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18.10.2011 Official
Journal
of
the
European
Union L
271/15
COMMISSION IMPLEMENTING REGULATION (EU) No 1034/2011
of 17 October 2011
on safety oversight in air traffic management and air navigation services and amending Regulation
(EU) No 691/2010
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
550/2004, and (EC) No 552/2004 of the European
Parliament and of the Council of 10 March 2004 on
the interoperability of the European Air Traffic
Having regard to the Treaty on the Functioning of the European
Management network (‘the interoperability Regu
Union,
lation’) ( 6 ). These regulations include requirements on
the safety of air navigation services. While providers
are responsible for the safe provision of air navigation
Having regard to Regulation (EC) No 550/2004 of the European
services, Member States should ensure effective super
Parliament and of the Council of 10 March 2004 on the
vision through competent authorities.
provision of air navigation services in the single European sky
(‘the service provision Regulation’) ( 1 ), and in particular Article 4
thereof,
(3) This
Regulation
should
not
cover
military
operations
and
training, as provided for in Article 1(2) of Regulation
Having regard to Regulation (EC) No 551/2004 of the European
(EC) No 549/2004 and Article 1(2)(c) of Regulation
Parliament and of the Council of 10 March 2004 on the organi
(EC) No 216/2008.
sation and use of the airspace in the single European sky (‘the
airspace Regulation’) ( 2 ), and in particular Article 6 thereof,
(4) Competent
authorities
should
conduct
safety
regulatory
Having regard to Regulation (EC) No 216/2008 of the European
audits and reviews in accordance with this Regulation as
Parliament and of the Council of 20 February 2008 on
part of the proper inspections and surveys required by
common rules in the field of civil aviation and establishing a
Regulations (EC) No 216/2008 and (EC) No 550/2004.
European Aviation Safety Agency, and repealing Council
Directive 91/670/EEC, Regulation (EC) No 1592/2002 and
Directive 2004/36/EC ( 3 ), and in particular Article 8b thereof,
(5) Competent
authorities
should
consider
using
the
safety
oversight approach of this Regulation in other areas of
oversight as appropriate in order to deliver efficient and
Whereas:
coherent supervision.
(1) Pursuant
to
Regulation
(EC)
No
216/2008,
the
Commission, assisted by the European Aviation Safety
(6) Air navigation services, as well as air traffic flow
Agency (‘the Agency’), is required to adopt the relevant
management (ATFM) and airspace management (ASM),
implementing rules to provide a set of safety regulatory
use functional systems that enable the management of
requirements for the implementation of an effective air
air traffic. Therefore any changes to functional systems
traffic management (ATM) safety oversight function.
should be subject to a safety oversight.
Article 8b of Regulation (EC) No 216/2008 requires
these implementing rules to be developed based on the
regulations adopted pursuant to Article 5(3) of Regu
lation (EC) No 549/2004 of the European Parliament
(7) Competent
authorities
should
take
all
necessary
measures
and of the Council of 10 March 2004 laying down the
in case a system or a constituent of a system does not
framework for the creation of the single European sky
comply with the relevant requirements. In this context,
(‘the framework Regulation’) (
and in particular when a safety directive has to be issued,

4 ). This Regulation is based
on Commission Regulation (EC) No 1315/2007 of
the competent authority should consider instructing the
8 November 2007 on safety oversight in air traffic
notified bodies involved in issuing the Declaration
management and amending Regulation (EC) No
referred to in Article 5 or 6 of Regulation (EC) No
2096/2005 (
552/2004 to conduct specific investigations with regard

5 ).
to that technical system.
(2)
There is a need to further define the role and functions of
competent authorities based on the provisions of Regu
(8) Annual
safety
oversight
reporting
by
competent
lations (EC) No 216/2008, (EC) No 549/2004, (EC) No
authorities should contribute to the transparency and
accountability of safety oversight. Such reports should
( 1 ) OJ L 96, 31.3.2004, p. 10.
be addressed to the Commission, the Agency and the
( 2 ) OJ L 96, 31.3.2004, p. 20.
Member State nominating or establishing the
( 3 ) OJ L 79, 19.3.2008, p. 1.
( 4 ) OJ L 96, 31.3.2004, p. 1.
( 5 ) OJ L 291, 9.11.2007, p. 16.
( 6 ) OJ L 96, 31.3.2004, p. 26.

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L 271/16
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Official Journal of the European Union
18.10.2011
competent authority. Furthermore, annual safety
(12) In
its
recommendations
of
July
2007,
the
High
Level
oversight reports should be used in the context of
Group for the Future European Aviation Regulatory
regional cooperation, standardisation inspections under
Framework highlighted the need to separate regulatory
Regulation (EC) No 216/2008 and international safety
oversight from the provision of services or functions.
oversight monitoring. The content of the reports
In line with this principle, Article 6 of Regulation (EC)
should include relevant information with regard to the
No 551/2004 provides that the entity nominated to
monitoring of safety performance, compliance with
perform the network functions needs to be subject to
applicable safety regulatory requirements by supervised
appropriate oversight arrangements. Since the Agency
organisations, the programme of safety regulatory
already carries out the independent safety oversight
audits, the review of the safety arguments, changes to
function of the pan-European ATM/ANS providers in
functional systems implemented by supervised organi
accordance with Article 22a of Regulation (EC) No
sations in accordance with procedures accepted by the
216/2008, it would be fully in line with the European
competent authority and safety directives issued by such
aviation safety policy to entrust it with supporting the
authority.
Commission in performing the same tasks concerning
the European network functions.
(9) Pursuant
to
Article
10(1)
of
Regulation
(EC)
No (13) Regulation (EC) No 1315/2007 should therefore be
216/2008 and Article 2(4) of Regulation (EC) No
repealed.
550/2004, competent authorities should make appro
priate arrangements for close cooperation with each
other to ensure adequate supervision of air navigation
(14) Commission
Regulation
(EU)
No
691/2010
of
29
July
service providers which provide services relating to the
2010 laying down a performance scheme for air navi
airspace falling under the responsibility of a Member
gation services and network functions and amending
State different from the Member State which issued the
Regulation (EC) No 2096/2005 ( 3 ) should be amended
certificate. Pursuant to Article 15 of Regulation (EC) No
in order to be adapted to this Regulation.
216/2008, competent authorities should exchange in
particular appropriate information about the safety
oversight of organisations.
(15) The
measures
provided
for
in
this
Regulation
are
in

accordance with the opinion of the Single Sky
Committee,
(10) The
Agency
should
further
evaluate
the
provisions
of
this
Regulation, in particular those related to the safety
HAS ADOPTED THIS REGULATION:
oversight of changes, and issue an opinion to adapt
such changes towards a total system approach, taking
Article 1
into account the integration of these provisions into
the future common regulatory structure for civil
Subject matter and scope
aviation safety and the experience gained by stakeholders
and competent authorities. The Agency’s opinion should
1. This
Regulation
establishes
requirements
to
be
applied
to
further aim at facilitating the implementation of the State
the exercise of the safety oversight function by competent
Safety Programme (SSP) of the International Civil
authorities concerning air navigation services, air traffic flow
Aviation Organisation (ICAO) within the Union as part
management (ATFM), airspace management (ASM) for general
of this total system approach.
air traffic and other network functions.

2. This
Regulation
shall
apply
to
the
activities
of
competent
(11) The safe execution of some of the network functions set
authorities and qualified entities acting on their behalf regarding
up according to Regulation (EC) No 551/2004 requires
the safety oversight of air navigation services, ATFM, ASM and
that the entity involved should be subject to certain
other network functions.
safety requirements. These requirements, which aim to
ensure that such entity or organisation operates in a
Article 2
safe manner, are laid down in Commission Regulation
(EU) No 677/2011 of 7 July 2011 laying down detailed
Definitions
rules for the implementation of air traffic management
(ATM) network functions and amending Regulation (EU)
For the purposes of this Regulation, the definitions in Article 2
No 691/2010
(
of Regulation (EC) No 549/2004 and Article 3 of Regulation

1 ). These are organisation safety
requirements which are very similar to those general
(EC) No 216/2008 apply. However, the definition of ‘certificate’
requirements laid down in Commission Implementing
in Article 2(15) of Regulation (EC) No 549/2004 does not
Regulation (EU) No 1035/2011 (
apply.

2 ), but adapted to the
safety responsibilities of the network functions. In order
to support a total system approach for safety regulation
The following definitions also apply:
in the field of civil aviation, the execution of these
requirements needs to be overseen in the same manner
as air navigation service providers are overseen.
(1) ‘corrective action’ means an action to eliminate the cause
of a detected non-conformity;
( 1 ) OJ L 185, 15.7.2011, p. 1.
( 2 ) See page 23 of this Official Journal.
( 3 ) OJ L 201, 3.8.2010, p. 1.

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(2) ‘functional system’ means a combination of systems,
(13) ‘verification’ means confirmation through the provision of
procedures and human resources organised to perform a
objective evidence that specified requirements have been
function within the context of ATM;
fulfilled;
(3) ‘Network Manager’ means the impartial and competent
(14) ‘pan-European ATM/ANS’ means an activity which is
body entrusted pursuant to Article 6(2) or (6) of Regu
designed and established for users within most or all
lation (EC) No 551/2004 to perform the duties described
Member States and which may also extend beyond the
in that Article and this Regulation;
airspace of the territory to which the Treaty applies.
(4) ‘network functions’ means the specific functions described
Article 3
in Article 6 of Regulation (EC) No 551/2004;
Competent authorities for oversight
For the purpose of this Regulation and without prejudice to the
(5) ‘organisation’ means either an air navigation service
mutual recognition of air navigation service providers
provider or an entity providing ATFM or ASM or other
certificates in accordance with Article 7(8) of Regulation (EC)
network functions;
No 550/2004 and Article 11 of Regulation (EC) No 216/2008,
competent authorities for oversight shall be:
(6) ‘process’ means a set of interrelated or interacting activities
which transforms inputs into outputs;
(a) for organisations having their principal place of operation
and, if any, their registered office located in a Member State
while providing air navigation services in the territory of
(7) ‘safety argument’ means the demonstration and evidence
that Member State, the national supervisory authority
that a proposed change to a functional system can be
nominated or established by that Member State;
implemented within the targets or standards established
through the existing regulatory framework consistently
with the safety regulatory requirements;
(b) for organisations for which under the agreements concluded
among Member States in accordance with Article 2 of Regu
lation (EC) No 550/2004, the responsibilities for safety
(8) ‘safety directive’ means a document issued or adopted by a
oversight have been allocated differently from point (a),
competent authority which mandates actions to be
the competent authorities nominated or established under
performed on a functional system to restore safety,
those agreements. These agreements shall comply with the
when evidence shows that aviation safety may otherwise
requirements of Article 2(3) to (6) of Regulation (EC) No
be compromised;
550/2004;
(c) for organisations providing ATM/air navigation services in
(9) ‘safety objective’ means a qualitative or quantitative
the airspace of the territory to which the Treaty applies and
statement that defines the maximum frequency or prob
having their principal place of operation and, if any, their
ability at which a hazard can be expected to occur;
registered office located outside the territory subject to the
provisions of the Treaty, the European Aviation Safety
(10) ‘safety regulatory audit’ means a systematic and inde
Agency (‘the Agency’);
pendent examination conducted by, or on behalf of, a
competent authority to determine whether complete
(d) for organisations providing pan-European ATM/ANS as well
safety-related arrangements or elements thereof, related
as for all other network functions in the airspace of the
to processes and their results, products or services,
territory to which the Treaty applies, the Agency.
comply with required safety-related arrangements and
whether they are implemented effectively and are suitable
to achieve expected results;
Article 4
Safety oversight function
(11) ‘safety regulatory requirements’ means the requirements
1. Competent
authorities
shall
exercise
safety
oversight
as
established by the Union or national regulations for the
part of their supervision of requirements applicable to air navi
provision of air navigation services or ATFM and ASM
gation services as well as to ATFM, ASM and other network
functions or other network functions as well as concerning
functions, in order to monitor the safe provision of these
the technical and operational competence and suitability to
activities and to verify that the applicable safety regulatory
provide these services and functions, their safety
requirements and their implementing arrangements are met.
management, as well as systems, their constituents and
associated procedures;
2. When
concluding
an
agreement
on
the
supervision
of
organisations active in functional airspace blocks which
(12) ‘safety requirement’ means a risk mitigation, defined from
extend across the airspace falling under the responsibility of
the risk mitigation strategy that achieves a particular safety
more than one Member State or in cases of cross-border
objective, including organisational, operational, procedural,
provision, Member States concerned shall identify and allocate
functional, performance and interoperability requirements
the responsibilities for safety oversight in a manner which
or environmental characteristics;
ensures that:

