### the operation of aircraft into , within , or out of the single european sky airspace by a third country operator ; ### the operation of aircraft into , within , or out of the airspace to which the treaties apply by a third country operator ;


### the design , production , maintenance and operation of aerodrome equipment used or intended for use at the aerodromes referred to in point and the provision of ground handling services and apron management services at those aerodromes ; ### the design , production , maintenance and operation of safety - critical aerodrome equipment , used or intended for use at the aerodromes referred to in point and the provision of ground handling services and apron management services at those aerodromes ;


### the design , maintenance and operation of aerodromes located in the territory to which the treaties apply , which are : ### the design , maintenance and operation of aerodromes including their safety - related equipment located in the territory to which the treaties apply , which are :


### the provision of air traffic management and air navigation services in the single european sky airspace , and the design , production , maintenance and operation of systems and constituents used in the provision of those atm / ans ; ### the provision of air traffic management and air navigation services in the single european sky airspace , and the design , production , maintenance and operation of systems and constituents , upon which safety or interoperability is dependent , used in the provision of those atm / ans ;


### the design , production , maintenance and operation of unmanned aircraft , their engines , propellers , parts and non - installed equipment , as well as the equipment to control unmanned aircraft remotely , where such aircraft are operated within the single european sky airspace by an operator established or residing within the territory to which the treaties apply . ### the maintenance and operation of unmanned aircraft , their engines , propellers , parts and non - installed equipment , as well as the equipment to control unmanned aircraft remotely , where such aircraft are operated within the single european sky airspace .


### state aircraft , and their products , parts and non - installed equipment , and the personnel and organisations involved in the activities and services performed by state aircraft ; ### state aircraft , their engines and propellers , parts and non - installed equipment , and the personnel and organisations involved in the activities and services performed by state aircraft ;


### atm / ans , including systems and constituents , personnel and organisations , that are provided or made available by the military ; ### atm / ans , including systems and constituents upon which safety or interoperability is dependent , personnel and organisations , that are provided or made available by the military ;


### an organisation responsible for the design of an aircraft type may request the commission to decide that the provisions of section i of chapter iii apply to the design , production and maintenance of that aircraft type and to the personnel and organisations involved in those activities , where : ### an organisation responsible for the design of an aircraft type may request the agency to decide that the provisions of section i of chapter iii apply to the design , production and maintenance of that aircraft type and to the personnel and organisations involved in those activities , where :


### the design of that aircraft type has not been approved in accordance with the national laws of a member state . ### the design of that aircraft type has not been previously approved in accordance with the national laws of a member state .


### the commission shall decide on the basis of that request , after having consulted the agency and the member state where the organisation concerned has its principal place of business , whether the criteria of the first subparagraph have been fulfilled . that decision shall be adopted by means of an implementing act which shall be adopted in accordance with the advisory procedure referred to in article 116 and shall be published in the official journal of the european union . the agency shall also include that decision in the repository referred to in article 63 . ### the agency shall decide on the basis of that request , after having consulted the member state where the organisation concerned has its principal place of business , whether the criteria of the first subparagraph have been fulfilled . the agency shall include that decision in the repository referred to in article 63 .


### from the date specified in that implementing decision , the design , production and maintenance of the aircraft type concerned and the personnel and organisations involved in those activities shall be solely regulated by the provisions of section i of chapter iii and of the delegated and implementing acts adopted on the basis of those provisions . in that case , the provisions of chapter iv and chapter v relating to the application of the provisions of section i of chapter iii shall also apply with respect to the aircraft type concerned . ### from the date specified in that decision , the design , production and maintenance of the aircraft type concerned and the personnel and organisations involved in those activities shall be solely regulated by the provisions of section i of chapter iii and of the delegated and implementing acts adopted on the basis of those provisions . in that case , the provisions of chapter iv and chapter v relating to the application of the provisions of section i of chapter iii shall also apply with respect to the aircraft type concerned .


### in that case , the member state concerned shall notify the commission and the agency of its intention . that notification shall contain all relevant information , and in particular : ### in that case , the member state concerned shall notify the agency of its intention . that notification shall contain all relevant information , and in particular :


### the commission shall decide , after having consulted the agency , whether , in light of the characteristics of the activities , personnel and organisations in question and the purpose and content of the provisions of the section or sections notified to it , the provisions in question can be effectively applied and , where appropriate , under what conditions . the commission decision , taken by means of an implementing act , shall be adopted in accordance with the advisory procedure referred to in article 116 and shall be published in the official journal of the european union . the agency shall include that decision in the repository referred to in article 63 . ### the agency shall decide whether , in light of the characteristics of the activities , personnel and organisations in question and the purpose and content of the provisions of the section or sections notified to it , the provisions in question can be effectively applied and , where appropriate , under what conditions . the agency shall include that decision in the repository referred to in article 63 .


### the member state concerned shall apply the provisions of the section or sections notified to the commission only after a positive commission decision and , where relevant , after having ensured that the conditions attached to that decision have been fulfilled . in that case , from the date specified in the member state ' s decision , the activities , personnel and organisations concerned shall solely be regulated by those provisions and by the provisions of the delegated and implementing acts adopted on the basis thereof . in that case , the provisions of chapter iv and chapter v relating to the application of the provisions of the section or the sections notified with respect to the activities , personnel and organisations concerned shall also apply . ### the member state concerned shall apply the provisions of the section or sections notified to the agency only after a positive agency decision and , where relevant , after having ensured that the conditions attached to that decision have been fulfilled . in that case , from the date specified in the member state ' s decision , the activities , personnel and organisations concerned shall solely be regulated by those provisions and by the provisions of the delegated and implementing acts adopted on the basis thereof . in that case , the provisions of chapter iv and chapter v relating to the application of the provisions of the section or the sections notified with respect to the activities , personnel and organisations concerned shall also apply .


### the commission , the agency and the competent authorities of the member state concerned shall cooperate for the purpose of the application of this paragraph . ### the agency and the competent authorities of the member state concerned shall cooperate for the purpose of the application of this paragraph .


### member states may decide to revoke their decisions adopted pursuant to this paragraph . in that case the member state concerned shall notify the commission and the agency . that notification shall be published in the official journal of the european union , and the agency shall include it in the repository referred to in article 63 . an appropriate transition period shall be provided for by the member state concerned . ### member states may decide to revoke their decisions adopted pursuant to this paragraph . in that case the member state concerned shall notify the agency . the agency shall include that decision in the repository referred to in article 63 . an appropriate transition period shall be provided for by the member state concerned .


### in such a case , the member state concerned shall notify , through a reasoned submission , the commission and the agency of its intention to take such a decision . that submission shall contain all relevant information relating to the intended decision . ### in such a case , the member state concerned shall notify , through a reasoned submission , the agency of its intention to take such a decision . that submission shall contain all relevant information relating to the intended decision .


### the commission shall decide , after having consulted the agency , whether the conditions of the first subparagraph have been fulfilled . the commission decision , taken by means of an implementing act , shall be adopted in accordance with the advisory procedure referred to in article 116 and shall be published in the official journal of the european union . the agency shall include that decision in the repository referred to in article 63 . ### the agency shall decide whether the conditions of the first subparagraph have been fulfilled . the agency shall include that decision in the repository referred to in article 63 .


### the member state concerned shall only adopt the intended decision after a positive commission decision . in that case , from the date specified in the member state ' s decision , the design , maintenance and operation of the aerodrome concerned , and its equipment , shall no longer be regulated by the provisions of this regulation and of the delegated and implementing acts adopted on the basis thereof . ### the member state concerned shall only adopt the intended decision after a positive agency decision . in that case , from the date specified in the member state ' s decision , the design , maintenance and operation of the aerodrome concerned , and its equipment , shall no longer be regulated by the provisions of this regulation and of the delegated and implementing acts adopted on the basis thereof .


### member states shall , on an annual basis , examine the traffic figures of the aerodromes that they have exempted pursuant to this paragraph . where that examination demonstrates that , over three consecutive years , one of those aerodromes handles more than 10 000 passengers per year and more than 850 movements related to cargo operations per year , the member state concerned shall revoke the exemption of that aerodrome . in that case , it shall inform the commission and the agency accordingly . the decision revoking the exemption shall be published in the official journal of the european union and the agency shall include it in the repository referred to in article 63 . ### member states shall , on an annual basis , examine the traffic figures of the aerodromes that they have exempted pursuant to this paragraph . where that examination demonstrates that , over three consecutive years , one of those aerodromes handles more than 10 000 passengers per year and more than 850 movements related to cargo operations per year , the member state concerned shall revoke the exemption of that aerodrome . in that case , it shall inform the agency accordingly . the decision revoking the exemption shall be published in the repository referred to in article 63 .


### ' oversight ' means the verification , by or on behalf of the competent authority , on a continuous basis that the requirements on the basis of which a certificate has been issued or the requirements in respect of which a declaration has been made , continue to be complied with ; ### ' oversight ' means the verification , by or on behalf of the competent authority , on a continuous basis that the requirements of this regulation and of its delegated and implementing acts , including requirements on the basis of which a certificate has been issued or the requirements in respect of which a declaration has been made , continue to be complied with ;


### ‘ certification’ means any form of recognition in accordance with this regulation , based on an appropriate assessment , that an organisation or person , product , part , non - installed equipment , aerodrome , aerodrome equipment , atm / ans system , atm / ans constituent or flight simulation training device complies with the applicable requirements of this regulation and of the delegated and implementing acts adopted on the basis thereof , through the issuance of a certificate attesting such compliance ; ### ' certification ' means any form of recognition , in accordance with this regulation and based on an appropriate assessment , of compliance with the applicable requirements of this regulation and of the delegated and implementing acts adopted on the basis thereof , through the issuance of a certificate attesting such compliance ;


### ‘ declaration’ means any written statement made in accordance with this regulation under the sole responsibility of a legal or natural person subject to this regulation and which confirms that the applicable requirements of this regulation and of the delegated and implementing acts adopted on the basis thereof relating to an organisation or a person , product , part , non - installed equipment , aerodrome equipment , atm / ans system , or atm / ans constituent are complied with ; ### ‘ declaration’ means any written statement made in accordance with this regulation under the sole responsibility of a legal or natural person subject to this regulation and which confirms that the applicable requirements of this regulation and of the delegated and implementing acts adopted on the basis thereof are complied with ;


### ‘ national competent authority’ means one or more entities designated by a member state and having the necessary powers and allocated responsibilities for performing the tasks related to certification , oversight and enforcement in accordance with this regulation and the delegated and implementing acts adopted on the basis thereof . ### ‘ national aviation authority’ means the entity designated by a member state and accredited by the agency having the necessary powers and allocated responsibilities for performing the tasks related to certification , oversight and enforcement in accordance with this regulation and the delegated and implementing acts adopted on the basis thereof and regulation no xxx / xxxx .


### the national aviation safety programme shall specify , taking into account the objectives set out in article 1 and the acceptable level of safety performance referred to in article 6 , an acceptable level of safety performance to be achieved at national level in respect of the aviation activities under the responsibility of the member state concerned . ### the national aviation safety programme shall specify , taking into account the objectives set out in article 1 , the aviation activities under the responsibility of the member state concerned that are to be performed in order to achieve the level of safety performance referred to in article 6 .


### airworthiness and environmental protection ### airworthiness


### that type certificate , that certificate of changes and that approval of repair designs shall be issued upon application when the applicant has demonstrated that the design of the product complies with the type - certification basis established in accordance with the delegated act referred to in article 18 and that the design of the product has no feature or characteristic making it environmentally incompatible or unsafe for operation . ### that type certificate , that certificate of changes and that approval of repair designs shall be issued upon application when the applicant has demonstrated that the design of the product complies with the type - certification basis established in accordance with the delegated act referred to in article 18 .


### that type certificate , that certificate of changes and that approval of repair design may be also issued without such application , by an organisation approved in accordance with article 15 which has been granted the privilege to issue those certificates or approvals in accordance with the delegated act referred to in article 18 , when that organisation has determined that the design of the product complies with the conditions established in the second subparagraph . ### that type certificate , that certificate of changes and that approval of repair design may be also issued , without such application for its own design work , by an organisation approved in accordance with article 15 which has been granted the privilege to issue those certificates or approvals in accordance with the delegated act referred to in article 18 , when that organisation has determined that the design of the product complies with the conditions established in the second subparagraph .


### cabin crew involved in commercial air transport operations shall be subject to certification and shall be issued with an attestation . ### cabin crew involved in commercial air transport operations shall be subject to certification and shall be issued with a certificate .


### where the delegated acts adopted pursuant to article 25 so provide , cabin crew involved in operations other than commercial air transport shall also be subject to certification and shall be issued with an attestation . ### where the delegated acts adopted pursuant to article 25 so provide , cabin crew involved in operations other than commercial air transport shall also be subject to certification and shall be issued with a certificate .


### those attestations shall be issued upon application , when the applicant has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to article 25 to ensure compliance with the essential requirements referred to in article 19 on theoretical knowledge , practical skill and medical fitness . ### those certificates shall be issued upon application , when the applicant has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to article 25 to ensure compliance with the essential requirements referred to in article 19 on theoretical knowledge , practical skill and medical fitness .


### aerodromes , aerodrome equipment , the operation of aerodromes and the provision of ground handling services and apron management services at aerodromes shall comply with the essential requirements set out in annex vii and , if applicable , annex viii . ### aerodromes including safety - related aerodrome equipment , the operation of aerodromes and the provision of ground handling services and apron management services at aerodromes shall comply with the essential requirements set out in annex vii and , if applicable , annex viii .


### aerodromes shall be subject to certification and shall be issued with a certificate . changes to that certificate shall be also subject to certification and shall be issued with a certificate of changes . ### aerodromes including safety - related aerodrome equipment shall be subject to certification and shall be issued with a certificate . changes to that certificate shall be also subject to certification and shall be issued with a certificate of changes .


### organisations responsible for the provision of ground handling services and apron management services at aerodromes subject to this regulation shall declare their capability and the availability of the means to discharge the responsibilities associated with the services provided in compliance with the essential requirements referred to in article 29 . ### organisations responsible for the provision of ground handling services and apron management services at aerodromes subject to this regulation shall declare their capability and the availability of the means to discharge the responsibilities associated with the services provided in compliance with the essential requirements referred to in article 29 . the delegated act mentioned at article 34 shall assure the recognition , without other verification , by the operators , of these declarations .


### organisations responsible for the provision of ground handling services and apron management services at aerodromes subject to this regulation shall declare their capability and the availability of the means to discharge the responsibilities associated with the services provided in compliance with the essential requirements referred to in article 29 . ### organisations responsible for the provision of apron management services at aerodromes subject to this regulation shall declare their capability and the availability of the means to discharge the responsibilities associated with the services provided in compliance with the essential requirements referred to in article 29 .


### for aerodromes , safety - critical aerodrome equipment , the operation of aerodromes and the provision of ground handling and apron management services at aerodromes , the commission shall be empowered to adopt delegated acts in accordance with article 117 to lay down detailed rules with regard to : ### for aerodromes , safety - critical aerodrome equipment , the operation of aerodromes and the provision of apron management services at aerodromes , the commission shall be empowered to adopt delegated acts in accordance with article 117 to lay down detailed rules with regard to :


### the conditions for establishing , in accordance with article 30 , and for notifying to an applicant the certification basis applicable to an aerodrome for the purpose of certification in accordance with article 30 ; ### the conditions for establishing , in accordance with article 30 , and for notifying to an applicant the certification basis , including identification of the safety - related aerodrome equipment , applicable to an aerodrome and the safety - related aerodrome equipment for the purpose of certification in accordance with article 30 ;


### the conditions for issuing , maintaining , amending , suspending or revoking the aerodrome certificates referred to in article 30 , including operating limitations related to the specific design of the aerodrome ; ### the conditions for issuing , maintaining , amending , suspending or revoking the aerodrome , including safety - related aerodrome equipment , certificates referred to in article 30 , including operating limitations related to the specific design of the aerodrome ;


### organisations involved in the design , manufacture or maintenance of atm / ans systems and constituents ### organisations involved in the design , manufacture or maintenance of atm / ans systems and constituents , upon which safety or interoperability is dependent ,


### the conditions for establishing and notifying to an applicant the detailed specifications applicable to atm / ans systems and constituents for the purposes of certification in accordance with article 38 ; ### the conditions for establishing and notifying to an applicant the detailed specifications , including equipment identification , applicable to atm / ans systems and constituents , upon which safety or interoperability is dependent , for the purposes of certification in accordance with article 38 ;


### where the delegated acts adopted pursuant to article 47 so provide with a view to achieving adequate levels of safety , having regard to the principles laid down in article 4 , the design , production , maintenance and operation of unmanned aircraft shall be subject to certification . certificates shall be issued upon application , where the applicant has demonstrated that it complies with the rules established by the delegated acts adopted pursuant to article 47 to ensure compliance with the essential requirements referred to in article 45 . the certificate shall specify the safety - related limitations , operating conditions and privileges . ### where the delegated acts adopted pursuant to article 47 so provide with a view to achieving a high uniform level of safety , having regard to the principles laid down in article 4 , the design , production , maintenance and operation of unmanned aircraft as well as the personnel and organisations involved in these activities , shall be subject to certification . certificates shall be issued upon application , where the applicant has demonstrated that it complies with the rules established by the delegated acts adopted pursuant to article 47 to ensure compliance with the essential requirements referred to in article 45 . the certificate shall specify the safety - related limitations , operating conditions and privileges .


