Common Position (EC) No 16/2007 of 15 October 2007 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 the adoption of 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, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC Text with EEA relevance
Date: 2007-10-15
Institutions: Council of the European Union
Subjects: European Aviation Safety Agency, air safety, air transport, civil aviation, harmonisation of standards, technical regulations, transport policy

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COMMON POSITION (EC) No 16/2007

adopted by the Council on 15 October 2007

with a view to the adoption of Regulation (EC) No …/2007 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, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and
Directive 2004/36/EC

(Text with EEA relevance)

(2007/C 277 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

establishing the European

Having regard to the proposal from the Commission,

Having regard to the Opinion of
Committee (1),

the Economic and Social

(5)

After consulting the Committee of the Regions,

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

Whereas:

(1)

(2)

(3)

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 with those
adopted to protect the environment. This should contri-
bute to facilitating the free movement of goods, persons
and organisations in the internal market.

In addition, third country aircraft operated into, within
or out of the territory where the Treaty applies should be
to appropriate oversight at Community level
subject
within the limits set by the Convention on International
Civil Aviation, signed in Chicago on 7 December 1944
(‘the Chicago Convention’), to which all Member States
are parties.

The Chicago Convention already provides for minimum
standards to ensure the safety of civil aviation and envir-
onmental protection relating thereto. Community essen-
tial requirements and rules adopted for their implementa-
tion should ensure that Member States fulfil the obliga-
tions created by the Chicago Convention, including those
vis-à-vis third countries.

(4)

The Community should lay down, in line with standards
and recommended practices set by the Chicago Conven-
tion, essential requirements applicable to aeronautical

(1) OJ C 185, 8.8.2006, p. 106.
(2) Opinion of the European Parliament of 14 March 2007 (not yet
published in the Official
Journal), Council Common Position of
15 October 2007 and Position of the European Parliament of … (not
yet published in the Official Journal).

products, parts and appliances, to persons and organisa-
tions involved in the operation of aircraft, and to persons
and products involved in the training and medical exami-
nation of pilots. The Commission should be empowered
to develop the necessary implementing rules.

the regulatory control of

It would not be appropriate to subject all aircraft to
common rules,
in particular aircraft that are of simple
design or operate mainly on a local basis, and those that
are home-built or particularly rare or only exist in a
small number; such aircraft should therefore remain
under
the Member States,
without any obligation under this Regulation on other
Member States to recognise such national arrangements.
However, proportionate measures should be taken to
increase generally the level of safety of recreational avia-
tion. Consideration should in particular be given to aero-
planes and helicopters with a low maximum take-off
mass and whose performance is increasing, which can
circulate all over the Community and which are produced
in an industrial manner. They therefore can be better
regulated at Community level to provide for the neces-
sary uniform level of safety and environmental protec-
tion.

(6)

(7)

The scope of Community action should be clearly
defined so that persons, organisations and products
subject to this Regulation and its implementing rules can
be identified without ambiguity. Such scope should be
clearly defined by referring to a list of aircraft which are
exempted from the application of this Regulation.

Aeronautical products, parts and appliances, operators
involved in commercial air transport, as well as pilots
and persons, products and organisations involved in their
training and medical examination, should be certified or
licensed once they have been found to comply with
essential requirements to be laid down by the Com-
munity in line with standards and recommended prac-
tices set by the Chicago Convention. The Commission
should be empowered to develop the necessary imple-
menting rules for establishing the conditions for the issue
of the certificate or the conditions for its replacement by
a declaration of capability, taking into account the risks
associated with the different types of operations, such as
certain types of aerial work and local flights with small
aircraft.

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For non-commercial operations,
the operational and
licensing rules should be tailored to the complexity of
the aircraft and a related definition should be set out.

uniformity and facilitate the functioning of the internal
market.

(8)

(9)

(10)

(11)

(12)

The privileges associated with the leisure pilot licence
should be limited by the training received to obtain the
related ratings,
in accordance with the implementing
rules.

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.

Enough flexibility should be provided for addressing
special circumstances such as urgent safety measures,
unforeseen or limited operational needs. Provision 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 Regulation and
its implementing rules, provided that they are strictly
limited in scope and subject to appropriate Community
control.

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 (hereinafter referred to
as ‘the Agency’) which is independent in relation to tech-
nical matters and has legal, administrative and financial
autonomy. To that end, it is necessary and appropriate
that it should be a Community body having legal person-
ality and exercising the implementing powers which are
conferred on it by this Regulation.

(13) Under the Community institutional system, implementa-
tion of Community law is primarily the responsibility of
the Member States. Certification tasks required by this
Regulation and its implementing rules are therefore to be
executed at national level. In certain clearly-defined cases,
however,
the Agency should also be empowered to
conduct certification tasks as specified in this Regulation.
The Agency should, for the same reason, be allowed to
take the necessary measures related to the operation of
aircraft, the qualification of crew or the safety of third
country aircraft when this is the best means to ensure

(14)

(15)

The effective functioning of a Community civil aviation
safety scheme in the fields covered by this Regulation
requires strengthened cooperation between the Commis-
sion, the Member States and the Agency to detect unsafe
conditions and take remedial measures as appropriate.

The promotion of a ‘culture of safety’ and the proper
functioning of a regulatory system in the fields covered
by this Regulation require that incidents and occurrences
be spontaneously reported by the witnesses thereto. Such
reporting would be facilitated by the establishment of a
non-punitive environment, and appropriate measures
should be taken by Member States to provide for the
protection of such information and of those who report
it.

(16)

investigations should be acted
Results of air accident
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.

(17)

In order to respond to increasing concerns about the
is
health and welfare of passengers during flights,
necessary to develop aircraft designs which better protect
the safety and health of passengers.

it

(18)

(19)

this Regulation may be efficiently
The objectives of
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 appropriate Com-
munity control, to recognise the approvals granted to
foreign products, parts and appliances, organisations and
personnel by a third country.

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 Commis-
sion in the preparation of the necessary legislation and
assist the Member States and industry in its implementa-
tion. It should be able to issue certification specifications
and guidance material and to make technical findings
the
and issue certificates as required,
Commission in monitoring the application of this Regu-
lation and of its implementing rules, and it should be
given the necessary authority to carry out its tasks.

it should assist

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(20)

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
budget, verify its execution, adopt the appropriate finan-
cial rules, establish transparent working procedures for
decision making by the Agency and appoint the Execu-
tive Director. It is also appropriate that the 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 Com-
munity and its Member States in the field of international
relations, including the harmonisation of rules, recogni-
tion of approvals and technical cooperation, and be
entitled to establish the appropriate relations with the
aeronautical authorities of third countries and interna-
tional organisations competent in matters covered by this
Regulation.

(21)

In the interests of transparency, observers from interested
parties should be represented within the Management
Board of the Agency.

(22)

(23)

(24)

interest

requires

to base

the Agency

its
Public
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 decisions of the Agency should be made by
its Executive Director, who should enjoy 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 imple-
mented by national authorities, Member States should be
involved in the process of decision.

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
should be set up so that decisions of
the Executive
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.

In order to guarantee the full autonomy and indepen-
dence of the Agency,
it should be granted an autono-
mous budget whose revenue comes essentially from a
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 carried out by the
Court of Auditors.

(26)

(27)

(28)

(29)

(30)

Since the objectives of this Regulation, namely the estab-
lishment and uniform application of common rules in
the field of civil aviation safety and environmental protec-
tion, cannot be sufficiently achieved by the Member
States and can therefore, by reason of the Europe-wide
this Regulation, be better achieved at Com-
scope of
munity level, the Community may adopt measures,
in
accordance with the principle of subsidiarity, as set out in
Article 5 of the Treaty. In accordance with the principle
of proportionality, as set out in that Article, this Regu-
lation does not go beyond what is necessary in order to
achieve those objectives.

It has been recognised that the involvement of European
countries not Members of the European Union should be
pursued, so as to ensure a proper pan-European dimen-
sion in order to facilitate the improvement of civil avia-
tion 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
work in accordance with conditions to be agreed in the
framework of those agreements.

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 Autho-
rities,
to the Agency should be effected efficiently,
without any reduction in the current high levels of safety,
and without any negative impact on certification sche-
dules. Appropriate measures
should be adopted to
provide for the necessary transition.

This Regulation sets common rules in the field of civil
aviation and establishes a European Aviation Safety
Agency. Regulation (EC) No 1592/2002 of the European
Parliament and of
the Council of 15 July 2002 on
common rules in the field of civil aviation and estab-
lishing a European Aviation Safety Agency (1) should
therefore be repealed.

an

establishes

Regulation

appropriate

requirements

common technical

This
and
comprehensive framework for the definition and imple-
and
mentation of
administrative procedures in the field of civil aviation.
Annex III 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) and Council Directive 91/670/EEC of
16 December 1991 on mutual acceptance of personnel
licences for the exercise of functions in civil aviation (3)
should therefore be repealed in due course, without
prejudice to the certification or licensing of products,
persons and organisations already carried out in accord-
ance with those acts.

(25)

Before any local offices of the Agency are set up, general
rules should be established to clarify what requirements
need to be met and what contribution the Member State
concerned must provide.

(1) OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Commission

Regulation (EC) No 334/2007 (OJ L 88, 29.3.2007, p. 39).

(2) OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Regulation
(EC) No 1900/2006 of the European Parliament and of the Council
(OJ L 377, 27.12.2006, p. 176).

(3) OJ L 373, 31.12.1991, p. 21.

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(31)

This Regulation establishes an appropriate and compre-
hensive framework for the safety of third-country aircraft
using Community airports. Directive 2004/36/CE of the
the Council of 21 April
European Parliament and of
2004 on the safety of third-country aircraft using Com-
munity airports (1) should therefore be repealed in due
course and without prejudice to the implementing
measures on collection of information, ramp inspection
and exchange of information.

onmental protection and for the adoption of the imple-
menting rules for environmental protection.

(37) On grounds of urgency it

is necessary to apply the
urgency procedure provided for in Article 5a(6) of Deci-
sion 1999/468/EC for the Commission to decide on the
measures taken by Member States in immediate reaction
to a safety problem, as well as on derogating approvals
submitted by Member States,

(32)

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.

HAVE ADOPTED THIS REGULATION:

(33)

(34)

(35)

It
is necessary to establish appropriate measures to
ensure both the necessary protection of sensitive safety
data and to provide the public with adequate information
pertaining to the level of civil aviation safety and environ-
mental protection relating thereto, taking into account
Regulation (EC) No 1049/2001 of
the European
Parliament and of the Council of 30 May 2001 regarding
public access
to European Parliament, Council and
Commission documents (2) and relevant national legisla-
tion. Decisions taken by the Agency pursuant to Article 8
of that Regulation should be capable of giving rise to the
lodging of a complaint to the Ombudsman or should be
capable of being the subject of an action before the
the
Court of
Treaty respectively.

Justice, under Articles 195 and 230 of

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 (3).

In particular, power should be conferred on the Commis-
sion to adopt implementing rules for airworthiness, flight
crew licensing and associated approvals, air operations,
aircraft used by third country operators, oversight and
enforcement, as well as to adopt a regulation on the fees
and charges of the Agency. Since those measures are of
general scope and are designed to amend non-essential
elements of this Regulation, or to supplement it by the
addition of new non-essential elements, they must be
adopted in accordance with the regulatory procedure
of
scrutiny
with
Decision 1999/468/EC.

in Article

provided

for

5a

(36) On grounds of efficiency, the normal time-limits for the
regulatory procedure with scrutiny should be curtailed
for the adaptation of the essential requirements for envir-

(1) OJ L 143, 30.4.2004, p. 76. Directive as amended by Regulation (EC)

No 2111/2005 (OJ L 344, 27.12.2005, p. 15).

(2) OJ L 145, 31.5.2001, p. 43.
(3) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

CHAPTER I

Principles

Article 1

Scope

1.

(a)

This Regulation shall apply to:

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

(b) personnel and organisations involved in the operation of

aircraft.

2.
This Regulation shall not apply when products, parts,
appliances, personnel and organisations referred to in para-
graph 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.

Article 2

Objectives

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

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 certification
processes and to avoid duplication at national and European
level;

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(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;

(e)

to promote Community views regarding civil aviation safety
standards and rules throughout the world by establishing
appropriate cooperation with third countries and interna-
tional organisations;

(f)

to provide a level playing field for all actors in the internal
aviation market.

The means of achieving the objectives set out in para-

3.
graphs 1 and 2 shall be:

(a)

the preparation, adoption and uniform application of all
necessary acts;

(b) the recognition, without additional requirements, of certifi-
cates,
licences, approvals or other documents granted to
products, personnel and organisations in accordance with
this Regulation and its implementing rules;

with the applicable requirements including the provisions of
this Regulation and its implementing rules, as well as the
issuance of the relevant certificate attesting such compli-
ance;

(f)

‘qualified entity’ shall mean a body which may be allocated
a specific certification task by, and under the control and
the Agency or a national aviation
the responsibility of,
authority;

(g)

‘certificate’ shall mean any approval, licence or other docu-
ment issued as the result of certification;

(h) ‘operator’ shall mean any legal or natural person, operating

or proposing to operate one or more aircraft;

(i)

‘commercial operation’ shall mean any operation of an
aircraft, in return for remuneration or other valuable consid-
eration, which is available to the public or, when not made
available to the public, which is performed under a contract
between an operator and a customer, where the latter has
no control over the operator;

(j)

‘complex motor-powered aircraft’ shall mean:

(c)

the establishment of an independent European Aviation
Safety Agency (hereinafter referred to as ‘the Agency’);

(i)

an aeroplane:

(d) the uniform implementation of all necessary acts by the
national aviation authorities and the Agency within their
respective areas of responsibility.

Article 3

Definitions

— with

a maximum certificated

take-off mass

exceeding 5 700 kg or,

— with a maximum approved passenger

seating

configuration of more than nine or,

— certificated for operation with a minimum crew of

at least two pilots or,

— equipped with (a) turbojet engine(s) or more than

one turboprop engine; or

For the purposes of this Regulation:

(ii) a helicopter:

(a)

‘continuing oversight’ shall mean 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)

‘Chicago Convention’ shall mean the Convention on Interna-
tional Civil Aviation and its Annexes, signed in Chicago on
7 December 1944;

— with

a maximum certificated

take-off mass

exceeding 3 175 kg or,

— with a maximum approved passenger

seating

configuration of more than five or,

— certificated for operation with a minimum crew of

at least two pilots; or

(c)

‘product’ shall mean an aircraft, engine or propeller;

(iii) a tilt rotor aircraft;

(d)

‘parts and appliances’ shall mean any instrument, equip-
ment, mechanism, part, apparatus, appurtenance or acces-
sory, including communications equipment, that is used or
intended to be used in operating or controlling an aircraft
in flight and is installed in or attached to the aircraft. It shall
include parts of an airframe, engine or propeller;

(k)

‘flight simulation training device’ shall mean any type of
device in which flight conditions are simulated on the
ground;
training
devices, flight and navigation procedures trainers and basic
instrument training devices;

they include

simulators,

flight

flight

(e)

‘certification’ shall mean any form of recognition that a
product, part or appliance, organisation or person complies

(l)

‘rating’ shall mean a statement entered on a licence, setting
forth privileges, special conditions or limitations pertaining
thereto.

