Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (Text with EEA relevance.)

CHAPTER I PRINCIPLES

Article 1

Subject matter and objectives

• (a) contribute to the wider Union aviation policy and to the improvement of the overall performance of the civil aviation sector;

• (b) facilitate, in the fields covered by this Regulation, the free movement of goods, persons, services and capital, providing a level playing field for all actors in the internal aviation market, and improve the competitiveness of the Union's aviation industry;

• (c) contribute to a high, uniform level of environmental protection;

• (d) facilitate, in the fields covered by this Regulation, the movement of goods, services and personnel worldwide, by establishing appropriate cooperation with third countries and their aviation authorities, and by promoting the mutual acceptance of certificates and other relevant documents;

• (e) promote cost-efficiency, by, inter alia, avoiding duplication, and promoting effectiveness in regulatory, certification and oversight processes as well as an efficient use of related resources at Union and national level;

• (f) contribute, in the fields covered by this Regulation, to establishing and maintaining a high uniform level of civil aviation security;

• (g) assist Member States, in the fields covered by this Regulation, in exercising their rights and fulfilling their obligations under the Chicago Convention, by ensuring a common interpretation and a uniform and timely implementation of its provisions, as appropriate;

• (h) promote, worldwide, the views of the Union regarding civil aviation standards and civil aviation rules, by establishing appropriate cooperation with third countries and international organisations;

• (i) promote research and innovation, inter alia, in regulatory, certification and oversight processes;

• (j) promote, in the fields covered by this Regulation, technical and operational interoperability and the sharing of administrative best practices;

• (k) support passenger confidence in a safe civil aviation.

• (a) the preparation, adoption and uniform application of all necessary acts;

• (b) the taking of measures to improve safety standards;

• (c) ensuring that the declarations and certificates issued in accordance with this Regulation, and with the delegated and implementing acts adopted on the basis thereof, are valid and recognised throughout the Union, without any additional requirements;

• (d) the development, with the involvement of standardisation and other industry bodies, of detailed technical standards to be used as a means of compliance with this Regulation, and with the delegated and implementing acts adopted on the basis thereof, where appropriate;

• (e) the establishment of an independent European Union Aviation Safety Agency (the ‘Agency’);

• (f) the uniform implementation of all necessary acts by the national competent authorities and the Agency, within their respective areas of responsibility;

• (g) the gathering, analysis and exchange of information to support evidence-based decision making;

• (h) the undertaking of awareness and promotion initiatives, including training, communication and dissemination of relevant information.

Article 2

Scope

• (a) the design and production of products, parts and equipment to control aircraft remotely by a natural or legal person under the oversight of the Agency or a Member State, to the extent not covered by point (b);

• (b) the design, production, maintenance and operation of aircraft, as well as their engines, propellers, parts, non-installed equipment and equipment to control aircraft remotely, where the aircraft is or will be:
• (i) registered in a Member State, unless and to the extent that the Member State has transferred its responsibilities pursuant to the Chicago Convention to a third country and the aircraft is operated by a third country aircraft operator;
• (ii) registered in a third country and operated by an aircraft operator established, residing or with a principal place of business in the territory to which the Treaties apply;
• (iii) an unmanned aircraft, that is registered neither in a Member State nor in a third country and that is operated within the territory to which the Treaties apply by an aircraft operator established, residing or with a principal place of business within that territory;

• (c) the operation of aircraft into, within, or out of the territory to which the Treaties apply by a third country aircraft operator;

• (d) the design, production, maintenance and operation of safety-related aerodrome equipment used or intended for use at the aerodromes referred to in point (e) and the provision of groundhandling services and AMS at those aerodromes;

• (e) the design, maintenance and operation of aerodromes, including the safety-related equipment used at those aerodromes, located in the territory to which the Treaties apply, which:
• (i) are open to public use;
• (ii) serve commercial air transport; and
• (iii) have a paved instrument runway of 800 metres or more, or exclusively serve helicopters using instrument approach or departure procedures;

• (f) without prejudice to Union and national law on environment and land-use planning, the safeguarding of surroundings of the aerodromes referred to in point (e);

• (g) the provision of ATM/ANS in the Single European Sky airspace, and the design, production, maintenance and operation of systems and constituents used in the provision of those ATM/ANS;

• (h) Without prejudice to Regulation (EU) 2024/2803 ([^E0001]) of the European Parliament and of the Council and the responsibilities of Member States with regard to airspace under their jurisdiction, the design of airspace structures in the Single European Sky airspace.

• (a) aircraft, and their engines, propellers, parts, non-installed equipment and equipment to control aircraft remotely, while carrying out military, customs, police, search and rescue, firefighting, border control, coastguard or similar activities or services under the control and responsibility of a Member State, undertaken in the public interest by or on behalf of a body vested with the powers of a public authority, and the personnel and organisations involved in the activities and services performed by those aircraft;

• (b) aerodromes or parts thereof, as well as equipment, personnel and organisations, that are controlled and operated by the military;

• (c) ATM/ANS, including systems and constituents, personnel and organisations, that are provided or made available by the military;

• (d) the design, production, maintenance and operation of aircraft the operation of which involves low risk for aviation safety, as listed in Annex I, and to the personnel and organisations involved therein, unless the aircraft has been issued, or has been deemed to have been issued, with a certificate in accordance with Regulation (EC) No 216/2008.

As regards point (a), Member States shall ensure that activities and services performed by the aircraft referred to in that point are carried out with due regard to the safety objectives of this Regulation. Member States shall also ensure that, where appropriate, those aircraft are safely separated from other aircraft.

Without prejudice to the obligations of Member States under the Chicago Convention, aircraft covered by Annex I to this Regulation and registered in a Member State may be operated in other Member States, subject to the agreement of the Member State in the territory of which the operation takes place. Such aircraft may also be maintained, and their design may be modified, in other Member States, provided that such design modifications and such maintenance activities are carried out under the oversight of the Member State where the aircraft is registered and in accordance with procedures established by the national law of that Member State.

• (a) the organisation responsible for the design of that aircraft type has applied for a type certificate to the Agency in accordance with Article 11 or, if applicable, has made a declaration to the Agency in accordance with point (a) of Article 18(1) in respect of that aircraft type;

• (b) that aircraft type is intended for serial production; and

• (c) the design of that aircraft type has not been previously approved in accordance with the national laws of a Member State.

This Regulation, and the delegated and implementing acts adopted on the basis thereof, shall apply with respect to the aircraft type concerned from the date on which the type certificate is issued or, if applicable, from the date on which the declaration is made. However, the provisions regarding the assessment of the application for the type certificate and the issuance of the type certificate by the Agency shall apply from the date at which the application is received.

• (a) the facilities referred to in point (b) of the first subparagraph of paragraph 3 of this Article that are open to public use; and

• (b) the ATM/ANS referred to in point (c) of the first subparagraph of paragraph 3 of this Article that are provided to air traffic to which Regulation (EU) 2024/2803 applies,

offer a level of safety and interoperability with civil systems that is as effective as that resulting from the application of the essential requirements set out in Annexes VII and VIII to this Regulation.

From the date specified in that decision, the activities, personnel and organisations concerned shall be solely regulated by the provisions of the Section, or Sections, concerned and by the provisions of this Regulation related to the application of those sections.

The Member State concerned shall without delay notify the Commission and the Agency of its decision and shall provide them with all relevant information, in particular:

• (a) the Section or Sections concerned;

• (b) the activities, personnel and organisations concerned;

• (c) the reasons for its decision; and

• (d) the date from which that decision applies.

Where the Commission, after consulting the Agency, considers that the condition specified in the first subparagraph has not been met, the Commission shall adopt implementing acts setting out its decision to that effect. Upon notification of such implementing acts to the Member State concerned, that Member State shall without delay take a decision to modify or revoke the earlier decision referred to in the first subparagraph of this paragraph and shall inform the Commission and the Agency thereof.

Without prejudice to the fourth subparagraph, a Member State may also at any time decide to modify or revoke the earlier decision referred to in the first subparagraph of this paragraph. In such cases, it shall without delay inform the Commission and the Agency thereof.

The Agency shall include in the repository referred to in Article 74 all of the decisions of the Commission and of the Member States that have been notified pursuant to this paragraph.

The Commission, the Agency and the competent authorities of the Member State concerned shall cooperate for the purpose of the application of this paragraph.

