Common Position (EC) No 17/2002 of 19 December 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Regulation of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (Text with EEA relevance)
Date: 2001-12-19
Institutions: Council of the European Union
Subjects: air transport, approximation of laws, common transport policy, domestic market

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COMMON POSITION (EC) No 17/2002

adopted by the Council on 19 December 2001

with a view to adopting Regulation (EC) No . . ./2002 of the European Parliament and of the
Council of . . . on common rules in the field of civil aviation and establishing a European
Aviation Safety Agency

(2002/C 58 E/05)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of
Committee (2),

the Economic and Social

Having consulted the Committee of the Regions,

Acting in accordance with the 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 adoption of common safety rules and by measures
ensuring that products, persons and organisations in the
Community comply with such rules and those adopted to
protect the environment. This will contribute to facili-
tating the free movement of goods, persons and organi-
sations in the internal market.

to

civil

they meet

(2) As a consequence, aeronautical products should be subject
to certification to verify that
essential
airworthiness and environmental protection requirements
relating
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, where justified,
application of the Regulation to third country aircraft and,
as appropriate thereafter, other areas in the field of civil
aviation safety.

aviation. Appropriate

(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 (not yet
published in the Official
Journal), Council Common Position of
19 December 2001 and Decision of the European Parliament of
. . . (not yet published in the Official Journal).

(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 of passengers.

(4) Results of air accident investigations should be acted upon
as a matter of urgency, in particular when they relate to
defective aircraft 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 ((cid:145)Chicago Convention(cid:146)), to
which all Member States are Parties, already provides for
minimum standards to ensure the safety of civil aviation
and
thereto.
Community essential requirements and rules adopted for
their implementation should ensure that Member States
fulfil the obligations created by the Chicago Convention,
including those vis-(cid:224)-vis third countries.

environmental

protection

relating

airworthiness

(6) Aeronautical products, parts and appliances should be
certified once they have been found in compliance with
essential
and environmental protection
requirements laid down by the Community in line with
The
set
standards
Commission should be
empowered to develop the
necessary implementing rules.

the Chicago Convention.

by

(7) In order to achieve Community objectives as regards the
freedom of movement of goods, persons and services, as
well as those of the common transport policy, Member
States should, without further requirements or evaluation,
accept products, parts and appliances, organisations or
persons certified in accordance with this Regulation and
its implementing rules.

(8) Enough flexibility should be provided for addressing
special circumstances such as urgent safety measures,
unforeseen or limited operational needs and provisions
should also be made for reaching an equivalent safety
level by other means. Member States should be entitled
to grant exemptions from the requirements of this Regu-
lation and its implementing rules, provided that they are
strictly limited in scope and subject
to appropriate
Community control.

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(9) The fulfilment of the objectives of this Regulation may be
efficiently achieved through cooperation with third
countries. In such a case, the provisions of this Regulation
and its implementing rules may be adapted through
agreements concluded by the Community with these
countries.
In the absence of such agreements, Member
States should nevertheless be allowed, subject to appro-
priate Community control,
to recognise the approvals
granted to foreign products, parts and appliances, organi-
sations and personnel by a third country.

(10) It is necessary to establish appropriate measures to ensure
both the necessary protection of sensitive safety data and
to provide
information
the public with adequate
pertaining to the level of civil aviation safety and environ-
mental protection relating thereto, taking into account
European
Regulation (EC) No 1049/2001 of
Parliament
the Council of 30 May 2001
regarding public access to European Parliament, Council
and Commission documents (1) and relevant national
legislation.

and of

the

(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 single specialised expert body. There is,
therefore, a need within the Community’s existing institu-
tional structure and balance of powers to establish a
European Aviation Safety Agency which is independent
in relation to technical matters and has legal, adminis-
is
trative and financial autonomy. To that end,
necessary
a
Community body having legal personality and exercising
the implementing powers which are conferred on it by
this Regulation.

appropriate

should

it
be

that

and

it

It

the

adopt

execution,

also appropriate

appropriate
budget, verify its
financial rules, establish transparent working procedures
the
for decision-making by the Agency and appoint
Executive Director.
the
that
is
Agency be allowed to conduct research and to organise
appropriate 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 inter-
national relations,
including the harmonisation of rules,
recognition of approvals and technical cooperation, and
be entitled to establish the appropriate relations with the
aeronautical authorities of
third countries and inter-
national organisations competent in matters covered by
this Regulation.

(14) Public interest requires the Agency to base its safety-
related action solely on independent expertise, strictly
applying this Regulation 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 left with a high
degree of flexibility to obtain advice and to organise the
internal functioning of the Agency. When, however, the
Agency has to develop draft rules of a general nature to
be implemented 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 which is suited to the special character of the
field of aviation. An appropriate appeal mechanism
the Executive
should be set up so that decisions of
Director can be subject to appeal to a specialised board
of appeal, whose decisions are, in turn, open to action
before the Court of Justice.

the necessary legislation and assist

(12) In order to properly assist the Community, the Agency
should be allowed to develop its expertise in all aspects of
civil aviation safety and environmental protection covered
by this Regulation. It should assist the Commission in the
preparation of
the
Member States and the industry in its implementation.
It should be able to issue certification specifications and
findings and
guidance material and to make technical
issue certificates as required and it should assist
the
Commission in monitoring the application of this Regu-
lation and of its implementing rules and should be given
the necessary authority to fulfil its tasks.

comes

(16) In order to guarantee the full autonomy and independence
of
the Agency,
it should be granted an autonomous
from a
budget whose
revenue
contribution from the Community and from fees paid
by the users of the system. The Community budgetary
procedure should be applicable as far as the Community
contribution and any other subsidies chargeable to the
general budget of
the European Union are concerned.
The auditing of accounts should be undertaken by the
Court of Auditors.

essentially

(13) The Commission and the Member States should be repre-
sented within a management board in order to control
effectively the functions of the Agency. This board should
be entrusted with the necessary powers to establish the

(17) The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2).

(1) OJ L 145, 31.5.2001, p. 43.

(2) OJ L 184, 17.7.1999, p. 23.

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sufficiently

cannot be

(18) Since the objectives of the proposed action, namely the
establishment and uniform application of common rules
in the field of civil aviation safety and environmental
achieved by the
protection,
the
Member States and can therefore, by reason of
this Regulation, be better
European-wide
achieved at Community level,
the Community may
adopt measures, in accordance with the principle of subsi-
diarity, as set out in Article 5 of the Treaty. In accordance
with the principle of proportionality, as set out in that
Article,
is
necessary in order to achieve those objectives.

this Regulation does not go beyond what

scope of

so as

to ensure

(19) It has been recognised that the involvement of European
countries not members of the European Union should be
pursued,
a proper pan-European
dimension in order to facilitate the improvement of civil
aviation safety throughout Europe. European countries
that have concluded agreements with the Community to
adopt and apply the Community acquis
in the field
covered by this Regulation should be associated with its
to be agreed in the
work according to conditions
framework of these agreements.

(20) 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 Auth-
orities,
to the Agency should be effected efficiently,
without any reduction in the current high levels of
safety, and without any negative impact on certification
schedules. Appropriate measures need to be adopted to
provide for the necessary transition.

