Easy Access Rules for Board of Appeal

(Regulation (EC) No 104/2004)

EASA eRules: aviation rules for the 21st century

Rules and regulations are the core of the European Union civil aviation system. The aim of the EASA
eRules project is to make them accessible in an efficient and reliable way to stakeholders.
EASA eRules will be a comprehensive, single system for the drafting, sharing and storing of rules. It
will be the single source for all aviation safety rules applicable to European airspace users. It will offer
easy (online) access to all rules and regulations as well as new and innovative applications such as
rulemaking process automation, stakeholder consultation, cross-referencing, and comparison with
ICAO and third countries’ standards.

To achieve these ambitious objectives, the EASA eRules project is structured in ten modules to cover
all aviation rules and innovative functionalities.
The EASA eRules system is developed and implemented in close cooperation with Member States and
aviation industry to ensure that all its capabilities are relevant and effective.

Published July 20201

Copyright notice
© European Union, 1998-2020
Except where otherwise stated, reuse of the EUR-Lex data for commercial or non-commercial purposes is authorised
provided the source is acknowledged ('© European Union, http://eur-lex.europa.eu/, 1998-2020') 2.

1 The published date represents the date when the consolidated version of the document was generated.
2 Euro-Lex, Important Legal Notice: http://eur-lex.europa.eu/content/legal-notice/legal-notice.html.

Powered by EASA eRules Page 2 of 10| Jul 2020

 Easy Access Rules for Board of Appeal Disclaimer
(Regulation (EC) No 104/2004)

DISCLAIMER
This version is issued by the European Union Aviation Safety Agency (referred to as both ‘EASA’ and
‘the Agency’) in order to provide its stakeholders with an updated, consolidated, and easy-to-read
publication. It has been prepared by putting together the officially published regulations (including
the amendments) adopted so far. However, this is not an official publication and EASA accepts no
liability for damage of any kind resulting from the risks inherent in the use of this document.

Powered by EASA eRules Page 3 of 10| Jul 2020

 Easy Access Rules for Board of Appeal Note from the editor
(Regulation (EC) No 104/2004)

NOTE FROM THE EDITOR

The content of this document is arranged as follows: the cover regulation (recitals and articles) of the
implementing rule (IR) appears first, followed by the IR annex points.
The cover regulation (i.e. recitals and articles) is colour-coded and can be identified according to the
illustration below. The Commission regulation through which the article was introduced is indicated
below each recital and article in italics.

Cover regulation article

Commission regulation

Implementing rule annex

Commission regulation

This document will be updated regularly to incorporate further amendments.

The format of this document has been adjusted to make it user-friendly and for reference purposes.
Any comments should be sent to [email protected].

Powered by EASA eRules Page 4 of 10| Jul 2020

 Easy Access Rules for Board of Appeal Incorporated amendments
(Regulation (EC) No 104/2004)

INCORPORATED AMENDMENTS
IMPLEMENTING RULES (IRS) (COMMISSION REGULATIONS)
Incorporated Commission Regulation Regulation amendment Applicability date1
Regulation (EC) No 104/2004 Initial issue 12/02/2004

Note: To access the official source documents, please use the links provided above.

1 This date is the earliest applicability date for this regulation. Some provisions of the regulation may be applicable at a later date. Besides,
there may be some opt-out filed by the Member States.

Powered by EASA eRules Page 5 of 10| Jul 2020

 Easy Access Rules for Board of Appeal Table of contents
(Regulation (EC) No 104/2004)

TABLE OF CONTENTS
Disclaimer ...................................................................................... 3
Note from the editor ...................................................................... 4
Incorporated amendments ............................................................. 5
Table of contents ........................................................................... 6
Cover Regulation............................................................................ 7
Article 1 — The number of boards ............................................................................................... 8
Article 2 — Qualifications of the members .................................................................................. 8
Article 3 — Powers of the Chairperson ........................................................................................ 8
Article 4 — Role of the rapporteurs ............................................................................................. 8
Article 5 — Registry attached to the Board of Appeal ................................................................. 9
Article 6 — Deliberations.............................................................................................................. 9
Article 7 — Voting conditions and order ...................................................................................... 9
Article 8 — Entry into force .......................................................................................................... 9

ANNEX ..................................................................................... 10
LIST OF DISCIPLINES .................................................................................................................... 10

Powered by EASA eRules Page 6 of 10| Jul 2020

 Easy Access Rules for Board of Appeal Cover Regulation
(Regulation (EC) No 104/2004)

COVER REGULATION
COMMISSION REGULATION (EC) No 104/2004 of 22 January 2004 laying down rules on the organisation and
composition of the Board of Appeal of the European Aviation Safety Agency

Regulation (EC) No 104/2004

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), as last amended by Commission Regulation (EC) No 1701/2003 (2), and in particular
Article 31(3) and Article 32(5) thereof,
Whereas:
(1) Regulation (EC) No 1592/2002 gives power to the European Aviation Safety Agency (the Agency)
to take individual decisions in the fields of airworthiness and environmental certification,
investigation of undertakings, payment of applicable fees and charges; it also establishes a
Board of Appeal before which such individual decisions of the Agency may be appealed against.
(2) Articles 31 and 32 of Regulation (EC) No 1592/2002 empower the Commission to adopt detailed
rules concerning the number of boards of appeal, the work allocation, the qualifications
required for the members of each board and the powers of individual members in the
preparatory phase of the decisions as well as the voting conditions.
(3) It is expected that the number of appeals will be quite limited at least as long as Regulation (EC)
No 1592/2002 is not amended to extend its scope to flight operations and crew licensing.
(4) The Board will examine matters for which a high level general technical experience in the
domain of certification is mainly required; it is nevertheless necessary that the Board is chaired
by a legally qualified member with recognised experience in Community and international law.
This member should be the Chairperson.
(5) To facilitate the handling and disposal of appeals, a rapporteur should be designated for each
case, who should be responsible inter alia for preparing communications with the parties and
for drafting decisions.
(6) To ensure the smooth and efficient operating of the Board of Appeal, a registry should be
attached to it, the personnel of which will be in charge of all support functions involving no legal
or technical discretion.
(7) The measures provided for in this Regulation are in accordance with the opinion of the
Committee established under Article 54(3) of Regulation (EC) No 1592/2002,

