PROPOSAL FOR A COUNCIL DIRECTIVE ON THE HARMONIZATION OF TECHNICAL REQUIREMENTS AND PROCEDURES APPLICABLE TO CIVIL AIRCRAFT
Date: 1990-09-27
Institutions: European Commission
Subjects: European Civil Aviation Conference, administrative procedure, civil aviation, harmonisation of standards, transport safety

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(90) 442 final 

Brussels, 27 September 1990 

Proposal  for a 
COUNCIL  PI RECTI YE 

on the harmonization of technical  requirements and procedures 

applicable  to civil  aircraft 

(presented by the Commission) 

-  2 -

EXPLANATORY  MEMORANDUM 

1. 

The  liberalisation process  for  aviation  seeks  to apply  the  principles 

of  the single  market  to air  transport,  the  first  set  of  measures  have 

already  been  adopted  and  the  second  set  are  In  the  process  of 

approval. 

, 

This  liberalisation  process  requires  a  number  of  accompanying 

measures  as  recognised  by  the  European  Parliament  which  emphasised, 

In  Its  Resolution  of  September  1987,  the  need  for  Inltatives  In 

avlat ion  safety. 

This  Directive  addresses  those  aspects  of  aviation  safety  which 

relate  to  the airworthiness, operational  approval  and  maintenance 

of  aircraft,  engines  and  other  aircraft  equipment,  and  has  been 

developed  In consultation  with,  and  assisted  by,  the  Joint  Aviation 

Authorities 

(JAA) 

and 

Industry 

(Association 

Européenne 

des 

Constructeurs  de  Matériel  Aérospatial,  AECMA,  and  the  Association  of 

European  Airlines, AEA). 

2. 

The  free  movement  of  aircraft  within  the  Community  Is  currently 

restricted,  mainly  due  to  the  differences  In  technical  standards  for 

aircraft  certification, operation  and  maintenance. 

This  results  In a  considerable  amount  of  technical  work  and,  in many 

cases,  costly  modification  when  an  aircraft  Is  transfered  between 

registers  of  the  Member  States.  The  differences  In  technical 

standards  may  also  result  in  variations  In  safety  levels  for  air 

transport  between  the Member  States. 

-  3 -

3. 

The  Commission  recognises  that  the  liberalisation  process  for  air 

transport,  to  prepare  the  Industry  for  the  internal  market,  must  be 

supplemented  by  Initiatives  in  aviation  safety  not  only  to  maintain 

and  Improve  current  safety  levels  but  also  to  enable  the  maximum 

benefit  to  be  achieved  from  the  Single  Act,  consistant  with  the 

minimum  cost  to the  Industry. 

4. 

The  Commission  has  been  considering  this  problem  for  some  time  and 

recognises  the  possibility  that,  unless  specific  actions  are  taken, 

the  increased  competition  could  result  in  a  downward  pressure  on 

safety  standards  towards  a  lower  level  within  the Community.  The 

objective  of  this  Directive  is  to  provide  the  framework  to  maintain 

the  high  general  level  of  safety  in  Europe  and  for  the  standards  in 

all  Member  States  to  achieve  the  highest  levels  currently  attained 

within  the  Community. 

5. 

Aviation  safety  Is currently  the  reponsibiIIty  of  the  civil  aviation 

authorities  of  the  Member  States.  A  large  number  of  these 

authorities,  including  all  the  major  european  countries  with  large 

aviation  interests  both  within  and  outside  the  Community,  have 

established  the  Joint  Aviation  Authorities  (JAA)  organisation  under 

the  auspices  of  the  European  Civil  Aviation  Conference  (ECAC)  to 

develop  a  unified  european  approach  to  aviation  safety  and  to 

minimise  the differences between  the  ECAC member  states. 

6. 

The  high  level  of  safety  of  air  transport  in  Europe  Is  achieved 

through  certification,  the  approval  of  operational  and  maintenance 

procedures,  and  the  Individuals  and/or  organisations  reponslbie  for 

carrying  out  the procedures. 

The  JAA  have  been  working  for  several  years  to  develop  European 

technical  codes  and  procedures.  (Joint  Aviation  Requirements -

JARs).  A  number  of  these  codes  are  currently  complete,  and  have  been 

Issued,  dealing  mainly  with  the  certification  of  aircraft,  engines 

and other  aviation  products. 

