ISSN 1977-0677

Official Journal

of the European Union

L 162

European flag  

English edition

Legislation

Volume 58
27 June 2015


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

*

Council Decision (EU) 2015/1010 of 18 November 2014 on the signing and provisional application of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

1

 

 

Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

3

 

 

REGULATIONS

 

*

Commission Delegated Regulation (EU) 2015/1011 of 24 April 2015 supplementing Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors, and repealing Commission Regulation (EC) No 1277/2005 ( 1 )

12

 

*

Commission Implementing Regulation (EU) 2015/1012 of 23 June 2015 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin ( 1 )

26

 

*

Commission Implementing Regulation (EU) 2015/1013 of 25 June 2015 laying down rules in respect of Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and of Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors ( 1 )

33

 

*

Commission Implementing Regulation (EU) 2015/1014 of 25 June 2015 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community ( 1 )

65

 

 

Commission Implementing Regulation (EU) 2015/1015 of 26 June 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

98

 

 

DECISIONS

 

*

Council Decision (EU) 2015/1016 of 23 June 2015 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

100

 


 

(1)   Text with EEA relevance

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

INTERNATIONAL AGREEMENTS

27.6.2015   

EN

Official Journal of the European Union

L 162/1


COUNCIL DECISION (EU) 2015/1010

of 18 November 2014

on the signing and provisional application of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) thereof,

Having regard to the 2005 Act of Accession, and in particular Article 6(2) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

On 23 October 2006 the Council authorised the Commission, on behalf of the European Community and its Member States, to negotiate protocols amending the agreements concluded between the European Community and its Member States and third countries, such as the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (1), to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

(2)

The negotiations with the Republic of Lebanon have since been completed.

(3)

The Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (‘the Protocol’) provides in its Article 8(2) for the provisional application of the Protocol before its entry into force.

(4)

The Protocol should therefore be signed and should be applied on a provisional basis pending the completion of the procedures for its conclusion,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union and its Member States of the Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby authorised, subject to the conclusion of the Protocol.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.

Article 3

Subject to reciprocity, the Protocol shall be applied on a provisional basis from the date provided therein, pending the completion of the procedures for its conclusion.

Article 4

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 18 November 2014.

For the Council

The President

S. GOZI


(1)  OJ L 143, 30.5.2006, p. 2.


27.6.2015   

EN

Official Journal of the European Union

L 162/3


PROTOCOL

to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

KINGDOM OF BELGIUM,

REPUBLIC OF BULGARIA,

CZECH REPUBLIC,

KINGDOM OF DENMARK,

FEDERAL REPUBLIC OF GERMANY,

REPUBLIC OF ESTONIA,

IRELAND,

HELLENIC REPUBLIC,

KINGDOM OF SPAIN,

FRENCH REPUBLIC,

ITALIAN REPUBLIC,

REPUBLIC OF CYPRUS,

REPUBLIC OF LATVIA,

REPUBLIC OF LITHUANIA,

GRAND DUCHY OF LUXEMBOURG,

HUNGARY,

REPUBLIC OF MALTA,

KINGDOM OF THE NETHERLANDS,

REPUBLIC OF AUSTRIA,

REPUBLIC OF POLAND,

PORTUGUESE REPUBLIC,

ROMANIA,

REPUBLIC OF SLOVENIA,

SLOVAK REPUBLIC,

REPUBLIC OF FINLAND,

KINGDOM OF SWEDEN,

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

hereinafter referred to as ‘Union States’ represented by the Council of the European Union, and

THE EUROPEAN UNION, hereinafter referred to as ‘Union’ represented by the Council of the European Union and the European Commission,

of the one part, and

THE REPUBLIC OF LEBANON, hereinafter referred to as ‘Lebanon’,

of the other part

WHEREAS the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, (1) hereinafter referred to as ‘the Euro-Mediterranean Agreement’, was signed in Brussels on 17 June 2002 and entered into force on 1 April 2006;

WHEREAS the Treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union and the Act thereto was signed in Luxemburg on 25 April 2005 and entered into force on 1 January 2007;

WHEREAS an Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Lebanon, of the other part (2) entered into force on 1 March 2003;

WHEREAS, pursuant to Article 6(2) of the Act of Accession, the accession of the new Contracting Parties to the Euro-Mediterranean Agreement must be agreed by the conclusion of a protocol to that Agreement;

WHEREAS consultations pursuant to Article 22 of the Euro-Mediterranean Agreement have taken place in order to ensure that account has been taken of the mutual interests of the Union and the Republic of Lebanon;

HAVE AGREED AS FOLLOWS:

Article 1

The Republic of Bulgaria and Romania hereby become Contracting Parties to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and Republic of Lebanon, of the other part, and shall, in the same manner as the other Union Member States, respectively adopt and take note of the texts of the Agreement, the Joint Declarations, Declarations and Exchanges of Letters.

CHAPTER I

AMENDMENTS TO THE TEXT OF THE EURO-MEDITERRANEAN AGREEMENT, INCLUDING ITS ANNEXES AND PROTOCOLS

Article 2

(Rules of Origin)

Protocol 4 is amended as follows:

(1)

Article 18(4) is replaced by the following:

‘Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases:

BG

“ИЗДАДЕН ВПОСЛЕДСТВИЕ”

ES

“EXPEDIDO A POSTERIORI”

CS

“VYSTAVENO DODATEČNĚ”

DA

“UDSTEDT EFTERFØLGENDE”

DE

“NACHTRÄGLICH AUSGESTELLT”

ET

“VÄLJA ANTUD TAGASIULATUVALT”

EL

“ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ”

EN

“ISSUED RETROSPECTIVELY”

FR

“DÉLIVRÉ A POSTERIORI”

IT

“RILASCIATO A POSTERIORI”

LV

“IZSNIEGTS RETROSPEKTĪVI”

LT

“RETROSPEKTYVUSIS IŠDAVIMAS”

HU

“KIADVA VISSZAMENŐLEGES HATÁLLYAL”

MT

“MAĦRUĠ RETROSPETTIVAMENT”

NL

“AFGEGEVEN A POSTERIORI”

PL

“WYSTAWIONE RETROSPEKTYWNIE”

PT

“EMITIDO A POSTERIORI”

RO

“EMIS A POSTERIORI”

SL

“IZDANO NAKNADNO”

SK

“VYDANÉ DODATOČNE”

FI

“ANNETTU JÄLKIKÄTEEN”

SV

“UTFÄRDAT I EFTERHAND”

AR

Image

”’.

(2)

Article 19(2) is replaced by the following:

‘The duplicate issued in this way must be endorsed with one of the following words:

BG

“ДУБЛИКАТ”

ES

“DUPLICADO”

CS

“DUPLIKÁT”

DA

“DUPLIKAT”

DE

“DUPLIKAT”

ET

“DUPLIKAAT”

EL

“ΑΝΤΙΓΡΑΦΟ”

EN

“DUPLICATE”

FR

“DUPLICATA”

IT

“DUPLICATO”

LV

“DUBLIKĀTS”

LT

“DUBLIKATAS”

HU

“MÁSODLAT”

MT

“DUPLIKAT”

NL

“DUPLICAAT”

PL

“DUPLIKAT”

PT

“SEGUNDA VIA”

RO

“DUPLICAT”

SL

“DVOJNIK”

SK

“DUPLIKÁT”

FI

“KAKSOISKAPPALE”

SV

“DUPLIKAT”

AR

Image

”’.

(3)

Annex V is replaced by the following:

‘ANNEX V

INVOICE DECLARATION

The invoice declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

Bulgarian version

Износителят на продуктите, обхванати от този документ (митническо разрешение № … (3)) декларира, че освен кьдето е отбелязано друго, тези продукти са с … преференциален произход (4).

Spanish version

El exportador de los productos incluidos en el presente documento (autorización aduanera no (3).) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial … (4).

Czech version

Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (3)) prohlašuje, že kromě zřetelně označených, mají tyto výrobky preferenční původ v … (4).

Danish version

Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. … (3)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (4).

German version

Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. … (3)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anderes angegeben, präferenzbegünstigte … (4) Ursprungswaren sind.

Estonian version

Käesoleva dokumendiga hõlmatud toodete eksportija (tolliameti kinnitus nr … (3)) deklareerib, et need tooted on … (4) sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.

Greek version

Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ' αριθ. … (3)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (4).

English version

The exporter of the products covered by this document (customs authorization No … (3)) declares that, except where otherwise clearly indicated, these products are of … (4) preferential origin.

French version

L'exportateur des produits couverts par le présent document (autorisation douanière no (3)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle … (4)).

Italian version

L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. … (3)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (4).

Latvian version

To produktu eksportētājs, kuri ietverti šajā dokumentā (muitas atļauja Nr. … (3)), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir preferenciāla izcelsme… (4).

Lithuanian version

Šiame dokumente išvardytų produktų eksportuotojas (muitinės liudijimo Nr … (3)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra … (4) preferencinės kilmės produktai.

Hungarian version

A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (3)) kijelentem, hogy eltérő jelzés hiányában az áruk kedvezményes … (4) származásúak.

Maltese version

L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni tad-dwana nru. … (3)) jiddikjara li, ħlief fejn indikat b'mod ċar li mhux hekk, dawn il-prodotti huma ta' oriġini preferenzjali … (4).

Dutch version

De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. … (3)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … oorsprong zijn (4).

Polish version

Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr … (3)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (4) preferencyjne pochodzenie.

Portuguese version

O exportador dos produtos cobertos pelo presente documento (autorização aduaneira n.o (3)), declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial … (4).

Romanian version

Exportatorul produselor care fac obiectul acestui document (autorizația vamală nr. … (3)) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferențială … (4).

Slovenian version

Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št. … (3)) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (4) poreklo.

Slovak version

Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia … (3)) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v … (4).

Finnish version

Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o … (3)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita (4).

Swedish version

Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr … (3)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande … ursprung (4).

Arabic version

Image

 (5)

(Place and date)

 (6)

(Signature of the exporter, in addition, the name of the person signing the declaration has to be indicated in clear script)

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(3)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank."

(4)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”."

(5)  These indications may be omitted if the information is contained in the document itself."

(6)  In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.’."

CHAPTER II

TRANSITIONAL PROVISIONS

Article 3

(Proofs of Origin and administrative cooperation)

1.   Proofs of origin properly issued by either Lebanon or a new Member State in the framework of preferential agreements or autonomous arrangements applied between them shall be accepted in the respective countries under this Protocol, provided that:

(a)

the acquisition of such origin confers preferential tariff treatment on the basis of the preferential tariff measures contained in this Euro-Mediterranean Agreement or in the Union System of Generalised Preferences;

(b)

the proof of origin and the transport documents were issued no later than the day before the date of accession;

(c)

the proof of origin is submitted to the customs authorities within the period of four months from the date of accession.

Where goods were declared for importation in either Lebanon or a new Member State, prior to the date of accession, under preferential agreements or autonomous arrangements applied between Lebanon and that new Member State at that time, proof of origin issued retrospectively under those agreements or arrangements may also be accepted, provided that it is submitted to the customs authorities within the period of four months from the date of accession.

2.   Lebanon and the new Member States are authorised to retain the authorisations with which the status of ‘approved exporters’ has been granted in the framework of preferential agreements or autonomous arrangements applied between them, provided that:

(a)

such a provision is also provided for in the agreement concluded between Lebanon and the Union prior to the date of accession; and

(b)

the approved exporter applies the rules of origin in force under that agreement.

These authorisations shall be replaced no later than one year after the date of accession, by new authorisations issued under the terms of the Agreement.

3.   Requests for subsequent verification of proof of origin issued under the preferential agreements or autonomous arrangements referred to in paragraphs 1 and 2 can be presented by the competent customs authorities of either Lebanon or the new Member States and shall be accepted by those authorities for a period of three years after issue of the proof of origin concerned.

Article 4

(Goods in transit)

1.   The provisions of the Euro-Mediterranean Agreement may be applied to goods exported either from Lebanon to one of the new Member States or from one of the new Member States to Lebanon which comply with the provisions of Protocol 4 and, on the date of accession, are either en route or in temporary storage, in a customs warehouse or in a free zone in Lebanon or in that new Member State.

2.   Preferential treatment may be granted in such cases, subject to the submission to the customs authorities of the importing country, within four months of the date of accession, of proof of origin issued retrospectively by the customs authorities of the exporting country.

GENERAL AND FINAL PROVISIONS

Article 5

Lebanon undertakes that it shall neither make any claim, request or referral nor modify or withdraw any concession pursuant to GATT 1994 Articles XXIV.6 and XXVIII in relation to this enlargement of the Union.

Article 6

This Protocol shall form an integral part of the Euro-Mediterranean Agreement.

Article 7

1.   This Protocol shall be approved by the Union, by the Council of the European Union on behalf of the Member States, and by Lebanon in accordance with their own procedures.

2.   The Parties shall notify each other of the accomplishment of the corresponding procedures referred to in paragraph 1. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.

Article 8

1.   This Protocol shall enter into force on the first day of the first month following the date of deposit of the last instrument of approval.

2.   This Protocol shall apply provisionally as from 1 January 2007.

Article 9

This Protocol is drawn up in duplicate in each of the official languages of the Contracting Parties, each of these texts being equally authentic.

Article 10

The text of the Euro-Mediterranean Agreement, including the Annexes and Protocols forming an integral part thereof, and the Final Act together with the declarations annexed thereto shall be drawn up in the Bulgarian and Romanian languages, and these texts shall be authentic in the same way as the original texts. The Association Council shall approve these texts.

Съставено в Брюксел на осемнадесети юни две хиляди и петнадесета година.

Hecho en Bruselas, el dieciocho de junio de dos mil quince.

V Bruselu dne osmnáctého června dva tisíce patnáct.

Udfærdiget i Bruxelles den attende juni to tusind og femten.

Geschehen zu Brüssel am achtzehnten Juni zweitausendfünfzehn.

Kahe tuhande viieteistkümnenda aasta juunikuu kaheksateistkümnendal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις δέκα οκτώ Ιουνίου δύο χιλιάδες δεκαπέντε.

Done at Brussels on the eighteenth day of June in the year two thousand and fifteen.

Fait à Bruxelles, le dix-huit juin deux mille quinze.

Sastavljeno u Bruxellesu osamnaestog lipnja dvije tisuće petnaeste.

Fatto a Bruxelles, addì diciotto giugno duemilaquindici.

Briselē, divi tūkstoši piecpadsmitā gada astoņpadsmitajā jūnijā.

Priimta du tūkstančiai penkioliktų metų birželio aštuonioliktą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizenötödik év június havának tizennyolcadik napján.

Magħmul fi Brussell, fit-tmintax-il jum ta’ Ġunju tas-sena elfejn u ħmistax.

Gedaan te Brussel, de achttiende juni tweeduizend vijftien.

Sporządzono w Brukseli dnia osiemnastego czerwca roku dwa tysiące piętnastego.

Feito em Bruxelas, em dezoito de junho de dois mil e quinze.

Întocmit la Bruxelles la optsprezece iunie două mii cincisprezece.

V Bruseli osemnásteho júna dvetisícpätnásť.

V Bruslju, dne osemnajstega junija leta dva tisoč petnajst.

Tehty Brysselissä kahdeksantenatoista päivänä kesäkuuta vuonna kaksituhattaviisitoista.

Som skedde i Bryssel den artonde juni tjugohundrafemton.

Image

За държавите-членки

Por los Estados miembros

Za členské státy

For medlemsstaterne

Für die Mitgliedstaaten

Liikmesriikide nimel

Για τα κράτη μέλη

For the Member States

Pour les États membres

Za države članice

Per gli Stati membri

Dalībvalstu vārdā

Valstybių narių vardu

A tagállamok részéről

Għall-Istati Membri

Voor de lidstaten

W imieniu państw Członkowskich

Pelos Estados-Membros

Pentru statele membre

Za členské štáty

Za države članice

Jäsenvaltioiden puolesta

För medlemsstaterna

Image

Image

За Европейския съюз

Рог la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Za Europsku uniju

Per l'Unione europea

Eiropas Savienības vārdā —

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

Image

Image

За Република Ливан

Por la República Libanesa

Za Libanonskou republiku

For Den Libanesiske Republik

Für die Libanesische Republik

Liibanoni Vabariigi nimel

Για τη Δημοκρατία του Λιβάνου

For the Republic of Lebanon

Pour la République libanaise

Za Libanonsku Republiku

Per la Repubblica del Libano

Libānas Republikas vārdā –

Libano Respublikos vardu

A Libanoni Köztársaság részéről

Għar-repubblika tal-Libanu

Voor de Republiek Libanon

W imieniu Republiki Libańskiej

Pela República do Líbano

Pentru Republica Libaneză

Za Libanonskú republiku

Za Republiko Libanon

Libanonin tasavallan puolesta

För Republiken Libanon

Image

Image


(1)  OJ L 143, 30.5.2006, p. 2.

(2)  OJ L 262, 30.9.2002, p. 2.


REGULATIONS

27.6.2015   

EN

Official Journal of the European Union

L 162/12


COMMISSION DELEGATED REGULATION (EU) 2015/1011

of 24 April 2015

supplementing Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors, and repealing Commission Regulation (EC) No 1277/2005

(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 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors (1), and in particular Articles 3(8), 8(3) and 13(2) thereof,

Having regard to Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Union and third countries in drug precursors (2), and in particular in the third subparagraph of Article 6(1), the third subparagraph of Article 7(1), Article 8(2), the second subparagraph of Article 9(2), Article 11(1) and (3), Article 19 and Article 32(2) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1277/2005 (3) lays down provisions for the implementation of Regulation (EC) No 273/2004 and Regulation (EC) No 111/2005 in the field of drug precursors. Both Regulation (EC) No 273/2004 and Regulation (EC) No 111/2005 have been amended after the adoption of Regulation (EC) No 1277/2005 so as to include empowerments to adopt delegated and implementing acts pursuant to Articles 290 and 291 of the Treaty. Therefore, new rules should be adopted in accordance with the new empowerments.

(2)

Although Regulation (EC) No 273/2004 deals with domestic trade and Regulation (EC) No 111/2005 deals with international trade, many of the provisions are common to both Regulations. In order to ensure coherence, it is justified to adopt a single delegated act covering both Regulations.

(3)

In order to ensure legal certainty and a coherent enforcement of the provisions of this Regulation, it is necessary to give a definition of ‘business premises’.

(4)

Licences and registrations which are required for operators willing to carry out activities involving certain substances (drug precursors), which can be used for the illicit manufacture of narcotic drugs or psychotropic substances, should be granted only to reliable operators applying for it. These operators should have taken adequate measures aiming at the secure handling and storage of those drug precursors and should have appointed an identifiable responsible officer able to ensure that activities involving these substances take place in compliance with the pertinent legal provisions.

(5)

Certain operators dealing with drug precursors for medical use, such as pharmacies and dispensaries of veterinary medicine, could be exempted from the requirement of having been granted a licence or a registration in order to carry out activities involving such substances. The same could be applicable to certain public authorities.

