Commission Implementing Regulation (EU) 2016/963 of 16 June 2016 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are subject to an operating ban within the Union (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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 passengers of the identity of the operating carrier, and repealing Article 9 of Directive 2004/36/EC (1), and in particular Article 4(2) thereof,

Whereas:

(1) Commission Regulation (EC) No 474/2006 (2) established the 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.

(2) In accordance with Article 4(3) of Regulation (EC) No 2111/2005, certain Member States and the European Aviation Safety Agency (‘EASA’) communicated to the Commission information that is relevant in the context of updating that list. Relevant information was also communicated by third countries and international organisations. On the basis of that information, the list should be updated.

(3) The Commission informed all air carriers concerned, either directly or through the authorities responsible for their regulatory oversight, about the essential facts and considerations which would form the basis for a decision to impose an operating ban on them within the Union or to modify the conditions of an operating ban imposed on an air carrier which is included in the list.

(4) The Commission gave the air carriers concerned the opportunity to consult the documents provided by the Member States, to submit written comments and to make an oral presentation to the Commission and to the Committee established by Council Regulation (EEC) No 3922/1991 (3) (‘Air Safety Committee’).

(5) The Commission has updated the Air Safety Committee on the on-going joint consultations, in the framework of Regulation (EC) No 2111/2005 and Commission Regulation (EC) No 473/2006 (4), with the competent authorities and air carriers of Angola, Botswana, Georgia, the Republic of Guinea, India, Indonesia, Iran, Kazakhstan, Madagascar, Mozambique, Sudan, Taiwan, Thailand and Zambia. The Commission also provided information to the Air Safety Committee on the aviation safety situation in Afghanistan, Iraq, Kyrgyz Republic, Lebanon, Nepal, Pakistan, Ukraine and Zimbabwe and on the technical consultations with the Russian Federation.

(6) EASA presented to the Commission and the Air Safety Committee the results of the analysis of audit reports carried out by the International Civil Aviation Organisation (‘ICAO’) in the framework of ICAO's Universal Safety Oversight Audit Programme. In this context, Member States were invited to prioritise ramp inspections on air carriers licensed by states in respect of which Significant Safety Concerns (‘SSC’) have been identified by ICAO or in respect of which EASA concluded that there are significant deficiencies in the safety oversight system. In addition to the consultations undertaken by the Commission under Regulation (EC) No 2111/2005, the prioritisation of ramp inspections will allow the acquisition of further information regarding the safety performance of the air carriers licensed in those states.

(7) EASA also informed the Commission and the Air Safety Committee of the results of the analysis of ramp inspections carried out under the Safety Assessment of Foreign Aircraft programme (‘SAFA’) in accordance with Commission Regulation (EU) No 965/2012 (5).

(8) In addition, EASA informed the Commission and the Air Safety Committee about the technical assistance projects carried out in states affected by measures or monitoring under Regulation (EC) No 2111/2005. It provided information on the plans and requests for further technical assistance and cooperation to improve the administrative and technical capability of civil aviation authorities, with a view to helping resolve any non-compliance with applicable international civil aviation standards. Member States were invited to respond to such requests on a bilateral basis, in coordination with the Commission and EASA. In this regard, the Commission underlined the usefulness of providing information to the international aviation community, particularly through ICAO's Safety Collaborative Assistance Network (‘SCAN’) database, on technical assistance provided by the Union and its Member States to improve aviation safety around the world.

(9) Eurocontrol provided the Commission and the Air Safety Committee with an update on the status of the SAFA alarming function and on the current statistics for alert messages for banned air carriers.

Union air carriers

(10) Following the analysis by EASA of information resulting from ramp inspections carried out on aircraft of Union air carriers or from standardisation inspections carried out by EASA, as well as specific inspections and audits carried out by national aviation authorities, several Member States have taken certain enforcement measures and informed the Commission and the Air Safety Committee about those measures. Norway informed the Commission and the Air Safety Committee about actions it had taken with regard to the air carrier Airwing A/S.

(11) Member States reiterated their readiness to act as necessary should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance by Union air carriers with the appropriate safety standards.

Air carriers from Angola

(12) Regulation (EC) No 474/2006 allows air carrier TAAG Angola Airlines, certified in Angola, to operate into the Union four aircraft of type Boeing 737-700 with registration marks D2-TBF, D2-TBG, D2-TBH and D2-TBJ, three aircraft of type Boeing 777-200 with registration marks D2-TED, D2-TEE and D2-TEF, and three aircraft of type Boeing 777-300 with registration marks D2-TEG, D2-TEH and D2-TEI.

(13) TAAG Angola Airlines has submitted on 25 April 2016, through the competent authorities of Angola, the Instituto Nacional da Aviação Civil (‘INAVIC’), a request to add a new aircraft of type Boeing 777-300, with registration mark D2-TEJ, and a new aircraft of type Boeing 737-700, with registration mark D2-TBK, to Annex В to Regulation (EC) No 474/2006.

