EUROPEAN AVIATION SAFETY AGENCY (14895/05,
Letter from the Chairman to Karen Buck
MP, Parliamentary Under Secretary of State for Transport, Department
Sub-Committee B considered your Explanatory
Memorandum at its meeting on 16 January 2006 and decided to maintain
scrutiny on this document pending receipt of a Supplementary Explanatory
Memorandum and initial Regulatory Impact Assessment following
your investigations into the details of this framework proposal.
Members noted that the Commission is seeking
to extend its competencies in this area. Is this consistent with
the principle of subsidiarity?
In paragraph 196 and 20 of your Explanatory
Memorandum you raise various concerns about the document relating
the attestation and medical certificates
for cabin crew; and
the provisions applying the basic
principles and essential requirements to airlines and aircraft
from third countries.
We trust. that these issues will be resolved
in future discussions on this document.
18 January 2006
Letter from Karen Buck MP to the Chairman
Thank you for your letter of 18 January, regarding
the Explanatory Memorandum that I sent to you on 13 December 2005.
I would like to address the concerns that you raise and am also
submitting an initial Regulatory Impact Assessment (RIA), under
cover of a Supplementary EM.
I would like to comment on the two specific
issues you raise in your letter. Firstly, the consistency of the
extension of competencies with the principle of subsidiarity.
The Government supported Regulation (EC) No 1592/2002 as it recognised
that the establishment and uniform application of common rules
in the field of civil aviation safety and environmental protection
could not be sufficiently achieved individually by the Member
States. The Community already had competence in the field of aviation
safety through Council Regulation 3922/91 on the harmonisation
of technical requirements and administrative procedures in the
field of civil aviation which created a framework for incorporating
Joint Aviation Requirements drawn up by the JAA. The Regulation
repealed Council Regulation 3922/91 and established Community
competence in many areas in which safety requirements were needed.
Regulation (EC) No 1592/2002 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 need for Community competence in these
areas is already, therefore, clearly recognised and endorsed in
the current Regulation. The extension of Community competence
in the proposed regulation is equally consistent with the principle
of subsidiarity. The application of the proposed Regulation to
further areas of aviation safety should ensure a high Community
In your letter you also noted our concerns on
the resolution of issues relating to attestation and medical certificates
for cabin crew and the provisions applying the basic principles
to airlines and aircraft from third countries. The Department's
consultation letter specifically seeks stakeholders' views on
these issues. In addition, my officials are seeking advice from
the Civil Aviation Authority on this matter. This will help the
Government to explore the issues fully and seek to find satisfactory
solutions during consideration of the dossier in Council discussions.
I will, of course, keep you informed as negotiations progress.
7 March 2006