Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Regulation of the European Parliament and of the Council on establishing common rules in the field of civil aviation and creating a European Aviation Safety Agency amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2002-05-07
Institutions: European Commission
Subjects: European Aviation Safety Agency, air safety, air transport, approximation of laws

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 7.5.2002
COM(2002) 241 final

2000/0246 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on establishing common rules in the field of civil aviation and creating a European
Aviation Safety Agency

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on establishing common rules in the field of civil aviation and creating a European
Aviation Safety Agency

(Text with EEA relevance)

1.

INTRODUCTION

Point  (c)  of  the  third  subparagraph  of  Article  251(2)  of  the  EC  Treaty  provides  that  the
Commission  shall  deliver  an  opinion  on  amendments  proposed  by  the  European  Parliament
on  second  reading.  The  Commission  hereby  delivers  its  opinion  on  the  twenty  eight  (28)
amendments voted by Parliament.

2.

a) 

b) 

c) 

d) 

e) 

f) 

g) 

1

2

3

4

BACKGROUND

The Commission transmitted a proposal for a Regulation (COM(2000) 595 final - COD
2000/0246 of 27 September 2000)1 to Council and Parliament on 4 December 2000.

The  Economic  and  Social  Committee  delivered  a  favourable  opinion  at  its  plenary
session on 30 May 2001.2 The Committee of the Regions has not been consulted.

The European Parliament delivered its opinion on first reading (containing fifty seven
(57) amendments to the Commission proposal) on 5 September 2001.3

The Council adopted its common position on 19 December 2001.4

Pursuant to Article 251(2) of the EC Treaty, the Commission adopted a communication
to  the  European  Parliament  concerning  the  Council  common  position  (SEC(2002)  23
final) on 11 January 2002.

The Council common position was transmitted to Parliament on 17 January 2002.

The  European  Parliament  adopted  a  resolution  on  second  reading  (containing  twenty
eight amendments to the common position) on 9 April 2002.

OJ C 154E, 29.5.2001, p. 1.
OJ C 221, 7.8.2001, p. 38.
OJ C 72, 21.3.2002, p.80-146.
OJ C 58E, 5.3.2002, p. 44-67.

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3.

OBJECTIVE OF THE PROPOSAL

Discussions  within  the  Community,  but  also  externally  and  within  the  JAA  (Joint  Aviation
Authorities  -  an  intergovernmental  body  that  develops  common  safety  regulatory  standards
and procedures in Europe) have shown the need for a strong organisation with powers in the
aviation safety sector to perform the executive tasks currently carried out at national level. To
this end, on 16 July 1998 the Council adopted a decision authorising the Commission to open
negotiations with the JAA States that are not members of the EU with a view to establishing
an  international  organisation.  However,  numerous  difficulties  were  encountered  in  pursuing
this initiative, which in turn led to the Commission, at the invitation of the Council on 26 June
2000,  to  prepare  its  proposal  for  this  Regulation  to  create  the  European  Aviation  Safety
Agency (EASA) as part of the Community system and establish common rules in the field of
civil aviation.

The proposal's essential objective is to achieve and maintain a uniformly high level of safety
and environmental protection in the Community. Additional objectives are the facilitation of
free  and  fair  competition  in  the  Community,  more  efficient  certification  processes,  and  the
worldwide promotion of European aviation standards. The means to achieve these objectives
are  the  formulation,  approval  and  uniform  application  of  all  necessary  regulations,  the
automatic recognition, without any further requirement or verification, of approvals granted in
accordance with these  regulations to products,  organisations and  personnel involved in civil
aviation, and the establishment of a Community Agency able to assist the Commission in the
executive  tasks  delegated  to  it  and  undertake  certain  tasks  with  the  efficiency  and  rapidity
needed.

4.

THE COMMISSION'S OPINION ON THE EUROPEAN PARLIAMENT'S AMENDMENTS

Parliament  adopted  twenty  eight  amendments  to  the  Council  common  position  on  second
reading.  All  these  amendments  are  accepted  by  the  Commission,  subject  to  the  comments
below concerning amendments 1 and 4.

The amendments of substance can be grouped into the following categories:

Extending the scope of the Regulation

Amendments 1 and 4 request the Commission to make proposals covering the whole field of
aviation  safety,  and  in  particular  flight  crew  licensing  and  operations  of  aircraft.  The
Commission basically agrees with  this,  since  the proposals  in  question are already provided
for in its work programme, but feels bound to point out that, taken out of context, the wording
could be interpreted as undermining its right of initiative enshrined in the Treaty. Accepting
amendments 1 and 4 can therefore in no case be regarded as limiting this right of initiative.

Setting-up of Agencies

The  purpose  of  amendment  2  is  to  express  Parliament's  desire  to  establish  common  rules
concerning  contributions  in  cash  or  in  kind  from  the  Member  States  to  the  Agencies  to
facilitate  their  establishment  on  their  territory.  This  request  seems  legitimate,  although  the
framework  for  this  Regulation  is  perhaps  not  the  most  appropriate  for  expressing  it.  The
Commission  therefore  accepts  this  amendment  but  reserves  the  right  to  decide  on  the
advisability of proposing common rules for all of the Agencies.

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Appointment and strengthening of the powers of the Executive Director of the Agency

Amendments  10,  12,  13  and  14  are  designed  to  facilitate  the  appointment  of  the  Executive
Director and increase his or her  authority over the  other  directors.  The  Commission accepts
these amendments.

Removal of the reference to commercial interests

Amendments 6 and 8 are intended to avoid the interpretation that decisions which should be
taken  only  on  the  basis  of  safety  and  environmental  compatibility  considerations  could  be
influenced  by  commercial  considerations.  These  are  important  clarifications  which  the
Commission accepts.

Strengthening of the Agency's autonomy

Amendments  9  and  11  are,  according  to  Parliament,  intended  to  balance  the  relationship
between the Agency and the Commission. Amendment 9 is acceptable to the extent that it is
legitimate  to  ensure  that  the  Commission,  which  does  not  have  technical  expertise,  cannot
change  a  standard  without  verifying  the  safety  and  environmental  protection  impact;  its
wording preserves the Commission's right of initiative. Amendment 11 is more of a change of
presentation, since the  Commission's  agreement  would  still  be  necessary  even  with  the  new
drafting. The Commission accepts these amendments.

Transition

Amendment  16  is  intended  to  limit  the  period  in  which  a  dual  Community  and  national
system  of  certification  can  be  maintained  in  order  to  facilitate  the  transition.  Parliament's
political arguments are admissible and so the Commission accepts this amendment.

Drafting amendments

The remaining amendments concern drafting improvements.

–  Amendments 3, 5 and 15 are designed to reintroduce the Commission's initial text.

–  Amendment 7 and amendments 17-28 are designed to incorporate drafting improvements

which appear desirable following adoption of the common position.

The Commission accepts these amendments.

5.

CONCLUSION

Pursuant to Article 250(2) of the EC Treaty the Commission amends its proposal as indicated
above.

4