2002R1592 — EN — 01.10.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION (EC) No 1592/2002 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL
of15July2002
oncommonrulesinthefieldofcivilaviationandestablishingaEuropeanAviationSafetyAgency
(TextwithEEArelevance)
(OJ L 240, 7.9.2002, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1701/2003 of 24 September 2003 L 243 5 27.9.2003
►M2Regulation (EC) No 1643/2003 of the European Parliament and of the
Council of 22 July 2003L 245 7 29.9.2003
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REGULATION (EC) No 1592/2002 OF THE EUROPEAN
PARLIAMENTANDOFTHECOUNCIL
of15July2002
on common rules in the field of civil aviation and establishing a
EuropeanAviationSafetyAgency
(TextwithEEArelevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 80(2) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the Opinion of the Economic and Social
Committee (2),
Having consulted the Committee of the Regions,Acting in accordance withth e procedure laid down in Article 251 of
the Treaty (
3),
Whereas:
(1)A high and uniform level of protection of the European citizen
should at all times be ensured in civil aviation, by the adoptionof common safety rules and by measures ensuring that products,persons and organisations in the Community comply with suchrules and those adopted to protect the environment. This will
contribute to facilitating the free movement of goods, persons
and organisations in the internal market.
(2)As a consequence, aeronautical products should be subject tocertification to verify that they meet essential airworthiness andenvironmental protection requirements relating to civil aviation.Appropriate essential requirements should be developed within
one year after the entry into force of this Regulation to cover
operations of aircraft and flight crew licensing and applicationof the Regulation to third-country aircraft and, thereafter, otherareas in the field of civil aviation safety.
(3)In order to respond to increasing concerns over the health and
welfare of passengers during flights, it is necessary to develop
aircraft designs which better protect the safety and health ofpassengers.
(4)Results of air accident investigations should be acted upon as amatter of urgency, in particular when they relate to defectiveaircraft design and/or operational matters, in order to ensure
consumer confidence in air transport.
(5)The Convention on International Civil Aviation, signed in
Chicago on 7 December 1944 (‘Chicago Convention’), to whichall Member States are parties, already provides for minimumstandards to ensure the safety of civil aviation and environmentalprotection relating thereto. Community essential requirements
and rules adopted for their implementation should ensure that
Member States fulfil the obligations created by the ChicagoConvention, including those vis-à-vis third countries.
(6)Aeronautical products, parts and appliances should be certifiedonce they have been found in compliance with essentialairworthiness and environmental protection requirements laid2002R1592 — EN — 01.10.2003 — 002.001 — 2
(1) OJ C 154 E, 29.5.2001, p. 1.
(2) OJ C 221, 7.8.2001, p. 38.
(3) Opinion of the European Parliament of 5 September 2001 (OJ C 72 E,
21.3.2002, p. 146), Council Common Position of 19 December 2001 (OJ C
58 E, 5.3.2002, p. 44) and Decision of the European Parliament of 9 April
2002 (not yet published in the Official Journal). Council Decision of 18
June 2002.
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down by the Community in line with standards set by the
Chicago Convention. The Commission should be empowered todevelop the necessary implementing rules.
(7)In order to achieve Community objectives as regards thefreedom of movement of goods, persons and services, as wellas those of the common transport policy, Member States should,without further requirements or evaluation, accept products, partsand appliances, organisations or persons certified in accordance
withth is Regulation and its implementing rules.
(8)Enoughflexibility sh ould be provided for addressing special
circumstances suchas urgent safety measures, unforeseen orlimited operational needs and provisions should also be madefor reaching an equivalent safety level by other means. Member
States should be entitled to grant exemptions from the require-
ments of this Regulation and its implementing rules, providedthat they are strictly limited in scope and subject to appropriateCommunity control.
(9)The fulfilment of the objectives of this Regulation may be effi-
ciently achieved through cooperation with third countries. In
such a case, the provisions of this Regulation and its imple-menting rules may be adapted through agreements concluded bythe Community with these countries. In the absence of suchagreements, Member States should nevertheless be allowed,subject to appropriate Community control, to recognise the
approvals granted to foreign products, parts and appliances,
organisations and personnel by a third country.
(10)It is necessary to establishappropriate measures to ensure boththe necessary protection of sensitive safety data and to providethe public with adequate information pertaining to the level of
civil aviation safety and environmental protection relating
thereto, taking into account Regulation (EC) No 1049/2001 ofthe European Parliament and of the Council of 30 May 2001regarding public access to European Parliament, Council andCommission documents (
1) and relevant national legislation.
(11)There is a need for better arrangements in all the fields covered
by this Regulation, so that certain tasks currently performed at
Community or national level should be carried out by a singlespecialised expert body. There is, therefore, a need within theCommunity's existing institutional structure and balance ofpowers to establisha European Aviation Safety Agency wh ich
is independent in relation to technical matters and has legal,
administrative and financial autonomy. To that end, it is neces-sary and appropriate that it should be a Community body havinglegal personality and exercising the implementing powers whichare conferred on it by this Regulation.
(12)In order to properly assist the Community, the Agency should beallowed to develop its expertise in all aspects of civil aviationsafety and environmental protection covered by this Regulation.It should assist the Commission in the preparation of the neces-sary legislation and assist the Member States and the industry inits implementation. It should be able to issue certification speci-
fications and guidance material and to make technical findings
and issue certificates as required and it should assist theCommission in monitoring the application of this Regulationand of its implementing rules and should be given the necessaryauthority to fulfil its tasks.
(13)The Commission and the Member States should be representedwithin a Management Board in order to control effectively thefunctions of the Agency. This Board should be entrusted withthe necessary powers to establish the budget, verify its execu-tion, adopt the appropriate financial rules, establish transparentworking procedures for decision making by the Agency and2002R1592 — EN — 01.10.2003 — 002.001 — 3
(1) OJ L 145, 31.5.2001, p. 43.
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appoint the Executive Director. It is also appropriate that the
Agency be allowed to conduct researchand to organise appro-priate coordination with the Commission and the Member
States. It is desirable that the Agency assist the Community and
its Member States in the field of international relations,including the harmonisation of rules, recognition of approvalsand technical cooperation, and be entitled to establish the appro-priate relations with the aeronautical authorities of third
countries and international organisations competent in matters
covered by this Regulation.
(14)Public interest requires the Agency to base its safety-relatedaction solely on independent expertise, strictly applying thisRegulation and the rules adopted by the Commission for its
implementation. To that end, all safety-related Agency decisions
should be made by its Executive Director, who should be leftwitha h ighdegree of flexibility to obtain advice and to organisethe internal functioning of the Agency. When, however, theAgency has to develop draft rules of a general nature to beimplemented by national authorities, Member States should be
involved in the decision-shaping process.
(15)It is necessary to ensure that parties affected by decisions made
by the Agency enjoy the necessary remedies in a manner whichis suited to the special character of the field of aviation. Anappropriate appeal mechanism should be set up so that decisions
of the Executive Director can be subject to appeal to a specia-
lised Board of Appeal, whose decisions are, in turn, open toaction before the Court of Justice.
(16)In order to guarantee the full autonomy and independence of theAgency, it should be granted an autonomous budget whoserevenue comes essentially from a contribution from the Commu-
nity and from fees paid by the users of the system. The
Community budgetary procedure should be applicable as far asthe Community contribution and any other subsidies chargeableto the general budget of the European Union are concerned. Theauditing of accounts should be undertaken by the Court of Audi-
tors.
(17)The measures necessary for the implementation of this Regula-
tion should be adopted in accordance with Council Decision1999/468/EC of 28 June 1999 laying down the procedures forthe exercise of implementing powers conferred on the Commis-
sion(
1).
(18)Since the objectives of the proposed action, namely the estab-
lishment and uniform application of common rules in the fieldof civil aviation safety and environmental protection, cannot besufficiently achieved by the Member States and can therefore,by reason of the Europe-wide scope of this Regulation, be better
achieved at Community level, the Community may adopt
measures, in accordance withth e principle of subsidiarity, asset out in Article 5 of the Treaty. In accordance with the prin-ciple of proportionality, as set out in that Article, thisRegulation does not go beyond what is necessary in order to
achieve those objectives.
(19)Before any local offices of the Agency are set up, general rules
should be established to clarify what requirements need to bemet and what contribution the Member State concerned mustprovide.
(20)It has been recognised that the involvement of European coun-tries not Members of the European Union should be pursued, soas to ensure a proper pan-European dimension in order to facil-itate the improvement of civil aviation safety throughout Europe.European countries that have concluded agreements with theCommunity to adopt and apply the Community acquisin the2002R1592 — EN — 01.10.2003 — 002.001 — 4
(1) OJ L 184, 17.7.1999, p. 23.
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field covered by this Regulation should be associated with its
work according to conditions to be agreed in the framework ofthese agreements.
(21)It is a general objective that the transfer of functions and tasks
from the Member States, including those resulting from their
cooperation through the Joint Aviation Authorities, to theAgency should be effected efficiently, without any reduction inthe current high levels of safety, and without any negativeimpact on certification schedules. Appropriate measures need to
be adopted to provide for the necessary transition.
