# CE2004084EN.01090201.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/902 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/902

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(2004/C 84 E/0997)

WRITTEN QUESTION E-0890/04

by Margrietus van den Berg (PSE) to the Commission

(22 March 2004)

Subject:   Authorisation for flying instructors to give instruction

Subject:

In my constituency of Northern Netherlands, I was recently approached about the fact that, with a view to achieving unification, agreements have apparently been concluded which make it impossible for self-employed flying instructors to continue to train learner-pilots for their pilot's licence examinations. Such instruction must now be given by a training establishment. As a result, a large number of instructors have lost their jobs, although the state had initially invested a lot of money in them. Unification concerns the implementation of aviation legislation and regulations, the Joint Aviation Requirements and the granting of aircrew authorisations.

| 1. | Can the Commission state whether it is true that this situation has come about as a result of European unification? |
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1.

Can the Commission state whether it is true that this situation has come about as a result of European unification?

| 2. | Can it explain the need for it or where the added value arises? |
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2.

Can it explain the need for it or where the added value arises?

| 3. | Does not the principle of subsidiarity apply in this instance? Or is the decision involved merely a matter for the Netherlands? |
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3.

Does not the principle of subsidiarity apply in this instance? Or is the decision involved merely a matter for the Netherlands?

| 4. | Should not something be done about it, given that we are witnessing the effects of a centralised bureaucracy and a waste of capital resources? |
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4.

Should not something be done about it, given that we are witnessing the effects of a centralised bureaucracy and a waste of capital resources?

Answer given by Mrs de Palacio on behalf of the Commission

(30 April 2004)

(30 April 2004)

The Joint Aviation Requirements (JARs) referred to by the Honourable Member are harmonisation measures put in place by the Joint Aviation Authorities (JAA), the body representing the civil aviation regulatory authorities of 38 European States. The measures concerning licences, JAR-FCL, deal with an area not yet covered by Community legislation. The Commission would point out that the measures provided for under the JARs are not directly applicable, but must be transposed into national legislation by the States concerned. If the measure referred to by the Honourable Member has been adopted, it is a measure under Dutch law transposing a JAR and not a provision of Community law.

In order to allow the European Aviation Safety Agency (EASA) to develop technical rules on licences, the Commission will soon be proposing Community legislation extending the EASAs competence in this field. Once this legislation has been adopted, the EASA will be responsible for laying down technical rules which will serve as a basis for Community legislation on flight crew licences. Once adopted and implemented, the Community licensing legislation will replace the JAR-FCL and any national implementing provisions.

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