGULATION: (68) The Commission and the Air Safety Committee take note of the reactivity of the air carrier and its transparency in addressing the identified safety deficiencies. Member Article 1 States will however continue to verify the effective Regulation (EC) No 474/2006 is amended as follows: compliance of the air carrier with the relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of these carriers pursuant to 1. Annex A is replaced by the text set out in Annex A to this Regulation (EC) No 351/2008 and may take measures Regulation. accordingly to ensure these requirements are enforced.

2. Annex B is replaced by the text set out in Annex B to this General considerations concerning the other carriers Regulation. included in Annexes A and B

(69) No evidence of the full implementation of appropriate Article 2 remedial actions by the other air carriers included in the Community list updated on 21 November 2011 and by This Regulation shall enter into force on the day following that the authorities with responsibility for regulatory oversight of its publication in the Official Journal of the European Union.

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

Done at Brussels, 3 April 2012.

For the Commission, On behalf of the President, Siim KALLAS Vice-President 4.4.2012 EN Official Journal of the European Union L 98/21

ANNEX A

LIST OF AIR CARRIERS OF WHICH ALL OPERATIONS ARE SUBJECT TO A BAN WITHIN THE EU ( 1 )

Air Operator Certificate Name of the legal entity of the air carrier as indicated on its AOC ICAO airline designation (AOC) Number or Operating State of the Operator (and its trading name, if different) number Licence Number

BLUE WING AIRLINES SRBWA-01/2002 BWI Suriname

CONSORCIO VENEZOLANO DE INDUSTRIAS AERO VCV-DB-10 VCV Bolivarian Republic of Venezuela NAUTICAS Y SERVICIOS AEREOS, S.A. ‘CONVIASA’

MERIDIAN AIRWAYS LTD AOC 023 MAG Republic of Ghana

ROLLINS AIR HR-005 RAV Honduras

SILVERBACK CARGO FREIGHTERS Unknown VRB Republic of Rwanda

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

ARIANA AFGHAN AIRLINES AOC 009 AFG Islamic Republic of Afghanistan

KAM AIR AOC 001 KMF Islamic Republic of Afghanistan

PAMIR AIRLINES Unknown PIR Islamic Republic of Afghanistan

SAFI AIRWAYS AOC 181 SFW Islamic Republic of Afghanistan

All air carriers certified by the authorities with Republic of Angola responsibility for regulatory oversight of Angola, with the exception of TAAG Angola Airlines put in Annex B, including

AEROJET AO 008-01/11 Unknown Republic of Angola

AIR26 AO 003-01/11-DCD DCD Republic of Angola

AIR GICANGO 009 Unknown Republic of Angola

AIR JET AO 006-01/11-MBC MBC Republic of Angola

AIR NAVE 017 Unknown Republic of Angola

ANGOLA AIR SERVICES 006 Unknown Republic of Angola

DIEXIM 007 Unknown Republic of Angola

FLY540 AO 004-01 FLYA Unknown Republic of Angola

GIRA GLOBO 008 GGL Republic of Angola

HELIANG 010 Unknown Republic of Angola

HELIMALONGO AO 005-01/11 Unknown Republic of Angola

______(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. L 98/22 EN Official Journal of the European Union 4.4.2012

MAVEWA 016 Unknown Republic of Angola

SONAIR AO 002-01/10-SOR SOR Republic of Angola

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

AERO BENIN PEA No AEB Republic of Benin 014/MDCTTTATP-PR/ ANAC/DEA/SCS

AFRICA AIRWAYS Unknown AFF Republic of Benin

ALAFIA JET PEA No 014/ANAC/ N/A Republic of Benin MDCTTTATP-PR/ DEA/SCS

BENIN GOLF AIR PEA No 012/MDCTTP- BGL Republic of Benin PR/ANAC/DEA/SCS.

BENIN LITTORAL AIRWAYS PEA No LTL Republic of Benin 013/MDCTTTATP-PR/ ANAC/DEA/SCS.

COTAIR PEA No COB Republic of Benin 015/MDCTTTATP-PR/ ANAC/DEA/SCS.

