CELEX: 51991PC0222
Language: en
Date: 1991-06-12
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE ON MUTUAL ACCEPTANCE OF PERSONNEL LICENCES FOR THE EXERCISE OF FUNCTIONS IN CIVIL AVIATION

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                          C0M(91) 222 final
                                                                          Brussels, 12 June 1991
                 •.:>'    -
                                                Amendment to the proposal for a
                                                       COUNCIL DIRECTIVE
                                      on mutual acceptance of personnel licences for the
                                            exercise of functions in civil aviation
                                    (presented by the Commission pursuant to Article 149(3)
                                                       of the EEC Treaty)
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                            EXPLANATORY MEMORANDUM
    On 1 December 1989 the Commission presented its proposal for a
    Council Directive on the mutual acceptance of personnel licences in
    civil aviation*1).
2.  At   its Plenary Session of 28 September             1990, the European
    Parliament approved the Commission's proposal subject to certain
    amendments.
3.  After careful examination the Commission has decided to agree with
    a large number of these amendments.           It proposes, therefore, the
    attached amendments.        These are listed hereunder.
4.  The Parliament supports the scope of the Directive (amendments 5
    and 6 ) , the limitation of the scope of the Directive to cockpit
    crew wished by the Council would not be in accordance with
    Community legislation and the case law of the Court of Justice.
    The Commission can also accept the amendments 1 and 2 : the text
    suggested by the Parliament gives a more specific wording; those
    amendments stresses the need to enhance personnel mobility.
    The amendment number 3 contemplates recognition procedures for
    training    establishment          the   Commission   can   accept   those
    amendments.
    For the acceptance phase, priority should be given to flight crew
    only.     The    Commission        can    accept    this     consideration
    (amendment 4 ) .
    The amendment No 7 concerns the safeguard with respect to licence
    holders having infringed regulations : this was foreseen already
    for final version of directive.            The Commission can therefore
    accept this amendment.
    Finally, in amendment No 9, the Parliament wants to make sure that
    the Commission in drafting the harmonized requirements for licences
    and training should take into account the work already in progress
     In the framework of the competent international organizations.
    The Commission can accept this amendment.
5.  The remaining amendments have           not been    incorporated   in  the
    proposal because they are not           relevant to the scope      of  the
    Directive.
(1) COUK00) 472 f*i»l, 1 . 1 2 . 1 W .
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 ---pagebreak---                                       - 3 -
                      Amendment to the proposal for a
                               COUNCIL DIRECTIVE
            on mutual acceptance of personnel licences for the
                  exercise of functions in civil aviation
        Commission text* 1 )                            Amendments
                              (Amendment No 1)
                                First récita
Whereas     the    existence       In       Whereas to epsure the smooth
sufficient        numbers         of        running   and    safety     of   air
appropriately     qualified      and        transport serv ces there is a
licensed personnel Is vital to              need for personnel in sufficient
ensure the smooth and running and           numbers      and      which      are
safety     of     air     transport         appropriately     qua I If led    and
services ;                                  licensed    on    the    basis    of
                                            Community criteria;
                              (Amendment No 2)
                             Ninth recital (new)
                                            Whereas    harmonization      should
                                            eventually     take    place.     in
                                            accordance with       the highest
                                            appropriate level;
 (1) For full text see COM(89) 472 final - OJ Mo       C 10, 16.1.1990, p. 12.
 ---pagebreak---                                       4 -
                             (Amendment No 3)
                             Fifteenth recital
Whereas in order to achieve full          Whereas in order to achieve full
mutual recognition of licences it         mutual recognition of licences
is essential to specify common            leading to the establishment of
requirements   for   licences and         a Community      licence that will
training programmes;                       include    the     most      relevant
                                          professions       in     the     civil
                                          aviat ion sector. it is essential
                                          for the Commission to submit as
                                          soon     as    possible      proposals
                                          establishing         the        common
                                          requirements        for       granting
                                           licences     and     for     training
                                          programmes;
                              (Amendment No 4)
                         Sixteenth recital a (new)
                                           Whereas    in    implementing     this
                                           directive     priority    should    be
                                           given to provisions concerning
                                           the cockpit crew:
                              (Amendment No    5)
                                  Article 1
 This Directive shall apply to             This Directive shall apply to
 licensing      procedures       and        licensing       procedures        and
 requirements of Member States in           requirements of Member States in
 the field of civil aviation with           the field of civil aviation with
 respect   to  flying   crew,    and        respect to flight and cabin crew
 personnel employed    in aircraft         members and ground aeronautical
 maintenance, air traffic control,         staff.
 flight       operations         and
 aeronautical station operators
 ---pagebreak---                                    -s -
                            (Amendment No 6)
                         Article 2(f)-(h) (new)
                                         ( f ) " fJ j. g ht c rew_ members" _jn«5 an?
                                         all categories of pilots, flight
                                        navigators, engineers and radio
                                         telephone operators:
                                         (fl) "cabin crew members" means
                                        hostesses and cabin attendants:
                                         (h) "ground aeronautical staff"
                                        means all aircraft maintenance
                                        techn i c i ans/eng i neers/mechan i cs.
                                        air traffic controllers, flight
                                        operation officers. aeronautical
                                        station operators.
                            (Amendment No 7)
                           Article 3(4)(new)
                                        Member States shall take the
                                        necessary measures           to ensure
                                        that their licence authorities
                                         inform     each     other      of   any
                                        measures taken with regard to
                                         infringements of the respective
                                        national        laws    by    individual
                                         Iicence holders.
                            (Amendment No 8)
                               Article 8(2)
By derogation from paragraph 1          - delete -
Member   States    shall    accept
licences issued by the Federal
Republic of Germany on the basis
of a licence issued by the German
Democratic Republic.
 ---pagebreak---                                     - 6 -
                             (Amendment No 9)
                                Article 9(1)
The   Commission   shall   at    the      The Commission shall as soon as
latest by 31 December 1992 and in         possible and at the latest by
accordance with     the procedure         31 December     1992     and    in
laid down in Article 10, adopt            accordance with the procedure
measures establishing harmonized          laid down in Article 10, adopt
requirements   for   licences and         measures establishing harmonized
training      programmes.         In      requirements for licences and
preparing   the draft of those            training     programmes.        In
measures   the Commission     shall       preparing the draft of those
consult with representatives of           measures the Commission shall
the professions covered by this           closely    cooperate    with   the
Directive.                                relevant             international
                                          organizations and consult with
                                          representatives        of      the
                                          professions    covered    by  this
                                          Direct ive.
                                           Such harmonization shall take
                                           place in accordance with the
                                           highest appropriate standard.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 222 final
                                                      DOCUMENTS
EN                                                                              07
                                 Catalogue number : CB-CO-91-270-EN-C
                                                             ISBN 92-77-73524-4
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