Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 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: 2008-02-20
Institutions: Council of the European Union, European Parliament
Subjects: European Aviation Safety Agency, air safety, air traffic, aircraft, civil aviation, crew, environmental protection, operation of the Institutions, transport authorisation, transport licence

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

REGULATION (EC) No 216/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 February 2008

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)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the Opinion of
Committee (1),

the Economic and Social

After consulting the Committee of the Regions,

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

Whereas:

(1) A high and uniform level of protection of the European
citizen should at all times be ensured in civil aviation, by
the adoption of common safety rules and by measures
ensuring that products, persons and organisations in the
Community comply with such rules and with those
adopted to protect the environment. This should contribute
to facilitating the free movement of goods, persons and
organisations in the internal market.

(2)

In addition, third-country aircraft operated into, within or
out of the territory where the Treaty applies should be
subject to appropriate oversight at Community level within

(1) OJ C 185, 8.8.2006, p. 106.
(2) Opinion of the European Parliament of 14 March 2007 (OJ C 301 E,
13.12.2007, p. 103), Council Common Position of 15 October
2007 (OJ C 277 E, 20.11.2007, p. 8) and Position of the European
Parliament of 12 December 2007. Council Decision of 31 January
2008.

(3)

(4)

(5)

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
to ensure the safety of civil aviation and
standards
environmental protection relating thereto. Community
essential requirements and rules adopted for their imple-
mentation should ensure that Member States fulfil
the
obligations created by the Chicago Convention, including
those vis-à-vis third countries.

The Community should lay down, in line with standards
and recommended practices set by the Chicago Convention,
essential requirements applicable to aeronautical products,
parts and appliances, to persons and organisations involved
in the operation of aircraft, and to persons and products
involved in the training and medical examination of pilots.
The Commission should be empowered to develop the
necessary implementing rules.

to
It would not be appropriate to subject all aircraft
in particular aircraft that are of simple
common rules,
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
regulatory control of
the Member States, without any
obligation under this Regulation on other Member States to
recognise such national arrangements. However, propor-
tionate measures should be taken to increase generally the
level of safety of recreational aviation. Consideration should
in particular be given to aeroplanes and helicopters with a
low maximum take-off mass and whose performance is
increasing, which can circulate all over the Community and

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which are produced in an industrial manner. They therefore
can be better regulated at Community level to provide for
the necessary uniform level of safety and environmental
protection.

(6)

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.

(12) 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 technical
matters
and financial
legal,
autonomy. To that end,
it is necessary and appropriate
should be a Community body having legal
that
personality and exercising the implementing powers which
are conferred on it by this Regulation.

administrative

and has

it

(7) 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 Community
in line with standards and recommended practices set by
the Chicago Convention. The Commission should be
empowered to develop the necessary implementing 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.

(13) Under the Community institutional system, implementa-
tion of Community law is primarily the responsibility of the
Member States. Certification tasks required by this Regula-
tion 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 uniformity and
facilitate the functioning of the internal market.

(8)

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.

(9)

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

for

(14) Regulation (EC) No 2111/2005 (1) imposes a duty on the
Agency to communicate all
information that may be
relevant for the updating of the Community list of air
to an
carriers which,
operating ban in the Community. If the Agency refuses to
grant an authorisation to an air carrier under the terms of
this Regulation, it should pass on to the Commission all
relevant information on which this refusal was based, so
that the name of the air carrier may be entered, if necessary,
on that list.

safety reasons, are subject

(10)

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.

(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.

(11) 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.

(16) 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

(1) 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
the
Community and on informing air transport passengers of
identity of the operating air carrier (OJ L 344, 27.12.2005, p. 15).

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spontaneously reported by the witnesses thereto. Such
reporting would be facilitated by the establishment of a
non-punitive
and appropriate measures
should be taken by Member States to provide for the
protection of such information and of those who report it.

environment,

monitoring the application of this Regulation and of its
implementing rules, and it should be given the necessary
authority to carry out its tasks.

(17) Results of air accident investigations should be acted upon
as a matter of urgency, in particular when they relate to
defective aircraft design and/or operational matters,
in
order to ensure consumer confidence in air transport.

(18) To help achieve the safety objectives of this Regulation, the
Community should be given powers to impose financial
penalties on holders of certificates and approvals issued by
the Agency. In accordance with the Community legal order,
should be imposed by the
such financial penalties
Commission acting upon a recommendation of the Agency.
It should be underlined that through the introduction of
financial penalties the Commission will be able to give a
more nuanced, flexible and graduated response to a breach
of the rules, compared to the withdrawal of a certificate.

(19) Since all decisions taken by the Commission under this
Regulation are subject to review by the Court of Justice of
the European Communities in accordance with the Treaty,
the Court of Justice should, in accordance with Article 229
thereof, be given unlimited jurisdiction in respect of
decisions by which the Commission imposes fines or
periodic penalty payments.

(20)

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

(21) The objectives of

case,

the provisions of

this Regulation may be efficiently
achieved through cooperation with third countries. In such
a
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 never-
to appropriate Community
theless be allowed, subject
control,
to recognise the approvals granted to foreign
products, parts and appliances, organisations and personnel
by a third country.

(23) The Commission and the Member States

should be
represented 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 financial
rules, establish transparent working procedures for decision
making by the Agency and appoint the Executive 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 Community and its Member States in the
field of international relations, including the harmonisation
of rules, recognition of approvals and technical cooper-
ation, and be entitled to establish the appropriate relations
with the aeronautical authorities of third countries and
international organisations competent in matters covered
by this Regulation.

(24)

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

(25) Public interest requires the Agency to base its safety-related
action solely on independent expertise, strictly applying this
Regulation and the rules adopted by the Commission for its
implementation. To that end, all safety-related 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 implemented by national authorities,
Member States should be involved in the process of
decision.

(26)

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.

(22)

In order to properly assist the Community, the Agency
should be allowed to develop its expertise in all aspects of
civil aviation safety and environmental protection covered
by this Regulation. It should assist the Commission in the
the
preparation of
Member States and industry in its implementation.
It
should be able to issue certification specifications and
guidance material and to make technical findings and issue
certificates as required, it should assist the Commission in

the necessary legislation and assist

(27)

In order to guarantee the full autonomy and independence
of the Agency, it should be granted an autonomous budget
whose revenue comes essentially from a contribution from
the Community and from fees paid by the users of the
system. Any financial contribution received by the Agency
third countries or other entities
from Member States,
should not compromise its independence and impartiality.

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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.

(28) 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.

(29) Since the objectives of

this Regulation, namely the
establishment and uniform application of common rules
in the field of civil aviation safety and environmental
protection, cannot be sufficiently achieved by the Member
States and can therefore, by reason of the Europe-wide
scope of this Regulation, be better achieved at Community
level, the Community may adopt measures, in accordance
with the principle of subsidiarity, as set out in Article 5 of
the Treaty. In accordance with the principle of proportion-
ality, as set out in that Article, this Regulation does not go
to achieve those
beyond what
objectives.

is necessary in order

(30)

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 dimension
in order to facilitate the improvement of civil aviation safety
throughout Europe. European countries that have con-
cluded agreements with the Community to adopt and apply
in the field covered by this
the Community acquis
Regulation should be
associated with its work in
accordance with conditions to be agreed in the framework
of those agreements.

(31)

cooperation through the

It is a general objective that the transfer of functions and
tasks from the Member States, including those resulting
from their
Joint Aviation
Authorities, to the Agency should be effected efficiently,
without any reduction in the current high levels of safety,
and without any negative impact on certification schedules.
Appropriate measures should be adopted to provide for the
necessary transition.

(32) 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 establishing a European
Aviation Safety Agency (1) should therefore be repealed.

(33) This Regulation establishes an appropriate and compre-
hensive framework for the definition and implementation
of common technical requirements and administrative
to
procedures in the field of civil aviation. Annex III

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 accordance with those acts.

(34) This Regulation establishes an appropriate and compre-
hensive framework for the safety of third-country aircraft
using Community airports. Directive 2004/36/EC of the
European Parliament and of the Council of 21 April 2004
on the safety of third-country aircraft using Community
airports (4) should therefore be repealed in due course and
without prejudice to the implementing measures on
collection of information, ramp inspection and exchange
of information.

(35) 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.

(36)

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 environmental
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 docu-
ments (5) and relevant national legislation. 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 Court of Justice,
under Articles 195 and 230 of the Treaty respectively.

(37) 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
implementing powers
the exercise of
conferred on the Commission (6).

for

(38)

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

(2) OJ L 373, 31.12.1991, p. 4. Regulation as last amended by
Comission Regulation (EC) No 8/2008 (OJ L 10, 12.1.2008, p. 1).

(3) OJ L 373, 31.12.1991, p. 1.
(4) OJ L 143, 30.4.2004, p. 76. Directive as amended by Regulation (EC)

No 2111/2005.

(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).

(5) OJ L 145, 31.5.2001, p. 43.
(6) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/

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

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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, inter alia, by supplementing it
with new non-essential elements, they must be adopted in
accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision 1999/468/EC.

(39) 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 environ-
mental protection and for the adoption of the implement-
ing rules for environmental protection.

(40) On grounds of urgency it is necessary to apply the urgency
procedure provided for in Article 5a(6) of Decision 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,

(b)

to facilitate the free movement of goods, persons and
services;

(c)

(d)

to promote cost-efficiency in the regulatory and certifica-
tion processes and to avoid duplication at national and
European level;

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
the world by
establishing appropriate cooperation with third countries
and international organisations;

throughout

HAVE ADOPTED THIS REGULATION:

(f)

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

CHAPTER I

PRINCIPLES

Article 1

Scope

3. The means of achieving the objectives set out in paragraphs 1
and 2 shall be:

(a)

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

1. This Regulation shall apply to:

(b)

(a)

the design, production, maintenance and operation of
aeronautical 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.

2. Additional objectives are,
Regulation, as follows:

in the fields covered by this

(a)

to ensure a high uniform level of environmental protection;

recognition, without

the
requirements, of
certificates, licences, approvals or other documents granted
to products, personnel and organisations in accordance
with this Regulation and its implementing rules;

additional

(c)

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

(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

For the purposes of this Regulation:

(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
International Civil Aviation and its Annexes, signed in
Chicago on 7 December 1944;

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(c)

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

— for a maximum passenger seating configuration

of more than nine, or

(d)

(e)

(f)

‘parts and appliances’ shall mean any instrument, equip-
ment, mechanism, part,
appurtenance or
apparatus,
including communications equipment, that is
accessory,
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;

‘certification’ shall mean any form of recognition that a
product, part or appliance, organisation or person complies
with the applicable requirements including the provisions
of this Regulation and its implementing rules, as well as the
issuance of the relevant certificate attesting such compli-
ance;

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

(g)

‘certificate’ shall mean any approval,
document issued as the result of certification;

licence or other

(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
consideration, 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:

(i)

an aeroplane:

— with a maximum certificated take-off mass

exceeding 5 700 kg, or

— certificated for a maximum passenger seating

configuration of more than nineteen, or

— for operation with a minimum crew of at least

two pilots, or

(iii) a tilt rotor aircraft;

(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 flight simulators,

flight

(l)

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

CHAPTER II

SUBSTANTIVE REQUIREMENTS

Article 4

Basic principles and applicability

1. Aircraft, including any installed product, part and appliance,
which are:

(a)

(b)

(c)

(d)

designed or manufactured by an organisation for which the
Agency or a Member State ensures safety oversight; or

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

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

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

— certificated for operation with a minimum crew

of at least two pilots, or

shall comply with this Regulation.

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

than one turboprop engine, or

Personnel involved in the operations of aircraft referred to in

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

(ii)

a helicopter certificated:

3. Operations of aircraft referred to in paragraph 1(b), (c) or (d)
shall comply with this Regulation.

— for

a maximum take-off mass

exceeding

3 175 kg, or

Paragraph 1 shall not apply to aircraft referred to in

4.
Annex II.

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

means shall be recognised through the issuance 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;

6. This Regulation shall not affect the rights of third countries
as specified in international conventions,
the
Chicago Convention.

in particular

(e)

Article 5

Airworthiness

organisations responsible for the design and manufacture 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 organisation approval. The privileges
granted to the approved organisation and the scope of the
approval shall be specified in the terms of approval;

1. Aircraft referred to in Article 4(1)(a), (b) and (c) shall comply
with the essential requirements for airworthiness laid down in
Annex I.

in addition:

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

changes

to that

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

compliance with the

(f)

(g)

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

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.

3. Aircraft referred to in Article 4(1)(a) and products, parts and
appliances mounted thereon shall comply with paragraph 2(a),
(b) and (e) of this Article.

4. By way of derogation from paragraphs 1 and 2:

(a)

(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;

each aircraft shall be issued with an individual certificate of
airworthiness when it is shown that it conforms with the
type design approved in its type-certificate and that relevant
documentation, inspections and tests demonstrate that the
aircraft is in condition for safe operation. This certificate of
airworthiness shall remain valid as long as it
is not
suspended, revoked or terminated and as long as the
aircraft
is maintained in accordance with the essential
requirements related to continuing airworthiness set out in
point 1.d of Annex I and the measures referred to in
paragraph 5;

a permit to fly may be issued when it is shown that the
aircraft is capable of performing safely a basic flight. It shall
be issued with appropriate limitations,
in particular to
protect third parties' safety;

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 specifica-
tions and deviations
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;

from the essential

(a)

(b)

(c)

(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

(c) when the number of aircraft of the same type eligible for a
restricted certificate of airworthiness so justifies, a restricted
type certificate may be issued and an appropriate type
certification basis shall be established.

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5. The measures designed to amend non-essential elements of
this Article, by supplementing it, shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 65(4). Those measures shall specify in particular:

(vi)

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

(a)

conditions for establishing and notifying to an applicant the
type-certification basis applicable to a product;

(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;

(b)

(c)

(d)

(e)

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

(g)

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

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

(h)

responsibilities of the holders of certificates;

for

conditions
issuing and disseminating mandatory
information in order to ensure the continuing airworthi-
ness of products;

revoking type-certificates,

conditions for issuing, maintaining, amending, suspending
or
restricted type-certificates,
approval of changes to type-certificates, individual certifi-
cates of airworthiness, restricted certificates of airworthi-
ness, permits to fly and certificates for products, parts or
appliances, including:

(i)

(ii)

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

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,

(i)

(j)

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

how aircraft referred to in Article 4(1)(c) are to show
compliance with the essential requirements.

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

(a)

reflect the state of the art and the best practices in the field
of airworthiness;

(b)

take into account worldwide aircraft experience in service,
and scientific and technical progress;

(c)

allow for immediate reaction to established causes of
accidents and serious incidents;

(d)

do not impose on aircraft referred to in Article 4(1)(c)
requirements which would be incompatible with the
International Civil Aviation Organization (ICAO) obliga-
tions of Member States.

Article 6

— carriage of persons other than flight crew;

Essential requirements for environmental protection

(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
paragraph (2)(f);

(v)

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

1.
Products, parts and appliances shall comply with the
environmental protection requirements contained in Amend-
ment 8 of Volume I and in Amendment 5 of Volume II of
Annex 16 to the Chicago Convention as applicable on
24 November 2005, 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
in so far as such adaptations do not
Member States, shall,

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broaden the scope of this Regulation, be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 65(5).

their privileges in relation to the issuance of licenses and medical
certificates shall be recognised by the issuance of an approval.

3. The measures designed to amend non-essential elements of
the requirements referred to in paragraph 1, by supplementing
them, shall, using as necessary the content of the Appendices
referred to in paragraph 1, be adopted in accordance with the
regulatory procedure with scrutiny referred to in Article 65(5).

Article 7

Pilots

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.

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

A person shall only be issued a licence when he or she complies
with the rules established to ensure compliance with the essential
requirements on theoretical knowledge, practical skill, 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
law, act as an aero-medical
so permitted under national
examiner,
in accordance with detailed implementing rules
adopted pursuant to the procedure referred to in Article 65(3);
these implementing rules shall ensure that the level of safety is
maintained.

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.

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.

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.

5.
Persons responsible for providing flight training or flight
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 compliance 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 accordance
with the regulatory procedure with scrutiny referred to in
Article 65(4). Those measures shall specify in particular:

(a)

(b)

(c)

(d)

the different ratings for pilots'
licences and the medical
certificates adequate for the different types of activities
performed;

revoking licences,

the conditions for issuing, maintaining, amending, limiting,
suspending or
licences,
medical certificates, approvals and certificates referred to
in paragraphs 2, 3, 4 and 5, and the conditions under
which such certificates and approvals need not be
requested;

ratings

for

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

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
national medical certificates into commonly recognised
medical certificates;

3. The capability of pilot training organisations and of aero-
medical centres to discharge the responsibilities associated with

(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;

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(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
requirements of
Annex III.

essential

relevant

7. When adopting the measures referred to in paragraph 6, the
Commission shall take specific care that they reflect the state of
the art,
including best practices and scientific and technical
progress, 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
licence covering non-
Convention, and of a leisure pilot
commercial 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 operations
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 3922/91 (1); at
the
Member State, such attestation may be issued by approved
operators or training organisations.

the discretion of

5. The measures designed to amend non-essential elements of
this Article, by supplementing it, shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 65(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)

limiting,
conditions for issuing, maintaining, amending,
suspending or
revoking the certificates referred to in
paragraph 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)

(e)

(f)

(g)

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;

conditions for issuing, maintaining, amending,
limiting,
suspending or revoking the cabin crew attestation referred
to in paragraph 4;

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

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

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 proportion-
ate 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
initially on the basis of the common technical requirements
and administrative procedures specified in Annex III to
Regulation (EEC) No 3922/91,

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

the scale and scope of the operation,

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

— allow for immediate reaction to established causes of

accidents and serious incidents,

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— not

impose on aircraft

referred to in Article 4(1)(c)
requirements which would be incompatible with the ICAO
obligations of Member States.

Article 9

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

1. Aircraft referred to in Article 4(1)(d), as well as their crew
and their operations,
shall comply with applicable ICAO
Standards. 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
international conventions.

2. Operators engaged in commercial operations using aircraft
referred to in paragraph 1 shall demonstrate their capability and
means of complying with the requirements
specified in
paragraph 1.

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

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 com-
plex 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 accordance
with the regulatory procedure with scrutiny referred to in
Article 65(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;

(b)

conditions to operate an aircraft in compliance with the
provisions of paragraph 1;

(c)

revoking the operator's

limiting,
conditions for issuing, maintaining, amending,
authorisation
suspending or
referred to in paragraph 2,
the
certificates issued by the state of registry or the state of
to Regulation (EC)
the operator, without prejudice
No 2111/2005 and its implementing rules;

taking into account

(d)

privileges and responsibilities of the holders of authorisa-
tions;

(e)

(f)

conditions and procedures for the declaration by, and for
the oversight of, operators referred to in paragraph 3;

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

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

(a)

(b)

(c)

(d)

use is made, as appropriate, of
practices and guidance documents;

ICAO recommended

no requirement exceeds what is required from aircraft
referred to in Article 4(1)(b), and from the operators of
such aircraft;

use is made, where appropriate, of measures issued in
accordance with Articles 5(5) and 8(5);

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)

(ii)

results of the ICAO Universal Safety Oversight Audit
Programme;

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
provisions 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
that they have issued, conduct investigations, including ramp
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, the
in accordance with
investigations

3.
Agency shall
Article 24(2) and Article 55.

conduct

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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 accordance
with the regulatory procedure with scrutiny referred to in
Article 65(4). Those measures shall specify in particular:

Pending adoption of the measures referred to in Article 8(5),
5.
and without prejudice to Article 69(4), certificates which cannot
be issued in accordance with this Regulation may be issued on
regulations or, where
the basis of
applicable, on the basis of
requirements of
Regulation (EEC) No 3922/91.

the applicable national

the relevant

6. The provisions of this Article shall be without prejudice to
Regulation (EC) No 2111/2005 and its implementing rules.

(a)

conditions for the collection, exchange and dissemination
of information;

Article 12

(b)

conditions for conducting ramp inspections,
systematic ones;

including

(c)

conditions for the grounding of aircraft that do not comply
with the requirements of this Regulation or its implement-
ing rules.

Article 11

Recognition of certificates

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

2. The Commission, on its own initiative or at the request of a
Member State or of the Agency, may initiate the procedure
referred to in Article 65(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
the
provisions 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.

the certificate. Moreover,

suspension of

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 ineffective
the safeguard measures are no longer
compliance and that
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.

Pending

adoption of

the measures

4.
referred to in
Articles 5(5), 7(6) and 9(4), and without prejudice to Arti-
cle 69(4), certificates which cannot be issued in accordance with
this Regulation may be issued on the basis of the applicable
national regulations.

Acceptance of third-country certification

implementing rules,

1. By way of derogation from the provisions of this Regulation
the aviation
and its
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.

the Agency or

2. (a) In the absence of an agreement concluded by the
Community, a Member State or the Agency may issue
certificates on the basis of certifications issued by the
competent authorities of a third country in application of
an agreement concluded by that Member State with the
third country in question before the entry into force of the
related provisions of this Regulation and notified 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
States without compelling safety reasons or
is
contrary to Community foreign policy vis-à-vis a
third country,

it may, in accordance with the procedure laid down in
Article 65(2), require the Member State concerned to
modify the agreement, to suspend its application or to
renounce it, in accordance with Article 307 of the Treaty.

(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.

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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.

Article 14

Flexibility provisions

shall not prevent

1. The provisions of this Regulation and of its implementing
from reacting
rules
immediately to a safety problem which involves a product,
person or organisation subject
this
Regulation.

to the provisions of

a Member State

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

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.

less

5. The Agency shall assess whether the exemptions notified by
a Member State are
restrictive than the applicable
Community 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
objectives of this Regulation or any other rule of Community
law, the Commission shall take a decision not to permit the
exemption in accordance with the procedure referred to in
Article 65(7). In such a case, the Member State concerned shall
revoke the exemption.

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
discrimination on grounds of nationality, grant an approval
derogating from those implementing rules.

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

to paragraph 1,

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
derogate from the rule concerned, as well as the conditions laid
down to ensure that an equivalent level of protection is achieved.

(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 recommendation
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 65(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.

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.

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
regulatory procedure with scrutiny referred to in Article 65(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.

Article 15

Information network

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 circumstances
or operational needs of a limited duration, provided the level of
safety is not adversely affected. The Agency, the Commission and

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

the application of

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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 65(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:

(a)

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

(b)

to limit the dissemination of information to what is strictly
required for the purpose of its users, in order to ensure
appropriate confidentiality of that information.

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

This rule shall not apply in cases of gross negligence.

4. This Article shall apply without prejudice to national rules
relating to access to information by judicial authorities.

CHAPTER III

THE EUROPEAN AVIATION SAFETY AGENCY

SECTION I

Tasks

Article 17

Establishment and functions of the Agency

For the purpose of the implementation of this Regulation, a

1.
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:

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.

(a)

(b)

Article 16

Protection of the source of information

undertake any task and formulate opinions on all matters
covered by Article 1(1);

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;

is
1. Where the information referred to in Article 15(1)
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
the source of such information shall be
national authority,
protected in accordance with national legislation.

(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;

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 implement-
ing rules are not subject to any prejudice on the part of their
employer.

(e)

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

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;

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(c)

including airworthiness
issue certification specifications,
codes and acceptable means of compliance, as well as any
guidance material for the application of this Regulation and
its implementing rules;

operation render any of the airworthiness code provisions
inadequate or inappropriate to ensure conformity with
essential requirements;

(d)

take the appropriate decisions for
Articles 20, 21, 22, 23, 54 and 55;

the application of

(e)

issue the reports following standardisation inspections
carried out pursuant to Articles 24(1) and 54.

Article 19

Opinions, certification specifications and guidance material

for basic principles,

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

2. The Agency shall, in accordance with Article 52 and the
implementing rules adopted by the Commission, develop:

(b)

(c)

(d)

(e)

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

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

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

conduct, itself or through national aviation authorities or
qualified entities, investigations associated with products,
parts and appliances certification;

(f)

issue the appropriate type-certificates or associated changes;

(g)

issue certificates for parts and appliances;

(a)

certification specifications,
and acceptable means of compliance; and

including airworthiness codes

(h)

issue the appropriate environmental certificates;

(b)

guidance material;

to be used in the certification process.

These documents shall reflect the state of the art and the best
practices in the fields concerned and be updated taking into
account worldwide 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
the experience in
features of a particular product or

(i)

(j)

(k)

(l)

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

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;

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

to fly to aircraft

issue permits
the purpose of
certification under the control of the Agency, in agreement
with the Member State in which the aircraft is registered or
is to be registered.

for

2. With regard to organisations, the Agency shall:

(a)

conduct, itself or through national aviation authorities or
qualified entities, inspections and audits of the organisa-
tions it certifies;

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(b)

issue and renew the certificates of:

(i)

design organisations; or

(ii)

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

(iii) production and maintenance organisations located

outside the territory of the Member States;

(c)

suspend or

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

fulfilled, or

if

Article 21

Pilot certification

(iii)

flight simulation training devices located outside the
territory of the Member States;

(c)

limit, suspend or revoke the relevant certificate
amend,
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:

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

(a)

(a)

(b)

(c)

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

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;

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
certifies;

(b)

issue and renew the certificates of:

(i)

flight simulation training devices used by training
organisations certified by the Agency; or

(ii)

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

(b)

(c)

(d)

(e)

the Agency shall issue the applicable certification specifica-
tions to ensure compliance with essential requirements and,
as appropriate, the related implementing rules. Initially, the
implementing rules shall include all substantive provisions
of Subpart Q of Annex III to Regulation (EEC) No 3922/91,
the latest scientific and technical
taking into account
evidence;

time
a Member State may approve individual
specification schemes which deviate from the certification
specifications referred to in point (a).
In this case the
Member State shall without delay notify the Agency, the
Commission and the other Member States that it intends to
grant approval for such an individual scheme;

flight

upon notification the Agency shall, within one month,
assess the individual scheme on the basis of a scientific and
medical evaluation. Thereafter the Member State concerned
may grant the approval as notified, unless the Agency has
discussed the scheme with that Member State and proposed
changes thereto. Should the Member State agree with these
changes, it may grant the approval accordingly;

in the event of unforeseen urgent operational circumstances
or operational needs of limited duration and non-repetitive
nature, derogations to certification specifications may apply
provisionally until the Agency expresses its opinion;

should a Member State disagree with the Agency's
conclusions concerning an individual scheme, it shall refer
the issue to the Commission to decide whether that scheme
complies with the safety objectives of this Regulation, in
accordance with the procedure referred to in Article 65(3);

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(f)

the contents of individual schemes which are acceptable to
the Agency, or on which the Commission has taken a
positive decision in accordance with point (e), shall be
published.

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 65(2), taking into account the principles
laid down in Articles 52 and 53.

Article 23

Third-country operators

Article 25

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

Fines and periodic penalty payments

(a)

(b)

(c)

conduct, itself or through national aviation authorities or
qualified entities, investigations and audits;

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;

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 referred to in Article 4
(1)(d) not engaged in commercial operations, the Agency shall:

(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.

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

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 application
by national competent authorities of this Regulation and of its
implementing rules, and shall report to the Commission.

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

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

4. The Agency shall be consulted on, and issue recommenda-
tions to the Commission for, the application of Article 14.

1. Without prejudice to Articles 20 and 55, at the Agency's
request the Commission may:

(a)

(b)

impose on the persons and the undertakings to which the
Agency has issued a certificate, fines, where, intentionally or
negligently,
this Regulation and its
implementing rules have been breached;

the provisions of

impose, on the persons and undertakings to which the
Agency has issued a certificate, periodic penalty payments,
calculated from the date set in the decision, in order to
compel those persons and undertakings to comply with the
provisions of this Regulation and its implementing rules.

2. The fines and periodic penalty payments referred to in
paragraph 1 shall be dissuasive and proportionate to both the
gravity of the case and the economic capacity of the certificate
holder concerned, taking into particular account the extent to
which safety has been compromised. The amount of the fines
shall not exceed 4 % of the annual income or turnover of the
certificate holder. The amount of the periodic penalty shall not
exceed 2,5 % of the average daily income or turnover of the
certificate holder.

3. The Commission shall adopt,
in accordance with the
procedure laid down in Article 65(3), the detailed rules for the
implementation of this Article. In doing so, it shall specify in
particular:

(a)

detailed criteria for establishing the amount of the fine or
periodic penalty payment; and

(b)

procedures for enquiries, associated measures and report-
ing, as well as rules of procedure for decision-making,
including provisions on rights of defence, access to file,
legal representation, confidentiality and temporal provi-
sions and the quantification and collection of fines and
periodic penalty payments.

4. The Court of Justice of the European Communities shall
have unlimited jurisdiction to review decisions whereby the
Commission has fixed a fine or periodic penalty payment. It may
cancel, reduce or increase the fine or periodic penalty payment
imposed.

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5. Decisions taken pursuant to paragraph 1 shall not be of a
criminal law nature.

3. The Agency may establish its own local offices in the
Member States, subject to their consent.

Article 26

Research

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.

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
confidential.

Article 27

International relations

1. The Agency shall assist the Community and the Member
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

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

Internal structure

Article 28

Legal status, location, local offices

1. The Agency shall be a body of the Community. It shall have
legal personality.

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

4. The Agency shall be represented by its Executive Director.

Article 29

Staff

1. The Staff Regulations of Officials of the European Commu-
nities, 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 39 of this Regulation to
the members of the Board of Appeal.

2. Without prejudice to Article 42, the powers conferred on
the appointing authority by the Staff Regulations and the
Conditions of Employment shall be exercised by the Agency in
respect of its own staff.

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

Article 30

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 31

Liability

1. The contractual liability of the Agency shall be governed by
the law applicable to the contract in question.

2. The Court of Justice of the European Communities shall
have jurisdiction to give 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.

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

Article 32

Publication of documents

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
Article 19(1);

to

(c)

the annual general report and programme of work referred
to in Article 33(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 33

Powers of the Management Board

1. The Agency shall have a Management Board.

2. The Management Board shall:

(a)

(b)

(c)

appoint the Executive Director, and the Directors on a
proposal from the Executive Director, in accordance with
Article 39;

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

it

the Commission, adopt

before 30 September each year, and after receiving the
opinion of
the Agency's pro-
gramme of work for the coming year and forward it to the
European Parliament, the Council, the Commission and the
Member States; this programme of work shall be adopted
without prejudice to the annual Community budgetary
procedure and the Community legislative programme in
the
relevant areas of aviation safety;
Commission shall be attached to the programme of work;

the opinion of

(d)

(e)

(f)

(g)

(h)

adopt guidelines for the allocation of certification tasks to
national aviation authorities and qualified entities
in
agreement with the Commission;

establish procedures for making decisions by the Executive
Director as referred to in Articles 52 and 53;

carry out its functions relating to the Agency's budget
pursuant to Articles 59, 60 and 63;

appoint the members of the Board of Appeal pursuant to
Article 41;

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 64(1);

(j)

establish its Rules of Procedure;

(k)

decide on the linguistic arrangements for the Agency;

(l)

complement, where appropriate,
referred to in Article 32(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 26.

4. The Management Board shall establish an advisory body of
interested parties, which it shall consult prior
to making
decisions 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 34

Composition of the Management Board

1. The Management Board shall be
composed of one
representative of each Member State and one representative of
the Commission. Members shall be selected on the basis of their
recognised experience and commitment in the field of civil
aviation, their managerial capabilities and their expertise, which
are to be used to further the objectives of this Regulation. The
competent committee of the European Parliament shall be fully
informed accordingly.

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Each Member State shall appoint a member of the Management
Board as well as an alternate who will represent the member in
his/her absence. The Commission shall also designate its
representative and alternate. The duration of the terms of office
shall be five years. This term of office shall be renewable.

2. Where appropriate, the participation of representatives of
European third countries and the conditions of such participa-
tion shall be established in the arrangements referred to in
Article 66.

3. The advisory body referred to in Article 33(4) shall appoint
four of its members to participate as observers in the Manage-
ment Board. They shall represent, as broadly as possible, the
different views represented in the advisory body. The duration of
their term of office shall be 30 months, renewable once.

Article 35

Chairmanship of the Management Board

1. The Management Board shall elect a Chairperson and a
Deputy Chairperson from among its members. The Deputy
Chairperson shall ex officio replace the Chairperson in the event
of his/her being prevented from attending to his/her duties.

the Chairperson and Deputy
2. The terms of office of
Chairperson shall expire when their membership of
the
Management 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 36

Meetings

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

2. The Executive Director of the Agency shall take part in the
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 the request of at least one third of its members.

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

interest

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

6. The secretariat of the Management Board shall be provided
by the Agency.

Article 37

Voting

1. Without prejudice to Article 39(1), the Management Board
shall take its decisions by a two-thirds majority of its members.
At the request of a member of the Management Board, the
decision referred to in Article 33(2)(k) shall be taken by
unanimity.

2.
Each member designated pursuant to Article 34(1) 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,
the conditions under which a
member may act on behalf of another member as well as any
quorum requirements, where appropriate.

in particular

Article 38

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 Commis-
sion and the Management Board, the Executive Director shall
neither seek nor take instructions from any government or from
any other body.

