Proposal for a Council Regulation (EC) amending Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (1999/C 44/11) COM(1998) 759 final - 98/0349(SYN)

(Submitted by the Commission on 21 December 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty, establishing the European Community, and in particular Article 84(2) thereof,

Having regard to the proposal of the Commission,

Acting in accordance with the procedure referred to in Article 189c of the Treaty,

Having regard to the opinion of the Economic and Social Committee;

Whereas Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (1) lays down procedures relating to recognition of certifications of the conformity of products, services and persons;

Whereas these technical requirements and administrative procedures apply equally to products, organisations and personnel from the European Community and third countries;

Whereas it may be necessary to facilitate approval of third countries' products, organisations and personnel by using the findings made by the competent authorities of these countries;

Whereas such an approval mechanism relates to the exchange of goods or services with third countries and affects the approval conditions set out by Council Regulation (EEC) No 3922/91, and falls therefore in the field of Community competence;

Whereas pending the conclusion by the Community of mutual recognition agreements covering these products, organisations and personnel, it is appropriate to allow Member States to give the necessary approval on the basis of the findings made third countries' competent authorities;

Whereas it is necessary to ensure that such approvals are granted in accordance with Community policies and obligations and do not give unfair advantages to third parties; they should therefore be granted only on a temporary basis pending the conclusion by the Community of mutual recognition agreements with a concerned third country;

Whereas it is appropriate to entrust the Commission with the task of monitoring the granting of such approvals by Member States in order to safeguard Community interests and for the Commission to be assisted by a Committee acting in a consultative capacity,

HAS ADOPTED THIS REGULATION:

Article 1

Council Regulation (EEC) No 3922/91 is hereby amended by the inclusion of a new Article 7a:

'Article 7a

(a) Where, under the common technical requirements and administrative procedures, a Member State or a body acting on its behalf, intends to grant an approval or accept an organisation on the basis of approvals granted by the competent authorities of a third country, it shall notify the Commission and the Member States of the scope and the detailed conditions under which such an approval would be granted.

(b) If, within three months from the notification the Commission considers that

- the conditions under which such approval would be granted do not provide a level of safety equivalent to that specified by the present Regulation and its annexes, and/or

- such approval would give an unfair advantage to a third country, or is contrary to Community policy vis-à-vis this third country,

it may, in accordance with the procedure laid down in paragraph 4 of Article 12, require the Member State concerned to modify the approval it proposes to grant or not to grant such approval.

(c) Approvals granted on the basis of this article shall expire upon the entry into force of an agreement between the Community and the third country in question, but not later than two years after the grants of such approvals. Upon request of the Member State concerned, in respect of the grant of any approval, the Commission may, in accordance with the procedure laid down in paragraph 4 of Article 12, authorise the extension of such a two-year period as appropriate, provided that the situations in paragraph (b) do not arise.`

Article 2

Articles 9, 11, and 12 of Council Regulation (EEC) No 3922/91 are replaced by the following provisions:

'Article 9

Member States shall take the necessary steps to co-ordinate their research programmes to improve the safety of civil aircraft and their operation and to inform the Commission thereof. The Commission may take any relevant initiative to promote such national research programmes.`

'Article 11

1. The Commission, following the procedure laid down in paragraph 2 of Article 12, shall make the amendments necessitated by scientific and technical progress to the common technical requirements and administrative procedures listed in Annex II.

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 paragraph 2 of Article 12, shall decide whether or not to include that variant in the common technical requirements and administrative procedures.`

The first paragraph of Article 12 is replaced by the following:

'1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.`

A new paragraph is added:

'4. 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 in according to the urgency of the matter, if necessary by taking a vote.

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 3

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

(1) OJ L 373 of 31.12.1991, p. 4.