REPORTS
Incorrect application by Greece of EU aviation safety regulations – infringement: INFR(2023)2078
Each Member State of the European Union must fully apply EU law. The body responsible for identifying possible violations of EU law is the European Commission. Where a Member State does not apply EU law and breaches its obligations under the EU Treaties, the European Commission may open a formal infringement procedure under Articles 258 and 260 TFEU (see details on the infringement procedure here).
Firstly, Regulation (EU) 2018/1139 provides for the establishment of common rules in the field of civil aviation and the creation of a European Union Aviation Safety Agency to establish and maintain a high and uniform level of civil aviation safety in the EU.
Secondly, Regulation (EU) 965/2012 sets out the technical requirements and administrative procedures for flight operations. In particular, it lays down detailed operational rules for aeroplanes and helicopters, as well as for ramp inspections and detailed rules on the conditions for issuing, maintaining, amending, limiting, suspending or revoking the certificates of aircraft operators.
Finally, Regulation (EU) 139/2014 sets out the conditions for the establishment and notification to the applicant of the certification basis applicable to the airport. In addition, it sets out the conditions for issuing, maintaining, amending, suspending or revoking airport certificates and airport equipment certificates.
Investigations carried out by the European Aviation Safety Agency (EASA) revealed that the competent authority in Greece (CAA) did not carry out the necessary verifications of compliance as set out in Commission Regulation (EU) No 965/2012. In addition, 10 airports have been identified by the CAA and EASA as not duly certified in accordance with Regulation (EU) 2018/1139. Furthermore, Greece did not provide evidence that the required level of safety and interoperability with civil aviation systems has been achieved at four military airports open for public use.
Therefore, in the July infringements package, the Commission calls on Greece to comply with EU aviation safety rules, and has decided to send Greece a letter of formal notice, asking it to correct the shortcomings identified by the Commission.
More information on this procedure can be found on the European Commission’s website by entering INFR(2022)2110 in the “Infringement number” field.
The application of EU law is an obligation of the Member States of the European Union. If infringements of EU law are identified, the European Commission may take a series of actions against the Member State concerned to ensure the correct and full application of EU law by opening infringement proceedings under Articles 258 and 260 TFEU.
In this case, the European Commission sent a letter of formal notice, calling on Greece to comply with Regulation (EU) 2018/1139 and Regulation (EU) No 965/2012 (verification of compliance of air carriers and the conduct of civil aviation safety oversight activities) and Regulation (EU) No 139/2014 (certification of airports).
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