EUROPEAN PARLIAMENT
1999
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2004
Committee on Regional Policy, Transport and Tourism
23 November 2000
PE 286.608/14-24
AMENDMENTS 14-24
DRAFT REPORT by Brian Simpson
CIVIL AVIATION
(PE 286.608)
Proposal for a regulation COM(2000) 121 – C5-0170/2000 – 2000/0069(COD)
Text proposed by the Commission
Amendments
(Amendment 14, by Jacqueline Foster)
Recital 3a (new)
(3a) Whereas JAR-OPS affects airlines
based in all ECAC States, and EU-OPS will
only affect those based in the European
Union.
Or. en
Justification:
The justification is self-explanatory in the sense that they are encompassed by the
amendments that have been proposed. It should be noted that JAR-OPS covers both EU and
non-EU countries.
(Amendment 15, by Jacqueline Foster)
Recital 3b (new)
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(3b) Whereas the development of JAR-OPS
has taken many years of careful specialist
work and the purpose of transposition into
EU-OPS is to give its provisions greater
force.
Or. en
Justification:
The justification is self-explanatory in the sense that they are encompassed by the
amendments that have been proposed. It should be noted that JAR-OPS applies to both EU
and non-EU countries.
(Amendment 16, by Jacqueline Foster)
Recital 3c (new)
(3c) Whereas changes to the provisions of
JAR-OPS and EU-OPS, where they affect
safety and technical matters, may only be
made by the Member States and the
national civil aviation regulatory bodies
working together in JAA.
Or. en
Justification:
The justification is self-explanatory in the sense that they are encompassed by the
amendments that have been proposed. It should be noted that JAR-OPS covers both EU and
non-EU countries.
(Amendment 17, by Brian Simpson)
Recital 4a (new)
(4a) Whereas it is evident that flight and
duty time limitations and rest requirements
are essential for safety in aviation.
Therefore, provisions on flight and duty
time limitations and rest requirements,
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which are being negotiated between the
representatives of the airlines and the
employees, should be included in this
Regulation. Should the negotiators reach
an agreement by 1 May 2001, the
Commission should make a proposal to
include the agreement in this Regulation.
Should the negotiators not be able to reach
an agreement, the Commission should
come up with a proposal by 1 September
2001.
Or. en
Justification:
Everybody agrees that flight and duty time limitations and rest requirements are essential for
safety in aviation. Thus, it is hardly acceptable that the proposal to amend Council
Regulation (EEC) No 3922/91, which aims to harmonise the regulatory framework applicable
to civil aviation in order to maintain a high level of safety, is lacking such a vital issue. For
many years, Parliament has continuously asked the Commission to take its responsibility and
to present a proposal to fill this serious gap.
(Amendment 18, by Brian Simpson)
Recital 5
(5) Provisions concerning the Committee
procedure should be amended to take
account of Council Decision 1999/468/EC
of 28 June 1999 laying down the procedures
for the exercise of implementing powers
conferred on the Commission.
(5) Provisions concerning the Committee
procedure should be amended to take
account of Council Decision 1999/468/EC
of 28 June 1999 laying down the procedures
for the exercise of implementing powers
conferred on the Commission. In the
Committee procedure, when dealing with
questions concerning safety, the
representatives of airlines, flight and cabin
crew should be consulted, if possible, and
informed in a timely manner.
Or. en
Justification:
To enhance transparency and information availability, the representatives of airlines, flight
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and cabin crew should be informed about and, if possible, consulted on the decisions made at
committee level regarding safety of flight and cabin crew and their working environment.
(Amendment 19, by Brian Simpson)
ANNEX
Annex III, OPS 1.270
(a) An operator shall establish procedures to
ensure that only such hand baggage is
carried into an aeroplane and taken into the
passenger cabin as can be adequately and
securely stowed.
(a) An operator shall establish procedures
which ensure that hand baggage carried into
an aeroplane shall be no larger than 55 cm
x 40 cm x 20 cm or heavier than 10 kg and
shall be strictly limited to one item per
passenger (plus one small handbag) unless
an adequate and secure supplementary
storage can be provided for baggage in
excess of this requirement.
Or. en
Justification:
In order to establish common minimum requirements it is imperative that the maximum
amount of hand baggage is defined in this Regulation. The pressure on cabin crew at the
aircraft door is immense and the present rules are open to interpretation and abuse. A strict
definition of the hand baggage allowed into the aircraft cabin is needed to reinforce the
current company rules.
(Amendment 20, by Francesco Enrico Speroni)
ANNEX
Annex III, OPS 1.965, point 4(i)
(i) Operator proficiency checks – by a Type
Rating Examiner; and
(i) Operator proficiency checks – by a
commander acting in the capacity of type
rating examiner; and
Or. it
Justification:
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To guarantee greater experience.
(Amendment 21, by Francesco Enrico Speroni)
ANNEX
Annex III, Appendix 1 to OPS 1.965, point (b)(1)(v)
(v) Operator proficiency checks must be
conducted by a Type Rating Examiner.
(v) Operator proficiency checks must be
conducted by a commander acting in the
capacity of type rating examiner.
Or. it
Justification:
To guarantee greater experience.
(Amendment 22, by Francesco Enrico Speroni)
ANNEX
Annex III, Appendix 2 to OPS 1.965, point (c)
(c) A line check shall be conducted by a
commander nominated by the operator and
acceptable to the Authority or by a System
Panel Operator Type Rating Instructor or
Examiner.
(c) A line check shall be conducted by a
commander nominated by the operator and
acceptable to the Authority or by a System
Panel Operator Type Rating Examiner.
Or. it
Justification:
To guarantee greater experience.
(Amendment 23, by Georg Jarzembowski and Ingo Schmitt)
ANNEX
Annex III, Subpart Q (new)
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SUBPART Q
FLIGHT AND DUTY TIME
LIMITATIONS AND REST
REQUIREMENTS FOR FLIGHT CREW
AND CABIN CREW
An operator shall draw up a schedule for
crew members laying down flight and duty
time limitations and rest periods.
Or. de
Justification:
The details of this subpart are at present still being worked out by the airline representatives
and the trade unions. Once the resulting proposal has been considered, the final text will be
incorporated at second reading (cf. the arrangement between the airline organisations and
the trade unions regarding the European agreement on the organisation of working time for
civil aviation aircrew). Should the parties be unable to agree on the text of a standard
arrangement, Parliament, after consulting the Commission, will put forward its own text of
Subpart Q at second reading.
(Amendment 24, by Brian Simpson)
ANNEX
Annex III, Subpart Q (new)
FLIGHT AND DUTY TIME
LIMITATIONS AND REST
REQUIREMENTS FOR FLIGHT CREW
AND CABIN CREW
(a)
An operator shall implement flight
and duty time limitations and rest
requirements for crew members, after
consultation with their representatives.
(b)
The flight and duty time limitations
and rest requirements shall be developed
and shall include the following elements:
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(i)
Daily Limits
(ii)
Cumulative Limits
(iii)
Split Duty
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(iv)
Augmented Crew
(v)
Positioning
(vi)
Reporting Times
(vii)
Rest Requirements
(viii)
Standby
(ix)
Commanders' Discretion
(x)
Flight duty, duty and rest period
records
(xi)
Single Pilot Operations
Or. en
Justification:
The details of this subpart are being negotiated between the representatives of the airlines
and the employees. Once those parties reach an agreement, the Commission should modify its
proposal to include the text of this agreement in Subpart Q. Should the parties not reach an
agreement, the Commission should come up with a proposal.
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