### where the delegated acts adopted pursuant to article 47 so provide with a view to achieving adequate levels of safety , having regard to the principles laid down in article 4 , the design , production , maintenance and operation of unmanned aircraft shall be subject to a declaration . the declaration shall be made when the essential requirements referred to in article 45 and the corresponding detailed rules established in accordance with article 47 to ensure compliance with these essential requirements are complied with . ### where the delegated acts adopted pursuant to article 47 so provide with a view to achieving a high uniform level of safety , having regard to the principles laid down in article 4 , the design , production , maintenance and operation of unmanned aircraft as well as the personnel and organisations involved in these activities , shall be subject to a declaration . the declaration shall be made when the essential requirements referred to in article 45 and the corresponding detailed rules established in accordance with article 47 to ensure compliance with these essential requirements are complied with .


### where the delegated acts adopted pursuant to article 47 so provide , given that adequate levels of safety can be achieved without the application of chapters iv and v of this regulation , those chapters shall not apply to the essential requirements referred to in article 45 and the corresponding detailed rules established in accordance with article 47 to ensure compliance with these essential requirements . in such cases , those requirements and rules shall constitute ' community harmonisation legislation ' within the meaning of regulation 765 / 2008 of the european parliament and council of 9 july 2008 setting out the requirement for accreditation and market surveillance relating to the marketing of products and repealing regulation n° 339 / 93 , and decision 768 / 2008 / ec of the european parliament and council of 9 july 2008 on a common framework for the marketing of products , and repealing council decision 93 / 465 / eec . ### where the delegated acts adopted pursuant to article 47 so provide , given a high uniform level of safety can be achieved without the application of chapters iv and v of this regulation , those chapters shall not apply to the essential requirements referred to in article 45 and the corresponding detailed rules established in accordance with article 47 to ensure compliance with these essential requirements . in such cases , those requirements and rules shall constitute ' community harmonisation legislation ' within the meaning of regulation 765 / 2008 of the european parliament and council of 9 july 2008 setting out the requirement for accreditation and market surveillance relating to the marketing of products and repealing regulation n° 339 / 93 , and decision 768 / 2008 / ec of the european parliament and council of 9 july 2008 on a common framework for the marketing of products , and repealing council decision 93 / 465 / eec .


### the conditions and procedures for issuing , maintaining , amending , suspending , or revoking the certificates for the design , production , maintenance and operation of unmanned aircraft referred to in article 46 and , including the conditions for situations in which , with a view to achieving the objectives set out in article 1 and while taking account of the nature and risk of the particular activity concerned , such certificates shall be required or declarations shall be permitted , as applicable ; ### the conditions and procedures for issuing , maintaining , amending , suspending , or revoking the certificates for the design , production , maintenance and operation of unmanned aircraft referred to in article 46 and , including the conditions for situations in which , with a view to achieving the objectives set out in article 1 and while taking account of the technical characteristics of the unmanned aircraft type of flight , type , nature , area and risk of the particular operation concerned , such certificates shall be required or declarations shall be permitted , as applicable ;


### the marking and identification of unmanned aircraft ; ### the registration , marking and identification of unmanned aircraft with a weight bigger than 250 grams and of certified unmanned aircraft in accordance with paragraph ;


### the conditions under which operations of unmanned aircraft shall be prohibited , limited or subject to certain conditions in the interest of safety . ### the conditions under which operations of unmanned aircraft shall be prohibited , limited or subject to certain conditions in the interest of safety or security .


### the authorisations and declarations referred to in paragraphs 1 and 2 shall only be required in respect of the operation of aircraft into , within or out of the territory to which the treaties apply , with the exception of the operation of aircraft only overflying that territory . ### the authorisations and declarations referred to in paragraphs 1 and 2 shall only be required in respect of the operation of aircraft into , within or out of the single european sky airspace , with the exception of the operation of aircraft only overflying that territory .


### perform oversight of holders of certificates , of legal and natural persons that made declarations , and of products , parts , equipment , atm / ans systems , atm / ans constituents , flight simulation training devices and aerodromes subject to the provisions of chapter iii ; ### perform oversight of holders of certificates , of legal and natural persons that made declarations , and of products , parts , equipment , atm / ans systems and constituents , upon which safety or interoperability is dependent , flight simulation training devices and aerodromes subject to the provisions of chapter iii ;


### the agency shall be responsible where those tasks have been attributed to it pursuant to articles 53 , 54 , 55 , 66 , 67 , 68 , 69 and 70 . ### the agency shall be responsible where those tasks have been attributed to it pursuant to articles 53 , 54 , 55 , 66 , 67 , 67a , 67b , 68 , 69 and 70 .


### the national competent authority of the member state where the aerodrome is located shall be responsible for those tasks with respect to the aerodrome certificate referred to in article 30 and the certificate for an organisation responsible for the operation of an aerodrome referred to in article 32 . the certificate for an organisation responsible for the operation of an aerodrome may be either combined with the certificate for an aerodrome or issued separately . ### the national aviation authority of the member state where the aerodrome is located shall be responsible for those tasks with respect to the aerodrome certificate referred to in article 30 and the certificate for an organisation responsible for the operation of an aerodrome referred to in article 32 . the certificate for an organisation responsible for the operation of an aerodrome may be either combined with the certificate for an aerodrome or issued separately .


### in all other cases , the national competent authority of the member state where the natural person applying for the certificate or making the declaration resides , or , in case of legal persons , where the person has its primary establishment , shall be responsible for those tasks , unless the delegated acts adopted pursuant to paragraph 10 provide otherwise . ### in all other cases , the national aviation authority of the member state where the natural person applying for the certificate or making the declaration resides , or , in case of legal persons , where the person has its principal place of business or is established , shall be responsible for those tasks , unless the delegated acts adopted pursuant to paragraph 10 provide otherwise .


### any legal or natural person subject to this regulation may bring to the attention of the agency any alleged differences in the application of the rules between the member states . where such differences seriously hamper the operation of those persons , or otherwise lead to substantial difficulties , the agency and the national competent authorities of the member states concerned shall cooperate to eliminate those differences without undue delay . where those differences cannot be eliminated , the agency shall present the matter to the commission . ### any legal or natural person subject to this regulation may bring to the attention of the agency any alleged differences in the application of the rules between the member states . where such differences seriously hamper the operation of those persons , or otherwise lead to substantial difficulties , the agency and the national aviation authorities of the member states concerned shall cooperate to eliminate those differences without undue delay . where those differences cannot be eliminated , the agency shall present the matter to the commission .


### the agency and the national competent authorities shall undertake the necessary actions to increase and promote awareness of civil aviation safety and disseminate safety - related information relevant for the prevention of accidents and incidents . ### the agency and the national aviation authorities shall undertake the necessary actions to increase and promote awareness of civil aviation safety and disseminate safety - related information relevant for the prevention of accidents and incidents .


### the conditions for conducting certification and for conducting the investigations , inspections , audits and other monitoring activities necessary to ensure effective oversight of the legal and natural persons , products , parts , equipment , atm / ans systems , atm / ans constituents , flight simulation training devices and aerodromes subject to this regulation ; ### the conditions for conducting certification and for conducting the investigations , inspections , audits and other monitoring activities necessary to ensure effective oversight of the legal and natural persons , products , parts , non - installed equipment , atm / ans systems , atm / ans constituents , flight simulation training devices and aerodromes subject to this regulation ;


### the european aviation inspectors shall perform their oversight and certification activities under the control , instructions and responsibility of the agency or the national competent authority that requested their assistance . ### the european aviation inspectors shall perform their oversight and certification activities under the control , instructions and responsibility of the agency and the national competent authority that requested their assistance .


