Commission Opinion pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty on the European Parliament's amendments to the Council Common Position regarding the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1592/2002 of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2007-12-19
Institutions: European Commission
Subjects: European Aviation Safety Agency, air safety, aircraft, civil aviation, operation of the Institutions, transport regulations

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.12.2007 
COM(2007) 864 final 

2005/0228 (COD) 

COMMISSION OPINION 

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

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Regulation (EC) No 1592/2002 of 15 July 2002 on common rules in the field of 
civil aviation and establishing a European Aviation Safety Agency 

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

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2005/0228 (COD) 

COMMISSION OPINION 

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

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Regulation (EC) No 1592/2002 of 15 July 2002 on common rules in the field of 
civil aviation and establishing a European Aviation Safety Agency 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission 
shall deliver an opinion on the amendments proposed by the European Parliament at second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  20  amendments  proposed  by 
Parliament. 

2. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and to 
the Council  

(Document COM(2005) 579 final - 2005/0228 (COD)) 

18 November 2005 

Date of the opinion of the European Economic and Social Committee 

21 April 2006 

Date of the opinion of the European Parliament, first reading 

14 March 2007 

Date of adoption of the common position (by unanimity) 

15 October 2007 

Date of adoption of the resolution at second reading by the European 
Parliament comprising 20 amendments to the Common Position 

12 December 2007 

3. 

AIM OF THE PROPOSAL 

The Commission proposal adopted on 15 November 2005 aims to extend the common safety 
rules to air operations, pilot licensing and the safety of third-country aircraft. It also aims to 
strengthen inspections and penalties in the event of non-compliance with these rules and, in 
the  light  of  experience,  to  improve  the  operation  of  the  European  Aviation  Safety  Agency 
(EASA). 

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4. 

THE COMMISSION'S OPINION ON THE EUROPEAN PARLIAMENT'S AMENDMENTS 

The  Commission  can  accept  the  20  amendments  adopted  by  the  European  Parliament  at 
second  reading  as  they  are  the  result  of  the  compromise  reached  between  the  three 
institutions.  

The main changes concern the amendment of the definition of complex aeroplane, the ex ante 
notification of flight time limitation schemes, the establishment of a system of fines and the 
selection  of  members  of  the  Management  Board  on  the  basis  of  their  experience  and 
commitment to act in the interest of the Agency. 

As  part  of  the  compromise  solution,  the  Commission  has  found  it  necessary  to  make  three 
statements: 

RE: Article 63 

As  regards  Article  63,  the  Commission  states  that,  when  amending  Commission  Regulation 
(EC) 593/2007 on the fees and charges levied by the European Aviation Safety Agency, the 
Commission will pay due attention to the specific situation of SMEs, and in particular to the 
impact  that  the  level  of  the  fees  and  charges  may  have  on  their  economic  viability,  whilst 
continuing  to  ensure  both  compliance  with  the  principle  of  non-discrimination  and  that  the 
revenue from the certification activity of the Agency remains sufficient to cover the full cost 
of the services delivered. 

RE: Article 3 (j) (i) fourth indent 

"As regards the definition of complex motor-powered aircraft, the Commission will assess the 
economic impact on markets of the inclusion of aeroplanes equipped with turbojet engines or 
more than one turboprop engine in such a definition and will request the European Aviation 
Safety Agency to monitor their safety performance." 

RE: Annex II point e (ultra light aircraft) 

"The  Commission  will  request  the  European  Aviation  Safety  Agency  to  conduct  formal 
consultations of all stakeholders and to submit a reasoned opinion for a change to Annex II, 
point e, aimed at including in it ultra light aircraft of less than 600 kg, if necessary." 

5. 

CONCLUSION 

Under  Article  250(2)  of  the  EC  Treaty,  the  Commission  is  amending  its  proposal  in 
accordance with the above. 

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