-  4 -

However,  a comprehensive  set  of  codes,  to cover  the whole  range,  has 

yet  to be  developed  to cover  operation,  maintenance  and  the  approval 

of  Individuals  and  organisations.  Whilst  work  is  continuing  to 

develop  these  codes  It  will  be  some  time  before  the  process  is 

finished. 

7. 

The  adoption  of  a  single  set  of  codes  however,  is  not,  in  Itself, 

sufficient  to  ensure  a  harmonisation  of  safety  standards,  due  to 

differences  In  Interpretation of  the requirements, and  differences  In 

the  technical  resources  of  the  Individual  national  civil  aviation 

authorities. 

This  harmonisation  Is  best  achieved,  at  this  stage,  through  the 

creation of  technical  teams by  the JAA,  drawn  from  the authorities  to 

carry  out  all  the  technical  work  on  behalf  of  all  the Member  States. 

This will  permit  a more efficient  use of  the  limited  resources of  the 

authorities  of  the Member  States, and enable  the  smaller  authorities 

to  be  sure  that  an  adequate  technical  assessment  has  been  carried 

out, whilst  at  the same  time minimising  the burden on  the  Industry. 

Such  an  approach  should  ultimately  lead  to  the  framework  of  a  single 

European  Aviation  Authority  thus  ensuring  total  harmonisation  of 

safety  standards  and  consistency  of  their  implementation.  Whilst 

considering  that  such  a  result  Is  highly  desirable  and  is  to  be 

welcomed,  It  is not  at  this stage, an objective of  the  Commission. 

However,  it  Is considered  that  appropriate  studies  on  the  structure 

of  such an organisation should  be  initiated. 

-  5 -

8. 

The  current  effectiveness  of  the  JAA  could  be  limited  by  the  fact 

that  it  Is  a  purely  volountary  arrangement,  lacking  a  legal 

framework, and  that  not  all  EC States  are currently  members. 

This  Directive  is  aimed  at  strengthening  the  JAA  by  making  this 

voluntary  arrangement  binding  by  Incorporating  it  Into  community 

legislation.  This  will  require  the  Member  States  to  adopt  common 

codes  of  technical  requirements  and  to  adhere  to  the  administrative 

requirements and procedures of  the  JAA. 

The  comprehensive  set  of  codes  of  technical  requirements  above,  is 

being  developed  and  as  the  Individual  codes  are  completed  they  will 

be added  to  the directive  through  the use of  a  committee. 

9. 

Many Member  States, either  through  national  research  organisations or 

through  their  civil  aviation  authorities,  carry  out  research  work 

aimed  at  improving  civil  aviation  safety.  This  work  is  rarely  co 

ordinated  and  consequently  Is not  as effective as  It could  be. 

All  research  work  should  be  co-ordinated  through  the  JAA  to  ensure 

maximum  benefit  from  the relatively  limited  funds available. 

10. 

The  progressive  development  of  a  complete  set  of  codes,  and  the 

continuous  amendment  of  existing  codes  In  the  light  of  service 

experience and  technical  progress, will  require  a relatively 

frequent  modification  of  Annex  2  of  the  Directive.  To  avoid  an 

unacceptable  burden  being  put  on  the  Council  by  the  submission  of 

revised  directives  several  times  a  year,  It  is  proposed  that  the 

Commission  Is empowered  to adopt  these  amendments  with  the 

assistance  of  a  committee,  which  will  make  recommendations  to  the 

Commission.  This  Committee  must  be  capable  of  understanding  the 

technical  reasoning  behind  the proposals  and  consequently  It  Is 

anticipated  that  Member  States  will  normally  nominate  Committee 

Members  from  their  national  aviation  administration. 

-  6  -

COMMENTS  ON  THE VARIOUS  ARTICLES 

Article 1 

This Article  sets  the  scope of  the  Directive. 

Article  2 

This Article  lays down  the necessary  definitions, 

Article 3 

This Article  lays  down  the  common  technical  requirements  and  procedures  to 

be  adopted  as  sole  national  codes  for  the  certification  of  the  design, 

manufacture  and  maintenance  of  aviation  products,  operation  of  aircraft, 

and  of  the  organisations,  persons  and  services  Involved  In  these  tasks. 