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CHAPTER II

Substantive requirements

Article 4

Basic principles and applicability

Aircraft, including any installed product, part and appli-

1.
ance, which are:

(a) designed or manufactured by an organisation for which the

Agency or a Member State ensures safety oversight; or

(b) registered in a Member State, unless their regulatory safety
oversight has been delegated to a third country and they are
not used by a Community operator; or

(c) registered in a third country and used by an operator for
which any Member State ensures oversight of operations or
used into, within or out of the Community by an operator
established or residing in the Community; or

(d) registered in a third country, or registered in a Member State
which has delegated their regulatory safety oversight to a
third country, and used by a third country operator into,
within or out of the Community

shall comply with this Regulation.

Personnel involved in the operations of aircraft referred to

2.
in paragraph 1(b), (c) or (d) shall comply with this Regulation.

Operations of aircraft referred to in paragraph 1(b), (c) or

3.
(d) shall comply with this Regulation.

Paragraph 1 shall not apply to aircraft referred to in

4.
Annex II.

5.
Paragraphs 2 and 3 shall not apply to aircraft referred to
in Annex II, with the exception of aircraft referred to in
points (a)(ii), (d) and (h) thereof when used for commercial air
transportation.

6.
This Regulation shall not affect the rights of third coun-
tries as specified in international conventions, in particular the
Chicago Convention.

2.
Compliance of aircraft referred to in Article 4(1)(b), and of
products, parts and appliances mounted thereon shall be estab-
lished in accordance with the following:

(a) Products shall have a type-certificate. The type-certificate,
and certification of changes to that type-certificate, including
type-certificates, shall be issued when the
supplemental
applicant has shown that
the product complies with a
type-certification basis as specified in Article 20, established
to ensure compliance with the essential
requirements
referred to in paragraph 1, and when it has no feature or
characteristic making it unsafe for operation. The type-certi-
ficate shall cover the product, including all parts and appli-
ances fitted thereon.

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

(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
is not
remain valid as
airworthiness
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 measures referred to in paragraph 5.

long as

shall

it

(d) Organisations responsible for the 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 issuance of an orga-
nisation approval. The privileges granted to the approved
organisation and the scope of the approval shall be specified
in the terms of approval.

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

Article 5

Airworthiness

In addition:

Aircraft referred to in Article 4(1)(a),

1.
(b) and (c) shall
comply with the essential requirements for airworthiness laid
down in Annex I.

(f) Personnel responsible for the release of a product, part or
appliance after maintenance may be required to hold an
appropriate certificate (‘personnel certificate’).

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(g) 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 (f) may be recognised by the issuance of an approval.

approval of changes to type-certificates,
individual certifi-
cates of airworthiness, restricted certificates of airworthiness,
permits to fly and certificates for products, parts or appli-
ances, including:

Aircraft referred to in Article 4(1)(a) and products, parts
comply with
thereon
appliances mounted

3.
and
paragraph 2(a), (b) and (e) of this Article.

shall

4.

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,
to
protect third parties' safety;

in particular

(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 specifications
and deviations from the essential requirements referred to in
paragraph 1 shall nevertheless ensure adequate safety with
regard to the purpose. Aircraft eligible for these restricted
certificates, and limitations for use of these aircraft, shall be
defined according to the measures referred to in paragraph 5;

(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 certi-
fication basis shall be established.

5.
The measures designed to amend non-essential elements
of this Article, by supplementing it, shall be adopted in accord-
ance with the regulatory procedure with scrutiny referred to in
Article 64(4). Those measures shall specify in particular:

(a) conditions for establishing and notifying to an applicant the

type-certification basis applicable to a product;

(b) conditions for establishing and notifying to an applicant the
detailed airworthiness specifications applicable to parts and
appliances;

(c) conditions for establishing and notifying to an applicant the
specific airworthiness specifications applicable to aircraft
eligible for a restricted certificate of airworthiness;

(i)

conditions on the duration of these certificates, and
conditions to renew certificates when a limited duration
is fixed;

(ii)

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

— purpose of the flight,

— airspace used for the flight,

— qualification of flight crew,

— carriage of persons other than flight crew;

(iii) aircraft eligible for restricted certificates of airworthi-

ness, and associated restrictions;

(iv) the minimum syllabus of maintenance certifying staff
type rating training to ensure compliance with para-
graph (2)(f);

(v)

the minimum syllabus of pilot
type rating and the
qualification of associated simulators to ensure compli-
ance with Article 7;

(vi) the master minimum equipment list as appropriate and
additional airworthiness specifications for a given type
of operation to ensure compliance with Article 8;

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

(g) conditions to issue, maintain, amend, suspend or revoke
personnel certificates required in accordance with para-
graph 2(f);

(h) responsibilities of the holders of certificates;

(d) conditions for issuing and disseminating mandatory infor-
mation in order to ensure the continuing airworthiness of
products;

(i) how aircraft referred to in paragraph 1 which are not
covered by paragraphs 2 or 4 are to show compliance with
the essential requirements;

(e) conditions for issuing, maintaining, amending, suspending
restricted type-certificates,

revoking type-certificates,

or

(j) how aircraft referred to in Article 4(1)(c) are to show

compliance with the essential requirements.

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6. When adopting the measures referred to in paragraph 5,
the Commission shall take specific care that they:

2.
Except when under training, a person may only act as a
pilot if he or she holds a licence and a medical certificate appro-
priate to the operation to be performed.

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

of airworthiness;

(b) take into account worldwide aircraft experience in service,

and scientific and technical progress;

(c) allow for immediate reaction to established causes of acci-

dents and serious incidents;

(d) do not impose on aircraft referred to in Article 4(1)(c)
requirements which would be incompatible with the Inter-
national Civil Aviation Organization (‘ICAO’) obligations of
Member States.

Article 6

Essential requirements for environmental protection

1.
Products, parts and appliances shall comply with the envir-
onmental protection requirements contained in Annex 16 to
the Chicago Convention as issued in March 2002 for Volume I
and November 1999 for Volume II, except for the Appendices
to Annex 16.

2.
The measures designed to amend non-essential elements
of the requirements referred to in paragraph 1 in order to bring
them into 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, shall,
in so far as such adaptations do not
broaden the scope of this Regulation, be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 64(5).

The measures designed to amend non-essential elements
3.
the requirements referred to in paragraph 1, by supple-
of
menting them, shall, using as necessary the content of
the
Appendices referred to in paragraph 1, be adopted in accord-
ance with the regulatory procedure with scrutiny referred to in
Article 64(5).

Article 7

Pilots

A person shall only be issued a licence when he or she complies
with the rules established to ensure compliance with the essen-
skill,
requirements on theoretical knowledge, practical
tial
language proficiency and experience as set out in Annex III.

A person shall only be issued a medical certificate when he or
she complies with the rules established to ensure compliance
with the essential requirements on medical fitness as set out in
Annex III. This medical certificate may be issued by aero
medical examiners or by aero medical centres.

Notwithstanding the third subparagraph, in the case of a leisure
pilot licence a general medical practitioner who has sufficient
detailed knowledge of the applicant's medical background may,
if so permitted under national law, act as an aero medical exam-
iner,
in accordance with detailed implementing rules adopted
pursuant to the procedure referred to in Article 64(3); these
implementing rules shall ensure that the level of safety is main-
tained.

The privileges granted to the pilot and the scope of the licence
and the medical certificate shall be specified in such licence and
certificate.

The requirements of the second and third subparagraphs may
be satisfied by the acceptance of licences and medical certificates
issued by or on behalf of a third country as far as pilots involved
in the operation of aircraft referred to in Article 4(1)(c) are
concerned.

3.
The capability of pilot training organisations and of aero
medical centres to discharge the responsibilities associated with
their privileges in relation to the issuance of
licenses and
medical certificates shall be recognised by the issuance of an
approval.

Pilot training organisations or aero medical centres shall be
issued an approval when they comply with the rules established
to ensure compliance with the relevant essential requirements as
laid down in Annex III.

The privileges granted by the approvals shall be specified
thereon.

1.
Pilots involved in the operation of aircraft referred to in
Article 4(1)(b) and (c), as well as flight simulation training
devices, persons and organisations involved in the training,
testing, checking or medical assessment of these pilots, shall
comply with the relevant ‘essential requirements’ laid down in
Annex III.

4.
A flight simulation training device used for the training of
pilots shall be the subject of a certificate. This certificate shall be
issued when it is shown that the device complies with the rules
established to ensure compliance with the relevant essential
requirements as laid down in Annex III.

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Persons responsible for providing flight training or flight
5.
simulation training, or
for assessing pilots' skill, and aero
medical examiners shall hold an appropriate certificate. Such
certificate shall be issued when it is shown that the person
concerned complies with the rules established to ensure compli-
ance with the relevant essential requirements as laid down in
Annex III.

The privileges granted by the certificate shall be specified
therein.

6.
The measures designed to amend non-essential elements
of this Article by supplementing it, shall be adopted in accord-
ance with the regulatory procedure with scrutiny referred to in
Article 64(4). Those measures shall specify in particular:

(a)

the different ratings for pilots' licences and the medical certi-
activities
the different
ficates
performed;

types of

adequate

for

(b) the conditions for issuing, maintaining, amending, limiting,
suspending or revoking licences, ratings for licences, medical
certificates, approvals and certificates referred to in para-
graphs 2, 3, 4 and 5, and the conditions under which such
certificates and approvals need not be requested;

(c)

the privileges and responsibilities of the holders of licences,
ratings for licences, medical certificates, approvals and certi-
ficates referred to in paragraphs 2, 3, 4 and 5;

(d) the conditions for the conversion of existing national pilots'
licences and of national flight engineers' licences into pilots'
licences as well as the conditions for the conversion of
into commonly recognised
national medical certificates
medical certificates;

(e) without prejudice to the provisions of bilateral agreements
concluded in accordance with Article 12, the conditions for
the acceptance of licences from third countries;

(f) how pilots of aircraft referred to in points (a)(ii), (d) and (f)
of Annex II, when used for commercial air transportation,
comply with the relevant essential requirements of Annex III.

7. When adopting the measures referred to in paragraph 6,
the Commission shall take specific care that they reflect the
state of
the art and the best practices in the field of pilot
training.

Such measures shall also include provisions for the issuance of
all types of pilot licences and ratings required under the Chicago
Convention, and of a leisure pilot licence covering non-commer-
cial activities involving aircraft with a maximum certificated take
off mass of 2 000 kg or less and which do not meet any of the
criteria referred to in Article 3(j).

Article 8

Air operations

1.
The operation of aircraft referred to in Article 4(1)(b) and
(c) shall comply with the essential requirements laid down in
Annex IV.

2.
Unless otherwise determined in the implementing rules,
operators engaged in commercial operations shall demonstrate
their capability and means of discharging the responsibilities
associated with their privileges. These capabilities and means
shall be recognised through the issuance of a certificate. The
privileges granted to the operator and the scope of the opera-
tions shall be specified in the certificate.

3.
Unless otherwise determined in the implementing rules,
operators engaged in the non-commercial operation of complex
motor-powered aircraft shall declare their capability and means
of discharging the responsibilities associated with the operation
of that aircraft.

4.
Cabin crew involved in the operation of aircraft referred
to in Article 4(1)(b) and (c) shall comply with the essential
requirements
laid down in Annex IV. Those involved in
commercial operations shall hold an attestation as initially set
out in Annex III, Subpart O, point (d) of OPS 1.1005 as set out
in Regulation (EC) No 1899/2006 of the European Parliament
and of the Council of 12 December 2006 amending Council
Regulation (EEC) No 3922/91on the harmonisation of technical
requirements and administrative procedures in the field of civil
aviation (1); at the discretion of the Member State, such attesta-
tion may be issued by approved operators or training organisa-
tions.

5.
The measures designed to amend non-essential elements
of this Article, by supplementing it, shall be adopted in accord-
ance with the regulatory procedure with scrutiny referred to in
Article 64(4). Those measures shall specify in particular:

(a) conditions to operate an aircraft in compliance with the

essential requirements laid down in Annex IV;

(b) conditions

for

issuing, maintaining, amending,

limiting,
suspending or revoking the certificates referred to in para-
graph 2 and the conditions under which a certificate shall
be replaced by a declaration of the capability and means of
the operator to discharge the responsibilities associated with
the operation of the aircraft;

(c) privileges and responsibilities of the holders of certificates;

(d) conditions and procedures for the declaration by, and for
the oversight of, operators referred to in paragraph 3 and
the conditions under which a declaration shall be replaced
by a demonstration of capability and means to discharge the
responsibilities associated with the privileges of the operator
recognised by the issuance of a certificate;

(1) OJ L 377, 27.12.2006, p. 1.

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(e) conditions under which operations shall be prohibited,
limited or subject to certain conditions in the interest of
safety;

means of complying with the requirements specified in para-
graph 1.

(f) how operations of aircraft referred to in points (a)(ii), (d)
and (h) of Annex II, when used for commercial air transpor-
tation, comply with the relevant essential requirements of
Annex IV.

The requirement referred to in the first subparagraph may be
satisfied by acceptance of certificates issued by or on behalf of a
third country.

6.

The measures referred to in paragraph 5 shall:

— reflect the state of the art and the best practices in the field

of air operations,

— define different types of operations and allow for related
requirements and compliance demonstrations proportionate
to the complexity of operations and the risk involved,

— take into account worldwide aircraft experience in service,

and scientific and technical progress,

— with regard to commercial transportation by aeroplane, and
without prejudice to the previous indent, be developed initi-
ally on the basis of the common technical requirements and
administrative procedures specified in Annex III to Regu-
lation (EEC) No 3922/91,

— be based on a risk assessment and shall be proportional to

the scale and scope of the operation,

— allow for immediate reaction to established causes of acci-

dents and serious incidents,

The capabilities and means referred to in the first subparagraph
shall be recognised through the issuance of an authorisation.
The privileges granted to the operator and the scope of the
operations shall be specified in that authorisation.

