Commission Implementing Regulation (EU) 2019/2105 of 9 December 2019 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are banned from operating or are subject to operational restrictions 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 of 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/CE (1), and in particular Article 4(2) thereof,

Whereas:

(1) Commission Regulation (EC) No 474/2006 (2) establishes the list of air carriers which are subject to an operating ban within the Union.

(2) Pursuant to Article 4(3) of Regulation (EC) No 2111/2005 certain Member States and the European Union Aviation Safety Agency (‘EASA’) communicated to the Commission information that is relevant for updating that list. Third countries and international organisations also provided relevant information. On the grounds 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 of 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 in Annex A or B to Regulation (EC) No 474/2006.

(4) The Commission gave the air carriers concerned the opportunity to consult the documents provided by Member States, to submit written comments and to make an oral presentation to the Commission and to the Committee established by Regulation (EC) No 2111/2005 (the ‘Air Safety Committee’).

(5) The Commission has informed the Air Safety Committee about the ongoing joint consultations, within the framework of Regulation (EC) No 2111/2005 and Commission Regulation (EC) No 473/2006 (3), with the competent authorities and air carriers of Armenia, Belarus, the Dominican Republic, Equatorial Guinea, Gabon, Indonesia, Moldova and Russia. The Commission also informed the Air Safety Committee about the aviation safety situation in Angola, Congo Brazzaville, Iraq, the Kyrgyz Republic, Malaysia, Nepal, Turkmenistan and Venezuela.

(6) EASA informed the Commission and the Air Safety Committee about the technical assessments conducted for the initial evaluation and the continuous monitoring of Third Country Operator (‘TCO’) authorisations, issued under the provisions of Commission Regulation (EU) No 452/2014 (4).

(7) EASA also informed the Commission and the Air Safety Committee about 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 third countries affected by an operating ban under Regulation (EC) No 474/2006. EASA provided information on the plans and requests for further technical assistance and cooperation to improve the administrative and technical capability of civil aviation authorities in third countries with a view to helping them resolve non-compliance with applicable international civil aviation safety standards. Member States were invited to respond to such requests on a bilateral basis in coordination with the Commission and EASA. In that regard, the Commission reiterated the usefulness of providing information to the international aviation community, particularly through the International Civil Aviation Organisation’s (‘ICAO’) Aviation Safety Implementation Assistance Partnership tool, on technical assistance to third countries provided by the Union and Member States to improve aviation safety around the world.

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

Union air carriers

(10) Following the EASA’s analysis of information resulting from ramp inspections carried out on the aircraft of Union air carriers and 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. Bulgaria informed the Commission and the Air Safety Committee about actions it had taken with regard to the air carriers certified in Bulgaria.

(11) Member States reiterated their readiness to act as necessary in the event that the relevant safety information indicates imminent safety risks as a consequence of a lack of compliance by Union air carriers with the relevant safety standards.

Air carriers from Armenia

(12) Air carriers from Armenia have never been included in Annex A to Regulation (EC) No 474/2006.

(13) In July 2019, as part of its TCO authorisation process, EASA conducted an on-site visit to Armenia’s Civil Aviation Committee (‘CAC’) and to two air carriers, namely Taron Avia LLC and Atlantis European Airways.

(14) Following that visit, EASA concluded that CAC had not systematically followed the established certification process when updating the Operations Specifications of these air carriers. Moreover, CAC could not provide assurances that it was systematically assessing the Safety Management Systems, the continuing airworthiness systems, and the maintenance organisations of the air carriers that it had certified. Furthermore, CAC was lacking capacity to identify significant non-compliances with international safety standards by the air carriers.

(15) Further to the findings made by EASA during its TCO authorisation process, the Commission, by letter of 11 October 2019, informed CAC about a number of safety concerns related to the air carriers registered in Armenia, and invited CAC and the air carrier Taron Avia LLC for a hearing before the Air Safety Committee in accordance with Article 7 of Regulation (EC) No 2111/2005.

(16) On 7 November 2019, the Commission, EASA and CAC held a technical meeting in Brussels. During that meeting, CAC provided information on its surveillance activities, including plans on its reorganisation, the recruitment and training of technical personnel, and on improving its surveillance capabilities. CAC informed the Commission that as a result of EASA TCO findings for Taron Avia LLC in July 2019, CAC had decided on 7 November 2019 to revoke the Air Operator Certificate (‘AOC’) of this air carrier. Considering that Taron Avia LLC consequently ceased its operations, it was no longer necessary to invite the air carrier for a hearing before the Air Safety Committee.

(17) Based on information available at present, including EASA’s TCO assessment results, the ramp inspections conducted by the Member States within the SAFA programme and information provided by CAC, the Commission considers that CAC should further develop its inspection capacity of the air carriers for which it has certification and oversight responsibilities.

