on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91

Regulation (EU) 2018/1139 of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 sets out the legal basis for the creation of EASA, defines EASA’s competences and establishes the scope of common aviation safety requirements. The regulation covers the elements aimed at improving the performance of the European Union aviation system.

on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91

According to this Article, the Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period, thus before 11 December 2022.

·2021 a)Initial airworthiness b)References to ICAO provisions in Regulation (EU) 2018/1139; ·2022 a)Initial airworthiness; b)All-weather operations At the date of drafting this report, 13 Delegated Regulations have been adopted by the Commission since the entering into force of Article 128(2) of Regulation (EU) 2018/1139 on 11.09.2018. 3.2. Adopted Delegated Regulations

a)The Commission adopted on 12 March 2019 the Delegated Regulation (EU) 2019/945. This Regulation contains the technical requirements for the UAS classes and e-identification of unmanned aircraft systems and on third-country operators of unmanned aircraft systems. Specifically, this Regulation defines the new EU market harmonisation legislation that UAS operated in the ‘open’ category will have to comply with and the conditions for UAS operations conducted by a third-country operator. Compliance is shown by affixing the CE marking and the UAS class to the UAS when it meets the essential technical requirements. This Regulation should contribute to addressing citizens’ concerns regarding security, privacy, data protection, and environmental protection. It is expected to increase the level of safety of UAS operations, to harmonise legislation among the EU MSs, and to create an EU market that will reduce the cost of UAS and allow cross-border operations.

b)The Commission adopted on 12 March 2019 the Delegated Regulation (EU) 2019/897. This Regulation concerns the inclusion of risk-based compliance verification in Annex I of Regulation (EU) No 748/2012 (Part-21) to improve the effectiveness, transparency and predictability of the certification process. It includes certain selection criteria to allow determining which compliance demonstrations should be verified by EASA. In addition, this Regulation provides the possibility for production organisations to apply to their competent authority for exemptions from the environmental protection requirements for specific engines or aircraft. This possibility of exemptions is based on the environmental protection requirements contained in Annex 16 of the Chicago Convention. This Regulation also corrects certain inconsistencies of Regulation (EU) No 748/2012 with Regulation (EU) 2018/1139 as regards the content of the type-certification basis and the notification process.

c)The Commission adopted on 28 January 2020 the Delegated Regulation (EU) 2020/570. This Regulation concerns the amendment and correction of Regulation (EU) No 748/2012 (Part-21) for the alignment of rules for continuing airworthiness of aircraft and aeronautical products, parts and appliances with Regulation (EU) No 1321/2014. More specifically, since the provisions relating to certificates of airworthiness, repair design approvals and permits to fly, laid down in Annex I (Part 21) to Regulation (EU) No 748/2012, only refer to Annex I (Part-M) to Regulation (EU) No 1321/2014, that Annex I (Part-21) to Regulation (EU) No 748/2012 is amended to adapt its provisions to the new structure of the Annexes to Regulation (EU) No 1321/2014.

d)The Commission adopted on 4 March 2020 the Delegated Regulation (EU) 2020/723. This Regulation concerns the acceptance of certificates and other documentation attesting compliance with civil aviation rules issued in accordance with the laws of a third country, whilst ensuring an equivalent level of safety to that provided for in Regulation (EU) 2018/1139, including the conditions and procedures for achieving and maintaining the necessary confidence in regulatory systems of third countries. According to Regulation (EU) No 1178/2011 which lists the conditions for the acceptance of licences from third countries, a pilot licence issued by a third country may currently be accepted (under certain conditions) by Member States or the holder of such a third country licence can obtain credit when applying for a licence. Such credit is currently determined based on a recommendation from an approved training organisation. This regulation introduces the ‘declared training organisations’ and updates the rules concerning the acceptance of licences from third countries in order to permit such organisations to give credit to holders of third country licences who apply for a licence issued under the Union legal framework.

e)The Commission adopted on 27 April 2020 the Delegated Regulation (EU) 2020/1058. This Regulation introduces two standard scenarios (STSs) in Appendix 1 to the Annex to Regulation (EU) 2019/947, defining the conditions when UAS operators can start an operation after having submitted a declaration to the competent authority. Moreover, it introduces two new Parts in the Annex to Regulation (EU) 2019/945, including the technical requirements that UAS need to meet in order to be operated in the STSs, and establishing two new UAS classes — classes C5 and C6. The conditions to conduct the STSs are based on the in-service experience of some Member States and they have been validated through the application of the specific operations risk assessment (SORA).

f)The Commission adopted on 9 June 2020 the Delegated Regulation (EU) 2020/1234. This Regulation establishes authority requirements for the certification and oversight of providers of apron management services, their organisation requirements, operations requirements for the apron, as well as training requirements for personnel involved in the provision of apron management services. This Regulation aims to complete the requirements for aerodrome operations by integrating apron operations, and to allow apron management service providers to offer their services at different aerodromes and in different Member States without the need for multiple certificates.

g)The Commission adopted on 6 October 2020 the Delegated Regulation (EU) 2020/2034. This Regulation establishes the common European risk classification scheme (ERCS) for the determination of the safety risk of an occurrence. The Regulation foresees two steps, one (step 1) related to the determination of the values of the two variables: severity and probability and the other (step 2) on the scoring of the safety risk within the ERCS matrix based on the two determined values of variables. Through this Regulation, the ERCS is expected to facilitate an integrated and harmonised approach to risk management across the European aviation system and therefore enable the competent authorities of Member States and the Agency to focus on safety improvement efforts in a harmonised manner as part of the European Plan for Aviation Safety referred to in Article 6 of Regulation (EU) 2018/1139 of the European Parliament and of the Council.

