WRITTEN QUESTION P-0731/01 by Gianfranco Dell'Alba (TDI) to the Commission. Attitude of the Italian National Agency for Civil Aviation (ENAC) towards the Air Sicilia company.
Date: 2001-03-07
Institutions: European Parliament, Provisional data
Subjects: Italy, air transport, economic consequence, indemnification, patents licence, professional qualifications, transport company, transport regulations

18.9.2001

EN

Official Journal of the European Communities

C 261 E/187

Where Objective 3 is concerned, the operational programme (OP) for the Basque Country provides for
assistance of € 222 646 434. In addition, likewise under the Objective 3 Community support framework,
five multi-regional OPs will finance activities in the seven autonomous communities outside Objective 1,
providing a total Community contribution of € 1 375 921 635. A regional financial breakdown of multi-
regional assistance will be presented annually in the implementing reports.

The Autonomous Community of the Basque Country is also eligible for assistance under the Financial
Instrument for Fisheries Guidance. The SPD concerned covers all autonomous communities outside
Objective 1 and provides for total Community assistance of € 207 500 000. According to the initial
indicative breakdown carried out by Spain, assistance of € 106 220 000 has been earmarked for the Basque
Country.

As regards the Cohesion Fund,
it is not possible at this stage to quantify the amount which will be
allocated to the Autonomous Community of the Basque Country during the 2000-2006 programming
period or to break down this amount by province. At this stage, under Council Regulation (EC) No 1264/
1999 of 21 June 1999 amending Regulation (EC) No 1164/94 establishing a Cohesion Fund, (1) the total
resources to be committed under this Fund during the period in question amounts to approximately € 18
billion for all four eligible countries and the indicative allocation for Spain is 61 % to 63,5 % of this
amount. It should be borne in mind that the national authorities are responsible for the initial choice of
projects to be submitted under the Cohesion Fund and that these projects are presented to the Commission
at intervals throughout the programming period.

(1) OJ L 161, 26.6.1999.

(2001/C 261 E/212)

WRITTEN QUESTION P-0731/01

by Gianfranco Dell(cid:146)Alba (TDI) to the Commission

(7 March 2001)

Subject: Attitude of the Italian National Agency for Civil Aviation (ENAC) towards the Air Sicilia company

The ENAC has, without prior notice and by means of a press release (!), announced the suspension of Air
Sicilia(cid:146)s airworthiness certificate and operating licence, as from 20 February 2001. It has accused the airline
of (cid:145)various instances of failure to apply airworthiness standards on the Boeing 737 aircraft used by the
company(cid:146).

There are apparently two reasons for such a drastic measure: the appointment of a technical director, who,
according to the ENAC, does not meet the required standards, and the fact that technical staff are
employed by the G.A.I. company (which is part of the Air Sicilia group and belongs exclusively to the
same shareholders) and not by Air Sicilia which has been providing regular links at national level for six
years now.

Following complaints from the company(cid:146)s managing director and employees, who took the case to the
Sicilian regional administrative court, the Prefect of Catania announced, with the government(cid:146)s authority,
that sales of tickets could resume and authorised Air Sicilia to resume flights, albeit provisionally using
other aircraft.

Knowing that, could the Commission answer the following:

(cid:129) Does the Commission not consider that, if the Ministry of Transport rapidly annuls the measure taken

against Air Sicilia, the company should be awarded appropriate damages?

(cid:129) Is it aware of any previous instances of airline companies having their flight licences suspended for

similar reasons? If so, what companies?

(cid:129) Is the Commission prepared to conduct an inquiry into these events, and in particular the action taken
by the ENAC and any abuse of power it may have committed with a view to favouring other airline
companies which have recently entered the market, in the light of European rules on competition and
non-discrimination?

C 261 E/188

Official Journal of the European Communities

EN

18.9.2001

Answer given by Mrs de Palacio on behalf of the Commission

(24 April 2001)

The matter raised by the Honourable Member relates to the application of Council Regulation (EEC) No
2407/92 of 23 July 1992, on air carrier licensing (1) in Italy. These rules clearly stipulate that the granting
and maintenance of operating licences to air carriers established in the Community is carried out by
Member States. Such a licence can only be granted and validly maintained, if an air carrier possesses a
valid air operator certificate (AOC). This certificate, which is also granted by Member States, specifies the
activities covered by the operating licence and affirms that the operator in question has the professional
ability and organisation to secure the safe operation of aircraft for the activities foreseen. As such safety
standards are the subject of Council Regulation (EEC) No 3922/91 of 16 December 1991 on the
harmonisation of technical requirements and administrative procedures in the field of civil aviation (2).

Member States are required by the Licence Regulation not to grant or maintain operating licences when
the requirements of the Regulation are not met. Equally, Member States cannot refuse to grant or maintain
operating licences when the requirements of the Regulation are complied with. These requirements include
the financial fitness of the air carrier in question. Also, the Regulation allows Member States to require for
the purpose of issuing or maintaining a licence that there is proof that the persons managing continuously
and effectively the air carrier meet specific standards of professional conduct, in addition to the technical
standards required by the AOC.

Finally, the Licence Regulation requires Member States to make procedures for the granting of operating
licences public. Decisions to grant or revoke licences have to be published in the Official
Journal.
Furthermore, decisions to refuse or revoke an operating licence have to be reasoned. The Commission
has not yet received any decision by the national authorities concerned with regard to the air carrier Air
Sicilia. Undertakings that have been refused operating licences can refer the matter to the Commission,
which has then the obligation to investigate if the requirements of the Regulation are met and take
position on the issue. The Commission has not received to date any such request from Air Sicilia. In that
respect, any matter of compensation for damages incurred due to the loss of an operating licence falls
under the competence of national courts.

(1) OJ L 240, 24.8.1992.
(2) OJ L 373, 31.12.1991.

(2001/C 261 E/213)

WRITTEN QUESTION E-0739/01

by Roy Perry (PPE-DE) to the Commission

(9 March 2001)

Subject: Report on the future objectives of education systems

The 2000 Lisbon European Council asked (cid:145)the Council (Education) to undertake a general reflection on the
concrete future objectives of education systems, focusing on common concerns and priorities while
respecting national diversity, with a view to contributing to the Luxembourg and Cardiff processes and
presenting a broader report to the European Council in the Spring of 2001.(cid:146) When will this report be
presented?

Answer given by Mrs Reding on behalf of the Commission

(18 May 2001)

In March 2000 the Lisbon European Council asked the Education Council to (cid:145)undertake a general
reflection on the concrete future objectives of education systems(cid:146) and to (cid:145)present a broader report to the