1. Cabin Crew in the European Union The EU Aviation Rulemaking What about Cabin Crew ? ETF Conference – Brussels – 8 March 20061 Betty LeCouturier ETF Adviser

2. ETF Conference – Brussels – 8 March 20062 TOWARDS HARMONISED REGULATIONS ? Rules and definitions Historical background : 1996 - 2006 Comparison with other safety-sensitive workers The current situation : possible reasons Solutions ?

3. ETF Conference – Brussels – 8 March 20063 RULES & DEFINITIONS OPS 1.085 defines Cabin Crew responsibilities and obligations as CM, which include - the proper execution of their duties, - limitations relating to alcohol consumption, deep sea diving, blood donation, - continuing competence and fitness to operate as a crew member, - the authority and responsibility to initiate an evacuation and other emergency procedures in case of immediate danger and no signal from the flight crew OPS 1.990 requires that -an aeroplane with 20 or more passengers seats shall not be operated unless at least one CCM is included in the crew, … - … the minimum number of CC shall be the greater of one CCM for every 50, or fraction of 50, passenger seats installed on the same deck of an aeroplane; or the number that shall be determined by complementary demonstration / analysis

4. ETF Conference – Brussels – 8 March 20064 What about  the applicability of the requirements and  the recognition of qualifications ? OPS 1.040(b) When there are crew members, other than CCM, who carry out their duties in the passenger compartment of the aeroplane, an operator shall ensure that these (1) are not confused by the passengers with the CCM ; (2) do not occupy required cabin crew assigned stations, do not impede the CCM in their duties OPS 1.988 An operator shall ensure that all cabin crew members comply with the requirements of this Subpart and any other requirements applicable to cabin crew … OPS 1.1005 (d) At the discretion of the Authority, the Authority, the operator or the approved training organisation …shall deliver an attestation of safety training after he/she has completed the initial safety training and successfully passed the check referred to in OPS 1.1025

5. ETF Conference – Brussels – 8 March 20065 (a) « Regulated profession » A professional activity …access to which, the pursuit of which is subject, … by virtue of legislative, regulatory or administrative provisions to the possession of specific professional qualifications; in particular the use of a professional title …. (c)« Evidence of formal qualifications » Diplomas, certificates and other evidence issued by an authority in a Member state … and certifying successful completion of professional training obtained mainly in the Community… (b) « Professional qualifications » Qualifications attested by evidence of formal qualifications, an attestation of competence referred to Article 11, point (a) and /or professional experience Directive 2005/36/EC on the recognition of professional qualifications - Article 3 - Definitions

6. ETF Conference – Brussels – 8 March 20066 Article 11 - Levels of qualifications Directive on ATC – Article 2 : « licence » means a certificate … issued and endorsed in accordance with this directive and entitling the lawful holder to provide ATC services in accordance with the privileges contained therein Directive 2005/45/EC on seafarers – Article 4 : A certificate shall be any valid document, … issued by or under the responsibility of the competent authority of the MS in accordance with the requirements laid down in …. (a)An attestation of competence issued by a competent authority in the home MS … (i) either a training course …, (ii) or general primary or secondary education, attesting …general knowledge (b)A certificate attesting to a successful completion of a secondary course, (i) either general in character, supplemented by a course of study or professional training … (ii) or, technical or professional in character, supplemented where appropriate by a course of study or professional training …. Directive 1991/670/EEC on licences in civil aviation – Article 1 : « licence » means any valid document, issued by a MS, authorizing the holder to exercise functions as a member of the cockpit personnel … This definition also includes ratings associated with the document

7. ETF Conference – Brussels – 8 March 20067 HISTORICAL BACKGROUND  1987  1996  1987 The JAA start its work on air operations  1991 Adoption of the Council Directive 91/670/ EEC on mutual acceptance of personnel licenses for the exercise of functions in civil aviation  The Commission expresses its support for the creation of a licensing system for Cabin Crew and informs the JAA accordingly  1994 Concerned by the outcome at JAA level, Cabin crew organized a petition and a leafleting day in major airports of the EU

8. ETF Conference – Brussels – 8 March 20068  1995 Publication of the first version of JAR OPS 1  1996 ETF Round Table on Cabin Crew in Brussels - Large audience - Presentation of a comparative study on national regulations for CC the basis for the professional certification of cabin crew under the responsibility of the competent Authority with the mutual recognition by all Member States the recognition of the qualifications and competence of the individual cabin crew member independently from the airline employer for improved safety standards, and facilitated professional mobility  1997 Proposal for a Council Directive on safety requirements and attestation of professional competence for Cabin Crew in Civil Aviation

9. ETF Conference – Brussels – 8 March 20069  1998 Following the positive opinion of the Economic and Social Committee, the Directive on CC received the support of the European Parliament with proposals for some amendments under the Consultation procedure, focusing on the frequency of medical checks and on the terminology of certificate of competence  2000 Despite the efforts of several Member States, no agreement was achieved in the Council  T he CC issue became part of the overall issue of the Proposal amending Regulation 3922/91 on the harmonisation of the technical requirements in the field of Civil Aviation  September 2001 Following the tragedy of the terrorist attack in the US, the European Parliament urges the Commission to act to improve safety and security standards  1998  2006  1999 Under the new Codecision procedure, the European Parliament reiterated its support to the Directive in September

10. ETF Conference – Brussels – 8 March 200610  2002 Two major regulations were adopted: Regulation 2320/2002 on common rules in the field of civil aviation security; Regulation 1592/2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency  2003 European Cabin Crew, increasingly concerned by the continuous opposition in the Council, were already experiencing the added duties and responsibilities associated with new security provisions  A European leafleting campaign was organised  2003 - 2006 Step-by-step, following discussions in the Council,  the provisions of the Directive for CC were transferred into the OPS1 and the Directive finally withdrawn by the Commission in 2005  the Parliament amendments to OPS 1 were significantly changed, Certification of CC was reduced to an attestation of training and the list of non-trained personnel re-inserted

11. ETF Conference – Brussels – 8 March 200611 First considerations ? The European Cabin Crew continue to call for proper professional recognition at Community level The Commission has taken positive initiatives and has also included the Parliament amendments The European Parliament has supported the approach and has substantially improved the legislative proposals But, Member States in the Council continue to oppose Why ?

