CELEX: 51990PC0442
Language: en
Date: 1990-09-27
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE HARMONIZATION OF TECHNICAL REQUIREMENTS AND PROCEDURES APPLICABLE TO CIVIL AIRCRAFT

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       COM(90) 442 final
                                       Brussels, 27 September 1990
                         Proposal for a
                       COUNCIL PI RECTI YE
 on the harmonization of technical requirements and procedures
                  applicable to civil aircraft
                 (presented by the Commission)
 ---pagebreak---                                      - 2 -
                          EXPLANATORY MEMORANDUM
1. The liberalisation process for aviation seeks to apply the principles
   of the single market to air transport, the first set of measures have
   already   been  adopted   and   the second     set   are   In the     process of
   approval.                                                      ,
   This    liberalisation   process    requires    a    number   of     accompanying
   measures as recognised by the European Parliament which emphasised,
   In Its Resolution of September          1987, the need      for    Inltatives In
   avlat ion safety.
   This   Directive   addresses   those   aspects of      aviation     safety   which
   relate to the airworthiness, operational approval and maintenance
   of  aircraft, engines and other         aircraft    equipment,    and   has   been
   developed In consultation with, and assisted by, the Joint Aviation
   Authorities     (JAA)   and     Industry     (Association      Européenne      des
   Constructeurs de Matériel Aérospatial, AECMA, and the Association of
   European Airlines, AEA).
2. The  free movement    of   aircraft   within    the Community       Is currently
   restricted, mainly due to the differences In technical standards for
   aircraft certification, operation and maintenance.
   This results In a considerable amount of technical work and, in many
   cases, costly modification when an aircraft             Is transfered      between
   registers    of  the   Member    States.    The   differences      In   technical
   standards may also result        in variations     In safety     levels for air
   transport between the Member States.
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3. The Commission recognises that the         liberalisation process for air
   transport, to prepare the Industry for the internal market, must be
   supplemented by Initiatives in aviation safety not only to maintain
   and  Improve current    safety   levels but also to enable the maximum
   benefit  to be achieved     from   the Single Act, consistant         with   the
   minimum cost to the Industry.
4. The Commission has been considering this problem for some time and
   recognises the possibility that, unless specific actions are taken,
   the  increased competition could      result    in a downward pressure on
   safety standards towards a lower level within the Community. The
   objective of this Directive is to provide the framework to maintain
   the high general   level of safety in Europe and for the standards in
   all Member States to achieve the highest          levels currently attained
   within the Community.
5. Aviation safety Is currently the reponsibiIIty of the civil aviation
   authorities    of  the   Member    States.    A    large    number   of   these
   authorities, including all the major european countries with               large
   aviation   interests   both  within    and  outside     the   Community,    have
   established the Joint Aviation Authorities (JAA) organisation under
   the auspices of    the European Civil      Aviation Conference       (ECAC) to
   develop  a   unified   european   approach    to   aviation    safety   and   to
   minimise the differences between the ECAC member states.
6. The high   level of safety of air       transport     in Europe    Is achieved
   through certification, the approval of operational            and maintenance
   procedures, and the Individuals and/or organisations reponslbie for
   carrying out the procedures.
   The JAA have been working       for several     years to develop       European
   technical codes and procedures. (Joint Aviation Requirements -
   JARs). A number of these codes are currently complete, and have been
   Issued, dealing mainly with the certification of aircraft, engines
   and other aviation products.
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   However, a comprehensive set of codes, to cover the whole range, has
   yet to be developed to cover operation, maintenance and the approval
   of  Individuals   and  organisations.   Whilst  work   is continuing   to
   develop these codes     It will   be some time before the process      is
   finished.
7. The adoption of a single set of codes however, is not, in Itself,
   sufficient  to ensure a harmonisation of safety standards, due to
   differences In Interpretation of the requirements, and differences In
   the technical   resources of the    Individual national   civil aviation
   authorities.
   This harmonisation    Is best   achieved, at   this stage, through    the
   creation of technical teams by the JAA, drawn from the authorities to
   carry out all the technical work on behalf of all the Member States.
   This will permit a more efficient use of the limited resources of the
   authorities of the Member States, and enable the smaller authorities
   to be sure that an adequate technical assessment has been carried
   out, whilst at the same time minimising the burden on the Industry.
   Such an approach should ultimately lead to the framework of a single
   European Aviation Authority     thus ensuring    total  harmonisation of
   safety  standards and consistency of      their   implementation. Whilst
   considering that such a result      Is highly desirable and     is to be
   welcomed, It is not at this stage, an objective of the Commission.
   However, it Is considered that appropriate studies on the structure
   of such an organisation should be initiated.
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8.  The current effectiveness of the JAA could be limited by the fact
    that   it   Is   a   purely   volountary     arrangement,     lacking    a    legal
    framework, and that not all EC States are currently members.
    This Directive      is aimed at strengthening        the JAA by making         this
    voluntary   arrangement     binding   by   Incorporating    it   Into   community
     legislation. This will      require the Member       States to adopt       common
    codes of technical requirements and to adhere to the administrative
    requirements and procedures of the JAA.
    The comprehensive set of codes of technical requirements above, is
    being developed and as the Individual codes are completed they will
    be added to the directive through the use of a committee.
9.  Many Member States, either through national research organisations or
    through their civil aviation authorities, carry out               research work
    aimed at   improving civil aviation safety. This work             is rarely co-
    ordinated and consequently Is not as effective as It could be.
    All research work should be co-ordinated through the JAA to ensure
    maximum benefit from the relatively limited funds available.
10. The progressive development         of a complete     set of codes, and         the
    continuous   amendment    of   existing    codes   In the    light   of    service
    experience and technical progress, will require a relatively
    frequent  modification of       Annex   2 of    the Directive. To avoid          an
    unacceptable burden being put on the Council by the submission of
    revised directives several        times a year,     It  is proposed      that   the
    Commission Is empowered to adopt these amendments with the
    assistance of a committee, which will make recommendations to the
    Commission.    This Committee      must   be capable    of  understanding       the
    technical reasoning behind the proposals and consequently It Is
    anticipated    that   Member   States    will  normally    nominate     Committee
    Members from their national aviation administration.
 ---pagebreak---                                        - 6 -
                       COMMENTS ON THE VARIOUS ARTICLES
                                    Article 1
This Article sets the scope of the Directive.
                                    Article 2
This Article lays down the necessary definitions,
                                    Article 3
This Article lays down the common technical requirements and procedures to
be adopted as sole national      codes for the certification of the design,
manufacture and maintenance of aviation products, operation of aircraft,
and of the organisations, persons and services        Involved   In these tasks.
These  codes  will   be   adopted   into   community   legislation  through  the
procedures  specified   in Article    10, and are    indicated   In Annex  2. It
recognizes that, until specific JAR codes are completed. Member States may
continue to use the equivalent national code until the JAR code Is adopted
into community legislation.
 ---pagebreak---                                        - 7-
                                    Article 4
This Article requires the Member States to ensure their civil               aviation
authorities adhere to the arrangements document.
The arrangements require the authorities to commit themselves to co-operate
 In all aspects related to the safety of aircraft, in particular Its design,
manufacture, continued airworthiness, maintenance and operation to ensure
that a high consistent    level of safety Is achieved throughout the Member
States,   to avoid   duplication   of    work  between   the  authorities    and  to
facilitate exchange of products, services and persons not only between the
parties but also between the parties and         others. This is achieved by the
Member   States  Joining  the  JAA    to   develop,  adopt   and  implement    Joint
Aviation Requirements (JARs).
This Article also requires the Member States to take the necessary measures
to enable the Community to participate in the JAA organisations.
                                    Article 5
This Article establishes the mutual acceptance of aviation products that
have been designed, manufactured, operated and maintained            in accordance
with the requirements of this Directive. It Introduces a mechanism by which
products that have not been certificated to the common requirements and
procedures can achieve mutual recognition. This         mechanism   is a technical
assessment, carried out by the JAA, to determine that the level of safety
of   the product is broadly    equivalent     to  that  required   by   the   common
requirements and procedures.
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                                     Article 6
This Article establishes the mutual         acceptance of     the certification of
organisations   and   persons,    Involved     In  the   design,    manufacture    and
maintenance of products and operation of aircraft, In accordance with the
common requirements and procedures of this Directive.
                                     Article 7
This Article recognizes that Member States may need to react Immediately to
a safety problem. In this situation the Member States involved shall inform
the Commission    immediately   of   the problem,     the actions     taken  and   the
reasons  for  its decision,      and   identifying.    If   possible,    whether   the
problem Is non-compliance with the requirements, an Inadequate requirement,
or gap in the requirements.
The  Commission   shall   consult   with   the Member     States    and  the   JAA  to
determine whether the actions taken are Justified and if there Is a need to
revise the common requirements and procedures. In this case the Commission
will ask the JAA to propose a new code, or changes to an existing one.
                                     Article 8
This Article   calls    for  the   co-ordination,    through    the   JAA,  of   civil
aviation safety research within the Member States to improve the efficient
use of resources and enable maximum benefit of such work to be realised.
The Commission shall be      Informed of     the measures taken to achieve co-
ordination and may     take any necessary       initiatives to     Improve such co-
ordlnatIon.
 ---pagebreak---                                   Article 9
This Article provides the mechanism by which the Commission Is notified of
changes: either  to the common    requirements and procedures  specified  in
Annex 2, In the form of a new JAR code or as a change to an existing one;
or modifications to the arrangements specified In Annex 1.
                                 Article 10
The Commission will adopt the changes notified in accordance with Article 9
into Community legislation through the use of a committee.
Where a new code, or change to an existing code, incorporates a national
variant the Commission shall decide, following advice from the committee
whether  this national  variant should be made applicable for all     Member
States, or not included In the common requirements and procedures.
                                 Article 11
This Article lays down to the composition and procedures for the committee.
                                 Article 12
                             Procedural Article
                                 Article 13
                             Procedural Article
 ---pagebreak---                                       - 10 -
                                  Proposal for a
                                COUNCIL Pi RECTIYE
        on the harmonization of technical requirements and procedures
                          applicable to civil aircraft
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 84(2) thereof.
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas   It Is important   to adopt measures with the aim of progressively
establishing the    Internal market over a period expiring on 31         December
1992 as provided for In Article 8(a) of the Treaty-, whereas the Internal
market shall comprise an area without Internal frontiers in which the free
movement of goods, persons, services and capital is ensured;
Whereas the current restrictions on the transfer of aircraft and aviation
products between Member     States would cause distortions       to the  Internal
market; whereas such restrictions are due to different safety provisions In
the Member States-,
Whereas safety    is a basic provision of Community air transport; whereas
according    to the Convention    on  International  Civil   Aviation  signed  in
Chicago   on   7 December   1944, Member  States   have  the   responsibility  to
implement requirements for the safe operation of civil aircraft;
Whereas several European civil aviation authorities have established          the
Joint Aviation Authorities organisation (hereinafter called the JAA), as an
 ---pagebreak---                                         - 11 -
associated    body of    the European Civil      Aviation   Conference,   to develop
arrangements to co-operate on the development and implementation of Joint
Aviation   Requirements     (JARs)   in all   the   fields   related  to   safety  of
aircraft and their operation;
Whereas It Is appropriate to harmonise safety levels by establishing common
requirements and procedures on the basis of JAA codes;
Whereas,   to    facilitate   harmonisation, all     Member   States  should   become
members of      the JAA   and  the Commission     should   participate   in the   JAA
organisations;
Whereas Member      States should accept     the certification of products, and
organisations      or   persons    concerned    with   the    design,   manufacture,
maintenance and operation of products, without further technical work or
evaluation, when the product, organisation or person has been certificated
In accordance with the common requirements and procedures-,
Whereas emergency problems in aviation might arise: whereas in such cases
the Member State must take all appropriate measures: whereas a reason must
be given for the measures and, where the reason is a shortcoming               In the
common requirements and procedures, the Commission should request the JAA
to propose such amendments;
Whereas It is appropriate that funding by the Member states of           research to
Improve   aviation     safety   be  co-ordinated    to  ensure   efficient    use  of
resources and to enable the maximum benefit to be achieved;
Whereas   it    Is appropriate    to delegate    the power   to the Commission     to
introduce new common requirements and procedures, or amendments to existing
ones, as developed by the JAA, assisted by a committee composed of experts
nominated    by   the Member   States,   In accordance    with procedure     I of
                                 1
Council Decision 87/373/EEC< >,
HAS ADOPTED THIS DIRECTIVE:
(1) OJ No L 197, 18.7.1987, p. 33.