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

3. The Executive Director shall have the following functions
and powers:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

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

to decide on inspections and investigations as provided for
in Articles 54 and 55;

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

to undertake any international
cooperation with third countries pursuant to Article 27;

functions and technical

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

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

to exercise in respect of the Agency's staff the powers laid
down in Article 29(2);

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(h)

(i)

to draw up estimates of the revenues and expenditure of the
Agency pursuant to Article 59, and to implement the
budget pursuant to Article 60;

Article 41

Composition of the Boards of Appeal

the
to delegate his/her powers to other members of
Agency's staff subject to rules to be adopted in accordance
with the procedure referred to in Article 65(2);

1. A Board of Appeal shall consist of a Chairperson and two
other members.

(j) with the consent of

to take
decisions regarding the establishment of local offices in the
Member States in accordance with Article 28(3);

the Management Board,

(k)

to prepare and to implement the annual programme of
work;

(l)

to respond to requests for assistance from the Commission.

Article 39

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.

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.

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

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

Article 40

Powers of the Boards of Appeal

1. One or more Boards of Appeal shall be established within
the Agency.

2. The Board or Boards of Appeal shall be responsible for
deciding on appeals against the decisions referred to in Article 44.

2. The Chairperson and the other members
alternates to represent them in their absence.

shall have

3. The Chairperson, the other members and their alternates
shall be appointed by the Management Board from a list of
qualified candidates adopted by the Commission.

4. Where the Board of Appeal considers that the nature of the
appeal so requires, it may call up to two further members from
the 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 determined
by the Commission acting in accordance with the procedure
referred to in Article 65(3).

Article 42

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

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.

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
and the Commission, after obtaining the opinion of
the
Management Board, takes a decision to that effect.

Article 43

Exclusion and objection

1. The members of a Board of Appeal may not take part in any
appeal proceedings if they have any personal 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.

3. The Board or Boards of Appeal shall be convened as
necessary. The number of boards of Appeal and the work
allocated to it or them shall be determined by the Commission
acting in accordance with the procedure referred to in Article 65
(3).

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.

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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.

4. The Boards of Appeal shall decide as to the action to be
taken in the cases specified in paragraphs 2 and 3 without the
participation of the member concerned. For the purposes of
taking this decision, the member concerned shall be replaced on
the Board of Appeal by his/her alternate.

Article 44

Decisions subject to appeal

1. An appeal may be brought against decisions of the Agency
taken pursuant to Articles 20, 21, 22, 23, 55 or 64.

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.

If the decision is not rectified within one month after receipt
2.
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 44(2),
and shall remit the appeal to the Board of Appeal.

Article 48

Examination of appeals

If

the appeal

1.
examine whether it is well founded.

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 49

Decisions on appeal

3. An appeal against a decision which does not terminate
proceedings as regards one of the parties may only be made in
conjunction with an appeal against the final decision, unless the
decision provides for separate appeal.

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.

Article 45

Persons entitled to appeal

Article 50

Actions before the Court of Justice

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.

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.

Article 46

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.

2. Actions for the annulment of decisions of the Agency taken
pursuant to Articles 20, 21, 22, 23, 55 or 64 may be brought
before the Court of Justice of the European Communities only
after all appeal procedures within the Agency have been
exhausted.

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

the Court of

Justice of

Article 47

Interlocutory revision

Article 51

Direct appeal

If

the Executive Director considers

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

the appeal

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

Justice of

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SECTION III

Working methods

Article 52

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

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

Those procedures shall:

(a)

draw on expertise available in the aviation regulatory
authorities of Member States;

(b) whenever necessary,

involve appropriate experts from

relevant interested parties;

(c)

ensure that the Agency publishes documents and consults
widely 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 applied by Member States, it shall establish a procedure for
consulting the Member States. To this effect,
it may create a
working group in which each Member State is entitled to
designate an expert.

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

4.
Special procedures shall be established to address immediate
action to be taken by the Agency to react to a safety problem and
to inform the relevant interested parties of the action they are to
take.

Article 53

Procedures for taking decisions

1. The Management Board shall establish transparent proce-
dures for taking individual decisions as provided for in Article 18
(d).

Those procedures shall:

(a)

(b)

(c)

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;

provide for notification of the decision to natural or legal
persons and for its publication;

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 specifying
the conditions under which decisions are notified while taking
due account of the appeal procedure.

3.
Special procedures shall be established to address immediate
action to be taken by the Agency to react to a safety problem and
to inform the relevant interested parties of the action they are to
take.

Article 54

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;

(b)

to take copies of or extracts from such records, data,
procedures and other material;

(c)

to ask for an oral explanation on the spot;

(d)

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

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

inform the Member State concerned of

3. The Member State concerned shall submit to the inspections
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 55 shall apply. Where an
undertaking opposes the inspection, the Member State con-
cerned shall afford the necessary assistance to officials authorised
by the Agency to enable them to carry out the inspection.

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5. Reports drawn up in application of this Article shall be
made available in the official
the
Member State where the inspection took place.

language or languages of

Article 57

Annual general report

Article 55

Investigation of undertakings

1. The Agency may itself conduct or assign to national aviation
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 compliance with
the legal provisions of the Member States in which they are to be
undertaken. To that end, the persons authorised under this
Regulation are empowered:

(a)

to examine the relevant records, data, procedures and any
other material relevant to the execution of the tasks of the
Agency;

(b)

to take copies of or extracts from such records, data,
procedures and other material;

(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 investigations
referred to in paragraph 1 shall exercise their powers upon
production of an authorisation in writing specifying the subject
matter and purpose of the investigation.

3.
In good time before the investigation, the Agency shall
inform the Member State 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
shall, at
those authorised
the request of
persons to carry out their duties.

the Agency, assist

Article 56

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
mandates and tasks of the Agency have been added, 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.

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 58

Transparency and communication

1. Regulation (EC) No 1049/2001 shall apply to documents
held by the Agency.

2. The Agency may communicate on its own initiative in the
fields within its mission. It shall ensure in particular that, in
addition to the publication specified in Article 52(3), the public
and any interested party are rapidly given objective, reliable and
easily understandable information with regard to its work.

3. Any natural or legal person shall be entitled to address
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.

4. The information gathered by the Agency in accordance 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 institutions and
bodies and on the free movement of such data (1).

SECTION IV

Financial requirements

Article 59

Budget

1. The revenues of the Agency shall consist of:

(a)

a contribution from the Community;

(b)

(c)

(d)

a contribution from any European third country with
which the Community has concluded agreements as
referred to in Article 66;

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

charges for publications, training and any other services
provided by the Agency; and

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

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(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.

Article 60

Implementation and control of the budget

2. The
administrative, infrastructure and operational expenses.

the Agency shall

expenditure of

include

1. The Executive Director shall implement the budget of the
Agency.

staff,

3. Revenue and expenditure shall be in balance.

4. Regulatory budgets and the fees set and collected for
certification activities shall be dealt with separately in the
Agency's budget.

