Safeguard & Flexibility Provisions
Regulation EU 2018/1139 provides the Member States with the following tools:
- Art. 70 safeguard provision :
The Member State notifies an immediate measure taken in reaction to a serious safety problem.
- Art. 71(1) and 71(2) exemption provisions:
The Member State notifies a time-limited exemption from Regulation EU 2018/1139 Implementing Act (IA) / Delegated Act (DA) requirement but not from an Essential Requirement as set out in the 2018/1139 Annexes).When the exemption exceeds 8 months (art. 71(2)), EASA will perform an assessment within 3 months and forward a recommendation to the European Commission, which will take a decision.
- Art. 71(3) request for amendment:
The Member State requests an amendment to an IA/DA, to allow for the use of another means of compliance with a Regulation EU 2018/1139 Essential Requirement.
- Art. 76(7) Proposal of Individual Flight Time Specification Scheme (IFTSS):
The Member States may propose IFTSS which deviate from the certifications specifications adopted by the Agency.
A general overview of the process shows that:
- Formal notifications and information shall take place via the repository in accordance with Article 74 Repository (“R74”). Note: EASA is working on a transitional tool, until the R74 has been fully set up.
- Member States shall immediately notify the other Member States, the European Commission and the EASA of their measures (safeguard, exemption, request for DA/IA amendment) by describing:
- the measures taken,
- their duration,
- and the reasons for taking them;
- In the case of safeguard (Article 70) EASA shall evaluate without undue delay the measures notified and provide a recommendation to the European Commission or evaluate if EASA can take its own decision referred to in Article 76(4)(1).
- Article 71(1) and Article 71(2) introduce the notion of repetitive exemption whose durations shall be added and compared to the threshold of 8 months. Up to 8 months (cumulative) the EASA/European Commission evaluation process will not be triggered Article 71(1).
- Above 8 months (cumulative), as per Article 71(2) EASA shall provide a recommendation to the European Commission within 3 months. Then the Commission shall publish its decision within 3 months.
- When a measure is not supported by the European Commission, it shall be revoked by the Member State.
- In the case of a Request for amendment (Article 71(3)) EASA shall evaluate without undue delay the request and provide a recommendation to the European Commission.
- EASA shall issue an opinion on the IFTSS proposed by a Member State.
How a Member State can submit a Safeguard, Exemption, Request for DA/IA amendment, IFTSS proposal:
A Member State shall use a dedicated platform (FlexTool) to provide needed information and upload associated documentation. For information, please refer to the download box below to access the required elements for each concerned Article.
Flexibility Provisions - (EC) 216/2008 are only applicable for Iceland, Liechtenstein & Norway.