L 114/22 Official Journal of the European Union 27.4.2006 DIRECTIVE 2006/23/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 April 2006 on a Community air traffic controller licence (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: 1 Implementation of the Single European Sky legislation requires the establishment of more detailed legislation, in particular concerning the licensing of air traftic con- trollers, in order to ensure the highest standards of responsibility and competence, to improve the avail- ability of air traffic controllers and to promote the mutual recognition of licences, as envisaged in Article 5 of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (°), while pursuing the objective of an overall improvement in air traffic safety and competence of personnel. The introduction of a Community licence is a means of recognising the specific role which air traffic controllers play in the safe provision of air traffic control. The establishment of Community competence standards will also reduce fragmentation in this field, making for more OJ C 234, 22.9.2005, p. 17. Opinion of the European Parliament of 8 March 2005 (O] C 320 E, 15.12.2005, p. 50), Council Common Position of 14 November 2005 (OJ C 316 E, 13.12.2005, p. 1) and Position of the European Parliament of 15 February 2006 (not yet published in the Official Journal). OJ L 96, 31.3.2004, p. 10. efficient organisation of work in the framework of growing regional collaboration between air navigation service providers. This Directive is therefore an essential part of the Single European Sky legislation. A Directive is the most suitable instrument to set competence standards, thus leaving to the Member States to decide on the ways to achieve such standards. This Directive should build on existing international standards. The International Civil Aviation Organisation (ICAO) has adopted provisions on air traffic controller licensing, including linguistic requirements. The Eur- opean Organisation for the Safety of Air Navigation (Eurocontrol) set up by the International Convention of 13 December 1960 relating to Cooperation for the Safety of Air Navigation has adopted Eurocontrol Safety Regulatory Requirements. In accordance with Article 4 of Regulation (EC) No 550/2004 this Directive trans- poses the requirements laid down in Eurocontrol Safety Regulatory Requirement No 5 (ESARR 5) relevant to air traffic controllers. The particular characteristics of Community air traffic call for the introduction and effective application of Community competence standards for air traffic con- trollers employed by air navigation service providers primarily involved in general air traffic. Member States may also apply the national provisions taken pursuant to this Directive to student air traffic controllers and air traffic controllers exercising their functions under the responsibility of air navigation service providers offering their services primarily to aircraft movements other than general air traffic. Where Member States take action to ensure compliance with Community requirements, the authorities perform- ing supervision and verification of compliance should be sufficiently independent of air navigation service provi- ders and training providers. The authorities must also remain capable of performing their tasks efficiently. The national supervisory authority nominated or established under this Directive may be the same body or bodies nominated or established in accordance with Article 4 of Regulation (EC) No 549/2004 of the European Parlia- ment and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (*). OJ L 96, 31.3.2004, p. 1.