Reallocation of responsibility between a Member State (MS) and EASA
Two articles of the EASA Basic Regulation allow for the reallocation of responsibility for approvals and oversight between a Member State and the EASA:
- Article 64: Reallocation upon request of MS, and
- Article 65: Reallocation upon request of organisations, under conditions.
Under Article 64 a Member State may request EASA to carry out the tasks related to certification, oversight and enforcement referred to in Article 62(2) of the EASA Basic Regulating with respect to any or all:
- natural and legal persons,
- safety related aerodrome equipment,
- ATM/ANS systems and ATM/ANS constituents,
- flight simulation training devices, and
for which the Member State making the request is normally responsible under the EASA Basic Regulation, and the detailed rules adopted on the basis of that Regulation. Such reallocation takes place on a voluntary basis and can be reversed.
Once the Agency accepts such a request, it shall become the competent authority responsible for the tasks covered by that request. Additionally, the requesting Member State shall be relieved of its responsibility for such tasks under the EASA Basic Regulation and the detailed rules adopted on the basis of that Regulation.
Note: such reallocation may also take place between two Member States: i.e. a Member State may request another Member State to carry out certification, oversight and enforcement tasks.
Under Article 65, two cases are possible
- An organisation that already holds a certificate (e.g. Air Operator Certificate) or is eligible to apply for a certificate from one MS, but it has or intends to have a substantial proportion of facilities and personnel covered by that certificate located in one or more other Member States, may request that the Agency acts as the competent authority responsible for the tasks related to certification, oversight and enforcement with respect to that organisation.
- Such a request may also be made by two or more organisations forming part of a single business grouping, each having a principal place of business in a different Member State, and each already holding a certificate (e.g. Air Operator Certificate) or being eligible to apply for a certificate for the same type of aviation activity.
Due to the complexity of the process and the costs involved, the transfer of responsibility in accordance with Article 65 suits large and complex organisations at best. As an example of such transfer of responsibility, Wizzair and Luxaviation have received an EASA AOC.
AQE can provide support to:
- Explain Article 64 and/or Article 65, their conditions and implementation phases to NAAs, and to assist NAAs throughout all stages of such a reallocation of responsibility;
- Explain Article 65 to major organisations, addressing the pros and cons of such a transfer; the process and associated conditions of the transfer of responsibility; the available options; the international recognition aspects (e.g. BASA partners, ICAO); and the respective functions of EASA and of the NAAs such as, for an operator, clarification on State of Operator, State of Registry, security matters, and traffic rights etc.
Note: The transfer of responsibility to EASA can be a very sensitive issue. Any activity addressing this topic will always be conducted with a high level of confidentiality.