PURPOSE: to amend Council Regulation 3922/91/EEC on the harmonisation of technical requirements

and administrative procedures in the field of civil aviation.

LEGISLATIVE ACT: Regulation 1899/2006/EC of the European Parliament and of the Council amending Council Regulation 3922/91/EEC on the harmonisation of technical requirements and administrative procedures in the field of civil aviation.

CONTENT: the Council adopted by qualified majority a Regulation amending Regulation 3922/91/EEC on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, approving all of the amendments passed by the European Parliament at second reading under codecision procedure. The Swedish delegation abstained from voting.

The Regulation aims in particular at enhancing even further aviation safety and constitutes an important step towards the harmonisation of working conditions for cabin crew, thus promoting a level playing field in commercial air transportation in the EU.

The Regulation basically transposes the non-binding Joint Aviation Requirements - Operational Standards (JAR-OPS) established by the Joint Aviation Authorities at non-binding intergovernmental level into a binding Community legislative act. The subpart on flight time limitation was inserted following an amendment proposed by the European Parliament at first reading.

The Regulation provides for the possibility for Member States to grant exemptions from the technical requirements and administrative procedures specified by this Regulation in the case of unforeseen urgent operational circumstances or operational needs of a limited duration as well as to adopt or maintain provisions on certain OPS until Community rules based on scientific knowledge and best practices are established.

Within a period of two years following the entry into force of the Regulation, the European Aviation Safety Agency will evaluate provisions on flight time limitation and, as appropriate, on cabin crew from a scientific and medical point of view.

ENTRY INTO FORCE: 16/01/2007. Without prejudice to the provisions of Article 11 of Regulation 3922/91/EEC, Annex III (common technical requirements and administrative procedures applicable to commercial transportation by aircraft) shall apply with effect from 16/07/2008.

The Commission can accept all of the amendments adopted by Parliament at second reading. They are the result of a compromise package agreed between the European Parliament and the Council with a view to the adoption of the Regulation at second reading. The amendments agreed upon favour the approach taken by the Commission in its initial approach as well as addressing the Commission’s concerns vis-à-vis flight time limitations (FLT) and concerns regarding cabin crew.

In summary, the amendments agreed upon, are as follows:

Non-regression clause: This amendment introduces a new recital, which emphasises that the new provisions will not lead to a lowering in aviation safety – irrespective of whether they are laid down in legislation or negotiated in a collective agreement.

Scientific and medical evaluation: This amendment shortens from three to two years (following the entry into force of the Regulation) the period within which a scientific and medical evaluation of the provisions on flight and duty time limitations and rest requirements should be made. It also applies, where appropriate, to related provisions on cabin crew.

Night time cargo flight operators : This amendment introduces a new recital, which remedies the fact that the rostering and working-time conditions peculiar to express overnight cargo services and service-providers were omitted from the original Commission proposal and the European Parliament Report at first reading.

Scientific and medical evaluation of Subparts Q and O: This amendment introduces a new recital stating that the EASA must complete a scientific and medical evaluation of Subpart Q and, where relevant, Subpart O, on the basis of which the Commission will, if necessary, draw up and submit proposals to amend the relevant technical provisions.

Free movement of cabin crew within the Community: This amendment introduces a new recital emphasising the importance of maintaining momentum for the harmonisation of cabin crew training requirements. This will help facilitate the free movement of cabin crew personnel within the single market.

The remaining amendments specify that the EASA will assist the Commission in preparing proposals for modifying the applicable technical provisions of “Subpart O” and “Subpart Q”, set out in Annex III. The EASA will only conclude a scientific evaluation of the provisions of Subpart Q “where relevant”.

To conclude, these amendments reflect the inter-institutional compromise reached during the Plenary Session of Parliament on 4 July 2006. In a declaration issued at the time the Commission states that the evaluation of scientific and medical evaluation of subparts O and Q will include the issue of “human behaviour in an emergency”. The Commission also confirms that if an EASA evaluation reveals that it would be necessary to make modifications to the Regulation, including its Annex III, the Commission will present appropriate proposals to that end without delay.

The European Parliament adopted a resolution drafted by Ulrich STOCKMANN (PES, DE) and made some amendments to the common position:

-In an adopted compromise amendment, tabled by EPP-ED, PES, ALDE and Greens/EFA, it was pointed out that the aim of this regulation is to provide harmonised safety standards of a high level, including in the field of flight and duty time limitations and rest periods. But in some Member States, collective labour agreements and/or legislation already exist which provide for better conditions as regards flight and duty time limitations and as regards working conditions for cabin crew. Nothing in the Regulation should be interpreted as limiting the possibility of concluding or retaining such agreements. Member States are allowed to maintain legislation which contains more favourable provisions than those laid down in this Regulation.

