What changed, Regulation (EU) 2018/1139

− ### art_1
− Article 1
− 1. The principal objective of this Regulation is to establish and maintain a high uniform level of civil aviation safety in the Union.
− 2. This Regulation further aims to:
− | (a) | contribute to the wider Union aviation policy and to the improvement of the overall performance of the civil aviation sector; |
− | (b) | facilitate, in the fields covered by this Regulation, the free movement of goods, persons, services and capital, providing a level playing field for all actors in the internal aviation market, and improve the competitiveness of the Union's aviation industry; |
− | (c) | contribute to a high, uniform level of environmental protection; |
− | (d) | facilitate, in the fields covered by this Regulation, the movement of goods, services and personnel worldwide, by establishing appropriate cooperation with third countries and their aviation authorities, and by promoting the mutual acceptance of certificates and other relevant documents; |
− | (e) | promote cost-efficiency, by, inter alia, avoiding duplication, and promoting effectiveness in regulatory, certification and oversight processes as well as an efficient use of related resources at Union and national level; |
− | (f) | contribute, in the fields covered by this Regulation, to establishing and maintaining a high uniform level of civil aviation security; |
− | (g) | assist Member States, in the fields covered by this Regulation, in exercising their rights and fulfilling their obligations under the Chicago Convention, by ensuring a common interpretation and a uniform and timely implementation of its provisions, as appropriate; |
− | (h) | promote, worldwide, the views of the Union regarding civil aviation standards and civil aviation rules, by establishing appropriate cooperation with third countries and international organisations; |
− | (i) | promote research and innovation, inter alia, in regulatory, certification and oversight processes; |
− | (j) | promote, in the fields covered by this Regulation, technical and operational interoperability and the sharing of administrative best practices; |
− | (k) | support passenger confidence in a safe civil aviation. |
− 3. The objectives set out in paragraphs 1 and 2 shall be achieved by, inter alia:
− | (a) | the preparation, adoption and uniform application of all necessary acts; |
− | (b) | the taking of measures to improve safety standards; |
− | (c) | ensuring that the declarations and certificates issued in accordance with this Regulation, and with the delegated and implementing acts adopted on the basis thereof, are valid and recognised throughout the Union, without any additional requirements; |
− | (d) | the development, with the involvement of standardisation and other industry bodies, of detailed technical standards to be used as a means of compliance with this Regulation, and with the delegated and implementing acts adopted on the basis thereof, where appropriate; |
− | (e) | the establishment of an independent European Union Aviation Safety Agency (the ‘Agency’); |
− | (f) | the uniform implementation of all necessary acts by the national competent authorities and the Agency, within their respective areas of responsibility; |
− | (g) | the gathering, analysis and exchange of information to support evidence-based decision making; |
− | (h) | the undertaking of awareness and promotion initiatives, including training, communication and dissemination of relevant information. |
− ### art_2
− Article 2
− 1. This Regulation shall apply to:
− | (a) | the design and production of products, parts and equipment to control aircraft remotely by a natural or legal person under the oversight of the Agency or a Member State, to the extent not covered by point (b); |
− | (b) | the design, production, maintenance and operation of aircraft, as well as their engines, propellers, parts, non-installed equipment and equipment to control aircraft remotely, where the aircraft is or will be:(i)registered in a Member State, unless and to the extent that the Member State has…
− | (i) | registered in a Member State, unless and to the extent that the Member State has transferred its responsibilities pursuant to the Chicago Convention to a third country and the aircraft is operated by a third country aircraft operator; |
+ ## CHAPTER I / **PRINCIPLES**
+ ### Article 1 — Subject matter and objectives
+ **1.** The principal objective of this Regulation is to establish and maintain a high uniform level of civil aviation safety in the Union.
