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 amending Council Regulation (EEC) n° 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (EU-OPS) amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2006-10-10
Institutions: European Commission
Subjects: administrative procedure, air safety, civil aviation, harmonisation of standards, safety standard, technical standard

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.10.2006 
COM(2006) 591 final 

2000/0069 (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 

amending Council Regulation (EEC) n° 3922/91 on the harmonisation of technical 
requirements and administrative procedures in the field of civil aviation (EU-OPS) 

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

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2000/0069 (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 

amending Council Regulation (EEC) n° 3922/91 on the harmonisation of technical 
requirements and administrative procedures in the field of civil aviation (EU-OPS) 

1. 

INTRODUCTION 

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

2. 

BACKGROUND 

Date of transmission of the proposal to the EP and the Council
(document COM(2000)121 final – 2000/0069COD) 

24 March 2000 

Date of the opinion of the Economic and Social Committee: 

19 October 2000 

Date of the first opinion of the European Parliament, first 
reading: 

18 January 2001 

Date of transmission of the amended proposal to the EP and 
the Council 
(document COM(2002)30 final – 2000/0069COD) 

04 February 2002 

Date of the second opinion of the European Parliament, first 
reading 

03 September 2002 

Date of transmission of the revised amended proposal to the 
EP and the Council 
(document COM(2004)73 final – 2000/0069COD) 

12 February 2004 

Date of adoption of the Council common position 

14 March 2006 

Date  of  the  opinion  of  the  European  Parliament  second 
reading  

05 July 2006 

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3. 

PURPOSE OF THE PROPOSAL 

•  When  preparing  the  second  aviation  liberalisation  package  in  1989,  the  Council 
and  the  Commission  agreed  that  Community  air  transport  policy  should  also 
address the harmonisation of the regulatory framework applicable to civil aviation 
in  order  to  maintain  a  high  level  of  aviation  safety  and  guarantee  fair 
competition  between  air  carriers.  In  that  context,  the  Community  adopted 
Regulation  3922/91  on  the  harmonisation  of  technical  requirements  and 
administrative procedures in the field of civil aviation with the aim of establishing 
and  keeping  up  to  date  harmonised  rules  for  the  design,  manufacture,  operation 
and maintenance of aircraft, and for personnel and organisations involved in these 
tasks. 

•  Subsequently, the aim of the above mentioned proposal for amending Regulation 
3922/91 is to establish technical provisions applicable throughout the Community 
and  to  harmonise  provisions  on  the  operation  of  aircraft  engaged  in  commercial 
air transportation.  

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  ADOPTED  BY  THE 
PARLIAMENT 

The  Commission  can  accept  all  the  amendments  adopted  by  the  European  Parliament  in 
second reading. They are the result of a compromise package agreed between the European 
Parliament and the Council with a view to the adoption of the Regulation in second reading. 
These amendments favour the approach taken by the Commission in its proposal and address 
the Commission’s concerns on flight-time limitations (FTL) and cabin crew.  

Amendment 19 on a non-regression clause: this amendment introduces a new recital in order 
to  emphasise  that  the  new  Regulation  must  not  lead  to  aviation  safety  being  lowered  in  the 
Member States which already have high standards, irrespective of whether they are laid down 
in legislation or negotiated in a collective agreement. 

Amendment 20 on a scientific and medical evaluation: this amended recital shortens from 3 to 
2 years (following the entry into force of the Regulation) the period within which a scientific 
and  medical  evaluation  of  the  provisions  on  flight  and  duty  time  limitations  and  rest 
requirements and, as appropriate, of the provisions on cabin crews should be made. 

Amendment 21  on night-time cargo-flight operators: introduces a new recital to remedy the 
fact  that  the  rostering  and  working-time  conditions  peculiar  to  express  overnight  cargo 
services and service- providers were omitted from the original Commission proposal and the 
European Parliament report at first reading.  

Amendment 22 on a scientific and medical evaluation of Subparts Q and O: introduces a new 
recital  which  states  that  the  EASA  should  complete  a  scientific  and  medical  evaluation  of 
Subpart Q and, where relevant, of Subpart O on the basis of which, the Commission should, if 
necessary,  draw  up  and  submit  proposals  without  delay  to  amend  the  relevant  technical 
provisions. 

Amendment 23 on the free movement of cabin crew within the Community: introduces a new 
recital  which  emphasises  the  importance  of  maintaining  the  momentum  as  regards  the 

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harmonisation  of  cabin  crew  training  requirements  in  order  to  further  facilitate  the  free 
movement of cabin crew personnel within the single market. 

Amendment 24: specifies that the EASA shall conclude a scientific and medical evaluation of 
the provisions of Subpart Q and, only “where relevant”, of Subpart O of Annex III. 

Amendments 16 and 25: specify that the EASA shall assist the Commission in the preparation 
of proposals for the modification of the applicable technical provisions of “Subpart O and” 
Subpart Q of Annex III. 

The  conclusion  of  the  compromise  package  has  been  facilitated  by  a  declaration  which  the 
Commission  made  during  the  July  2006  Plenary  session  of  the  European  Parliament  (see 
annex). 

5. 

CONCLUSION 

These  amendments  reflect  an  interinstitutional compromise.  Holistically,  they  centre  around 
the  objectives  underpinning  the  Commission’s  proposal,  and  therefore  the  Commission  can 
give a favourable opinion on the proposed amendments as set out above. 

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

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Annex: Declaration of the Commission at the Plenary Session of Parliament of 4 July 
2006 

SCIENTIFIC AND MEDICAL EVALUATION OF SUBPARTS O AND Q 

Declaration by the Commission: 

"As  regards  the  scientific  and  medical  evaluation  of  subparts  O  and  Q  referred  to 

under  Article  8a(1),  the  Commission  confirms  that  this  evaluation  will  include  the 

issue of 'human behaviour in emergency' and the related competency requirements. 

The  Commission  also  confirms  that  if  the  evaluation  by  the  European  Aviation 

Safety Agency (EASA) reveals that it would be necessary to make modifications to 

the  Regulation,  including  its  Annex  III,  it  has  the  intention  to  present  appropriate 

proposals to that end without delay". 

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