 ---pagebreak---                                     - 12 -
                                  Article 1
This Directive shall apply to the harmonisation of technical, operational
and administrative requirements and procedures In the field of safety of
civil aviation with respect to:
             the design, manufacture, operation and maintenance of aircraft
            registered In the Member States of the Community.
            persons and organisations Involved in these tasks.
            the mutual   acceptance within the Commmunlty of certification
            granted by any Member State of the Community      on the basis of
            these requirements and procedures.
                                  Article 2
For the purpose of this Directive :
1.    "certification"   means the legal recognition that a product, service,
      organisation or person complies with the applicable        requirements.
      Such certification comprises the activity of technically checking the
      product, service, organization or person;    and the formal recognition
      of  compliance   with  the  applicable   requirements  by   Issue  of  a
      certificate,   licence, approval  or   other  document  as  required  by
      national laws and procedures.
      In particular, certification of a product Involves :
      (a)   the process of assessing the design of a product to ensure that
             It complies with a set of standards applicable to that type of
            product so as to demonstrate an acceptable level of safety;
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   (b)    the    process    of   assessing    an   individual    product   to   ensure
          that It conforms with the certificated type design;
   (c)    the    issue of     any   certificate required      by national     laws  to
          declare     that   compliance    or   conformity    has  been   found   with
          applicable standards        In accordance with paragraph        (a) or   (b)
          above.
2. "arrangements" means arrangements developed under the auspices of the
   European Civil Aviation Conference, to co-operate In the development
   and Implementation of Joint requirements In all the fields related to
   safety    of   aircraft     and   the   safe   operation    of   aircraft.    These
   arrangements are specified In Annex 1.
3. "product" means any civil aircraft, or aircraft engine, propeller,
   appliance, material, part or component to be installed thereon, new
   or used.
4. "maintenance" means the ongoing process of              Inspections, servicing,
   modification and repair throughout the lifetime of an aircraft needed
   to   ensure     that    the    aircraft    remains   in   compliance     with   the
   certificated     type design      and   consistent   with   a high standard      of
   safety;     this  shall     include   modifications    made    mandatory   by   the
   authorities party to the arrangements in accordance with continuing
   a Irwor t h Iness poI Icy.
5. "national variant" means a national requirement or regulation Imposed
   by a given country additional to, or instead of, a JAR provision. The
   national variants are Indicated in the relevant JAR code.
6. "JAR"   means    "Joint    Aviation    Requirements",     that   is   requirements
   developed and maintained by the JAA Including procedural requirements
   In accordance with the arrangements.
 ---pagebreak---                                   - 14 -
                                Article 3
1. Member States shall adopt as their sole national codes, and apply not
   later   than   1 January   1993,   the   codes   relating   to   the  common
   requirements and procedures specified In Annex 2 and adopted by the
   Commission under Article 10.
2. Where by 1 January     1993, and as    long as, a specific code       Is not
   adopted, Member States may use the relevant part of their existing
   national codes.
                                Article 4
1. Member   States shall   ensure  that   their  civil   aviation   authorities
   meet the conditions for membership of the JAA specified in, and shall
   sign, the arrangements not later than 1 January 1992.