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L 271/18
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Official Journal of the European Union
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(a) specific points of responsibility exist to implement each
(ii) risk assessment and mitigation procedures required by
provision of this Regulation;
safety regulatory requirements applicable to air navi
gation services, ATFM, ASM and the Network Manager;
(b) Member States have visibility of the safety oversight
mechanisms and their results;
(e) the implementation of safety directives.
2. The
process
referred
to
in
paragraph
1
shall:
(c) relevant information exchange is ensured between the over
seeing authorities and the certifying authority.
(a) be based on documented procedures;
Member States shall regularly review the agreement and its
(b) be supported by documentation specifically intended to
practical implementation in particular in the light of achieved
provide safety oversight personnel with guidance to
safety performance.
perform their functions;
3. When
concluding
an
agreement
on
the
supervision
of (c) provide the organisations concerned with an indication of
organisations active in functional airspace blocks or in cross-
the results of the safety oversight activity;
border activities in which the Agency is the competent authority
for at least one of the organisations in accordance with
(d) be based on safety regulatory audits and reviews conducted
Article 3(b), the Member States concerned shall coordinate
in accordance with Articles 7, 9 and 10;
with the Agency so as to ensure that points (a), (b) and (c) of
paragraph 2 are met.
(e) provide competent authorities with the evidence needed to
support further action, including measures foreseen by
Article 5
Article 9 of Regulation (EC) No 549/2004, Article 7(7) of
Regulation (EC) No 550/2004 and by Articles 10, 25 and
Monitoring of safety performance
68 of Regulation (EC) No 216/2008 in situations where
1. Competent
authorities
shall
provide
regular
monitoring
safety regulatory requirements are not being complied with.
and assessment of the levels of safety achieved in order to
determine whether they comply with the safety regulatory
Article 7
requirements applicable in the airspace blocks under their
Safety regulatory audits
responsibility.
1. Competent authorities, or qualified entities as delegated by
2. Competent authorities shall use the results of the moni
them shall conduct safety regulatory audits.
toring of safety in particular to determine areas in which the
verification of compliance with safety regulatory requirements is
2. The
safety
regulatory
audits
referred
to
in
paragraph
1
necessary as a matter of priority.
shall:
(a) provide competent authorities with evidence of compliance
Article 6
with applicable safety regulatory requirements and with
Verification of compliance with safety regulatory
implementing arrangements by evaluating the need for
requirements
improvement or corrective action;
1. Competent
authorities
shall
establish
a
process
in
order
to
(b) be independent of internal auditing activities undertaken by
verify:
the organisation concerned as part of its safety or quality
management systems;
(a) compliance with applicable safety regulatory requirements
prior to the issue or renewal of a certificate necessary to
(c) be conducted by auditors qualified in accordance with the
provide air navigation services including safety-related
requirements of Article 12;
conditions attached to it;
(d) apply to complete implementing arrangements or elements
(b) compliance with any safety-related obligations in the desig
thereof, and to processes, products or services;
nation act issued in accordance with Article 8 of Regulation
(EC) No 550/2004;
(e) determine whether:
(i) implementing arrangements comply with safety regu
(c) ongoing compliance of the organisations with applicable
latory requirements;
safety regulatory requirements;
(ii) actions taken comply with the implementing
(d) implementation of safety objectives, safety requirements and
arrangements;
other safety-related conditions identified in:
(iii) the results of actions taken match the results expected
(i) declarations of verification of systems, including any
from the implementing arrangements;
relevant declaration of conformity or suitability for use
of constituents of systems issued in accordance with
(f) lead to the correction of any identified non-conformities in
Regulation (EC) No 552/2004;
accordance with Article 8.