- A scientific and medical evaluation of the provisions on flight and duty time limitations and rest requirements, as well as of the provisions on cabin crews where appropriate, should be completed within two years of the regulation's entry into force, rather than three years as proposed. The evaluation should be carried out by the European Aviation Safety Agency, which should also help the Commission to draw up proposals to amend the relevant technical provisions.

- The application of provisions regarding flight and duty time limitations can result in significant disruption of rosters for undertakings the operating models of which are exclusively based on night-time operation. The Commission should, on the basis of evidence to be provided by the parties concerned, carry out an assessment and propose an adjustment of the provisions regarding flight and duty time limitations to take account of these special operating models.

-The course towards further harmonisation of cabin crew training requirements hitherto adopted should be maintained, in order to facilitate the free movement of cabin crew personnel within the Community; in this context, the possibility of further harmonisation of cabin crew qualifications should be re-examined.

The committee adopted the report by Ulrich STOCKMANN (PES, DE) amending - under the 2nd reading of the codecision procedure - the Council's common position on the proposed regulation on the harmonisation of technical requirements and administrative procedures in the field of civil aviation. The main amendments were as follows:

- a scientific and medical evaluation of the provisions on flight and duty time limitations and rest requirements, as well as of the provisions on cabin crews where appropriate, should be completed within two years of the regulation's entry into force, rather than three years as proposed. The evaluation should be carried out by the European Aviation Safety Agency, which should also help the Commission to draw up proposals to amend the relevant technical provisions;

- the committee introduced a safeguard clause stipulating that "under no circumstances" should the provisions of the regulation constitute valid grounds for watering down levels of safety protection existing in the Member States. It would therefore be possible to retain collective agreements which provide for better conditions as regards flight and duty periods;

- as disruption to rosters can often have a negative impact on the safety of operating models of overnight express cargo service providers, MEPs inserted a recital providing for the Commission to carry out an assessment and propose adjustments to the provisions on flight and duty time limitations "to take account of these special operating models";

- finally, the committee called for the harmonisation of cabin crew training "in order to allow for mutual recognition of training qualifications throughout the Community". In this connection, the option of cabin crew licensing should be "investigated further".

The Commission is in a position to accept the common position given that it largely follows the opinion of the European Parliament in first reading. It also appreciates that the delicate and balanced compromise found in the Council text has been arrived at only after very long discussions.

It should be added that the Commission agrees with the view expressed in the common position that in the context of advancing techniques and changing circumstances in the field of modern aviation, given the lengthy period of inter-institutional deliberation needed for the finalisation of the current text, Annex III could already be improved on certain points at this point in time. However, the lengthy work on this voluminous text has now been matured enough for finalisation as it currently stands.

In this respect, the Commission reiterates once again its commitment that its services would as soon as possible after entry into force of the Regulation start the work regarding further fine-tuning and updating of the text via the comitology procedure, whereby it would carefully consider the proactive suggestions for modification that have already been presented by some Member States.

The Council was able to agree on the major lines of the Commission proposal. On some points, however, the Council decided to modify the text, generally in order to make it clearer, simpler and easier to understand.

The Council made some changes to the flexibility provisions in Article 8, namely in paragraph 4, where the Council widened the prerogative for Member States to adopt or maintain provisions relating to a very limited number of OPS (technical requirements and administrative procedures in the field of civil aviation) until common rules based on scientific knowledge and best practices are established at a Community level.

In Article 8a the Council offers that the provisions of Subpart Q (flight time limitation) and, as appropriate, Subpart O (cabin crew) of Annex III should be evaluated from a scientific and medical point of view within a period of three years following the entry into force of the Regulation. Additionally, the Council position places upon the European Aviation Safety Agency (EASA), the

responsibility to carry out this work as well as that of assisting the Commission in preparing proposals for the modification of the technical provisions of Subpart Q as applicable.

The Council states that given the time needed for adaptation to the new technical rules, Member States should apply Annex III with effect from 18 months after entry into force of this Regulation (and not with effect from 6 months, as proposed by the Commission).

Within Annex III itself, the Council has made some modifications in order to align the text fully to JAR-OPS 1 amendment citing the intention to making the text clearer and more precise.

In conclusion, the Council considers that the text of its common position is appropriate and balanced. With respect to the amendment proposed by the European Parliament at first reading relating to “flight time limitation”, the Council observes that this amendment has been entirely taken on board, subject to some minor refinements. The Council holds therefore that the text of its common position ensures that the aim sought by the Parliament's amendment has been achieved.

