3 Aviation safety
| (a)
(27049)
14895/05
COM(05) 578
(b)
(27050)
14903/05
COM(05) 579
|
Commission Communication: Extending the tasks of the European Aviation Safety Agency — an agenda for 2010
Draft Regulation 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
|
| Legal base | (a) —
(b) Article 80(2) EC; co-decision; QMV
|
| Department | Transport |
| Basis of consideration | Minister's letter of 28 November 2006
|
| Previous Committee Report | HC 34-xiv (2005-06), para 4 (11 January 2006)
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| Discussed in Council | 11 December 2006
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| Committee's assessment | Politically important
|
| Committee's decision | Not cleared, further information requested
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Background
3.1 Regulation (EC) No 1592/2002 set out basic principles and
essential requirements in areas related to the certification of
aeronautical products and appliances, established the European
Aviation Safety Agency (EASA) and required the Commission to bring
forward proposals covering air transport operators and related
personnel (in particular flight crew) and third-country aircraft
as soon as possible.
3.2 The EASA is an independent Community body with a legal personality
and autonomy in legal, administrative and financial matters. The
Commission sees it as a necessary complement to establishing an
internal market in air transport — the "Single European
Sky".[10]
3.3 The Commission's Communication, document (a), seeks to make
a case in broad terms for its view of how the tasks of the EASA
should expand by 2010 to encompass all aspects of aviation safety.
It sees a progressive widening of EASA's remit:
- first into the safety of air operations, licensing of pilots
and, in so far as compatible with the Convention on International
Civil Aviation,[11] by
bringing third-country aircraft within the scope of its basic
principles and essential requirements (covered by document (b));
- then, in a draft Regulation to be presented during 2006, into
the safety of air traffic management, air navigation services
and airports (related to Single European Sky initiatives); and
- finally, if appropriate, into the safety of possible new providers
and professions, such as in the field of satellite navigation.
3.4 The draft Regulation in document (b) would amend Regulation
(EC) No 1592/2002 so as to:
- establish basic principles and essential requirements in the
areas of aircraft operation and pilot licensing;
- have the Commission, assisted by the EASA, adopt, through
comitology procedures, procedural rules to implement the essential
requirements;
- make Member States responsible for applying these rules;
- have Member States monitored by the Agency to ensure correct
application of the rules;
- apply all of the basic principles and essential requirements
(existing and new) to third-country aircraft to the extent that
this is compatible with the Chicago Convention);
- require the Commission to establish how third-country aircraft
would show compliance with the requirements and the EASA to issue
certificates to third-country operators;
- provide for accreditation by the EASA of qualified bodies
conducting certification tasks on its behalf;
- simplify flexibility provisions, under which Member States
can derogate from the provisions of the Regulation;
- change the governance of the EASA in relation to the composition,
methods of appointment and voting of the Management Board and
create an Executive Board; and
- provide for collective oversight, by Member States and the
EASA, of all aircraft operating in the Community.
3.5 When we considered these documents in January 2006 we recognised
the importance of aviation safety, but noted that the Government
had not yet consulted interested parties on the draft Regulation
nor had it been able to consider it in detail. So we decided to
keep the documents under scrutiny and not to consider them further
until hearing the outcome of the proposed consultations and more
about the Government's views of the proposal.
The Minister's letter
3.6 The Parliamentary Under-Secretary of State, Department of
Transport (Gillian Merron) writes now to tell us where matters
stand in relation to the draft Regulation, document (b). On the
Government's consultation, which took place between January and
June 2006, the Minister says that 28 separate responses were received
from a wide range of respondees and that as part of the consultation
process a symposium was held which generated a significant level
of interest. In summary, many respondents expected medium to long
term savings as costs fell due to economies of scale across the
Community. They were also generally happy with the proposed operating
provisions covering Community carriers. Additionally, respondents
felt that the provision of a pan-European recreational pilot's
licence would be beneficial, with the free movement this entails,
as was the use of a general practitioner for the medical certification
of such a licence.
