Opinion of the Economic and Social Committee on the 'Proposal for a Council Regulation (EC) amending Council Regulation (EEC) No. 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation'
Date: 1999-04-28
Institutions: European Economic and Social Committee
Subjects: EC Regulation, administrative procedure, civil aviation, harmonisation of standards, proposal (EU), technical standard

C 169/6

EN

Official Journal of the European Communities

16.6.1999

5.4.
The Committee is of the opinion that the EU needs to
play an enhanced and better co-ordinated role in spectrum
policy by developing a transparent framework that emphasizes
the economic, social and political aspect. The technological

Brussels, 28 April 1999.

side also needs to be integrated into this planning framework,
so that
in
technology and in some instances it will need to predict future
technological developments.

the latest development

takes into account

it

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

Opinion of the Economic and Social Committee on the ‘Proposal for a Council Regulation (EC)
amending Council Regulation (EEC) No. 3922/91 of 16 December 1991 on the harmonization of
technical requirements and administrative procedures in the field of civil aviation’ (1)

(1999/C 169/03)

On 10 March 1999 the Council decided to consult the Economic and Social Committee, under Article
84 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 13 April 1999. The rapporteur
was Mr Decaillon.

At its 363rd plenary session (meeting of 28 April 1999) the Economic and Social Committee adopted
the following opinion by 76 votes to one, with one abstention.

1.

Introduction

the JARs. Nevertheless, in 1996 the Commission made one
amendment necessitated by scientific and technical progress (4)
and plans another for 1999.

Council Regulation (EEC) No. 3922/91 (2) provides the
1.1.
instrument by which harmonized technical requirements and
administrative procedures (JARs) worked out by the Joint
Aviation Authorities (JAA) can be incorporated into Com-
munity legislation. An amendment proposed in 1996 (3) to
include the new JARs on light aircraft and helicopters was
blocked by some Member States who wish first to include a
common certification procedure in the JAA administrative
regulation (JAR 21), specifying implementation procedures for

(1) OJ C 44, 18.2.1999, p. 10.
(2) Council Regulation (EEC) No. 3922/91 of 16 December 1991 on
the harmonization of technical requirements and administrative
procedures in the field of civil aviation — OJ L 373, 31.12.91, p.
4 — ESC Opinion — OJ C 159, 17.6.1991.

(3) Proposal for a Council Regulation (EC) amending Council Regu-
lation (EEC) No. 3922/91 on the harmonization of technical
requirements and administrative procedures in the field of civil
aviation (COM(96) 186 final — 96/0119 (SYN) — ESC Opinion
— OJ C 30, 30.1.1997.

2. Gist of the Commission document

2.1.
No technical revision of JAR 145 (approved mainten-
ance organizations) was possible as the latest amendments
adopted by the JAA on Member State recognition of certifi-
cation established by third country organizations are incom-
patible with Community competencies in this area.

2.2.
Given the European Community’s external competenc-
ies as confirmed by European Court of Justice case law, it will
have to negotiate and manage appropriate bilateral agreements.
This will not be possible in the near future. Consequently, it is
proposed (new Article 7 bis) that the Member States be

(4) Commission Regulation (EC) No. 2176/96 of 13 November
1996 amending to scientific and technical progress Council
Regulation (EEC) No. 3922/91 — OJ L 291, 14.11.1996, p. 15.

16.6.1999

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Official Journal of the European Communities

C 169/7

empowered to recognise the approvals granted to foreign
products, organizations and personnel. Such practice should
be subject to Community surveillance.

2.3.
In order to ensure surveillance, such bilateral agree-
ments must be notified to the Commission and to the
Member States in order to allow an a priori examination. The
Commission must ensure that the approval granted does not
affect the level of safety specified by the present regulation,
that it does not give an unfair advantage to a third country,
and that it is not contrary to Community policy vis-à-vis this
third country.

2.4. When doing so, the Commission will be assisted by a
committee of Member State representatives. In order to set up
this consultative committee instead of the regulatory com-
mittee set up under Regulation (EEC) 3922/91, Articles 9, 11
and 12 will have to be redrafted.

3. General comments

3.1.
As in its previous opinions, the Economic and Social
Committee endorses the objectives of a high level of security
in civil aviation and freedom of movement for the aviation
products and services described above. Whilst recognizing that
Regulation 3922/91 has provided progress in these areas, the
Committee wishes to highlight once again the problems
already experienced in the operation of the previous regulation,
particularly in publishing and translating the JARs contained
or to be contained in the regulation.

Brussels, 28 April 1999.

3.2.
The Committee welcomes, subject to the following
remarks, the proposal for a Council regulation which, in the
absence of bilateral agreements between the Community and
third countries, recognizes approval granted under bilateral
agreements — subject to Community surveillance — between
Member States and third countries. This would clear the way
for the incorporation of the technical modifications provided
for under JAR 145. The amended regulation would sub-
sequently pave the way for the incorporation of other JARs
already partly drafted by JAA Member State representatives.

3.3.
Approval or acceptance of an organization on the
basis of approval granted by the competent authorities of a
third country, as provided for under the new Article 7 bis,
must not alter the economic climate, cause social disruption
or impact negatively on employment in the Community. The
Committee therefore calls for research to be undertaken into
the possible impact in the social sphere.

the highly specialized,

3.4.
Regarding the status of the committee, the ESC would
reiterate the recommendation made in its earlier opinion (1)
that the ‘committee should be of a regulatory nature’, in view
technical nature of Regulation
of
3922/91. The inclusion of the new Article 7 bis means that
the Commission is pressing more for a consultative committee.
Echoing the ESC opinion, the regulation adopted on 16
December 1991 provides for a regulatory committee. In the
light of the new information, the ESC sees no reason to water
down the regulatory nature of the existing committee by
transforming it into a consultative committee.

(1) Council Regulation (EEC) No. 3922/91 of 16 December 1991 on
the harmonization of technical requirements and administrative
procedures in the field of civil aviation — OJ L 373, 31.12.91, p.
4 — ESC Opinion — OJ C 159, 17.6.1991.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI