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 Commission, the Agency and the Member States shall take into account, as appropriate for the activity concerned: whether persons other than flight crew are carried on board, and in particular whether the operation is open to members of the public; to what extent third parties or property on the ground could be endangered by the activity; the complexity, performance and operational characteristics of the aircraft involved; the purpose of the flight, the type of aircraft and type of airspace used; 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; the extent to which the persons affected by the risks involved in the operation are able to assess and exercise control over those risks; the results of past certification and oversight activities.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.