Regulation (EC) No 216/2008 of the European Parliament and of the Council (repealed)Show full title

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Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (Text with EEA relevance) (repealed)

  1. Introductory Text

  2. CHAPTER I PRINCIPLES

    1. Article 1.Scope

    2. Article 2.Objectives

    3. Article 3.Definitions

  3. CHAPTER II SUBSTANTIVE REQUIREMENTS

    1. Article 4.Basic principles and applicability

    2. Article 5.Airworthiness

    3. Article 6.Essential requirements for environmental protection

    4. Article 7.Pilots

    5. Article 8.Air operations

    6. Article 9.Aircraft used by a third-country operator into, within or out of the Community

    7. Article 10.Oversight and enforcement

    8. Article 11.Recognition of certificates

    9. Article 12.Acceptance of third-country certification

    10. Article 13.Qualified entities

    11. Article 14.Flexibility provisions

    12. Article 15.Information network

    13. Article 16.Protection of the source of information

  4. CHAPTER III THE EUROPEAN AVIATION SAFETY AGENCY

    1. SECTION I Tasks

      1. Article 17.Establishment and functions of the Agency

      2. Article 18.Agency measures

      3. Article 19.Opinions, certification specifications and guidance material

      4. Article 20.Airworthiness and environmental certification

      5. Article 21.Pilot certification

      6. Article 22.Air operation certification

      7. Article 23.Third-country operators

      8. Article 24.Monitoring the application of the rules

      9. Article 25.Fines and periodic penalty payments

      10. Article 26.Research

      11. Article 27.International relations

    2. SECTION II Internal structure

      1. Article 28.Legal status, location, local offices

      2. Article 29.Staff

      3. Article 30.Privileges and immunities

      4. Article 31.Liability

      5. Article 32.Publication of documents

      6. Article 33.Powers of the Management Board

      7. Article 34.Composition of the Management Board

      8. Article 35.Chairmanship of the Management Board

      9. Article 36.Meetings

      10. Article 37.Voting

      11. Article 38.Functions and powers of the Executive Director

      12. Article 39.Appointment of senior officials

      13. Article 40.Powers of the Boards of Appeal

      14. Article 41.Composition of the Boards of Appeal

      15. Article 42.Members of the Board of Appeal

      16. Article 43.Exclusion and objection

      17. Article 44.Decisions subject to appeal

      18. Article 45.Persons entitled to appeal

      19. Article 46.Time limit and form

      20. Article 47.Interlocutory revision

      21. Article 48.Examination of appeals

      22. Article 49.Decisions on appeal

      23. Article 50.Actions before the Court of Justice

      24. Article 51.Direct appeal

    3. SECTION III Working methods

      1. Article 52.Procedures for the development of opinions, certification specifications and guidance material

      2. Article 53.Procedures for taking decisions

      3. Article 54.Inspections of Member States

      4. Article 55.Investigation of undertakings

      5. Article 56.Annual programme of work

      6. Article 57.Annual general report

      7. Article 58.Transparency and communication

    4. SECTION IV Financial requirements

      1. Article 59.Budget

      2. Article 60.Implementation and control of the budget

      3. Article 61.Combating fraud

      4. Article 62.Evaluation

      5. Article 63.Financial provisions

      6. Article 64.Fees and charges regulation

  5. CHAPTER IV FINAL PROVISIONS

    1. Article 65.Committee

    2. Article 66.Participation of European third countries

    3. Article 67.Commencement of the Agency's operation

    4. Article 68.Penalties

    5. Article 69.Repeals

    6. Article 70.Entry into force

  6. Signature

    1. ANNEX I

      Essential requirements for airworthiness referred to in Article 5

      1. 1. Product integrity: product integrity must be assured for all anticipated...

        1. 1.a. Structures and materials: the integrity of the structure must be...

        2. 1.a.1. All parts of the aircraft, the failure of which could...

        3. 1.a.1.a. All combinations of load reasonably expected to occur within, and...

        4. 1.a.1.b. Consideration must be given to the loads and likely failures...

        5. 1.a.1.c. Dynamic effects must be covered in the structural response to...

        6. 1.a.2. The aircraft must be free from any aeroelastic instability and...

        7. 1.a.3. The manufacturing processes and materials used in the construction of...

        8. 1.a.4. The effects of cyclic loading, environmental degradation, accidental and discrete...

        9. 1.b. Propulsion: the integrity of the propulsion system (i.e. engine and,...

        10. 1.b.1. The propulsion system must produce, within its stated limits, the...

        11. 1.b.2. The fabrication process and materials used in the construction of...

        12. 1.b.3. The effects of cyclic loading, environmental and operational degradation and...

        13. 1.b.4. All necessary instructions, information and requirements for the safe and...

