52002PC0008

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the safety of third countries aircraft using community airports

(presented by the Commission)

EXPLANATORY MEMORANDUM

I. Introduction

In the wake of the Puerto Plata accident, in January 1996, the Council called upon the Commission to devise proposals to ensure the safety of European citizens travelling in the air or living around airports. To do so, the Commission convened a high level group of aviation safety experts and elaborated with their assistance a Community Aviation Safety Improvement Strategy which was adopted and transmitted to the Council on 12 June 1996 [1].

[1] SEC(96) 2083 final.

That strategy was based on two main streams of actions. On one hand it was recommended to intensify work to maintain and further improve the safety of operations in Europe; this included in particular the creation of a European Aviation Safety Authority for what the Commission adopted on 27 September 2000 a Regulation establishing common rules in the field of civil aviation and creating a European Aviation Safety Agency [2].

[2] COM(2000) 595 final.

The second group of actions was aiming at verifying that third countries actually apply internationally agreed aviation safety standards and at assisting them in doing so when necessary. To follow on this suggestion the Commission proposed in 1997 to the European Parliament and the Council a draft directive on the safety of foreign aircraft which could not be adopted within the time limits prescribed by the Treaty ; it was agreed at that time that a new proposal would be made: such is the purpose of this initiative.

To complement that action it was also necessary to examine what other initiatives can be taken by the Community and its Member States to reach their safety objectives vis-à-vis third countries. As a consequence, a Communication from the Commission on a European Community contribution to World Aviation Safety Improvement was adopted on 16 July 2001 [3].

[3] COM(2001) 390 final.

II. The Safety Assessment of third countries aircraft

There is general agreement on the need to set in place a system for assessing the levels of safety actually achieved by foreign air carriers operating services to and from EU countries.

The High Level Group had discussed the US Federal Aviation Administration (FAA) procedure of systematically checking, for all foreign carriers operating to the United States, the competence of the relevant national authorities to meet their ICAO obligations in terms of safety oversight. It concluded, however, that such a programme would not be suited for Europe, where it would make more sense instead to set up a step-by-step procedure which is triggered by evidence, or suspicions, of safety shortcomings of a foreign airline, described in this document as the SAFA [4] procedure.

[4] Safety Assessment of Foreign Aircraft.

As a consequence, in its action plan, the Commission announced its intention "to present ... a proposal for a Council Directive formalising the SAFA procedure for the assessment of foreign air carriers and the related co-operation mechanism to share and analyse information and draw conclusions. This directive should also include an obligation on Member States to ground aircraft found or suspected to be dangerous".

The operational aspects of the SAFA procedure are presently managed by the Joint Aviation Authorities (JAA) on behalf of the European Civil Aviation Conference (ECAC). As this procedure falls under the responsibilities of ECAC and will not be issued under the JAR codes system, Regulation n°3922/91 [5] does not apply.

[5] Council Regulation (EEC) n°3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, OJ L 373 of 31.12.1991, p. 4.

The aim of this proposal is therefore to set in the Community the legal framework for the introduction and the operational application of such a safety assessment of third countries aircraft while leaving enough margin to the Member States to build the corresponding mechanisms individually or collectively, for example within the JAA, as they see fit.

The results of the institutional debate taking place in the Community for the creation of an European Aviation Safety Agency (EASA) may have an influence on the SAFA programme as it could lead to a transfer to the EASA of the SAFA activities presently carried out by the JAA on behalf of ECAC.

The international safety standards the respect of which is to be controlled are those contained in the Annexes to the Chicago Convention of 1944 to which all Member States are Parties. The Commission has ensured that its proposal is consistent with such international obligations of its Member States under the Chicago Convention by limiting mandatory inspections to aircraft or operators for which there is indication of possible deficiencies and by avoiding to impose systematic random inspections which could be considered as contrary to the Chicago Convention. Detailed examination of the relevant provisions of the Chicago Convention is set out in the Communication "Defining a Community Aviation Safety Improvement Strategy" referred to above.

The need for such an initiative is further reinforced by the recent terrorist events in the United States of America. The safety assessment of third country aircraft can indeed cover the ICAO security requirements of Annex 17 to the Chicago Convention and assist ICAO in the monitoring role it will have to play to ensure the effective and uniform application of these standards.

III. The Gibraltar issue

In February 1997, the Commission adopted a proposal for a Council Directive establishing a safety assessment of third countries aircraft using Community airports [6]. As the proposal was not adopted within the timescale laid down by Article 189c (f) and (g) of the Treaty in force (now Article 252 of the Amsterdam Treaty), the proposal lapsed and the present new proposal is submitted, taking into account the views expressed by the Council in its Common position [7] and the European Parliament in its second reading [8].

[6] Proposal for a Council Directive establishing a Safety Assessment of Third Countries Aircraft using Community Airports, OJ C 124, 21.4.1997, p. 39, OJ C 122, 21.4.1998 and COM(98) 597 final , 14.10.1998.

[7] Common Position (EC) N° 37/98 adopted by the Council on 4 June 1998 with a view to adopting Council Directive 98/.../EC establishing a Safety Assessment of Third-Country Aircraft using Community Airports, OJ C 227 of 20.7.1998, p. 18.

[8] Decision of the European Parliament, OJ C 313 of 12.10.1998, p. 32.

Taking note of the agreement between the British and Spanish authorities concerning the airport of Gibraltar, the Commission finally decided to present again its proposal.

IV. Compatibility with the subsidiarity principle

The Commission has considered the compatibility of the proposal with the principle of subsidiarity by addressing the following questions.

a) What are the objectives of the proposal in relation to the obligations of the Community and what is the Community dimension of the problem -

The third aviation package has created an internal aviation market where the rules for the operation of air services have been largely harmonised thereby providing a satisfactory basis for improving the safety of the Community citizens travelling by air on such services.

Recent experience has shown that carriers from third countries do not always apply the minimum international safety standards while having access to the Community airports thereby creating a threat for Community citizens travelling with such carriers or living near Community airports. In order to address this problem, some Member States already carry out ramp inspections of foreign aircraft but in an isolated manner. The purpose of this Directive is to extend this practice to the whole Community territory.

b) Does competence for the planned activities lie solely with the Community or is it shared with the Member States-

The envisaged action does not relate to an exclusive competence of the Community.

c) Which solution is most efficient in comparison between Community measures and measures of the Member States, what added value does the proposed Community action provide and what are the costs of no action-

Measures taken by Member States in isolation are less efficient than co-ordinated action with exchange of information enabling an earlier identification of possible deficiencies. In addition, Member States would benefit of the strength of a common stance with regard to third countries and avoid that unsafe aircraft could be redirected to neighbouring airports where such inspections would not be carried out.

d) What kind of action is at the disposal of the Community-

In order to provide for homogeneous, effective and well co-ordinated action, it is necessary to introduce legal measures either in the form of a Directive or a Regulation.

e) Is uniform regulation necessary or is it sufficient to draft a Directive which outlines the general objectives while leaving execution to the Member States-

It is considered sufficient to use a framework Directive, setting goals that the Member States will apply with a degree of freedom. However, due to the technical nature of this subject and the need to ensure efficient co-ordination and sharing of information, it has been necessary sometimes to look into matters in more detail.

Accordingly, the Commission reached the conclusion that its proposal is consistent with the principle of subsidiarity.

COMMENTS ON THE VARIOUS ARTICLES

Article 1

This Article states the objective of the Directive.

Article 2

This Article sets the scope of the Directive. It excludes light aircraft which do not participate in commercial air transport and State aircraft.

Article 3

This Article lays down the necessary definitions

Article 4

This Article describes all the information that the Member States will collect in order to facilitate the assessment. It includes the information that will generally be available on aircraft or operators when an abnormal situation arises, the information concerning ramp inspections which have been carried out, the follow-up information after initial ramp inspections and also the information that could be available from other sources than the competent authorities. It also suggests to use a form similar to one given in annex. This phrasing gives the necessary flexibility to modify the form based on the operational experience without having to change the annex.

Article 5

This Article requires the Member States to proceed to ramp inspections of aircraft suspected of non-compliance with international safety standards. It also sets out the procedure, the framework of which is contained in an Annex which also contains a suggested form (same comment on form as in previous Article). The detailed procedure is left to the Member States and leaves them the opportunity to use the operational procedure presently designed by the JAA on behalf of ECAC.

Article 6

This Article describes how the information should be exchanged in order to ensure a Community-wide coverage for the whole system. The detailed operational procedure to set up a compatible data base system and to exchange information is left to the Member States and leaves them the opportunity to use the infrastructure presently designed by the JAA on behalf of ECAC.

Article 7

This Article aims on the one hand at protecting the information exchanged to ensure the functioning of the system, and in particular the confidentality of the voluntary contribution of the crew of the inspected aircraft, in order to facilitate the gathering of useful information without fear of retribution; on the other hand, it aims at publishing regular information to enable the citizens to measure the importance of the exercise and to identify the aircraft grounded as well as the corrective measures subsequently taken.

Article 8

This Article requires the Member States to ground dangerous aircraft and details the actions to be taken to ensure that the grounding can be accomplished.

Article 9

This Article sets out the procedures for the taking of measures for the implementation of the Directive and provides for decisions to address the problems which may have surfaced after the assessment procedure has been applied and a safety hazard has been identified. It gives various possible level of response according to the severity of the hazard.

Article 10

This Article deals with bans and conditions imposed on operators in case of serious concerns for air safety.

Articles 11

This Article establishes the procedure necessary for the application of Articles 9 and 10 by setting up a committee.

Article 13

This Article provides for the drawing up of a report on the application of the Directive and of possible proposals to revise it.

Articles 12, 14 and 15

Procedural Articles.

2002/0014 (COD)

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the safety of third countries aircraft using community airports

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80 (2) thereof,

Having regard to the proposal from the Commission [9],

[9] OJ C ..., ..., p. ...

Having regard to the opinion of the Economic and Social Committee [10],

[10] OJ C ..., ..., p. ...

Having regard to the opinion of the Committee of the Regions [11],

[11] OJ C ..., ..., p. ...

Acting in accordance with the procedure laid down in Article 251 of the Treaty [12],

[12] OJ C ..., ..., p. ...

Whereas:

(1) The Resolution adopted by the European Parliament on 15 February 1996 [13] points to the need for the Community to take a more active stance and develop a strategy to improve the safety of its citizens traveling by air or living near airports.

[13] Resolution B4-0150/96, OJ C 65 of 4.3.1996, p. 172.

(2) The Commission has issued a Communication to the Council and the European Parliament entitled Defining a Community Aviation Safety Improvement Strategy [14].

[14] Communication from the Commission to the Council and the European Parliament, Report by the High Level Group established by the Council Decision of 11th March 1996 addressed to the European Parliament and to the Council, Defining a Community Aviation Safety Improvement Strategy. SEC(96) 1083 final, 12.06.1996.

(3) This Communication clearly identifies that safety may be effectively enhanced by ensuring that aircraft comply fully with the international safety standards contained in the Annexes to the Convention on International Civil Aviation, signed in Chicago on 7 December 1944.

(4) Experience has shown that some third countries do not always implement and enforce international safety standards; and that therefore, in order to improve transport safety in the Community, it is necessary for the monitoring of compliance with international standards to be ensured by the Community Member States themselves at their airports.

(5) The rules and procedures for ramp inspections, including aircraft grounding, should be harmonized to ensure consistent effectiveness in all airports throughout the Community, which in turn would also reduce the selective use of certain airports of destination by third countries aircraft trying to avoid proper control.

(6) A harmonized approach to the effective enforcement of international safety standards by the Member States will avoid distortions of competition and benefit of the strength of a common stance in the relations with third countries.

(7) Information gathered in each Member State should be made available to all the other Member States and the Commission in order to ensure the most efficient monitoring of the compliance of third countries aircraft with international safety standards.

(8) For the above mentioned reasons there is a need for establishing, at Community level, a procedure for the assessment of foreign aircraft and related co-operation mechanisms between Member States to share and analyze information and draw conclusions.

(9) Aircraft landing in the Community at any given time shall undergo an inspection when there is suspicion that they do not comply with international safety standards.

(10) The sensitive nature of safety related information is such that the only way to ensure the gathering of such information is by ensuring its proper usage and the confidentiality of its sources without prejudicing the right of the citizens of the Union to be informed of the efforts made to ensure their safety and of the most serious cases affecting air safety.

(11) Aircraft on which corrective action is required must, where the identified deficiencies are clearly hazardous to safety, be grounded until such time when non-compliance with international safety standards has been rectified.

(12) The facilities in the airport of inspection may be such that the competent authority will be obliged to authorize the aircraft to proceed to an appropriate airport, provided that conditions for a safe transfer are complied with.

(13) It is necessary for the Commission to draft measures in relation to specific cases of safety hazards as well as for the implementation of requirements of Articles 4, 5 and 6, a Committee shall be created and a procedure established for close co-operation between the Member States and the Commission within that Committee.

(14) Since the measures necessary for the implementation of this Directive are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [15], they should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision.

[15] OJ L 184, 17.7.1999, p. 23.

HAVE ADOPTED THIS DIRECTIVE:

Article 1 Objective

The purpose of this Directive shall be to contribute to the improvement of air safety by ensuring that:

- information is collected and disseminated so that sufficient evidence can be established to decide on measures required to ensure the safety of the travelling public as well as of people on the ground;

- third-country aircraft, their operation and crew are inspected whenever there is reasonable suspicion that international safety standards are not being met and such aircraft are grounded if this is necessary to ensure immediate safety;

- appropriate measures for rectification of identified shortcomings are decided and implemented.

Article 2 Scope

This Directive shall apply to third-country aircraft landing at airports located in the Member States.

State aircraft, as defined in the Convention on International Civil Aviation signed in Chicago on 7 December 1944, (hereinafter referred to as "the Chicago Convention"), and aircraft of a maximum take off weight of less than 5 700 kg not engaged in commercial air transport shall be excluded from the scope of this Directive.

This Directive shall not, however, limit the Member States' right, with due regard to Community law, to carry out inspection of, ground, ban, or impose conditions on, any aircraft landing at its airports.

Article 3 Definitions

For the purpose of this Directive:

"grounding" means the formal prohibition of an aircraft to leave an airport, and the taking of such steps as are necessary to detain it;

"international safety standards" means the safety standards contained in the Chicago Convention and its Annexes as in force at the time of the inspection;

"ramp inspection" means the examination of third-country aircraft in accordance with Annex II;

"third-country aircraft" means an aircraft which is not used or operated under the control of a competent authority of a Member State.

Article 4 Collection of information

Member States shall put in place a mechanism to collect any information deemed useful for the fulfilment of the objective stated in Article 1, including:

(a) important safety information accessible, especially, through:

- pilots reports,

- maintenance organization reports,

- incidents reports,

- other organizations, independent from the competent authorities of the Member States,

- complaints;

(b) information on action taken subsequent to a ramp inspection, such as:

- aircraft grounded,

- aircraft or operator banned from the country,

- corrective action required,

- contacts with operator's competent authority;

(c) follow-up information concerning the operator, such as:

- corrective action implemented,

- recurrence of discrepancy.

This information shall be kept, using a standard report form containing the items described, in the form set out in Annex I.

Article 5 Ramp inspection

1. Each Member State shall put in place the appropriate means to ensure that third-country aircraft suspected of non-compliance with international safety standards landing at any of its airports open to international air traffic shall be subject to ramp inspections. In implementing such procedures, particular attention shall be given by the competent authority to aircraft:

- where information has been received indicating poor maintenance condition or obvious damage or defects;

- which have been reported as performing abnormal manoeuvres since entering the airspace of a Member State such as to give rise to serious safety concerns;

- in respect of which a previous ramp inspection has revealed deficiencies which give rise to serious concern that the aircraft does not comply with international standards and where the Member State is concerned that the defects may not have been corrected;

- there is evidence that the competent authorities of the country of registration may not be exercising proper safety oversight; or

- where information collected under Article 4 gives cause for concern about the operator or where a previous ramp inspection of an aircraft used by the same operator has revealed deficiencies.

2. Member States shall ensure that appropriate ramp inspections and other surveillance measures as decided within the framework of Article 9(3) will be implemented.