2. Member States shall take the necessary steps to enable the Commission
   to participate In the JAA organisations mentioned in point 4 of the
   arrangements.
                                Article 5
1. Member States shall accept products designed, manufactured, operated
   and   maintained  In   compliance   with   the  common    requirements   and
   procedures, without    further   technical   requirements or     evaluation,
   when   the products   have been certificated or       approved   by  another
   Member   State. When   the original     acceptance   is  for   a  particular
   purpose, or purposes, the subsequent acceptances shall cover the same
   purpose(s).
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2.    Member States shall accept products that have not been certificated
       in compliance with the common requirements and procedures subject to
      a technical assessment, by the JAA, to determine that the product's
       level of safety is broadly equivalent to that required by the common
      requirements and procedures.
                                        Article 6
Member States shall accept        the certification, granted by another            Member
State   In accordance     with    the    common   requirements     and   procedures,   of
organisations    or   persons   concerned     with    the   design,    manufacture,   and
maintenance   of    products,    and    operation    of    aircraft,    without   further
technical requirements or evaluation.
                                        Article 7
1.    Where    a    Member    State      ascertains     that    a    product    designed,
      manufactured,     operated      and   maintained      in  accordance    with   this
      Directive Is likely to Jeopardize aviation safety, it shall take all
      the   appropriate     measures.      The   Member     State    shall   Inform   the
      Commission Immediately of these measures and Indicate the reasons for
       its  decision,    stating     in particular       whether   the   safety   problem
      results from :
             non-compliance of the product with the common requirements and
             procedures,
             an   inadequate    safety     level  of    the   common   requirements   and
             procedures,
             a lacuna In the common requirements and procedures with regard
             to the definition of the product or procedure.
 ---pagebreak---                                      - 16 -
2.    The Commission shall enter into consultation with the Member States
      and the JAA as soon as possible. Where, after such consultation the
      Commission   finds that   the measure    refered  to   In paragraph    1 Is
      Justified, it shall forthwith so inform the Member States. Where the
      measure Is attributed to shortcomings in the common requirements and
      procedures, the Commission shall ask the JAA to develop a new code or
      amendments to an existing code.
                                   Article 8
The Member States shall take the necessary steps to co-ordinate, through
the JAA, their programmes of research for Improvement        In safety of civil
aircraft   and their operation and to inform the Commission        thereof. The
Commission may take, In consultation with the Member States, any useful
initiative to promote such coordination of policies and programmes of
research carried out at national level.
                                   Article 9
Member States shall ensure that the Commission        Is notified of    : new or
amended requirements and procedures when they are completed and agreed In
accordance   with the arrangement's     procedures; and    modification   to  the
arrangements. They shall    also   inform  the Commission of    the extent    and
results of the consultation by the JAA with Industry and other interested
bodies.
 ---pagebreak---                                 - 17 -
                              Article 1Q
1. The Commission Is hereby empowered    In accordance with the procedure
   set out In Article 11 :
         to make the necessary changes to the Annexes;
         to adopt  the codes relating to the common      requirements and
         procedures specified in Annex 2, and amendments to those codes.
2. If a new code, or amendment to an existing code, developed by the JAA
   contains a national variant for a Member State, the Commission shall
   decide, In accordance with the procedure set out In Article 11, to
   make the variant applicable for all Member States, or not to Include
   It In the common requirements and procedures.
                              Article 11
1. The Commission shall be assisted by a committee of an advisory nature
   composed of the representatives of the Member States and chaired by
   the representative of the Commission.
2. The representative of the Commission shall submit to the Committee a
   draft of the measures to be taken. The Committee shall deliver     its
   opinion on the draft, within a time limit which the Chairman may lay
   down according to the urgency of the matter, If necessary by taking a
   vote.
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3.    The opinion shall    be recorded         In the minutes;    in addition, each
      Member  State  shall   have  the      right    to ask  to have   its  position
      recorded In the minutes.
4.    The Commission shall take the utmost account of the opinion delivered
      by the Committee.    It shall     inform the committee of the manner        In
      which its opinion has been taken Into account.
