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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)

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SECTION I U.K. Tasks

Article 75U.K. [F1Functions of the CAA under this Regulation]

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2.For the purposes of ensuring the proper functioning and development of civil aviation in the [F3United Kingdom] in accordance with the objectives set out in Article 1, the [F4CAA] shall:

(a)undertake any task and formulate opinions on all matters covered by this Regulation;

(b)assist the [F5Secretary of State] by preparing measures to be taken under this Regulation. Where those measures comprise technical rules, the [F5Secretary of State] may not change their content without prior coordination with the [F6CAA];

(c)provide the [F7Secretary of State] with the necessary technical, scientific and administrative support to carry out its tasks;

(d)take the necessary measures within the powers conferred on it by this Regulation or other F8... legislation;

(e)conduct inspections, other monitoring activities and investigations as necessary to fulfil its tasks under this RegulationF9...;

(f)within its field of competence, carry out, on behalf of [F10the United Kingdom], functions and tasks ascribed to [F11the United Kingdom] by applicable international conventions, in particular the Chicago Convention;

(g)assist the [F12Secretary of State] in carrying out [F13the tasks of the Secretary of State], in particular by providing a forum for exchanges of information and expertise;

(h)contribute, for matters covered by this Regulation, upon request by the [F14Secretary of State], to the establishment, measurement, reporting and analysis of performance indicators, where [F15any relevant] law establishes performance schemes relating to civil aviation;

(i)promote [F16United Kingdom] aviation standards and rules at international level by establishing appropriate cooperation with the competent authorities of third countries and international organisations;

(j)cooperate with other F17... institutions, bodies, offices and agencies in areas where their activities relate to technical aspects of civil aviation.

Textual Amendments

Article 76U.K. [F18CAA measures]

1.[F19The CAA must, upon request, assist the Secretary of State] in the preparation of proposals for amendments to this Regulation and of [F20regulations to be made under it], in accordance with the principles laid down in Article 4. The documents that [F21the CAA submits to the Secretary of State] for those purposes shall take the form of opinions.

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3.The [F23CAA] shall, in accordance with Article 115 and with the applicable [F24regulations made under] this Regulation, issue certification specifications and other detailed specifications, acceptable means of compliance and guidance material for the application of this Regulation and of [F25regulations made under it].

4.[F26The CAA] shall take the appropriate decisions for the application of [F27Articles 77 and 79 to 83].

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Textual Amendments

Article 77U.K.Airworthiness and environmental certification

1.With regard to the products, parts, non-installed equipment and equipment to control unmanned aircraft remotely, referred to in points (a) and (b)(i) of Article 2(1), the [F30CAA] shall, where applicable and as specified in the Chicago Convention or the Annexes thereto, carry out on behalf of [F31the United Kingdom] the functions and tasks of the state of design, manufacture or registry, when those functions and tasks are related to design certification and mandatory continuing airworthiness information. To that end, it shall in particular:

(a)for each design of a product and equipment to control unmanned aircraft remotely for which a type certificate, a restricted type certificate, a change to a type certificate or to a restricted type certificate, including a supplemental type certificate, an approval of repair design, or an approval of operational suitability data has been applied for in accordance with Article 11 or Article 56(1) establish and notify to the applicant the certification basis;

(b)for each design of a part or non-installed equipment for which a certificate has been applied for in accordance with Article 12, 13 or Article 56(1) respectively, establish and notify to the applicant the certification basis;

(c)for aircraft for which a permit to fly has been applied for in accordance with point (b) of the first subparagraph of Article 18(2) or Article 56(1), issue the approval for associated flight conditions related to the design;

(d)establish and make available the airworthiness and environmental compatibility specifications applicable to the design of products, parts, non-installed equipment and equipment to control unmanned aircraft remotely which are subject to a declaration in accordance with point (a) of Article 18(1) or Article 56(5);

(e)be responsible for the tasks related to certification, oversight and enforcement in accordance with Article 62(2) with respect to the type certificates, restricted type certificates, certificates of changes, including supplemental type certificates, and approvals of repair designs and approvals of operational suitability data for the design of products in accordance with Article 11, point (b) of Article 18(1) or Article 56(1);

(f)be responsible for the tasks related to certification, oversight and enforcement in accordance with Article 62(2) with respect to the certificates for the design of parts, for non-installed equipment and equipment to control unmanned aircraft remotely in accordance with Articles 12, 13 and 56(1);

(g)issue the appropriate environmental data sheets on the design of products which it certifies in accordance with Articles 11 and 56(1);

(h)ensure the continuing airworthiness functions associated with the design of products, the design of parts, non-installed equipment and equipment to control unmanned aircraft remotely it has certified and in respect of which it performs oversight, including reacting without undue delay to a safety or security problem and issuing and disseminating the applicable mandatory information.

