Regulation 2006/474 - EC list of air carriers which are subject to an operating ban within the EC referred to in Chapter II of Regulation 2111/2005 - Main contents
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official title
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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2006/474 |
| CELEX number i | 32006R0474 |
| Document | 22-03-2006 |
|---|---|
| Publication in Official Journal | 23-03-2006; OJ L 330M , 9.12.2008,OJ L 84, 23.3.2006,Special edition in Bulgarian: Chapter 07 Volume 015,Special edition in Croatian: Chapter 07 Volume 011,Special edition in Romanian: Chapter 07 Volume 015 |
| Effect | 24-03-2006; Entry into force Date pub. +1 See Art 4 |
| End of validity | 31-12-9999 |
23.3.2006 |
EN |
Official Journal of the European Union |
L 84/14 |
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
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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 transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/CE (1), and in particular Article 3 thereof,
Whereas:
(1) |
Chapter II of Regulation (EC) No 2111/2005 (hereinafter referred to as ‘the basic Regulation’) lays down procedures for establishing the Community list of air carriers which are subject to an operating ban within the Community as well as procedures allowing the Member States, in certain circumstances, to adopt exceptional measures imposing operating bans within their territory. |
(2) |
In accordance with Article 3(3) of the basic Regulation, each Member State communicated to the Commission the identity of the air carriers that are subject to an operating ban in its territory, together with the reasons which led to the adoption of such bans and any other relevant information. |
(3) |
The Commission informed all air carriers concerned either directly or, when this was not practicable, through the authorities responsible for their regulatory oversight, indicating the essential facts and considerations which would form the basis for a decision to impose them an operating ban within the Community. |
(4) |
In accordance with Article 7 of the basic Regulation, opportunity was given by the Commission to the air carriers concerned to consult the documents provided by Member States, to submit written comments and to make an oral presentation to the Commission within 10 working days and to the Air Safety Committee (2). |
(5) |
The common criteria for consideration of an operating ban for safety reasons at Community level are set out in the Annex to the basic Regulation. |
(6) |
There is verified evidence of serious safety deficiencies on the part of Air Bangladesh with regard to a certain aircraft of its fleet. These deficiencies have been identified during ramp inspections performed by Germany under the SAFA programme (3). |
(7) |
Air Bangladesh did not respond adequately and timely to an enquiry by the civil aviation authority of Germany regarding the safety aspect of its operation showing a lack of transparency or communication, as demonstrated by its lack of reply to correspondence from this Member State. To date Germany had no opportunity to verify whether the safety deficiencies have been corrected. |
(8) |
The authorities of Bangladesh with responsibility for regulatory oversight of Air Bangladesh have not exercised an adequate oversight on one specific aircraft used by this carrier in accordance with their obligations under the Chicago Convention. |
(9) |
Therefore, on the basis of the common criteria, it is assessed that Air Bangladesh should be submitted to a strict operational restriction and included in Annex B. |
(10) |
There is verified evidence of serious safety deficiencies on the part of Air Koryo. These deficiencies have been identified by France and Germany, during ramp inspections performed under the SAFA programme (4). |
(11) |
Persistent failure by Air Koryo to address deficiencies... |
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