(6)

Operators carrying out activities related to drug precursors which are not intended for the Union market, but have been brought into the customs territory of the Union, should provide information showing that the exportation of those substances was made in compliance with relevant International conventions to demonstrate the licit purposes of the corresponding transaction.

(7)

Operators established in the Union should provide certain basic details on the activities they have carried out in order to facilitate the monitoring, by the competent authorities, of trade in drug precursors.

(8)

For the purposes of minimising the risk of diversion of certain drug precursors, their exportation should be preceded by a pre-export notification and by an export authorisation.

(9)

There are frequent changes in relation to the lists of third countries of destination for exports of scheduled substances of Categories 2 and 3 of the Annex to Regulation (EC) No 111/2005. In order to allow for a swift update of those lists, in accordance with the criteria for those lists determined in this Regulation, these lists should be published on the website of the Commission.

(10)

In order to ease the administrative burden for trade in certain categories of drug precursors, a simplified procedure for pre-export notification and for export authorisation should be provided.

(11)

To improve the coordination of the implementation of the monitoring measures, it is appropriate that the Member States provide the Commission regularly with information concerning drug precursors seized or detained.

(12)

In order to ensure consistency, legislative coherence and legal certainty, this Delegated Regulation should apply from the same date as the Implementing Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down conditions for granting licences and registrations, determines cases where a licence and a registration are not required, establishes the criteria to demonstrate the licit purpose of a transaction, determines the information required to monitor trade, fixes the conditions for determining the lists of the countries of destination for exports of scheduled substances of Categories 2 and 3, establishes the criteria for determining simplified procedures for pre-export notifications and for export authorisations and specifies the requirements concerning the information to be provided on the implementation of the monitoring measures as regards trade in drug precursors.

Article 2

Definitions

For the purposes of this Regulation, ‘business premises’ shall mean building(s) together with the land occupied by an operator at each single location.

Article 3

Conditions for granting licences

1.   In order to obtain a licence pursuant to Article 6(1) of Regulation (EC) No 111/2005, the operator shall appoint an officer responsible for the trade in scheduled substances listed in Category 1 of the Annex to that Regulation, notify the competent authority of the name and contact details of that officer and notify them immediately of any subsequent modification of this information.

The responsible officer shall ensure that import, export or intermediary activities take place in compliance with the pertinent legal provisions and shall be empowered to represent the operator and to take the decisions necessary for performing that task.

2.   The operator concerned shall fulfil all the following requirements and conditions:

(a)

the operator shall take adequate measures against the unauthorised removal of scheduled substances of Category 1 of Annex I to Regulation (EC) No 273/2004 and of the Annex to Regulation (EC) No 111/2005 from the places of storage, production, manufacture and processing of scheduled substances and to secure business premises;

(b)

the operator shall make an application containing the following:

(i)

the full name, address, telephone and/or fax numbers and email address of the applicant;

(ii)

the full name of the responsible officer and his/her contact details;

(iii)

a description of the position and tasks of the responsible officer;

(iv)

the full addresses of the business premises;

(v)

the description of all the places where operations described under point (x) take place;

(vi)

information showing that the adequate measures referred to in paragraph 2(a) have been taken;

(vii)

the name and the CN code of the scheduled substances as stated in Annex I to Regulation (EC) No 273/2004 and in the Annex to Regulation (EC) No 111/2005;

(viii)

in the case of a mixture or natural product an indication of the following:

(a)

the name of the mixture or natural product;

(b)

the name and CN code of the scheduled substances as stated in Annex I to Regulation (EC) No 273/2004 and in the Annex to Regulation (EC) No 111/2005 contained in the mixture or natural product;

(c)

the maximum percentage of such scheduled substances in the mixture or natural product;

(ix)

a description of the envisaged type of operations referred to in Article 3 of Regulation (EC) No 273/2004 and in Article 6(1) of Regulation (EC) No 111/2005;

(x)

an authenticated copy of the Register of companies or activities, where relevant;

(xi)

a certificate of good conduct of the operator concerned and of the responsible officer or a document showing that they offer the necessary guarantee for the proper conduct of the operations or the information allowing the competent authority to obtain such document.

3.   If the operator has already been granted the status of an Authorised Economic Operator in accordance with Article 5a of Council Regulation (EEC) No 2913/92 (4); he may indicate the AEO certificate number when making the application for a licence for the purpose of the competent authority being able to take his AEO status into consideration.

4.   Upon written request from the relevant competent authority, the applicant shall submit any relevant additional information.

5.   Where the applicant is a natural person, points (ii) and (iii) of paragraphs 2(b) shall not apply, and point (iv) of paragraph 2(b) shall only apply where relevant.

6.   Without prejudice to measures adopted in accordance with Article 10(1) of Regulation (EC) No 273/2004 and with Article 26(3) of Regulation (EC) No 111/2005, the competent authority shall refuse the granting of the licence if the conditions set out in Article 3(2)(b) of this Regulation are not fulfilled or if there are reasonable grounds for suspecting that the scheduled substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.

7.   In the case of trade between the Union and third countries referred to in Regulation (EC) No 111/2005, the competent authority may either limit the validity of the licence to a period not exceeding three years or may require operators to demonstrate at intervals not exceeding three years that the conditions under which the licence was granted are still fulfilled.

The validity of licences issued before the entry into force of this Regulation shall not be affected.

8.   A licence shall not be transferable.

9.   The licence holder shall apply for a new licence where any of the following are envisaged:

(a)

the addition of a scheduled substance;

(b)

the start of a new operation;

(c)

the change of the location of the business premises where the operations take place.

In such cases, the existing licence shall cease to be valid on the earlier of the following dates:

(i)

the date of expiry of validity where a term of validity has been fixed in accordance with Article 3(6) of this Regulation or in accordance with Article 3(5) of Regulation (EC) No 273/2004;

(ii)

the date of commencement of validity of the new licence.

10.   Paragraph 9 shall also apply to licences issued before the date of application of this Regulation.

11.   Paragraphs 2 to 6 and 8, 9 and 10 shall also apply for the purpose of obtaining licences pursuant to Article 3(2) of Regulation (EC) No 273/2004, with the exception of special licences.

12.   The public authorities referred to in Article 3(2) and (6) of Regulation (EC) No 273/2004 shall comprise customs, police and official laboratories of competent authorities.

Article 4

Cases where a licence is not required

Pharmacies, dispensaries of veterinary medicine, customs, police, armed forces and official laboratories of competent authorities may be exempted from the requirement of licensing pursuant to Article 6(1) of Regulation (EC) No 111/2005 in so far as these operators use drug precursors within the scope of their official duties.

The operators set out in the first paragraph are also exempted from the following:

(a)

the provision of documentation referred to in Article 3 of Regulation (EC) No 111/2005;

(b)

the obligation to appoint a responsible officer set out in Article 3(1) of this Regulation.

Article 5

Conditions for granting registrations

1.   In order to obtain a registration pursuant to Article 7(1) of Regulation (EC) No 111/2005, the operator shall appoint an officer responsible for the trade in scheduled substances listed in Category 2 of the Annex to that Regulation, notify the competent authority of the name and contact details of that officer and notify them immediately of any subsequent modification of this information.

The responsible officer shall ensure that import, export or intermediary activities take place in compliance with the pertinent legal provisions and shall be empowered to represent the operator and to take the decisions necessary for performing that task.

2.   The operator of scheduled substances of Category 2 of the Annex to Regulation (EC) No 111/2005 shall make an application containing the information and documents as referred to in Article 3(2)(b) with the exception of points (vi), (x) and (xi).of Article 3(2)(b), unless so requested by the competent authority.

The same applies to the operator engaged in the export of scheduled substances of Category 3 of the Annex to Regulation (EC) No 111/2005.

3.   Article 3(3) and (4) shall also apply.

4.   The first subparagraph of paragraph 2 and paragraph 3 shall apply mutatis mutandis to operators and users referred to in Article 3(6) of Regulation (EC) No 273/2004 in respect of scheduled substances of Category 2 of Annex I to that Regulation.

5.   Users of scheduled substances of category 2A of Annex I to Regulation (EC) No 273/2004 shall also provide information on the use of the scheduled substances.

Article 6

Cases where a registration is not required

The following categories may be exempt from the registration requirement pursuant to Article 7(1) of Regulation (EC) No 111/2005:

(a)

pharmacies, dispensaries of veterinary medicine, customs, police, official laboratories of competent authorities and armed forces, insofar as these operators use drug precursors within the scope of their official duties;

(b)

operators engaged in the export of scheduled substances listed in Category 3 of the Annex to Regulation (EC) No 111/2005, if the sum of quantities concerned by their exports during the course of the preceding calendar year (1 January-31 December) does not exceed the amounts specified in Annex I to this Regulation. When those amounts are exceeded within the current calendar year, the operator shall comply with the registration requirement immediately;

(c)

operators engaged in export of mixtures containing scheduled substances listed in Category 3 of the Annex to Regulation (EC) No 111/2005, if the amount of the scheduled substance contained in the mixtures does not exceed, during the course of the preceding calendar year, the amounts specified in Annex I to this Regulation. When those amounts are exceeded within the current calendar year, the operator shall comply with the registration requirement immediately.

Article 7

Conditions for exemptions from certain requirements

For the purposes of Article 6 of Regulation (EC) No 273/2004, customers shall inform their suppliers whether that Article is applicable to them.

Article 8

Criteria for determining the licit purposes of a transaction

1.   The operator shall provide information that the consignment has left the country of export in accordance with the national provisions in force adopted pursuant to Article 12 of the Convention of the United Nations against illicit traffic in Narcotic Drugs and Psychotropic substances (5) to demonstrate the licit purpose of his transaction pursuant to Article 8(1) of Regulation (EC) No 111/2005.

2.   For that purpose, the operator shall either use the model set out in Annex II to this Regulation or present the import authorisation referred to in Article 20 of Regulation (EC) No 111/2005 or the customer declaration referred to in Article 4 of Regulation (EC) No 273/2004.

Article 9

Information required to monitor trade

1.   For the purposes of Article 8(2) of Regulation (EC) No 273/2004 operators shall inform the competent authorities in a summary form of the quantities of scheduled substances used or supplied and, in the case of supply, of the quantity supplied to each third party.

For scheduled substances of Category 3 of Annex I to Regulation (EC) No 273/2004, the first paragraph shall apply only upon request by the competent authorities.

2.   For the purposes of Article 9(2) of Regulation (EC) No 111/2005, operators shall inform the competent authorities about the following:

(a)

exports of scheduled substances subject to an export authorisation;

(b)

all imports of scheduled substances of Category 1 of the Annex to Regulation (EC) No 111/2005 requiring an import authorisation or all cases where scheduled substances of Category 2 of the Annex to Regulation (EC) No 111/2005 are entered into a free zone of control type II, placed into a suspensive procedure other than transit, or released for free circulation;

(c)

all intermediary activities involving scheduled substances of Categories 1 and 2 of the Annex to Regulation (EC) No 111/2005.

3.   The information referred to in paragraph 2(a) shall be organised by making reference to the countries of destination, quantities exported and the reference numbers of the export authorisations as the case may be.

4.   The information referred to in paragraph 2(b) shall be organised by making reference to the third country of export and the reference number of the import authorisations as the case may be.

5.   The information referred to in paragraph 2(c) shall be organised by making reference to the third countries involved in these intermediary activities and the export or import authorisation as the case may be. Operators shall provide further information, upon request of the competent authorities.

6.   The competent authorities shall treat the information referred to in this Article as confidential business information.

Article 10

Conditions for determining the lists of the countries of destination for exports of scheduled substances of Categories 2 and 3

The lists referred to in Article 11(1) of Regulation (EC) No 111/2005 shall include all of the following:

(a)

third countries with whom the Union has concluded a specific agreement on drug precursors;

(b)

third countries which have requested to receive pre-export notifications in accordance with Article 12(10) of the 1988 United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances;

(c)

third countries which have requested to receive pre-export notifications in accordance with Article 24 of the 1988 United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances.

The lists of the specific countries of destination for export of scheduled substances listed in Categories 2 and 3 of the Annex referred to in points (a), (b) and (c) shall be published on the website of the Commission.

Article 11

Criteria for determining simplified procedures for pre-export notifications

1.   Pursuant to Article 11(3) of Regulation (EC) No 111/2005, the competent authority may send a simplified pre-export notification covering several export operations carried out within a specific time period of either 6 or 12 months, in case of exports intended for the simplified export authorisation procedure.

2.   The competent authority of the country of export shall supply the information specified in Article 13(1) of Regulation (EC) No 111/2005 to the competent authority of the third country of destination.

3.   The competent authority shall inform the country of destination accordingly and use to that purpose the PEN-online system or the ‘Multilateral Chemical Reporting Notification’ set out in Annex III of this Regulation.

Article 12

Criteria for determining simplified procedures for export authorisations

1.   Following an application by the operator concerned the competent authority may grant an export authorisation by simplified procedure pursuant to Article 19 of Regulation (EC) No 111/2005 in cases of frequent exports of one specific scheduled substance listed in Categories 3 and 4 of the Annex to that Regulation involving the same exporter established in the Union and the same importer in the same third country of destination covering a specific time period of either 6 or 12 months.

Such simplified export authorisation may only be granted in the following cases:

(a)

where during previous exports the operator has shown the capacity to fulfil all obligations in relation to those exports, and has not committed any offences against relevant legislation;

(b)

where the competent authority can satisfy itself as to the licit purposes of those export operations.

2.   The application for a simplified export authorisation shall contain at least the following:

(a)

the names and addresses of the exporter, the importer in the third country, and the ultimate consignee;

(b)

the name of the scheduled substance, as stated in the Annex to Regulation (EC) No 111/2005, or, in the case of a mixture or natural product, its name and CN code and the name of any scheduled substance, as stated in the Annex to Regulation (EC) No 111/2005, contained in the mixture or natural product;

(c)

the maximum quantity of the scheduled substance intended for export;

(d)

the intended specific time period for the export operations.

3.   The competent authority shall take the decision on the application for simplified export authorisation within a period of 15 working days from the date on which it received the required information.

4.   In case of emergency medical care, where the conditions under paragraph 1 (a) and (b) of this Article are fulfilled, the competent authority shall take the decision on the application for simplified export authorisation for exports of scheduled substances of Category 4 listed in the Annex to Regulation (EC) No 111/2005 immediately or at the latest within 3 working days after receipt of the application.

Article 13

Conditions and requirements concerning the information to be provided on the implementation of the monitoring measures

1.   Member States shall submit the communications referred to in Article 32(1) of Regulation (EC) No 111/2005 and Article 13(1) of Regulation (EC) No 273/2004 to the Commission, in the month following each calendar quarter. The communications shall contain the information on all cases where the release of scheduled and non-scheduled substances was suspended or the scheduled and non-scheduled substances were detained.

2.   That information shall include the following:

(a)

the name of the substances;

(b)

if known, the origin, provenance and destination of the substances;

(c)

the quantity of the substances, their customs status and the means of transport used.

3.   At the end of every calendar year, the Commission shall communicate to all Member States the information received pursuant to paragraph 1.

Article 14

Repeal

Regulation (EC) No 1277/2005 is repealed.

Article 15

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

It shall apply from 1 July 2015.

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

Done at Brussels, 24 April 2015.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 47, 18.2.2004, p. 1.

(2)  OJ L 22, 26.1.2005, p. 1.

(3)  Commission Regulation (EC) No 1277/2005 of 27 July 2005 laying down implementing rules for Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and for Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors (OJ L 202, 3.8.2005, p. 7).

(4)  Council Regulation (EEC) No 2913/92 establishing the Community Customs Code of 12 October 1992 (OJ L 302, 19.10.1992, p. 1).

(5)  Council Decision of 22 October 1990 (OJ L 326, 24.11.1990, p. 56).


ANNEX I

Substance

Quantity

Acetone (1)

50 kg

Ethyl ether (1)

20 kg

Methylethylketone (1)

50 kg

Toluene (1)

50 kg

Sulphuric acid

100 kg

Hydrochloric acid

100 kg


(1)  The salts of these substances whenever the existence of such salts is possible.


ANNEX II

Image

Notes

1.

The layout of the model is not binding.

2.

The order numbers and the text of the model are binding.

3.   Personal data protection

Where the European Commission processes personal data contained in this document, Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community Institutions and bodies and on the free movement of such data will apply.

Where the competent authority of a Member State processes personal data contained in this document, the national provisions implementing Directive 95/46/EC will apply.

The purpose of the processing of personal data is the monitoring of trade in drug precursors within the Union in accordance to Regulation (EC) No 273/2004 as amended by Regulation (EU) No 1258/2013, and between the Union and third countries in accordance with Regulation (EC) No 111/2005, as amended by Regulation (EU) No 1259/2013.

The controller with respect to the processing of the data is the national competent authority where the present document has been submitted. The list of competent authorities is published on the website of the Commission:

http://ec.europa.eu/taxation_customs/resources/documents/customs/customs_controls/drugs_precursors/legislation/national_competent_authorities.pdf

In accordance with Article 17 of Regulation (EC) No 111/2005 laying down rules for the monitoring of trade in drug precursors between the Union and third countries, without prejudice to applicable provisions on data protection in the Union and for the purpose of controlling and monitoring certain substances frequently used for the illicit manufacture of narcotic drugs or psychotropic substances, the Commission and the competent authorities of the Member States may share personal data and information contained in the present document with the relevant authorities in third countries.

The data subject has a right of access to the personal data relating to him or her that will be processed and, where appropriate, the right to rectify erase or block personal data in accordance with Regulation (EC) No 45/2001 or the national laws implementing Directive 95/46/EC.

All requests for the exercise of the right of access, rectification, erasure or blocking shall be submitted to and processed by the competent authorities where the present document was submitted.

The legal basis for processing the personal data is Article 33 of Regulation (EC) No 111/2005 and Article 13b of Regulation (EC) No 273/2004.

Personal data contained in the present document shall not be retained longer than necessary for the purposes for which it was collected.

Complaints, in case of conflict, can be addressed to the relevant national data protection authority. The contact details of the national data protection authorities are available on the web-site of the European Commission, Directorate-General for Justice (http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm#h2-1).

Where the complaint concerns processing of personal data by the European Commission, it should be addressed to the European Data Protection Supervisor:

(http://www.edps.europa.eu/EDPSWEB/).


ANNEX III

Image

Notes

1.

The layout of the model is not binding.

2.

The order numbers and the text of the model are binding. The completion of the boxes marked in bold is mandatory.

3.

Further details of the boxes:

 

Box ‘Part A’: Indicate whether the MCRN covers one or several export operations. Where it covers several operations, indicate the intended time frame.

 

Box 14 (quantity and weight): In the case of a MCRN to cover several export operations, indicate the maximum quantity and weight.

 

Item 18 (Departure date): In the case of a MCRN to cover several export operations, this box must be filled out indicating the final estimated departure date.

4.   Personal data protection

Where the European Commission processes personal data contained in this document, Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community Institutions and bodies and on the free movement of such data will apply.