### the european aviation inspectors shall perform their oversight and certification activities under the control , instructions and responsibility of the agency or the national competent authority that requested their assistance . ### the european aviation inspectors shall perform their oversight and certification activities under the control , instructions and responsibility of the agency or the national aviation authority that requested their assistance .


### in relation to the exercise of that responsibility , the provisions of chapters ii and iv and articles 120 and 121 , as well as the applicable provisions of the national law of the member state to which the responsibility is transferred shall apply . ### in relation to the exercise of the transferred responsibility , the provisions of chapters ii and iv and articles 120 and 121 , as well as the applicable provisions of the national law of the member state to which the responsibility is transferred shall apply .


### the agency or a member state , as applicable , shall only agree to the transfer of responsibilities referred to in paragraphs 1 or 2 when it is satisfied that it can effectively exercise the transferred responsibility in compliance with this regulation and the delegated and implementing acts adopted on the basis thereof . ### the agency or a member state , as applicable , shall only agree to the transfer of responsibilities referred to in paragraphs 1 or 2 when it is satisfied that it can effectively exercise the transferred certification , oversight and enforcement responsibility in compliance with this regulation and the delegated and implementing acts adopted on the basis thereof and has the necessary resources .


### when a member state intends to transfer certain responsibilities in accordance with paragraphs 1 or 2 , it shall establish jointly with the agency or with the other member state , as applicable , a transition plan that ensures an orderly transfer of those responsibilities . the legal and natural persons concerned by the transfer and , in case of a transfer referred to in paragraph 2 , the agency shall be consulted on that transition plan before it is finalised . ### when a member state intends to use the provisions of paragraphs 1 or 2 , it shall establish jointly with the agency or with the other member state , as applicable , a transition plan that ensures an orderly transfer of the responsibilities covered by the request , including the related records and documentation . the legal and natural persons concerned by the transfer and , in case of a transfer referred to in paragraph 2 , the agency shall be consulted on that transition plan before it is finalised . the plan shall include a clear identification of the responsibilities at competent authority level that are to be transferred , as well as the state level responsibilities that remain with the transferring member state , and include practical arrangements for ensuring seamless continuation of activities , including details on how international and eu level obligations are to be exercised .


### organisations operating multi - nationally ### transfer of certification , oversight and enforcement tasks at the request of organisations


### an organisation may request the agency to act as the competent authority responsible for the certification , oversight and enforcement with respect to that organisation , in deviation from article 51 , where that organisation holds or is eligible to apply for a certificate in accordance with the provisions of chapter iii to the national competent authority from one member state , but it has or it intends to have substantial facilities and personnel covered by that certificate located in one or more other member states . ### an organisation may request the agency to act as the competent authority responsible for the certification , oversight and enforcement tasks with respect to that organisation , in deviation from article 51 .


### where the agency considers that it can effectively exercise the responsibilities for the certification , oversight and enforcement , as requested , in compliance with this regulation and the delegated acts adopted on the basis thereof , it shall establish , jointly with the member state or member states concerned , as applicable , a transition plan that ensures an orderly transfer of those responsibilities . the organisations that requested the transfer shall be consulted on this transition plan before it is finalised . ### where the agency considers that it can effectively exercise the relevant certification , oversight and enforcement tasks , as requested , in compliance with this regulation and the delegated acts adopted on the basis thereof , it shall establish , jointly with the member state or member states concerned , as applicable , a transition plan that ensures an orderly transfer of the certification , oversight and enforcement tasks covered by the request , including the related records and documentation . the organisations that requested the transfer shall be consulted on this transition plan before it is finalised . the plan shall include a clear identification of responsibilities at authority level that are subject to the transfer , as well as the state level responsibilities that remain with the transferring member state , and include practical arrangements for ensuring seamless continuation of activities , including details on how international and eu level obligations are to be exercised .


### where the agency considers that it can effectively exercise the responsibilities for the certification , oversight and enforcement , as requested , in compliance with this regulation and the delegated acts adopted on the basis thereof , it shall establish , jointly with the member state or member states concerned , as applicable , a transition plan that ensures an orderly transfer of those responsibilities . the organisations that requested the transfer shall be consulted on this transition plan before it is finalised . ### where the agency considers that it can effectively exercise the responsibilities for the certification , oversight and enforcement , as requested , in compliance with this regulation and the delegated acts adopted on the basis thereof , it shall establish , jointly with the member state or member states concerned , as applicable , a transition plan that ensures an orderly transfer of the certification , oversight and enforcement responsibilities covered by the request , including the related records and documentation . the organisations that requested the transfer shall be consulted on this transition plan before it is finalised . the plan shall include a clear identification of the responsibilities at competent authority level that are to be transferred , as well as the state level responsibilities that remain with the transferring member state , and include practical arrangements for ensuring seamless continuation of activities , including details on how international and eu - level obligations are to be exercised .


### upon the transfer of responsibility pursuant to paragraphs 1 and 2 , the agency shall become the competent authority for the purposes of the transferred responsibility and the member state or member states concerned shall be relieved of that responsibility . in relation to the exercise of that responsibility by the agency , the provisions of chapters iv and v shall apply . ### upon the transfer of tasks pursuant to paragraphs 1 and 2 , the agency shall become the competent authority for the transferred certification , oversight and enforcement tasks and the national aviation authority of the member state or member states concerned shall be relieved of that responsibility . in relation to the exercise of the transferred tasks by the agency , the provisions of chapters iv and v shall apply .


### the provisions of article 53 and shall apply accordingly to any transfer of responsibility pursuant to this article . ### the provisions of article 53 and shall apply accordingly to any transfer of tasks pursuant to this article .


### the agency shall recommend to a member state the transfer of responsibilities in accordance with article 53 , where all of the following conditions have been met : ### the agency shall recommend to a member state the use of the arrangements provided for in article 53 , where the results of inspections and other monitoring activities conducted by the agency in accordance with article 73 indicate a serious and persisting inability of a member state to effectively perform certain or all of its certification , oversight and enforcement tasks under this regulation .


### where the member state concerned did not either give effect to the agency ' s recommendation or remedy the deficiencies within 3 months from the date of that recommendation , the commission may decide , when it considers that the conditions of paragraph 1 are met , that the responsibility for the certification , oversight and enforcement tasks concerned shall be temporarily transferred to the agency . that decision shall be taken by means of implementing acts which shall be adopted in accordance with the advisory procedure referred to in article 116 . on duly justified imperative grounds of urgency relating to aviation safety , the commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in article 116 . ### where the member state concerned did not either give effect to the agency ' s recommendation or remedy the deficiencies within 3 months from the date of that recommendation , the commission may , when it considers that the resulting situation endangers civil aviation safety , adopt implementing acts temporarily designating the agency as the competent authority responsible for the certification , oversight and enforcement tasks concerned . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 116 . on duly justified imperative grounds of urgency relating to aviation safety , the commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in article 116 .


### from the date at which the implementing decision referred to in paragraph 2 takes effect , the agency shall assess on a regular basis whether the condition of paragraph 1 continues to be met . where it considers that that condition is no longer met , it shall issue a recommendation to the commission to terminate the temporary transfer of responsibilities . ### from the date at which the implementing acts referred to in paragraph 2 take effect , the agency shall assess on a regular basis , defined in consultation with the member state concerned , whether the condition of paragraph 1 continues to be met . where it considers that that condition is no longer met , it shall issue a recommendation to the commission to terminate its temporary designation as the competent authority .


### when the commission considers , taking into account that recommendation , that the condition of paragraph 1 is no longer met , the commission shall decide that the temporary transfer of responsibilities to the agency shall be terminated . ### when the commission considers , taking into account that recommendation , that the condition of paragraph 1 is no longer met , the commission shall decide that the compulsory support for responsibilities shall be terminated .


### the delegated acts adopted on the basis of articles 18 , 25 and 44 . ### the delegated acts adopted on the basis of paragraph 1a . these delegated acts shall ensure an equivalent level of safety to the one provided for in this regulation , and shall specify the procedures and conditions for achieving and maintaining the necessary confidence in regulatory systems of third countries . in order to achieve and maintain such confidence the agency shall be authorized to conduct the necessary technical assessments and evaluations of the laws of third countries and of foreign aviation authorities . for the purpose of conducting such assessments and evaluations the agency may conclude working arrangements in accordance with article 77 .


