prop · GG03202 · 1992-12-31 00:00:00 — aninadequate safety level conesponding to the application of the conunontechnical requirements and administrative procedures, or shortcomingsin the common technical requirements and administrative procedures, the forthwith inform the Commission andthe other Member States of the measures taken and the reasons therefor. In the cases refened to in paragraph 1, theCommission shall consult the Member States at the earliest opportunity. If an inadequate level of safety or a shoncoming in the common technical requirements and administrative procedures is confirmed, the Commission shall make appropriate proposals in accordance with the procedures provided for in Artide 4 and/or Artide 11. Member States shall take the necessary steps to coordinatctheir research programmes to improve the safety of dvil airaaft and theiroperation and to inform the Commission Where the amendments referred to in paragraph 1 containa national variant for a the Commission, following the procedurelaid down in Artide 12, shall dedde whether or not to indude that variant inthe conunon technical requirements and administrative procedures. 1.For theapplication of Artides 8, 9 and 11, the Commission shall be assisted by acommittee composed of representatives of the Member States and chaired by theCommission representative. 2.Therepresentative of the Commission shall submit to the committee a draft of themeasures to be taken. shall deliver its opinion on the draftwithin a time linut which the chairman may lay down according to the urgency ofthe matter. The opinion shall be ddivercd by the majority laid down in Article148 (2) of the Treaty in the case of dedsions which the Council is required toadopt on a proposal from the Conunission. The votes of the representative ofthe Member States within the committee shall be weighted in the set outin that Artide. The chairman shall not vote. (a) The Commission shall adopt themeasures envisaged if they are in accordance with the opinion of the committee. (b) If the measures envisaged are notin accordance with the opinion of the committee, or if no opinion is deliveied,the Commission shall, without delay. Official Joumal of Communities Prop.1992/93:202 Bilaga 3 No L 373/7 submit to the Council a proposal relating to the measiu-esto be taken. shall aa by a qualified majority. (c) If, on the expiry of a period of three months from diedate of refenal to the Coundl, the Council has not aaed, the proposed measuresshaU be adopted by the Commission, save where the Coundl has dedded against thesaid measures by a simple majority. Aspart of the mumal assistance referred to in paragraph 1 the Member States'competent authorities shall regularly exchange all available information on: infringementsof this Regulation by non-residents and penalties imposed in respea thereof, penaltiesimposed on its residents by a Mtmber Sute in respea of such infringementscommitted in other Member States. Member States shaU assist one another in implementing this Regulation and inmonitoring its implementation. This Regulation shall enter into force on 1 January 1992. ThisRegulation shall be binding in its entirety and direcdy applicable in all MemberStates. Done at Bmssels, . 1992/93:202 Bilaga 3 No L 373/8 31. Arrangenieots referred to in Article 2 (1) (fa) 'Arrangements conceming the Development, the Acceptance and the Implementation of ()', conduded inCyprus on II September1990. Lists of codes in force contatning the commoo technicalrequirements and administrative procedures referred to JAR 1 Definitions and abbreviations Type certification of products and parts JAR 22 Sailplanes and powered sailplanes JAR 15 Large aeroplanes JAR AWO All weacher operadons JAR APU Auxiliary power units JAR TSO Technical standards orders JAR VLA light aeroplanes JAR 145 Approved maintenance organizations Offidal Joumal of Communities Prop.1992/93:202 Bilaga 3 No L 373/21 (Acts whose publication is not obligatory) on rautuai acceptance of personnel Ucences for theexercise of functions in dvil (91/670/EEC) THECOUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the EuropeanEconomic Community, and in panicular Artide 84 (2) thereof. Whereasit is therefore essential that the common transpon policy in the field of dvUaviation be extended to fadlitate the movement of cockpit personnel within theCommunity; Having regard to the proposal from the Commission ('), Having regard to the opinion of Parliament(2), Having regard to the opinion of the Economic and SodalCommittee (), Whereas the existence in suffident numbers of cockpitpersonnel hoiding the necessary qualifications and licences is vital for thesmooth and safe mnning of air transpon services; Whereas also the completion of the intemal märket by theend