(21) This Regulation establishes an appropriate and compre-
hensive framework for the environmental certification of
aeronautical products as well as for the definition and
implementation of common technical requirements and
administrative procedures in the field of civil aviation.
Council Directive 80/51/EEC of 20 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
technical
requirements and administrative procedures in the field
of civil aviation (2) should therefore be repealed in due
time, without prejudice to the certification of products,
persons
in
accordance with these legislative acts.

organisations

performed

already

and

(22) This Regulation will apply to any other area related to
civil aviation safety on the basis of a future proposal in
accordance with the Treaty,

(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
L 333,

Commission Regulation (EC) No 2871/2000 (OJ
29.12.2000, p. 47).

HAVE ADOPTED THIS REGULATION:

CHAPTER I

PRINCIPLES

Article 1

Scope

1.

This Regulation shall apply to:

(a) the design, production, maintenance and operation of aero-
as
nautical products, parts
personnel
involved in the design,
production and maintenance of such products, parts and
appliances;

and organisations

and appliances,

as well

(b) personnel and organisations involved in the operation of

aircraft.

This Regulation shall not apply when products, parts,
2.
appliances, personnel
to in
and organisations
paragraph 1 are engaged in military, customs, police, or
similar services. The Member States shall undertake to ensure
that such services have due regard as far as practicable to the
objectives of this Regulation.

referred

Article 2

Objectives

The principal objective of this Regulation is to establish
1.
and maintain a high uniform level of civil aviation safety in
Europe.

Additional objectives are,

2.
Regulation, as follows:

in the fields covered by this

(a) to ensure a high uniform level of environmental protection;

(b) to facilitate the free movement of goods, persons and

services;

(c)

to promote cost-efficiency in the regulatory and certifi-
cation 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 interpretation and uniform implementation of
its provisions, and by ensuring that
its provisions are
duly taken into account
in this Regulation and in the
rules drawn up for its implementation;

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(e)

regarding civil aviation
to promote Community views
safety standards and rules throughout the world by estab-
lishing appropriate cooperation with third countries and
international organisations.

Article 3

Definitions

For the purpose of this Regulation:

(a) (cid:145)continuing oversight(cid:146) means the tasks to be conducted to
verify that the conditions under which a certificate has
been granted continue to be fulfilled at any time during
its period of validity, as well as
the taking of any
safeguard measure;

(b) (cid:145)Chicago Convention(cid:146) means

the Convention on Inter-
national Civil Aviation and its Annexes, signed in Chicago
on 7 December 1944;

(c) (cid:145)product(cid:146) shall mean an aircraft, engine or propeller;

(d) (cid:145)parts

and

appliances(cid:146)

shall mean any

including communications equipment,

instrument,
equipment, mechanism, part, apparatus, appurtenance or
accessory,
is
used or intended to be used in operating or controlling
an aircraft in flight and is installed in or attached to the
includes parts of an airframe, engine or
aircraft.
propeller;

that

It

(e) (cid:145)certification(cid:146) means any form of recognition that a product,
part or appliance, organisation or person complies with the
applicable requirements including the provisions of
this
Regulation and its implementing rules, as well as the
issuance
such
of
compliance;

certificate

attesting

relevant

the

(f)

(cid:145)qualified entity(cid:146) means a body which may conduct certifi-
cation tasks under the control and the responsibility of the
Agency;

(g) (cid:145)certificate(cid:146) means any approval, licence or other document

issued as the result of certification.

CHAPTER II

SUBSTANTIVE REQUIREMENTS

Article 4

Basic principles and applicability

Aircraft,
1.
appliance, which are:

including any installed product, part

and

(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
oversight has been delegated to a third country and they are
not used by a Community operator.

Paragraph 1 shall not apply to aircraft referred to in

2.
Annex II.

This Regulation shall not affect

3.
third
countries as specified in international conventions, in particular
the Chicago Convention.

the rights of

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 with the following.

to that

(a) Products shall have a type-certificate. The type-certificate,
type-certificate,
changes
and certification of
including supplemental
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
essential
requirements referred to in paragraph 1, and when it has
no feature or characteristic making it unsafe for operation.
The type-certificate shall cover the product,
including all
parts and appliances fitted thereon.

compliance with the

(b) Parts and appliances may be issued with specific certificates
detailed
when
they
airworthiness
ensure
compliance with the essential requirements referred to in
paragraph 1.

comply with
to

shown
specifications

established

are

to

(c) Each aircraft shall be issued with an individual certificate of
airworthiness when it is shown that it conforms with the
type design approved in its
type-certificate and that
relevant documentation, inspections and tests demonstrate
that the aircraft is in condition 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 the essential
requirements related to continuing airworthiness set out
in point 1.d of Annex I and the implementing rules
referred to in paragraph 4.

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(d) Organisations responsible for the design, manufacture and
maintenance of products, parts and appliances
shall
demonstrate their capability and means to discharge the
responsibilities associated with their privileges. Unless
otherwise accepted these capabilities and means shall be
recognised through the
an organisation
approval. The privileges granted to the approved organi-
sation and the scope of the approval shall be specified in
the terms of approval.

issuance of

In addition:

(e) personnel responsible for the release of a product, part or
appliance after maintenance may be required to hold an
appropriate certificate ((cid:145)personnel certificate(cid:146));

(f)

the capability of maintenance training organisations to
discharge the responsibilities associated with their privileges
in relation to the issuance of the certificates referred to in
point (e) may be recognised 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 with appropriate 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 paragraph 2(a). In this case, the aircraft shall
be shown to comply with specific airworthiness specifi-
cations and deviations from the essential requirements
referred to in paragraph 1 shall nevertheless ensure
to the purpose. Aircraft
adequate safety with regards
eligible to these restricted certificates, and limitations for
use of
these aircraft, shall be defined according to the
implementing rules referred to in paragraph 4;

(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,
procedure laid down in Article 54(3),
implementation of this Article, specifying in particular:

in accordance with the
the

the rules

for

(a) conditions to establish and notify to an applicant the type-

certification basis applicable to a product;

(c) conditions to establish and notify to an applicant

the
specific airworthiness specifications applicable to aircraft
eligible for a restricted certificate of airworthiness;

(d) conditions to issue and disseminate mandatory information
continuing airworthiness of

to ensure

the

in order
products;

(e) conditions to issue, maintain, amend, suspend or revoke
restricted type-certificates, approval of
certificates of
individual
airworthiness,
of
for products, parts or

to type-certificates,
restricted
to fly and certificates

type-certificates,
changes
airworthiness,
permits
appliances, including:

certificates

(i) conditions on the duration of these certificates, and
limited

to renew certificates when a

conditions
duration is fixed;

(ii) restrictions applicable to the issue of permits to fly.
These restrictions should in particular concern the
following:

(cid:151) purpose of the flight,

(cid:151) airspace used for the flight,

(cid:151) qualification of flight crew,

(cid:151) carriage of persons other than flight crew,

(iii) aircraft

to
airworthiness, and associated restrictions;

restricted

eligible

certificates

of

(f) conditions to issue, maintain, amend, suspend or revoke
organisation approvals
in accordance with
required
paragraph 2(d) and (f) and conditions under which such
approvals need not be requested;

(g) conditions to issue, maintain, amend, suspend or revoke
accordance with

certificates

required

in

personnel
paragraph 2(e);

(h) responsibilities of the holders of certificates;

(i) how aircraft referred to in paragraph 1 which are not
covered by paragraphs 2 or 3 are to show compliance
with the essential requirements.

5. When establishing the implementing rules referred to in
paragraph 4, the Commission will take specific care that they:

(b) conditions to establish and notify to an applicant

the
detailed airworthiness specifications applicable to parts
and appliances;

(a) reflect the state of the art and the best practices in the field

of airworthiness;

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(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

Essential requirements for environmental protection

1.
Products, parts and appliances shall comply with the
environmental protection requirements contained in Annex
16 to the Chicago Convention as issued in November 1999,
except for its Appendices.

In accordance with the procedure referred to in Article
2.
54(3), paragraph 1 of this Article may be adapted, in order to
bring it in line with subsequent amendments to the Chicago
Convention and its Annexes, which enter into force after the
adoption of this Regulation and which become applicable in all
Member States, in so far as such adaptations do not broaden
the scope of this Regulation.

The Commission shall prescribe

3.
the
implementation of paragraph 1, using as necessary the
content of
in
the Appendices mentioned in paragraph 1,
accordance with the procedure laid down in Article 54(3).

rules

the

for

Article 7

Air operations and flight crew licensing

With regard to the basic principles, applicability and essential
requirements for the fields covered by Article 1(1)(b),
the
Commission shall, where
soon as
possible, submit proposals thereon to the European Parliament
and to the Council.

appropriate

and as

Article 8

Recognition of certificates

States

shall, without

1. Member
technical
requirements or evaluation, recognise the certificates issued in
accordance with this Regulation. When the original recognition
is for a particular purpose, or purposes, any subsequent recog-
nition shall cover only the same purpose(s).

further

2.
Pending adoption of the implementing rules referred to in
Article 5(4), and without prejudice to Article 57(2), certificates
which cannot be issued in accordance with this Regulation may
be issued on the basis of the applicable national regulations.

Member States or the Agency may issue certificates on the
basis of certificates issued by aeronautical authorities of a
third country, as provided for in an agreement between the
Community and that third country.

2 (a) In the absence of an agreement concluded by the
Community, a Member State or the Agency may issue
certificates on the basis of 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 entry into force
of the related provisions of this Regulation and notified
the Commission and the other Member States. The
Agency may also issue such certificates on behalf 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:

(cid:151) the provision of an agreement between a Member
State and a third country would not provide for a
level of safety equivalent to that specified by this
Regulation and its implementing rules, and/or

(cid:151) such agreement would give an unfair advantage to a
third country, or is contrary to Community policy
vis-(cid:224)-vis that third country,

it may, in accordance with the procedure laid down in
Article 54(2) require the Member State concerned to
modify the agreement or to suspend its application or
to renounce it, in conformity with Article 307 of the
Treaty.

(c) Member States shall

renounce agreements as
entry
Community and the third country in question,
those domains covered by that latter agreement.

take the necessary measures to
the
soon as possible after
an agreement between the
for

into force of

Article 10

Flexibility provisions

The provisions of this Regulation and of rules adopted for
1.
its implementation shall not prevent a Member State from
reacting immediately to a safety problem which involves a
product, person or organisation subject to the provisions of
this Regulation.

If the safety problem is the result of:

Article 9

(a) an inadequate level of safety resulting from the application

Acceptance of third country approval

of this Regulation, or

1.
and 15 and the rules adopted for

By way of derogation from the provisions of Articles 5, 6
implementation,

their

(b) a shortcoming in this Regulation or its implementing rules,

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the Member State shall immediately notify to the Agency, the
Commission and to the other Member States the measures
taken and the reasons therefor.

Article 11

Information network

The Commission shall decide,

2.
in accordance with the
procedure referred to in Article 54(3), whether an inadequate
level of safety or a shortcoming in this Regulation or its
implementing rules justifies the continuing application of the
measures adopted pursuant to paragraph 1. 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 justified, the
Member State shall revoke or amend the measures in question.

grant

exemptions

States may

3. Member
from the
substantive requirements laid down in this Regulation and its
implementing rules in the event of unforeseen urgent oper-
ational circumstances or operational needs of a limited
duration. The Agency,
the Commission and the other
Member States shall be notified of any such exemptions as
soon as they become repetitive or where they are granted for
periods of more than two months.

4. Where the measures decided on by a Member State are
less restrictive than the Community provisions applicable, the
Commission shall examine whether the exemptions comply
with the general safety objective of this Regulation or any
other rule of Community law. If the exemptions granted do
not comply with the general safety objectives of this Regulation
or any other rule of Community law, the Commission shall
take a decision in accordance with the procedure referred to
in Article 54(4). In such a case, the Member State shall revoke
the exemption.

5. Where an equivalent level of protection to that attained
by the application of the implementing rules for Articles 5 and
6 can be achieved by other means, Member States may,
without discrimination on grounds of nationality and having
regard to the need not to distort competition, grant approval
derogating from those implementing rules. In such cases, the
Member State concerned shall notify the Commission that it
intends to grant such approval and shall give reasons demon-
strating the need to derogate from the rule concerned, as well
as the conditions laid down to ensure that an equivalent level
of protection is achieved.

6. Within three months of being notified by a Member State
in accordance with paragraph 5, the Commission shall initiate
the procedure referred to in Article 54(3), in order to decide
whether an approval proposed in accordance with paragraph 5
fulfils the conditions laid down in that paragraph and can be
granted. In such a case, it shall notify its decision to all Member
States, which shall also be entitled to apply that measure. The
provisions of Article 8 shall apply to the measure in question.
implementing rules may also be amended to
The relevant
reflect
in
accordance with Article 43.

transparent procedures

such measure, using

1.
The Commission, the Agency, and the national aviation
authorities shall exchange any information available to them in
the context of
this Regulation and its
implementing rules. Entities entrusted with the investigation
of civil aviation accidents and incidents, or with the analysis
of occurrences, are entitled to access to that information.

the application of

2. Without prejudice to the public’s right of access to the
Commission’s documents as laid down in Regulation (EC)
in accordance
No 1049/2001, the Commission shall adopt,
with the procedure referred to in Article 54(3), measures for
the dissemination to interested parties on the Commission’s
own initiative of the information referred to in paragraph 1
of this Article. These measures, which may be generic or indi-
vidual, 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 confidentiality of that information.

The national aviation authorities shall, according to their
3.
national legislation, take necessary measures to ensure appro-
priate confidentiality of the information received by them in
application of paragraph 1.

In order to inform the public of the general safety level, a

4.
safety review shall be published annually by the Agency.

CHAPTER III

THE EUROPEAN AVIATION SAFETY AGENCY

SECTION I

TASKS

Article 12

Establishment and functions of the Agency

1.
For the purpose of the implementation of this Regulation,
a European Aviation Safety Agency, hereinafter referred to as
(cid:145)the Agency(cid:146), shall be established.

For the purposes of ensuring the proper functioning and

2.
development of civil aviation safety, the Agency shall:

(a) undertake any task and formulate opinions on all matters

covered by Article 1(1);

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(b) assist the Commission by preparing measures to be taken
for the implementation of this Regulation and provide it
with the necessary technical, scientific and administrative
support to exercise 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
international Conventions,
the Chicago
Convention.

in particular

Article 13

Agency measures

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 material for the application of this Regulation
and its implementing rules;

account worldwide aircraft experience in service, and scientific
and technical progress.

