EN Official Journal of the European Union L 283/18

EFTA SURVEILLANCE AUTHORITY DECISION

No 303/14/COL

of 15 July 2014

authorising Norway to derogate from certain common aviation safety rules pursuant to Article 14(6) of the Act referred to at point 66n of Annex XIII to the Agreement on the European Economic Area (Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC, as amended) [2015/1945]

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to Article 14(6) and (7) of the Act referred to at point 66n of Annex XIII to the EEA Agreement, as adapted by EEA Joint Committee Decision No 163/2011 of 19 December 2011, Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC, as amended; and to point FCL.740.A of Annex I to the Act referred to at point 66ne of Annex XIII to the EEA Agreement, as adapted by EEA Joint Committee Decision No 146/2013 of 15 July 2013, Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council as amended; both as adapted to the EEA Agreement by Protocol 1 thereto,

Having regard to the opinion of the EFTA Transport Committee delivered on 28 March 2014.

Whereas:

(1) Norway has requested to apply a certain derogation from the common aviation safety rules contained in the rules implementing Regulation (EC) No 216/2008.

(2) Pursuant to Article 14(7) of that Regulation, as adapted, the EFTA Surveillance Authority has assessed the need for, and the level of protection emerging from, the derogation requested, based on a recommendation from the European Aviation Safety Agency. The Authority concludes that the variation will provide for a level of protection equivalent to the one attained by the application of the common aviation safety rules, provided that certain conditions are met. The assessment of the derogation, and the conditions attached to its application, are described in the Annex to this decision authorising the derogation.

(3) Pursuant to Article 14(7) of Regulation (EC) No 216/2008 as adapted, a derogation granted to one Member State shall be notified to all Member States, which shall also be entitled to apply that derogation.

(4) Pursuant to Article 1 of EEA Joint Committee Decision No 163/2011 of 19 December 2011 and point 3 letters (a) and (e) of its Annex, the term ‘Member State(s)’ is to be understood to include, in addition to its meaning in the Regulation, the EFTA States; and the European Commission shall communicate the information on such decision received from the EFTA Surveillance Authority to the EU Member States.

(5) This decision should therefore be notified to all EFTA States, and to the European Commission for communication to the EU Member States.

(6) The description of the derogation, as well as the conditions attached to it, should be such as to enable other Member States within the meaning of Regulation (EC) No 216/2008, as adapted, to apply that measure when they are in the same situation, without requiring further approval from the EFTA Surveillance Authority, or the Commission, as the case may be. Nevertheless, Member States within the meaning of Regulation (EC) No 216/2008, as adapted, should notify the application of derogations, as they may have effects outside that State.

(7) The measures provided for in this Decision are in accordance with the opinion of the EFTA Transport Committee,

HAS ADOPTED THIS DECISION:

Article 1

Norway may derogate from the requirements in point FCL.740.A of Annex I (Part-FCL) to Regulation (EU) No 1178/2011 as amended, as specified in the Annex to this Decision.

Article 2

All Member States within the meaning of Regulation (EC) No 216/2008, as adapted, shall be entitled to apply the same measures referred to in Article 1, as specified in the Annex to this Decision, and subject to the notification obligation set out in Article 14(6) of Regulation (EC) No 216/2008, as adapted.

Article 3

The Decision is addressed to Norway. It is authentic in the English language.

Article 4

This Decision shall be notified to Iceland, Liechtenstein, Norway and to the European Commission.

Done at Brussels, 15 July 2014. For the EFTA Surveillance Authority Helga JÓNSDÓTTIR College Member Xavier LEWIS Director