### the agency and the national competent authorities may allocate their tasks related to certification and oversight under this regulation to qualified entities that have been accredited as being compliant with the criteria set out in annex vi . the agency and the national competent authorities which make use of the qualified entities shall establish a system for that accreditation and for the assessment of the compliance of qualified entities with those criteria , both at the moment of accreditation and continuously thereafter . ### the agency and the national aviation authorities may allocate their tasks related to certification and oversight under this regulation to qualified entities that have been accredited as being compliant with the criteria set out in annex vi and accredited in accordance with article 51 . the agency and the national aviation authorities which make use of the qualified entities shall establish a system for that accreditation and for the assessment of the compliance of qualified entities with those criteria , both at the moment of accreditation and continuously thereafter .


### where the duration of the measures referred to in paragraph 1 exceeds eight consecutive months or where a member state has taken the same measures repetitively and their total duration exceeds eight months , the agency shall assess whether the conditions of paragraph 1 have been met and issue , within three months from the date of the reception of the notification referred to in paragraph 1 , a recommendation to the commission as regards the outcome of that assessment . the agency shall include that recommendation in the repository established under article 63 . ### upon receipt of the notification referred to in paragraph 1 , the agency shall , without undue delay , assess whether the conditions of paragraph 1 have been met .


### where the duration of the exemptions referred to in paragraph 1 exceeds eight consecutive months or where a member state has granted the same exemptions repetitively and their total duration exceeds eight months , the agency shall assess whether the conditions of paragraph 1 have been met and issue , within three months from the date of the reception of the notification referred to in paragraph 1 , a recommendation to the commission as regards the outcome of that assessment . the agency shall include that recommendation in the repository established under article 63 . ### where the duration of the exemptions referred to in paragraph 1 exceeds three consecutive months or where a member state has granted the same exemptions repetitively and their total duration exceeds three months , the agency shall assess whether the conditions of paragraph 1 have been met and issue , within one month from the date of the reception of the last notification referred to in paragraph 1 , a recommendation to the commission as regards the outcome of that assessment . the agency shall include that recommendation in the repository established under article 63 .


### in that case , the commission shall , taking account of that recommendation , assess whether those conditions have been met . where the commission considers that those conditions have not been met or where it departs from the outcome of the assessment by the agency , it shall adopt , within 3 months from the date of the reception of that recommendation , an implementing decision to that effect , which shall be published in the official journal of the european union and entered into the repository established under article 63 . ### in that case , the commission shall , taking account of that recommendation , assess whether those conditions have been met . where the commission considers that those conditions have not been met or where it departs from the outcome of the assessment by the agency , it shall adopt , within one month from the date of the reception of that recommendation , implementing acts to that effect , which shall be published in the official journal of the european union and entered into the repository established under article 63 .


### upon the reception of the notification referred to in paragraph 1 , the agency shall , without undue delay , also assess whether the problem identified by the member state can be addressed by the agency by taking the decisions referred to in the first subparagraph of article 65 , so that the measures taken by the member state are no longer needed . where the agency considers that the problem can be addressed in that manner , it shall take the appropriate decision to that effect . where it considers that the problem cannot be addressed in that manner , it shall issue a recommendation to the commission as regards the amendment of the delegated acts or implementing acts adopted on the basis of this regulation that it considers necessary in light of the application of paragraph 1 . ### the commission shall assess , taking account of the agency recommendation , whether those conditions have been met .


### where a member state considers that the compliance with the applicable essential requirements set out in the annexes can be demonstrated by other means than those laid down in the delegated and implementing acts adopted on the basis of this regulation , and that those means present significant advantages in terms of civil aviation safety or of efficiency for the persons subject to this regulation or for the authorities concerned , it may submit to the commission and the agency , through the repository established under article 63 , a reasoned request for amendment of the delegated or implementing act concerned so as to allow for the use of those other means . ### where a member state considers that the compliance with the applicable essential requirements set out in the annexes can be demonstrated by other means than those laid down in the delegated and implementing acts adopted on the basis of this regulation , and that those means present significant advantages in terms of civil aviation safety , it may submit to the commission and the agency , through the repository established under article 63 , a reasoned request for amendment of the delegated or implementing acts concerned so as to allow for the use of those other means .


### in that case , the agency shall , without undue delay , issue a recommendation to the commission on whether the member state ' s request fulfils the conditions of the first subparagraph . ### in that case , the agency shall , within three months from the date of reception of the request , issue a recommendation to the commission on whether the member state ' s request fulfils the conditions of the first subparagraph .


### upon a request by the commission , the agency shall analyse urgent or important issues falling within the scope of this regulation . where relevant , the national competent authorities shall cooperate with the agency for the purpose of conducting such analysis . ### upon a request by the commission , the agency shall analyse urgent or important issues falling within the scope of this regulation . the national aviation authorities shall cooperate with the agency for the purpose of conducting such analysis .


### employees and contracted personnel who provide information in application of this regulation and the delegated and implementing acts adopted on the basis thereof shall not be subject to any prejudice by their employer or by the organisation for which they provide services , on the basis of the information provided . ### member states shall ensure that employees and contracted personnel who provide information in application of this regulation and the delegated and implementing acts adopted on the basis thereof shall not be subject to any prejudice by their employer or by the organisation for which they provide services , on the basis of the information provided .


### certificates issued and declarations received by the agency and by national competent authorities in accordance with the provisions of chapter iii and articles 53 , 54 , 55 , 66 , 67 , 68 , 69 and 70 ; ### certificates issued and declarations received by the agency and by national aviation authorities in accordance with the provisions of chapter iii and articles 53 , 54 , 55 , 66 , 67 , 67a , 67b , 68 , 69 and 70


### the european union aviation safety agency ### the european union aviation agency


### a european union aviation safety agency is hereby established . ### a european union aviation agency is hereby established .


### the agency shall take the appropriate decisions for the application of articles 53 , 54 , 55 , 66 , 67 , 68 , 69 , 70 , 71 and 73 . ### the agency shall take the appropriate decisions for the application of articles 53 , 54 , 55 , 66 , 67 , 67a , 67b , 68 , 69 , 70 , 71 and 73 .


### with regard to the products , parts and non - installed equipment referred to in article 2 and 2 , the agency shall , where applicable and as specified in the chicago convention or the annexes thereto , carry out on behalf of member states the functions and tasks of the state of design , manufacture or registry , when those functions and tasks are related to design certification and mandatory continuing airworthiness information . to that end , it shall in particular : ### with regard to the products , parts and non - installed equipment referred to in article 2 the agency shall , where applicable and as specified in the chicago convention or the annexes thereto , carry out on behalf of member states the functions and tasks of the state of design , manufacture or registry , when those functions and tasks are related to design certification and mandatory continuing airworthiness information . to that end , it shall in particular :


### ensure the continuing airworthiness functions associated with the design of products , the design of parts and non - installed equipment it has certified and in respect of which it performs oversight , including reacting without undue delay to a safety or security problem and issuing and disseminating the applicable mandatory information ; ### ensure the continuing airworthiness functions associated with the design of products , the design of parts and non - installed equipment it has certified and in respect of which it performs oversight , including reacting without undue delay to a flight safety or security problem and issuing and disseminating the applicable mandatory information ;


### the certificates for , and the declarations made by , the organisations referred to in article 37 , where those organisations are involved in the design , manufacture or maintenance of pan - european atm / ans systems and constituents ; ### the certificates for , and the declarations made by , the organisations referred to in article 37 , where those organisations are involved in the design , manufacture or maintenance of pan - european atm / ans systems and constituents , upon which safety or interoperability is dependent ;


### the declarations made by the atm / ans providers to which the agency has issued a certificate in accordance with points and , in respect of atm / ans systems and constituents which are put in operation by those providers in accordance with article 38 . ### the declarations made by the atm / ans providers to which the agency has issued a certificate in accordance with points and , in respect of atm / ans systems and constituents , upon which safety or interoperability is dependent , which are put in operation by those providers in accordance with article 38 .


### the amount of the fines shall not exceed 4 % of the annual income or turnover of the legal or natural person concerned . the amount of the periodic penalty shall not exceed 2 . 5 % of the average daily income or turnover of the legal or natural person concerned . ### the amount of the fines shall not exceed 4 % of the annual income or turnover achieved by the legal or natural person concerned through the activities concerned by the violation . the amount of the periodic penalty shall not exceed 2 . 5 % of the average daily income or turnover of the natural or legal person concerned .


