1991R3922—EN—28.09.2002—004.001—1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EEC)No3922/91
of16December 1991
ontheharmonizationoftechnicalrequirementsandadministrativeproceduresinthefieldofcivil
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
►M2Commission Regulation (EC) No 1069/1999 of 25 May 1999 L 130 16 26.5.1999
►M3Commission Regulation (EC) No 2871/2000 of 28 December 2000 L 333 47 29.12.2000
►M4Regulation (EC) No 1592/2002 of the European Parliament and of the
Council of 15 July 2002L 240 1 7.9.2002
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COUNCILREGULATION(EEC)No3922/91
of16December 1991
ontheharmonizationoftechnicalrequirementsandadministrative
proceduresinthefieldofcivil aviation
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, 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 theinternal market will comprise an area without internal frontiers inwhich the free movement of goods, persons, services and capital isensured;
Whereas a high general level of safety in civil aviation in Europe
should be maintained and current technical requirements and adminis-trative procedures in the Member States should be raised to the higheststandard currently 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 Avia-tion, signed in Chicago on 7 December 1944, which provides forimplementation 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 betweenMember 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 out
arrangements to cooperate in the development and implementation ofjoint aviation requirements (JARs) in all fields relating to the safety ofaircraft and their operation;
Whereas, under the common transport policy, technical requirements
and administrative procedures relating to the safety of aircraft and theiroperation should be harmonized on the basis of the JAR codes of theJAA;
Whereas the accession of all Member States to the JAA and the parti-
cipation of the Commission in its proceedings would facilitate suchharmonization;
Whereas, in order to achieve the Community objectives as regards
freedom of movement of persons and products and also as regards the
common transport policy, Member States should accept the certifica-
tion of products and of bodies and persons concerned withth e design,manufacture, maintenance and operation of products, without furthertechnical work or evaluation, when the product, organization or personhas been certificated in accordance with the common technical require-
ments and administrative procedures;
Whereas safety problems may arise and, in such case, Member States
must take all appropriate measures as a matter of urgency; whereassuch measures must be duly justified and, where the common technicalrequirements and administrative procedures present shortcomings, it is1991R3922—EN—28.09.2002—004.001—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.
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for the Commission, exercising its implementing powers, to adopt the
necessary amendments;
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 theamendments 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 aviation
safety as listed in Annex II, and in particular withrespect 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 paragraph1 sh all apply to all aircraft operated by
operators as defined in Article 2 (a), whether registered in a MemberState 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 moreaircraft in accordance with the regulations applicable in thatMember State, or a Community air carrier as defined in Commu-nity legislation;
(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 anaircraft 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, propel-
lers 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 withth e applicable requirements. Suchcertifica-tion comprises two acts:
(i) the act of checking that technically the product, service, orga-
nization or person complies withth e applicable requirements;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 legalfindings’;
(f) ‘maintenance’ means all inspections, servicing, modification and
repair throughout the life of an aircraft needed to ensure that the
aircraft remains in compliance withth e type certification and offers
a high level of safety in all circumstances; this shall include inparticular modifications imposed by the authorities party to thearrangements referred to in (h) in accordance with airworthinesschecking concepts;
(g) ‘national variant’ means a national requirement or regulation
imposed by a country in addition to or instead of a JAR;1991R3922—EN—28.09.2002—004.001—3
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(h) ‘arrangements’ means arrangements developed under the auspices
of the European Civil Aviation Conference (ECAC) for cooperation
in the development and implementation of joint requirements in all
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
to the fields listed in Annex II shall be the relevant codes referred to inthat 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,where appropriate and as soon as possible, submit suitable proposalsin these fields.
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 authori-ties meet the conditions for membership of the JAA specified in the
arrangements and shall sign such arrangements without reservation
before 1 January 1992.
Article 6
1. Member States shall, without further technical requirements or
evaluation, recognize products designed, manufactured, operated and
maintained in compliance with the common technical requirementsand administrative procedures where such products have been certifi-cated by another Member State. When the original recognition is for aparticular purpose, or purposes, any subsequent recognition shall coverthe same purpose(s).
2. Existing products and their derivatives which are not certificated
in accordance with the common technical requirements and administra-tive 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
products pursuant 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,to bodies or persons placed under its jurisdiction and under its
authority, who are concerned with the design, manufacture and mainte-
nance 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 aproduct designed, manufactured, operated or maintained in accordancewithth is Regulation, or a person, procedure or body involved in suchtasks. If the safety 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,1991R3922—EN—28.09.2002—004.001—4
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the Member State shall forthwith inform the Commission and the other
Member States of the measures taken and the reasons therefor.
2. In the cases referred to in paragraph 1, the Commission shall
consult the Member States at the earliest opportunity. If an inadequate
level of safety or a shortcoming in the common technical requirementsand administrative procedures is confirmed, the Commission shallmake appropriate proposals in accordance withth e procedures providedfor in Article 4 and/or Article 11.
Article 9
Member States shall take the necessary steps to coordinate theirresearch programmes to improve the safety of civil aircraft and their
operation and to inform the Commission thereof. After consulting the
Member States, the Commission may take any relevant initiative topromote suchnational researchprogrammes.
Article 10
Member States shall notify the Commission of:
(a) any new or amended requirement or procedure developed or
adopted in accordance withprocedures laid down in th e Arrange-ments; 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 Article12, 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
withArticle 4.
2. Where the amendments referred to in paragraph 1 contain a
national variant for a Member State the Commission, following theprocedure laid down in Article 12, shall decide whether or not toinclude that variant in the common technical requirements and admin-
istrative procedures.
Article 12
1. For the application of Articles 8, 9 and 11, the Commission shallbe assisted by a committee composed of representatives of the Member
States 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 shalldeliver its opinion on the draft within a time limit which the chairmanmay lay down according to the urgency of the matter. The opinion
shall be delivered by the majority laid down in Article 148 (2) of the
Treaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representative ofthe Member States within the committee shall be weighted in themanner 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 qualified
majority.
(c) If, on the expiry of a period of three months from the date of
referral to the Council, the Council has not acted, the proposedmeasures shall be adopted by the Commission, save where the1991R3922—EN—28.09.2002—004.001—5
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Council has decided against the said measures by a simple
majority.
Article 13
1. Member States shall assist one another in implementing thisRegulation 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
suchinfringements committed in oth er 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—28.09.2002—004.001—6
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ANNEX I
Arrangementsreferred toinArticle 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—28.09.2002—004.001—7
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