COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 04.03.1998 
COM(1998) 123 final 
97/0039 (SYN) 
Amended proposal for a 
COUNCIL DIRECTIVE 
establishing a safety assessment of third countries aircraft 
using Community airports 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
On 17 February 1997 the Commission adopted a proposal for a Council Directive establishing a 
safety assessment of third countries aircraft using Community airports. 
On 19 November the European Parliament approved the proposal subject to certain amendments. 
The Commission can accept amendments 1, 3 - 12, 14 and 15 since they are consistent with the 
purpose of the proposed Directive, namely to contribute to the improvement of air safety by 
inspecting third countries aircraft whenever there is a suspicion that they are not operating in 
accordance with international safety standards, by collecting and disseminating information relating 
to shortcomings, so that sufficient evidence can be established to decide on measures required to 
ensure the safety of passengers, and by providing for measures to rectify identified shortcomings. 
Parliament's amendments are essentially intended to specify a number of details in the proposed 
provisions and the categories of aircraft which should be subject to ramp inspections, to publish 
information on the results of these inspections and to provide for the drawing-up by the Commission 
of a report on the operation of the Directive, possibly accompanied by proposals for revising it. 
On the other hand, the Commission cannot accept amendment 13 calling for the deletion of Article 
12 of the Commission's proposal, since it takes the view that this article, which provides for the 
imposition by the Member States of penalties for breaches of national provisions adopted pursuant to 
the Directive, is needed in order to ensure effective compliance with Community legislation, e. g. , 
any refusal by a third country aircraft operator to be subjected to an inspection.. 
Amended proposal for a 
COUNCIL DIRECTIVE 
establishing a safety assessment of third countries aircraft 
using Community airports 
3 
Original text of the proposal (') Amended proposal 
Recital 
Whereas the Resolution adopted by the 
European Parliament on 15 February 1996 and 
the Council Conclusion of 11 March 1996 
both point to the need for the Community to 
take a more active stance and develop a 
strategy to improve the safety of its citizens 
travelling by air or living near airports; Whereas the Resolutions adopted by the 
European Parliament on 15 February 1996 and 
17 July 1997* and the Council Conclusion of 
11 March 1996 both point to the need for the 
Community to take a more active stance and 
develop a strategy to improve the safety of its 
citizens travelling by air or living near airports; 
OJC 
Article 1 
The purpose of this Directive is to contribute 
to the improvement of air safety by checking 
third countries aircraft whenever there is 
suspicion that they are not operated in 
accordance with international safety standards, 
by collecting and disseminating the 
information related to shortcomings so that 
sufficient evidence can be established to decide 
on measures required to ensure the safety ol 
the travelling public; and by providing for 
measures concerning the rectification oi 
identified shortcomings. The purpose of this Directive is to contribute 
to the improvement of air safety by inspecting 
third countries • aircraft, their operations and 
their crew whenever there is suspicion that 
they are not operated in accordance with 
international safety standards, by collecting 
and disseminating the information related to 
shortcomings so that sufficient evidence can be 
established to decide on measures required to 
ensure the safety of travellers and all those 
affected on the ground (especially the residents 
of areas near airports): and by providing for 
measures concerning the rectification ol 
identified shortcomings. 
O.J. C124of2i.04.1997page39 
9 
Article 3, definitions 4, 5 and 6 
International safety standards' means the 
safety standards contained in the Annexes to 
the Convention on International Civil Aviation 
signed in Chicago on 7 December 1944 as in 
force at the date of adoption of this Directive: 
'Ramp inspection' means the examination on 
board and around an aircraft to check both the 
validity of the aircraft documents and those of 
its crew and the apparent condition of the 
aircraft and its equipment; 
'Third countries aircraft' means an aircraft 
operated by an air carrier of which the Air 
Operator Certificate is delivered by a State 
which is not a Member State of the 
Community. International safety standards' means the 
safety standards contained in the Annexes tc 
the Convention on International Civil Aviation 
signed in Chicago on 7 December 1944 as in 
force at the time of the inspection: 
'Ramp inspection' means the examination on 
board and around an aircraft to check both the 
validity of the aircraft documents and those of 
its crew and the apparent condition of the 
aircraft and its equipment, 
'Third countries aircraft' means an aircraft 
operated by an air carrier of which the Air 
Operator Certificate is delivered by a State 
which is not a Member State of the 
Community or an aircraft which is not used or 
operated under the control of a competent 
authority of a Member State. 