3.
Operators engaged in non-commercial operations of
complex motor-powered aircraft using aircraft referred to in
paragraph 1 may be required to declare their capability and
means of discharging the responsibilities associated with the
operation of that aircraft.

4.
The measures designed to amend non-essential elements
of this Article, by supplementing it, shall be adopted in accord-
ance with the regulatory procedure with scrutiny referred to in
Article 64(4). Those measures shall specify in particular:

(a) how aircraft referred to in Article 4(1)(d), or crew, which do
not hold a standard ICAO certificate of airworthiness or
licence, may be authorised to operate into, within or out of
the Community;

— not impose on aircraft referred to in Article 4(1)(c) require-
ments which would be incompatible with the ICAO obliga-
tions of Member States.

(b) conditions to operate an aircraft in compliance with the

provisions of paragraph 1;

Article 9

Aircraft used by a third country operator into, within or
out of the Community

(c) conditions

for

issuing, maintaining, amending,

limiting,
suspending or revoking the operator's authorisation referred
to in paragraph 2, taking into account the certificates issued
by the state of registry or the state of the operator, without
prejudice to Regulation (EC) No 2111/2005 of the European
Parliament and of the Council of 14 December 2005 on the
establishment of a Community list of air carriers subject to
an operating ban within the Community and on informing
air transport passengers of the identity of the operating air
carrier and its implementing rules;

1.
Aircraft referred to in Article 4(1)(d), as well as their crew
and their operations, shall comply with applicable ICAO Stan-
dards. To the extent that there are no such standards, these
aircraft and their operations shall comply with the requirements
laid down in Annexes I, III and IV, provided these requirements
are not in conflict with the rights of third countries under inter-
national conventions.

(d) privileges and responsibilities of the holders of authorisa-

tions;

(e) conditions and procedures for the declaration by, and for

the oversight of, operators referred to in paragraph 3;

2.
Operators engaged in commercial operations using aircraft
referred to in paragraph 1 shall demonstrate their capability and

(f) conditions under which operations shall be prohibited,
limited or subject to certain conditions in the interest of
safety in accordance with Article 22(1).

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5. When adopting the measures referred to in paragraph 4,
the Commission shall take specific care that:

(b) conditions

for conducting ramp inspections,

including

systematic ones;

(a) use is made, as appropriate, of ICAO recommended prac-

tices and guidance documents;

(b) no requirement exceeds what

is required from aircraft
referred to in Article 4(1)(b), and from the operators of such
aircraft;

(c) conditions for the grounding of aircraft that do not comply
its imple-

this Regulation or

with the requirements of
menting rules.

(c) use is made, where appropriate, of measures issued in

accordance with Articles 5(5) and 8(5);

Article 11

(d) the process by which authorisations are obtained is simple,
proportionate, cost-effective and efficient
in all cases,
allowing for requirements and compliance demonstrations
proportionate to the complexity of operations and the risk
involved. The process shall in particular take account of:

(i)

results of the ICAO Universal Safety Oversight Audit
Programme;

(ii)

information from ramp inspections and the Safety
Assessment of Foreign Aircraft Programme records; and

(iii) other recognised information on safety aspects with

regard to the operator concerned.

Article 10

Oversight and enforcement

1.
The Member States, the Commission and the Agency shall
cooperate with a view to ensuring that any product, person or
organisation subject to this Regulation complies with its provi-
sions and with its implementing rules.

2.
For the purposes of the implementation of paragraph 1,
Member States shall, in addition to their oversight of certificates
including ramp
that they have issued, conduct investigations,
inspections, and shall take any measure, including the grounding
of aircraft, to prevent the continuation of an infringement.

For the purposes of the implementation of paragraph 1,
investigations in accordance with

3.
the Agency shall conduct
Article 24(2) and Article 54.

In order to facilitate the taking of appropriate enforcement
4.
action by competent authorities,
the
Commission and the Agency shall exchange information on
identified infringements.

the Member States,

5.
The measures designed to amend non-essential elements
of this Article, by supplementing it, shall be adopted in accord-
ance with the regulatory procedure with scrutiny referred to in
Article 64(4). Those measures shall specify in particular:

(a) conditions for the collection, exchange and dissemination of

information;

Recognition of certificates

1. Member States shall, without
further technical require-
ments or evaluation, recognise certificates issued in accordance
with this Regulation. When the original recognition is for a par-
ticular purpose or purposes, any subsequent recognition shall
cover only the same purpose or purposes.

The Commission, on its own initiative or at the request of
2.
a Member State or of the Agency, may initiate the procedure
referred to in Article 64(7) to decide whether a certificate issued
in accordance with this Regulation effectively complies with this
Regulation and its implementing rules.

ineffective compliance,

In case of non-compliance or
the
Commission shall require the issuer of a certificate to take
appropriate corrective action and safeguard measures, such as
limitation or suspension of the certificate. Moreover, the provi-
sions of paragraph 1 shall cease to apply to the certificate from
the date of the notification of the Commission's decision to the
Member States.

3. When the Commission has sufficient evidence that appro-
priate corrective action has been taken by the issuer referred to
in paragraph 2 to address the case of non-compliance or ineffec-
tive compliance and that the safeguard measures are no longer
necessary,
it shall decide that the provisions of paragraph 1
apply again to this certificate. These provisions shall apply as
from the date of the notification of this decision to the Member
States.

the measures

Pending adoption of

referred to in
4.
Articles 5(5), 7(6)
to
Article 68(4), certificates which cannot be issued in accordance
with this Regulation may be issued on the basis of the applic-
able national regulations.

and without prejudice

and 9(4),

the measures

Pending adoption of

5.
referred to in
Article 8(5), and without prejudice to Article 68(4), certificates
which cannot be issued in accordance with this Regulation may
be issued on the basis of the applicable national regulations or,
where applicable, on the basis of the relevant requirements of
Regulation (EEC) No 3922/91.

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The provisions of this Article shall be without prejudice to

6.
Regulation (EC) No 2111/2005 and its implementing rules.

Article 14

Flexibility provisions

Article 12

Acceptance of third-country certification

1.
The provisions of this Regulation and of its implementing
rules shall not prevent a Member State from reacting immedi-
ately to a safety problem which involves a product, person or
organisation subject to the provisions of this Regulation.

1.
By way of derogation from the provisions of this Regu-
lation and its implementing rules, the Agency or the aviation
authorities in the Member State may issue certificates on the
basis of certificates issued by aeronautical authorities of a third
country, as provided for in recognition agreements between the
Community and that third country.

2. (a)

In the absence of an agreement concluded by the Com-
munity, a Member State or the Agency may issue certifi-
cates on the basis of certifications issued by the compe-
tent 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 to
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:

— the provisions 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

— such agreement would discriminate among Member
is
States without
contrary to Community foreign policy vis-à-vis a
third country,

compelling safety reasons or

it may, in accordance with the procedure laid down in
Article 64(2), require the Member State concerned to
modify the agreement, to suspend its application or to
renounce it,
the
Treaty.

in accordance with Article 307 of

(c) Member States shall

take the necessary measures to
renounce agreements as soon as possible after the entry
into force of an agreement between the Community and
the third country in question, for those domains covered
by that latter agreement.

Article 13

Qualified entities

When allocating a specific certification task to a qualified entity,
the Agency or the national aviation authority concerned shall
ensure that such entity comply with the criteria laid down in
Annex V.

The Member State shall
Commission and the other Member States of
taken and the reasons therefor.

immediately notify the Agency, the
the measures

2. (a) The Agency shall assess whether the safety problem can
in
be addressed within the powers conferred on it
accordance with Article 18(d). In this case it shall, within
one month of being notified pursuant to paragraph 1,
take the appropriate decision.

(b) If the Agency concludes that the safety problem cannot
be addressed in accordance with point (a), it shall, within
the period referred to in that point, issue a recommenda-
tion in accordance with Article 18(b) as to whether this
Regulation or its implementing rules should be amended
and whether the notified measures should be withdrawn
or maintained.

3.
The measures designed to amend non-essential elements
of this Regulation, inter alia by supplementing it, and relating to
whether an inadequate level of safety or a shortcoming in this
Regulation or
its implementing rules justify initiating their
amendment and whether the measures adopted pursuant to
paragraph 1 may be continued, shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 64(6). In such a case the measures shall be implemented
as appropriate by all Member States and the provisions of
Article 11 shall apply to such measures. If the measures are
found not to be justified, they shall be revoked by the Member
State concerned.

4. Member States may grant exemptions from the substantive
requirements laid down in this Regulation and its implementing
rules in the event of unforeseen urgent operational circum-
stances or operational needs of a limited duration, provided the
level of safety is not adversely affected. 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.

5.
The Agency shall assess whether the exemptions notified
by a Member State are less restrictive than the applicable Com-
munity provisions and, within one month of being notified
thereof, shall
issue a recommendation in accordance with
Article 18(b) on whether these exemptions comply with the
general safety objectives of this Regulation or any other rule of
Community law.

If an exemption does not comply with the general safety objec-
tives of this Regulation or any other rule of Community law,
the Commission shall take a decision not to permit the exemp-
tion in accordance with the procedure
referred to in
Article 64(7). In such a case, the Member State concerned shall
revoke the exemption.

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6. Where an equivalent level of protection to that attained by
the application of the rules implementing this Regulation can be
achieved by other means, Member States may, without discrimi-
nation on grounds of nationality, grant an approval derogating
from those implementing rules.

In such cases, the Member State concerned shall notify the
Agency and the Commission that it intends to grant such an
approval, and shall give reasons demonstrating the need to dero-
gate from the rule concerned, as well as the conditions laid
down to ensure that an equivalent
level of protection is
achieved.

the Agency shall

7. Within two months of being notified in accordance with
paragraph 6,
issue a recommendation in
accordance with Article 18(b) on whether an approval proposed
in accordance with paragraph 6 fulfils the conditions laid down
in that paragraph.

regulatory procedure with scrutiny

The measures designed to amend non-essential elements of this
Regulation, by supplementing it, relating to whether a proposed
approval may be granted shall be adopted in accordance with
the
to in
Article 64(6) within one month of receiving the Agency's
recommendation. In such a case, the Commission shall notify
its decision to all Member States, which shall also be entitled to
apply that measure. The provisions of Article 15 shall apply to
the measure in question.

referred

Article 15

Information network

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

2. Without prejudice to the public's right of access to the
Commission's documents as laid down in Regulation (EC)
No 1049/2001, the Commission shall adopt,
in accordance
with the procedure referred to in Article 64(3), measures for the
dissemination to interested parties on its own initiative of the
information referred to in paragraph 1 of this Article. These
measures, which may be generic or individual, shall be based on
the need:

4.
In order to inform the public of the general safety level, a
safety review shall be published annually by the Agency. From
the entry into force of the measures referred to in Article 10(5),
this safety review shall contain an analysis of all information
received pursuant to Article 10. This analysis shall be simple
and easy to understand and shall
indicate whether there are
increased safety risks. In this analysis, the sources of information
shall not be revealed.

Article 16

Protection of the source of information

1. Where the information referred to in Article 15(1)
is
provided by a natural person on a voluntary basis to the
Commission or the Agency, the source of such information
shall not be revealed. When the information has been provided
to a national authority, the source of such information shall be
protected in accordance with national legislation.

2. Without prejudice to applicable rules of criminal
law,
Member States shall refrain from instituting proceedings in
respect of unpremeditated or unintentional infringements of the
law which come to their attention only because they have been
reported pursuant to this Regulation and its implementing rules.

This rule shall not apply in cases of gross negligence.

3. Without prejudice to applicable rules of criminal law, and
in accordance with the procedures set out in national law and
practice, Member States
shall ensure that employees who
provide information in application of this Regulation and its
implementing rules are not subject to any prejudice on the part
of their employer.

This rule shall not apply in cases of gross negligence.

This Article shall apply without prejudice to national rules

4.
relating to access to information by judicial authorities.

CHAPTER III

The European Aviation Safety Agency

Section I

Task s

Article 17

(a)

to provide persons and organisations with the information
they need to improve aviation safety;

Establishment and functions of the Agency

(b) to limit the dissemination of information to what is strictly
in order to ensure

required for the purpose of its users,
appropriate confidentiality of that information.

The national aviation authorities shall, in accordance with
3.
their national
take necessary measures to ensure
appropriate confidentiality of the information received by them
pursuant to paragraph 1.

legislation,

For the purpose of the implementation of this Regulation,

1.
a European Aviation Safety Agency 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. Where these
comprise technical rules and in particular rules relating to
construction, design and operational aspects, the Commis-
sion may not change their content without prior coordina-
tion with the Agency. The Agency shall also provide the
Commission with the necessary technical, scientific and
administrative support to carry out its tasks;

(c)

take the necessary measures within the powers conferred on
it by this Regulation or other Community legislation;

(d) conduct inspections and investigations as necessary to fulfil

its tasks;

(e)

in its fields of competence, carry out, on behalf of Member
States, functions and tasks ascribed to them by applicable
the Chicago
international
Convention.

in particular

conventions,

Article 18

Agency measures

The Agency shall, where appropriate:

(a)

issue opinions addressed to the Commission;

(b) issue recommendations addressed to the Commission for

the application of Article 14;

(c)

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;

(d) take the appropriate decisions for the application of Arti-

cles 20, 21, 22, 23, 53 and 54;

(e)

the

issue
carried out pursuant to Articles 24(1) and 53.

following standardisation inspections

reports

Article 19

to be used in the certification process.

These documents shall reflect the state of the art and the best
practices in the fields concerned and be updated taking into
account world wide aircraft experience in service, and scientific
and technical progress.

Article 20

Airworthiness and environmental certification

1. With regard to the products, parts and appliances referred
to in Article 4(1)(a) and (b), the Agency shall, where applicable
and as 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 opera-
tion render any of the airworthiness code provisions inade-
quate or inappropriate to ensure conformity with essential
requirements;

(b) for each product

for which a restricted certificate of
airworthiness is requested, establish and notify the specific
airworthiness specifications;

(c)

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

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

Opinions, certification specifications and guidance material

(e) conduct,

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

the implementing rules,

The Agency shall, in accordance with Article 51 and the

2.
implementing rules adopted by the Commission, develop:

(a) certification specifications,

including airworthiness codes

and acceptable means of compliance; and

(b) guidance material;

itself or through national aviation authorities or
investigations associated with products,

qualified entities,
parts and appliances certification;

(f)

issue the appropriate type-certificates or associated changes;

(g)

issue certificates for parts and appliances;

(h) issue the appropriate environmental certificates;

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

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(j) ensure the continuing airworthiness functions associated
with the products, parts and appliances which are under its
oversight, including reacting without undue delay to a safety
problem and issuing and disseminating the applicable
mandatory information;

(k) for aircraft for which a permit to fly is to be issued, estab-
lish airworthiness standards and procedures to comply with
Article 5(4)(a);

(l)

issue permits to fly to aircraft for the purpose of certifica-
tion under the control of the Agency, in agreement with the
Member State in which the aircraft is registered or is to be
registered.

