Regulation 2018/1139 - Common rules in the field of civil aviation and establishing a EU Aviation Safety Agency - Main contents
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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.)| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2018/1139 |
| Original proposal | COM(2015)613  |
| CELEX number i | 32018R1139 |
| Document | 04-07-2018; Date of signature |
|---|---|
| Publication in Official Journal | 22-08-2018; OJ L 212 p. 1-122 |
| Signature | 04-07-2018 |
| Effect | 11-09-2018; Entry into force Date pub. +20 See Art 141 |
| Deadline | 12-03-2019; See Art 62.5 11-09-2020; See Art 140.3 12-09-2021; See Art 140.4 12-09-2021; See Art 140.6 12-09-2023; See Art 124.1 And 140.2 |
| End of validity | 31-12-9999 |
22.8.2018 |
EN |
Official Journal of the European Union |
L 212/1 |
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)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
A high and uniform level of civil aviation safety should be ensured at all times by the adoption of common safety rules and by measures ensuring that any goods, persons and organisations involved in civil aviation activity in the Union comply with such rules. |
(2) |
In addition, a high and uniform level of environmental protection should be ensured at all times by measures ensuring that any goods, persons and organisations involved in civil aviation activity in the Union comply with relevant Union law, and with international standards and recommended practices. |
(3) |
In addition, third-country aircraft that are operated into, within or out of the territory where the relevant provisions of the Treaty on European Union (‘TEU’) and the Treaty on the Functioning of the European Union (‘TFEU’) (the ‘Treaties’) apply should be subject to appropriate oversight at Union level within the limits set by the Convention on International Civil Aviation, signed in Chicago on 7 December 1944 (the ‘Chicago Convention’), to which all Member States are parties. |
(4) |
It would not be appropriate to subject all aircraft to common rules. In particular, in light of their limited risk to civil aviation safety, aircraft that are of simple design or operate mainly on a local basis, and those which are home-built or particularly rare or only exist in a small number, should remain under the regulatory control of the Member States, without any obligation under this Regulation on other Member States to recognise such national arrangements. However, in order to facilitate the development of national rules for aircraft falling outside the scope of this Regulation, the European Union Aviation Safety Agency (‘the Agency’) can adopt guidance material for that purpose. |
(5) |
However, provision should be made for the possibility to apply certain provisions under this Regulation to certain types of aircraft which are otherwise excluded from the scope of this Regulation, especially those which are produced in an industrial manner and which could benefit from free circulation within the Union. Therefore, organisations involved in the design of such aircraft should be allowed to apply for a type certificate to the Agency or, if applicable, to make a declaration to the Agency in respect of an aircraft type which is to be put on the market by such organisations. |
(6) |
This Regulation should provide for a number of new tools that should support the implementation of simple and proportionate rules for sport and recreational aviation. The measures taken in accordance with this Regulation to regulate this segment of the aviation sector should be proportionate,... |
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