Amended proposal for a Council Directive establishing a safety assessment of third countries aircraft using Community airports
Date: 1998-03-04
Institutions: European Commission
Subjects: air safety, aircraft, exchange of information, international standard, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 04.03.1998 

COM(1998) 123  final 

97/0039 (SYN) 

Amended proposal for a 

COUNCIL DIRECTIVE 

establishing a safety assessment of third countries aircraft 

using Community airports 

(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

On  17  February  1997  the  Commission  adopted  a  proposal  for  a  Council  Directive  establishing  a 
safety  assessment of third countries aircraft  using Community airports. 

On  19 November the European Parliament approved the proposal subject  to certain amendments. 

The  Commission  can  accept  amendments  1,  3  -  12,  14 and  15 since  they  are  consistent  with  the 
purpose  of  the  proposed  Directive,  namely  to  contribute  to  the  improvement  of  air  safety  by 
inspecting  third  countries  aircraft  whenever  there  is  a  suspicion  that  they  are  not  operating  in 
accordance with  international  safety  standards,  by collecting  and  disseminating  information  relating 
to  shortcomings,  so  that  sufficient  evidence  can  be  established  to  decide  on  measures  required  to 
ensure  the  safety  of  passengers,  and  by  providing  for  measures  to  rectify  identified  shortcomings. 
Parliament's  amendments  are  essentially  intended  to  specify  a  number  of  details  in  the  proposed 
provisions  and  the  categories  of  aircraft  which  should  be  subject  to  ramp  inspections,  to  publish 
information  on the results of these inspections and to provide for the drawing-up by the Commission 
of a report  on the operation of the Directive, possibly accompanied by proposals for revising it. 

On the other hand,  the Commission  cannot  accept  amendment  13 calling for  the  deletion  of Article 
12 of  the  Commission's  proposal,  since  it  takes  the  view  that  this  article,  which  provides  for  the 
imposition by the Member States of penalties for breaches of national provisions adopted pursuant to 
the Directive, is needed in order  to  ensure effective  compliance with Community  legislation,  e.  g.  , 
any refusal by a third country aircraft  operator to be subjected to an inspection.. 

Amended proposal for a 

COUNCIL  DIRECTIVE 

establishing a safety assessment of third countries  aircraft 

using Community airports 

3 

Original text of the proposal (') 

Amended proposal 

Recital 

the  Resolution  adopted  by 

Whereas 
the 
European Parliament on  15 February  1996 and 
the  Council  Conclusion  of  11  March  1996 
both  point  to  the  need  for  the  Community  to 
take  a  more  active  stance  and  develop  a 
strategy  to  improve  the  safety  of  its  citizens 
travelling by air or living near airports; 

Whereas  the  Resolutions  adopted  by  the 
European Parliament on  15 February  1996 and 
17 July  1997* and  the  Council  Conclusion  of 
11 March  1996 both point  to the need  for  the 
Community  to  take  a  more  active  stance  and 
develop a strategy to improve the safety  of its 
citizens travelling by air or living near airports; 

OJC 

Article 1 

that 

collecting 

they  are  not  operated 

The purpose  of this Directive  is to  contribute 
to  the  improvement  of  air  safety  by  checking 
third  countries  aircraft  whenever  there  is 
suspicion 
in 
accordance with international  safety  standards, 
by 
the 
information  related  to  shortcomings  so  that 
sufficient  evidence can be established to decide 
on  measures  required  to  ensure  the  safety  ol 
the  travelling  public;  and  by  providing  for 
measures  concerning 
rectification  oi 
identified  shortcomings. 

disseminating 

and 

the 

The purpose  of this Directive  is to  contribute 
to the improvement  of air  safety  by inspecting 
third  countries • aircraft,  their  operations  and 
their  crew  whenever  there  is  suspicion  that 
they  are  not  operated  in  accordance  with 
international  safety  standards,  by  collecting 
and  disseminating  the  information  related  to 
shortcomings so that sufficient  evidence can be 
established  to  decide  on measures  required  to 
ensure  the  safety  of  travellers  and  all  those 
affected  on the ground (especially the residents 
of  areas  near  airports):  and  by  providing  for 
rectification  ol 
measures  concerning 
identified  shortcomings. 

the 

O.J.  C124of2i.04.1997page39 

9 

Article  3, definitions  4,  5 and  6 

safety  standards'  means 

International 
the 
safety  standards  contained  in  the  Annexes  to 
the  Convention  on  International  Civil  Aviation 
signed  in  Chicago  on  7  December  1944  as  in 
force  at the date of adoption  of this Directive: 

safety  standards'  means 

International 
the 
safety  standards  contained  in  the  Annexes  tc 
the Convention  on  International  Civil  Aviation 
signed  in  Chicago  on  7  December  1944  as  in 
force  at the time of the  inspection: 

'Ramp  inspection'  means  the  examination  on 
board  and  around  an aircraft  to check  both  the 
validity  of the  aircraft  documents  and  those of 
its  crew  and  the  apparent  condition  of  the 
aircraft  and its equipment; 

'Ramp  inspection'  means  the  examination  on 
board  and  around  an aircraft  to  check  both  the 
validity  of the aircraft  documents  and those of 
its  crew  and  the  apparent  condition  of  the 
aircraft  and its equipment, 

'Third  countries  aircraft'  means  an  aircraft 
operated  by  an  air  carrier  of  which  the  Air 
Operator  Certificate  is  delivered  by  a  State 
which 
the 
Community. 

is  not  a  Member  State  of 

'Third  countries  aircraft'  means  an  aircraft 
operated  by  an  air  carrier  of  which  the  Air 
Operator  Certificate  is  delivered  by  a  State 
which 
the 
Community  or an aircraft  which is not used or 
operated  under  the  control  of  a  competent 
authority of a Member State. 

is  not  a  Member  State  of 

Article 4( 1 ),  introduction and first indent 

1.  Competent  Authorities  of  the  Member 
States  shall  collect  any  information  deemed 
useful  for the fulfilment  of the objective  stated 
in Article  1 of this directive, including: 

1.  The competent  authorities of the Member 
States  shall  collect  any  information  deemed 
useful  for the fulfilment  of the  objective  stated 
in Article  1 of this directive, including: 

important  safety  information  accessible, 
especially, through 

important  safety  information  accessible, 
especially, through 

-  passenger complaints, 

-  pilots reports, 
-  maintenance organisation reports, 
-  incidents reports; 

-  complaints by passengers,  airport users 
and residents of areas near airports. 

-  pilots reports, 
-  maintenance organisation reports, 
-  incidents reports, 
-  relevant 

from 

reports 

other 
organizations,  independent  from  the 
competent  authorities  of  the  Member 
States; 

s 

Article 5 

The competent  authority of each Member 
I 
State  shall  ensure  that  third  countries  aircraft 
suspected 
with 
international  safety  standards  landing  at any of 
its  airports  is  subject  to  ramp  inspections  as 
follows: 

non-compliance 

of 

The competent  authority of each Member 
I 
State  shall  ensure  that  third  countries  aircraft 
suspected 
with 
international  safety  standards landing at any of 
its airports is subject to ramp inspections^ 

non-compliance 

of 

(a)  all aircraft: 

la.  In  particular,  the  competent  authorities 
shall carry out ramp inspections on all aircraft 

showing  signs  of  poor  maintenance 
condition  or  with  obvious  damage  or 
defect, 

showing  signs  or  where  information  has 
been  received  of  poor  maintenance 
condition or obvious damage or defect; 

which  have  been  reported  to  perform 
abnormal  manoeuvres  since  entering 
the airspace of a Member State; 

which  have  been  reported  to  perform 
abnormal  manoeuvres  since  entering  the 
airspace of a Member State, 

having  been  subjected  to  a  previous 
ramp  inspection  which  has  revealed 
deficiencies  as long as such  deficiencies 
have not been corrected: 

having been  subjected  to  a previous ramp 
inspection which has revealed  deficiencies 
giving  rise  to  serious  concerns  that  the 
aircraft 
comply  with 
not 
international  standards  and  where  the 
Member  State 
is  concerned  that  the 
defects may not have been corrected: 

does 

(b)  10% of  the  movements,  with  a minimum 

of once a week,  of: 

-  an  aircraft  the  operator  of  which  has 
been  the  subject  of  a  standard  report 
according to  Article 4. 

an  aircraft  the  operator  of  which  or  the 
country of the operator of which has been 
the  subject  of  a  decision  according  to 
Article 9. 

is 

there 

evidence 

the 
where 
competent  authorities  of  the  country  of 
registration  may not  be  exercising  proper 
safety  oversight: 

that 

where information  collected  under Article 
4  gives  cause  for  concern  about  the 
operator  or  where  a  previous  ramp 
inspection of an aircraft  used by the  same 
operator 
deficiencies, 
pending  the  adoption  by  the  operator  of 
satisfactory  arrangements  for  corrective 
measures: 

revealed 

has 

whose  operator  or  the  country  of  the 
operator  has  been  the  subject  of  a 
decision  according  to  Article  9.  pending 
the adoption by the comptent  authority of 
that 
satisfactory 
country 
arrangements for corrective measures. 

third 

of 

2  The  ramp  inspection  shall  be  performed 
according to the procedure described  in Annex 
2  and  using  a  ramp  inspection  report  form 
containing  at  least  the  items  described  in  the 
form  appended  to  this  Annex.  On  completion 
of  the  ramp  inspection,  the  commander  of  the 
aircraft  shall  be  provided  with  a  copy  of  the 
ramp inspection report. 

3  When  executing  a ramp  inspection  under 
this  Directive,  the  competent  authority  shall 
make  all  possible  efforts  to  avoid  an  aircraft 
being unduly delayed. 

2.  The  ramp  inspection  shall  be  performed 
according to the procedure  described  in  Annex 
2  and  using  a  ramp  inspection  report  form 
containing  at  least  the  items  described  in  the 
form  appended  to  this  Annex  On  completion 
of  the  ramp inspection,  the  commander  of the 
aircraft  shall be informed of the contents of the 
ramp  inspection  report  and  if  the  report 
disclose  deficiencies,  it  shall  be  sent  to  the 
operator  of  the  aircraft  and  to  the  competent 
authority of the country of registration. 

3  When  executing  a  ramp  inspection  under 
this  Directive,  the  competent  authority  shall 
make  all  possible  efforts  to  avoid  an  aircraft 
being  unduly  delayed  unless 
there  are 
reasonable  grounds  for  a  more  thorough 
investigation. 

Article 6, heading and (1) 

Exchange of information 

Exchange of information and cooperation 

1 
The competent  authorities of the Member 
States shall participate in a mutual  exchange of 
information. 

1.  Member  States  shall  make  provision  for 
the  exchange  of  information  and  cooperation 
between 
the 
competent  authorities  of  all  other  Member 
States and the Commission. 

their  competent  authorities, 

Article  7(1) 

1.  The information exchanged in accordance 
with  Article  6  shall  be  used  for  the  sole 
purpose of this Directive and its access will be 
limited 
competent 
the  participating 
authorities and the Commission. 

to 

1.  The information exchanged in accordance 
with  Article  6  shall  be  used  for  the  sole 
purpose of this Directive  and its access will be 
limited 
competent 
the  participating 
authorities  and 
the  Commission  without 
prejudice  to  the  provisions  laid  down  herein 
concerning the publication of groundings. 

to 

Article  8(2) 

In the  event  that  an  aircraft  is  grounded, 
2. 
the  competent  authority  of  the  Member  State 
where 
shall 
immediately  inform  the  competent  authorities 
of the countries concerned. 

took  place 

inspection 

the 

the 

inspection 

In the  event  that  an  aircraft  is  grounded, 
2. 
the  competent  authority  of  the  Member  State 
where 
shall 
immediately inform in writing the operator and 
the competent  authorities of the country of the 
operator  and of  the  State  where  the  aircraft  is 
registered. 

took  place 

Article  8(5) 

Article 8a 

Right of appeal 

fL  The owner  or the  operator  of the  aircraft 
or  his  representative  in  the  Member  State 
concerned  shall  have  a right of  appeal  against 
a  grounding  decision  taken  by  the  competent 
authority  of  the  Member  State.  The  lodging 
of  an  appeal  shall  not  cause  in  itself  the 
grounding to be suspended. 

h  The  owner  or the  operator  of the  aircraft 
or  his  representative  in  the  Member  State 
concerned  shall have a right of appeal against a 
grounding  decision  taken  by  the  competent 
authority of the Member State.  The lodging of 
itself  the 
an  appeal  shall  not  cause 
grounding to be suspended. 

in 

shall 

Z  Member  States 
maintain  appropriate  procedures 
purpose 
legislation. 

establish  and 
this 
for 
in  accordance  with  their  national 

X  The  competent  authority  shall  properly 
inform  the  commander  of  the  aircraft  of  the 
right of appeal. 

Article 9, first paragraph, first indent 

systematic  ramp  inspection  and  other 
surveillance  measures  of  a 
specific 
operator  or  of  operators  of  a  specific 
third country; 

systematic  ramp  inspection  and  other 
surveillance  measures  of  a 
specific 
operator  or  of  operators  of  a  specific 
third country pending the adoption by the 
operator  or  the  competent  authority  of 
satisfactory 
country 
that 
arrangements for corrective measures: 

third 

of 

Article  10(1) 

I  Member  States  shall  report 
the 
Commission  the  operational  measures  taken 
and  the  resources  allocated  to  implement  the 
requirements of Articles 4,  5 and 6. 

to 

1  Member  States  shall  report  to  the  other 
Member  States  and  to  the  Commission  the 
operational  measures  taken  and  the  resources 
allocated  to  implement  the  requirements  of 
Articles 4,  5 and 6. 

Article  10a (new) 

Article  10a 

Publication of groundings 

publish 

L  Each  competent  authority  shall  as  a 
minimum 
information 
available  to  the  public  concerning  aircraft 
grounded  during  the  previous  three-month 
period. 

quarterly 

Such  information  shall  also  include  all 
Z 
aircraft,  operators,  countries  of  operators  and 
States of registration whose  aircraft  have been 
detained  more  than  once  during  the  past  24 
months. 

3,  The information  published shall include in 
particular  the  type  of  aircraft,  the  name  and 
the  State  of 
country  of 
registration,  the  reason  for  grounding  and  the 
airport and date of grounding. 

the  operator, 

Article  13a (new) 

Article  13a 

Information report and revision 

No  later  than  two  years  after  the  entry  into 
force  of  this  Directive,  the  Commission  shall 
draw up a report on its application, taking into 
account 
the 
inter  alia  developments 
European  Union  and  in  international  fora. 
Such  a  report  may  be  accompanied,  if  it  is 
appropriate, by proposals for a revision  of this 
Directive. 

in 

y\o 

ISSN 0254-1475 

COM(98)  123 final 

DOCUMENTS 

EN 

07  06  11 

Catalogue  number  :  CB-C0-98-126-EN-C 

ISBN  92-78-31708-X 

Office  for Official  Publications of the European Communities 

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ni