WRITTEN QUESTION E-0807/04 by Erik Meijer (GUE/NGL) to the Commission. Invalidity of a civil aviation pilot's licence if use is made of it in another Member State or after revision of the rules governing Air Transport Pilot Licences (ATPL).
Date: 2004-03-15
Institutions: European Parliament, Provisional data
Subjects: Germany, Netherlands, civil aviation, crew, recognition of vocational training qualifications

C 84 E/882

Official Journal of the European Union

EN

3.4.2004

Answer given by Mrs Wallström on behalf of the Commission

(28 April 2004)

The question describes the threat posed to the Ria Formosa Nature Reserve by the development of tourism
facilities and golf courses in particular.

The nature reserve forms part of the ‘Ria Formosa/Castro Marim’ site of Community importance proposed
by Portugal under Article 4 of Directive 92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora (1), and the ‘Ria Formosa’ special protection area, designated by
Portugal in the framework of Article 4 of Directive 79/409/EEC of 2 April 1979 on the conservation of
wild birds.

Combining Articles 7 and 6 of Directive 92/43/EEC, the Portuguese authorities have a duty to take
appropriate steps to avoid, in special areas of conservation, the deterioration of natural habitats and the
habitats of species as well as disturbance of the species for which the areas have been designated.
Moreover, under the same provisions, any plan or project not directly connected with or necessary to the
management of the site but likely to have a significant effect thereon, either individually or in combination
with other plans or projects, shall be subject to appropriate assessment of its implications for the site in
view of the site’s conservation objectives.

On several occasions, the Commission has already had reason to contact the Portuguese authorities
following complaints about non-conformity with the abovementioned provisions in the protected areas
mentioned above, particularly as a result of tourism developments identified by the complainants.

The Honourable Member’s written question refers to general reports in the Portuguese press, but does not
identify the projects under way in the abovementioned protected zones.

The Commission would therefore ask the Honourable Member to identify the projects in question so that
it can contact the national authorities and,
if appropriate, consider opening infringement proceedings
against Portugal on the basis of the information provided.

(1) OJ L 206, 22.7.1992.

(2004/C 84 E/0976)

WRITTEN QUESTION E-0807/04

by Erik Meijer (GUE/NGL) to the Commission

(15 March 2004)

Subject: Invalidity of a civil aviation pilot’s licence if use is made of it in another Member State or after

revision of the rules governing Air Transport Pilot Licences (ATPL)

1.
Is the Commission aware that in the 1990s an individual could evidently obtain a Dutch theoretical
ATPL via the Opleiding Beroepsvliegers Schiphol flying school, having scored the highest marks for both
theory and practice, but subsequently, because of a lack of openings in the Netherlands, looked for a job as
a pilot in Germany and, since the Dutch licence is largely unrecognised there, was obliged to obtain a
German ATPL at RWL in Mönchengladbach?

2.
Is the Commission aware that individuals with a German licence could also evidently work as a pilot
on all types of Boeing aircraft in Europe, the Middle East and Africa (cid:1) first with Air Berlin (Berlin and
Paderborn) for two years and then for Virgin Express in Belgium for seven years (cid:1) but subsequently be
grounded because, as a result of the introduction of new JAR licences, extensions were no longer issued
every six months at the same time as medical certification?

3.4.2004

EN

Official Journal of the European Union

C 84 E/883

Does the Commission regard it as acceptable for extensions to be refused because only the Dutch
3.
licence includes a long-distance (Atlantic) flying component although,
in order to obtain the German
licence, the relevant training is repeated but the component is exempted from mandatory examination
because the equivalent component in the Dutch examination is recognised? Is it normal that the German
Federal Aviation Agency in Braunschweig should first respond only to JAR applications from within
Germany and then issue non-national licence-holders, who have been forgotten, with certification which is
valid only within Germany?

Answer given by Mrs de Palacio on behalf of the Commission

(30 April 2004)

At present, the conditions for issuing licences to cockpit personnel are not harmonised at Community
level. However, Council Directive 91/670/EEC of 16 December 1991 (1) establishes the principle of mutual
acceptance, within the Community, of licences issued by Member States.

The Directive obliges every Member State to accept licences issued by other Member States on the basis of
‘equivalent requirements’. Where reasonable doubts remain as to the equivalence of the licence, the host
State may consider that additional requirements and/or tests are necessary to enable the licence to be
accepted.

The Directive also provides for the acceptance of licences issued in accordance with the requirements of
if the bearer satisfies the special
Annex 1 to the Chicago Convention on International Civil Aviation,
validation requirements.

Member States are naturally also subject to the general provisions in the EC Treaty on the freedom of
movement, the right of establishment and non-discrimination on grounds of nationality, and the general
principles and case-law of the Court of Justice on mutual recognition.

Directive 91/670/EEC does not prevent the Member States from modifying the terms under which they
issue licences, or from limiting the period of acceptance of a foreign licence, particularly when the original
licence itself has a limited duration. The Directive also allows acceptance to be conditional upon the
including the validity of a
licence continuing to satisfy the conditions applicable in the host State,
certificate of medical fitness.

In the absence of any precise details on the case at issue, the Commission would refer the Honourable
Member to the answer in the first paragraph above.

(1) OJ L 373, 31.12.1991.

(2004/C 84 E/0977)

WRITTEN QUESTION E-0816/04

by Stefano Zappalà (PPE-DE) to the Commission

(15 March 2004)

Subject: Recognition of diplomas

Mr Luca Ghezzi, a resident of Camucia di Cortona (Arezzo),
industrial expert.

is qualified to pursue the profession of

He applied for a teaching post with the Galilei Galileo ITIS (industrial and technical secondary school) in
via D. Menci, Arezzo.

The director of the establishment refused to recognise Mr Ghezzi’s qualification as conferring the requisite
points, apparently disregarding the table laid down in (Italian) Ministerial Decree No 40 of 16 April 2003
implementing Directive 89/48/EEC (1) and Directive 92/51/EEC (2) and in point B(3) of Annex A to
Ministerial Decree No 201 of 25 May 2000.

If the facts are as stated, what measures can the Commission take to ensure compliance with Community
legislation and the corresponding national rules?

(1) OJ L 19, 24.1.1989, p. 16.
(2) OJ L 209, 24.7.1992, p. 25.