ROYAL AIR PEA No 11/ANAC/ BNR Republic of Benin MDCTTP-PR/DEA/SCS

TRANS AIR BENIN PEA No TNB Republic of Benin 016/MDCTTTATP-PR/ ANAC/DEA/SCS

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

AERO SERVICE RAC06-002 RSR Republic of Congo

EQUAFLIGHT SERVICES RAC 06-003 EKA Republic of Congo

SOCIETE NOUVELLE AIR CONGO RAC 06-004 Unknown Republic of Congo

TRANS AIR CONGO RAC 06-001 Unknown Republic of Congo

EQUATORIAL CONGO AIRLINES S.A. RAC 06-014 Unknown Republic of Congo

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

AFRICAN AIR SERVICES COMMUTER 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 051/09

AIR KASAI 409/CAB/MIN/ TVC/ Unknown Democratic Republic of Congo (RDC) 036/08

AIR KATANGA 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 031/08 4.4.2012 EN Official Journal of the European Union L 98/23

AIR TROPIQUES 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 029/08

BLUE AIRLINES 409/CAB/MIN/TVC/ BUL Democratic Republic of Congo (RDC) 028/08

BRAVO AIR CONGO 409/CAB/MIN/TC/ BRV Democratic Republic of Congo (RDC) 0090/2006

BUSINESS AVIATION 409/CAB/MIN/TVC/ ABB Democratic Republic of Congo (RDC) 048/09

BUSY BEE CONGO 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 052/09

CETRACA AVIATION SERVICE 409/CAB/MIN/TVC/ CER Democratic Republic of Congo (RDC) 026/08

CHC STELLAVIA 409/CAB/MIN/TC/ Unknown Democratic Republic of Congo (RDC) 0050/2006

CONGO EXPRESS 409/CAB/MIN/TVC/ EXY Democratic Republic of Congo (RDC) 083/2009

COMPAGNIE AFRICAINE D’AVIATION (CAA) 409/CAB/MIN/TVC/ CAA Democratic Republic of Congo (RDC) 035/08

DOREN AIR CONGO 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 0032/08

ENTREPRISE WORLD AIRWAYS (EWA) 409/CAB/MIN/TVC/ EWS Democratic Republic of Congo (RDC) 003/08

FILAIR 409/CAB/MIN/TVC/ FIL Democratic Republic of Congo (RDC) 037/08

GALAXY KAVATSI 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 027/08

GILEMBE AIR SOUTENANCE (GISAIR) 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 053/09

GOMA EXPRESS 409/CAB/MIN/TC/ Unknown Democratic Republic of Congo (RDC) 0051/2006

GOMAIR 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 045/09

HEWA BORA AIRWAYS (HBA) 409/CAB/MIN/TVC/ ALX Democratic Republic of Congo (RDC) 038/08

INTERNATIONAL TRANS AIR BUSINESS (ITAB) 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 033/08

JET CONGO AIRWAYS Unknown Unknown Democratic Republic of Congo (RDC)

KIN AVIA 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 042/09

KORONGO AIRLINES 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 001/2011 L 98/24 EN Official Journal of the European Union 4.4.2012

LIGNES AÉRIENNES CONGOLAISES (LAC) Ministerial signature LCG Democratic Republic of Congo (RDC) (ordonnance No. 78/205)

MALU AVIATION 409/CAB/MIN/ Unknown Democratic Republic of Congo (RDC) TVC/04008

MANGO AVIATION 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 034/08

SAFE AIR COMPANY 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 025/08

SERVICES AIR 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 030/08

STELLAR AIRWAYS AAC/DG/DTA/TM/ Unknown Democratic Republic of Congo (RDC) 787/2011

SWALA AVIATION 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 050/09

TMK AIR COMMUTER 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 044/09

TRACEP CONGO AVIATION 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 046/09

TRANS AIR CARGO SERVICES 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 024/08

WIMBI DIRA AIRWAYS 409/CAB/MIN/TVC/ WDA Democratic Republic of Congo (RDC) 039/08

ZAABU INTERNATIONAL 409/CAB/MIN/TVC/ Unknown Democratic Republic of Congo (RDC) 049/09