The Council would encourage the European Parliament to accept the text of the common position as it stands, so that the Regulation can enter into force soon. In this context, as regards in particular Subpart Q (flight time limitation) and, as appropriate, Subpart O (cabin crew) of Annex III, the European Parliament is invited to take into consideration that these Subparts will shortly be subject to a scientific and medical evaluation to be carried out by EASA.

The Council was able to agree on the major lines of the Commission proposal. On some points, however, the Council decided to modify the text, generally in order to make it clearer, simpler and easier to understand.

The Council made some changes to the flexibility provisions in Article 8, namely in paragraph 4, where the Council widened the prerogative for Member States to adopt or maintain provisions relating to a very limited number of OPS (technical requirements and administrative procedures in the field of civil aviation) until common rules based on scientific knowledge and best practices are established at a Community level.

In Article 8a the Council offers that the provisions of Subpart Q (flight time limitation) and, as appropriate, Subpart O (cabin crew) of Annex III should be evaluated from a scientific and medical point of view within a period of three years following the entry into force of the Regulation. Additionally, the Council position places upon the European Aviation Safety Agency (EASA), the

responsibility to carry out this work as well as that of assisting the Commission in preparing proposals for the modification of the technical provisions of Subpart Q as applicable.

The Council states that given the time needed for adaptation to the new technical rules, Member States should apply Annex III with effect from 18 months after entry into force of this Regulation (and not with effect from 6 months, as proposed by the Commission).

Within Annex III itself, the Council has made some modifications in order to align the text fully to JAR-OPS 1 amendment citing the intention to making the text clearer and more precise.

In conclusion, the Council considers that the text of its common position is appropriate and balanced. With respect to the amendment proposed by the European Parliament at first reading relating to “flight time limitation”, the Council observes that this amendment has been entirely taken on board, subject to some minor refinements. The Council holds therefore that the text of its common position ensures that the aim sought by the Parliament's amendment has been achieved.

The Council would encourage the European Parliament to accept the text of the common position as it stands, so that the Regulation can enter into force soon. In this context, as regards in particular Subpart Q (flight time limitation) and, as appropriate, Subpart O (cabin crew) of Annex III, the European Parliament is invited to take into consideration that these Subparts will shortly be subject to a scientific and medical evaluation to be carried out by EASA.

The Council took note of information from the Presidency regarding progress on the proposed amendment to Regulation on the harmonisation of technical requirements and administrative procedures in the field of civil aviation.

The Council examined the text of the “EU-OPS” Regulation and in particular Articles and subparts “O” relating to cabin crew and sub-parts “Q” relating to flight-time limitation. The Council agreed to come back to this issue at one of its next sessions.

PURPOSE: To amend EU Regulation 3992/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation by introducing a new Annex on operational activities.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

CONTENT: Passenger safety and the need for a level playing field are the two driving factors behind the EU’s establishment of harmonised civil aviation provisions. Regulation 3992/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation is the framework legislation which seeks to establish and update harmonised rules for the design, manufacture, operation and maintenance of aircraft. Joint Aviation Requirements (JARs), listed alongside the Regulation are given the force of law within the Community and are devised by the Joint Aviation Authorities (JAA). The proposed amendment to Regulation 3992/91 focuses on the Operational aspect of the Regulation’s scope. It does so by introducing a new Annex dealing specifically with the operational use of commercial aircraft. The new Annex is based on a JAR devised by the Joint Aviation Authority, though the text has been altered slightly to make it compatible with EU law.

JAR-OPS 1, was devised by the JAA in 1997 to cover the operational use of commercial aircraft and deals mostly with cabin crew safety, duty time and crew rest periods. Common rules relating to these issues fall firmly within the scope of Council Regulation 3992/91, both in terms of ensuring high safety standards and in terms of maintaining harmonised provisions for commercial operators. Experts agree that there is a need for JAR-OPS 1 to be incorporated into Community law. However, it has become apparent that, unlike with other JAR codes, the text of JAR-OPS 1 can not be simply attached in annex form to Regulation 3992/91. The reasons are three-fold.

Firstly, the text of JAR-OPS 1 contains certain provisions, which are incompatible with Community law. As such the text requires some adjustments. Secondly, various sticking points relating to the technical content of JAR-OPS 1 require Commission intervention. Thirdly, the requirements of JAR-OPS 1 are such that they will have far-reaching economic and social consequences on those involved in civil aviation. It is, therefore, the duty of the Commission to seek their adoption through the usual methods of open discussion. In other words, the full text is to be processed through the established Community adoption process.