2. With regard to organisations, the Agency shall:

(a) conduct,

itself or through national aviation authorities or
qualified entities, inspections and audits of the organisations
it certifies;

(b) issue and renew the certificates of:

(i)

design organisations; or

(ii) production organisations located within the territory of
the Member States, if requested by the Member State
concerned; or

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

located

(c) amend, suspend or revoke the relevant organisation certifi-
cate when the conditions according to which it was issued
are no longer fulfilled, or if the organisation concerned fails
to fulfil the obligations imposed on it by this Regulation or
its implementing rules.

Article 21

Pilot certification

1. With regard to the personnel and organisations referred to
in Article 7(1), the Agency shall:

(a) conduct,

itself or through national aviation authorities or
qualified entities, investigations and audits of the organisa-
tions it certifies and, where relevant, their personnel;

(b) issue and renew the certificates of pilot training organisa-
tions and aero-medical centres located outside the territory
of the Member States and, where relevant, their personnel;

(c) amend,

limit, suspend or revoke the relevant certificate
when the conditions according to which it was issued by it
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 its implementing rules.

2. With regard to the flight simulation training devices
referred to in Article 7(1), the Agency shall:

(a) conduct,

itself or through national aviation authorities or
qualified entities, technical inspections of the devices it certi-
fies;

(b) issue and renew the certificates of:

(i)

(ii)

flight simulation training devices used by training orga-
nisations certified by the Agency; or

flight simulation training devices located within the
territory of
if requested by the
Member State concerned;

the Member States,

(iii) flight simulation training devices located outside the

territory of the Member States;

(c) amend,

limit, 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 its implementing rules.

Article 22

Air operation certification

1.
The Agency shall react without undue delay to a problem
affecting the safety of air operations by determining corrective
action and by disseminating related information,
including to
the Member States.

2. With regard to flight time limitation:

(a)

the Agency shall issue the applicable certification specifica-
tions to ensure compliance with essential requirements and,
as appropriate, the related implementing rules;

(b) a Member State may approve individual flight time specifica-
tion schemes which deviate from the certification specifica-
tions referred to in point (a). In this case the Member State
concerned shall without delay notify the individual scheme
to the Agency and inform the other Member States thereof;

(c) upon notification the Agency shall assess the individual
scheme on the basis of a scientific and medical evaluation.
When necessary, the Agency shall discuss this scheme with
the Member State concerned and, where appropriate, shall
propose changes thereto;

(d) should a Member State disagree with the Agency's conclu-
sions concerning an individual scheme, the Agency shall
refer the issue to the Commission for a decision, in accord-
ance with the procedure referred to in Article 64(3), as to
whether the individual scheme complies with the safety
objectives of this Regulation;

(e)

the contents of individual schemes which are acceptable to
the Agency, or on which the Commission has taken a posi-
tive decision in accordance with point
shall be
published.

(d),

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Article 23

Third country operators

Article 25

Research

1. With regard to operators of aircraft
referred to in
Article 4(1)(d) engaged in commercial operations, the Agency
shall:

1.
The Agency may develop and finance research in so far as
is strictly related to the improvement of activities in its field of
competence, without prejudice to Community law.

(a) conduct,

itself or through national aviation authorities or

qualified entities, investigations and audits;

(b) issue and renew the authorisations referred to in Article 9(2),
unless a Member State carries out the functions and tasks of
the state of operator in respect of these operators;

(c) amend, limit, suspend or revoke the relevant authorisation
when the conditions according to which it was issued by it
are no longer fulfilled, or if the organisation concerned fails
to fulfil the obligations imposed on it by this Regulation or
its implementing rules.

2. With regard to operators of aircraft
Article 4(1)(d) not engaged in commercial operations,
Agency shall:

referred to in
the

2.
The Agency shall coordinate its research and development
activities with those of the Commission and the 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 the Agency does not classify them as confi-
dential.

Article 26

International relations

(a) receive the declarations referred to in Article 9(3); and

(b) conduct,

itself or through national aviation authorities or
qualified entities, the oversight of operators from which it
has received a declaration.

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

rules

3. With regard to aircraft referred to in Article 4(1)(d), the
Agency
accordance with
authorisations
shall
Article 9(4)(a).

issue

in

Article 24

Monitoring the application of the rules

1.
The Agency shall conduct standardisation inspections in
the fields covered by Article 1(1), in order to monitor the appli-
cation by national competent authorities of this Regulation and
of its implementing rules, and shall report to the Commission.

The Agency shall conduct investigations of undertakings
2.
to monitor the application of this Regulation and its imple-
menting rules.

The Agency shall assess the impact of the implementation
3.
of this Regulation and its implementing rules, having regard to
the objectives set out in Article 2.

The Agency may cooperate with the aeronautical authori-
2.
ties of
third countries and the international organisations
competent in matters covered by this Regulation in the frame-
work of working arrangements concluded with those bodies, in
accordance with the relevant provisions of
the Treaty. Such
arrangements
shall have received the Commission's prior
approval.

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

Section II

Inter nal s tr ucture

Article 27

Legal status, location, local offices

The Agency shall be consulted on, and issue recommenda-

4.
tions to the Commission for, the application of Article 14.

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

1.
have legal personality.

5.
The working methods of the Agency for conducting the
tasks referred to in paragraphs 1, 3 and 4 shall be subject to
requirements to be adopted in accordance with the procedure
referred to in Article 64(2), taking into account the principles
laid down in Articles 51 and 52.

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

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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 31

Publication of documents

Article 28

Staff

The Staff Regulations of Officials of

1.
the European
Communities, the Conditions of Employment of Other Servants
of the European Communities and the rules adopted jointly by
the institutions of the European Communities for purposes of
the application of those Staff Regulations and Conditions of
Employment shall apply to the staff of the Agency, without
prejudice to the application of Article 38 of this Regulation to
the members of the Board of Appeal.

2. Without prejudice to Article 41, the powers conferred on
the appointing authority by the Staff Regulations and the Condi-
tions of Employment shall be exercised by the Agency in respect
of its own staff.

staff

The Agency's

3.
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.

Article 29

Privileges and immunities

The Protocol on the Privileges and Immunities of the European
Communities annexed to the Treaties establishing the European
Community and the European Atomic Energy Community shall
apply to the Agency.

Article 30

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
services or by its servants in the performance of their duties.

4
The Court of Justice of the European Communities shall
have jurisdiction in disputes relating to compensation for any
damage as referred to in paragraph 3.

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

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:

(a)

the safety review referred to in Article 15(4);

(b) opinions

addressed to the Commission pursuant

to

Article 19(1);

(c)

the annual general report and programme of work referred
to in Article 32(2)(b) and (c) respectively.

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

Article 32

Powers of the Management Board

1.

The Agency shall have a Management Board.

2.

The Management Board shall:

(a)

the Executive Director, and the Directors on a
appoint
proposal from the Executive Director, in accordance with
Article 38;

the Council,

the Commission,

(b) adopt the annual general report on the Agency's activities
and forward it by 15 June at the latest to the European
Parliament,
the Court of
Auditors and the Member States; acting on behalf of the
forward annually to the European
Agency,
shall
Parliament and the Council
referred to as
to the
‘budgetary authority’) any information relevant
outcome of the evaluation procedures, in particular, infor-
mation concerning the effects or consequences of changes
in the tasks assigned to the Agency;

(hereinafter

it

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
this programme of work shall be
the Member States;
adopted without prejudice to the annual Community
budgetary procedure
legislative
programme in relevant areas of aviation safety; the opinion
of the Commission shall be attached to the programme of
work;

and the Community

(d) adopt guidelines for the allocation of certification tasks to
national aviation authorities and qualified entities in agree-
ment with the Commission;

(e)

establish procedures for making decisions by the Executive
Director as referred to in Articles 51 and 52;

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carry out
pursuant to Articles 58, 59 and 62;

its functions relating to the Agency's budget

Chairperson shall ex officio replace the Chairperson in the event
of his/her being prevented from attending to his/her duties.

(f)

(g)

appoint the members of the Board of Appeal pursuant to
Article 40;

(h) exercise disciplinary authority over the Executive Director
and over the Directors in agreement with the Executive
Director;

(i)

give its opinion on the measures relating to fees and
charges as referred to in Article 63(1);

(j)

establish its Rules of Procedure;

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

(l)

complement, where appropriate,
referred to in Article 31(1);

the list of documents

(m) establish the organisational structure of the Agency and

adopt the Agency's staffing policy.

3.
The Management Board may advise the Executive Director
on any matter strictly related to the strategic development of
aviation safety, including research as defined in Article 25.

4.
The Management Board shall establish an advisory body
of interested parties, which it shall consult prior to making deci-
sions in the fields referred to 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.

5.
The Management Board may establish working bodies to
assist in carrying out its functions, including the preparation of
its decisions and monitoring the implementation thereof.

Article 33

Composition of the Management Board

1.
The Management Board shall be composed of one repre-
sentative of each Member State and one representative of the
Commission. To this effect each Member State and the Commis-
sion shall appoint a member of the Management Board as well
as an alternate to represent the member in his/her absence. The
duration of the terms of office shall be five years. The term of
office shall be renewable.

2. Where appropriate, the participation of representatives of
European third countries and the conditions of such participa-
tion shall be established in the arrangements referred to in
Article 65.

3.
The advisory body referred to in Article 32(4) shall
appoint four of its members to participate as observers in the
Management Board. They shall represent, as broadly as possible,
the different views represented in the advisory body. The dura-
tion of their term of office shall be thirty months, renewable
once.

Article 34

Chairmanship of the Management Board

1.
The Management Board shall elect a Chairperson and a
Deputy Chairperson from among its members. The Deputy

The terms of office of

the Chairperson and Deputy
2.
Chairperson shall expire when their membership of the Manage-
ment Board ceases. Subject to this, the duration of the terms of
office of the Chairperson and Deputy Chairperson shall be three
years. These terms of office shall be renewable once.

Article 35

Meetings

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

The Executive Director of the Agency shall take part in the

2.
deliberations.

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

least one third of

the request of at

The Management Board may invite any person whose
to attend its meetings as an

interest

4.
opinion might be of
observer.

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

The secretariat of the Management Board shall be provided

6.
by the Agency.

Article 36

Voting

1. Without prejudice to Article 38(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 deci-
sion referred to in Article 32(2)(k) shall be taken by unanimity.

2.
Each member shall have one vote. In the absence of a
member, his/her alternate shall be entitled to exercise his/her
right to vote. Neither observers nor the Executive Director of
the Agency shall vote.

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

Article 37

Functions and powers of the Executive Director

1.
The Agency shall be managed by its Executive Director,
who shall be completely independent in the performance of
his/her duties. Without prejudice to the 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.

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

The Executive Director shall have the following functions

3.
and powers:

(a)

the Agency as defined in
to approve the measures of
Article 18 within the limits specified by this Regulation, its
implementing rules and any applicable law;

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

in Articles 53 and 54;

(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 26;

(e)

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

(f)

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

(g) to exercise in respect of the Agency's staff the powers laid

down in Article 28(2);

(h) to draw up estimates of the revenues and expenditure of the
the

to Article 58, and to implement

Agency pursuant
budget pursuant to Article 59;

(i)

to delegate his/her powers to other members of the Agen-
cy's staff subject to rules to be adopted in accordance with
the procedure referred to in Article 64(2);

(j) with the consent of the Management Board, to take deci-
local offices in the

sions regarding the establishment of
Member States in accordance with Article 27(3);

(k) to prepare and to implement the annual programme of

work;

(l)

to respond to requests for assistance from the Commission.

Article 38

Appointment of senior officials

1.
The Executive Director shall be appointed on grounds of
merit and of documented competence and experience relevant
for civil aviation. The Executive Director shall be appointed or
dismissed by the Management Board on a proposal from the
Commission. The Management Board shall take its decision by a
three-quarters majority of its members. Before being appointed,
the candidate selected by the Management Board may be asked
to make a declaration before the competent committee or
committees of the European Parliament and answer questions
from its, or their, members.

The Directors of

3.
the Agency shall be appointed on
grounds of professional competence relevant for civil aviation.
The Directors shall be appointed or dismissed by the Manage-
ment Board on a proposal from the Executive Director.

The terms of office of

4.
the Executive Director and the
Directors shall be five years. The term of office of the Directors
the Executive
shall be renewable and the term of office of
Director shall be renewable only once.

Article 39

Powers of the Boards of Appeal

One or more Boards of Appeal shall be established within

1.
the Agency.

The Board or Boards of Appeal shall be responsible for
referred to in

2.
deciding on appeals against
Article 43.

the decisions

3.
The Board or Boards of Appeal shall be convened as
necessary. The number of boards of Appeal and the work allo-
cated to it or them shall be determined by the Commission
referred to in
acting in accordance with the procedure
Article 64(3).

Article 40

Composition of the Boards of Appeal

A Board of Appeal shall consist of a Chairperson and two

1.
other members.

The Chairperson and the other members shall have alter-

2.
nates to represent them in their absence.

The Chairperson, the other members and their alternates
3.
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 list referred to in paragraph 3.

5.
The qualifications required for the members of each Board
of Appeal, the powers of individual members in the preparatory
phase of decisions and the voting conditions shall be deter-
mined by the Commission acting in accordance with the proce-
dure referred to in Article 64(3).

Article 41

Members of the Board of Appeal

1.
The term of office of the members of a Board of Appeal,
including the Chairperson and any alternates, shall be five years.
This term shall be renewable.

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.

2.
The members of a Board of Appeal shall be independent.
In making their decisions they shall not be bound by any
instructions.

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3.
The members of a Board of Appeal may not perform any
other duties within the Agency. The members of a Board of
Appeal may work on a part-time basis.

Article 44

Persons entitled to appeal

4.
The members of a Board of Appeal may not be removed
from office or from the list of qualified candidates during their
term of office, unless there are serious grounds for such removal
the
and the Commission, after obtaining the opinion of
Management Board, takes a decision to that effect.