(22)This Regulation establishes an appropriate and comprehensiveframework for the environmental certification of aeronautical
products as well as for the definition and implementation ofcommon technical requirements and administrative proceduresin the field of civil aviation. Council Directive 80/51/EEC of20 December 1979 on the limitation of noise emissions from
subsonic aircraft (
1) and Annex II to Council Regulation (EEC)
No 3922/91 of 16 December 1991 on the harmonisation of tech-nical requirements and administrative procedures in the field ofcivil aviation (
2) should therefore be repealed in due time,
without prejudice to the certification of products, persons andorganisations already performed in accordance withth ese legis-
lative acts.
(23)This Regulation will apply to any other area related to civil avia-
tion safety on the basis of a future proposal in accordance withthe Treaty,
HAVE ADOPTED THIS REGULATION:
CHAPTER I
PRINCIPLES
Article 1
Scope
1. This Regulation shall apply to:
(a) the design, production, maintenance and operation of aeronautical
products, parts and appliances, as well as personnel and organisa-tions involved in the design, production and maintenance of suchproducts, parts and appliances;
(b) personnel and organisations involved in the operation of aircraft.
2. This Regulation shall not apply when products, parts, appliances,
personnel and organisations referred to in paragraph1 are engaged inmilitary, customs, police, or similar services. The Member States shallundertake to ensure that such services have due regard as far as practic-
able to the objectives of this Regulation.
Article 2
Objectives
1. The principal objective of this Regulation is to establish and
maintain a high uniform level of civil aviation safety in Europe.
2. Additional objectives are, in the fields covered by this Regulation,
as follows:
(a) to ensure a high uniform level of environmental protection;
(b) to facilitate the free movement of goods, persons and services;2002R1592 — EN — 01.10.2003 — 002.001 — 5
(1) OJ L 18, 24.1.1980, p. 26. Directive as last amended by Directive 83/206/
EEC (OJ L 117, 4.5.1983, p. 15).
(2) OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Commission
Regulation (EC) No 2871/2000 (OJ L 333, 29.12.2000, p. 47).
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(c) to promote cost-efficiency in the regulatory and certification
processes and to avoid duplication at national and European level;
(d) to assist Member States in fulfilling their obligations under the
Chicago Convention, by providing a basis for a common interpreta-tion and uniform implementation of its provisions, and by ensuringthat its provisions are duly taken into account in this Regulationand in the rules drawn up for its implementation;
(e) to promote Community views regarding civil aviation safety stan-
dards and rules throughout the world by establishing appropriatecooperation withth ird countries and international organisations.
3. The means of achieving the objectives set out in paragraphs 1 and
2 shall be:
(a) the preparation, adoption and uniform application of all necessary
acts;
(b) the recognition, without additional requirements, of certificates,
licences, approvals or other documents granted to products,
personnel and organisations in accordance withth is Regulation
and its implementing rules;
(c) the establishment of an independent European Aviation Safety
Agency;
(d) the uniform implementation of all necessary acts by the national
aviation authorities and the Agency within their respective areasof responsibility.
Article 3
Definitions
For the purpose of this Regulation:
(a) ‘continuing oversight’ means the tasks to be conducted to verify
that the conditions under which a certificate has been grantedcontinue to be fulfilled at any time during its period of validity, as
well as the taking of any safeguard measure;
(b) ‘Chicago Convention’ means the Convention on International Civil
Aviation and its Annexes, signed in Chicago on 7 December 1944;
(c) ‘product’ shall mean an aircraft, engine or propeller;
(d) ‘parts and appliances’ shall mean any instrument, equipment,
mechanism, part, apparatus, appurtenance or accessory, including
communications equipment, that is used or intended to be used in
operating or controlling an aircraft in flight and is installed in orattached to the aircraft. It includes parts of an airframe, engine orpropeller;
(e) ‘certification’ means any form of recognition that a product, part or
appliance, organisation or person complies withth e applicable
requirements including the provisions of this Regulation and itsimplementing rules, as well as the issuance of the relevant certifi-cate attesting suchcompliance;
(f) ‘qualified entity’ means a body which may conduct certification
tasks under the control and the responsibility of the Agency;
(g) ‘certificate’ means any approval, licence or other document issued
as the result of certification.2002R1592 — EN — 01.10.2003 — 002.001 — 6
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CHAPTER II
SUBSTANTIVEREQUIREMENTS
Article 4
Basicprinciplesandapplicability
1. Aircraft, including any installed product, part and appliance,
which are:
(a) designed or manufactured by an organisation for which the Agency
or a Member State ensures safety oversight; or
(b) registered in a Member State; or
(c) registered in a third country and used by an operator for which any
Member State ensures oversight of operations;
shall comply with this Regulation unless their regulatory safety over-
sight has been delegated to a third country and they are not used by aCommunity operator.
2. Paragraph1 sh all not apply to aircraft referred to in Annex II.
3. This Regulation shall not affect the rights of third countries as
specified in international conventions, in particular the ChicagoConvention.
Article 5
Airworthiness
1. Aircraft referred to in Article 4(1) shall comply with the essential
requirements for airworthiness laid down in Annex I.
2. Compliance of aircraft registered in a Member State, and of
products, parts and appliances mounted thereon shall be established in
accordance withth e following.
(a) Products shall have a type-certificate. The type-certificate, and
certification of changes to that type-certificate, including supple-mental type-certificates, shall be issued when the applicant has
shown that the product complies with a type-certification basis as
specified in Article 15, established to ensure compliance with theessential requirements referred to in paragraph 1, and when it hasno feature or characteristic making it unsafe for operation. Thetype-certificate shall cover the product, including all parts and
appliances fitted thereon.
(b) Parts and appliances may be issued withspecific certificates wh en
they are shown to comply with detailed airworthiness specifications
established to ensure compliance with the essential requirementsreferred to in paragraph1.
(c) Eachaircraft sh all be issued withan individual certificate of
airworthiness when it is shown that it conforms with the typedesign approved in its type-certificate and that relevant documenta-tion, inspections and tests demonstrate that the aircraft is incondition for safe operation. This certificate of airworthiness shall
remain valid as long as it is not suspended, revoked or terminated
and as long as the aircraft is maintained in accordance with theessential requirements related to continuing airworthiness set outin point 1.d of Annex I and the implementing rules referred to inparagraph4.
(d) Organisations responsible for the design, manufacture and mainte-
nance of products, parts and appliances shall demonstrate their
capability and means to discharge the responsibilities associated
with their privileges. Unless otherwise accepted these capabilitiesand means shall be recognised through the issuance of an organisa-tion approval. The privileges granted to the approved organisationand the scope of the approval shall be specified in the terms ofapproval.2002R1592 — EN — 01.10.2003 — 002.001 — 7
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In addition:
(e) personnel responsible for the release of a product, part or appliance
after maintenance may be required to hold an appropriate certificate(‘personnel certificate’);
(f) the capability of maintenance training organisations to discharge
the responsibilities associated with their privileges in relation tothe issuance of the certificates referred to in point (e) may berecognised by the issuance of an approval.
3. By way of derogation from paragraphs 1 and 2:
(a) a permit to fly may be issued when it is shown that the aircraft is
capable of performing safely a basic flight. It shall be issued withappropriate limitations, in particular to protect third parties' safety;
(b) a restricted certificate of airworthiness may be issued to aircraft for
which a type certificate has not been issued according to paragraph2(a). In this case, the aircraft shall be shown to comply withspecific airworthiness specifications and deviations from the essen-tial requirements referred to in paragraph 1 shall nevertheless
ensure adequate safety withregard to th e purpose. Aircraft eligible
for these restricted certificates, and limitations for use of theseaircraft, shall be defined according to the implementing rulesreferred to in paragraph4;
(c) when the number of aircraft of the same type eligible for a
restricted certificate of airworthiness so justifies, a restricted type
certificate may be issued and an appropriate type certification basis
shall be established.
4. The Commission shall adopt, in accordance with the procedure
laid down in Article 54(3), the rules for the implementation of thisArticle, specifying in particular:
(a) conditions to establishand notify to an applicant th e type-certifica-
tion basis applicable to a product;
(b) conditions to establishand notify to an applicant th e detailed
airworthiness specifications applicable to parts and appliances;
(c) conditions to establishand notify to an applicant th e specific
airworthiness specifications applicable to aircraft eligible for arestricted certificate of airworthiness;
(d) conditions to issue and disseminate mandatory information in order
to ensure the continuing airworthiness of products;
(e) conditions to issue, maintain, amend, suspend or revoke type-certi-
ficates, restricted type-certificates, approval of changes to type-certificates, individual certificates of airworthiness, restricted certi-
ficates of airworthiness, permits to fly and certificates for products,
parts or appliances, including:
(i) conditions on the duration of these certificates, and conditions
to renew certificates when a limited duration is fixed;
(ii) restrictions applicable to the issue of permits to fly. These
restrictions should in particular concern the following:
— purpose of the flight,
— airspace used for the flight,— qualification of flight crew,
— carriage of persons other than flight crew;
(iii) aircraft eligible for restricted certificates of airworthiness, and
associated restrictions;
(f) conditions to issue, maintain, amend, suspend or revoke organisa-
tion approvals required in accordance withparagraph2(d) and (f)
and conditions under which such approvals need not be requested;
(g) conditions to issue, maintain, amend, suspend or revoke personnel
certificates required in accordance withparagraph2(e);
(h) responsibilities of the holders of certificates;2002R1592 — EN — 01.10.2003 — 002.001 — 8
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(i) how aircraft referred to in paragraph 1 which are not covered by
paragraph 2 or 3 are to show compliance with the essential require-ments.
