Thank you for your Explanatory Memorandum outlining the Commission's Opinion on the European Parliament's amendments to the Council's Common Position. Sub-Committee considered it at its meeting on 4 February.

Although it was agreed to clear the document from scrutiny, the Committee notes the Government's concerns about the amendments made by the European Parliament. The amended proposal would allow the Commission to impose administrative fines on aviation operators. The Government resisted granting the Commission a similar power in the area of Maritime Classification Societies. The Committee would appreciate further information from the Government on what steps it will take to influence the implementing rules drawn up to govern this power.

  The Committee would also appreciate further details on action the Government intends to take concerning the need for all changes to flight time limitation schemes to be approved by the EASA. The Explanatory Memorandum states that this amendment is important but does not outline how the Government intends to proceed.

  Furthermore, the Committee would appreciate further information on what actions the Government will be taking to ensure that the implementing rules on the attestation of cabin crew training are evidence-based and proportionate.

  Finally, the Committee would be interested to know who will be responsible for reporting contraventions of the regulations to the EASA. In cases where an operator based in one Member State is operating in another, would it be the home or the host Member that would have this responsibility? Also, who is responsible for ensuring that these common rules are consistently applied across the Member States?

3 February 2008

  Thank you for your letter of 5 February 2008, requesting more information on the implementing rules that the European Aviation Safety Agency (EASA) will publish in due course on air operations and flight crew licensing.

  As a general comment on the procedure for adopting the implementing rules, EASA will be consulting on all the proposed requirements from May 2008. The Department for Transport will be responding to these consultations, informed by technical advice from the Civil Aviation Authority (CAA), and will encourage industry and other stakeholders to respond as well. Following its analysis of consultation responses, EASA will issue a number of legal opinion's to the European Commission. The Commission will then propose a set of technical regulations to the EASA Committee under comitology procedures. The Committee, on which the UK Government is represented, will meet to negotiate and, in due course, vote on the Regulations. One of the key ways for the Government to influence the implementing rules will therefore be through its formal negotiating role on the EASA Committee.

  The new Regulation will enable the Commission, at the Agency's request, to impose fines on undertakings to which the Agency has issued a certificate, where the implementing rules have been breached. It is important to note that the majority of certificates under the EASA regulatory system are issued by the National Aviation Authorities, not EASA. For example, the CAA will continue to issue the Air Operator's Certificate for UK airlines under the EASA system. Therefore it is not anticipated that the fines will have a major impact on the UK's aviation sector. Nevertheless, the Government recognises the importance of this amendment and will engage with the Agency and the Commission in the development of the implementing rules and participate fully in any working groups convened to discuss enforcement matters.

  With regard to the requirements governing flight time limitation schemes, EASA has recently commissioned scientific research into the provisions of Subpart Q of Annex III to Regulation 3922/91, known as EU OPS. The CAA will take a keen interest in this research project as it progresses. The Government will encourage EASA to use the latest available scientific and medical evidence to inform its certification specifications. The Government is keen to ensure that the requirements for the attestation of cabin crew training remain proportionate and, together with Ireland and Netherlands, adopted a statement in the Council minutes to this effect. The CAA will request that the Agency sets up a rulemaking group to draw up the requirements on cabin crew at the next meeting of the Advisory Group of National Authorities, which advises the Agency on its rulemaking programme, in March.

  The Agency is responsible for ensuring that the rules are applied consistently across Member States. It does this by carrying out standardisation inspections of Member States, with each inspection focusing on a different set of implementing rules. The inspection teams are made up of Agency staff and experts from the National Aviation Authorities. Following the inspection, reports are sent to the individual Member State and the Commission, requesting corrective action where the Member State is found to be in breach of the regulations. If no satisfactory corrective action is taken, the Agency can refer the matter to the Commission, for infringement proceedings. The Regulation provides for a system of collective oversight of operators by Member States. Therefore both the home and host Member States are responsible for sharing information on contraventions to the regulations to EASA.

7 March 2008