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

Article 42

Exclusion and objection

The members of a Board of Appeal may not take part in
1.
any appeal proceedings if
interest
therein, if they have previously been involved as representatives
of one of the parties to the proceedings, or if they participated
in the decision under appeal.

they have any personal

2.
If, for one of the reasons listed in paragraph 1 or for any
other reason, a member of a Board of Appeal considers that
he/she should not take part in any appeal proceeding, he/she
shall inform the Board of Appeal accordingly.

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

The Boards of Appeal shall decide as to the action to be
4.
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 43

Decisions subject to appeal

An appeal may be brought against decisions of
1.
Agency taken pursuant to Articles 20, 21, 22, 23, 54 or 63.

the

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

Article 45

Time limit and form

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.

Article 46

Interlocutory revision

1.
If the Executive Director considers the appeal to be admis-
sible 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.
If the decision is not rectified within one month after
receipt of the statement of grounds for the appeal, the Agency
shall forthwith decide whether or not to suspend the application
of the decision pursuant to the second sentence of Article 43(2),
and shall remit the appeal to the Board of Appeal.

Article 47

Examination of appeals

If

1.
examine whether it is well founded.

the appeal

is admissible, the Board of Appeal shall

2. When examining the appeal pursuant to paragraph 1, the
Board of Appeal shall act expeditiously.
It shall as often as
necessary invite the parties to the appeal proceedings to file,
within specified time limits, observations on notifications issued
by itself or on communications from other parties to the appeal
proceedings. Parties to the appeal proceedings shall be entitled
to make oral presentations.

Article 48

Decisions on appeal

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

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

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Article 49

Actions before the Court of Justice

3. Measures referred to in Article 18(a) and (c) and the proce-
dures established pursuant to paragraph 1 of this Article shall
be published in an official publication of the Agency.

1.
Actions may be brought before the Court of Justice of the
European Communities for the annulment of acts of the Agency
which are legally binding on third parties, for failure to act and
for damages caused by the Agency in the course of its activities.

Special procedures

4.
established to address
shall be
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.

2.
Actions for the annulment of decisions of the Agency
taken pursuant to Articles 20, 21, 22, 23, 54 or 63 may be
brought before the Court of Justice of the European Commu-
nities only after all appeal procedures within the Agency have
been exhausted.

The Agency shall take all necessary measures to comply
3.
with the judgment of the Court of Justice of the European
Communities.

Article 50

Direct appeal

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

Justice of

Section III

Working methods

Article 51

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

1.
As soon as possible after the entry into force of this Regu-
lation, the Management Board shall establish transparent proce-
dures
issuing opinions, certification specifications and
guidance material referred to in Article 18(a) and (c).

for

Those procedures shall:

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

rities of Member States;

(b) whenever necessary, involve appropriate experts from rele-

vant interested parties;

(c) ensure that the Agency publishes documents and consults
widely with 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 19, develops
opinions, certification specifications and guidance material to be
it shall establish a procedure for
applied by Member States,
consulting the Member States. To this effect,
it may create a
working group in which each Member State is entitled to desig-
nate an expert.

Article 52

Procedures for taking decisions

The Management Board shall establish transparent proce-
in
taking individual decisions as provided for

1.
dures
Article 18(d).

for

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 the decision to natural or legal

persons and for its publication;

(c) provide for the natural or legal person to whom the decision
is addressed, and any other parties to proceedings, to be
informed of
the legal remedies available to that person
under this Regulation;

(d) ensure that the decision contains reasons.

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

Special procedures

3.
established to address
shall be
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 53

Inspections of Member States

1. Without prejudice to the enforcement powers conferred
by the Treaty on 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' competent authorities as specified
in Article 24(1). The officials authorised under this Regulation,
and those seconded by the national authorities participating in
such inspections, are thus empowered, in compliance with the
legal provisions of the Member State concerned:

(a)

to examine the relevant records, data, procedures and any
other material relevant to the achievement of aviation safety
levels in accordance with this Regulation;

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(b) to take copies of or extracts from such records, data, proce-

dures and other material;

production of an authorisation in writing specifying the subject
matter and purpose of the investigation.

(c)

to ask for an oral explanation on the spot;

(d) to enter any relevant premises, land or means of transport.

The officials of the Agency authorised for the purpose of
2.
the inspections referred to in paragraph 1 shall exercise their
powers upon production of an authorisation in writing speci-
fying the subject matter, the purpose of the inspection and the
date on which it is to begin. In good time before the inspection,
inform the Member State concerned of the
the Agency shall
inspection and of the identity of the authorised officials.

3.
The Member State concerned shall submit to the inspec-
tions and shall ensure that bodies or persons concerned also
submit to them.

4. When an inspection carried out pursuant to this Article
entails an inspection of an undertaking or an association of
undertakings, the provisions of Article 54 shall apply. Where an
undertaking opposes
State
concerned shall afford the necessary assistance to officials
authorised by the Agency to enable them to carry out the
inspection.

the Member

inspection,

the

Reports drawn up in application of this Article shall be
the

5.
made available in the official
Member State where the inspection took place.

language or languages of

Article 54

Investigation of undertakings

1.
The Agency may itself conduct or assign to national avia-
tion authorities or qualified entities all necessary investigations
of undertakings in application of Articles 7, 20, 21, 22, 23
and 24(2). These investigations shall be carried out in compli-
ance 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;

3.
In good time before the investigation, the Agency shall
inform the Member State in whose territory the investigation is
to be carried out of the investigation and of the identity of the
authorised persons. Officials of the Member State concerned
those authorised
the request of
shall, at
persons to carry out their duties.

the Agency, assist

Article 55

Annual programme of work

The annual programme of work shall aim to promote the
continuous
improvement of European aviation safety and
comply with the objectives, mandates and tasks of the Agency,
as set out in this Regulation. It shall clearly indicate which of
the Agency have been added,
the mandates and tasks of
changed or deleted in comparison with the previous year.

The presentation of the annual programme of work shall be
based on the methodology used by the Commission as part of
Activity-Based Management.

Article 56

Annual general report

The annual general report shall describe the way in which the
Agency has implemented its annual programme of work. It shall
clearly indicate which of the mandates and tasks of the Agency
have been added, changed or deleted in comparison with the
previous year.

The report shall outline the activities carried out by the Agency
and evaluate the results thereof with respect to the objectives
and timetable set, the risks associated with those activities, the
use of resources and the general operations of the Agency.

Article 57

Transparency and communication

(b) to take copies of or extracts from such records, data, proce-

dures and other material;

Regulation (EC) No 1049/2001 shall apply to documents

1.
held by the Agency.

(c)

to ask for an oral explanation on site;

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

undertakings;

(e)

to conduct
Member States.

inspections of aircraft

in cooperation with

2.
The persons authorised for the purpose of the investiga-
tions referred to in paragraph 1 shall exercise their powers upon

The Agency may communicate on its own initiative in the
2.
fields within its mission. It shall ensure in particular that,
in
addition to the publication specified in Article 51(3), the public
and any interested party are rapidly given objective, reliable and
easily understandable information with regard to its work.

Any natural or legal person shall be entitled to address
3.
himself/herself in writing to the Agency in any of the languages
referred to in Article 314 of the Treaty. That person shall have
the right to receive an answer in the same language.

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The information gathered by the Agency in accordance
4.
with this Regulation shall be subject
to Regulation (EC)
No 45/2001 of the European Parliament and of the Council of
18 December 2000 on the protection of individuals with regard
to the processing of personal data by the Community institu-
tions and bodies and on the free movement of such data (1).

the general budget, which it shall place before the budgetary
authority in accordance with Article 272 of the Treaty.

8.
The budgetary authority shall authorise appropriations for
the subsidy to the Agency. The budgetary authority shall adopt
the establishment plan of the Agency.

Section IV

Financial requirements

Article 58

Budget

1.

The revenues of the Agency shall consist of:

(a) a contribution from the Community;

(b) a contribution from any European third country with which
the Community has concluded agreements as referred to in
Article 65;

(c)

the fees paid by applicants for, and holders of, certificates
and approvals issued by the Agency;

(d) charges for publications, training and any other services

provided by the Agency; and

(e) any voluntary financial contribution from Member States,
third countries or other entities, provided such a contribu-
tion does not compromise the independence and imparti-
ality of the Agency.

The expenditure of the Agency shall include staff, adminis-

2.
trative, infrastructure and operational expenses.

3.

Revenue and expenditure shall be in balance.

4.
Each year the Management Board, on the basis of a draft
shall
statement of estimates of
produce a statement of estimates of revenue and expenditure of
the Agency for the following financial year.

revenue and expenditure,

The statement of estimates referred to in paragraph 4,
5.
which shall include a draft establishment plan together with the
provisional work programme, shall by 31 March at the latest be
forwarded by the Management Board to the Commission and to
the states with which the Community has concluded agreements
as referred to in Article 65.

6.
The statement of estimates shall be forwarded by the
Commission to the budgetary authority together with the preli-
minary draft general budget of the European Union.

7.
On the basis of the statement of estimates, the Commis-
sion shall enter in the preliminary draft general budget of the
European Union the estimates it deems necessary for the estab-
lishment plan and the amount of the subsidy to be charged to

(1) OJ L 8, 12.1.2001, p. 1.

The budget shall be adopted by the Management Board. It
9.
shall become final
the general
following final adoption of
budget of the European Union. Where appropriate, it shall be
adjusted accordingly.

The Management Board shall, as soon as possible, notify
10.
the budgetary authority of
its intention to implement any
project which may have significant financial implications for the
in particular any projects relating to
funding of the budget,
property such as the rental or purchase of buildings. It shall
inform the Commission thereof.

the budgetary authority has notified its
Where a branch of
intention to deliver an opinion, it shall forward its opinion to
the Management Board within a period of six weeks from the
date of notification of the project.

Article 59

Implementation and control of the budget

The Executive Director shall implement the budget of the

1.
Agency.

2.
By 1 March at the latest following each financial year, the
Agency's accounting officer shall communicate the provisional
accounts to the Commission's accounting officer, together with
a report on the budgetary and financial management for that
financial year. The Commission's accounting officer shall conso-
lidate the provisional accounts of the institutions and decentra-
lised bodies in accordance with Article 128 of Council Regu-
lation (EC, Euratom) No 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of the
European Communities (2).

By 31 March at the latest following each financial year, the
3.
Commission's accounting officer shall
forward the Agency's
provisional accounts to the Court of Auditors, together with a
report on the budgetary and financial management for that
financial year. The report on the budgetary and financial
management for that financial year shall also be forwarded to
the European Parliament and the Council.

Pursuant

to Article 129 of Regulation (EC, Euratom)
4.
No 1605/2002, on receipt of the Court of Auditors' observa-
tions on the Agency's provisional accounts,
the Executive
Director shall draw up the Agency's final accounts under his
own responsibility and submit them to the Management Board
for an opinion.

(2) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation

(EC, Euratom) No 1995/2006 (OJ L L 390, 30.12.2006, p. 1).

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The Management Board shall deliver an opinion on the

5.
Agency's final accounts.

ment Board shall commission an independent external evalua-
tion on the implementation of this Regulation.

The Executive Director shall, by 1 July at

6.
the latest
following each financial year, forward the final accounts to the
European Parliament,
the Commission and the
Court of Auditors,
together with the Management Board's
opinion.

the Council,

7.

The final accounts shall be published.

The Executive Director shall send the Court of Auditors a
8.
reply to its observations by 30 September at the latest. He shall
also send this reply to the Management Board.

The Executive Director shall submit

to the European
9.
Parliament, at the latter's request, any information necessary for
the smooth application of the discharge procedure for the finan-
cial year in question, as provided for by Article 146(3) of Regu-
lation (EC, Euratom) No 1605/2002.

10.
The European Parliament, on a recommendation from
the Council acting by a qualified majority, shall, before 30 April
of year N + 2, give a discharge to the Executive Director in
respect of the implementation of the budget for year N.

Article 60

Combating fraud

In order to combat fraud, corruption and other unlawful
1.
activities, the provisions of Regulation (EC) No 1073/1999 of
the European Parliament and of the Council of 25 May 1999
concerning investigations conducted by the European Anti-fraud
Office (OLAF) (1) shall apply without restriction.

2.
The Agency shall accede to the Interinstitutional Agree-
ment of 25 May 1999 between the European Parliament, the
Council of the European Union and the Commission of the
investigations by
European Communities concerning internal
the European Anti-fraud Office (OLAF) (2) and shall
issue,
without delay, the appropriate provisions applicable to its staff.

Decisions concerning funding and the implementing
3.
agreements and instruments resulting therefrom shall explicitly
state that the Court of Auditors and OLAF may carry out, if
necessary, on-the-spot checks of the recipients of the Agency's
funding and the agents responsible for its allocation.

Article 61

Evaluation

1. Within three years from the date of the Agency having
taken up its duties, and every five years thereafter, the Manage-

2.
The evaluation shall examine how effectively the Agency is
fulfilling 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
stakeholders at both European and
national level.

the views of

the Agency and its working practices

The Management Board shall receive the findings of the
3.
evaluation and issue recommendations regarding changes to this
Regulation,
to the
Commission, which may forward them, together with its own
opinion as well as appropriate proposals,
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.

Article 62

Financial provisions

not

depart

from Commission

The financial rules applicable to the Agency shall be adopted by
the Management Board after consultation of the Commission.
They may
Regulation
(EC, Euratom) No 2343/2002 of 19 November 2002 on the
framework Financial Regulation for the bodies referred to in
Article 185 of Council Regulation (EC, Euratom) No 1605/2002
on the Financial Regulation applicable to the general budget of
the European Communities (3) unless such departure is specifi-
cally required for the Agency's operation and the Commission
has given its prior consent.

Article 63

Fees and charges regulation

1.
The measures designed to amend non-essential elements
of this Regulation, by supplementing it, relating to fees and
charges shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 64(4).

The Commission shall consult the Management Board on

2.
the draft of the measures referred to in paragraph 1.

3.
The measures referred to in paragraph 1 shall determine
in particular the matters for which fees and charges pursuant to
Article 58(1) are due, the amount of the fees and charges and
the way in which they are to be paid.

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

(3) OJ L 357, 31.12.2002, p. 72.

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4.

(a)

Fees and charges shall be levied for:

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;

(c)

the processing of appeals.

All fees and charges shall be expressed, and payable, in euro.