5. When establishing the implementing rules referred to in para-
graph 4, the Commission will take specific care that they:
(a) reflect the state of the art and the best practices in the field of
airworthiness;
(b) take into account worldwide aircraft experience in service, and
scientific and technical progress;
(c) allow for immediate reaction to established causes of accidents and
serious incidents.
Article 6
Essentialrequirementsforenvironmentalprotection
1. Products, parts and appliances shall comply with the environ-
mental protection requirements contained in Annex 16 to the ChicagoConvention as issued in March2002 for Volume I and November 1999for Volume II, except for the Appendices to Annex 16.
2. In accordance withth e procedure referred to in Article 54(3),
paragraph1 of th is Article may be adapted, in order to bring it in linewith subsequent amendments to the Chicago Convention and itsAnnexes, which enter into force after the adoption of this Regulationand which become applicable in all Member States, in so far as such
adaptations do not broaden the scope of this Regulation.
3. The Commission shall prescribe the rules for the implementation
of paragraph 1, using as necessary the content of the Appendicesmentioned in paragraph1, in accordance withth e procedure laiddown in Article 54(3).
Article 7
Airoperationsandflightcrewlicensing
Withregard to th e basic principles, applicability and essential require-
ments for the fields covered by Article 1(1)(b), the Commission shall,as soon as possible, submit proposals thereon to the European Parlia-ment and to the Council.
Article 8
Recognitionofcertificates
1. Member States shall, without further technical requirements or
evaluation, recognise the certificates issued in accordance with thisRegulation. When the original recognition is for a particular purpose,or purposes, any subsequent recognition shall cover only the samepurpose(s).
2. Pending adoption of the implementing rules referred to in Article
5(4), and without prejudice to Article 57(2), certificates which cannotbe issued in accordance with this Regulation may be issued on thebasis of the applicable national regulations.
Article 9
Acceptanceofthird-countryapproval
1. By way of derogation from the provisions of this Regulation and
the rules adopted for its implementation, the Agency or the aviationauthorities in the Member State may issue certificates on the basis ofcertificates issued by aeronautical authorities of a third country, asprovided for in recognition agreements between the Community andthat third country.2002R1592 — EN — 01.10.2003 — 002.001 — 9
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2. (a) In the absence of an agreement concluded by the Community, a
Member State or the Agency may issue certificates on the basisof certifications issued by the competent authorities of a third
country in application of an agreement concluded by that
Member State with the third country in question before the entryinto force of the related provisions of this Regulation and noti-fied to the Commission and the other Member States. TheAgency may also issue suchcertificates on beh alf of any
Member State in application of an agreement concluded by one
of the Member States with the third country in question.
(b) If the Commission considers that:
— the provisions of an agreement between a Member State and
a third country would not provide for a level of safetyequivalent to that specified by this Regulation and its imple-
menting rules, and/or
— suchagreement would discriminate among Member States
without compelling safety reasons or is contrary to Commu-nity foreign policy vis-à-vis a third country,
it may, in accordance withth e procedure laid down in Article
54(2) require the Member State concerned to modify the agree-
ment or to suspend its application or to renounce it, inconformity withArticle 307 of th e Treaty.
(c) Member States shall take the necessary measures to renounce
agreements as soon as possible after the entry into force of anagreement between the Community and the third country inquestion, for those domains covered by that latter agreement.
Article 10
Flexibility provisions
1. The provisions of this Regulation and of rules adopted for its
implementation shall not prevent a Member State from reacting imme-diately to a safety problem which involves a product, person ororganisation subject to the provisions of this Regulation.
If the safety problem is the result of:
(a) an inadequate level of safety resulting from the application of this
Regulation; or
(b) a shortcoming in this Regulation or its implementing rules;
the Member State shall immediately notify to the Agency, the Commis-
sion and the other Member States the measures taken and the reasonstherefor.
2. The Commission shall decide, in accordance with the procedure
referred to in Article 54(3), whether an inadequate level of safety or ashortcoming in this Regulation or its implementing rules justify thecontinuing application of the measures adopted pursuant to paragraph1. In that event, it shall also take the necessary steps to amend the
related rule. If the Member State's measures are found not to be justi-
fied, the Member State shall revoke or amend the measures in question.
3. Member States may grant exemptions from the substantive
requirements laid down in this Regulation and its implementing rulesin the event of unforeseen urgent operational circumstances or opera-
tional needs of a limited duration, provided the level of safety is not
adversely affected thereby. The Agency, the Commission and the otherMember States shall be notified of any such exemptions as soon asthey become repetitive or where they are granted for periods of morethan two months.
4. Where the measures decided on by a Member State are less
restrictive than the applicable Community provisions, the Commissionshall examine whether the exemptions comply with the general safetyobjective of this Regulation or any other rule of Community law. If theexemptions granted do not comply withth e general safety objectives ofthis Regulation or any other rule of Community law, the Commission2002R1592 — EN — 01.10.2003 — 002.001 — 10
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shall take a decision in accordance with the procedure referred to in
Article 54(4). In such a case, the Member State shall revoke theexemption.
5. Where an equivalent level of protection to that attained by the
application of the implementing rules for Articles 5 and 6 can beachieved by other means, Member States may, without discriminationon grounds of nationality, grant approval derogating from those imple-menting rules. In such cases, the Member State concerned shall notify
the Commission that it intends to grant such approval and shall give
reasons demonstrating the need to derogate from the rule concerned,as well as the conditions laid down to ensure that an equivalent levelof protection is achieved.
6. Within three months of being notified by a Member State in
accordance with paragraph 5, the Commission shall initiate the proce-
dure referred to in Article 54(3), in order to decide whether an approval
proposed in accordance withparagraph5 fulfils th e conditions laiddown in that paragraph and can be granted. In such a case, it shallnotify its decision to all Member States, which shall also be entitledto apply that measure. The provisions of Article 8 shall apply to the
measure in question. The relevant implementing rules may also be
amended to reflect suchmeasure, using transparent procedures inaccordance withArticle 43.
Article 11
Informationnetwork
1. The Commission, the Agency, and the national aviation authori-
ties shall exchange any information available to them in the context
of the application of this Regulation and its implementing rules. Enti-ties entrusted withth e investigation of civil aviation accidents andincidents, or withth e analysis of occurrences, are entitled to access tothat information.
2. Without prejudice to the public's right of access to the Commis-
sion's documents as laid down in Regulation (EC) No 1049/2001, the
Commission shall adopt, in accordance with the procedure referred toin Article 54(3), measures for the dissemination to interested partieson the Commission's own initiative of the information referred to inparagraph 1 of this Article. These measures, which may be generic or
individual, shall be based on the need:
(a) to provide persons and organisations with the information they
need to improve aviation safety;
(b) to limit the dissemination of information to what is strictly required
for the purpose of its users, in order to ensure appropriate confiden-
tiality of that information.
3. The national aviation authorities shall, according to their national
legislation, take necessary measures to ensure appropriate confidenti-ality of the information received by them in application of paragraph 1.
4. In order to inform the public of the general safety level, a safety
review shall be published annually by the Agency.
CHAPTER III
THEEUROPEANAVIATIONSAFETYAGENCY
SECTION I
TASKS
Article 12
EstablishmentandfunctionsoftheAgency
1. For the purpose of the implementation of this Regulation, a
European Aviation Safety Agency, hereinafter referred to as ‘theAgency’, shall be established.2002R1592 — EN — 01.10.2003 — 002.001 — 11
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2. For the purposes of ensuring the proper functioning and develop-
ment of civil aviation safety, the Agency shall:
(a) undertake any task and formulate opinions on all matters covered
by Article 1(1);
(b) assist the Commission by preparing measures to be taken for the
implementation of this Regulation. Where these comprise technicalrules and in particular rules relating to construction and design and
operational aspects, the Commission may not change their content
without prior coordination with the Agency. The Agency shall alsoprovide the Commission with the necessary technical, scientific andadministrative support to carry out its tasks;
(c) take the necessary measures within the powers conferred on it by
this Regulation or other Community legislation;
(d) conduct inspections and investigations as necessary to fulfil its
tasks;
(e) in its fields of competence, carry out, on behalf of Member States,
functions and tasks ascribed to them by applicable internationalConventions, in particular the Chicago Convention.
Article 13
Agencymeasures
The Agency shall, where appropriate:
(a) issue opinions addressed to the Commission;
(b) issue certification specifications, including airworthiness codes and
acceptable means of compliance, as well as any guidance materialfor the application of this Regulation and its implementing rules;
(c) take the appropriate decisions for the application of Articles 15, 45
and 46.
Article 14
Opinions,certification specificationsandguidancematerial
1. In order to assist the Commission in the preparation of proposals
for basic principles, applicability and essential requirements to bepresented to the European Parliament and to the Council and the adop-tion of the implementing rules, the Agency shall prepare drafts thereof.These drafts shall be submitted by the Agency as opinions to the
Commission.