        14. 1.c. Systems and equipment

        15. 1.c.1. The aircraft must not have design features or details that...

        16. 1.c.2. The aircraft, including those systems, equipment and appliances required for...

        17. 1.c.3. The aircraft systems, equipment and associated appliances, considered separately and...

        18. 1.c.4. Information needed for the safe conduct of the flight and...

        19. 1.c.5. Design precautions must be taken to minimise the hazards to...

        20. 1.d. Continuing airworthiness

        21. 1.d.1. Instructions for continuing airworthiness must be established to ensure that...

        22. 1.d.2. Means must be provided to allow inspection, adjustment, lubrication, removal...

        23. 1.d.3. The instructions for continuing airworthiness must be in the form...

        24. 1.d.4. The instructions for continuing airworthiness must contain airworthiness limitations that...

      2. 2. Airworthiness aspects of product operation

        1. 2.a. The following must be shown to have been addressed to...

        2. 2.a.1. The kinds of operation for which the aircraft is approved...

        3. 2.a.2. The aircraft must be safely controllable and manoeuvrable under all...

        4. 2.a.3. It must be possible to make a smooth transition from...

        5. 2.a.4. The aircraft must have such stability as to ensure that...

        6. 2.a.5. Procedures for normal operations, failure and emergency conditions must be...

        7. 2.a.6. Warnings, or other deterrents intended to prevent exceedance of the...

        8. 2.a.7. The characteristics of the aircraft and its systems must allow...

        9. 2.b. The operating limitations and other information necessary for safe operation...

        10. 2.c. Product operations must be protected from hazards resulting from adverse...

        11. 2.c.1. In particular, no unsafe condition must occur from exposure to...

        12. 2.c.2. Cabin compartments must provide passengers with suitable transport conditions and...

        13. 2.c.3. Crew compartments must be arranged in order to facilitate flight...

      3. 3. Organisations (including natural persons undertaking design, manufacture or maintenance)

        1. 3.a. Organisation approvals must be issued when the following conditions are...

        2. 3.a.1. the organisation must have all the means necessary for the...

        3. 3.a.2. the organisation must implement and maintain a management system to...

        4. 3.a.3. the organisation must establish arrangements with other relevant organisations, as...

        5. 3.a.4. the organisation must establish an occurrence reporting and/or handling system,...

        6. 3.b. In the case of maintenance training organisations, the conditions under...

    2. ANNEX II

      Aircraft referred to in Article 4(4)

      1. Article 4(1), (2) and (3) do not apply to aircraft falling...

      2. historic aircraft meeting the criteria below: non-complex aircraft whose: initial...

    3. ANNEX III

      Essential requirements for pilot licensing referred to in Article 7

      1. 1. Training

        1. 1.a. General

          1. 1.a.1. A person undertaking training to fly an aircraft must be...

        2. 1.b. Theoretical knowledge

          1. 1.b.1. A pilot must acquire and maintain a level of knowledge...

        3. 1.c. Demonstration and maintenance of theoretical knowledge

          1. 1.c.1. The acquisition and retention of theoretical knowledge must be demonstrated...

          2. 1.c.2. An appropriate level of competence in theoretical knowledge must be...

        4. 1.d. Practical skill

          1. 1.d.1. A pilot must acquire and maintain the practical skills as...

        5. 1.e. Demonstration and maintenance of practical skill

          1. 1.e.1. A pilot must demonstrate the ability to perform the procedures...

          2. 1.e.2. An appropriate level of competence in practical skill must be...

        6. 1.f. Language Proficiency

        7. 1.g. Flight simulation training devices

        8. 1.h. Training course

          1. 1.h.1. Training must be executed through a training course.

          2. 1.h.2. A training course must meet the following conditions:

        9. 1.i. Instructors

          1. 1.i.1. Theoretical instruction

          2. 1.i.2. Flight and flight simulation instruction

        10. 1.j. Examiners

          1. 1.j.1. Persons responsible for assessing the skill of pilots must:

      2. 2. Experience requirements

        1. 2.a.1. A person acting as flight crew member, instructor or examiner...

      3. 3. Training organisations

        1. 3.a. Training organisation requirements

          1. 3.a.1. A training organisation providing pilot training must meet the following...

      4. 4. Medical fitness

        1. 4.a. Medical criteria

          1. 4.a.1. All pilots must periodically demonstrate medical fitness to satisfactorily execute...

          2. 4.a.2. Where medical fitness cannot be fully demonstrated, mitigation measures that...

        2. 4.b. Aero-medical examiners

          1. 4.b.1. An aero-medical examiner must:

        3. 4.c. Aero-medical centres

          1. 4.c.1. Aero-medical centres must meet the following conditions:

    4. ANNEX IV

      Essential requirements for air operations referred to in Article 8

      1. 1. General

        1. 1.a. A flight must not be performed if the crew members...