The amount of the fees and charges shall be fixed at such
5.
a level as to ensure that the revenue in respect thereof is in prin-
ciple sufficient to cover the full cost of the services delivered.
These fees and charges shall be assigned revenues for
the
Agency.

CHAPTER IV

FINAL PROVISIONS

Article 64

Committee

1.

The Commission shall be assisted by a committee.

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

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

4. Where reference is made to this paragraph, Article 5a(1)
to (4), and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

5. Where reference is made to this paragraph, Article 5a(1)
to (4) and (5)(b), and Article 7 of Decision 1999/468/EC shall
apply, having regard to the provisions of Article 8 thereof.

When a Commission 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.

Article 65

Participation of European third countries

The Agency shall be open to the participation of European third
countries which are contracting parties to the Chicago Conven-
tion and which have entered into agreements with the
European Community whereby they adopted and apply Com-
munity law in the field covered by this Regulation and its imple-
menting rules.

these agreements, arrange-
Under the relevant provisions of
ments will be developed which shall,
inter alia, specify the
nature and extent of, and the detailed rules for, the participation
by these countries in the work of the Agency, including provi-
sions on financial contributions and staff.

Article 66

Commencement of the Agency's operation

1.
The Agency shall undertake the certification tasks incum-
bent upon it pursuant to Article 20 as from 28 September 2003.
Until that date, Member States shall continue to implement
applicable legislation and regulations.

2.
During an additional transition period of 42 months from
the date referred to in paragraph 1, Member States may continue
to issue certificates and approvals by way of derogation from
the provisions of Articles 5, 6, 12 and 20 under the conditions
specified by the Commission in the measures adopted for their
application. When in that context Member States issue certifi-
cates on the basis of certificates issued by third countries, the
measures adopted by the Commission shall give due considera-
tion to the principles laid down in Article 12(2)(b) and (c).

Article 67

Penalties

The time-limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of
Decision 1999/468/EC shall be set at twenty days.

Member States shall lay down penalties for infringement of this
Regulation and its implementing rules. The penalties shall be
effective, proportionate and dissuasive.

6. Where reference is made to this paragraph, Article 5a(1),
(2), (4), (5)(b) and (6), and Article 7 of Decision 1999/468/EC
shall apply, having regard to the provisions of Article 8 thereof.

7. 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.

Article 68

Repeals

1.
Regulation (EC) No 1592/2002 is hereby repealed,
without prejudice to the provisions of the second subparagraph.

The period provided for in Article 6(b) of Decision 1999/468/EC
shall be set at three months.

References made to the repealed Regulation shall be construed
as being made to this Regulation and should be read in accord-
ance with the correlation table set out in Annex VI.

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Council Directive 91/670/EEC is hereby repealed as from

2.
the entry into force of the measures referred to in Article 7(6).

Regulation, and without prejudice to the implementing rules
referred to in Article 8(2) of that Directive.

Annex III

3.
deleted as from the entry into force of
measures referred to in Article 8(5).

to Regulation (EEC) No 3922/91 shall be
the corresponding

Article 69

Entry into force

4.
The provisions of Article 11 shall apply to products, parts
and appliances, organisations and persons whose certification
has been performed, or recognised,
in accordance with the
provisions of the acts referred to in paragraph 1, 2 and 3 of this
Article.

Directive 2004/36/EC is hereby repealed as from the entry
5.
into force of the measures referred to in Article 10(5) of this

This Regulation shall enter into force on the 20th day following
that of its publication in the Official
the European
Union.

Journal of

Articles 5, 6, 7, 8, 9 and 10 shall apply as from the dates speci-
later
fied in their
than … (*).

respective implementing rules, but not

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

…

(*) Four years from the date of entry into force of this Regulation.

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ANNEX I

Essential requirements for airworthiness referred to in Article 5

1.

1.a.

P roduc t int egrity : 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.

Structures and materials: the integrity of the structure must be ensured throughout, and sufficiently beyond, the
operational envelope for the aircraft, including its propulsion system, and maintained for the operational life of
the aircraft.

1.a.1.

integrity, must comply with the
All parts of the aircraft, the failure of which could reduce the structural
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, and sufficiently beyond, the weights, centre of
gravity range, operational envelope and life of the aircraft must be considered. This includes loads due to gusts,
manoeuvres, pressurisation, movable surfaces, control and propulsion systems both in flight and on the ground.

1.a.1.b. Consideration must be given to the loads and likely failures induced by emergency landings either on land or

water.

1.a.1.c. Dynamic effects must be covered in the structural response to these loads.

1.a.2.

The aircraft must be free from any aeroelastic instability and excessive vibration.

1.a.3.

1.a.4.

1.b.

1.b.1.

1.b.2.

1.b.3.

The manufacturing processes and materials used in the construction of the aircraft must result in known and
reproducible structural properties. Any changes in material performance related to the operational environment
must be accounted for.

The effects of cyclic loading, environmental degradation, accidental and discrete source damage 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.

Propulsion: the integrity of the propulsion system (i.e. engine and, where appropriate, propeller) must be demon-
strated throughout, and sufficiently beyond, the operational envelope of the propulsion system and must be
maintained for the operational life of the propulsion system.

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.

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 operational environ-
ment must be accounted for.

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 propul-
sion system and the aircraft must be promulgated.

1.c.

Systems and equipment

1.c.1.

The aircraft must not have design features or details that experience has shown to be hazardous.

1.c.2.

1.c.3.

The aircraft, including those systems, equipment and appliances required for type-certification, or by operating
rules, must function as intended under any foreseeable operating conditions, throughout, and sufficiently
beyond, the operational envelope of the aircraft, taking due account of the system, equipment or appliance oper-
ating 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.

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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 signs and announcements must be designed and located to minimise
errors which could contribute to the creation of hazards.

1.c.5.

Design precautions must be taken to minimise the hazards to the aircraft and occupants from reasonably prob-
able threats, both inside and external to the aircraft, including protecting against the possibility of a significant
failure in, or disruption of, any aircraft appliance.

1.d.

Continuing airworthiness

1.d.1.

Instructions for continuing airworthiness must be established to ensure that the aircraft type certification
airworthiness standard is maintained throughout the operational life of the aircraft.

1.d.2. Means must be provided to allow inspection, adjustment, lubrication, removal or replacement of parts and appli-

ances as necessary for continuing airworthiness.

1.d.3.

The instructions for continuing airworthiness must be in the form of a manual, or manuals, as appropriate for
the quantity of data to be provided. The manuals must cover maintenance and repair instructions, servicing
information, trouble-shooting and inspection procedures, in a format that provides for a practical arrangement.

1.d.4.

The instructions for continuing airworthiness must contain airworthiness limitations that set forth each manda-
tory replacement time, inspection interval and related inspection procedure.

2.

A ir wor thines s asp ec ts of prod uct o pe rat io n

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 other human-factor considerations and of the phase of
flight and its duration.

2.a.3.

It must be possible to make a smooth transition from one flight phase to another without requiring exceptional
piloting skill, alertness, strength or workload under any probable operating condition.

2.a.4.

The aircraft must have such stability as to ensure that the demands made on the pilot are not excessive taking
into account the phase of flight and its duration.

2.a.5.

Procedures for normal operations, failure and emergency conditions must be established.

2.a.6. Warnings, or other deterrents intended to prevent exceedance of the normal flight envelope, must be provided,

as appropriate to type.

2.a.7.

The characteristics of the aircraft and its systems must allow a safe return from extremes of the flight envelope
that may be encountered.

2.b.

2.c.

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

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., reasonably expected to occur during
product operation.

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2.c.2.

2.c.3.

3.

3.a.

3.a.1.

3.a.2.

3.a.3.

3.a.4.

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.

Crew compartments must be arranged in order to facilitate flight operations, including means providing situa-
tional 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.

O rga nis at ions (inc lu ding nat ural p e rso ns u nd er t ak ing d esig n, ma nuf ac ture or mainten an ce )

Organisation approvals must be issued when the following conditions are met:

the organisation must have all the means necessary for the scope of work. These means comprise, but are not
limited to,
tasks,
responsibilities and procedures, access to relevant data and record-keeping;

tools and material, documentation of

facilities, personnel, equipment,

the following:

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 conti-
nuing 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(4)

Article 4(1), (2) and (3) do not apply to aircraft falling in one or more of the categories set out below:

(a) historic aircraft meeting the criteria below:

(i) non complex aircraft whose:

— initial design was established before 1 January 1955, and

— production has been stopped before 1 January 1975

or

(ii) aircraft having a clear historical relevance, related to:

— a participation in a noteworthy historical event, or

— a major step in the development of aviation, or

— a major role played into the armed forces of a Member State;

(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 making association of amateurs, for their own

purposes and without any commercial objective;

(d) aircraft that have been in the service of military forces, unless the aircraft is of a type for which a design standard has

been adopted by the Agency;

(e) aeroplanes, helicopters and powered parachutes having no more than two seats, a maximum take-off mass (MTOM),

as recorded by the Member States, of no more than:

(i) 300 kg for a land plane/helicopter, single-seater; or

(ii) 450 kg for a land plane/helicopter, two-seater; or

(iii) 330 kg for an amphibian or floatplane/helicopter single-seater; or

(iv) 495 kg for an amphibian or floatplane/helicopter two-seater, provided that, where operating both as a

floatplane/helicopter and as a land plane/helicopter, it falls below both MTOM limits, as appropriate;

(v) 472,5 kg for a land plane, two-seater equipped with an airframe mounted total recovery parachute system;

(vi) 315 kg for a land plane single-seater equipped with an airframe mounted total recovery parachute system;

and, for aeroplanes, having the stall speed or the minimum steady flight speed in landing configuration not exceeding
35 knots calibrated air speed (CAS);

(f)

single and two-seater gyroplanes with a maximum take off mass not exceeding 560 kg;

(g) gliders with a maximum empty mass, of no more than 80 kg when single-seater or 100 kg when two-seater, including

those which are foot launched;

(h) replicas of aircraft meeting the criteria of (a) or (d) above, for which the structural design is similar to the original

aircraft;

(i) unmanned aircraft with an operating mass of no more than 150 kg;

(j) any other aircraft which has a maximum empty mass, including fuel, of no more than 70 kg.

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ANNEX III

Essential requirements for pilot licensing referred to in Article 7

1.

Tr aining

1.a.

General

1.a.1. A person undertaking training to fly an aircraft must be sufficiently mature educationally, physically and mentally

to acquire, retain and demonstrate the relevant theoretical knowledge and practical skill.

1.b.

Theoretical knowledge

1.b.1. A pilot must acquire and maintain a level of knowledge appropriate to the functions exercised on the aircraft and

proportionate to the risks associated to the type of activity. Such knowledge must include at least the following:

(i)

(ii)

air law;

aircraft general knowledge;

(iii)

technical matters related to the category of the aircraft;

(iv)

flight performance and planning;

(v)

human performance and limitations;

(vi) meteorology;

(vii) navigation;

(viii) operational procedures, including resource management;

(ix) principles of flight;

(x)

communications; and

(xi) non-technical skills, including the recognition and management of threats and errors.

1.c.

Demonstration and maintenance of theoretical knowledge

1.c.1.

The acquisition and retention of theoretical knowledge must be demonstrated by continuous assessment during
training, and where appropriate, by examinations.

1.c.2. An appropriate level of competence in theoretical knowledge must be maintained. Compliance must be demon-
strated by regular assessments, examinations, tests or checks. The frequency of examinations, tests or checks must
be proportionate to the level of risk associated with the activity.

1.d.

Practical skill

1.d.1. A pilot must acquire and maintain the practical skills as appropriate to exercise his/her functions on the aircraft.
Such skills must be proportionate to the risks associated to the type of activity and must cover, if appropriate to
the functions exercised on the aircraft, the following:

(i)

pre-flight and in-flight activities, including aircraft performance, mass and balance determination, aircraft
inspection and servicing, fuel planning, weather appreciation, route planning, airspace restrictions and
runway availability;

(ii)

aerodrome and traffic pattern operations;

(iii)

collision avoidance precautions and procedures;

(iv)

control of the aircraft by external visual reference;

(v)

flight manoeuvres,
achievable;

including in critical situations, and associated ‘upset’ manoeuvres, as technically

(vi) normal and cross-wind take-offs and landings;

(vii)

flight by reference solely to instruments, as appropriate to the type of activity;

(viii) operational procedures, including team skills and resource management, as appropriate to the type of opera-

tion, whether single or multi-crew;

(ix) navigation and implementation of rules of the air and related procedures, using as appropriate, visual refer-

ence or navigation aids;

(x)

abnormal and emergency operations, including simulated aircraft equipment malfunctions;

(xi)

compliance with air traffic services and communications procedures;

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(xii) aircraft type or class specific aspects;

(xiii) additional practical skill training that may be required to mitigate risks associated with specific activities; and

(xiv) non-technical skills, including the recognition and management of threats and errors, using an adequate

assessment methodology in conjunction with the technical skills assessment.

1.e.

Demonstration and maintenance of practical skill

1.e.1. A pilot must demonstrate the ability to perform the procedures and manoeuvres with a degree of competence

appropriate to the functions exercised on the aircraft, by:

(i) operating the aircraft within its limitations;

(ii) completing all manoeuvres with smoothness and accuracy;

(iii) exercising good judgement and airmanship;

(iv) applying aeronautical knowledge;

(v) maintaining control of the aircraft at all times in a manner such that the successful outcome of a procedure

or manoeuvre is assured; and

(vi) non-technical skills, including the recognition and management of threats and errors, using an adequate

assessment methodology in conjunction with the technical skills assessment.

1.e.2. An appropriate level of competence in practical skill must be maintained. Compliance must be demonstrated by
regular assessments, examinations, tests or checks. The frequency of examinations, tests or checks must be
proportionate to the level of risk associated with the activity.

1.f.

Language proficiency

A pilot must have demonstrated language proficiency to a degree appropriate to the functions exercised on the
aircraft. Such demonstrated proficiency shall include:

(i)

the ability to understand weather information documents;

(ii)

the use of aeronautical en-route, departure and approach charts and associated aeronautical
documents; and

information

(iii) the ability to communicate with other flight crew and air navigation services during all phases of flight,

including flight preparation.

1.g.

Flight simulation training devices

When a flight simulation training device (FSTD) is used for training, or for demonstration that practical skill is
acquired or maintained, this FSTD must be qualified to a given level of performance in those areas, which are rele-
vant to completing the related task. In particular, the replication of configuration, handling qualities, aircraft
performance, and systems behaviour must adequately represent the aircraft.

1.h.

