31995Y0705(02)

COUNCIL RESOLUTION

of 19 June 1995

on relocation in air transport

(95/C 169/02)

THE COUNCIL OF THE EUROPEAN UNION,

Whereas the Council has already emphasized the need for the air transport industry to reach the profitability and productivity levels necessary to be economically viable and competitive worldwide;

Whereas in its resolution of 24 October 1994 on the situation in European Civil Aviation (1) the Council considered that the risk of development of flags of convenience and use of non-Community resources ought to be examined;

Whereas the provisions of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (2) relating to leasing must be applied in a uniform manner by all Member States;

Whereas the possible use of non-Community resources provides further justification for formulating a comprehensive set of common technical standards to maintain safety in civil aviation;

Whereas the Community, in developing its social policy, must take account of the specific characteristics of air transport, in particular the effects of relocation;

Whereas the use of non-Community resources affords a possibility for access by third countries to the internal market which needs to be looked at in the framework of relations with those countries,

NOTES that the Commission intends to carry out a study of developments in the social situation in relation to the liberalization of air transport;

CALLS UPON the Commission to submit to it as soon as possible the outcome of the study on the consequences of air transport liberalization, and requests that in so doing it takes into account the issue of the use of non-Community resources as referred to in the resolution of 24 October 1994; following the report of the Committee of Wise Men and a private consultants' report requested by the Commission in 1992, the study should analyse in particular:

- the extent of the phenomenon of relocation and its actual and potential consequences for employment and conditions of employment in the Community air transport sector;

- current practice by Community air undertakings regarding use of non-Community resources;

- national regulations and administrative procedures governing use of non-Community resources;

CALLS UPON the Commission to examine the application of the provisions of Regulation (EEC) No 2407/92 relating to the leasing of non-Community resources and, if necessary, to draw up guidelines enabling them to be applied uniformly, particularly as regards:

- the concepts of 'temporary needs`, 'exceptional circumstances` and 'equivalent safety standards`,

- the conditions under which a Community carrier may use aircraft for which, although they are registered in the Community, the State of registry's liability in respect of monitoring technical operation has been delegated to a third country.

(1) OJ No C 309, 5. 11. 1994, p. 2.

(2) OJ No L 240, 24. 8. 1992, p. 1.