3. The ramp inspection shall be performed according to the procedure described in Annex II and using a ramp inspection report form containing at least the items described in the form appended to Annex II. On completion of the ramp inspection, the commander of the aircraft shall be informed of the contents of the ramp inspection report, and if defects have been found, the report shall be sent to the operator of the aircraft and to the competent authority concerned.

4. When executing a ramp inspection under this Directive, the competent authority shall make all possible efforts to avoid an unreasonable delay of the aircraft inspected.

Article 6 Exchange of information

1. The competent authorities of the Member States shall participate in a mutual exchange of information.

2. All standard reports referred to in Article 4 and the ramp inspection reports referred to in Article 5(3) shall be made available without delay to the competent authorities of the Member States and the Commission, at their request.

3. Whenever a standard report shows the existence of a potential safety threat, or a ramp inspection report shows that an aircraft does not comply with international safety standards and may pose a potential safety threat, the report will be communicated without delay to each competent authority of the Member States and the Commission.

Article 7 Protection and dissemination of information

1. The information exchanged in accordance with Article 6 shall be used solely for the purpose of this Directive and its access shall be limited to the participating competent authorities and the Commission.

2. Each Member State shall publish half yearly information available to the public concerning:

- the number of aircraft grounded during the previous six month period, including in particular the type of aircraft, the name and country of the operator, the State of registration, the reason for grounding and the airport and date of grounding, as well as any corrective measures notified as a consequence of the grounding,

- type of aircraft, State of registration and name and country of the operators whose aircraft has been detained more than once during the past 24 months, the reason for grounding and the airport and date on which the grounding was imposed, as well as any corrective measures notified as a result of the grounding,

- the list of airports open to international traffic, the number of ramp inspections carried out and the number of movements of third country aircraft at each airport on the list,

- the number of ramp inspections communicated in accordance with the provisions of Article 6, paragraph 3.

3. The Commission may, in accordance with the procedure laid down in Article 11(2), decide on the release of supplementary information to parties likely to benefit from it with regard to improving air safety.

4. Confidentiality of information given voluntarily, in particular by the crew of aircraft subjected to ramp inspections, will be ensured by de-identifying extensively the source of such information.

Article 8 Grounding of aircraft

1. Where non-compliance with international safety standards is clearly hazardous to safety, the competent authority performing the ramp inspection shall ground the aircraft until the hazard is removed.

2. In the event that an aircraft is grounded, the competent authority of the Member State where the inspection took place shall immediately inform the competent authorities of the operator concerned and of the state of registration of the aircraft.

3. If the hazard is such that the aircraft may be safely flown without fare-paying passengers or cargo, the competent authority of the Member State where the inspection took place shall, in co-ordination with the State responsible for the operation of the aircraft concerned, prescribe the necessary conditions under which the aircraft could be allowed to fly safely, without fare-paying passengers or cargo, to an airport at which the deficiencies could be corrected, and inform the States which will be overflown by such aircraft.

Article 9 Safety improvement and implementation measures

1. Member States shall report to the other Member States and to the Commission on the operational measures taken and the resources allocated to implementing the requirements of Articles 4, 5 and 6.

2. On the basis of the information collected under paragraph 1, the Commission may, in accordance with the procedure laid down in Article 11(2), take any appropriate measures to facilitate the implementation of Articles 4, 5 and 6 such as:

- establish the list of information to be collected;

- detail the content of, and procedures for, ramp inspections;

- define the format for the storage and dissemination of data;

- create or support the appropriate bodies for managing or operating the tools necessary for the collection and exchange of information.

3. On the basis of the information received under Articles 4, 5 and 6, and in accordance with the procedure laid down in Article 11(2), a decision may be taken on appropriate ramp inspection and other surveillance measures, in particular of a specific operator or of operators of a specific third country pending the adoption by the competent authority of that third country of satisfactory arrangements for corrective measures,

4. The Commission may take any appropriate measures to co-operate with and assist third countries to improve their aviation safety oversight capabilities.