Training course

1.h.1. Training must be executed through a training course.

1.h.2. A training course must meet the following conditions:

(i) a syllabus must be developed for each type of course; and

(ii) the training course must comprise a breakdown of theoretical knowledge and practical flight instruction

(including synthetic training), if applicable.

1.i.

Instructors

1.i.1.

Theoretical instruction

Theoretical instruction must be given by appropriately qualified instructors. They must:

(i) have appropriate knowledge in the field where instruction is to be given; and

(ii) be capable of using appropriate instructional techniques.

1.i.2.

Flight and flight simulation instruction

Flight and flight simulation instruction must be given by appropriately qualified instructors, who have the
following qualifications:

(i) meet the theoretical knowledge and the experience requirements appropriate for the instruction being given;

(ii) be capable of using appropriate instructional techniques;

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(iii) have practised instructional techniques in those flight manoeuvres and procedures in which it is intended to

provide flight instruction;

(iv) have demonstrated the ability to instruct in those areas in which flight instruction is to be given, including

pre-flight, post-flight and ground instruction; and

(v)

receive regular refresher training to ensure that the instructional standards are maintained up to date.

Flight instructors must also be entitled to act as pilot in command on the aircraft for which instruction is being
given, except for training on new aircraft types.

1.j.

Examiners

1.j.1.

Persons responsible for assessing the skill of pilots must:

(i) meet the requirements for flight or flight simulation instructors;

(ii) be capable of assessing pilot performance and conducting flight tests and checks.

2.

Expe r ienc e r equir eme nts

2.a.1. A person acting as flight crew member, instructor or examiner must acquire and maintain sufficient experience
for the functions being exercised, unless the implementing rules provide for competence to be demonstrated in
accordance with point 1.e.

3.

Tr a ining organis ations

3.a.

Training organisation requirements

3.a.1. A training organisation providing pilot training must meet the following requirements:

(i) have all the means necessary for the scope of responsibilities associated with their activity. These means
comprise, but are not limited to, the following: facilities, personnel, equipment, tools and material, documen-
tation of tasks, responsibilities and procedures, access to relevant data and record-keeping;

(ii)

implement and maintain a management system relating to safety and the standard of training, and aim for
continuous improvement of this system; and

(iii) establish arrangements with other relevant organisations, as necessary, to ensure continuing compliance with

the above requirements.

4.

M e dica l fit ne ss

4.a.

Medical criteria

4.a.1. All pilots must periodically demonstrate medical fitness to satisfactorily execute their functions, taking into
account the type of activity. Compliance must be shown by appropriate assessment based on aero-medical best
practice, taking into account the type of activity and the possible mental and physical degradation due to age.

Medical fitness, comprising physical and mental fitness, means not suffering from any disease or disability, which
makes the pilot unable:

(i)

to execute the tasks necessary to operate an aircraft; or

(ii)

to perform assigned duties at any time; or

(iii) to perceive correctly his/her environment.

4.a.2. Where medical fitness cannot be fully demonstrated, mitigation measures that provide equivalent flight safety

may be implemented.

4.b.

Aero-medical examiners

4.b.1. An aero-medical examiner must:

(i) be qualified and licensed in the practice of medicine;

(ii) have received training in aviation medicine and regular refresher training in aviation medicine to ensure that

assessment standards are maintained;

(iii) have acquired practical knowledge and experience of the conditions in which pilots carry out their duties.

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4.c.

Aero-medical centres

4.c.1. Aero-medical centres must meet the following conditions:

(i) have all the means necessary for the scope of responsibilities associated with their privileges. These means
comprise, but are not limited to, the following: facilities, personnel, equipment, tools and material, documen-
tation of tasks, responsibilities and procedures, access to relevant data and record-keeping;

(ii)

implement and maintain a management system relating to safety and the standard of medical assessment,
and aim for continuous improvement of this system;

(iii) establish arrangements with other relevant organisations, as necessary, to ensure continuing compliance with

these requirements.

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ANNEX IV

Essential requirements for air operations referred to in Article 8

1.

G ene r al

1.a.

1.b.

1.c.

1.d.

1.e.

A flight must not be performed if the crew members and, as appropriate, all other operations personnel involved
in its preparation and execution are not familiar with applicable laws, regulations and procedures, pertinent to the
performance of their duties, prescribed for the areas to be traversed, the aerodromes planned to be used and the
air navigation facilities relating thereto.

A flight must be performed in such a way that the operating procedures specified in the Flight Manual or, where
required the Operations Manual, for the preparation and execution of the flight are followed. To facilitate this, a
checklist system must be available for use, as applicable, by crew members in all phases of operation of the
aircraft under normal, abnormal and emergency conditions and situations. Procedures must be established for any
reasonably foreseeable emergency situation.

Before every flight, the roles and duties of each crew member must be defined. The pilot in command must be
responsible for the operation and safety of the aircraft and for the safety of all crew members, passengers and
cargo on board.

Articles or substances, which are capable of posing a significant risk to health, safety, property or the environ-
ment, such as dangerous goods, weapons and ammunition, must not be carried on any aircraft, unless specific
safety procedures and instructions are applied to mitigate the related risks.

All necessary data, documents, records and information to record the respect of the conditions specified in
point 5.c must be retained for each flight and kept available for a minimum period of time compatible with the
type of operation.

2.

Flight pre pa r ation

2.a.

A flight must not be commenced unless it has been ascertained by every reasonable means available that all the
following conditions are complied with:

2.a.1. Adequate facilities directly required for the flight and for the safe operation of the aircraft, including communica-
tion facilities and navigation aids, are available for the execution of the flight, taking into account available
Aeronautical Information Services documentation.

2.a.2.

The crew must be familiar with and passengers informed of the location and use of relevant emergency equip-
ment. Sufficient related information regarding emergency procedures and use of cabin safety equipment must be
made available to crew and passengers using specified information.

2.a.3.

The pilot in command must be satisfied that:

(i)

the aircraft is airworthy as specified in point 6;

(ii)

if required, the aircraft is duly registered and that appropriate certificates with respect thereto are aboard the
aircraft;

(iii) instruments and equipment as specified in point 5 required for the execution of that flight are installed in
the aircraft and are operative, unless waived by the applicable Minimum Equipment List (MEL) or equivalent
document;

(iv) the mass of the aircraft and centre of gravity location are such that the flight can be conducted within limits

prescribed in the airworthiness documentation;

(v) all cabin baggage, hold luggage and cargo is properly loaded and secured; and

(vi) the aircraft operating limitations as specified in point 4 will not be exceeded at any time during the flight.

2.a.4.

Information regarding meteorological conditions for departure, destination and, where applicable, alternate aero-
dromes, as well as en-route conditions, must be available to the flight crew. Special attention must be given to
potentially hazardous atmospheric conditions.

2.a.5.

In case of flight into known or expected icing conditions, the aircraft must be certified, equipped and/or treated
to operate safely in such conditions.

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2.a.6.

For a flight based on visual flight rules, meteorological conditions along the route to be flown must be such as to
render compliance with these flight rules possible. For a flight based on instrument flight rules a destination and
where applicable alternate aerodrome(s) where the aircraft can land must be selected, taking into account in par-
ticular the forecasted meteorological conditions, the availability of air navigation services, the availability of
ground facilities and the instrument flight procedures approved by the State in which the destination and/or alter-
nate aerodrome is located.

2.a.7.

The amount of fuel and oil on board must be sufficient to ensure that the intended flight can be completed
safely, taking into account the meteorological conditions, any element affecting the performance of the aircraft
and any delays that are expected in flight. In addition, a fuel reserve must be carried to provide for contingencies.
Procedures for in-flight fuel management must be established when relevant.

3.

Flight ope ra tions

3.a.

With regard to flight operations, all the following conditions must be complied with:

3.a.1. Where relevant for the type of aircraft, during take-off and landing, and whenever deemed necessary by the pilot
in command in the interest of safety, each crew member must be seated at their crew station and must use the
provided restraint systems, taking into account the type of aircraft.

3.a.2. Where relevant for the type of aircraft, all flight crew members required to be on flight deck duty must be and
remain at their station, with their seatbelts fastened except en-route for physiological or operational needs.

3.a.3. Where relevant for the type of aircraft and the type of operation, before take-off and landing, during taxiing and
whenever deemed necessary in the interest of safety, the pilot in command must ensure that each passenger is
properly seated and secured.

3.a.4. A flight must be performed in such a way that appropriate separation from other aircraft is maintained and that
adequate obstacle clearance is ensured, during all phases of the flight. Such separation must at least be those
required by the applicable rules of the air.

3.a.5. A flight must not be continued unless known conditions continue to be at least equivalent to those in point 2.
Furthermore, for a flight based on instrument flight rules, an approach toward an aerodrome must not be
continued below certain specified heights or beyond a certain position, if prescribed visibility criteria are not met.

3.a.6.

In an emergency, the pilot in command must ensure that all passengers are instructed in such emergency action
as may be appropriate to the circumstances.

3.a.7. A pilot in command must take all necessary measures so as to minimise the consequences on the flight of disrup-

tive passenger behaviour.

3.a.8. An aircraft must not be taxied on the movement area of an aerodrome, or its rotor must not be turned under

power, unless the person at the controls is appropriately competent.

3.a.9.

The applicable in-flight fuel management procedures must be used, when relevant.

4.

A irc ra f t pe rfo rma n ce a nd op erat i ng l im it at io ns

4.a.

An aircraft must be operated in accordance with its airworthiness documentation and all related operating proce-
dures and limitations as expressed in its approved flight manual or equivalent documentation, as the case may be.
The flight manual or equivalent documentation must be available to the crew and kept up to date for each
aircraft.

4.b.

The aircraft must be operated in accordance with the applicable environmental documentation.

4.c.

A flight must not be commenced or continued unless the aircraft's scheduled performance, considering all factors
which significantly affect its performance level, allows all phases of flight to be executed within the applicable
distances/areas and obstacle clearances at the planned operating mass. Performance factors which significantly
affect take-off, en-route and approach/landing are, particularly:

(i) operating procedures;

(ii) pressure altitude of the aerodrome;

(iii) temperature;

(iv) wind;

(v)

size, slope and condition of the take-off/landing area; and

(vi) the condition of the airframe, the power plant or the systems, taking into account possible deterioration.

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4.c.1.

Such factors must be taken into account directly as operational parameters or indirectly by means of allowances
or margins, which may be provided in the scheduling of performance data, as appropriate to the type of
operation.

5.

Inst r ument s, dat a and e qui pme nt

5.a.

An aircraft must be equipped with all navigation, communication and other equipment necessary for the intended
flight, taking account of air traffic regulations and rules of the air applicable during any phase of the flight.

5.b. When relevant, an aircraft must be equipped with all necessary safety, medical, evacuation and survival equip-
ment, taking account of the risks associated to the areas of operation, the routes to be flown, the flight altitude
and the duration of the flight.

5.c.

All data necessary for the execution of the flight by the crew must be updated and available on board the aircraft
taking account of applicable air traffic regulations, rules of the air, flight altitudes and areas of operation.

6.

Cont inu ing A ir wor thines s

6.a.

The aircraft must not be operated unless:

(i)

the aircraft is in an airworthy condition;

(ii)

the operational and emergency equipment necessary for the intended flight is serviceable;

(iii) the airworthiness document of the aircraft is valid; and

(iv) the maintenance of the aircraft is performed in accordance with its maintenance programme.

6.b.

6.c.

6.d.

6.e.

Before each flight or consistent series of consecutive flights, the aircraft must be inspected, through a pre-flight
check, to determine whether it is fit for the intended flight.

The maintenance programme must contain in particular, maintenance tasks and intervals, especially those that
have been specified as mandatory in the instructions for continuing airworthiness.

The aircraft must not be operated unless it is released to service by qualified persons or organisations, after main-
tenance. The signed release to service must contain in particular, the basic details of the maintenance carried out.

All records demonstrating the airworthiness of the aircraft must be kept until the information contained has been
superseded by new information equivalent in scope and detail but not less than 24 months in the case of detailed
maintenance records. When the aircraft is leased, all records demonstrating the airworthiness of the aircraft must
be kept at least for the length of the lease.

6.f.

All modifications and repairs must comply with the essential requirements for airworthiness. The substantiating
data supporting compliance with the airworthiness requirements must be retained.

7.

Cr e w me mb ers

7.a.

The number and composition of the crew must be determined taking into account:

(i)

the certification limitations of the aircraft, including if applicable, the relevant emergency evacuation demon-
stration;

(ii)

the aircraft configuration; and

(iii) the type and duration of operations.

7.b.

Cabin crew members must:

(i) be trained and checked on a regular basis to attain and maintain an adequate level of competency in order to

perform their assigned safety duties; and

(ii) be periodically assessed for medical fitness to safely exercise their assigned safety duties. Compliance must be

shown by appropriate assessment based on aero medical best practice.

The pilot in command must have the authority to give all commands and take any appropriate actions for the
purpose of securing the operation and the safety of the aircraft and of persons and/or property carried therein.

In an emergency situation, which endangers the operation or the safety of the aircraft and/or persons on board,
the pilot in command must take any action he/she considers necessary in the interest of safety. When such action
involves a violation of local regulations or procedures, the pilot in command must be responsible for notifying
the appropriate local authority without delay.

7.c.

7.d.

7.e.

Emergency abnormal situations must not be simulated when passengers or cargo are being carried.

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7.f.

No crew member must allow their task achievement/decision making to deteriorate to the extent that flight safety
is endangered because of the effects of fatigue, taking into account, inter alia, fatigue accumulation, sleep depriva-
tion, number of sectors flown, night duties or time zone changes. Rest periods must provide sufficient time to
enable crew members to overcome the effects of the previous duties and to be well rested by the start of the
following flight duty period.

7.g.

A crew member must not perform allocated duties on board an aircraft when under the influence of psychoactive
substances or alcohol or when unfit due to injury, fatigue, medication, sickness or other similar causes.

8.

8.a.

8.a.1.

A dditional r equir em ents for o pe rat i o n fo r co m merci al p u r p o ses and op erat io n o f c ompl ex
motor- powe re d air c ra f t

The operation for commercial purposes and the operation of complex motor-powered aircraft must not be under-
taken unless the following conditions are met:

the operator must have directly or indirectly through contracts the means necessary for the scale and scope of the
operations. These means comprise but are not limited to the following: aircraft, facilities, management structure,
personnel, equipment, documentation of tasks, responsibilities and procedures, access to relevant data and record
keeping.

8.a.2.

the operator must use only suitably qualified and trained personnel and implement and maintain training and
checking programmes for the crew members and other relevant personnel.

