Common Position (EC) No 35/2005 of  14 November 2005  adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Directive of the European Parliament and of the Council on a Community Air Traffic Controller Licence
Date: 2005-11-14
Institutions: Council of the European Union
Subjects: air safety, air traffic, air traffic control, diploma, professional qualifications, recognition of diplomas, vocational training

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 35/2005

adopted by the Council on 14 November 2005

with a view to the adoption of Directive 2005/…/EC of the European Parliament and of the
Council of … on a Community Air Traffic Controller Licence

(2005/C 316 E/01)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(2)

The introduction of a Community licence is a means of
recognising the specific role which air traffic controllers
play in the safe provision of air traffic control. The
establishment of Community competence standards will
also reduce fragmentation in this field, making for more
efficient organisation of work in the framework of
growing regional collaboration between air navigation
service providers. This Directive is therefore an essential
part of the Single European Sky legislation.

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

Implementation of the Single European Sky legislation
requires the establishment of more detailed legislation, in
particular concerning the licensing of air traffic control-
lers, in order to ensure the highest standards of responsi-
bility and competence, to improve the availability of air
traffic controllers and to promote the mutual recognition
of licences, as envisaged in Article 5 of Regulation (EC)
No 550/2004 of the European Parliament and of the
Council of 10 March 2004 on the provision of air navi-
gation services in the single European sky (the service
provision Regulation) (3), while pursuing the objective of
an overall improvement in air traffic safety and compe-
tence of personnel.

(1) Opinion delivered on 9 March 2005 (not yet published in the Offi-

cial Journal).

(2) Opinion of the European Parliament of 8 March 2005 (not yet
published in the Official Journal), Council Common Position of 14
November 2005 and Position of the European Parliament of … (not
yet published in the Official Journal).

(3) OJ L 96, 31.3.2004, p. 10.

(3)

A Directive is the most suitable instrument
competence standards,
States to decide on the ways to achieve such standards.

to set
thus leaving to the Member

(4)

This Directive should build on existing international
standards. The International Civil Aviation Organization
(ICAO) has adopted provisions on air traffic controller
licensing,
including linguistic requirements. The Euro-
pean Organisation for the Safety of Air Navigation
(Eurocontrol) set up by the International Convention of
13 December 1960 relating to Cooperation for the
Safety of Air Navigation has adopted Eurocontrol Safety
Regulatory Requirements. In accordance with Article 4
of Regulation (EC) No 550/2004 this Directive trans-
poses the requirements laid down in Eurocontrol Safety
Regulatory Requirement No 5 (ESARR 5) relevant to air
traffic controllers.

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(5)

The particular characteristics of Community air traffic
call
for the introduction and effective application of
Community competence standards for air traffic control-
employed by air navigation service providers
lers
primarily involved in general air traffic. Member States
may also apply the national provisions taken pursuant
to this Directive to student air traffic controllers and air
traffic controllers exercising their functions under the
responsibility of air navigation service providers offering
their services primarily to aircraft movements other than
general air traffic.

the

Community

requirements,

(6) Where Member States take action to ensure compliance
authorities
with
performing supervision and verification of compliance
should be sufficiently independent of air navigation
service providers and training providers. The authorities
must also remain capable of performing their tasks effi-
ciently. The national supervisory authority nominated or
established under this Directive may be the same body
or bodies nominated or established in accordance with
Article 4 of Regulation (EC) 549/2004 of the European
Parliament and of the Council of 10 March 2004 laying
down the framework for the creation of the single Euro-
pean sky (the framework Regulation) (1).

(7)

the controller and the authorisation of

The provision of air navigation services requires highly
skilled personnel whose competence can be demon-
the
strated by several means. For air traffic control
appropriate means is the introduction of a Community
licence, to be seen as a kind of diploma, for each indivi-
dual air traffic controller. The rating on a licence indi-
cates the type of air traffic service an air traffic controller
is competent to provide. At the same time, the endorse-
ments included on the licence reflect both the specific
skills of
the
supervisory authorities to provide services for a particu-
lar sector or group of sectors. That is why the authorities
must be in a position to evaluate the competence of air
traffic controllers when issuing licences or extending the
validity of the endorsements. The authorities must also
be in a position to suspend a licence, ratings or endorse-
ments when competence is in doubt. In an effort to
promote the reporting of incidents (just culture), this
Directive should not establish an automatic link between
an incident and the suspension of a licence, rating or
endorsement. Revocation of a licence should be consid-
ered as the last resort for extreme cases.

regards qualifications, competence and access to the
profession of air traffic controller. This should lead to
the provision of safe, high-quality air traffic control
services and the recognition of licences throughout the
Community, thereby increasing freedom of movement
and improving the availability of air traffic controllers.

Member States should ensure that implementation of
this Directive does not lead to circumvention of existing
national provisions governing the rights and obligations
applicable to the employment relationship between an
employer and applicant air traffic controllers.

In order to make skills comparable throughout the Com-
munity, they need to become structured in a clear and
generally accepted way. This will help to guarantee
safety not only within the airspace under the control of
one air navigation service provider, but especially at the
interface between different service providers.

In many incidents and accidents, communication plays a
significant role. ICAO has therefore adopted language
knowledge requirements. This Directive develops these
requirements and provides a means of enforcing these
internationally accepted standards. There is a need for
observance of
the principles of non-discrimination,
transparency and proportionality in language require-
ments, so as to encourage free movement while ensuring
safety.

the request of

The objectives of initial training are described in the
the
guidance material developed at
members of Eurocontrol and are considered the appro-
priate standards. For unit training the lack of generally
accepted standards needs to be offset by a range of
measures,
including the approval of examiners, which
should guarantee high standards of competence. This is
all the more important as unit training is very costly and
decisive in terms of safety.

(9)

(10)

(11)

(12)

(13) Medical

requirements have been developed at

the
request of Eurocontrol Member States and are consid-
ered an acceptable means of compliance with this Direc-
tive.

(14)

(8)

In order to build the confidence of Member States in
each other's licensing systems, Community rules on
obtaining and maintaining licences are indispensable. It
is therefore important, with a view to ensuring the
highest level of safety, to harmonise the requirements as

(1) OJ L 96, 31.3.2004, p. 1.

certification of

in terms of safety, as one of

training provision should be
The
regarded,
the decisive
factors contributing to the quality of training. Training
should be seen as a service similar to air navigation
services, also subject
to a certification process. This
Directive should make it possible to certify training by
type of training, by package of training services or by
package of training and air navigation services, without
losing sight of the particular characteristics of training.

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(15)

(16)

(17)

This Directive confirms long-standing case-law of the
Court of Justice of the European Communities in the
field of mutual recognition of diplomas and freedom of
movement of workers. The principle of proportionality,
reasoned justifications for the imposition of compensa-
tion measures and the provision of appropriate appeal
procedures constitute basic principles which need to
become applicable to the air traffic management sector
in a more visible manner. Member States should be
entitled to refuse to recognise licences not issued in
accordance with this Directive; Member States should
also be entitled to recognise such licences after under-
taking the appropriate equivalence assessment. Since this
Directive is aimed at facilitating the mutual recognition
of
conditions
concerning access to employment.

it does not

licences,

regulate

the

The profession of air traffic controller is subject to tech-
nical innovations which call for such controllers' skills to
be regularly updated. This Directive should allow such
adaptations to technical developments and scientific
progress through the use of the committee procedure.

This Directive may have an impact on the daily working
practices of air traffic controllers. The social partners
should be informed and consulted in an appropriate way
on all measures having significant social
implications.
Therefore,
the Sectoral Dialogue Committee set up
under Commission Decision 98/500/EC of 20 May 1998
on the establishment of Sectoral Dialogue Committees
promoting the dialogue between the social partners at
European level (1) has been consulted and should be
consulted on further implementing measures taken by
the Commission.

(18) Member States should lay down rules on the penalties
applicable to infringements of the national provisions
adopted pursuant to this Directive and take all measures
necessary to ensure that they are implemented. Those
penalties should be effective, proportionate and dissua-
sive.

(19)

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (2).

(20) A two-year transposition period is considered sufficient
for establishing a Community licensing framework and
assimilating within that
framework the licences of
current licence holders,
in accordance with the provi-
sions concerning the conditions for maintaining ratings
and keeping endorsements valid, as the requirements
laid down in those provisions are in line with existing
international obligations. Furthermore, an additional
transposition period of two years should be granted for
the application of the linguistic requirements.

(1) OJ L 225, 12.8.1998, p. 27. Decision as amended by the 2003 Act

of Accession.

(21)

(22)

The general conditions for obtaining a licence, insofar as
they relate to age, educational requirements and initial
training,
the holders of existing
licences.

should not affect

In accordance with point 34 of the Interinstitutional
agreement on better law-making (3), Member States are
encouraged to draw up, for themselves and in the inter-
ests of the Community, their own tables illustrating, as
far as possible, the correlation between this Directive
and the transposition measures, and to make them
public,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objective and scope

1.
The objective of this Directive is to increase safety stan-
dards and to improve the operation of the Community air
traffic control system through the issuing of a Community air
traffic controller licence.

2.

This Directive shall apply to:

— student air traffic controllers, and

— air traffic controllers

exercising their functions under the responsibility of air naviga-
tion service providers which offer their services primarily to
aircraft movements of general air traffic.

Subject to Articles 1(2) and 13 of Regulation (EC) No
3.
549/2004,
in cases where regular and planned air traffic
control services are provided to general air traffic under the
responsibility of air navigation service providers which offer
than
their services primarily to aircraft movements other
general air traffic, Member States shall ensure that the level of
safety and quality of the services to general air traffic is at least
equivalent to the level resulting from the application of the
provisions of this Directive.

Article 2

Definitions

For the purposes of this Directive, the following definitions
shall apply:

1.

‘air traffic control service’ means a service provided for the
purpose of preventing collisions between aircraft, and, on
the manoeuvring area, between aircraft and obstructions,
and expediting and maintaining an orderly flow of air
traffic;

(2) OJ L 184, 17.7.1999, p. 23.

(3) OJ C 321, 31.12.2003, p. 1.

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2.

3.

4.

5.

6.

7.

8.

9.

‘air navigation service providers’ means any public or
private entity providing air navigation services for general
air traffic;

‘general air traffic’ means all movements of civil aircraft, as
well as all movements of State aircraft (including military,
customs and police aircraft) when these movements are
the
carried out
ICAO;

in conformity with the procedures of

‘licence’ means a certificate, by whatever name it may be
known, issued and endorsed in accordance with this Direc-
tive and entitling its lawful holder to provide air traffic
control services in accordance with the ratings and endor-
sements contained therein;

‘rating’ means the authorisation entered on or associated
with a licence and forming part thereof, stating specific
conditions, privileges or limitations pertaining to such
licence; the ratings on a licence are at least one of the
following:

(a) aerodrome control visual;

(b) aerodrome control instrument;

(c) approach control procedural;

(d) approach control surveillance;

(e) area control procedural;

(f) area control surveillance;

‘rating endorsement’ means the authorisation entered on
and forming part of a licence, indicating the specific condi-
tions, privileges or limitations pertaining to the relevant
rating;

‘unit endorsement’ means the authorisation entered on and
forming part of a licence,
indicating the ICAO location
indicator and the sectors and/or working positions where
the holder of the licence is competent to work;

‘language endorsement’ means the authorisation entered
on and forming part of a licence, indicating the language
proficiency of the holder;

‘instructor endorsement’ means the authorisation entered
on and forming part of a licence, indicating the compe-
tence of the holder to give on-the-job training instruction;

deliver safe, high quality air traffic control services;
consists of:

it

(a) initial

training, providing basic and rating training,

leading to the grant of a student licence;

(b) unit training,

including transitional training prior to
on-the-job training and on-the-job training, leading to
the grant of an air traffic controller licence;

(c) continuation training, keeping the endorsements of the

licence valid;

(d) training of on-the-job training instructors,
the grant of the instructor endorsement;

leading to

(e) training of examiners and/or assessors;

13.

‘training provider’ is an organisation which has been certi-
fied by the relevant national supervisory authority to
provide one or more types of training;

14.

‘Unit Competence Scheme’
is an approved scheme indi-
cating the method by which the unit maintains the compe-
tence of its licence holders;

15.

is an approved plan detailing the
‘Unit Training Plan’
processes and timing required to allow the unit procedures
to be applied to the local area under the supervision of an
on-the-job-training instructor.

Article 3

National supervisory authorities

1. Member States shall nominate or establish a body or
bodies as their national supervisory authority in order to
assume the tasks assigned to such authority under this Direc-
tive.

2.
The national supervisory authorities shall be independent
of air navigation service providers and training providers. This
independence shall be achieved through adequate separation, at
the functional level at least, between the national supervisory
authorities and such providers. Member States shall ensure that
national supervisory authorities exercise their powers impar-
tially and transparently.

3. Member States shall notify the Commission of the names
and addresses of the national supervisory authorities, as well as
any changes thereof, and of the measures taken to ensure
compliance with paragraph 2.

10.

‘ICAO location indicator’ means the four-letter code group
formulated in accordance with rules prescribed by ICAO in
its manual DOC 7910 and assigned to the location of an
aeronautical fixed station;

11.

‘sector’ means a part of a control area and/or part of a
flight information region/upper region;

Article 4

Licensing principles

12.

is the entirety of theoretical courses, practical
‘training’
exercises,
including simulation, and on-the-job training
required in order to acquire and maintain the skills to

1. Without prejudice to Article 1(3), Member States shall
ensure that air traffic control services within the scope of
Article 1(2) are only provided by air traffic controllers licensed
in accordance with this Directive.

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2.
Applicants for a licence shall prove that they are compe-
tent to act as air traffic controllers or as student air traffic
controllers. The evidence demonstrating their competence shall
relate to knowledge, experience, skills and linguistic profi-
ciency.

The licence shall contain at least one rating and one rating
endorsement, if applicable.

Air traffic controller licences shall be granted to appli-

2.
cants who:

The licence shall remain the property of the person to

3.
whom it is granted and who shall sign it.

(a) are at least 21 years old. However, Member States may

provide for a lower age limit in duly justified cases;

4.

In accordance with Article 14(1):

(a) a licence, ratings or endorsements may be suspended when
the competence of the air traffic controller is in doubt or in
cases of misconduct;

(b) a licence may be revoked in cases of gross negligence or

abuse.

5.
The student air traffic controller licence shall authorise
the holder to provide air traffic control services under the
supervision of an on-the-job-training instructor.

6.

The licence shall include the items set out in Annex I.

7. When a licence is issued in a language other than English,
it shall include an English translation of the items set out in
Annex I.

8. Member States shall ensure that air traffic controllers are
sufficiently trained in safety, security and crisis management.

Article 5

Conditions for obtaining a licence

(b) are holders of a student licence and have completed an
approved unit training plan and successfully passed the
appropriate examinations or assessments in accordance
with the requirements set out in Part B of Annex II;

(c) hold a valid medical certificate; and

(d) have demonstrated an adequate level of linguistic profi-
ciency in accordance with the requirements set out
in
Annex III.

The licence shall be validated by the inclusion of one or more
ratings and the relevant rating, unit and language endorsements
for which training was successfully completed.

The instructor endorsement shall be granted to holders of

3.
an air traffic controller licence who:

(a) have provided air traffic control services for an immediately
preceding period of at least one year, or such longer dura-
tion as is fixed by the national supervisory authority having
regard to the ratings and endorsements for which instruc-
tion is given; and

(b) have

successfully completed an approved on-the-job
training instructor course during which the required knowl-
edge and pedagogical skills were assessed through appro-
priate examinations.

Student air traffic controller licences shall be granted to

1.
applicants who:

(a) are at least 18 years old and are holders of at least a
secondary education diploma or a diploma granting access
to university or equivalent.

Article 6

Air traffic controller ratings

fulfil

Member States may provide that the national supervisory
authority evaluate the educational standard of applicants
who do not
this
evaluation demonstrates that an applicant has experience
and education which gives him/her a reasonable prospect
of completing air traffic controller training, this shall be
regarded as sufficient;

this educational requirement.

If

(b) have successfully completed approved initial training rele-
vant to the rating, and rating endorsement if applicable, as
set out in Part A of Annex II;

(c) hold a valid medical certificate; and

(d) have demonstrated an adequate level of linguistic profi-
ciency in accordance with the requirements set out
in
Annex III.

Licences shall contain one or more of the following ratings in
order to indicate the type of service which the licence holder
may provide:

(a) the Aerodrome Control Visual rating (ADV), which shall
indicate that the holder of the licence is competent to
provide an air traffic control service to aerodrome traffic at
an aerodrome that has no published instrument approach
or departure procedures;

(b) the Aerodrome Control

Instrument rating (ADI), which
shall indicate that the holder of the licence is competent to
provide an air traffic control service to aerodrome traffic at
an aerodrome that has published instrument approach or
departure procedures and shall be accompanied by at least
one of the rating endorsements described in Article 7(1);

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(c) the Approach Control Procedural rating (APP), which shall
indicate that the holder of the licence is competent to
provide an air traffic control service to arriving, departing
or transiting aircraft without the use of surveillance equip-
ment;

(d) the Approach Control Surveillance rating (APS), which
shall indicate that the holder of the licence is competent to
provide an air traffic control service to arriving, departing
or transiting aircraft with the use of surveillance equipment
and shall be accompanied by at least one of the rating
endorsements described in Article 7(2);

(e) the Area Control Procedural rating (ACP), which shall indi-
cate that the holder of the licence is competent to provide
an air traffic control service to aircraft without the use of
surveillance equipment;

(f) the Area Control Surveillance rating (ACS), which shall
indicate that the holder of the licence is competent to
provide an air traffic control service to aircraft with the use
of surveillance equipment and shall be accompanied by at
least one of the rating endorsements described in Article
7(3).

Article 7

Rating endorsements

The Aerodrome Control

1.
bear at least one of the following endorsements:

Instrument rating (ADI) shall

(a) the Tower Control endorsement (TWR), which shall indi-
to provide control
is provided from one

cate that
the holder
services where aerodrome control
working position;

is competent

(b) the Ground Movement Control endorsement (GMC), which
shall indicate that the holder of the licence is competent to
provide ground movement control;

(c) the Ground Movement Surveillance endorsement (GMS),
granted in addition to the Ground Movement Control
endorsement or Tower Control endorsement, which shall
indicate that the holder is competent to provide ground
movement control with the help of aerodrome surface
movement guidance systems;

(d) The Air Control endorsement (AIR), which shall indicate
that the holder of the licence is competent to provide air
control;

(e) The Aerodrome Radar Control endorsement (RAD), granted
in addition to the Air Control endorsement or Tower
Control endorsement, which shall indicate that the holder
of the licence is competent to provide aerodrome control
with the help of surveillance radar equipment.

The Approach Control Surveillance rating (APS) shall

2.
bear at least one of the following endorsements:

(a) the Radar endorsement (RAD), which shall indicate that the
holder of the licence is competent to provide an approach
control service with the use of primary and/or secondary
radar equipment;

(b) the Precision Approach Radar endorsement (PAR), granted
in addition to the Radar endorsement, which shall indicate
that the holder of the licence is competent to provide
ground-controlled precision approaches with the use of
precision approach radar equipment to aircraft on the final
approach to the runway;

(c) the Surveillance Radar Approach endorsement

(SRA),
granted in addition to the Radar endorsement, which shall
indicate that the holder is competent to provide ground-
controlled non-precision approaches with the use of
surveillance equipment to aircraft on the final approach to
the runway;

(d) the Automatic Dependent Surveillance endorsement (ADS),
to
which shall
provide an approach control service with the use of auto-
matic dependent surveillance;

is competent

indicate that

the holder

(e) the Terminal Control endorsement (TCL), granted in addi-
tion to the Radar or Automatic Dependent Surveillance
endorsements, which shall
is
competent to provide air traffic control services with the
use of any surveillance equipment to aircraft operating in a
specified terminal area and/or adjacent sectors.

indicate that

the holder

The Area Control Surveillance rating (ACS) shall bear at

3.
least one of the following endorsements:

(a) the Radar endorsement (RAD), which shall indicate that the
holder is competent to provide area control services with
the use of surveillance radar equipment;

(b) the Automatic Dependent Surveillance endorsement (ADS),
which shall
to
provide area control services with the use of automatic
dependent surveillance;

is competent

indicate that

the holder

(c) the Terminal Control endorsement (TCL), granted in addi-
tion to the Radar or Automatic Dependent Surveillance
endorsements, which shall
is
competent to provide air traffic control services with the
use of any surveillance equipment to aircraft operating in a
specified terminal area and/or adjacent sectors;

indicate that

the holder

(d) the Oceanic Control (OCN) endorsement, which shall indi-
cate that the holder is competent to provide air traffic
control services to aircraft operating in an Oceanic Control
Area.

4. Without prejudice to paragraphs 1, 2 and 3, Member
States may, in exceptional cases which only arise due to par-
ticular characteristics of the air traffic in the airspace under
their
endorsements. Such
endorsements shall not affect the overall freedom of movement
of air traffic controllers.

responsibility, develop national

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Article 8

Language endorsements

1. Member States shall ensure that air traffic controllers can
demonstrate the ability to speak and understand English to a
satisfactory standard. Their proficiency shall be determined in
accordance with the language proficiency rating scale set out in
Annex III.

extended for the following 12 months if the air navigation
service provider demonstrates that:

(a) the applicant has been exercising the privileges of

the
licence for a minimum number of hours, as indicated in
the approved unit competence scheme,
the
previous 12 months;

throughout

(b) the applicant's competence has been assessed in accordance

with Part C of Annex II; and

2. Member States may impose local language requirements
when deemed necessary for reasons of safety.

(c) the applicant holds a valid medical certificate.

3.
The level required in application of paragraphs 1 and 2
shall be level 4 of the language proficiency rating scale set out
in Annex III.

4.
Notwithstanding paragraph 3, Member States may require
level 5 of the language proficiency rating scale set out in
Annex III in application of paragraphs 1 and/or 2 where the
operational circumstances of the particular rating or endorse-
ment warrant a higher level for imperative reasons of safety.
Such a requirement shall be objectively justified, non-discrimi-
natory, proportionate and transparent.

Proficiency shall be demonstrated by a certificate issued
assessment procedure
a

5.
after
approved by the national supervisory authority.

and objective

transparent

Article 9

Instructor endorsements

The instructor endorsement shall indicate that the holder of the
licence is competent to provide training and supervision at a
working position for areas covered by a valid rating.

Article 10

Unit endorsements

The unit endorsement shall indicate that the licence holder is
competent to provide air traffic control services for a particular
sector, group of sectors or working positions under the respon-
sibility of an air traffic services unit.

Member States may, when deemed necessary for reasons of
safety, provide that the privileges of a unit endorsement are
only exercised by licence holders below a given age.

Article 11

Conditions for maintaining ratings and keeping endorse-
ments valid

1.
12 months. The validity of

Unit endorsements shall be valid for an initial period of
shall be

such endorsements

The minimum number of working hours, leaving aside instruc-
tion tasks, required to maintain the validity of the unit endorse-
ment may be reduced for on-the-job training instructors in
instructing trainees on the
proportion to the time spent
working positions for which the extension is applied.

2. Where unit endorsements cease to be valid, a unit
training plan must be successfully completed so as to revalidate
the endorsement.

3.
The holder of a rating or rating endorsement who has
not been providing air traffic control services associated with
that rating or rating endorsement for any period of four conse-
cutive years may only commence unit training in that rating or
rating endorsement after appropriate assessment as to whether
he/she continues to satisfy the conditions of that rating or
rating endorsement, and after satisfying any training require-
ments that result from this assessment.

The language proficiency of

shall be
4.
formally evaluated at regular intervals, except in the case of
applicants who have demonstrated proficiency level 6.

the applicant

This interval shall be no longer than three years for applicants
who demonstrate proficiency level 4 and no longer than six
years for applicants who demonstrate proficiency level 5.

The instructor endorsement shall be valid for a renewable

5.
period of 36 months.

Article 12

Medical certificates

1. Medical certificates
medical body of
medical examiners approved by the national
authority.

shall be issued by a competent
the national supervisory authority or by
supervisory

2.
The issuing of medical certificates shall be consistent with
the provisions of Annex I to the Chicago Convention on Inter-
national Civil Aviation and the Requirements for European
Class 3 Medical Certification of Air Traffic Controllers laid
down by Eurocontrol.

