WRITTEN QUESTION E-0883/99

by Cristiana Muscardini (NI) to the Commission

(8 April 1999)

Subject: Control of safety at airports

The recent incident involving an aeroplane at Genoa airport demonstrates for the ninth time the problem of control of runway safety and airport facilities. Without calling into question the competence of the international bodies operating in the air transport sector or going into the question of responsibility for the incident and taking account of the fact that the Council has authorised the Commission to set up a European organisation for civil aviation safety.

Can the Commission answer the following:

1. What is the outcome of the Commission's preparations for setting up the organisation?

2. Does it have powers over airport safety?

3. Does it have ad hoc services to control the technical parameters foreseen (length of runways, minimum distance from runways to road, industrial or residential infrastructures, waterways and sea)?

4. Does the Commission consider that the existence of abandoned iron and steel equipment alongside the Genoa runway is compatible with basic safety rules?

5. Does it not think that in the interests of air safety it should propose amendments to Regulation No 3922/91/EEC(1) on the harmonisation of technical rules for civil aviation in order to guarantee maximum tranquillity for citizens as regards application of the rules on airport infrastructures?

Answer given by Mr Kinnock on behalf of the Commission

(7 May 1999)

1. The Commission has indeed received a mandate from the Council on 20 July 1998 to negotiate on behalf of the Community and its Member States a multilateral convention involving other European States to create a European aviation safety authority. The Commission has since then prepared a draft convention and extensive discussions within the special negotiation Committee created by the Council to assist the Commission have to take place before formal negotiations with third parties are initiated. This internal process is going on presently.

2. It is already agreed between the Commission and the Council that this organisation should have competence in the field of airport safety. It has been accepted however that, subject to the agreement of parties involved, this may not be a priority task for the new organisation and that the implementation of its powers in this specific field could be decided at a later stage.

3. It is not yet decided whether powers in the area of airport safety would be limited to issuing common requirements to be implemented at national level or if the authority itself should have regulatory powers to actually certify and oversee the safety of airport operations. Such decisions will have to be taken by the authority itself, bearing in mind the principle of subsidiarity.

4. At the present time, the Community has not acted in the field of airport safety and the Commission cannot therefore speculate on what is safe or not in the vicinity of airports. It can only refer to current international standards and recommended practices established by the International civil aviation organisation (ICAO) of which all Member States are members

5. The scope of Council Regulation (EEC) 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of aviation could indeed cover airport operations since its first article refers to organisations and personnel involved in the operation of aircraft. It could therefore constitute an appropriate basis to legislate in this field. Bearing in mind however the previous comments on ICAO standards and recommended practices and the principle of subsidiarity, it has not been felt necessary up to now for the Community to act in this field.

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