Regulatory governance through agencies of the European Union? The role of the European agencies for maritime and aviation safety in the implementation of European transport legislation

Abstract

In line with the trend of ‘agencification’ in Western countries, European Union (EU) agencies have been put forward as an instrument expected to improve the way rules are applied in the EU. So far, evidence confirming this expectation is lacking. By assessing the implementation of European transport legislation, this article provides an empirical insight into the role played by two EU agencies – the European Maritime Safety Agency (EMSA) and the European Aviation Safety Agency (EASA). The analysis shows that these EU-level agencies, although created as independent entities to enhance uniform implementation, remain highly dependent on the member states and the Commission. In terms of (legislative) enforcement their contribution has thus been limited. EU agencies such as EMSA and EASA currently seem to add more value by stimulating mutual learning processes among national regulatory authorities.

Keywords:

• EASA
• EMSA
• EU agencies
• implementation
• regulatory governance
• transport

ACKNOWLEDGEMENTS

The authors would like to thank the panellists of the NIG Annual Work Conference (8 November 2007, Tilburg), the ECPR Standing Group on Regulatory Governance Conference (5–7 June 2008, Utrecht) and three anonymous referees for their useful comments on earlier versions of this article.

Notes

In a few specific policy areas, of which competition is the most crucial example, the Commission is entrusted with directly overseeing the application of Community legislation.

Available online at http://europa.eu/agencies/index_en.htm.

This section draws on EMSA's founding regulation; EMSA activity reports; EMSA, Safer and Cleaner Shipping in the European Union, 2006; COWI, Evaluation of the European Maritime Safety Agency, Final Report, April 2008; and interviews with a national agency official, The Hague, September 2007 and with an EMSA official, Brussels, October 2005.

Council Regulation (EC) No 1406/2002 of 27 June 2002 establishing a European Maritime Safety Agency.

Article 1, regulation 1406/2002.

Recital 2, regulation 1406/2002.

Directive 95/21/EC.

Directive 96/98/EC.

At the same time, this poses a potential danger with regard to the availability of expertise at the national level. Interview with national agency official, The Hague, September 2007.

EMSA activity report 2005, p. 24.

This section draws on EASA's founding regulation; EASA annual general reports; and interviews with a national ministry official, The Hague, September 2007, with a Commission, DG TREN official, Brussels, June 2008, and with a national agency official, Hoofddorp, April 2010.

Council Regulation (EC) No 1592/2002 of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency. On 8 April 2008, Council Regulation (EC) No 216/2008 entered into force which gives the agency new responsibilities in the fields of air operations, flight crew licensing and the authorization of third country operators.

Article 2, regulation 216/2008.

Council Regulation (EC) 3922/91 on the harmonization of technical requirements and administrative procedures in the field of civil aviation.

Interviews with national ministry official, The Hague, October 2007, and national agency official, Hoofddorp, April 2010.

Recital 12, regulation 216/2008.

Article 17(d), regulation 216/2008.

Articles 19(e), 21(a), and 23(a), regulation 216/2008.

EASA annual general report 2005, pp. 11-12; 2007, p. 13.

EASA annual general report 2004, p. 18.

See Commission Regulation (EC) No 736/2006 of 16 May 2006.

See Commission Regulation (EC) No 768/2006 of 19 May 2006.

Interview with national ministry official, The Hague, September 2007.

See UK House of Commons Select Committee on Transport, Thirteenth Report, Session 2005–6, available online at http://www.parliament.the-stationery-office.com/pa/cm200506/cmselect/cmtran/809/80902.htm, (accessed 31 October 2007).

EASA annual general report 2005, p. 13–14.

Interview with Commission, DG TREN official, Brussels, June 2008.

EASA annual general report 2005, p. 13.

EASA annual general report 2004, p. 8. As in the case of EMSA, this holds a potential risk with regard to the depletion of knowledge available at the national level. Interview with national ministry official, The Hague, October 2007.

A third, but different, kind of restriction results from the relationship with international institutions. In this article, we focus on EU and national actors only.

Interview with Commission, DG TREN official, Brussels, June 2008.