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 61U.K.Delegated powers

1.For the aircraft referred to in point (c) of Article 2(1), as well as their aircrew and their operations, the [F1Secretary of State may make regulations] laying down detailed rules with regard to:

(a)the authorisation of aircraft, in respect of which there is no standard ICAO certificate of airworthiness, or the authorisation of pilots who do not hold a standard ICAO licence, to operate into, within or out of the [F2United Kingdom];

(b)the specific conditions to operate an aircraft in compliance with Article 59;

(c)alternative conditions for cases where compliance with the standards and requirements referred to in Article 59 is not possible or involves a disproportionate effort from the operator, while ensuring that the objectives of the standards and requirements concerned are met;

(d)the conditions for issuing, maintaining, amending, limiting, suspending or revoking the authorisations referred to in Article 60, and for the situations in which, with a view to achieving the objectives set out in Article 1 and while taking account of the nature and risk of the particular activity concerned, such authorisations are to be required or declarations are to be permitted, as applicable. Those conditions shall take into account the certificates issued by the state of registry, the state of the operator, and, in case of unmanned aircraft, the state where the equipment to control the unmanned aircraft remotely is located, and be without prejudice to Regulation (EC) No 2111/2005 F3...;

(e)the privileges and responsibilities of the holders of the authorisations referred to in Article 60(1) and (2), and, where relevant, aircraft operators that made declarations in accordance with Article 60(2).

2.When [F4making regulations under] paragraph 1, the [F5Secretary of State] shall ensure, in particular, that:

(a)use is made, as appropriate, of ICAO recommended practices and guidance documents;

(b)no requirement exceeds what is required under this Regulation from aircraft referred to in point (b) (i) of Article 2(1) and from the aircrew and operators of such aircraft;

(c)the process through which the authorisations referred to in Article 60(1) and (2) are obtained is simple, proportionate, effective and cost-efficient and allows for demonstrations of compliance which are proportionate to the complexity of the operation and the risk involved in that operation. The [F6Secretary of State] shall in particular ensure that account is taken of:

(i)

the results of the ICAO Universal Safety Oversight Audit Programme;

(ii)

information collected under ramp inspection programmes established in accordance with [F7regulations made under] Article 62(13) and [F8regulations made under] Article 62(14);

(iii)

other recognised information on safety aspects with regard to the operator concerned;

(iv)

certificates issued in accordance with the laws of a third country;

(d)aspects related to ATM/ANS are taken into account.

Textual Amendments