of 1992 requires the existence of an effident air transpon system in orderto fadlitate the movement of persons within the Community; Whereasthe requirements for licences of cockpit personnd differ between Member States; Whereas the qualifications required for Ucences are not atpresent laid down by the Commimity; whereas Member States therefore retain theoption of fixing the level of such qualifications with a view to guaranteeingthe safety of services provided by aircraft registered on their territority;whereas they may not, without infringing their obligations laid down in theTreaty, require a national of a to obtain those qualifications,which in general they detennine solely by reference to their own oationaleducarion and training systems, where the person concemed has already acquiredthose qualifications in another Member State; Whereasair transpon is a highly dynamic and rapidly developing seaor of a particularlyintemational charaaer; whereas, therefore, the balance between supply anddemand in personnel can be maintained more effidendy at the Communiry than thenational level; Whereas in order to fadUtate compliance with Treatyobligations and to ensure the mobility of cockpit personnel, a Commimityprcxxdure should be introduced for the acceptance of Ucences and qualificationsof such personnd; C) OJNo C 10, 16. 1990, p. 12; and OJ No C 175, 1991, p. {') OJ No C 284, 12. 1990, p. {>) OJ No C 124, 21. 1990, s. 18. Whereas the recognition of private pilots' licences canalready be established in all Member States; No L 373/22 Official Joumal of Communities Prop.1992/93:202 Bilaga 3 Whereas,if in order to be permitted to operate airaaft registered in a Member Stateother than that where they obtained their licence, professional pilots have tobe subjeaed to additional tests, they should be offered the possibility ofsitting such tests as soon as possible; Whereas training fadlities available in Member States arenot always commensurate with demand; whereas in conformity with Article 7 ofthe Treaty, Member States must admit nationals of other Member States to publicand private ttaining and professional examinations on anon-discriminatory basis; (d) recognition means the permission to use on anairaaft registered in one a licence issued in another , in accordance with ihc privilegcs pertaining thereto; (e) validation means the express dedaration by aMember State that a licence issued by another can be used as one of its own; (f) cockpit personnel means personnel hoiding alicence and charged with duties essential to the operation of an airaaft during flight time. This definition applies to pilots, flight navigatörs and flight engineers. Whereasin order to achieve full mutual recognition of licences, the Council willadopt, taking account of progress reached in the proceedings of intemationalorganizations, before 1 January 1993, on a proposal by the Commission to besubmined before 1 1992, the measures for harmonized requirements in respeaof licences and training programmes; whereas each will recognizeany licence which satisfies these requirements. A accept, without undue delay oradditional tests, any licence issued by another together withprivileges and certificates penaining thereto. HAS ADOPTED THIS DIRECTrVE: Anyperson hoiding a private pilot's licence issued by a bepermined to fly airaaft registered in another . This recognition shallbe limited to the exerdse of the privileges of the holder of a private pilot'slicence and of assodated airaaft rarings imder visual flight rules (VFR) by dayonly in an airaaft certificated for single-pilot operations. ThisDirective shall apply to procedures for mutual acceptance of licences issued byMember States to dvil cockpit personnel. For the purposes of this Directive (a) licence means any valid document,issued by a , authorizing the holder to exerdse functions as amember of the cockpit personnel on board a dvil airaaft registered in a MemberState. This definition also indudes ratings assodated with the document; (b) rating means a statement entered ona licence, or in a separate document, setting forth spedal conditions,privileges or limitations penaining to such licence; (c)acceptanceof licences means any aa of recognition or validation by a of alicence issued by another together with the privileges andcertificates pertaining thereto. The acceptance, which may be effeaed throughthe issue by the of a licence of its own, shall not extend bcyondthe period of vaiidity of the original licence; 1.Artide 3 (1) shall apply where a licence issued by a and presentedto another for acceptance is based on requirements which areequivalent to those of the höst Member Sute. In order to enable the competentauthorities to assess the equivalence of Ucences issued by other Member