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

DAALLO AIRLINES Unknown DAO Djibouti

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

CRONOS AIRLINES 2011/0004/MTTCT/ Unknown Equatorial Guinea DGAC/SOPS

CEIBA INTERCONTINENTAL 2011/0001/MTTCT/ CEL Equatorial Guinea DGAC/SOPS

PUNTO AZUL 2012/0006/MTTCT/ Unknown Equatorial Guinea DGAC/SOPS

All air carriers certified by the authorities with Republic of Indonesia responsibility for regulatory oversight of Indonesia, with the exception of Garuda Indonesia, Airfast Indonesia, Mandala Airlines, Ekspres Transportasi Antarbenua, Indonesia Air Asia and Metro Batavia, including

AIR PACIFIC UTAMA 135-020 Unknown Republic of Indonesia 4.4.2012 EN Official Journal of the European Union L 98/25

ALFA TRANS DIRGANTATA 135-012 Unknown Republic of Indonesia

ASCO NUSA AIR 135-022 Unknown Republic of Indonesia

ASI PUDJIASTUTI 135-028 Unknown Republic of Indonesia

AVIASTAR MANDIRI 135-029 Unknown Republic of Indonesia

DABI AIR NUSANTARA 135-030 Unknown Republic of Indonesia

DERAYA AIR TAXI 135-013 DRY Republic of Indonesia

DERAZONA AIR SERVICE 135-010 DRZ Republic of Indonesia

DIRGANTARA AIR SERVICE 135-014 DIR Republic of Indonesia

EASTINDO 135-038 Unknown Republic of Indonesia

ENGGANG AIR SERVICE 135-045 Unknown Republic of Indonesia

ERSA EASTERN AVIATION 135-047 Unknown Republic of Indonesia

GATARI AIR SERVICE 135-018 GHS Republic of Indonesia

INDONESIA AIR TRANSPORT 121-034 IDA Republic of Indonesia

INTAN ANGKASA AIR SERVICE 135-019 Unknown Republic of Indonesia

JOHNLIN AIR TRANSPORT 135-043 Unknown Republic of Indonesia

KAL STAR 121-037 KLS Republic of Indonesia

KARTIKA AIRLINES 121-003 KAE Republic of Indonesia

KURA-KURA AVIATION 135-016 KUR Republic of Indonesia

LION MENTARI AIRLINES 121-010 LNI Republic of Indonesia

MANUNGGAL AIR SERVICE 121-020 Unknown Republic of Indonesia

MATTHEW AIR NUSANTARA 135-048 Unknown Republic of Indonesia

MERPATI NUSANTARA AIRLINES 121-002 MNA Republic of Indonesia

MIMIKA AIR 135-007 Unknown Republic of Indonesia

NATIONAL UTILITY HELICOPTER 135-011 Unknown Republic of Indonesia

NUSANTARA AIR CHARTER 121-022 Unknown Republic of Indonesia

NUSANTARA BUANA AIR 135-041 Unknown Republic of Indonesia

NYAMAN AIR 135-042 Unknown Republic of Indonesia

PELITA AIR SERVICE 121-008 PAS Republic of Indonesia

PENERBANGAN ANGKASA SEMESTA 135-026 Unknown Republic of Indonesia

PURA WISATA BARUNA 135-025 Unknown Republic of Indonesia

RIAU AIRLINES 121-016 RIU Republic of Indonesia L 98/26 EN Official Journal of the European Union 4.4.2012