From the date specified in that exemption decision, the design, maintenance and operation of the aerodrome concerned and the safety-related equipment and groundhandling services and AMS at that aerodrome shall no longer be regulated by this Regulation and by the delegated and implementing acts adopted on the basis thereof.

The Member State concerned shall, without delay, notify the Commission and the Agency of its exemption decision and the reasons for the adoption thereof.

Where the Commission, after consulting the Agency, considers that such exemption by a Member State does not comply with the conditions specified in the first subparagraph, the Commission shall adopt implementing acts setting out its decision to that effect. Upon notification of such implementing acts to a Member State concerned, that Member State shall without delay modify or revoke its exemption decision and shall inform the Commission and the Agency thereof.

The Member States shall also notify to the Commission and the Agency the exemptions which they have granted pursuant to Article 4(3b) of Regulation (EC) No 216/2008.

Member States shall, on an annual basis, examine the traffic figures of the aerodromes that they have exempted pursuant to this paragraph or Article 4(3b) of Regulation (EC) No 216/2008. Where that examination demonstrates that, over three consecutive years, one of those aerodromes handles more than 10 000 commercial air transport passengers per year or more than 850 movements related to cargo operations per year, the Member State concerned shall revoke the exemption of that aerodrome. In that case, it shall inform the Commission and the Agency accordingly.

The Agency shall include in the repository referred to in Article 74 all of the decisions of the Commission and of the Member States that have been notified pursuant to this paragraph.

• (a) aeroplanes, other than unmanned aeroplanes, which have no more than two seats, measurable stall speed or minimum steady flight speed in landing configuration not exceeding 45 knots calibrated air speed and a maximum take-off mass (MTOM), as recorded by the Member State, of no more than 600 kg for aeroplanes not intended to be operated on water or 650 kg for aeroplanes intended to be operated on water;

• (b) helicopters, other than unmanned helicopters, which have no more than two seats and a MTOM, as recorded by the Member State, of no more than 600 kg for helicopters not intended to be operated on water or 650 kg for helicopters intended to be operated on water;

• (c) sailplanes, other than unmanned sailplanes, and powered sailplanes, other than unmanned powered sailplanes, which have no more than two seats and a MTOM, as recorded by the Member State, of no more than 600 kg.

However, as regards the categories of aircraft referred to in the first subparagraph Member States may not take such a decision concerning aircraft in respect of which a certificate has been issued, or has been deemed to have been issued, in accordance with Regulation (EC) No 216/2008 or with this Regulation, or in respect of which a declaration has been made in accordance with this Regulation.

Any certificate that is issued in respect of aircraft to which an exemption decision taken pursuant to paragraph 8 applies shall clearly indicate that that certificate is issued not under this Regulation but under the national law of the Member State which is issuing the certificate. Other Member States may accept such national certificates only if they themselves have taken a corresponding decision pursuant to paragraph 8.

The Member State which has taken an exemption decision pursuant to paragraph 8 shall, without delay, notify the Commission and the Agency of that decision and provide them with all relevant information, and in particular the date from which the that decision applies and the category of aircraft that it concerns.

A Member State may decide to modify or revoke an exemption decision that it has taken pursuant to paragraph 8. In such cases, it shall without delay inform the Commission and the Agency thereof.

The Agency shall include in the repository referred to in Article 74 all of the decisions of the Member States that have been notified pursuant to this paragraph.

An exemption decision taken by a Member State pursuant to paragraph 8 shall also apply to the organisations and personnel involved in the design, production, maintenance and operation activities to which that decision applies.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

• (1) ‘oversight’ means the verification, by or on behalf of the competent authority, on a continuous basis that the requirements of this Regulation and of the delegated and implementing acts adopted on the basis thereof, on the basis of which a certificate has been issued or in respect of which a declaration has been made, continue to be complied with;

• (2) ‘Chicago Convention’ means the Convention on International Civil Aviation and the Annexes thereto, signed in Chicago on 7 December 1944;

• (3) ‘product’ means an aircraft, an engine or a propeller;

• (4) ‘part’ means any element of a product, as defined by that product's type design;

• (5) ‘ATM/ANS’ means air traffic management as defined in point (9) of Article 2 of Regulation (EU) 2024/2803 and air navigation services as defined in point (5) of Article 2 of that Regulation, as well as the network functions referred to in Article 37 of that Regulation and services consisting in the origination and processing of data and in the formatting and delivering of data to general air traffic for the purpose of air navigation;

