Commission Implementing Regulation (EU) 2024/1601 of 30 May 2024 amending Regulation (EC) No 474/2006 as regards the list of air carriers banned from operating or subject to operational restrictions within the Union

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

(4) The Commission gave the air carriers concerned the opportunity to consult all relevant documentation, to submit written comments and to make an oral presentation to the Commission and to the Committee established by Article 15 of Regulation (EC) No 2111/2005 (the ‘EU Air Safety Committee’).

(5) The Commission has informed the EU Air Safety Committee about the ongoing consultations, within the framework of Regulation (EC) No 2111/2005 and Commission Delegated Regulation (EU) 2023/660 (3), with the competent authorities and air carriers of Egypt, Kazakhstan, Kenya, Pakistan, São Tomé and Príncipe, and Sierra Leone. The Commission also informed the EU Air Safety Committee about the aviation safety situation in Armenia, Congo (Brazzaville), Iraq, Kyrgyzstan, Libya, Mali, Nepal and Suriname.

(6) The Agency informed the Commission and the EU Air Safety Committee about the technical assessments conducted for the initial evaluation and the continuous monitoring of third country operator (‘TCO’) authorisations, issued pursuant to Commission Regulation (EU) No 452/2014 (4).

(7) The Agency also informed the Commission and the EU 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, the Agency informed the Commission and the EU Air Safety Committee about the technical assistance projects carried out in third countries affected by an operating ban under Regulation (EC) No 474/2006. Furthermore, the Agency 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 assure 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 the Agency. 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 EU Air Safety Committee with an update on the status of the SAFA and TCO alarming functions, including statistics about alert messages for banned air carriers. Eurocontrol has also provided information about planned full digitalisation on the Eurocontrol new ‘iNM’ platform and implementation of new EC Air Safety Listings.

Union air carriers

(10) Following the Agency’s analysis of information resulting from ramp inspections carried out on the aircraft of Union air carriers, as well as standardisation inspections carried out by the Agency, and complemented with information stemming from specific inspections and audits carried out by national aviation authorities, Member States and the Agency, acting as competent authorities, have taken certain corrective and enforcement measures, and informed the Commission and the EU Air Safety Committee about those measures.

(11) Member States and the Agency, acting as competent authorities, reiterated their readiness to act, as necessary, in the event that pertinent safety information indicates imminent safety risks resulting from non-compliance by Union air carriers with relevant safety standards.

Air carriers from Egypt

(12) Air carriers certified in Egypt have never been included in Annex A or B to Regulation (EC) No 474/2006.

(13) As part of its continuous monitoring activities, on 17 April 2024 the Commission, the Agency, Member States and representatives from the Egyptian Civil Aviation Authority (‘ECAA’) held a technical meeting.

(14) During the meeting, representatives of the ECAA were briefed on the assessment outcome of documents previously provided to the Commission at its request. Details regarding concerns raised from the review of the submitted information were conveyed, notably as regards the lack of implementation of a State Safety Programme/National Aviation Safety Plan, the lack of verifiable numbers in terms of active Flight Operations inspectors to oversee the 16 Egyptian air operator certificate (‘AOC’) holders, and the issues which ECAA is facing to promote a robust safety culture among the air carriers under its safety oversight. In this context, it was also noted that no training records were available to verify the currency of inspectors’ training.

(15) Additional shortcomings identified in the review concern the lack of guidance, both at the level of the air carriers but also the ECAA, regarding the establishment of a Flight Data Analysis Programme.

(16) The ECAA informed the meeting of the Egyptian aviation industry’s current state of affairs, and safety improvement measures enacted and planned to address identified safety oversight and organisational deficiencies. It was noted that the ECAA has the full support of the Egyptian government to pursue these safety improvement initiatives.

(17) With specific regard to the staffing capacity and capabilities of the ECAA to ensure effective safety oversight of Egypt’s aviation industry, the ECAA highlighted efforts being undertaken to recruit and retain qualified experts and staff through a new financial rewarding system.

(18) From an organisational and regulatory perspective, the ECAA indicated that a comprehensive review of its legislative and regulatory framework is being undertaken, while new Directorates for Safety, Compliance, Risk Assessment, Management of Change, and Safety Data Collection and Processing have been created. Complementary to this, the ECAA highlighted its initiative to introduce risk-based oversight.