Where the competent authority of a Member State processes personal data contained in this document, the national provisions implementing Directive 95/46/EC will apply.

The purpose of the processing of personal data is the monitoring of trade in drug precursors within the Union in accordance to Regulation (EC) No 273/2004 as amended by Regulation (EU) No 1258/2013, and between the Union and third countries in accordance with Regulation (EC) No 111/2005, as amended by Regulation (EU) No 1259/2013.

The controller with respect to the processing of the data is the national competent authority where the present document has been submitted. The list of competent authorities is published on the website of the Commission:

http://ec.europa.eu/taxation_customs/resources/documents/customs/customs_controls/drugs_precursors/legislation/national_competent_authorities.pdf

In accordance with Article 17 of Regulation (EC) No 111/2005 laying down rules for the monitoring of trade in drug precursors between the Union and third countries, without prejudice to applicable provisions on data protection in the Union and for the purpose of controlling and monitoring certain substances frequently used for the illicit manufacture of narcotic drugs or psychotropic substances, the Commission and the competent authorities of the Member States may share personal data and information contained in the present document with the relevant authorities in third countries.

The data subject has a right of access to the personal data relating to him or her that will be processed and, where appropriate, the right to rectify erase or block personal data in accordance with Regulation (EC) No 45/2001 or the national laws implementing Directive 95/46/EC.

All requests for the exercise of the right of access, rectification, erasure or blocking shall be submitted to and processed by the competent authorities where the present document was submitted.

The legal basis for processing the personal data is Article 33 of Regulation (EC) No 111/2005 and Article 13b of Regulation (EC) No 273/2004.

Personal data contained in the present document shall not be retained longer than necessary for the purposes for which it was collected.

Complaints, in case of conflict, can be addressed to the relevant national data protection authority. The contact details of the national data protection authorities are available on the web-site of the European Commission, Directorate-General for Justice (http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm#h2-1).

Where the complaint concerns processing of personal data by the European Commission, it should be addressed to the European Data Protection Supervisor:

(http://www.edps.europa.eu/EDPSWEB/).


27.6.2015   

EN

Official Journal of the European Union

L 162/26


COMMISSION IMPLEMENTING REGULATION (EU) 2015/1012

of 23 June 2015

amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin

(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 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 15(5) thereof,

Whereas:

(1)

Commission Regulation (EC) No 669/2009 (2) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004.

(2)

Article 2 of Regulation (EC) No 669/2009 provides that the list is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article.

(3)

The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed, the findings of audits to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended.

(4)

In particular, the list should be amended by deleting the entries for commodities for which the available information indicates an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official controls is therefore no longer justified. The entry in the list concerning beans from Kenya should therefore be deleted.

(5)

In addition, the list should be amended by increasing the frequency of official controls for the commodities for which the same sources of information show a higher degree of non-compliance with the relevant Union legislation, thereby warranting an increased level of official controls. The entries in the list concerning coriander leaves, basil, mint, parsley, chilli peppers and okra from Vietnam, and vine leaves from Turkey, should therefore be amended accordingly.

(6)

In order to ensure consistency and clarity, it is appropriate to replace Annex I to Regulation (EC) No 669/2009 by the text set out in the Annex to this Regulation.

(7)

Regulation (EC) No 669/2009 should therefore be amended accordingly.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 669/2009 is replaced by the text set out in the Annex to this Regulation.

Article 2

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

It shall apply from 1 July 2015.

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

Done at Brussels, 23 June 2015.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 165, 30.4.2004, p. 1.

(2)  Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (OJ L 194, 25.7.2009, p. 11).


ANNEX

‘ANNEX I

Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry

Feed and food

(intended use)

CN code (1)

TARIC sub-division

Country of origin

Hazard

Frequency of physical and identity checks (%)

Dried grapes (vine fruit)

0806 20

 

Afghanistan (AF)

Ochratoxin A

50

(Food)

 

 

Almonds, in shell

0802 11

 

Australia (AU)

Aflatoxins

20

Almonds, shelled

0802 12

 

(Food)

 

 

Groundnuts (peanuts), in shell

1202 41 00

 

Brazil (BR)

Aflatoxins

10

Groundnuts (peanuts), shelled

1202 42 00

 

Peanut butter

2008 11 10

 

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91;

2008 11 96;

2008 11 98

 

(Feed and food)

 

 

Yardlong beans (Vigna unguiculata spp. sesquipedalis)

ex 0708 20 00;

ex 0710 22 00

10

10

Cambodia (KH)

Pesticide residues (2)  (3)

50

Aubergines

0709 30 00;

ex 0710 80 95

72

(Food — fresh, chilled or frozen vegetables)

 

 

Chinese celery (Apium graveolens)

ex 0709 40 00

20

Cambodia (KH)

Pesticide residues (2)  (4)

50

(Food — fresh or chilled herb)

 

 

Brassica oleracea (other edible Brassica, “Chinese Broccoli”) (5)

ex 0704 90 90

40

China (CN)

Pesticide residues (2)

50

(Food — fresh or chilled)

 

 

Tea, whether or not flavoured

0902

 

China (CN)

Pesticide residues (2)  (6)

10

(Food)

 

 

Aubergines

0709 30 00;

ex 0710 80 95

72

Dominican Republic (DO)

Pesticide residues (2)  (7)

10

Bitter melon (Momordica charantia)

ex 0709 99 90;

ex 0710 80 95

70

70

(Food — fresh, chilled or frozen vegetables)

 

 

Yardlong beans (Vigna unguiculata spp. sesquipedalis)

ex 0708 20 00;

ex 0710 22 00

10

10

Dominican Republic (DO)

Pesticide residues (2)  (7)

20

Peppers (sweet and other than sweet) (Capsicum spp.)

0709 60 10;

ex 0709 60 99

20

(Food — fresh, chilled or frozen vegetables)

0710 80 51;

ex 0710 80 59

20

Strawberries (fresh)

0810 10 00

 

Egypt (EG)

Pesticide residues (2)  (8)

10

(Food)

 

 

Peppers (sweet and other than sweet) (Capsicum spp.)

0709 60 10;

ex 0709 60 99;

20

Egypt (EG)

Pesticide residues (2)  (9)

10

(Food — fresh, chilled or frozen)

0710 80 51;

ex 0710 80 59

20

Betel leaves (Piper betle L.)

ex 1404 90 00

10

India (IN)

Salmonella (10)

50

(Food)

 

 

Sesamum seeds

1207 40 90

 

India (IN)

Salmonella (10)

20

(Food — fresh or chilled)

 

 

Capsicum annuum, whole

0904 21 10

 

India (IN)

Aflatoxins

20

Capsicum annuum, crushed or ground

ex 0904 22 00

10

Dried fruit of the genus Capsicum, whole, other than sweet peppers (Capsicum annuum)

0904 21 90

 

Nutmeg (Myristica fragrans)

0908 11 00;

0908 12 00

 

(Food — dried spices)

 

 

Enzymes; prepared enzymes

3507

 

India (IN)

Chloramphenicol

50

(Feed and food)

 

 

Nutmeg (Myristica fragrans)

0908 11 00;

0908 12 00

 

Indonesia (ID)

Aflatoxins

20

(Food — dried spices)

 

 

Peas with pods (unshelled)

ex 0708 10 00

40

Kenya (KE)

Pesticide residues (2)  (11)

10

(Food — fresh or chilled)

 

 

Mint

ex 1211 90 86;

30

Morocco (MA)

Pesticide residues (2)  (12)

10

(Food — fresh or chilled herb)

ex 2008 99 99

70

Table grapes

0806 10 10

 

Peru (PE)

Pesticide residues (2)  (13)

10

(Food — fresh)

 

 

Watermelon (Egusi, Citrullus lanatus) seeds and derived products

ex 1207 70 00;

ex 1106 30 90;

ex 2008 99 99

10

30

50

Sierra Leone (SL)

Aflatoxins

50

(Food)

 

 

Groundnuts (peanuts), in shell

1202 41 00

 

Sudan (SD)

Aflatoxins

50

Groundnuts (peanuts), shelled

1202 42 00

 

Peanut butter

2008 11 10

 

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91;

2008 11 96;

2008 11 98

 

(Feed and food)

 

 

Peppers (other than sweet) (Capsicum spp.)

ex 0709 60 99

20

Thailand (TH)

Pesticide residues (2)  (14)

10

(Food — fresh or chilled)

 

 

Betel leaves (Piper betle L.)

ex 1404 90 00

10

Thailand (TH)

Salmonella (10)

50

(Food)

 

 

Yardlong beans (Vigna unguiculata spp. sesquipedalis)

ex 0708 20 00;

ex 0710 22 00

10

10

Thailand (TH)

Pesticide residues (2)  (15)

20

Aubergines

0709 30 00;

ex 0710 80 95

72

(Food — fresh, chilled or frozen vegetables)

 

 

Dried apricots

0813 10 00

 

Turkey (TR)

Sulphites (16)

10

Apricots, otherwise prepared or preserved

2008 50 61

 

(Food)

 

 

Sweet peppers (Capsicum annuum)

0709 60 10;

0710 80 51

 

Turkey (TR)

Pesticide residues (2)  (17)

10

(Food — fresh, chilled or frozen vegetables)

 

 

Vine leaves

ex 2008 99 99

11; 19

Turkey (TR)

Pesticide residues (2)  (18)

50

(Food)

 

 

Pistachios, in shell

0802 51 00

 

United States (US)

Aflatoxins

20

Pistachios, shelled

0802 52 00

 

(Food)

 

 

Dried apricots

0813 10 00

 

Uzbekistan (UZ)

Sulphites (16)

50

Apricots, otherwise prepared or preserved

2008 50 61

 

(Food)

 

 

Dried grapes (vine fruit)

0806 20

 

Uzbekistan (UZ)

Ochratoxin A

50

(Food)

 

 

Coriander leaves

ex 0709 99 90

72

Vietnam (VN)

Pesticide residues (2)  (19)

50

Basil (holy, sweet)

ex 1211 90 86;

ex 2008 99 99

20

75

Mint

ex 1211 90 86;

ex 2008 99 99

30

70

Parsley

ex 0709 99 90

40

(Food — fresh or chilled herbs)

 

 

Okra

ex 0709 99 90

20

Vietnam (VN)

Pesticide residues (2)  (19)

50

Peppers (other than sweet)(Capsicum spp.)

ex 0709 60 99

20

(Food — fresh or chilled)

 

 

Pitahaya (dragon fruit)

ex 0810 90 20

10

Vietnam (VN)

Pesticide residues (2)  (19)

20

(Food — fresh or chilled)

 

 


(1)  Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists, the CN code is marked “ex”.

(2)  Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1) that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).

(3)  Residues of Chlorbufam.

(4)  Residues of Phenthoate.

(5)  Species of Brassica oleracea L. convar. Botrytis (L) Alef var.Italica Plenck, cultivar alboglabra. Also known as “Kai Lan”, “Gai Lan”, “Gailan”, “Kailan”, “Chinese bare Jielan”.

(6)  Residues of Trifluralin.

(7)  Residues of Acephate, Aldicarb (sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb), Amitraz (amitraz including the metabolites containing the 2,4-dimethylaniline moiety expressed as amitraz), Diafenthiuron, Dicofol (sum of p, p′ and o,p′ isomers), Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb).

(8)  Residues of Hexaflumuron, Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb), Phenthoate and Thiophanate-methyl.

(9)  Residues of Dicofol (sum of p, p′ and o,p′ isomers), Dinotefuran, Folpet, Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz), Thiophanate-methyl and Triforine.

(10)  Reference method EN/ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1).

(11)  Residues of Acephate and Diafenthiuron.

(12)  Residues of Flubendiamide.

(13)  Residues of Ethephon.

(14)  Residues of Formetanate: Sum of formetanate and its salts expressed as formetanate(hydrochloride), Prothiofos and Triforine.

(15)  Residues of Acephate, Dicrotophos, Prothiofos, Quinalphos and Triforine.

(16)  Reference methods: EN 1988-1:1998, EN 1988-2:1998 or ISO 5522:1981.

(17)  Residues of Diafenthiuron, Formetanate: Sum of formetanate and its salts expressed as formetanate(hydrochloride) and Thiophanate-methyl.

(18)  Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and Metrafenone.

(19)  Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.’


27.6.2015   

EN

Official Journal of the European Union

L 162/33


COMMISSION IMPLEMENTING REGULATION (EU) 2015/1013

of 25 June 2015

laying down rules in respect of Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and of Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors

(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 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors (1), and in particular Article 14 thereof,

Having regard to Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Union and third countries in drug precursors (2), and in particular Article 6(3), the third subparagraph of Article 9(2) and Article 28 thereof,

Whereas:

(1)

Commission Regulation (EC) No 1277/2005 (3) lays down provisions for the implementation of Regulation (EC) No 273/2004 and Regulation (EC) No 111/2005 in the field of drug precursors. Both Regulation (EC) No 273/2004 and Regulation (EC) No 111/2005 have been amended after the adoption of Regulation (EC) No 1277/2005 so as to include empowerments to adopt delegated and implementing acts pursuant to Articles 290 and 291 of the Treaty. Therefore, new rules should be adopted in accordance with the new empowerments.

(2)

Although Regulation (EC) No 273/2004 deals with domestic trade and Regulation (EC) No 111/2005 deals with international trade, many of the provisions are common to both Regulations. In order to ensure coherence, it is justified to adopt a single implementing act covering both Regulations.

(3)

In order to ensure legal certainty and a coherent enforcement of the provisions of this Regulation, it is necessary to give a definition of ‘business premises’.

(4)

The existing provisions regarding the procedural rules for granting licences, the procedure and format for providing information required to monitor trade, and the format and handling of import and export authorisations have proven to be effective and should therefore, in essence on substance, continue to apply by virtue of this Regulation.

(5)

The procedural rules for granting registration to operators and users, as defined in Regulation (EC) No 273/2004 and Regulation (EC) No 111/2005, should reflect those for granting licences.

(6)

In order to ensure data quality and coherence, and avoid duplication, in the information fed into the European database on drug precursors, each Member State should establish one single contact point transmitting the information to the database. Information should be transmitted without undue delay. Information on a licence or a registration should include the elements necessary for identifying the operator or user holding the licence or registration, as well as the substance(s) covered. Access to the information should be restricted to the minimum necessary for the public authorities' performance of their duties.

(7)

Transitional rules should allow the use of paper forms issued before the entry into force of this Regulation in compliance with previous rules until the stocks of such paper forms have been exhausted.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Drug Precursors Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down uniform procedural rules for the implementation of Regulation (EC) No 273/2004 and of Regulation (EC) No 111/2005 as regards the licensing and registration of operators and users and their listing in the European database on drug precursors, the provision by operators of information required to monitor trade and authorisation of exports and imports in the field of drug precursors.

Article 2

Definitions

For the purposes of this Regulation, ‘business premises’ shall mean building(s) together with the land occupied by an operator at each single location.

Article 3

Licence granting procedure

1.   An operator or user shall submit to the competent authority an application to obtain a licence referred to in Article 3(2) of Regulation (EC) No 273/2004 or Article 6(1) of Regulation (EC) No 111/2005, electronically or in writing as prescribed by the Member State concerned.

An application shall be deemed to be complete when it contains all the information listed in Article 3(2)(b) of Commission Delegated Regulation (EU) 2015/1011 (4).

2.   When assessing an application to obtain a licence, the competent authority may also take into consideration the results of any previous assessments or audits carried out on the applying operator holding the status of Authorised Economic Operator (AEO) as defined in Article 5a of Council Regulation (EEC) No 2913/92 (5), to the extent they are relevant for the examination of the conditions for granting a licence.

By derogation from Article 3(1) of this Regulation, the competent authority may authorise operators holding the status of AEO not to submit all the information listed in Article 3(2)(b) of Delegated Regulation (EU) 2015/1011 when they are submitting an application.

3.   The competent authority shall first assess the completeness of an application.

Where an application is not deemed to be complete, the competent authority shall indicate so to the applicant and invite that applicant to provide any missing or relevant additional information.

Where an application is deemed to be complete, the competent authority shall confirm the receipt of a complete application to the applicant.

4.   The competent authority shall take a decision to grant or not to grant a licence within 60 working days from the date of receipt of a complete application in the case of a new licence, and within 30 working days in the case of a renewal of a licence.

5.   Any decision not to grant a licence shall be reasoned and notified to the applicant electronically or in writing.

6.   The licence may cover the operations referred to in Regulation (EC) No 273/2004 and Regulation (EC) No 111/2005.

Article 4

Scope of the licence

The competent authority may grant a licence:

(a)

to cover all scheduled substances and all operations per business premises; or

(b)

to cover all scheduled substances and all operations per Member State.

Article 5

Format of the licence

A licence referred to in Article 3(2) of Regulation (EC) No 273/2004 or Article 6(1) of Regulation (EC) No 111/2005 shall be issued in the format set out in Annex I to this Regulation.

Article 6

Subsequent changes

Where, after a licence has been granted, information provided in the application for that licence, other than information referred to in Article 3(9) of Delegated Regulation (EU) 2015/1011, has changed, the licence holder shall inform the competent authority electronically or in writing within 10 working days following the change.

Where, after the change, the conditions referred to in Article 3 of Delegated Regulation (EU) 2015/1011 continue to be fulfilled, and the information to be changed is contained in the licence, the competent authority shall amend the licence accordingly.

Article 7

Validity, suspension and revocation of licences

1.   Where the validity of a licence has expired, or where a license has been revoked, the licence holder shall return a licence which is no longer valid to the competent authority within 10 working days following the date of expiry of validity or the date of revocation.

2.   Where a competent authority decides to suspend or revoke a licence, the decision shall be submitted to the licence holder electronically or in writing and shall specify the grounds that justify the suspension or revocation.

Article 8

Special licences

Articles 3 to 7 of this Regulation shall not apply to special licences referred to in Article 3(2) of Regulation (EC) No 273/2004.

Article 9

Registration procedure

1.   Articles 3, 4, 6 and 7 shall apply to the procedure for registration pursuant to Article 3(6) of Regulation (EC) No 273/2004 or Article 7(1) of Regulation (EC) No 111/2005.

2.   Registration pursuant to Article 3(6) of Regulation (EC) No 273/2004 or Article 7(1) of Regulation (EC) No 111/2005 shall be granted in the format set out in Annex II.

3.   By way of derogation from paragraph 2, the competent authority may grant registration on a form printed before the date of entry into force of this Regulation and complying with national rules in place before the date of entry into force of this Regulation until the stocks are exhausted.

4.   Paragraphs 1, 2 and 3 shall not apply to special registrations referred to in Article 3(6) of Regulation (EC) No 273/2004.

Article 10

Information required to monitor trade

1.   Operators shall provide the information referred to in Article 8(2) of Regulation (EC) No 273/2004 electronically or in writing, as prescribed by the Member State concerned, before 15 February of each calendar year for scheduled substances of Categories 1 and 2 of Annex I to that Regulation.

