Procedure : 2007/0111(NLE)
Document stages in plenary
Document selected : A6-0468/2008

Texts tabled :

A6-0468/2008

Debates :

Votes :

PV 13/01/2009 - 6.1
Explanations of votes

Texts adopted :


REPORT     *
PDF 133kWORD 62k
3 December 2008
PE 412.334v02-00 A6-0468/2008

on the proposal for a Council decision on the conclusion of an Agreement between the European Community and the United States of America on cooperation in the regulation of civil aviation safety

(10972/2007 - COM(2007)0325 – C6-0275/2008 – 2007/0111(CNS))

Committee on Transport and Tourism

Rapporteur: Paolo Costa

(Simplified procedure - Rule 43(1) of the Rules of Procedure)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council decision on the conclusion of an Agreement between the European Community and the United States of America on cooperation in the regulation of civil aviation safety

(10972/2007 - COM(2007)0325 – C6-0275/2008 – 2007/0111(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (10972/2007 - COM(2007)0325),

–   having regard to Article 80(2), Article 133(4), Article 300(2), first subparagraph, first sentence, and Article 300(4) of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0275/2008),

–   having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A6-0468/2008),

1.  Approves conclusion of the agreement;

2.  Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the United States of America.


EXPLANATORY STATEMENT

The Council granted on 9 March 2004 authorisation to the Commission to conduct negotiations with the United States of America on the reciprocal acceptance of certification findings in the field of civil aviation safety and environmental compatibility. The authorisation envisaged an agreement focusing mainly on two aspects:

· products designed, manufactured, modified, or repaired under the regulatory control of one party to be easily issued the necessary approvals to be registered or operated under the regulatory control of the other party;

· aircraft registered or operated under the regulatory control of one party to be maintained by organisations under the regulatory control of the other party.

The primary objectives of the negotiating mandate were to facilitate trade in goods and services covered by the agreement, to limit as much as possible the duplication of assessments, tests and controls to significant regulatory differences and to rely on the certification system of either party to check conformity with the requirements of the other party.

The negotiated Agreement reflects by and large the structure of a "classical" agreement in the area of aviation safety; it is based on mutual trust of each other’s system and on the comparison of regulatory differences. It entails obligations and methods to cooperate between exporting and importing authority. However, the means how to do so, i.e. how to cooperate and mutually accept each other's certification findings in the area of airworthiness and maintenance are set out in the Annexes to the Agreement, in contrary to the "classical agreements", where this measures are usually put in separate non-binding arrangements at civil aviation authority level. The Annexes broadly reflect the content of the Community's Implementing Rules on airworthiness (Commission regulation N° 1702/2003) and maintenance (Commission Regulation N° 2042/2003) to be modified by the Parties by means of decision of the Bilateral Oversight Board.

The Agreement stipulates that each party shall accept findings of compliance of the other party. To ensure that confidence is maintained in each other a system of continual cooperation and consultation is put in place by means of enhanced cooperation in the framework of audits, inspections, timely notifications and consultations on all matters falling within the scope of the Agreement.

The Agreement is designed to work smoothly on a daily basis so as to solve technical issues arising from its implementation as quickly as possible. To that end a joint committee and several sub-committees are created. The text affords the parties the necessary flexibility to react immediately to safety problems or to set up a higher level of protection they consider appropriate for safety. In order to enable the two sides to deal with such situations without putting at risk the validity of the agreement, specific procedures are foreseen. However, should the parties be unable to remedy satisfactorily a specific situation, the Agreement provides first for the possibility to suspend acceptance of the findings of the contested Competent Authority and second for means and procedures to be followed for the termination of a part of the Agreement or of its entirety.

The Agreement negotiated by the Commission was signed and should be provisionally applied. The proposed Council Decision empowers the President of the Council to designate the person empowered to notify the United States of America that the internal procedures necessary for the entry into force of the Agreement have been completed.

Parliament is entitled to give its opinion on this Agreement under the consultation procedure, in accordance with Rule 83 'International agreements', paragraph 7, which reads as follows:

"Parliament shall give its opinion on, or its assent to, the conclusion, renewal or amendment of an international agreement or a financial protocol concluded by the European Community in a single vote by a majority of the votes cast without amendments to the text of the agreement or protocol being admissible."

On the basis of the above your rapporteur suggests that the TRAN committee should give a favourable opinion on the conclusion of this Agreement.


PROCEDURE

Title

Agreement between the EC and the United States of America on cooperation in the regulation of civil aviation safety

References

10972/2007 – C6-0275/2008 – 2007/0111(CNS)

Date of consulting Parliament

9.7.2008

Committee responsible

       Date announced in plenary

TRAN

2.9.2008

Rapporteur(s)

       Date appointed

Paolo Costa

25.8.2008

 

 

Simplified procedure - date of decision

25.8.2008

Discussed in committee

4.11.2008

 

 

 

Date adopted

2.12.2008

 

 

 

Last updated: 18 December 2008Legal notice