Proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EEC) n° 3922/91, on the harmonisation of technical requirements and administrative procedures in the field of civil aviation
Date: 1996-05-03
Institutions: European Commission
Subjects: Community certification, administrative procedure, civil aviation, harmonisation of standards, technical regulations

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels  OU)S  |<)96 
(X)M(9())  186  final 

96/0119 (SYN) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

amending  Council  Regulation  (EEC)  n'3922/91, 
on the hannonisation  of  technical  requirements  and 
administrative  procedures  in the field of  civil  aviation. 

(presented  by  the  Commission) 

Explanatory  Memorandum 

Introduction 

Pursuant  to  Article  4  of  Council  Regulation  3922/911  on  hannonisation  of  technical 
requirements  and  administrative  procedures  in  the  field  of  civil  aviation,the  Commission 
has  committed  itself  to propose,  where  appropriate,  further  measures  to harmonise  techni 
cal requirements  and procedures  in the field  of civil  aviation. 

It  was  agreed  at  the  same  time  that  the  basis  for  these  proposals  should  be  found  in  the 
cooperative  work  of  the  member  States  in  developing  "Joint  Aviation  Rules"  within  the 
framework  of  their  association  called  Joint  Aviation  Authorities  (JAA). 
The  present  Annex  II  of  Regulation  3922/91  covers  the  common  requirements  for  type 
certification  of  sailplanes  and  powered  sailplanes,  large  aeroplanes,  engines,  propellers, 
auxiliary  power  units  and  very  light  aeroplanes.  As  well  as  approval  of  maintenance 
organisations,  All  Weather  operations  and  certification  of  equipment  intended  to  be  fitted 
into an aeroplanes. 

The  JAA  has  now  elaborated  common  requirements  for  the  type  certification  of  small 
aircraft  (JAR  23)  in  the  category  normal,  utility,  aerobatic  and  commuter  aircraft  and 
small  and  large  rotorcraft  (JAR  27 and JAR 29).  These  fields  were  not  covered  in present 
Annex  II  of  Regulation  3922/91.  Including  these  harmonised  requirements  into  Annex  II 
of  regulation  3922/91  will  ensure  a  common  level  of  safety  for  the  operation  of  these 
aircraft  and  will  facilitate  the  free  movement  of  small  commercial  aircraft  and  of  small 
and  large  rotorcraft  and  free  access  within  the  Community  market  through  automatic 
recognition  of  type certificates  under  art.6 par  1 of  the Regulation. 
Our  manufacturing  Industry  has  cooperated  in  the  work  of  JAA  and  is  fully  supporting 
incorporation  of  the  JARs 23, 27 and 29 in  Community  law as  they  stand. 

OJ  L 3 73  of 

3 1 . 1 2 . 9 1 , P .4 

2 

Proposal  for a 

COUNCIL REGULATION  (EC) 

amending Council Regulation (EEC) n" 3922/91 on the hannonisation  of technical 
requirements  and administrative  procedures  in field of civil aviation. 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having regard  to the Treaty  establishing  the European Community  and in particular  Article 
84(2) thereof; 

Having  regard  to  the  proposal  of  the  Commission1  in  cooperation  with  the  European 
Parliament2, 

Having  regard  to the opinion of  the  Economic  and Social  Committee  3; 

Whereas common airworthiness  standards  for  large aircraft  are harmonised  in the European 
Community  under  Annex II of  Regulation  (EEC)  No 3922/914, 

Whereas  the  present  Annex  II  of  Regulation  (EEC)  No  3922/91  covers  the  common 
requirements  for  type  certification  ol  sailplanes  and  powered  sailplanes,  large  aeroplanes, 
approved  maintenance  organisations,  all  weather  operations,  engines,  propellers,  auxiliary 
power  units,  very  light  aeroplanes  as  well  as  technical  standards  for  the  approval  of 
equipment  and  apparatus  to be  fitted  on board  aeroplanes. 

Whereas  Council  Regulation  3922/91,  shall  be  completed  by  adoption  of  new  technical 
requirements  and  administrative  procedures  in the fields  covered  by this  Regulation 

4 

OJ  L 3 7 3 o f 3 1 . l 2 . 9 1 . p .4 

Whereas  the  JAA  have  elaborated  common  requirements  for  type  certification  of  small 
commercial  aircraft  (JAR 23) and  small  and  large  rotorcraft  (JAR 27 and JAR 29) 

Whereas  the  Member  States  ,  associated  in  the  JAA,  have  notified  the  Commission,  in 
conformity  with Article  10 of Regulation 3922/91, of:  the development and adoption of new 
technical  requirements  for  the issue of type certificates  and changes to those certificates  lor 
aeroplanes in the normal, utility and aerobatic category and for propeller driven twin-engined 
aeroplanes  in  the  commuter  category  (JAR  23),  the  development  and  adoption  of  new 
technical  requirements  for 
the  issue  of  airworthiness  type  certificates  and  changes  to 
airworthiness  type  certificates  for  small  rotorcraft  (JAR  27)  and  the  development  and 
adoption  of  new technical  requirements  for  the issue  of airworthiness  type certificates  and 
changes  to airworthiness  type certificates  for  large  rotorcraft  (JAR 29), 

HAS ADOPTED  THIS  REGULATION  : 

Sole  Article 

Point 2 of Annex II of  Regulation No: 3922/91 on hannonisation  of technical  requirements 
and  administrative  procedures  in the field  of civil  aviation  is extended  by the addition  of; 

JAR  23 Normal,  Utility,  Aerobatic  and  Commuter  Category  Aeroplanes 

JAR  27 Small  Rotorcraft 

JAR  29  Large  Rotorcraft 

This Regulation shall enter into force on the 20th day following  its publication  in the  Official 
Journal  of  the European  Communities 

This Regulation shall be binding  in its entirety and directly applicable  in all Member States. 

Done  in 

For  the Council 

H 

Assessment  form  for the impact  on competitivity  and employment. 

Proposal  for  a Council  Regulation  amending  Annex  II  of  Council  Regulation  3922/91  on 
harmonisation  of technical  requirements  and administrative  procedures  in the  field  of  civil 
aviation by including  airworthiness Requirements for small commercial aeroplanes and small 
and  large  rotorcraft. 

1.  What  is the main justification  for  this  measure? 

ensuring  a true  single  Market  for  aircraft  and aviation products 
while maintaining  a high level of  safety  in civil aviation  in Europe 

2.  Characteristics  of  the enterprises  concerned: 

Aircraft  Manufacturers,  Manufacturers  of aircraft  products and parts, Aircraft  operators 
and rotorcraft  operators. 

In particular 

are  a great  number  of SME's  concerned  ? 
Yes 
are there concentrations  in certain  regions  ?  No 
eligibility  for  regional  aids  in Member  Sates ?  No 
No 
eligible  for  ERDF  ? 

3.  What constraints  are  imposed  on the enterprises? 

None extra.  These  common  requirements  will  have a cost  advantage,  since  there  will 
be only one certification process,  instead of multiple national processes  which are more 
time-consuming  and more  costly. 

4.  What  constraints  are  likely  to  be  imposed  directly  on the  enterprises  by  way  if  local 

authorities  ? 

None. 

5.  Are  there  special  measures  of  SME's  ? 

NO 

6.  What  is the foreseeable  impact on : 

The competitivity  of the  enterprises? 
They will be diminishing their certification  cost and achieving more flexibility  for 
their  aircraft  fleet  and for  their products, 
employment ? 
No foreseeable  impact. 

7.  Have the Social  partners  been consulted  ? 
No,  it was not considered  necessary. 
Support  for  these proposals  from  Industry 
Yes,  strong  support. 

^ 

ISSN 0254-1475 

COM(96) 186 final 

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Catalogue number  : CB-CO-96-195-EN-C 

ISBN 92-78-03153-4 

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