2.   Operators shall provide the information referred to in Article 9(2) of Regulation (EC) No 111/2005 electronically or in writing, as prescribed by the Member State concerned, before 15 February of each calendar year.

3.   An operator shall submit the annual reports referred to in paragraphs 1 and 2 even where no transactions have taken place in a given year.

Article 11

Export and import authorisations

1.   The export and import authorisations referred to in Article 28 of Regulation (EC) No 111/2005 shall have the format set out in Annex III or IV to this Regulation, respectively.

By way of derogation from the first subparagraph, the box relating to the authorisation number may have a different format in cases where the export or import authorisation is granted by electronic means.

2.   An export authorisation shall be established in four copies numbered 1 to 4. Copy No 1 shall be kept by the authority issuing the authorisation. Copies No 2 and No 3 shall accompany the scheduled substance and be presented to the customs office where the customs export declaration is made, and subsequently to the competent authority at the point of exit from the customs territory of the Union. The competent authority at the point of exit shall return Copy No 2 to the issuing authority. Copy No 3 shall accompany the scheduled substances to the competent authority of the importing country. Copy No 4 shall be kept by the exporter.

3.   An import authorisation shall be established in four copies numbered 1 to 4. Copy No 1 shall be kept by the authority issuing the authorisation. Copy No 2 shall be sent to the competent authority of the exporting country by the issuing authority. Copy No 3 shall accompany the scheduled substance from the point of entry into the customs territory of the Union to the business premises of the importer, who shall send this copy to the issuing authority. Copy No 4 shall be kept by the importer.

4.   One single export or import authorisation shall not cover more than two scheduled substances.

5.   An authorisation shall be issued in one or more of the official languages of the Union. Unless it is granted by electronic means, it shall have A4 format and a printed guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

6.   A Member State may print the authorisation forms itself or have them printed by printers approved by it. In the latter case, each authorisation form must include a reference of such approval and bear the name and address of the printer or a mark by which the printer can be identified.

7.   By way of derogation from paragraphs 1-6, a Member State may issue an export or import authorisation on a form printed before the date of entry into force of this Regulation and complying with Commission Regulation (EC) No 1277/2005 until the stocks are exhausted.

8.   Export authorisations granted by simplified procedure shall be established using copies No 1, 2 and 4 of the form set out in Annex III. Copy No 1 shall be kept by the authority issuing the authorisation. Copy No 2 and Copy No 4 shall remain with the exporter. The exporter shall indicate details of each export operation on the back side of Copy No 2, in particular the quantity of the scheduled substance of each export operation and the remaining quantity. Copy No 2 shall be presented to the customs office when the customs declaration is made. That customs office shall confirm the details and return Copy No 2 to the exporter.

9.   The operator shall enter the authorisation number and the words ‘simplified export authorisation procedure’ on the customs declaration for each export operation. Where the customs office of exit is not at the point of exit from the customs territory of the Union, the information shall be provided on the documents accompanying the export consignment.

10.   The exporter shall return Copy No 2 to the issuing authority at the latest 10 working days following the expiry of the period of validity of the export authorisation granted by simplified procedure.

Article 12

Listing of operators and users in the European database on drug precursors

1.   For the purpose of listing in the European database on drug precursors operators and users which have obtained a licence or registration pursuant to Article 3(7) of Regulation (EC) No 273/2004, each Member State shall nominate one contact point and communicate the contact details to the Commission.

2.   The responsible contact point shall transmit the relevant information electronically within 30 working days of having issued the license or the registration. Where the concerned operator or user communicates changes to the relevant information to the competent authority, or where a license or a registration is suspended or revoked, the responsible contact point shall update the information within 30 working days of accepting the changes or suspending or revoking the license or the registration.

3.   The Commission shall ensure that:

(a)

the electronic transmission of information is secure;

(b)

the database is restricted and accessible only to the appointed officers designated by the Member States and to the Commission officials responsible for the European database.

4.   The Commission and the competent authorities shall take all necessary measures to ensure that the information on operators and users listed in the database is used only for the purpose of the official duties of the appointed officers and of the Commission officials.

5.   Information on operators and users shall include the full name, the address, the licence or registration number, the validity status of the licence or registration, and the name and CN code of the scheduled substances which are covered by the respective licence or registration.

6.   The Commission shall keep information on licences and registrations which have expired or have been revoked available in the database for at least three years following the date of expiry of validity or of revocation.

Article 13

Entry into force and application

This Regulation shall enter into force on the third 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, 25 June 2015.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 47, 18.2.2004, p. 1.

(2)  OJ L 22, 26.1.2005, p. 1.

(3)  Commission Regulation (EC) No 1277/2005 of 27 July 2005 laying down implementing rules for Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and for Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors (OJ L 202, 3.8.2005, p. 7).

(4)  Commission Delegated Regulation (EU) 2015/1011 of 24 April 2015 supplementing Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors, and repealing Commission Regulation (EC) No 1277/2005 (see page 12 of this Official Journal).

(5)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).


ANNEX I

Image

Notes

1.

The layout of the model is not binding.

2.

The order numbers and the text of the model are binding. The completion of the boxes marked in bold is mandatory.

3.

Details of the boxes:

 

Box 1 (Licence holder): The name of the responsible officer may be added.

 

Box 3 (validity/end): Specify the term of validity or whether licence holders are obliged to demonstrate at intervals not exceeding three years that the conditions under which the licence was granted are still fulfilled.

 

Box 4 (scheduled substances): Name of the scheduled substance as stated in the Annex, or, in the case of a mixture or a natural product, its name and the name of any scheduled substance, as stated in the Annex, contained in the mixture or in the natural product. Indicate salts, where appropriate.

 

Box 4 (CN code): In addition to the CN code, the CAS number may be added.

 

Box 4 (operation): Specify export, import and/or intermediary activities. In the case of import, specify whether storage, working, processing, use, usual forms of handling and/or release for free circulation, where appropriate. For operations covered by Regulation (EC) No 273/2004, specify: storage, production, manufacture, processing, trade, distribution and/or brokering.

 

Box 4 (business premises): In the case of intermediary activities referred to in Article 2 of Regulation (EC) No 111/2005, the business premises need not be specified.

4.

The Member States may provide for boxes for national purposes. These boxes shall be indicated by an order number followed by a capital letter (e.g. 4A).

5.   Personal data protection

Where the European Commission processes personal data contained in this document, Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community Institutions and bodies and on the free movement of such data will apply.

Where the competent authority of a Member State processes personal data contained in this document, the national provisions implementing Directive 95/46/EC will apply.

The purpose of the processing of personal data is the monitoring of trade in drug precursors within the Union in accordance to Regulation (EC) No 273/2004 as amended by Regulation (EU) No 1258/2013, and between the Union and third countries in accordance with Regulation (EC) No 111/2005, as amended by Regulation (EU) No 1259/2013.

The controller with respect to the processing of the data is the national competent authority where the present document has been submitted. The list of competent authorities is published on the website of the Commission:

http://ec.europa.eu/taxation_customs/resources/documents/customs/customs_controls/drugs_precursors/legislation/national_competent_authorities.pdf

In accordance with Article 17 of Regulation (EC) No 111/2005 laying down rules for the monitoring of trade in drug precursors between the Union and third countries, without prejudice to applicable provisions on data protection in the Union and for the purpose of controlling and monitoring certain substances frequently used for the illicit manufacture of narcotic drugs or psychotropic substances, the Commission and the competent authorities of the Member States may share personal data and information contained in the present document with the relevant authorities in third countries.

The data subject has a right of access to the personal data relating to him or her that will be processed and, where appropriate, the right to rectify erase or block personal data in accordance with Regulation (EC) No 45/2001 or the national laws implementing Directive 95/46/EC.

All requests for the exercise of the right of access, rectification, erasure or blocking shall be submitted to and processed by the competent authorities where the present document was submitted.

The legal basis for processing the personal data is Article 33 of Regulation (EC) No 111/2005 and Article 13b of Regulation (EC) No 273/2004.

Personal data contained in the present document shall not be retained longer than necessary for the purposes for which it was collected.

Complaints, in case of conflict, can be addressed to the relevant national data protection authority. The contact details of the national data protection authorities are available on the web-site of the European Commission, Directorate-General for Justice: (http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm#h2-1)

Where the complaint concerns processing of personal data by the European Commission, it should be addressed to the European Data Protection Supervisor: (http://www.edps.europa.eu/EDPSWEB/).


ANNEX II

Image

Notes

1.

The layout of the model is not binding.

2.

The order numbers and the text of the model are binding. The completion of the boxes marked in bold is mandatory.

3.

Details of the boxes:

 

Box 1 (Registration holder): The name of the responsible officer may be added.

 

Box 3 (validity/end): Specify the beginning and, where relevant, the end of validity.

 

Box 4 (scheduled substances): Name of the scheduled substance as stated in the Annex, or, in the case of a mixture or a natural product, its name and the name of any scheduled substance, as stated in the Annex, contained in the mixture or in the natural product. Indicate salts, where appropriate.

 

Box 4 (CN code): In addition to the CN code, the CAS number may be added.

 

Box 4 (operation): Specify export, import and/or intermediary activities. In the case of import, specify whether storage, working, processing, use, usual forms of handling and/or release for free circulation, where appropriate. For operations covered by Regulation (EC) No 273/2004, specify: storage, production, manufacture, processing, trade, distribution and/or brokering.

 

Box 4 (business premises): In the case of intermediary activities referred to in Article 2 of Regulation (EC) No 111/2005, the business premises need not be specified.

4.

The Member States may provide for boxes for national purposes. These boxes shall be indicated by an order number followed by a capital letter (e.g. 4A).

5.   Personal data protection

Where the European Commission processes personal data contained in this document, Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community Institutions and bodies and on the free movement of such data will apply.

Where the competent authority of a Member State processes personal data contained in this document, the national provisions implementing Directive 95/46/EC will apply.

The purpose of the processing of personal data is the monitoring of trade in drug precursors within the Union in accordance to Regulation (EC) No 273/2004 as amended by Regulation (EU) No 1258/2013, and between the Union and third countries in accordance with Regulation (EC) No 111/2005, as amended by Regulation (EU) No 1259/2013.

The controller with respect to the processing of the data is the national competent authority where the present document has been submitted. The list of competent authorities is published on the website of the Commission:

http://ec.europa.eu/taxation_customs/resources/documents/customs/customs_controls/drugs_precursors/legislation/national_competent_authorities.pdf

In accordance with Article 17 of Regulation (EC) No 111/2005 laying down rules for the monitoring of trade in drug precursors between the Union and third countries, without prejudice to applicable provisions on data protection in the Union and for the purpose of controlling and monitoring certain substances frequently used for the illicit manufacture of narcotic drugs or psychotropic substances, the Commission and the competent authorities of the Member States may share personal data and information contained in the present document with the relevant authorities in third countries.

The data subject has a right of access to the personal data relating to him or her that will be processed and, where appropriate, the right to rectify erase or block personal data in accordance with Regulation (EC) No 45/2001 or the national laws implementing Directive 95/46/EC.

All requests for the exercise of the right of access, rectification, erasure or blocking shall be submitted to and processed by the competent authorities where the present document was submitted.

The legal basis for processing the personal data is Article 33 of Regulation (EC) No 111/2005 and Article 13b of Regulation (EC) No 273/2004.

Personal data contained in the present document shall not be retained longer than necessary for the purposes for which it was collected.

Complaints, in case of conflict, can be addressed to the relevant national data protection authority. The contact details of the national data protection authorities are available on the web-site of the European Commission, Directorate-General for Justice: (http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm#h2-1)

Where the complaint concerns processing of personal data by the European Commission, it should be addressed to the European Data Protection Supervisor: (http://www.edps.europa.eu/EDPSWEB/).


ANNEX III

Image

Image

Image

Image

Image

Image

Image

Image

Image

Notes

I.

1.

The authorisation shall be completed in one of the official languages of the Union; if it is hand-written, it shall be completed in ink in capital letters.

2.

Boxes 1, 3, 5, 7, 9 to 19 are to be provided by the applicant at the time of the request; however, the information required in boxes 7, 8 and 10 to 13 and 18 may be supplied at a later stage, if the information is not known at the time of the request. In this case, the information for box 18 is to be supplemented at the latest when the export declaration is made and the supplementary information for boxes 7, 8, 10 to 13 is to be given to the customs or other authority at the point of exit from the customs territory of the Union at the latest before the physical departure of the goods.

3.

Boxes 1, 5, 7 and 9: Enter full names and addresses (phone, fax, e-mail).

4.

Box 5: Enter reference number to the import authorisation document of the third country importer, (for example a ‘letter of no-objection’, import permit, other statement of the third country of destination), where appropriate.

5.

Box 7: Enter full name and address (phone, fax, e-mail) of any other operator involved in the export operation such as transporters, intermediaries, customs agents.

6.

Box 9: Enter full name and address (phone, fax, e-mail) of the person or company to which the goods are delivered in the country of destination (not necessarily the end-user).

7.

Box 10: Give the name of the Member State, port, airport or border point, where appropriate.

8.

Box 11: Give the name of the country, port, airport or border point, where appropriate.

9.

Box 12: Specify all means of transport to be used (e.g. lorry, ship, plane, train, etc.). In the case of an export authorisation covering several export operations, this box need not be filled in.

10.

Box 13: Give as full details as possible of the route to be taken.

11.

Boxes 14a, 14b: Enter name of the scheduled substance as stated in the Annex to Regulation (EC) No 111/2005, the commercial name of the medicinal product listed in Category 4, the number of units in the consignment, the number of tablets/ampoules in each unit, the content of the scheduled substance in a single unit (per tablet/ampoule) or in the case of a mixture or natural product, enter the name and the 8 digit CN code, as well as the commercial name.

12.

Boxes 15a, 15b: Enter the 8 digit CN code of the scheduled substance as stated in the Annex to Regulation (EC) No 111/2005.

13.

Box 16a, 16b: for Category 4, enter the total net weight of the scheduled substance contained in the consignment of medicinal products.

14.

Box 19:

Indicate in block letters the name of the applicant or, where appropriate, of the authorised representative who signs this application.

The signature by the applicant or authorised representative, according to the modalities provided for by the Member State concerned, indicates that the person concerned is declaring that all the particulars provided on the application are correctly and fully stated. Without prejudice to the possible application of penal provisions, this declaration is equivalent to the engagement of responsibility, under the provisions in force in the Member States, in respect of the following:

the accuracy of the information given in the declaration;

the authenticity of any documents attached;

the observance of all the obligations inherent in the export of scheduled substances listed in the Annex to Regulation (EC) No 111/2005.

Whenever the authorisation is issued by means of a computerised procedure, that authorisation may not contain the signature of the applicant in this box, if the application as such contains such signature.

II.   (Simplified export authorisation procedure)

1.

In the case of a simplified export authorisation procedure, boxes 7, 8, 10 to 13 and 18 need not be completed.

2.

On the backside of copy No 2, boxes 24 to 27 must be completed for each export operation.

3.

Box 23: Indicate the authorised maximum quantity and net weight. For Category 4, enter the total net weight of the scheduled substance contained in the consignment of medicinal products.

Column 24: Indicate the quantity available in part 1 and the quantity of the partial export quantity in part 2. For Category 4, enter the total net weight quantity of the scheduled substance contained in the consignment of medicinal products.

Column 25: Indicate the partial export quantity in words.

Box 26: Reference number and the date of the customs declaration.

Personal data protection

Where the European Commission processes personal data contained in this document, Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community Institutions and bodies and on the free movement of such data will apply.

Where the competent authority of a Member State processes personal data contained in this document, the national provisions implementing Directive 95/46/EC will apply.

The purpose of the processing of personal data is the monitoring of trade in drug precursors within the Union in accordance to Regulation (EC) No 273/2004 as amended by Regulation (EU) No 1258/2013, and between the Union and third countries in accordance with Regulation (EC) No 111/2005, as amended by Regulation (EU) No 1259/2013.

The controller with respect to the processing of the data is the national competent authority where the present document has been submitted. The list of competent authorities is published on the website of the Commission:

http://ec.europa.eu/taxation_customs/resources/documents/customs/customs_controls/drugs_precursors/legislation/national_competent_authorities.pdf

In accordance with Article 17 of Regulation (EC) No 111/2005 laying down rules for the monitoring of trade in drug precursors between the Union and third countries, without prejudice to applicable provisions on data protection in the Union and for the purpose of controlling and monitoring certain substances frequently used for the illicit manufacture of narcotic drugs or psychotropic substances, the Commission and the competent authorities of the Member States may share personal data and information contained in the present document with the relevant authorities in third countries.

The data subject has a right of access to the personal data relating to him or her that will be processed and, where appropriate, the right to rectify erase or block personal data in accordance with Regulation (EC) No 45/2001 or the national laws implementing Directive 95/46/EC.

All requests for the exercise of the right of access, rectification, erasure or blocking shall be submitted to and processed by the competent authorities where the present document was submitted.

The legal basis for processing the personal data is Article 33 of Regulation (EC) No 111/2005 and Article 13b of Regulation (EC) No 273/2004.

Personal data contained in the present document shall not be retained longer than necessary for the purposes for which it was collected.

Complaints, in case of conflict, can be addressed to the relevant national data protection authority. The contact details of the national data protection authorities are available on the web-site of the European Commission, Directorate-General for Justice: (http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm#h2-1)

Where the complaint concerns processing of personal data by the European Commission, it should be addressed to the European Data Protection Supervisor: (http://www.edps.europa.eu/EDPSWEB/).


ANNEX IV

Image

Image

Image

Image

Image

Image

Image

Image

Notes

1.

The authorisation shall be completed in one of the official languages of the Union. If it is hand-written, it shall be completed in ink in capital letters.

2.

Boxes 1, 4, 6, 8 and 11 to 16 are to be provided by the applicant at the time of the request; however, information as required in boxes 7, 9, 10 and 15 may be supplied at a later stage. In this case, this information is to be supplemented at the latest when the goods are entered into the customs territory of the Union.

3.

Boxes 1, 4: Enter full names and addresses (phone, fax, e-mail).

4.

Box 6: Enter full name and address (phone, fax, e-mail) of any other operator involved in the import operation such as transporters, intermediaries, customs agents.

5.

Box 8: Enter full name and address of the ultimate consignee. The ultimate consignee may be identical with the importer.

6.

Box 7: Enter name and address (phone, fax, e-mail) of the third country authority.

7.

Box 9: Give the name of the Member State and the port, airport or border point.

8.

Box 10: Specify all means of transport to be used (e.g. lorry, ship, plane, train, etc.).

9.

Boxes 11a, 11b: Enter name of the scheduled substance as stated in the Annex to Regulation (EC) No 111/2005, the commercial name of the medicinal product listed in Category 4, the number of units in the consignment, the number of tablets/ampoules in each unit, the content of the scheduled substance in a single unit (per tablet/ampoule) or in the case of a mixture or natural product enter the name and the 8 digit CN code, as well as the commercial name

10.

Boxes 11a, 11b: Identify packages and substances with precision (e.g. 2 cans of 5 litres each). In the case of a mixture, a natural product or preparations, indicate the commercial name concerned.

