5 Civil aviation safety
| (28721)
10972/07
COM(07) 325
| Draft Decision on the signature of an agreement between the European Community and the United States of America on cooperation in the regulation of civil aviation safety
Draft Decision on the conclusion of an agreement between the European Community and the United States of America on cooperation in the regulation of civil aviation safety
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| Legal base | Articles 80(2), 133(4) and 300(2) EC; consultation; QMV
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| Document originated | 14 June 2007
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| Deposited in Parliament | 21 June 2007
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| Department | Transport |
| Basis of consideration | EM of 3 July 2007
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| Previous Committee Report | None
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| To be discussed in Council | Date not yet set
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
5.1 Community legislation on common rules for civil aviation safety
cover the airworthiness of aircraft and aircraft products.
5.2 In March 2004 the Transport Council agreed a
mandate for the Commission to negotiate a civil aviation safety
agreement with the USA.
The document
5.3 These draft Decisions authorise the signature
and conclusion of an agreement between the Community and the USA.
The agreement is intended to promote safety and environmental
protection in air transport. Its objectives are twofold:
- to enable aircraft and components
which have been designed or manufactured under the regulatory
system of one party to be issued with the necessary approvals
under the regulatory system of the other party, without duplicating
all the assessments done by the exporting authority; and
- to enable aircraft products, including aircraft
registered or operating under the regulatory control of one party,
to be maintained by organisations under the regulatory jurisdiction
of the other party.
5.4 The agreement covers:
- regulatory cooperation and
harmonisation in relation to airworthiness requirements and approvals
of aircraft products and maintenance organisations; and
- reciprocal acceptance of compliance findings
and approvals in civil aviation safety and environmental protection.
The scope of this reciprocal acceptance is defined
in annexes and can be modified by mutual consent of the parties,
with a decision of the Bilateral Oversight Board (on which Member
States' civil aviation authorities are represented).
5.5 Amongst the matters provided for in the agreement
are:
- exchange of safety data on
aviation accidents and incidents;
- enhanced cooperation in quality assurance through
joint audits and the standardisation of inspection activities
related to accreditation and monitoring; and
- cooperation and assistance in enforcement activities.
The agreement does not limit the authority of a party
to react immediately to safety problems or to set up a higher
level of safety protection.
The Government's view
5.6 The Parliamentary Under Secretary of State, Department
for Transport (Jim Fitzpatrick), says the Government is supportive
of the agreement and views it as a logical consequence of the
establishment of common rules in the Community for aviation safety
which came into effect in 2003. He continues that the agreement
will replace a substantial number of bilateral agreements between
the USA and Member States, including the UK, on aviation safety,
and will enable the regulatory systems for both parties to work
more efficiently by removing duplication with regard to the granting
of approvals and streamlining bureaucracy.
5.7 The Minister cites as an example aircraft maintenance,
where many maintenance organisations for European aircraft and
aircraft products are based in the USA and vice versa.
These organisations need to be approved under the Community and
US systems. At present, aircraft maintenance organisations based
in the UK would be granted approvals by the Civil Aviation Authority
(CAA) as well as by the US aviation regulator, the Federal Aviation
Administration (FAA). The agreement promotes cost efficiency in
the regulatory process by enabling the European Aviation Safety
Agency to issue approvals for US-based organisations where the
FAA has already done the necessary checks and the FAA to issue
its approvals for European-based organisations where Member States
have done those checks.
5.8 The Minister comments further that:
- during the negotiations the
Government voiced some concerns about certain provisions in the
proposed agreement, for example over the composition of the Bilateral
Oversight Board. These concerns have now been resolved —
national aviation authorities will now be represented on the Bilateral
Oversight Board — and the CAA is keen for the agreement
to be signed;
- there has been no formal consultation on the
agreement, aside from the CAA, which has been involved in the
negotiations and will be directly affected by the agreement;
- the agreement will not impose any new burdens
on business and should streamline the process for business as
their approvals will be administered by a single aviation regulator;
- the agreement will have minor resource implications
for the CAA, which will be taking over the regulatory oversight
of several FAA-approved maintenance organisations;
- the agreement does have minor resource implications
for the CAA in terms of maintenance approvals because the UK has
not previously had an agreement with the USA concerning maintenance
implementation procedures; and
- the UK has had a long-standing bilateral agreement
with the US regarding certification and production of aircraft
products and parts and the impact of the agreement will be minimal
in this area.
Conclusion
5.9 Although it covers important matters, the
content of this agreement seems unexceptionable. We have no questions
to raise and clear the document.
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