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Regulation 216/2008 - EASA Basic Regulation

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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 published in the Official Journal of the European Union

Objective

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

Additional objectives:

  • to ensure a high uniform level of environmental protection;
  • to facilitate the free movement of goods, persons and services;
  • to promote cost-efficiency in the regulatory and certification processes and to avoid duplication at national and European level;
  • to assist Member States in fulfilling their obligations under the Chicago Convention;
  • to promote Community views regarding civil aviation safety standards and rules throughout the world;
  • to provide a level playing field for all actors in the internal aviation market.

Summary

Scope

This Regulation shall apply to:

  • the design, production, maintenance and operation of aeronautical products, parts and appliances, as well as personnel and organisations involved in these activities;
  • personnel and organisations involved in the operation of aircraft.

This Regulation shall not apply to products, parts, appliances, personnel and organisations engaged in military, customs, police, or similar services. The Member States shall ensure that such services have due regard to the objectives of this Regulation.

Substantive Requirements

This part of the Regulation defines the basic principles and lays down requirements for:

  • Airworthiness
  • Environmental protection
  • Pilots
  • Air operations
  • Aircraft used by a third-country operator
  • Oversight and enforcement
  • Recognition of certificates
  • Acceptance of third-country certification
  • Qualified entities
  • Information network
  • Protection of the source of information

The European Aviation Safety Agency (EASA)

This part of the Regulation defines:

  • the tasks that are performed by EASA; these are mostly related to:
    • issuing certificates
    • oversight and monitoring
    • development and provision of guidance material
  • the internal structure of EASA
  • the working methods of EASA
  • financial and evaluation provisions regarding EASA

Final Provisions

The final provisions of the Regulation define:

  • The Committee that is set up to assist the Commission
  • The participation of European third countries
  • The commencement of the Agency's operation
  • The principles regarding penalties for infringing this Regulation. The penalties shall be effective, proportionate and dissuasive.

Annexes

The main body of the Regulation is followed by six annexes:

  • Annex I contains essential requirements for airworthiness.
  • Annex II contains aircraft that are excluded from the provisions of this Regulation.
  • Annex III contains essential requirements for pilot licensing.
  • Annex IV contains essential requirements for air operations.
  • Annex V contains criteria for qualified entities to which specific certification tasks are allocated.
  • Annex VI contains a correlation table between Regulation 1592/2002 and this Regulation.

Entry into Force

This Regulation entered into force in April 2008. Provisions regarding:

  • Airworthiness
  • Essential requirements for environmental protection
  • Pilots
  • Air operations
  • Aircraft used by a third-country operator into, within or out of the Community
  • Oversight and enforcement

apply as from the dates specified in their respective implementing rules, but not later than 8 April 2012.

This regulation repeals:

  • Regulation 1592/2002; references made to the repealed Regulation shall be construed as being made to this Regulation and should be read in accordance with the correlation table set out in Annex VI in this Regulation.
  • Council Directive 91/670/EEC as from the entry into force of the measures referred to in Article 7(6) of this Regulation.
  • Annex III to Regulation (EEC) No 3922/91 shall be deleted as from the entry into force of the corresponding measures referred to in Article 8(5) of this Regulation.
  • Directive 2004/36/EC is hereby repealed as from the entry into force of the measures referred to in Article 10(5) of this Regulation, and without prejudice to the implementing rules referred to in Article 8(2) of that Directive.

Regulation 216/2008 - Establishing EASA (OJ, 19.03.2008)

Amendments

This Regulation was amendad by:

Regulation 690/2009

This Regulation updates references to ICAO Annex 16 regarding environmental protection requirements.

Regulation 1108/2009

The scope of the Regulation is enlarged to include aerodromes, aerodrome equipment, systems for ATM/ANS as well as related personnel and organisations. Military-related activities, personnel and organizations are excluded.

Definitions to aerodrome-related terms are added.

The applicability is expanded to cover aerodromes.

EASA is to develop (when applicable) acceptable means of compliance (previously limited to guidance materials).

The following substantive requirements are amended:

  • Airworthiness
  • Pilots
  • Air operations
  • Aircraft used by a third-country operator
  • Oversight and enforcement
  • Recognition of certificates
  • Qualified entities

Substantive requirements are added for:

  • Aerodromes
  • ATM/ANS
  • Air traffic controllers

The part containing provisions regarding EASA is amended, the most notable changes being:

  • The EASA functions regarding certification and development of acceptable means of compliance are amended.
  • Added provisions for certification and audit of ATM/ANS and air traffic controllers.
  • Updated references to cover the new provisions in the "Substantive requirements" chapter.
  • The adoption date of the EASA programme of work for the coming year is changed to 30 November (previously 30 September).

Two new annexes are added:

  • Annex Va - Essential requirements for aerodromes
  • Annex Vb - Essential requirements for ATM/ANS and air traffic controllers

Regulation 6/2013

This Regulation updates references to ICAO Annex 16 regarding environmental protection requirements.

This Regulation also defines the conditions under which Member states may grant exemptions to the emissions production cut-off requirement established in Annex 16 to the Chicago Convention. (Note: This provision is not part of Regulation 216/2008.)

Regulaiton 2016/4

This Regulation updates references to ICAO Annex 16 regarding environmental protection requirements.

Regulation 216/2008 - EASA Basic Regulation - consolidated version, with integrated amendments up to January 2016 inclusive.

Related Implementing Rules

Further Reading

European Commission

EUROCONTROL