11 Safety of aircraft from third countries
| (25081)
15087/03
COM(03) 674
| Commission Opinion on the European Parliament's amendments to the Council's common position regarding the draft Directive on the safety of third countries' aircraft using Community airports
|
| Legal base | Article 80(2) EC; co-decision; QMV
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| Document originated | 13 November 2003
|
| Deposited in Parliament | 26 November 2003
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| Department | Transport |
| Basis of consideration | EM of 9 December 2003
|
| Previous Committee Report | None; but see (24093) 15305/02: HC 63-vi (2002-03), para 13 (8 January 2003)
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| To be discussed in Council | Not known
|
| Committee's assessment | Politically important
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| Committee's decision | Cleared
|
Background
11.1 In January 2003 we considered and cleared an amended draft
Directive to require Member States to inspect aircraft from third
countries when there is concern that they may not meet the minimum
safety standards laid down in the Convention on International
Civil Aviation; to ground aircraft that are found to have serious
defects; and to collect and exchange information on the safety
of foreign aircraft.[18]
The Directive would establish in Community law the Safety Assessment
of Foreign Aircraft (SAFA) programme set up by the European Civil
Aviation Conference (ECAC).[19]
The revised text was the basis of a common position text adopted
by the Council in June 2003. In October 2003 the European Parliament
adopted five amendments to this text.
The document
11.2 The document sets out the Commission's reaction to the five
amendments to the Council's common position adopted by the European
Parliament at its second reading of the draft legislation. The
Commission views are:
- Amendment 1. The Commission rejects a requirement that reports
issued by Member States should be sent to the European Aviation
Safety Agency as well as the Commission, because their subject
matter does not currently fall within the Agency's competence;
- Amendment 2. The Commission accepts a requirement
that its annual report should be available to industry stakeholders
and that it should take account of all information received. But
it rejects a requirement that the report should be open to one
interpretation only, as interpretation is always subjective;
- Amendment 3. The Commission accepts, subject
to redrafting to take account of the draft Directive's comitology
procedure,[20] strengthening
the Commission's ability to propose measures against operators
or States which do not apply international safety standards;
- Amendment 4. The Commission accepts reintroduction
of a two year period, as opposed to the three year one in the
common position text, for transposition of the proposed Directive
by Member States; and
- Amendment 5. The Commission accepts a reduction
to four years, as opposed to the five years in the common position
text, for publication of a report by the Commission on the application
of the proposed Directive.
The Government's view
11.3 The Parliamentary Under-Secretary of State,
Department of Transport (Mr Tony McNulty) tells us that the amendments,
with the exception of the third one, do not alter the substance
of the draft Directive. He adds that the redrafting of the third
amendment proposed by the Commission brings it into line with
the intent of the common position text.
Conclusion
11.4 We clear this document, but in the light
of current concerns about the safety of third country aircraft
following the Sharm el-Sheikh crash we draw progress on this draft
Directive to the attention of the House.
18 See headnote. Back
19
The ECAC has 41 members and its objective is to promote the continued
development of a safe, efficient and sustainable European air
transport system. It seeks to harmonise civil aviation policies
and practices amongst its Member States and to promote understanding
on policy matters between its Member States and other parts of
the world. Back
20
The EU's comitology procedures regulate the exercise by the Commission
of implementing powers conferred on it by the Council and the
European Parliament. They are essentially intended for detailed
measures to implement Community legislation. Back
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