SAMPOERNA AIR NUSANTARA 135-036 SAE Republic of Indonesia

SAYAP GARUDA INDAH 135-004 Unknown Republic of Indonesia

SKY AVIATION 135-044 Unknown Republic of Indonesia

SMAC 135-015 SMC Republic of Indonesia

SRIWIJAYA AIR 121-035 SJY Republic of Indonesia

SURVEI UDARA PENAS 135-006 Unknown Republic of Indonesia

SURYA AIR 135-046 Unknown Republic of Indonesia

TRANSNUSA AVIATION MANDIRI 121-048 Unknown Republic of Indonesia

TRANSWISATA PRIMA AVIATION 135-021 Unknown Republic of Indonesia

TRAVEL EXPRESS AVIATION SERVICE 121-038 XAR Republic of Indonesia

TRAVIRA UTAMA 135-009 Unknown Republic of Indonesia

TRI MG INTRA ASIA AIRLINES 121-018 TMG Republic of Indonesia

TRIGANA AIR SERVICE 121-006 TGN Republic of Indonesia

UNINDO 135-040 Unknown Republic of Indonesia

WING ABADI AIRLINES 121-012 WON Republic of Indonesia

All air carriers certified by the authorities with Republic of Kazakhstan responsibility for regulatory oversight of Kazakhstan, with the exception of Air Astana, including

AERO AIR COMPANY AK-0429-10 ILK Republic of Kazakhstan

AIR ALMATY AK-0409-09 LMY Republic of Kazakhstan

AIR TRUST AIRCOMPANY AK-0412-10 RTR Republic of Kazakhstan

AK SUNKAR AIRCOMPANY AK-0396-09 AKS Republic of Kazakhstan

ASIA CONTINENTAL AIRLINES AK-0345-08 CID Republic of Kazakhstan

ASIA WINGS AK-0390-09 AWA Republic of Kazakhstan

ATMA AIRLINES AK-0437-10 AMA Republic of Kazakhstan

AVIA-JAYNAR / AVIA-ZHAYNAR AK-0435-10 SAP Republic of Kazakhstan

BEYBARS AIRCOMPANY AK-0383-09 BBS Republic of Kazakhstan

BERKUT AIR/BEK AIR AK-0428-10 BEK Republic of Kazakhstan

BURUNDAYAVIA AIRLINES AK-0415-10 BRY Republic of Kazakhstan

COMLUX AK-0399-09 KAZ Republic of Kazakhstan

DETA AIR AK-0417-10 DET Republic of Kazakhstan

EAST WING AK-0411-09 EWZ Republic of Kazakhstan 4.4.2012 EN Official Journal of the European Union L 98/27

EASTERN EXPRESS AK-0427-10 LIS Republic of Kazakhstan

EURO-ASIA AIR AK-0384-09 EAK Republic of Kazakhstan

EURO-ASIA AIR INTERNATIONAL AK-0389-09 KZE Republic of Kazakhstan

FLY JET KZ AK-0391-09 FJK Republic of Kazakhstan

INVESTAVIA AK-0342-08 TLG Republic of Kazakhstan

IRTYSH AIR AK-0439-11 MZA Republic of Kazakhstan

JET AIRLINES AK-0419-10 SOZ Republic of Kazakhstan

JET ONE AK-0433-10 JKZ Republic of Kazakhstan

KAZAIR JET AK-0387-09 KEJ Republic of Kazakhstan

KAZAIRTRANS AIRLINE AK-0349-09 KUY Republic of Kazakhstan

KAZAIRWEST AK-0404-09 KAW Republic of Kazakhstan

KAZAVIASPAS AK-0405-09 KZS Republic of Kazakhstan

MEGA AIRLINES AK-0424-10 MGK Republic of Kazakhstan

MIRAS AK-0402-09 MIF Republic of Kazakhstan

PRIME AVIATION AK-0393-09 PKZ Republic of Kazakhstan

SAMAL AIR AK-0407-09 SAV Republic of Kazakhstan

SAYAKHAT AIRLINES AK-0426-10 SAH Republic of Kazakhstan

SEMEYAVIA AK-400-09 SMK Republic of Kazakhstan

SCAT AK-0420-10 VSV Republic of Kazakhstan

SKYBUS AK-0432-10 BYK Republic of Kazakhstan

SKYJET AK-0398-09 SEK Republic of Kazakhstan

UST-KAMENOGORSK / AIR DIVISION OF EKA AK-0440-11 UCK Republic of Kazakhstan

ZHETYSU AIRCOMPANY AK-0438-11 JTU Republic of Kazakhstan

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

AIR MANAS 17 MBB Kyrgyz Republic

ASIAN AIR 36 AZZ Kyrgyz Republic

AVIA TRAFFIC COMPANY 23 AVJ Kyrgyz Republic

AEROSTAN (EX BISTAIR-FEZ BISHKEK) 08 BSC Kyrgyz Republic

CENTRAL ASIAN AVIATION SERVICES (CAAS) 13 CBK Kyrgyz Republic

CLICK AIRWAYS 11 CGK Kyrgyz Republic L 98/28 EN Official Journal of the European Union 4.4.2012

