COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(90) 442 final 
Brussels, 27 September 1990 
Proposal for a 
COUNCIL PI RECTI YE 
on the harmonization of technical requirements and procedures 
applicable to civil aircraft 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
1. The liberalisation process for aviation seeks to apply the principles 
of the single market to air transport, the first set of measures have 
already been adopted and the second set are In the process of 
approval. , 
This liberalisation process requires a number of accompanying 
measures as recognised by the European Parliament which emphasised, 
In Its Resolution of September 1987, the need for Inltatives In 
avlat ion safety. 
This Directive addresses those aspects of aviation safety which 
relate to the airworthiness, operational approval and maintenance 
of aircraft, engines and other aircraft equipment, and has been 
developed In consultation with, and assisted by, the Joint Aviation 
Authorities (JAA) and Industry (Association Européenne des 
Constructeurs de Matériel Aérospatial, AECMA, and the Association of 
European Airlines, AEA). 
2. The free movement of aircraft within the Community Is currently 
restricted, mainly due to the differences In technical standards for 
aircraft certification, operation and maintenance. 
This results In a considerable amount of technical work and, in many 
cases, costly modification when an aircraft Is transfered between 
registers of the Member States. The differences In technical 
standards may also result in variations In safety levels for air 
transport between the Member States. 
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3. The Commission recognises that the liberalisation process for air 
transport, to prepare the Industry for the internal market, must be 
supplemented by Initiatives in aviation safety not only to maintain 
and Improve current safety levels but also to enable the maximum 
benefit to be achieved from the Single Act, consistant with the 
minimum cost to the Industry. 
4. The Commission has been considering this problem for some time and 
recognises the possibility that, unless specific actions are taken, 
the increased competition could result in a downward pressure on 
safety standards towards a lower level within the Community. The 
objective of this Directive is to provide the framework to maintain 
the high general level of safety in Europe and for the standards in 
all Member States to achieve the highest levels currently attained 
within the Community. 
5. Aviation safety Is currently the reponsibiIIty of the civil aviation 
authorities of the Member States. A large number of these 
authorities, including all the major european countries with large 
aviation interests both within and outside the Community, have 
established the Joint Aviation Authorities (JAA) organisation under 
the auspices of the European Civil Aviation Conference (ECAC) to 
develop a unified european approach to aviation safety and to 
minimise the differences between the ECAC member states. 
6. The high level of safety of air transport in Europe Is achieved 
through certification, the approval of operational and maintenance 
procedures, and the Individuals and/or organisations reponslbie for 
carrying out the procedures. 
The JAA have been working for several years to develop European 
technical codes and procedures. (Joint Aviation Requirements -
JARs). A number of these codes are currently complete, and have been 
Issued, dealing mainly with the certification of aircraft, engines 
and other aviation products. 
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However, a comprehensive set of codes, to cover the whole range, has 
yet to be developed to cover operation, maintenance and the approval 
of Individuals and organisations. Whilst work is continuing to 
develop these codes It will be some time before the process is 
finished. 
7. The adoption of a single set of codes however, is not, in Itself, 
sufficient to ensure a harmonisation of safety standards, due to 
differences In Interpretation of the requirements, and differences In 
the technical resources of the Individual national civil aviation 
authorities. 
This harmonisation Is best achieved, at this stage, through the 
creation of technical teams by the JAA, drawn from the authorities to 
carry out all the technical work on behalf of all the Member States. 
This will permit a more efficient use of the limited resources of the 
authorities of the Member States, and enable the smaller authorities 
to be sure that an adequate technical assessment has been carried 
out, whilst at the same time minimising the burden on the Industry. 
Such an approach should ultimately lead to the framework of a single 
European Aviation Authority thus ensuring total harmonisation of 
safety standards and consistency of their implementation. Whilst 
considering that such a result Is highly desirable and is to be 
welcomed, It is not at this stage, an objective of the Commission. 
However, it Is considered that appropriate studies on the structure 
of such an organisation should be initiated. 
