OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on establishing common rules in the field of civil aviation and creating a European Aviation Safety Agency AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on establishing common rules in the field of civil aviation and creating a European Aviation Safety Agency

(Text with EEA relevance)

1. Introduction

Point (c) of the third subparagraph of Article 251(2) of the EC Treaty provides that the Commission shall deliver an opinion on amendments proposed by the European Parliament on second reading. The Commission hereby delivers its opinion on the twenty eight (28) amendments voted by Parliament.

2. Background

a) The Commission transmitted a proposal for a Regulation (COM(2000) 595 final - COD 2000/0246 of 27 September 2000) [1] to Council and Parliament on 4 December 2000.

[1] OJ C 154E, 29.5.2001, p. 1.

b) The Economic and Social Committee delivered a favourable opinion at its plenary session on 30 May 2001. [2] The Committee of the Regions has not been consulted.

[2] OJ C 221, 7.8.2001, p. 38.

c) The European Parliament delivered its opinion on first reading (containing fifty seven (57) amendments to the Commission proposal) on 5 September 2001. [3]

[3] OJ C 72, 21.3.2002, p.80-146.

d) The Council adopted its common position on 19 December 2001. [4]

[4] OJ C 58E, 5.3.2002, p. 44-67.

e) Pursuant to Article 251(2) of the EC Treaty, the Commission adopted a communication to the European Parliament concerning the Council common position (SEC(2002) 23 final) on 11 January 2002.

f) The Council common position was transmitted to Parliament on 17 January 2002.

g) The European Parliament adopted a resolution on second reading (containing twenty eight amendments to the common position) on 9 April 2002.

3. Objective of the proposal

Discussions within the Community, but also externally and within the JAA (Joint Aviation Authorities - an intergovernmental body that develops common safety regulatory standards and procedures in Europe) have shown the need for a strong organisation with powers in the aviation safety sector to perform the executive tasks currently carried out at national level. To this end, on 16 July 1998 the Council adopted a decision authorising the Commission to open negotiations with the JAA States that are not members of the EU with a view to establishing an international organisation. However, numerous difficulties were encountered in pursuing this initiative, which in turn led to the Commission, at the invitation of the Council on 26 June 2000, to prepare its proposal for this Regulation to create the European Aviation Safety Agency (EASA) as part of the Community system and establish common rules in the field of civil aviation.

The proposal's essential objective is to achieve and maintain a uniformly high level of safety and environmental protection in the Community. Additional objectives are the facilitation of free and fair competition in the Community, more efficient certification processes, and the worldwide promotion of European aviation standards. The means to achieve these objectives are the formulation, approval and uniform application of all necessary regulations, the automatic recognition, without any further requirement or verification, of approvals granted in accordance with these regulations to products, organisations and personnel involved in civil aviation, and the establishment of a Community Agency able to assist the Commission in the executive tasks delegated to it and undertake certain tasks with the efficiency and rapidity needed.

4. The Commission's opinion on the European Parliament's amendments

Parliament adopted twenty eight amendments to the Council common position on second reading. All these amendments are accepted by the Commission, subject to the comments below concerning amendments 1 and 4.

The amendments of substance can be grouped into the following categories:

Extending the scope of the Regulation

Amendments 1 and 4 request the Commission to make proposals covering the whole field of aviation safety, and in particular flight crew licensing and operations of aircraft. The Commission basically agrees with this, since the proposals in question are already provided for in its work programme, but feels bound to point out that, taken out of context, the wording could be interpreted as undermining its right of initiative enshrined in the Treaty. Accepting amendments 1 and 4 can therefore in no case be regarded as limiting this right of initiative.

Setting-up of Agencies

The purpose of amendment 2 is to express Parliament's desire to establish common rules concerning contributions in cash or in kind from the Member States to the Agencies to facilitate their establishment on their territory. This request seems legitimate, although the framework for this Regulation is perhaps not the most appropriate for expressing it. The Commission therefore accepts this amendment but reserves the right to decide on the advisability of proposing common rules for all of the Agencies.

Appointment and strengthening of the powers of the Executive Director of the Agency

Amendments 10, 12, 13 and 14 are designed to facilitate the appointment of the Executive Director and increase his or her authority over the other directors. The Commission accepts these amendments.

Removal of the reference to commercial interests

Amendments 6 and 8 are intended to avoid the interpretation that decisions which should be taken only on the basis of safety and environmental compatibility considerations could be influenced by commercial considerations. These are important clarifications which the Commission accepts.

Strengthening of the Agency's autonomy

Amendments 9 and 11 are, according to Parliament, intended to balance the relationship between the Agency and the Commission. Amendment 9 is acceptable to the extent that it is legitimate to ensure that the Commission, which does not have technical expertise, cannot change a standard without verifying the safety and environmental protection impact; its wording preserves the Commission's right of initiative. Amendment 11 is more of a change of presentation, since the Commission's agreement would still be necessary even with the new drafting. The Commission accepts these amendments.

Transition

Amendment 16 is intended to limit the period in which a dual Community and national system of certification can be maintained in order to facilitate the transition. Parliament's political arguments are admissible and so the Commission accepts this amendment.

Drafting amendments

The remaining amendments concern drafting improvements.

- Amendments 3, 5 and 15 are designed to reintroduce the Commission's initial text.

- Amendment 7 and amendments 17-28 are designed to incorporate drafting improvements which appear desirable following adoption of the common position.

The Commission accepts these amendments.

5. Conclusion

Pursuant to Article 250(2) of the EC Treaty the Commission amends its proposal as indicated above.