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3. Within
the
inspection
programme
required
by
Article
8
of 4. Audited
organisations
shall
initiate
the
corrective
actions
Implementing Regulation (EU) No 1035/2011, competent
accepted by competent authorities. These corrective actions and
authorities shall establish and update at least annually a
the subsequent follow-up process shall be completed within the
programme of safety regulatory audits in order to:
time period accepted by competent authorities.
(a) cover all the areas of potential safety concern, with a focus
Article 9
on those areas where problems have been identified;
Safety oversight of changes to functional systems
1. Organisations
shall
only
use
procedures
accepted
by
the
(b) cover all the organisations, services and network functions
relevant competent authority when deciding whether to
operating under the supervision of the competent authority;
introduce a safety-related change to their functional systems.
In case of air traffic service providers and communication, navi
(c) ensure that audits are conducted in a manner commensurate
gation or surveillance service providers, the relevant competent
to the level of risk posed by the organisations’ activities;
authority shall accept these procedures in the framework of
Implementing Regulation (EU) No 1035/2011.
(d) ensure that sufficient audits are conducted over a period of
2 years to check the compliance of all these organisations
2. Organisations shall notify the relevant competent
with applicable safety regulatory requirements in all the
authority of all planned safety-related changes. To this effect,
relevant areas of the functional system;
competent authorities shall establish appropriate administrative
procedures in accordance with national law.
(e) ensure follow up of the implementation of corrective
actions.
3. Unless
Article
10
applies,
organisations
may
implement
notified changes following the procedures referred to in
paragraph 1 of this Article.
4. Competent
authorities
may
decide
to
modify
the
scope
of
pre-planned audits and to include additional audits, wherever
that need arises.
Article 10
Review procedure of the proposed changes
5. Competent
authorities
shall
decide
which
arrangements, 1. Competent
authorities
shall
review
the
safety
arguments
elements, services, functions, products, physical locations and
associated with new functional systems or changes to existing
activities are to be audited within a specified time frame.
functional systems proposed by an organisation when:
6. Audit
observations
and
identified
non-conformities
shall (a) the severity assessment conducted in accordance with
be documented. The latter shall be supported by evidence, and
Annex II, point 3.2.4 of Implementing Regulation (EU)
identified in terms of the applicable safety regulatory
No 1035/2011 determines a severity class 1 or a severity
requirements and their implementing arrangements against
class 2 for the potential effects of the hazards identified; or
which the audit has been conducted.
(b) the implementation of the changes requires the introduction
7. An
audit
report,
including
the
details
of
the
non-
of new aviation standards.
conformities, shall be drawn up.
When competent authorities determine the need for a review in
Article 8
situations other than those referred to in points (a) and (b), they
Corrective actions
shall notify the organisation that they will undertake a safety
review of the notified changes.
1. Competent
authorities
shall
communicate
the
audit
findings to audited organisations and shall simultaneously
request corrective actions to address the non-conformities
2. Reviews
shall
be
conducted
in
a
manner
commensurate
identified without prejudice to any additional action required
with the level of risk posed by the new functional systems or by
by the applicable safety regulatory requirements.
the proposed changes to existing functional systems.
2. Audited
organisations
shall
determine
the
corrective Reviews shall:
actions deemed necessary to correct non-conformities and the
time frame for their implementation.
(a) use documented procedures;
3. Competent
authorities
shall
assess
the
corrective
actions
as
well as their implementation as determined by audited organi
(b) be supported by documentation specifically intended to
sations and accept them if the assessment concludes that they
provide safety oversight personnel with guidance to
are sufficient to address the non-conformities.
perform their functions;