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3. Medical certificates shall be valid from the date of the
medical examination and for 24 months thereafter for air
traffic controllers up to the age of 40 years and for 12 months
above that age. The medical certificate may be revoked at any
time if the medical condition of the holder so requires.

4. Member States shall ensure that effective review or appeal
procedures are put in place with the appropriate involvement
of independent medical advisors.

5. Member States shall ensure that procedures are estab-
lished to deal with cases of reduced medical fitness and to
enable licence holders to notify their employers that they are
becoming aware of any decrease in medical fitness or are under
the influence of any psychoactive substance or medicines
which might render them unable to exercise the privileges of
the licence safely and properly.

Article 13

Certification of training providers

The provision of

1.
traffic controllers,
including related assessment procedures, shall be subject to
certification by the national supervisory authorities.

training to air

2.
The requirements for certification shall relate to technical
and operational competence and suitability to organise training
courses as set out in point 1 of Annex IV.

3.
Applications for certification shall be submitted to the
national supervisory authorities of the Member State where the
applicant has its principal place of operation and, if any, its
registered office.

National supervisory authorities shall issue certificates when the
applicant training provider fulfils the requirements laid down
in point 1 of Annex IV.

Certificates may be issued for each type of
training or in
combination with other air navigation services, whereby the
type of training and the type of air navigation service shall be
certified as a package of services.

Certificates shall specify the information referred to in

4.
point 2 of Annex IV.

5.
National supervisory authorities shall monitor compliance
with the requirements and conditions attached to the certifi-
cates. If a national supervisory authority finds that the holder
of a certificate no longer satisfies such requirements or condi-
tions, it shall take appropriate measures, which may include
withdrawal of the certificate.

A Member State shall recognise certificates issued in

6.
another Member State.

Article 14

Guarantee of compliance with competence standards

1.
In order to ensure the levels of competence indispensable
for air traffic controllers in order for them to perform their
work to high safety standards, the Member States shall ensure
that national supervisory authorities supervise and monitor
their training.

Their tasks shall include:

(a) the issuing and revocation of licences, ratings and endorse-
ments for which the relevant training and assessment was
completed under the area of responsibility of the national
supervisory authority;

(b) the maintenance and suspension of ratings and endorse-
the privileges of which are exercised under the

ments,
responsibility of the national supervisory authority;

(c) the certification of training providers;

(d) the approval of training courses, unit training plans and

unit competence schemes;

(e) the approval of competence examiners or competence

assessors;

(f) the monitoring and auditing of training systems;

(g) the establishment of appropriate appeal and notification

mechanisms.

2.
National supervisory authorities shall provide appropriate
information and mutual assistance to the national supervisory
authorities of other Member States so as to ensure the effective
application of this Directive, particularly in cases involving the
free movement of air traffic controllers within the Community.

3.
The national supervisory authorities shall ensure that a
data base is maintained listing the competencies of all licence
holders under their responsibility and the validity dates of their
endorsements. To this end, operational units within air naviga-
tion service providers shall keep records of the hours effectively
worked in the sectors, group of sectors or in the working posi-
tions for every licence holder working in the unit and shall
provide this data to the national supervisory authorities on
request.

4.
The national supervisory authorities shall approve the
licence holders who are entitled to act as competence exami-
for unit and continuation
ners or competence assessors
training. Approval shall be valid for a renewable period of
three years.

The national

supervisory authorities

the
5.
training providers on a regular basis with a view to guaran-
teeing effective compliance with the standards laid down in this
Directive.

shall audit

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Official Journal of the European Union

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In addition to the regular audit, the national supervisory autho-
rities may make on-the-spot visits to check the effective imple-
mentation of this Directive and compliance with the standards
contained therein.

6.
National supervisory authorities may decide to delegate in
full or in part the auditing functions and inspections mentioned
in paragraph 5 of this Article to recognised organisations in
accordance with Article 3 of Regulation (EC) No 550/2004.

7. Member States shall submit to the Commission a report
on the application of this Directive by … (*) and at three-yearly
intervals thereafter.

Article 15

Article 16

Adaptation to technical or scientific progress

In the light of technical or scientific progress, the Commission
may adopt, in accordance with the procedure referred to in
Article 17(2), amendments to the ratings in Article 6, the
rating endorsements in Article 7, the provisions on medical
certificates in Article 12(3) and the Annexes.

Article 17

Committee

1.
The Commission shall be assisted by the Single Sky
Committee instituted by Article 5 of Regulation (EC) No
549/2004.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

Mutual recognition of air traffic controller licences

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at one month.

1.
Subject to Article 8, each Member State shall recognise
licences and their associated ratings, rating endorsements and
language endorsements issued by the national supervisory
authority of another Member State in accordance with the
provisions of
this Directive, as well as the accompanying
medical certificates. However, a Member State may decide only
to recognise licences of holders who have reached the
minimum age limit of 21 as envisaged in Article 5(2)(a).

2.
In cases where a licence holder exercises the privileges of
the licence in a Member State other than that in which the
licence was issued, the licence holder shall have the right to
exchange his or her licence for a licence issued in the Member
State where the privileges are exercised, without additional
conditions being imposed.

3.
In order to grant a unit endorsement, the national super-
visory authorities shall require the applicant to fulfil the par-
ticular conditions associated with this endorsement, specifying
the unit, sector or working position. When establishing the
unit training plan, the training provider shall take due account
of the acquired competencies and the experience of the appli-
cant.

4.
The national supervisory authorities shall approve and
give a reasoned decision on the unit training plan containing
the proposed training for the applicant not later than six weeks
after presentation of the evidence, without prejudice to the
delay resulting from any appeal that may be made. In their
decisions, the national supervisory authorities shall ensure that
the principles of non-discrimination and proportionality are
respected.

3.

The Committee shall adopt its rules of procedure.

Article 18

Penalties

The Member States shall lay down the rules on penalties applic-
able to infringements of
the national provisions adopted
pursuant to this Directive and shall take all measures necessary
to ensure that they are implemented. The penalties provided
for must be effective, proportionate and dissuasive. The
Member States shall notify those provisions to the Commission
by … (**) and shall notify it without delay of any subsequent
amendment affecting them.