(14) In the context of its third country operator authorisation under Commission Regulation (EU) No 452/2014 (6), TAAG Angola Airlines has been engaged in a continuous dialogue with EASA since November 2014 and has been supplying factual and detailed data on their fleet of aircraft and operations. This process culminated in a TCO on-site audit which took place from 1 to 3 February 2016. The audit team raised a limited number of level-2 findings and one observation pursuant to Part-TCO. TAAG Angola Airlines has submitted a corrective action plan to EASA, which was accepted, and the findings are being resolved.

(15) The continuous dialogue that has been established with TAAG Angola Airlines, the detailed and accurate data that TAAG Angola Airlines provided on its fleet and its operations, as well as the positive outcome of the TCO on-site audit, all indicate that TAAG Angola Airlines is capable of operating its Boeing 737-700, Boeing 777-200 and 777-300 aircraft in accordance with international safety standards. Therefore, the Commission considers it appropriate, in addition to granting the request from TAAG Angola Airlines, to partially alleviate the current ban, by allowing TAAG Angola Airlines to operate into the Union with any aircraft of the types Boeing 737-700, Boeing 777-200 and Boeing 777-300 in its fleet.

(16) In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the list of air carriers which are subject to an operating ban within the Union should be amended to include all aircraft of type Boeing 737-700 as well as all aircraft of type Boeing 777-200 and 777-300 of TAAG Angola Airlines in Annex B to Regulation (EC) No 474/2006 as aircraft which are allowed to operate into the Union.

(17) Member States are to continue to verify effective compliance by TAAG Angola Airlines with the relevant safety standards, through the prioritisation of ramp inspections to be carried out on aircraft of this air carrier, pursuant to Regulation (EU) No 965/2012.

Air carriers from Botswana

(18) The Civil Aviation Authority of Botswana (‘CAAB’) provided information on the progress of the resolution of the SSCs and other ICAO findings in a letter of 23 December 2015 to the Commission. The results of the ICAO Coordinated Validation Mission are an improvement of the effective implementation of international safety standards up to 71 %. Based on this result, ICAO confirmed on 31 December 2015 that both SSCs have been resolved. The CAAB has provided additional information on the safety oversight on air carriers certified in Botswana.

(19) The improved implementation of international safety standards and the available safety information show a strong development of the CAAB and do not indicate that there are remaining negative trends relating to the safety of air carriers certified in Botswana which would form a reason for concern from an aviation safety perspective.

(20) In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that there are at this stage no grounds for amending the list of air carriers which are subject to an operating ban within the Union by including air carriers from Botswana.

Air carriers from Georgia

(21) ICAO reviewed in April 2016 the corrective actions taken by the Civil Aviation Authority of Georgia (‘GCAA’) to address the SSC regarding the certification process for the issuance of air operator certificates. That SSC was identified during the ICAO Coordinated Validation Mission of October 2013. On the basis of that review, ICAO determined that the corrective actions taken by the GCAA had successfully resolved the SSC.

(22) The improved implementation of international safety standards and the available safety information show a strong commitment of the GCAA towards resolving safety deficiencies and do not indicate that there are remaining negative trends relating to the safety of air carriers certified in Georgia which would form a reason for concern from an aviation safety perspective.

(23) In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that there are at this stage no grounds for amending the list of air carriers which are subject to an operating ban within the Union by including air carriers from Georgia.

Air carriers from the Republic of Guinea

(24) As agreed in the technical meeting with the Commission, held in Brussels in January 2013, the competent authorities of the Republic of Guinea, the Direction nationale de l'aviation civile (‘DNAC’), have regularly provided the Commission with information on the on-going implementation of the corrective action plan, which was approved by ICAO in December 2012, as well as on all the activities linked to it.

(25) The latest progress report submitted by DNAC, received by the Commission on 3 May 2016, describes the most recent activities and developments regarding the implementation of the corrective action plan, which currently focusses on inspector training in the areas of operations, airworthiness, personnel licensing and aerodromes, the continuation of the certification process of the air carriers and the surveillance programme. The full ICAO-compliant (5-phase) certification of the air carrier Konair Guinée has been concluded and that air carrier obtained its Air Operator Certificate (‘AOC’) on 17 September 2015 (AOC no. 03/DNAC/2015). Three other air carriers, namely Sahel Aviation Service Guinée, Fly Nimba Airlines and Ijet Aviation, continue their certification process. According to DNAC, a surveillance programme has been prepared and implemented.

(26) An ICAO Coordinated Validation Mission is planned to take place from 23 to 29 November 2016.

(27) The gradual implementation of the corrective action plan, in accordance with what was approved by ICAO in December 2012, and the available safety information do not justify, at present, a decision to impose a ban or operational restrictions on air carriers certified in the Republic of Guinea. However, the Commission intends to continue to closely monitor the situation, taking account of the results of the ICAO coordinated validation mission of November 2016.

(28) In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that there are at this stage no grounds for amending the list of air carriers which are subject to an operating ban within the Union by including air carriers from the Republic of Guinea.

