Commission Delegated Regulation (EU) 2023/661 of 2 December 2022 amending Regulation (EC) No 2111/2005 of the European Parliament and of the Council on the common criteria to consider the implementation or lifting of an operating ban at Union level

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 transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (1), and in particular Article 3(2) thereof,

Whereas:

(1) Regulation (EC) No 2111/2005 provides for the establishment of a Union list of air carriers that are subject to an operating ban in the territories to which the Treaties apply.

(2) The establishment of the Union list of air carriers is based on common criteria for imposing an operating ban on an air carrier drawn up at Union level. These common criteria are set out in the Annex to Regulation (EC) No 2111/2005.

(3) An assessment of Regulation (EC) No 2111/2005 performed by the Commission identified several areas where the implementation of that Regulation could be improved in order to take account of scientific and technical developments. In the last years, the management of air safety has been supported by new technical advancements that enabled the measurement of verifiable evidence as it pertains to the assessment of third country operators’ capabilities and information stemming from ramp inspections to meet the relevant safety standards. Also, the collection of scientific knowledge, through the research activities of the European Union Aviation Safety Agency, enhances its ability to evaluate a safety management system of an operator. It is therefore necessary to amend the Annex to Regulation (EC) No 2111/2005 to take account of those developments.

(4) The common criteria set out in the Annex to Regulation (EC) No 2111/2005 list the elements to take into account when considering the imposition of a ban (or of operational restrictions). In line with Article 4(1)(b) of Regulation (EC) No 2111/2005, the Union list is to be updated to remove an air carrier from it when the safety deficiencies have been remedied and there is no other reason, on the basis of the common criteria, to maintain the air carrier on such list. For reasons of transparency, it is necessary to list the necessary elements for the assessment if the common criteria, the non-respect of which led to the identification of the aforementioned deficiencies, are no longer met.

(5) A number of improvements can be achieved by amending the Annex to Regulation (EC) No 2111/2005 on common criteria used to consider for imposing [or lifting of] an operating ban at Union level,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 2111/2005 is replaced by the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 2 December 2022.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 344, 27.12.2005, p. 15.