11 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 11 May 2007
|
| Previous Committee Reports | HC 34-xiv (2005-06), para 4 (11 January 2006) and HC 41-iv (2006-07), para 3 (14 December 2006)
|
| To be discussed in Council | 7-8 June 2007
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared
|
Background
11.1 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. 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".[26]
11.2 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
and it sees a progressive widening of EASA's remit. 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 was
compatible with the Convention on International Civil Aviation;[27]
● 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.
11.3 When we reported previously on these documents,
in January and December 2006, we noted that:
● the
Government supports the general objectives of the Commission's
Communication, document (a), but that it thinks it is not yet
clear what role the EASA could most effectively play and that
it will consider detailed proposals as they emerge;
● its
initial concerns, in relation to the draft Regulation, document
(b), about the EASA demonstrating capacity for properly executing
its present responsibilities and competencies before taking on
any new ones had been allayed;
● we
had been told of a generally favourable reaction to the draft
Regulation from those UK interests consulted and had seen a short
partial Regulatory Impact Assessment;
●
concern about the provisions in the draft Regulation applying
the basic principles and essential requirements to airlines and
aircraft from third countries remained;
● all
the relevant technical issues in the draft Regulation had now
been satisfactorily resolved in the course of the negotiations;
and
● the
Government intended to support a general approach on the draft
Regulation at the December 2006 Transport Council.
11.4 In our December 2006 report we commented that
we should like 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 would
make this more difficult. Meanwhile the documents remained uncleared.[28]
The Minister's letter
11.5 The Parliamentary Under-Secretary of State,
Department of Transport (Gillian Merron) writes now about developments
in relation to the draft Regulation. She tells us that a general
approach was adopted by the Transport Council in December 2006
and that it addressed the Government's concerns about the provisions
applying the basic principles and essential requirements to airlines
and aircraft from third countries, that is their compatibility
with the UK's international obligations — under the Chicago
Convention the responsibility for the safety regulation of aircraft
rests with the state in which they are registered. A new article
specifically on aircraft used by a third country operator:
● makes
clear references to the applicability of ICAO standards and recommended
practices;
● states
that these standards must be used as the basis for the implementing
rules to be drawn up by the Commission; and
● requires
that the process by which authorisations are obtained by third
country operators must be simple, proportionate to the complexity
of the operation, cost-effective and efficient in all cases.
11.6 The Minister also tells us that the European
Parliament had its plenary first reading of the draft Regulation
on 13-14 March 2007 at which it adopted 31 amendments. Many of
the amendments were welcome to the Government as they improved
on the original Commission's proposal in a number of respects.
However the Government does not support a number of the other
amendments, including
● a
proposal to give the EASA a role in determining aviation security,
which the Government does not judge to be appropriate, given that
safety and security are two very separate issues;
● a
proposal that the EASA should not fund its continuing airworthiness
activities from fees and charges paid to it by the aviation industry.
As continuing airworthiness activities constitute a critical safety
area the proposal is unwelcome to the Government and it is keen
to ensure that the EASA has an assured funding mechanism for carrying
out this work; and
● proposals
to change the definition of non-commercial operations involving
"complex motor-powered aircraft" and create a new definition
of "light aircraft'" were not welcome to the Government,
as they would introduce unnecessary complexity into the Regulation
and would not provide for an adequate safety oversight by the
authorities.
11.7 The Minister continues that the Council's Aviation
Working Group has met twice to discuss the European Parliament's
amendments. There was a large degree of consensus that 12 of the
amendments were not acceptable, including those of concern to
the Government, and that the rest were either acceptable or acceptable
subject to drafting modifications. The Minister says that the
draft Regulation is to be discussed at the Transport Council on
7-8 June 2007, where a political agreement, which will take account
of the European Parliament amendments acceptable to Member States,
is expected to be reached.
11.8 Finally, the Minister says that the Presidency
has started informal discussions with the European Parliament
and Commission on the issues where the European Parliament's opinion
differs from the Council's position. She says that if these discussions
are successful it may be possible to reach an early second reading
agreement on the proposed Regulation.
Conclusion
11.9 We are grateful to the Minister for this
further account of where matters stand on the draft Regulation.
We have no further questions to ask and now clear both documents.
26 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
27
The "Chicago Convention" which established the International
Civil Aviation Organisation (ICAO). Back
28
See headnote. Back
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