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 (Text with EEA relevance)

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Article 2U.K.Scope

1.This Regulation shall apply to:

(a)the design and production of products, parts and equipment to control aircraft remotely by a natural or legal person under the oversight of [F1the CAA], to the extent not covered by point (b);

(b)the design, production, maintenance and operation of aircraft, as well as their engines, propellers, parts, non-installed equipment and equipment to control aircraft remotely, where the aircraft is or will be:

(i)

registered in [F2the United Kingdom], unless and to the extent that [F3the United Kingdom] has transferred its responsibilities pursuant to the Chicago Convention to a third country and the aircraft is operated by a third country aircraft operator;

(ii)

registered in a third country and operated by an aircraft operator established, residing or with a principal place of business in the [F4United Kingdom];

(iii)

an unmanned aircraft, that is registered neither in [F5the United Kingdom] nor in a third country and that is operated within the [F6United Kingdom] by an aircraft operator established, residing or with a principal place of business within [F7the United Kingdom];

(c)the operation of aircraft into, within, or out of the [F8United Kingdom] by a third country aircraft operator;

(d)the design, production, maintenance and operation of safety-related aerodrome equipment used or intended for use at the aerodromes referred to in point (e) and the provision of groundhandling services and AMS at those aerodromes;

(e)the design, maintenance and operation of aerodromes, including the safety-related equipment used at those aerodromes, located in the [F9United Kingdom], which:

(i)

are open to public use;

(ii)

serve commercial air transport; and

(iii)

have a paved instrument runway of 800 metres or more, or exclusively serve helicopters using instrument approach or departure procedures;

(f)without prejudice to F10... national law on environment and land-use planning, the safeguarding of surroundings of the aerodromes referred to in point (e);

(g)the provision of ATM/ANS in [F11United Kingdom] airspace, and the design, production, maintenance and operation of systems and constituents used in the provision of those ATM/ANS;

[F12(h)the design of airspace structures].

2.This Regulation shall also apply to the personnel and organisations involved in the activities referred to in paragraph 1.

3.This Regulation shall not apply to:

(a)aircraft, and their engines, propellers, parts, non-installed equipment and equipment to control aircraft remotely, while carrying out military, customs, police, search and rescue, firefighting, border control, coastguard or similar activities or services under the control and responsibility of [F13the United Kingdom], undertaken in the public interest by or on behalf of a body vested with the powers of a public authority, and the personnel and organisations involved in the activities and services performed by those aircraft;

(b)aerodromes or parts thereof, as well as equipment, personnel and organisations, that are controlled and operated by the military;

(c)ATM/ANS, including systems and constituents, personnel and organisations, that are provided or made available by the military;

(d)the design, production, maintenance and operation of aircraft the operation of which involves low risk for aviation safety, as listed in Annex I, and to the personnel and organisations involved therein, unless the aircraft has been issued, or has been deemed to have been issued, with a certificate in accordance with Regulation (EC) No 216/2008.

As regards point (a), [F14the CAA in relation to civil aviation, and the Secretary of State in relation to military aviation] shall ensure that activities and services performed by the aircraft referred to in that point are carried out with due regard to the safety objectives of this Regulation. [F15The CAA or the Secretary of State (as the case may be)] shall also ensure that, where appropriate, those aircraft are safely separated from other aircraft.

F16...

4.By derogation from point (d) of the first subparagraph of paragraph 3, this Regulation, and the [F17regulations made under it], shall apply to the design, production and maintenance of an aircraft type falling within the scope of points (e), (f), (g), (h), or (i) of point 1 of Annex I and to the personnel and organisations involved in those activities, where:

(a)the organisation responsible for the design of that aircraft type has applied for a type certificate to the [F18CAA] in accordance with Article 11 or, if applicable, has made a declaration to the [F18CAA] in accordance with point (a) of Article 18(1) in respect of that aircraft type;

(b)that aircraft type is intended for serial production; and

(c)the design of that aircraft type has not been previously approved in [F19the United Kingdom].

This Regulation, and [F20regulations made under it], shall apply with respect to the aircraft type concerned from the date on which the type certificate is issued or, if applicable, from the date on which the declaration is made. However, the provisions regarding the assessment of the application for the type certificate and the issuance of the type certificate by the [F21CAA] shall apply from the date at which the application is received.

5.Without prejudice to national security and defence requirements, [F22the Secretary of State] shall ensure that:

(a)the facilities referred to in point (b) of the first subparagraph of paragraph 3 of this Article that are open to public use; and

(b)the ATM/ANS referred to in point (c) of the first subparagraph of paragraph 3 of this Article that are provided to air traffic to which Regulation (EC) No 549/2004 applies,

offer a level of safety and interoperability with civil systems that is as effective as that resulting from the application of the essential requirements set out in Annexes VII and VIII to this Regulation.

