EASA as competent Authority

The main tasks and responsibilities of the Agency as laid down in Regulation (EU) 2018/1139 are as follows:

• Assist the European Commission in the preparation of the common safety rules, and in the negotiation of the international aviation safety agreements;
• Issue certification specifications, acceptable means of compliance and guidance material;
• Certify aircraft, engines, propellers, parts and non-installed equipment;
• Approve certain organizations involved in aviation activities both in the EU and abroad; 
• Authorize third country airlines to fly into the EU
• Assist the European Commission in monitoring correct application of common aviation safety requirements by EU Member States 
• Cooperate with foreign civil aviation authorities, and regional and international organisations alike, in order to enhance aviation safety in Europe and worldwide.

The EASA’s remit has been expanded to the rulemaking and standardisation of aerodrome safety and ATM. This change is based on the amending Regulation (EC) No 1108/2009 to Regulation (EC) No 216/2008. For details on the work in this area please look at the pages for ATM and Aerodromes and the relevant FAQ section.

Pursuant to Article 2(3) of Regulation 2018/1139 (The Basic Regulation), that regulation shall NOT apply to: 

a) aircraft, and their engines, propellers, parts, non-installed equipment and equipment to control aircraft remotely, while carrying out military, customs, police, search and rescue, firefighting, border control, coastguard or similar activities or services under the control and responsibility of a Member State, undertaken in the public interest by or on behalf of a body vested with the powers of a public authority, and the personnel and organisations involved in the activities and services performed by those aircraft; 

b) aerodromes or parts thereof, as well as equipment, personnel and organisations, that are controlled and operated by the military; 

c) ATM/ANS, including systems and constituents, personnel and organisations, that are provided or made available by the military; 

d) the design, production, maintenance and operation of aircraft the operation of which involves low risk for aviation safety, as listed in Annex I, and to the personnel and organisations involved therein, unless the aircraft has been issued, or has been deemed to have been issued, with a certificate in accordance with Regulation (EC) No 216/2008.

In addition Member States may decide, on a voluntary basis, to:

a) exempt from the provisions of the Basic Regulation the design, maintenance and operation of an aerodrome, and the safety-related equipment used at that aerodrome, where that aerodrome handles no more than 10 000 commercial air transport passengers per year and no more than 850 movements related to cargo operations per year, and provided that Member States concerned ensure that such exemption does not endanger compliance with the essential requirements for aerodromes (Article 2(7) of the Basic Regulation);

b) exempt from the provisions of the Basic Regulation design, production, maintenance and operation activities in respect of certain categories of light aeroplanes, helicopters and sailplanes, which have not been previously certified by EASA (Article 2(8) of the Basic Regulation).

As an official public body of the EU, EASA works within a strict legal framework which provides the highest confidentiality standards with regard to the use and dissemination of the information submitted in the framework of its institutional tasks. As such, EASA can and will only use the data within its mandate, as defined by Regulation (EU) 2018/1139, which sets out its tasks and responsibilities in relation to aviation safety within the EU.

In addition, as a body of the EU, several legal obligations on confidentiality and discretion are specifically imposed on EASA, as well as on its staff members, as prescribed by Article 17 of the EU Staff Regulations. These obligations apply to staff during their employment with EASA and also after their employment has come to an end. This means that unauthorised disclosure of information received in the line of duty is prohibited on a perpetual basis. 

Without prejudice to the application of Regulation (EC) No 1049/2001 on public access to documents, Article 4 of this regulation provides for specific cases in which the Agency shall refuse disclosure of documents. In particular, EASA has to refuse access to documents whenever such disclosure would undermine the commercial interest of a natural or legal person, including intellectual property. This means that EASA has a specific obligation, imposed by law, to protect certain interests when handling requests for disclosure of documents.

In light of the above, all information shared with EASA provided within the scope of the cooperation will be afforded the appropriate level of data confidentiality.