(29) Should any relevant safety information indicate that there are imminent safety risks as a consequence of lack of compliance with international safety standards, the Commission may be forced to take action, in accordance with Regulation (EC) No 2111/2005.

Air carriers from India

(30) On 3 May 2016, technical consultations were held between the Commission, EASA, a Member State and representatives from the Directorate-General of Civil Aviation of India (‘Indian DGCA’) and the air carrier Air India, certified in India. Those consultations were held within the context of the earlier agreement of the Indian DGCA to hold technical consultations with the Commission, in order to discuss the Indian DGCA's certification and surveillance obligations, with respect to air carriers from India that it has certified.

(31) During those consultations, the Indian DGCA provided its analysis of the performance of Indian air carriers, including Air India, under the SAFA programme. The Indian DGCA reported that it has developed a dedicated ramp inspection unit, in order to assist it with SAFA management measures. The Indian DGCA also provided data pertaining to the first quarter of 2016 resulting from its own ramp inspection activity. In addition, the Indian DGCA provided specific detail with respect to surveillance activity it conducts on certain Indian air carriers. The data presented included an overview of surveillance activity conducted during 2015. Furthermore, the Indian DGCA provided an update of sustainability initiatives it has been taking. These initiatives included recruitment and training of qualified staff, database management development and an update on re-certification tasking.

(32) Air India provided detail with respect to its safety and quality management system. Air India also presented flight safety analysis data for 2015, as well as its approach to the dissemination of flight safety information and its SAFA management programme. The SAFA data presented by Air India included its own in-depth analysis of SAFA activity that it has been subjected to. In this regard, Air India provided an overview of its internal processes and procedures, including details with respect to root cause analysis and the resulting mitigating measures that it has implemented. Furthermore, Air India reported that it interacts with the Indian DGCA on a regular basis, including in relation to its SAFA management measures.

(33) In letters dated 24 May 2016, the Commission reiterated to the Indian DGCA a number of messages, including that it must continue to monitor closely the SAFA performance of Indian air carriers. The Commission also indicated to Air India that it had taken note of the SAFA management measures that Air India has implemented, but indicated that those measures must bring consistent and sustainable improvements under the SAFA programme. In addition, the Commission reiterated both to the Indian DGCA and to Air India the responsibility that EASA has pursuant to Commission Regulation (EU) No 452/2014 to conduct safety assessments of third country operators and that performance under the SAFA programme is one of the key elements which EASA takes into account when conducting those assessments.

(34) The Commission takes note of the information provided by the Indian DGCA and Air India. It is considered that, on the basis of all available information, including the details provided by both the Indian DGCA and Air India at the technical consultation meeting of 3 May 2016, as well as the preliminary results stemming from the recent audit by EASA of Air India in the framework of Commission Regulation (EU) No 452/2014, there are at this stage no grounds for imposing a ban or operational restrictions on air carriers certified in India. However, further technical consultations remain necessary in order to ensure that safety-related issues can be addressed on an ongoing basis.

(35) In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that there are at this stage no grounds for amending the list of air carriers which are subject to an operating ban within the Union by including air carriers from India.

(36) The Commission intends to continue its official consultations with the Indian DGCA, pursuant to the provisions laid down in Article 3(2) of Regulation (EC) No 473/2006.

(37) Member States are to continue to verify the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on Indian air carriers, pursuant to Regulation (EU) No 965/2012.

Air carriers from Indonesia

(38) A Union on-site assessment visit to Indonesia was organised in April 2016 involving experts from the Commission, EASA and Member States. The assessment visit was conducted at the offices of the Directorate-General of Civil Aviation in Indonesia (‘Indonesian DGCA’) and at a number of air carriers certified in Indonesia, namely Citilink, Lion Air, Batik Air, Indonesia Air Asia and Aviastar Mandiri (certified under CASR-135, commuter and charter operations).

(39) The experts found that the initial certification of air carriers is carried out through the appropriate five-phase approach and sufficient coordination takes place with other departments within the Indonesian DGCA. The certification audits are documented, findings are made and follow up is requested from the air carriers, including corrective actions and root-cause analysis.

(40) The experts could determine that surveillance activities, both audits and inspections, are planned on a yearly basis and that, in general, the surveillance activities are carried out according to the plan. It was noted by the experts that a significant number of flight operations and cabin safety inspectors were recently recruited and still need to be trained on inspection methods and specific regulations. Furthermore, standardisation of the working methods of inspectors regarding reporting, communication of findings, the acceptance of corrective actions, including the root-cause analysis and the agreement on timelines for the follow-up of findings, remains necessary.

(41) The Indonesian DGCA was able to demonstrate that enforcement measures are taken. For example, the AOC of Aviastar Mandiri (certified under CASR-121, domestic, flag and supplemental air carrier operations, AOC number 121-043) was revoked due to non-compliance with the regulation on the minimum number of aircraft in the fleet.