FAQ n.19002

Which kind of measures can the Commission apply against the National aviation authorities who do not comply with their obligations deriving from Regulation (EC) No 216/2008 (the Basic Regulation) and its implementing regulations?


The implementation of the Basic Regulation and its implementing regulations by Member States is subject to the European Union oversight.
According to Article 54 of the Basic Regulation - Inspections of Member States - the Agency shall assist the Commission in monitoring such implementation by conducting standardisation inspections. Upon the standardisation inspection the Agency establishes an inspection report where it addresses findings identified during the inspection and which will be sent to the Member State concerned and to the Commission. In cases of non-compliance, the Commission may initiate an infringement procedure.

Additionally, in accordance with Article 11 (2), the Commission, on its own initiative or at the request of a Member State or the Agency, may initiate a comitology procedure to decide whether a certificate issued in accordance with the Basic Regulation and its implementing regulations effectively complies with them. In case of non-compliance, the Commission shall require the issuer of a certificate to take appropriate corrective action, such as limitation or suspension of that certificate. Moreover, once the Commission issues such a decision, the obligation of mutual recognition of certificates ceases to apply to the other Member States. Once the Commission has sufficient evidence that appropriate corrective action has been taken, it will decide that mutual recognition shall be restored.

Until now no such measure has been undertaken.

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