                                  Article 12
1.    Member States shall, after consultation with the Commission,
      take the necessary steps to bring into force the laws, regulations
      and administrative provisions necessary to comply with this Directive
      not  later than 31 December 1991. They shall           Immediately  Inform the
      Commission thereof.
      These provisions shall make express reference to this Directive.
2.    Member States shall comunicate to the Commission all subsequent laws
      and administrative provisions adopted In the field governed by this
      Directive.
                                  A r t i c l e 13
This Directive Is addressed to the Member States.
Done at Brussels,                                For the Council
                                                 The President
 ---pagebreak---                              - 19 -
                                                 ANNEX 1
       ARRANGEMENTS REFERRED TO IN ARTICLE 2 PARAGRAPH 2
"Arrangements Concerning   the Development,  the Acceptance and the
Implementation of Joint Aviation Requirements" signed on 6 December
1989 in Paris.
 ---pagebreak---                                   - 20 -
                                                       ANNEX 2
              Common Requirements and Procedures referred
                              to in Article 3
            Subject                           Adopted by decision of
                                               the Commission on :
1.  General and procedures
    JAR 1      Definitions
    JAR 11     General rule-making procedures
2.  Type Certification of Products and Parts
   a) List of Codes
      JAR 22   Sailplanes and Powered Sailplanes
      JAR 25   Large Aeroplanes
      JAR AWO  All Weather Operations
      JARE     Engines
      JAR P    Propellers
      JAR APU  Auxiliary Power Units
      JAR TSO  Technical Standards Orders
               Author isat ions
      JAR VLA  Very Light Aeroplanes
 ---pagebreak---                                     - 21 -
                                                          ANNEX 2
                                                          Page 2
   JAR 23    Small Aeroplanes
   JAR 23    Commuter Aeroplanes
   JAR 27    Normal Category Rotorcraft
   JAR 29    Transport Category Rotorcraft
   JAR 36    Noise Standards : aircraft type
             and individual certification
   JAR 39    Airworthiness Directives and
             Retroactive requirements
b) Applicability
   JAR 21      Certification procedures for
                 products and parts
 The JAR 21 code defines the code applicable to new products, new
 derivatives, existing products         certificated   to JAA    standards  and
 procedures, changes to a product etc.
 The JAR 21 code states that          the applicable    Issue of the code    is
 defined    taking     into    account     the   date   of    application   for
 certification.    In accordance with the bilateral agreements of           the
 Member States, the date of application for Imported products is the
 date of application to the primary authority.
 The  JAR   21   code    also    makes   provisions   for   equivalent   safety
 demonstrations     or    for    additional    requirements    called   Special
 Conditions   which    may    be   required,   though  not    included  In  the
 airworthiness codes, for the certification of a specific product.
 ---pagebreak---                                    - 22 -
                                                     ANNEX 2
                                                      Page 3
3. Maintenance
   (a)   General
         The   maintenance    of   aircraft   Is   a   responsibility    of the
         operator. Therefore the relevant requirements are specified In
         the appropriate JAR-OPS maintenance chapter           (see paragraph 4
         below).   This    chapter   also   covers   the acceptance      of the
         operators' maintenance      arrangements. Such      acceptance may be
         based    on     certificated     maintenance      organisations    and
         certificated maintenance personnel.
   (b)   List of codes
         JAR-OPS                Maintenance chapter : see paragraph 4 below
         JAR 145                Certification of maintenance organisations
         JAR 65 Sub-Part E      Certification of maintenance personnel
   (c)   Applicability
         The maintenance requirements apply to operators, organisations
         and   persons   and therefore     cover   all   aircraft,   parts and
         components    regardless   of whether     these   aircraft,   parts or
         components have been certificated to a common code.