• (6) ‘ATM/ANS constituent’ means tangible objects such as hardware and intangible objects such as software upon which the interoperability of the EATMN depends;

• (7) ‘ATM/ANS system’ means the aggregation of airborne and ground-based constituents, as well as space-based equipment, that provides support for air navigation services for all phases of flight;

• (8) ‘ATM Master Plan’ means the plan endorsed by Council Decision 2009/320/EC ([^E0002]), in accordance with Article 1(2) of Council Regulation (EC) No 219/2007 ([^E0003]);

• (9) ‘certification’ means any form of recognition in accordance with this Regulation, based on an appropriate assessment, that a legal or natural person, product, part, non-installed equipment, equipment to control unmanned aircraft remotely, aerodrome, safety-related aerodrome equipment, ATM/ANS system, ATM/ANS constituent or flight simulation training device complies with the applicable requirements of this Regulation and of the delegated and implementing acts adopted on the basis thereof, through the issuance of a certificate attesting such compliance;

• (10) ‘declaration’ means any written statement made in accordance with this Regulation under the sole responsibility of a legal or natural person subject to this Regulation and which confirms that the applicable requirements of this Regulation and of the delegated and implementing acts adopted on the basis thereof relating to a legal or natural person, product, part, non-installed equipment, equipment to control unmanned aircraft remotely, safety-related aerodrome equipment, ATM/ANS system, ATM/ANS constituent or flight simulation training device are complied with;

• (11) ‘qualified entity’ means an accredited legal or natural person which may be charged with certain certification or oversight tasks under this Regulation by and under the control and the responsibility of the Agency or a national competent authority;

• (12) ‘certificate’ means any certificate, approval, licence, authorisation, attestation or other document issued as the result of a certification attesting compliance with the applicable requirements;

• (13) ‘aircraft operator’ means any legal or natural person operating or proposing to operate one or more aircraft;

• (14) ‘aerodrome operator’ means any legal or natural person operating or proposing to operate one or more aerodromes;

• (15) ‘flight simulation training device’ means any type of device in which flight conditions are simulated on the ground, including flight simulators, flight training devices, flight and navigation procedures trainers and basic instrument training devices;

• (16) ‘aerodrome’ means a defined area, on land or on water, on a fixed, fixed offshore or floating structure, including any buildings, installations and equipment thereon, intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

• (17) ‘safety-related aerodrome equipment’ means any instrument, equipment, mechanism, apparatus, appurtenance, software or accessory that is used or intended to be used to contribute to the safe operation of aircraft at an aerodrome;

• (18) ‘apron’ means a defined area of an aerodrome intended to accommodate aircraft for purposes of loading or unloading passengers, baggage, mail or cargo, fuelling, parking or maintenance;

• (19) ‘apron management service (AMS)’ means a service provided to regulate the activities and the movement of aircraft and vehicles on an apron;

• (20) ‘flight information service’ means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;

• (21) ‘general air traffic’ means all movements of civil aircraft and state aircraft carried out in conformity with the procedures of the International Civil Aviation Organization (‘ICAO’);

• (22) ‘international standards and recommended practices’ means the international standards and recommended practices adopted by ICAO in accordance with Article 37 of the Chicago Convention;

• (23) ‘groundhandling service’ means any service provided at aerodromes comprising safety -related activities in the areas of ground supervision, flight dispatch and load control, passenger handling, baggage handling, freight and mail handling, apron handling of aircraft, aircraft services, fuel and oil handling, and loading of catering; including the case where aircraft operators provide those groundhandling services to themselves (self-handling);

• (24) ‘commercial air transport’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration;

• (25) ‘safety performance’ means the Union's, a Member State's or an organisation's safety achievement, as defined by its safety performance targets and safety performance indicators;

• (26) ‘safety performance indicator’ means a parameter used for monitoring and assessing safety performance;

• (27) ‘safety performance target’ means a planned or intended objective for complying with safety performance indicators over a given period of time;

• (28) ‘aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth's surface;

• (29) ‘non-installed equipment’ means any instrument, equipment, mechanism, apparatus, appurtenance, software or accessory carried on board of an aircraft by the aircraft operator, which is not a part, and which is used or intended to be used in operating or controlling an aircraft, supports the occupants' survivability, or which could impact the safe operation of the aircraft;

• (30) ‘unmanned aircraft’ means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board;

• (31) ‘remote pilot’ means a natural person responsible for safely conducting the flight of an unmanned aircraft by operating its flight controls, either manually or, when the unmanned aircraft flies automatically, by monitoring its course and remaining able to intervene and change the course at any time;

• (32) ‘equipment to control unmanned aircraft remotely’ means any instrument, equipment, mechanism, apparatus, appurtenance, software or accessory that is necessary for the safe operation of an unmanned aircraft, which is not a part, and which is not carried on board of that unmanned aircraft;

• (33) ‘Single European Sky airspace’ means airspace above the territory to which the Treaties apply, as well as any other airspace where Member States apply Regulation (EU) 2024/2803 in accordance with Article 1(4) of that Regulation;

• (34) ‘national competent authority’ means one or more entities designated by a Member State and having the necessary powers and allocated responsibilities for performing the tasks related to certification, oversight and enforcement in accordance with this Regulation and with the delegated and implementing acts adopted on the basis thereof.

Article 4

Principles for measures under this Regulation

• (a) reflect the state of the art and best practices in the field of aviation, and take into account worldwide aviation experience and scientific and technical progress in the respective fields;

• (b) build on the best available evidence and analysis;

• (c) allow for immediate reaction to established causes of accidents, serious incidents and intentional security breaches;

• (d) take into account interdependencies between the different domains of aviation safety, and between aviation safety, cyber security and other technical domains of aviation regulation;

• (e) lay down, where possible, requirements and procedures in a manner which is performance-based and focuses on objectives to be achieved, while allowing different means of achieving compliance with those performance-based objectives;

• (f) promote cooperation and efficient use of resources between authorities at Union and Member State level;

• (g) take non-binding measures, including safety promotion actions, where possible;

• (h) take into account the international rights and obligations in the field of civil aviation of the Union and of the Member States, including those under the Chicago Convention.

• (a) whether persons other than flight crew are carried on board, and in particular whether the operation is open to members of the public;

• (b) to what extent third parties or property on the ground could be endangered by the activity;

• (c) the complexity, performance and operational characteristics of the aircraft involved;

• (d) the purpose of the flight, the type of aircraft and type of airspace used;

• (e) the type, scale, and complexity of the operation or activity, including, where relevant, the size and type of the traffic handled by the responsible organisation or person;

• (f) the extent to which the persons affected by the risks involved in the operation are able to assess and exercise control over those risks;

• (g) the results of past certification and oversight activities.

CHAPTER II AVIATION SAFETY MANAGEMENT

Article 5

European Aviation Safety Programme

The European Aviation Safety Programme shall also describe the process for the development, adoption, update and implementation of the European Plan for Aviation Safety referred to in Article 6, which shall closely involve the Member States and relevant stakeholders.

Article 6

European Plan for Aviation Safety

Article 7

State Safety Programme

Article 8

State Plan for Aviation Safety

CHAPTER III SUBSTANTIVE REQUIREMENTS

SECTION I Airworthiness and environmental protection

Article 9

Essential requirements

The essential requirements for environmental compatibility set out in Annex III to this Regulation shall apply to products, parts and non-installed equipment to the extent that the provisions of the Chicago Convention referred to in the first subparagraph of this paragraph do not contain environmental protection requirements.

Organisations involved in the design, production and maintenance of products referred to in points (a) and (b) of Article 2(1) shall comply with point 8 of Annex III to this Regulation.

Article 10

Compliance

Article 11

Design of products

The design of a product shall be subject to certification and shall be issued with a type certificate. Changes to that design shall also be subject to certification and shall result in the issuance of a certificate of changes, including of supplemental type certificates. Repair designs shall be subject to certification and shall be issued with an approval.

An approval shall be issued in respect of the operational suitability data associated with a type design. That approval shall be included in the type certificate or the restricted type certificate referred to in point (b) of Article 18(1), as applicable.