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8. The current effectiveness of the JAA could be limited by the fact 
that it Is a purely volountary arrangement, lacking a legal 
framework, and that not all EC States are currently members. 
This Directive is aimed at strengthening the JAA by making this 
voluntary arrangement binding by Incorporating it Into community 
legislation. This will require the Member States to adopt common 
codes of technical requirements and to adhere to the administrative 
requirements and procedures of the JAA. 
The comprehensive set of codes of technical requirements above, is 
being developed and as the Individual codes are completed they will 
be added to the directive through the use of a committee. 
9. Many Member States, either through national research organisations or 
through their civil aviation authorities, carry out research work 
aimed at improving civil aviation safety. This work is rarely co­
ordinated and consequently Is not as effective as It could be. 
All research work should be co-ordinated through the JAA to ensure 
maximum benefit from the relatively limited funds available. 
10. The progressive development of a complete set of codes, and the 
continuous amendment of existing codes In the light of service 
experience and technical progress, will require a relatively 
frequent modification of Annex 2 of the Directive. To avoid an 
unacceptable burden being put on the Council by the submission of 
revised directives several times a year, It is proposed that the 
Commission Is empowered to adopt these amendments with the 
assistance of a committee, which will make recommendations to the 
Commission. This Committee must be capable of understanding the 
technical reasoning behind the proposals and consequently It Is 
anticipated that Member States will normally nominate Committee 
Members from their national aviation administration. 
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COMMENTS ON THE VARIOUS ARTICLES 
Article 1 
This Article sets the scope of the Directive. 
Article 2 
This Article lays down the necessary definitions, 
Article 3 
This Article lays down the common technical requirements and procedures to 
be adopted as sole national codes for the certification of the design, 
manufacture and maintenance of aviation products, operation of aircraft, 
and of the organisations, persons and services Involved In these tasks. 
These codes will be adopted into community legislation through the 
procedures specified in Article 10, and are indicated In Annex 2. It 
recognizes that, until specific JAR codes are completed. Member States may 
continue to use the equivalent national code until the JAR code Is adopted 
into community legislation. 
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Article 4 
This Article requires the Member States to ensure their civil aviation 
authorities adhere to the arrangements document. 
The arrangements require the authorities to commit themselves to co-operate 
In all aspects related to the safety of aircraft, in particular Its design, 
manufacture, continued airworthiness, maintenance and operation to ensure 
that a high consistent level of safety Is achieved throughout the Member 
States, to avoid duplication of work between the authorities and to 
facilitate exchange of products, services and persons not only between the 
parties but also between the parties and others. This is achieved by the 
Member States Joining the JAA to develop, adopt and implement Joint 
Aviation Requirements (JARs). 
This Article also requires the Member States to take the necessary measures 
to enable the Community to participate in the JAA organisations. 
Article 5 
This Article establishes the mutual acceptance of aviation products that 
have been designed, manufactured, operated and maintained in accordance 
with the requirements of this Directive. It Introduces a mechanism by which 
products that have not been certificated to the common requirements and 
procedures can achieve mutual recognition. This mechanism is a technical 
assessment, carried out by the JAA, to determine that the level of safety 
of the product is broadly equivalent to that required by the common 
requirements and procedures. 
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Article 6 
This Article establishes the mutual acceptance of the certification of 
organisations and persons, Involved In the design, manufacture and 
maintenance of products and operation of aircraft, In accordance with the 
common requirements and procedures of this Directive. 
Article 7 
This Article recognizes that Member States may need to react Immediately to 
a safety problem. In this situation the Member States involved shall inform 
the Commission immediately of the problem, the actions taken and the 
reasons for its decision, and identifying. If possible, whether the 
problem Is non-compliance with the requirements, an Inadequate requirement, 
or gap in the requirements. 
The Commission shall consult with the Member States and the JAA to 
determine whether the actions taken are Justified and if there Is a need to 
revise the common requirements and procedures. In this case the Commission 
will ask the JAA to propose a new code, or changes to an existing one. 