Article 4( 1 ), introduction and first indent 
1. Competent Authorities of the Member 
States shall collect any information deemed 
useful for the fulfilment of the objective stated 
in Article 1 of this directive, including: 
important safety information accessible, 
especially, through 
- passenger complaints, 
- pilots reports, 
- maintenance organisation reports, 
- incidents reports; 1. The competent authorities of the Member 
States shall collect any information deemed 
useful for the fulfilment of the objective stated 
in Article 1 of this directive, including: 
important safety information accessible, 
especially, through 
- complaints by passengers, airport users 
and residents of areas near airports. 
- pilots reports, 
- maintenance organisation reports, 
- incidents reports, 
- relevant reports from other 
organizations, independent from the 
competent authorities of the Member 
States; 
s 
Article 5 
I The competent authority of each Member 
State shall ensure that third countries aircraft 
suspected of non-compliance with 
international safety standards landing at any of 
its airports is subject to ramp inspections as 
follows: 
(a) all aircraft: I The competent authority of each Member 
State shall ensure that third countries aircraft 
suspected of non-compliance with 
international safety standards landing at any of 
its airports is subject to ramp inspections^ 
la. In particular, the competent authorities 
shall carry out ramp inspections on all aircraft 
showing signs of poor maintenance 
condition or with obvious damage or 
defect, 
which have been reported to perform 
abnormal manoeuvres since entering 
the airspace of a Member State; 
having been subjected to a previous 
ramp inspection which has revealed 
deficiencies as long as such deficiencies 
have not been corrected: 
(b) 10% of the movements, with a minimum 
of once a week, of: 
- an aircraft the operator of which has 
been the subject of a standard report 
according to Article 4. 
an aircraft the operator of which or the 
country of the operator of which has been 
the subject of a decision according to 
Article 9. showing signs or where information has 
been received of poor maintenance 
condition or obvious damage or defect; 
which have been reported to perform 
abnormal manoeuvres since entering the 
airspace of a Member State, 
having been subjected to a previous ramp 
inspection which has revealed deficiencies 
giving rise to serious concerns that the 
aircraft does not comply with 
international standards and where the 
Member State is concerned that the 
defects may not have been corrected: 
where there is evidence that the 
competent authorities of the country of 
registration may not be exercising proper 
safety oversight: 
where information collected under Article 
4 gives cause for concern about the 
operator or where a previous ramp 
inspection of an aircraft used by the same 
operator has revealed deficiencies, 
pending the adoption by the operator of 
satisfactory arrangements for corrective 
measures: 
whose operator or the country of the 
operator has been the subject of a 
decision according to Article 9. pending 
the adoption by the comptent authority of 
that third country of satisfactory 
arrangements for corrective measures. 
2 The ramp inspection shall be performed 
according to the procedure described in Annex 
2 and using a ramp inspection report form 
containing at least the items described in the 
form appended to this Annex. On completion 
of the ramp inspection, the commander of the 
aircraft shall be provided with a copy of the 
ramp inspection report. 
3 When executing a ramp inspection under 
this Directive, the competent authority shall 
make all possible efforts to avoid an aircraft 
being unduly delayed. 2. The ramp inspection shall be performed 
according to the procedure described in Annex 
2 and using a ramp inspection report form 
containing at least the items described in the 
form appended to this Annex On completion 
of the ramp inspection, the commander of the 
aircraft shall be informed of the contents of the 
ramp inspection report and if the report 
disclose deficiencies, it shall be sent to the 
operator of the aircraft and to the competent 
authority of the country of registration. 
