**Important legal notice**

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# 52006PC0645

**Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation  /* COM/2006/0645 final - COD 2006/0209 */****

[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 24.10.2006

COM(2006) 645 final

2006/0209 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation

(presented by the Commission)

EXPLANATORY MEMORANDUM

-  Purpose

The purpose of this Commission proposal is to amend Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation[1] to align it with Council Decision No 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [2], as last amended by Council Decision No 2006/512/EC of 17 July 2006[3].

-  Background

Decision No 2006/512/EC introduced a new type of procedure for the exercise of implementing powers, the regulatory procedure with scrutiny. The regulatory procedure with scrutiny must now be followed for measures of general scope which seek to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

In particular, this new regulatory procedure must be followed when the annexes to a basic instrument are deleted, amended or replaced or are adapted to scientific and technical progress. However, the standard regulatory procedure will still apply to cases where the Commission grants a Member State a derogation regarding the application of a basic instrument or its annexes.

Since this Decision applies immediately from its entry into force on 23 July 2006, all legal instruments containing a regulatory procedure must be amended.

-  Content

Article 8(1), (3) and (4) and Article 11 of Regulation (EC) No 3922/91 authorise the Commission to delete, amend or adapt the common rules in Annex III using the regulatory procedure.

Therefore that Regulation should be amended to provide for the adoption of these implementing measures using the new regulatory procedure with scrutiny.

Decision 2006/512/EC also provides that in cases where, on imperative grounds of urgency, the time-limits normally applicable under the regulatory procedure with scrutiny cannot be complied with, the Commission may apply the urgency procedure provided for in Article 5a(6) of the above Decision. This urgency procedure, which also authorises the immediate implementation of measures in line with the opinion of the competent committee, is particularly necessary for the adoption of certain measures when it is a matter of maintaining a sufficient level of aviation safety. Therefore this procedure is proposed as an alternative to Article 8(1), last subparagraph, and Article 11(1).

Given the urgent need for alignment with the new rules on comitology regarding instruments at the final stage of the legislative procedure, this Regulation must be adopted by the Parliament and the Council before the end of 2006.

-  Legal basis

Article 80(2) of the EC Treaty

-  Subsidiarity principle

This proposal falls under the exclusive competence of the Community. Therefore, the subsidiarity principle does not apply.

-  Proportionality principle

This proposal respects the proportionality principle since it merely contains amendments that are strictly necessary to align Regulation (EC) No 3922/91 with Decision 2006/512/EC.

-  Choice of the instrument

The instrument proposed is a regulation. This is the only appropriate instrument given that the proposal concerns amendments to an existing regulation.

-  Budgetary implications

This proposal has no implications for the Community budget.

2006/0209 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission[4],

Having regard to the opinion of the European Economic and Social Committee[5],

Having regard to the opinion of the Committee of the Regions[6],

Acting in accordance with the procedure laid down in Article 251 of the Treaty[7],

Whereas:

(1) Annex III to Regulation (EEC) No 3922/91[8] provides for common safety rules applicable to the operation and maintenance of aircraft and to the persons and bodies involved in these tasks. Those harmonised safety standards apply to all aircraft used by Community operators whether registered in a Member State or in a third country.

(2) Articles 8 and 11 of that Regulation authorise the Commission to amend or supplement the common rules in Annex III, or to exempt a Member State from applying them, in accordance with Council Decision No 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred to the Commission[9].

(3) Decision No 1999/468/EC was amended by Decision No 2006/512/EC, which introduced a regulatory procedure with scrutiny for measures of general scope which seek to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

(4) Therefore the regulatory procedure with scrutiny should be followed for measures of general scope which seek to amend non-essential elements of Regulation (EEC) No 3922/91.

(5) Where, on imperative grounds of urgency regarding the maintenance of a sufficient level of aviation safety, the time-limits normally applicable under this procedure cannot be complied with, the Commission must be able to apply the urgency procedure provided for in Article 5a(6) of Decision No 1999/468/EC to adopt certain measures.

(6) Regulation (EEC) No 3922/1991 should be amended accordingly.

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3922/91 is hereby amended as follows:

1) Article 8 is amended as follows:

a) The fourth subparagraph of paragraph 3 is replaced by the following:

"In such a case, the Commission shall notify its decision to all Member States, which shall be entitled to apply that measure. The relevant provisions of Annex III may also be amended in accordance with Article 11, so as to reflect that measure."

b) The fourth subparagraph of paragraph 4 is replaced by the following:

"In such a case, the Commission shall notify its decision to all Member States, which shall be entitled to apply that measure. The relevant provisions of Annex III may also be amended in accordance with Article 11, so as to reflect that measure."

2) Article 11 is amended as follows:

a) Paragraph 1 is replaced by the following:

"The Commission, following the regulatory procedure with scrutiny referred to in Article 12(3), shall make the amendments necessitated by scientific and technical progress to the common technical requirements and administrative procedures listed in Annex III. On imperative grounds of urgency, the Commission may follow the urgency procedure referred to in Article 12(4)."

b) In paragraph 2, the words "in Article 12" are replaced by "in Article 12(3)".

3) Article 12 is replaced by the following:

"Article 12

1. The Commission shall be assisted by the Air Safety Committee (hereinafter referred to as "the Committee").

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision No 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision No 1999/468/EC shall be set at three months.

3. Where reference is made to this paragraph, Article 5a (1) to (4) and Article 7 of Decision No 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4. Where reference is made to this paragraph, Article 5a (1), (2) and (6) and Article 7 of Decision No 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof."

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament For the Council

President President.

 [1] OJ L 373, 31.12.1991, p. 4. Regulation last amended by Regulation (EC) No xxx/2006 (OJ L xxx, xx.x.2006, p. x.)

[2] OJ L 184, 17.7.1999, p. 23.

[3] OJ L 200, 22.7.2006, p. 11.

[4] OJ C [xxx] of [xxx], p. [x].

[5] OJ C [xxx] of [xxx], p. [x].

[6] OJ C [xxx] of [xxx], p. [x].

[7] OJ C [xxx] of [xxx], p. [x].

[8] OJ L 373, 31.12.1991, p. 4, as last amended by Regulation (EC) No xxx/2006 (OJ L xxx, xx.x.2006, p. x).

[9] OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).