19.3.

2008 EN Official Journal of the European Union L 79/1

(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 the limits set by the Convention on International Civil
EUROPEAN UNION, Aviation, signed in Chicago on 7 December 1944 (the
Chicago Convention), to which all Member States are
parties.
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, (3) The Chicago Convention already provides for minimum
standards to ensure the safety of civil aviation and
Having regard to the Opinion of the Economic and Social environmental protection relating thereto. Community
Committee (1), essential requirements and rules adopted for their imple-
mentation should ensure that Member States fulfil the
obligations created by the Chicago Convention, including
After consulting the Committee of the Regions, those vis-à-vis third countries.

Acting in accordance with the procedure laid down in Article 251

of the Treaty (2),
(4) The Community should lay down, in line with standards
and recommended practices set by the Chicago Convention,
Whereas: essential requirements applicable to aeronautical products,
parts and appliances, to persons and organisations involved
in the operation of aircraft, and to persons and products
(1) A high and uniform level of protection of the European involved in the training and medical examination of pilots.
citizen should at all times be ensured in civil aviation, by The Commission should be empowered to develop the
the adoption of common safety rules and by measures necessary implementing rules.
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. (5) It would not be appropriate to subject all aircraft to
common rules, in particular aircraft that are of simple
design or operate mainly on a local basis, and those that are
(2) In addition, third-country aircraft operated into, within or home-built or particularly rare or only exist in a small
out of the territory where the Treaty applies should be number; such aircraft should therefore remain under the
subject to appropriate oversight at Community level within regulatory control of the Member States, without any
obligation under this Regulation on other Member States to
(1) OJ C 185, 8.8.2006, p. 106. recognise such national arrangements. However, propor-
(2) Opinion of the European Parliament of 14 March 2007 (OJ C 301 E, tionate measures should be taken to increase generally the
13.12.2007, p. 103), Council Common Position of 15 October level of safety of recreational aviation. Consideration should
2007 (OJ C 277 E, 20.11.2007, p. 8) and Position of the European in particular be given to aeroplanes and helicopters with a
Parliament of 12 December 2007. Council Decision of 31 January low maximum take-off mass and whose performance is
2008. increasing, which can circulate all over the Community and
L 79/2 EN Official Journal of the European Union 19.3.2008

which are produced in an industrial manner. They therefore (12) There is a need for better arrangements in all the fields
can be better regulated at Community level to provide for covered by this Regulation so that certain tasks currently
the necessary uniform level of safety and environmental performed at Community or national level should be
protection. 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
(6) The scope of Community action should be clearly defined matters and has legal, administrative and financial
so that persons, organisations and products subject to this autonomy. To that end, it is necessary and appropriate
Regulation and its implementing rules can be identified that it should be a Community body having legal
without ambiguity. Such scope should be clearly defined by personality and exercising the implementing powers which
referring to a list of aircraft which are exempted from the are conferred on it by this Regulation.
application of this Regulation.

(7) Aeronautical products, parts and appliances, operators (13) Under the Community institutional system, implementa-
involved in commercial air transport, as well as pilots and tion of Community law is primarily the responsibility of the
persons, products and organisations involved in their Member States. Certification tasks required by this Regula-
training and medical examination, should be certified or tion and its implementing rules are therefore to be executed
licensed once they have been found to comply with at national level. In certain clearly defined cases, however,
essential requirements to be laid down by the Community the Agency should also be empowered to conduct
in line with standards and recommended practices set by certification tasks as specified in this Regulation. The
the Chicago Convention. The Commission should be Agency should, for the same reason, be allowed to take the
empowered to develop the necessary implementing rules necessary measures related to the operation of aircraft, the
for establishing the conditions for the issue of the certificate qualification of crew or the safety of third-country aircraft
or the conditions for its replacement by a declaration of when this is the best means to ensure uniformity and
capability, taking into account the risks associated with the facilitate the functioning of the internal market.
different types of operations, such as certain types of aerial
work and local flights with small aircraft.

(14) Regulation (EC) No 2111/2005 (1) imposes a duty on the

(8) For non-commercial operations, the operational and Agency to communicate all information that may be
licensing rules should be tailored to the complexity of the relevant for the updating of the Community list of air
aircraft and a related definition should be set out. carriers which, for safety reasons, are subject to an
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
(9) The privileges associated with the leisure pilot licence that the name of the air carrier may be entered, if necessary,
should be limited by the training received to obtain the on that list.
related ratings, in accordance with the implementing rules.

(10) In order to achieve Community objectives as regards the (15) The effective functioning of a Community civil aviation
freedom of movement of goods, persons and services, as safety scheme in the fields covered by this Regulation
well as those of the common transport policy, Member requires strengthened cooperation between the Commis-
States should, without further requirements or evaluation, sion, the Member States and the Agency to detect unsafe
accept products, parts and appliances, organisations or conditions and take remedial measures as appropriate.
persons certified in accordance with this Regulation and its
implementing rules.

(16) The promotion of a ‘culture of safety’ and the proper

(11) Enough flexibility should be provided for addressing special functioning of a regulatory system in the fields covered by
circumstances such as urgent safety measures, unforeseen this Regulation require that incidents and occurrences be
or limited operational needs. Provision should also be made
for reaching an equivalent safety level by other means. (1) Regulation (EC) No 2111/2005 of the European Parliament and of
Member States should be entitled to grant exemptions from the Council of 14 December 2005 on the establishment of a
the requirements of this Regulation and its implementing Community list of air carriers subject to an operating ban within the
rules, provided that they are strictly limited in scope and Community and on informing air transport passengers of the
subject to appropriate Community control. identity of the operating air carrier (OJ L 344, 27.12.2005, p. 15).
19.3.2008 EN Official Journal of the European Union L 79/3

spontaneously reported by the witnesses thereto. Such monitoring the application of this Regulation and of its
reporting would be facilitated by the establishment of a implementing rules, and it should be given the necessary
non-punitive environment, and appropriate measures authority to carry out its tasks.
should be taken by Member States to provide for the
protection of such information and of those who report it.

(23) The Commission and the Member States should be

(17) Results of air accident investigations should be acted upon represented within a Management Board in order to control
as a matter of urgency, in particular when they relate to effectively the functions of the Agency. This Board should
defective aircraft design and/or operational matters, in be entrusted with the necessary powers to establish the
order to ensure consumer confidence in air transport. 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
(18) To help achieve the safety objectives of this Regulation, the
Commission and the Member States. It is desirable that the
Community should be given powers to impose financial
Agency assist the Community and its Member States in the
penalties on holders of certificates and approvals issued by
field of international relations, including the harmonisation
the Agency. In accordance with the Community legal order,
of rules, recognition of approvals and technical cooper-
such financial penalties should be imposed by the
ation, and be entitled to establish the appropriate relations
Commission acting upon a recommendation of the Agency. with the aeronautical authorities of third countries and
It should be underlined that through the introduction of international organisations competent in matters covered
financial penalties the Commission will be able to give a by this Regulation.
more nuanced, flexible and graduated response to a breach
of the rules, compared to the withdrawal of a certificate.

(24) In the interests of transparency, observers from interested

(19) Since all decisions taken by the Commission under this parties should be represented within the Management
Regulation are subject to review by the Court of Justice of Board of the Agency.
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. (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
(20) In order to respond to increasing concerns about the health the Agency should be made by its Executive Director, who
and welfare of passengers during flights, it is necessary to should enjoy a high degree of flexibility to obtain advice
develop aircraft designs which better protect the safety and and to organise the internal functioning of the Agency.
health of passengers. 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.
(21) The objectives of this Regulation may be efficiently
achieved through cooperation with third countries. In such
a case, the provisions of this Regulation and its
implementing rules may be adapted through agreements (26) It is necessary to ensure that parties affected by decisions
concluded by the Community with these countries. In the made by the Agency enjoy the necessary remedies in a
absence of such agreements, Member States should never- manner which is suited to the special character of the field
theless be allowed, subject to appropriate Community of aviation. An appropriate appeal mechanism should be
control, to recognise the approvals granted to foreign set up so that decisions of the Executive Director can be
products, parts and appliances, organisations and personnel subject to appeal to a specialised Board of Appeal, whose
by a third country. 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 (27) In order to guarantee the full autonomy and independence
by this Regulation. It should assist the Commission in the of the Agency, it should be granted an autonomous budget
preparation of the necessary legislation and assist the whose revenue comes essentially from a contribution from
Member States and industry in its implementation. It the Community and from fees paid by the users of the
should be able to issue certification specifications and system. Any financial contribution received by the Agency
guidance material and to make technical findings and issue from Member States, third countries or other entities
certificates as required, it should assist the Commission in should not compromise its independence and impartiality.
L 79/4 EN Official Journal of the European Union 19.3.2008

The Community budgetary procedure should be applicable Council Regulation (EEC) No 3922/91 of 16 December
as far as the Community contribution and any other 1991 on the harmonisation of technical requirements and
subsidies chargeable to the general budget of the European administrative procedures in the field of civil aviation ( 2)
Union are concerned. The auditing of accounts should be and Council Directive 91/670/EEC of 16 December 1991
carried out by the Court of Auditors. 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
(28) Before any local offices of the Agency are set up, general
carried out in accordance with those acts.
rules should be established to clarify what requirements
need to be met and what contribution the Member State
concerned must provide.
(34) This Regulation establishes an appropriate and compre-
hensive framework for the safety of third-country aircraft
(29) Since the objectives of this Regulation, namely the using Community airports. Directive 2004/36/EC of the
establishment and uniform application of common rules European Parliament and of the Council of 21 April 2004
in the field of civil aviation safety and environmental on the safety of third-country aircraft using Community
protection, cannot be sufficiently achieved by the Member airports (4) should therefore be repealed in due course and
States and can therefore, by reason of the Europe-wide without prejudice to the implementing measures on
scope of this Regulation, be better achieved at Community collection of information, ramp inspection and exchange
level, the Community may adopt measures, in accordance of information.
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
beyond what is necessary in order to achieve those (35) This Regulation will apply to any other area related to civil
objectives. aviation safety on the basis of a future proposal in
accordance with the Treaty.

(30) It has been recognised that the involvement of European

countries not Members of the European Union should be
(36) It is necessary to establish appropriate measures to ensure
pursued, so as to ensure a proper pan-European dimension
in order to facilitate the improvement of civil aviation safety both the necessary protection of sensitive safety data and to
throughout Europe. European countries that have con- provide the public with adequate information pertaining to
cluded agreements with the Community to adopt and apply the level of civil aviation safety and environmental
the Community acquis in the field covered by this protection relating thereto, taking into account Regulation
Regulation should be associated with its work in (EC) No 1049/2001 of the European Parliament and of the
accordance with conditions to be agreed in the framework Council of 30 May 2001 regarding public access to
of those agreements. 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
(31) It is a general objective that the transfer of functions and complaint to the Ombudsman or should be capable of
tasks from the Member States, including those resulting being the subject of an action before the Court of Justice,
from their cooperation through the Joint Aviation under Articles 195 and 230 of the Treaty respectively.
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 (37) The measures necessary for the implementation of this
necessary transition. Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers
(32) This Regulation sets common rules in the field of civil conferred on the Commission (6).
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 (38) In particular, power should be conferred on the Commis-
Aviation Safety Agency (1) should therefore be repealed. sion to adopt implementing rules for airworthiness, flight
crew licensing and associated approvals, air operations,
aircraft used by third-country operators, oversight and

(33) This Regulation establishes an appropriate and compre-

(2) OJ L 373, 31.12.1991, p. 4. Regulation as last amended by
hensive framework for the definition and implementation Comission Regulation (EC) No 8/2008 (OJ L 10, 12.1.2008, p. 1).
of common technical requirements and administrative (3) OJ L 373, 31.12.1991, p. 1.
procedures in the field of civil aviation. Annex III to (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 (5) OJ L 145, 31.5.2001, p. 43.
Commission Regulation (EC) No 334/2007 (OJ L 88, 29.3.2007, (6) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/
p. 39). 512/EC (OJ L 200, 22.7.2006, p. 11).
19.3.2008 EN Official Journal of the European Union L 79/5

enforcement, as well as to adopt a regulation on the fees (b) to facilitate the free movement of goods, persons and
and charges of the Agency. Since those measures are of services;
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 (c) to promote cost-efficiency in the regulatory and certifica-
accordance with the regulatory procedure with scrutiny tion processes and to avoid duplication at national and
provided for in Article 5a of Decision 1999/468/EC. European level;

(39) On grounds of efficiency, the normal time-limits for the (d) to assist Member States in fulfilling their obligations under
regulatory procedure with scrutiny should be curtailed for the Chicago Convention, by providing a basis for a
the adaptation of the essential requirements for environ- common interpretation and uniform implementation of
mental protection and for the adoption of the implement- its provisions, and by ensuring that its provisions are duly
ing rules for environmental protection. taken into account in this Regulation and in the rules drawn
up for its implementation;
(40) On grounds of urgency it is necessary to apply the urgency
procedure provided for in Article 5a(6) of Decision 1999/
(e) to promote Community views regarding civil aviation
468/EC for the Commission to decide on the measures
safety standards and rules throughout the world by
taken by Member States in immediate reaction to a safety
establishing appropriate cooperation with third countries
problem, as well as on derogating approvals submitted by
and international organisations;
Member States,

HAVE ADOPTED THIS REGULATION: (f) to provide a level playing field for all actors in the internal
aviation market.
CHAPTER I
3. The means of achieving the objectives set out in paragraphs 1
PRINCIPLES and 2 shall be:

Article 1
(a) the preparation, adoption and uniform application of all
Scope necessary acts;

1. This Regulation shall apply to:

(b) the recognition, without additional requirements, of
certificates, licences, approvals or other documents granted
(a) the design, production, maintenance and operation of to products, personnel and organisations in accordance
aeronautical products, parts and appliances, as well as with this Regulation and its implementing rules;
personnel and organisations involved in the design,
production and maintenance of such products, parts and
appliances; (c) the establishment of an independent European Aviation
Safety Agency (hereinafter referred to as the Agency);
(b) personnel and organisations involved in the operation of
aircraft. (d) the uniform implementation of all necessary acts by the
national aviation authorities and the Agency within their
respective areas of responsibility.
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 Article 3
services have due regard as far as practicable to the objectives of
this Regulation. Definitions

Article 2 For the purposes of this Regulation:

Objectives
(a) ‘continuing oversight’ shall mean the tasks to be conducted
to verify that the conditions under which a certificate has
1. The principal objective of this Regulation is to establish and been granted continue to be fulfilled at any time during its
maintain a high uniform level of civil aviation safety in Europe. period of validity, as well as the taking of any safeguard
measure;
2. Additional objectives are, in the fields covered by this
Regulation, as follows:
(b) ‘Chicago Convention’ shall mean the Convention on
International Civil Aviation and its Annexes, signed in
(a) to ensure a high uniform level of environmental protection; Chicago on 7 December 1944;
L 79/6 EN Official Journal of the European Union 19.3.2008

(c) ‘product’ shall mean an aircraft, engine or propeller; — for a maximum passenger seating configuration
of more than nine, or

(d) ‘parts and appliances’ shall mean any instrument, equip-

ment, mechanism, part, apparatus, appurtenance or — for operation with a minimum crew of at least
accessory, including communications equipment, that is two pilots, or
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 (iii) a tilt rotor aircraft;
propeller;
(k) ‘flight simulation training device’ shall mean any type of
(e) ‘certification’ shall mean any form of recognition that a device in which flight conditions are simulated on the
product, part or appliance, organisation or person complies ground; they include flight simulators, flight training
with the applicable requirements including the provisions devices, flight and navigation procedures trainers and basic
of this Regulation and its implementing rules, as well as the instrument training devices;
issuance of the relevant certificate attesting such compli-
ance;
(l) ‘rating’ shall mean a statement entered on a licence, setting
forth privileges, special conditions or limitations pertaining
(f) ‘qualified entity’ shall mean a body which may be allocated thereto.
a specific certification task by, and under the control and
the responsibility of, the Agency or a national aviation CHAPTER II
authority;
SUBSTANTIVE REQUIREMENTS
(g) ‘certificate’ shall mean any approval, licence or other
document issued as the result of certification; Article 4

Basic principles and applicability

(h) ‘operator’ shall mean any legal or natural person, operating
or proposing to operate one or more aircraft;
1. Aircraft, including any installed product, part and appliance,
which are:
(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 (a) designed or manufactured by an organisation for which the
made available to the public, which is performed under a Agency or a Member State ensures safety oversight; or
contract between an operator and a customer, where the
latter has no control over the operator; (b) registered in a Member State, unless their regulatory safety
oversight has been delegated to a third country and they are
not used by a Community operator; or
(j) ‘complex motor-powered aircraft’ shall mean:

(c) registered in a third country and used by an operator for

(i) an aeroplane: 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
— with a maximum certificated take-off mass
exceeding 5 700 kg, or
(d) registered in a third country, or registered in a Member
State which has delegated their regulatory safety oversight
— certificated for a maximum passenger seating to a third country, and used by a third-country operator
configuration of more than nineteen, or into, within or out of the Community

— certificated for operation with a minimum crew shall comply with this Regulation.
of at least two pilots, or

2. Personnel involved in the operations of aircraft referred to in

— equipped with (a) turbojet engine(s) or more paragraph 1(b), (c) or (d) shall comply with this Regulation.
than one turboprop engine, or

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

(ii) a helicopter certificated: shall comply with this Regulation.

— for a maximum take-off mass exceeding 4. Paragraph 1 shall not apply to aircraft referred to in
3 175 kg, or Annex II.
19.3.2008 EN Official Journal of the European Union L 79/7

5. Paragraphs 2 and 3 shall not apply to aircraft referred to in means shall be recognised through the issuance of an
Annex II, with the exception of aircraft referred to in organisation approval. The privileges granted to the
points (a)(ii), (d) and (h) thereof when used for commercial air approved organisation and the scope of the approval shall
transportation. be specified in the terms of approval;

6. This Regulation shall not affect the rights of third countries (e) organisations responsible for the design and manufacture of
as specified in international conventions, in particular the products, parts and appliances shall demonstrate their
Chicago Convention. 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
Article 5 granted to the approved organisation and the scope of the
approval shall be specified in the terms of approval;

Airworthiness

in addition:
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.
(f) personnel responsible for the release of a product, part or
appliance after maintenance may be required to hold an
appropriate certificate (personnel certificate);
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:
(g) the capability of maintenance training organisations to
discharge the responsibilities associated with their privileges
in relation to the issuance of the certificates referred to in
(a) products shall have a type-certificate. The type-certificate, point (f) may be recognised by the issuance of an approval.
and certification of changes to that 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, 3. Aircraft referred to in Article 4(1)(a) and products, parts and
established to ensure compliance with the essential appliances mounted thereon shall comply with paragraph 2(a),
requirements referred to in paragraph 1, and when it has (b) and (e) of this Article.
no feature or characteristic making it unsafe for operation.
The type-certificate shall cover the product, including all
parts and appliances fitted thereon;
4. By way of derogation from paragraphs 1 and 2:

(b) parts and appliances may be issued with specific certificates

when they are shown to comply with detailed airworthiness (a) a permit to fly may be issued when it is shown that the
specifications established to ensure compliance with the aircraft is capable of performing safely a basic flight. It shall
essential requirements referred to in paragraph 1; be issued with appropriate limitations, in particular to
protect third parties' safety;

(c) each aircraft shall be issued with an individual certificate of

airworthiness when it is shown that it conforms with the (b) a restricted certificate of airworthiness may be issued to
type design approved in its type-certificate and that relevant aircraft for which a type certificate has not been issued
documentation, inspections and tests demonstrate that the according to paragraph 2(a). In this case, the aircraft shall
aircraft is in condition for safe operation. This certificate of be shown to comply with specific airworthiness specifica-
airworthiness shall remain valid as long as it is not tions and deviations from the essential requirements
suspended, revoked or terminated and as long as the referred to in paragraph 1 shall nevertheless ensure
aircraft is maintained in accordance with the essential adequate safety with regard to the purpose. Aircraft eligible
requirements related to continuing airworthiness set out in for these restricted certificates, and limitations for use of
point 1.d of Annex I and the measures referred to in these aircraft, shall be defined according to the measures
paragraph 5; referred to in paragraph 5;

(d) organisations responsible for the maintenance of products, (c) when the number of aircraft of the same type eligible for a
parts and appliances shall demonstrate their capability and restricted certificate of airworthiness so justifies, a restricted
means to discharge the responsibilities associated with their type certificate may be issued and an appropriate type
privileges. Unless otherwise accepted these capabilities and certification basis shall be established.
L 79/8 EN Official Journal of the European Union 19.3.2008

5. The measures designed to amend non-essential elements of (vi) the master minimum equipment list as appropriate
this Article, by supplementing it, shall be adopted in accordance and additional airworthiness specifications for a given
with the regulatory procedure with scrutiny referred to in type of operation to ensure compliance with Article 8;
Article 65(4). Those measures shall specify in particular:

(f) conditions to issue, maintain, amend, suspend or revoke

(a) conditions for establishing and notifying to an applicant the organisation approvals required in accordance with para-
type-certification basis applicable to a product; graph 2(d), (e) and (g) and conditions under which such
approvals need not be requested;

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

detailed airworthiness specifications applicable to parts and (g) conditions to issue, maintain, amend, suspend or revoke
appliances; personnel certificates required in accordance with para-
graph 2(f);

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

specific airworthiness specifications applicable to aircraft (h) responsibilities of the holders of certificates;
eligible for a restricted certificate of airworthiness;

(i) how aircraft referred to in paragraph 1 which are not

(d) conditions for issuing and disseminating mandatory covered by paragraphs 2 or 4 are to show compliance with
information in order to ensure the continuing airworthi- the essential requirements;
ness of products;

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

(e) conditions for issuing, maintaining, amending, suspending compliance with the essential requirements.
or revoking type-certificates, restricted type-certificates,
approval of changes to type-certificates, individual certifi-
cates of airworthiness, restricted certificates of airworthi- 6. When adopting the measures referred to in paragraph 5, the
ness, permits to fly and certificates for products, parts or Commission shall take specific care that they:
appliances, including:
(a) reflect the state of the art and the best practices in the field
(i) conditions on the duration of these certificates, and of airworthiness;
conditions to renew certificates when a limited
duration is fixed;
(b) take into account worldwide aircraft experience in service,
and scientific and technical progress;
(ii) restrictions applicable to the issue of permits to fly.
These restrictions should in particular concern the
following: (c) allow for immediate reaction to established causes of
accidents and serious incidents;

— purpose of the flight,

(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-
— airspace used for the flight,
tions of Member States.

— qualification of flight crew,

Article 6

— carriage of persons other than flight crew; Essential requirements for environmental protection

1. Products, parts and appliances shall comply with the

(iii) aircraft eligible for restricted certificates of airworthi- environmental protection requirements contained in Amend-
ness, and associated restrictions; 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.
(iv) the minimum syllabus of maintenance certifying staff
type rating training to ensure compliance with
paragraph (2)(f); 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
(v) the minimum syllabus of pilot type rating and the Convention and its Annexes which enter into force after the
qualification of associated simulators to ensure adoption of this Regulation and which become applicable in all
compliance with Article 7; Member States, shall, in so far as such adaptations do not
19.3.2008 EN Official Journal of the European Union L 79/9

broaden the scope of this Regulation, be adopted in accordance their privileges in relation to the issuance of licenses and medical
with the regulatory procedure with scrutiny referred to in certificates shall be recognised by the issuance of an approval.
Article 65(5).

Pilot training organisations or aero-medical centres shall be

3. The measures designed to amend non-essential elements of issued an approval when they comply with the rules established
the requirements referred to in paragraph 1, by supplementing to ensure compliance with the relevant essential requirements as
them, shall, using as necessary the content of the Appendices laid down in Annex III.
referred to in paragraph 1, be adopted in accordance with the
regulatory procedure with scrutiny referred to in Article 65(5).
The privileges granted by the approvals shall be specified
thereon.
Article 7

Pilots 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
1. Pilots involved in the operation of aircraft referred to in established to ensure compliance with the relevant essential
Article 4(1)(b) and (c), as well as flight simulation training requirements as laid down in Annex III.
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
5. Persons responsible for providing flight training or flight
Annex III.
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
2. Except when under training, a person may only act as a pilot complies with the rules established to ensure compliance with
if he or she holds a licence and a medical certificate appropriate the relevant essential requirements as laid down in Annex III.
to the operation to be performed.

The privileges granted by the certificate shall be specified therein.

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. 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 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 (a) the different ratings for pilots' licences and the medical
examiners or by aero-medical centres. certificates adequate for the different types of activities
performed;

Notwithstanding the third subparagraph, in the case of a leisure

pilot licence a general medical practitioner who has sufficient (b) the conditions for issuing, maintaining, amending, limiting,
detailed knowledge of the applicant's medical background may, if suspending or revoking licences, ratings for licences,
so permitted under national law, act as an aero-medical medical certificates, approvals and certificates referred to
examiner, in accordance with detailed implementing rules in paragraphs 2, 3, 4 and 5, and the conditions under
adopted pursuant to the procedure referred to in Article 65(3); which such certificates and approvals need not be
these implementing rules shall ensure that the level of safety is requested;
maintained.

(c) the privileges and responsibilities of the holders of licences,

The privileges granted to the pilot and the scope of the licence ratings for licences, medical certificates, approvals and
and the medical certificate shall be specified in such licence and certificates referred to in paragraphs 2, 3, 4 and 5;
certificate.

(d) the conditions for the conversion of existing national pilots'

The requirements of the second and third subparagraphs may be licences and of national flight engineers' licences into pilots'
satisfied by the acceptance of licences and medical certificates licences as well as the conditions for the conversion of
issued by or on behalf of a third country as far as pilots involved national medical certificates into commonly recognised
in the operation of aircraft referred to in Article 4(1)(c) are medical certificates;
concerned.

(e) without prejudice to the provisions of bilateral agreements

3. The capability of pilot training organisations and of aero- concluded in accordance with Article 12, the conditions for
medical centres to discharge the responsibilities associated with the acceptance of licences from third countries;
L 79/10 EN Official Journal of the European Union 19.3.2008

(f) how pilots of aircraft referred to in points (a)(ii), (d) and (f) (b) conditions for issuing, maintaining, amending, limiting,
of Annex II, when used for commercial air transportation, suspending or revoking the certificates referred to in
comply with the relevant essential requirements of paragraph 2 and the conditions under which a certificate
Annex III. 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;
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 (c) privileges and responsibilities of the holders of certificates;
progress, in the field of pilot training.

Such measures shall also include provisions for the issuance of all (d) conditions and procedures for the declaration by, and for
types of pilot licences and ratings required under the Chicago the oversight of, operators referred to in paragraph 3 and
Convention, and of a leisure pilot licence covering non- the conditions under which a declaration shall be replaced
commercial activities involving aircraft with a maximum by a demonstration of capability and means to discharge
certificated take off mass of 2 000 kg or less and which do the responsibilities associated with the privileges of the
not meet any of the criteria referred to in Article 3(j). operator recognised by the issuance of a certificate;

Article 8 (e) conditions for issuing, maintaining, amending, limiting,

suspending or revoking the cabin crew attestation referred
Air operations to in paragraph 4;

1. The operation of aircraft referred to in Article 4(1)(b) and (c)

shall comply with the essential requirements laid down in (f) conditions under which operations shall be prohibited,
Annex IV. limited or subject to certain conditions in the interest of
safety;

2. Unless otherwise determined in the implementing rules,

operators engaged in commercial operations shall demonstrate (g) how operations of aircraft referred to in points (a)(ii), (d)
their capability and means of discharging the responsibilities and (h) of Annex II, when used for commercial air
associated with their privileges. These capabilities and means transportation, comply with the relevant essential require-
shall be recognised through the issuance of a certificate. The ments of Annex IV.
privileges granted to the operator and the scope of the operations
shall be specified in the certificate.
6. The measures referred to in paragraph 5 shall:
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 — reflect the state of the art and the best practices in the field
of discharging the responsibilities associated with the operation of air operations,
of that aircraft.

— define different types of operations and allow for related

4. Cabin crew involved in the operation of aircraft referred to requirements and compliance demonstrations proportion-
in Article 4(1)(b) and (c) shall comply with the essential ate to the complexity of operations and the risk involved,
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 — take into account worldwide aircraft experience in service,
in Regulation (EC) No 1899/2006 of the European Parliament and scientific and technical progress,
and of the Council of 12 December 2006 amending Council
Regulation (EEC) No 3922/91 (1); at the discretion of the
Member State, such attestation may be issued by approved
operators or training organisations. — 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
5. The measures designed to amend non-essential elements of and administrative procedures specified in Annex III to
this Article, by supplementing it, shall be adopted in accordance Regulation (EEC) No 3922/91,
with the regulatory procedure with scrutiny referred to in
Article 65(4). Those measures shall specify in particular:
— be based on a risk assessment and shall be proportional to
the scale and scope of the operation,
(a) conditions to operate an aircraft in compliance with the
essential requirements laid down in Annex IV;
— allow for immediate reaction to established causes of
(1) OJ L 377, 27.12.2006, p. 1. accidents and serious incidents,
19.3.2008 EN Official Journal of the European Union L 79/11

— not impose on aircraft referred to in Article 4(1)(c) (d) privileges and responsibilities of the holders of authorisa-
requirements which would be incompatible with the ICAO tions;
obligations of Member States.

(e) conditions and procedures for the declaration by, and for
Article 9 the oversight of, operators referred to in paragraph 3;

Aircraft used by a third-country operator into, within or (f) conditions under which operations shall be prohibited,
out of the Community limited or subject to certain conditions in the interest of
safety in accordance with Article 22(1).
1. Aircraft referred to in Article 4(1)(d), as well as their crew
and their operations, shall comply with applicable ICAO 5. When adopting the measures referred to in paragraph 4, the
Standards. To the extent that there are no such standards, these Commission shall take specific care that:
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 (a) use is made, as appropriate, of ICAO recommended
international conventions. practices and guidance documents;

(b) no requirement exceeds what is required from aircraft

2. Operators engaged in commercial operations using aircraft
referred to in Article 4(1)(b), and from the operators of
referred to in paragraph 1 shall demonstrate their capability and
such aircraft;
means of complying with the requirements specified in
paragraph 1.
(c) use is made, where appropriate, of measures issued in
accordance with Articles 5(5) and 8(5);
The requirement referred to in the first subparagraph may be
satisfied by acceptance of certificates issued by or on behalf of a
third country. (d) the process by which authorisations are obtained is simple,
proportionate, cost-effective and efficient in all cases,
allowing for requirements and compliance demonstrations
The capabilities and means referred to in the first subparagraph proportionate to the complexity of operations and the risk
shall be recognised through the issuance of an authorisation. The involved. The process shall in particular take account of:
privileges granted to the operator and the scope of the operations
shall be specified in that authorisation.
(i) results of the ICAO Universal Safety Oversight Audit
Programme;
3. Operators engaged in non-commercial operations of com-
plex motor-powered aircraft using aircraft referred to in (ii) information from ramp inspections and the Safety
paragraph 1 may be required to declare their capability and Assessment of Foreign Aircraft Programme records;
means of discharging the responsibilities associated with the and
operation of that aircraft.

(iii) other recognised information on safety aspects with

4. The measures designed to amend non-essential elements of regard to the operator concerned.
this Article, by supplementing it, shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 10
Article 65(4). Those measures shall specify in particular:
Oversight and enforcement
(a) how aircraft referred to in Article 4(1)(d), or crew, which do
not hold a standard ICAO certificate of airworthiness or 1. The Member States, the Commission and the Agency shall
licence, may be authorised to operate into, within or out of cooperate with a view to ensuring that any product, person or
the Community; organisation subject to this Regulation complies with its
provisions and with its implementing rules.

(b) conditions to operate an aircraft in compliance with the 2. For the purposes of the implementation of paragraph 1,
provisions 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
(c) conditions for issuing, maintaining, amending, limiting, of aircraft, to prevent the continuation of an infringement.
suspending or revoking the operator's authorisation
referred to in paragraph 2, taking into account the
certificates issued by the state of registry or the state of 3. For the purposes of the implementation of paragraph 1, the
the operator, without prejudice to Regulation (EC) Agency shall conduct investigations in accordance with
No 2111/2005 and its implementing rules; Article 24(2) and Article 55.
L 79/12 EN Official Journal of the European Union 19.3.2008

4. In order to facilitate the taking of appropriate enforcement 5. Pending adoption of the measures referred to in Article 8(5),
action by competent authorities, the Member States, the and without prejudice to Article 69(4), certificates which cannot
Commission and the Agency shall exchange information on be issued in accordance with this Regulation may be issued on
identified infringements. the basis of the applicable national regulations or, where
applicable, on the basis of the relevant requirements of
Regulation (EEC) No 3922/91.
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 6. The provisions of this Article shall be without prejudice to
Article 65(4). Those measures shall specify in particular: Regulation (EC) No 2111/2005 and its implementing rules.

(a) conditions for the collection, exchange and dissemination

of information; Article 12

Acceptance of third-country certification

(b) conditions for conducting ramp inspections, including
systematic ones;
1. By way of derogation from the provisions of this Regulation
and its implementing rules, the Agency or the aviation
(c) conditions for the grounding of aircraft that do not comply authorities in the Member State may issue certificates on the
with the requirements of this Regulation or its implement- basis of certificates issued by aeronautical authorities of a third
ing rules. country, as provided for in recognition agreements between the
Community and that third country.

Article 11
2. (a) In the absence of an agreement concluded by the
Recognition of certificates 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
1. Member States shall, without further technical requirements an agreement concluded by that Member State with the
or evaluation, recognise certificates issued in accordance with third country in question before the entry into force of the
this Regulation. When the original recognition is for a particular related provisions of this Regulation and notified to the
purpose or purposes, any subsequent recognition shall cover Commission and the other Member States. The Agency
only the same purpose or purposes. 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.
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
(b) If the Commission considers that:
in accordance with this Regulation effectively complies with this
Regulation and its implementing rules.

