1991R3922 — EN — 04.12.1996 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 3922/91
of 16 December 1991
on the harmonization of technical requirements and administrative procedures in the field of civil
aviation
(OJ L 373, 31.12.1991, p. 4)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2176/96 of 13 November 1996 L 291 15 14.11.1996
▼B
COUNCIL REGULATION (EEC)No 3922/91
of 16 December 1991
on the harmonization of technical requirements and administrative
procedures in the field of civil aviation
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 84 (2) thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas, as provided for in Article 8a of the Treaty, measures should be
adopted with the aim of progressively establishing the internal market
over a period expiring on 31 December 1992; whereas the internal
market will comprise an area without internal frontiers in which the freemovement of goods, persons, services and capital is ensured;
Whereas a high general level of safety in civil aviation in Europe should
be maintained and current technical requirements and administrative
procedures in the Member States should be raised to the highest standardcurrently attained in the Community;
Whereas safety is a key factor in Community air transport; whereas
account should be taken of the Convention on International Civil
Aviation, signed in Chicago on 7 December 1944, which provides for
implementation of the measures necessary to ensure the safe operationof aircraft;
Whereas the current restrictions on the transfer of aircraft and aviation
products and of certain services in the field of aviation between Member
States would cause distortions in the internal market;
Whereas the Joint Aviation Authorities (JAA), an associated body of the
European Civil Aviation Conference (ECAC), have worked outarrangements to cooperate in the development and implementation of
joint aviation requirements (JARs) in all fields relating to the safety of
aircraft and their operation;
Whereas, under the common transport policy, technical requirements
and administrative procedures relating to the safety of aircraft and their
operation should be harmonized on the basis of the JAR codes of the
JAA;
Whereas the accession of all Member States to the JAA and the
participation of the Commission in its proceedings would facilitate such
harmonization;
Whereas, in order to achieve the Community objectives as regards
freedom of movement of persons and products and also as regards thecommon transport policy, Member States should accept the certificationof products and of bodies and persons concerned with the design,
manufacture, maintenance and operation of products, without further
technical work or evaluation, when the product, organization or personhas been certificated in accordance with the common technicalrequirements and administrative procedures;
Whereas safety problems may arise and, in such case, Member States
must take all appropriate measures as a matter of urgency; whereas suchmeasures must be duly justified and, where the common technicalrequirements and administrative procedures present shortcomings, it isfor the Commission, exercising its implementing powers, to adopt thenecessary amendments;1991R3922 — EN — 04.12.1996 — 001.001 — 2
(1) OJ No C 270, 26. 10. 1990, p. 3.
(2) OJ No C 267, 14. 10. 1991, p. 154.
(3) OJ No C 159, 17. 6. 1991, p. 28.
▼B
Whereas it is desirable that funding by the Member States of research to
improve aviation safety be coordinated to ensure optimum use ofresources and to enable the maximum benefit to be achieved;
Whereas it is appropriate to empower the Commission, assisted by a
committee of experts nominated by the Member States, to make the
amendments developed by the JAA to the common technical require-
ments and administrative procedures adopted by the Council,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation shall apply to the harmonization of technical
requirements and administrative procedures in the field of civil aviationsafety as listed in Annex II, and in particular with respect to:
— the design, manufacture, operation and maintenance of aircraft,
— persons and organizations involved in these tasks.
2. The harmonized technical requirements and administrative proce-
dures referred to in paragraph 1 shall apply to all aircraft operated byoperators as defined in Article 2 (a), whether registered in a Member
State or in a third country.