11.

Boxes 12a, 12b: Enter the 8 digit CN code of the scheduled substance as stated in the Annex of Regulation (EC) No 111/2005.

Box 13 a, 13b: for Category 4, enter the total net weight of the scheduled substance contained in the consignment of medicinal products.

12.

Box 16:

Indicate in block letters the name of the applicant or, where appropriate, of his authorised representative who signs this application.

The signature by the applicant or his authorised representative, according to the modalities provided for by the Member State concerned, indicates that the person concerned is declaring that all the particulars provided on the application are correctly and fully stated. Without prejudice to the possible application of penal provisions, this declaration is equivalent to the engagement of responsibility, under the provisions in force in the Member States, in respect of the following:

the accuracy of the information;

the authenticity of any documents attached;

the observance of all other obligations.

Whenever the authorisation is issued by means of a computerised procedure, that authorisation may not contain the signature of the applicant in this box, if the application as such contains such signature.

13.   Personal data protection

Where the European Commission processes personal data contained in this document, Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community Institutions and bodies and on the free movement of such data will apply.

Where the competent authority of a Member State processes personal data contained in this document, the national provisions implementing Directive 95/46/EC will apply.

The purpose of the processing of personal data is the monitoring of trade in drug precursors within the Union in accordance to Regulation (EC) No 273/2004 as amended by Regulation (EU) No 1258/2013, and between the Union and third countries in accordance with Regulation (EC) No 111/2005, as amended by Regulation (EU) No 1259/2013.

The controller with respect to the processing of the data is the national competent authority where the present document has been submitted. The list of competent authorities is published on the website of the Commission:

http://ec.europa.eu/taxation_customs/resources/documents/customs/customs_controls/drugs_precursors/legislation/national_competent_authorities.pdf

In accordance with Article 17 of Regulation (EC) No 111/2005 laying down rules for the monitoring of trade in drug precursors between the Union and third countries, without prejudice to applicable provisions on data protection in the Union and for the purpose of controlling and monitoring certain substances frequently used for the illicit manufacture of narcotic drugs or psychotropic substances, the Commission and the competent authorities of the Member States may share personal data and information contained in the present document with the relevant authorities in third countries.

The data subject has a right of access to the personal data relating to him or her that will be processed and, where appropriate, the right to rectify erase or block personal data in accordance with Regulation (EC) No 45/2001 or the national laws implementing Directive 95/46/EC.

All requests for the exercise of the right of access, rectification, erasure or blocking shall be submitted to and processed by the competent authorities where the present document was submitted.

The legal basis for processing the personal data is Article 33 of Regulation (EC) No 111/2005 and Article 13b of Regulation (EC) No 273/2004.

Personal data contained in the present document shall not be retained longer than necessary for the purposes for which it was collected.

Complaints, in case of conflict, can be addressed to the relevant national data protection authority. The contact details of the national data protection authorities are available on the web-site of the European Commission, Directorate-General for Justice: (http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm#h2-1)

Where the complaint concerns processing of personal data by the European Commission, it should be addressed to the European Data Protection Supervisor: (http://www.edps.europa.eu/EDPSWEB/).


27.6.2015   

EN

Official Journal of the European Union

L 162/65


COMMISSION IMPLEMENTING REGULATION (EU) 2015/1014

of 25 June 2015

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

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/CE (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, some Member States and the European Aviation Safety Agency (‘EASA’) communicated to the Commission information that is relevant in the context of updating that Union list. Relevant information was also communicated by certain third countries. On the basis of that information and the verifications carried out by the Commission, the Union list should now 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 on them an operating ban within the Union or to modify the conditions of an operating ban imposed on an air carrier which is included in the Union list.

(4)

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

(5)

The Commission updated the Air Safety Committee on the on-going joint consultations, in the framework of Regulation (EC) No 2111/2005 and its implementing Regulation (EC) No 473/2006 (4), with competent authorities and air carriers of Angola, Botswana, Democratic Republic of Congo, Gabon, Ghana, India, Indonesia, Iran, Kazakhstan, Lebanon, Libya, Madagascar, the Islamic Republic of Mauritania, Mozambique, the Philippines, Sudan, Thailand, Yemen and Zambia. The Air Safety Committee also received information from the Commission on Afghanistan, Benin, the Republic of Guinea, the Kyrgyz Republic, Nepal, North Korea, São Tomé and Príncipe, and Taiwan and it was updated by the Commission on 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 (‘USOAP’). In this context, the importance was recalled of Member States prioritising ramp inspections on air carriers licensed by States in respect of which Significant Safety Concerns 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, such prioritisation is expected to allow the acquisition of further information regarding the safety performance of the air carriers licensed in those states.

(7)

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

(8)

EASA also updated the Commission and the Air Safety Committee on the technical assistance projects carried out in States affected by measures or monitoring under Regulation (EC) No 2111/2005. EASA set out its plans in this respect and provided information regarding 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 standards. Member States were invited to respond to those 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 database, on technical assistance provided by the Union and by its Member States, to improve aviation safety around the world.

(9)

Eurocontrol updated the Commission and the Air Safety Committee on the status of the SAFA alarming function and on the current statistics for alert messages for banned 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. Estonia informed that the Estonian Civil Aviation Authority performed an audit on the air carrier AS Avies and that the findings are being addressed by the air carrier.

(11)

Member States reiterated their readiness to act appropriately where relevant safety information indicates 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, as amended by Commission Implementing Regulation (EU) No 1197/2011 (6), allows 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 two aircraft of type Boeing 777-300 with registration marks D2-TEG and D2-TEH.

(13)

TAAG Angola Airlines has submitted on 21 November 2014, through the competent authorities of Angola (‘INAVIC’), a request to add a new aircraft of type Boeing 777-300 to Annex В to Regulation (EC) No 474/2006. Following an invitation by the Commission both INAVIC and TAAG Angola Airlines attended a technical consultation meeting in Brussels on 25 February 2015 where the current safety situation was thoroughly reviewed in all its aspects, including with regard to the addition of new aircraft to the fleet of TAAG Angola Airlines.

(14)

INAVIC have focused their effort mainly on the alignment of the legal framework with international requirements, improvement of the infrastructure (radio coverage of their territory) and reinforcement of the licencing requirements for personnel and organisations as well as oversight of the existing operators. As this last activity does not yet fully meet the required international safety standards because the certification of operators is not a sufficiently robust process, there is no room for a relaxation of the current ban on all carriers certified by INAVIC other than TAAG Angola Airlines. The Commission noted that there is an improvement in the communication and coordination between INAVIC and TAAG Angola Airlines, with meetings taking place regularly to discuss all aspects of the air carrier's operations.

(15)

TAAG Angola Airlines advised on the renewal and expansion of the fleet, with the withdrawal of the B737-200 and B747-300 Combi aircraft and the purchase of new B777-200, B777-300ER and B737-700 aircraft, complemented by a strong focus on quality of operations, engineering and maintenance and growth. Pilot training has been significantly improved with the help of external consultants. Safety has been further bolstered with the introduction of a non-punitive, anonymised occurrence reporting mechanism. This information, together with a comprehensive FDM (Flight Data Monitoring) analysis, is now systematically used to identify and prevent the re-occurrence of past incidents or anomalies and is fed back into the pilot training programme.

(16)

In the context of the third country operator authorisation process (7), 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.

(17)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the Union list of air carriers which are subject to an operating ban within the Union should be amended to include the additional aircraft of type Boeing 777-300 with registration mark D2-TEI of TAAG Angola Airlines in Annex B to Regulation (EC) No 474/2006 which would be allowed to operate in the Union.

(18)

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

(19)

At the request of the Commission, the Civil Aviation Authority of Botswana provided information on the progress of the resolution of the Significant Safety Concerns and other ICAO findings by letter of 30 January 2015. Further progress has been shown by the Civil Aviation Authority of Botswana with respect to the implementation of international safety standards. The Civil Aviation Authority of Botswana is encouraged to seek verification by ICAO of the resolution of the Significant Safety Concerns.

(20)

The safety information available does not support a decision to impose a ban or operational restrictions on air carriers certified in Botswana. However, the Commission considers that the situation should continue to be closely monitored.

(21)

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 Union list of air carriers which are subject to an operating ban within the Union by including air carriers from Botswana.

Air carriers from the Democratic Republic of Congo

(22)

All air carriers certified in the Democratic Republic of Congo have been included in Annex A of Regulation (EC) No 474/2006 since March 2006 (8).

(23)

By letter of 27 May 2015, the competent authorities of the Democratic Republic of Congo, the Autorité de l'Aviation Civile (‘AAC’), informed the Commission that the Air Operator Certificates of the air carriers Air Baraka, Biega Airways, Cetrac Aviation Service SPRL, Congo Express, GIS'AIR, Goma Express, GTRA, Katanga Express, Okapi Airlines, Patron Airways, Pegasus Aviation, Sion Airlines and Tracep Congo had been revoked and therefore these air carriers should be removed from Annex A to Regulation (EC) No 474/2006.

(24)

On 4 June 2015, AAC provided the Commission with additional information that shows that the Air Operator Certificates of the air carriers African Air Service Commuter, Air Castilla, Air Malebo, Armi Global Business Airways, Business Aviation, CHC Stellavia, Eagles Services, Ephrata Airlines, Filair, Fly Congo, Galaxy Kavatsi, International Trans Air Business, Jet Congo Airlines, Katanga Wings, Lignes Aériennes Congolaises, Mavivi Air Trade, Safe Air, Stellar Airways, Waltair Aviation and Wimbi Dira Airways had been revoked and therefore these air carriers should be removed from Annex A to Regulation (EC) No 474/2006.

(25)

AAC also informed the Commission that an operating licence had been issued to the air carriers Dakota SPRL, Malu Aviation, Serve Air and Congo Airways without demonstrating that the certification and oversight of this air carrier fully comply with the applicable international safety standards. These air carriers should therefore be added to Annex A to Regulation (EC) No 474/2006.

(26)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the Union list of air carriers which are subject to an operating ban within the Union should be amended to remove the air carriers African Air Service Commuter, Air Baraka, Air Castilla, Air Malebo, Armi global Business Airways, Biega Airways, Business Aviation, Cetrac Aviation Service SPRL, CHC Stellavia, Congo Express, Eagles Services, Ephrata Airlines, Filair, Fly Congo, Galaxy Kavatsi, GIS'AIR, Goma Express, GTRA, International Trans Air Business, Jet Congo Airlines, Katanga Express, Katanga Wings, Lignes Aériennes Congolaises, Mavivi Air Trade, Okapi Airlines, Patron Airways, Pegasus Aviation, Safe Air, Sion Airlines, Stellar Airways, Tracep Congo, Waltair Aviation and Wimbi Dira Airways from Annex A to Regulation (EC) No 474/2006 and to add the air carriers Dakota, Malu Aviation, Serve Air and Congo Airways to Annex A to Regulation (EC) No 474/2006.

Air carriers from Gabon

(27)

The air carriers Air Services SA and SCD Aviation have been included in Annex A since July 2008. The air carrier Gabon Airlines was allowed since July 2008 to operate in the EU only with the aircraft of type Boeing 767-200 with registration marks TR-LHP under the conditions contained in recital (15) of Regulation (EC) No 715/2008 (9).

(28)

On 5 June 2015, the competent authorities of Gabon provided the Commission with evidence of the revocation of the Air Operator Certificate (‘AOC’) of the air carriers Air Services SA, SCD Aviation and Gabon Airlines, and therefore these air carriers should be removed from the Union list of air carriers subject to a ban or operating restrictions.

(29)

The competent authorities of Gabon informed the Commission of the issuance of a new AOC to the air carrier Tropical Air Gabon on 6 May 2015 without demonstrating that the certification and oversight of this air carrier fully comply with the applicable international safety standards. This air carrier should therefore be added to Annex A to Regulation (EC) No 474/2006.

(30)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the Union list of air carriers which are subject to an operating ban within the Union should be amended to remove the air carriers Air Services SA and SCD Aviation from Annex A to Regulation (EC) No 474/2006, to remove the air carrier Gabon Airlines from Annex B to Regulation (EC) No 474/2006 and to add the air carrier Tropical Air Gabon to Annex A to Regulation (EC) No 474/2006.

Air carriers from Ghana

(31)

In September 2010, Meridian Airways LTD was included in Annex A to Regulation (EC) No 474/2006 (10). In September 2010 Airlift International (GH) LTD was included in Annex B to Regulation (EC) No 474/2006, whereby only one particular aircraft of type DC-8-63F, was allowed to operate in the Union. Both decisions stemmed from serious safety deficiencies identified during ramp inspections performed under the SAFA programme. In November 2010, it was assessed that Airlift International (GH) LTD could operate a second DC-8-63F aircraft in the Union (11).

(32)

On 5 February 2014, the Ghana Civil Aviation Authority (‘GCAA’) sent to the Commission the Aircraft Deregistration Certificates for certain DC-8-63F aircraft registered in Ghana. The GCAA also reported that it had issued a technical directive banning the use of DC-8 aircraft by air carriers certified in Ghana, which took effect on 31 December 2013. This evidence should be viewed as confirmation that the State of Ghana no longer supported operations of the DC-8 aircraft on its aircraft registry.

(33)

On 16 February 2015, the GCAA provided written evidence to the Commission that the GCAA had revoked the Air Operator Certificates of Meridian Airways LTD and of Airlift International (GH) LTD. A technical meeting between senior representatives of the GCAA, the Commission and EASA took place on 17 March 2015, during which the GCAA provided details in respect to its current organisational structure, its oversight of air carriers certified in Ghana and the Air Operator certification process. The evidence of the revocation of these two Air Operator Certificates and the facts presented during the technical meeting of GCAA aviation safety oversight arrangements were deemed sufficient to conclude that operations by Meridian Airways LTD and Airlift International (GH) LTD had ceased.

(34)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the Union list of air carriers which are subject to an operating ban within the Union should be amended to remove Meridian Airways LTD from Annex A to Regulation (EC) No 474/2006 and Airlift International (GH) LTD from Annex B to Regulation (EC) No 474/2006.

(35)

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

(36)

By letter of 24 December 2014, the Indian Directorate General of Civil Aviation (‘DGCA’) provided the Commission with an update on the corrective actions undertaken by the Indian DGCA in respect to the decision of January 2014 by the United States Federal Aviation Administration (‘FAA’) to downgrade India's compliance status from category 1 to category 2, pursuant to the FAA's International Aviation Safety Assessment (‘IASA’) audit. This letter also indicated that the FAA had carried out a reassessment of the Indian DGCA in December 2014. On 8 April 2015, the FAA announced the upgrading of India's IASA audit compliance status from category 2 to category 1.

(37)

By letter of 10 April 2015 to the Indian DGCA the Commission, while welcoming the positive decision by the FAA to upgrade India's IASA compliance status, reiterated that the Indian DGCA would need to continue to engage with the Commission in respect of providing regular updates regarding the fulfilment by the Indian DGCA of its international safety and oversight obligations.

(38)

On 7 May 2015, technical consultations were held between experts from the Commission, EASA, a Member State and senior representatives from the Indian DGCA. The meeting allowed the Indian DGCA to provide details of the measures it had taken that resulted in the FAA upgrading India's compliance status from category 2 to 1. The Indian DGCA provided details of the corrective action plan it had implemented as well as specific details of sustainable measures that it had implemented to enhance its safety oversight capability. The Commission took note of the information provided by the Indian DGCA. It was assessed that no ban or operational restrictions on air carriers certified in India are necessary, but that further technical consultations remain of benefit in order to enable discussing safety related matters with the Indian DGCA on an ongoing basis.

(39)

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 Union list of air carriers which are subject to an operating ban within the Union by including air carriers from India.

(40)

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

(41)

Regular consultations between the Commission and the Directorate General for Civil Aviation (‘DGCA’) of Indonesia continue, aiming at monitoring the progress of the DGCA of Indonesia in ensuring that the safety oversight of all air carriers certified in Indonesia is in compliance with international safety standards. Following the ICAO audit of May 2014, the DGCA finalised its corrective action plan and is currently in the process of completing those corrective actions.

(42)

On 28 December 2014, flight QZ8501 of the air carrier Indonesia AirAsia suffered an accident over the Java Sea. The aircraft was destroyed and all passengers and crew lost their lives. The Indonesian National Transportation Safety Committee (‘NTSC’) carries out the investigation into the accident and a final report is expected before the end of 2015.

(43)

In January 2015, representatives of the Commission visited Indonesia to discuss the results from the ICAO audit of May 2014, in order to ensure that the level of safety oversight on those air carriers that are no longer included in the Union list remains such that there are no grounds for including them in that list. The Commission representatives met the Indonesian Minister of Transport and representatives of the DGCA of Indonesia, the National Transportation Safety Committee and the air carriers concerned. Those air carriers gave a good overview of their safety management systems and implementation of the international safety standards.

(44)

By letter of 31 March 2015, the DGCA provided comprehensive information on the corrective actions that are in progress to resolve the problems identified by the ICAO findings. Furthermore, the DGCA provided information on the safety oversight of the air carriers concerned. Following the analysis of the information that was provided, the Commission requested further clarifications with respect to the safety oversight on the air carriers certified in Indonesia and the current list of Air Operator Certificate holders in Indonesia.

(45)

By letter of 13 May 2015 the additional clarifications were given. Information was provided on the surveillance and oversight program on the air carriers that are currently exempted from the operating ban, namely PT. Garuda Indonesia, Airfast Indonesia, Ekspres Transportasi Antarbenua and Indonesia Air Asia. Based on the information provided it was concluded that the DGCA is performing safety oversight on these air carriers and that there is no relevant safety information to support a decision to impose an operating ban.

(46)

In this same letter, the DGCA of Indonesia informed the Commission that the Air Operator Certificates of the air carriers Mandala Airlines (AOC No 121-005), Merpati Nusantara Airlines (AOC No 121-002), Sky Aviation (AOC No 121-028 and 135-044) and Republik Express (AOC No 121-040) had been revoked. Therefore the air carrier Mandala Airlines should be removed from the list of exempted air carriers from Indonesia and Merpati Nusantara Airlines, Sky Aviation and Republik Express should be removed from Annex A to Regulation (EC) No 474/2006.

(47)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the Union list of air carriers which are subject to an operating ban within the Union should be amended to remove the air carrier Mandala Airlines from the list of exempted air carriers and to remove the air carriers Merpati Nusantara Airlines, Sky Aviation and Republik Express from Annex A to Regulation (EC) No 474/2006.

Air carriers from Iran

(48)

The air carrier Iran Air, certified by the Civil Aviation Organisation of the Islamic Republic of Iran, was included in Annex B to Regulation (EC) No 474/2006 on 30 March 2010 (12). After a Union on-site assessment visit, the operational restrictions to the fleet of Iran Air were further specified on 5 July 2010 (13).

