---
title: "Article 38 Protection of aerodrome surroundings — Basic Regulation · Avioverse"
description: "Member States shall take the necessary measures to ensure that aerodromes located in their territory are safeguarded against activities and developments…"
url: "https://avioverse.aero/regulations/easa/basic-regulation/chapter-iii-substantive-requirements/article-38"
---

# Article 38 Protection of aerodrome surroundings

Basic Regulation · Regulation (EU) 2018/1139 · EAR revision 16 Jan 2023

IR Implementing rule

## Article 38 Protection of aerodrome surroundings

1\. Member States shall take the necessary measures to ensure that aerodromes located in their territory are safeguarded against activities and developments in their surroundings which may cause unacceptable risks to [aircraft](https://avioverse.aero/glossary/easa/aircraft) using the [aerodrome](https://avioverse.aero/glossary/easa/aerodrome).

2\. The organisations referred to in Article 37(1) shall monitor activities and developments which may cause unacceptable safety risks to aviation in the surroundings of the aerodrome for the operation of which they are responsible. They shall take the necessary measures to mitigate those risks in as far as this lies within their control and, where that is not the case, bring those risks to the attention of the competent authorities of the Member State where the aerodrome is located.

3\. In order to ensure the uniform application of this Article, the Commission shall, on the basis of the principles set out in Article 4 and with a view to achieving the objectives set out in Article 1, adopt implementing acts laying down detailed provisions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).

IR · Article 38 — Regulation (EU) 2018/1139 · Basic Regulation Easy Access Rules · EAR revision 16 Jan 2023

[All rules in CHAPTER III – SUBSTANTIVE REQUIREMENTS](https://avioverse.aero/regulations/easa/basic-regulation/chapter-iii-substantive-requirements)

Consolidated from the EASA Easy Access Rules (revision 16 Jan 2023, extracted 13 Oct 2026) for convenience. Not the official publication — verify against the Official Journal of the European Union and the EASA publications before operational use.