Air transport, civil aviation: technical requirements and administrative procedures, EU-OPS Regulation (amend. Regulation (EEC) No 3922/91)

2000/0069(COD)

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.