That type certificate, that certificate of changes, that approval of repair designs and that approval of the operational suitability data shall be issued upon application when the applicant has demonstrated that the design of the product complies with the certification basis established in accordance with the delegated acts referred to in point (b)(i) and (ii) of Article 19(1), as applicable, and that the design of the product has no feature or characteristic making it environmentally incompatible or unsafe for operation.

That type certificate, that certificate of changes, that approval of repair design and that approval of the operational suitability data may also be issued without such application, by an organisation approved in accordance with Article 15 which has been granted the privilege to issue those certificates or approvals in accordance with the delegated act referred to in point (k) of Article 19(1), when that organisation has determined that the design of the product complies with the conditions established in the third subparagraph of this paragraph.

No separate type certificate shall be required for the design of engines and propellers that have been certified as part of the design of an aircraft in accordance with this Article.

Article 12

Design of parts

Unless otherwise established by delegated acts referred to in Article 19, the design of parts shall be subject to certification and shall be issued with a certificate.

That certificate shall be issued upon application, when the applicant has demonstrated that the design of the part complies with the certification basis established in accordance with the delegated acts referred to in point (b)(iii) of Article 19(1).

That certificate may also be issued without such application, by an organisation approved in accordance with Article 15 which has been granted a privilege to issue those certificates in accordance with the delegated act referred to in point (k) of Article 19(1), when that organisation has determined that the design of the part complies with the certification basis established in accordance with the delegated acts referred to in point (b)(iii) of Article 19(1).

No separate certificate shall be required for the design of parts that have been certified as part of the design of a product in accordance with Article 11.

Article 13

Design of non-installed equipment

Where the delegated acts referred to in Article 19 so provide, the design of non-installed equipment shall be subject to certification and shall be issued with a certificate.

That certificate shall be issued upon application, when the applicant has demonstrated that the design of non-installed equipment complies with the certification basis established in accordance with the delegated acts referred to in point (b)(iii) of Article 19(1).

That certificate may also be issued without such application, by an organisation approved in accordance with Article 15 which has been granted a privilege to issue those certificates in accordance with the delegated act referred to in point (k) of Article 19(1), when that organisation has determined that the design of the non-installed equipment complies with the certification basis established in accordance with the delegated acts referred to in point (b)(iii) of Article 19(1).

Article 14

Individual aircraft

Those certificates shall be issued upon application, when the applicant has demonstrated that the aircraft is in conformity with the design certified in accordance with Article 11, and that the aircraft is in condition for safe and environmentally compatible operation.

Article 15

Organisations

• (a) organisations responsible for the maintenance and continuing airworthiness management of products, parts and non-installed equipment, and

• (b) organisations involved in the training of the personnel responsible for the release of a product, a part or non-installed equipment after maintenance.

However, the first subparagraph shall not apply to situations in which, as a result of the adoption of the implementing acts referred to in point (b) of Article 17(1), taking into account the objectives and principles set out in Articles 1 and 4, and in particular the nature and risk of the activity concerned, such approvals are not required.

The approvals referred to in this paragraph shall be issued upon application, when the applicant has demonstrated that it complies with the implementing acts referred to in Article 17 adopted to ensure compliance with the essential requirements referred to in Article 9.

Article 16

Personnel

That licence shall be issued upon application, when the applicant has demonstrated that he or she complies with the implementing acts referred to in Article 17 adopted to ensure compliance with the essential requirements referred to in Article 9.

Article 17

Implementing acts as regards airworthiness

• (a) the rules and procedures for maintaining the certificates referred to in Article 14 and in point (a) of the first subparagraph of Article 18(2);

• (b) the rules and procedures for issuing, maintaining, amending, limiting, suspending or revoking the approvals referred to in Article 15(2) and for the situations in which such approvals are not to be required;

• (c) the rules and procedures for declarations referred to in Article 15(5), and for the situations in which such declarations are to be required;

• (d) the rules and procedures for issuing, maintaining, amending, limiting, suspending or revoking the licences referred to in Article 16, and for the situations in which such licences are not to be required;

• (e) the privileges and responsibilities of the holders of the approvals and licences issued pursuant to Articles 15(2) and 16, and of the organisations making declarations in accordance with Article 15(5);

• (f) the rules and procedures for the maintenance of products, parts and non-installed equipment;

• (g) the rules and procedures for the continuing airworthiness management of aircraft;

• (h) additional airworthiness requirements for products, parts and non-installed equipment, the design of which has already been certified, needed to support continuing airworthiness and safety improvements.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).