Article 2
1. For the purpose of this Regulation:
(a) ‘operator’ means a natural person residing in a Member State or a
legal person established in a Member State using one or more
aircraft in accordance with the regulations applicable in thatMember State, or a Community air carrier as defined in Communitylegislation;
(b) ‘product’ means a civil aircraft, engine, propeller or appliance;
(c) ‘appliance’ means any instrument, equipment, mechanism, appa-
ratus or accessory used or intended to be used in operating an
aircraft in flight, whether installed in, intended to be installed in, or
attached to, a civil aircraft, but not forming part of an airframe,engine or propeller;
(d) ‘component’ means a material, part or sub-assembly not covered by
the definitions in (b) or (c) for use on civil aircraft, engines,propellers or appliances;
(e) ‘certification’ (of a product, service, organization or person) means
any form of legal recognition that such a product, service, body orperson complies with the applicable requirements. Such certificationcomprises two acts:
(i) the act of checking that technically the product, service,
organization or person complies with the applicable require-ments; this act is referred to as ‘making the technical findings’;
(ii) the act of formal recognition of such compliance with the
applicable requirements by the issue of a certificate, licence,approval or other document in the manner required by nationallaws and procedures; this act is referred to as ‘making the legal
findings’;
(f) ‘maintenance’ means all inspections, servicing, modification and
repair throughout the life of an aircraft needed to ensure that theaircraft remains in compliance with the type certification and offersa high level of safety in all circumstances; this shall include inparticular modifications imposed by the authorities party to the
arrangements referred to in (h) in accordance with airworthiness
checking concepts;
(g) ‘national variant’ means a national requirement or regulation
imposed by a country in addition to or instead of a JAR;
(h) ‘arrangements’ means arrangements developed under the auspices of
the European Civil Aviation Conference (ECAC) for cooperation inthe development and implementation of joint requirements in all1991R3922 — EN — 04.12.1996 — 001.001 — 3
▼B
fields relating to the safety and safe operation of aircraft. These
arrangements are specified in Annex I.
Article 3
Without prejudice to Article 11, the common technical requirements and
administrative procedures applicable in the Community with regard tothe fields listed in Annex II shall be the relevant codes referred to in that
Annex and in force on 1 January 1992.
Article 4
1. With regard to fields not listed in Annex II, the Council shall adopt
common technical requirements and administrative procedures on the
basis of Article 84 (2) of the Treaty. The Commission shall, whereappropriate and as soon as possible, submit suitable proposals in thesefields.
2. Pending adoption of the proposals referred to in paragraph 1
member States may apply the relevant provisions of their existing
national regulations.
Article 5
Member States shall ensure that their responsible civil aviation
authorities meet the conditions for membership of the JAA specifiedin the arrangements and shall sign such arrangements withoutreservation before 1 January 1992.
Article 6
1. Member States shall, without further technical requirements or
evaluation, recognize products designed, manufactured, operated andmaintained in compliance with the common technical requirements andadministrative procedures where such products have been certificated by
another Member State. When the original recognition is for a particular
purpose, or purposes, any subsequent recognition shall cover the samepurpose(s).
2. Existing products and their derivatives which are not certificated in
accordance with the common technical requirements and administrative
procedure may be accepted by a Member State under their currentnational regulations pending the adoption of the common technicalrequirements and administrative procedures applicable to these productspursuant to this Regulation.
Article 7
Member States shall recognize the certification granted pursuant to this
Regulation by another Member State or by a body acting on its behalf, tobodies or persons placed under its jurisdiction and under its authority,
who are concerned with the design, manufacture and maintenance of
products, and the operation of aircraft.
Article 8
1. None of the above provisions shall prevent a Member State from
reacting immediately to a safety problem which becomes apparent from
an accident, incident or service experience and involves either a productdesigned, manufactured, operated or maintained in accordance with thisRegulation, or a person, procedure or body involved in such tasks. If thesafety problem results from:
— an inadequate safety level corresponding to the application of the
common technical requirements and administrative procedures, or
— shortcomings in the common technical requirements and adminis-
trative procedures,
the Member State shall forthwith inform the Commission and the other
Member States of the measures taken and the reasons therefor.1991R3922 — EN — 04.12.1996 — 001.001 — 4
▼B
2. In the cases referred to in paragraph 1, the Commission shall
consult the Member States at the earliest opportunity. If an inadequatelevel of safety or a shortcoming in the common technical requirements
and administrative procedures is confirmed, the Commission shall make
appropriate proposals in accordance with the procedures provided for inArticle 4 and/or Article 11.
