Page 18 - UK Basic Regulation & Occurence Reporting Regulations (Consolidated) January 2021

Basic Regulation (EU) 2018/1139

unmanned aircraft by operating its flight controls, either manually or, when the unmanned
aircraft flies automatically, by monitoring its course and remaining able to intervene and
change the course at any time;
(32) ‘equipment to control unmanned aircraft remotely’ means any instrument, equipment,
mechanism, apparatus, appurtenance, software or accessory that is necessary for the
safe operation of an unmanned aircraft, which is not a part, and which is not carried on
board of that unmanned aircraft;
(34) the CAA’ means the Civil Aviation Authority;
(35) ‘third country’ means any country or territory other than the United Kingdom, except that
British overseas territories, and the Channel Islands and the Isle of Man, are not within the
meaning of third country for the purposes of Commission Regulation (EU)No 452/2014 of
29 April 2014 laying down technical requirements and administrative procedures related to
air operations of third country operators pursuant to Regulation (EC)No 216/2008 of the
European Parliament and of the Council.
ARTICLE 4 Principles for measures under this Regulation
1. When taking measures under this Regulation the Secretary of State and the CAA shall:
(a) reflect the state of the art and best practices in the field of aviation, and take into
account worldwide aviation experience and scientific and technical progress in the
respective fields;
(b) build on the best available evidence and analysis;
(c) allow for immediate reaction to established causes of accidents, serious incidents
and intentional security breaches;
(d) take into account interdependencies between the different domains of aviation
safety, and between aviation safety, cyber security and other technical domains of
aviation regulation;
(e) lay down, where possible, requirements and procedures in a manner which is
performance-based and focuses on objectives to be achieved, while allowing
different means of achieving compliance with those performance-based objectives;
(g) take non-binding measures, including safety promotion actions, where possible;
(h) take into account the international rights and obligations in the field of civil aviation of
the United Kingdom, including those under the Chicago Convention.
2. The measures taken under this Regulation shall correspond and be proportionate to the
nature and risk of each particular activity to which they relate. In preparing and enacting
such measures, the Secretary of State and the CAA shall take into account, as
appropriate for the activity concerned: (a) whether persons other than flight crew are
carried on board, and in particular whether the operation is open to members of the public;
(b) to what extent third parties or property on the ground could be endangered by the
activity;
(c) the complexity, performance and operational characteristics of the aircraft involved;
(d) the purpose of the flight, the type of aircraft and type of airspace used;
(e) the type, scale, and complexity of the operation or activity, including, where relevant,
the size and type of the traffic handled by the responsible organisation or person;
(f) the extent to which the persons affected by the risks involved in the operation are
able to assess and exercise control over those risks;
(g) the results of past certification and oversight activities.
ARTICLE 7 State Safety Programme
1. The Secretary of State must, in consultation with the CAA and other relevant stakeholders,
establish and maintain a State safety programme for the management of civil aviation
safety in relation to the aviation activities under the responsibility of the Secretary of State
(the ‘State Safety Programme’). That programme shall be commensurate with the size
and the complexity of those activities.
2. The State Safety Programme shall include at least the elements related to State safety
management responsibilities described in the international standards and recommended
practices.
3. The State Safety Programme shall specify, taking into account the objectives set out in
Article 1, the level of safety performance to be achieved at national level in respect of the
aviation activities under the responsibility of the Secretary of State.
ARTICLE 8 State Plan for Aviation Safety
1. The State Safety Programme shall include or be accompanied by a State Plan for Aviation
Safety. Based on the assessment of relevant safety information, the Secretary of State, in
consultation with the CAA and other relevant stakeholders, shall identify in that plan the
main safety risks affecting the national civil aviation safety system and shall set out the
necessary actions to mitigate those risks.
ARTICLE 9 Airworthiness and environmental protection - Essential requirements
1. Aircraft referred to in points (a) and (b) of Article 2(1), other than unmanned aircraft, and
their engines, propellers, parts and non-installed equipment shall comply with the
essential requirements for airworthiness set out in Annex II to this Regulation.
2. As regards noise and emissions, those aircraft and their engines, propellers, parts and
non-installed equipment shall comply with the environmental protection requirements
contained in Amendment 12 of Volume I, in Amendment 9 of Volume II, and in the initial
issue of Volume III, all as applicable on 1 January 2018, of Annex 16 to the Chicago
Convention.
The essential requirements for environmental compatibility set out in Annex III to this
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