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(c) consider the safety objectives, safety requirements and other
reviews in accordance with this Regulation, it shall ensure that
safety-related conditions that are related to the changes
the criteria used to select an entity amongst those qualified in
under consideration identified in:
accordance with Article 3 of Regulation (EC) No 550/2004 and
Article 13 of Regulation (EC) No 216/2008 include the
(i) declarations of verification of systems referred to in
following:
Article 6 of Regulation (EC) No 552/2004;
(ii) declarations of conformity or suitability for use of
(a) the qualified entity has prior experience in assessing safety
constituents of systems referred to in Article 5 of Regu
in aviation entities;
lation (EC) No 552/2004; or
(iii) risk assessment and mitigation documentation estab
(b) the qualified entity is not simultaneously involved in
lished in accordance with applicable safety regulatory
internal activities within the safety or quality management
requirements;
systems of the organisation concerned;
(d) identify additional safety-related conditions associated to the
implementation of the changes, wherever needed;
(c) all personnel concerned with the conduct of safety regu
latory audits or reviews are adequately trained and
(e) assess the acceptability of safety arguments presented, taking
qualified and meet the qualification criteria of
account of:
Article 12(3) of this Regulation.
(i) the identification of hazards;
2. The
qualified
entity
shall
accept
the
possibility
of
being
(ii) the consistency of the allocation of severity classes;
audited by the competent authority or any body acting on its
behalf.
(iii) the validity of the safety objectives;
3. Competent
authorities
shall
maintain
a
record
of
the
(iv) the validity, effectiveness and feasibility of safety
qualified entities commissioned to conduct safety regulatory
requirements and any other safety-related conditions
audits or reviews on their behalf. Such records shall
identified;
document compliance with the requirements contained in
paragraph 1.
(v) the demonstration that the safety objectives, safety
requirements and other safety-related conditions are
continuously met;
Article 12
(vi) the demonstration that the process used to produce the
Safety Oversight capabilities
safety arguments meets the applicable safety regulatory
1. Member
States
and
the
Commission
shall
ensure
that
requirements;
competent authorities have the necessary capability to ensure
the safety oversight of all organisations operating under their
(f) verify the processes used by organisations to produce the
supervision, including sufficient resources to carry out the
safety arguments in relation to the new functional system or
actions identified in this Regulation.
changes to existing functional systems under consideration;
(g) identify the need for the verification of ongoing compliance;
2. Competent
authorities
shall
produce
and
update
every
2
years, an assessment of the human resources needed to perform
(h) include any necessary coordination activities with the
their safety oversight functions, based on the analysis of the
authorities responsible for the safety oversight of
processes required by this Regulation and their application.
airworthiness and flight operations;
(i) provide notification of the acceptance, with conditions
3. Competent
authorities
shall
ensure
that
all
persons
where applicable, or the non-acceptance, with supporting
involved in safety oversight activities are competent to
reasons, of the change under consideration.
perform the required function. In that regard they shall:
3. The
introduction
into
service
of
the
changes
under
consideration in the review shall be subject to acceptance by
(a) define and document the education, training, technical and
competent authorities.
operational knowledge, experience and qualifications
relevant to the duties of each position involved in safety
Article 11
oversight activities within their structure;
Qualified entities
1. When a competent authority decides to delegate to a
(b) ensure specific training for those involved in safety oversight
qualified entity the conduct of safety regulatory audits or
activities within their structure;