Article 8 
This Article calls for the co-ordination, through the JAA, of civil 
aviation safety research within the Member States to improve the efficient 
use of resources and enable maximum benefit of such work to be realised. 
The Commission shall be Informed of the measures taken to achieve co­
ordination and may take any necessary initiatives to Improve such co-
ordlnatIon. 
Article 9 
This Article provides the mechanism by which the Commission Is notified of 
changes: either to the common requirements and procedures specified in 
Annex 2, In the form of a new JAR code or as a change to an existing one; 
or modifications to the arrangements specified In Annex 1. 
Article 10 
The Commission will adopt the changes notified in accordance with Article 9 
into Community legislation through the use of a committee. 
Where a new code, or change to an existing code, incorporates a national 
variant the Commission shall decide, following advice from the committee 
whether this national variant should be made applicable for all Member 
States, or not included In the common requirements and procedures. 
Article 11 
This Article lays down to the composition and procedures for the committee. 
Article 12 
Procedural Article 
Article 13 
Procedural Article 
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Proposal for a 
COUNCIL Pi RECTIYE 
on the harmonization of technical requirements and procedures 
applicable to civil aircraft 
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, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social Committee, 
Whereas It Is important to adopt measures with the aim of progressively 
establishing the Internal market over a period expiring on 31 December 
1992 as provided for In Article 8(a) of the Treaty-, whereas the Internal 
market shall comprise an area without Internal frontiers in which the free 
movement of goods, persons, services and capital is ensured; 
Whereas the current restrictions on the transfer of aircraft and aviation 
products between Member States would cause distortions to the Internal 
market; whereas such restrictions are due to different safety provisions In 
the Member States-, 
Whereas safety is a basic provision of Community air transport; whereas 
according to the Convention on International Civil Aviation signed in 
Chicago on 7 December 1944, Member States have the responsibility to 
implement requirements for the safe operation of civil aircraft; 
Whereas several European civil aviation authorities have established the 
Joint Aviation Authorities organisation (hereinafter called the JAA), as an 
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associated body of the European Civil Aviation Conference, to develop 
arrangements to co-operate on the development and implementation of Joint 
Aviation Requirements (JARs) in all the fields related to safety of 
aircraft and their operation; 
Whereas It Is appropriate to harmonise safety levels by establishing common 
requirements and procedures on the basis of JAA codes; 
Whereas, to facilitate harmonisation, all Member States should become 
members of the JAA and the Commission should participate in the JAA 
organisations; 
Whereas Member States should accept the certification of products, and 
organisations or persons concerned with the design, manufacture, 
maintenance and operation of products, without further technical work or 
evaluation, when the product, organisation or person has been certificated 
In accordance with the common requirements and procedures-, 
Whereas emergency problems in aviation might arise: whereas in such cases 
the Member State must take all appropriate measures: whereas a reason must 
be given for the measures and, where the reason is a shortcoming In the 
common requirements and procedures, the Commission should request the JAA 
to propose such amendments; 
Whereas It is appropriate that funding by the Member states of research to 
Improve aviation safety be co-ordinated to ensure efficient use of 
resources and to enable the maximum benefit to be achieved; 
Whereas it Is appropriate to delegate the power to the Commission to 
introduce new common requirements and procedures, or amendments to existing 
ones, as developed by the JAA, assisted by a committee composed of experts 
nominated by the Member States, In accordance with procedure I of 
Council Decision 87/373/EEC<1>, 
HAS ADOPTED THIS DIRECTIVE: 
(1) OJ No L 197, 18.7.1987, p. 33. 
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Article 1 
This Directive shall apply to the harmonisation of technical, operational 
and administrative requirements and procedures In the field of safety of 
civil aviation with respect to: 
the design, manufacture, operation and maintenance of aircraft 
registered In the Member States of the Community. 
persons and organisations Involved in these tasks. 
the mutual acceptance within the Commmunlty of certification 
granted by any Member State of the Community on the basis of 
these requirements and procedures. 