DAMES 20 DAM Kyrgyz Republic

EASTOK AVIA 15 EEA Kyrgyz Republic

ITEK AIR 04 IKA Kyrgyz Republic

KYRGYZ TRANS AVIA 31 KTC Kyrgyz Republic

KYRGYZSTAN 03 LYN Kyrgyz Republic

KYRGYZSTAN AIRLINE Unknown KGA Kyrgyz Republic

S GROUP AVIATION 6 SGL Kyrgyz Republic

SKY WAY AIR 21 SAB Kyrgyz Republic

TRAST AERO 05 TSJ Kyrgyz Republic

VALOR AIR 07 VAC Kyrgyz Republic

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

All air carriers certified by the authorities with Republic of Gabon responsibility for regulatory oversight of the Republic of Gabon, with the exception of Gabon Airlines, Afrijet and SN2AG put in Annex B, including

AFRIC AVIATION 010/MTAC/ANAC- Unknown Republic of Gabon G/DSA

AIR SERVICES SA 004/MTAC/ANAC- RVS Republic of Gabon G/DSA

AIR TOURIST (ALLEGIANCE) 007/MTAC/ANAC- LGE Republic of Gabon G/DSA

NATIONALE ET REGIONALE TRANSPORT (NATIONALE) 008/MTAC/ANAC- NRG Republic of Gabon G/DSA

SCD AVIATION 005/MTAC/ANAC- SCY Republic of Gabon G/DSA

SKY GABON 009/MTAC/ANAC- SKG Republic of Gabon G/DSA

SOLENTA AVIATION GABON 006/MTAC/ANAC- Unknown Republic of Gabon G/DSA

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

MAURITANIA AIRLINES (MAURITANIA AIRLINES 001/2011/DG/ANAC MAI Islamic Republic of Mauritania INTERNATIONAL)

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

MOZAMBIQUE AIRLINES – LINHAS AEREAS DE MOZ-01/2010 LAM Republic of Mozambique MOÇAMBIQUE 4.4.2012 EN Official Journal of the European Union L 98/29

MOZAMBIQUE EXPRESS/MEX 02 of 2010 MXE Republic of Mozambique

TRANS AIRWAYS/KAYA AIRLINES 03 of 2010 Unknown Republic of Mozambique

HELICOPTEROS CAPITAL Unknown Unknown Republic of Mozambique

CFA MOZAMBIQUE Unknown Unknown Republic of Mozambique

UNIQUE AIR CHARTER Unknown Unknown Republic of Mozambique

AEROVISAO DE MOZAMBIQUE Unknown Unknown Republic of Mozambique

SAFARI AIR Unknown Unknown Republic of Mozambique

ETA AIR CHARTER LDA 04 of 2010 Unknown Republic of Mozambique

EMILIO AIR CHARTER LDA 05 of 2010 Unknown Republic of Mozambique

CFM-TTA SA 07 of 2010 Unknown Republic of Mozambique

AERO-SERVICOS SARL 08 of 2010 Unknown Republic of Mozambique

VR CROPSPRAYERS LDA 06 of 2010 Unknown Republic of Mozambique

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

AEROEQUIPEMENT AVIATION Unknown Unknown Republic of the Philippines

AEROMAJESTIC Unknown Unknown Republic of the Philippines

AEROWURKS AERIAL SPRAYING SERVICES 2010030 Unknown Republic of the Philippines

AIR ASIA PHILIPPINES Unknown Republic of the Philippines

AIR PHILIPPINES CORPORATION 2009006 GAP Republic of the Philippines

AIR WOLF AVIATION INC. 200911 Unknown Republic of the Philippines

AIRTRACK AGRICULTURAL CORPORATION 2010027 Unknown Republic of the Philippines

ASIA AIRCRAFT OVERSEAS PHILIPPINES INC. 4AN9800036 Unknown Republic of the Philippines

