SECTION VIII

Without prejudice to point 1 of Annex VIII and the rules adopted on the basis of point (a) of Article 44(1), aircraft referred to in point (c) of Article 2(1), as well as their aircrew and their operations, shall comply with the applicable ICAO standards. To the extent that there are no such standards, those aircraft, their aircrew and their operations shall comply: as regard aircraft other than unmanned aircraft, with the essential requirements set out in Annexes II, IV and V; as regards unmanned aircraft, with the essential requirements set out in Annex IX and, where the delegated acts referred to in Article 61 so provide, with the essential requirements set out in Annexes II, IV and V. However, the second subparagraph shall not apply where those essential requirements are in conflict with the rights of third countries under international conventions. The operation of the aircraft referred to in point (c) of Article 2(1) for commercial air transport shall be subject to certification and shall be issued with an authorisation. That authorisation shall be issued upon application, when the applicant has demonstrated its capability, and the availability to it of the means, to discharge the responsibilities associated with the operation of that aircraft in compliance with the requirements specified in Article 59. The authorisation shall specify the privileges granted to the operator and the scope of the operations. Where the delegated acts referred to in Article 61 so provide, the operation of aircraft referred to in point (c) of Article 2(1) other than for commercial air transport shall be subject to certification and shall be issued with an authorisation. That authorisation shall be issued upon application, when the applicant has demonstrated its capability, and the availability to it of the means, to discharge the responsibilities associated with the operation of that aircraft in compliance with the requirements specified in Article 59. The authorisation shall specify the privileges granted to the operator and the scope of the operations. By way of derogation from the first subparagraph of this paragraph, where the delegated acts referred to in Article 61 so provide, the operators of the aircraft referred to in point (c) of Article 2(1) engaged in operations other than commercial air transport shall be permitted to declare their capability, and the availability to them of the means, to discharge the responsibilities associated with the operation of that aircraft in compliance with the requirements specified in Article 59. Except for the operation of unmanned aircraft, the authorisations and declarations referred to in paragraphs 1 and 2 shall not be required in respect of the operation of aircraft that are only overflying the territory to which the Treaties apply. For the aircraft referred to in point (c) of Article 2(1), as well as their aircrew and their operations, the Commission is empowered to adopt delegated acts, in accordance with Article 128, laying down detailed rules with regard to: the authorisation of aircraft, in respect of which there is no standard ICAO certificate of airworthiness, or the authorisation of pilots who do not hold a standard ICAO licence, to operate into, within or out of the territory to which the Treaties apply; the specific conditions to operate an aircraft in compliance with Article 59; alternative conditions for cases where compliance with the standards and requirements referred to in Article 59 is not possible or involves a disproportionate effort from the operator, while ensuring that the objectives of the standards and requirements concerned are met; the conditions for issuing, maintaining, amending, limiting, suspending or revoking the authorisations referred to in Article 60, and for the situations in which, with a view to achieving the objectives set out in Article 1 and while taking account of the nature and risk of the particular activity concerned, such authorisations are to be required or declarations are to be permitted, as applicable. Those conditions shall take into account the certificates issued by the state of registry, the state of the operator, and, in case of unmanned aircraft, the state where the equipment to control the unmanned aircraft remotely is located, and be without prejudice to Regulation (EC) No 2111/2005 and to the implementing acts adopted on the basis thereof; the privileges and responsibilities of the holders of the authorisations referred to in Article 60(1) and (2), and, where relevant, aircraft operators that made declarations in accordance with Article 60(2). When adopting the rules referred to in paragraph 1, the Commission shall ensure, in particular, that: use is made, as appropriate, of ICAO recommended practices and guidance documents; no requirement exceeds what is required under this Regulation from aircraft referred to in point (b) (i) of Article 2(1) and from the aircrew and operators of such aircraft; the process through which the authorisations referred to in Article 60(1) and (2) are obtained is simple, proportionate, effective and cost-efficient and allows for demonstrations of compliance which are proportionate to the complexity of the operation and the risk involved in that operation. The Commission shall in particular ensure that account is taken of: the results of the ICAO Universal Safety Oversight Audit Programme; information collected under ramp inspection programmes established in accordance with the delegated acts referred to in Article 62(13) and the implementing acts referred to in Article 62(14); other recognised information on safety aspects with regard to the operator concerned; certificates issued in accordance with the laws of a third country; aspects related to ATM/ANS are taken into account.

← art_58__para_2__text_1 · All articles · Article 59 →

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