— the provisions of an agreement between a Member

In case of non-compliance or ineffective compliance, the State and a third country would not provide for a
Commission shall require the issuer of a certificate to take level of safety equivalent to that specified by this
appropriate corrective action and safeguard measures, such as Regulation and its implementing rules, and/or
limitation or suspension of the certificate. Moreover, the
provisions of paragraph 1 shall cease to apply to the certificate
from the date of the notification of the Commission's decision to — such agreement would discriminate among Member
the Member States. States without compelling safety reasons or is
contrary to Community foreign policy vis-à-vis a
third country,
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
compliance and that the safeguard measures are no longer it may, in accordance with the procedure laid down in
necessary, it shall decide that the provisions of paragraph 1 apply Article 65(2), require the Member State concerned to
again to this certificate. These provisions shall apply as from the modify the agreement, to suspend its application or to
date of the notification of this decision to the Member States. renounce it, in accordance with Article 307 of the Treaty.

4. Pending adoption of the measures referred to in (c) Member States shall take the necessary measures to
Articles 5(5), 7(6) and 9(4), and without prejudice to Arti- renounce agreements as soon as possible after the entry
cle 69(4), certificates which cannot be issued in accordance with into force of an agreement between the Community and
this Regulation may be issued on the basis of the applicable the third country in question, for those domains covered
national regulations. by that latter agreement.
19.3.2008 EN Official Journal of the European Union L 79/13

Article 13 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.
Qualified entities

When allocating a specific certification task to a qualified entity, 5. The Agency shall assess whether the exemptions notified by
the Agency or the national aviation authority concerned shall a Member State are less restrictive than the applicable
ensure that such entity comply with the criteria laid down in Community provisions and, within one month of being notified
Annex V. 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.
Article 14

Flexibility provisions 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
1. The provisions of this Regulation and of its implementing exemption in accordance with the procedure referred to in
rules shall not prevent a Member State from reacting Article 65(7). In such a case, the Member State concerned shall
immediately to a safety problem which involves a product, revoke the exemption.
person or organisation subject to the provisions of this
Regulation.
6. Where an equivalent level of protection to that attained by
the application of the rules implementing this Regulation can be
The Member State shall immediately notify the Agency, the achieved by other means, Member States may, without
Commission and the other Member States of the measures taken discrimination on grounds of nationality, grant an approval
and the reasons therefor. derogating from those implementing rules.

In such cases, the Member State concerned shall notify the

2. (a) The Agency shall assess whether the safety problem can be Agency and the Commission that it intends to grant such an
addressed within the powers conferred on it in accordance approval, and shall give reasons demonstrating the need to
with Article 18(d). In this case it shall, within one month derogate from the rule concerned, as well as the conditions laid
of being notified pursuant to paragraph 1, take the down to ensure that an equivalent level of protection is achieved.
appropriate decision.

7. Within two months of being notified in accordance with

(b) If the Agency concludes that the safety problem cannot be paragraph 6, the Agency shall issue a recommendation in
addressed in accordance with point (a), it shall, within the accordance with Article 18(b) on whether an approval proposed
period referred to in that point, issue a recommendation in accordance with paragraph 6 fulfils the conditions laid down
in accordance with Article 18(b) as to whether this in that paragraph.
Regulation or its implementing rules should be amended
and whether the notified measures should be withdrawn
or maintained.
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
3. The measures designed to amend non-essential elements of regulatory procedure with scrutiny referred to in Article 65(6)
this Regulation, inter alia, by supplementing it, and relating to within one month of receiving the Agency's recommendation. In
whether an inadequate level of safety or a shortcoming in this such a case, the Commission shall notify its decision to all
Regulation or its implementing rules justify initiating their Member States, which shall also be entitled to apply that
amendment and whether the measures adopted pursuant to measure. The provisions of Article 15 shall apply to the measure
paragraph 1 may be continued, shall be adopted in accordance in question.
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 15
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. Information network

1. The Commission, the Agency and the national aviation

4. Member States may grant exemptions from the substantive authorities shall exchange any information available to them in
requirements laid down in this Regulation and its implementing the context of the application of this Regulation and its
rules in the event of unforeseen urgent operational circumstances implementing rules. Entities entrusted with the investigation of
or operational needs of a limited duration, provided the level of civil aviation accidents and incidents, or with the analysis of
safety is not adversely affected. The Agency, the Commission and occurrences, are entitled to access to that information.
L 79/14 EN Official Journal of the European Union 19.3.2008

2. Without prejudice to the public's right of access to the This rule shall not apply in cases of gross negligence.
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 4. This Article shall apply without prejudice to national rules
dissemination to interested parties on its own initiative of the relating to access to information by judicial authorities.
information referred to in paragraph 1 of this Article. These
measures, which may be generic or individual, shall be based on
the need: CHAPTER III

THE EUROPEAN AVIATION SAFETY AGENCY

(a) to provide persons and organisations with the information
they need to improve aviation safety; SECTION I

Tasks
(b) to limit the dissemination of information to what is strictly
required for the purpose of its users, in order to ensure
Article 17
appropriate confidentiality of that information.
Establishment and functions of the Agency
3. The national aviation authorities shall, in accordance with
their national legislation, take necessary measures to ensure 1. For the purpose of the implementation of this Regulation, a
appropriate confidentiality of the information received by them European Aviation Safety Agency shall be established.
pursuant to paragraph 1.
2. For the purposes of ensuring the proper functioning and
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), (a) undertake any task and formulate opinions on all matters
this safety review shall contain an analysis of all information covered by Article 1(1);
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 (b) assist the Commission by preparing measures to be taken
be revealed. 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-
Article 16 tion with the Agency. The Agency shall also provide the
Commission with the necessary technical, scientific and
administrative support to carry out its tasks;
Protection of the source of information

1. Where the information referred to in Article 15(1) is (c) take the necessary measures within the powers conferred
provided by a natural person on a voluntary basis to the on it by this Regulation or other Community legislation;
Commission or the Agency, the source of such information shall
not be revealed. When the information has been provided to a (d) conduct inspections and investigations as necessary to fulfil
national authority, the source of such information shall be its tasks;
protected in accordance with national legislation.

(e) in its fields of competence, carry out, on behalf of Member

2. Without prejudice to applicable rules of criminal law, States, functions and tasks ascribed to them by applicable
Member States shall refrain from instituting proceedings in international conventions, in particular the Chicago Con-
respect of unpremeditated or unintentional infringements of the vention.
law which come to their attention only because they have been
reported pursuant to this Regulation and its implementing rules.
Article 18

Agency measures
This rule shall not apply in cases of gross negligence.
The Agency shall, where appropriate:
3. Without prejudice to applicable rules of criminal law, and in
accordance with the procedures set out in national law and (a) issue opinions addressed to the Commission;
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 (b) issue recommendations addressed to the Commission for
employer. the application of Article 14;
19.3.2008 EN Official Journal of the European Union L 79/15

(c) issue certification specifications, including airworthiness operation render any of the airworthiness code provisions
codes and acceptable means of compliance, as well as any inadequate or inappropriate to ensure conformity with
guidance material for the application of this Regulation and essential requirements;
its implementing rules;

(b) for each product for which a restricted certificate of

(d) take the appropriate decisions for the application of airworthiness is requested, establish and notify the specific
Articles 20, 21, 22, 23, 54 and 55; airworthiness specifications;

(e) issue the reports following standardisation inspections (c) for each part or appliance for which a certificate is
carried out pursuant to Articles 24(1) and 54. requested, establish and notify the detailed airworthiness
specifications;

Article 19
(d) for each product for which environmental certification is
Opinions, certification specifications and guidance material required in accordance with Article 6, establish and notify
the appropriate environmental requirements;
1. In order to assist the Commission in the preparation of
proposals for basic principles, applicability and essential
requirements to be presented to the European Parliament and (e) conduct, itself or through national aviation authorities or
to the Council and the adoption of the implementing rules, the qualified entities, investigations associated with products,
Agency shall prepare drafts thereof. These drafts shall be parts and appliances certification;
submitted by the Agency as opinions to the Commission.

(f) issue the appropriate type-certificates or associated changes;

2. The Agency shall, in accordance with Article 52 and the
implementing rules adopted by the Commission, develop:
(g) issue certificates for parts and appliances;

(a) certification specifications, including airworthiness codes

and acceptable means of compliance; and (h) issue the appropriate environmental certificates;

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

These documents shall reflect the state of the art and the best
practices in the fields concerned and be updated taking into (j) ensure the continuing airworthiness functions associated
account worldwide aircraft experience in service, and scientific with the products, parts and appliances which are under its
and technical progress. oversight, including reacting without undue delay to a
safety problem and issuing and disseminating the applicable
mandatory information;
Article 20

Airworthiness and environmental certification (k) for aircraft for which a permit to fly is to be issued,
establish airworthiness standards and procedures to comply
with Article 5(4)(a);
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 (l) issue permits to fly to aircraft for the purpose of
design, manufacture or registry when related to design approval. certification under the control of the Agency, in agreement
To that end, it shall in particular: with the Member State in which the aircraft is registered or
is to be registered.

(a) for each product for which a type-certificate or a change to

a type-certificate is requested, establish and notify the type- 2. With regard to organisations, the Agency shall:
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 (a) conduct, itself or through national aviation authorities or
detailed technical specifications necessary when the design qualified entities, inspections and audits of the organisa-
features of a particular product or the experience in tions it certifies;
L 79/16 EN Official Journal of the European Union 19.3.2008

(b) issue and renew the certificates of: (iii) flight simulation training devices located outside the
territory of the Member States;

(i) design organisations; or

(c) amend, limit, suspend or revoke the relevant certificate
when the conditions according to which it was issued are
(ii) production organisations located within the territory
no longer fulfilled, or if the legal or natural person holding
of the Member States, if requested by the Member
the certificate fails to fulfil the obligations imposed on it by
State concerned; or
this Regulation or its implementing rules.

(iii) production and maintenance organisations located

outside the territory of the Member States; Article 22

(c) amend, suspend or revoke the relevant organisation Air operation certification
certificate when the conditions according to which it was
issued are no longer fulfilled, or if the organisation
concerned fails to fulfil the obligations imposed on it by 1. The Agency shall react without undue delay to a problem
this Regulation or its implementing rules. affecting the safety of air operations by determining corrective
action and by disseminating related information, including to the
Member States.
Article 21

Pilot certification 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) the Agency shall issue the applicable certification specifica-
tions to ensure compliance with essential requirements and,
as appropriate, the related implementing rules. Initially, the
(a) conduct, itself or through national aviation authorities or implementing rules shall include all substantive provisions
qualified entities, investigations and audits of the organisa- of Subpart Q of Annex III to Regulation (EEC) No 3922/91,
tions it certifies and, where relevant, their personnel; taking into account the latest scientific and technical
evidence;

(b) issue and renew the certificates of pilot training organisa-

tions and aero-medical centres located outside the territory
(b) a Member State may approve individual flight time
of the Member States and, where relevant, their personnel;
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
(c) amend, limit, suspend or revoke the relevant certificate Commission and the other Member States that it intends to
when the conditions according to which it was issued by it grant approval for such an individual scheme;
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.
(c) upon notification the Agency shall, within one month,
assess the individual scheme on the basis of a scientific and
2. With regard to the flight simulation training devices referred medical evaluation. Thereafter the Member State concerned
to in Article 7(1), the Agency shall: 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
(a) conduct, itself or through national aviation authorities or changes, it may grant the approval accordingly;
qualified entities, technical inspections of the devices it
certifies;
(d) in the event of unforeseen urgent operational circumstances
or operational needs of limited duration and non-repetitive
(b) issue and renew the certificates of:
nature, derogations to certification specifications may apply
provisionally until the Agency expresses its opinion;
(i) flight simulation training devices used by training
organisations certified by the Agency; or
(e) should a Member State disagree with the Agency's
conclusions concerning an individual scheme, it shall refer
(ii) flight simulation training devices located within the the issue to the Commission to decide whether that scheme
territory of the Member States, if requested by the complies with the safety objectives of this Regulation, in
Member State concerned; accordance with the procedure referred to in Article 65(3);
19.3.2008 EN Official Journal of the European Union L 79/17

(f) the contents of individual schemes which are acceptable to 5. The working methods of the Agency for conducting the
the Agency, or on which the Commission has taken a tasks referred to in paragraphs 1, 3 and 4 shall be subject to
positive decision in accordance with point (e), shall be requirements to be adopted in accordance with the procedure
published. referred to in Article 65(2), taking into account the principles
laid down in Articles 52 and 53.

