EASA Basic Regulation 2018/1139 Considering Implementing and Delegated Acts

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Terminology Introduction

Decisions

Decisions are binding legal acts that apply to 1 or more EU countries, companies or individuals. The party concerned must be notified and the decision comes into effect upon such notification. They don’t need to be transposed into national law.

Recommendations

Recommendations allow the EU institutions to make their views known and to suggest a line of action without imposing any legal obligation on those to whom it is addressed. They have no binding force.

Opinions

An 'opinion' is an instrument that allows the EU institutions to make a statement, without imposing any legal obligation on the subject of the opinion. An opinion has no binding force.

Implementing acts

Implementing acts are legally binding acts that enable the Commission – under the supervision of committees consisting of EU countries’ representatives – to set conditions that ensure that EU laws are applied uniformly.

Primary responsibility for implementing EU law lies with EU countries. However, in areas where uniform conditions for implementation are needed (taxation, agriculture, the internal market, health and food safety, etc.), the Commission (or exceptionally the Council) adopts an implementing act.

How are implementing acts adopted?

Before the Commission can adopt an implementing act, it must usually consult a committee in which every EU country is represented.

The committee enables EU countries to oversee the Commission's work as it adopts an implementing act – a procedure referred to in EU jargon as ‘comitology’.

As part of the Commission's better regulation agenda, citizens and other stakeholders can provide feedback on the draft text of an implementing act for four weeks before the relevant committee votes to accept or reject it.

Delegated acts

Delegated acts are legally binding acts that enable the Commission to supplement or amend non‑essential parts of EU legislative acts, for example, in order to define detailed measures.

The Commission adopts the delegated act and if Parliament and Council have no objections, it enters into force.

The Commission's power to adopt delegated acts is subject to strict limits:

- The delegated act cannot change the essential elements of the law

- The legislative act must define the objectives, content, scope and duration of the delegation of power

Parliament and Council may revoke the delegation or express objections to the delegated act.

How are delegated acts adopted?

The Commission prepares and adopts delegated acts after consulting expert groups, composed of representatives from each EU country, which meet on a regular or occasional basis.

Once the Commission has adopted the act, Parliament and Council generally have two months to formulate any objections. If they do not, the delegated act enters into force.

Adopted acts contain an 'explanatory memorandum' summarising the feedback received and how it was used.

Basic Regulation 2018/1139 example reference to Implementing & Delegated Acts 

 I (Legislative acts)

(11) In order to take into account the interests and views of their aeronautical industry and aircraft operators, Member States should be allowed to exempt from this Regulation the design, production, maintenance and operation activities which are performed in respect of certain small aircraft, other than unmanned aircraft, unless, in respect of those aircraft, a certificate in accordance with this Regulation or with Regulation (EC) No 216/2008 of the European Parliament and of the Council (2) has been issued, or has been deemed to have been issued, or a declaration has been made in accordance with this Regulation. 

Such exemptions should not create any obligation under this Regulation for other Member States to recognise such national arrangements.

However, such exemptions should not prevent an organisation with a principal place of business in the territory of the Member State which has granted that exemption from deciding to conduct its design and production activities in respect of aircraft covered by that decision in accordance with this Regulation and with the delegated and implementing acts adopted on the basis thereof.

(12) The measures taken in accordance with this Regulation to regulate civil aviation in the Union, and the delegated and implementing acts adopted on the basis thereof, should correspond and be proportionate to the nature and risks associated with the different types of aircraft, operations and activities they address.

Such measures should also, in as far as possible, be formulated in a manner which focuses on objectives to be achieved, while allowing different means of achieving those objectives, and should also foster a systemic approach to civil aviation, taking into account interdependencies between safety and other technical domains of aviation regulation, including cyber security.

This should contribute to a more cost-efficient achievement of required safety levels and to the stimulation of technical and operational innovation. Use should be made of recognised industry standards and practices, where it has been found that they ensure compliance with the essential requirements set out in this Regulation.

(21) The obligations of an aerodrome operator can be fulfilled directly by the aerodrome operator or, in some cases, by a third party. In such cases, the aerodrome operator should have arrangements in place with that third party to ensure compliance with this Regulation and with the delegated and implementing acts adopted on the basis thereof.

(42) In order to achieve the main objectives of this Regulation, as well as objectives related to the free movement of goods, persons, services and capital, the certificates issued and declarations made in accordance with this Regulation and with the delegated and implementing acts adopted on the basis thereof should be valid and should be recognised, without further requirements or evaluation, in all Member States.

(43) When issuing certificates pursuant to this Regulation, account might need to be taken of certificates, or other relevant documentation attesting compliance, issued in accordance with the laws of third countries. That should be done where the relevant international agreements concluded by the Union with third countries or the delegated acts adopted by the Commission pursuant to this Regulation so provide, and in accordance with those agreements or delegated acts.

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