2. The Agency shall, in accordance with Article 43 and the imple-
menting rules adopted by the Commission, develop:
(a) certification specifications, including airworthiness codes and
acceptable means of compliance; and
(b) guidance material;
to be used in the certification process.These documents shall reflect the state of the art and the best practices
in the fields concerned and be updated taking into account world wideaircraft experience in service, and scientific and technical progress.
Article 15
AirworthinessandEnvironmentalCertification
1. Withregard to products, parts and appliances referred to in
Article 4(1), the Agency shall, where applicable and as specified inthe Chicago Convention or its Annexes, carry out on behalf of Member
States the functions and tasks of the State of design, manufacture or
registry when related to design approval. To that end, it shall in parti-cular:
(a) for each product for which a type-certificate or a change to a type-
certificate is requested, establishand notify th e type-certificationbasis. That certification basis consists of the applicable airworthi-2002R1592 — EN — 01.10.2003 — 002.001 — 12
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ness code, the provisions for which an equivalent level of safety
has been accepted and the special detailed technical specificationsnecessary when the design features of a particular product or the
experience in operation render any of the airworthiness code provi-
sions inadequate or inappropriate to ensure conformity withessential requirements;
(b) for each product for which a restricted certificate of airworthiness
is requested, establish and notify the specific airworthiness specifi-
cations;
(c) for eachpart or appliance for wh icha certificate is requested,
establish and notify the detailed airworthiness specifications;
(d) for eachproduct for wh ichenvironmental certification is required
in accordance withArticle 6, establishand notify th e appropriateenvironmental requirements;
(e) conduct, itself or through national aviation authorities or qualified
entities, technical inspections associated with products, parts and
appliances certification;
(f) issue the appropriate type-certificates or associated changes;
(g) issue certificates for parts and appliances;
(h) issue the appropriate environmental certificates;
(i) amend, suspend or revoke the relevant certificate when the condi-
tions according to which it was issued are no longer fulfilled or ifthe legal or natural person holding the certificate fails to fulfil the
obligations imposed on it by this Regulation or by its implementing
rules;
(j) ensure the continuing airworthiness functions associated with the
products, parts and appliances it has certified, including reacting
without undue delay to a safety problem and issuing and dissemi-
nating the applicable mandatory information.
2. With regard to organisations, the Agency shall:
(a) conduct, itself or through national aviation authorities or qualified
entities, inspections and audits of the organisations it certifies;
(b) issue and renew the certificates of:
(i) design organisations; or
(ii) production organisations located within the territory of the
Member States, if requested by the Member State concerned;
or
(iii) production and maintenance organisations located outside the
territory of the Member States;
(c) amend, suspend or revoke the relevant organisation certificate
when the conditions according to which it was issued are no longerfulfilled, or if the organisation concerned fails to fulfil the obliga-tions imposed on it by this Regulation or by its implementing rules.
Article 16
Monitoringtheapplicationofrules
1. The Agency shall conduct standardisation inspections in the fields
covered by Article 1(1), in order to monitor the application by nationalaviation authorities of this Regulation and of its implementing rules,
and shall report to the Commission.
2. The Agency shall conduct technical investigations to monitor the
effectiveness of the application of this Regulation and its implementingrules, having regard to the objectives set out in Article 2.
3. The Agency shall be consulted and give its opinion to the
Commission on the application of Article 10.
4. The working methods of the Agency for conducting the tasks
referred to in paragraphs 1, 2 and 3 will be subject to requirements tobe adopted in accordance withth e procedure referred to in Article2002R1592 — EN — 01.10.2003 — 002.001 — 13
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54(2), and taking into account the principles laid down in Articles 43
and 44.
Article 17
Research
1. The Agency may develop and finance research in so far as it
strictly relates to the improvement of activities in its field of compe-tence, without prejudice to Community law.
2. The Agency shall coordinate its research and development activ-
ities with those of the Commission and the Member States so as toensure that policies and actions are mutually consistent.
3. The results of research funded by the Agency shall be published,
provided it does not classify them as confidential.
Article 18
Internationalrelations
1. The Agency shall assist the Community and its Member States in
their relations with third countries in accordance with the relevantCommunity law. It shall, in particular, assist in the harmonising of
rules and mutual recognition regarding approvals attesting the satisfac-
tory application of rules.
2. The Agency may cooperate with the aeronautical authorities of
third countries and the international organisations competent in matterscovered by this Regulation in the framework of working arrangements
concluded withth ose bodies, in accordance withth e relevant provisions
of the Treaty.
3. The Agency shall assist Member States to respect their interna-
tional obligations, in particular those under the Chicago Convention.
SECTION II
INTERNALSTRUCTURE
Article 19
Legalstatus,location,local offices
1. The Agency shall be a body of the Community. It shall have legal
personality.
2. In each of the Member States, the Agency shall enjoy the most
extensive legal capacity accorded to legal persons under their laws. It
may in particular, acquire or dispose of movable and immovable prop-
erty and may be a party to legal proceedings.
3. The Agency may establish its own local offices in the Member
States subject to their consent.
4. The Agency shall be represented by its Executive Director.
Article 20
Staff
1. The Staff Regulations of officials of the European Communities,
the Conditions of employment of other servants of the EuropeanCommunities and the rules adopted jointly by the institutions of theEuropean Communities for purposes of the application of those StaffRegulations and Conditions of employment shall apply to the staff of
the Agency, without prejudice to the application of Article 33 of this
Regulation to the members of the Board of Appeal.
2. Without prejudice to Article 30, the powers conferred on the
appointing authority by the Staff Regulations, and by the Conditionsof employment of other servants, shall be exercised by the Agency inrespect of its own staff.2002R1592 — EN — 01.10.2003 — 002.001 — 14
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3. The Agency's staff shall consist of a strictly limited number of
officials assigned or seconded by the Commission or Member Statesto carry out management duties. The remaining staff shall consist of
other employees recruited by the Agency as necessary to carry out its
tasks.
Article 21
Privileges andimmunities
The Protocol on the Privileges and Immunities of the European
Communities shall apply to the Agency.
Article 22
Liability
1. The contractual liability of the Agency shall be governed by the
law applicable to the contract in question.
2. The Court of Justice of the European Communities shall have
jurisdiction to give judgement pursuant to any arbitration clausecontained in a contract concluded by the Agency.
3. In the case of non-contractual liability, the Agency shall, in
accordance with the general principles common to the laws of theMember States, make good any damage caused by its departments orby its servants in the performance of their duties.
4. The Court of Justice shall have jurisdiction in disputes relating to
compensation for the damage referred to in paragraph 3.
5. The personal liability of its servants towards the Agency shall be
governed by the provisions laid down in the Staff Regulations orConditions of employment applicable to them.
Article 23
Publicationofdocuments
1. Without prejudice to decisions taken on the basis of Article 290
of the Treaty, the following documents shall be produced in all officiallanguages of the Community:
(a) the safety review referred to in Article 11(4);
(b) opinions addressed to the Commission pursuant to Article 14(1);
(c) the annual general report and programme of work referred to in
Article 24(2)(b) and (c) respectively.
2. The translation services required for the functioning of the
Agency shall be provided by the Translation Centre for bodies of theEuropean Union.
Article 24
PowersoftheManagementBoard
1. The Agency shall have a Management Board.2. The Management Board shall:
(a) appoint the Executive Director, and the Directors on a proposal
from the Executive Director in accordance with Article 30;
(b) the Management Board shall adopt the annual report on the
Agency's activities and forward it by 15 June at the latest to theEuropean Parliament, the Council, the Commission, the Court ofAuditors and the Member States.
The Agency shall forward annually to the budgetary authority any
information relevant to the outcome of the evaluation procedures;2002R1592 — EN — 01.10.2003 — 002.001 — 15
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(c) before 30 September eachyear, and after receiving th e opinion of
the Commission, adopt the Agency's programme of work for thecoming year and forward it to the European Parliament, the
Council, the Commission and the Member States; this programme
of work shall be adopted without prejudice to the annual Commu-nity budgetary procedure and the Community legislativeprogramme in relevant areas of aviation safety;
(d) adopt guidelines for the allocation of certification tasks to national
aviation authorities or qualified entities in agreement with the
Commission;
(e) establishprocedures for making decisions by th e Executive
Director as referred to in Articles 43 and 44;
(f) carry out its functions relating to the Agency's budget pursuant to
Articles 48, 49 and 52;
(g) appoint the members of the Board of Appeal pursuant to Article
32;
(h) exercise disciplinary authority over the Executive Director and
over the Directors, in agreement with the Executive Director;
(i) give its opinion on the fees and charges regulation as referred to in
Article 53(1);
(j) establishits Rules of Procedure;
(k) decide on the linguistic arrangements for the Agency;
(l) complement, where appropriate, the list of documents mentioned
in Article 23(1);
(m) establish the organisational structure of the Agency and adopt the
Agency's staffing policy.
3. The Management Board may advise the Executive Director on
any matter strictly related to strategic development of aviation safety,including researchas defined in Article 17.
4. The Management Board shall establish an advisory body of inter-
ested parties, which it shall consult prior to making decisions in thefields referred to in paragraph2(c), (e), (f) and (i). Th e ManagementBoard may also decide to consult the advisory body on other issues
referred to in paragraphs 2 and 3. The Management Board shall not
be bound by the opinion of the advisory body.
