Regulation (EU) 2018/1139 of the European Parliament and of the CouncilShow full title

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)

Article 30U.K.Aircraft operators

1.In order to ensure compliance with the essential requirements referred to in Article 29, and taking into account the objectives and principles set out in Articles 1 and 4, and in particular the nature and risk of the activity concerned, aircraft operators established, residing or with a principal place of business in the [F1United Kingdom] may be required, in accordance with [F2regulations made under] points (b) and (c) of the first subparagraph of Article 31(1), to:

(a)declare their capability, and the availability to them of the means, to discharge the responsibilities associated with the operation of aircraft in compliance with those [F3regulations]; or

(b)hold a certificate.

2.The certificate referred to in paragraph 1 of this Article shall be issued upon application, when the applicant has demonstrated that it complies with [F4regulations made under] Article 31 adopted to ensure compliance with the essential requirements referred to in Article 29.

3.The certificate referred to in paragraph 1 of this Article shall specify the privileges granted to the aircraft operator. The certificate may be amended to add or remove privileges, in accordance with [F4regulations made under] point (b) of the first subparagraph of Article 31(1).

4.The certificate referred to in paragraph 1 of this Article may be limited, suspended or revoked, when the holder no longer complies with the rules and procedures for issuing and maintaining such certificate, in accordance with [F4regulations made under] point (b) of the first subparagraph of Article 31(1).

5.Taking into account the objectives and principles set out in Articles 1 and 4, and in particular the nature and risk of the activity concerned, the aircraft operators referred to in paragraph 1 of this Article may be required, in accordance with [F4regulations made under] Article 31, to:

(a)meet specific requirements, when entering into code sharing agreements or lease agreements;

(b)meet specific requirements when operating an aircraft which is registered in a third country;

(c)establish a Minimum Equipment List (MEL) or equivalent document providing for the operation of the aircraft, under specified conditions, with particular instruments, items of equipment or functions inoperative at the commencement of the flight.

6.[F5The Secretary of State] shall ensure that the operation of aircraft into, within, or out of the [F6United Kingdom] by an aircraft operator established, residing or with a principal place of business outside [F7the United Kingdom but in a territory for which the United Kingdom carries] out the functions and duties of the state of operator under the Chicago Convention, as well as the personnel and organisations involved in those operations, meet a level of safety which is equivalent to that established by this Regulation.

7.Where [F8regulations made under] point (g) of the first subparagraph of Article 31(1) so provide, aircraft shall be equipped with the necessary safety-related equipment and instruments, certified where required in accordance with [F9regulations made under] point (b)(iii) of Article 19(1), including some or all of the following:

(a)flight recorders;

(b)means to track the position of the aircraft;

(c)means to recover flight recorder data in a timely manner in case of aircraft in distress by relying on real-time electronic communication or other appropriate technical solutions.

Textual Amendments