Article 2 
For the purpose of this Directive : 
1. "certification" means the legal recognition that a product, service, 
organisation or person complies with the applicable requirements. 
Such certification comprises the activity of technically checking the 
product, service, organization or person; and the formal recognition 
of compliance with the applicable requirements by Issue of a 
certificate, licence, approval or other document as required by 
national laws and procedures. 
In particular, certification of a product Involves : 
(a) the process of assessing the design of a product to ensure that 
It complies with a set of standards applicable to that type of 
product so as to demonstrate an acceptable level of safety; 
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(b) the process of assessing an individual product to ensure 
that It conforms with the certificated type design; 
(c) the issue of any certificate required by national laws to 
declare that compliance or conformity has been found with 
applicable standards In accordance with paragraph (a) or (b) 
above. 
2. "arrangements" means arrangements developed under the auspices of the 
European Civil Aviation Conference, to co-operate In the development 
and Implementation of Joint requirements In all the fields related to 
safety of aircraft and the safe operation of aircraft. These 
arrangements are specified In Annex 1. 
3. "product" means any civil aircraft, or aircraft engine, propeller, 
appliance, material, part or component to be installed thereon, new 
or used. 
4. "maintenance" means the ongoing process of Inspections, servicing, 
modification and repair throughout the lifetime of an aircraft needed 
to ensure that the aircraft remains in compliance with the 
certificated type design and consistent with a high standard of 
safety; this shall include modifications made mandatory by the 
authorities party to the arrangements in accordance with continuing 
a Irwor t h Iness poI Icy. 
5. "national variant" means a national requirement or regulation Imposed 
by a given country additional to, or instead of, a JAR provision. The 
national variants are Indicated in the relevant JAR code. 
6. "JAR" means "Joint Aviation Requirements", that is requirements 
developed and maintained by the JAA Including procedural requirements 
In accordance with the arrangements. 
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Article 3 
1. Member States shall adopt as their sole national codes, and apply not 
later than 1 January 1993, the codes relating to the common 
requirements and procedures specified In Annex 2 and adopted by the 
Commission under Article 10. 
2. Where by 1 January 1993, and as long as, a specific code Is not 
adopted, Member States may use the relevant part of their existing 
national codes. 
Article 4 
1. Member States shall ensure that their civil aviation authorities 
meet the conditions for membership of the JAA specified in, and shall 
sign, the arrangements not later than 1 January 1992. 
2. Member States shall take the necessary steps to enable the Commission 
to participate In the JAA organisations mentioned in point 4 of the 
arrangements. 
Article 5 
1. Member States shall accept products designed, manufactured, operated 
and maintained In compliance with the common requirements and 
procedures, without further technical requirements or evaluation, 
when the products have been certificated or approved by another 
Member State. When the original acceptance is for a particular 
purpose, or purposes, the subsequent acceptances shall cover the same 
purpose(s). 
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2. Member States shall accept products that have not been certificated 
in compliance with the common requirements and procedures subject to 
a technical assessment, by the JAA, to determine that the product's 
level of safety is broadly equivalent to that required by the common 
requirements and procedures. 
Article 6 
Member States shall accept the certification, granted by another Member 
State In accordance with the common requirements and procedures, of 
organisations or persons concerned with the design, manufacture, and 
maintenance of products, and operation of aircraft, without further 
technical requirements or evaluation. 
Article 7 
1. Where a Member State ascertains that a product designed, 
manufactured, operated and maintained in accordance with this 
Directive Is likely to Jeopardize aviation safety, it shall take all 
the appropriate measures. The Member State shall Inform the 
Commission Immediately of these measures and Indicate the reasons for 
its decision, stating in particular whether the safety problem 
results from : 
non-compliance of the product with the common requirements and 
procedures, 
an inadequate safety level of the common requirements and 
procedures, 
a lacuna In the common requirements and procedures with regard 
to the definition of the product or procedure. 
