Flexibility Provisions - (EU) 2018/1139

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.

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