(19) While acknowledging that the ECAA is currently engaged in a comprehensive restructuring process, it nevertheless appears that the current focus of the ECAA is on addressing mainly visible and obvious deficiencies without sufficiently robust root cause analysis. Increased efforts are needed as regards safety oversight of Egyptian air carriers and improved safety culture, as well as proper implementation of corrective and preventive actions.

(20) The Commission recognises the efforts made by the ECAA to improve the level of safety oversight in Egypt. However, the Commission indicated that it intends to keep the consultation process open. Regular contacts and progress reports are anticipated as part of this continuous monitoring activity, as well as the organisation of future technical meetings. The Commission will coordinate closely with the Agency considering the significant number of Egyptian air carriers that hold a TCO authorisation.

(21) The Commission also highlighted the need for the government’s continued support, as well as the importance of ensuring leadership stability within the authority as a cornerstone for a well-functioning CAA.

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

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

(24) Where any pertinent safety information reveals imminent safety risks resulting from non-compliance with the relevant international safety standards, further action by the Commission may become necessary, in accordance with Regulation (EC) No 2111/2005.

Air carriers from Kazakhstan

(25) In December 2016, air carriers certified in Kazakhstan were removed from Annex A to Regulation (EC) No 474/2006, by Commission Implementing Regulation (EU) 2016/2214 (6), with the exception of Air Astana, which had been removed from Annex B to Regulation (EC) No 474/2006 already in 2015, by Commission Implementing Regulation (EU) 2015/2322 (7).

(26) As a follow up to the EU Air Safety Committee deliberations in November 2023, experts from the Commission, the Agency and Member States conducted a Union on-site assessment visit in Kazakhstan between 5 and 9 February 2024 at the Civil Aviation Committee of Kazakhstan (‘CAC KZ’) and the Aviation Administration of Kazakhstan Joint Stock Company (‘AAK’), including a sample assessment of three air carriers certified in Kazakhstan, namely Berkut, Fly Jet.KZ and Prime Aviation.

(27) The assessment visit focused its activities on AAK in view of its role and responsibility for the safety oversight activities of the air carriers certified in Kazakhstan. From the assessment visit, it is clear that AAK has made important improvements in updating its aviation legislation, including the primary aviation law and its subsequent amendments, and ensuring its effective implementation. These legislative changes have focused on enhancing airspace usage, the certification of unmanned aerial systems, improvement to de/anti-icing procedures, and the introduction of mandatory and voluntary occurrence reporting obligations. Key developments underpinning these technical elements, were the granting of additional authoritative powers to the Director General of AAK and its inspectors, as well as the modernisation of AAK’s financial structure.

(28) The AAK’s actions to address Personnel Licensing observations and recommendations stemming from the October 2021 Union on-site assessment visit have led to the implementation of effective corrective measures. Nevertheless, areas necessitating additional enhancements have been identified, particularly concerning the theoretical examination system for pilots and the supervision of flight examiners.

(29) In the area of air operations (‘OPS’), AAK has provided verifiable evidence of actions taken to address identified shortcomings. However, areas that require further focus include the monitoring of compliance during certification processes and the granting of special approvals. Consequently, AAK should intensify its efforts and expedite the enhancement of the capabilities of its inspectors. Additionally, it is essential to prioritise the improvement of its internal quality and compliance systems to align the activities of the Flight Operations Department with international safety standards.

(30) Substantial progress has been determined in the airworthiness area, with the determination that effective safety oversight is currently being ensured. Further enhancements as regards the surveillance records will contribute to a more detailed and transparent record of conducted inspections.

(31) The assessment conducted at Fly Jet.kz determined that the air carrier maintains an operational Safety Management System (‘sMS’) and a Quality Management System (‘QMS’), supported by thorough documentation, which reflects a clear commitment to international safety standards. However, efforts are required to address concerns regarding unresolved audit findings within the QMS and the absence of clear timelines for resolution. It is important that these issues be promptly addressed to further bolster the airline’s safety protocols and overall effectiveness.

