Air Safety

Civil aviation security: EU-wide rules

Regulation (EC) No 300/2008 on common rules in the field of civil aviation security

It lays down common rules and basic standards on aviation security and on procedures to monitor their implementation.
It applies to all civil airports in the EU, as well as to air carriers and other persons or businesses providing goods or services to or through these airports.
It replaces Regulation (EC) No 2320/2002 which was adopted in the wake of the 11 September 2001 events and which established common rules in the field of civil aviation security.

Common basic standards for protecting civil aviation

These standards include, for example:

screening of passengers and cabin baggage to stop prohibited articles, such as weapons and explosives, being carried on board aircraft;
the hold luggage (luggage that passengers check in) is also screened before loading;
airport security (e.g. controlled access to different areas of airports, staff screening and checking of vehicles, as well as surveillance and patrols to prevent unauthorised people from entering these areas);
protection of aircraft and aircraft security checks or searches before departure to ensure that no prohibited articles are on board;
security controls for cargo and mail before being loaded on to aircraft;
security controls for airport supplies (i.e. supplies intended to be sold in duty-free shops and restaurants) and in-flight supplies (e.g. food and drink for passengers);
staff recruitment and training;
security equipment performance (i.e. equipment used for screening and access controls complies with defined specifications and is capable of performing the security controls concerned).

In November 2015, the European Commission adopted Implementing Regulation (EU)2015/1998. It lays down detailed measures for the implementation of these security standards and repealed a previous regulation (Regulation (EU) No 185/2010) which had been amended more than 20 times. Since its adoption, Implementing Regulation (EU) 2015/1998 has itself been amended several times.

The amendments modify the list of non-EU countries recognised as applying equivalent standards to those of the EU, and introduce new rules regarding:

airport security;
aircraft security;
screening of liquids, aerosols and gels, hold baggage, cargo and mail, in-flight supplies;
staff recruitment and training;
security equipment;
background checks to enhance security culture and resilience;
performance standards;
the use of shoe explosive detection equipment and explosive vapour detection equipment.

Obligations on EU countries and on airports and operators

EU countries must:

designate a single authority responsible for aviation security;
set up a national civil aviation security programme to define responsibilities for implementing the common basic standards;
set up a national quality control programme to check the quality of civil aviation security.
Airports, air carriers and entities must:

define and implement a security programme;
ensure internal quality control.

Commission inspections

The Commission carries out inspections in cooperation with national authorities including unannounced inspections of airports, air carriers and other relevant persons or businesses. Any shortcomings must be remedied by the national authority. National authorities are responsible for primary quality control and enforcement, and therefore must carry out audits and inspections of airports, air carriers and other relevant persons or businesses.

Recognition of equivalent aviation security standards with non-EU countries

The EU may recognise non-EU countries’ aviation security standards as equivalent to EU standards to allow a ‘one-stop security’ system. This means, for example, that passengers arriving at EU airports and transferring to other destinations would no longer need to be re-screened. This would result in faster connection times, lower costs and greater convenience for travellers. ‘One-stop security’ is one of the objectives of EU aviation security legislation.

Implementation reports

Every year, the Commission publishes a report on the implementation of Regulation (EC) No 300/2008. The latest report, relating to 2017, was published in 2019.

It has applied since 28 April 2010.

The following articles have applied since 29 April 2008:

Articles 4(2), 4(3), 4(4), all of which relate to common basic standards except those relating to safeguarding civil aviation against acts of unlawful interference;
Article 8 on cooperation with the International Civil Aviation Organisation;
Article 11(2): specifications for national quality control programmes;
Article 15(1) second subparagraph: unannounced inspections by the Commission;
Article 17: Stakeholders’ Advisory Group;
Article 19: Committee procedure; and
Article 21: penalties.

DOCUMENTS

Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, pp. 72-84)

Successive amendments to Regulation (EC) No 300/2008 have been incorporated into the original text. This consolidated version is of documentary value only.

Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (OJ L 299, 14.11.2015, pp. 1-142)

Commission Regulation (EU) No 72/2010 of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation security (OJ L 23, 27.1.2010, pp. 1-5)

Commission Regulation (EU) No 1254/2009 of 18 December 2009 setting criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures (OJ L 338, 19.12.2009, p. 17)

Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council (OJ L 91, 3.4.2009, pp. 7-13)

Report from the Commission to the European Parliament and the Council — 2017 annual report on the implementation of Regulation (EC) No 300/2008 on common rules in the field of civil aviation security (COM(2019) 183 final, 16.4.2019)

Airworthiness and environmental certification

Regulation (EU) No 1321/2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks

Regulation (EU) No 748/2012 — implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations

Regulation (EU) No 1321/2014 aims to ensure that aircraft (and any component to be installed in and on them) continue to be airworthy.
Regulation (EU) No 748/2012 aims to ensure the airworthiness and environmental certification of aircraft and associated products, parts and appliances, and that design and production organisations are certified.
Both regulations deal with different certificates as any certificate, approval, licence, authorisation, attestation or other document issued as the result of a certification attesting compliance with the applicable requirements.The agency EASA should develop certification specifications* to facilitate the need to ensure uniformity in the application of common technical requirements in the field of continuing airworthiness of aeronautical parts and appliances.

KEY POINTS

Regulation (EU) No 1321/2014 sets out technical rules and procedures for aircraft and components to ensure aircraft, including any component for installation in or on them, continue to be airworthy, and which are:

registered in an EU country, unless their safety oversight has been delegated to a non-EU country and they are not used by an EU operator; or
registered in a non-EU country and used by an EU operator, where their safety oversight has been delegated to an EU country; or
registered in a non-EU country for which safety oversight has not been delegated to an EU country that are dry leased by a licenced air carrier in accordance with Regulation (EC) No 1008/2008 (see summary).

With detailed provisions outlined in various annexes, the regulation covers requirements and procedures for:

continuing airworthiness*, including rules relating to the relevant oversight organisations designated by EU countries;
maintenance* organisation approvals;
certifying staff qualification and licence requirements;
training organisation approvals, including for basic training, type training, examinations, and the ability to issue training certificates.

Regulation (EU) No 748/2012 lays down rules for the airworthiness and environmental certification of aircraft products, parts and appliances including conditions for:

type-certificates;
certificates of airworthiness, permits to fly and authorised release certificates;
repair design approvals;
compliance with environmental protection requirements;
noise certificates;
identification of products, parts and appliances;
certification of certain parts and appliances;
certification of design and production organisations;
airworthiness directives.
Delegated Regulation (EU) 2019/897 amends the regulation to include risk-based compliance verification and additional rules on implementing environmental protection.

Regulation (EU) No 1321/2014 has applied since 6 January 2015.
Regulation (EU) No 748/2012 has applied since 10 September 2012.

KEY TERMS

Certification specifications: standard means to demonstrate compliance of products or parts with the essential requirements of Regulation (EU) 2018/1139).
Continuing airworthiness: all of the processes ensuring that, at any time in its operating life, the aircraft complies with the airworthiness requirements in force and is in a condition for safe operation.
Maintenance: any one or combination of the following activities: overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection.

DOCUMENTS

Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, pp. 1-194)

Successive amendments to Regulation (EU) No 1321/2014 have been incorporated into the original document. This consolidated version is of documentary value only.

Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, pp. 1-85)

Regulation (EU) 2018/1139 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 (OJ L 212, 22.8.2018, pp. 1-122)

EU-US cooperation on civil aviation safety

Agreement between the USA and the EU on cooperation in the regulation of civil aviation safety

Decision 2011/719/EU — conclusion of the US-EU agreement on civil aviation safety

It aims to facilitate trade in goods and services in the civil aviation industry between the USA and the EU, by:

limiting any duplication of effort on assessments, tests and controls; and
the two parties recognising and relying on each other’s certification systems to check conformity.
The decision adopts and approves the agreement on behalf of the EU.