 ---pagebreak---                                    - 23 -
                                                    ANNEX 2
                                                    Page 4
4. Operations
      JAR-OPS Part 1 Commercial Air Transportation
                        (Aeroplanes)
      JAR-OPS Part 2 General Aviation (all aircraft
                        except helicopters)
                        - Aerial Work
                        - Corporate Operations
                        - Private
      JAR-OPS Part 3  Helicopters
                        - Commercial Air Transportation
                        - Aerial Work
                        - Corporate Operations
                        - Private
5. Certification of Persons
      JAR 61   Certification of Pilots and flight Instructors
      JAR 63   Certification of Flight crew members other than pilots
      JAR 65   Certification of Aircrew other than flight
               crew members.
      JAR 67   Medical standards and certification.
 ---pagebreak---                                    - 24 -
                                                   ANNEX 2
                                                   Page 5
6. Certification of Organisations
      JAR 141  Pilot schools
      JAR 143  Ground Instructors
      JAR 145  Maintenance organisations
      JAR 147  Maintenance personnel training schools
 ---pagebreak---                                                   - 25 -
             COMPETITIVENESS               AND      EMPLOYMENT        IMPACT      STATEMENT
  I. W h a t    is the m a i n       reason         for i n t r o d u c i n g the     measure?
     T h i s p r o p o s a l c o n c e r n s the h a r m o n i s a t i o n of t e c h n i c a l
     r e q u i r e m e n t s and p r o c e d u r e s and t h e i r a p p l i c a t i o n to civil
     aircraft.
     This h a r m o n i s a t i o n will be b a s e d on the a d o p t i o n of
     e u r o p e a n J o i n t A v i a t i o n R e q u i r e m e n t s ( J A R s ) and t h e i r
     a p p l i c a t i o n t h r o u g h the J o i n t A v i a t i o n A u t h o r i t i e s ( J A A )
     organisation.
 11. F e a t u r e s    of the b u s i n e s s       in  question
     All e n t e r p r i s e s w h i c h m a n u f a c t u r e a i r c r a f t     and   aviation
     p r o d u c t s , and a i r c r a f t o p e r a t o r s .
III. W h a t o b l i g a t i o n s   does       this measure          impose     directly     on
     businesses?
     A i r c r a f t and a v i a t i o n p r o d u c t s shall be m a n u f a c t u r e d ,
     o p e r a t e d and m a i n t a i n e d in a c c o r d a n c e w i t h the p r o v i s i o n s
     of this p r o p o s a l .
 IV. What i n d i r e c t o b l i g a t i o n s are n a t i o n a l , r e g i o n a l      or  local
     a u t h o r i t i e s l i k e l y to i m p o s e on b u s i n e s s ?
     Implementation                of the o b l i g a t i o n s     as d e s c r i b e d under   III.
  Y. Are t h e r e any            special       provisions        in r e s p e c t   of  SME's?
     None.
 VI. What       is the l i k e l y       effect       on:
     a ) T_he £ompe.tj_tj_ve.ne.s 1               £^_b£sin£s±
           The i n t e r n a l c o m p e t i t i v e n e s s of e n t e r p r i s e s
           m a n u f a c t u r i n g or o p e r a t i n g a i r c r a f t and a v i a t i o n
           p r o d u c t s will be e q u a l i s e d by a p p l y i n g h a r m o n i s e d
           t e c h n i c a l r e q u i r e m e n t s and p r o c e d u r e s .
           Emp_l o y m e £ t
           No     effect.
 ---pagebreak---                                  - 26 -
YII. Have the relevant r e p r e s e n t a t i v e organisations been
     consul ted?
     The representative o r g a n i s a t i o n s of aircraft
     manufacturers and operators have been consulted. Their
     opinions are as follows:
     Aircraft manufacturers strongly support the proposals            but
     believe the Commission should be requiring the
     establishment of a single european aviation
     administration as soon as p o s s i b l e .
     The aircraft operators also support the proposals but are
     concerned about the possible introduction of a further
     layer of bureaucracy in an, already, highly regulated
     industry.
 ---pagebreak---                                                                                 ISSN 0254-1475
                                                                COM(90) 442 final
                                                      DOCUMENTS
EN                                                                                         07
                                  Catalogue number : CB-CO-90-503-EN-C
                                                               ISBN 92-77-64734-5
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