States,the Conunission shall make, and forward to all the Member States before 1January 1992, a comparison of the requirements appUcd in each forissuing licences for the same functions. (a) may ask theCommission for an opinion on the equivalence of a licence, presented to it foracceptance, within three weeks of receiving the request. (b) The Commission must ddiver anopinion within two months. The concemed shall then have a month toreply to the applicant. (c)If aMember State does not ask the Commission for an opinion, it shaU be bound toreply to the applicant within three months. Prop.1992/93:202 Bilaga 3 No L373/23 (d) The periods referred to in (a), (b) and (c) above shallstan to mn when all the necessary information is available. If, after the examination of a licence by the MemberState to which it has been presented for acceptance, reasonable doubts remainas to the equivalence of the licence concemed, that may,notwithstanding the prindples laid down in Artide 3(1), consider thatadditional requirements and/or tests are necessary to enable the licence to beaccepted. The licence holder, the which issued the licence and theCommission shall be informed thereof in writing. The opportunity to take anadditional test shall be given to the hcence holder by the höst towhich the icence is submined for approval as soon as possible, and in any eventwithout discrimination on grounds of nationality. Where the applicant has met the additional requirementsand/or has passed the required test(s) as laid down in paragraph 3 the MemberState concemed shall fonhwith accept the licence in question. When a issues, for reasons of equivalence, alicence on the basis of a licence issued by a third country together with theprivileges and certificates pertaining thereto, this shall be recorded in thelicence. Other Member States shall not be obliged to accept any such licence. 1.Afterconsulting the Commission, Member States shall bring into force the laws,regulations and administrative provisions necessary to comply with thisDirective before 1 1992. They shall fonhwith inform the Commissionthereof. 2.WhenMember States adopt these measures, they shall contain a reference to thisDireaive or shaU be accompanied by such reference on the occasion of theirofficial publication. The methods of making such a reference shall be laid downby the Member States. 3.MemberStates shall communicate to the Commission the provisions of national law whichthey adopt in the field covered by this Direaive. Notwithstanding the above, with respea to pilot'slicences and notwithstanding paragraphs 1 to 4, a accept anyUcence issued in accordance with the requirements of 1 to the ChicagoConvention on if the bearer satisfies the spedalvalidation requirements laid down in the to this Directive. 4.MemberStates shall assist one another in the implementation of this Directive andshall, if need be, exchange information on the licences they have accepted ongrounds of equivalence. 5.Theconfidential information obtained pursuant to this Directive shall be coveredby professional seaecy. Artide 8 This Directive is addressed to the Member States. Doneat Bmssels, . MemberStates shall ensure that nationals of other Member States are admitted topublic and private training stablishments and to licensing examinations andprocedures on the same basis as appUes to their own nationals. No L 373/24 Official Joumal of Communities Prop.1992/93:202 Bilaga 3 1:2 § s ?-£. a, t SL =-2 5 e ■£ ! r x|o-3 : = i ii = °| -äff- s S s 8 O "5. """ « > « C s U K * c 'q. 0 " H 'Z srt "G « *H U i: r< Official Joumal of Commimiries 1992/93:202 Bilaga 3 No L 373/25 (a) Flight check in role (b) Flight check in role (a) A flight test, including IR test, if appropriate, in flight or simulator (a) A flight test, including IR test, if appropriate, in flight or simulator (a) 700 hours as PIC on conventional aeroplanes including 200 hours in the kind of aerial work for which validation is sought, including 50 hours in the role in the last 12 months (b) 700 hours as PIC on hclicopters including 200 hours in the kind of aerial work for which validation is sought, including 50 hours in the role in the last 12 month (a) 1 500 hours as PIC flying related to the kind of operation for which validation is being sought. If IR flight is required, have gained 500 hours flying experience since gaining an IR (b) 1 500 hours flying related to the kind of operation for which validation is being sought. If [R flight is required, have gaincd 500 hours flying experience since gaining an IR (a) 21 to 60 (b) 21 to 60 (a) 21 to 60 (a) 21 to 60 (a)Class 1 cenificate without waiver (b) Glass 1 certificate without waiver (a) Class 1 cenificate without waiver (b) Class 1 cenificate without waiver (a)CPL-A {b)CPL-H (a)ATPL-H (with IR if IFR flights required) {b)CPL-H(withlR,iflFR flights required) (a) Aerial work in aeroplanes (cxcluding flying instniclion) (b)Aerial work in hclicoptcri (cxcluding flying instnjction and offshore operations) Commcrcial air transportalion or offshore operations in hclicopters (a) PIC (b) Co-pilot £ S :: Official Joumal of Cominunities Prop.1992/93:202 Bilaga 3 No L 14/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 95/93 of 18 January 1993 oncoinmon rules for the allocation of slots at Comtnunity airports THECOUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treary establishing the EuropeanEconomic Community, and in panicular Article 84 (2) thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of ParliamentC), Having regard to the opinion of the Economic and SocialCommittee {% Whereas there is a growing imbalance between the expansionof the air transpon system in Europé and the availability of adequate airportinfrastructure to meet that demand; whereas there is, as a result, anincreasing number of congested airports in the Community; Whereas the allocation of slots at congested airportsshould be based on neutral, transparent and non-discriminatory mles; Whereas the requirement of neutrality is best guaranteedwhen the decision to coordinate an airport is taken by the Member Stateresponsible for that airport on the basis of objective criteria ; Whereas under certain conditions, in order to facilitateoperations, it is desirable that a should be able to designate anairport as coordinated provided that principles of transparency, neutrality andnon-discrimination are met; Whereas the responsible for the coordinatedairport should ensure the appointment of a coordi-nator whose neutrality shouldbe unquestioned ; Whereas transparency of information is an essentialelement for ensuring an objective procedure for slöt allocation ; Whereas the principles goveming the existing system ofslöt allocation could be the basis of this Regulation C) OJ No C 43, 19. 1991, p. (■■) OJ NoC 13, 20. 1992, p. (') OJ No C 339. 1991. p. provided that this system evolves in with theevolution of new transport developments in the Community ; Whereas it is Community policy to facilitate competitionand to encourage entrance into the märket, as provided for in CouncilRegulation (EEC) No 2408/92 of 23 1992 on access for Community aircarriers to intra-Community air routes (), and whereas these objectives requirestrong support for who intend to start operations on intra-Communityroutes; Whereas the existing system makes provision forgrand-father rights ; Whereas there should also be provisions to allow newentrants into the Community märket; Whereas it is necessary to make special provisions, underlimited circumstances, for the maintenance of adequate domestic air services toregions of the concemed ; Whereas it is also necessary to avoid situations where,owing to a lack of available slots, the benefits of liberalization areunevenly spread and competition is distorted ; Whereas it is desirable to make the best use of theexisting slots in order to meet the objectives set out above; Whereas it is desirable that third countries offer Communitycarriers equivalent treatment; Whereas the application of the provisions of this Regulationshall be without prejudice to the competition rules on the Treaty, inparticular Artides 85 and 8é ; Whereas arrangements for greater cooperation över the useof airport were agreed in on by the Kingdom ofSpain and the in a joint dedaration by the Ministers of ForeignAffairs of the two countries, and such arrangements have yet to come intooperation ; C) OJ No L 240. 1992, p 8. No L 14/2 Prop.1992/93:202 Bilaga 3 Whereas this Regulation should be reviewed after a fixedperiod of operation to assess its functioning, HAS ADOPTED THIS REGULATION : Artide 1 Scope 1.This Regulationshall apply to the allocation of slots at Community airports. 2.The applicationof this Regulation to the airport of is understood to be withoutprejudice to the respective legal positions of the Kingdom of and theUnited Kingdom with regard to the dispute över sovereignty över the territoryin which the airport is situated. 3.Application ofthe provisions of this Regulation to airport shall be suspended untilthe arrangements in the joint declarations made by the Foreign Ministers ofthe Kingdom of and the on have come intooperation. The Govemments of and the will so inform theCouncil of that date. For the purpose of this Regulation : (a) *slot' shall mean the scheduledtime of arrival or departure available or allocated to an aircraft movement ona specific date at an airport coordinated under the terms of this Regulation ; (b) 'new entrant' shall mean : (i) an air requesting slots at an airport on anyday and hoiding or having been allocated fewer than four slots at that airporton that day, or, (ii) an air requesting slots for a non-stopservice between two Community airport where at most two other air carriersoperate a direct service between these airports or airports systems on that dayand hoiding or having been allocated fewer than four slots at that airport onthat day for that non-stop service. An air hoiding more than 3 Vo of the total slotsavailable on the day in question at a particular airport, or more than ofthe total slots avilable on the day in question in an airport system of whichthat airport forms part, shall not be considered as a new entrant at thatairport ; (c) 'direct air service' shall mean a service betweentwo airp>orts including stopovers with the same aircraft and same flight number; (d) 'scheduling period' shall mean either the summeror season as used in the schedules of air ; (e) 'Community air ' shall mean an air carrierwith a valid operating licence issued by a in accordance with Council Regulation (EEC) No 2407/92 of 23 1992 on licensing of air ('); (f) 'coordinated airport' shall mean an airport wherea coordinator has been appointed to facilitate the opera tions of air operating or intending to operate at that airport ; (g) 'fully coordinated airport* shall mean a coordinated airport where, in order to land or take off, during the periods for which it is fully coordinated, it is necessary for an air to have a slot allocated by a coordi nator ; (h) 'airport system' shall mean two or more airports groupedtogether and serving the same city or conurbation, as indicated in to Regulation (EEC) No 2408/92. Artide 3 Conditions for airport coordination 1.A shallbe under no obligation to desginate any airport as coordinated save in accordancewith the provisions of this Artide. 2.A may,however, provide for any airport to be designated as a coordinated airport providedthat principles of transparency, neutrality and non-discrimination are meL (i) When air representing more thana half of the operations at an airport and/or the airport authority considerthat capacity is insufficient for actual or planned operations at certainperiods or (ii) when new entrants encounter serious problems in securingslots or (iii) when a considers it necessary, the ensure that a thorough capacityanalysis is carried out, having regard to commonly recognized methods, as soonas possible at the airport with the purpose of determining possibilitcs of increasingthe capacity in the short term through infrastructure or operational changes,and to determine the time frame envisaged to resolve the problems. The analysis,shall be updated periodically. Both the analysis and the method underlying it shallbe made available to interested parties. C) OJ No L 240, 24 8. 1992. p. 1992/93:202 Bilaga3 No L 14/3 If, afterconsultation with the air using the airport regularly, their representative organizations, the airpon authorities, air traffic control authorities and passengcrs' organizations where such organizations exist, the analysis does not indicate possibilities of resolving the serious problems in the short term, the ensure that the airport shall be designated as fully coordinated for the periods during which capacity problems occur. When a capacity sufficient to meet actual or planned operations is provided at a fully coordinated airport, its desgination as a fully coordinated airport shall be lifted. 1.The MemberState responsible for a coordinated or fully coordinated airport shall ensure theappointment of a natural or legal person with detailed knowledge of air carrierscheduling coordination as airport coordinator after having consulted the air carriersusing the airport regularly, their representative organizations and the airportauthorities. The same coordinator may be appointed for more than one airport. 2.A shallensure that the coordinator out his duties under this Regulation in an independentmanner. 3.The coordinatorshall act in accordance with this Regulation in a neutral, non-discriminatoryand transparent way. 4.The coordinatorshall participate in such intemational scheduling conferences of air carriersas are permitted by Community law. 5.The coordinatorshall be responsible for the allocation of slots. 6.The coordinatorshall monitor the use of slots. 7.Where slots areallocated, the coordinator shall, on request and within a reasonable time, makeavailable for review to all interested parties the following information : (a)historical slotsby airline, chronologically, for all air at the airport, (b) requested slots (initial submissions),by air and chronologically, for all air , (c)all allocated slots,and outstanding slot requests, listed individually in chronologcial order, by aircarriers, for all air . (d) remainingavailable slots,