Commission Delegated Regulation (EU) 2023/660 of 2 December 2022 laying down detailed rules for the list of air carriers banned from operating or subject to operational restrictions within the Union referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council and repealing Regulation (EC) No 473/2006 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

This Regulation lays down detailed rules in respect to the following procedures referred to in Chapter II of Regulation (EC) No 2111/2005: (a) Establishment of the Union list; (b) Updating of the Union list; (c) Exceptional measures adopted by a Member State; (d) Exercise of air carriers’ right of defence; (e) Enforcement of the Union list by Member States.

1 A Member State that requests that the Commission updates the Union list in accordance with Article 4(2) of Regulation (EC) No 2111/2005 shall provide to the Commission the information set out in Annex I to this Regulation.

2 The request mentioned in paragraph 1 shall be addressed to the Secretariat-General of the Commission. In addition, the information set out in Annex I shall be communicated simultaneously to the competent services of the Directorate-General for Mobility and Transport of the Commission.

3 The Commission shall inform the other Member States of the request mentioned in paragraph 1 through their representatives in the Air Safety Committee in accordance with the procedures provided in the Committee’s internal rules. The Commission shall also inform the European Union Aviation Safety Agency (‘the Agency’).

1 A Member State that is considering making a request to the Commission under Article 4(2) of Regulation (EC) No 2111/2005 shall invite the Commission, the Agency, and the other Member States to participate in any consultations with the authorities responsible for the oversight of the air carrier concerned.

2 The adoption of the decisions referred to in Article 4(2) and Article 5 of Regulation (EC) No 2111/2005 shall be preceded, when appropriate and feasible, by consultations with the authorities responsible for the oversight of the air carrier concerned. Whenever possible, consultations shall be held jointly by the Commission, the Agency, and the Member States.

3 In cases where urgency so requires, joint consultations may be held after the adoption of the decisions referred in Article 4(2) and Article 5. In that case, the Commission shall inform the authority concerned that a decision is about to be adopted under Article 4(2) or Article 5(1).

4 Joint consultations may be conducted through correspondence and take place during on-site visits in order to permit the collection of evidence, where appropriate.

1 Before the Commission adopts a decision under Article 4(2) or Article 5 of Regulation (EC) No 2111/2005, it shall disclose to the air carrier concerned the essential facts and considerations that form the basis for such decision. The air carrier concerned shall be given an opportunity to submit written comments to the Commission within 10 working days from the date of disclosure. When the decision concerns more than one air carrier certified in the same State, it is considered that the submission of written comments to the Commission within 10 working days has been met once the Commission has disclosed the essential facts and considerations it receives to the authorities responsible for the oversight of these air carriers.

2 The Commission shall inform the Agency and the Member States through their representatives in the Air Safety Committee in accordance with the procedures provided in the Committee’s internal rules. At the request of the air carrier concerned, it shall be permitted to present its position orally in front of the Air Safety Committee before a decision under Article 4(2) or Article 5 of Regulation (EC) No 2111/2005 is adopted. During the presentation, the air carrier concerned may be assisted by the authorities responsible for its oversight if it so requests.

3 In cases of urgency, the Commission shall not be required to fulfil the disclosure obligation referred to in paragraph 1 of this Article before adopting a provisional measure in accordance with Article 5(1) of Regulation (EC) No 2111/2005.

4 When the Commission adopts a decision under Article 4(2) or Article 5 of Regulation (EC) No 2111/2005, it shall immediately inform the carrier concerned and the authorities responsible for its oversight.

Member States shall inform the Commission of any measures taken to implement the decisions adopted by the Commission under Article 4(2) or Article 5 of Regulation (EC) No 2111/2005.

1 When a Member State has subjected an air carrier to an immediate operating ban in its territory as permitted by Article 6(1) of Regulation (EC) No 2111/2005, it shall immediately inform the Commission of that fact and communicate to the Commission the information set out in Annex II.

2 When a Member State has maintained or imposed an operating ban on an air carrier in its territory as permitted by Article 6(2) of Regulation (EC) No 2111/2005 it shall immediately inform the Commission of that fact and communicate to the Commission the information set out in Annex III.

3 The information set out in Annex II and III shall be addressed to the Secretariat-General of the Commission. In addition, the information described in Annex II or III shall be communicated simultaneously to the competent services of the Directorate-General for Mobility and Transport of the Commission.

4 The Commission shall inform the Agency and the other Member States through their representatives in the Air Safety Committee in accordance with the procedures provided in the Committee’s internal rules.

Regulation (EC) No 473/2006 is repealed.

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