L 239/50 Official Journal of the European Union 12.9.2007 COMMISSION REGULATION (EC) No 10432007 of 11 September 2007 amending Commission 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 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 4 thereof, Whereas: (1)  Commission Regulation (EC) No 474/2006 (?) established the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter 1I of Regulation (EC) No 2111/2005. () In accordance with Article 6(1) of Regulation (EC) No 2111/2005, three Member States adopted exceptional measures imposing an immediate operating ban in respect of their own territory in order to react to unforeseen safety problems. (3)  In accordance with Article 6(3) of Regulation (EC) No 2111/2005 and Article 2 of Commission Regulation (EC) No 473/2006 of 22 March 2006 laying down imple- menting 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 (}), two Member States requested to update the Community list. (4 It is evident that the continued operation of these two carriers is likely to constitute a serious risk to safety, and that such a risk has not been fully resolved by means of () O] L 344, 27.12.2005, p. 15. (®» OJ L 84, 23.3.2006, p. 14. Regulation as last amended by Regu- lation (EC) No 787/2007 (O] L 175, 5.7.2007, p. 10). () O] L 84, 23.3.2006, p. 8. urgent measures taken by the three Member States concerned. (5 The Commission informed the air carriers concerned indicating the essential facts and considerations which would form the basis for a decision to impose on them an operating ban within the Community. (6) Since urgent measures are necessary to resolve this situation, therefore, in accordance with Article 4(3) of Regulation 473/2006, the Commission is not required to comply with the provisions of Article 4(1) of the same Regulation. However opportunity was given by the Commission to the air carriers in question to consult the documents provided by Member States, to submit written comments and to make an oral presen- tation to the Commission within 10 working days. (7)  The authorities with responsibility for regulatory oversight over these air carriers have been consulted by the Commission as well as by some Member States. Mahan Air (8)  There is verified evidence of serious safety deficiencies on the part of Mahan Air certified in the Islamic Republic of Iran. These deficiencies have been identified by Germany and the United Kingdom during ramp inspections performed under the SAFA programme (*). The repetition of these inspection findings shows systemic safety defi- ciencies. (9)  The United Kingdom has communicated to the Commission that on 20 July 2007 it adopted an immediate operating ban on the whole fleet of Mahan Air taking into account the common criteria, in the framework of Article 6(1) of Regulation (EC) No 2111/2005. () LBA/D-2004-124, LBA/D-2004-270, LBA/D-2004-291, LBA/D- 2005-554, LBA/D-2006-56, LBA/D-2006-512, LBA/D-2006-760, LBA/D-2007-43, LBA/D-2007-154, LBA/D-2007-177, LBA/D- 2007-376, LBA/D-2007-393, LBA/D-2007-405, LBA/D-2007-431, CAA-UK-2006-241, CAA-UK-2007-3, CAA-UK-2007-7, CAA-UK- 2007-71, CAA-UK-2007-89.