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3.2.2012 Official
Journal
of
the
European
Union L
31/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 90/2012
of 2 February 2012
amending Regulation (EC) No 736/2006 on working methods of the European Aviation Safety
Agency for conducting standardisation inspections
THE EUROPEAN COMMISSION,
products, parts and appliances, as well as for the certifi
cation of design and production organisations and
includes technical requirements as well as administrative
Having regard to the Treaty on the Functioning of the European
procedures to ensure the satisfactory implementation by
Union,
the competent authorities of Member States.
Having regard to Regulation (EC) No 216/2008 of the European
(4) Commission
Regulation
(EC)
No
2042/2003
( 5 ) laid
Parliament and of the Council of 20 February 2008 on
down implementing rules for the continuing
common rules in the field of civil aviation and establishing a
airworthiness of aircraft and aeronautical products,
European Aviation Safety Agency, and repealing Council
parts and appliances, and on the approval of organi
Directive 91/670/EEC, Regulation (EC) No 1592/2002 and
sations and personnel involved in these tasks and
Directive 2004/36/EC ( 1 ), and in particular Article 24(5) thereof,
includes technical requirements as well as administrative
procedures to ensure the satisfactory implementation by
the competent authorities of Member States.
Whereas:
(5) Commission
Regulation
(EU)
No
805/2011
( 6 ) lays down
(1) Commission
Regulation
(EC)
No
736/2006
( 2 ) lays down
detailed rules for air traffic controllers’ licences and
the working methods of the European Aviation Safety
certain certificates and includes technical requirements
Agency (hereinafter ‘the Agency’) for conducting stan
as well as administrative procedures to ensure the satis
dardisation inspections, pursuant to Article 24(5) of
factory implementation by the competent authorities of
Regulation (EC) No 216/2008. Regulation (EC) No
Member States.
736/2006 was adopted at a time where the scope of
Regulation (EC) No 1592/2002 of the European
Parliament and of the Council ( 3 ) was limited to initial
and continuing airworthiness.
(6) Commission
Regulation
(EU)
No
1178/2011
( 7 ) lays
down technical requirements and administrative
procedures related to civil aviation aircrew to ensure
(2) Since
that
time,
Regulation
(EC)
No
216/2008
has
the satisfactory implementation by the competent auth
replaced Regulation (EC) No 1592/2002 and extended
orities of Member States.
twice its scope, first to include in particular air crew,
air operations, and secondly to include air traffic
management and air navigations services (ATM/ANS) as
(7) Commission Implementing Regulation (EU) No
well as airport safety. The Commission has adopted
1034/2011 ( 8 ) lays down administrative procedures for
several implementing rules corresponding to those new
the safety oversight of air traffic management and air
fields of competence.
navigation services to ensure the satisfactory implemen
tation by the competent authorities of Member States of
the common requirements for the provision of air navi
(3) Commission
Regulation
(EC)
No
1702/2003
( 4 ) already
gation services laid down in Commission Implementing
laid down implementing rules for the airworthiness and
Regulation (EU) No 1035/2011 ( 9 ).
environmental certification of aircraft and related
( 5 ) OJ L 315, 28.11.2003, p. 1.
( 1 ) OJ L 79, 19.3.2008, p. 1.
( 6 ) OJ L 206, 11.8.2011, p. 21.
( 2 ) OJ L 129, 17.5.2006, p. 10.
( 7 ) OJ L 311, 25.11.2011, p. 1.
( 3 ) OJ L 240, 7.9.2002, p. 1.
( 8 ) OJ L 271, 18.10.2011, p. 15.
( 4 ) OJ L 243, 27.9.2003, p. 6.
( 9 ) OJ L 271, 18.10.2011, p. 23.

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L 31/2
EN
Official Journal of the European Union
3.2.2012
(8) Council
Regulation
(EEC)
No
3922/91
( 1 ), amended by
(12) The
measures
provided
for
in
this
Regulation
are
in
Commission Regulation (EC) No 859/2008 ( 2 ), laid
accordance with the opinion of the Committee estab
down common technical requirements applicable to
lished by Article 65 of Regulation (EC) No 216/2008,
commercial transportation by aeroplane and adminis
trative procedures to ensure the satisfactory implemen
HAS ADOPTED THIS REGULATION:
tation by the competent authorities of Member States,
which remain applicable until such time that imple
menting rules in the field of air operations apply.
Article 1
In Article 3 of Regulation (EC) No 736/2006, paragraph 1 is
replaced by the following:
(9) Directive
2004/36/EC
of
the
European
Parliament
and
of
the Council ( 3 ) on the safety of third country aircraft
using Community airports, amended by Commission
‘1. For the purpose of assessing compliance with the
Directive 2008/49/EC ( 4 ) laid down procedures for the
requirements of Regulation (EC) No 216/2008 and its imple
conduct of ramp inspections of such aircraft (SAFA) by
menting rules in the fields of initial and continuing
Member States, which remain applicable until such time
airworthiness, air operations, ramp inspections, air crew, air
that implementing rules in the field of ramp inspections
traffic controllers as well as air traffic management and air
apply.
navigation services, the Agency shall carry out inspections of
competent authorities of Member States, and shall establish a
report thereon.’
(10) In
order
to
monitor
the
application
of
these
imple
menting rules by the competent authorities of Member
Article 2
States, it is necessary to extend the application of the
existing working methods of the Agency for conducting
The Agency shall amend its working procedures to comply with
standardisation inspections to the new fields of crew
this Regulation not later than 1 month following its entry into
licensing, air operations, air traffic controllers’ license
force.
and the provision of ATM/ANS without delay.
Article 3
(11) Regulation (EC) No 736/2006 should therefore be
This Regulation shall enter into force on the first day following
amended accordingly.
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 February 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 373, 31.12.1991, p. 4.
( 2 ) OJ L 254, 20.9.2008, p. 1.
( 3 ) OJ L 143, 30.4.2004, p. 76.
( 4 ) OJ L 109, 19.4.2008, p. 17.

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