Article 15

Airworthiness and environmental certification

1. With regard to products, parts and appliances referred to
the Agency shall, where applicable and as
in Article 4(1),
specified in the 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 particular:

(a)

for each product for which a type-certificate or a change to
a type-certificate is requested, establish and notify the type-
certification basis. That certification basis consists of the
applicable airworthiness code,
the provisions for which
an equivalent level of safety has been accepted and the
special detailed technical specifications necessary when
the design features of a particular product or
the
experience in operation render any of the airworthiness
code provisions inadequate or
inappropriate to ensure
conformity with essential requirements;

(b) for each product
airworthiness
specific airworthiness specifications;

for which a restricted certificate of
the
requested,

establish and notify

is

(c)

take the appropriate decisions
Articles 15, 45 and 46.

for

the application of

(c)

for each part or appliance for which a certificate is
requested, establish and notify the detailed airworthiness
specifications;

Article 14

Opinions,

certification

specifications

and

guidance

material

In order to assist the Commission in the preparation of
1.
proposals
for basic principles, applicability and essential
requirements to be presented to the European Parliament and
to the Council and the adoption of the implementing rules, the
Agency shall prepare drafts thereof. These drafts shall be
submitted by the Agency as opinions to the Commission.

(d) for each product for which environmental certification is
required in accordance with Article 6, establish and notify
the appropriate environmental requirements;

(e) conduct, itself or through national aviation authorities or
inspections associated with

qualified entities,
products, parts and appliances certification;

technical

The Agency shall, in accordance with Article 43 and the

2.
implementing rules adopted by the Commission, develop:

(f)

the

issue
changes;

appropriate

type-certificates

or

associated

(a) certification specifications,

including airworthiness codes

and acceptable means of compliance; and

(g)

issue certificates for parts and appliances;

(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

(h) issue the appropriate environmental certificates;

(i) amend, suspend or revoke the relevant certificate when the
conditions according to which it was issued are no longer
fulfilled or if
the legal or natural person holding the
certificate fails to fulfil the obligations imposed on it by
this Regulation or by its implementing rules;

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(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 disseminating the applicable
mandatory information.

2. With regard to organisations, the Agency shall:

Member States so as to ensure 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.

(a) conduct, itself or through national aviation authorities or
the organi-

inspections and audits of

qualified entities,
sations it certifies;

(b) issue and renew the certificates of:

(i) design organisations; or

Article 18

International relations

1.
The Agency shall assist the Community and its Member
States in their relations with third countries in accordance with
the relevant Community law. It shall, in particular, assist in the
recognition regarding
and mutual
harmonising of
approvals attesting the satisfactory application of rules.

rules

(ii) production organisations located within the territory of
if requested by the concerned

the Member States,
Member State; or

(iii) production and maintenance organisations
outside the territory of the Member States;

located

2.
The Agency may cooperate with the aeronautical auth-
orities of third countries and the international organisations
competent
in matters covered by this Regulation in the
framework of working arrangements concluded with those
bodies,
the
Treaty.

in accordance with the relevant provisions of

(c) amend,

the

revoke

suspend or

relevant organisation
certificate when the conditions according to which it was
issued are no longer
the organisation
concerned fails to fulfil the obligations imposed on it by
this Regulation or by its implementing rules.

fulfilled, or

if

Article 16

Monitoring the application of rules

The Agency shall conduct standardisation inspections in
1.
the fields covered by Article 1(1),
in order to monitor the
application by national aviation authorities of this Regulation
and of
to the
its
Commission.

implementing rules, and shall

report

The Agency shall conduct

investigations to
2.
monitor the effectiveness of the application of this Regulation
and its implementing rules, having regard to the objectives set
out in Article 2.

technical

The Agency shall be consulted and give its opinion to the

3.
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 to be adopted in accordance with the procedure
referred to in Article 54(2), and taking into account the prin-
ciples 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
competence, without prejudice to Community law.

2.
opment activities with those of

The Agency shall coordinate its research and devel-
the Commission and the

3.
The Agency shall assist Member States to respect their
international obligations, in particular those under the Chicago
Convention.

SECTION II

INTERNAL STRUCTURE

Article 19

Legal status, location, local offices

The Agency shall be a body of the Community. It shall

1.
have legal personality.

In each of the Member States, the Agency shall enjoy the
2.
most extensive legal capacity accorded to legal persons under
their laws. It may in particular, acquire or dispose of movable
and immovable property and may be a party to legal
proceedings.

The Agency may establish its own local offices in the

3.
Member States subject to their consent.

4.

The Agency shall be represented by its Executive Director.

Article 20

Staff

The Staff Regulations of officials of
the Conditions of

the European
1.
Communities,
employment of other
servants of the European Communities and the rules adopted
jointly by the institutions of the European Communities for
those Staff Regulations and
purposes of
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.

the application of

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2. Without prejudice to Article 30, the powers conferred on
the appointing authority by the Staff Regulations, and by the
Conditions of employment of other servants, shall be exercised
by the Agency in respect of its own staff.

3.
The Agency’s staff shall consist of a strictly limited
number of officials assigned or seconded by the Commission
or Member States
to carry out management duties. The
remaining staff shall consist of other employees recruited by
the Agency as necessary to carry out its tasks.

1.

2.

(a)

Article 24

Powers of the Management Board

The Agency shall have a management board.

The Management Board shall:

appoint
accordance with Article 30;

the Executive Director and the Directors

in

Article 21

Privileges and immunities

The Protocol on the Privileges and Immunities of the European
Communities shall apply to the Agency.

(b) before 31 March each year, adopt the general report of the
to the
Agency for
European Parliament, the Council, the Commission and
the Member States;

the previous year and forward it

Article 22

Liability

The contractual liability of the Agency shall be governed

1.
by the law applicable to the contract in question.

2.
The Court of Justice of the European Communities shall
have jurisdiction to give judgment pursuant to any arbitration
clause contained 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 the Member States, make good any damage caused by its
departments or by its servants in the performance of their
duties.

The Court of Justice shall have jurisdiction in disputes
the damage referred to in

4.
relating to compensation for
paragraph 3.

The personal liability of its servants towards the Agency
5.
shall be governed by the provisions laid down in the Staff
Regulations or Conditions of employment applicable to them.

Article 23

Publication of documents

of

adopt

the Commission,

(c) before 30 September each year, and after receiving the
opinion
the Agency’s
programme of work for the coming 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 Community
budgetary procedure
and the Community legislative
programme in relevant areas of aviation safety;

(d) adopt guidelines for the allocation of certification tasks to
national aviation authorities or qualified entities after
approval from the Commission;

(e)

establish procedures for making decisions by the 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 officials referred to

in Article 30(1) and (3);

(i)

give its opinion on the fees and charges regulation as
referred to in Article 53(1);

1. Without prejudice to decisions taken on the basis of
Article 290 of the Treaty, the following documents shall be
produced in all official languages of the Community:

(j)

establish its Rules of Procedure;

(a) the safety review referred to in Article 11(4);

(k) decide on the linguistic arrangements for the Agency;

(b) opinions addressed to the Commission pursuant to Article

14(1);

(l)

complement, where appropriate,
mentioned in Article 23(1);

the list of documents

(c)

the annual general report and programme of work referred
to in Article 24(2)(b) and (c) respectively.

