Analysis of Commission Delegated Regulation (EU) 2026/446
This Regulation lays down the procedural rules for the Board of Appeal of the European Union Aviation Safety Agency (EASA). It specifies how the Board is structured, who can be a member, and how it makes decisions.
- Composition of the Board: The regulation details the qualifications needed for members, including the Chairperson and those with technical expertise. It includes specific areas of expertise like flight performance, avionics, and environmental systems.
- Powers and Roles: It defines the powers of the Chairperson in ensuring decision quality and consistency. It also specifies the role of the rapporteur, who manages communications, proceedings, and drafts decisions.
- Registry: The regulation establishes a registry to assist the Board in its functions.
- Decision-Making: It outlines the deliberation and voting procedures the Board will follow.
- Repeal: This new regulation replaces the previous Regulation (EC) No 104/2004, reflecting EASA’s extended responsibilities under updated regulations. The list of disciplines is updated to cover new areas where appeals are possible.
In essence, the regulation provides an updated framework for how appeals are handled within the EU aviation safety system, ensuring that the Board of Appeal is appropriately structured and equipped to address a wider range of technical and regulatory issues.
Review of each of legal acts published today:
Commission Delegated Regulation (EU) 2026/446 of 12 December 2025 supplementing Regulation (EU) 2018/1139 of the European Parliament and of the Council by laying down rules on the organisation and composition of the Board of Appeal of the European Union Aviation Safety Agency, on its members and on the rules and procedures for voting, and repealing Commission Regulation (EC) No 104/2004
This Commission Delegated Regulation (EU) 2026/446 outlines the rules for the organization, composition, and procedures of the Board of Appeal of the European Union Aviation Safety Agency (EASA). It details the qualifications of the Board’s members, including the Chairperson and technically qualified members, and specifies the voting rules and conditions. The regulation also establishes the role of the rapporteur and the registry in supporting the Board’s functions.
The regulation is structured into 8 articles and an annex. Article 1 defines the composition of the Board of Appeal, specifying the qualifications required for technically and legally qualified members, including their alternates. Article 2 outlines the powers of the Chairperson, while Article 3 details the role of the rapporteur in preparing communications, managing the proceedings, and drafting decisions. Article 4 establishes the registry to assist the Board, and Articles 5 and 6 describe the deliberation and voting procedures. Article 7 repeals the previous Regulation (EC) No 104/2004, and Article 8 sets the entry into force date. The Annex lists the technical disciplines and areas relevant to the qualifications of the Board members.
Key provisions include the requirement for technically qualified members to have expertise in areas like flight performance, structure, avionics, and environmental systems, as well as approvals and quality systems related to various aviation organizations. The Chairperson’s role in ensuring the quality and consistency of decisions and the rapporteur’s responsibility for managing communication and drafting decisions are also important. The regulation repeals and replaces Commission Regulation (EC) No 104/2004 to reflect the extended mandate of EASA under Regulations (EU) 2018/1139 and 2023/2405, updating the list of disciplines to cover new areas where appeals are possible.
