WRITTEN QUESTION E-0681/02 by Caroline Jackson (PPE-DE)and Phillip Whitehead (PSE) to the Commission. Air passenger safety on Virgin Express flights and seat pitch regulations.
Date: 2002-03-11
Institutions: European Parliament, Provisional data
Subjects: air transport, approximation of laws, carriage of passengers, civil aviation, technical standard, transport safety

C 28 E/42

Official Journal of the European Union

EN

6.2.2003

Reply given by Mr Vitorino on behalf of the Commission

(25 April 2002)

Under Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students, the
Member States grant this right to all students who are nationals of a Member State and, in addition to
meeting other conditions, are enrolled at an approved institution for the main purpose of taking a
vocational training course.

Such students’ right of residence is attested by a residence permit which may cover the duration of the
course only or one year if the latter exceeds one year in length, in which case the permit must be renewed
annually. Under Article 5b(3) of
legislative decree No 358 of 2 August 1999, which transposes
Directive 93/96 into Italian law, students’ residence permits are valid for the duration of their courses
only. Under this legislation, Greek students at the University of Pavia are entitled to be issued with a
residence permit for the duration of their courses.

If, despite this, a student’s residence permit has expired, the Italian authorities can require him or her to
produce evidence of university enrolment before renewing the residence permit. Conversely, the University
of Pavia cannot under any circumstances require students to produce their residence permits as a condition
for re-enrolment.

If it were confirmed that the University of Pavia engages in this practice, it would be contrary to Directive
93/96 for the above-mentioned reasons.

The Commission will contact the Italian authorities to clarify the matter.

(2003/C 28 E/047)

WRITTEN QUESTION E-0681/02

by Caroline Jackson (PPE-DE)
and Phillip Whitehead (PSE) to the Commission

(11 March 2002)

Subject: Air passenger safety on Virgin Express flights and seat pitch regulations

Experience of flying between Brussels and London Heathrow using Virgin Express has brought to light the
fact that the rows of seating on the aircraft used are placed so close together that it is not possible for
passengers to adopt the ‘brace’ position in the event of an emergency. Since the aircraft are registered in
Belgium, and therefore regulated by the International Civil Aviation Organisation, Virgin Express is not
legally required to provide a specific minimum space between each seat. However, the present seating
Is the
arrangements clearly compromise the safety of European air passengers using these flights.
Commission aware of the situation?

Does the Commission intend to introduce EU-wide regulations to increase the standard seat pitch
following the conclusions of a recent study commissioned by the Joint Aviation Authorities, which found
that it should be lengthened in view of the increase in the height and weight of the population?

Answer given by Mrs de Palacio on behalf of the Commission

(25 April 2002)

Aeroplanes are certified by the Member States according to safety standard JAR-25 of the Joint Aviation
Authorities (JAA), whose application is mandatory in the Community through 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). JAR-25 itself complies with the requirements of Annex 8 of the
Convention on International Civil Aviation, and is largely harmonised with its American counterpart
FAR-25 of the Amercian Federal Aviation Administration.

6.2.2003

EN

Official Journal of the European Union

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In the safety standards referred to above, cabin lay-out parameters such as seat pitch and others are not
controlled explicitely, but are controlled implicitely by the requirements on evacuation and protection
against head and leg injury during emergency landing.

Like any standard, JAR-25 is periodically adapted to technical progress and changing needs. The Joint
Aviation Authorities dispose therefore of a research budget for the funding of safety related studies. The
study, to which the Honourable Members refer, forms part of a JAA co-ordinated research programme on
cabin safety.

The study concerned evaluates seating conditions in the light of current population body dimensions with
a view to the emergency landing requirements referred to above.

As long as the future aviation safety agency has not yet become operational, standardisation is still being
carried out by the JAA. The Commission is therefore of the opinion that it is in the first place for the
experts of the JAA to evaluate the study results and to decide whether amendments to the JAR-25 standard
are required or not. It does therefore not plan to propose a regulation on seat spacing itself, but prefers to
deal with the results of the study through a modification, if needed, of the mandatory safety standard
JAR-25. The Commission regards the subject of the study an important safety element and will follow the
work by the JAA closely.

After the aviation safety agency will have become operational in the near future, aircraft and its parts and
appliances will be certified by the agency under application of airworthiness specifications proposed by the
Commission upon recommendation by the Agency, and adopted by the Commission according to the
regulatory committee procedure.

(1) OJ L 373, 31.12.1991.

(2003/C 28 E/048)

WRITTEN QUESTION P-0687/02

by Maria Sanders-ten Holte (ELDR) to the Commission

(5 March 2002)

Subject: Report by Save the Children about sexual abuse of girls by aid workers in exchange for aid in

refugee camps in West Africa

On 27 February, Reuters and The Guardian reported that in camps in Liberia, Guinea and Sierra Leone,
refugee children are in many cases being sexually abused in exchange for aid. This has emerged from an
extensive investigation by Save the Children. Nearly 70 people were identified as culprits in 1 500
interviews.

Is the Commission aware of this report?

Does the Commission know whether the alleged offenders include anybody who is involved in aid from
the European Union and/or who is paid from EU funds? If so, which organisations do they belong to and
what measures will be taken?

How does the Commission propose to prevent such excesses in future?

Answer given by Mr Nielson on behalf of the Commission

(27 March 2002)

The Commission has been made aware of the report following the announcement in the media. However,
this is the first time the specific issue has been brought to its attention. In general terms, the Commission
is aware of the desperate plight of refugees and the fact that they are vulnerable to abuses of various kinds.
This is why it stresses the importance of protection activities in the refugee camps. In this context, it has
consistently argued for a stronger international presence in the camps. The issue is regularly raised by the
Commission in the discussions with the United Nations High Commissioner for Refugees (UNHCR) and
other partners.