5.
Each year the Management Board, on the basis of a draft
statement of estimates of revenue and expenditure, shall produce
a statement of estimates of revenue and expenditure of the
Agency for the following financial year.

6. The statement of estimates referred to in paragraph 4, 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 66.

7. The statement of estimates shall be forwarded by the
Commission to the budgetary authority together with the
preliminary draft general budget of the European Union.

8. On the basis of the statement of estimates, the Commission
the
shall enter in the preliminary draft general budget of
European Union the estimates it deems necessary for
the
establishment plan and the amount of the subsidy to be charged
to the general budget, which it shall place before the budgetary
authority in accordance with Article 272 of the Treaty.

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
consolidate the provisional accounts of
the institutions and
decentralised bodies in accordance with Article 128 of Council
Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on
the Financial Regulation applicable to the general budget of the
European Communities (1).

3. By 31 March at the latest following each financial year, the
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

4.
to Article 129 of Regulation (EC, Euratom)
No 1605/2002, on receipt of the Court of Auditors' observations
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.

5. The Management Board shall deliver an opinion on the
Agency's final accounts.

6. The Executive Director shall, by 1 July at the latest following
each financial year, forward the final accounts to the European
Parliament, the Council, the Commission and the Court of
Auditors, together with the Management Board's opinion.

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

7. The final accounts shall be published.

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

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

It shall

Where a branch of the budgetary authority has notified its
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.

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

9. The Executive Director
to the European
shall
Parliament, at the latter's request, any information necessary
for the smooth application of the discharge procedure for the
financial year in question, as provided for by Article 146(3) of
Regulation (EC, Euratom) No 1605/2002.

submit

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.

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

(EC) No 1525/2007(OJ L 343, 27.12.2007, p. 9).

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Article 61

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

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 specif-
ically required for the Agency's operation and the Commission
has given its prior consent.

Article 64

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 65(4).

2. The Commission shall consult the Management Board on
the draft of the measures referred to in paragraph 1.

3. Decisions
implementing
concerning funding and the
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.

3. The measures referred to in paragraph 1 shall determine in
particular the matters for which fees and charges pursuant to
Article 59(1)(c) and (d) are due, the amount of the fees and
charges and the way in which they are to be paid.

Article 62

Evaluation

1. Within three years from the date of the Agency having taken
up its duties, and every five years thereafter, the Management
Board shall commission an independent external evaluation on
the implementation of this Regulation.

It shall also assess the impact of

2. The evaluation shall examine how effectively the Agency is
this
fulfilling its mission.
Regulation, the Agency and its working practices in establishing
a high level of civil aviation safety. The evaluation shall take into
account the views of stakeholders at both European and national
level.

the Agency and its working practices

3. The Management Board shall receive the findings of the
evaluation and issue recommendations regarding changes to this
to the
Regulation,
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 63

Financial provisions

The financial rules applicable to the Agency shall be adopted by
the Management Board after consultation of the Commission.
They may not depart
from Commission Regulation (EC,
Euratom) No 2343/2002 of 19 November 2002 on the
framework Financial Regulation for the bodies referred to in

4.

Fees and charges shall be levied for:

(a)

(b)

the issuing and renewal of certificates, as well as the related
continuing oversight functions;

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.

5. The amount of the fees and charges shall be fixed at such a
level as to ensure that the revenue in respect thereof is in
principle sufficient to cover the full cost of the services delivered.
These fees and charges, including those collected in 2007, shall
be assigned revenues for the Agency.

CHAPTER IV

FINAL PROVISIONS

Article 65

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.

(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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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.

The time limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of
Decision 1999/468/EC shall be set at 20 days.

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.

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
issue
certificates on the basis of certificates issued by third countries,
the measures adopted by the Commission shall give due
consideration to the principles laid down in Article 12(2)(b)
and (c).

context Member States

Article 68

Penalties

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

Article 69

Repeals

Before adopting its decision, the Commission shall consult the
committee referred to in paragraph 1 of this Article.

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 accordance
with the correlation table set out in Annex VI.

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.

2. Council Directive 91/670/EEC is hereby repealed as from the
entry into force of the measures referred to in Article 7(6).

Article 66

Participation of European third countries

3. Annex III to Regulation (EEC) No 3922/91 shall be deleted
as from the entry into force of the corresponding measures
referred to in Article 8(5).

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 Community law in
the field covered by this Regulation and its implementing rules.

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.

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

5. Directive 2004/36/EC is hereby repealed as from the entry
into force of the measures referred to in Article 10(5) of this
Regulation, and without prejudice to the implementing rules
referred to in Article 8(2) of that Directive.

Article 67

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.

Article 70

Entry into force

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

2. During an additional transition period of 42 months from
the date referred to in paragraph 1, Member States may continue

Articles 5, 6, 7, 8, 9 and 10 shall apply as from the dates
specified in their respective implementing rules, but not later
than 8 April 2012.

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

Done at Strasbourg, 20 February 2008.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

J. LENARČIČ

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ANNEX I

Essential requirements for airworthiness referred to in Article 5

1.

1.a.

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

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

1.a.1.

All parts of the aircraft, the failure of which could reduce the structural integrity, must comply with the following
conditions without 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.

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
demonstrated throughout, and sufficiently beyond, the operational envelope of the propulsion system and must be
maintained for the operational life of the propulsion system.

1.b.1.

The propulsion system must produce, within its stated limits, the thrust or power demanded of it at all required
flight conditions, taking into account environmental effects and conditions.

1.b.2.

The fabrication process and materials used in the construction of the propulsion system must result in known and
reproducible structural behaviour. Any changes in material performance related to the operational environment
must be accounted for.

1.b.3.

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

1.b.4.

All necessary instructions, information and requirements for the safe and correct interface between the propulsion
system and the aircraft must be promulgated.

1.c.

Systems and equipment

1.c.1.

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

1.c.2.

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

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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.

1.c.3.

The aircraft systems, equipment and associated appliances, considered separately and in relation to each other,
must be designed such that any catastrophic failure condition does not result from a single failure not shown to be
extremely improbable and an inverse relationship must exist between the probability of a failure condition and the
severity of its effect on the aircraft and its occupants. With respect to the single failure criterion above, it is
accepted that due allowance must be made for the size and broad configuration of the aircraft and that this may
prevent this single failure criterion from being met for some parts and some systems on helicopters and small
aeroplanes.

1.c.4.

Information needed for the safe conduct of the flight and information concerning unsafe conditions must be
provided to the crew, or 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 probable
threats, both inside and external to the aircraft, including protecting against the possibility of a significant failure
in, or disruption of, any aircraft appliance.

1.d.

Continuing airworthiness

1.d.1.

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

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

appliances as necessary for 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
mandatory replacement time, inspection interval and related inspection procedure.

forth each

2.

2.a.

Airworthiness aspects of product operation

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.

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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.

2.c.1.

2.c.2.

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.

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.