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2. The Commission shall enter into consultation with the Member States 
and the JAA as soon as possible. Where, after such consultation the 
Commission finds that the measure refered to In paragraph 1 Is 
Justified, it shall forthwith so inform the Member States. Where the 
measure Is attributed to shortcomings in the common requirements and 
procedures, the Commission shall ask the JAA to develop a new code or 
amendments to an existing code. 
Article 8 
The Member States shall take the necessary steps to co-ordinate, through 
the JAA, their programmes of research for Improvement In safety of civil 
aircraft and their operation and to inform the Commission thereof. The 
Commission may take, In consultation with the Member States, any useful 
initiative to promote such coordination of policies and programmes of 
research carried out at national level. 
Article 9 
Member States shall ensure that the Commission Is notified of : new or 
amended requirements and procedures when they are completed and agreed In 
accordance with the arrangement's procedures; and modification to the 
arrangements. They shall also inform the Commission of the extent and 
results of the consultation by the JAA with Industry and other interested 
bodies. 
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Article 1Q 
1. The Commission Is hereby empowered In accordance with the procedure 
set out In Article 11 : 
to make the necessary changes to the Annexes; 
to adopt the codes relating to the common requirements and 
procedures specified in Annex 2, and amendments to those codes. 
2. If a new code, or amendment to an existing code, developed by the JAA 
contains a national variant for a Member State, the Commission shall 
decide, In accordance with the procedure set out In Article 11, to 
make the variant applicable for all Member States, or not to Include 
It In the common requirements and procedures. 
Article 11 
1. The Commission shall be assisted by a committee of an advisory nature 
composed of the representatives of the Member States and chaired by 
the representative of the Commission. 
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, If necessary by taking a 
vote. 
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3. The opinion shall be recorded In the minutes; in addition, each 
Member State shall have the right to ask to have its position 
recorded In the minutes. 
4. The Commission shall take the utmost account of the opinion delivered 
by the Committee. It shall inform the committee of the manner In 
which its opinion has been taken Into account. 
Article 12 
1. Member States shall, after consultation with the Commission, 
take the necessary steps to bring into force the laws, regulations 
and administrative provisions necessary to comply with this Directive 
not later than 31 December 1991. They shall Immediately Inform the 
Commission thereof. 
These provisions shall make express reference to this Directive. 
2. Member States shall comunicate to the Commission all subsequent laws 
and administrative provisions adopted In the field governed by this 
Directive. 
Article 13 
This Directive Is addressed to the Member States. 
Done at Brussels, For the Council 
The President 
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ANNEX 1 
ARRANGEMENTS REFERRED TO IN ARTICLE 2 PARAGRAPH 2 
"Arrangements Concerning the Development, the Acceptance and the 
Implementation of Joint Aviation Requirements" signed on 6 December 
1989 in Paris. 
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ANNEX 2 
Common Requirements and Procedures referred 
to in Article 3 
Subject Adopted by decision of 
the Commission on : 
1. General and procedures 
JAR 1 Definitions 
JAR 11 General rule-making procedures 
2. Type Certification of Products and Parts 
a) List of Codes 
JAR 22 Sailplanes and Powered Sailplanes 
JAR 25 Large Aeroplanes 
JAR AWO All Weather Operations 
JARE Engines 
JAR P Propellers 
JAR APU Auxiliary Power Units 
JAR TSO Technical Standards Orders 
Author isat ions 
JAR VLA Very Light Aeroplanes 
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ANNEX 2 
Page 2 
JAR 23 Small Aeroplanes 
JAR 23 Commuter Aeroplanes 
JAR 27 Normal Category Rotorcraft 
JAR 29 Transport Category Rotorcraft 
JAR 36 Noise Standards : aircraft type 
and individual certification 
JAR 39 Airworthiness Directives and 
Retroactive requirements 
b) Applicability 
JAR 21 Certification procedures for 
products and parts 
The JAR 21 code defines the code applicable to new products, new 
derivatives, existing products certificated to JAA standards and 
procedures, changes to a product etc. 
