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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Article 62U.K.Certification, oversight and enforcement

1.[F1The Secretary of State and the CAA must cooperate] to ensure compliance with this Regulation and with [F2regulations made under it].

2.To ensure compliance with this Regulation and with [F3regulations made under it, the CAA] shall:

(a)receive and assess the applications made to [F4the CAA], and, where applicable, issue or renew certificates and receive declarations made to [F4the CAA], in accordance with Chapter III;

(b)perform oversight of holders of certificates, of natural and legal persons that made declarations, and of products, parts, equipment, ATM/ANS systems and ATM/ANS constituents, flight simulation training devices and aerodromes subject to this Regulation;

(c)conduct the necessary investigations, inspections, including ramp inspections, audits and other monitoring activities to identify possible infringements by legal or natural persons subject to this Regulation of the requirements set out in this Regulation and in [F5regulations made under it];

(d)take all necessary enforcement measures, including amending, limiting, suspending or revoking certificates issued by [F6the CAA], grounding of aircraft and imposing penalties, in order to terminate identified infringements;

(e)prohibit, limit or make subject to certain conditions the activities referred to in Chapter III, in the interest of safety;

(f)ensure an appropriate level of qualification of [F7CAA] staff involved in certification, oversight and enforcement tasks, including by providing adequate training.

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4.F9...

F9...

[F10Where regulations made under] paragraph 15 so provide:

(a)aero-medical examiners, aero-medical centres and general medical practitioners shall be responsible for issuing the pilot medical certificates referred to in Article 21(1) and the air traffic controller medical certificates referred to in Article 49(1);

(b)cabin crew training organisations that have been issued an approval in accordance with Article 24 and aircraft operators that have been issued a certificate in accordance with Article 30 shall be responsible for issuing the cabin crew attestations referred to in Article 22.

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6.The oversight conducted by the [F12CAA] shall be continuous and based on priorities set in the light of the risks to civil aviation.

F137.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.The [F14CAA] shall manage and operate the tools and procedures necessary for the collection F15... and analysis of safety-related information obtained from ramp inspections referred to in point (c) of paragraph 2.

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12.The [F17CAA] shall undertake the necessary and effective actions to increase and promote awareness of civil aviation safety and disseminate safety related information relevant for the prevention of accidents and incidents.

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14.In order to ensure F19... compliance with [F20paragraphs 2, 4, 6 and 8] of this Article, with regard to the tasks of [F21the CAA] related to certification, oversight and enforcement under this Regulation, the [F22Secretary of State] shall, on the basis of the principles set out in Article 4 and with a view to achieving the objectives set out in Article 1, [F23make regulations] laying down detailed provisions concerning:

(a)the rules and procedures for conducting certification and for conducting the investigations, inspections, audits and other monitoring activities necessary to ensure effective oversight by the [F24CAA] of the natural and legal persons, products, parts, equipment, ATM/ANS systems and ATM/ANS constituents, flight simulation training devices and aerodromes subject to this Regulation;

(b)the rules and procedures for conducting ramp inspections by the [F25CAA] and for the grounding of aircraft when the aircraft, its operator or its aircrew do not comply with the requirements of this Regulation or with [F26regulations made under it];

(c)the rules and procedures in accordance with which the activities regulated in Chapter III may be prohibited, limited or subject to certain conditions in the interest of safety;

F27(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the rules and procedures for the accreditation by the [F28CAA] of a qualified entity for the purpose of Article 69.

F29...

15.In order to ensure F30... compliance with [F31paragraphs 2, 4, 6 and 8] of this Article, with regard to the tasks of the [F32CAA] related to certification, oversight and enforcement under this Regulation, the [F33Secretary of State] shall, on the basis of the principles set out in Article 4 and with a view to achieving the objectives set out in Article 1, [F34make regulations] laying down detailed provisions concerning:

F35(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the rules and procedures for the qualifications of the [F36CAA] staff involved in certification, oversight and enforcement tasks and of the organisations involved in their training;

(c)the rules and procedures for the administration and management systems of the [F37CAA] relating to the exercise of the certification, oversight and enforcement tasks;

(d)in respect of paragraph 4 of this Article, the rules and procedures for allocation of responsibilities to aero-medical examiners and aero-medical centres for the purpose of issuing pilot medical certificates and air traffic controller medical certificates, as well as the conditions under which general medical practitioners are to be given such responsibilities, with a view to ensuring effective performance of the tasks related to medical certification of pilots and air traffic controllers;

(e)in respect of paragraph 4 of this Article, the rules and procedures for allocation of responsibilities to cabin crew training organisations and aircraft operators for the purpose of issuing cabin crew attestations, with a view to ensuring effective performance of the tasks related to certification of cabin crew.

F38...

Textual Amendments

F1Words in Art. 62(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 139(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)