(18) During a hearing before the Air Safety Committee, which took place on 20 November 2019, CAC presented an overview of its organisation and structure, including details on the workforce assigned to its Airworthiness Department and Flight Operations Department. CAC provided details about the actions taken with respect to a number of air carriers registered in Armenia, about the training for the inspectors, and its future developments, including the plans dedicated to the recruitment of new inspectors. The Commission underlined its expectation that, as it is the case for all civil aviation authorities, CAC should only issue AOCs and accept aircraft on its registry if and when it has a full capability to oversee them.

(19) In addition, CAC highlighted the planned convergence with the Union’s regulatory framework as a result of concluding and implementing the Common Aviation Area Agreement between the European Union and its Member States and Armenia.

(20) During the hearing, CAC undertook to keep the Commission continuously informed about its oversight activities and actions taken to further improve civil aviation safety in Armenia, notably the further development and implementation of Armenia’s State Safety Programme.

(21) The Commission intends to carry out, with the assistance of EASA and the support of Member States, a Union on-site assessment visit to Armenia to verify whether certification and oversight of air carriers by CAC is conducted in compliance with the relevant international safety standards. This on-site assessment visit will focus on CAC and selected Armenian air carriers.

(22) Whereas various deficiencies identified will need rectification, they are not of a nature that would warrant the inclusion of all air carriers from Armenia in Annex A to Regulation (EC) No 474/2006.

(23) Based on information currently available, in accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that at this stage with respect to air carriers from Armenia there are no grounds for amending the list of air carriers, which are subject to an operating ban within the Union.

(24) Through prioritisation of ramp inspections of all air carriers certified in Armenia, pursuant to Regulation (EU) No 965/2012, Member States should continue verifying the effective compliance of air carriers certified in Armenia with the relevant international safety standards.

(25) If any relevant safety information indicates that there are imminent safety risks as a consequence of a lack of compliance with international safety standards, the Commission might be obliged to take further action, in accordance with Regulation (EC) No 2111/2005.

Air carriers from Belarus

(26) Air carriers from Belarus have never been included in Annex A to Regulation (EC) No 474/2006.

(27) On 17 September 2018, further to safety deficiencies identified by EASA in the framework of the TCO authorisation process, pursuant to Article 3(2) of Regulation (EC) No 473/2006 the Commission opened consultations with the Aviation Department of Belarus (‘AD-BLR’).

(28) Following the hearing before the Air Safety Committee on 3 April 2019, the Air Safety Committee recognised AD-BLR’s progress in implementing international safety standards, but at the same time it determined that AD-BLR should engage in further improvements of its safety oversight capability.

(29) On 5 November 2019, the Commission, EASA and representatives of AD-BLR held a technical meeting. The purpose of that meeting was to review the corrective action plan implemented by AD-BLR, as well as the associated actions undertaken by AD-BLR to ensure effective compliance of its safety oversight system with the international safety standards. The meeting showed the need for AD-BLR to provide the Commission with further clarifications regarding certain undertaken actions. The Commission received this additional information on 14 November 2019.

(30) The Commission also asked AD-BLR to review the corrective action plan by further developing the root-cause analysis of the safety deficiencies identified during the Union on-site assessment visit of March 2019, with the aim to discuss it in the first quarter of 2020 at a next technical meeting in Brussels.

(31) On 20 November 2019, the Commission reported to the Air Safety Committee on the information provided by AD-BLR, namely the progress made in the implementation of the dedicated inspectorate for the aviation sector, the creation of the Quality Department, the status of the recertification programme of air carriers certified by AD-BLR as well as the measures taken to improve the surveillance programme. The Commission also informed the Air Safety Committee that the civil aviation situation in Belarus remained under close scrutiny.

(32) In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that at this stage with respect to air carriers from Belarus there are no grounds for amending the list of air carriers, which are subject to an operating ban within the Union.

(33) Through prioritisation of ramp inspections of all air carriers certified in Belarus, pursuant to Regulation (EU) No 965/2012, Member States should continue verifying the effective compliance of air carriers certified in Belarus with the relevant international safety standards.

(34) If any relevant safety information indicates that there are imminent safety risks as a consequence of a lack of compliance with international safety standards, the Commission might be obliged to take further action, in accordance with Regulation (EC) No 2111/2005.

Air carriers from the Dominican Republic

(35) Air carriers from the Dominican Republic have never been included in Annex A to Regulation (EC) No 474/2006.

(36) On 15 April 2019, further to safety deficiencies identified by EASA in the framework of the TCO authorisation process and based on the analysis of ramp inspections carried out under the SAFA programme, pursuant to Article 3(2) of Regulation (EC) No 473/2006 the Commission opened consultations with the Instituto Dominicano de Aviación Civil (‘IDAC’).