Article 23
Article 25
Third-country operators

1. With regard to operators of aircraft referred to in Article 4 Fines and periodic penalty payments
(1)(d) engaged in commercial operations, the Agency shall:
1. Without prejudice to Articles 20 and 55, at the Agency's
(a) conduct, itself or through national aviation authorities or request the Commission may:
qualified entities, investigations and audits;

(b) issue and renew the authorisations referred to in Article 9 (a) impose on the persons and the undertakings to which the
(2), unless a Member State carries out the functions and Agency has issued a certificate, fines, where, intentionally or
tasks of the state of operator in respect of these operators; negligently, the provisions of this Regulation and its
implementing rules have been breached;

(c) amend, limit, suspend or revoke the relevant authorisation

when the conditions according to which it was issued by it (b) impose, on the persons and undertakings to which the
are no longer fulfilled, or if the organisation concerned fails Agency has issued a certificate, periodic penalty payments,
to fulfil the obligations imposed on it by this Regulation or calculated from the date set in the decision, in order to
its implementing rules. compel those persons and undertakings to comply with the
provisions of this Regulation and 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:
2. The fines and periodic penalty payments referred to in
paragraph 1 shall be dissuasive and proportionate to both the
(a) receive the declarations referred to in Article 9(3); and 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
(b) conduct, itself or through national aviation authorities or
shall not exceed 4 % of the annual income or turnover of the
qualified entities, the oversight of operators from which it
certificate holder. The amount of the periodic penalty shall not
has received a declaration.
exceed 2,5 % of the average daily income or turnover of the
certificate holder.
3. With regard to aircraft referred to in Article 4(1)(d), the
Agency shall issue authorisations in accordance with Article 9(4)
(a). 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
Article 24 particular:

Monitoring the application of the rules

(a) detailed criteria for establishing the amount of the fine or
1. The Agency shall conduct standardisation inspections in the periodic penalty payment; and
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.
(b) procedures for enquiries, associated measures and report-
ing, as well as rules of procedure for decision-making,
2. The Agency shall conduct investigations of undertakings to including provisions on rights of defence, access to file,
monitor the application of this Regulation and its implementing legal representation, confidentiality and temporal provi-
rules. sions and the quantification and collection of fines and
periodic penalty payments.
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 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
4. The Agency shall be consulted on, and issue recommenda- cancel, reduce or increase the fine or periodic penalty payment
tions to the Commission for, the application of Article 14. imposed.
L 79/18 EN Official Journal of the European Union 19.3.2008

5. Decisions taken pursuant to paragraph 1 shall not be of a 3. The Agency may establish its own local offices in the
criminal law nature. Member States, subject to their consent.

Article 26 4. The Agency shall be represented by its Executive Director.

Research
Article 29

1. The Agency may develop and finance research in so far as is

strictly related to the improvement of activities in its field of Staff
competence, without prejudice to Community law.
1. The Staff Regulations of Officials of the European Commu-
nities, the Conditions of Employment of Other Servants of the
2. The Agency shall coordinate its research and development European Communities and the rules adopted jointly by the
activities with those of the Commission and the Member States institutions of the European Communities for purposes of the
so as to ensure that policies and actions are mutually consistent. 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
3. The results of research funded by the Agency shall be the members of the Board of Appeal.
published, provided the Agency does not classify them as
confidential.
2. Without prejudice to Article 42, the powers conferred on
the appointing authority by the Staff Regulations and the
Article 27 Conditions of Employment shall be exercised by the Agency in
respect of its own staff.
International relations
3. The Agency's staff shall consist of a strictly limited number
1. The Agency shall assist the Community and the Member of officials assigned or seconded by the Commission or Member
States in their relations with third countries in accordance with States to carry out management duties. The remaining staff shall
the relevant Community law. It shall, in particular, assist in the consist of other employees recruited by the Agency as necessary
harmonising of rules and mutual recognition regarding to carry out its tasks.
approvals attesting the satisfactory application of rules.

Article 30
2. The Agency may cooperate with the aeronautical authorities
of third countries and the international organisations competent
Privileges and immunities
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 The Protocol on the Privileges and Immunities of the European
arrangements shall have received the Commission's prior Communities annexed to the Treaties establishing the European
approval. Community and the European Atomic Energy Community shall
apply to the Agency.

3. The Agency shall assist Member States to respect their

international obligations, in particular those under the Chicago Article 31
Convention.
Liability
SECTION II
1. The contractual liability of the Agency shall be governed by
the law applicable to the contract in question.
Internal structure

Article 28 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.
Legal status, location, local offices

1. The Agency shall be a body of the Community. It shall have 3. In the case of non-contractual liability, the Agency shall, in
legal personality. 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.
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 4. The Court of Justice of the European Communities shall
and immovable property and may be a party to legal have jurisdiction in disputes relating to compensation for any
proceedings. damage as referred to in paragraph 3.
19.3.2008 EN Official Journal of the European Union L 79/19

5. The personal liability of its servants towards the Agency (d) adopt guidelines for the allocation of certification tasks to
shall be governed by the provisions laid down in the Staff national aviation authorities and qualified entities in
Regulations or Conditions of Employment applicable to them. agreement with the Commission;

Article 32 (e) establish procedures for making decisions by the Executive

Director as referred to in Articles 52 and 53;
Publication of documents
(f) carry out its functions relating to the Agency's budget
1. Without prejudice to decisions taken on the basis of pursuant to Articles 59, 60 and 63;
Article 290 of the Treaty, the following documents shall be
produced in all official languages of the Community: (g) appoint the members of the Board of Appeal pursuant to
Article 41;
(a) the safety review referred to in Article 15(4);
(h) exercise disciplinary authority over the Executive Director
and over the Directors in agreement with the Executive
(b) opinions addressed to the Commission pursuant to Director;
Article 19(1);
(i) give its opinion on the measures relating to fees and charges
(c) the annual general report and programme of work referred as referred to in Article 64(1);
to in Article 33(2)(b) and (c) respectively.
(j) establish its Rules of Procedure;
2. The translation services required for the functioning of the
Agency shall be provided by the Translation Centre for bodies of (k) decide on the linguistic arrangements for the Agency;
the European Union.

(l) complement, where appropriate, the list of documents

Article 33 referred to in Article 32(1);

Powers of the Management Board (m) establish the organisational structure of the Agency and
adopt the Agency's staffing policy.
1. The Agency shall have a Management Board.
3. The Management Board may advise the Executive Director
on any matter strictly related to the strategic development of
2. The Management Board shall: aviation safety, including research as defined in Article 26.

(a) appoint the Executive Director, and the Directors on a 4. The Management Board shall establish an advisory body of
proposal from the Executive Director, in accordance with interested parties, which it shall consult prior to making
Article 39; 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.
(b) adopt the annual general report on the Agency's activities The Management Board shall not be bound by the opinion of the
and forward it by 15 June at the latest to the European advisory body.
Parliament, the Council, the Commission, the Court of
Auditors and the Member States; acting on behalf of the
Agency, it shall forward annually to the European 5. The Management Board may establish working bodies to
Parliament and the Council (hereinafter referred to as assist in carrying out its functions, including the preparation of
budgetary authority) any information relevant to the its decisions and monitoring the implementation thereof.
outcome of the evaluation procedures, in particular,
information concerning the effects or consequences of
changes in the tasks assigned to the Agency; Article 34

Composition of the Management Board

(c) before 30 September each year, and after receiving the
opinion of the Commission, adopt the Agency's pro- 1. The Management Board shall be composed of one
gramme of work for the coming year and forward it to the representative of each Member State and one representative of
European Parliament, the Council, the Commission and the the Commission. Members shall be selected on the basis of their
Member States; this programme of work shall be adopted recognised experience and commitment in the field of civil
without prejudice to the annual Community budgetary aviation, their managerial capabilities and their expertise, which
procedure and the Community legislative programme in are to be used to further the objectives of this Regulation. The
relevant areas of aviation safety; the opinion of the competent committee of the European Parliament shall be fully
Commission shall be attached to the programme of work; informed accordingly.
L 79/20 EN Official Journal of the European Union 19.3.2008

Each Member State shall appoint a member of the Management Article 37

Board as well as an alternate who will represent the member in
his/her absence. The Commission shall also designate its Voting
representative and alternate. The duration of the terms of office
shall be five years. This term of office shall be renewable. 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
2. Where appropriate, the participation of representatives of decision referred to in Article 33(2)(k) shall be taken by
European third countries and the conditions of such participa- unanimity.
tion shall be established in the arrangements referred to in
Article 66.
2. Each member designated pursuant to Article 34(1) shall
have one vote. In the absence of a Member, his/her alternate shall
3. The advisory body referred to in Article 33(4) shall appoint be entitled to exercise his/her right to vote. Neither observers nor
four of its members to participate as observers in the Manage- the Executive Director of the Agency shall vote.
ment Board. They shall represent, as broadly as possible, the
different views represented in the advisory body. The duration of 3. The Rules of Procedure shall establish more detailed voting
their term of office shall be 30 months, renewable once. arrangements, in particular the conditions under which a
member may act on behalf of another member as well as any
quorum requirements, where appropriate.
Article 35
Article 38
Chairmanship of the Management Board
Functions and powers of the Executive Director
1. The Management Board shall elect a Chairperson and a
Deputy Chairperson from among its members. The Deputy 1. The Agency shall be managed by its Executive Director, who
Chairperson shall ex officio replace the Chairperson in the event shall be completely independent in the performance of his/her
of his/her being prevented from attending to his/her duties. 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
2. The terms of office of the Chairperson and Deputy any other body.
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 2. The European Parliament or the Council may invite the
be three years. These terms of office shall be renewable once. Executive Director to report on the carrying out of his/her tasks.

3. The Executive Director shall have the following functions

Article 36 and powers:

Meetings (a) to approve the measures of the Agency as defined in

Article 18 within the limits specified by this Regulation, its
1. Meetings of the Management Board shall be convened by its implementing rules and any applicable law;
Chairperson.
(b) to decide on inspections and investigations as provided for
in Articles 54 and 55;
2. The Executive Director of the Agency shall take part in the
deliberations.
(c) to allocate certification tasks to national aviation authorities
or qualified entities according to guidelines set by the
3. The Management Board shall hold at least two ordinary Management Board;
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. (d) to undertake any international functions and technical
cooperation with third countries pursuant to Article 27;
4. The Management Board may invite any person whose
opinion might be of interest to attend its meetings as an (e) to take all necessary steps, including the adoption of
observer. internal administrative instructions and the publication of
notices, to ensure the functioning of the Agency in
accordance with the provisions of this Regulation;
5. The members of the Management Board may, subject to the
provisions of its Rules of Procedure, be assisted by advisers or
(f) to prepare each year a draft general report and submit it to
experts.
the Management Board;

6. The secretariat of the Management Board shall be provided (g) to exercise in respect of the Agency's staff the powers laid
by the Agency. down in Article 29(2);
19.3.2008 EN Official Journal of the European Union L 79/21

(h) to draw up estimates of the revenues and expenditure of the Article 41

Agency pursuant to Article 59, and to implement the
budget pursuant to Article 60; Composition of the Boards of Appeal

(i) to delegate his/her powers to other members of the 1. A Board of Appeal shall consist of a Chairperson and two
Agency's staff subject to rules to be adopted in accordance other members.
with the procedure referred to in Article 65(2);
2. The Chairperson and the other members shall have
(j) with the consent of the Management Board, to take alternates to represent them in their absence.
decisions regarding the establishment of local offices in the
Member States in accordance with Article 28(3);
3. The Chairperson, the other members and their alternates
shall be appointed by the Management Board from a list of
(k) to prepare and to implement the annual programme of qualified candidates adopted by the Commission.
work;

4. Where the Board of Appeal considers that the nature of the

(l) to respond to requests for assistance from the Commission. appeal so requires, it may call up to two further members from
the list referred to in paragraph 3.
Article 39
5. The qualifications required for the members of each Board
Appointment of senior officials
of Appeal, the powers of individual members in the preparatory
phase of decisions and the voting conditions shall be determined
1. The Executive Director shall be appointed on grounds of by the Commission acting in accordance with the procedure
merit and of documented competence and experience relevant referred to in Article 65(3).
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 Article 42
three-quarters majority of its members. Before being appointed,
the candidate selected by the Management Board may be asked to Members of the Board of Appeal
make a declaration before the competent committee or
committees of the European Parliament and answer questions
1. The term of office of the members of a Board of Appeal,
from its, or their, members.
including the Chairperson and any alternates, shall be five years.
This term shall be renewable.
2. The Executive Director may be assisted by one or more
Directors. If the Executive Director is absent or indisposed, one
of the Directors shall take his/her place. 2. The members of a Board of Appeal shall be independent. In
making their decisions they shall not be bound by any
instructions.
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 3. The members of a Board of Appeal may not perform any
Board on a proposal from the Executive Director. other duties within the Agency. The members of a Board of
Appeal may work on a part-time basis.
4. The terms of office of the Executive Director and the
Directors shall be five years. The term of office of the Directors 4. The members of a Board of Appeal may not be removed
shall be renewable and the term of office of the Executive from office or from the list of qualified candidates during their
Director shall be renewable only once. 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 40

Powers of the Boards of Appeal Article 43

1. One or more Boards of Appeal shall be established within Exclusion and objection
the Agency.
1. The members of a Board of Appeal may not take part in any
2. The Board or Boards of Appeal shall be responsible for appeal proceedings if they have any personal interest therein, if
deciding on appeals against the decisions referred to in Article 44. 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 2. If, for one of the reasons listed in paragraph 1 or for any
allocated to it or them shall be determined by the Commission other reason, a member of a Board of Appeal considers that he/
acting in accordance with the procedure referred to in Article 65 she should not take part in any appeal proceeding, he/she shall
(3). inform the Board of Appeal accordingly.
L 79/22 EN Official Journal of the European Union 19.3.2008

3. Members of a Board of Appeal may be objected to by any 2. If the decision is not rectified within one month after receipt
party to the appeal proceedings on any of the grounds given in of the statement of grounds for the appeal, the Agency shall
paragraph 1, or if any such member is suspected of partiality. forthwith decide whether or not to suspend the application of
Any such objection shall not be admissible if, while being aware the decision pursuant to the second sentence of Article 44(2),
of a reason for objecting, the party to the appeal proceedings has and shall remit the appeal to the Board of Appeal.
taken a procedural step. No objection may be based on the
nationality of members.
Article 48
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 Examination of appeals
participation of the member concerned. For the purposes of
taking this decision, the member concerned shall be replaced on 1. If the appeal is admissible, the Board of Appeal shall
the Board of Appeal by his/her alternate. examine whether it is well founded.

Article 44
2. When examining the appeal pursuant to paragraph 1, the
Board of Appeal shall act expeditiously. It shall as often as
Decisions subject to appeal necessary invite the parties to the appeal proceedings to file,
within specified time limits, observations on notifications issued
1. An appeal may be brought against decisions of the Agency by itself or on communications from other parties to the appeal
taken pursuant to Articles 20, 21, 22, 23, 55 or 64. proceedings. Parties to the appeal proceedings shall be entitled to
make oral presentations.

2. An appeal lodged pursuant to paragraph 1 shall not have

suspensory effect. The Agency may, however, if it considers that Article 49
circumstances so permit, suspend the application of the decision
appealed against.
Decisions on appeal

3. An appeal against a decision which does not terminate The Board of Appeal may exercise any power which lies within
proceedings as regards one of the parties may only be made in the competence of the Agency or may remit the case to the
conjunction with an appeal against the final decision, unless the competent body of the Agency. The latter shall be bound by the
decision provides for separate appeal. decision of the Board of Appeal.

Article 45 Article 50

Persons entitled to appeal

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 1. Actions may be brought before the Court of Justice of the
the form of a decision addressed to another person, is of direct European Communities for the annulment of acts of the Agency
and individual concern to the former. The parties to proceedings which are legally binding on third parties, for failure to act and
may be party to the appeal proceedings. for damages caused by the Agency in the course of its activities.

Article 46 2. Actions for the annulment of decisions of the Agency taken

pursuant to Articles 20, 21, 22, 23, 55 or 64 may be brought
Time limit and form before the Court of Justice of the European Communities only
after all appeal procedures within the Agency have been
exhausted.
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 3. The Agency shall take all necessary measures to comply with
absence thereof, of the day on which it came to the knowledge of the judgment of the Court of Justice of the European
the latter, as the case may be. Communities.

Article 47
Article 51
Interlocutory revision
Direct appeal
1. If the Executive Director considers the appeal to be
admissible and well founded, he/she shall rectify the decision. Member States and the Community institutions may lodge a
This shall not apply where the appellant is opposed to another direct appeal before the Court of Justice of the European
party to the appeal proceedings. Communities against decisions of the Agency.
19.3.2008 EN Official Journal of the European Union L 79/23

SECTION III to be informed of the legal remedies available to that person

under this Regulation;
Working methods

Article 52 (d) ensure that the decision contains reasons.

Procedures for the development of opinions, certification

specifications and guidance material 2. The Management Board shall establish procedures specifying
the conditions under which decisions are notified while taking
1. As soon as possible after the entry into force of this due account of the appeal procedure.
Regulation, the Management Board shall establish transparent
procedures for issuing opinions, certification specifications and
guidance material referred to in Article 18(a) and (c). 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
Those procedures shall: take.

(a) draw on expertise available in the aviation regulatory

authorities of Member States; Article 54

(b) whenever necessary, involve appropriate experts from Inspections of Member States
relevant interested parties;
1. Without prejudice to the enforcement powers conferred by
the Treaty on the Commission, the Agency shall assist the
(c) ensure that the Agency publishes documents and consults Commission in monitoring the application of this Regulation
widely with interested parties, according to a timetable and and its implementing rules by conducting standardisation
a procedure which includes an obligation on the Agency to inspections of Member States competent authorities as specified
make a written response to the consultation process. in Article 24(1). The officials authorised under this Regulation,
and those seconded by the national authorities participating in
2. When the Agency, pursuant to Article 19, develops such inspections, are thus empowered, in compliance with the
opinions, certification specifications and guidance material to legal provisions of the Member State concerned:
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 (a) to examine the relevant records, data, procedures and any
designate an expert. other material relevant to the achievement of aviation safety
levels in accordance with this Regulation;
3. Measures referred to in Article 18(a) and (c) and the
procedures established pursuant to paragraph 1 of this Article (b) to take copies of or extracts from such records, data,
shall be published in an official publication of the Agency. procedures and other material;

4. Special procedures shall be established to address immediate

action to be taken by the Agency to react to a safety problem and (c) to ask for an oral explanation on the spot;
to inform the relevant interested parties of the action they are to
take.
(d) to enter any relevant premises, land or means of transport.
Article 53
2. The officials of the Agency authorised for the purpose of the
Procedures for taking decisions inspections referred to in paragraph 1 shall exercise their powers
upon production of an authorisation in writing specifying the
1. The Management Board shall establish transparent proce- subject matter, the purpose of the inspection and the date on
dures for taking individual decisions as provided for in Article 18 which it is to begin. In good time before the inspection, the
(d). Agency shall inform the Member State concerned of the
inspection and of the identity of the authorised officials.
Those procedures shall:
3. The Member State concerned shall submit to the inspections
(a) ensure the hearing of the natural or legal person to be and shall ensure that bodies or persons concerned also submit to
addressed in the decision and of any other party with a them.
direct and individual concern;

4. When an inspection carried out pursuant to this Article

(b) provide for notification of the decision to natural or legal
entails an inspection of an undertaking or an association of
persons and for its publication;
undertakings, the provisions of Article 55 shall apply. Where an
undertaking opposes the inspection, the Member State con-
(c) provide for the natural or legal person to whom the cerned shall afford the necessary assistance to officials authorised
decision is addressed, and any other parties to proceedings, by the Agency to enable them to carry out the inspection.
L 79/24 EN Official Journal of the European Union 19.3.2008

5. Reports drawn up in application of this Article shall be Article 57

made available in the official language or languages of the
Member State where the inspection took place. Annual general report

The annual general report shall describe the way in which the
Article 55 Agency has implemented its annual programme of work. It shall
clearly indicate which of the mandates and tasks of the Agency
Investigation of undertakings have been added, changed or deleted in comparison with the
previous year.
1. The Agency may itself conduct or assign to national aviation
authorities or qualified entities all necessary investigations of The report shall outline the activities carried out by the Agency
undertakings in application of Articles 7, 20, 21, 22, 23 and 24 and evaluate the results thereof with respect to the objectives and
(2). These investigations shall be carried out in compliance with timetable set, the risks associated with those activities, the use of
the legal provisions of the Member States in which they are to be resources and the general operations of the Agency.
undertaken. To that end, the persons authorised under this
Regulation are empowered: Article 58

Transparency and communication

(a) to examine the relevant records, data, procedures and any
other material relevant to the execution of the tasks of the 1. Regulation (EC) No 1049/2001 shall apply to documents
Agency; held by the Agency.

(b) to take copies of or extracts from such records, data, 2. The Agency may communicate on its own initiative in the
procedures and other material; 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
(c) to ask for an oral explanation on site; easily understandable information with regard to its work.