6.[F23The Secretary of State] may decide to apply any, or any combination, of Section I, II, III, or VII of Chapter III, to some or all activities referred to in point (a) of the first subparagraph of paragraph 3 and to the personnel and organisations involved in those activities, [F24where the Secretary of State considers] that, in light of the characteristics of the activities, personnel and organisations in question and the purpose and content of the provisions concerned, those provisions can be effectively applied.

From the date specified in that decision, the activities, personnel and organisations concerned shall be solely regulated by the provisions of the Section, or Sections, concerned and by the provisions of this Regulation related to the application of those sections.

The [F25Secretary of State] shall without delay notify [F26the CAA] of [F27a decision] and shall [F28provide the CAA] with all relevant information, in particular:

(a)the Section or Sections concerned;

(b)the activities, personnel and organisations concerned;

(c)the reasons for [F29the decision]; and

(d)the date from which that decision applies.

F30...

[F31The Secretary of State] may also at any time decide to modify or revoke the earlier decision referred to in the first subparagraph of this paragraph. F32...

F33...

7.[F34The CAA] may decide to exempt from this Regulation the design, maintenance and operation of an aerodrome, and the safety-related equipment used at that aerodrome, where that aerodrome handles no more than 10 000 commercial air transport passengers per year and no more than 850 movements related to cargo operations per year, and provided that F35... such exemption does not endanger compliance with the essential requirements referred to in Article 33.

From the date specified in that exemption decision, the design, maintenance and operation of the aerodrome concerned and the safety-related equipment and groundhandling services and AMS at that aerodrome shall no longer be regulated by this Regulation and by the [F36regulations made under it].

F37...

[F38The CAA] shall, on an annual basis, examine the traffic figures of the aerodromes that [F39it has exempted] pursuant to this paragraph or Article 4(3b) of Regulation (EC) No 216/2008. Where that examination demonstrates that, over three consecutive years, one of those aerodromes handles more than 10 000 commercial air transport passengers per year or more than 850 movements related to cargo operations per year, [F40the CAA] shall revoke the exemption of that aerodrome. F41...

F42...

8.[F43The CAA] may decide to exempt from this Regulation the design, production, maintenance and operation activities in respect of one or more of the following categories of aircraft:

(a)aeroplanes, other than unmanned aeroplanes, which have no more than two seats, measurable stall speed or minimum steady flight speed in landing configuration not exceeding 45 knots calibrated air speed and a maximum take-off mass (MTOM), as recorded by the [F44CAA], of no more than 600 kg for aeroplanes not intended to be operated on water or 650 kg for aeroplanes intended to be operated on water;

(b)helicopters, other than unmanned helicopters, which have no more than two seats and a MTOM, as recorded by the [F45CAA], of no more than 600 kg for helicopters not intended to be operated on water or 650 kg for helicopters intended to be operated on water;

(c)sailplanes, other than unmanned sailplanes, and powered sailplanes, other than unmanned powered sailplanes, which have no more than two seats and a MTOM, as recorded by the [F46CAA], of no more than 600 kg.

However, as regards the categories of aircraft referred to in the first subparagraph [F47the CAA] may not take such a decision concerning aircraft in respect of which a certificate has been issued, or has been deemed to have been issued, in accordance with Regulation (EC) No 216/2008 or with this Regulation, or in respect of which a declaration has been made in accordance with this Regulation.

9.An exemption decision taken by [F48the CAA] pursuant to paragraph 8 shall not prevent an organisation with a principal place of business in [F49the United Kingdom] from deciding to carry out its design and production activities in respect of aircraft covered by that decision in accordance with this Regulation and with [F50regulations made under it]. Where such an organisation takes such a decision it shall inform the [F51CAA] thereof. In such cases, the exemption decision taken by the [F52CAA] pursuant to paragraph 8 shall not apply to those design and production activities or to the aircraft designed and produced as a result of those activities.

10.F53...

Any certificate that is issued in respect of aircraft to which an exemption decision taken pursuant to paragraph 8 applies shall clearly indicate that that certificate is issued not under this Regulation but under [F54the Air Navigation Order 2016].

11.Any [F55enactment] regulating the design, production, maintenance and operation activities of the aircraft to which [F56an exemption decision under paragraph 8] applies shall be proportionate to the nature and risk of the activity concerned and shall take account of the objectives and principles set out in Articles 1 and 4 respectively.

F57...

[F58The CAA] may decide to modify or revoke an exemption decision that it has taken pursuant to paragraph 8. F59...

F60...

An exemption decision taken by [F61the CAA] pursuant to paragraph 8 shall also apply to the organisations and personnel involved in the design, production, maintenance and operation activities to which that decision applies.

Textual Amendments

F1Words in Art. 2(1)(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 84(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)