Civil aviation rules and the EASA

SUMMARY OF:

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

WHAT IS THE AIM OF THE REGULATION?

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 Union Aviation Safety Agency (EASA);
- new rules designed to allow the European Union (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 (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);
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 that 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, which covers 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 that 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.
In accordance with the regulation, the Commission, with the help of EASA, drew up Implementing Regulation (EU) 2019/947, which lays down detailed rules for drones and for drone operation (see summary).

Pilot licences issued by non-EU countries

Delegated Regulation (EU) 2020/723 establishes the procedures and, in particular, the possible training credit that can be claimed by a pilot who has obtained a pilot’s licence in a non-EU country and wants to convert it into an EU licence. The regulation ensures that the pilots still receive training on the subjects that are specific to EU airspace, or otherwise not required in non-EU countries, whilst ensuring they do not need to excessively retrain for aspects already covered previously. The act was previously part of implementing Regulation (EU) 1178/2011 (see summary), but needed to be separated into a delegated act due to the requirements of Regulation (EU) 2018/1139.

Environmental protection

Delegated Regulation (EU) 2021/1087 was adopted in order to update and align EU legislation according to the latest version of the environmental protection requirements of Annex 16 to the Chicago Convention, applicable as of 1 January 2021.

European Union 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 Member States 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 Member State to another or to the agency of responsibilities related to certification, oversight and enforcement, along with measures concerning flights above conflict zones.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 11 September 2018.

BACKGROUND

For further information, see:

European Union Aviation Safety Agency (EASA) (European Commission).

MAIN DOCUMENT

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).

Successive amendments to Regulation (EU) 2018/1139 have been incorporated into the original document. This consolidated version is of documentary value only.