Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation COM(2006) 645 final– 2006/0209 (COD)
Date: 2006-12-13
Institutions: European Economic and Social Committee
Subjects: administrative procedure, air safety, civil aviation, harmonisation of standards, technical regulations

30.12.2006

EN

Official Journal of the European Union

C 325/83

Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the
European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the
harmonisation of technical requirements and administrative procedures in the field of civil aviation

COM(2006) 645 final– 2006/0209 (COD)

(2006/C 325/21)

On 15 November 2006, the Council decided to consult the European Economic and Social Committee,
under Article 71 of the Treaty establishing the European Community, on the abovementioned proposal.

On 21 November 2006, the Committee Bureau instructed the Section for Transport, Energy, Infrastructure
and the Information Society to prepare the Committee's work on the subject.

Given the urgent nature of the work, the European Economic and Social Committee appointed Mr Simons
as rapporteur-general at its 431st plenary session on 13 and 14 December 2006 (meeting of 13 December),
and adopted the following opinion unanimously.

1. Conclusions and recommendations

1.1
The EESC agrees with the Commission's proposal for a
regulation, insofar as the introduction of the ‘regulatory proce-
dure with scrutiny’ will involve the co-legislators more fully in
scrutinising executive acts.

In particular,

this new regulatory procedure must be
2.4
followed when the annexes to a basic instrument are deleted,
amended or replaced or are adapted to scientific and technical
progress. However, the standard regulatory procedure will still
apply to cases where the Commission grants a Member State a
derogation regarding the application of a basic instrument or its
annexes.

In view of the urgent entry into force of the EU-OPS-
the Committee

1.2
Regulation (amended Regulation 3922/91),
recommends the rapid adoption of the Commission's proposal.

Article 8(1), (3) and (4) and Article 11 of Regulation
2.5
(EC) No 3922/91 authorise the Commission to delete, amend or
adapt
the common rules in Annex III using the regulatory
procedure.

2. Introduction

2.1
The Commission proposal aims to amend Council Regu-
lation (EEC) No 3922/91 on the harmonisation of technical
requirements and administrative procedures in the field of civil
aviation (1) to align it with Council Decision No 1999/468/EC
of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (2), as last
of
amended
17 July 2006 (3).

Council Decision No

2006/512/EC

by

Decision No 2006/512/EC introduced a new type of
2.2
procedure for the exercise of implementing powers, the regula-
tory procedure with scrutiny.

2.6
Therefore that Regulation should be amended to provide
for the adoption of these implementing measures using the new
regulatory procedure with scrutiny.

3. General comments

The Decision No 2006/512/EC lay down the procedures
3.1
for the exercise of
implementing powers conferred on the
Commission. With this new decision a new comitology-proce-
dure, the ‘regulatory procedure with scrutiny’ aimed at involving
more closely both Council and Parliament in measures and deci-
sions of ‘quasi-legislative nature’ taken by the Commission.

In fact, this new procedure is to be used when three

3.2
conditions are fulfilled:

2.3
The regulatory procedure with scrutiny must now be
followed for measures of general scope which seek to amend
non-essential elements of a basic instrument adopted in accord-
ance with the procedure referred to in Article 251 of the Treaty,
inter alia by deleting some of those elements or by supple-
menting the instrument by the addition of new non-essential
elements.

(1) OJ L 373, 31.12.1991, p. 4. Regulation last amended by Regulation
(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ L 200, 22.7.2006, p. 11.

— the basic instrument has been adopted in accordance with

the procedure in Article 251 EC

— the basic instrument provides for the adoption of measures

of general scope

— and those measures are designed to amend non-essential
elements of
inter alia, by deleting
some of those elements or by supplementing the instrument
by the addition of new non-essential elements.

the basic instrument,

C 325/84

EN

Official Journal of the European Union

30.12.2006

The Committee considers appropriate the Commission's
3.3
proposal, since the introduction of the ‘regulatory procedure
with scrutiny’ will involve the co-legislators more fully in scruti-
nising executive acts.

The Council Decision No 2006/512/EC applies as from
3.4
the 23 July 2006 encompassing ongoing legislative procedures.
This is the reason why the Commission proposes to complete
the EU- OPS -Regulation with this proposal.

Brussels, 13 December 2006

In view of the urgent entry into force of the EU-OPS-
the Committee

3.5
Regulation (amended Regulation 3922/91),
recommends the rapid adoption of the Commission's proposal.

4. Specific comments

None.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS