EASA Basic Reg 2018/1139 Introduction & Overview

Introduction by Sofema Online www.sofemaonline.com

The European Commission in 2015 issued the Aviation Strategy for Europe and laid the foundation for the development of Basic Regulation 2018/1139 with a number of high level objectives.

The Regulation was formally adopted by the European Parliament in June 2018 and Entered into Force 11 September 2018.

The new Basic Regulation 2018/1139 is the cornerstone of the EU regulatory framework in civil aviation, and is a significant piece of legislation with far reaching implications.

Main changes include the following:

Introduction of delegated acts

New objectives and extended scope

Changes in substantive and essential requirements in the fields of ATM/ANS and aerodromes, especially in relation to the following:

a) ATM/ANS systems and ATM/ANS constituents
b) Organisations involved in the design, production or maintenance of such systems and equipment
c) Certification of ATM/ANS providers (and possibilities for exemption)
d) Design of airspace structures
e) Safety-related aerodrome equipment
f) New functions and tasks of EASA in or affecting the fields of ATM/ANS and aerodromes
g) New possibilities for reallocation of responsibilities with regards to certification, oversight and enforcement tasks 

Basic Regulation Objectives Include:

a) Making better use of limited resources
b) A flexible and performance based system
c) Closing gaps & inconsistencies
d) Delivering better governance for EASA 

New changes to be progressively introduced include:

a) The creation of a Pan European Pool of Aviation Inspectors
b) A New framework for transferring responsibilities
c) Additional Oversight Support Mechanism
d) Central Database for all certification and licencing information
e) Improved working at the International Level

Additional Development Considerations

1/ Emphasis on the continued development and engagement with Risk based elements and promotion of proportionate, performance based rules
2/ Additional flexibility related to the regulation of General Aviation
3/ Additional focus on the compliance with ICAO Annex 19 Safety Plans at both European & National Level

4/ Introduction of the concept of Opt-In & Opt-Out

Opt-in and Opt-out are ways to refer to certain provisions in the new Basic Regulation (NBR) that allow for flexibility in its scope. An Opt-in refers to a situation where a product or activity there would normally be excluded becomes subject to the scope of the Regulation; the opposite case is referred to as an opt-out.

Note - The new Basic Regulation provides for 2 Opt-in and 2 Opt-out possibilities.

Opt-in for state operations/aircraft (article 2(6) NBR).

This opt-in allows Member States (MS) to decide to apply EASA rules to activities that are normally excluded by article 2(3)(a) NBR – military, customs, police, search and rescue, firefighting, border control, coastguard or similar activities or services.

Opt-in for Annex II aircraft (article 2(4) NBR).

This opt-in allows a design organization to choose to have the design, production and maintenance of a new product to be subject to EASA rules, when that product would normally be excluded from the scope of the NBR through article 2(3)(d).  

Opt-out for light aircraft (article 2(8) NBR).

This opt-out allows MS to decide to exclude certain manned light aircraft from the scope of the EASA system, making them subject to their national rules. The opt-out will not create obligations for other MS.

Opt-out for ‘small’ aerodromes (article 2(7) NBR).

This opt-out allows MS to decide to exempt the design, maintenance and operations of certain aerodromes from the EASA rules, when that aerodrome handles no more then than 10 000 commercial air transport passengers and 850 cargo operations per year.

5/ Additional focus on the compliance with ICAO Annex 19 Safety Plans at both European & National Level
6/ New Framework to deal with all aspects of Unmanned Aircraft
7/ European Wide requirements of Aircraft Noise and Emissions - extending the scope of ICAO Аnnex 16
8/ New Proportionate Safety Standards for Ground Handling
9/ Development of Interdependencies with security and environmental legislation (Including Cyber & Chemical)

Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) is a European Union regulation dating from 18 December 2006. REACH addresses the production and use of chemical substances, and their potential impacts on both human health and the environment.

Structure of the Regulation 

Chapter I Principles

▪ Objectives
▪ Scope
▪ Definitions
▪ Principles 

Chapter II Aviation Safety Management

▪ Implementation ICAO Annex 19- European State Safety Programme & Plan 

Chapter III Substantive Requirements

▪ Airworthiness & Environmental Protection
▪ Aircrew – Air Operations
▪ Aerodromes – ATM/ANS
▪ Air Traffic Controllers
▪ Unmanned Aircraft
▪ Third Country Operators

Chapter IV Joint Certification, Oversight and Enforcement System

▪ Rules for Competent Authorities
▪ Transfer of Responsibilities
▪ Validity and Recognition of Certificates
▪ Acceptance of Third Country Certificates

Chapter V EASA

▪ Tasks
▪ Internal Structure
▪ Working Methods
▪ Financial Requirements 

Chapter VI Final Provisions

▪ Procedures for Delegated and Implementing Acts
▪ Penalties
▪ Repeals and Amendments
▪ Transitional Provisions
▪ Entry into Force

Annexes Essential Requirements

▪ I - Excluded Aircraft
▪ II - Airworthiness
▪ III - Environmental Compatibility Related to Products
▪ IV - Aircrew
▪ V - Air Operations
▪ VI - Qualified Entities
▪ VII - Aerodromes
▪ VIII - ATM/ANS and Air Traffic Controllers
▪ IX - Unmanned Aircraft
▪ X - Cross Ref from Regulation 216/2008

www.sofemaonline.com offers EASA compliant regulatory and vocational training and will shortly include EASA Basic Regulation 2018/1139.

If you would like to be informed regarding availability please email online@sassofia.com