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

(d) to enter relevant premises, lands or means of transport of himself/herself in writing to the Agency in any of the languages
undertakings; referred to in Article 314 of the Treaty. That person shall have
the right to receive an answer in the same language.
(e) to conduct inspections of aircraft in cooperation with
Member States. 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
2. The persons authorised for the purpose of the investigations 2000 on the protection of individuals with regard to the
referred to in paragraph 1 shall exercise their powers upon processing of personal data by the Community institutions and
production of an authorisation in writing specifying the subject bodies and on the free movement of such data (1).
matter and purpose of the investigation.
SECTION IV
3. In good time before the investigation, the Agency shall
Financial requirements
inform the Member State in whose territory the investigation is
to be carried out of the investigation and of the identity of the
Article 59
authorised persons. Officials of the Member State concerned
shall, at the request of the Agency, assist those authorised
Budget
persons to carry out their duties.
1. The revenues of the Agency shall consist of:
Article 56
(a) a contribution from the Community;
Annual programme of work
(b) a contribution from any European third country with
The annual programme of work shall aim to promote the which the Community has concluded agreements as
continuous improvement of European aviation safety and referred to in Article 66;
comply with the objectives, mandates and tasks of the Agency,
as set out in this Regulation. It shall clearly indicate which of the (c) the fees paid by applicants for, and holders of, certificates
mandates and tasks of the Agency have been added, changed or and approvals issued by the Agency;
deleted in comparison with the previous year.
(d) charges for publications, training and any other services
The presentation of the annual programme of work shall be provided by the Agency; and
based on the methodology used by the Commission as part of
Activity-Based Management. (1) OJ L 8, 12.1.2001, p. 1.
19.3.2008 EN Official Journal of the European Union L 79/25

(e) any voluntary financial contribution from Member States, Article 60

third countries or other entities, provided such a contribu-
tion does not compromise the independence and imparti- Implementation and control of the budget
ality of the Agency.
1. The Executive Director shall implement the budget of the
Agency.
2. The expenditure of the Agency shall include staff,
administrative, infrastructure and operational expenses.
2. By 1 March at the latest following each financial year, the
Agency's accounting officer shall communicate the provisional
3. Revenue and expenditure shall be in balance. 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
4. Regulatory budgets and the fees set and collected for consolidate the provisional accounts of the institutions and
certification activities shall be dealt with separately in the decentralised bodies in accordance with Article 128 of Council
Agency's budget. Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on
the Financial Regulation applicable to the general budget of the
European Communities (1).
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 3. By 31 March at the latest following each financial year, the
Agency for the following financial year. 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
6. The statement of estimates referred to in paragraph 4, which financial year. The report on the budgetary and financial
shall include a draft establishment plan together with the management for that financial year shall also be forwarded to
provisional work programme, shall by 31 March at the latest be the European Parliament and the Council.
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. 4. Pursuant 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
7. The statement of estimates shall be forwarded by the shall draw up the Agency's final accounts under his own
Commission to the budgetary authority together with the responsibility and submit them to the Management Board for an
preliminary draft general budget of the European Union. opinion.

8. On the basis of the statement of estimates, the Commission 5. The Management Board shall deliver an opinion on the
shall enter in the preliminary draft general budget of the Agency's final accounts.
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 6. The Executive Director shall, by 1 July at the latest following
authority in accordance with Article 272 of the Treaty. 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 7. The final accounts shall be published.
the establishment plan of the Agency.

8. The Executive Director shall send the Court of Auditors a

10. The budget shall be adopted by the Management Board. It reply to its observations by 30 September at the latest. He shall
shall become final following final adoption of the general budget also send this reply to the Management Board.
of the European Union. Where appropriate, it shall be adjusted
accordingly.
9. The Executive Director shall submit to the European
Parliament, at the latter's request, any information necessary
11. The Management Board shall, as soon as possible, notify for the smooth application of the discharge procedure for the
the budgetary authority of its intention to implement any project financial year in question, as provided for by Article 146(3) of
which may have significant financial implications for the funding Regulation (EC, Euratom) No 1605/2002.
of the budget, in particular any projects relating to property such
as the rental or purchase of buildings. It shall inform the
Commission thereof. 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
Where a branch of the budgetary authority has notified its of the implementation of the budget for year N.
intention to deliver an opinion, it shall forward its opinion to the
Management Board within a period of six weeks from the date of (1) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation
notification of the project. (EC) No 1525/2007(OJ L 343, 27.12.2007, p. 9).
L 79/26 EN Official Journal of the European Union 19.3.2008

Article 61 Article 185 of Council Regulation (EC, Euratom) No 1605/2002

on the Financial Regulation applicable to the general budget of
Combating fraud the European Communities (3) unless such departure is specif-
ically required for the Agency's operation and the Commission
has given its prior consent.
1. In order to combat fraud, corruption and other unlawful
activities, the provisions of Regulation (EC) No 1073/1999 of the
European Parliament and of the Council of 25 May 1999 Article 64
concerning investigations conducted by the European Anti-Fraud
Office (OLAF) (1) shall apply without restriction. Fees and charges regulation

1. The measures designed to amend non-essential elements of

2. The Agency shall accede to the Interinstitutional Agreement this Regulation, by supplementing it, relating to fees and charges
of 25 May 1999 between the European Parliament, the Council shall be adopted in accordance with the regulatory procedure
of the European Union and the Commission of the European with scrutiny referred to in Article 65(4).
Communities concerning internal investigations by the European
Anti-fraud Office (OLAF) (2) and shall issue, without delay, the
appropriate provisions applicable to its staff. 2. The Commission shall consult the Management Board on
the draft of the measures referred to in paragraph 1.

3. Decisions concerning funding and the implementing 3. The measures referred to in paragraph 1 shall determine in
agreements and instruments resulting therefrom shall explicitly particular the matters for which fees and charges pursuant to
state that the Court of Auditors and OLAF may carry out, if Article 59(1)(c) and (d) are due, the amount of the fees and
necessary, on-the-spot checks of the recipients of the Agency's charges and the way in which they are to be paid.
funding and the agents responsible for its allocation.

4. Fees and charges shall be levied for:

Article 62
(a) the issuing and renewal of certificates, as well as the related
Evaluation continuing oversight functions;

1. Within three years from the date of the Agency having taken
(b) the provision of services; they shall reflect the actual cost of
up its duties, and every five years thereafter, the Management
each individual provision;
Board shall commission an independent external evaluation on
the implementation of this Regulation.
(c) the processing of appeals.

2. The evaluation shall examine how effectively the Agency is

fulfilling its mission. It shall also assess the impact of this All fees and charges shall be expressed, and payable, in euro.
Regulation, the Agency and its working practices in establishing
a high level of civil aviation safety. The evaluation shall take into 5. The amount of the fees and charges shall be fixed at such a
account the views of stakeholders at both European and national level as to ensure that the revenue in respect thereof is in
level. 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.
3. The Management Board shall receive the findings of the
evaluation and issue recommendations regarding changes to this
Regulation, the Agency and its working practices to the CHAPTER IV
Commission, which may forward them, together with its own
opinion as well as appropriate proposals, to the European FINAL PROVISIONS
Parliament and to the Council. An action plan with a timetable
shall be included, if appropriate. Both the findings and the Article 65
recommendations of the evaluation shall be made public.
Committee
Article 63
1. The Commission shall be assisted by a committee.

Financial provisions
2. Where reference is made to this paragraph, Articles 3 and 7
of Decision 1999/468/EC shall apply, having regard to the
The financial rules applicable to the Agency shall be adopted by provisions of Article 8 thereof.
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 3. Where reference is made to this paragraph, Articles 5 and 7
framework Financial Regulation for the bodies referred to in 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.
19.3.2008 EN Official Journal of the European Union L 79/27

The period laid down in Article 5(6) of Decision 1999/468/EC to issue certificates and approvals by way of derogation from the
shall be set at one month. provisions of Articles 5, 6, 12 and 20 under the conditions
specified by the Commission in the measures adopted for their
application. When in that context Member States issue
4. Where reference is made to this paragraph, Article 5a(1) to certificates on the basis of certificates issued by third countries,
(4), and Article 7 of Decision 1999/468/EC shall apply, having the measures adopted by the Commission shall give due
regard to the provisions of Article 8 thereof. consideration to the principles laid down in Article 12(2)(b)
and (c).
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
Article 68
apply, having regard to the provisions of Article 8 thereof.

Penalties
The time limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of
Decision 1999/468/EC shall be set at 20 days.
Member States shall lay down penalties for infringement of this
Regulation and its implementing rules. The penalties shall be
6. Where reference is made to this paragraph, Article 5a(1), (2), effective, proportionate and dissuasive.
(4), (5)(b) and (6), and Article 7 of Decision 1999/468/EC shall
apply, having regard to the provisions of Article 8 thereof.
Article 69

7. Where reference is made to this paragraph, Article 6 of

Decision 1999/468/EC shall apply. Repeals

1. Regulation (EC) No 1592/2002 is hereby repealed, without

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

The period provided for in Article 6(b) of Decision 1999/468/EC References made to the repealed Regulation shall be construed as
shall be set at three months. 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 2. Council Directive 91/670/EEC is hereby repealed as from the
take a different decision within a period of three months. entry into force of the measures referred to in Article 7(6).

Article 66 3. Annex III to Regulation (EEC) No 3922/91 shall be deleted

as from the entry into force of the corresponding measures
Participation of European third countries 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- 4. The provisions of Article 11 shall apply to products, parts
tion and which have entered into agreements with the European and appliances, organisations and persons whose certification
Community whereby they adopted and apply Community law in has been performed, or recognised, in accordance with the
the field covered by this Regulation and its implementing rules. 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 5. Directive 2004/36/EC is hereby repealed as from the entry
extent of, and the detailed rules for, the participation by these into force of the measures referred to in Article 10(5) of this
countries in the work of the Agency, including provisions on Regulation, and without prejudice to the implementing rules
financial contributions and staff. referred to in Article 8(2) of that Directive.

Article 67 Article 70

Commencement of the Agency's operation

Entry into force
1. The Agency shall undertake the certification tasks incum-
bent upon it pursuant to Article 20 as from 28 September 2003. This Regulation shall enter into force on the 20th day following
Until that date, Member States shall continue to implement its publication in the Official Journal of the European Union.
applicable legislation and regulations.
Articles 5, 6, 7, 8, 9 and 10 shall apply as from the dates
2. During an additional transition period of 42 months from specified in their respective implementing rules, but not later
the date referred to in paragraph 1, Member States may continue than 8 April 2012.
L 79/28 EN Official Journal of the European Union 19.3.2008

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 For the Council

The President The President
H.-G. PÖTTERING J. LENARČIČ
19.3.2008 EN Official Journal of the European Union L 79/29

ANNEX I

Essential requirements for airworthiness referred to in Article 5

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

1.a. Structures and 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. 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.

1.a.4. 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.

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

1.b.1. The propulsion system must produce, within its stated limits, the thrust or power demanded of it at all required
flight conditions, taking into account environmental effects and conditions.

1.b.2. The fabrication process and materials used in the construction of the propulsion system must result in known and
reproducible structural behaviour. Any changes in material performance related to the 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
L 79/30 EN Official Journal of the European Union 19.3.2008

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 forth each
mandatory replacement time, inspection interval and related inspection procedure.

2. Airworthiness aspects of product operation

2.a. The following must be shown to have been addressed to ensure a satisfactory level of safety for those onboard or
on the ground during the operation of the product:

2.a.1. The kinds of operation for which the aircraft is approved must be established and limitations and information
necessary for safe operation, including environmental limitations and performance, must be established.

2.a.2. The aircraft must be safely controllable and manoeuvrable under all anticipated operating conditions including
following the failure of one or, if appropriate, more propulsion systems. Due account must be taken of pilot
strength, flight deck environment, pilot workload and 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.
19.3.2008 EN Official Journal of the European Union L 79/31

2.a.7. The characteristics of the aircraft and its systems must allow a safe return from extremes of the flight envelope that
may be encountered.

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

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

2.c.1. In particular, no unsafe condition must occur from exposure to phenomena such as, but not limited to, adverse
weather, lightning, bird strike, high frequency radiated fields, ozone, etc., reasonably expected to occur during
product operation.

2.c.2. Cabin compartments must provide passengers with suitable transport conditions and adequate protection from
any expected hazard arising in flight operations or resulting in emergency situations, including fire, smoke, toxic
gases and rapid decompression hazards. Provisions must be made to give occupants every reasonable chance of
avoiding serious injury and quickly evacuating the aircraft and to protect them from the effect of the deceleration
forces in the event of an emergency landing on land or water. Clear and unambiguous signs or announcements
must be provided, as necessary, to instruct occupants in appropriate safe behaviour and the location and correct
use of safety equipment. Required safety equipment must be readily accessible.

