Article 38

Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (Text with EEA relevance) · European Union

The Agency shall be managed by its Executive Director, who shall be completely independent in the performance of his/her duties. Without prejudice to the competencies of the Commission and the Management Board, the Executive Director shall neither seek nor take instructions from any government or from any other body. The European Parliament or the Council may invite the Executive Director to report on the carrying out of his/her tasks. The Executive Director shall have the following functions and powers: to approve the measures of the Agency as defined in Article 18 within the limits specified by this Regulation, its implementing rules and any applicable law; to decide on inspections and investigations as provided for in Articles 54 and 55; to allocate certification tasks to national aviation authorities or qualified entities according to guidelines set by the Management Board; to undertake any international functions and technical cooperation with third countries pursuant to Article 27; to take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Agency in accordance with the provisions of this Regulation; to prepare each year a draft general report and submit it to the Management Board; to exercise in respect of the Agency's staff the powers laid down in Article 29(2); to draw up estimates of the revenues and expenditure of the Agency pursuant to Article 59, and to implement the budget pursuant to Article 60; to delegate his/her powers to other members of the Agency's staff subject to rules to be adopted in accordance with the procedure referred to in Article 65(2); with the consent of the Management Board, to take decisions regarding the establishment of local offices in the Member States in accordance with Article 28(3); to prepare and to implement the annual programme of work; to respond to requests for assistance from the Commission.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-29 · Text as adopted (Official Journal); later amendments are not incorporated in this text.