FAQ n.19233

What are the areas of responsibility for the Agency?

Answer

The European Aviation Safety Agency (EASA) is governed by Regulation (EC) 216/2008  which sets out the tasks and responsibilities of the Agency.

EASA cannot provide legally binding interpretations of EU Regulations. These functions are reserved to national and EU courts and to the European Commission.  Under the EU Treaties, Member States are responsible for interpreting and implementing EU law in their national legal system.
 
For that reason, any queries concerning the implementation of aviation safety regulations within EASA’s remit should be handled by the competent authorities designated by Member States.

For organisations, the Agency is the Competent Authority in accordance with ORA.GEN.105:

ORA.GEN.105 Competent authority

(a) For the purpose of this Part, the competent authority exercising oversight over:

(1) organisations subject to a certification obligation shall be:

(i) for organisations having their principal place of business in a Member State, the authority designated by that Member State;
(ii) for organisations having their principal place of business located in a third country, the Agency;

(2) FSTDs shall be:

(i) the Agency, for FSTDs:
- located outside the territory of the Member States, or,
- located within the territory of the Member States and operated by organisations having their principal place of business located in a third country,
(ii) for FSTDs located within the territory of the Member States and operated by organisations having their principal place of business in a Member State, the authority designated by the Member State where the organisation operating it has its principle place of business, or the Agency, if so requested by the Member State concerned.

(b) When the FSTD located outside the territory of the Member States is operated by an organisation certified by a Member State, the Agency shall qualify this FSTD in coordination with the Member State that has certified the organisation that operates such FSTD.

It should be noted that the Agency has no powers to issue any personal licences or certificates in regard of the “Aircrew Regulation”

Last updated: 
09/10/2015

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