### examine , copy or make extracts from any document , record or data held by or accessible to those authorities and persons , irrespective of the medium on which the information in question is stored . ### examine , copy or make extracts from any document , record or data , which is relevant for the purposes of the inspection or monitoring activity which is being carried out , held by or accessible to those authorities and persons , irrespective of the medium on which the information in question is stored .


### the agency shall assist the member states and the commission in identifying key research themes in the field of civil aviation to contribute to ensuring consistency and coordination between publicly funded research and development and policies falling within the scope of this regulation . ### the agency shall assist the member states and the commission in identifying key research themes in the field of civil aviation to contribute to ensuring consistency and coordination between publicly funded research and development and policies falling within the scope of this regulation . where the agency and eurocontrol have similar research and development activities , they shall work together to ensure that those activities are , as far as possible , mutually consistent .


### the measures taken by the agency as regards emissions and noise , for the purpose of the certification of the design of products in accordance with article 11 , shall aim at preventing significant harmful effects on the environment and human health caused by the civil aviation activities concerned . ### the measures taken by the agency as regards emissions and noise , for the purpose of the certification of the development of products in accordance with article 11 , shall aim at preventing significant harmful effects on the environment and human health caused by the civil aviation activities concerned , with due regard for environmental benefits , technical feasibility , economic capacities and possible interactions and distortions of competition with regulations and measures already adopted by icao .


### the member states , the commission , the agency and other union institutions , bodies , offices and agencies shall , within their respective fields of competence , cooperate on environmental matters , including those addressed in regulation no 1907 / 2006 of the european parliament and of the council21 , with a view to ensuring that interdependencies between environmental protection , human health and other technical domains of civil aviation are taken into account . __________________ 21 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation no 1488 / 94 as well as council directive 76 / 769 / eec and commission directives 91 / 155 / eec , 93 / 67 / eec , 93 / 105 / ec and 2000 / 21 / ec . ### the member states , the commission , the agency and other union institutions , bodies , offices and agencies shall , within their respective fields of competence , cooperate on environmental matters , including , but not limited to , those addressed in regulation no 1907 / 2006 of the european parliament and of the council21 and in directive 2003 / 87 / ce of the european parliament and of the council 21awith a view to ensuring that interdependencies between environmental protection , human health and other technical domains of civil aviation are taken into account . __________________ 21 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation no 1488 / 94 as well as council directive 76 / 769 / eec and commission directives 91 / 155 / eec , 93 / 67 / eec , 93 / 105 / ec and 2000 / 21 / ec . 21a directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending council directive 96 / 61 / ec .


### the agency shall assist the commission with the definition and coordination of civil aviation environmental protection policies and actions , in particular by conducting studies , simulations and providing technical advice . ### the agency shall assist the commission with the definition and coordination of civil aviation environmental protection policies and actions , in particular by conducting studies , simulations and providing technical advice in areas in which there are interdependencies with environmental protection , human health and other technical aspects of civil aviation .


### the agency shall assist the commission with the definition and coordination of civil aviation environmental protection policies and actions , in particular by conducting studies , simulations and providing technical advice . ### the agency shall assist the commission with the definition and coordination of civil aviation environmental protection policies and actions , in particular by conducting studies , simulations and providing technical advice in areas in which there are interdependencies between environmental protection , health and other technical aspects of civil aviation .


### the member states , the commission and the agency shall cooperate on security matters related to civil aviation , including cyber security , with a view to ensuring that interdependencies between civil aviation safety and security are taken into account . ### the agency , in cooperation with member states and the commission , shall tackle security matters related to civil aviation safety , including cyber security , where interdependencies between civil aviation safety and security exist .


### to protect civil aviation against acts of unlawful interference , the agency may take the necessary measures under article 65 and article 66 . before taking such measures , the agency shall obtain the agreement of the commission and consult the member states . ### without prejudice to the related national competences of the member states , to protect civil aviation against acts of unlawful interference , the agency may :


### the agency shall , upon request , assist the commission in its management of relations with third countries and international organisations relating to matters covered by this regulation . such assistance shall in particular contribute to the harmonisation of rules and the mutual recognition of certificates . ### the agency shall assist the commission in its management of relations with third countries and international organisations relating to matters covered by this regulation . such assistance shall in particular contribute to the harmonisation of rules and the mutual recognition of certificates .


### contributing to the implementation of the atm master plan , including the development and deployment of the single european sky atm research programme . ### contributing to the implementation of the atm master plan , including the development , certification and deployment of the single european sky atm research programme and results .


### the management board shall be composed of representatives from member states and from the commission , all with voting rights . each member state shall appoint one member of the management board and one alternate who will represent the member in his or her absence . the commission shall appoint two representatives and their alternates . the term of office for members and their alternates shall be four years . that term shall be extendable . ### the management board shall be composed of representatives from member states and from the commission , all with voting rights . each member state shall appoint one member of the management board and one alternate who will represent the member in his or her absence . the commission shall appoint one representative and one alternate . the term of office for members and their alternates shall be four years . that term shall be extendable .


### members of the management board and their alternates shall be appointed in light of their knowledge , recognised experience and commitment in the field of civil aviation , taking into account relevant managerial , administrative and budgetary expertise , which are to be used to further the objectives of this regulation . they shall have overall responsibility at least for civil aviation safety policy in their respective member states . ### members of the management board and their alternates shall be appointed in light of their knowledge , recognised experience and commitment in the field of civil aviation , taking into account relevant managerial , administrative and budgetary expertise , which are to be used to further the objectives of this regulation .


### without prejudice to articles 85 and , and 92 , the management board shall take decisions by majority of its members with voting rights . at the request of a member of the management board , the decision referred to in article 85 shall be taken by unanimity . ### without prejudice to articles 85 and , and 92 , the management board shall take decisions by majority of its members with voting rights .


### without prejudice to the responsibilities of the executive director , as set out in article 91 , assist and advise him or her in the implementation of the decisions of the management board , with a view to reinforcing supervision of administrative and budgetary management . ### without prejudice to the responsibilities of the executive director assist and advise him or her in the implementation of the decisions of the management board , with a view to reinforcing supervision of administrative and budgetary management .


### when necessary , because of urgency , the executive board may take certain provisional decisions on behalf of the management board , in particular on administrative management matters , including the suspension of the delegation of the appointing authority powers and budgetary matters . they shall be referred to the earliest meeting of the management board for confirmation . ### when necessary , because of urgency , the executive board may take certain provisional decisions on behalf of the management board , in particular on administrative management matters , including the suspension of the delegation of the appointing authority powers and budgetary matters . they shall be referred to the earliest meeting of the management board for confirmation . the decisions shall be taken by a majority of five of the seven members of the executive board . the management board may revoke those decisions by a vote taken by absolute majority .


### the executive board shall be composed of the chairperson of the management board , two representatives of the commission and six other members appointed by the management board from among its members with the right to vote . the chairperson of the management board shall also be the chairperson of the executive board . the executive director shall take part in the meetings of the executive board , but shall not have the right to vote . the advisory board may appoint one of its members as observer . ### the executive board shall be composed of the chairperson of the management board , one representative of the commission and five other members appointed by the management board from among its members with the right to vote . the chairperson of the management board shall also be the chairperson of the executive board . the executive director shall take part in the meetings of the executive board , but shall not have the right to vote . the advisory board may appoint one of its members as observer without the right to vote .


### the executive board shall hold at least one ordinary meeting every three months . in addition , it shall meet on the initiative of its chairperson or at the request of its members . ### the executive board shall hold at least one ordinary meeting every three months . in addition , it shall meet on the initiative of its chairperson or of the executive director , or at the request of one third of its members .


### before appointment , the candidate selected by the management board may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . ### before appointment , the candidate selected by the management board shall be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members .


### the term of office of the executive director shall be five years . by the end of that period , the commission shall undertake an assessment that takes into account an evaluation of the executive director ' s performance and the agency ' s future tasks and challenges . ### the term of office of the executive director shall be five years . at the midway point and by the end of that period , the commission shall undertake assessments that take into account an evaluation of the executive director ' s performance and the agency ' s future tasks and challenges . the assessments shall be transmitted to the competent committee of the european parliament and after the midterm assessment , the executive director shall make a statement before the competent committee of the european parliament and shall answer questions put to him or her by its members .


### one or more boards of appeal shall be established as part of the administrative structure of the agency . the commission shall determine the number of boards of appeal and the work allocated to it or them through implementing acts which shall be adopted in accordance with the advisory procedure referred to in article 116 . ### the commission shall adopt implementing acts establishing one board of appeal as part of the administrative structure of the agency . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 116 .