Article 18

Derogations

• (a) the compliance with the applicable essential requirements referred to in Article 9 of the design of products, of parts and of non-installed equipment may be assessed without the issuance of a certificate, where the delegated acts referred to in point (d)(i) of Article 19(1) so provide. In that case, the delegated acts referred to in point (j) of Article 19(1) are to define the conditions and procedures for such assessment. The delegated acts referred to in point (d)(i) of Article 19(1) might provide that the organisation responsible for the design and production of those products, parts and non-installed equipment is to be allowed to declare the compliance of their design with those essential requirements and with the detailed specifications established in accordance with the delegated acts referred to in point (i) of Article 19(1) adopted to ensure compliance of those designs with those essential requirements;

• (b) when the design of an aircraft does not comply with the essential requirements referred to in Article 9, a restricted type certificate may be issued. In that case, that certificate shall be issued upon application, when the applicant has demonstrated that the design of the aircraft complies with the certification basis established in accordance with the delegated acts referred to in point (b)(i) and (ii) of Article 19(1) and that the design of the aircraft is adequate, as regards airworthiness and environmental compatibility, in light of the intended use of the aircraft.

• (a) in accordance with the delegated acts referred to in Article 19, a restricted certificate of airworthiness or a restricted noise certificate shall be issued for aircraft the design of which has either been subject to a declaration in accordance with point (a) of paragraph 1 or for which a restricted type certificate has been issued in accordance with point (b) of paragraph 1. In that case, those certificates shall be issued upon application, when the applicant has demonstrated that the aircraft conforms to that design and that the aircraft is in condition for safe and environmentally compatible operation;

• (b) in accordance with the delegated acts referred to Article 19, a permit to fly may be issued to allow the operation of an aircraft which does not have a valid certificate of airworthiness or valid restricted certificate of airworthiness. In that case, such a permit to fly shall be issued, upon application, when the applicant has demonstrated that the aircraft is capable of safely performing a basic flight.

The permit to fly may also be issued without such applications, by an organisation approved in accordance with Article 15 which has been granted a privilege to issue those permits to fly in accordance with the delegated acts referred to in point (k) of Article 19(1) or the implementing act referred to in point (e) of Article 17(1), provided that that organisation has determined that the aircraft is capable of performing safely a basic flight.

The permit to fly shall be subject to appropriate limitations, provided for in the delegated acts referred to in point (f) of Article 19(1), and in particular to limitations to protect the safety of third parties.

Article 19

Delegated powers

• (a) detailed environmental protection requirements for products, parts and non-installed equipment, in situations referred to in the second subparagraph of Article 9(2);

• (b) the conditions for establishing and notifying to an applicant by the Agency in accordance with Article 77:
• (i) the type-certification basis applicable to a product for the purposes of the type-certification referred to in Article 11 and point (b) of Article 18(1);
• (ii) the certification basis applicable to a product for the purposes of the approval of operational suitability data referred to in Article 11 including:
• — the minimum syllabus of maintenance certifying staff type rating training;
• — the minimum syllabus of pilot type rating and the reference data for the objective qualification of associated simulators;
• — the master minimum equipment list, as appropriate;
• — aircraft type data relevant to cabin crew;
• — additional specifications to ensure compliance with Section III;
• (iii) the certification basis applicable to a part or non-installed equipment, including safety-related equipment and instruments referred to in Article 30(7), for the purposes of the certification referred to in Articles 12 and 13;

• (c) the specific conditions for compliance of aircraft referred to in point (b)(ii) of Article 2(1) with the essential requirements referred to in Article 9;

• (d) the conditions for issuing, maintaining, amending, limiting, suspending or revoking the certificates referred to in Articles 11, 12, 13 and point (b) of Article 18(1), including:
• (i) the conditions for situations in which, with a view to achieving the objectives set out in Article 1 and while taking account of the nature and risk of the particular activity concerned, such certificates are to be required or are not to be required, or declarations are to be permitted, as applicable;
• (ii) the conditions concerning the duration of those certificates and concerning the renewal of those certificates where their duration is limited;

