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Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (Text with EEA relevance) (repealed) (c. 216)

ANNEX V U.K. [F1 Criteria for qualified entities referred to in Article 13 ( ‘ qualified entity ’ or ‘ entity ’ )]

Textual Amendments

F1 Substituted by Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services and repealing Directive 2006/23/EC (Text with EEA relevance).

1. The entity, its Director and the staff responsible for carrying out the checks, may not become involved, either directly or as authorised representatives, in the design, manufacture, marketing or maintenance of the products, parts, appliances, constituents or systems or in their operations, service provision or use. This does not exclude the possibility of an exchange of technical information between the involved organisations and the qualified entity. U.K.

2. The entity and the staff responsible for the certification tasks must carry out their duties with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive, in particular of a financial type, which could affect their judgment or the results of their investigations, in particular from persons or groups of persons affected by the results of the certification tasks. U.K.

3. The entity must employ staff and possess the means required to perform adequately the technical and administrative tasks linked with the certification process; it should also have access to the equipment needed for exceptional checks. U.K.

4. The staff responsible for investigation must have: U.K.

• sound technical and vocational training,

• satisfactory knowledge of the requirements of the certification tasks they carry out and adequate experience of such processes,

• the ability required to draw up the declarations, records and reports to demonstrate that the investigations have been carried out.

5. The impartiality of the investigation staff must be guaranteed. Their remuneration must not depend on the number of investigations carried out or on the results of such investigations. U.K.

6. The entity must take out liability insurance unless its liability is assumed by one Member State in accordance with its national law. U.K.

7. The staff of the entity must observe professional secrecy with regard to all information acquired in carrying out their tasks under this Regulation. U.K.