KEY POINTS

The agreement seeks to achieve:

reciprocal acceptance by the USA and the EU of each other’s compliance and approvals issued by the respective aviation authorities and their technical advisors;
a high level of safety in air transport;
continuing close cooperation on regulations and harmonisation between the USA and the EU in the following areas (revised by Amendment 1), including
airworthiness approvals and monitoring of civil aeronautical products, such as aircraft or aircraft parts
environmental testing and approvals of civil aeronautical products
approvals and monitoring of maintenance facilities
personnel licensing and training
aircraft operation and
air-traffic services and air-traffic management.

For each of these areas, the two parties will develop annexes to the agreement describing the terms and conditions for reciprocal acceptance of compliance and approvals, when civil aviation standards, rules, practices and procedures are sufficiently compatible in that area.

The parties also agree that any technical differences between their civil aviation systems will be dealt with in the annexes.

A Bilateral Oversight Board is set up to ensure that the agreement is effective, in particular:

handling disputes;
amending the annexes as appropriate;
providing a forum for discussion on
issues or changes that could affect the agreement’s implementation
common approaches to safety and environmental issues
sharing information on aviation safety concerns
draft regulations and legislation by either party;
sharing information on planned organisational changes;
adopting additional annexes as appropriate;
making proposals to amend the agreement.
Initial annexes adopted as part of the agreement

1.Airworthiness and environmental certification;

2.Maintenance.

The agreement entered into force on 1 May 2011.

DOCUMENTS

Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety (OJ L 291, 9.11.2011, pp. 3-44)

Amendment 1 to the Agreement on cooperation in the regulation of civil aviation safety between the European Community and the United States of America (OJ L 11, 16.1.2018, pp. 3-5)

Council Decision 2011/719/EU of 7 March 2011 concerning the conclusion of the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety (OJ L 291, 9.11.2011, pp. 1-2)

Safety regulation of aerodromes

Regulation (EU) No 139/2014 — requirements and administrative procedures related to aerodromes

It introduces EU-wide requirements for managing, certifying and operating aerodromes*, which replace the existing national rules on aerodrome safety.

Oversight of aerodromes

Each EU country must designate a competent authority (or authorities):

with powers and responsibilities to certify and oversee aerodromes, as well as their staff and organisations involved;
which is (are) independent from aerodrome operators and providers of apron management services*.

Staff authorised by the competent authority must have powers to perform at least the following tasks:

check records, data, procedures and any other material relevant to the execution of the certification and/or oversight task;
take away copies of or extracts from those materials;
ask for an oral explanation on-site;
enter aerodromes, relevant premises, operating sites or other relevant areas and means of transport;
perform audits, investigations, tests, exercises, assessments and inspections;
take or initiate enforcement measures as appropriate.

European Aviation Safety Agency (EASA)

Under Regulation (EC) No 1108/2009, the responsibilities of EASA were extended to cover aerodromes.

Within 3 months of the entry into force of Regulation (EU) No 139/2014 (the subject of this summary), EU countries must inform EASA of:

the names;
locations;
International Civil Aviation Organisation (ICAO) airport codes;
the names of the operators; and
the number of passengers and cargo movements;
of the aerodromes to which the rules laid down in Regulation (EC) No 1108/2009 and in this regulation apply.

Exemptions

EU countries may exempt from the rules of Regulation (EU) No 139/2014 an aerodrome which handles no more than:

10,000 passengers per year; and
850 movements related to cargo operations per year.
However, they must examine the traffic figures of an exempted aerodrome on a yearly basis.

Certificates

The regulation contains rules regarding the conversion of certificates issued before 31 December 2014, under national rules, for a transitional period up until 31 December 2017.