Article 19

Transitional arrangements

Article 5(2)(a) and (b) shall not apply to holders of air traffic
controller licences issued by Member States before … (**).

Article 20

Transposition

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive by … (**) at the latest, with the exception of Article 8, for
which the deadline shall be … (***). They shall
forthwith
communicate to the Commission the text of those provisions.

(*) Five years following the date of entry into force of this Directive.

(**) Two years following the date of entry into force of this Directive.
(***) Four years following the date of entry into force of this Directive.

C 316E/10

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Official Journal of the European Union

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When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

Article 22

Addressees

This Directive is addressed to the Member States.

Article 21

Entry into force

Done at Brussels, …

This Directive shall enter into force on the 20th day following
that of its publication in the Official Journal of the European
Union.

For the European Parliament

The President

…

For the Council

The President

…

13.12.2005

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ANNEX I

SPECIFICATIONS FOR LICENCES

Licences issued by a Member State in accordance with this Directive must conform to the following specifications:

1. Details

1.1. The following details must appear on the licence, an asterisk indicating those items which must be translated into

English:

(a) *Name of State or Authority issuing the licence (in bold type);

(b) *Title of licence (in very bold type);

(c) Serial number of the licence, in Arabic numerals, given by the authority issuing the licence;

(d) Name of holder in full (in Roman alphabet also if script of national language is other than roman);

(e) Date of birth;

(f) Nationality of holder;

(g) Signature of holder;

(h) *Certification concerning validity and authorisation for holder to exercise privileges appropriate to the licence,

indicating:

(i) the ratings, rating endorsements, language endorsements, instructor endorsements and unit endorsements,

(ii) the dates when they were first issued,

(iii) the dates on which their validity expires.

(i) Signature of officer issuing the licence and the date of such issue;

(j) Seal or stamp of authority issuing the licence.

1.2. The licence must be accompanied by a valid medical certificate.

2. Material

First quality paper or other suitable material must be used and the items mentioned under point 1 must appear
clearly thereon.

3.

Colour

3.1. Where the same coloured material is used for all aviation-related licences issued by a Member State, that colour

must be white.

3.2. Where aviation-related licences issued by a Member State carry a distinguishing colour marking, the colour of the

air traffic controller licence must be yellow.

C 316E/12

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Official Journal of the European Union

13.12.2005

ANNEX II

TRAINING REQUIREMENTS

PART A

INITIAL TRAINING REQUIREMENTS FOR AIR TRAFFIC CONTROLLERS

The initial training will ensure that student air traffic controllers satisfy at least the objectives for basic and rating
training, as described in Eurocontrol's ‘Guidelines for air traffic controller Common Core Content Initial Training’,
edition of 10.12.2004, so that air traffic controllers are capable of handling air traffic in a safe, quick and efficient way.

Initial training will cover the following subjects: Aviation Law, Air Traffic Management, including Procedures for Civil-
Military Cooperation, Meteorology, Navigation, Aircraft and Principles of Flight, including an understanding between air
traffic controller and pilot, Human Factors, Equipment and Systems, Professional Environment, Safety and Safety
Culture, Safety Management Systems, Unusual/Emergency Situations, Degraded Systems and Linguistic Knowledge,
including Radiotelephony Phraseology.

The subjects will be taught in such a way that they prepare the applicants for the different types of air traffic services
and highlight safety aspects. The initial training will consist of theoretical and practical courses, including simulation,
and its duration will be determined in the approved initial training plans. Acquired skills must ensure that the candidate
can be considered competent to handle complex and dense traffic situations, facilitating the transition to unit training.
The competence of the candidate after initial training will be assessed through appropriate examinations or a system of
continuous assessment.

UNIT TRAINING REQUIREMENTS FOR AIR TRAFFIC CONTROLLERS

PART B

Unit training plans will detail the processes and timing required to allow the application of the unit procedures to the
local area under the supervision of an on-the-job training instructor. The approved plan will include indications of all
elements of the competence assessment system, including work arrangements, progress assessment and examination,
together with procedures for notifying the national supervisory authority. Unit training may contain certain elements of
the initial training which are specific to national conditions.

The duration of unit training will be determined in the unit training plan. The required skills will be assessed through
appropriate examinations or a system of continuous assessment, by approved competence examiners or assessors who
will be neutral and objective in their judgment. To this end, the national supervisory authorities will put in place appeal
mechanisms to ensure fair treatment of candidates.

CONTINUATION TRAINING REQUIREMENTS FOR AIR TRAFFIC CONTROLLERS

PART C

Rating and unit endorsements on air traffic controllers'
licences will be kept valid through approved continuation
training, which consists of training to maintain the skills of air traffic controllers, refresher courses, emergency training
and, where appropriate, linguistic training.

Continuation training will consist of theoretical and practical courses, together with simulation. For this purpose, the
training provider will establish unit competence schemes detailing the processes, manning and timing necessary to
provide for the appropriate continuation training and to demonstrate competence. These schemes will be reviewed and
approved at least every three years. The duration of the continuation training will be decided in accordance with the
functional needs of the air traffic controllers working in the unit, in particular in the light of changes or planned
changes in procedures or equipment, or in the light of the overall safety management requirements. The competence of
each air traffic controller will be appropriately assessed at least every three years. The air navigation service provider will
ensure that mechanisms are applied to guarantee fair treatment of licence holders where the validity of their endorse-
ments cannot be extended.

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ANNEX III

REQUIREMENTS FOR PROFICIENCY IN LANGUAGES

The language proficiency requirements laid down in Article 8 are applicable to the use of both phraseologies and plain
language. To meet the language proficiency requirements an applicant for a licence or a licence holder will be assessed
and must demonstrate compliance with at least the Operational Level (Level 4) of the Language Proficiency Rating Scale
set out in this Annex.

Proficient speakers must:

(a) communicate effectively in voice-only (telephone/radiotelephone) and in face-to-face situations;

(b) communicate on common, concrete and work-related topics with accuracy and clarity;

(c) use appropriate communicative strategies to exchange messages and to recognise and resolve misunderstandings

(e.g. to check, confirm or clarify information) in a general or work-related context;

(d) handle successfully and with relative ease the linguistic challenges presented by a complication or unexpected turn
of events that occurs within the context of a routine work situation or communicative task with which they are
otherwise familiar; and

(e) use a dialect or accent which is intelligible to the aeronautical community.

