From NAA to EASA regulation - National Business Aviation...

22/05/2007 EBACE 2007 1

European Aviation Safety Agency

From NAA to EASA regulation

C. ProbstEASA

Rulemaking director

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Presentation plan

I. The EASA system

II. Extending the EASA system

III. Rulemaking in the EASA context

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The EASA system

The EASA System has for main mission to establish and maintain a high uniform level of civil aviation safety and environmental compatibility.

Additional objectives are:

- Free movement of goods, persons and services

- Cost efficiency of regulatory processes

- Effective uniform implementation of ICAO SARPS

- Promoting Community views at the global level

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The EASA system

EASA has been established as an independent regulator to meet these objectives by:

-Preparing the necessary proportionate rules

-Overseeing their actual implementation

But EASA does not take over all regulatory functions and is therefore not a « European FAA »

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The EASA system

The EC Treaty is based on the principle that the Community acts as a legislator, while Member States apply Community law under Community control.

Community law is directly applicable (full part of Member States legal order).

Legal remedies for individuals and enforcement means are provided by Member States judicial systems.

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The EASA system

National Aviation Authorities are therefore the legitimate executive arms of the Community.

It is their role to implement Community law.

No one else has the local presence to do so nor the capability to grant exemptions when local conditions or exceptional situations so require.

No one else can trigger the national enforcementsystem.

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The EASA system

EASA assists the Commission in its legislative role by:- Preparing essential requirements to transpose political objectives into technical terms. - preparing detailed implementing rules that clarifywhat all those involved shall do to comply.- Evaluating the results achieved on the field to feed a continuous process of improvement of the quality of rules.

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The EASA system

EASA assists National Aviation Authorities in their implementing role by:- Adopting and disseminating best practices(acceptable means of compliance) and guidance material. - Providing them and applicants with advise on interpretation of rules.- Organising training and workshops so as to help understanding and applying rules.

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The EASA system

Member States act under the control of the Commission, whose role is to ensure effective and uniform implementation of Community law. Such role is essentially of an enforcement nature (infringement procedure).

The Agency assists the Commission through standardisation inspections. This provides for the opportunity to also assist National Aviation Authorities in identifying their weaknesses and in rectifying them before an infringement procedure is initiated.

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The EASA system

The application of Community law, in particular the evaluation of conformity with binding standards (certification), may be delegated to a Community Agency.In such case the empowering act shall specify the judicial remedies available to individuals. This implies giving them access to the European Court of Justice.

Ideally also the empowering act should specify appropriate enforcement means to ensure effective implementation of Community law.

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The EASA system

The Court of Justice does not have the resources to handle appeals against decisions made by Agencies.

Member States are reluctant to including sanctions in Community Regulations.

As a consequence delegating executive powers to Agencies is exceptional as it is rarely the best means to implement Community law.

Such option is viable only when centralised action is the best means to provide for uniform implementation

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The EASA system

In the field of airworthiness, centralised action has been considered to be the best means for:- Design approvals- Foreign organisations approvals

As for air operations and pilot licensing the same logic leads to think that only foreign organisations/operatorsare candidates for centralised action.

Extension of EASA remit to airport and ATM safety would probably imply no transfer of certification tasks to EASA, except for global systems.

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The EASA system

EASA policy is not to execute itself all its certification tasks:

- 50% of the work related to design approvals iscontracted to national aviation authorities.

- Most of the work related to organisations approvals is contracted to national aviation authorities.

As regards foreign products and organisations work is delegated as much as possible to the local regulators.

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The EASA system

Agency’s staff is currently 330. 210 are engaged in certification tasks.

It will grow progressively to 600 in 2012.

Agency’s budget is currently 70 Million Euros.

Fees and charges are expected to provide 45 million Euros.

Budget should grow to 100 million Euros in 2012.

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Extending the EASA system

Currently the EASA Regulation (1592/2002 of 15/07/2002) establishes Community competence only for the regulation of the airworthiness and environmental compatibility of products.

Work is being done to extend the scope of this regulation to air operations and flight crew licensing

Ultimately it could also cover the safety regulation of airport operations and air traffic control services.

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The Commission adopted on 15 November 2005 alegislative proposal based on Agency’s opinion 3/2004.

The European Parliament has adopted its opinion in March

The Council will adopt its position before June on the basis of a political agreement reached in December.

Full legislative process to be finished before year’s end; allowing launching consultations on the related implementing rules (NPAs put on hold).

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The Agency has initiated work on these implementing rules through tasks OPS.001 and FCL.001. Two RM groups started work in August 2006;Both groups have established subgroups;OPS subgroups: CAT, non-commercial complex A/C, AW, authorities & SMS requirementsFCL subgroups: Transfer of JARs and powered-lift licences, medical, non-JAR licences, authority requirements.

Draft NPA will be ready when the extended EASA regulation is adopted by year‘s end.