Until 31 December 2024, competent authorities may accept applications for a certificate including deviations from the certification specifications issued by EASA, if certain technical conditions cited in the regulation’s annexes are met. In such cases, the competent authorities must compile the evidence that those conditions are met in a Deviation Acceptance and Action Document (DAAD) which must be attached to the certificate. The competent authority must specify the period of validity of the DAAD and can amend, suspend or withdraw the DAAD in the event that the conditions are no longer met.

Aerodrome surroundings

EU countries must ensure that consultations take place on safety impacts of proposed constructions:

within the limits of the obstacle limitation* and obstacle protection* surfaces, as well as other surfaces associated with the aerodrome;
beyond the limits of the obstacle limitation and obstacle protection surfaces, as well as other surfaces associated with the aerodrome and which exceed the height set by EU countries.

They must also ensure they coordinate the safeguarding of aerodromes located near borders with other EU countries.

EU countries must also ensure that consultations are conducted with regard to human activities and land use such as:

developments which may create obstacle-induced turbulence that could be hazardous to aircraft operations;
the use of hazardous, confusing and misleading lights;
the use of highly reflective surfaces which may cause dazzling;
activities that may interfere with the performance of aeronautical communications, navigation and surveillance systems.

Wildlife hazard management

EU countries must:

have procedures for recording and reporting wildlife strikes to aircraft;
collect information from aircraft operators, aerodrome personnel and other sources on the presence of wildlife constituting a potential hazard to aircraft operations;
ensure wildlife hazards are evaluated on an ongoing basis by competent personnel.
They must also collect and forward wildlife strike reports to ICAO for inclusion in the ICAO Bird Strike Information System.

Annex I to Regulation (EU) No 139/2014 was amended in 2018 by Regulation (EU) 2018/401 regarding the classification of runways. It has applied since 6 March 2014.

DOCUMENTS

Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 44, 14.2.2014, pp. 1-34)

Successive amendments to Regulation (EU) No 139/2014 have been incorporated in the original document. This consolidated version is of documentary value only.

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 (OJ L 212, 22.8.2018, pp. 1-122)

Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services and repealing Directive 2006/23/EC (OJ L 309, 24.11.2009, pp. 51-70)

Occurrences in civil aviation — reporting, analysis and follow-up

Regulation (EU) No 376/2014 — reporting, analysis and follow-up of civil aviation accidents and incidents

It aims to improve aviation safety in the EU and globally by ensuring that relevant safety information relating to civil aviation is reported, collected, stored, protected, exchanged, disseminated and analysed.

KEY POINTS

The regulation sets out rules on:

the reporting of occurrences which would endanger an aircraft, its occupants and any other person, equipment or installation affecting aircraft operations;
the reporting of other relevant safety-related information in that context.

Mandatory reporting

Occurrences which may represent a significant risk to aviation safety must be reported, including those related to:
the operation of the aircraft, e.g. collision-related events and in-flight events;
technical conditions, maintenance and repair of an aircraft, e.g. structural defects and system malfunctions;
air navigation services and facilities, e.g. collisions, near collisions or potential for collisions;
aerodromes and ground services, e.g. handling of passengers, bags, mail and cargo.
The comprehensive list of occurrences to be reported under mandatory systems is detailed in Commission Implementing Regulation (EU) 2015/1018.
The responsible persons in each case (e.g. the pilot or the person signing an airworthiness certificate) must report occurrences within 72 hours of becoming aware of them, unless exceptional circumstances prevent this.

Reporting system

Each organisation established in an EU country must set up mandatory and voluntary reporting systems for the collection, evaluation, processing, analysis and storage of occurrences reported.
Each EU country and the European Aviation Safety Agency (EASA) must set up mandatory and voluntary reporting systems for the collection, evaluation, processing, analysis and storage of occurrences reported, including those reported to them by the organisations.
Small organisations may be allowed to put in place a simplified mechanism for the collection and storage of details of occurrences.
Each EU country and the EASA must send the occurrences they have collected to a European central repository (ECR) that is managed by the European Commission.

