L 104/10 Official Journal of the European Union 20.4.2011 COMMISSION IMPLEMENTING REGULATION (EU) No 390/2011 of 19 April 2011 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, (5)  The authorities with responsibility for regulatory 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/EC ('), and in particular Article 4 thereof, Whereas: (1) Commission Regulation (EC) No 474/2006 (2) established the Community 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. In accordance with Article 4(3) of Regulation (EC) No 21112005, some Member States communicated to the Commission information that is relevant in the context of updating the Community list. Relevant information was also communicated by third countries. On this basis, the Community list should be updated. 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 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 Community list. Opportunity was given by the Commission to the air carriers concerned to consult 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 estab- lished by Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of the technical requirements and administrative procedures in the field of civil aviation (?). 344, 27.12.2005, p. 15. oJ L O] L 84, 23.3.2006, p. 14. oJL 373, 31.12.1991, p. 4. oversight over the air carriers concerned have been consulted by the Commission as well as, in specific cases, by some Member States. The Air Safety Committee has heard presentations by the European Aviation Safety Agency (EASA) and the Commission about the technical assistance projects carried out in the countries affected by Regulation (EC) No 2111/2005. It has been informed about the requests for further technical assistance and cooperation to improve the administrative and technical capability of civil aviation authorities with a view to resolving any non compliance with applicable international standards. The Air Safety Committee has also been informed about enforcement actions taken by EASA and Member States to ensure the continuing airworthiness and maintenance of aircraft registered in the Union and operated by air carriers certified by civil aviation authorities of third countries. The Air Safety Committee has also heard presentations by EASA about the categorisation of findings when carrying out ramp inspections in the framework of the of the EU Safety Assessment of Foreign Aircraft (SAFA) programme and has endorsed the Agency’s proposals for a new categorisation of non-compliances with ICAO English Language Proficiency (ELP) requirements for pilots in the interest of guaranteeing full compliance with ELP standards without further delay. In accordance with such proposal, a category 2 finding should be raised in case of no ELP compliance but where the licensing state has filed an action plan with ICAO to bring itself to compliance. Furthermore, a category 3 finding should be raised in case of no ELP compliance and where the licensing state has not filed an action plan with ICAO or has notified full compliance without effectively respecting this requirement. Finally, a general remark (category G) should be recorded where formal ELP compliance can be attested even though actual communi- cation during the ramp inspection process is very difficult because of the clear lack of English command of the pilots. The Air Safety Committee agreed to seek to apply these proposals in a harmonised way. EASA undertook to publish shortly relevant guidance material. The Air Safety Committee also endorsed the Agency’s proposal for Member States to establish functional links with the relevant Air Navigation Service Providers to report communication difficulties with aircraft crews due to the insufficient command of English of