2.c.3. Crew compartments must be arranged in order to facilitate flight operations, including means providing
situational awareness, and management of any expected situation and emergencies. The environment of crew
compartments must not jeopardise the crew's ability to perform their tasks and its design must be such as to avoid
interference during operation and misuse of the controls.

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

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

3.a.1. the organisation must have all the means necessary for the scope of work. These means comprise, but are not
limited to, the following: facilities, personnel, equipment, tools and material, documentation of tasks,
responsibilities and procedures, access to relevant data and record-keeping;

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.
L 79/32 EN Official Journal of the European Union 19.3.2008

ANNEX II

Aircraft referred to in Article 4(4)

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

(a) historic aircraft meeting the criteria below:

(i) non-complex aircraft whose:

— initial design was established before 1 January 1955, and

— production has been stopped before 1 January 1975;

or

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

— a participation in a noteworthy historical event, or

— a major step in the development of aviation, or

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

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

(c) aircraft of which at least 51 % is built by an amateur, or a non-profit making association of amateurs, for their own
purposes and without any commercial objective;

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

(e) aeroplanes, helicopters and powered parachutes having no more than two seats, a maximum take-off mass (MTOM),
as recorded by the Member States, of no more than:

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

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

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

(iv) 495 kg for an amphibian or floatplane/helicopter two-seater, provided that, where operating both as a
floatplane/helicopter and as a land plane/helicopter, it falls below both MTOM limits, as appropriate;

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

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

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

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

(g) gliders with a maximum empty mass, of no more than 80 kg when single-seater or 100 kg when two-seater, including
those which are foot launched;
19.3.2008 EN Official Journal of the European Union L 79/33

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

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

(j) any other aircraft which has a maximum empty mass, including fuel, of no more than 70 kg.
L 79/34 EN Official Journal of the European Union 19.3.2008

ANNEX III

Essential requirements for pilot licensing referred to in Article 7

1. Training

1.a. General

1.a.1. A person undertaking training to fly an aircraft must be sufficiently mature educationally, physically and mentally
to acquire, retain and demonstrate the relevant theoretical knowledge and practical skill.

1.b. Theoretical knowledge

1.b.1. A pilot must acquire and maintain a level of knowledge appropriate to the functions exercised on the aircraft and
proportionate to the risks associated to the type of activity. Such knowledge must include at least the following:

(i) 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. Demonstration and maintenance of theoretical knowledge

1.c.1. The acquisition and retention of theoretical knowledge must be demonstrated by continuous assessment during
training, and where appropriate, by examinations.

1.c.2. An appropriate level of competence in theoretical knowledge must be maintained. Compliance must be
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. Practical skill

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

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

(ii) aerodrome and traffic-pattern operations;

19.3.2008 EN Official Journal of the European Union L 79/35

(iii) collision avoidance precautions and procedures;

(iv) control of the aircraft by external visual reference;

(v) flight manoeuvres, including in critical situations, and associated ‘upset’ manoeuvres, as technically
achievable;

(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. Demonstration and maintenance of practical skill

1.e.1. A pilot must demonstrate the ability to perform the procedures and manoeuvres with a degree of competence
appropriate to the functions exercised on the aircraft, by:

(i) operating the aircraft within its limitations;

(ii) completing all manoeuvres with smoothness and accuracy;

(iii) exercising good judgement and airmanship;

(iv) applying aeronautical knowledge;

(v) maintaining control of the aircraft at all times in a manner such that the successful outcome of a procedure
or manoeuvre is assured; and

(vi) non-technical skills, including the recognition and management of threats and errors, using an adequate
assessment methodology in conjunction with the technical skills assessment.

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

1.f. Language Proficiency

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

(i) the ability to understand weather information documents;

L 79/36 EN Official Journal of the European Union 19.3.2008

(ii) 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. Flight simulation training devices

When a flight simulation training device (FSTD) is used for training, or for demonstration that practical skill is
acquired or maintained, this FSTD must be qualified to a given level of performance in those areas, which are
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. Tr 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. Instructors

1.i.1. Theoretical instruction

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

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

(ii) be capable of using appropriate instructional techniques.

1.i.2. Flight and flight simulation instruction

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

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

(ii) be capable of using appropriate instructional techniques;

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

(iv) have demonstrated the ability to instruct in those areas in which flight instruction is to be given, including
pre-flight, post-flight and ground instruction; and

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

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

1.j. Examiners

1.j.1. Persons responsible for assessing the skill of pilots must:

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

19.3.2008 EN Official Journal of the European Union L 79/37

(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. Tr a i n i n g o r g a n is 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. Medical criteria

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

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

(i) to execute the tasks necessary to operate an aircraft; or

(ii) to perform assigned duties at any time; or

(iii) to perceive correctly his/her environment.

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

4.b. Aero-medical examiners

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

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

(ii) have received training in aviation medicine and regular refresher training in aviation medicine to ensure that
assessment standards are maintained;

(iii) have acquired practical knowledge and experience of the conditions in which pilots carry out their duties.
L 79/38 EN Official Journal of the European Union 19.3.2008

4.c. Aero-medical centres

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

(i) have all the means necessary for the scope of responsibilities associated with their privileges. These means
comprise, but are not limited to, the following: facilities, personnel, equipment, tools and material,
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.
19.3.2008 EN Official Journal of the European Union L 79/39

ANNEX IV

Essential requirements for air operations referred to in Article 8

1. General

1.a. 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.

1.b. 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.

1.c. 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.

1.d. 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.

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

2.a.2. The crew must be familiar with and passengers informed of the location and use of relevant emergency 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
L 79/40 EN Official Journal of the European Union 19.3.2008

(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.
19.3.2008 EN Official Journal of the European Union L 79/41

4. Aircraft performance and operating limitations

4.a. 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. Instruments, data and equipment

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

5.b. When relevant, an aircraft must be equipped with all necessary safety, medical, evacuation and survival 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.
L 79/42 EN Official Journal of the European Union 19.3.2008

6.c. 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.

6.d. 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.

6.e. 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, including if applicable, the relevant emergency evacuation
demonstration;

(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.

7.c. 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.

7.d. 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.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.
19.3.2008 EN Official Journal of the European Union L 79/43

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

8.a. The operation for commercial purposes and the operation of complex motor-powered aircraft must not be
undertaken unless the following conditions are met:

8.a.1. 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) 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;

(ii) 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. 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.

8.c. The operator must establish procedures, as appropriate, so as to minimise the consequences to safe flight
operations of disruptive passenger behaviour.

8.d. 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.
L 79/44 EN Official Journal of the European Union 19.3.2008

8.f. The prevention of fatigue must be managed through a rostering system. For a flight, or series of flights, such a
rostering system needs to address flight time, flight-duty periods, duty and adapted rest periods. Limitations
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.

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

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

(ii) the organisation must establish an organisation manual providing, for use and guidance of personnel
concerned, a description of all continuing airworthiness procedures of the organisation including when
applicable a description of administrative arrangements between the organisation and the approved
maintenance organisation.
19.3.2008 EN Official Journal of the European Union L 79/45

ANNEX V

Criteria for qualified entities referred to in Article 13

1. The entity, its Director and the staff responsible for carrying out the checks, may not become involved, either directly
or as authorised representatives, in the design, manufacture, marketing or maintenance of the products, parts,
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.

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

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

4. The staff responsible for investigation must have:

— sound technical and vocational training,

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

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

5. The impartiality of the investigation staff must be guaranteed. Their remuneration must not depend on the number of
investigations carried out or on the results of such investigations.

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

7. The staff of the entity must observe professional secrecy with regard to all information acquired in carrying out their
tasks under this Regulation.
L 79/46 EN Official Journal of the European Union 19.3.2008

ANNEX VI
CORRELATION TABLE

Regulation (EC) No 1592/2002 This Regulation

Article 1 Article 1

Article 2(1) Article 2(1)

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

— Article 2(2)(f)

Article 2(3) Article 2(3)

Article 3(a) to (g) Article 3(a) to (g)

— Article 3(h) to (l)

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

— Article 4(1)(d)

— Article 4(2) and (3)

Article 4(2) Article 4(4)

— Article 4(5)

Article 4(3) Article 4(6)

Article 5(1) 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 5(6), first subparagraph, point (d)

Article 6 Article 6

— Article 7

— Article 8

— Article 9

— Article 10
19.3.2008 EN Official Journal of the European Union L 79/47

Regulation (EC) No 1592/2002 This Regulation

Article 8(1) Article 11(1)

— Article 11(2) to (4)

Article 8(2) Article 11(5)

— Article 11(6)

Article 9 Article 12

— Article 13

Article 10(1) Article 14(1)

— Article 14(2)

Article 10(2) Article 14(3)

Article 10(3) Article 14(4)

Article 10(4) Article 14(5)

Article 10(5) Article 14(6)

Article 10(6) Article 14(7)

Article 11 Article 15

— Article 16

Article 12 Article 17

Article 13, introductory wording Article 18, introductory wording

Article 13(a) Article 18(a)

— Article 18(b)

Article 13(b) Article 18(c)

Article 13(c) Article 18(d)

— Article 18(e)

Article 14 Article 19

Article 15(1), introductory wording Article 20(1), introductory wording

Article 15(1)(a) to (j) Article 20(1)(a) to (j)

— Article 20(1)(k) and (l)

Article 15(2) Article 20(2)

— Article 21

— Article 22

— Article 23

Article 16(1) and (2) Article 24(1) and (2)

— Article 24(3)

Article 16(3) Article 24(4)

Article 16(4) Article 24(5)

— Article 25

Article 17 Article 26

Article 18 Article 27

Article 19 Article 28
L 79/48 EN Official Journal of the European Union 19.3.2008

Regulation (EC) No 1592/2002 This Regulation

Article 20 Article 29

Article 21 Article 30

Article 22 Article 31

Article 23 Article 32

Article 24(1) to (4) Article 33(1) to (4)

— Article 33(5)

Article 25(1) and (2) Article 34(1) and (2)

— Article 34(3)

Article 26 Article 35

Article 27 Article 36

Article 28 Article 37

Article 29(1) and (2) Article 38(1) and (2)

Article 29(3)(a) to (j) Article 38(3)(a) to (j)

— Article 38(3)(k) and (l)

Article 30 Article 39

Article 31 Article 40

Article 32 Article 41

Article 33 Article 42

Article 34 Article 43

Article 35 Article 44

Article 36 Article 45

Article 37 Article 46

Article 38 Article 47

Article 39 Article 48

Article 40 Article 49

Article 41 Article 50

Article 42 Article 51

Article 43 Article 52

Article 44 Article 53

Article 45 Article 54

Article 46(1), introductory wording Article 55(1), introductory wording

Article 46(1)(a) to (d) Article 55(1)(a) to (d)

— Article 55(1)(e)

Article 46(2) and (3) Article 55(2) and (3)

— Article 56

— Article 57

Article 47(1) and (2) Article 58(1) and (2)

Article 47(3) —
19.3.2008 EN Official Journal of the European Union L 79/49

Regulation (EC) No 1592/2002 This Regulation

Article 47(4) Article 58(3)

Article 47(5) —

— Article 58(4)

Article 48(1), introductory wording Article 59(1), introductory wording

Article 48(1)(a) Article 59(1)(a) and (b)

Article 48(1)(b) and (c) Article 59(1)(c) and (d)

— Article 59(1)(e)

Article 48(2) and (3) Article 59(2) and (3)

Article 59(4)

Article 48(4) to (10) Article 59(5) to (11)

Article 49 Article 60

Article 50 Article 61

Article 51 Article 62

Article 52 Article 63

Article 53 Article 64

Article 54 Article 65

Article 55 Article 66

Article 56 Article 67

— Article 68

Article 57 Article 69

Article 59 Article 70