(49)

Iran Air has provided the Commission information on their current fleet, supported by the relevant documentation. The air carrier requested to exclude the aircraft type A320 from the operating restrictions in order to be able to operate those aircraft to the Union. However, it has not been possible to this day to verify the evidence provided through a technical meeting and/or a Union on-site assessment visit. Therefore a decision with respect to allow the operation of aircraft of the type A320 by Iran Air cannot be taken at this time.

(50)

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 Union list of air carriers which are subject to an operating ban within the Union with respect to air carriers certified in Iran.

Air carriers from Kazakhstan

(51)

The Commission continues to monitor the implementation by Kazakhstan of the Corrective Actions Plan following the 2014 ICAO Coordinated Validation Mission (‘ICVM’) in the country. This ICVM confirmed the resolution of one significant safety concern in the field of airworthiness and overall progress in the implementation of international safety standards. However, ICAO found serious shortcomings in the field of air operations and even expanded the significant safety concern related to this field.

(52)

On 27 April 2015 technical consultations took place with the Civil Aviation Committee of Kazakhstan (‘CAC’) to allow the CAC to provide the Commission with an update on its oversight activities and its short- and mid-term priorities. According to the information provided by CAC, certain corrective actions have been launched. Other corrective actions are at various levels of completion. According to CAC, its priorities for 2015 include the introduction of a five phase Air Operator Certification process, the development of procedures for Special Approvals, the recruitment of additional technical staff, the development and implementation of a safety oversight programme and inspection plan, the introduction of new checklists for inspections and audits, the training of inspectors and the empowerment of inspectors to carry out their surveillance and control functions.

(53)

During the technical consultations Air Astana informed that CAC performed the recertification of the air carrier in April 2015. Furthermore, the air carrier provided regular updates on its flight operations, training and maintenance activities.

(54)

During the technical consultations of April 2015, the air carrier SCAT Air Company also informed the Commission that it has already passed an International Air Transport Association Operational Safety Audit and that the air carrier is likely to receive an International Air Transport Association Operational Safety Audit certificate by the end of 2015, pending its successful rectification of outstanding non-compliances.

(55)

On the basis of the information that is available to the Commission and the discussions that took place during the technical consultations, it was concluded that Kazakhstan continues to face challenges in the implementation of international safety standards. The Commission strongly encourages CAC to step up its efforts in implementing international safety standards as a precondition for the Commission to consider favourably a further relaxation of the restrictions as they currently apply to air carriers under CAC oversight.

(56)

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

(57)

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 aircraft of Air Astana pursuant to Regulation (EU) No 965/2012.

Air carriers from Lebanon

(58)

Consultations with the Directorate General for Civil Aviation (‘DGCA’) of Lebanon are ongoing, aiming to confirm that Lebanon is implementing the corrective action plan that was developed in response to the findings and the Significant Safety Concern based on the ICAO Coordinated Validation Mission of December 2012.

(59)

On 9 April 2015, the advisor to the Minister of Transport in Lebanon, during a meeting in Brussels, informed the Commission and EASA, about the establishment of a Civil Aviation Authority Board. He also referred to the proposals for the separation of the safety oversight functions from the service provision functions, which are currently both organised within the DGCA of Lebanon. Further information was provided on the steps taken by the DGCA together with ICAO. A Regional Office Safety Team mission by ICAO took place in March 2015 to verify the progress on the actions to rectify the Significant Safety Concern.

(60)

The Commission provided, through EASA, technical assistance on the implementation of international safety standards to the DGCA of Lebanon from September 2014 to March 2015, as a follow up to the Mediterranean Aviation Safety Cell project. These activities have assisted the DGCA of Lebanon in the implementation of the corrective actions, the improvement of their internal procedures, manuals and handbooks and their preparations on an improved organisational structure.

(61)

The safety information available does not support a decision to impose a ban or operational restrictions on air carriers certified in Lebanon. However, the Commission considered that the situation should continue to be closely monitored. Consultations with the Lebanese authorities are to continue in accordance with Article 3(2) of Regulation (EC) No 473/2006.

(62)

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

(63)

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

Air carriers from Libya

(64)

The Commission continues to be concerned with regard to the aviation safety situation in Libya. The government recognised by the Union has designated a new competent authority, the Libyan Civil Aviation Authority (‘LCAA’). Certain aviation safety-related tasks, such as issuing of Notices To Airmen (‘NOTAM’), have been assigned by LCAA to competent authorities of other States. However, the former competent authority, i.e. the Libyan Civil Aviation Authority (‘LYCAA’) continues to operate and continues to issue NOTAM's in addition to those being issued on behalf of the LCAA. Aviation safety could be affected, because the NOTAM's issued by those organisations, if covering the same airspace or the same aerodromes, could contain conflicting information.

(65)

The Commission has established contacts with LCAA, but was not provided with useful and verifiable information on the current situation with regard to civil aviation oversight or the status of aviation safety in Libya.

(66)

Due to the present unclear and unstable situation in Libya and the limited capabilities of the LCAA to adequately oversee Libyan air carriers and to control imminent safety risks, it is considered that Libya cannot fulfil its international obligations in relation to aviation safety.

(67)

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

Air carriers from Madagascar

(68)

Consultations with the competent authorities of Madagascar, Aviation Civile de Madagascar (‘ACM’), have continued actively with the purpose of monitoring the progress of these authorities in ensuring that the safety oversight of all air carriers certified in Madagascar is in compliance with international safety standards.

(69)

The Commission, assisted by EASA, held a consultation meeting on 28 April 2015 with ACM and representatives of the air carrier Air Madagascar. At this meeting, ACM and the air carrier provided information on the progress made in the implementation of their respective corrective and preventive action plan, undertaken to address the safety concerns raised during the EU assessment visit to Madagascar in February 2014

(70)

In particular, ACM reported on the progress made in the training of its inspectors, carried out in the framework of the ICAO technical assistance programme (SAFE), and indicated that it considers that the current qualified inspectors had received at the time of the meeting about 65 % of the necessary training to enable ACM to reach an acceptable level of performance in the discharge of its oversight obligations. While the oversight programme of 2014 had been carried out with the assistance of third parties, ACM was confident that the oversight programme of 2015 will demonstrate its capacity to discharge its oversight obligations. ACM also informed that it had recently decided to suspend the air operation certificate of the air carriers Aeromarine, Henri Fraise Fils Transport Aérien and Insolite Travel Fl as well as the approval of the training organisation Ecole Nationale d'Enseignement de l'Aéronautique et de la Météorologie. ACM finally underlined that the ICAO off-site evaluation of the critical elements 1 to 5 of a safety oversight system was ongoing and that this evaluation should be completed in July 2015.

(71)

In addition to information on its preventive and corrective plan the air carrier Air Madagascar provided the latest details regarding its fleet evolution and in particular informed that the acquisition of a third aircraft of type ATR 72-600 was under consideration and that the two aircraft of type Boeing 737-300 were scheduled to be replaced by aircraft of type Boeing 737-700 in the fourth quarter of 2015.

(72)

The Commission noted the information provided by ACM and the air carrier Air Madagascar. The Commission welcomed the progress made by ACM and the air carrier Air Madagascar by setting up new processes or improving the existing ones. However, the Commission strongly emphasizes the need for both organisations to have the capacity to effectively implement these processes. The Commission recommends to progress step by step and to avoid processes which are only partially implemented, as was noted during the Union assessment visit to Madagascar in February 2014.

(73)

On 8 May 2015 ACM informed the Commission that the air carrier Air Madagascar had made the request to have the aircraft of type Airbus A340-300 with registration mark 5R-EAA added to the list of aircraft of the company that are already mentioned under Annex B to Regulation (EC) No 474/2006.

(74)

On 29 May 2015, the Minister of Tourism, Transport and Meteorology of Madagascar expressed the wish to have the situation of the two aircraft of type Airbus A340-300 re-assessed during the meeting of the Air Safety Committee of June 2015. However, if the reassessment process of the potential removal of the air carrier Air Madagascar from Annex B to Regulation (EC) No 474/2006 could not be completed before the meeting of June 2015, he would support the request made by the air carrier Air Madagascar for the inclusion of the aircraft of type Airbus A340-300 with registration mark 5R-EAA in Annex B to Regulation (EC) No 474/2006.

(75)

In view of the seriousness of the findings which were raised on the occasion of the EU assessment visit to Madagascar in February 2014, the Commission considers that the conditions allowing such inclusion, in essence, do not differ from the conditions that need to be met to remove the air carrier Air Madagascar from Annex B to Regulation (EC) No 474/2006. The review of the information provided by ACM and the air carrier Air Madagascar, after the meeting of 28 April 2014, aiming at supporting the inclusion of the aircraft of type Airbus A340-300 with registration mark 5R-EAA in the Annex B to Regulation (EC) No 474/2006 does not show that these conditions are met.

(76)

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

Air carriers from the Islamic Republic of Mauritania

(77)

On 24 February 2015, a technical meeting was held in Brussels between the Commission, EASA, several Member States and the civil aviation authorities of Mauritania, the Agence Nationale de l'Aviation Civile, as well as the air carrier Mauritania Airlines International (‘MAI’). The Agence Nationale de l'Aviation Civile presented the safety situation in Mauritania and its State Safety Plan, highlighting its good ICAO audit results culminating in a high level of effective implementation of international safety standards. MAI explained how it responded to the recent SAFA findings and announced that it would go through the registration process for the International Air Transport Association Operation Safety Audit. MAI confirmed that, for economic reasons, it had stopped flying to certain Union destinations and that it intends to develop a regional network in cooperation with a Union air carrier. Consequently, MAI also decided to change its fleet composition in order to operate smaller aircraft on a schedule with higher flight frequencies.

(78)

The latest SAFA analysis provided by EASA indicated improvements in the sense that fewer findings were made during SAFA checks in the Union, although it was highlighted by some Member States that the introduction of a new type of aircraft in the fleet of MAI, the Embraer ERJ145, had not been accomplished in a satisfactory manner. From 10 to 14 March 2015, the International Air Transport Association Operational Safety pre-Audit took place in Nouakchott. The Agence Nationale de l'Aviation Civile and MAI provided the Commission with the preliminary results of this pre-audit. On that basis, it appears that there is an acceptable implementation of international safety standards and there are no elements pointing at the existence of particularly alarming safety deficiencies.

(79)

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

(80)

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

Air carriers from Mozambique

(81)

An ICAO Coordinated Validation Mission took place in November and December 2014 in order to validate the progress of the implementation of the Corrective Action Plan of the competent civil aviation authorities in Mozambique, the Instituto de Aviação Civil de Moçambique (‘IACM’). The ICAO Coordinated Validation Mission covered the areas of the civil aviation legislation in Mozambique, the internal organisation of IACM, the aerodromes and ground aids and the air navigations services in Mozambique. The report on this ICAO Coordinated Validation Mission was posted on the ICAO website on 5 May 2015.

(82)

Recognising the progress achieved by IACM in the rectification of the deficiencies identified by ICAO as well as the effort of IACM towards completing its work of establishing an aviation system compliant with international safety standards, it was previously envisaged that a Union safety assessment mission could take place in 2015.

(83)

The Union assessment mission to Mozambique took place in April 2015, with the participation of experts from the Commission, EASA and Member States. The areas that were assessed were the primary aviation legislation and civil aviation regulations, the internal organisation of IACM, personnel licensing and training, supervision of airworthiness of aircraft and supervision of aircraft operations.

(84)

The Union assessment mission made clear that the legal framework in place contains a number of deviations from international safety standards. The revised basic aviation act, incorporating changes that will resolve these identified deviations, is awaiting governmental approval. Specific legal and technical regulations are in place but lack completeness and consistency. The revised statutes of IACM, conferring to IACM the required financial and operational autonomy and resolving identified deficiencies in this area, is also awaiting governmental approval. While most of the recruitment of staff is completed and some of the planned organisational modifications have been implemented, a significant portion of the implementation that must follow still needs to be completed.

(85)

The Union assessment mission also identified weaknesses and deficiencies in various areas of IACM's work, including personnel licensing and training, the supervision of airworthiness and operations of aircraft. In the three operators that, by way of relevant sample, were visited, the Union assessment team identified prominent gaps in record keeping, inadequate manuals, loose organisational mechanisms and poor maintenance practices. While some of these are entirely under the responsibility of the operator, many of them can be considered as signs of lack of adequate authority oversight.

(86)

On the other hand, IACM demonstrated a firm commitment to continue working towards its ultimate goal of achieving an aviation system compliant with international safety standards and continues to benefit from full governmental support and endorsement. However, IACM will also need professional, competent and unbiased guidance for the period to come. The Commission is preparing, with IACM and EASA, the provision of such technical assistance, with a view to helping resolve the remaining deficiencies and conclude the internal capacity building process necessary to reach the required sustainability.

(87)

The Union assessment mission allowed the Commission to conclude that, while IACM showed significant progress in the implementation of international safety standards, important deficiencies in the safety oversight system in Mozambique remain. The ability of IACM to oversee the civil aviation activities in Mozambique is at this stage not yet at a sufficient level according to international safety standards. Therefore there is insufficient evidence to support a decision on a relaxation of the operating ban of all the air carriers certified in Mozambique.

(88)

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

Air carriers from the Philippines

(89)

In March 2010, all air carriers certified in the Republic of the Philippines were included in Annex A to Regulation (EC) No 474/2006 (14), on the basis of verified evidence of the insufficient ability of the authorities responsible for the oversight of those air carriers to address safety deficiencies. There was also insufficient evidence of compliance with applicable international safety standards and recommended practices on the part of the air carriers certified in the Republic of the Philippines,

(90)

In July 2013, the air carrier Philippine Airlines was removed from Annex A to Regulation (EC) No 474/2006 (15). In April 2014, the air carrier Cebu Pacific Air was removed from Annex A to Regulation (EC) No 474/2006 (16) as well. Both decisions were based on a Union on-site assessment visit of June 2013, the improved safety oversight provided by the Civil Aviation Authority of the Philippines (‘CAAP’) of those air carriers and the ability of those air carriers to ensure effective compliance with international safety standards. In April 2014, the United States Federal Aviation Administration also announced its decision to upgrade the Philippines compliance status from category 2 to category 1 in respect to its International Aviation Safety Assessment programme.

(91)

On 10 March 2015, technical consultations were held between experts from the Commission, EASA, a Member State and senior representatives from CAAP, as well as three air carriers certified in the Philippines, namely Zest Airways Inc. (Dba ‘Air Asia Zest’), Air Philippines Corporation and South East Asian Airlines (SEAir) Inc. CAAP provided an update in respect to ongoing organisational improvements, including the reorganisation of its Flight Standards Inspectorate Service and details of training for CAAP Inspectors. In addition, CAAP provided details of the safety oversight it performs on the air carriers: Air Asia Zest, Air Philippines Corporation and South East Asian Airlines (SEAir) Inc. With respect to the safety oversight provided by CAAP, the details presented at the meeting included the scheduled Minimum Required Annual Inspection programme for each carrier, as well as specific details of surveillance activities relating to each of them. At the meeting, CAAP also provided an update on the implementation of the Philippines State Safety Programme. This update included specific information in respect to the Philippines State Runway Safety Programme, including the related training and awareness programme. CAAP also gave an update of the investigation into the runway excursion of an aircraft of Air Asia Zest that took place on 30 December 2014.

(92)

At the 10 March 2015 technical consultations Air Asia Zest, Air Philippines Corporation and South East Asian Airlines (SEAir) Inc each explained the functioning of their respective operations. The information provided by each air carrier included details of organisational structure and the functioning of their individual Safety and Quality Departments. Specifics included current fleet information, the mitigation of safety concerns in each air carrier and details of internal quality assurance provision. In addition, each carrier presented their individual Flight Data Monitoring programmes.

(93)

On the basis of the evidence presented during these technical consultations, a Union on-site assessment visit to the Philippines was organised in April 2015. Experts from the Commission, EASA and Member States participated in this assessment visit. The assessment visit was conducted at the offices of CAAP and, by way of sample, at several air carriers certified in the Philippines, namely Air Asia Inc, Air Asia Zest, Air Philippines Corporation, Island Aviation Inc, Magnum Air (Skyjet) Inc, South East Asian Airlines (SEAir) Inc and South East Asian Airlines (SEAIR) International.

(94)

Evidence presented during the Union on-site assessment visit included that the Flight Standards Inspectorate Service has 173 staff directly tasked with conducting certification and oversight. Of the evidence sampled it was confirmed that the Principal Operations and Maintenance inspectors were sufficiently experienced to conduct effective oversight and that they had received formal training in respect to their oversight responsibilities. To assist its inspectors with the conduct of their oversight responsibilities, CAAP has produced an inspector job aid which includes structured job aid checklists, CAAP technical guidance documentation, inspecting forms and surveillance reference documentation.

(95)

The evidence presented by CAAP during the Union on-site assessment visit included that to assist with the planning of the Minimum Required Annual Inspection schedule CAAP utilizes a civil aviation safety oversight reporting and tracking (CASORT) database. To enable a structured oversight schedule to be put in place by individual inspectors, CAAP publishes ‘National Surveillance and Inspection Program Guidelines’. This document includes options for focused inspections in the event of an under-performing Air Operator Certificate (‘AOC’) holder. In terms of AOC certification and renewal, CAAP has published an ‘Air Operator Certification and Administration Manual’. During the Union assessment visit the AOC certification and renewal files were sampled for 9 CAAP certified air carriers, including all of the air carriers that were visited by the EU assessment team. In addition, observation was made of CAAP inspectors conducting specific surveillance activity. The planning and conduct of this activity was observed to be of a satisfactory standard.

(96)

By way of relevant sample of air carriers certified in the Philippines, seven air carriers were visited during the Union on-site assessment visit. This sample included the four largest Philippine certified air carriers that are still included in Annex A to Regulation (EC) No 474/2006. The visit sought to verify the extent of their compliance with international safety standards. In addition, the visit, in accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, sought to make an assessment of the willingness and ability of each of these air carriers to address safety deficiencies. The main conclusion of the visits to these air carriers is that there was no lack of willingness and in general no lack of ability to address safety deficiencies.

(97)

In regard to the Union on-site assessment visit, with respect to the common criteria set out in the Annex to Regulation (EC) no 2111/2005 it was concluded that the Civil Aviation Authority of the Philippines is willing and able to address safety deficiencies and has sufficient ability to implement and, when necessary, enforce relevant international safety standards, including the Philippines Civil Aviation Regulations.

(98)

CAAP was heard by the Air Safety Committee on 10 June 2015. On that occasion, by way of relevant sample, three air carriers certified in the Philippines were also heard, (Air Asia Zest, Air Philippines Corporation and Cebgo Inc, formerly South East Asian Airlines (SEAir) Inc).

(99)

CAAP presented to the Committee its current Flight Standards Inspectorate Service organisational structure, provided detail of its existing workforce assigned to safety oversight tasking and provided an overall picture of aviation activity within the Philippines. It reported that it has oversight responsibility for 36 AOC holders and that it has categorised nine of them as operators of large aircraft. CAAP also provided a summary of the oversight it has scheduled for 2015 in respect to the three air carriers that participated in the hearing. In addition, CAAP emphasised its commitment as the competent authority of the Philippines to continue with its roadmap of continuous improvement.

