OK, where is it and when are we going to comply ? What are the major updates from the JAR-OPs? Any interesting observations or is the document as dry as a swiss party ?
tornado
Alexander
11-04-2008, 12:33
Here is an Executive Summary that I found on the net. I think there is a intended release at end July 2008....
Alex
Proposal for a Regulation of the European Parliament and the Council amending Council Regulation 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation.
Executive Summary
q Regulation 3922/91 is the Community framework for the issuing of legislation for the harmonisation of aviation safety. Regulation 3922/91 was giving mandatory powers to the JARs developed by the JAA in order to ensure harmonisation of technical rules in the aviation sector. The implementation of JARs is not mandatory, unless transposed through Regulation 3922/91 in the EU legislation.
q Regulation 3922/91 did not exclude the possibility for the Commission to eventually propose to the Council the adoption of specific legislation on safety. In fact, with this regulation, member States recognised the Community competence on safety harmonisation in the Single Market. However the lack of resources and technical expertise forced the European Commission to base its safety legislation on the work done by the Joint Aviation Authorities (JAA).
q In 1995 the JAA member States adopted the so-called JAR OPS 1 with the objective to establish harmonised Air Operators Certificate (AOC) requirements.
q The EU considered that this set of harmonised requirements was definitively falling within the scope of Regulation 3922/91. Furthermore, JAR OPS 1 was meeting the objective of Regulation 2407/92 on licensing of EC air carriers in ensuring that companies were satisfying to minimum technical requirements. JAR OPS 1, and its translation into an EU legislation is a corner stone of the completion of the Single Market. Only its adoption through the EU decision-making process could make it mandatory and applicable on a uniform basis in the EU member States (strict control on derogations).
q However, JAR OPS 1 could not be transposed in EC law via the procedure already used for other JARs, through their inclusion in the Annex II of Regulation 3922/91. First of all the JAR OPS 1 had to be put in conformity with EU Law and EU principles. Furthermore, given the importance of such a document for the aviation industry, the Commission decided to incorporate the revised text into a new Annex III of Regulation 3922/91, which also required a modification of the text of the regulation itself.
q The EU OPS 1, together with the amending regulation to Regulation 3922/91 will now go through the co decision procedure.
q There are still outstanding issues :
q Wet leasing rules which need to be in accordance with EU law,
q JAA decided in 1995 to exclude the Sub Part Q from JAR OPS 1 due to the opposition from airlines and unions. The Commission committed itself to issue a specific regulation to address this very important issue.
q Sub Par O which addresses Cabin Crew Training Requirements was partially redrafted by the European Commission and proposed to the Council through a draft directive. This directive should benefit from the adequacy reached between the JAR OPS and the EU OPS.
Finally, since the EU OPS correspond to the JAR OPS 1 version adopted in 1995 (version 1 March 1998), the Commission and the Council will have the opportunity to integrate the latest changes to the JAR OPS 1 in the course of the EU decision making process.