WRITTEN QUESTION E-0045/98 by Mihail Papayannakis (GUE/NGL) to the Commission (29 January 1998)

Subject: Implementation of air traffic directive

Directive 93/65/EEC ((OJ L 187, 29.7.1993, p. 52. )) applies (Article 1) to the definition and use of compatible technical specifications for the procurement of air-traffic management equipment and systems, in particular communications systems, surveillance systems, systems providing automated assistance to air-traffic control and navigation systems.

Under the same directive, the Member States shall notify the Commission annually of any measures they have introduced to achieve the objectives of the Directive (Article 8) and shall bring into force the provisions necessary for them to comply with the Directive no later than 19 July 1994 (Article 9).

As European standardization is a crucial factor in achieving a uniform level of safety in air-traffic management, will the Commission say to what extent Greece has taken the necessary measures to comply with Directive 93/65/EEC, whether it complies with the Eurocontrol standards enshrined in Community law and whether it duly notifies the Commission annually of the measures it has introduced to achieve the objectives of the Directive and what those are?

According to the Commission's report on the application of Community law, the Commission sent a letter of formal notice in 1995 and a reasoned opinion in 1996 to the Greek authorities. What was the outcome of the Commission's measures?

Answer given by Mr Kinnock on behalf of the Commission (23 March 1998)

Council Directive 93/65/EEC on the definition and use of compatible technical specifications for the procurement of air traffic management defines the general framework under which Eurocontrol standards are to be adopted under Community law.

It specifies the basic obligation on the part of awarding entities, in the general documents or specifications relating to each contract for the procurement of air traffic management equipment and systems, to refer to the specifications adopted in accordance with this Directive.

Transposition of the Directive into national law in each Member State was required by 20 July 1994. At that date, Greece had not notified any implementing measures for the Directive to the Commission. Consequently, the Commission initiated infringement procedures. The Greek authorities replied to the letter of formal notice by letter of 3 October 1996 in which they communicated the publication in the Official Journal (No 230, of 17 September 1996) of legislation (number 351) implementing Council Directive 93/65/EEC into Greek law. Following this notification, which was considered to be adequate, the Commission closed the infringement procedure against Greece.

The effective adoption of Eurocontrol standards into Community law is achieved under the Directive through specific legislative acts adopted within the committee procedure set out in Article 6. Two Eurocontrol standards - the on-line data interchange (OLDI) and the air traffic services exchange presentation (ADEXP) - are currently mandatory under Commission Directive 97/15/CE of 25 March 1997 adopting Eurocontrol standards and amending Council Directive 93/65/EEC ((OJ L 95, 10.4.1997. )). Those standards do not deal with safety aspects but are essential to achieve interoperability between national air traffic control systems. Member States should have brought the implementing measures for this Directive into force by 1 December 1997. To date, Greece has not notified the Commission of any measures implementing this Directive, and will, therefore, receive a letter of formal notice in due course.

In practice, however, the Commission does not have any evidence that Greece does not apply Eurocontrol standards.

Article 8, paragraph 2 of the Directive concerns measures that Member States have taken to achieve the objectives of the Directive. The Committee established under the Directive is currently debating the interpretation of this provision and is expected shortly to adopt a position concerning the type of measures to be notified so that Member States can know what is expected of them. It is likely that the measures to be notified should be organisational in nature.