To make it compatible with Community legislation a revised text on harmonised rules for commercial air operation has been devised entitled, “OPS 1: Commercial air transportation (aeroplanes)”. OPS 1, although revised, is based on the content of that prepared by the JAA. For the sake of clarity and consistency, the Commission is proposing to attach the revised text to Regulation 3992/91 as Annex III. The revised Annex includes the following elements:

- A high level of safety standards based on that proposed by the JAA.

- Community provisions limited to what is strictly necessary for the automatic registration of Air Operator Certificates. In other words, the text covers Section 1 of JAR-OPS 1, whilst excluding those parts dealing with acceptable means of compliance or explanatory material to be defined in Section 2 of JAR-OPS 1.

- Ensuring that, for the sake of future amendments, the text resembles, as much as possible, that of JAR-OPS 1. This also makes the text compatible with regulatory systems in JAA countries, which are not a member of the EU.

- Adjusting certain provisions so that they conform to Community law. The revised provisions refer to the registration of aircraft, short term wet-lease-in and exemptions to the operational Directives.

- Giving air operators responsibility for cabin crew safety. Requirements relating to training, age and medical assessment are to be covered by a separate Directive.

- Duty time, rest requirements for crew and flight time limitations will be the matter for later discussions.

Lastly, the establishment of common requirements for commercial air transport by rotorcraft will be dealt with in a similar way to the present proposal. The basis for discussion being the JAA requirements known as JAR-OPS 3.

PURPOSE: To amend EU Regulation 3992/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation by introducing a new Annex on operational activities.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

CONTENT: Passenger safety and the need for a level playing field are the two driving factors behind the EU’s establishment of harmonised civil aviation provisions. Regulation 3992/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation is the framework legislation which seeks to establish and update harmonised rules for the design, manufacture, operation and maintenance of aircraft. Joint Aviation Requirements (JARs), listed alongside the Regulation are given the force of law within the Community and are devised by the Joint Aviation Authorities (JAA). The proposed amendment to Regulation 3992/91 focuses on the Operational aspect of the Regulation’s scope. It does so by introducing a new Annex dealing specifically with the operational use of commercial aircraft. The new Annex is based on a JAR devised by the Joint Aviation Authority, though the text has been altered slightly to make it compatible with EU law.

JAR-OPS 1, was devised by the JAA in 1997 to cover the operational use of commercial aircraft and deals mostly with cabin crew safety, duty time and crew rest periods. Common rules relating to these issues fall firmly within the scope of Council Regulation 3992/91, both in terms of ensuring high safety standards and in terms of maintaining harmonised provisions for commercial operators. Experts agree that there is a need for JAR-OPS 1 to be incorporated into Community law. However, it has become apparent that, unlike with other JAR codes, the text of JAR-OPS 1 can not be simply attached in annex form to Regulation 3992/91. The reasons are three-fold.

Firstly, the text of JAR-OPS 1 contains certain provisions, which are incompatible with Community law. As such the text requires some adjustments. Secondly, various sticking points relating to the technical content of JAR-OPS 1 require Commission intervention. Thirdly, the requirements of JAR-OPS 1 are such that they will have far-reaching economic and social consequences on those involved in civil aviation. It is, therefore, the duty of the Commission to seek their adoption through the usual methods of open discussion. In other words, the full text is to be processed through the established Community adoption process.

To make it compatible with Community legislation a revised text on harmonised rules for commercial air operation has been devised entitled, “OPS 1: Commercial air transportation (aeroplanes)”. OPS 1, although revised, is based on the content of that prepared by the JAA. For the sake of clarity and consistency, the Commission is proposing to attach the revised text to Regulation 3992/91 as Annex III. The revised Annex includes the following elements:

- A high level of safety standards based on that proposed by the JAA.

- Community provisions limited to what is strictly necessary for the automatic registration of Air Operator Certificates. In other words, the text covers Section 1 of JAR-OPS 1, whilst excluding those parts dealing with acceptable means of compliance or explanatory material to be defined in Section 2 of JAR-OPS 1.

- Ensuring that, for the sake of future amendments, the text resembles, as much as possible, that of JAR-OPS 1. This also makes the text compatible with regulatory systems in JAA countries, which are not a member of the EU.

- Adjusting certain provisions so that they conform to Community law. The revised provisions refer to the registration of aircraft, short term wet-lease-in and exemptions to the operational Directives.

- Giving air operators responsibility for cabin crew safety. Requirements relating to training, age and medical assessment are to be covered by a separate Directive.

- Duty time, rest requirements for crew and flight time limitations will be the matter for later discussions.

Lastly, the establishment of common requirements for commercial air transport by rotorcraft will be dealt with in a similar way to the present proposal. The basis for discussion being the JAA requirements known as JAR-OPS 3.