(m) establish the organisational structure of the Agency and

adopt the Agency’s staffing policy.

2.
The translation services required for the functioning of
the Agency shall be provided by the Translation Centre for
bodies of the European Union.

The management board may advise

3.
the Executive
Director on any matter strictly related to strategic development
of aviation safety, including research as defined in Article 17.

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The Management Board shall establish an advisory body
4.
of interested parties, which it shall consult prior to making
decisions in the fields referred in paragraph 2(c), (e), (f) and
(i). The Management Board 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

Composition of the Management Board

1.
The Management Board shall be composed of one
representative of each Member State and one representative
of the Commission. To this 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 of office shall be
five years. This term of office shall be renewable.

for
The secretariat
6.
provided by the Agency.

the Management Board shall be

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.

Each member shall have one vote. The Executive Director
2.
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.

2. Where appropriate, the participation of representatives of
European third countries and the conditions thereof shall be
established in the arrangements referred to in Article 55.

3.
The Rules of Procedure shall establish the more detailed
voting arrangements, in particular, the conditions for a member
to act on behalf of another member as well as any quorum
requirements, where appropriate.

Article 26

Article 29

Chairmanship of the Management Board

Functions and powers of the Executive Director

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 chair-
person shall expire when their respective membership of the
the
Management Board ceases. Subject
duration of the terms of office of the chairperson or deputy
chairperson shall be three years. These terms of office shall be
renewable.

to this provision,

Article 27

Meetings

1. Meetings of the Management Board shall be convened by
its chairperson.

1.
The Agency shall be managed by its Executive Director,
who shall be completely independent in the performance of
his/her
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.

duties. Without

prejudice

the

to

The European Parliament or the Council may invite the
2.
Executive Director of the Agency to report on the carrying out
of his/her tasks.

The Executive Director shall have the following functions

3.
and powers:

(a)

to approve the measures of
the Agency as defined in
Articles 13 and 15 within the limits specified by this Regu-
lation, its implementing rules and any applicable law;

The Executive Director of the Agency shall take part in

2.
the deliberations.

(b) to decide on inspections and investigations as provided for

in Articles 45 and 46;

3.
The Management Board shall hold at least two ordinary
meetings a year. In addition it shall meet at the instance of the
its
chairperson or at
members.

least one third of

the request of at

4.
The Management Board may invite any person whose
opinion can be of interest to attend its meetings as an observer.

(c)

to allocate certification tasks to national aviation authorities
or qualified entities according to guidelines set by the
management board;

(d) to undertake any international

functions and technical

cooperation with third countries pursuant to Article 18;

5.
The members of the Management Board may, subject to
the provisions of its Rules of Procedure, be assisted by advisers
or experts.

(e)

to take all necessary steps,
including the adoption of
internal administrative instructions and the publication of
notices,
the Agency in
to ensure the functioning of
accordance with the provisions of this Regulation;

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(f)

to prepare each year a draft general report and submit it to
the Management Board;

Article 32

Composition of the boards of appeal

(g) to exercise in respect of the staff the powers laid down in

Article 20(2);

A board of appeal shall consist of a chairperson and two

1.
other members.

(h) to draw up estimates of the revenues and expenditure of
the Agency pursuant to Article 48, and implement the
budget pursuant to Article 49;

(i)

to delegate his/her powers
the
Agency’s staff subject to rules to be adopted in accordance
with the procedure referred to in Article 54(2);

to other members of

(j) with the consent of

the Management Board,

decision regarding the establishment of
the Member States in accordance with Article 19(3).

to take a
local offices in

Article 30

Appointment of senior officials

1.
The Executive Director of the Agency shall be appointed,
by the Management Board, on grounds of merit and docu-
mented competence and experience relevant for civil aviation.
The Management Board shall take its decision by a four-fifths
majority of its members, acting on the basis of a list of persons
drawn up by the Commission. With the same majority of its
members, the Management Board can dismiss the Executive
Director.

The chairperson and the two members

2.
alternates who will represent them in their absence.

shall have

3.
The chairperson, the other members and their respective
alternates shall be appointed by the management board from a
list of qualified 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.

The qualifications required for the members of each
5.
board of appeal, the powers of
individual members in the
preparatory phase of the decisions and the voting conditions
shall be determined by the Commission according to the
procedure referred to in Article 54(3).

Article 33

Members of the boards of appeal

The term of office of
including their

1.
appeal,
alternates, shall be five years. This term shall be renewable.

the members of
chairperson and their

the boards of
respective

2.
The Executive Director may be assisted by one or more
directors. If the Executive Director is absent or indisposed, one
of the directors shall take his/her place.

The members of

2.
the boards of appeal shall be inde-
pendent. In making their decisions they shall not be bound
by any instructions.

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 after having consulted
the Executive Director.

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 term of office of the Executive Director and of the
directors shall be five years. This term of office shall be
renewable.

Article 31

Powers of the boards of appeal

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.

4.
The members of the boards may not be removed either
from office or from the list during their respective terms,
unless there are serious grounds for such removal and the
Commission, after obtaining the opinion of the Management
Board, takes a decision to this effect.

Article 34

Exclusion and objection

1. Members of the boards of appeal may not take part in
any appeal proceedings if
interest
therein, or if they have previously been involved as represen-
tatives of one of the parties to the proceedings, or if they
participated in the decision under appeal.

they have any personal

3.
The board or boards of appeal shall be convened as
necessary. The number of boards of appeal and the work allo-
cation shall be determined by the Commission according to the
procedure referred to in Article 54(3).

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/she should not take part in any appeal proceedings, he/she
shall inform the board of appeal accordingly.

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3. Members of the boards of appeal may be objected to by
any party to the appeal proceedings on any of the grounds
mentioned in paragraph 1, or if suspected of partiality. An
objection shall not be admissible if, while being aware of a
reason for objecting, the party to the appeal proceedings has
taken a procedural step. No objection may be based on the
nationality of members.

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 of the 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

Decisions subject to appeal

the
An appeal may be brought against decisions of
1.
Agency which have been taken pursuant to Articles 15, 46
or 53.

An appeal

lodged pursuant to paragraph 1 above shall
2.
not have suspensory effect. The Agency may, however,
if it
considers that circumstances so permit, suspend the application
of the contested decision.

3.
An appeal against a decision which does not terminate
proceedings 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

Persons entitled to appeal

Agency shall forthwith decide whether or not to suspend the
application of the decision pursuant to the second sentence of
Article 35(2), and shall remit the appeal to the board of appeal.

Article 39

Examination of appeals

If

1.
examine whether the appeal is well founded.

is admissible,

the appeal

the board of appeal shall

2. When examining the appeal, the board of appeal shall act
expeditiously. It shall as often as necessary invite the parties to
the appeal proceedings to file observations on notifications
issued by itself or on communications from the other parties
to the appeal proceedings, within specified time limits. Parties
to the appeal proceedings shall be entitled to make oral presen-
tations.