Article 25
CompositionoftheManagementBoard
1. The Management Board shall be composed of one representative
of eachMember State and one representative of th e Commission. Tothis effect, each Member State and the Commission shall appoint a
member of the Management Board as well as an alternate who will
represent the member in his/her absence. The duration of the terms ofoffice shall be five years. This term of office shall be renewable.
2. Where appropriate, the participation of representatives of
European third countries and the conditions thereof shall be establishedin the arrangements referred to in Article 55.
Article 26
ChairmanshipoftheManagementBoard
1. The Management Board shall elect a Chairperson and a Deputy
Chairperson from among its members. The Deputy Chairperson shall
ex-officio replace the Chairperson in the event of his/her being
prevented from attending to his/her duties.
2. The term of office of the Chairperson and Deputy Chairperson
shall expire when their respective membership of the ManagementBoard ceases. Subject to this provision, the duration of the terms ofoffice of the Chairperson or Deputy Chairperson shall be three years.These terms of office shall be renewable.2002R1592 — EN — 01.10.2003 — 002.001 — 16
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Article 27
Meetings
1. Meetings of the Management Board shall be convened by its
Chairperson.
2. The Executive Director of the Agency shall take part in the delib-
erations.
3. The Management Board shall hold at least two ordinary meetings
a year. In addition it shall meet at the instance of the Chairperson or at
the request of at least one third of its members.
4. The Management Board may invite any person whose opinion
can be of interest to attend its meetings as an observer.
5. The members of the Management Board may, subject to the
provisions of its Rules of Procedure, be assisted by advisers or experts.
6. The secretariat for the Management Board shall be provided by
the Agency.
Article 28
Voting
1. Without prejudice to Article 30(1), the Management Board shall
take its decisions by a two-thirds majority of its members. At the
request of a member of the Management Board, the decision referred
to in Article 24(2)(k) shall be taken by unanimity.
2. Each member shall have one vote. The Executive Director of the
Agency shall not vote. In the absence of a member, his/her alternate
shall be entitled to exercise his/her right to vote.
3. The rules of procedure shall establish the more detailed voting
arrangements, in particular, the conditions for a member to act onbehalf of another member as well as any quorum requirements, whereappropriate.
Article 29
FunctionsandpowersoftheExecutive Director
1. The Agency shall be managed by its Executive Director, who
shall be completely independent in the performance of his/her duties.Without prejudice to the respective competencies of the Commission
and the Management Board, the Executive Director shall neither seek
nor take instructions from any government or from any other body.
2. The European Parliament or the Council may invite the Executive
Director of the Agency to report on the carrying out of his/her tasks.
3. The Executive Director shall have the following functions and
powers:
(a) to approve the measures of the Agency as defined in Articles 13
and 15 within the limits specified by this Regulation, its imple-
menting rules and any applicable law;
(b) to decide on inspections and investigations as provided for in Arti-
cles 45 and 46;
(c) to allocate certification tasks to National Aviation Authorities or
qualified entities according to guidelines set by the ManagementBoard;
(d) to undertake any international functions and technical cooperation
withth ird countries pursuant to Article 18;
(e) to take all necessary steps, including the adoption of internal
administrative instructions and the publication of notices, to ensurethe functioning of the Agency in accordance with the provisions ofthis Regulation;
(f) to prepare eachyear a draft general report and submit it to th e
Management Board;2002R1592 — EN — 01.10.2003 — 002.001 — 17
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(g) to exercise in respect of the staff the powers laid down in Article
20(2);
(h) to draw up estimates of the revenues and expenditure of the
Agency pursuant to Article 48, and implement the budget pursuantto Article 49;
(i) to delegate his/her powers to other members of the Agency's staff
subject to rules to be adopted in accordance withth e procedurereferred to in Article 54(2);
(j) with the consent of the Management Board, to take a decision
regarding the establishment of local offices in the Member Statesin accordance withArticle 19(3).
Article 30
Appointmentofseniorofficials
1. The Executive Director of the Agency shall be appointed on
grounds of merit and documented competence and experience relevantfor civil aviation, or dismissed by the Management Board on theproposal of the Commission. The Management Board shall take itsdecision by a three-quarters majority of its members.
2. The Executive Director may be assisted by one or more Directors.
If the Executive Director is absent or indisposed, one of the Directorsshall take his/her place.
3. The Directors of the Agency shall be appointed, on the grounds
of professional competence relevant for civil aviation, or dismissed by
the Management Board on the proposal of the Executive Director.
4. The term of office of the Executive Director and of the Directors
shall be five years. This term of office shall be renewable.
Article 31
PowersoftheBoardsofAppeal
1. Within the Agency, there shall be one or more Boards of Appeal.
2. The Board or Boards of Appeal shall be responsible for deciding
on appeals against the decisions referred to in Article 35.
3. The Board or Boards of Appeal shall be convened as necessary.
The number of Boards of Appeal and the work allocation shall bedetermined by the Commission according to the procedure referred to
in Article 54(3).
Article 32
CompositionoftheBoardsofAppeal
1. A Board of Appeal shall consist of a Chairperson and two other
members.
2. The Chairperson and the two members shall have alternates who
will represent them in their absence.
3. The Chairperson, the other members and their respective alter-
nates shall be appointed by the Management Board from a list ofqualified candidates adopted by the Commission.
4. Where the Board of Appeal considers that the nature of the
appeal so requires, it may call up to two further members from the
aforesaid list for that case.
5. The qualifications required for the members of each Board of
Appeal, the powers of individual members in the preparatory phase ofthe decisions and the voting conditions shall be determined by theCommission according to the procedure referred to in Article 54(3).2002R1592 — EN — 01.10.2003 — 002.001 — 18
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Article 33
MembersoftheBoardsofAppeal
1. The term of office of the members of the Boards of Appeal,
including their Chairperson and their respective alternates, shall befive years. This term shall be renewable.
2. The members of the Boards of Appeal shall be independent. In
making their decisions they shall not be bound by any instructions.
3. The members of the Boards of Appeal may not perform any other
duties in the Agency. The function of the members of the Boards of
Appeal may be a part-time function.
4. The members of the Boards of Appeal may not be removed either
from office or from the list during their respective terms, unless thereare serious grounds for suchremoval and th e Commission, after
obtaining the opinion of the Management Board, takes a decision to
this effect.
Article 34
Exclusionandobjection
1. Members of the Boards of Appeal may not take part in any
appeal proceedings if they have any personal interest therein, or ifthey have previously been involved as representatives of one of theparties to the proceedings, or if they participated in the decision underappeal.
2. If, for one of the reasons mentioned in paragraph 1 or for any
other reason, a member of a Board of Appeal considers that he/sheshould not take part in any appeal proceedings, he/she shall informthe Board of Appeal accordingly.
3. Members of the Boards of Appeal may be objected to by any
party to the appeal proceedings on any of the grounds mentioned inparagraph1, or if suspected of partiality. An objection sh all not beadmissible if, while being aware of a reason for objecting, the partyto the appeal proceedings has taken a procedural step. No objection
may be based on the nationality of members.
4. The Boards of Appeal shall decide as to the action to be taken in
the cases specified in paragraphs 2 and 3 without the participation ofthe member concerned. For the purposes of taking this decision, the
member concerned shall be replaced on the Board of Appeal by his/
her alternate.
Article 35
Decisionssubjecttoappeal
1. An appeal may be brought against decisions of the Agency which
have been taken pursuant to Article 15, 46 or 53.
2. An appeal lodged pursuant to paragraph 1 above shall not have
suspensory effect. The Agency may, however, if it considers that
circumstances so permit, suspend the application of the contested deci-
sion.
3. An appeal against a decision which does not terminate proceed-
ings as regards one of the parties may only be made in conjunction
with an appeal against the final decision, unless the decision provides
for separate appeal.
Article 36
Personsentitledtoappeal
Any natural or legal person may appeal against a decision addressed to
that person, or against a decision which, although in the form of a deci-sion addressed to another person, is of direct and individual concern tothe former. The parties to proceedings may be party to the appealproceedings.2002R1592 — EN — 01.10.2003 — 002.001 — 19
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Article 37
Timelimitandform
The appeal, together with the statement of grounds thereof, shall be
filed in writing at the Agency within two months of the notificationof the measure to the person concerned, or, in the absence thereof, ofthe day on which it came to the knowledge of the latter, as the casemay be.
Article 38
Interlocutoryrevision
1. If the Executive Director considers the appeal to be admissible
and well founded, he/she shall rectify the decision. This shall not applywhere the appellant is opposed to another party to the appeal proceed-
ings.
2. If the decision is not rectified within one month after receipt of
the statement of grounds for the appeal, the Agency shall forthwith
decide whether or not to suspend the application of the decisionpursuant to the second sentence of Article 35(2), and shall remit theappeal to the Board of Appeal.
Article 39
Examinationofappeals
1. If the appeal is admissible, the Board of Appeal shall examine
whether the appeal is well founded.
2. When examining the appeal, the Board of Appeal shall act expe-
ditiously. It shall as often as necessary invite the parties to the appealproceedings to file observations on notifications issued by itself or oncommunications from the other parties to the appeal proceedings,
within specified time limits. Parties to the appeal proceedings shall be
entitled to make oral presentations.
