Civil aviation rules and the European Union Aviation Safety Agency

 

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?

• The regulation 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); and
  • 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 the division of tasks between the EU and national authorities;
• repeals three previous regulations (Regulations (EC) Nos 552/2004 and 216/2008 and (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) Nos 2111/2005 on the establishment of a list of banned air carriers and on the identity of the operating carrier and 1008/2008 on the operation of air services and (EU) Nos 996/2010 on civil aviation accidents and incidents and 376/2014 on occurrences in civil aviation);
• complements Regulations (EU) Nos 1321/2014 on airworthiness and 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 measures) whenever this is possible.
• It revises the scope of some rules by excluding small, single-person 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 cabin crew qualification.
• 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.
• There is also a chapter on aviation safety management, establishing the European plan for aviation safety, 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 the 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 the appropriate knowledge and skills to operate 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 its area of operation, a certificate may be required for its design, production, maintenance and operation and for its 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).
• A delegated act, Delegated Regulation (EU) 2024/1107, sets out the rules on the continuing airworthiness of certified unmanned aircraft systems and their components, and on approving organisations and personnel involved in these tasks.
• An implementing act, Implementing Regulation (EU) 2024/1109, which applies from 1 May 2025, includes rules regarding competent authority requirements and administrative procedures for certifying, overseeing and enforcing the continuing airworthiness of certified drones.

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.
• It ensures that these pilots still receive training on the subjects that are specific to EU airspace, or otherwise not required in non-EU countries, while ensuring they do not need to excessively retrain for aspects already covered previously.
• Regulation (EU) 2020/723 was previously part of an implementing act, 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

As regards noise and emissions, aircraft other than unmanned aircraft and their engines, propellers, parts and non-installed equipment must comply with the environmental protection requirements contained in Annex 16 to the Convention on International Civil Aviation from 1 January 2021.

European Union Aviation Safety Agency

• The regulation extends EASA’s scope to include safety-related aspects of security, such as cybersecurity, and 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 EASA to ensure effective cooperation between EASA and the relevant national authorities includes information on the reallocation by one Member State to another, or to EASA, of responsibilities related to certification, oversight and enforcement, along with measures concerning flights above conflict zones.
• EASA and the national competent authorities may allocate their tasks related to certification and oversight under this regulation to qualified entities that have been accredited. Implementing Regulation (EU) 2024/1403, which came into effect on 13 June 2024, lays down the conditions and procedures for the accreditation of these entities.

Information security risks with a potential impact on aviation safety

• Delegated Regulation (EU) 2022/1645, which applies from 16 October 2025, sets out the requirements to be met in order to identify and manage information security risks with a potential impact on aviation safety for organisations.
• These requirements cover a wide range of aviation domains and their interfaces, as aviation is a highly interconnected system of systems, and apply to all the organisations that are already required to have a management system under EU aviation safety legislation.
• Organisations covered include production and design organisations, air operators, maintenance organisations, airworthiness management organisations, training organisations, operators of flight simulation training devices, air traffic management / air navigation service providers, aerodrome operators and apron management service* providers.
• Implementing Regulation (EU) 2023/203 sets out the blueprint for the EU’s cyber-resilient aviation system, laying down the rules for identifying and managing security risks that could affect information and communication technology systems and data used for civil aviation purposes in aviation organisations covered by Commission Regulations (EU) Nos 1321/2014, 965/2012 and 1178/2011 and (EU) 2015/340 and Commission Implementing Regulations (EU) 2017/373 and 2021/664, and in competent authorities (including EASA) covered by Commission Regulations (EU) Nos 748/2012, 1321/2014, 965/2012, 1178/2011 and 139/2014 and (EU) 2015/340 and Commission Implementing Regulations (EU) 2017/373 and 2021/664, and amending Commission Regulations (EU) Nos 1178/2011, 748/2012, 965/2012, 139/2014 and 1321/2014 and (EU) 2015/340 and Commission Implementing Regulations (EU) 2017/373 and 2021/664. Implementing Regulation (EU) 2023/203, which applies from 22 February 2026, lays down requirements for detecting information security events, identifying those that are considered information security incidents and responding to, and recovering from, those information security incidents at a level commensurate with their impact on aviation safety.
• To manage safety risks deriving from information security threats, Implementing Regulation (EU) 2024/1109 (see above) amends Regulation (EU) 2023/203 to include within its scope the competent authorities responsible for the continuing airworthiness of certified drones and their components so that the requirements in relation to these risks are applied.