• (e) the conditions for the issuing, amending, limiting, suspending or revoking of the certificates of airworthiness and noise certificates referred to in Article 14(1), as well as restricted certificates of airworthiness and restricted noise certificates referred to in point (a) of the first subparagraph of Article 18(2);

• (f) the conditions for the issuing, maintaining, amending, limiting, suspending, revoking and use of the permits to fly referred to in point (b) of the first subparagraph of Article 18(2);

• (g) the conditions for issuing, maintaining, amending, limiting, suspending or revoking the approvals referred to in Article 15(1), and for the situations in which, with a view to achieving the objectives set out in Article 1 and while taking account of the nature and risk of the particular activity concerned, such approvals are to be required or are not to be required or declarations are to be permitted, as applicable;

• (h) the privileges and responsibilities of the holders of the certificates issued pursuant to Articles 11, 12, 13, Articles 14(1), 15(1), point (b) of Article 18(1) and Article 18(2) and of the organisations that made declarations in accordance with point (a) of Article 18(1) and point (g) of this paragraph;

• (i) the conditions for establishing the detailed specifications applicable to the design of products, design of parts and design of non-installed equipment which are subject to a declaration in accordance with point (a) of Article 18(1);

• (j) the conditions and procedures to assess, in accordance with point (a) of Article 18(1), the airworthiness and environmental compatibility of the design of products, the design of parts, and the design of non-installed equipment without the need to issue a certificate, including the conditions and limitations for operations;

• (k) the conditions for organisations that have been issued with an approval in accordance with Article 15(1) to be granted the privilege to issue the certificates referred to in Articles 11, 12, 13 and point (b) of the first subparagraph of Article 18(2).

SECTION II Aircrew

Article 20

Essential requirements

Pilots and cabin crew involved in the operation of aircraft referred to in point (b) of Article 2(1), other than unmanned aircraft, as well as flight simulation training devices, persons and organisations involved in the training, testing, checking or medical assessment of those pilots and cabin crew, shall comply with the essential requirements set out in Annex IV.

Article 21

Pilots

The pilot licence and pilot medical certificate may be amended to add or remove privileges, in accordance with the implementing acts referred to in point (c) of Article 23(1).

Article 22

Cabin crew

Article 23

Implementing acts as regards pilots and cabin crew

• (a) the different categories of pilot licences and pilot medical certificates referred to in Article 21, as well as the different ratings for such pilot licences adequate for the different types of activities performed;

• (b) the privileges and responsibilities of the holders of pilot licences, ratings and pilot medical certificates;

• (c) the rules and procedures for issuing, maintaining, amending, limiting, suspending or revoking pilot licences, ratings and pilot medical certificates, including:
• (i) the rules and procedures for situations in which such licences, ratings and medical certificates are not to be required;
• (ii) the rules and procedures for the conversion of national pilot licences and national pilot medical certificates into the pilot licences and pilot medical certificates referred to in Article 21(1);
• (iii) the rules and procedures for the conversion of national flight engineer licences into the pilot licences referred to in Article 21(1);
• (iv) the rules and procedures for the recognition of training and experience on aircraft not subject to this Regulation for the purposes of obtaining pilot licences referred to in Article 21(1).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).

When adopting those implementing acts, the Commission shall ensure compliance with the essential requirements referred to in Article 20 of this Regulation and shall take due account of the international standards and recommended practices, in particular those set out in Annex 1 to the Chicago Convention.

Those implementing acts shall include, where appropriate, provisions for the issuance of all types of pilot licenses and ratings required under Annex 1 to the Chicago Convention. Those implementing acts may also include provisions for the issuance of other types of pilot licences and ratings.

• (a) the rules and procedures for issuing, maintaining, amending, limiting, suspending or revoking cabin crew attestations and for the situations in which such attestations are to be required for cabin crew involved in operations other than commercial air transport;

• (b) the rules and procedures for the medical fitness assessment of cabin crew referred to in Article 22;

• (c) the privileges and responsibilities of the holders of cabin crew attestations referred to in Article 22.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).

Article 24

Training organisations and aero-medical centres

Article 25

Flight simulation training devices

Article 26

Instructors and examiners

Those certificates may be amended to add or remove privileges, in accordance with the implementing acts referred to in point (a) of Article 27(1).

Article 27

Implementing acts as regards training, testing, checking and medical assessment