These  codes  will  be  adopted  into  community  legislation  through  the 

procedures  specified  in  Article  10,  and  are  indicated  In  Annex  2.  It 

recognizes  that,  until  specific  JAR  codes  are  completed. Member  States  may 

continue  to use  the  equivalent  national  code  until  the  JAR  code  Is  adopted 

into community  legislation. 

- 7 -

Article 4 

This  Article  requires  the  Member  States  to  ensure  their  civil  aviation 

authorities  adhere  to the arrangements  document. 

The arrangements  require  the authorities  to commit  themselves  to  co-operate 

In all  aspects  related  to the safety  of  aircraft,  in particular  Its design, 

manufacture,  continued  airworthiness,  maintenance  and  operation  to  ensure 

that  a  high  consistent  level  of  safety  Is  achieved  throughout  the  Member 

States,  to  avoid  duplication  of  work  between  the  authorities  and  to 

facilitate  exchange  of  products,  services  and  persons  not  only  between  the 

parties  but  also  between  the  parties  and 

others.  This  is achieved  by  the 

Member  States  Joining  the  JAA  to  develop,  adopt  and  implement  Joint 

Aviation  Requirements  (JARs). 

This Article also  requires  the Member  States  to  take  the necessary  measures 

to enable  the Community  to participate  in the  JAA  organisations. 

Article 5 

This  Article  establishes  the  mutual  acceptance  of  aviation  products  that 

have  been  designed,  manufactured,  operated  and  maintained  in  accordance 

with  the  requirements of  this Directive.  It  Introduces a mechanism  by  which 

products  that  have  not  been  certificated  to  the  common  requirements  and 

procedures  can  achieve  mutual  recognition.  This  mechanism  is  a  technical 

assessment,  carried  out  by  the  JAA,  to  determine  that  the  level  of  safety 

of  the  product  is  broadly  equivalent  to  that  required  by  the  common 

requirements  and  procedures. 

- 8 -

Article  6 

This  Article  establishes  the  mutual  acceptance  of  the  certification  of 

organisations  and  persons,  Involved  In  the  design,  manufacture  and 

maintenance  of  products  and  operation  of  aircraft,  In  accordance  with  the 

common  requirements and  procedures of  this Directive. 

Article  7 

This Article  recognizes  that  Member  States may  need  to react  Immediately  to 

a safety  problem.  In this situation  the Member  States  involved  shall  inform 

the  Commission  immediately  of  the  problem,  the  actions  taken  and  the 

reasons  for  its  decision,  and  identifying.  If  possible,  whether  the 

problem  Is non-compliance  with  the  requirements, an  Inadequate  requirement, 

or  gap  in the  requirements. 

The  Commission  shall  consult  with  the  Member  States  and  the  JAA  to 

determine whether  the actions  taken  are  Justified  and  if there  Is a need  to 

revise  the  common  requirements  and  procedures.  In  this  case  the  Commission 

will  ask  the  JAA  to propose  a new code, or  changes  to an existing  one. 

Article 8 

This  Article  calls  for  the  co-ordination,  through  the  JAA,  of  civil 

aviation  safety  research  within  the Member  States  to  improve  the  efficient 

use  of  resources  and  enable  maximum  benefit  of  such  work  to  be  realised. 

The  Commission  shall  be  Informed  of  the  measures  taken  to  achieve  co 

ordination  and  may  take  any  necessary  initiatives  to  Improve  such  co-

ordlnatIon. 

Article 9 

This Article  provides  the  mechanism  by  which  the  Commission  Is notified  of 

changes:  either  to  the  common  requirements  and  procedures  specified  in 

Annex  2,  In  the  form  of  a  new  JAR  code  or  as  a  change  to  an  existing  one; 

or modifications  to  the  arrangements  specified  In Annex  1. 

Article  10 

The Commission  will  adopt  the changes  notified  in accordance  with  Article  9 

into Community  legislation  through  the use of  a  committee. 

Where  a  new  code,  or  change  to  an  existing  code,  incorporates  a  national 

variant  the  Commission  shall  decide,  following  advice  from  the  committee 

whether  this  national  variant  should  be  made  applicable  for  all  Member 

States, or  not  included  In the common  requirements  and  procedures. 

Article  11 

This Article  lays down  to  the composition  and  procedures  for  the  committee. 