### the board or boards of appeal shall be responsible for deciding on appeals against the decisions referred to in article 97 . the board or boards of appeal shall be convened as necessary . ### the board of appeal shall be responsible for deciding on appeals against the decisions referred to in article 97 . the board of appeal shall be convened as necessary .


### a board of appeal shall consist of a chairperson and two other members . ### the board of appeal shall consist of a chairperson and two other members .


### the commission shall determine the qualifications required for the members of each board of appeal , their status and contractual relationship with the agency , the powers of individual members in the preparatory phase of decisions and the voting conditions . the commission shall do so through implementing acts which shall be adopted in accordance with the advisory procedure referred to in article 116 . ### the commission shall adopt implementing acts laying down the qualifications required for the members of the board of appeal , their status and contractual relationship with the agency , the powers of individual members in the preparatory phase of decisions and the voting conditions . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 116 .


### the term of office of the members of a board of appeal , including the chairperson and any alternates , shall be five years and shall be extendable for a further five years . ### the term of office of the members of the board of appeal , including the chairperson and any alternates , shall be five years and shall be extendable for a further five years .


### the members of a board of appeal shall be independent . in making their decisions they shall neither seek nor take instructions from any government or from any other body . ### the members of the board of appeal shall be independent . in making their decisions they shall neither seek nor take instructions from any government or from any other body .


### the members of a board of appeal shall not perform any other duties within the agency . the members of a board of appeal may work on a part - time basis . ### the members of the board of appeal shall not perform any other duties within the agency . the members of a board of appeal may work on a part - time basis .


### the members of a board of appeal shall not be removed from office or from the list of qualified candidates during their term of office , unless there are serious grounds for such removal and the commission , after having received the opinion of the management board , takes a decision to that effect . ### the members of the board of appeal shall not be removed from office or from the list of qualified candidates during their term of office , unless there are serious grounds for such removal and the commission , after having received the opinion of the management board , takes a decision to that effect .


### the members of a board of appeal shall not take part in any appeal proceedings if they have any personal interest therein , if they have previously been involved as representatives of one of the parties to the proceedings or if they participated in the adoption of the decision under appeal . ### the members of the board of appeal shall not take part in any appeal proceedings if they have any personal interest therein , if they have previously been involved as representatives of one of the parties to the proceedings or if they participated in the adoption of the decision under appeal .


### if , for one of the reasons listed in paragraph 1 or for any other reason , a member of a board of appeal considers that he or she should not take part in any appeal proceeding , he or she shall inform the board of appeal accordingly . ### if , for one of the reasons listed in paragraph 1 or for any other reason , a member of the board of appeal considers that he or she should not take part in any appeal proceeding , he or she shall inform the board of appeal accordingly .


### any party to the appeal proceedings may object to any member of a board of appeal on any of the grounds given in paragraph 1 , or if the member is suspected of partiality . any such objection shall not be admissible if , while being aware of a reason for objecting , the party to the appeal proceedings has taken a procedural step . no objection may be based on the nationality of members . ### any party to the appeal proceedings may object to any member of the board of appeal on any of the grounds given in paragraph 1 , or if the member is suspected of partiality . any such objection shall not be admissible if , while being aware of a reason for objecting , the party to the appeal proceedings has taken a procedural step . no objection may be based on the nationality of members .


### an appeal may be brought against decisions of the agency taken pursuant to articles 53 , 54 , 55 , 66 , 67 , 68 , 69 , 70 , 71 or 115 . ### an appeal may be brought against decisions of the agency taken pursuant to articles 53 , 54 , 55 , 66 , 67 , 67a , 67b , 68 , 69 , 70 , 71 or 115 .


### actions for the annulment of decisions of the agency taken pursuant to articles 53 , 54 , 55 , 66 , 67 , 68 , 69 , 70 , 71 or 115 may be brought before the court of justice of the european union only after all appeal procedures within the agency have been exhausted . ### actions for the annulment of decisions of the agency taken pursuant to articles 53 , 54 , 55 , 66 , 67 , 67a , 67b , 68 , 69 , 70 , 71 or 115 may be brought before the court of justice of the european union only after all appeal procedures within the agency have been exhausted .


### the agency may engage in communication activities on its own initiative within its field of competence . it shall ensure in particular that , in addition to the publication specified in article 104 , the general public and any interested party are rapidly given objective , reliable and easily understandable information with regard to its work . the agency shall ensure that the allocation of its resources to communication activities shall not be detrimental to the effective exercise of the tasks referred to in article 64 . ### the agency may engage in communication activities on its own initiative within its field of competence . it shall ensure in particular that , in addition to the publication specified in article 104 , the general public and any interested party are rapidly given objective , reliable and easily understandable information with regard to its work .


### regulatory budgets , the fees set and collected for certification activities and charges levied by the agency shall be dealt with separately in the agency ' s accounts . ### regulatory budgets , the fees set and collected for certification activities and charges levied by the agency , the fines and the periodical penalties and the charges mentioned at paragraph 1 shall be dealt with separately in the agency ' s accounts .


### the agency shall adapt its staff planning and management of resources related to fees and charges in a manner that enables it to swiftly respond to fluctuations in revenue from fees and charges . ### the agency shall adapt , during the financial year , its staff planning and management of resources related to revenues mentioned in paragraph 4 of this article in a manner that enables it to swiftly respond to work load and fluctuations of these revenues .


### each year , the executive director shall draw up a draft statement of estimates of the agency ' s revenue and expenditure for the following financial year , including a draft establishment plan , and send it to the management board . that draft establishment plan shall , in relation to posts financed from fees and charges , be based on a limited set of indicators approved by the commission to measure the agency ' s workload and efficiency , and shall set out the resources required to meet demands for certification and other activities of the agency in an efficient and timely manner , including those resulting from transfers of responsibility in accordance with articles 53 , 54 and 55 . the management board shall , on the basis of that draft , adopt a provisional draft estimate of revenue and expenditure of the agency for the following financial year . the provisional draft estimate of the agency ' s revenue and expenditure shall be sent to the commission by 31 january each year . ### each year , the executive director shall draw up a draft statement of estimates of the agency ' s revenue and expenditure for the following financial year , including a draft establishment plan , and send it to the management board . that draft establishment plan shall , in relation to posts financed from revenues in accordance with paragraph 4 of this article , be based on a limited set of indicators approved by the commission to measure the agency ' s workload and efficiency , and shall set out the resources required to meet demands for certification and other activities of the agency in an efficient and timely manner , including those resulting from transfers of responsibility in accordance with articles 53 , 54 and 55 . the management board shall , on the basis of that draft , adopt a provisional draft estimate of revenue and expenditure of the agency for the following financial year . the provisional draft estimate of the agency ' s revenue and expenditure shall be sent to the commission by 31 january each year .


### the budgetary authority shall authorise appropriations for the contribution to the agency and shall adopt the establishment plan of the agency . ### the budgetary authority shall authorise appropriations for the contribution to the agency and shall adopt the establishment plan of the agency , taking into account the indicators related to agency workload and efficiency referred to in paragraph 6 .


### the european parliament , on a recommendation from the council acting by a qualified majority , shall , before 15 may of year n + 2 , give a discharge to the executive director in respect of the implementation of the budget for year n . ### the european parliament , on a recommendation from the council acting by a qualified majority , shall , before 15 may of year n + 2 , decide on the discharge to the executive director in respect of the implementation of the budget for year n .


### not later than [ five years after the date referred to in article 127 &#8211 ; op please insert the exact date ] , and every five years thereafter , the commission shall commission an evaluation in compliance with the commission guidelines to assess the agency ' s performance in relation to its objectives , mandate and tasks . the evaluation shall , in particular , address the possible need to modify the mandate of the agency , and the financial implications of any such modification . ### not later than [ three years after the date referred to in article 127 &#8211 ; op please insert the exact date ] , and every five years thereafter , the commission shall commission an evaluation in compliance with the commission guidelines to assess the agency ' s performance in relation to its objectives , mandate and tasks . the evaluation shall , in particular , address the possible need to modify the mandate of the agency , and the financial implications of any such modification .