Language proficiency rating scale: Expert, Extended and Operational Levels

Pronunciation
Uses a dialect and/or accent intel-
ligible to the aeronautical com-
munity.

Structure
Relevant grammatical structures
and sentence patterns are deter-
mined by language functions
appropriate to the task.

Vocabulary

Fluency

Comprehension

Interactions

Level

Expert 6

Extended 5

intonation,

Pronunciation, stress, rhythm
and
though
possibly influenced by the
first
regional
variation, almost never inter-
fere with ease of under-
standing.

language or

complex
and
Both basic
grammatical
structures and
sentence patterns are consis-
tently well controlled.

Pronunciation, stress, rhythm
and intonation, though influ-
enced by the first language
or regional variation, rarely
interfere with ease of under-
standing.

Basic grammatical structures
and sentence patterns are
consistently well controlled.
Complex
are
attempted but with errors
which sometimes
interfere
with meaning.

structures

Operational 4

Pronunciation, stress, rhythm
and intonation are influenced
by the
language or
regional variation but only
sometimes
interfere with
ease of understanding.

first

creatively
well

Basic grammatical structures
and sentence patterns are
and
used
are
usually
controlled.
Errors may occur, particu-
larly in unusual or unex-
but
pected
rarely
with
meaning.

circumstances,
interfere

Vocabulary range and accu-
racy are sufficient to commu-
nicate effectively on a wide
variety of familiar and unfa-
miliar topics. Vocabulary is
and
idiomatic,
sensitive to register.

nuanced,

Vocabulary range and accu-
racy are sufficient to commu-
on
nicate
common,
and
Para-
work-related
and
phrases
successfully. Vocabulary
is
sometimes idiomatic.

effectively
concrete,
topics.
consistently

Vocabulary range and accu-
racy are usually sufficient to
communicate effectively on
common,
and
work-related
Can
often paraphrase successfully
when lacking vocabulary in
unusual
unexpected
or
circumstances.

concrete,
topics.

speech

effortless

Able to speak at length with
a natural,
flow.
Varies
flow for
stylistic effect, e.g. to empha-
sise a point. Uses appropriate
and
discourse
connectors spontaneously.

markers

on

ease

Able to speak at length with
relative
familiar
topics, but may not vary
speech flow as a stylistic
device. Can make use of
appropriate
discourse
markers or connectors.

is

consis-
Comprehension
tently accurate in nearly all
contexts
includes
and
comprehension of
linguistic
and cultural subtleties.

Interacts with ease in nearly
all situations.
Is sensitive to
verbal and non-verbal cues,
and responds to them appro-
priately.

Responses
immediate,
are
appropriate, and informative.
the speaker/listener
Manages
relationship effectively.

topics

Comprehension is accurate
on common, concrete, and
and
work-related
mostly accurate when the
speaker is confronted with a
linguistic
situational
or
complication or an unex-
pected turn of events. Is able
to comprehend a range of
speech varieties (dialect and/
or accent) or registers.

loss of

stretches

Produces
of
language at an appropriate
tempo. There may be occa-
sional
fluency on
transition from rehearsed or
formulaic speech to sponta-
this
interaction, but
neous
does not prevent effective
communication. Can make
discourse
use
limited
markers
connectors.
or
Fillers are not distracting.

of

is mostly
Comprehension
common,
on
accurate
concrete,
and work-related
topics when the accent or
sufficiently
variety used is
intelligible
for an interna-
tional community of users.
When
is
confronted with a linguistic
or
situational complication
or an unexpected turn of
events, comprehension may
be slower or require clarifica-
tion strategies.

speaker

the

are

Initiates
exchanges

usually
Responses
and
immediate, appropriate,
and
informative.
maintains
even
when dealing with an unex-
pected turn of events. Deals
apparent
with
adequately
misunderstandings
by
checking, confirming, or clari-
fying.

C

3
1
6
E
/
1
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

.

1
3
1
2
2
0
0
5

.

Language proficiency rating scale: Pre-Operational, Elementary and Pre-Elementary Levels

Level

Pronunciation
Uses a dialect and/or accent intel-
ligible to the aeronautical com-
munity.

Structure
Relevant grammatical structures
and sentence patterns are deter-
mined by language functions
appropriate to the task.

Vocabulary

Fluency

Comprehension

Interactions

Pre-operational 3 Pronunciation, stress, rhythm
and intonation are influenced
language or
by the
regional
and
frequently interfere with ease
of understanding.

variation

first

Basic grammatical structures
and sentence patterns asso-
ciated with predictable situa-
tions are not always well
controlled. Errors frequently
interfere with meaning.

Vocabulary range and accu-
racy are often sufficient
to
communicate on common,
concrete,
or work-related
topics but range is limited
and the word choice often
Is
inappropriate.
often
paraphrase
unable
to
successfully when
lacking
vocabulary.

often

stretches

of
Produces
language, but phrasing and
inap-
pausing
are
propriate. Hesitations
or
slowness in language proces-
sing may prevent effective
communication.
are
sometimes distracting.

Fillers

Elementary 2

Pronunciation, stress, rhythm
and intonation are heavily
influenced
first
by
language or regional varia-
tion and usually interfere
with ease of understanding.

the

Shows only limited control
of a few simple memorized
grammatical
structures and
sentence patterns.

Limited
vocabulary
consisting only of
words
phrases.

and

range
isolated
memorized

very

Can produce
short,
isolated, memorized utter-
ances with frequent pausing
and a distracting use of fillers
to search for expressions and
to articulate
familiar
words.

less

often
is
Comprehension
common,
accurate
on
concrete,
and work-related
topics when the accent or
sufficiently
variety used is
for an interna-
intelligible
tional community of users.
to understand a
May fail
linguistic
situational
or
complication or an unex-
pected turn of events.

are

exchanges

sometimes
Responses
immediate, appropriate,
and
informative. Can initiate and
maintain
with
reasonable ease on familiar
topics and in predictable situa-
tions. Generally
inadequate
when dealing with an unex-
pected turn of events.