Article  12 

Procedural  Article 

Article  13 

Procedural  Article 

-  10 -

Proposal  for  a 

COUNCIL  Pi RECTIYE 

on  the  harmonization of  technical  requirements  and  procedures 

applicable  to civil  aircraft 

THE COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic  Community, 

and  in particular  Article  84(2)  thereof. 

Having  regard  to  the  proposal  from  the  Commission, 

Having  regard  to  the opinion  of  the  European  Parliament, 

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

Whereas  It  Is  important  to  adopt  measures  with  the  aim  of  progressively 

establishing  the  Internal  market  over  a  period  expiring  on  31  December 

1992  as  provided  for  In  Article  8(a)  of  the  Treaty-,  whereas  the  Internal 

market  shall  comprise  an  area  without  Internal  frontiers  in which  the  free 

movement  of  goods, persons,  services  and  capital  is  ensured; 

Whereas  the  current  restrictions  on  the  transfer  of  aircraft  and  aviation 

products  between  Member  States  would  cause  distortions  to  the  Internal 

market; whereas  such  restrictions  are  due  to different  safety  provisions  In 

the Member  States-, 

Whereas  safety  is  a  basic  provision  of  Community  air  transport;  whereas 

according  to  the  Convention  on  International  Civil  Aviation  signed  in 

Chicago  on  7  December  1944, Member  States  have  the  responsibility  to 

implement  requirements  for  the safe operation  of  civil  aircraft; 

Whereas  several  European  civil  aviation  authorities  have  established  the 

Joint  Aviation  Authorities  organisation  (hereinafter  called  the  JAA), as  an 

-  11  -

associated  body  of  the  European  Civil  Aviation  Conference,  to  develop 

arrangements  to  co-operate  on  the  development  and  implementation  of  Joint 

Aviation  Requirements  (JARs)  in  all  the  fields  related  to  safety  of 

aircraft  and  their  operation; 

Whereas  It  Is appropriate  to harmonise  safety  levels by establishing  common 

requirements  and procedures on  the basis of  JAA  codes; 

Whereas,  to  facilitate  harmonisation,  all  Member  States  should  become 

members  of  the  JAA  and  the  Commission  should  participate  in  the  JAA 

organisations; 

Whereas  Member  States  should  accept  the  certification  of  products,  and 

organisations  or  persons  concerned  with 

the  design,  manufacture, 

maintenance  and  operation  of  products,  without  further  technical  work  or 

evaluation, when  the  product, organisation  or  person  has  been  certificated 

In accordance with  the common  requirements and procedures-, 

Whereas  emergency  problems  in  aviation  might  arise:  whereas  in  such  cases 

the Member  State  must  take  all  appropriate  measures: whereas  a  reason  must 

be  given  for  the  measures  and,  where  the  reason  is  a  shortcoming  In  the 

common  requirements  and  procedures,  the  Commission  should  request  the  JAA 

to propose  such  amendments; 

Whereas  It  is appropriate  that  funding  by  the Member  states of  research  to 

Improve  aviation  safety  be  co-ordinated  to  ensure  efficient  use  of 

resources  and  to enable  the maximum  benefit  to be  achieved; 

Whereas  it  Is  appropriate  to  delegate  the  power  to  the  Commission  to 

introduce  new common  requirements  and  procedures, or  amendments  to existing 

ones,  as  developed  by  the  JAA,  assisted  by  a committee  composed  of  experts 

nominated  by  the  Member  States,  In  accordance  with  procedure  I of 
Council  Decision  87/373/EEC<1>, 

HAS ADOPTED  THIS  DIRECTIVE: 

(1) OJ  No L 197, 18.7.1987, p. 33. 

-  12 -

Article 1 

This  Directive  shall  apply  to  the  harmonisation  of  technical,  operational 

and  administrative  requirements  and  procedures  In  the  field  of  safety  of 

civil  aviation  with  respect  to: 

the  design,  manufacture,  operation  and  maintenance  of  aircraft 

registered  In the Member  States of  the  Community. 

persons  and organisations  Involved  in these  tasks. 

the  mutual  acceptance  within  the  Commmunlty  of  certification 

granted  by  any  Member  State  of  the  Community  on  the  basis  of 

these  requirements  and  procedures. 

Article  2 

For  the purpose  of  this Directive  : 

1. 