HAS ADOPTED THIS REGULATION:

1 OJ L 240, 7.9.2002, p. 1.
2 OJ L 243, 27.9.2003, p. 5.

Powered by EASA eRules Page 7 of 10| Jul 2020

 Easy Access Rules for Board of Appeal Cover Regulation
(Regulation (EC) No 104/2004)

Article 1 — The number of boards

Regulation (EC) No 104/2004

For the purpose of deciding on appeals from the decisions referred to in Article 35 of Regulation (EC)
No 1592/2002 a Board of Appeal is established.

Article 2 — Qualifications of the members

Regulation (EC) No 104/2004

1. The Board of Appeal shall consist of two technically qualified members and one legally qualified
member which shall be the Chairperson of the Board.
2. The technically qualified members and their alternates shall hold a university degree or an
equivalent qualification and shall have substantial professional experience in the field of
certification, in one or more of the disciplines set out in the Annex to this Regulation.
3. The legally qualified member and his alternate shall be a graduate in law and qualified by
recognised experience in Community and international law.

Article 3 — Powers of the Chairperson

Regulation (EC) No 104/2004

1. The Board of Appeal shall be convened by its Chairperson. The Chairperson shall ensure the
quality and consistency of the Board’s decisions.
2. The Chairperson shall assign the examination of an appeal to one of the Board’s members as
rapporteur.

Article 4 — Role of the rapporteurs

Regulation (EC) No 104/2004

1. The rapporteur shall carry out a preliminary study of the appeal.

2. The rapporteur shall ensure a close consultation and exchange of information with the parties
to the proceedings. For that purpose, the rapporteur shall:
(a) prepare communications to the parties subject to the direction of the Chairperson of the
Board;
(b) communicate any deficiencies to be remedied by a party to the proceedings;
(c) set appropriate procedural time limits in accordance with Article 39(2) of Regulation (EC)
No 1592/2002; and
(d) sign all communications on behalf of the Board.
4. The rapporteur shall prepare internal meetings of the Board and the oral proceedings.
5. The rapporteur shall draft the decision.

Powered by EASA eRules Page 8 of 10| Jul 2020

 Easy Access Rules for Board of Appeal Cover Regulation
(Regulation (EC) No 104/2004)

Article 5 — Registry attached to the Board of Appeal

Regulation (EC) No 104/2004

1. The Executive Director shall attach a registry to the Board of Appeal. Personnel in charge of the
registry shall not participate in any Agency proceedings relating to decisions that can be brought
under appeal.
2. The personnel of the registry shall in particular be responsible for:
(a) the keeping of a register initialled by the Chairperson in which all appeals and supporting
documents are lodged in chronological order;
(b) the receipt, transmission and custody of documents;
(c) the performance of other support functions to the Board of Appeal which involve no legal
or technical discretion, particularly with regard to representation, the submission of
translations and notifications;
(d) the submission to the Chairperson of the Board of a report on the formal admissibility of
each newly-filed appeal;
(e) where necessary, drawing up the minutes of oral proceedings.

Article 6 — Deliberations
Regulation (EC) No 104/2004

1. Only members of the Board shall participate in the deliberations; the Chairperson of the Board
may, however, authorise other officers such as personnel of the registry or interpreters to
attend. Deliberations shall be secret.
2. During the deliberations between members of the Board, the opinion of the rapporteur shall be
heard first and the Chairperson last.

Article 7 — Voting conditions and order

Regulation (EC) No 104/2004

1. Decisions of the Board of Appeal shall be taken by a majority of its members. In the event of a
tie, the vote of the Chairperson of the Board shall be decisive.
2. If voting is necessary, votes shall be taken in the sequence provided for in Article 6(2).
Abstentions shall not be permitted.

Article 8 — Entry into force

Regulation (EC) No 104/2004

This Regulation shall enter into force on the 20th day following that of 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, 22 January 2004.
For the Commission
Loyola DE PALACIO
Vice-President

Powered by EASA eRules Page 9 of 10| Jul 2020

 Easy Access Rules for Board of Appeal ANNEX
(Regulation (EC) No 104/2004)

ANNEX
LIST OF DISCIPLINES
Regulation (EC) No 104/2004

1. The following technical disciplines:

(i) flight/performance
(ii) structure
(iii) hydromechanical systems
(iv) rotor/transmission systems
(v) electrical/HIRF/lightning
(vi) avionics/software
(vii) powerplant installation/fuel systems
(viii) cabin safety/environmental systems
(ix) noise/emissions
(x) continued airworthiness/airworthiness directives as applied to the following products,
their parts and appliances:
(a) large aeroplanes
(b) rotorcraft
(c) small aeroplanes
(d) balloons/airships/gliders/UAV’s
(e) engines/APUs/propellers.
2. Approvals of and quality systems associated with:
(i) design organisations
(ii) production organisations
(iii) maintenance organisations.

Powered by EASA eRules Page 10 of 10| Jul 2020