        2. 1.b. A flight must be performed in such a way that...

        3. 1.c. Before every flight, the roles and duties of each crew...

        4. 1.d. Articles or substances, which are capable of posing a significant...

        5. 1.e. All necessary data, documents, records and information to record the...

      2. 2. Flight preparation

        1. 2.a. A flight must not be commenced unless it has been...

        2. 2.a.1. Adequate facilities directly required for the flight and for the...

        3. 2.a.2. The crew must be familiar with and passengers informed of...

        4. 2.a.3. The pilot in command must be satisfied that:

        5. 2.a.4. Information regarding meteorological conditions for departure, destination and, where applicable,...

        6. 2.a.5. In case of flight into known or expected icing conditions,...

        7. 2.a.6. For a flight based on visual flight rules, meteorological conditions...

        8. 2.a.7. The amount of fuel and oil on board must be...

      3. 3. Flight operations

        1. 3.a. With regard to flight operations, all the following conditions must...

        2. 3.a.1. where relevant for the type of aircraft, during take-off and...

        3. 3.a.2. where relevant for the type of aircraft, all flight crew...

        4. 3.a.3. where relevant for the type of aircraft and the type...

        5. 3.a.4. a flight must be performed in such a way that...

        6. 3.a.5. a flight must not be continued unless known conditions continue...

        7. 3.a.6. in an emergency, the pilot in command must ensure that...

        8. 3.a.7. a pilot in command must take all necessary measures so...

        9. 3.a.8. an aircraft must not be taxied on the movement area...

        10. 3.a.9. the applicable in-flight fuel management procedures must be used, when...

      4. 4. Aircraft performance and operating limitations

        1. 4.a. An aircraft must be operated in accordance with its airworthiness...

        2. 4.b. The aircraft must be operated in accordance with the applicable...

        3. 4.c. A flight must not be commenced or continued unless the...

        4. 4.c.1. Such factors must be taken into account directly as operational...

      5. 5. Instruments, data and equipment

        1. 5.a. An aircraft must be equipped with all navigation, communication and...

        2. 5.b. When relevant, an aircraft must be equipped with all necessary...

        3. 5.c. All data necessary for the execution of the flight by...

      6. 6. Continuing airworthiness

        1. 6.a. The aircraft must not be operated unless:

        2. 6.b. Before each flight or consistent series of consecutive flights, the...

        3. 6.c. The maintenance programme must contain in particular, maintenance tasks and...

        4. 6.d. The aircraft must not be operated unless it is released...

        5. 6.e. All records demonstrating the airworthiness of the aircraft must be...

        6. 6.f. All modifications and repairs must comply with the essential requirements...

      7. 7. Crew members

        1. 7.a. The number and composition of the crew must be determined...

        2. 7.b. Cabin crew members must:

        3. 7.c. The pilot in command must have the authority to give...

        4. 7.d. In an emergency situation, which endangers the operation or the...

        5. 7.e. Emergency abnormal situations must not be simulated when passengers or...

        6. 7.f. No crew member must allow their task achievement/decision making to...

        7. 7.g. A crew member must not perform allocated duties on board...

      8. 8. Additional requirements for operation for commercial purposes and operation of...

        1. 8.a. The operation for commercial purposes and the operation of complex...

        2. 8.a.1. the operator must have directly or indirectly through contracts the...

        3. 8.a.2. the operator must use only suitably qualified and trained personnel...

        4. 8.a.3. the operator must establish a MEL or equivalent document, taking...

        5. 8.a.4. the operator must implement and maintain a management system to...

        6. 8.a.5. the operator must establish and maintain an accident prevention and...

        7. 8.b. The operation for commercial purposes and the operation of complex...

        8. 8.c. The operator must establish procedures, as appropriate, so as to...

        9. 8.d. The operator must develop and maintain security programmes adapted to...

        10. 8.e. The operator must designate one pilot amongst the flight crew...

        11. 8.f. The prevention of fatigue must be managed through a rostering...

        12. 8.g. The tasks specified in point 6.a and those described in...

    5. ANNEX V

      Criteria for qualified entities referred to in Article 13

      1. 1. The entity, its Director and the staff responsible for carrying...

      2. 2. The entity and the staff responsible for the certification tasks...

      3. 3. The entity must employ staff and possess the means required...

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

      5. 5. The impartiality of the investigation staff must be guaranteed. Their...

      6. 6. The entity must take out liability insurance unless its liability...

      7. 7. The staff of the entity must observe professional secrecy with...

    6. ANNEX VI

      CORRELATION TABLE