"certification"  means  the  legal  recognition  that  a product,  service, 

organisation  or  person  complies  with  the  applicable  requirements. 

Such  certification comprises  the activity of  technically  checking  the 

product,  service, organization or  person;  and  the  formal  recognition 

of  compliance  with  the  applicable  requirements  by  Issue  of  a 

certificate,  licence,  approval  or  other  document  as  required  by 

national  laws and  procedures. 

In particular,  certification of  a product  Involves  : 

(a) 

the process of  assessing  the design  of  a product  to ensure  that 

It  complies  with  a set  of  standards  applicable  to  that  type  of 

product  so as  to demonstrate  an acceptable  level  of  safety; 

-  13  -

(b) 

the  process  of  assessing  an  individual  product  to  ensure 

that  It conforms  with  the  certificated  type  design; 

(c) 

the  issue  of  any  certificate  required  by  national  laws  to 

declare  that  compliance  or  conformity  has  been  found  with 

applicable  standards  In  accordance  with  paragraph  (a)  or  (b) 

above. 

2. 

"arrangements" means  arrangements  developed  under  the  auspices  of  the 

European  Civil  Aviation  Conference,  to  co-operate  In  the  development 

and  Implementation of  Joint  requirements  In all  the  fields  related  to 

safety  of  aircraft  and  the  safe  operation  of  aircraft.  These 

arrangements  are  specified  In Annex  1. 

3. 

"product"  means  any  civil  aircraft,  or  aircraft  engine,  propeller, 

appliance,  material,  part  or  component  to  be  installed  thereon,  new 

or  used. 

4. 

"maintenance"  means  the  ongoing  process  of  Inspections,  servicing, 

modification  and  repair  throughout  the  lifetime of  an  aircraft  needed 

to  ensure  that  the  aircraft  remains  in  compliance  with  the 

certificated  type  design  and  consistent  with  a  high  standard  of 

safety;  this  shall  include  modifications  made  mandatory  by  the 

authorities  party  to  the  arrangements  in  accordance  with  continuing 

a Irwor t h Iness poI Icy. 

5. 

"national  variant" means  a national  requirement  or  regulation  Imposed 

by  a given  country  additional  to, or  instead  of,  a  JAR  provision.  The 

national  variants  are  Indicated  in the  relevant  JAR  code. 

6. 

"JAR"  means  "Joint  Aviation  Requirements",  that  is  requirements 

developed  and maintained  by  the  JAA  Including  procedural  requirements 

In accordance  with  the  arrangements. 

-  14 -

Article  3 

1. 

Member  States  shall  adopt  as  their  sole national  codes, and  apply  not 

later  than  1  January  1993,  the  codes  relating  to  the  common 

requirements  and  procedures  specified  In Annex  2  and  adopted  by  the 

Commission  under  Article  10. 

2. 

Where  by  1  January  1993,  and  as  long  as,  a  specific  code  Is  not 

adopted,  Member  States  may  use  the  relevant  part  of  their  existing 

national  codes. 

Article  4 

1. 

Member  States  shall  ensure  that  their  civil  aviation  authorities 

meet  the conditions  for membership  of  the  JAA  specified  in, and  shall 

sign,  the arrangements  not  later  than  1 January  1992. 

2. 

Member  States  shall  take  the necessary  steps  to enable  the  Commission 

to  participate  In  the  JAA  organisations  mentioned  in point  4  of  the 

arrangements. 

Article  5 

1. 

Member  States  shall  accept  products  designed,  manufactured,  operated 

and  maintained  In  compliance  with  the  common  requirements  and 

procedures,  without  further  technical  requirements  or  evaluation, 

when  the  products  have  been  certificated  or  approved  by  another 

Member  State.  When  the  original  acceptance  is  for  a  particular 

purpose, or  purposes,  the subsequent  acceptances  shall  cover  the  same 

purpose(s). 

-  15 -

2. 

Member  States  shall  accept  products  that  have  not  been  certificated 

in compliance  with  the  common  requirements  and  procedures  subject  to 

a  technical  assessment,  by  the  JAA,  to  determine  that  the  product's 

level  of  safety  is broadly  equivalent  to  that  required  by  the  common 

requirements  and  procedures. 