12. ETF Conference – Brussels – 8 March 200612 And what about the other safety-sensitive workers in transport ? And what about the other safety-sensitive workers in transport ? CA flight crew Seafarers (PAX) CA Security staff CA maintenance Part 66 Road vehicles drivers Train drivers Train crews CA traffic controllers CA cabin crew licencecertificate license Driving licence + certificate license certificate licenseattestation 1991 Dir 91/670 (Nat Lic) 2001 Dir 2001/25 2002 Reg 2320/2002 2003 Reg 2042/2003 2003 Dir 2003/59 2004-2006 COM(2004)142 2004-2006 COM(2004)273 1997-200?

13. ETF Conference – Brussels – 8 March 200613 Certification/licensing Requirements CA flight crew licence 1991 CA Security staff certificate 2002 CA maintenance Part 66 license 2003 CA Traffic controllers License 2004-2006 CA cabin crew Attestation ? Applicabilityall All Screening staff all Some CM excluded Minimum requirements for recruitment Age acc. Cat. P & M fitness Lic / language Backgr C for S Select. criteria Defined by A Motivation Backgr C for S Age 18 Technic.language Backgr C for S Age 21 P & M fitness ATstudentLic + lang Backgr C for S Age 18 Med fitness ? Backgr C for S Approved TrainingYES Approved training org. Indep. Examiners (byA) YES ? YES AOC or ATO A, AOC or TO Issuing of licence/certificate Licence by ACertif by ALicence by ALicense by A Attestation of Safety training By A, AOC, TO licence / certificate model Mutual recognition Defined by National A EASA Form 19 Mutual recogn. (Community model) NO See new Art 7 Contin. Train + med check L / C validity Yes + FCL3 6/12 months yes + ? 5 years under A yes + Class 3 ATC Every 3 years yes + reg med? Yearly for Tr

14. ETF Conference – Brussels – 8 March 200614 Certification/licensing requirements Seafarers (PAX) certificate 2001 Vehicles drivers licence + certificate 2003 Train drivers License Train crews* certificate 2004-2006 CA cabin crew Attestation ? Applicabilityall Some CM excluded Minimum requirements for recruitment Age 18 + 6 months experience Medical fitness Age 18 (G) or 21 (P) Physical fitness Age Phys. & mental fitness Education Age 18 Med fitness ? Training programmes Language PAX Approved training STCW Convention Quality Stand. Syst. Theoretical & practical Safety rules Criteria spec. in Annex Initial + service Language PAX Criteria*to be defined acc. to profils & tasks Approved Approved training org. Independ. Examiners (by A) Quality Stand. Syst. Qualified & indep. Yes Yes, by the Authority Authorized Quality Stand. Syst. Accredited by A AOC or ATO A, no if AOC or TO Issuing of licence/certificateBy or under the A Certif. of prof. comp. + periodic CPC TD license by A + Cp.Certif. By Undert. TC* certif. by A Attestation of Safety training By A, AOC, TO licence / certificate modelMutual recognitionCommunity model TD Comp.Cert. by U NO See new Art 7 Continuous Training + med check L / C validity Valid med. Attest. By qualifed pract.(A) Within every 5 years Periodic med. Exams Adm. Validity renewed Within every 5 years Yes TD med every 3 years TC* acc to profil/tasks yes + reg (?) med Yearly for Tr

15. ETF Conference – Brussels – 8 March 200615 What about the latest Council decisions ? At its meeting, December 9/10, 2004, the Council But, - agreed on a general approach on certification of train drivers - reached a general approach on a Community ATC license - agreed on Community rules for facilitating recognition of seafarers certificates - In its partial political agreement on EU OPS regarding “Cabin Crew” and “Flight Time Limitations”, deleted from the current proposal the provisions relating to Cabin Crew certification and the improvements on applicability, as previously amended by the Parliament (Directive and Annex III - OPS),

16. ETF Conference – Brussels – 8 March 200616 Possible reasons ? The number ? A question of gender ? The dual role of Cabin Crew ? The ICAO Annexes ? The cost ? - OR, The operators’ will to maintain the Cabin Crew as part of the Air Operator Certificate, thus opposing professional mobility ? A lack of confidence of the authorities in the requirements leading to a strong opposition to mutual recognition ?

17. ETF Conference – Brussels – 8 March 200617 Solutions ? A fresh involvement of the European Parliament in resubmitting amendments to the OPS1 and to the proposed regulation amending Regulation 1592/2002 on EASA ? A renewed involvement of the Commission in supporting the spirit of its initial proposals on both the Directive for Cabin Crew and OPS1 ? A new interest from the media and the travelling public ? An appeal by the Cabin Crew to the Ombudsman ?

18. ETF Conference – Brussels – 8 March 200618 Thank you for your attention