Article 40
Decisionsonappeal
The Board of Appeal may exercise any power which lies within the
competence of the Agency, or it may remit the case to the competentbody of the Agency. The latter shall be bound by the decision of theBoard of Appeal.
Article 41
Actionsbefore theCourtofJustice
1. An appeal may be brought before the Court of Justice against
decisions of the Boards of Appeal on the terms and conditions laiddown in Article 230 of the Treaty.
2. Should the Agency fail to take a decision, proceedings for failure
to act may be brought before the Court of Justice on the terms andconditions laid down in Article 232 of the Treaty.
3. The Agency shall be required to take the necessary measures to
comply with the judgment of the Court of Justice.
Article 42
Directappeal
Member States and the Community institutions may lodge a direct
appeal before the Court of Justice against decisions of the Agency.2002R1592 — EN — 01.10.2003 — 002.001 — 20
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SECTION III
WORKINGMETHODS
Article 43
Procedures for the development of opinions,certification specifica-
tionsandguidancematerial
1. As soon as possible after the entry into force of this Regulation,
the Management Board shall establish transparent procedures forissuing opinions, certification specifications and guidance materialreferred to in Article 13(a) and (b).
Those procedures shall:
(a) draw on expertise available in the aviation regulatory authorities of
Member States;
(b) whenever necessary, involve appropriate experts from relevant
interested parties;
(c) ensure that the Agency publishes documents and consults widely
interested parties, according to a timetable and a procedure whichincludes an obligation on the Agency to make a written response tothe consultation process.
2. When the Agency, pursuant to Article 14, develops opinions,
certification specifications and guidance material to be applied byMember States, it shall establish a procedure for consulting the
Member States. To this effect, it may create a working group in which
eachMember State is entitled to designate an expert.
3. Measures referred to in Article 13(a) and (b) and the procedures
established pursuant to paragraph 1 of this Article shall be published in
an official publication of the Agency.
4. Special procedures shall be established to address immediate
action to be taken by the Agency to react to a safety problem and to
inform the relevant interested parties of the action they are to take.
Article 44
Procedures fortakingdecisions
1. The Management Board shall establish transparent procedures for
taking individual decisions as provided for in Article 13(c).
Those procedures shall:
(a) ensure the hearing of the natural or legal person to be addressed in
the decision and of any other party with a direct and individualconcern;
(b) provide for notification of a decision to a natural or legal person
and its publication;
(c) provide for information to the natural or legal person to whom a
decision is addressed, and any other parties to proceedings, of the
legal remedies available to that person under this Regulation;
(d) ensure that the decision contains reasons.
2. The Management Board shall also establish procedures specifying
the conditions under which decisions are notified while taking due
account of the appeal procedure.
3. Special procedures shall be established to address immediate
action to be taken by the Agency to react to a safety problem and to
inform the relevant interested parties of the action they are to take.
Article 45
InspectionsofMemberStates
1. Without prejudice to the enforcement powers conferred by the
Treaty on the Commission, the Agency shall assist the Commission in2002R1592 — EN — 01.10.2003 — 002.001 — 21
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monitoring the application of this Regulation and its implementing
rules, by conducting standardisation inspections of Member Statescompetent authorities as specified in Article 16(1). The officials
authorised under this Regulation, and the national authorities, are thus
empowered, in compliance with the legal provisions of the MemberState concerned:
(a) to examine the relevant records, data, procedures and any other
material relevant to the achievement of aviation safety levels in
accordance withth is Regulation;
(b) to take copies of or extracts from suchrecords, data, procedures
and other material;
(c) to ask for an oral explanation on the spot;
(d) to enter any relevant premises, land or means of transport.
2. The officials of the Agency authorised for the purpose of these
inspections shall exercise their powers upon production of an authorisa-tion in writing specifying the subject matter, the purpose of the
inspection and the date on which it is to begin. In good time before
the inspection, the Agency shall inform the Member State concernedof the inspection and of the identity of the authorised officials.
3. The Member State concerned shall submit to such inspections and
shall ensure that bodies or persons concerned also submit to inspec-
tions.
4. When an inspection under the terms of this Article entails an
inspection of an undertaking or an association of undertakings theprovisions of Article 46 shall apply. Where an undertaking opposessuch inspection, the Member State concerned shall afford the necessary
assistance to officials authorised by the Agency to enable them to make
their inspection.
5. Reports drawn up in application of this Article shall be made
available in the official language(s) of the Member State where theinspection took place.
Article 46
Investigationofundertakings
1. For the application of Article 15, the Agency may itself conduct
or allocate to national aviation authorities or qualified entities allnecessary investigation of undertakings. Investigations shall be carried
out in compliance with the legal provisions of the Member States in
which they are to be undertaken. To that end, the persons authorisedunder this Regulation are empowered:
(a) to examine the relevant records, data, procedures and any other
material relevant to the execution of the tasks of the Agency;
(b) to take copies of or extracts from suchrecords, data, procedures
and other material;
(c) to ask for an oral explanation on site;
(d) to enter relevant premises, lands or means of transport of undertak-
ings.
2. The persons authorised for the purpose of these investigations
shall exercise their powers upon production of an authorisation inwriting specifying the subject matter and purpose of the investigation.
3. In good time before the investigation, the Agency shall inform the
Member State concerned in whose territory the investigation is to bemade, of the investigation and of the identity of the authorised persons.Officials of the Member State concerned shall, at the request of theAgency, assist the authorised persons in carrying out their duties.2002R1592 — EN — 01.10.2003 — 002.001 — 22
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Article 47
Transparencyandcommunication
1. Regulation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding access to European Parlia-
ment, Council and Commission documents(1) shall apply to
documents held by the Agency.
2. The Agency may communicate on its own initiative in the fields
within its mission. It shall ensure in particular that, in addition to thepublication specified in Article 43(3), the public and any interested
party are rapidly given objective, reliable and easily understandable
information withregard to its work.
3. The Management Board shall adopt the arrangements for imple-
menting Regulation (EC) No 1049/2001 within six months after theentry into force of Regulation (EC) No 1643/2003 of the EuropeanParliament and of the Council of 22 July 2003 amending Regulation(EC) No 1592/2002 of 15 July 2002 on common rules in the field of
civil aviation and establishing a European Aviation Safety Agency (
2).
4. Any natural or legal person shall be entitled to address himself/
herself in writing to the Agency in any of the languages referred to inArticle 314 of the Treaty. He/she has the right to receive an answer inthe same language.
5. Decisions taken by the Agency pursuant to Article 8 of Regula-
tion (EC) No 1049/2001 may give rise to the lodging of a complaintto the Ombudsman or form the subject of an action before the Court
of Justice, under Articles 195 and 230 of the EC Treaty respectively.
SECTION IV
FINANCIALREQUIREMENTS
Article 48
Budget
1. The revenues of the Agency shall consist of:
(a) a contribution from the Community and from any European third
country with which the Community has concluded agreementsreferred to in Article 55;
(b) the fees paid by applicants for, and holders of, certificates and
approvals issued by the Agency; and
(c) charges for publications, training and any other services provided
by the Agency.
2. The expenditure of the Agency shall include the staff, administra-
tive, infrastructure and operational expenses.
3. Revenue and expenditure shall be in balance.
4. Each year the Management Board, on the basis of a draft state-
ment of estimates of revenue and expenditure, shall produce astatement of estimates of revenue and expenditure of the Agency forthe following financial year.
5. This statement of estimates, which shall include a draft establish-
ment plan together with the provisional work programme, shall by 312002R1592 — EN — 01.10.2003 — 002.001 — 23
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March at the latest be forwarded by the Management Board to the
Commission and to the States with which the Community hasconcluded agreements in accordance withArticle 55.
6. The statement of estimates shall be forwarded by the Commission
to the European Parliament and the Council (hereinafter referred to asthe budgetary authority) together with the preliminary draft general
budget of the European Union.
7. On the basis of the statement of estimates, the Commission shall
enter in the preliminary draft general budget of the European Union the
estimates it deems necessary for the establishment plan and the amount
of the subsidy to be charged to the general budget, which it shall placebefore the budgetary authority in accordance with Article 272 of theTreaty.
8. The budgetary authority shall authorise the appropriations for the
subsidy to the Agency.
The budgetary authority shall adopt the establishment plan for the
Agency.
9. The budget shall be adopted by the Management Board. It shall
become final following final adoption of the general budget of the
European Union. Where appropriate, it shall be adjusted accordingly.
10. The Management Board shall, as soon as possible, notify the
budgetary authority of its intention to implement any project which
may have significant financial implications for the funding of thebudget, in particular any projects relating to property suchas th e rentalor purchase of buildings. It shall inform the Commission thereof.
Where a branch of the budgetary authority has notified its intention to
deliver an opinion, it shall forward its opinion to the ManagementBoard within a period of six weeks from the date of notification ofthe project.
Article 49
Implementationandcontrolofthebudget
1. The Executive Director shall implement the budget of the
Agency.
2. By 1 March at the latest following each financial year, the
Agency's accounting officer shall communicate the provisionalaccounts to the Commission's accounting officer together with a reporton the budgetary and financial management for that financial year. The
Commission's accounting officer shall consolidate the provisional
accounts of the institutions and decentralised bodies in accordancewithArticle 128 of th e general Financial Regulation.