Article  6 

Member  States  shall  accept  the  certification,  granted  by  another  Member 

State  In  accordance  with  the  common  requirements  and  procedures,  of 

organisations  or  persons  concerned  with  the  design,  manufacture,  and 

maintenance  of  products,  and  operation  of  aircraft,  without  further 

technical  requirements  or  evaluation. 

Article  7 

1. 

Where 

a  Member 

State  ascertains 

that 

a  product 

designed, 

manufactured,  operated  and  maintained  in  accordance  with  this 

Directive  Is  likely  to  Jeopardize  aviation  safety,  it  shall  take  all 

the  appropriate  measures.  The  Member  State  shall 

Inform  the 

Commission  Immediately  of  these measures  and  Indicate  the  reasons  for 

its  decision,  stating  in  particular  whether  the  safety  problem 

results  from  : 

non-compliance  of  the  product  with  the  common  requirements  and 

procedures, 

an  inadequate  safety  level  of  the  common  requirements  and 

procedures, 

a  lacuna  In  the  common  requirements  and  procedures  with  regard 

to the definition of  the product  or  procedure. 

-  16 -

2. 

The  Commission  shall  enter  into  consultation  with  the  Member  States 

and  the JAA  as soon as possible. Where, after  such  consultation  the 

Commission  finds  that  the  measure  refered  to  In  paragraph  1  Is 

Justified,  it shall  forthwith  so  inform  the Member  States. Where  the 

measure  Is attributed  to shortcomings  in the  common  requirements  and 

procedures, the Commission  shall  ask  the JAA  to develop  a new code or 

amendments  to an existing  code. 

Article 8 

The  Member  States  shall  take  the  necessary  steps  to  co-ordinate,  through 

the  JAA,  their  programmes  of  research  for  Improvement  In  safety  of  civil 

aircraft  and  their  operation  and  to  inform  the  Commission  thereof.  The 

Commission  may  take,  In  consultation  with  the  Member  States,  any  useful 

initiative  to  promote  such  coordination  of  policies  and  programmes  of 

research  carried out  at  national  level. 

Article  9 

Member  States  shall  ensure  that  the  Commission  Is  notified  of  :  new  or 

amended  requirements  and  procedures  when  they  are  completed  and  agreed  In 

accordance  with  the  arrangement's  procedures;  and  modification  to  the 

arrangements.  They  shall  also  inform  the  Commission  of  the  extent  and 

results  of  the  consultation  by  the  JAA  with  Industry  and  other  interested 

bodies. 

-  17 -

Article  1Q 

1. 

The  Commission  Is  hereby  empowered  In  accordance  with  the  procedure 

set out  In Article  11 : 

to make  the necessary  changes  to the Annexes; 

to  adopt  the  codes  relating  to  the  common  requirements  and 

procedures  specified  in Annex  2, and  amendments  to  those codes. 

2. 

If a new code, or  amendment  to an existing  code, developed  by  the  JAA 

contains  a national  variant  for  a Member  State,  the  Commission  shall 

decide,  In  accordance  with  the  procedure  set  out  In  Article  11,  to 

make  the  variant  applicable  for  all  Member  States, or  not  to  Include 

It  In the common  requirements  and  procedures. 

Article 11 

1. 

The Commission  shall  be assisted  by  a committee  of  an  advisory  nature 

composed  of  the  representatives  of  the  Member  States  and  chaired  by 

the  representative of  the  Commission. 

2. 

The  representative of  the Commission  shall  submit  to  the  Committee  a 

draft  of  the  measures  to  be  taken.  The  Committee  shall  deliver  its 

opinion  on  the  draft,  within  a  time  limit  which  the  Chairman  may  lay 

down according  to the urgency  of  the matter,  If necessary  by  taking a 

vote. 

- 18 -

3. 

The  opinion  shall  be  recorded  In  the  minutes;  in  addition,  each 

Member  State  shall  have  the  right  to  ask  to  have  its  position 

recorded  In the minutes. 

4. 

The Commission  shall  take  the utmost  account  of  the opinion  delivered 

by  the  Committee.  It  shall  inform  the  committee  of  the  manner  In 

which  its opinion  has been  taken  Into  account. 

Article  12 

1. 