(32) Adequate staffing levels and resource provision in the maintenance and airworthiness department of Fly Jet.kz’s enables the consistent maintenance of aircraft airworthiness. The documentation in place, inclusive of the staff records, comprehensive spare parts inventory, and diligently maintained maintenance logs, was observed to be readily accessible and appropriately managed.

(33) Notwithstanding the aforementioned aspects, certain inconsistencies have been identified within the flight operations department of Fly Jet.kz, necessitating a closer examination of crew composition and duty time management practices, as well as discrepancies in crew qualifications and aircraft load calculations.

(34) Prime Aviation’s effective implementation of SMS was notably evident through detailed and well-managed documentation, as well as the company policy encouraging staff involvement in occurrence reporting. While already functional, there is room for improvement in ensuring consistent application of risk management measures. The Compliance Management System, while effective, can further enhance its impact by aligning implementation timelines with regulatory standards.

(35) Prime Aviation’s commitment to quality is evident in its structured personnel training framework and well-staffed airworthiness department, ensuring continuous aircraft airworthiness. Despite leveraging efficient software tools, some improvements would be warranted in the pilot qualification protocols, and the North Atlantic High Level Airspace approval procedures.

(36) Berkut’s SMS and QMS meet international safety standards effectively. However, opportunities for minor enhancements in both domains were identified. Additionally, the air carrier demonstrated good organisation and professionalism in its operational conduct, however, potential for further improvement was identified, particularly in enhancing the control in dispatch operations, the training syllabi definition, and the validity for special approvals.

(37) Berkut’s maintenance and airworthiness department is appropriately staffed, ensuring continuous aircraft airworthiness with comprehensive documentation. The maintenance facility provides an optimal environment for maintenance operations.

(38) On the basis of the outcome of the Union on-site assessment visit, the Commission invited CAC KZ and AAK to a hearing before the EU Air Safety Committee on 15 May 2024.

(39) During the hearing, AAK provided updates to the Commission and the EU Air Safety Committee regarding the reforms and progress in the civil aviation sector since 2021, demonstrating their commitment to enhancing safety, operational efficiency, and international collaboration. Additionally, they outlined progress in strengthening AAK’s organisational structure and financial mechanisms, including the transition to a self–financing model effective from July 2023. AAK has also increased its workforce, particularly in operational departments, and has refined internal processes to enhance the quality and effectiveness of its services.

(40) AAK has made evident steps in addressing and resolving the majority of observations and recommendations raised during the February 2024 Union on-site assessment visit. They have successfully addressed three observations and six recommendations, indicating improvements in regulatory compliance and operational standards. Improvements in inspectors’ authorisation procedures, Electronic Flight Bag approvals, and Extended Diversion Time Operations have been achieved. Ongoing efforts to address the remaining observations are structured with clear deadlines set for completion by the end of 2024 and the first quarter of 2025. These activities form part of a broader strategic initiative to strengthen aviation safety, ensuring alignment with international safety standards.

(41) During the hearing AAK also outlined the corrective actions concerning air carriers Berkut, Prime Aviation and Fly Jet.kz.

(42) Furthermore, AAK outlined future development plans for 2024–2025, with a focus on developing additional international collaborations. These plans include preparations for direct flights to the USA, enhancing digital infrastructure, and continued investment in human resources.

(43) While acknowledging the progress made since formal consultations were launched in 2020, as demonstrated by the evidence gathered during the 2024 Union on-site assessment visit, and the details provided during the hearing, the EU Air Safety Committee deliberations concluded that the formal consultations should be brought to an end, while encouraging the AAK to regularly exchange on future developments with the Commission, and to develop ways to ensure continuation of the leadership at AAK.

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

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

(46) Where any relevant safety information reveals imminent safety risks resulting from non-compliance with the relevant international safety standards, further action by the Commission may become necessary, in accordance with Regulation (EC) No 2111/2005.

Air carriers from Kenya

(47) Air carriers certified in Kenya have never been included in Annex A or B to Regulation (EC) No 474/2006.

(48) As part of its continuous monitoring activities, on 10 April 2024 the Commission, the Agency, Member States and representatives from the Kenya Civil Aviation Authority (‘KCAA’) held a technical meeting.