Flexibility Provisions - (EC) 216/2008 (not applicable anymore)

Information on exemptions and derogations

Article 14 of Regulation (EC) No 216/2008 (hereinafter “Basic Regulation”) contains a threefold flexibility provision, allowing Member States:

• to take immediate measures to address a safety problem (paragraph 1);
• to grant exemptions in the event of unforeseen urgent operational circumstances or an operational need of limited duration (paragraph 4);
• to grant derogations from the provisions laid down in the Implementing Rules to the Basic Regulation where an equivalent level of safety can be achieved (paragraph 6).

Depending on the type of measures taken, these shall be notified to EASA, the European Commission and the other Member States. In all cases the Agency is responsible to assess the notifications and provide the consequent Recommendation to the European Commission, which adopts the final Decision to ensure a high and uniform level of safety and the correct functioning of the Internal Market. The recommendations issued by the Agency are not binding, and only the decisions adopted by the European Commission have legal value.

The flexibility measures taken or proposed by Member States are evaluated not only in terms of the equivalency of their safety value, or of the safety value of the conditions attached to them, but also in terms of the reasons given to justify the need to derogate.

Refer to the download box below for documents detailing important information for exemptions and derogations based on Art. 14.
Additional information on Art. 14 exemptions and derogations can be requested via email: exemptions [at] easa.europa.eu (exemptions[at]easa[dot]europa[dot]eu)

The following instructions (as described in the Commission Information Note that you can find in the downloads) are provided to ensure uniform application of the flexibility provisions established in Basic Regulation Articles 14(1), 14(4) and 14(6). Complying with these will enhance efficiency in the processing of the relevant information:

1. When applying Article 14(1) of the Basic Regulation, the notification provided by the Member State shall include at least:

1. a description of the safety problem;
2. the affected requirements of Basic Regulation and its implementing rules
3. the identification of the product, part, appliance, person or organisation concerned;
4. the identification of the affected activity;
5. the measure required and its justification;
6. the time limit for compliance with the measure required; and
7. the date or period of applicability of the measure.

When applying Article 14(4) of the Basic Regulation, the notification sent by the Member State shall include at least:

1. the affected requirements of the Basic Regulation and its implementing rules;
2. a description of the unforeseen urgent operational circumstances or of the needs being the reason for granting the exemption;
3. the identification of the product, part, appliance, person or organisation to which the exemption applies, including a description of the type of operation or activity concerned;
4. the type of operation or the activity concerned;
5. the date or period of applicability of the exemption;
6. a reference to previous similar exemptions, if any; and
7. an assessment and evidence demonstrating that the level of safety is not adversely affected, including, if applicable, a description of the related mitigation measures.

• Definition of repetitive exemptions
• Article 14(4) exemption notification form

When applying Article 14(6) of the Basic Regulation, the notification sent by the Member State shall include at least:

1. the requirements for which the Member State intends to grant a derogation;
2. the reason(s) demonstrating the need to derogate;
3. the identification of the product, part, appliance, person or organisation to which the derogation applies, including a description of the type of operation or activity concerned;
4. the conditions that the Member State has put in place to ensure that an equivalent level of protection is achieved; and
5. an assessment and evidence demonstrating that an equivalent level of protection is ensured.

Information on the establishment of a pool of experts to assist the Agency with the assessment of IFTSS – Article 22.2(c) of Regulation (EC) 216/2008

Article 22.2 (c) of the Basic Regulation requires the Agency to assess individual flight time specification schemes (IFTSS) applications which deviate from the FTL Certification Specifications adopted by the Agency.

The pool of experts to assist the Agency with the assessment of IFTSS has been established with ED Decision 2014/193/E.

The Agency will appoint experts from the pool to participate in a panel of experts once it has received an IFTSS application.

A panel will have a balanced representation of Member States, Operators and Crew associations.

The composition of each panel will be communicated to the Agency’s Advisory Bodies.

In accordance with Article 22.2 of Regulation (EC) No 216/2008, once the assessment is finalised, information on an IFTSS is published on the table below.

Individual Flight Time Specification Schemes - ARO.OPS.235 / ORO.FTL.125