3 When executing a ramp inspection under 
this Directive, the competent authority shall 
make all possible efforts to avoid an aircraft 
being unduly delayed unless there are 
reasonable grounds for a more thorough 
investigation. 
Article 6, heading and (1) 
Exchange of information Exchange of information and cooperation 
1 The competent authorities of the Member 
States shall participate in a mutual exchange of 
information. 1. Member States shall make provision for 
the exchange of information and cooperation 
between their competent authorities, the 
competent authorities of all other Member 
States and the Commission. 
Article 7(1) 
1. The information exchanged in accordance 
with Article 6 shall be used for the sole 
purpose of this Directive and its access will be 
limited to the participating competent 
authorities and the Commission. 1. The information exchanged in accordance 
with Article 6 shall be used for the sole 
purpose of this Directive and its access will be 
limited to the participating competent 
authorities and the Commission without 
prejudice to the provisions laid down herein 
concerning the publication of groundings. 
Article 8(2) 
2. In the event that an aircraft is grounded, 
the competent authority of the Member State 
where the inspection took place shall 
immediately inform the competent authorities 
of the countries concerned. 2. In the event that an aircraft is grounded, 
the competent authority of the Member State 
where the inspection took place shall 
immediately inform in writing the operator and 
the competent authorities of the country of the 
operator and of the State where the aircraft is 
registered. 
Article 8(5) 
fL The owner or the operator of the aircraft 
or his representative in the Member State 
concerned shall have a right of appeal against 
a grounding decision taken by the competent 
authority of the Member State. The lodging 
of an appeal shall not cause in itself the 
grounding to be suspended. Article 8a 
Right of appeal 
h The owner or the operator of the aircraft 
or his representative in the Member State 
concerned shall have a right of appeal against a 
grounding decision taken by the competent 
authority of the Member State. The lodging of 
an appeal shall not cause in itself the 
grounding to be suspended. 
Z Member States shall establish and 
maintain appropriate procedures for this 
purpose in accordance with their national 
legislation. 
X The competent authority shall properly 
inform the commander of the aircraft of the 
right of appeal. 
Article 9, first paragraph, first indent 
systematic ramp inspection and other 
surveillance measures of a specific 
operator or of operators of a specific 
third country; systematic ramp inspection and other 
surveillance measures of a specific 
operator or of operators of a specific 
third country pending the adoption by the 
operator or the competent authority of 
that third country of satisfactory 
arrangements for corrective measures: 
Article 10(1) 
I Member States shall report to the 1 Member States shall report to the other 
Commission the operational measures taken Member States and to the Commission the 
and the resources allocated to implement the operational measures taken and the resources 
requirements of Articles 4, 5 and 6. allocated to implement the requirements of 
Articles 4, 5 and 6. 
Article 10a (new) 
Article 10a 
Publication of groundings 
L Each competent authority shall as a 
minimum publish quarterly information 
available to the public concerning aircraft 
grounded during the previous three-month 
period. 
Z Such information shall also include all 
aircraft, operators, countries of operators and 
States of registration whose aircraft have been 
detained more than once during the past 24 
months. 
3, The information published shall include in 
particular the type of aircraft, the name and 
country of the operator, the State of 
registration, the reason for grounding and the 
airport and date of grounding. 
Article 13a (new) 
Article 13a 
Information report and revision 
No later than two years after the entry into 
force of this Directive, the Commission shall 
draw up a report on its application, taking into 
account inter alia developments in the 
European Union and in international fora. 
Such a report may be accompanied, if it is 
appropriate, by proposals for a revision of this 
Directive. 
y\o 
ISSN 0254-1475 
COM(98) 123 final 
DOCUMENTS 
EN 07 06 11 
Catalogue number : CB-C0-98-126-EN-C 
ISBN 92-78-31708-X 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
ni