Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendment to the Council's common position regarding the proposal for a Regulation of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2004-04-14
Institutions: European Commission
Subjects: air transport, transport company, transport insurance

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.4.2004 
COM(2004) 255 final 

2002/0234 (COD) 

OPINION OF THE COMMISSION 

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

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on insurance requirements for air carriers and aircraft operators 

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

EN 

   EN 

 
 
 
  
 
 
  
2002/0234 (COD) 

OPINION OF THE COMMISSION 

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

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on insurance requirements for air carriers and aircraft operators 

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  sole  amendment  proposed  by 
Parliament.  

2. 

BACKGROUND 

–  Date 

of 

transmission 

the  Council 
proposal 
(document  COM(2002) 521  final  –  C5–0455/2002  -  2002/0234(COD)):  25  September 
2002 

the  EP 

and 

the 

of 

to 

–  Date of the opinion of the European Economic and Social Committee: 26 February 2003 

–  Date of the opinion of the European Parliament in first reading: 13 May 2003 

–  Date  of  transmission  of  the  amended  proposal  (COM(2003)  454  final  of  24.7.2003): 

28 July 2003 

–  Date of adoption of the Council’s common position: 5 December 2003 

–  Date  of  the  transmission  of  the  Communication  from  the  Commission  to  the  European 
Parliament  pursuant  to  the  second  subparagraph  of  Article  251(2)  of  the  EC  Treaty 
concerning the common position of the Council (COM(2004) 6 final): 9 January 2004. 

–  Date of receipt of the Council’s common position by the European Parliament: 9 January 

2004.  

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3. 

PURPOSE OF THE PROPOSAL 

The  Commission  proposal  is  designed  to  establish  a  legal  framework  setting  out  the 
conditions  of  insurance  and  minimum  amounts  that  both  Community  and  third  country  air 
carriers and aircraft operators have to observe at all times when they fly into, within, out of or 
over  the  Community.  These  insurance  requirements  should  cover  their  liability  vis-à-vis 
passengers, baggage, cargo, mail and third parties. 

This proposal should provide for legal certainty vis-à-vis Community and non-Community air 
carriers  and  aircraft  operators  and  create  a  level  playing  field  by  ensuring  transparent,  non-
discriminatory  and  harmonised  application  of  the  minimum  insurance  requirements 
throughout the Community. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  SOLE  AMENDMENT  BY  THE  EUROPEAN 
PARLIAMENT 

On  11  March  the  European  Parliament  during  its  plenary  session  adopted  one  amendment 
modifying  the  sole  amendment  to  the  common  position  previously  adopted  by  the  relevant 
parliamentary Committee (RETT). The Commission can accept this amendment.  

The amendment concerns the scope of the regulation and affects insurance requirements for 
small  aircraft  below  500  kg  including  “micro-light”  aircraft  and  gliders.  It  follows  the 
Commission’s initial proposal and focuses on small aircraft used in sports and leisure aviation 
(gliders  and  micro-light  aircraft),  which  the  Commission  had  initially  proposed  to  exclude 
from the scope of the Regulation. It builds up on the idea that on the one hand insurance costs 
for  risks  of  war  and  terrorism  are  too  high  and  would  make  leisure  and  sports  aviation  too 
costly  and  on  the  other  the  likelihood  of  damage  due  to  such  risks  is  rather  low.  Thus  the 
amendment  excludes  from  the  scope  of  the  regulation  insurance  requirements  for  these 
aircraft  for  risks  of  war  and  terrorism.  For  all  other  risks,  these  aircraft  are  covered  by  the 
provisions of the regulation. 

5. 

CONCLUSION 

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

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