Council Directive 93/65/EEC of 19 July 1993 on the definition and use of compatible technical specifications for the procurement of air-traffic- management equipment and systems

COUNCIL DIRECTIVE 93/65/EEC of 19 July 1993 on the definition and use of compatible technical specifications for the procurement of air-traffic-management equipment and systems
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 (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas air transport in Europe is at present under considerable strain owing to air traffic congestion;
Whereas, so far, management systems have been developed and brought on stream in accordance with International Civil Aviation Organization (ICAO) provisions, which allow national or local interpretation;
Whereas defining and introducing Community standards is an effective approach to the management of general air traffic since the present situation, based on national or local systems, has resulted in the technical and operational incompatibilities which  now hinder the transfer of controlled flights between traffic-control bodies in different Member States;
Whereas the important work undertaken by the European Civil Aviation Conference (ECAC) and Eurocontrol in the field of air-traffic management and the relevant conclusions adopted by ECAC Ministers in April 1990 and March 1992 should be borne in mind;
Whereas functional integration should be effected to remedy traffic congestion and improve the flow of traffic in the short term;
Whereas the process of harmonization and integration would be facilitated if all Member States acceded to the International Convention relating to Cooperation for the Safety of Air Navigation;
Whereas, following resolution 89/C 189/02 (4), the process of all Member States' accession as Contracting Parties to the International Convention relating to Cooperation for the Safety of Air Navigation would be facilitated if those Member States which  are already Contracting Parties to that Convention would strive within Eurocontrol to adopt, where appropriate, measures aimed at facilitating such accession;
Whereas the technical specifications adopted by Eurocontrol comply with ICAO recommended standards and practices;
Whereas the Commission, assisted by a committee of representatives of the Member States, should be authorized, in accordance with the procedure laid down in Council Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of  implementing powers conferred on the Commission (5), to make certain Eurocontrol standards mandatory at Community level;
Whereas European standardization is a key factor in establishing a consistent level of safety in air-traffic management; whereas Eurocontrol and the European standardization bodies should cooperate with each other;
Whereas it should be specified that in accordance with Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (6) the Commission may, after consulting  Eurocontrol, give European standardization bodies mandates to draw up European standards to provide support for air-traffic-management systems;
Whereas in any case any item of equipment legally marketed in one Member State must be able to move freely within the territories of the other Member States;
Whereas the International Convention relating to Cooperation for the Safety of Air Navigation designates Eurocontrol as the appropriate instrument to take the necessary measures to solve the present problems in Europe;
Whereas safety is a key factor in air transport in the Community; whereas this Directive should take account of the existence of the Convention on International Civil Aviation, signed in Chicago on 7 December 1944, which provides for the implementation  of whatever measures are required to ensure the safe and orderly development of international civil aviation;
Whereas Council Directives 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts (7) and 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and  telecommunications sectors (8) apply to the air-traffic-management sector and the awarding entities must be specified;
Whereas in certain Member States the procurement of air-navigation equipment is not covered by the aforementioned Directives; whereas however, the Eurocontrol standards incorporated in the Community legal system must be complied with in all Member  States,