Proposal for a Council Directive on safety requirements and attestation of professional competence for cabin crews in civil aviation (97/C 263/04) (Text with EEA relevance) COM(97) 382 final - 97/0212(SYN)

(Submitted by the Commission on 23 July 1997)

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 a proposal from the Commission,

Acting in accordance with the procedure referred to in Article 189C of the Treaty in cooperation with the European Parliament,

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

Whereas the completion of the single market requires the existence of an efficient air transport system based on free and fair competition;

Whereas a primary objective of Community aviation policy is the maintenance of high safety standards;

Whereas to ensure a high level of safety, minimum training and medical requirements should be prescribed for all cabin crew assigned to safety functions;

Whereas training requirements for cabin crew differ between Member States; whereas in order to provide for common standards and ensure a uniform level of safety and fair competition in the single market and to promote mobility within the Community of this category of personnel, it is better, having regard to the principle of subsidiarity, to take action at Community level;

Whereas it is necessary to check and record all training undertaken and to attest that such training has been successfully achieved;

Whereas attestations of professional competence issued in conformity with this Directive shall be accepted by other Member States;

Whereas Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (1) imposes that employers ensure the safety and health of workers in every aspect related to work, including training, and bear the related financial burden,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Scope

1. This Directive shall apply to all cabin crew when assigned to safety functions on aircraft used by Community air carriers, whether the aircraft is registered in a third country or not.

2. The application of this Directive is without prejudice to the fulfilment of obligations derived from Directive 89/391/EEC.

Article 2

Definitions

For the purposes of this Directive:

(a) 'Community air carrier` means an air transport undertaking within the meaning of Council Regulation (EEC) No 2407/92;

(b) 'Cabin crew` means any crew member, other than a flight crew member, assigned by an operator to duties in the passenger compartment of an aircraft, except for additional crew members solely assigned to non-safety duties;

(c) 'Safety functions` means all duties related to the safe operation of an aircraft and the safety of the passengers;

(d) 'Attestation of professional competence` means a formal recognition of the training undertaken by a national Civil Aviation Authority of a Member State or any other organization designated and approved by that Authority;

(e) 'Officially approved organization` means the competent national Civil Aviation Authority or any other organization approved by that authority to carry out training in conformity with the provisions of Annexes I, II and III and to issue the corresponding attestation of professional competence.

Article 3

No operator shall assign a cabin crew member to safety functions and no cabin crew member shall accept such duties unless the requirements set out in Article 4, 5, 6 and 7 have been fulfilled.

Article 4

Age and medical requirements

1. A cabin crew member shall be at least 18 years of age.

2. A cabin crew member, assigned to safety functions, shall pass a medical examination or assessment at regular intervals so as to check the medical fitness to discharge his/her duties.

Article 5

Initial, conversion and recurrent training

1. A cabin crew member assigned to safety functions must have successfully completed an initial course of safety training covering at least the subjects listed in Annex I.

2. A cabin crew member assigned to safety functions on a specific aircraft must have completed a conversion or differences training covering at least the subjects listed in Annex II.

3. A cabin crew member assigned to safety functions shall undergo recurrent training in line with the provisions of Annex III.

Article 6

Approval of training courses and organizations

The programme and organization of the training courses referred to in Article 5 shall be approved by the competent national Civil Aviation Authority. The Training shall be carried out by an officially approved organization.

Article 7

Checks, records and attestation of professional competence

1. During or following completion of the training required, each cabin crew member shall undergo a check covering the training received in order to verify his/her proficiency in carrying out safety and emergency duties. These checks must be performed by qualified personnel.

Checks shall be carried out following:

(a) initial training;

(b) conversion and differences training;

(c) recurrent training.

2. It shall be compulsory for the training organization and each individual cabin crew member to maintain records of all training and checking.

3. An attestation of professional competence shall be issued by an officially approved organization describing the training successfully undergone by a cabin crew member.

Article 8

Attestations of professional competence issued in conformity with the present Directive shall be accepted by all Member States for exercising the corresponding safety functions on board aircraft operated by Community air carriers.

Article 9

Implementation

1. The Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive before 1 April 1998. They shall forthwith inform the Commission thereof.

2. When Member States adopt these provisions, these shall contain a reference to this Directive and shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted the Member States.

3. The Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.

Article 10

Member States shall lay down the systems of penalties for breaching the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive.

Article 11

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

Article 12

This Directive is addressed to the Member States.

(1) OJ No L 183, 29. 6. 1989.

ANNEX I

INITIAL TRAINING

A cabin crew member shall successfully complete initial training, in accordance with the following provisions:

(a) Fire and smoke training:

1. emphasis on the responsibility of cabin crew to deal promptly with emergencies involving fire and smoke and, in particular, emphasis on the importance of identifying the actual source of the fire;

2. the importance of informing the flight crew immediately, as well as the specific actions necessary for coordination and assistance, when fire or smoke is discovered;

3. the necessity for frequent checking of potential fire-risk areas including toilets, and the associated smoke detectors;

4. the classification of fires and the appropriate type of extinguishing agents and procedures for particular fire situations, the techniques of application of extinguishing agents, the consequences of misapplication, and of use in a confined space; and

5. the general procedures of ground-based emergency services at aerodromes.

(b) Water survival training. The actual donning and use of personal flotation equipment in water. Before first operating on an aeroplane fitted with life-rafts or other similar equipment, training must be given on the use of this equipment, as well as actual practice in water.

(c) Survival training. Survival training shall be appropriate to the areas of operation (e.g. polar, desert, jungle or sea).

(d) Medical aspects and first aid:

1. instruction on first aid and the use of first-aid kits;

2. first-aid associated with survival training and appropriate hygiene; and

3. the physiological effects of flying and with particular emphasis on hypoxia.

(e) Passenger handling:

1. advice on the recognition and management of passengers who are, or become, intoxicated with alcohol or are under the influence of drugs or are aggressive;

2. methods used to motivate passengers and the crowd control necessary to expedite an aeroplane evacuation;

3. regulations covering the safe stowage of cabin baggage (including cabin service items) and the risk of it becoming a hazard to occupants of the cabin or otherwise obstruction or damaging emergency equipment or aeroplane exits;

4. the importance of correct seat allocation with reference to aeroplane mass and balance. Particular emphasis shall also be given on the seating of disabled passengers, and the necessity of seating able-bodied passengers adjacent to unsupervised exits;

5. duties to be undertaken in the event of encountering turbulence, including securing the cabin;

6. precautions to be taken when live animals are carried in the cabin;

7. dangerous goods training;

8. security procedures.

(f) Communication. During training, emphasis shall be placed on the importance of effective communication between cabin crew and flight crew including technique, common language and terminology.

(g) Discipline and responsibilities:

1. the importance of cabin crew performing their duties in accordance with the Operations Manual;

2. continuing competence and fitness to operate as a cabin crew member with special regard to flight and duty time limitations and rest requirements;

3. an awareness of the aviation regulations relating to cabin crew and the role of the Civil Aviation Authority;

4. general knowledge of relevant aviation terminology, theory of flight, passenger distribution, meteorology and areas of operation;

5. pre-flight briefing of the cabin crew and the provision of necessary safety information with regards to their specific duties;

6. the importance of ensuring that relevant documents and manuals are kept up-to-date with amendments provided by the operator;

7. the importance of identifying when cabin crew members have the authority and responsibility to initiate an evacuation and other emergency procedures; and

8. the importance of safety duties and responsibilities and the need to respond promptly and effectively to emergency situations.

(h) Crew resource management.

ANNEX II

CONVERSION AND DIFFERENCES TRAINING

(a) The training shall cover:

1. Conversion training:

A conversion course to be completed before being:

(i) first assigned by the operator to operate as a cabin crew member; or

(ii) assigned to operate another aircraft type; and

2. Differences training.

Differences training to be completed before operating:

(i) on a variant of an aeroplane type currently operated; or

(ii) with different equipment, equipment location, or safety procedures on currently operated aeroplane types or variants.

(b) The content of the conversion or differences training shall take account of the cabin crew member's previous training.

(c) To ensure adequate safety levels:

1. conversion training must be conducted in a structured and realistic manner;

2. differences training must be conducted in a structured manner;

3. conversion training, and if necessary differences training, includes the use of all emergency and survival equipment and all emergency procedures applicable to the type or variant of aeroplane and involves training and practice on either a representative training device or on the actual aeroplane;

4. during conversion and differences training, training shall be given on the location, removal and use of all emergency and survival equipment carried on the aeroplane, as well as all emergency procedures, and emergency training related to the aeroplane type, variant and configuration to be operated.

