Article 76 - Agency measures

• Regulation (EU) 2018/1139 found in: Basic Regulation EU 2018/1139 (Jan 2023)

##### Article 76 – Agency measures Regulation (EU) 2018/1139 1. The Agency shall, upon request, assist the Commission in the preparation of proposals for amendments to this Regulation and of delegated and implementing acts to be adopted on the basis of this Regulation, in accordance with the principles laid down in [Article 4](#_DxCrossRefBm1884563521). The documents that the Agency submits to the Commission for those purposes shall take the form of opinions. 2. The Agency shall issue recommendations addressed to the Commission for the application of Articles 70 and 71. 3. The Agency shall, in accordance with [Article 115](#_DxCrossRefBm1884563632) and with the applicable delegated and implementing acts adopted on the basis of this Regulation, issue certification specifications and other detailed specifications, acceptable means of compliance and guidance material for the application of this Regulation and of the delegated and implementing acts adopted on the basis thereof. 4. The Agency shall take the appropriate decisions for the application of paragraph 6 of this Article, Articles 77 to 83, 85 and 126 and where tasks have been allocated to it pursuant to Articles 64 and 65. The Agency may grant exemptions to any legal or natural person to whom it has issued a certificate in the situations and subject to the conditions set out in [Article 71(1)](#_DxCrossRefBm1884563625). In such a case, the Agency shall immediately notify the Commission and the Member States, through the repository established under [Article 74](#_DxCrossRefBm1884563516), of the exemptions granted, the reasons for granting them and, where applicable, the necessary mitigation measures applied. Where an exemption was granted for a duration that exceeds eight consecutive months or where the Agency has granted the same exemption repetitively and its total duration exceeds eight months, the Commission shall assess whether the conditions set out in Article 71(1) have been met. Where it considers that this is not the case, the Commission shall adopt implementing acts containing its decision to that effect. Those implementing acts shall be published in the *Official Journal of the European Union* and entered by the Agency into the repository established under [Article 74](#_DxCrossRefBm1884563516). The Agency shall immediately revoke the exemption upon the notification of that implementing act. 5. The Agency shall issue reports on the inspections and other monitoring activities conducted pursuant to [Article 85](#_DxCrossRefBm1884563615). 6. The Agency shall react without undue delay to an urgent safety problem falling within the scope of this Regulation by: (a) determining corrective action to be taken by natural and legal persons in respect of which it acts as the competent authority and by disseminating related information to those persons, including directives or recommendations, where this is necessary to safeguard the objectives set out in [Article 1](#_DxCrossRefBm1884563514); the Agency may also issue safety bulletins containing non-binding information or recommendations addressed to other natural and legal persons involved in aviation activities; (b) determining safety objectives to be achieved and recommending corrective action to be taken by national competent authorities and by disseminating related information to those national competent authorities where this is necessary to safeguard the objectives set out in [Article 1](#_DxCrossRefBm1884563514). With regard to point (b), the national competent authorities shall inform the Agency without undue delay about the measures taken to achieve those safety objectives determined by the Agency. In addition, where the problem affects more than one Member State, the national competent authorities concerned shall cooperate with the Agency to ensure that the measures necessary to achieve those safety objectives are taken in a coordinated manner. 7. The Agency shall issue opinions on the individual flight time specification schemes proposed by the Member States pursuant to the delegated acts adopted in accordance with point (b) of [Article 32(1)](#_DxCrossRefBm1884563564) which deviate from the certifications specifications adopted by the Agency.