AVIATION TECHNOLOGY INNOVATORS, INC. 4AN2007005 Unknown Republic of the Philippines

AVIATOUR'S FLY'N INC. 200910 Unknown Republic of the Philippines

AYALA AVIATION CORP. 4AN9900003 Unknown Republic of the Philippines

BEACON Unknown Unknown Republic of the Philippines

BENDICE TRANSPORT MANAGEMENT INC. 4AN2008006 Unknown Republic of the Philippines

CANADIAN HELICOPTERS PHILIPPINES INC. 4AN9800025 Unknown Republic of the Philippines

CEBU PACIFIC AIR 2009002 CEB Republic of the Philippines

CERTEZA INFOSYSTEMS CORP. 2011040 Unknown Republic of the Philippines

CHEMTRAD AVIATION CORPORATION 2009018 Unknown Republic of the Philippines L 98/30 EN Official Journal of the European Union 4.4.2012

CM AERO SERVICES 20110401 Unknown Republic of the Philippines

CORPORATE AIR Unknown Unknown Republic of the Philippines

CYCLONE AIRWAYS 4AN9900008 Unknown Republic of the Philippines

FAR EAST AVIATION SERVICES 2009013 Unknown Republic of the Philippines

F.F. CRUZ AND COMPANY, INC. 2009017 Unknown Republic of the Philippines

HUMA CORPORATION 2009014 Unknown Republic of the Philippines

INAEC AVIATION CORP. 4AN2002004 Unknown Republic of the Philippines

INTERISLAND AIRLINES 2010023 Unknown Republic of the Philippines

ISLAND AVIATION 2009009 SOY Republic of the Philippines

ISLAND HELICOPTER SERVICES 2011043 SOY Republic of the Philippines

ISLAND TRANSVOYAGER 2010022 Unknown Republic of the Philippines

LION AIR, INCORPORATED 2009019 Unknown Republic of the Philippines

MACRO ASIA AIR TAXI SERVICES 2010029 Unknown Republic of the Philippines

MID-SEA EXPRESS Unknown Republic of the Philippines

MINDANAO RAINBOW AGRICULTURAL DEVEL 2009016 Unknown Republic of the Philippines OPMENT SERVICES

MISIBIS AVIATION & DEVELOPMENT CORP 2010020 Unknown Republic of the Philippines

NORTHSKY AIR INC. 2011042 Unknown Republic of the Philippines

OMNI AVIATION CORP. 2010033 Unknown Republic of the Philippines

PACIFIC EAST ASIA CARGO AIRLINES, INC. 4AS9800006 PEC Republic of the Philippines

PACIFIC AIRWAYS CORPORATION 4AN9700007 Unknown Republic of the Philippines

PACIFIC ALLIANCE CORPORATION 4AN2006001 Unknown Republic of the Philippines

PHILIPPINE AIRLINES 2009001 PAL Republic of the Philippines

PHILIPPINE AGRICULTURAL AVIATION CORP. 4AN9800015 Unknown Republic of the Philippines

ROYAL AIR CHARTER SERVICES INC. 2010024 Unknown Republic of the Philippines

ROYAL STAR AVIATION, INC. 2010021 Unknown Republic of the Philippines

SOUTH EAST ASIA AIRLINE INC. (SEAIR) 2009 004 Unknown Republic of the Philippines

SOUTHERN AIR FLIGHT SERVICES 2011045 Unknown Republic of the Philippines

SOUTHSTAR AVIATION COMPANY, INC. 4AN9800037 Unknown Republic of the Philippines

SPIRIT OF MANILA AIRLINES CORPORATION 2009008 MNP Republic of the Philippines

SUBIC INTERNATIONAL AIR CHARTER 4AN9900010 Unknown Republic of the Philippines

SUBIC SEAPLANE, INC. 4AN2000002 Unknown Republic of the Philippines 4.4.2012 EN Official Journal of the European Union L 98/31

