Commission Regulation (EC) No 104/2004 of 22 January 2004 laying down rules on the organisation and composition of the Board of Appeal of the European Aviation Safety Agency
Date: 2004-01-22
Institutions: European Commission
Subjects: EU office or agency, air safety, rules of procedure

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COMMISSION REGULATION (EC) No 104/2004

of 22 January 2004

laying down rules on the organisation and composition of the Board of Appeal of the European
Aviation Safety Agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee estab-
lished under Article 54(3) of Regulation (EC) No 1592/
2002,

Having regard to the Treaty establishing the European
Community,

Having regard to Regulation (EC) No 1592/2002 of the Euro-
pean Parliament and of
the Council of 15 July 2002 on
common rules in the field of civil aviation and establishing a
European Aviation Safety Agency (1), as last amended by
Commission Regulation (EC) No 1701/2003 (2), and in particu-
lar Article 31(3) and Article 32(5) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Regulation (EC) No 1592/2002 gives power to the Euro-
pean Aviation Safety Agency (the Agency) to take indivi-
dual decisions in the fields of airworthiness and environ-
mental
investigation of undertakings,
it also estab-
payment of applicable fees and charges;
lishes a Board of Appeal before which such individual
decisions of the Agency may be appealed against.

certification,

Articles 31 and 32 of Regulation (EC) No 1592/2002
empower
the Commission to adopt detailed rules
concerning the number of boards of appeal, the work
allocation, the qualifications required for the members of
each board and the powers of individual members in the
preparatory phase of the decisions as well as the voting
conditions.

It is expected that the number of appeals will be quite
limited at least as long as Regulation (EC) No 1592/
2002 is not amended to extend its scope to flight opera-
tions and crew licensing.

The Board will examine matters for which a high level
general technical experience in the domain of certifica-
tion is mainly required; it is nevertheless necessary that
the Board is chaired by a legally qualified member with
recognised experience in Community and international
law. This member should be the Chairperson.

To facilitate the handling and disposal of appeals, a
rapporteur should be designated for each case, who
should be responsible inter alia for preparing communi-
cations with the parties and for drafting decisions.

To ensure the smooth and efficient operating of the
Board of Appeal, a registry should be attached to it, the
personnel of which will be in charge of all support func-
tions involving no legal or technical discretion.

HAS ADOPTED THIS REGULATION:

Article 1

The number of boards

For the purpose of deciding on appeals from the decisions
referred to in Article 35 of Regulation (EC) No 1592/2002 a
Board of Appeal is established.

Article 2

Qualifications of the members

The Board of Appeal shall consist of two technically
1.
qualified members and one legally qualified member which
shall be the Chairperson of the Board.

2.
The technically qualified members and their alternates
shall hold a university degree or an equivalent qualification and
shall have substantial professional experience in the field of
certification, in one or more of the disciplines set out in the
Annex to this Regulation.

3.
The legally qualified member and his alternate shall be a
graduate in law and qualified by recognised experience in Com-
munity and international law.

Article 3

Powers of the Chairperson

1.
The Board of Appeal shall be convened by its Chair-
person. The Chairperson shall ensure the quality and consis-
tency of the Board's decisions.

The Chairperson shall assign the examination of an

2.
appeal to one of the Board's members as rapporteur.

Article 4

Role of the rapporteurs

(1) OJ L 240, 7.9.2002, p. 1.
(2) OJ L 243, 27.9.2003, p. 5.

The rapporteur shall carry out a preliminary study of the

1.
appeal.

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The rapporteur shall ensure a close consultation and
2.
exchange of information with the parties to the proceedings.
For that purpose, the rapporteur shall:

(a) prepare communications to the parties subject to the direc-

tion of the Chairperson of the Board;

(b) communicate any deficiencies to be remedied by a party to

the proceedings;

(c) set appropriate procedural time limits in accordance with

Article 39(2) of Regulation (EC) No 1592/2002; and

(d) sign all communications on behalf of the Board.

The rapporteur shall prepare internal meetings of the

3.
Board and the oral proceedings.

4.

The rapporteur shall draft the decision.

Article 5

Registry attached to the Board of Appeal

1.
The Executive Director shall attach a registry to the Board
of Appeal. Personnel in charge of the registry shall not partici-
pate in any Agency proceedings relating to decisions that can
be brought under appeal.

The personnel of

2.
responsible for:

the registry shall

in particular be

(a) the keeping of a register initialled by the Chairperson in
which all appeals and supporting documents are lodged in
chronological order;

(b) the receipt, transmission and custody of documents;

(c) the performance of other support functions to the Board of
Appeal which involve no legal or technical discretion, parti-
cularly with regard to representation, the submission of
translations and notifications;

(d) the submission to the Chairperson of the Board of a report
on the formal admissibility of each newly-filed appeal;

(e) where necessary, drawing up the minutes of oral

proceedings.

Article 6

Deliberations

Only members of the Board shall participate in the delib-
1.
erations; the Chairperson of the Board may, however, authorise
other officers such as personnel of the registry or interpreters
to attend. Deliberations shall be secret.

During the deliberations between members of the Board,
2.
the opinion of the rapporteur shall be heard first and the Chair-
person last.

Article 7

Voting conditions and order

1.
Decisions of the Board of Appeal shall be taken by a
majority of its members. In the event of a tie, the vote of the
Chairperson of the Board shall be decisive.

2.
If voting is necessary, votes shall be taken in the sequence
provided for in Article 6(2). Abstentions shall not be permitted.

Article 8

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 Union.

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

Done at Brussels, 22 January 2004.

For the Commission

Loyola DE PALACIO

Vice-President

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ANNEX

LIST OF DISCIPLINES

1. The following technical disciplines:

(i) flight/performance

(ii) structure

(iii) hydromechanical systems

(iv) rotor/transmission systems

(v) electrical/HIRF/lightning

(vi) avionics/software

(vii) powerplant installation/fuel systems

(viii) cabin safety/environmental systems

(ix) noise/emissions

(x) continued airworthiness/airworthiness directives as applied to the following products,

their parts and

appliances:
(a) large aeroplanes
(b) rotorcraft
(c) small aeroplanes
(d) balloons/airships/gliders/UAV's
(e) engines/APUs/propellers.

2. Approvals of and quality systems associated with:

(i) design organisations

(ii) production organisations

(iii) maintenance organisations.