Article 40

Decisions on appeal

The board of appeal may exercise any power which lies within
the competence of the Agency, or it may remit the case to the
competent body of the Agency. The latter shall be bound by
the decision of the board of appeal.

Article 41

Actions before the Court of Justice

1.
An appeal may be brought before the Court of Justice
against decisions of the boards of appeal on the terms and
conditions laid down in Article 230 of the Treaty.

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 decision addressed to another
is of direct and individual concern to the former.
person,
to proceedings may be party to the appeal
The parties
proceedings.

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 and conditions 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 37

Time limit and form

Article 42

Direct appeal

The appeal, together with the statement of grounds thereof,
shall be filed in writing at the Agency within two months of
the notification of the measure to the person concerned, or, in
the absence thereof, of
the day on which it came to the
knowledge of the latter, as the case may be.

Member States and the Community institutions may lodge a
direct appeal before the Court of Justice against decisions of the
Agency.

Article 38

Interlocutory revision

If

1.
to be
the Executive Director considers the appeal
admissible and well founded, he/she shall rectify the decision.
This shall not apply where the appellant is opposed to another
party to the appeal proceedings.

2.
receipt of

If the decision is not rectified within one month after
the

the statement of grounds

the appeal,

for

SECTION III

WORKING METHODS

Article 43

Procedures for the development of opinions, certification
specifications and guidance material

1.
As soon as possible after the entry into force of this
Regulation, the management board shall establish transparent
procedures for issuing opinions, certification specifications and
guidance material referred to in Article 13(a) and (b).

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Those procedures shall:

safety problem and to inform the relevant interested parties
of the action they are to take.

(a) draw on expertise available in the aviation regulatory auth-

orities 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 which includes an obligation on the Agency to
make a written response to the consultation process.

2. When the Agency, pursuant
to Article 14, develops
opinions, certification specifications and guidance material to
be applied by Member States, it shall establish a procedure for
consulting the Member States. To this effect, it may create a
working group in which each Member State is entitled to
designate an expert.

3. Measures referred to in Article 13(a) and (b) and the
this
to paragraph 1 of
procedures established pursuant
Article shall be published in an official publication of
the
Agency.

Special procedures

established to address
shall be
4.
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 for taking decisions

The Management Board shall

establish transparent
1.
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 individual concern;

(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.

Article 45

Inspections of Member States

1. Without prejudice to the enforcement powers conferred
by the Treaty to the Commission, the Agency shall assist the
Commission in monitoring the application of this Regulation
and its implementing rules, by conducting standardisation
inspections of Member States
as
specified in Article 16(1).

authorities

competent

2.
The officials of the Agency authorised for the purpose of
these inspections shall exercise their powers upon production
of an authorisation 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 concerned of
the
identity of the authorised officials.

the inspection and of

The Member State concerned shall

3.
inspections
concerned also submit to inspections.

ensure

shall

that

and

submit
or

bodies

to such
persons

4. When an inspection under the terms of
this Article
entails an inspection of an undertaking or an association of
undertakings the provisions of Article 46 shall apply. Where an
undertaking opposes
the Member State
such inspection,
concerned shall afford the necessary assistance to officials auth-
orised 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 the inspection took place.

Article 46

Investigation of undertakings

1.
For the application of Article 15, the Agency may itself
conduct or allocate to national aviation authorities or qualified
Investi-
entities all necessary investigation of undertakings.
gations 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 authorised under 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 such records, data,

procedures and other material;

2.
The Management Board shall also establish procedures
specifying the conditions under which decisions are notified
while taking due account of the appeal procedure.

(c)

to ask for an oral explanation on site;

Special procedures

3.
established to address
shall be
immediate action to be taken by the Agency to react to a

(d) to enter relevant premises, lands or means of transport of

undertakings.

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The persons authorised for the purpose of these investi-
2.
gations shall exercise their powers upon production of an
authorisation in writing 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 be made, of the investigation and of the
identity of the authorised persons. Officials of the Member
State concerned shall, at the request of the Agency, assist the
authorised persons in carrying out their duties.

Article 47

Transparency and communication

The Agency

1.
No 1049/2001 when handling applications
documents held by it.

shall be

subject

to Regulation (EC)
to

for access

2.
The Agency may communicate on its own initiative in
the fields within its mission. It shall ensure in particular that, in
addition to the publication specified in Article 43(3), the public
and any interested party are rapidly given objective, reliable
and easily understandable information with regard to its work.

The management board shall

3.
arrangements for the application of paragraphs 1 and 2.

lay down the practical

Any natural or legal person shall be entitled to address
4.
himself/herself in writing to the Agency in any of the languages
referred to in Article 314 of the Treaty. He/she has the right to
receive an answer in the same language.

SECTION IV

FINANCIAL REQUIREMENTS

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 agreements referred 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.

The expenditure of the Agency shall

2.
administrative, infrastructure and operational expenses.

include the staff,

3.
revenues and expenditure of

The Executive Director shall draw up an estimate of the
the Agency for the following

financial year and shall forward it to the Management Board
together with an establishment plan.

4.

Revenue and expenditure shall be in balance.

the draft estimates,

The Management Board shall, by 31 March, at the latest,
5.
including the provisional estab-
adopt
lishment
preliminary work
programme, and forward them to the Commission and to
the States with which the Community has concluded the
agreements referred to in Article 55.

accompanied

plan

the

by

that draft budget,

the Commission shall
On the basis of
in the preliminary draft
establish the relevant estimates
general budget of
the European Union, which it shall put
before the Council pursuant to Article 272 of the Treaty. The
scope of the approved budget outlook of the Community for
the coming years has to be observed.

After receiving the draft budget, the States referred to in the
first subparagraph will establish their own preliminary draft
budget.

After

the adoption of

6.
the general budget by the
budgetary authority, the management board shall adopt the
Agency’s final budget and work programme, adjusting them
where necessary to the Community contribution.
shall
forward them without delay to the Commission and to the
budgetary authority.

It

Any modification to the budget,

including the estab-
follow the procedure referred to in

shall

7.
lishment plan,
paragraph 5.

Article 49

Implementation and control of the budget

The Executive Director shall implement the budget of the

1.
Agency.

Control of commitment and payment of all expenditure
2.
and control of the existence and recovery of all revenue of the
Agency shall be carried out by the Financial Controller of the
Commission.

By 31 March each year at

the Executive
3.
Director shall submit
the Management
Board and the Court of Auditors the detailed accounts of all
revenue and expenditure from the previous financial year.

to the Commission,

the latest,

The Court of Auditors
in
accordance with Article 248 of the Treaty. It shall publish a
report on the Agency’s activities every year.

shall examine those accounts

4.
The European Parliament, acting on a recommendation
from the Council, shall give a discharge to the Executive
Director of the Agency in respect of the implementation of
the budget.

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Article 50

Combating fraud

Article 53

Fees and charges regulation

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
European
Anti-fraud Office (OLAF) (1) shall apply without restriction.

investigations

conducted

the

by

shall

The Agency

2.
Interinstitutional
accede
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.

to the

The Commission,

1.
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.

acting

The fees and charges

regulation shall determine in
2.
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 to be paid.

3.

Fees and charges shall be levied for:

3.
The decisions concerning funding and the implementing
agreements and instruments resulting from them shall explicitly
stipulate that 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.