TOPFLITE AIRWAYS, INC. 4AN9900012 Unknown Republic of the Philippines

TRANSGLOBAL AIRWAYS CORPORATION 2009007 TCU Republic of the Philippines

WORLD AVIATION, CORP. Unknown Unknown Republic of the Philippines

WCC AVIATION COMPANY 2009015 Unknown Republic of the Philippines

YOKOTA AVIATION, INC. Unknown Unknown Republic of the Philippines

ZENITH AIR, INC. 2009012 Unknown Republic of the Philippines

ZEST AIRWAYS INCORPORATED 2009003 RIT Republic of the Philippines

All air carriers certified by the authorities with Sao Tome and Principe responsibility for regulatory oversight of Sao Tome and Principe, including

AFRICA CONNECTION 10/AOC/2008 Unknown Sao Tome and Principe

BRITISH GULF INTERNATIONAL COMPANY LTD 01/AOC/2007 BGI Sao Tome and Principe

EXECUTIVE JET SERVICES 03/AOC/2006 EJZ Sao Tome and Principe

GLOBAL AVIATION OPERATION 04/AOC/2006 Unknown Sao Tome and Principe

GOLIAF AIR 05/AOC/2001 GLE Sao Tome and Principe

ISLAND OIL EXPLORATION 01/AOC/2008 Unknown Sao Tome and Principe

STP AIRWAYS 03/AOC/2006 STP Sao Tome and Principe

TRANSAFRIK INTERNATIONAL LTD 02/AOC/2002 TFK Sao Tome and Principe

TRANSCARG 01/AOC/2009 Unknown Sao Tome and Principe

TRANSLIZ AVIATION (TMS) 02/AOC/2007 TMS Sao Tome and Principe

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

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 Republic of Sudan responsibility for regulatory oversight of Sudan, including

ALFA AIRLINES 054 AAJ Republic of the Sudan L 98/32 EN Official Journal of the European Union 4.4.2012

ALMAJAL AVIATION SERVICE 015 MGG Republic of the Sudan

ALMAJARA AVIATION Unknown MJA Republic of the Sudan

ATTICO AIRLINES (TRANS ATTICO) 023 ETC Republic of the Sudan

AZZA TRANSPORT COMPANY 012 AZZ Republic of the Sudan

BADER AIRLINES 035 BDR Republic of the Sudan

FOURTY EIGHT AVIATION 054 WHB Republic of the Sudan

GREEN FLAG AVIATION 017 Unkown Republic of the Sudan

MARSLAND COMPANY 040 MSL Republic of the Sudan

NOVA AIRLINES 001 NOV Republic of the Sudan

SUDAN AIRWAYS Unknown SUD Republic of the Sudan

SUDANESE STATES AVIATION COMPANY 010 SNV Republic of the Sudan

SUN AIR COMPANY 051 SNR Republic of the Sudan

TARCO AIRLINES 056 Unknown Republic of the Sudan

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

SWAZILAND AIRLINK Unknown SZL Swaziland

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

ZAMBEZI AIRLINES Z/AOC/001/2009 ZMA Zambia 4.4.2012 EN Official Journal of the European Union L 98/33

ANNEX B

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

Name of the legal Registration mark(s) and, entity of the air carrier ICAO airline Air Operator Certificate when available, as indicated on its designation State of the Operator Aircraft type restricted State of registry (AOC) Number construction serial AOC (and its trading number number(s) name, if different)

AIR KORYO GAC-AOC/KOR-01 KOR DPRK All fleet with the All fleet with the DPRK exception of: 2 exception of: aircraft of type P-632, P-633 TU- 204

AFRIJET ( 1 ) 002/MTAC/ANAC- ABS Republic of Gabon All fleet with the All fleet with the Republic of Gabon G/DSA exception of: 2 exception of: TR-LGV; aircraft of type TR-LGY; TR-AFJ; Falcon 50, 2 TR-AFR aircraft of type Falcon 900