Article 10 Imposition of a ban or conditions on operation

If a Member State decides to ban or impose conditions on the operation of a specific operator or operators of a specific third country from its airports pending the adoption by the competent authority of that third country of satisfactory arrangements for corrective measures:

a) that Member State shall notify the Commission of the measures taken;

b) the Commission may, in consultation with the Committee laid down in Article 11(1), identify the Community-wide implications of the perceived safety hazard;

c) the Commission may, in accordance with the procedure laid down in Article 11(2), take any measure deemed necessary including the extension to the Community of the measures notified under (a).

Article 11 Procedure for decisions

1. The Commission shall be assisted by the committee instituted by Article 12 of Council Regulation (EEC) n° 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation [16].

[16] OJ L 373, 31.12.1991, p. 4.

2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7 (3) and Article 8 thereof.

3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.

4. The Committee may furthermore be consulted by the Commission on any other matter concerning the application of this Directive such as the identification of the Community-wide implications of the perceived safety hazard as provided for in Article 10.

Article 12 Implementation

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive two years after its entry into force at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 13 Report

Not later than ...... ( [17], the Commission shall draw up a report on its application, and in particular on Article 10, which, inter alia, takes into account developments in the Community and in international fora. The report may be accompanied by proposals for a revision of this Directive.

[17] ) two years after the entry into force of this Directive.

Article 14 Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 15

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX I

>REFERENCE TO A GRAPHIC>

National Aviation Authority (Name)

(State)

SAFA

Standard Report

1NR: _._._._._._._._-._._-._._._._

2Source: SR

3Date: ._._._._._._._ 4 Place: ..._._._._

5 (Unused)

6Operator: _._._ 7AOC number: _._._._._._._._._._._._._._

8State: _._

9Route: from _._._._ 10Flight number: _._._._._._._._._

11Route: to _._._._ 12Flight number: _._._._._._._._._

13Chartered by Operator*: _._._ 14Charterer's State: _._

* (where applicable)

15Aircraft Type _._._._ 16Registration mark _._._._._._._._._._._

17Construction number _._._._._._._._._._._

18Flight crew: State of licensing: _._

19Remarks:

.

.

.

.

.

.

.

20Action taken:

.

.

.

.

.

.

.

21 (Unused)

22National Co-ordinator's name

23Signature

ANNEX II

I. The ramp inspection should cover all or a selection of the following aspects, according to the time available.

1. Checking for presence and validity of the documents necessary for international flights such as: registration certificate, log book, certificate of Airworthiness, crew licenses, radio license, list of passengers and freight...

2. Check that flight crew composition and qualification comply with the requirements of Annex 1 and Annex 6 to the Chicago convention (ICAO annexes).

3. Check of operational documentation (flight data, operational flight plan, technical log), and of flight preparation necessary to show that the flight is prepared according to ICAO annex 6.

4. Check for presence and status of items required for international navigation according to ICAO, annex 6.

- Air operator certificate

- Noise and Emission Certificate

- Operation manual (including MEL [18]) and flight manual.

[18] Minimum Equipment List

- Safety equipment

- Security cabin equipment

- Equipment necessary for the specific flight including radio communication and radio navigation equipment

- Flight recorders.

5. Check that the condition of the aircraft and its equipment (including damages and repairs) ensures continuous compliance with ICAO annex 8 standards.

II. A ramp inspection report must be established after the ramp inspection and must include standard general information described hereunder, and a list of items checked together with an indication of any deficiencies found for each of these items, or of any specific remark is necessary.

>REFERENCE TO A GRAPHIC>

National Aviation Authority (Name)

(State)

SAFA

Ramp Inspection Report

1NR: _._._._._._._._-_._-._._._._

2Source: RI

3Date: _._._._._._._ 4Place: _._._._

5Local time: _._:_._

6Operator: _._._ 7AOC number: _._._._._._._._._._._._._._

8State: _._

9Route: from _._._._ 10Flight number: _._._._._._._._._

11Route: to _._._._ 12Flight number: _._._._._._._._._

13Chartered by Operator* _._._ 14Charterer's State: _._

* (where applicable)

15Aircraft Type _._._._ 16Registration mark _._._._._._._._._._._

17Construction number _._._._._._._._._._._

18Flight crew: State of licensing: _._

19Remarks:

Code / Std / Remark

_._._ _ .

