(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (10537/3/2007 – C6-0353/2007)(1),

–   having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2005)0579),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to the statements of the Commission annexed hereto,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0482/2007),

1.  Approves the common position as amended;

2.  Instructs its President to forward its position to the Council and Commission.

(1) OJ C 277 E, 20.11.2007, p. 8. (2) Texts adopted, 14.3.2007, P6_TA(2007)0067.

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Regulation (EC) No 216/2008.)

Article 64

As regards Article 64, the Commission states that, when amending Commission Regulation (EC) 593/2007 on the fees and charges levied by the European aviation Safety Agency, the Commission will pay due attention to the specific situation of SME's, and in particular to the impact that level of the fees and charges may have on their economic viability, whilst continuing to ensure both compliance with the principle of non discrimination and that the revenue from the certification activity of the Agency remains sufficient to cover the full cost of the services delivered.

Article 3, point (j), point (i), fourth indent

As regards the definition of complex motor-powered aircraft the Commission will assess the economic impact on markets of the inclusion of aeroplanes equipped with turbojet engines or more than one turboprop engine in such a definition and will request the European Aviation Safety Agency to monitor their safety performance.

Annex II, point (e) (ultra light aircraft)

The Commission will request the European Aviation Safety Agency to conduct formal consultations of all stakeholders and to submit a reasoned opinion for a change to Annex II point (e), aimed at including in it ultra light aircraft of less than 600 Kg, if necessary.