Opinion of the Economic and Social Committee on the "Proposal for a Council Regulation (EC) amending 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"(1)

(1999/C 169/03)

On 10 March 1999 the Council decided to consult the Economic and Social Committee, under Article 84 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 13 April 1999. The rapporteur was Mr Decaillon.

At its 363rd plenary session (meeting of 28 April 1999) the Economic and Social Committee adopted the following opinion by 76 votes to one, with one abstention.

1. Introduction

1.1. Council Regulation (EEC) No. 3922/91(2) provides the instrument by which harmonized technical requirements and administrative procedures (JARs) worked out by the Joint Aviation Authorities (JAA) can be incorporated into Community legislation. An amendment proposed in 1996(3) to include the new JARs on light aircraft and helicopters was blocked by some Member States who wish first to include a common certification procedure in the JAA administrative regulation (JAR 21), specifying implementation procedures forthe JARs. Nevertheless, in 1996 the Commission made one amendment necessitated by scientific and technical progress (4) and plans another for 1999.

2. Gist of the Commission document

2.1. No technical revision of JAR 145 (approved maintenance organizations) was possible as the latest amendments adopted by the JAA on Member State recognition of certification established by third country organizations are incompatible with Community competencies in this area.

2.2. Given the European Community's external competencies as confirmed by European Court of Justice case law, it will have to negotiate and manage appropriate bilateral agreements. This will not be possible in the near future. Consequently, it is proposed (new Article 7 bis) that the Member States beempowered to recognise the approvals granted to foreign products, organizations and personnel. Such practice should be subject to Community surveillance.

2.3. In order to ensure surveillance, such bilateral agreements must be notified to the Commission and to the Member States in order to allow an a priori examination. The Commission must ensure that the approval granted does not affect the level of safety specified by the present regulation, that it does not give an unfair advantage to a third country, and that it is not contrary to Community policy vis-à-vis this third country.

2.4. When doing so, the Commission will be assisted by a committee of Member State representatives. In order to set up this consultative committee instead of the regulatory committee set up under Regulation (EEC) 3922/91, Articles 9, 11 and 12 will have to be redrafted.

3. General comments

3.1. As in its previous opinions, the Economic and Social Committee endorses the objectives of a high level of security in civil aviation and freedom of movement for the aviation products and services described above. Whilst recognizing that Regulation 3922/91 has provided progress in these areas, the Committee wishes to highlight once again the problems already experienced in the operation of the previous regulation, particularly in publishing and translating the JARs contained or to be contained in the regulation.

3.2. The Committee welcomes, subject to the following remarks, the proposal for a Council regulation which, in the absence of bilateral agreements between the Community and third countries, recognizes approval granted under bilateral agreements - subject to Community surveillance - between Member States and third countries. This would clear the way for the incorporation of the technical modifications provided for under JAR 145. The amended regulation would subsequently pave the way for the incorporation of other JARs already partly drafted by JAA Member State representatives.

3.3. Approval or acceptance of an organization on the basis of approval granted by the competent authorities of a third country, as provided for under the new Article 7 bis, must not alter the economic climate, cause social disruption or impact negatively on employment in the Community. The Committee therefore calls for research to be undertaken into the possible impact in the social sphere.

3.4. Regarding the status of the committee, the ESC would reiterate the recommendation made in its earlier opinion(5) that the "committee should be of a regulatory nature", in view of the highly specialized, technical nature of Regulation 3922/91. The inclusion of the new Article 7 bis means that the Commission is pressing more for a consultative committee. Echoing the ESC opinion, the regulation adopted on 16 December 1991 provides for a regulatory committee. In the light of the new information, the ESC sees no reason to water down the regulatory nature of the existing committee by transforming it into a consultative committee.

Brussels, 28 April 1999.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

(1) OJ C 44, 18.2.1999, p. 10.

(2) 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, 31.12.91, p. 4 - ESC Opinion - OJ C 159, 17.6.1991.

(3) Proposal for a Council Regulation (EC) amending Council Regulation (EEC) No. 3922/91 on the harmonization of technical requirements and administrative procedures in the field of civil aviation (COM(96) 186 final - 96/0119 (SYN) - ESC Opinion - OJ C 30, 30.1.1997.

(4) Commission Regulation (EC) No. 2176/96 of 13 November 1996 amending to scientific and technical progress Council Regulation (EEC) No. 3922/91 - OJ L 291, 14.11.1996, p. 15.

(5) 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, 31.12.91, p. 4 - ESC Opinion - OJ C 159, 17.6.1991.