8.a.3.

the operator must establish a MEL or equivalent document, taking account of the following:

(i)

(ii)

the document must provide for the operation of the aircraft, under specified conditions, with particular
instruments, items of equipment or functions inoperative at the commencement of the flight;

the document must be prepared for each individual aircraft, taking account of the operator's relevant opera-
tional and maintenance conditions; and

(iii) the MEL must be based on the Master Minimum Equipment List (MMEL), if available, and must not be less

restrictive than the MMEL.

8.a.4.

the operator must implement and maintain a management system to ensure compliance with these essential
requirements for operations and aim for continuous improvement of this system; and

8.a.5.

the operator must establish and maintain an accident prevention and safety programme, including an occurrence
reporting programme, which must be used by the management system in order to contribute to the aim of
continuous improvement of the safety of operations.

8.b.

8.c.

8.d.

The operation for commercial purposes and the operation of complex motor-powered aircraft must only be
undertaken in accordance with an operator's Operations Manual. Such manual must contain all necessary instruc-
tions, information and procedures for all aircraft operated and for operations personnel to perform their duties.
Limitations applicable to flight time, flight duty periods and rest periods for crew members must be specified.
The Operations manual and its revisions must be compliant with the approved Flight manual and be amended as
necessary.

The operator must establish procedures, as appropriate, so as to minimise the consequences to safe flight opera-
tions of disruptive passenger behaviour.

The operator must develop and maintain security programmes adapted to the aircraft and the type of operation
including particularly:

(i)

security of the flight crew compartment;

(ii) aircraft search procedure checklist;

(iii) training programmes;

(iv) protection of electronic and computer systems to prevent intentional system interference and corruption; and

(v)

reporting acts of unlawful interference.

When security measures may adversely affect the safety of operations, the risks must be assessed and appropriate
procedures developed to mitigate safety risks, this may necessitate the use of specialist equipment.

8.e.

The operator must designate one pilot amongst the flight crew as the pilot in command.

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8.f.

The prevention of fatigue must be managed through a rostering system. For a flight, or series of flights, such a
rostering system needs to address flight time, flight duty periods, duty and adapted rest periods. Limitations estab-
lished within the rostering system must take into account all relevant factors contributing to fatigue such as, in
particular, number of sectors flown, time zone crossing, sleep deprivation, disruption of circadian cycles, night
hours, positioning, cumulative duty time for given periods of time, sharing of allocated tasks between crew
members, and also the provision of augmented crews.

8.g.

The tasks specified in point 6.a and those described in points 6.d and 6.e must be controlled by an organisation
responsible for the continuing airworthiness management that must meet, in addition to those requirements of
Annex I point 3.a, the following conditions:

(i)

the organisation must be qualified for the maintenance of products parts and appliances under its responsi-
bility or have established a contract with such a qualified organisation for these products, parts and appli-
ances; and

(ii) the organisation must establish an organisation manual providing,

for use and guidance of personnel
concerned, a description of all continuing airworthiness procedures of the organisation including when
applicable a description of administrative arrangements between the organisation and the approved mainte-
nance organisation.

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ANNEX V

Criteria for qualified entities referred to in Article 13

1. The entity, its Director and the staff responsible for carrying out the checks, may not become involved, either directly
or as authorised representatives, in the design, manufacture, marketing or maintenance of the products, parts, appli-
ances, constituents or systems or in their operations, service provision or use. This does not exclude the possibility of
an exchange of technical information between the involved organisations and the qualified entity.

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

3. The entity must employ staff and possess the means required to perform adequately the technical and administrative
tasks linked with the certification process; it should also have access to the equipment needed for exceptional checks.

4. The staff responsible for investigation must have:

— sound technical and vocational training,

— satisfactory knowledge of the requirements of the certification tasks they carry out and adequate experience of

such processes,

— the ability required to draw up the declarations, records and reports to demonstrate that the investigations have

been carried out.

5. The impartiality of the investigation staff must be guaranteed. Their remuneration must not depend on the number of

investigations carried out or on the results of such investigations.

6. The entity must take out liability insurance unless its liability is assumed by one Member State in accordance with its

national law.

7. The staff of the entity must observe professional secrecy with regard to all information acquired in carrying out their

tasks under this Regulation.

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ANNEX VI

Correlation table

Regulation (EC) No 1592/2002

This Regulation

Article 1

Article 2(1)

Article 1

Article 2(1)

Article 2(2)(a) to (e)

Article 2(2)(a) to (e)

—

Article 2(3)

Article 3(a) to (g)

—

Article 4(1)(a) to (c)

—

—

Article 4(2)

—

Article 4(3)

Article 5(1)

Article 2(2)(f)

Article 2(3)

Article 3(a) to (g)

Article 3(h) to (l)

Article 4(1)(a) to (c)

Article 4(1)(d)

Article 4(2) and (3)

Article 4(4)

Article 4(5)

Article 4(6)

Article 5(1)

Article 5(2), first subparagraph, introductory wording

Article 5(2), first subparagraph, introductory wording

Article 5(2), first subparagraph, points (a) to (c)

Article 5(2), first subparagraph, points (a) to (c)

Article 5(2), first subparagraph, point (d)

Article 5(2), first subparagraph, points (d) and (e)

Article 5(2), first subparagraph, points (e) and (f)

Article 5(2), first subparagraph, points (f) and (g)

—

Article 5(3)

Article 5(3)

Article 5(4)

Article 5(4), first subparagraph, introductory wording

Article 5(5), first subparagraph, introductory wording

Article 5(4), first subparagraph, points (a) to (d)

Article 5(5), first subparagraph, points (a) to (d)

Article 5(4), first subparagraph, point (e)(i) to (iii)

Article 5(5), first subparagraph, point(e)(i) to (iii)

—

Article 5(5), first subparagraph, point (e)(iv) to (vi)

Article 5(4), first subparagraph, points (f) to (i)

Article 5(5), first subparagraph, points (f) to (i)

—

Article 5(5), first subparagraph, point (j)

Article 5(5), first subparagraph, introductory wording

Article 5(6), first subparagraph, introductory wording

Article 5(5), first subparagraph, points (a), (b) and (c)

Article 5(6), first subparagraph, points (a), (b) and (c)

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Article 5(6), first subparagraph, point (d)

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This Regulation

Article 6

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—

—

—

Article 8(1)

—

Article 8(2)

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Article 9

—

Article 10(1)

—

Article 10(2)

Article 10(3)

Article 10(4)

Article 10(5)

Article 10(6)

Article 11

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Article 12

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11(1)

Article 11(2) to (4)

Article 11(5)

Article 11(6)

Article 12

Article 13

Article 14(1)

Article 14(2)

Article 14(3)

Article 14(4)

Article 14(5)

Article 14(6)

Article 14(7)

Article 15

Article 16

Article 17

Article 13, introductory wording

Article 18, introductory wording

Article 13(a)

—

Article 13(b)

Article 13(c)

—

Article 14

Article 18(a)

Article 18(b)

Article 18(c)

Article 18(d)

Article 18(e)

Article 19

Article 15(1), introductory wording

Article 20(1), introductory wording

Article 15(1)(a) to (j)

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Article 20(1)(a) to (j)

Article 20(1)(k) and (l)

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Article 15(2)

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—

—

Article 20(2)

Article 21

Article 22

Article 23

Article 16(1) and (2)

Article 24(1) and (2)

—

Article 16(3)

Article 16(4)

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24(1) to (4)

—

Article 25(1) and (2)

—

Article 26

Article 27

Article 28

Article 29(1) and (2)

Article 29(3)(a) to (j)

—

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Article 36

Article 37

Article 24(3)

Article 24(4)

Article 24(5)

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32(1) to (4)

Article 32(5)

Article 33(1) and (2)

Article 33(3)

Article 34

Article 35

Article 36

Article 37(1) and (2)

Article 37(3)(a) to (j)

Article 37(3)(k) and (l)

Article 38

Article 39

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

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Article 38

Article 39

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

Article 48

Article 49

Article 50

Article 51

Article 52

Article 53

Article 46(1), introductory wording

Article 54(1), introductory wording

Article 46(1)(a) to (d)

—

Article 46(2) and (3)

—

—

Article 54(1)(a) to (d)

Article 54(1)(e)

Article 54(2) and (3)

Article 55

Article 56

Article 47(1) and (2)

Article 57(1) and (2)

Article 47(3)

Article 47(4)

Article 47(5)

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—

Article 57(3)

—

Article 57(4)

Article 48(1), introductory wording

Article 58(1), introductory wording

Article 48(1)(a)

Article 48(1)(b) and (c)

—

Article 48(2) to (10)

Article 58(1)(a) and (b)

Article 58(1)(c) and (d)

Article 58(1)(e)

Article 58(2) to (10)

Article 49

Article 50

Article 51

Article 52

Article 53

Article 54

Article 55

Article 56

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Article 57

Article 59

Article 59

Article 60

Article 61

Article 62

Article 63

Article 64

Article 65

Article 66

Article 67

Article 68

Article 69

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STATEMENT OF THE COUNCIL'S REASONS

I.

INTRODUCTION

The Commission's proposal was presented to the TTE Council on 5 December 2005. It aims to bring
new responsibilities within the remit of the European Aviation Safety Agency (EASA), which was estab-
lished under Regulation (EC) No 1592/2002 (1). It is recalled that under Regulation (EC) No 1592/2002,
EASA had been given certification and rulemaking responsibilities with respect to airworthiness. In that
same Regulation, responsibilities for flight crew licensing, air operations and the oversight of third
country aircraft in the Community were mentioned as possible new tasks for the Agency. The Commis-
sion proposal intends to give these responsibilities to EASA.

The Commission drafted its proposal on the basis of the Opinion 3/2004 of EASA, which, under Regu-
lation (EC) No 1592/2002, is responsible for drafting essential requirements related to aviation safety. To
be noted that the Commission's proposal has been drafted as a ‘modifying Regulation’, whereas the
Council has drawn up its Common Position on the basis of a ‘consolidated version’.

II. ANALYSIS OF THE COMMON POSITION

The Council was able to agree on most of the main elements of the Commission proposal. On certain
important points, however, the Council decided to modify the text. In general this was done so as to
ensure that the new responsibilities and tasks contained in the new Regulation are discharged in a way
which provides for the highest level of safety oversight adapted to the range of different needs of those
subject to Regulation. In this context, the bodies took account of the impact study carried out by the
Commission (2).

During its discussions, which were often of a very technical nature, the following main modifications to
the Commission proposal were agreed upon:

Concerning essential requirements for licensing, operations and third country aircraft, changes have been
made to the operative part of the Regulation and in the recitals in order to assuage concerns from
Member States about the safety impact of the proposed essential requirements with regard in particular
to the proposed leisure pilot licence; the content of rules to be applied to non-commercial operations in
the Community by third country operators; and the circumstances under which general practitioners
may act as aero-medical examiners in accordance with national regulations.

Second, assessment bodies were to be granted privileges for the issuing of various Community-recog-
nised approvals, particularly in the area of licensing. After much discussion, this provision has been
deleted from the proposal, on the understanding that this deletion does not prevent those Member
States who so wish to grant these privileges to bodies based within their jurisdiction.

Third, the Council has reduced the number of new certification tasks accorded to the Agency in Arti-
cles 21 and 22, compared to the Commission's proposal. Whilst accepting that the nature of airworthi-
ness certification means that the benefits of EASA certification are obvious, there was no such agree-
ment on the desirability of giving new certification tasks in the field of operations and licensing to the
Agency. Therefore the new certification tasks are limited largely to the certification of third country
operators flying to and from the Community and to approvals of organisations based outside the terri-
tory of the Member States.

Fourth, the Agency's rulemaking tasks are extended to cover the new competences in the field of air
operations, licensing and third country aircraft covered by the Commission's proposal. With respect to
the scope of the rulemaking for third country operators, a new Article 9 has been inserted in order to
clarify the requirements that shall be imposed upon third country operators using Community airports.

(1) Regulation (EC) No 1592/2002 of the European 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 (OJ L 240, 7.9.2002, p. 1).

(2) Point 4 of the explanatory memorandum to the proposal.

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Fifth, the Commission proposed a number of changes to the governance arrangements for EASA,
notably the composition of the Management Board, where it was proposed to increase the weighting of
votes to be given to the Commission and to give to the Council the power to designate the Member
States' representatives. In addition, an Executive Board was proposed which was to act as a preparatory
group for the Management Board proper. The Council rejects these changes on the grounds that they
would interfere with the proper system of accountability in the Community agencies. However, the
Council has maintained the Commission's proposal to include interested parties as observers in the
Management Board and has provided for special Management Board working bodies to assist the Board
proper in carrying out its functions.

Lastly, the annexes to the proposal, which set out the essential requirements to be applied in the area of
air operations and licensing, have been refined and minor changes have been made to Annex III with
regard to practical skills requirements for pilots (to reflect the latest ICAO developments) and language
skills. However, the Council fully agrees with the broad outlines of the essential requirements, and the
technical proposal as contained in the Agency's Opinion has been fully respected.

With respect to the amendments proposed by the European Parliament, the Council was able to accept
the following amendments: 10, 14, 15, 19, 22, 23, 24 and 29.

However, the Council was unable to accept a number of other amendments A number of these (2, 3, 4,
6, 7, 8, 13, 16, and 25) were rejected either because although the Council does not disagree with the
principles behind them, they were not entirely clear or they conflicted with other parts of the common
position. In other cases they were already taken up elsewhere in the common position.

A second set of amendments (1, 5, 9, 11, 30 and the oral amendment) could not be accepted because
in the Council's view they seriously compromise the safety objectives of the Regulation. Amendments
12, 17, 18 and 26 could not be accepted since the Council harbours doubts as to their legality in their
current form. Lastly, a number of amendments relating to the budget and governance of the Agency
were not accepted. With regard to amendments 20 and 21, the Council is firmly of the opinion that it
is for Member States alone to nominate their respective members of the Agency's Management Board
and the Council does not foresee any role for Community institutions in this process. Amendments 27
and 28 would cause significant operational difficulties for the Agency by restricting its capacity to raise
the necessary revenue to fund its activities, and for this reason cannot be accepted.

III. CONCLUSION

The Council submits that the text of its Common Position is appropriate and balanced. The Council is
of the opinion that the common position reflects the aims behind a large number of the Parliament's
amendments.

The Council notes the extensive contacts which have already taken place with the Parliament and trusts
that these may soon bear fruit in the shape of early adoption of this legislation.