+ **2.** This Regulation further aims to:(a) contribute to the wider Union aviation policy and to the improvement of the overall performance of the civil aviation sector;(b) facilitate, in the fields covered by this Regulation, the free movement of goods, persons, services and capital, providing a lev…
+ **3.** The objectives set out in paragraphs 1 and 2 shall be achieved by, inter alia:(a) the preparation, adoption and uniform application of all necessary acts;(b) the taking of measures to improve safety standards;(c) ensuring that the declarations and certificates issued in accordance with this R…
+ ### Article 2 — Scope
+ **1.** This Regulation shall apply to:(a) the design and production of products, parts and equipment to control aircraft remotely by a natural or legal person under the oversight of the Agency or a Member State, to the extent not covered by point (b);(b) the design, production, maintenance and opera…
+ **2.** This Regulation shall also apply to the personnel and organisations involved in the activities referred to in paragraph 1.
+ **3.** This Regulation shall not apply to:(a) aircraft, and their engines, propellers, parts, non-installed equipment and equipment to control aircraft remotely, while carrying out military, customs, police, search and rescue, firefighting, border control, coastguard or similar activities or service…
+ **4.** By derogation from point (d) of the first subparagraph of paragraph 3, this Regulation, and the delegated and implementing acts adopted on the basis thereof, shall apply to the design, production and maintenance of an aircraft type falling within the scope of points (e), (f), (g), (h), or (i)…
+ **5.** Without prejudice to national security and defence requirements, and Article 7(5) of Regulation (EC) No 550/2004 of the European Parliament and of the Council (2), Member States shall ensure that:(a) the facilities referred to in point (b) of the first subparagraph of paragraph 3 of this Arti…
+ **6.** A Member State may decide to apply any, or any combination, of Section I, II, III, or VII of Chapter III, to some or all activities referred to in point (a) of the first subparagraph of paragraph 3 and to the personnel and organisations involved in those activities, where it considers that, i…
+ (a) the Section or Sections concerned;
+ (b) the activities, personnel and organisations concerned;
+ (c) the reasons for its decision; and
+ (d) the date from which that decision applies.
+ **7.** Member States may decide to exempt from this Regulation the design, maintenance and operation of an aerodrome, and the safety-related equipment used at that aerodrome, where that aerodrome handles no more than 10 000 commercial air transport passengers per year and no more than 850 movements …
+ **8.** A Member State may decide to exempt from this Regulation the design, production, maintenance and operation activities in respect of one or more of the following categories of aircraft:(a) aeroplanes, other than unmanned aeroplanes, which have no more than two seats, measurable stall speed or …
+ **9.** An exemption decision taken by a Member State pursuant to paragraph 8 shall not prevent an organisation with a principal place of business in the territory of that Member State from deciding to carry out its design and production activities in respect of aircraft covered by that decision in a…
+ **10.** Without prejudice to obligations of Member States under the Chicago Convention, aircraft to which the exemption decision taken pursuant to paragraph 8 applies and which are registered in the Member State that took that decision may be operated in other Member States, subject to the agreement…
+ **11.** Any provisions of national law of the Member State which has taken an exemption decision pursuant to paragraph 8 regulating the design, production, maintenance and operation activities of the aircraft to which that decision applies shall be proportionate to the nature and risk of the activit…
+ ### Article 3 — Definitions
+ (1) ‘oversight’ means the verification, by or on behalf of the competent authority, on a continuous basis that the requirements of this Regulation and of the delegated and implementing acts adopted on the basis thereof, on the basis of which a certificate has been issued or in respect of which a dec…
+ (2) ‘Chicago Convention’ means the Convention on International Civil Aviation and the Annexes thereto, signed in Chicago on 7 December 1944;
+ (3) ‘product’ means an aircraft, an engine or a propeller;
+ (4) ‘part’ means any element of a product, as defined by that product's type design;
+ (5) ‘ATM/ANS’ means air traffic management and air navigation services and covers all of the following: the air traffic management functions and services as defined in point (10) of Article 2 of Regulation (EC) No 549/2004; the air navigation services as defined in point (4) of Article 2 of that Reg…
+ (6) ‘ATM/ANS constituent’ means tangible objects such as hardware and intangible objects such as software upon which the interoperability of the EATMN depends;
+ (7) ‘ATM/ANS system’ means the aggregation of airborne and ground-based constituents, as well as space-based equipment, that provides support for air navigation services for all phases of flight;
+ (8) ‘ATM Master Plan’ means the plan endorsed by Council Decision 2009/320/EC (3), in accordance with Article 1(2) of Council Regulation (EC) No 219/2007 (4);