Regulation (EC) No 1900/2006 of the European Parliament and of the Council of 20 December 2006 amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation
Date: 2006-12-20
Institutions: Council of the European Union, European Parliament
Subjects: European Civil Aviation Conference, administrative procedure, civil aviation, harmonisation of standards, transport safety

L 377/176

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Official Journal of the European Union

27.12.2006

REGULATION (EC) No 1900/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 December 2006

amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements
and administrative procedures in the field of civil aviation

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

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,

should be able to use the urgency procedure provided for
in Article 5a(6) of Decision 1999/468/EC for the adop-
tion of certain measures.

(5)

Regulation (EEC) No 3922/1991 should therefore be
amended accordingly,

After consulting the Committee of the Regions,

HAVE ADOPTED THIS REGULATION:

Acting in accordance with the procedure laid down in Article
251 of the Treaty (1),

Whereas:

(1)

(2)

(3)

Annex III to Regulation (EEC) No 3922/91 (2) provides
for common technical requirements and administrative
procedures applicable to commercial transportation by
aeroplanes. Those harmonised requirements and proce-
dures apply to all aeroplanes used by Community opera-
tors whether registered in a Member State or in a third
country.

The measures necessary for the implementation of Regu-
lation (EEC) No 3922/91 should be adopted in accord-
ance with Council Decision 1999/468/EC of 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (3).

In particular, the Commission should be empowered to
establish the conditions under which, as provided for in
Regulation (EEC) No 3922/91, the common technical
requirements and administrative procedures set out in
Annex III thereof may be amended or supplemented, or a
Member State exempted from applying them. Since those
measures are of general scope and are designed to amend
non-essential elements of that Regulation, or to supple-
ment it by the addition of new non-essential elements,
they should be adopted in accordance with the regulatory
procedure with scrutiny provided for in Article 5a of
Decision 1999/468/EC.

(4) When, on imperative grounds of urgency regarding the
maintenance of a sufficient level of aviation safety, the
time-limits for the regulatory procedure with
normal
the Commission
scrutiny cannot be complied with,

(1) Opinion of the European Parliament of 30 November 2006 (not yet
published in the Official Journal) and Council Decision of 19 December
2006.

(2) OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Regulation
(EC) No 1899/2006 of the European Parliament and of the Council.
(See page 1 of this Official Journal).

(3) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

Article 1

Regulation (EEC) No 3922/91 is hereby amended as follows:

1) Article 8 shall be amended as follows:

(a) The fourth subparagraph of paragraph 3 shall be

replaced by the following:

‘In such a case, the Commission shall notify its decision
to all Member States, which shall be entitled to apply
that measure. The relevant provisions of Annex III may
also be amended in accordance with Article 11, so as to
reflect that measure.’;

(b) The fourth subparagraph of paragraph 4 shall be

replaced by the following:

‘In such a case, the Commission shall notify its decision
to all Member States, which shall be entitled to apply
that measure. The relevant provisions of Annex III may
also be amended in accordance with Article 11, so as to
reflect that measure.’;

2) Article 11 shall be amended as follows:

(a) Paragraph 1 shall be replaced by the following:

‘1.
The measures, designed to amend non-essential
elements of this Regulation by supplementing it, which
are necessitated by scientific and technical progress and
which amend the common technical requirements and
administrative procedures listed in Annex III, shall be
adopted in accordance with the regulatory procedure
with scrutiny referred to in Article 12(3). On imperative
grounds of urgency, the Commission may follow the
urgency procedure referred to in Article 12(4).’;

(b) In paragraph 2,

the words ‘in Article 12’ shall be

replaced by ‘in Article 12(3)’;

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3) Article 12 shall be replaced by the following:

‘Article 12

The Commission shall be assisted by the Air Safety

1.
Committee (hereinafter referred to as “the Committee”).

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.

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

3. Where reference is made to this paragraph, Article 5a
(1) to (4), and Article 7 of Decision 1999/468/EC shall
apply, having regard to the provisions of Article 8 thereof.

4. Where reference is made to this paragraph, Article 5a
(1), (2), (4) and (6), and Article 7 of Decision 1999/468/EC
shall apply, having regard to the provisions of Article 8
thereof.’.

Article 2

This Regulation shall enter into force on the twentieth day
following its publication in the Official Journal of the European
Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2006

For the European Parliament

The President

J. BORRELL FONTELLES

For the Council

The President

J. KORKEAOJA