Member  States  shall, after  consultation  with  the  Commission, 

take  the  necessary  steps  to  bring  into  force  the  laws,  regulations 

and  administrative  provisions  necessary  to comply  with  this  Directive 

not  later  than  31  December  1991.  They  shall  Immediately  Inform  the 

Commission  thereof. 

These  provisions  shall  make  express  reference  to this  Directive. 

2. 

Member  States  shall  comunicate  to  the  Commission  all  subsequent  laws 

and  administrative  provisions  adopted  In  the  field  governed  by  this 

Directive. 

A r t i c le  13 

This Directive  Is addressed  to the Member  States. 

Done  at Brussels, 

For  the Council 

The  President 

-  19 -

ANNEX 1 

ARRANGEMENTS  REFERRED TO  IN ARTICLE  2 PARAGRAPH  2 

"Arrangements  Concerning  the  Development,  the  Acceptance  and  the 

Implementation  of  Joint  Aviation  Requirements"  signed  on  6  December 

1989  in Paris. 

-  20 -

ANNEX  2 

Common Requirements and Procedures  referred 

to  in Article 3 

Subject 

Adopted  by decision of 

the Commission on : 

1. 

General  and  procedures 

JAR  1 

Definitions 

JAR  11 

General  rule-making  procedures 

2. 

Type Certification of Products and  Parts 

a) List of Codes 

JAR  22 

Sailplanes and Powered  Sailplanes 

JAR  25 

Large Aeroplanes 

JAR AWO  All  Weather  Operations 

JARE 

Engines 

JAR P 

Propellers 

JAR APU  Auxiliary Power  Units 

JAR TSO  Technical  Standards Orders 

Author isat ions 

JAR VLA  Very Light  Aeroplanes 

-  21  -

ANNEX  2 

Page  2 

JAR  23 

Small  Aeroplanes 

JAR  23 

Commuter  Aeroplanes 

JAR  27 

Normal  Category  Rotorcraft 

JAR  29 

Transport  Category  Rotorcraft 

JAR  36 

Noise  Standards  : aircraft  type 

and  individual  certification 

JAR  39 

Airworthiness Directives  and 

Retroactive  requirements 

b) Applicability 

JAR  21 

Certification procedures  for 

products  and  parts 

The  JAR  21  code  defines  the  code  applicable  to  new  products,  new 

derivatives,  existing  products  certificated  to  JAA  standards  and 

procedures,  changes  to a product  etc. 

The  JAR  21  code  states  that  the  applicable  Issue  of  the  code  is 

defined 

taking 

into  account 

the 

date 

of 

application 

for 

certification.  In  accordance  with  the  bilateral  agreements  of  the 

Member  States,  the  date  of  application  for  Imported  products  is  the 

date of  application  to  the primary  authority. 

The  JAR  21  code  also  makes  provisions  for  equivalent  safety 

demonstrations  or  for  additional 

requirements  called 

Special 

Conditions  which  may  be  required,  though  not  included  In  the 

airworthiness codes,  for  the  certification of  a specific  product. 

-  22  -

ANNEX  2 

Page  3 

3. 

Maintenance 

(a) 

General 

The  maintenance  of  aircraft  Is  a  responsibility  of  the 

operator.  Therefore  the relevant  requirements  are specified  In 

the  appropriate  JAR-OPS  maintenance  chapter  (see paragraph  4 

below).  This  chapter  also  covers  the  acceptance  of  the 

operators'  maintenance  arrangements.  Such  acceptance  may be 

based 

on 

certificated 

maintenance 

organisations  and 

certificated  maintenance  personnel. 

(b) 

List of codes 

JAR-OPS 

Maintenance  chapter  : see paragraph  4 below 

JAR  145 

Certification of maintenance  organisations 

JAR 65 Sub-Part  E  Certification of maintenance  personnel 

(c) 

Applicability 

The  maintenance  requirements  apply  to operators,  organisations 

and  persons  and  therefore  cover  all  aircraft,  parts  and 

components  regardless  of  whether  these  aircraft,  parts  or 

components  have been certificated  to a common  code. 

-  23  -

ANNEX  2 

Page  4 

4.  Operations 

JAR-OPS  Part  1  Commercial  Air  Transportation 

(Aeroplanes) 

JAR-OPS  Part  2  General  Aviation  (all  aircraft 

except  helicopters) 

- Aerial  Work 

- Corporate  Operations 

-  Private 

JAR-OPS  Part  3  Helicopters 

- Commercial  Air Transportation 

- Aerial  Work 

- Corporate  Operations 

-  Private 

5. Certification of Persons 

JAR 61 

Certification of Pilots and flight  Instructors 

JAR 63  Certification of Flight  crew members  other  than  pilots 

JAR 65  Certification of Aircrew  other  than  flight 

crew  members. 

JAR 67  Medical  standards and certification. 

-  24 -

ANNEX  2 

Page  5 

6. Certification of  Organisations 

JAR  141  Pilot  schools 

JAR  143  Ground  Instructors 

JAR  145  Maintenance  organisations 

JAR  147  Maintenance  personnel  training  schools 

-  25  -

C O M P E T I T I V E N E SS  AND  E M P L O Y M E NT  I M P A CT  S T A T E M E NT 

I.  W h at  is  the  m a in  r e a s on  for  i n t r o d u c i ng  the  m e a s u r e? 

T h is  p r o p o s al  c o n c e r ns  the  h a r m o n i s a t i on  of  t e c h n i c al 
r e q u i r e m e n ts  and  p r o c e d u r es  and  t h e ir  a p p l i c a t i on  to  civil 
a i r c r a f t. 

This  h a r m o n i s a t i on  will  be  b a s ed  on  the  a d o p t i on  of 
e u r o p e an  J o i nt  A v i a t i on  R e q u i r e m e n ts  ( J A R s)  and  t h e ir 
a p p l i c a t i on  t h r o u gh  the  J o i nt  A v i a t i on  A u t h o r i t i es  ( J A A) 
o r g a n i s a t i o n. 

11.  F e a t u r es  of  the  b u s i n e ss  in  q u e s t i on 

All  e n t e r p r i s es  w h i ch  m a n u f a c t u re  a i r c r a ft  and  a v i a t i on 
p r o d u c t s,  and  a i r c r a ft  o p e r a t o r s. 

III.  W h at  o b l i g a t i o ns  d o es  t h is  m e a s u re  i m p o se  d i r e c t ly  on 

b u s i n e s s e s? 

A i r c r a ft  and  a v i a t i on  p r o d u c ts  shall  be  m a n u f a c t u r e d, 
o p e r a t ed  and  m a i n t a i n ed  in  a c c o r d a n ce  w i th  the  p r o v i s i o ns 
of  this  p r o p o s a l. 

IV.  What  i n d i r e ct  o b l i g a t i o ns  are  n a t i o n a l,  r e g i o n al  or  local 

a u t h o r i t i es  l i k e ly  to  i m p o se  on  b u s i n e s s? 

I m p l e m e n t a t i on  of  the  o b l i g a t i o ns  as  d e s c r i b ed  u n d er  I I I. 

Y.  Are  t h e re  any  special  p r o v i s i o ns  in  r e s p e ct  of  S M E ' s? 

N o n e. 

V I.  W h at  is  the  l i k e ly  e f f e ct  on: 

a )  T_he  £ompe.tj_tj_ve.ne.s 1  £ ^ _b£sin£s± 

The  i n t e r n al  c o m p e t i t i v e n e ss  of  e n t e r p r i s es 
m a n u f a c t u r i ng  or  o p e r a t i ng  a i r c r a ft  and  a v i a t i on 
p r o d u c ts  will  be  e q u a l i s ed  by  a p p l y i ng  h a r m o n i s ed 
t e c h n i c al  r e q u i r e m e n ts  and  p r o c e d u r e s. 

Emp_l o y m e £t 

No  e f f e c t. 

- 26 -

YII.  Have  the  relevant  r e p r e s e n t a t i ve  organisations  been 

consul ted? 

The  representative  o r g a n i s a t i o ns  of  aircraft 
manufacturers  and  operators  have  been  consulted.  Their 
opinions  are  as  follows: 

Aircraft  manufacturers  strongly  support  the  proposals  but 
believe  the  Commission  should  be  requiring  the 
establishment  of  a  single  european  aviation 
administration  as  soon  as  p o s s i b l e. 

The  aircraft  operators  also  support  the  proposals  but  are 
concerned  about  the  possible  introduction  of  a  further 
layer  of  bureaucracy  in  an,  already,  highly  regulated 
industry. 

ISSN 0254-1475 

COM(90) 442 final 

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