2 Civil aviation safety~
| (35041)
12864/13
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| Draft Commission Regulation (EU) No ... /... of XXX amending Regulation (EU) No. 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No. 216/2008 of the European Parliament and of the Council
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| Legal base | Article 100(2) TFEU; co-decision; QMV
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| Department | Transport
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| Basis of consideration | Transport Committee's Report of 9 September 2013
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| Previous Committee Report | HC 83-vi (2013-14), chapter 4 (19 June 2013)
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| Discussion in Council | Not known
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| Committee's assessment | Politically important
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| Committee's decision | For debate in European Committee A
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Background
2.1 Regulation (EC) No. 216/2008 concerned civil aviation safety,
partly in the context of the Chicago Convention (the 1944 Convention
on International Civil Aviation and its annexes). It established
the European Aviation Safety Agency (EASA) to assist the Commission
in the development and implementation of legislative and non-legislative
safety measures.
2.2 In June the Government drew our attention to
the probable issue of a draft Commission Regulation setting flight
and duty time limitation (FTL) requirements for the crew of aeroplanes
involved in commercial air transport. The proposal is a safety
measure designed to protect crew from levels of fatigue which
would affect their ability to carry out their duties safely. (Separate
legislation already sets limits on working time for social reasons.)
The proposal is based on an Opinion published by the EASA in October
2012[6] and takes the form
of an amendment to Commission Regulation 965/2012, which established
safety standards for air operations.[7]
2.3 When we considered this issue we noted that it
had been the subject of a Transport Committee report[8]
and a Westminster Hall debate.[9]
So we said that, before considering the proposal again, we should
welcome, in terms of Standing Order No. 143(11), an Opinion on
it from the Transport Committee. Meanwhile the proposal remained
under scrutiny.[10]
The Transport Committee's Opinion
2.4 The Transport Committee's response to our request
is in its Report of a short inquiry into the Commission's new
proposal.[11] Whilst
recognising that this is an improvement on the EASA's earlier
proposal, the Transport Committee records a number of continuing
concerns and makes a number of suggestions for Government action.
It also recommends that we should ask the Commission to:
- address the matters raised
in the report, including ensuring effective monitoring of the
new flight time Regulation; and
- provide an assessment of the Regulation two years
after its implementation.
Conclusion
2.5 We are grateful to the Transport Committee
for its response, against a tight deadline, to our request. We
note its conclusions, including its recommendations to us.
2.6 In the light of the Transport Committee's
continued reservations about the Commission's proposals and its
suggestions to the Government as to how matters might be improved,
we recommend that the document be debated in European Committee
A. This will allow Members to examine the issues with the Minister.
The debate should take place before the Council's final decision
on the matter, which we understand is likely to be in October.
2.7 As for the Transport Committee's recommendations
to us we are writing to the Commission as suggested.
6 See http://www.easa.europa.eu/agency-measures/docs/opinions/2012/04/EN%20to%20Opinion%2004-2012.pdf. Back
7
See http://register.consilium.europa.eu/pdf/en/13/st12/st12864.en13.pdf. Back
8
First Report from the Transport Committee, 2012-13, Flight
time limitations, HC 164 and Fifth Special Report from the
Transport Committee, 2012-13, Flight time limitations: Government
Response to the Committee's First Report of Session 2012-13,
HC 558. Back
9
HC Deb, 22 November 2012,
cols. 231WH-248WH. Back
10
See headnote. Back
11
Transport Committee, Sixth report of Session 2013-14, Flight
time limitations: follow up, HC 641: see http://www.publications.parliament.uk/pa/cm201314/cmselect/cmtran/641/64102.htm.
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