WRITTEN QUESTION P-3217/00

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(12 October 2000)

Subject: Violation of safety rules by Macedonian Airlines in Greece

The Greek Civil Aviation Authority (CAA) issued a decision on 3 February 2000 (YPA/D2/G/5238/1387) ordering checks on the technical operation and maintenance of Macedonian Airlines A.E. (MA A.E.), a subsidiary of Olympic Airways A.E. (OA A.E.). The check revealed serious violations, sufficient according to the report to warrant the suspension of MA A.E.'s air operator's certificate.

Because of lack of space I will only mention certain examples of violations: instances were detected of flying hours and crew working hours being exceeded. Pilot training on the simulator was carried out by individuals who were not simulator instructors. It emerged from pilot records and work schedules that pilots have fictitious flying experience. During the check MA A.E. could not substantiate the claim that the technical department facilities were being used in compliance with legal requirements. The technical department was staffed by just one person. Following all these and further serious violations, the check was discontinued on the responsibility of MA A.E.'s director of flight operations, who refused to cooperate or to provide further information.

I was astonished by the content of a letter, dated 10 July 2000, sent by the director of the CAA calling on MA A.E. to carry out flights on its own responsibility, in spite of the fact that in the same letter he described the firm as being in total disarray. In its answer MA A.E. challenges the CAA for not imposing appropriate sanctions. It should be noted that on 17 February 1999 the CAA had sent to MA A.E. the results of an investigation with similar findings.

1. Is the Commission aware of the above state of affairs at MA A.E.?

2. Does the situation discovered by the monitors comply with international safety rules, the JAA standard and the provisions of Community legislation?

3. If not, what steps does the Commission intend to take to maintain Community law?

Answer given by Mrs de Palacio on behalf of the Commission

(9 November 2000)

According to the information in the Commission's possession it would seem that two subsidiaries of Olympic Airways have been named Macedonian Airlines. One is a company subject to the laws and supervision of the former Yugoslav Republic of Macedonia. It is thus not subject to Community law and its technical supervision is in the hands of the authorities in that State. The other is a company under Greek law that is subject to the technical inspection of the Greek aviation authorities.

The Commission is not directly involved in the technical supervision of air transport companies and had not been aware of the problems raised by the Honourable Member, but it notes that if the Greek aviation authorities consider it worthwhile to notify a company of a certain number of shortcomings in its working methods, this is proof that they are carrying out their supervision. However, the Commission is unable to assess whether the seriousness of the situation would have required the Greek authorities to go further by banning or suspending the operations of that carrier, for which they have the freedom and responsibility.

If, furthermore, the company at issue is that governed by Greek law, it should also be pointed out that the shortcomings reported are not at this stage covered by any Community legislation. The Commission has indeed laid proposals before the European Parliament and the Council in this connection(1), but they will not be adopted and take effect for several months yet. Thus they can only be covered by Greek law, which in turn must be in line with the International Civil Aviation Organisation's (ICAO's) international standards. The Commission has already identified dysfunctions within the Greek air safety system and on 15 June 2000 served notice on the Greek Government with regard to the application of the Community rules on aircraft maintenance.

Moreover, the Greek air safety system was recently audited, more particularly under the ICAO's programme for auditing its contracting parties, and in accordance with the information received by the Commission it would seem that these too have enabled a certain number of inadequacies to be confirmed.

This being the case the Commission again intends to serve notice on the Greek authorities and to remind them that involvement by their carriers in the internal market requires them to ensure that they provide a high level of safety.

(1) COM(2000) 121 final.