AIR ASTANA ( 2) AK-0388-09 KZR Kazakhstan All fleet with the All fleet with the Aruba (Kingdom of exception of: 2 exception of: P4-KCA, the Netherlands) aircraft of type B- P4-KCB, 767, 4 aircraft of P4-EAS, P4-FAS, type B-757, 10 P4-GAS, P4-MAS; aircraft of type P4-NAS, P4-OAS, A319/320/321, 5 P4-PAS, P4-SAS, aircraft of type P4-TAS, P4-UAS, Fokker 50 P4-VAS, P4-WAS, P4-YAS, P4-XAS; P4-HAS, P4-IAS, P4-JAS, P4-KAS, P4-LAS

AIRLIFT AOC 017 ALE Republic of Ghana All fleet with the All fleet with the Republic of Ghana INTERNATIONAL exception of: 2 exception of: 9G-TOP (GH) LTD aircraft of type and 9G-RAC DC8-63F

AIR 5R-M01/2009 MDG Madagascar All fleet with the All fleet with the Republic of MADAGASCAR exception of: 2 exception of: Madagascar aircraft of type 5R-MFH, 5R-MFI, Boeing B-737- 5R-MJE, 5R-MJF, 300, 2 aircraft of 5R-MJG, 5R-MVT, type ATR 72-500, 5R-MGC, 5R-MGD, 1 aircraft of type 5R-MGF ATR 42-500, 1 aircraft of type ATR 42-320 and 3 aircraft of type DHC 6-300

AIR SERVICE 06-819/TA- KMD Comoros All fleet with the All fleet with the Comoros COMORES 15/DGACM exception of: LET exception of: 410 UVP D6-CAM (851336)

______(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. L 98/34 EN Official Journal of the European Union 4.4.2012

GABON 001/MTAC/ANAC GBK Republic of Gabon All fleet with the All fleet with the Republic of Gabon AIRLINES ( 3 ) exception of: 1 exception of: TR-LHP aircraft of type Boeing B-767-200

IRAN AIR ( 4 ) FS100 IRA Islamic Republic All fleet with the All fleet with the Islamic Republic of of Iran exception of: 14 exception of: Iran aircraft of type A- EP-IBA 300, 8 aircraft of type A-310, 1 EP-IBB aircraft B-737 EP-IBC EP-IBD EP-IBG EP-IBH EP-IBI EP-IBJ EP-IBM EP-IBN EP-IBO EP-IBS EP-IBT EP-IBV EP-IBX EP-IBZ EP-ICE EP-ICF EP-IBK EP-IBL EP-IBP EP-IBQ EP-AGA

JORDAN C002 JAV Hashemite All fleet with the All fleet with the Hashemite AVIATION Kingdom of exception of: 8 exception of: Kingdom of Jordan Jordan aircraft of type JY-JAB Boeing B-737, 2 aircraft of type JY-JAD Airbus A-310, 1 JY-JAN aircraft of type JY-JAO Airbus A-320 JY-JAX JY-JAY JY-JAP JY-JAQ JY-JAV JY-JAH JY-JAC

NOUVELLE AIR 003/MTAC/ANAC- NVS Republic of Gabon All fleet with the All fleet with the Republic of Gabon; AFFAIRES GABON G/DSA exception of: 1 exception of: Republic of South (SN2AG) aircraft of type TR-AAG, ZS-AFG Africa Challenger CL- 601, 1 aircraft of type HS-125-800 4.4.2012 EN Official Journal of the European Union L 98/35

TAAG ANGOLA 001 DTA Republic of All fleet with the All fleet with the Republic of Angola AIRLINES Angola exception of: 5 exception of: aircraft of type D2-TED, D2-TEE, Boeing B-777 and D2-TEF, D2-TEG, 4 aircraft of type D2-TEH, D2-TBF, Boeing B-737-700 D2-TBG, D2-TBH, D2-TBJ

(1 ) Afrijet is only allowed to use the specific aircraft mentioned for its current operations within the European Union. (2 ) Air Astana is only allowed to use the specific aircraft mentioned for its current operations within the European Union. (3 ) Gabon Airlines is only allowed to use the specific aircraft mentioned for its current operations within the European Community. (4 ) Iran Air is allowed to operate to the European Union using the specific aircraft under the conditions set out in recital (69) Regulation (EU) No 590/2010, OJ L 170, 6.7.2010, p.15.