Comprehension is limited to
isolated, memorized phrases
when they are carefully and
slowly articulated.

Response time is slow, and
Interac-
often inappropriate.
tion is
to simple
limited
routine exchanges.

Pre-elementary 1

Performs at a level below the
Elementary level.

Performs at a level below the
Elementary level.

Performs at a level below the
Elementary level.

Performs at a level below the
Elementary level.

Performs at a level below the
Elementary level.

Performs at a level below the
Elementary level.

.

1
3
1
2
2
0
0
5

.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

C

3
1
6
E
/
1
5

C 316E/16

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REQUIREMENTS TO BE ATTACHED TO CERTIFICATES AWARDED TO TRAINING PROVIDERS

ANNEX IV

1. Compliance with the requirements referred to in Article 13 must be demonstrated by evidence that training providers
are adequately staffed and equipped and operate in an environment suitable for the provision of the training neces-
sary to obtain or maintain student air traffic controller licences and air traffic controller licences. In particular training
providers must:

(a) have an efficient management structure and sufficient staff with adequate qualifications and experience to provide

training according to the standards set out in this Directive;

(b) have available the necessary facilities, equipment and accommodation appropriate for the type of training offered;

(c) provide the methodology they will use to establish details of the content, organisation and duration of training
courses, unit training plans and unit competence schemes; this will include the way examinations or assessments
will be organised. For examinations related to initial training, including simulation training, the qualifications of
the examiners must be indicated in detail;

(d) furnish proof of the quality management system in place to monitor compliance with and the adequacy of the
systems and procedures which ensure that the training services provided satisfy the standards set out in this
Directive;

(e) demonstrate that sufficient funding is available to conduct the training according to the standards set out in this
Directive and that the activities have sufficient insurance cover in accordance with the nature of the training
provided.

2. Certificates must specify:

(a) the national supervisory authority issuing the certificate;

(b) the applicant (name and address);

(c) the type of services which are certified;

(d) a statement of the applicant's conformity with the requirements defined in point 1;

(e) the date of issue and the period of validity of the certificate.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

The Commission adopted its proposal on 12 July 2004.

The European Parliament adopted its opinion in first reading at its plenary session of 7 to 10 March
2005.

On 14 November 2005 the Council adopted its common position in accordance with Article 251 of
the Treaty.

In carrying out its work, the Council also took account of the opinion of the European Economic and
Social Committee (1).

II. ANALYSIS OF THE COMMON POSITION

The common position reflects the outcome of informal contacts between the Parliament, the Commis-
sion and the Council. Although the proposal has been restructured to make it more logical and read-
able, in essence the common position text retains all the principal elements proposed by the Commis-
sion.

Certain modifications have been agreed, however, reflecting either concerns raised by the Parliament in
its first reading (17 of the 21 amendments are addressed in some form in the common position (2)) or
issues raised by the Council. The main changes to the Commission proposal are as follows:

1. Scope (Article 1(2) and (3) and Article 4(1))

The impact of the Directive on civil air traffic controlled by service providers primarily dealing with
military traffic was adjusted to align the approach with that taken under the Single Sky Regulations.

2. Social questions (Recitals 9 and 17)

The recitals were used to clarify, in response to concerns from the European Parliament, that the
Directive would not impact upon existing national provisions governing the employment relation-
ship between controllers and employers, and that further implementing measures would involve
consultation of the social partners at European level.

3. Language requirements (Article 8)

Although the basic requirement for language proficiency at operational level (level 4) proposed by
the Commission is retained (for English and, when deemed necessary for safety,
for a local
language), the common position also permits expert level (level 5) for imperative reasons of safety.

4. Improved mutual recognition (Article 15)

Licences and all their associated ratings, rating endorsements, language endorsements and medical
certificates are clearly made subject to the principle of mutual recognition without conditions. Only
the geographically specific unit endorsements, for which particular conditions can be imposed by
the national authority, remain outside this automatically recognised 'community passport'. In addi-
tion a licence holder working in a Member State other than the one which issued his/her licence,
has the right to exchange the licence for one issued by the country in which he/she is working.

(1) Official Journal C 234, 22.9.2005, p. 17. The Committee of the Regions was also consulted by the Council on

22/09/04.

(2) Only amendments 11, 12, 19 and 21 are not accommodated. Amendment 2 is addressed by means of a Commission

statement made at the occasion of the adoption of the common position.

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5. Roles of the national supervisory authorities in cross-border cases (Article 14)

The common position clarifies that it is only the national authority which issues licences, ratings
and endorsements that has the power to withdraw them. However, the national authority of the
Member State where the controller is working is responsible for the maintenance of ratings and
endorsements and can also suspend them temporarily.

6. Transitional arrangements for existing licence holders (Article 19)

Existing licence holders are exempted from the age and educational requirements for accessing the
profession and from the requirement to complete approved initial training.

7. Minimum and maximum ages (Articles 5, 10 and 15)

The minimum age (for a student licence) is fixed at 18, but the recognition of licence-holders from
other Member States is only obligatory for those aged 21 and above. A Member State retains the
freedom to impose a maximum age, but only as a condition relating to a specific unit endorsement.

8. Additional harmonisation (Annexes I and IV)

The common position includes some additional harmonisation regarding the specifications for
licences (a new Annex I) and requirements for training providers (an expanded Annex IV).

9. Deletion of unnecessary provisions on accounting standards for training providers

The provisions of Article 11 of the Commission proposal on accounting management for training
providers were considered excessive and unnecessary by both Council and Parliament, and do not
feature in the common position text.

III. CONCLUSION

The common position on this Directive retains all the principal elements of the Commission proposal,
adjusted in a balanced and appropriate manner to reflect the concerns of the Council and the Parlia-
ment. It is the result of contacts between the three institutions involved in the framework of the Joint
Declaration on practical arrangements for the new co-decision procedure. (1) The Council has noted the
undertaking given by the President of the Parliament's TRAN Committee,
in the context of these
contacts, to recommend this text for approval by the Parliament without amendment in second
reading, following which the Directive will be deemed to have been adopted in accordance with the
common position.

(1) Official Journal C 148, 28.5.1999, p. 1.