(100)

CAAP in its presentation provided a summary of its corrective action plan with regard to the observations raised by the EU assessment team during the Union on-site assessment visit. The corrective actions presented included a focus on certain priority issues such as enhancement of the CAAP inspector training programme, improvements in information technology infrastructure, continued measures to enhance the skill sets of its inspecting workforce and a commitment to continue its work on safety oversight standardisation. In addition, CAAP provided specific details in respect to infrastructure improvements including measures associated with its State Runway Safety Programme.

(101)

Air Philippines Corporation presented detail on its organisational structure, its aircraft fleet plans and specifics relating to its Safety Management System. It reported on its safety meeting structure, safety reporting and management, its flight data monitoring programme including how it conducts continuous monitoring of mitigating actions. Details were provided by Air Philippines Corporation of its safety assurance function and its application of change management procedures. In addition, the air carrier reported on its follow-up actions to the observations raised during the Union on-site assessment visit.

(102)

Cebgo Inc presented details of its management structure, Safety Management System, accident prevention and flight safety programme, flight data management programme, quality management system and airworthiness and maintenance control. Specifics included its safety targets for 2015 and evidence of its safety reporting process. Cebgo Inc reported its top five safety priorities and the actions taken in respect to them. In addition, the air carrier provided a summary of its follow-up actions to the observations raised during the Union on-site assessment visit.

(103)

Air Asia Zest presented details of its fleet, organisational structure and its safety and quality management department. Specifics included its high level safety objectives, safety reporting process and flight data analysis programme as well as its top five safety priorities. In addition, the air carrier provided a summary of its follow-up actions to the observations raised during the Union on-site assessment visit.

(104)

On the basis of all available information, including the results of the Union on-site assessment visit and the information provided at the hearing before the Air Safety Committee, the Commission considers that CAAP has made sustained improvements over a continuous time period. It is also recognised that there has been no lack of willingness of CAAP to engage on an ongoing basis with the Commission and that CAAP is transparent in its recognition that it should continue enhancements to further develop its safety oversight and surveillance procedures. It is assessed that CAAP has the ability to discharge its responsibilities with respect to the oversight of air carriers certified in the Philippines. During the hearing before the Air Safety Committee, CAAP gave its commitment to fully engage in a continuing safety dialogue with the Commission, including through additional meetings, if and when deemed necessary by the Commission.

(105)

The Commission noted that all of the three air carriers certified in the Philippines that had, by way of relevant sample, been invited to the hearing before the Air Safety Committee, presented to a satisfactory standard and are all able to provide specific details in respect to the safe conduct of their respective operations. The Commission considers that there is sufficient evidence of compliance with applicable international safety standards and recommended practices on the part of air carriers certified in the Republic of the Philippines.

(106)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the Union list of air carriers which are subject to an operating ban within the Union should be amended to remove all air carriers certified in the Republic of the Philippines from Annex A to Regulation (EC) No 474/2006.

(107)

Member States are to continue to verify effective compliance by all Philippine air carriers with the relevant safety standards, through the prioritisation of ramp inspections pursuant to Regulation (EU) No 965/2012. Should the results of such inspections, or any other relevant safety information indicate that international safety standards are not being met, the Commission would be forced to take action in accordance with Regulation (EC) No 2111/2005.

Air carriers from the Russian Federation

(108)

The Commission, EASA and the Member States have continued to closely monitor the safety performance of air carriers certified in the Russian Federation and operating in the Union, including through prioritisation of the ramp inspections to be carried out on certain Russian air carriers in accordance with Regulation (EU) No 965/2012.

(109)

On 23 March 2015, the Commission, assisted by EASA, met with representatives of the Russian Federal Air Transport Agency (‘FATA’). The purpose of this meeting was to review the safety performance of Russian air carriers during SAFA ramp inspections for the period between 10 March 2014 and 9 March 2015 and identify cases which require specific attention. During the meeting, FATA committed to following up on certain cases of non-compliance which had not yet been properly rectified and to updating the Commission about their status prior to the end of May.

(110)

FATA informed the Commission that, due to the expansion of the SAFA system, it monitors the SAFA performance of Russian air carriers in certain third countries as well. FATA also indicated that it had appointed new safety inspectors to deal with air carriers which have open findings following inspections under the SAFA programme. FATA expressed the expectation that this oversight will further improve the reaction speed and the quality of the corrective actions of the operators. FATA also updated the Commission on the latest suspensions and revocations of air operator certificates under their responsibility.

(111)

On the basis of the available information, the Commission concluded that a hearing before the Air Safety Committee of the Russian aviation authorities or of air carriers certified in the Russian Federation is not necessary.

(112)

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 Union list of air carriers which are subject to an operating ban within the Union by including air carriers from the Russian Federation.

(113)

Member States are to continue to verify effective compliance with the international safety standards by the air carriers from the Russian Federation, through the prioritisation of ramp inspections in accordance with Regulation (EU) No 965/2012.

(114)

Should those inspections point to an imminent safety risk as a consequence of non-compliance with the relevant safety standards, the Commission may be forced to take action against air carriers from the Russian Federation in accordance with Regulation (EC) No 2111/2005.

Air carriers from Sudan

(115)

On the basis of the regular contacts between the Sudan Civil Aviation Authority (‘SCAA’) and the Commission, it appears that SCAA has made good progress as regards its oversight activities in relation to air carriers certified in Sudan. The SCAA also informed the Commission that certain air carriers have made good progress with respect to the implementation of international safety standards.

(116)

The SCAA has agreed to receive a Union on-site assessment visit in October 2015. This assessment visit is planned in order to verify the information provided by SCAA and to gather additional information to support a possible decision with respect to air carriers certified in Sudan. At this moment there is insufficient information available to support a decision with respect to air carriers certified in Sudan.

(117)

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 Union list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Sudan.

Air carriers from Thailand

(118)

A full Universal Safety Oversight Audit Programme Continuous Monitoring Approach audit was conducted by ICAO in the Kingdom of Thailand in January 2015. The overall result is that the effective implementation of international safety standards in Thailand is well below the world average. Based on the audit results, ICAO issued a Significant Safety Concern on the certification of air operators, including the authorization of specific operating procedures. The Department of Civil Aviation (‘DCA’) in Thailand submitted a corrective action plan to ICAO to address the findings.

(119)

The DCA approached the European Union and EASA to request technical assistance in support to the resolution of the findings that were raised by ICAO. A technical assistance mission to Thailand was conducted by EASA in April 2015 and further technical assistance and cooperation will be provided in the coming months.

(120)

On the basis of the ICAO audit results and the recommendations from the technical assistance mission, the Thai DCA, together with the air carrier Thai Airways International, were invited for technical consultations in Brussels in order to gather additional information on the short, medium and long term corrective actions that the DCA is taking. The Thai DCA, as well as Thai Airways International welcomed this invitation and provided in a transparent way all requested information prior to the meeting.

(121)

At the technical consultations, which took place on 3 June 2015, both the DCA and Thai Airways International showed a clear willingness to engage and provided as much information as possible. The DCA underlined that the Government in Thailand is very much aware of the importance of civil aviation safety and has committed to provide the necessary means to improve the safety oversight system of the Thai DCA, which will soon be reorganised into the Civil Aviation Authority of Thailand, with a considerably enhanced budget.

(122)

Thai Airways International presented in a clear manner its Safety and Quality Management System. The air carrier demonstrated that it was able to ensure adequate compliance with international safety standards.

(123)

The Commission considers that the safety information available does not support a decision to impose a ban or operational restrictions on air carriers certified in Thailand. However, the Commission considers that the situation should continue to be closely monitored.

(124)

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 Union list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Thailand.

(125)

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 air carriers certified in Thailand pursuant to Regulation (EU) No 965/2012.

(126)

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

Air carriers from Yemen

(127)

By letter of 10 April 2015, the Commission enquired of the Civil Aviation and Meteorological Authority of Yemen (‘CAMA’) as to whether the deteriorating security situation in Yemen affects the ability of CAMA to provide safety oversight of the air carriers certified in Yemen.

(128)

On 18 May 2015 the air carrier Yemen Airways (‘Yemenia’) reported to the Commission that it had suspended its operations in late March 2015 due to the deteriorating situation in Yemen. In addition, this communication from Yemenia stated that its aircraft were being stored in different locations outside Yemen. In a letter dated 1 June 2015 CAMA informed the Commission that the aircraft of Yemenia were no longer in Yemen and that the intention of CAMA is to coordinate with the aviation authorities in the States where the aircraft are presently stored regarding its safety oversight responsibilities. In this same letter, CAMA also indicated that due to the deteriorating security situation in Yemen there was little air operations activity currently taking place in the country.

(129)

Based on the information received from CAMA and Yemenia it was concluded that whilst the situation should continue to be closely monitored there was insufficient evidence to support a decision to impose a ban on air carriers certified in Yemen at this time.

(130)

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 Union list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Yemen.

(131)

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 air carriers certified in the Yemen pursuant to Regulation (EU) No 965/2012.

Air carriers from Zambia

(132)

On 25 February 2015, a technical meeting was held with the participation of senior representatives from the Zambia Civil Aviation Authority (‘ZCAA’), the Commission, EASA and the Member States. ZCAA gave a comprehensive and transparent overview of the steps taken in the last year concerning the development of the ZCAA, the recruitment of personnel for the ZCAA, the development of civil aviation regulations in Zambia and the improvement of the oversight on the air carriers.

(133)

It appears that ZCAA has made good progress in resolving a number of ICAO findings and that a solid basis has been laid for further development of the civil aviation safety oversight system in Zambia. However, in most of the eight ICAO Critical Elements that form a civil aviation safety oversight system, significant work still remains to be completed.

(134)

ZCAA indicated that it will continue to work on the implementation of international safety standards. The Commission intends to carry out further assessments in order to determine whether it will be feasible to organise a Union on-site assessment visit to verify the implementation of international safety standards in Zambia, prior to the end of October 2015.

(135)

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 Union list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Zambia.

Final considerations

(136)

As regards the other air carriers currently included in the Union list, the Commission has verified whether it is appropriate to update the list and concluded that that is not the case. 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 Union list of air carriers which are subject to an operating ban within the Union with respect to those air carriers.

(137)

Article 8(2) of Regulation (EC) No 2111/2005 recognises the need for decisions to be taken swiftly and, where appropriate, urgently, given the safety implications. It is therefore essential, for the protection of sensitive information and for minimising commercial impact, that the decisions of the Commission in the context of updating the list of air carriers which are subject to an operating ban or restriction within the Union, are published in the Official Journal of the European Union and enter into force on the day following that of their publication.

(138)

Regulation (EC) No 474/2006 should therefore be amended accordingly.

(139)

The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 474/2006 is amended as follows:

(1)

Annex A is replaced by the text set out in Annex A to this Regulation;

(2)

Annex B is replaced by the text set out in Annex B to this Regulation.

Article 2

This Regulation shall enter into force on the 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, 25 June 2015.

For the Commission,

On behalf of the President,

Violeta BULC

Member of the Commission


(1)  OJ L 344, 27.12.2005, p. 15.

(2)  Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (OJ L 84, 23.3.2006, p. 14).

(3)  Council Regulation (EEC) No 3922/1991 of 16 December 1991 on the harmonization of the technical requirements and administrative procedures in the field of civil aviation (OJ L 373, 31.12.1991, p. 4).

(4)  Commission Regulation (EC) No 473/2006 of 22 March 2006 laying down implementing rules for the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (OJ L 84, 23.3.2006, p. 8).

(5)  Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down the technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).

(6)  Commission Implementing Regulation (EU) No 1197/2011 of 21 November 2011 (OJ L 303, 22.11.2011, p. 14). See in particular points 26 to 30 of the recitals of this Regulation.

(7)  Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.

(8)  Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (OJ L 84, 23.3.2006, p. 14).

(9)  Regulation (EC) No 715/2008 of 24 July 2008 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (OJ L 197, 25.7.2008, p. 36).

(10)  Commission Implementing Regulation (EU) No 791/2010 of 6 September 2010 (OJ L 237, 8.9.2010, p. 10). See in particular points 9 to 23 of the recitals of this Regulation.

(11)  Commission Implementing Regulation (EU) No 1071/2010 of 22 November 2010 (OJ L 306, 23.11.2010, p. 44). See in particular points 29 to 31 of the recitals of this Regulation.

(12)  Commission Implementing Regulation (EU) No 273/2010 of 30 March 2010 (OJ L 84, 31.3.2010, p. 25). See in particular points 41 to 49 of the recitals of this Regulation.

(13)  Commission Implementing Regulation (EU) No 590/2010 of 5 July 2010 (OJ L 170, 6.7.2010, p. 9). See in particular points 60 to 71 of the recitals of this Regulation.

(14)  Commission Implementing Regulation (EU) No 273/2010 of 30 March 2010 (OJ L 84, 31.3.2010, p. 25). See in particular points 74 to 87 of the recitals of this Regulation.

(15)  Commission Implementing Regulation (EU) No 659/2013 of 10 July 2013 (OJ L 190, 11.7.2013, p. 54). See in particular points 80 to 94 of the recitals of this Regulation.

(16)  Commission Implementing Regulation (EU) No 368/2014 of 10 April 2014 (OJ L 108, 11.4.2014, p. 16). See in particular points 102 to 119 of the recitals of this Regulation.


ANNEX A

LIST OF AIR CARRIERS WHICH ARE BANNED FROM OPERATING WITHIN THE UNION, WITH EXCEPTIONS  (1)

Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different)

Air Operator Certificate (‘AOC’) Number or Operating Licence Number

ICAO airline designation number

State of the Operator

BLUE WING AIRLINES

SRBWA-01/2002

BWI

Suriname

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

 

 

Islamic Republic of Afghanistan

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 responsibility for regulatory oversight of Angola, with the exception of TAAG Angola Airlines put in Annex B, including

 

 

Republic of Angola

AEROJET

AO 008-01/11

TEJ

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

AIR26

AO 003-01/11-DCD

DCD

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

MAVEWA

016

Unknown

Republic of Angola

SONAIR

AO 002-01/10-SOR

SOR

Republic of Angola

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

 

 

Republic of Benin

AERO BENIN

PEA No 014/MDCTTTATP-PR/ANAC/DEA/SCS

AEB

Republic of Benin

AFRICA AIRWAYS

Unknown

AFF

Republic of Benin

ALAFIA JET

PEA No 014/ANAC/MDCTTTATP-PR/DEA/SCS

Unknown

Republic of Benin

BENIN GOLF AIR

PEA No 012/MDCTTP-PR/ANAC/DEA/SCS.

BGL

Republic of Benin

BENIN LITTORAL AIRWAYS

PEA No 013/MDCTTTATP-PR/ANAC/DEA/SCS.

LTL

Republic of Benin

COTAIR

PEA No 015/MDCTTTATP-PR/ANAC/DEA/SCS.

COB

Republic of Benin

ROYAL AIR

PEA No 11/ANAC/MDCTTP-PR/DEA/SCS

BNR

Republic of Benin

TRANS AIR BENIN

PEA No 016/MDCTTTATP-PR/ANAC/DEA/SCS

TNB

Republic of Benin

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

 

 

Republic of Congo

AERO SERVICE

RAC06-002

RSR

Republic of Congo

CANADIAN AIRWAYS CONGO

RAC06-012

Unknown

Republic of Congo

EMERAUDE

RAC06-008

Unknown

Republic of Congo

EQUAFLIGHT SERVICES

RAC 06-003

EKA

Republic of Congo

EQUAJET

RAC06-007

EKJ

Republic of Congo

EQUATORIAL CONGO AIRLINES S.A.

RAC 06-014

Unknown

Republic of Congo

MISTRAL AVIATION

RAC06-011

Unknown

Republic of Congo

TRANS AIR CONGO

RAC 06-001

TSG

Republic of Congo

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

 

 

Democratic Republic of Congo (DRC)

AIR FAST CONGO

409/CAB/MIN/TVC/0112/2011

Unknown

Democratic Republic of Congo (DRC)

AIR KASAI

409/CAB/MIN/TVC/0053/2012

Unknown

Democratic Republic of Congo (DRC)

AIR KATANGA

409/CAB/MIN/TVC/0056/2012

Unknown

Democratic Republic of Congo (DRC)

AIR TROPIQUES

409/CAB/MIN/TVC/00625/2011

Unknown

Democratic Republic of Congo (DRC)

BLUE AIRLINES

106/CAB/MIN/TVC/2012

BUL

Democratic Republic of Congo (DRC)

BLUE SKY

409/CAB/MIN/TVC/0028/2012

Unknown

Democratic Republic of Congo (DRC)

BUSY BEE CONGO

409/CAB/MIN/TVC/0064/2010

Unknown

Democratic Republic of Congo (DRC)

COMPAGNIE AFRICAINE D'AVIATION (CAA)

409/CAB/MIN/TVC/0050/2012

Unknown

Democratic Republic of Congo (DRC)

CONGO AIRWAYS

019/CAB/MIN/TVC/2015

Unknown

Democratic Republic of Congo (DRC)

DAKOTA SPRL

409/CAB/MIN/TVC/071/2011

Unknown

Democratic Republic of Congo (DRC)

DOREN AIR CONGO

102/CAB/MIN/TVC/2012

Unknown

Democratic Republic of Congo (DRC)

GOMAIR

409/CAB/MIN/TVC/011/2010

Unknown

Democratic Republic of Congo (DRC)

KIN AVIA

409/CAB/MIN/TVC/0059/2010

Unknown

Democratic Republic of Congo (DRC)

KORONGO AIRLINES

409/CAB/MIN/TVC/001/2011

KGO

Democratic Republic of Congo (DRC)

MALU AVIATION

098/CAB/MIN/TVC/2012

Unknown

Democratic Republic of Congo (DRC)

MANGO AIRLINES

409/CAB/MIN/TVC/009/2011

Unknown

Democratic Republic of Congo (DRC)

SERVE AIR

004/CAB/MIN/TVC/2015

Unknown

Democratic Republic of Congo (DRC)

SERVICES AIR

103/CAB/MIN/TVC/2012

Unknown

Democratic Republic of Congo (DRC)

SWALA AVIATION

409/CAB/MIN/TVC/0084/2010

Unknown

Democratic Republic of Congo (DRC)

TRANSAIR CARGO SERVICES

409/CAB/MIN/TVC/073/2011

Unknown

Democratic Republic of Congo (DRC)

WILL AIRLIFT

409/CAB/MIN/TVC/0247/2011

Unknown

Democratic Republic of Congo (DRC)

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

 

 

Djibouti

DAALLO AIRLINES

Unknown

DAO

Djibouti

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

 

 

Equatorial Guinea

CEIBA INTERCONTINENTAL

2011/0001/MTTCT/DGAC/SOPS

CEL

Equatorial Guinea

CRONOS AIRLINES

2011/0004/MTTCT/DGAC/SOPS

Unknown

Equatorial Guinea

PUNTO AZUL

2012/0006/MTTCT/DGAC/SOPS

Unknown

Equatorial Guinea

TANGO AIRWAYS

Unknown

Unknown

Equatorial Guinea

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

 