The JAR 21 code states that the applicable Issue of the code is 
defined taking into account the date of application for 
certification. In accordance with the bilateral agreements of the 
Member States, the date of application for Imported products is the 
date of application to the primary authority. 
The JAR 21 code also makes provisions for equivalent safety 
demonstrations or for additional requirements called Special 
Conditions which may be required, though not included In the 
airworthiness codes, for the certification of a specific product. 
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ANNEX 2 
Page 3 
3. Maintenance 
(a) General 
The maintenance of aircraft Is a responsibility of the 
operator. Therefore the relevant requirements are specified In 
the appropriate JAR-OPS maintenance chapter (see paragraph 4 
below). This chapter also covers the acceptance of the 
operators' maintenance arrangements. Such acceptance may be 
based on certificated maintenance organisations and 
certificated maintenance personnel. 
(b) List of codes 
JAR-OPS Maintenance chapter : see paragraph 4 below 
JAR 145 Certification of maintenance organisations 
JAR 65 Sub-Part E Certification of maintenance personnel 
(c) Applicability 
The maintenance requirements apply to operators, organisations 
and persons and therefore cover all aircraft, parts and 
components regardless of whether these aircraft, parts or 
components have been certificated to a common code. 
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ANNEX 2 
Page 4 
4. Operations 
JAR-OPS Part 1 Commercial Air Transportation 
(Aeroplanes) 
JAR-OPS Part 2 General Aviation (all aircraft 
except helicopters) 
- Aerial Work 
- Corporate Operations 
- Private 
JAR-OPS Part 3 Helicopters 
- Commercial Air Transportation 
- Aerial Work 
- Corporate Operations 
- Private 
5. Certification of Persons 
JAR 61 Certification of Pilots and flight Instructors 
JAR 63 Certification of Flight crew members other than pilots 
JAR 65 Certification of Aircrew other than flight 
crew members. 
JAR 67 Medical standards and certification. 
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6. Certification of Organisations 
JAR 141 Pilot schools 
JAR 143 Ground Instructors ANNEX 2 
Page 5 
JAR 145 Maintenance organisations 
JAR 147 Maintenance personnel training schools 
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COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT 
I. What is the main reason for introducing the measure? 
This proposal concerns the harmonisation of technical 
requirements and procedures and their application to civil 
aircraft. 
This harmonisation will be based on the adoption of 
european Joint Aviation Requirements (JARs) and their 
application through the Joint Aviation Authorities (JAA) 
organisation. 
11. Features of the business in question 
All enterprises which manufacture aircraft and aviation 
products, and aircraft operators. 
III. What obligations does this measure impose directly on 
businesses? 
Aircraft and aviation products shall be manufactured, 
operated and maintained in accordance with the provisions 
of this proposal. 
IV. What indirect obligations are national, regional or local 
authorities likely to impose on business? 
Implementation of the obligations as described under III. 
Y. Are there any special provisions in respect of SME's? 
None. 
VI. What is the likely effect on: 
a ) T_he £ompe.tj_tj_ve.ne.s 1 £^_b£sin£s± 
The internal competitiveness of enterprises 
manufacturing or operating aircraft and aviation 
products will be equalised by applying harmonised 
technical requirements and procedures. 
Emp_l oyme£t 
No effect. 
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YII. Have the relevant representative organisations been 
consul ted? 
The representative organisations of aircraft 
manufacturers and operators have been consulted. Their 
opinions are as follows: 
Aircraft manufacturers strongly support the proposals but 
believe the Commission should be requiring the 
establishment of a single european aviation 
administration as soon as possible. 
The aircraft operators also support the proposals but are 
concerned about the possible introduction of a further 
layer of bureaucracy in an, already, highly regulated 
industry. 
ISSN 0254-1475 
COM(90) 442 final 
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