COMMISSION REGULATION (EC) No 1702/2003
of 24 September 2003
laying down implementing rules for the airworthiness and environmental certification of aircraft
and related products, parts and appliances, as well as for the certification of design and production
organisations
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Regulation (EC) No 1592/2002 of the
European Parliament and of the Council of 15 July 2002 on
common rules in the field of civil aviation and establishing a
European Aviation Safety Agency (
1
) (hereinafter referred to as
‘the basic Regulation’), as adapted by Regulation (EC) No 1701/
2003 (
2
), and in particular Articles 5 and 6 thereof,
Whereas:
(1)
The basic Regulation establishes common essential
requirements to provide for a high uniform level of civil
aviation safety and environmental protection; it requires
the Commission to adopt the necessary implementing
rules to ensure their uniform application; it establishes
the ‘European Aviation Safety Agency’ (hereinafter
referred to as the ‘Agency’) to assist the Commission in
the development of such implementing rules.
(2)
Existing aviation requirements in the field of airworthi-
ness as listed in Annex II to Council Regulation (EEC)
No 3922/91 (
3
), as last amended by Commission Regula-
tion (EC) No 2871/2000 (
4
), will be repealed as from 28
September 2003.
(3)
It is necessary to adopt common technical requirements
and administrative procedures to ensure the airworth i-
ness and environmental compatibility of aeronautical
products, parts and appliances, subject to the basic
Regulation; such requirements and procedures should
specify the conditions to issue, maintain, amend,
suspend or revoke the appropriate certificates.
(4)
Organisations involved in the design and production of
products, parts and appliances should be required to
comply with certain technical requirements in order to
demonstrate their capability and means to discharge
their obligations and associated privileges; the Commis-
sion is required to adopt measures to specify conditions
to issue, maintain, amend, suspend or revoke certificates
attesting such compliance.
(5)
In adopting measures for the implementation of
common essential requirements in the field of airworthi-
ness, the Commission must take care that they reflect
the state of the art and the best practices, take into
account worldwide aircraft experience and scientific and
technical progress and allow for immediate reaction to
established causes of accidents and serious incidents.
(6)
The need to ensure uniformity in the application of
common airworthiness and environmental requirements
for aeronautical products, parts and appliances requires
that common procedures be followed by the competent
authorities of the Member States and, where applicable,
the Agency to assess compliance with these require-
ments; the Agency should develop certification specifica-
tions and guidance material to facilitate the necessary
regulatory uniformity.
(7)
For this purpose, it is necessary to permit a smooth tran-
sition to the new regulatory framework of the Agency
ensuring that a high and uniform level of civil aviation
safety in the Community is maintained; it is necessary to
provide sufficient time for the aeronautical industry and
Member State administrations to adapt to this new
framework and to recognise the continuing validity of
certificates issued before the entry into force of this
Regulation, in accordance with Article 57 of the basic
Regulation.
(8)
The measures provided by this Regulation are based on
the opinion issued by the Agency (
5
) in accordance with
Articles 12(2)(b) and 14(1) of the basic Regulation.
(9)
The measures provided for in this Regulation are in
accordance with the opinion of the European Aviation
Safety Agency Committee established by Article 54(3) of
the basic Regulation,
27.9.2003
L 243/6
Official Journal of the European Union
EN
(
1
) OJ L 240, 7.9.2002, p. 1.
(
2
) See page 5 of this Official Journal.
(
3
) OJ L 373, 31.12.1991, p. 4.
(
4
) OJ L 333, 29.12.2000, p. 47.
(
5
) 1.9.2003.