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

KEY TERMS

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.

RELATED DOCUMENTS

Commission Delegated Regulation (EU) 2024/1107 of 13 March 2024 supplementing Regulation (EU) 2018/1139 of the European Parliament and of the Council by laying down detailed rules for the continuing airworthiness of certified unmanned aircraft systems and their components, and on the approval of organisations and personnel involved in these tasks (OJ L, 2024/1107, 23.5.2024).

Commission Implementing Regulation (EU) 2024/1109 of 10 April 2024 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council as regards competent authority requirements and administrative procedures for the certification, oversight and enforcement of the continuing airworthiness of certified unmanned aircraft systems, and amending Implementing Regulation (EU) 2023/203 (OJ L, 2024/1109, 23.5.2024).

Commission Delegated Regulation (EU) 2024/1403 of 12 March 2024 supplementing Regulation (EU) 2018/1139 of the European Parliament and of the Council by laying down the conditions and procedures for the accreditation by the European Union Aviation Safety Agency of qualified entities (OJ L, 2024/1403, 24.5.2024).

Commission Implementing Regulation (EU) 2023/203 of 27 October 2022 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council, as regards requirements for the management of information security risks with a potential impact on aviation safety for organisations covered by Commission Regulations (EU) No 1321/2014, (EU) No 965/2012, (EU) No 1178/2011, (EU) 2015/340, Commission Implementing Regulations (EU) 2017/373 and (EU) 2021/664, and for competent authorities covered by Commission Regulations (EU) No 748/2012, (EU) No 1321/2014, (EU) No 965/2012, (EU) No 1178/2011, (EU) 2015/340 and (EU) No 139/2014, Commission Implementing Regulations (EU) 2017/373 and (EU) 2021/664 and amending Commission Regulations (EU) No 1178/2011, (EU) No 748/2012, (EU) No 965/2012, (EU) No 139/2014, (EU) No 1321/2014, (EU) 2015/340, and Commission Implementing Regulations (EU) 2017/373 and (EU) 2021/664 (OJ L 31, 2.2.2023, pp. 1–40).

See consolidated version.

Commission Delegated Regulation (EU) 2022/1645 of 14 July 2022 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council, as regards requirements for the management of information security risks with a potential impact on aviation safety for organisations covered by Commission Regulations (EU) No 748/2012 and (EU) No 139/2014 and amending Commission Regulations (EU) No 748/2012 and (EU) No 139/2014 (OJ L 248, 26.9.2022, pp. 18–31).

Commission Implementing Regulation (EU) 2021/664 of 22 April 2021 on a regulatory framework for the U-space (OJ L 139, 23.4.2021, pp. 161–183).

Commission Delegated Regulation (EU) 2020/723 of 4 March 2020 laying down detailed rules with regard to the acceptance of third-country certification of pilots and amending Regulation (EU) No 1178/2011 (OJ L 170, 2.6.2020, pp. 1–8).

Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft (OJ L 152, 11.6.2019, pp. 45–71).

See consolidated version.

Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (OJ L 62, 8.3.2017, pp. 1–126).

See consolidated version.

Commission Regulation (EU) 2015/340 of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (OJ L 63, 6.3.2015, pp. 1–122).

See consolidated version.

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).

See consolidated version.

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).

See consolidated version.

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).

See consolidated version.

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).

See consolidated version.

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).

See consolidated version.

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 (recast) (OJ L 224, 21.8.2012, pp. 1–85).

See consolidated version.

Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, pp. 1–148).

See consolidated version.

Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, pp. 1–193).

See consolidated version.

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).

See consolidated version.

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).

See consolidated version.

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).

See consolidated version.

last update 12.07.2024