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(c) ensure that personnel designated to conduct safety regu
Article 15
latory audits, including auditing personnel from qualified
entities, meet specific qualification criteria defined by the
Safety oversight reporting
competent authority. The criteria shall address:
1. Competent
authorities
shall
report
annually
on
safety
oversight actions pursuant to this Regulation. The annual
(i) the knowledge and understanding of the requirements
safety oversight report shall also include information on the
related to air navigation services, ATFM, ASM and other
following:
network functions against which safety regulatory
(a) organisational structure and procedures of the competent
audits may be performed;
authority;
(b) airspace falling under the responsibility of Member States
(ii) the use of assessment techniques;
which established or nominated the competent authority, if
applicable, and organisations falling under the supervision
(iii) the skills required for managing an audit;
of that competent authority;
(c) qualified entities commissioned to conduct safety regulatory
(iv) the demonstration of competence of auditors through
audits;
evaluation or other acceptable means.
(d) existing levels of resources of the competent authority;
Article 13
(e) any safety issues identified through the safety oversight
processes operated by the competent authority.
Safety directives
2. Member
States
shall
use
the
reports
produced
by
their
1. Competent
authorities
shall
issue
a
safety
directive
when competent authorities when submitting their annual reports to
they have determined the existence of an unsafe condition in a
the Commission as required by Article 12 of Regulation (EC)
functional system requiring immediate action.
No 549/2004.
The annual safety oversight reports shall be made available to
2. Safety
directives
shall
be
forwarded
to
the
organisations the Member States concerned in the case of functional airspace
concerned and contain, as a minimum, the following
blocks, to the Agency and to the programmes or activities
information:
conducted under agreed international arrangements to
monitor or audit the implementation of the safety oversight
(a) the identification of the unsafe condition;
of air navigation services, ATFM, ASM and other network
functions.
(b) the identification of the affected functional system;
Article 16
Information exchange between competent authorities
(c) the actions required and their rationale;
Competent authorities shall make arrangements for close coop
eration in accordance with Articles 10 and 15 of Regulation
(EC) No 216/2008 and Article 2(4) of Regulation (EC) No
(d) the time limit for compliance of the required actions with
550/2004 and exchange any appropriate information to
the safety directive;
ensure the safety oversight of all organisations providing
cross-border services or functions.
(e) its date of entry into force.
Article 17
Transitional provisions
3. Competent
authorities
shall
forward
a
copy
of
the
safety
directive to the Agency and any other competent authorities
1. Actions initiated before the entry into force of this Regu
concerned, in particular those involved in the safety oversight
lation on the basis of Regulation (EC) No 1315/2007 shall be
of the functional system, and to the Commission.
managed in accordance with this Regulation.
2. The
authority
of
a
Member
State
which
has
had
the
4. Competent
authorities
shall
verify
the
compliance
with responsibility for the safety oversight of organisations for
applicable safety directives.
which the Agency is the competent authority in accordance
with Article 3 shall transfer to the Agency the safety
oversight function of these organisations 12 months after the
Article 14
date of entry into force of this Regulation, except in the case of
Safety oversight records
the safety oversight of the Network Manager where the transfer,
if any, to the Commission, assisted by the Agency, shall be
Competent authorities shall keep and maintain access to the
made on the date of entry into force of this Regulation.
appropriate records related to their safety oversight processes,
including the reports of all safety regulatory audits and other
Article 18
safety-related records related to certificates, designations, the
Repeal
safety oversight of changes, safety directives and the use of
qualified entities.
Regulation (EC) No 1315/2007 is repealed.

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L 271/22
EN
Official Journal of the European Union
18.10.2011
Article 19
Amendment to Regulation (EU) No 691/2010
In Annex IV to Regulation (EU) No 691/2010, point 1.1(e) is replaced by the following:
‘(e) NSA safety reports as referred to in Articles 7, 8 and 14 of Commission Implementing Regulation
(EU) No 1034/2011 (*) as well as NSA reports on resolution of safety deficiencies identified that
are subject to corrective action plans;
___________
(*) OJ L 271, 18.10.2011, p. 15.’
Article 20
Entry into force
This Regulation shall enter into force on the 20th day following 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, 17 October 2011.
For the Commission
The President
José Manuel BARROSO

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