Risk classification

The regulation requires the Commission to develop, no later than 15 May 2017, a common European risk classification scheme to enable the organisations, EU countries and the EASA to classify occurrences according to their safety risk.

Exchange of information

Through the ECR, the EU countries and the EASA must make all safety-related information stored in their respective reporting databases available to the competent authorities of the other EU countries, the EASA and the Commission.
Any person or organisation entrusted with regulating civil aviation safety or any safety investigation authority within the EU has full access, secure and online, to information on occurrences contained in the ECR.

Confidentiality and protection of sources of information

Handling of reports must be done with a view to preventing the use of information for purposes other than safety.
In order to promote a ‘just culture’, safeguards must be put in place to keep the identity of the reporter and those mentioned in the occurrence reports confidential.
Employees must not be subject to any prejudice by their employer on the basis of an occurrence report. A few exceptions are defined such as the case of wilful misconduct on the part of an employee.

Except if national criminal law envisages otherwise, EU countries cannot institute proceedings on the basis of reports against sources and, in the event of proceedings, the information outlined in the record of events must not be used against the reporters or the persons mentioned in the record of events. An exception to this rule is made where there has been a serious disregard of an obvious risk and a profound failure of professional responsibility to take such care as is evidently required in the circumstances, which could cause foreseeable damage to a person or property, or seriously compromise the level of aviation safety.

DOCUMENT

Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, pp. 18-43)

It has applied since 15 November 2015.

Commission Implementing Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council (OJ L 163, 30.6.2015, pp. 1-17)

Civil aviation accidents and incidents

Regulation (EU) No 996/2010 — investigation and prevention of accidents and incidents in civil aviation

It aims to improve aviation safety by ensuring a high level of efficiency, expediency, and quality of European civil aviation safety investigations.
It lays down rules concerning the timely availability of information relating to all persons and dangerous goods on board an aircraft involved in an accident.
It also aims to improve the assistance to the victims of air accidents and their relatives.

Scope

This regulation applies to safety investigations into accidents* and serious incidents*:
which occur in the territories of European Union (EU) countries;
which occur outside the territories of the EU countries but involve aircraft registered in an EU country or which are operated by a company established in an EU country;
in which an EU country is entitled (according to international standards and recommended practices) to appoint an accredited representative to participate in the investigation;
in which an EU country — having special interest by virtue of fatalities or serious injuries to its citizens — is permitted by the country conducting the investigation to appoint an expert.

The regulation does not apply to safety investigations into accidents and serious incidents which involve aircraft engaged in military, customs, police or similar services.

Independent safety investigation authorities (SIAs)

Each EU country must ensure that safety investigations into civil aviation accidents and serious incidents are conducted, without external interference, by a permanent national civil aviation safety investigation authority (SIA).

Each SIA must be functionally independent from any authority or of any other party which could conflict with its tasks or influence its objectivity.
Each SIA must be capable of independently conducting a full safety investigation. EU countries must provide their respective SIAs with the means and finances — including a budget — to carry out their responsibilities independently and have access to sufficient resources.

In particular, the SIA must have at its disposal qualified personnel and adequate facilities including offices and hangars to store and examine the aircraft, its contents and its wreckage.

Obligation to investigate

Every accident or serious incident involving aircraft other than those specified in Annex II to Regulation (EC) No 216/2008 must be the subject of investigation in the EU country of the territory of which it occurred.

SIAs may decide to investigate incidents other than the ones referred in the above paragraph, as well as accidents and serious incidents to other types of aircraft, when they expect to draw safety lessons from them.

In no event may safety investigations be concerned with apportioning blame or liability. They must be independent of, separate from and without prejudice to any judicial or administrative proceedings to apportion blame or liability.

