Regulation (EC) No 216/2008 of the European Parliament and of the Council (repealed)Show full title

CHAPTER I U.K. PRINCIPLES

[F1 Article 1 U.K. Scope

1. This Regulation shall apply to:

(a) the design, production, maintenance and operation of aeronautical products, parts and appliances, as well as personnel and organisations involved in the design, production and maintenance of such products, parts and appliances;

(b) personnel and organisations involved in the operation of aircraft;

(c) the design, maintenance and operation of aerodromes, as well as personnel and organisations involved therein and, without prejudice to Community and national legislation on environment and land-use planning, the safeguarding of surroundings of aerodromes;

(d) the design, production and maintenance of aerodrome equipment, as well as personnel and organisations involved therein;

(e) the design, production and maintenance of systems and constituents for air traffic management and air navigation services (ATM/ANS), as well as personnel and organisations involved therein;

(f) ATM/ANS, as well as personnel and organisations involved therein.

2. This Regulation shall not apply to:

(a) products, parts, appliances, personnel and organisations referred to in paragraph 1(a) and (b) while carrying out military, customs, police, search and rescue, firefighting, coastguard or similar activities or services. The Member States shall undertake to ensure that such activities or services have due regard as far as practicable to the objectives of this Regulation;

(b) aerodromes or part thereof, as well as equipment, personnel and organisations, referred to in paragraph 1(c) and (d), that are controlled and operated by the military;

(c) ATM/ANS, including systems and constituents, personnel and organisations, referred to in paragraph 1(e) and (f), that are provided or made available by the military. The Member States shall undertake to ensure that aircraft referred to in point (a) of this paragraph are separated, where appropriate, from other aircraft.

3. Member States shall, as far as practicable, ensure that any military facilities open to public use referred to in paragraph 2(b) or services provided by military personnel to the public referred to in paragraph 2(c), offer a level of safety that is at least as effective as that required by the essential requirements as defined in Annexes Va and Vb.]

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).

Article 2 U.K. Objectives

1. The principal objective of this Regulation is to establish and maintain a high uniform level of civil aviation safety in Europe.

2. Additional objectives are, in the fields covered by this Regulation, as follows:

(a) to ensure a high uniform level of environmental protection;

(b) to facilitate the free movement of goods, persons and services;

(c) to promote cost-efficiency in the regulatory and certification processes and to avoid duplication at national and European level;

(d) to assist Member States in fulfilling their obligations under the Chicago Convention, by providing a basis for a common interpretation and uniform implementation of its provisions, and by ensuring that its provisions are duly taken into account in this Regulation and in the rules drawn up for its implementation;

(e) to promote Community views regarding civil aviation safety standards and rules throughout the world by establishing appropriate cooperation with third countries and international organisations;

(f) to provide a level playing field for all actors in the internal aviation market.

3. The means of achieving the objectives set out in paragraphs 1 and 2 shall be:

(a) the preparation, adoption and uniform application of all necessary acts;

(b) the recognition, without additional requirements, of certificates, licences, approvals or other documents granted to products, personnel and organisations in accordance with this Regulation and its implementing rules;

(c) the establishment of an independent European Aviation Safety Agency (hereinafter referred to as the Agency);

(d) the uniform implementation of all necessary acts by the national aviation authorities and the Agency within their respective areas of responsibility.

Article 3 U.K. Definitions

For the purposes of this Regulation:

(a)

‘continuing oversight’ shall mean the tasks to be conducted to verify that the conditions under which a certificate has been granted continue to be fulfilled at any time during its period of validity, as well as the taking of any safeguard measure;

(b)

‘Chicago Convention’ shall mean the Convention on International Civil Aviation and its Annexes, signed in Chicago on 7 December 1944;

(c)

‘product’ shall mean an aircraft, engine or propeller;

(d)

[F1 ‘ parts and appliances ’ shall mean any instrument, equipment, mechanism, part, apparatus, appurtenance, software or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft in flight; it shall include parts of an airframe, engine or propeller, or equipment used to manoeuvre the aircraft from the ground;]

(da)

‘[F2 ATM/ANS constituents’ shall mean any constituent as defined in Article 2(19) of Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (1) ;]

(e)

‘certification’ shall mean any form of recognition that a product, part or appliance, organisation or person complies with the applicable requirements including the provisions of this Regulation and its implementing rules, as well as the issuance of the relevant certificate attesting such compliance;

(f)

‘qualified entity’ shall mean a body which may be allocated a specific certification task by, and under the control and the responsibility of, the Agency or a national aviation authority;

(g)

‘certificate’ shall mean any approval, licence or other document issued as the result of certification;

(h)

[F1 ‘ operator ’ shall mean any legal or natural person, operating or proposing to operate one or more aircraft or one or more aerodromes;]

(i)

‘commercial operation’ shall mean any operation of an aircraft, in return for remuneration or other valuable consideration, which is available to the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator;

(j)

‘complex motor-powered aircraft’ shall mean:

(i)

an aeroplane:

• with a maximum certificated take-off mass exceeding 5 700 kg, or

• certificated for a maximum passenger seating configuration of more than nineteen, or

• certificated for operation with a minimum crew of at least two pilots, or

• equipped with (a) turbojet engine(s) or more than one turboprop engine, or

(ii)

a helicopter certificated:

• for a maximum take-off mass exceeding 3 175 kg, or

• for a maximum passenger seating configuration of more than nine, or

• for operation with a minimum crew of at least two pilots, or

(iii)

a tilt rotor aircraft;

(k)

‘flight simulation training device’ shall mean any type of device in which flight conditions are simulated on the ground; they include flight simulators, flight training devices, flight and navigation procedures trainers and basic instrument training devices;

(l)

‘rating’ shall mean a statement entered on a licence, setting forth privileges, special conditions or limitations pertaining thereto[F1 ;]

(m)

[F2 ‘ aerodrome ’ shall mean a defined area (including any buildings, installations and equipment) on land or water or on a fixed, fixed offshore or floating structure intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

(n)

‘ aerodrome equipment ’ shall mean any equipment, apparatus, appurtenance, software or accessory, that is used or intended to be used to contribute to the operation of aircraft at an aerodrome;

(o)

‘ apron ’ shall mean a defined area intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;

(p)

‘ apron management service ’ shall mean a service provided to manage the activities and the movement of aircraft and vehicles on an apron;

(q)

‘ ATM/ANS ’ shall mean the air traffic management functions as defined in Article 2(10) of Regulation (EC) No 549/2004, air navigation services defined in Article 2(4) of that Regulation, and services consisting in the origination and processing of data and formatting and delivering data to general air traffic for the purpose of safety-critical air navigation;

(r)

‘ ATM/ANS system ’ shall mean any combination of safety-related equipment and systems as defined in Article 2(39) of Regulation (EC) No 549/2004;

(s)

‘ flight information service ’ shall mean a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights.]

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).

F2 Inserted 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)

[F2 OJ L 96, 31.3.2004, p. 1 .]

Textual Amendments

F2 Inserted 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).