Page 39 - UK Basic Regulation & Occurence Reporting Regulations (Consolidated) January 2021

Basic Regulation (EU) 2018/1139

(b) whenever necessary, involve experts from relevant interested parties or draw on the
expertise of the standardisation bodies or other specialised bodies;
(c) ensure that the CAA publishes documents and widely consults interested parties, in
accordance with a timetable and a procedure which includes an obligation on the
CAA to give a written response to the consultation process.
2. When the CAA, pursuant to Article 76(1) and (3), develops opinions, certification
specifications and other detailed specifications, acceptable means of compliance and
guidance material, it shall establish a procedure for the prior consultation of relevant
stakeholders.
3. The CAA shall publish the opinions, certification specifications and other detailed
specifications, acceptable means of compliance and guidance material developed
pursuant to Article 76(1) and (3) and the procedures established pursuant to paragraph 1
of this Article on the CAA’s website.
ARTICLE 116 Procedures for taking decisions
1. The CAA shall establish transparent procedures for taking individual decisions as provided
for in Article 76(4).
Those procedures shall in particular:
(a) ensure the hearing of the natural or legal person to be addressed in the decision
and of any other party with a direct and individual concern;
(b) provide for notification of the decision to natural or legal persons and for its
publication;
(c) provide for the natural or legal person to whom the decision is addressed, and any
other parties to proceedings, to be informed of the legal remedies available to them
under the Civil Aviation Authority Regulations1991;
(d) ensure that the decision contains a statement of reasons.
2. The CAA shall establish procedures specifying the conditions under which decisions are
notified to the persons concerned, including information on the available appeal
procedures as provided for in this Regulation.
ARTICLE 127 Regulations
1. Regulations made under this Regulation are to be made by statutory instrument.
2. Regulations made by the Secretary of State under this Regulation are subject to
annulment in pursuance of a resolution of either House of Parliament.
3. Regulations made under this Regulation may—
(a) make different provision for different purposes or areas;
(b) include supplementary, incidental or consequential provision;
(c) make transitional, transitory or saving provision.
ARTICLE 132 Processing of personal data
1. With regard to the processing of personal data within the framework of this Regulation,
the Secretary of State and the CAA shall carry out their tasks under this Regulation in
accordance with data protection legislation within the meaning of section 3(9) of the Data
Protection Act 2018 (c.12)
ARTICLE 133 Amendment to Regulation (EC) No 2111/2005
In Article 15 of Regulation (EC) No 2111/2005, paragraphs 1 to 3 are replaced by the following:
1. The Commission shall be assisted by a committee (‘EU Air Safety Committee’). That
committee shall be a committee within the meaning of Regulation (EU) No 182/201
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall
apply.
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall
apply.’.
ARTICLE 134 Amendments to Regulation (EC) No 1008/2008
Regulation (EC) No 1008/2008 is amended as follows:
(1) in Article 4, point (b) is replaced by the following:
‘(b) it holds a valid AOC issued in accordance with Regulation (EU) 2018/1139 of the
European Parliament and of the Council (*) either by a national authority of a Member
State, by several national authorities of Member States acting jointly in accordance with
Article 62(5) of that Regulation or by the European Union Aviation Safety Agency.
(*)Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July
2018 on common rules in the field of civil aviation and establishing a European Union
Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No
1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and
2014/53/EU of the European Parliament and of the Council, and repealing Regulations
(EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council
and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).’;
(2) Article 6 is replaced by the following:
‘Article 6
Air operator certificate
1. The granting and validity of an operating licence shall be dependent on the
possession of a valid AOC specifying the activities covered by that operating
licence.
2. Any modification to the AOC of a Community air carrier shall be reflected, where
appropriate, in its operating licence.
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