2.The [F32CAA] shall be responsible for the tasks related to certification, oversight and enforcement in accordance with Article 62(2) with respect to:

(a)the approvals of and the declarations made by the organisations responsible for the design of products, parts, non-installed equipment and equipment to control unmanned aircraft remotely, in accordance with Article 15(1), point (g) of Article 19(1) and Article 56(1) and (5);

(b)the approvals of and the declarations made by the organisations responsible for the production, maintenance and continuing airworthiness management of products, parts, non-installed equipment and equipment to control unmanned aircraft remotely and by the organisations involved in the training of personnel responsible for the release of a product, part, non-installed equipment or equipment to control unmanned aircraft remotely after maintenance in accordance with Article 15, point (g) of Article 19(1) and Article 56(1) and (5) F33....

3.The [F34CAA] shall be responsible for the tasks related to oversight and enforcement in accordance with Article 62(2) with respect to the declarations made by organisations, in accordance with point (a) of Article 18(1) and Article 56(5) and concerning the compliance of a design of a product, part, non-installed equipment or equipment to control unmanned aircraft remotely with detailed technical specifications.

Textual Amendments

F35Article 78U.K.Aircrew certification

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Textual Amendments

Article 79U.K.Certification of Safety-Related Aerodrome Equipment

With regard to the safety-related aerodrome equipment referred to in Article 35, the [F36CAA] shall:

(a)

establish and notify to the applicant the detailed specifications for the safety-related aerodrome equipment which is subject to certification in accordance with Article 35;

(b)

establish and make available the detailed specifications for the safety-related aerodrome equipment which is subject to a declaration in accordance with Article 35;

(c)

be responsible for the tasks related to certification, oversight and enforcement in accordance with Article 62(2) with respect to the certificates for, and the declarations made in respect of safety-related aerodrome equipment in accordance with Article 35.

Textual Amendments

Article 80U.K.ATM/ANS

1.The [F37CAA] shall be responsible for the tasks related to certification, oversight and enforcement in accordance with Article 62(2) with respect to:

(a)the certificates for the ATM/ANS providers referred to in Article 41, where those providers have their principal place of business located outside the territories for which [F38the United Kingdom is] responsible under the Chicago Convention and they are responsible for providing ATM/ANS in the airspace [F39of the United Kingdom];

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(d)the declarations made by the ATM/ANS providers to which the [F41CAA] has issued a certificate in accordance with [F42point (a)] of this paragraph, in respect of ATM/ANS systems and ATM/ANS constituents which are put in operation by those providers in accordance with Article 45(1).

2.With regard to ATM/ANS systems and ATM/ANS constituents referred to in Article 45, [F43the CAA] shall, where [F44regulations made under] Article 47 so provide:

(a)establish and notify to the applicant the detailed specifications for the ATM/ANS systems and ATM/ANS constituents, which are subject to certification in accordance with Article 45(2);

(b)establish and make available the detailed specifications for the ATM/ANS systems and ATM/ANS constituents which are subject to a declaration in accordance with Article 45(2);

(c)be responsible for the tasks related to certification, oversight and enforcement in accordance with Article 62(2) with respect to the certificates for, and the declarations made in respect of, ATM/ANS systems and ATM/ANS constituents in accordance with Article 45(2).

Textual Amendments

Article 81U.K.Air traffic controller training organisations certification

The [F45CAA] shall be responsible for the tasks related to certification, oversight, and enforcement in accordance with Article 62(2) with respect to the certificates for the air traffic controller training organisations referred to in Article 51 F46...

Textual Amendments

Article 82U.K.Third-country aircraft operators and international safety oversight

1.The [F47CAA] shall be responsible for the tasks related to certification, oversight and enforcement in accordance with Article 62(2) with respect to the authorisations and declarations for the operations of aircraft and for aircraft operators referred to in Article 60 F48....

2.The [F49CAA] shall be responsible for the tasks related to certification, oversight and enforcement in accordance with Article 62(2) with respect to the authorisations for aircraft and pilots referred to in point (a) of Article 61(1).

3.The [F50CAA] shall, upon request, assist the [F51Secretary of State] in the implementation of Regulation (EC) No 2111/2005 by conducting all the necessary safety assessments, including on-site visits, of third country operators and authorities responsible for their oversight. It shall provide the results of those assessments, with appropriate recommendations, to the [F51Secretary of State].

Textual Amendments

Article 83U.K.Investigations by the [F52CAA]

1.The [F53CAA] shall conduct either itself or through F54... qualified entities the investigations necessary for the performance of its tasks related to certification, oversight and enforcement in accordance with Article 62(2).