h)The Commission adopted 8 October 2020 the Delegated Regulation (EU) 2020/2148. This Regulation is expected to mitigate the safety risks associated with runway safety, from an aerodrome’s perspective, focusing mainly on the prevention of runway incursions and on runway surface condition assessment and reporting. It addresses issues such as ground collisions, runway configuration, foreign object debris related occurrences as well as runway pavements maintenance. This regulation introduces new organisation and operational requirements of Regulation (EU) No 139/2014, which are based on ICAO provisions contained mainly in Annexes 14 and 15 as well as safety recommendations addressed to EASA by certain Member States. Furthermore, this Regulation proposes amendments to the framework for the operation of vehicles at aerodromes, including the authorisation of drivers and the conformance of vehicles operating on the manoeuvring area with certain safety prerequisites, in order to ensure runway safety. Linked to this is also the proposal for a new requirement on communications, as well as a proposal for the control of pedestrians at the aerodrome. In addition, this Regulation includes all the necessary requirements to support the application of the new Global Reporting Format (GRF) of runway surface conditions, including changes to the contents of METAR and SNOWTAM forms and of the special air-report. The Regulation is expected to improve safety by reducing the number of runway-safety-related occurrences from an aerodrome’s perspective, and improve harmonisation as a result of the introduction of new common requirements that do not currently exist. It ensures the alignment of the current EU aerodrome regulatory framework with the relevant aerodrome-related ICAO provisions of Annexes 14 and 15, PANS-ATM and PANS-Aerodromes.

i)The Commission adopted on 21 December 2020 the Delegated Regulation (EU) 2021/699. This Regulation addresses safety risks related to ageing phenomena in the structures of large aeroplanes. These risks include fatigue of the basic type design, widespread fatigue damage (WFD), corrosion, fatigue of changes and repairs, and continued operation with unsafe levels of fatigue cracking. This Regulation is expected to ensure that Design Approval Holders (DAHs), or applicants for Type Certificates (TCs), Supplemental Type Certificates (STCs), design changes and repair approvals, will produce the necessary data, procedures, instructions and manuals related to ageing structure failures due to corrosion and fatigue and make them available to those who need to comply with them (operators). This Regulation is also expected to mitigate the risks linked to the uncertainty of the status of the instructions for continued airworthiness (ICA) and, therefore, to avoid leaving room for interpretation in the rules, leading to differences in the use of ICA and causing possible safety risks. To achieve this, this Regulation clarifies that the ICA are part of the type certificate (TC) and merges the requirements related to record keeping, manuals and ICA in the various subparts into a single requirement (in Subpart A). This Regulation is expected to improve the harmonisation of the ICA among the DAHs in relation to the identification, approval, formatting and availability of the ICA to the end users and to ensure that these safety risks are mitigated for both the existing and future fleets of large aeroplanes.

j)The Commission adopted on 7 April 2021 the Delegated Regulation (EU) 2021/1087 and the Delegated Regulation (EU) 2021/1088. These two Regulations align the EU regulatory framework with the ICAO Standards and Recommended Practices (SARPs) contained in Annex 16 to the Chicago Convention. In February 2019 the ICAO Committee on Aviation Environmental Protection (CAEP) proposed improvements and updates to the existing noise, aircraft engine emissions, and aeroplane CO2 emissions SARPs, including new non-volatile particulate matter emissions regulatory levels for aircraft engines. The ICAO Council adopted the final amendments on 11 March 2020. Thus, these Regulations amend Article 9 ‘Essential requirements’ of Regulation (EU) 2018/1139, Article 9 ‘Production organisations’ of Commission Regulation (EU) No 748/2012 and its Annex I (Part 21). These Regulations are expected to ensure a high uniform level of environmental protection and to provide a level playing field for all actors in the aviation sector.

k)The Commission adopted on 10 December 2021 the Delegated Regulation (EU) 2022/201. This Regulation establishes a safety management system (SMS) framework for design and production (Part 21) as well as maintenance organisations (Part-145), which are the remaining two domains for which ICAO Annex 19 has not been fully transposed yet into the EU regulatory framework. In addition, Annex II ‘Essential requirements for airworthiness’ to Regulation (EU) 2018/1139 explicitly calls for design, production and maintenance organisations to implement and maintain a management system (MS), including the management of safety risks, and aim for its continuous improvement, supported by the establishment of an occurrence-reporting system. By establishing such an MS framework, aviation safety will be enhanced through a) the establishment of safety policies and objectives associated with sufficient resources, b) the systematic identification of hazards and a risk management system; c) safety assurance systems, giving consideration to the safety performance of organisations; and d) safety promotion and communication. This Regulation is in line with the regulatory concept of MS established for other domains, such as Air Operations or Aerodromes, or for continuing airworthiness management organisations (Part-CAMO). By aligning the MS provisions across all aviation domains, it will be ensured that the organisations which have to comply with several MS requirements in different domains can implement a single MS, and that competent authorities that oversee different organisations in different domains can plan and organise their oversight activities on the basis of the same regulatory principles.