3. By 31 March at the latest following each financial year, the
Commission's accounting officer shall forward the Agency's provisionalaccounts to the Court of Auditors, together with a report on thebudgetary and financial management for that financial year. The reporton the budgetary and financial management for the financial year shallalso be forwarded to the European Parliament and the Council.
4. On receipt of the Court of Auditors' observations on the Agency's
provisional accounts, under Article 129 of the general Financial Regu-lation, the Executive Director shall draw up the Agency's final accounts
under his own responsibility and submit them to the Management
Board for an opinion.
5. The Management Board shall deliver an opinion on the Agency's
final accounts.
6. The Executive Director shall, by 1 July at the latest following
each financial year, forward the final accounts to the European Parlia-
ment, the Council, the Commission and the Court of Auditors, together
withth e Management Board's opinion.
7. The final accounts shall be published.2002R1592 — EN — 01.10.2003 — 002.001 — 24
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8. The Executive Director shall send the Court of Auditors a reply
to its observations by 30 September at the latest. He shall also sendthis reply to the Management Board.
9. The Executive Director shall submit to the European Parliament,
at the latter's request, any information necessary for the smooth appli-cation of the discharge procedure for the financial year in question, aslaid down in Article 146(3) of the general Financial Regulation.
10. The European Parliament, on a recommendation from the
Council acting by a qualified majority, shall, before 30 April of year
N + 2, give a discharge to the Executive Director in respect of theimplementation of the budget for year N.
Article 50
Combatingfraud
1. In order to combat fraud, corruption and other unlawful activities
the provisions of Regulation (EC) No 1073/1999 of the European
Parliament and of the Council of 25 May 1999 concerning investiga-tions conducted by the European Anti-fraud Office (OLAF)(
1) shall
apply without restriction.
2. The Agency shall accede to the Interinstitutional Agreement of 25
May 1999 concerning internal investigations by the European Anti-
fraud Office (OLAF)(2) and shall issue, without delay, the appropriate
provisions applicable to all the employees of the Agency.
3. The decisions concerning funding and the implementing agree-
ments and instruments resulting from them shall explicitly stipulatethat the Court of Auditors and OLAF may carry out, if necessary, on-
the-spot checks among the recipients of the Agency's funding and the
agents responsible for allocating it.
Article 51
Evaluation
1. Within three years from the date of the Agency having taken up
its responsibilities, and every five years thereafter, the ManagementBoard shall commission an independent external evaluation on the
implementation of this Regulation.
2. The evaluation shall examine how effectively the Agency fulfils
its mission. It shall also assess the impact of this Regulation, theAgency and its working practices in establishing a high level of civilaviation safety. The evaluation shall take into account the views ofstakeholders, at both European and national level.
3. The Management Board shall receive the findings of the evalua-
tion and issue recommendations regarding changes to this Regulation,the Agency and its working practices to the Commission, which mayforward them, together with its own opinion as well as appropriateproposals, to the European Parliament and to the Council. An actionplan with a timetable shall be included, if appropriate. Both the find-
ings and the recommendations of the evaluation shall be made public.
Article 52
Financial provisions
The financial rules applicable to the Agency shall be adopted by the
Management Board after the Commission has been consulted. They
may not depart from Commission Regulation (EC, Euratom) No 2343/
2002 of 19 November 2002 on the framework Financial Regulation forthe bodies referred to in Article 185 of Council Regulation (EC,2002R1592 — EN — 01.10.2003 — 002.001 — 25
(1) OJ L 136, 31.5.1999, p. 1.
(2) OJ L 136, 31.5.1999, p. 15.▼B
▼M2
▼M2
Euratom) No 1605/2002 on the Financial Regulation applicable to the
general budget of the European Communities (1) unless suchdeparture
is specifically required for the Agency's operation and the Commission
has given its prior consent.
Article 53
Feesandchargesregulation
1. The Commission, acting in accordance with the procedure laid
down in Article 54(3) and after consulting the Management Board,
shall adopt a regulation on fees and charges.
2. The fees and charges regulation shall determine in particular the
matters for which fees and charges pursuant to Article 48(1) are due,
the amount of the fees and charges and the way in which they are tobe paid.
3. Fees and charges shall be levied for:
(a) the issuing and renewal of certificates, as well as the related conti-
nuing oversight functions;
(b) the provision of services; they shall reflect the actual cost of each
individual provision;
(c) the processing of appeals.
All fees and charges shall be expressed, and payable, in euro.
4. The amount of the fees and charges shall be fixed at such a level
as to ensure that the revenue in respect thereof is in principle sufficientto cover the full cost of the services delivered.
The contribution referred to in Article 48(1), may cover, for a transi-
tional period ending on 31 December of the fourth year from theentry into force of this Regulation, the expenditure relating to the
initial running phase of the Agency. In accordance with the procedure
laid down in Article 54(3), this period may be extended, if necessary,for no more than one year.
CHAPTER IV
FINALPROVISIONS
Article 54
Committee
1. The Commission shall be assisted by a committee.2. Where reference is made to this paragraph, Articles 3 and 7 of
Decision 1999/468/EC shall apply having regard to the provisions ofArticle 8 thereof.
3. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply having regard to the provisions ofArticle 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at one month.
4. Where reference is made to this paragraph, Article 6 of Decision
1999/468/EC shall apply.
Before adopting its decision, the Commission shall consult the
committee referred to in paragraph1 of th is Article.
The period provided for in Article 6(b) of Decision 1999/468/EC shall
be set at three months.2002R1592 — EN — 01.10.2003 — 002.001 — 26
(1) OJ L 357, 31.12.2002, p. 72; corrigendum in OJ L 2, 7.1.2003, p. 39.▼B
▼B
When a Commission decision is referred to the Council by a Member
State, the Council, acting by a qualified majority, may take a differentdecision within a period of three months.
5. The Committee shall adopt its Rules of Procedure.
Article 55
Participation ofEuropeanthirdcountries
The Agency shall be open to the participation of European third coun-
tries which are Contracting Parties to the Chicago Convention and
which have entered into agreements with the European Communitywhereby they have adopted and are applying Community law in thefield covered by this Regulation and its implementing rules.
Under the relevant provisions of these agreements, arrangements will
be developed which shall, inter alia , specify the nature and extent of,
and the detailed rules for, the participation by these countries in the
work of the Agency, including provisions on financial contributions
and staff.
Article 56
CommencementoftheAgency'soperation
1. The Agency shall undertake the certification tasks incumbent
upon it pursuant to Article 15 as from 28 September 2003. Until thatdate, Member States shall continue to implement applicable legislationand regulations.
2. During an additional transition period of 42 months from the date
referred to in paragraph1, Member States may continue to issue certi-
ficates and approvals by way of derogation from the provisions of
Articles 5, 6, 9 and 15 under the conditions specified by the Commis-sion in the implementing rules adopted for their application. When inthat context Member States issue certificates on the basis of certificatesissued by third countries, the Commission implementing rules shall
give due consideration to the principles laid down in Article 9(2)(b)
and (c).
3. By way of derogation from the provisions of Article 43, pending
the adoption of essential requirements in accordance with Article 7, theexecution of the corresponding tasks by the Agency may be subject toworking procedures agreed upon with the joint aviation authorities.
Article 57
Repeal
1. Directive 80/51/EEC and Annex II to Regulation (EEC) No 3922/
91 shall be repealed as from 28 September 2003.
2. The provisions of Article 8 shall apply to products, parts and
appliances, organisations and persons that have been certified in accor-
dance with the provisions referred to in paragraph 1 of this Article.
Article 58
Entryintoforce
This Regulation shall enter into force on the 20th day following that of
its publication in the Official Journal of the European Communities .
Articles 5 and 6 shall apply as from the dates specified in the imple-
menting rules.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R1592 — EN — 01.10.2003 — 002.001 — 27
▼B
ANNEX I
Essentialrequirementsforairworthinessreferred toinArticle 5
1. Product integrity : product integrity must be assured for all antici-
pated flight conditions for the operational life of the aircraft.
Compliance withall requirements must be sh own by assessment or
analysis, supported, where necessary, by tests.
1.a. Structures and materials : the integrity of the structure must be
ensured throughout, and sufficiently beyond, the operational envelope
for the aircraft, including its propulsion system, and maintained for the
operational life of the aircraft.
1.a.1. All parts of the aircraft, the failure of which could reduce the structural
integrity, must comply with the following conditions without detri-
mental deformation or failure. This includes all items of significant
mass and their means of restraint.
1.a.1.a. All combinations of load reasonably expected to occur within, and
sufficiently beyond, the weights, centre of gravity range, operational
envelope and life of the aircraft must be considered. This includes loads
due to gusts, manoeuvres, pressurisation, movable surfaces, control and
propulsion systems both in flight and on the ground.
1.a.1.b. Consideration must be given to the loads and likely failures induced by
emergency landings either on land or water.
1.a.1.c. Dynamic effects must be covered in the structural response to these
loads.
1.a.2. The aircraft must be free from any aeroelastic instability and excessive
vibration.
1.a.3. The manufacturing processes and materials used in the construction of
the aircraft must result in known and reproducible structural properties.
Any changes in material performance related to the operational environ-
ment must be accounted for.