_._._ _ .

_._._ _ .

_._._ _ .

_._._ _ .

_._._ _ .

_._._ _ .

_._._ _ .

_._._ _ .

20Action taken:

.

.

.

21Inspector's names: .

This report represents an indication on which was found on this occasion and must not be construed as a determination that the aircraft is fit for the intended flight.

22National Co-ordinator's name

23Signature

National Aviation Authority (Name)

(State)

>TABLE POSITION>

FINANCIAL STATEMENT

1. Title of operation

Proposal for a Directive of the European Parliament and of the Council on the Safety of Third countries Aircraft using Community Airports.

2. Budget heading involved

B2.702 Transport Safety and A-7031 Obligatory Committees.

3. Legal basis

Article 80(2) EC Treaty

4. Description of operation

4.1 General objective

To contribute to the improvement of air safety by assessing the safety of third countries aircraft using Community airports.

4.2 Period covered and arrangements for renewal

Undefinite

5. Classification of expenditure or revenue

5.1 Non-compulsory expenditure

5.2 Differentiated appropriations

6. Type of expenditure or revenue

Subsidy for joint financing with other sources in the public sector

7. Financial impact

7.1 Method of calculating total cost of operation (relation between individual and total costs)

The costs of the whole programme for the next five years have been calculated using the standards for National Civil Aviation Authorities in Europe, these costs are presently used for budgetary estimations in other international organisations such as ECAC and JAA (European Civil Aviation Conference and Joint Aviation Authorities). This is due to the fact that the activities covered by this Directive will be developed in close co-operation with these two organisations.

The standards are as follows: -manpower: EURO 400 per man/day; -subsistence allowance EURO 200 per day; -average travel costs: EURO 1000 per journey.

The yearly running costs of the total programme have been estimated at EURO 728 950. It is suggested that the Commission participation be limited to around 12% that is to say 85 000 EURO.

7.2 Itemised breakdown of cost

Average yearly cost of 85 000 EURO that will be renewed annually.

7.3 Operational expenditure for studies, experts etc. included in Part B of the budget

See below.

7.4 Schedule of commitment and payment appropriations

Average yearly cost of 85 000 EURO that will be renewed annually.

8. Fraud prevention measures

Control on the basis of justifications by the competent services of the Commission and, if necessary, control on site.

9. Elements of cost-effectiveness analysis

9.1 Specific and quantified objectives; target population

- The objective is to contribute to the improvement of air safety by ensuring that third countries carriers do comply with international safety standards. In order to reach this goal, it will be necessary to make inspection of foreign aircraft landing at Community airports, to collect and disseminate information on these aircraft and to take measures to ensure that corrective actions are taken.

- The subsidy will be given to the international organisation (JAA) which will organise and co-ordinate the whole programme on behalf of the individual States.

- As the general objective is to improve safety by ensuring third countries carriers offer acceptable compliance with international safety standards, the main target population will be all the European travelling public as well as the populations living in the vicinity of airports.

9.2 Grounds for the operation

Each individual Member State will be responsible for the inspections carried out on its airports but a co-ordinated programme including the storage and dissemination of data as well as supplying temporary reinforcement inspectors will be the most cost-effective way to ensure an even application of the programme in the Community, avoiding the risk of third countries carrier using specific airports or Member States to circumvent the inspections.

9.3 Monitoring and evaluation of the operation

The Commission will be closely monitoring the management of the programme by participating in a specially set up Programme Steering Committee

10. Administrative expenditure (Section III, Part A of the budget)

Actual mobilization of the necessary administrative resources will depend on the Commission's annual decision on the allocation of resources, taking into account the number of staff and additional amounts authorized by the budgetary authority.

10.1 Effect on the number of posts

>TABLE POSITION>

10.2 Overall financial impact of human resources

EURO

>TABLE POSITION>

The amounts given must express the total cost of additional posts for the entire duration of the operation, if this duration is predetermined, or for 12 months if it is indefinite.

10.3 Increase in other administrative expenditure as a result of the operation

EURO

>TABLE POSITION>

The expenditures set out in the above table under heading A-7 (obligatory committees) will be covered by credit within the DG TRANS global envelope.