B4-0307/96

Resolution on flight and duty time for aircrew

The European Parliament,

- having regard to its resolution of 14 February 1995 on the Commission communication on the way forward for civil aviation in Europe ((OJ C 56, 6.3.1995, p. 28.)),

- having regard to its resolution of 14 December 1995 on the implementation of the legislative programme and other activities in 1995 and on the Commission's work programme for 1996 ((Minutes of that Sitting, Part II, Item 7.)),

A. whereas the Joint Aviation Authorities (JAA) have been discussing and are expected to adopt rules concerning flight and duty time requirements for aircrew,

B. whereas the JAA have neither the legal nor the political weight needed to contribute to the development of a strong, competitive and efficient civil aviation in Europe; whereas the social partners have criticized their lack of transparency and inadequate democratic process, a criticism strongly supported by Parliament,

C. whereas the Community took the first step in harmonising the technical regulatory framework for air transport on the basis of Article 84 of the EC Treaty by adopting 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 ((OJ L 373, 31.12.1991, p. 4.)),

D. whereas this Regulation provides that new provisions may be added to Community legislation as and when they are needed and should be adopted on the basis of Article 84(2) of the EC Treaty,

E. whereas rules concerning flight and duty time requirements for air crews are not only a technical and administrative matter but have also a direct impact on working conditions and occupational health and safety; whereas therefore Article 118a of the EC Treaty is also applicable,

F. whereas the transport sector was excluded from the scope of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time ((OJ L 307, 13.12.1993, p. 18.)); whereas Parliament has consistently urged that the Commission come forward with proposals to cover these sectors;

1. Stresses that improving transport safety levels is one of the Union's principal policy aims and a key factor in air transport;

2. Notes that not only technical standards but also social, occupational health and safety and medical aspects are essential for the maintenance of a high level of safety in air transport;

3. Recalls its demand for Directives based on Article 118a EC to deal with the question of the harmonisation of working time and aspects of the transport sector including the air transport sector;

4. Notes that the completion of the common air transport market must include common provisions for air traffic safety and the harmonisation of social conditions which will ensure free and fair competition and maintain high safety and social standards in the European aviation industry;

5. Regrets that the Commission has failed to present any proposals in this field concerning civil aviation even though they had been announced in previous annual work programmes;

6. Calls on the Commission to assume its responsibilities and present as a matter of urgency a proposal on flight and duty time for aircrew and also on common training and licensing standards for all flight and cabin crew members;

7. Whilst condemning the unilateral and undemocratic actions of the JAA, calls upon the Commission to undertake for this purpose proper consultations with the social partners and to take fully into account the relevant scientific and medical findings and those relating to air accidents;

8. Calls on the Commission to note the objections of the European flight crew unions to the rules proposed by the JAA on this subject, in particular concerning the proper rest period, jet lag and the maximum period for uninterrupted duty;

9. Recalls its previous resolutions, in particular its resolution of 14 February 1995 referred to above, calling for the establishment of a Community Civil Aviation Authority with competence in the field of civil aviation safety, including the issuing of air-worthiness certification for aeronautical products, air traffic control and vocational training in the civil aviation sector;

10. Requests the Commission to introduce the measures necessary to implement this resolution and to report back on them to the European Parliament within three months;

11. Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States.