CHAPTER V – THE EUROPEAN UNION AVIATION SAFETY AGENCY
Basic Regulation · Regulation (EU) 2018/1139 · Article 75 – Article 126
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Article 75 Establishment and functions of the Agency
A European Union Aviation Safety Agency is hereby established.
Article 76 Agency measures
The Agency shall, upon request, assist the Commission in the preparation of proposals for amendments to this Regulation and of delegated and implementing…
Article 77 Airworthiness and environmental certification
With regard to the products, parts, non-installed equipment and equipment to control unmanned aircraft remotely, referred to in points (a) and (b)(i) of…
Article 78 Aircrew certification
The Agency shall be responsible for the tasks related to certification, oversight and enforcement in accordance with Article 62(2) with respect to the…
Article 79 Certification of Safety-Related Aerodrome Equipment
With regard to the safety-related aerodrome equipment referred to in Article 35, the Agency shall:
Article 80 ATM/ANS
The Agency shall be responsible for the tasks related to certification, oversight and enforcement in accordance with Article 62(2) with respect to:
Article 81 Air traffic controller training organisations certification
The Agency shall be responsible for the tasks related to certification, oversight, and enforcement in accordance with Article 62(2) with respect to the…
Article 82 Third-country aircraft operators and international safety oversight
The Agency shall be responsible for the tasks related to certification, oversight and enforcement in accordance with Article 62(2) with respect to the…
Article 83 Investigations by the Agency
The Agency shall conduct either itself or through national competent authorities or qualified entities the investigations necessary for the performance…
Article 84 Fines and periodic penalty payments
The Commission may, at the request of the Agency, impose on a legal or natural person to whom the Agency has issued a certificate, or who has made a…
Article 85 Monitoring of Member States
The Agency shall assist the Commission in monitoring the application by the Member States of this Regulation and of the delegated and implementing acts…
Article 86 Research and innovation
The Agency shall assist the Commission and the Member States in identifying key research themes in the field of civil aviation to contribute to ensuring…
Article 87 Environmental protection
The measures taken by the Agency as regards emissions and noise, for the purpose of the certification of the design of products in accordance with…
Article 88 Interdependencies between civil aviation safety and security
The Commission, the Agency and the Member States shall cooperate on security matters related to civil aviation, including cyber security, where…
Article 89 Interdependencies between civil aviation safety and socioeconomic factors
The Commission, the Agency, other Union institutions bodies, offices and agencies and the Member States, shall, within their respective fields of…
Article 90 International cooperation
The Agency shall, upon request, assist the Commission in its management of relations with third countries and international organisations relating to…
Article 91 Aviation Crisis Management
The Agency shall, within its field of competence, contribute to a timely response to and mitigation of aviation crises, in coordination, with other…
Article 92 Aviation training
In order to promote best practices and uniformity in the implementation of this Regulation and of the delegated and implementing acts adopted on the…
Article 93 Implementation of Single European Sky
The Agency shall, where it has the relevant expertise and upon request, provide technical assistance to the Commission, in the implementation of the…
Article 94 Legal status, seat and local offices
The Agency shall be a body of the Union. It shall have legal personality.
Article 95 Staff
The Staff Regulations of Officials of the European Union, the Conditions of Employment of Other Servants of the European Union and the rules adopted by…
Article 96 Privileges and immunities
The Protocol No 7 on the Privileges and Immunities of the European Union, annexed to the TEU and to the TFEU, shall apply to the Agency and its staff.
Article 97 Liability
The contractual liability of the Agency shall be governed by the law applicable to the contract in question.
Article 98 Functions of the Management Board
The Agency shall have a Management Board. The Management Board shall:
Article 99 Composition of the Management Board
The Management Board shall be composed of representatives from Member States and from the Commission, all with voting rights.
Article 100 Chairperson of the Management Board
The Management Board shall elect a Chairperson and a Deputy Chairperson from among its members with voting rights.
Article 101 Meetings of the Management Board
Meetings of the Management Board shall be convened by its Chairperson.
Article 102 Voting rules of the Management Board
Without prejudice to points (c) and (d) of Article 98(2) and Article 103(7), the Management Board shall take decisions by majority of its members with…
Article 103 Executive Director
The Executive Director shall be engaged as a temporary agent of the Agency under point (a) of Article 2 of the Conditions of Employment of Other Servants.
Article 104 Responsibilities of the Executive Director
The Executive Director shall manage the Agency. The Executive Director shall be accountable to the Management Board.
Article 105 Powers of the Board of Appeal
A Board of Appeal shall be established as part of the administrative structure of the Agency.
Article 106 Members of the Board of Appeal
The members and their alternates shall be appointed by the Management Board from a list of qualified candidates established by the Commission.
Article 107 Exclusion and objection
The members of the Board of Appeal shall not take part in any appeal proceedings if they have any personal interest therein, if they have previously been…
Article 108 Decisions subject to appeal
An appeal may be brought against decisions of the Agency taken pursuant to Article 64, 65, Article 76(6), Article 77 to 83, 85 or 126.
Article 109 Persons entitled to appeal
Any natural or legal person may appeal against a decision addressed to that person, or against a decision which, although in the form of a decision…
Article 110 Time limit and form
The appeal, together with a substantiated statement of grounds thereof, shall be filed in writing at the Board of Appeal's secretariat within two months…
Article 111 Interlocutory revision
Before examining the appeal, the Board of Appeal shall give the Agency the opportunity to review its decision.
Article 112 Examination of appeals
The Board of Appeal shall assess whether the appeal is admissible and well founded.
Article 113 Decisions on appeal
Where the Board of Appeal finds that the appeal is not admissible or that the grounds for appeal are not founded, it shall reject the appeal.
Article 114 Actions before the Court of Justice
Actions may be brought before the Court of Justice for the annulment of acts of the Agency intended to produce legal effects vis-à-vis third parties, for…
Article 115 Procedures for the development of opinions, certification specifications and other detailed specifications, acceptable means of compliance and guidance material
The Management Board shall establish transparent procedures for issuing opinions, certification specifications and other detailed specifications…
Article 116 Procedures for taking decisions
The Management Board shall establish transparent procedures for taking individual decisions as provided for in Article 76(4).
Article 117 Annual and multi-annual programming
By 31 December each year, in accordance with point (c) of Article 98(2), the Management Board shall adopt a programming document containing multi-annual…
Article 118 Consolidated annual activity report
The consolidated annual activity report shall describe the way in which the Agency has implemented its annual work programme, budget and staff resources.
Article 119 Transparency and communication
Regulation (EC) No 1049/2001 shall apply to documents held by the Agency.
Article 120 Budget
Without prejudice to other revenues, the revenues of the Agency shall comprise:
Article 121 Implementation and control of the budget
The Executive Director shall implement the budget of the Agency.
Article 122 Combating fraud
In order to combat fraud, corruption and other unlawful activities, the Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the…
Article 123 Security rules on the protection of classified and sensitive non-classified information
The Agency shall adopt own security rules equivalent to the Commission's security rules for protecting European Union Classified Information (EUCI) and…
Article 124 Evaluation
Not later than 12 September 2023, and every five years thereafter, the Commission shall perform an evaluation in compliance with the Commission…
Article 125 Financial rules
The financial rules applicable to the Agency shall be adopted by the Management Board after consultation of the Commission.
Article 126 Fees and charges
Fees and charges shall be levied for: the issuing and renewal of certificates and the registration of declarations by the Agency pursuant to this…
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