(a) the issuing and renewal of certificates, as well as the related

continuing oversight functions;

(b) the provision of services; they shall reflect the actual cost

of each individual provision;

Article 51

Evaluation

(c)

the processing of appeals.

1. Within three years from the date of the Agency having
taken up its responsibilities, and every five years thereafter, the
management board 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 Regu-
lation, the Agency and its working practices in establishing a
high level of civil aviation safety. The evaluation shall take into
account
the views of stakeholders, at both European and
national level.

The management board shall receive the findings of the
3.
evaluation and issue recommendations regarding changes to
this Regulation, the Agency and its working practices to the
Commission, which may forward them, together with its own
opinion as well as appropriate propositions, to the European
Parliament and to the Council. An action plan with a timetable
shall be included,
if appropriate. Both the findings and the
recommendations of the evaluation shall be made public.

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
the services
principle sufficient
delivered.

the full cost of

to cover

The contribution referred to in Article 48(1), may cover, for a
transitional period ending on 31 December of the fourth year
from the entry into force of this Regulation, the expenditure
relating to the initial
In
accordance with the procedure laid down in Article 54(3),
this period may be extended, if necessary, for no more than
one year.

running phase of

the Agency.

CHAPTER IV

FINAL PROVISIONS

Article 54

Committee

Article 52

Financial provisions

1.

The Commission shall be assisted by a committee.

the Agency’s Financial Regulation, which shall

The Management Board, having received the agreement of the
Commission and the opinion of the Court of Auditors, shall
adopt
in
particular specify the procedure to be used for drawing up
and implementing the Agency’s budget,
in accordance with
the Financial Regulation applicable to the
Article 142 of
general budget of the European Communities.

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply having regard to the
provisions of Article 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 of Article 8 thereof.

(1) OJ L 136, 31.5.1999, p. 1.
(2) OJ L 136, 31.5.1999, p. 15.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at one month.

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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 paragraph 1 of this Article.

The period provided for
1999/468/EC shall be set at three months.

in Article 6(b) of Decision

When a Commission’s decision is referred to the Council by a
Member State, the Council, acting by a qualified majority, may
take a different decision within a period of three months.

5.

The Committee shall adopt its Rules of Procedure.

Article 55

Participation of European third countries

The Agency shall be open to the participation of European
third countries which are Contracting Parties to the Chicago
Convention and which have entered into agreements with the
European Community whereby they have adopted and are
applying Community law in the field covered by this Regu-
lation and its implementing rules.

the

relevant

Under
agreements,
provisions
arrangements will be developed which shall, inter alia, specify
the nature and extent of, and the detailed rules for, the partici-
pation by these countries in the work of the Agency, including
provisions on financial contributions and staff.

these

of

Article 56

Commencement of the Agency’s operation

The Agency shall undertake

1.
certification tasks
incumbent upon it pursuant to Article 15 as from (*). Until
to implement
that date, Member States
applicable legislation and regulations.

continue

shall

the

During an additional transition period of five years from
2.
the date referred to in paragraph 1, Member States may
continue to issue certificates and approvals by way of dero-
gation from the provisions of Articles 5, 6, 9 and 15 under the
conditions specified by the Commission in the implementing
rules adopted for their application. When in that context
Member States issue certificates on the basis of certificates
issued 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, the exercise of the corresponding tasks by the
Agency may be subject to working procedures agreed upon
with the joint aviation authorities.

Article 57

Repeal

Directive 80/51/EEC and Annex II to Regulation (EEC)

1.
No 3922/91 shall be repealed as from (**).

2.
The provisions of Article 8 shall apply to products, parts
and appliances, organisations and persons that have been
certified in accordance with the provisions referred to in
paragraph 1 of this Article.

Article 58

Entry into force

into force on the 20th day
This Regulation shall enter
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
implementing rules.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at . . .

For the European Parliament

The President

For the Council

The President

(*) Twelve months after the entry into force of this Regulation.

(**) One year after the entry into force of this Regulation.

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ESSENTIAL REQUIREMENTS FOR AIRWORTHINESS REFERRED TO IN ARTICLE 5

ANNEX I

1.

Product integrity

Product integrity must be assured for all anticipated flight conditions for the operational
life of the aircraft.
Compliance with all requirements must be shown by assessment or analysis, supported, where necessary, by tests.

1.a. Structures and material

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 detrimental 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 the weights, centre of gravity range, oper-
ational 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 fabrication, processes and materials used in the construction of the aircraft must result in known and
reproducible structural properties. Any changes in performance related to the operational environment
must be accounted for.

1.a.4.

The effects of cyclic loading, environmental degradation, accidental and discrete source damage and other
reasonably probable failures must not reduce the structural integrity below an acceptable residual strength
level. All necessary instructions for ensuring continued airworthiness in this regard must be promulgated.

1.b. Propulsion

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 oper-
ational environment must be accounted for.

1.b.3.

The effects of cyclic loading, environmental and operational degradation and likely subsequent part failures
must not reduce the integrity of the propulsion system below acceptable levels. All necessary instructions
for ensuring continued airworthiness in this regard must be promulgated.

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 or
unreliable.

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1.c.2.

1.c.3.

including those systems, equipment and appliances required for type certification, or by
The aircraft,
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
certification, or by operating rules, whether functioning properly or improperly, must not reduce safety
and must not adversely affect the proper functioning of any other system, equipment or appliance. Systems,
equipment and appliances must be operable without needing exceptional skill or strength.

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 maintenance personnel, as appropriate, in a clear, consistent and unambiguous
manner. Systems, equipment and controls, including indications and annunciations 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 continued airworthiness must be established to ensure that the aircraft type certification
airworthiness standard is maintained throughout the 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 continued airworthiness.

1.d.3.

The instructions for continued 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 continued airworthiness must contain airworthiness limitations that set forth each
mandatory replacement time, inspection interval and related inspection procedure.

2. Airworthiness aspects of an aircraft or product operation

2.a. The following must be shown to have been addressed to ensure a satisfactory 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 established and limitations and
information necessary for safe operation, including environmental limitations and performance, must be
established.

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 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.

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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 excess 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.

2.b. The operating limitations and other information necessary for safe operation must be made available to the crew

members by means of manuals, handbooks, markings and placards, as appropriate.

2.c. Product operations must be protected from hazards resulting from adverse external and internal conditions,

including environmental conditions.

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.

2.c.2. Cabin compartments must provide passengers with suitable 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 operations, including means providing
situational awareness, and management of any expected situation and emergencies. The environment 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, manufacture or maintenance)

3.a. Organisation approvals must be issued when the following conditions are met.

3.a.1.

3.a.2.

3.a.3.

3.a.4.

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.

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.

The organisation must establish arrangements with other relevant organisations, as necessary, to ensure
continuing compliance with these essential requirements for airworthiness.

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.

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ANNEX II

AIRCRAFT REFERRED TO IN ARTICLE 4(2)

Aircraft to which Article 4(1) does not apply are aircraft for which a type-certificate 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 association 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 config-
uration not exceeding 35 knots calibrated 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 both as a floatplane and as a

land plane, it falls below both MTOM limits, as appropriate.

(f)

(cid:145)gliders(cid:146) 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 with an operating mass of less than 150 kg;

(h) any other aircraft with a total mass without pilot of less than 70 kg.