(d) Fire and smoke training:

Realistic and practical training in the use of all fire-fighting equipment including protective clothing representative of that carried in the aeroplane. This training must include:

(i) extinguishing a fire characteristic of an aeroplane interior fire except that, in the case of Halon extinguishers, an alternative extinguishing agent may be used; and

(ii) the donning and use of protective breathing equipment in an enclosed, simulated smoke-filled environment;

(e) Operations of doors and exits:

1. operating and actually opening all normal and emergency exits for passenger evacuation in an aeroplane or representative training device; and

2. the operation of all other exits must be demonstrated.

(f) Evacuation slide training:

1. descent of an evacuation slide from a height representative of the aeroplane's main deck sill height;

2. the slide must be fitted to an aeroplane or a representative training device; and

3. a further descent must be made when the cabin crew member qualifies on an aeroplane type in which the main deck exit sill height differs significantly from any aeroplane type previously operated.

(g) Evacuation procedures and emergency situations:

1. emergency evacuation training shall include the recognition of planned or unplanned evacuations on land or water. This training must include recognition of when exits are unusable or when evacuation equipment is unserviceable;

2. training to deal with the following:

(i) an in-flight fire, with particular emphasis on identifying the actual source of the fire;

(ii) severe air turbulence;

(iii) sudden decompression, including the donning of portable oxygen equipment by each cabin crew member; and

(iv) other in-flight emergencies.

(h) Crowd control. Training shall be provided on the practical aspects of crowd control in various emergency situations, as applicable to the aeroplane type.

(i) Pilot incapacitation. Training to assist if a pilot becomes incapacitated. This training shall include a demonstration of:

1. the pilot's seat mechanism;

2. fastening and unfastening the pilot's seat harness;

3. use of the pilot's oxygen equipment; and

4. use of pilot's checklists.

(j) Safety equipment. Realistic training on, and demonstration of, the location and use of safety equipment including the following:

1. slides, and where non-self-supporting slides are carried, the use of any associated ropes;

2. life-rafts and slide-raft, including the equipment attached to, and/or carried in, the raft;

3. lifejackets, infant lifejackets and flotation cots;

4. dropout oxygen system;

5. first-aid oxygen;

6. fire extinguishers;

7. fire axe or crow-bar;

8. emergency lights including torches;

9. communication equipment, including megaphones;

10. survival packs, including their contents;

11. pyrotechnic (actual or representative devices);

12. first-aid kits, their contents and emergency medical equipment; and

13. other cabin safety equipment or systems where applicable.

(k) Passenger briefing/safety demonstrations. Training must be given in the preparation of passengers for normal and emergency situations.

ANNEX III

RECURRENT TRAINING

(a) Every year the programme of practical training must include the following:

1. emergency procedures including pilot incapacitation;

2. evacuation procedures including crowd-control techniques;

3. touch-drills by each cabin crew member for opening normal and emergency exits for passenger evacuation;

4. the location and handling of emergency equipment, including oxygen systems, and the donning by each cabin crew member of lifejackets, portable oxygen and protective breathing equipment (PBE);

5. first aid and the contents of the first-aid kits;

6. stowage of articles in the cabin;

7. dangerous goods procedures;

8. security procedures;

9. incident and accident review; and

10. crew resource management.

(b) Every three years, recurrent training shall also include:

1. the operation and actual opening of all normal and emergency exits for passenger evacuation in an aircraft or representative training device;

2. demonstration of the operation of all other exits;

3. realistic and practical training in the use of all fire-fighting equipment, including protective clothing, representative of that carried in the aircraft.

This training must include:

(i) extinguishing a fire characteristic of an aeroplane interior fire except that, in the case of Halon extinguishers, an alternative extinguishing agent may be used; and

(ii) the donning and use of protective breathing equipment by each cabin crew member in an enclosed, simulated smoke-filled environment.

4. use of pyrotechnics (actual or representative devices); and

5. demonstration of the use of the life-raft, or slide-raft, where fitted.