### the power to adopt delegated acts referred to in article 2 , article 18 , article 25 , article 28 , article 34 , article 39 , article 44 , article 47 , article 50 , article 51 , article 52 , article 72 and article 115 shall be conferred on the commission for an indeterminate period of time . ### the power to adopt delegated acts referred to in article 2 , article 18 , article 25 , article 28 , article 34 , article 39 , article 44 , article 47 , article 50 , article 51 , article 52 , article 64 , article 72 and article 115 shall be conferred on the commission for an indeterminate period of time .


### it holds a valid aoc issued by a national authority of a member state or by the european union aviation safety agency ; ### it holds a valid aoc issued by a national authority of a member state or by the european union aviation agency ;


### however , this regulation shall not apply to occurrences and other safety - related information involving unmanned aircraft for which a certificate or declaration is not required pursuant to article 46 and of regulation yyyy / n [ ref . to new regulation ] , unless the occurrence or other safety - related information involving such unmanned aircraft resulted in a fatal or serious injury to a person or it involved aircraft other than unmanned aircraft . ### however , this regulation shall not apply to occurrences and other safety - related information involving unmanned aircraft for which a certificate or declaration is not required pursuant to article 46 and of regulation yyyy / n [ ref . to new regulation ] , unless the occurrence or other safety - related information involving such unmanned aircraft resulted in a fatal or could have resulted in a fatal or serious injury to a person or it involved aircraft other than unmanned aircraft .


### manned aircraft at least 51 % of which is built by an amateur , or a non - profit making association of amateurs , for their own purposes and without any commercial objective ; ### manned aircraft , of which at least 300 hours or 51% , whichever is less , is built by an amateur or a non - profit making association of amateurs , for their own purposes and without any commercial objective ;


### product integrity must be assured for all anticipated flight conditions for the operational life of the aircraft . compliance with all requirements must be shown by assessment or analysis , supported , where necessary , by tests . ### product integrity , including protection against information security threats , must be assured for all anticipated flight conditions for the operational life of the aircraft . compliance with all requirements must be shown by assessment or analysis , supported , where necessary , by tests .


### 4 . 3 . non - installed equipment must be designed to minimise errors which could contribute to the creation of hazards . ### 4 . 3 . non - installed equipment must not introduce errors that contribute to the creation of hazards .


### products must be designed to be as quiet as possible , taking into account point 4 . ### products must be designed to be as quiet as possible , taking into account technical feasibility , economic equitableness and point 4 .


### products must be designed to be as quiet as possible , taking into account point 4 . ### products must be designed to minimise noise , in compliance with currently applicable eu regulations , international standards and recommended practices , taking into account point 4 .


### products must be designed to minimize emissions to the extent possible taking into account point 4 . ### products must be designed to minimize emissions to the extent possible taking into account technical feasibility , economic equitableness and point 4 .


### products must be designed to minimize emissions to the extent possible taking into account point 4 . ### products must be designed to minimize emissions in compliance with currently applicable eu regulations , international standards and recommended practices , taking into account point 4 .


### products must be designed to minimise the emissions arising from the evaporation or discharge of fluids , taking into account point 4 . ### products must be designed to minimise the emissions arising from the evaporation or discharge of fluids , taking into account technical feasibility , economic equitableness and point 4 .


### 5 . all necessary data , documents , records and information to record the respect of the conditions specified in point 5 . 3 must be retained for each flight and kept available for a minimum period of time compatible with the type of operation . ### 5 . all necessary data , documents , records and information to record the respect of the conditions specified in point 5 . 3 must be retained for each flight and kept available and protected against unauthorised modification for a minimum period of time compatible with the type of operation .


### 4 . records necessary to demonstrate the airworthiness and environmental compatibility status of the aircraft must be kept for the period of time corresponding to the applicable continuing airworthiness requirements , until the information contained has been superseded by new information equivalent in scope and detail but in any event not less than 24 months . ### 4 . records necessary to demonstrate the airworthiness and environmental compatibility status of the aircraft must be kept and protected against unauthorised modification for the period of time corresponding to the applicable continuing airworthiness requirements , until the information contained has been superseded by new information equivalent in scope and detail but in any event not less than 24 months .


### 5 . all modifications and repairs must comply with the essential requirements for airworthiness and , if applicable , the environmental compatibility of products . the substantiating data supporting compliance with the airworthiness requirements and requirements for the environmental compatibility of products must be retained . ### 5 . all modifications and repairs must comply with the essential requirements for airworthiness and , if applicable , the environmental compatibility of products . the substantiating data supporting compliance with the airworthiness requirements and requirements for the environmental compatibility of products must be retained and protected against unauthorised modification .


### the entity and the staff responsible for the certification and oversight tasks must carry out their duties with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive , in particular of a financial type , which could affect their judgment or the results of their certification and oversight tasks , in particular from persons or groups of persons affected by these results . ### the entity and the staff responsible for the certification and oversight tasks must carry out their duties with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive , in particular of a financial type , which could affect their judgment and decisions or the results of their certification and oversight tasks , in particular from persons or groups of persons affected by these results .


### 4 . 2 . the data shall be accurate , readable , complete and unambiguous . appropriate integrity levels shall be maintained . ### 4 . 2 . the data shall be accurate , readable , complete and unambiguous . appropriate integrity levels and authenticity shall be maintained .


### 1 . 2 . aeronautical information shall be accurate , complete , current , unambiguous and be of adequate integrity in a suitable format for users . ### 1 . 2 . aeronautical information shall be accurate , complete , current , unambiguous and be of adequate authenticity , integrity and in a suitable format for users .


### 2 . 2 . to the extent possible , aeronautical meteorological information shall be precise , complete , current , be of adequate integrity and unambiguous in order to meet the needs of airspace users . ### 2 . 2 . to the extent possible , aeronautical meteorological information shall be precise , complete , current , be of adequate authenticity , integrity and unambiguous in order to meet the needs of airspace users .


### communication services shall achieve and maintain sufficient performance with regard to their availability , integrity , continuity and timeliness . they shall be expeditious and protected from corruption . ### communication services shall achieve and maintain sufficient performance with regard to their availability , integrity , continuity and timeliness . they shall be expeditious and protected from corruption and interference .


### navigation services shall achieve and maintain a sufficient level of performance with regard to guidance , positioning and , when provided , timing information . the performance criteria include accuracy , integrity , availability and continuity of the service . ### navigation services shall achieve and maintain a sufficient level of performance with regard to guidance , positioning and , when provided , timing information . the performance criteria include accuracy , integrity , authenticity , availability and continuity of the service .


### surveillance services shall determine the respective position of aircraft in the air and of other aircraft and ground vehicles on the aerodrome surface , with sufficient performance with regard to their accuracy , integrity , continuity and probability of detection . ### surveillance services shall determine the respective position of aircraft in the air and of other aircraft and ground vehicles on the aerodrome surface , with sufficient performance with regard to their accuracy , integrity , authenticity , continuity and probability of detection .


### the tactical management of air traffic flows at union level shall use and provide sufficiently precise and current information of the volume and nature of the planned air traffic affecting service provision and shall coordinate and negotiate re - routing or delaying traffic flows in order to reduce the risk of overloading situations occurring in the air or at the aerodromes . flow management shall be performed with a view to optimising available capacity in the use of airspace and enhancing air traffic flow management processes . it shall be based on safety , transparency and efficiency , ensuring that capacity is provided in a flexible and timely manner , consistent with the european air navigation plan . ### the tactical management of air traffic flows at union level shall use and provide sufficiently precise , authentic and current information of the volume and nature of the planned air traffic affecting service provision and shall coordinate and negotiate re - routing or delaying traffic flows in order to reduce the risk of overloading situations occurring in the air or at the aerodromes . flow management shall be performed with a view to optimising available capacity in the use of airspace and enhancing air traffic flow management processes . it shall be based on safety , transparency and efficiency , ensuring that capacity is provided in a flexible and timely manner , consistent with the european air navigation plan .


### atm / ans systems and constituents providing related information to and from the aircraft and on the ground shall be properly designed , manufactured , installed , maintained and operated to ensure that they are fit for their intended purpose . ### atm / ans systems and constituents providing related information to and from the aircraft and on the ground shall be properly designed , manufactured , installed , maintained , protected against unauthorised electronic interference and operated to ensure that they are fit for their intended purpose .


### an unmanned aircraft must be designed and constructed so that it is fitted for its function , and can be operated , adjusted and maintained without putting persons at risk when these operations are carried out under the conditions for which the aircraft was designed . ### an unmanned aircraft must be designed and constructed so that it is fitted for its function , and can be operated , adjusted and maintained without putting persons at risk .