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 Directive of the European Parliament and of the Council on the safety of third countries aircraft using Community airports amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2003-11-13
Institutions: European Commission
Subjects: air safety, air transport, aircraft, airport, international standard, safety standard, transport regulations

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13.11.2003
COM(2003) 674 final

2002/0014 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

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on the safety of third countries aircraft using Community airports

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

2002/0014 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

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on the safety of third countries aircraft using Community airports

1.

INTRODUCTION

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second
reading.  The  Commission  sets  out  its  opinion  below  on  the  5  amendments  proposed  by
Parliament.

2.

a)

b)

c)

d)

e)

f)

g)

BACKGROUND

On 14  January 2002, the Commission transmitted  to  the  Council  and  the  European
Parliament its proposal for a Directive (COM(2002) 8 final - 2002/0014(COD)).

The European Economic and Social Committee delivered an opinion supporting the
Commission’s proposal on 17 July 2002.

The Committee of the Regions decided not to deliver an opinion.

On  3  September  2002,  the  European  Parliament,  at  its  first  reading,  delivered  its
opinion, containing 19 amendments to the Commission proposal.

On  26  November  2002  (COM(2002) 664 final),  the  Commission  adopted,  in
accordance  with  Article  250(2)  of  the  Treaty,  an  amended  proposal  incorporating,
wholly or in part 13 and rejecting 6 of the amendments adopted by Parliament.

The Council adopted its common position on 28 March 2003.

On  9  October  2003,  the  European  Parliament  adopted,  at  the  second  reading,  a
resolution containing 5 amendments to the common position.

3.

PURPOSE OF THE PROPOSAL

The  objective  of  the  proposal  for  a  directive  is  to  improve  air  safety  by  ensuring  third
countries aircraft using Community airports comply with international safety standards.

2

To  this  end,  Member  States  are  required  to  ensure  that  information  is  collected  and
disseminated so that sufficient evidence can be established to decide on measures required to
ensure the safety of the travelling public as well as of people on the ground.

Provision is made to ensure that third country aircraft, their operation and crew are inspected,
in particular whenever there is reasonable suspicion that international safety standards are not
being met.  If  it  is felt necessary to  ensure  immediate  safety,  such  aircraft  are  grounded  and
appropriate  measures  for  rectification  of 
identified  shortcomings  are  decided  and
implemented.

4.

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN
PARLIAMENT

The European Parliament adopted at second reading 5 amendments to the Common Position
of the Council.

The  Commission  can  accept  2  amendments  in  full,  1  in  part  and  1  in  principle,  subject  to
redrafting.

It has nonetheless to reject 1 amendment in full.

4.1.

Amendments accepted by the Commission

The Commission believes that amendments 2, 3, 4 and 5 constitute welcome improvements to
the text of the common position.

4.1.1.

Amendments accepted in full (2 amendments).

Amendment  4  (on  Art.  11.1)  reintroduces  the  two  years  period  for  the  transposition  of  the
directive by the Member States. This was the timeframe proposed initially by the Commission
and  changed  to  three  years  by  the  Council  in  its  common  position.  Due  to  the  fact  that  the
discussions on the first Commission proposal started in 1997 and that implementation of ramp
checks  is  already  in  force  according  to  the  SAFA  (Safety  Assessment  of  Foreign  Aircraft)
programme under the auspices of the European Civil Aviation Conference, a two years period
should be sufficient to enable the Member States to adapt their legislation.

Amendment  5  (on  Art.  13)  reduces  to  four  years  the  timeframe  for  the  publication  by  the
Commission  of  a  report  on  the  application  of  the  directive.  The  common  position  of  the
Council  proposed  five  years.  This  reduction  of  one  year  is  the  logical  consequence  of  the
reduction  in  the  transposition  period  proposed  in  Amendment  4.  In  this  way,  it  maintains  a
two years period for the analysis of the application of the directive.

4.1.2.

Amendment accepted in part (1 amendment).

Amendment  2  (on  Art.  6.2)  aims  to  give  more  specific  requirements  for  the  content  of  the
annual  public  report  on  the  inspection  programme  that  the  Commission  will  issue.  The
Commission  is  ready  to  accept  that  this  report  should  also  be  available  to  the  industry
stakeholders  and  that  all  information  received  will  be  taken  into  account.  However,  the
requirement  that  this  report  should  be  open  to  only  one  interpretation  is  not  acceptable  as
interpretation  is  always  subjective  and  entails  diversity.  In  addition,  publishing  statements
evaluating  increased  safety  risks  on  the  sole  basis  of  inspection  reports  may,  in  certain
circumstances  lead  to  unjustified  harm  to  particular  operators  or  States  while  other  aircraft

3

could suffer an accident in spite of clean inspection reports. The Commission cannot therefore
accept the second part of this amendment.

4.1.3.

Amendment accepted in principle, subject to redrafting (1 amendment).

Amendment 3 (on Art. 9.b) aims at redressing the weakening of the position of the Commission
when  proposing  measures  against  operators  or  States  which  do  not  apply  international  safety
standards. However, in order to be consistent with the comitology procedure referred to in this
paragraph,  the  Commission  will  add  the  wording  “recommend  to”  between  the  words
“moreover,” and “extend”.

4.2.

Amendment rejected by the Commission

Amendment  1  (on  Art.  5.2)  requires  that  the  European  Aviation  Safety  Agency  should,  in
addition  to  the  Commission,  receive  the  reports  issued by  the  Member  States.  Although  the
Commission agrees that the EASA should be informed of the results of the inspections carried
out on Community airports, pending the adoption of a modification of Regulation 1592/2002
setting  up  the  Agency,  this  subject  does  not  fall  into  its  field  of  competences.  As  a
consequence, the Commission can not accept this amendment.

5.

CONCLUSION

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

4