Legal provisions of COM(2018)894 - Aspects of aviation safety with regard to the withdrawal of the United Kingdom from the Union

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dossier COM(2018)894 - Aspects of aviation safety with regard to the withdrawal of the United Kingdom from the Union.
document COM(2018)894 EN
date March 25, 2019

Contents

Article 1 - Subject matter and scope

1. This Regulation lays down specific provisions, in view of the withdrawal of the United Kingdom of Great Britain and Northern Ireland (‘the United Kingdom’) from the European Union, for certain aviation safety certificates issued under Regulation (EC) No 216/2008 of the European Parliament and of the Council (5) or Regulation (EU) 2018/1139 to natural and legal persons having their principal place of business in the United Kingdom and for certain situations regarding aviation training.

2. This Regulation shall apply to the certificates listed in the Annex to this Regulation, which are valid on the day preceding the date of application of this Regulation and which have been issued by:

(a)the European Union Aviation Safety Agency (‘the Agency’) to natural or legal persons having their principal place of business in the United Kingdom, as set out in Section 1 of the Annex; or

(b)natural or legal persons certified by the competent authorities of the United Kingdom as set out in Section 2 of the Annex.

3. In addition to the certificates listed in paragraph 2, this Regulation shall apply to the training modules referred to in Article 5.

Article 2 - Definitions

For the purposes of this Regulation, the corresponding definitions of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted under that Regulation and under Regulation (EC) No 216/2008 shall apply.

Article 3 - Certificates referred to in point (a) of Article 1(2)

The certificates referred to in point (a) of Article 1(2) shall remain valid for the period of nine months from the date of application of this Regulation.

Where additional time is necessary for the certificates referred to in Article 68 of Regulation (EU) 2018/1139 to be issued to the operators concerned, the Commission may extend the period of validity referred to in the first paragraph of this Article by means of delegated acts.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Article 4 - Certificates referred to in point (b) of Article 1(2)

The certificates referred to in point (b) of Article 1(2), concerning the use of products, parts and appliances shall remain valid.

Article 5 - Carryover of training modules

By way of derogation from Commission Regulations (EU) No 1178/2011 (6) and (EU) No 1321/2014 (7), the competent authorities of the Member States or the Agency, as applicable, shall take account of the examinations taken in training organisations that are subject to oversight by the competent authority of the United Kingdom but which have not yet led to the issuance of the license prior to the date of application referred to in the second subparagraph of Article 10(2) of this Regulation, as if they had been taken with a training organisation subject to the oversight of the competent authority of a Member State.

Article 6 - Rules and obligations regarding certificates governed by Articles 3 or 4

1. Certificates governed by Articles 3 or 4 of this Regulation are subject to the rules applicable to them in accordance with Regulation (EU) 2018/1139 and the implementing and delegated acts adopted by virtue of it or of Regulation (EC) No 216/2008. The Agency shall have the powers established in Regulation (EU) 2018/1139 and in the implementing and delegated acts adopted under that Regulation and under Regulation (EC) No 216/2008 with regard to entities having their principal place of business in a third country.

2. At the request of the Agency, the holders of the certificates referred to in Article 3 and the issuers of certificates referred to in Article 4 shall deliver copies of all audit reports, findings and corrective action plans relevant to the certificates which have been issued during the three years previous to the request. Where such documents have not been delivered within the time limits laid down by the Agency in its request, the Agency may withdraw the benefit acquired pursuant to Article 3 or Article 4, as applicable.

3. Holders of certificates referred to in Article 3 and the issuers of certificates referred to in Article 4 of this Regulation shall inform the Agency without delay of any actions by the authorities of the United Kingdom, which might conflict with their obligations under this Regulation or Regulation (EU) 2018/1139.

Article 7 - Competent authority

For the purposes of this Regulation and for the purpose of oversight of the holders and the issuers of certificates referred to in Article 1(2) of this Regulation, the Agency shall act as the competent authority provided for third country entities under Regulation (EU) 2018/1139 and the implementing and delegated acts adopted under that Regulation or under Regulation (EC) No 216/2008.

Article 8 - Application of Commission Regulation (EU) No 319/2014

Commission Regulation (EU) No 319/2014 (8) shall apply to legal and natural persons holding or issuing certificates referred to in Article 1(2) of this Regulation under the same conditions as to holders of corresponding certificates issued to third country legal or natural persons.

Article 9 - Acceptable means of compliance and guidance material

The Agency may issue acceptable means of compliance and guidance material for the application of this Regulation in accordance with Article 76(3) of Regulation (EU) 2018/1139.

Article 10 - Entry into force and application

1. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

2. It shall apply from the day following that on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) of the Treaty on European Union.

However, Article 5 shall apply from the date of entry into force of this Regulation.

3. This Regulation shall not apply if a withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) of the Treaty on European Union has entered into force by the date referred to in the first subparagraph of paragraph 2 of this Article.

This Regulation shall be binding in its entirety and directly applicable in all Member States.