1.a.4. The effects of cyclic loading, environmental degradation, accidental and
discrete source damage must not reduce the structural integrity below
an acceptable residual strengthlevel. All necessary instructions for
ensuring continued airworthiness in this regard must be promulgated.
1.b. Pr opulsion : the integrity of the propulsion system (i.e. engine and,
where appropriate, propeller) must be demonstrated throughout, and
sufficiently beyond, the operational envelope of the propulsion system
and must be maintained for the operational life of the propulsion
system.
1.b.1. The propulsion system must produce, within its stated limits, the thrust
or power demanded of it at all required flight conditions, taking into
account environmental effects and conditions.
1.b.2. The fabrication process and materials used in the construction of the
propulsion system must result in known and reproducible structural
behaviour. Any changes in material performance related to the opera-
tional environment must be accounted for.
1.b.3. The effects of cyclic loading, environmental and operational degrada-
tion and likely subsequent part failures must not reduce the integrity of
the propulsion system below acceptable levels. All necessary instruc-
tions for ensuring continued airworthiness in this regard must bepromulgated.
1.b.4. All necessary instructions, information and requirements for the safe
and correct interface between the propulsion system and the aircraft
must be promulgated.
1.c. Systems and equipment
1.c.1. The aircraft must not have design features or details that experience has
shown to be hazardous.
1.c.2. The aircraft, including those systems, equipment and appliances
required for type-certification, or by operating rules, must function as
intended under any foreseeable operating conditions, throughout, and
sufficiently beyond, the operational envelope of the aircraft, taking due
account of the system, equipment or appliance operating environment.
Other systems, equipment and appliance not required for type-certifica-
tion, or by operating rules, whether functioning properly or improperly,2002R1592 — EN — 01.10.2003 — 002.001 — 28
▼B
must not reduce safety and must not adversely affect the proper func-
tioning of any other system, equipment or appliance. Systems,
equipment and appliances must be operable without needing exceptional
skill or strength.
1.c.3. The aircraft systems, equipment and associated appliances, considered
separately and in relation to each other, must be designed such that
any catastrophic failure condition does not result from a single failure
not shown to be extremely improbable and an inverse relationship
must exist between the probability of a failure condition and the
severity of its effect on the aircraft and its occupants. With respect to
the single failure criterion above, it is accepted that due allowance
must be made for the size and broad configuration of the aircraft and
that this may prevent this single failure criterion from being met for
some parts and some systems on helicopters and small aeroplanes.
1.c.4. Information needed for the safe conduct of the flight and information
concerning unsafe conditions must be provided to the crew, or mainte-
nance personnel, as appropriate, in a clear, consistent and unambiguous
manner. Systems, equipment and controls, including signs and
announcements must be designed and located to minimise errors which
could contribute to the creation of hazards.
1.c.5. Design precautions must be taken to minimise the hazards to the aircraft
and occupants from reasonably probable threats, both inside and
external to the aircraft, including protecting against the possibility of a
significant failure in, or disruption of, any aircraft appliance.
1.d. Continuing airworthiness
1.d.1. Instructions for continuing airworthiness must be established to ensure
that the aircraft type certification airworthiness standard is maintained
throughout the operational life of the aircraft.
1.d.2. Means must be provided to allow inspection, adjustment, lubrication,
removal or replacement of parts and appliances as necessary for conti-
nuing airworthiness.
1.d.3. The instructions for continuing airworthiness must be in the form of a
manual, or manuals, as appropriate for the quantity of data to be
provided. The manuals must cover maintenance and repair instructions,
servicing information, trouble-shooting and inspection procedures, in a
format that provides for a practical arrangement.
1.d.4. The instructions for continuing airworthiness must contain airworthiness
limitations that set forth each mandatory replacement time, inspection
interval and related inspection procedure.
2. Airworthiness aspects of product operation
2.a. The following must be shown to have been addressed to ensure a satis-
factory level of safety for those onboard or on the ground during the
operation of the product:
2.a.1. The kinds of operation for which the aircraft is approved must be estab-
lished and limitations and information necessary for safe operation,
including environmental limitations and performance, must be estab-
lished.
2.a.2. The aircraft must be safely controllable and manoeuvrable under all
anticipated operating conditions including following the failure of one
or, if appropriate, more propulsion systems. Due account must be taken
of pilot strength, flight deck environment, pilot workload and other
human-factor considerations and of the phase of flight and its duration.
2.a.3. It must be possible to make a smooth transition from one flight phase to
another without requiring exceptional piloting skill, alertness, strength
or workload under any probable operating condition.
2.a.4. The aircraft must have such stability as to ensure that the demands
made on the pilot are not excessive taking into account the phase of
flight and its duration.
2.a.5. Procedures for normal operations, failure and emergency conditions
must be established.
2.a.6. Warnings, or other deterrents intended to prevent exceedance of the
normal flight envelope, must be provided, as appropriate to type.
2.a.7. The characteristics of the aircraft and its systems must allow a safe
return from extremes of the flight envelope that may be encountered.2002R1592 — EN — 01.10.2003 — 002.001 — 29
▼B
2.b. The operating limitations and other information necessary for safe
operation must be made available to the crew members.
2.c. Product operations must be protected from hazards resulting from
adverse external and internal conditions, including environmental condi-
tions.
2.c.1. In particular, no unsafe condition must occur from exposure to
phenomena such as, but not limited to, adverse weather, lightning, bird
strike, high frequency radiated fields, ozone, etc., reasonably expected
to occur during product operation.
2.c.2. Cabin compartments must provide passengers withsuitable transport
conditions and adequate protection from any expected hazard arising
in flight operations or resulting in emergency situations, including fire,
smoke, toxic gases and rapid decompression hazards. Provisions must
be made to give occupants every reasonable chance of avoiding serious
injury and quickly evacuating the aircraft and to protect them from the
effect of the deceleration forces in the event of an emergency landing
on land or water. Clear and unambiguous signs or announcements
must be provided, as necessary, to instruct occupants in appropriate
safe behaviour and the location and correct use of safety equipment.
Required safety equipment must be readily accessible.
2.c.3. Crew compartments must be arranged in order to facilitate flight opera-
tions, including means providing situational awareness, and
management of any expected situation and emergencies. The environ-
ment of crew compartments must not jeopardise the crew's ability to
perform their tasks and its design must be such as to avoid interference
during operation and misuse of the controls.
3. Organisations (including natural persons undertaking design, manu-
facture or maintenance)
3.a. Organisation approvals must be issued when the following conditions
are met:
3.a.1. the organisation must have all the means necessary for the scope of
work. These means comprise, but are not limited to, the following:
facilities, personnel, equipment, tools and material, documentation of
tasks, responsibilities and procedures, access to relevant data and
record-keeping;
3.a.2. the organisation must implement and maintain a management system to
ensure compliance with these essential requirements for airworthiness,
and aim for continuous improvement of this system;
3.a.3. the organisation must establish arrangements with other relevant organi-
sations, as necessary, to ensure continuing compliance withth ese
essential requirements for airworthiness;
3.a.4. the organisation must establish an occurrence reporting and/or handling
system, which must be used by the management system under point
3.a.2 and the arrangements under point 3.a.3, in order to contribute to
the aim of continuous improvement of the safety of products.
3.b. In the case of maintenance training organisations, the conditions under
points 3.a.3 and 3.a.4 do not apply.2002R1592 — EN — 01.10.2003 — 002.001 — 30
▼B
ANNEX II
Aircraft referred toinArticle4(2)
Aircraft to which Article 4(1) does not apply are aircraft for which a type-certi-
ficate or a certificate of airworthiness has not been issued on the basis of this
Regulation and its implementing rules, and which fall in one of the following
categories:
(a) aircraft having a clear historical relevance, related to:
(i) participation in a noteworthy historic event; or
(ii) a major step in the development of aviation; or
(iii) a major role played in the armed forces of a Member State;
and meeting one or more of the following criteria:
(i) its initial design is established as being more than 40 years old;
(ii) its production stopped at least 25 years ago;
(iii) fewer than 50 aircraft of the same basic design are still registered in the
Member States;
(b) aircraft specifically designed or modified for research, experimental or
scientific purposes, and likely to be produced in very limited numbers;
(c) aircraft of which at least 51 % is built by an amateur, or a non-profit asso-
ciation of amateurs, for their own purposes and without any commercial
objective;
(d) aircraft whose initial design was intended for military purposes only;
(e) aeroplanes having no more than two seats, the stall speed or the minimum
steady flight speed in landing configuration not exceeding 35 knots cali-
brated air speed (CAS), and a maximum take-off mass (MTOM) of no
more than:
(i) 300 kg for a land plane, single seater; or
(ii) 450 kg for a land plane, two seater; or
(iii) 330 kg for an amphibian or floatplane single seater; or
(iv) 495 kg for an amphibian or floatplane two seater, provided that, where
operating bothas a floatplane and as a land plane, it falls below both
MTOM limits, as appropriate;
(f) ‘gliders’ with a structural mass of less than 80 kg when single seater or
100 kg when two seater, including those which are foot launched;
(g) unmanned aircraft withan operating mass of less th an 150 kg;
(h) any other aircraft with a total mass without pilot of less than 70 kg.2002R1592 — EN — 01.10.2003 — 002.001 — 31