Cooperation between safety investigation authorities

The regulation allows for cooperation between SIAs as well as for the possibility of delegating tasks.

European Network of Civil Investigation Authorities (ENCASIA)

EU countries must ensure that their SIAs establish among themselves a European Network of Civil Aviation Safety Investigation Authorities (ENCASIA) to:

further improve the quality of the investigations conducted by SIAs and to strengthen their independence;
encourage high standards in investigation methods and investigator training.

Investigation

Notwithstanding any judicial investigation, the investigator-in-charge has the authority to take the necessary measures to satisfy the requirements of the safety investigation. Among other things, the investigator is entitled to:
have immediate unrestricted and unhampered access to the accident or incident site as well as to the aircraft, its contents or wreckage;
require that evidence is collected and debris or components are removed for analysis;
request autopsies and the medical examination of the people involved in the operation of the aircraft;
call witnesses and require them to give evidence.
The EU country in the territory of which an accident or serious incident occurred is responsible for ensuring safe treatment and protection of all evidence.

Coordination with other authorities

EU countries must ensure that SIAs and other authorities (e.g. judicial, civil aviation, search and rescue involved in the safety investigation) cooperate with each other via advanced arrangements, providing that those arrangements do not compromise SIAs’ independence.
EU countries must communicate these arrangements to the European Commission, which has to transmit them to the ENCASIA Chairman, the European Parliament and the Council of the European Union.

Confidentiality and appropriate use of information

The regulation establishes a list of records that must not be made available or used for purposes other than safety investigation (e.g. Flight Data Recorder data, draft reports, identity of persons who have given evidence, notes of investigators).

Rules in the regulation on confidential use of information, including information, such as serial and registration numbers, which directly identify aircraft subject to an occurrence report, are amended by Regulation (EU) No 376/2014. The regulation also recognises that the administration of justice or the authority competent may decide on the disclosure of records according to the national law. EU countries may decide to limit the cases in which such a decision of disclosure may be taken, while respecting EU legal acts.

Assistance for victims and relatives

EU countries must each put in place a national civil aviation accident emergency plan with provisions for assistance to victims of accidents and their relatives. They must also ensure that airlines have their own plan to help victims and their relatives, taking particular account of psychological support.
EU countries should also encourage non-EU airlines operating within the EU to adopt a similar plan.
Each EU country concerned by an accident must appoint a person as a point of contact and information for victims and relatives.
Airlines must offer travellers the opportunity to give the contact data of a person to be contacted in the event of an accident. The name of a person on board must not be made public before the relatives of that person have been informed.

Report and safety recommendations

During the investigation the safety authority will recommend any prompt action it considers necessary to enhance aviation safety to persons responsible for aircraft or aircraft equipment manufacture or maintenance, and to aircraft operators or for personnel training.

The investigation concludes with a report containing safety recommendations after final consultations with the authorities concerned, including the European Aviation Safety Agency. The final report is published in the shortest possible time, if possible within 12 months of the date of accident or incident. The authority will also record responses to its recommendations.

Each party receiving a safety recommendation, including the safety authorities at national and EU level, must also monitor the progress of the action taken in response to the safety recommendations received.
The regulation repeals Directive 94/56/EC. It has applied since 2 December 2010.

DOCUMENTS

Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, pp. 35-50)

Successive amendments to Regulation (EU) No 996/2010 have been incorporated in the original text. This consolidated version is of documentary value only.

Civil aviation rules and the EASA

Regulation (EU) 2018/1139 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency

It aims to establish a high and uniform level of civil aviation safety while ensuring environmental protection.

It updates aviation safety law and includes:a revised mandate for the European Aviation Safety Agency (EASA);
new rules designed to allow the EU aviation sector to grow, make it more competitive and encourage innovation.

KEY POINTS

The regulation covers all key areas of aviation including:

airworthiness;
aircrews;
aerodromes;
air operations; and
air navigation services.