3.7 The Minister continues that her Department has worked closely
with the Civil Aviation Authority in the negotiation on the proposal
and has taken account of the views of interested parties. She
also attaches a short partial Regulatory Impact Assessment which
is based on the answers to the consultation. This lists benefits
as:
- in the medium to long term respondents expected costs to reduce
due to savings of scale across the Community;
- use of assessment bodies (bodies approved to assess conformity
in relation to the essential requirements of the legislation)
was felt to be beneficial by some respondents, who put themselves
forwards as likely candidates;
- provision of a pan-European recreational pilot's licence,
with the free movement this entails, was viewed favourably; and
- use of a general practitioner in such a licence was felt to
be positive and less costly than an aero-medical examiner.
3.8 The assessment notes that costs are likely to come from a
period of adaptation, by both industry and the Agency. It says
that:
- as it is expected that the implementing measures for operations
and pilot licensing will largely be based on existing harmonised
requirements agreed by the Joint Aviation Authorities (JAA)[12]
it is unlikely that they will impose any significant financial
burden on the industry; and
- concerns were expressed as to the adverse regulatory impact
of a cabin crew licence and medical certificate scheme. It was
argued that this would not improve safety levels.
3.9 The Minister comments that it is difficult at this stage to
be any more precise about anticipated regulatory impacts as these
will depend to a large extent on the final text of the proposal,
and on the detailed implementing rules, which have yet to be written.
3.10 On the negotiations of the draft Regulation the Minister
reminds us that when it was published in December 2005 the Government
had significant concerns — it told us "it is vital
that the agency [the EASA] should demonstrate it is capable of
properly executing its present responsibilities and competencies
before taking on any new ones". She says, however, that the
EASA's performance has improved very significantly since then
and continues to do so.
3.11 The Minister also reminds us that the Government had concerns
on the issue of attestations and medical certificates for cabin
crew and on the provisions applying the basic principles and essential
requirements to airlines and aircraft from third countries. She
says that in negotiations it has continued to address these issues,
and in the case of cabin crew attestations has agreed that the
measures to be adopted should not go further than those already
agreed in Council Regulation 3922/91 (as amended) on the harmonisation
of technical requirements and administrative procedures in the
field of civil aviation.[13]
3.12 Finally, the Minister tells us that all the relevant technical
issues in the proposal have now been satisfactorily resolved in
the course of the negotiations and that the December 2006 Transport
Council is asked to agree a general approach on the text, a request
which the Government intends to support.
Conclusion
3.13 We are grateful to the Minister for the information she
now gives us and note the satisfactory progress on the measure.
However, we should be grateful to know more about the Government's
efforts to allay concern about the provisions applying the basic
principles and essential requirements to airlines and aircraft
from third countries, in particular whether agreeing a general
approach makes this more difficult.
3.14 Meanwhile the documents remain uncleared.
10 Creation of the Single European Sky is governed
by Regulations (EC) Nos 549/2004 (the framework Regulation), 550/2004
(the service provision Regulation), 551/2004 (the airspace Regulation)
and 552/2004 (the interoperability Regulation). Back
11
The "Chicago Convention" which established the International
Civil Aviation Organisation. Back
12
The JAA is an associated body of the European Civil Aviation Conference,
in which the civil aviation regulatory authorities of 42 European
States cooperate on civil aviation matters. The 40 members of
the JAA co-operate in developing and implementing common safety
regulatory standards and procedures - emphasis is placed on harmonising
JAA regulations with those of the USA. Council Regulation (EEC)
3922/91 requires the civil aviation authorities of all Member
States to be members of the JAA. Currently the role of the
JAA is being adjusted to take account of the overlap with that
of the EASA and the need to maintain alignment of standards and
procedures in European countries not covered by the EASA's remit. Back
13
(27960) 14581/06; see HC 41-i (2006-07), para 20 (22 November
2006). Back
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