(37) On 10 October 2019, the Commission, EASA, a representative of a Member State and representatives of IDAC held a technical meeting. During that meeting, IDAC provided the Commission with general information about the aviation sector in the Dominican Republic, the staff available for the oversight activities, and the way such activities are conducted. The difficulties encountered by certain air carriers during the TCO authorisation process, mostly due to safety deficiencies, as well as the findings raised during SAFA ramp inspections were also discussed. IDAC informed the Commission that corrective measures were under way to address the root causes of the safety deficiencies identified by EASA. In particular, IDAC informed about the ongoing actions with respect to the training of staff.

(38) During that meeting, IDAC also informed about the level of implementation of the State Safety Programme in the Dominican Republic. Confident that its activities are carried out in full compliance with the international safety standards, IDAC invited the Union to make an on-site assessment visit. The Commission considers that it is indeed necessary to conduct a Union on-site assessment visit before the next meeting of the Air Safety Committee.

(39) Even though various deficiencies have been identified by the Commission and EASA from the analysis of information received through documents and the technical meeting, they are not of a nature that would justify the inclusion of air carriers from the Dominican Republic in Annex A to Regulation (EC) No 474/2006.

(40) Based on information currently available, in accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that at this stage with respect to air carriers from the Dominican Republic there are no grounds for amending the list of air carriers, which are subject to an operating ban within the Union.

(41) Through prioritisation of ramp inspections of all air carriers certified in the Dominican Republic, pursuant to Regulation (EU) No 965/2012, Member States should continue verifying the effective compliance of air carriers certified in the Dominican Republic with the relevant international safety standards.

(42) If any relevant safety information indicates that there are imminent safety risks as a consequence of a lack of compliance with international safety standards, the Commission might be obliged to take further action, in accordance with Regulation (EC) No 2111/2005.

Air carriers from Equatorial Guinea

(43) In 2006 all carriers certified in Equatorial Guinea were included in Annex A to Regulation (EC) No 474/2006.

(44) In October 2017, a Union on-site assessment visit took place in Equatorial Guinea, during which the work of the aviation authority, the Autoridad Aeronáutica de Guinea Ecuatorial (AAGE), was assessed. Two active air carriers certified in Equatorial Guinea, namely CEIBA Intercontinental and Cronos Airlines, were also visited. The Union on-site assessment visit identified the need for further improvements in order to keep the safety oversight system up-to-date with recent amendments to the international safety standards. For this purpose, AAGE developed a corrective action plan.

(45) In December 2018, AAGE expressed to the Commission its interest in re-opening a dialogue on amending Annex A to Regulation (EC) No 474/2006 with respect to all carriers certified in Equatorial Guinea. On 12 February 2019, the Commission sent a letter to AAGE asking for a detailed report on the implementation of the corrective action plan and for any other relevant information indicating the progress of AAGE in addressing its safety deficiencies. AAGE provided information between 11 July and 20 August 2019, which was incomplete, therefore on 10 September 2019 the Commission informed AAGE that the information provided was incomplete. On 17 September 2019 and on 28 October 2019, the AAGE sent more information concerning CEIBA Intercontinental and Cronos Airlines, respectively, as well as information about the AAGE’s organisation, staff and oversight activities.

(46) On 6 November 2019, EASA concluded that all requested documentation was provided and that this information showed improvements of the surveillance activities within the safety oversight system of AAGE, including strengthened oversight activities of the two commercial air carriers CEIBA Intercontinental and Cronos Airlines. However, EASA also concluded that there were still concerns on the capacity of AAGE to rectify deficiencies in a sustainable manner.

(47) In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that at this stage with respect to air carriers from Equatorial Guinea there are no grounds for amending the list of air carriers, which are subject to an operating ban within the Union.

(48) Through prioritisation of ramp inspections of all air carriers certified in Equatorial Guinea, pursuant to Regulation (EU) No 965/2012, Member States should continue verifying the effective compliance of air carriers certified in Equatorial Guinea with the relevant international safety standards.

Air carriers from Gabon

(49) In 2008 (6) all carriers certified in Gabon were included in Annex A to Regulation (EC) No 474/2006, with the exception of Gabon Airlines and Afrijet which were included in Annex B to that Regulation.

(50) Consultations between the Commission and the competent authorities of Gabon, the Agence Nationale de l’Aviation Civile (‘ANAC Gabon’), continued with the aim of monitoring the progress of ANAC Gabon in ensuring that its aviation safety oversight system complies with international safety standards.

(51) The ICAO audit of January 2019 concluded that ANAC Gabon achieved a rate of effective implementation of international safety standards of 72,6 %, which represents an increase from a rate of 26,1 % achieved in 2016.