The regulation:

includes rules for unmanned aircraft (civil drones);
aims to facilitate simpler rules for sport and recreational aviation;
sets out a division of tasks between the EU and national authorities;
repeals three previous regulations (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);
amends two directives (Directives 2014/30/EU on reducing interference between electrical and electronic devices and 2014/53/EU on the commercialisation of radio equipment) and four regulations ((EC) No 2111/2005 on the establishment of a list of banned air carriers and on the identity of the operating carrier, (EC) No 1008/2008 on the operation of air services, (EU) No 996/2010 on civil aviation accidents and incidents, (EU) No 376/2014 on occurrences in civil aviation); and
complements Regulations (EU) No 1321/2014 on airworthiness and (EU) No 748/2012 on environmental certification.

Main changes and additions

The regulation updates EU safety legislation in the aviation sector. Essential requirements are established for aircraft with respect to their airworthiness and environmental compatibility. Manufacturers will be required to issue certificates of airworthiness, in accordance with the technical requirements.

It introduces risk- and performance-based rules which set objectives but leave some flexibility as to the means for achieving them. It also promotes taking non-binding measures (such as safety promotion actions) whenever this is possible.

It revises the scope of some rules, by excluding small, single occupancy hot-air balloons, adjusting the weight limits for sailplanes, and adding light electric aircraft. It introduces reforms to:

deal with the growth of air traffic;
increase security;
reduce costs, delays and the impact of air traffic on the environment.

Cabin crew involved in commercial air transport are subject to certification and should be issued with an attestation. The European Commission has established detailed rules and procedures for the qualification of cabin crew members. The regulation also sets out essential requirements for safe ground handling services, which are now included within the scope of the regulation, and closes a number of other safety gaps.

A new chapter on aviation safety management is introduced, establishing the European Aviation Safety Programme, covering the whole aviation safety system.

Civil drones

The regulation introduces essential requirements for drones. The rules are meant to be proportionate to the risk of the particular operation or type of operation and state that the drone must be safely controllable and manoeuvrable. It should be designed to fit its function and intended type of operation, and take into account privacy and protection of personal data by design and by default. Identification of the drone and of the nature and purpose of the operation should also be possible.

The drone operator should be responsible for its operation and should have knowledge and skills proportionate to operating the drone safely. Organisations involved in drone design, production, maintenance, operations, related services and training, must establish a safety occurrence reporting system.

The regulation specifies the registration threshold that applies to drone operators: operators must be registered if they operate drones which can transfer more than 80 Joules of kinetic energy upon impact with a person. This threshold can be amended in the future without lengthy procedures to take account of developments in this area.

Depending on the nature and risk of the activity, the operational characteristics of the aircraft and the characteristics of area of operation, a certificate may be required for design, production, maintenance and operation as well as for personnel, including remote pilots.

The Commission will draw up detailed rules for drones, which are now defined as ‘aircraft operated or designed to be operated without a pilot on board’, and for drones’ operation with the help of EASA, on the basis of principles set out in the regulation.

European Aviation Safety Agency (EASA)

The regulation extends EASA’s scope to safety-related aspects of security, such as cybersecurity, and to environmental protection.

It establishes a mechanism for the pooling and sharing of aviation inspectors, and other technical assistance to support EU countries in certification, oversight and enforcement tasks.

The electronic information repository established by the Agency to ensure effective cooperation between the Agency and the national competent authorities includes information on the reallocation by one EU country to another or to the Agency of responsibilities related to certification, oversight and enforcement, as well as measures concerning flights above conflict zones.

It has applied since 11 September 2018.

DOCUMENTS

Successive amendments to Regulation (EU) No 1321/2014 have been incorporated into the original document. This consolidated version is of documentary value only.

Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, pp. 62-106)

Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (OJ L 96, 29.3.2014, pp. 79-106)

Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (OJ L 293, 31.10.2008, pp. 3-20)

Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (OJ L 344, 27.12.2005, pp. 15-22)