Article 9
Member States shall take the necessary steps to coordinate their research
programmes to improve the safety of civil aircraft and their operationand to inform the Commission thereof. After consulting the MemberStates, the Commission may take any relevant initiative to promote suchnational research programmes.
Article 10
Member States shall notify the Commission of:
(a) any new or amended requirement or procedure developed or adopted
in accordance with procedures laid down in the Arrangements; and
(b) any modification of the Arrangements; and
(c) the results of consultations with industry and other interested bodies.
Article 11
1. The Commission, following the procedure laid down in Article 12,
shall make the amendments necessitated by scientific and technicalprogress to the common technical requirements and administrative
procedures listed in Annex II or adopted by the Council in accordance
with Article 4.
2. Where the amendments referred to in paragraph 1 contain a
national variant for a Member State the Commission, following the
procedure laid down in Article 12, shall decide whether or not to include
that variant in the common technical requirements and administrativeprocedures.
Article 12
1. For the application of Articles 8, 9 and 11, the Commission shall
be assisted by a committee composed of representatives of the MemberStates and chaired by the Commission representative.
2. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shall
deliver its opinion on the draft within a time limit which the chairman
may lay down according to the urgency of the matter. The opinion shallbe delivered by the majority laid down in Article 148 (2) of the Treaty inthe case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representative of the
Member States within the committee shall be weighted in the manner set
out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the committee.
(b) If the measures envisaged are not in accordance with the opinion
of the committee, or if no opinion is delivered, the Commission
shall, without delay, submit to the Council a proposal relating to
the measures to be taken. The Council shall act by a qualifiedmajority.
(c) If, on the expiry of aperiod of three months from the da te of
referral to the Council, the Council has not acted, the proposedmeasures shall be adopted by the Commission, save where theCouncil has decided against the said measures by a simplemajority.1991R3922 — EN — 04.12.1996 — 001.001 — 5
▼B
Article 13
1. Member States shall assist one another in implementing this
Regulation and in monitoring its implementation.
2. As part of the mutual assistance referred to in paragraph 1 the
Member States' competent authorities shall regularly exchange all
available information on:
— infringements of this Regulation by non-residents and penalties
imposed in respect thereof,
— penalties imposed on its residents by a Member State in respect of
such infringements committed in other Member States.
Article 14
This Regulation shall enter into force on 1 January 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1991R3922 — EN — 04.12.1996 — 001.001 — 6
▼B
ANNEX I
Arrangements referred to in Article 2 (1)(h)
‘Arrangements concerning the Development, the Acceptance and the Implemen-
tation of Joint Aviation Requirements (JAR)’, concluded in Cyprus on 11
September 1990.1991R3922 — EN — 04.12.1996 — 001.001 — 7
▼M1
ANNEX II
Lists of codes in force containing the common technical requirements and
administrative procedures referred to in Article 3
1.General and procedures
JAR 1 Definitions and abbreviations up to and including Amendment 1/
92/1
2.Type certification of products and parts
JAR 22 Sailplanes and powered sailplanes up to and including Amend-
ment 22/92/1
JAR 25 Large aeroplanes up to and including change 14JAR AWO All weather operations up to and including Amendment AWO/
91/1
JAR E Engines up to and including Amendment E/93/1JAR P Propellers up to and including change 7
JAR APU Auxiliary power units up to and including Amendment APU/92/
1
JAR TSO Technical standards orders up to and including change 2
JAR VLA Very light aeroplanes up to and including Amendment VLA/92/1
JAR 145 Approved maintenance organisations1991R3922 — EN — 04.12.1996 — 001.001 — 8