 

Eritrea

ERITREAN AIRLINES

AOC No 004

ERT

Eritrea

NASAIR ERITREA

AOC No 005

NAS

Eritrea

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

 

 

Republic of Gabon

AFRIC AVIATION

010/MTAC/ANAC-G/DSA

EKG

Republic of Gabon

ALLEGIANCE AIR TOURIST

007/MTAC/ANAC-G/DSA

LGE

Republic of Gabon

NATIONALE REGIONALE TRANSPORT (N.R.T)

008/MTAC/ANAC-G/DSA

NRG

Republic of Gabon

SKY GABON

009/MTAC/ANAC-G/DSA

SKG

Republic of Gabon

SOLENTA AVIATION GABON

006/MTAC/ANAC-G/DSA

SVG

Republic of Gabon

TROPICAL AIR-GABON

011/MTAC/ANAC-G/DSA

Unknown

Republic of Gabon

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

 

 

Republic of Indonesia

AIR BORN INDONESIA

135-055

Unknown

Republic of Indonesia

AIR PACIFIC UTAMA

135-020

Unknown

Republic of Indonesia

ALFA TRANS DIRGANTATA

135-012

Unknown

Republic of Indonesia

ANGKASA SUPER SERVICES

135-050

LBZ

Republic of Indonesia

ASCO NUSA AIR

135-022

Unknown

Republic of Indonesia

ASI PUDJIASTUTI

135-028

SQS

Republic of Indonesia

AVIASTAR MANDIRI

121-043

Unknown

Republic of Indonesia

AVIASTAR MANDIRI

135-029

VIT

Republic of Indonesia

BATIK AIR

121-050

BTK

Republic of Indonesia

CITILINK INDONESIA

121-046

CTV

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

ESD

Republic of Indonesia

ELANG LINTAS INDONESIA

135-052

Unknown

Republic of Indonesia

ELANG NUSANTARA AIR

135-053

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

HEAVY LIFT

135-042

Unknown

Republic of Indonesia

INDONESIA AIR ASIA EXTRA

121-054

Unknown

Republic of Indonesia

INDONESIA AIR TRANSPORT

121-034

IDA

Republic of Indonesia

INTAN ANGKASA AIR SERVICE

135-019

Unknown

Republic of Indonesia

JAYAWIJAYA DIRGANTARA

121-044

JWD

Republic of Indonesia

JOHNLIN AIR TRANSPORT

135-043

JLB

Republic of Indonesia

KAL STAR

121-037

KLS

Republic of Indonesia

KARTIKA AIRLINES

121-003

KAE

Republic of Indonesia

KOMALA INDONESIA

135-051

Unknown

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

MNS

Republic of Indonesia

MARTABUANA ABADION

135-049

Unknown

Republic of Indonesia

MATTHEW AIR NUSANTARA

135-048

Unknown

Republic of Indonesia

MIMIKA AIR

135-007

Unknown

Republic of Indonesia

MY INDO AIRLINES

121-042

Unknown

Republic of Indonesia

NAM AIR

121-058

Unknown

Republic of Indonesia

NATIONAL UTILITY HELICOPTER

135-011

Unknown

Republic of Indonesia

NUSANTARA AIR CHARTER

121-022

SJK

Republic of Indonesia

NUSANTARA BUANA AIR

135-041

Unknown

Republic of Indonesia

PACIFIC ROYALE AIRWAYS

121-045

PRQ

Republic of Indonesia

PEGASUS AIR SERVICES

135-036

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

SAYAP GARUDA INDAH

135-004

Unknown

Republic of Indonesia

SMAC

135-015

SMC

Republic of Indonesia

SRIWIJAYA AIR

121-035

SJY

Republic of Indonesia

SURVEI UDARA PENAS

135-006

PNS

Republic of Indonesia

SURYA AIR

135-046

Unknown

Republic of Indonesia

TRANSNUSA AVIATION MANDIRI

121-048

TNU

Republic of Indonesia

TRANSWISATA PRIMA AVIATION

135-021

TWT

Republic of Indonesia

TRAVEL EXPRESS AVIATION SERVICE

121-038

XAR

Republic of Indonesia

TRAVIRA UTAMA

135-009

TVV

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 responsibility for regulatory oversight of Kazakhstan, with the exception of Air Astana put in Annex B, including

 

 

Republic of Kazakhstan

AIR ALMATY

AK-0483-13

LMY

Republic of Kazakhstan

ATMA AIRLINES

AK-0469-12

AMA

Republic of Kazakhstan

AVIA-JAYNAR/AVIA-ZHAYNAR

AK-0467-12

SAP

Republic of Kazakhstan

BEK AIR

AK-0463-12

BEK

Republic of Kazakhstan

BEYBARS AIRCOMPANY

AK-0473-13

BBS

Republic of Kazakhstan

BURUNDAYAVIA AIRLINES

KZ-01/001

BRY

Republic of Kazakhstan

COMLUX-KZ

KZ-01/002

KAZ

Republic of Kazakhstan

EAST WING

KZ-01/007

EWZ

Republic of Kazakhstan

EURO-ASIA AIR

AK-0472-13

EAK

Republic of Kazakhstan

FLY JET KZ

AK-0477-13

FJK

Republic of Kazakhstan

INVESTAVIA

AK-0479-13

TLG

Republic of Kazakhstan

IRTYSH AIR

AK-0468-13

MZA

Republic of Kazakhstan

JET AIRLINES

KZ-01/003

SOZ

Republic of Kazakhstan

KAZAIR JET

AK-0474-13

KEJ

Republic of Kazakhstan

KAZAIRTRANS AIRLINE

AK-0466-12

KUY

Republic of Kazakhstan

KAZAVIASPAS

AK-0484-13

KZS

Republic of Kazakhstan

PRIME AVIATION

AK-0478-13

PKZ

Republic of Kazakhstan

SCAT

KZ-01/004

VSV

Republic of Kazakhstan

ZHETYSU AIRCOMPANY

AK-0470-12

JTU

Republic of Kazakhstan

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

 

 

Kyrgyz Republic

AIR BISHKEK (formerly EASTOK AVIA)

15

EAA

Kyrgyz Republic

AIR MANAS

17

MBB

Kyrgyz Republic

AVIA TRAFFIC COMPANY

23

AVJ

Kyrgyz Republic

CENTRAL ASIAN AVIATION SERVICES (CAAS)

13

CBK

Kyrgyz Republic

HELI SKY

47

HAC

Kyrgyz Republic

AIR KYRGYZSTAN

03

LYN

Kyrgyz Republic

MANAS AIRWAYS

42

BAM

Kyrgyz Republic

S GROUP INTERNATIONAL (formerly S GROUP AVIATION)

45

IND

Kyrgyz Republic

SKY BISHKEK

43

BIS

Kyrgyz Republic

SKY KG AIRLINES

41

KGK

Kyrgyz Republic

SKY WAY AIR

39

SAB

Kyrgyz Republic

TEZ JET

46

TEZ

Kyrgyz Republic

VALOR AIR

07

VAC

Kyrgyz Republic

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

 

 

Liberia

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

 

 

Libya

AFRIQIYAH AIRWAYS

007/01

AAW

Libya

AIR LIBYA

004/01

TLR

Libya

BURAQ AIR

002/01

BRQ

Libya

GHADAMES AIR TRANSPORT

012/05

GHT

Libya

GLOBAL AVIATION AND SERVICES

008/05

GAK

Libya

LIBYAN AIRLINES

001/01

LAA

Libya

PETRO AIR

025/08

PEO

Libya

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

 

 

Republic of Mozambique

AERO-SERVIÇOS SARL

MOZ-08

Unknown

Republic of Mozambique

CFM — TRABALHOS E TRANSPORTES AÉREOS LDA

MOZ-07

Unknown

Republic of Mozambique

COA — COASTAL AVIATION

MOZ-15

Unknown

Republic of Mozambique

CPY — CROPSPRAYERS

MOZ-06

Unknown

Republic of Mozambique

CRA — CR AVIATION LDA

MOZ-14

Unknown

Republic of Mozambique

EMÍLIO AIR CHARTER LDA

MOZ-05

Unknown

Republic of Mozambique

ETA — EMPRESA DE TRANSPORTES AÉREOS LDA

MOZ-04

Unknown

Republic of Mozambique

HCP — HELICÓPTEROS CAPITAL LDA

MOZ-11

Unknown

Republic of Mozambique

KAY — KAYA AIRLINES, LDA

MOZ-09

KYY

Republic of Mozambique

LAM — LINHAS AÉREAS DE MOÇAMBIQUE S.A.

MOZ-01

LAM

Republic of Mozambique

MAKOND, LDA

MOZ-20

Unknown

Republic of Mozambique

MEX — MOÇAMBIQUE EXPRESSO, SARL MEX

MOZ-02

MXE

Republic of Mozambique

OHI — OMNI HELICÓPTEROS INTERNATIONAL LDA

MOZ-17

Unknown

Republic of Mozambique

SAF — SAFARI AIR LDA

MOZ-12

Unknown

Republic of Mozambique

SAM — SOLENTA AVIATION MOZAMBIQUE, SA

MOZ-10

Unknown

Republic of Mozambique

TTA — TRABALHOS E TRANSPORTES AÉREOS LDA

MOZ-16

TTA

Republic of Mozambique

UNIQUE AIR CHARTER LDA

MOZ-13

Unknown

Republic of Mozambique

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

 

 

Republic of Nepal

AIR DYNASTY HELI. S.

035/2001

Unknown

Republic of Nepal

AIR KASTHAMANDAP

051/2009

Unknown

Republic of Nepal

BUDDHA AIR

014/1996

BHA

Republic of Nepal

FISHTAIL AIR

017/2001

Unknown

Republic of Nepal

GOMA AIR

064/2010

Unknown

Republic of Nepal

MAKALU AIR

057A/2009

Unknown

Republic of Nepal

MANANG AIR PVT LTD

082/2014

Unknown

Republic of Nepal

MOUNTAIN HELICOPTERS

055/2009

Unknown

Republic of Nepal

MUKTINATH AIRLINES

081/2013

Unknown

Republic of Nepal

NEPAL AIRLINES CORPORATION

003/2000

RNA

Republic of Nepal

SHREE AIRLINES

030/2002

SHA

Republic of Nepal

SIMRIK AIR

034/2000

Unknown

Republic of Nepal

SIMRIK AIRLINES

052/2009

RMK

Republic of Nepal

SITA AIR

033/2000

Unknown

Republic of Nepal

TARA AIR

053/2009

Unknown

Republic of Nepal

YETI AIRLINES DOMESTIC

037/2004

NYT

Republic of Nepal

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

 

 

Sao Tome and Principe

AFRICA'S CONNECTION

10/AOC/2008

ACH

Sao Tome and Principe

STP AIRWAYS

03/AOC/2006

STP

Sao Tome and Principe

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

 

 

Sierra Leone

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 responsibility for regulatory oversight of Sudan, including

 

 

Republic of Sudan

ALFA AIRLINES

54

AAJ

Republic of the Sudan

ALMAJAL AVIATION SERVICE

15

MGG

Republic of the Sudan

BADER AIRLINES

35

BDR

Republic of the Sudan

BENTIU AIR TRANSPORT

29

BNT

Republic of the Sudan

BLUE BIRD AVIATION

11

BLB

Republic of the Sudan

DOVE AIRLINES

52

DOV

Republic of the Sudan

ELIDINER AVIATION

8

DND

Republic of the Sudan

FOURTY EIGHT AVIATION

53

WHB

Republic of the Sudan

GREEN FLAG AVIATION

17

Unknown

Republic of the Sudan

HELEJETIC AIR

57

HJT

Republic of the Sudan

KATA AIR TRANSPORT

9

KTV

Republic of the Sudan

KUSH AVIATION

60

KUH

Republic of the Sudan

MARSLAND COMPANY

40

MSL

Republic of the Sudan

MID AIRLINES

25

NYL

Republic of the Sudan

NOVA AIRLINES

46

NOV

Republic of the Sudan

SUDAN AIRWAYS

1

SUD

Republic of the Sudan

SUN AIR COMPANY

51

SNR

Republic of the Sudan

TARCO AIRLINES

56

TRQ

Republic of the Sudan

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

 

 

Zambia

ZAMBEZI AIRLINES

Z/AOC/001/2009

ZMA

Zambia


(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.


ANNEX B

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

Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different)

Air Operator Certificate (‘AOC’) Number

ICAO airline designation number

State of the Operator

Aircraft type restricted

Registration mark(s) and, when available, construction serial number(s) of restricted aircraft

State of registry

TAAG ANGOLA AIRLINES

001

DTA

Republic of Angola

All fleet with the exception of: 6 aircraft of type Boeing B777 and 4 aircraft of type Boeing B737-700.

All fleet with the exception of: D2-TED, D2-TEE, D2-TEF, D2-TEG, D2-TEH, D2-TEI, D2-TBF, D2-TBG, D2-TBH, D2-TBJ.

Republic of Angola

AIR ASTANA  (2)

AK-0475-13

KZR

Kazakhstan

All fleet with the exception of: aircraft of type Boeing B767, aircraft of type Boeing B757, aircraft of type Airbus A319/320/321.

All fleet with the exception of: aircraft within the Boeing B767 fleet, as mentioned on the AOC; aircraft within the Boeing B757 fleet, as mentioned on the AOC; aircraft within the Airbus A319/320/321 fleet, as mentioned on the AOC.

Aruba (Kingdom of the Netherlands)

AIR SERVICE COMORES

06-819/TA-15/DGACM

KMD

Comoros

All fleet with the exception of: LET 410 UVP.

All fleet with the exception of: D6-CAM (851336).

Comoros

AFRIJET BUSINESS SERVICE  (3)

002/MTAC/ANAC-G/DSA

ABS

Republic of Gabon

All fleet with the exception of: 2 aircraft of type Falcon 50, 2 aircraft of type Falcon 900.

All fleet with the exception of: TR-LGV; TR-LGY; TR-AFJ; TR-AFR.

Republic of Gabon

NOUVELLE AIR AFFAIRES GABON (SN2AG)

003/MTAC/ANAC-G/DSA

NVS

Republic of Gabon

All fleet with the exception of: 1 aircraft of type Challenger CL-601, 1 aircraft of type HS-125-800.

All fleet with the exception of: TR-AAG, ZS-AFG.

Republic of Gabon; Republic of South Africa

IRAN AIR  (4)

FS100

IRA

Islamic Republic of Iran

All fleet with the exception of: 14 aircraft of type Airbus A300, 8 aircraft of type Airbus A310, 1 aircraft Boeing B737.

All fleet with the exception of: EP-IBA, EP-IBB, 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.

Islamic Republic of Iran

AIR KORYO

GAC-AOC/KOR-01

KOR

Democratic People's Republic of Korea

All fleet with the exception of: 2 aircraft of type TU- 204.

All fleet with the exception of: P-632, P-633.

Democratic People's Republic of Korea

AIR MADAGASCAR

5R-M01/2009

MDG

Madagascar

All fleet with the exception of: aircraft of type Boeing B737, aircraft of type ATR 72/42 and 3 aircraft of type DHC 6-300.

All fleet with the exception of: aircraft within the Boeing B737 fleet, as mentioned on the AOC, aircraft within the ATR 72/42 fleet, as mentioned on the AOC; 5R-MGC, 5R-MGD, 5R-MGF.

Republic of Madagascar


(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.

(2)  Air Astana is only allowed to use the specific aircraft types mentioned, provided that they are registered in Aruba and that all changes to the AOC are timely submitted to the Commission and to Eurocontrol.

(3)  Afrijet is only allowed to use the specific aircraft mentioned for its current level of operations within the Union.

(4)  Iran Air is allowed to operate to the Union using the specific aircraft under the conditions set out in Recital (69) of Regulation (EU) No 590/2010, OJ L 170, 6.7.2010, p. 15.


27.6.2015   

EN

Official Journal of the European Union

L 162/98


COMMISSION IMPLEMENTING REGULATION (EU) 2015/1015

of 26 June 2015

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day 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, 26 June 2015.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development


(1)  OJ L 347, 20.12.2013, p. 671.

(2)  OJ L 157, 15.6.2011, p. 1.


ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AL

32,3

MA

145,0

MK

33,9

ZZ

70,4

0707 00 05

MK

20,6

TR

111,1

ZZ

65,9

0709 93 10

TR

110,1

ZZ

110,1

0805 50 10

AR

113,0

BO

143,4

BR

107,1

TR

102,0

ZA

145,3

ZZ

122,2

0808 10 80

AR

163,3

BR

100,0

CL

131,7

NZ

142,4

US

184,1

ZA

118,9

ZZ

140,1

0809 10 00

TR

270,4

ZZ

270,4

0809 29 00

TR

344,4

US

581,4

ZZ

462,9


(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.


DECISIONS

27.6.2015   

EN

Official Journal of the European Union

L 162/100


COUNCIL DECISION (EU) 2015/1016

of 23 June 2015

on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114, in conjunction with Article 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

(2)

Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 thereto.

(3)

Protocol 31 to the EEA Agreement contains provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

(4)

It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in actions funded from the general budget of the Union concerning ‘Operation and development of the internal market, particularly in the fields of notification, certification and sectoral approximation’ and ‘Implementation and development of the internal market’.

(5)

Protocol 31 to the EEA Agreement should therefore be amended, in order to allow for this extended cooperation to continue beyond 31 December 2014.

(6)

The position of the Union within the EEA Joint Committee should be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted, on behalf of the European Union, within the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement shall be based on the draft Decision of that Committee attached to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 23 June 2015.

For the Council

The President

E. RINKĒVIČS


(1)  OJ L 305, 30.11.1994, p. 6.

(2)  OJ L 1, 3.1.1994, p. 3.


DRAFT

DECISION OF THE EEA JOINT COMMITTEE No …/2015

of

amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,

Whereas:

(1)

It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the European Union regarding the implementation, operation and development of the Internal Market.

(2)

Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to continue beyond 31 December 2014,

HAS ADOPTED THIS DECISION:

Article 1

Article 7 of Protocol 31 to the EEA Agreement shall be amended as follows:

1.

The following paragraph shall be inserted after paragraph 9:

‘10.   The EFTA States shall, as from 1 January 2015, participate in the Union actions related to the following budget lines, entered into the general budget of the European Union for the financial year 2015:

Budget line 02.03.01: “Operation and development of the internal market, particularly in the fields of notification, certification and sectoral approximation”,

Budget line 12.02.01: “Implementation and development of the internal market”.’

2.

The words ‘paragraphs 5 to 9’ in paragraphs 3 and 4 shall be replaced by the words ‘paragraphs 5 to 10’.

Article 2

This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (1).

It shall apply from 1 January 2015.

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, .

For the EEA Joint Committee

The President

The Secretaries

to the EEA Joint Committee


(1)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]