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

On 5 December 2000, the Commission submitted to the Council a proposal for a Regulation of the
European Parliament and of the Council on common rules in the field of civil aviation and establishing
a European Aviation Safety Agency (1). This proposal, which is based on Article 80(2) of the EC Treaty,
is subject to the codecision procedure laid down in Article 251 of the Treaty.

The Economic and Social Committee issued its opinion on 30 May 2001 (2).

The Committee of the Regions was consulted but decided not to issue an opinion.

The European Parliament delivered its opinion on 5 September 2001 (3).

On 19 December 2001, the Council adopted its Common Position in accordance with Article 251(2) of
the Treaty.

II. ANALYSIS OF THE COMMON POSITION

1. Back in the early 1990s, aircraft manufacturers and airlines engaged in the debate on air safety
testified to the importance of tough, European-level certification machinery in all sectors affecting
the safety of civil aviation; it had become clear that some of the tasks carried out at national level
could be performed more efficiently on a European scale.

The initial response was to think in terms of negotiating a pan-European convention, establishing an
air safety authority which would take the form of an international organisation.

However, in the course of discussion it emerged that this approach was likely to cause problems both
for the Member States and for the Community. The major stumbling blocks were the provisions
giving the authority power to adopt rules that would be binding on the parties, and the proposed
establishment of a court of justice. What was more, the lengthy ratification procedures involved were
not calculated to meet demands from the industry, which wanted European-level certification
machinery for aeronautical products to be put
it was
subsequently decided to move towards setting up a Community body: the EASA.

in place as soon as possible. Hence,

After careful consideration, the Council came to the conclusion, at its meeting on 26 June 2000, that
given the aims of a rapid decision and efficient, pan-European action, the best option would be to set
up a Community agency.

2. As requested by the Council, in 2000 the Commission duly submitted a proposal for a Regulation

setting up an agency.

The main aim is to establish and maintain a high uniform level of civil aviation safety in Europe by
setting up a European Agency which would be responsible for the certification of aeronautical
products, ensuring compliance with essential safety and airworthiness requirements on the basis
of common rules and procedures. The agency’s remit will also cover ensuring application of the
standards
facilitating free
movement and assisting Member States in fulfilling their obligations under the Chicago Convention
on the basis of a uniform interpretation. It could also help to promote Community views regarding
civil aviation safety standards and rules throughout the world by appropriate forms of cooperation
with third countries and international organisations.

laid down for aeronautical equipment

for environmental

reasons,

(1) OJ C 154 E, 29.5.2001, p. 1.
(2) OJ C 221, 7.8.2001, p. 38.
(3) OJ C . . . (not yet published in the Official Journal).

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3. These objectives are to be achieved by the following means:

(cid:151) essential safety requirements for airworthiness which the legislative authorities want enforced

throughout the Union are be laid down in the Regulation itself,

(cid:151) procedural rules to be followed by the Agency in its certification and oversight role will be

adopted by the Commission using a committee procedure,

(cid:151) the Agency will have the power to issue type-certificates guaranteeing that aircraft types and the
products, parts and appliances fitted thereon meet essential requirements, and to approve bodies
involved in these tasks. These certificates and approvals (cid:151) for which a charge will be made (cid:151)
will be valid in all the Member States. The Agency will also be able to carry out inspections in
the Member States and conduct investigations of undertakings,

(cid:151) national authorities will be able to issue airworthiness certificates for each individual aircraft

where the aircraft in question is shown to comply with the approved type.

4. When studying the Commission proposal, the Council made every effort to bear in mind the
Economic and Social Committee’s opinion and the amendments tabled by the European Parliament
at first reading. The Council took on board European Parliament amendments 1, 2, 5, 6, 7, 8, 9, 13,
14, 16, 20, 22, 23, 26, 27, 30, 31, 34, 35, 36 and 68(rev.), 39, 40, 46, 50, 51, 72(rev.), 52, 53, 56,
57, 58, 59 and 61, either in whole or in substance. However, not all Parliament’s amendments were
adopted. The original text has also been considerably reworked.

5. The Council’s main reasons are summarised below.

(cid:151) On essential airworthiness requirements, the Council thought it best not merely to refer to those
of the Chicago Convention (ICAO), but to lay down its own requirements for the purposes of the
Regulation. In drafting these requirements, the Council sought sufficient degree of detail to strike
a fair balance: it sought to achieve a regulatory framework that was clear, but at the same time
sufficiently general to allow the Agency to work efficiently.

(cid:151) On scope, the Council felt that the Regulation should apply to the whole process of design,
production, maintenance and operation of aeronautical products, parts and appliances as well as
to the personnel and organisations involved in these activities. In short, the purpose of the
Regulation is confined solely to the certification of aircraft and aeronautical products and the
approval of the bodies involved in the process. The possibility of extending the scope of the
Regulation to other civil aviation activities is a question which might arise in future.

(cid:151) The rules laid down by the Regulation basically cover aircraft manufactured in the Union, aircraft
registered in a Member State and aircraft which (cid:151) although registered in a third country (cid:151) are
used by a Community operator. The Regulation applies to aircraft registered in a third country
and operated by a non-Community operator, without prejudice to international conventions, in
particular the Chicago Convention.

(cid:151) At the same time, it is envisaged that some aircraft will be exempt from the rules, for example,
aircraft having a clear historical relevance, or which were built by amateurs, or for experimental
purposes, or whose initial design was for military purposes only, plus very small aircraft, gliders
and hang-gliders.

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(cid:151) The Agency’s staff will consist of a strictly limited number of officials assigned or seconded by
the Commission or Member States to carry out management duties, plus staff recruited as
necessary by the Agency to carry out its tasks. It will have a Management Board, composed
of one representative of each Member State and of the Commission, whose terms of reference are
set out in Article 24. Amongst other things, the Management Board will adopt guidelines and
procedures to be followed by the Executive Director as regards certification. The Executive
Director is also appointed by the Management Board and his functions and powers are listed
in Article 29.

(cid:151) It is planned to establish Boards of Appeal to hear appeals against decisions by the Agency, along
the lines of similar boards at the Office for Harmonization in the Internal Market (Trade marks
and designs) in Alicante (Article 31 et seq.). This is a sensitive point of Community law which
will need to be reviewed in the light of any future developments in the fundamental rules of
Community law.

(cid:151) As for the language regime, the Council agreed not to lay down a working language for the
Agency in the Regulation. However, under the heading (cid:145)Publication of documents(cid:146), it identified a
list of documents which must always be submitted in all the official languages of the Community
(Article 23). The Management Board has the power to add to the list where appropriate.

(cid:151) A specific provision will enable European non-member States to participate in the Agency in
order to make the certification machinery pan-European. The aim is to ensure a high uniform
level of civil aviation safety in Europe. It will, of course, be necessary to step up contacts with
these countries in order to reach agreement, in due course, on the conditions for associating
them with the Agency.

(cid:151) The Agency is to take up its certification duties 12 months after entry into force of

the
Regulation. In addition, in order to ensure a smooth transition, provision has been made for
an extra five-year period during which Member States will continue to issue (under conditions
specified by the Commission in the implementing rules) a number of certificates and approvals
which in principle would be the Agency’s responsibility. These will be recognised in all Member
States.