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As regards general aviation, OPS.001 group is addressing: Implementation of SMSExtent of oversight, specifically for operations subject to a

declarationCertification of certain non-commercial operators usingcomplex motor-powered aircraftStatus of rule vs. AMC material

All subgroups finished the review of JARs/JIPs and startedtransposing them into Implementing Rules.

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As regards general aviation, FCL.001 group is addressing: Adequacy of Class 2 medical for PPLNon JAR licenses (development of requirements for balloons, airships and gliders)Medical requirements for non JAR licenses

All subgroups have finished the review of JARs/JIPs and started transposing them into Implementing Rules.

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The Agency has initiated work with the help of the Group of Airport Safety Regulators to prepare an opinion on the extension of the Basic Regulation to Airport safety. It is expected to issue such opinion by the mid 2007. Implementation could be expected in 2011.

Work on ATM/ANS safety regulation started in December last with the help of few experts. An opinion is unlikely before spring 2008. Implementation could be envisaged for 2012.

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In the EASA system the Agency is required to:

develop binding standards (opinions for amending EASA Regulation and its implementing rules) to be adopted by the legislator or the Commission.

develop and adopt non binding standards to assist in the implementation of binding rules (certification specifications, airworthiness codes, acceptable means of compliance and guidance material).

Rulemaking in the EASA context

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In the EASA system the Agency is required to:

Act independently of the regulated persons

Follow an open and transparent process allowing all stakeholders to give their opinion and receive an answer, (Article 43 of EASA Regulation)

The Agency’s Management Board adopted on 17 June 2003, the “Rulemaking Procedure” after consultation of the EASA Advisory Board

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Programming

Initiation

Drafting

Consultation

Review of comments

Adoption

publication

Review of impact

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The Agency is assisted in its rulemaking activities by:the Advisory Group of National Authorities, composed of

representatives of NAAs.the Safety Standards Consultative Committee,

composed of representatives of the regulated persons

They provide advice on priorities (work programmes), working methods (need for group and their composition), regulatory policies and methods. They also provide feed back on the effect of adopted rules.


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Rulemaking flow chart

several months

3 months

3 months (max)

2 months

Rulemaking

Programme

Initiation

Drafting

Consultation

Review of Comments

Publication of CRD

ED Decision

D

R

A

F

T

A

D

O

P

T

I

O

N

N

P

A

Publication

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Guidance Material

Part 21

Regulation (EC) 2042/2003on Continuing Airworthiness

Annex I (Part-M):Continuing Airworthiness Requirements

Annex II (Part-145): Maintenance Organisation Approvals

Annex III (Part-66):Certifying Staff

Annex IV (Part-147):Training Organisation Requirements

Annex (Part 21)

Section A: Technical Requirements

Section B: administrative Procedures

CertificationSpecifications

AMC 20AMC 21CS 25CS 34CS 36CS ECS PCS APU

CS 22CS 23CS 27CS 29CS VLACS VLR

CS AWOCS ETSOCS Definitions

Section A: Application Requirements

Section B: Administrative Procedures

Appendices: EASA forms Appendices: EASA forms

Basic RegulationRegulation (EC) 1592/2002 of 15 July 2002

EASAEuropean CommissionParliament and Council

AgencyOpinion

AgencyOpinion

Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification

AgencyCS ,

AMC & GM

Annex I : Essential Requirements for Airworthiness

Annex II : Excluded Aircraft

AMC & Guidance Material

Part M, 145,66,147

EASA rules

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Task M.017This task aims at finishing the review of Part M provisions

applicable to non-commercial aircraft, which will enter into force in September 2008.

It includes: Issuing the CRD of NPA 7/2005 (published in June 2005 to draw conclusions of a regulatory impact assessment of such provisions).Issuing a new NPA on further changes of Part M and its AMC/GM for adapting Part-M to General Aviation needs.Issuing the necessary rules by the end of 2007.Studying the need of a specific Part-66 B3 license.

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Task M.017 (ctd)Work conducted after NPA 7/2005 on better regulation for

general aviation (MDM.032) has developed concepts and material that are taken into consideration.

Envisaged changes may cover, among others:Simplifying the concept of “controlled environment”.Eliminating “recommendations” for ARCs.Simplifying the rule in case an aircraft is grounded for unforeseen reason.Introducing generic maintenance programmes.Adapting staff requirements for Airworthiness Review

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Task MDM.032 This task is the result of a number of consultations with the

General Aviation community on the relevance of JARsdeveloped so far for their activities.

It covers all aspects: Initial airworthiness, including changes and repairs.Continuing airworthiness (input to M.017).Pilot licensing (leasure pilot licence – input to FCL.001).General operating rules (input to OPS.001).

The related draft NPAs will be ready by June/July 2007.

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THANK YOU FOR YOUR ATTENTION.

QUESTIONS are WELCOME

www.easa.eu.int

http://www.easa.eu.int/

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