Cabin compartments must provide passengers with suitable transport conditions and adequate protection from
any expected hazard arising in flight operations or resulting in emergency situations, including fire, smoke, toxic
gases and rapid decompression hazards. Provisions must be made to give occupants every reasonable chance of
avoiding serious injury and quickly evacuating the aircraft and to protect them from the effect of the deceleration
forces in the event of an emergency landing on land or water. Clear and unambiguous signs or announcements
must be provided, as necessary, to instruct occupants in appropriate safe behaviour and the location and correct
use of safety equipment. Required safety equipment must be readily accessible.

2.c.3.

Crew compartments must be arranged in order to facilitate flight operations,
including means providing
situational awareness, and management of any expected situation and emergencies. The environment of crew
compartments must not jeopardise the crew's ability to perform their tasks and its design must be such as to avoid
interference during operation and misuse of the controls.

3.

3.a.

3.a.1.

Organisations (including natural persons undertaking design, manufacture or maintenance)

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:

3.a.2.

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

3.a.3.

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

3.a.4.

the organisation must establish an occurrence reporting and/or handling system, which must be used by the
management system under point 3.a.2 and the arrangements under point 3.a.3, in order to contribute to the aim
of continuous improvement of the safety of products.

3.b.

In the case of maintenance training organisations, the conditions under points 3.a.3 and 3.a.4 do not apply.

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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)

(c)

(d)

(e)

aircraft specifically designed or modified for research, experimental or scientific purposes, and likely to be produced in
very limited numbers;

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;

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;

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;

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(h)

(i)

(j)

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

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

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.

Training

1.a.

G e n e r a l

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.

T h e o r e t i c a l k n o w l e d g e

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)

air law;

(ii)

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.

D e m o n s t r a t i o n a n d m a i n t e n a n c e o f

t h e o r e t i c a l k n o w l e d g e

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
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.d.

P r a c t i c a l s k i l l

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;

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(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

operation, whether single or multi-crew;

(ix)

navigation and implementation of rules of the air and related procedures, using as appropriate, visual
reference or navigation aids;

(x)

abnormal and emergency operations, including simulated aircraft equipment malfunctions;

(xi)

compliance with air traffic services and communications procedures;

(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.

D e m o n s t r a t i o n a n d m a i n t e n a n c e o f p r a c t i c a l s k i l l

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.

L a n g u a g e P r o f i c i e n c y

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;

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

(iii)

the ability to communicate with other flight crew and air navigation services during all phases of flight,
including flight preparation.

1.g.

F l i g h t s i m u l a t i o n t r a i n i n g d e v i c e s

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
relevant 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.

T r a i n i n g c o u r s e

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.

I n s t r u c t o r s

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;

(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.

E x a m i n e r s

1.j.1.

Persons responsible for assessing the skill of pilots must:

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

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(ii)

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

2.

Experience requirements

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.

Training organisations

3.a.

T r a i n i n g o r g a n i s a t i o n r e q u i r e m e n t s

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,
documentation 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.

Medical fitness

4.a.

M e d i c a l c r i t e r i a

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.

A e r o - m e d i c a l e x a m i n e r s

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.

A e r o - m e d i c a l c e n t r e s

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,
documentation 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.

General

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 environment,
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 preparation

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.

2.a.2.

Adequate facilities directly required for the flight and for the safe operation of
including
communication facilities and navigation aids, are available for the execution of the flight, taking into account
available Aeronautical Information Services documentation.

the aircraft,

The crew must be familiar with and passengers informed of the location and use of relevant emergency equipment.
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

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(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
aerodromes, 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.

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
particular 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
alternate 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 operations

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
disruptive 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.

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4.

4.a.

Aircraft performance and operating limitations

An aircraft must be operated in accordance with its airworthiness documentation and all related operating
procedures 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.

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.

5.a.

5.b.

Instruments, data and equipment

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.

When relevant, an aircraft must be equipped with all necessary safety, medical, evacuation and survival equipment,
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.

Continuing airworthiness

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.

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.

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6.c.

6.d.

6.e.

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
maintenance. 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.

Crew members

7.a.

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

(i)

the certification limitations of the aircraft,
demonstration;

including if applicable, the relevant emergency evacuation

(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.

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
deprivation, 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.

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8.

8.a.

8.a.1.

Additional requirements for operation for commercial purposes and operation of complex motor-powered aircraft

The operation for commercial purposes and the operation of complex motor-powered aircraft must not be
undertaken 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
operational 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
instructions, 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
operations 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.

8.g.

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
established 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.

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)

(ii)

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

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
maintenance organisation.

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ANNEX V

Criteria for qualified entities referred to in Article 13

1.

2.

3.

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,
appliances, 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.

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.

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.

6.

7.

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.

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

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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Official Journal of the European Union

19.3.2008

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)

—

Article 6

—

—

—

—

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

Article 6

Article 7

Article 8

Article 9

Article 10

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Regulation (EC) No 1592/2002

This Regulation

Article 8(1)

—

Article 8(2)

—

Article 9

—

Article 10(1)

—

Article 10(2)

Article 10(3)

Article 10(4)

Article 10(5)

Article 10(6)

Article 11

—

Article 12

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)

—

Article 15(2)

—

—

—

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

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

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 24(3)

Article 24(4)

Article 24(5)

Article 25

Article 26

Article 27

Article 28

L 79/48

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Official Journal of the European Union

19.3.2008

Regulation (EC) No 1592/2002

This Regulation

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 38

Article 39

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

Article 29

Article 30

Article 31

Article 32

Article 33(1) to (4)

Article 33(5)

Article 34(1) and (2)

Article 34(3)

Article 35

Article 36

Article 37

Article 38(1) and (2)

Article 38(3)(a) to (j)

Article 38(3)(k) and (l)

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 54

Article 46(1), introductory wording

Article 55(1), introductory wording

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

—

Article 46(2) and (3)

—

—

Article 47(1) and (2)

Article 47(3)

Article 55(1)(a) to (d)

Article 55(1)(e)

Article 55(2) and (3)

Article 56

Article 57

Article 58(1) and (2)

—

19.3.2008

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Regulation (EC) No 1592/2002

This Regulation

Article 47(4)

Article 47(5)

—

Article 58(3)

—

Article 58(4)

Article 48(1), introductory wording

Article 59(1), introductory wording

Article 48(1)(a)

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

—

Article 48(2) and (3)

Article 48(4) to (10)

Article 49

Article 50

Article 51

Article 52

Article 53

Article 54

Article 55

Article 56

—

Article 57

Article 59

Article 59(1)(a) and (b)

Article 59(1)(c) and (d)

Article 59(1)(e)

Article 59(2) and (3)

Article 59(4)

Article 59(5) to (11)

Article 60

Article 61

Article 62

Article 63

Article 64

Article 65

Article 66

Article 67

Article 68

Article 69

Article 70