2.For the purposes of conducting the investigations referred to in paragraph 1, the [F55CAA] shall be empowered to:

(a)require the legal or natural persons to whom it has issued a certificate, or who made a declaration to it, to provide the [F55CAA] with all necessary information;

(b)require those persons to provide oral explanations on any fact, document, object, procedure or other subject matter relevant for determining whether the person complies with this Regulation and with [F56regulations made under it];

F57(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)examine, copy or make extracts from any relevant document, record or data held by or accessible to those persons, irrespective of the medium on which the information in question is stored.

The [F58CAA] shall, where required for determining whether a person to whom it has issued a certificate, or who has made a declaration to it, complies with this Regulation and with [F59regulations made under it], also be empowered to exercise the powers set out in the first subparagraph in relation to any other legal or natural person who can reasonably be expected to possess or to have access to information relevant for those purposes. The powers of this paragraph shall be exercised in compliance with F60... national law F61... or of the third country where the investigation takes place, with due regard for the rights and legitimate interests of persons concerned and in compliance with the principle of proportionality.

F62...

3.The [F63CAA] shall ensure that the members of its staff and, where relevant, any other expert participating in the investigation are sufficiently qualified, adequately instructed and duly authorised. Those persons shall exercise their powers upon production of a written authorisation.

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Textual Amendments

F65Article 84U.K.Fines and periodic penalty payments

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Textual Amendments

F66Article 85U.K.Monitoring of Member States

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Textual Amendments

F67Article 86U.K.Research and innovation

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Textual Amendments

Article 87U.K.Environmental protection

1.The measures taken by the [F68CAA] as regards emissions and noise, for the purpose of the certification of the design of products in accordance with Article 11, shall aim to prevent significant harmful effects on climate, environment and human health caused by the civil aviation products concerned, giving due consideration to the international standards and recommended practices, environmental benefits, technological feasibility and economic impact.

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4.In order to inform interested parties and the general public, the [F70CAA] shall, at least every three years, publish an environmental review, which shall give an objective account of the state of environmental protection relating to civil aviation in the [F71United Kingdom].

When preparing that review, the [F72CAA] shall primarily rely on information already available to [F73United Kingdom] institutions and bodies, as well as on publicly available information.

The [F74CAA] shall associate the [F75Secretary of State] and consult relevant stakeholders and organisations in the development of that review.

That review shall also contain recommendations aiming to improve the level of environmental protection in the area of civil aviation in the [F76United Kingdom].

Textual Amendments

F77Article 88U.K.Interdependencies between civil aviation safety and security

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Textual Amendments

F78Article 89U.K.Interdependencies between civil aviation safety and socioeconomic factors

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Textual Amendments

Article 90U.K.International cooperation

1.The [F79CAA] shall, upon request, assist the [F80Secretary of State in the] management of relations with third countries and international organisations relating to matters covered by this Regulation. Such assistance shall in particular contribute to the harmonisation of rules, the mutual recognition of certificates, in the interest of [F81United Kingdom] industry, and the promotion of [F81United Kingdom] aviation safety standards.

2.[F82The CAA] may cooperate with the competent authorities of third countries and with international organisations competent in matters covered by this Regulation. To this end, the [F83CAA] may establish working arrangements with those authorities and international organisations. Those working arrangements shall not create legal obligations incumbent on the [F84United Kingdom].

3.[F85The CAA must assist the Secretary of State] in exercising [F86the United Kingdom’s] rights and fulfilling [F87its] obligations under international agreements relating to matters covered by this Regulation, in particular [F87its] rights and obligations under the Chicago Convention.

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6.In addition to the tasks set out in [F90paragraphs 1 to 3] of this Article and in Article 75, the [F91CAA] may also engage in ad hoc technical cooperation, and research and assistance projects with third countries and international organisations, provided that those activities are compatible with the [F92CAA’s] tasks and the objectives set out in Article 1.

Textual Amendments

Article 91U.K.Aviation Crisis Management

1.The [F93CAA] shall, within its field of competence, contribute to a timely response to and mitigation of aviation crises, in coordination, with other appropriate stakeholders.

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Textual Amendments

Article 92U.K.Aviation training

1.In order to promote best practices and uniformity in the implementation of this Regulation and of the delegated and implementing acts adopted on the basis thereof, the [F95CAA] may, upon request by a provider of aviation training, assess the compliance of that provider and of its training courses with the requirements established by the [F95CAA] and published [F96on its website]. Upon having established such compliance, the provider shall be entitled to provide [F97CAA]-approved training courses.

2.The [F98CAA] may provide training primarily addressed to its F99... staff, but also to competent authorities of third countries, international organisations, the natural and legal persons subject to this Regulation and other interested parties, either through its own training resources or, where necessary, by relying on external training providers.

Textual Amendments

F100Article 93U.K.Implementation of Single European Sky

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Textual Amendments

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