O sistema EASA As novas regras OPS – NPA 2009-02 · O sistema EASA As novas regras OPS – NPA...
Transcript of O sistema EASA As novas regras OPS – NPA 2009-02 · O sistema EASA As novas regras OPS – NPA...
Slide 2
European Aviation Safety Agency
AGENDA
I. The institutional and regulatory framework
II. The EASA Rulemaking procedure
III. Differences with the JAA system
IV. The OPS NPA
Next steps
Slide 4
European Aviation Safety Agency
European Community (EC) AgencyLegal personality IndependenceLegal, administrative and financial autonomy.
Vision:EU citizens should benefit from the safest and the most environmentally friendly civil aviation system in the world.
Mission:Our mission is to promote the highest common standards of civil aviation safety and environmental protection in Europe and worldwide.
Institutional framework
Slide 5
European Aviation Safety Agency
EASA
Main mission:to establish and maintain a high uniformlevel of civil aviation safety and environmental compatibility
Additional objectives:Free movement of goods, persons and servicesCost efficiency of regulatory processesEffective uniform implementation of ICAO SARPSPromoting Community views at the global level
Slide 6
European Aviation Safety Agency
EASA has been established as an independent regulator to meet these objectives by:
Preparing the necessary proportionaterules
Overseeing their actual implementation
The EU legal framework
Slide 7
European Aviation Safety Agency
Regulatory framework
The principles
DECENTRALISATION IS THE RULE...
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.
Slide 8
European Aviation Safety Agency
Regulatory framework
The principles
… CENTRALISATION THE EXCEPTION
The EC Treaty provides however for the delegation of executive powers to the Commission (hard law) or anexecutive agency (soft law)
In such cases:
Delegated powers shall be strictly defined to allow judicial control of executive acts
Judicial remedies available to individuals and enforcement means shall be specified when delegated powers allow individual decisions
Slide 9
European Aviation Safety Agency
Regulatory framework: present regulations structure
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) 216/2008 of 20/02/2008
EASA
European Commission
AgencyOpinion
AgencyOpinion
Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification
AgencyCS ,
AMC & GM
ER :Annexes I to V
AMC & Guidance Material
Part M, 145,66,147
Parliament and Council
Slide 10
European Aviation Safety Agency
The Commission:
adopts implementing rules (Commission Regulations 1702/2003 and 2042/2003)
oversees the implementation of common rules by NAAs, including use of safeguard provisions (art. 14 of EASA Regulation)
negotiates international agreements
Regulatory framework:division of competences
Slide 11
European Aviation Safety Agency
The Agency:
develops opinions for common rules (Basic Regulation and implementing rules)
adopts material for the application of common rules(certification specifications, airworthiness codes, acceptable means of compliance and guidance material)
acts as focal point vis-à-vis third countries and international organisations for the harmonisation of rules and the recognition / validation of certificates
Regulatory framework:division of competences
Slide 12
European Aviation Safety Agency
Regulatory framework:division of competences
Member States National Aviation Authorities:
provide expertise as appropriate for rulemaking tasks;
develop national administrative rules for the implementation and enforcement of common rules (administrative procedures)
may take action on a case by case basis if so required to ensure safety or appropriate operational flexibility (safeguards).
Slide 13
European Aviation Safety Agency
Regulatory framework:division of competences
Member States National Aviation Authorities (cont.):
Approve alternative means of compliance;
Maintain full competence in the fields not transferred to Community competence:
Aircraft mentioned in Annex 2 to the BR Eg. Ultra-lights, historical, military, experimental, etcExcept is some cases, when these aircraft are used in CAT
Operations mentioned in article 1(2) BRMilitary, customs, police and similar
Slide 14
European Aviation Safety Agency
1) EASA, when requested by a MS
PL Ratings, certificates MC ATO FSTD AeMC OPS
EASAcountry MS MS MS MS MS1 MS MS
EASANon-EASAcountry
MS MS MS EASA EASA EASA
The EU legal framework
Slide 16
European Aviation Safety Agency
EASA Rulemaking Procedure
Phase 1: ProgrammingAnnual Rulemaking Programme Advance Planning
Phase 2: Processing of rulemaking deliverablesOpinions, Certification specifications, Acceptable Means of Compliance and Guidance material
Slide 17
European Aviation Safety Agency
Rulemaking process flowchart
several months
3 months
3 months (max)
2 months
Rulemaking Programme
Initiation
Drafting
Consultation
Review of Comments
Publication of CRD
ED Decision
DRAFT
ADOPT ION
NPA
Publication
Slide 19
European Aviation Safety Agency
For Rulemaking:
As EASA implementing rules are binding in their entirety (not minimum standards nor recommended practices), they shall be less prescriptive to provide for flexibility (performance based).
To provide for uniformity, Acceptable Means of Compliance have to be issued and deviations thereto controlled by the Agency.
As a consequence, some rule material included in Sections 1 of JAR-FCL was ‘downgraded’ to AMC.
Differences with the JAA system
Slide 20
European Aviation Safety Agency
Differences with JAA system
performance based rulemakingessential safety elements = rulenon-essential implementation aspects = AMC, which have an important role to play in providing for a uniform implementation of common requirements with sufficient flexibility
Slide 21
European Aviation Safety Agency
Differences with the JAA system
For Rulemaking (cont.):
Because the scope of the EASA system extends well beyond that of the JAA (ex: JAR-FCL only applies to aeroplanes and helicopters, EASA rules shall cover all other aircraft); and
Because drafting principles of Community law require that a requirement applicable to various persons be set in a single text
It is not possible to have one rule per type of activity or aircraft
Slide 22
European Aviation Safety Agency
For Rulemaking (cont.):The Agency proposals also contain differences in the
drafting style resulting from the application of EU principles.
Community legislative acts shall be drafted clearly, simply and precisely. The drafting of a legislative act must be:
clear, easy to understand and unambiguous;simple, concise, containing no unnecessary
elements;precise, leaving no uncertainty in the mind of the
reader.
Differences with the JAA system
Slide 23
European Aviation Safety Agency
For Member States:Because of the nature of the EC, Member States may no
more:deviate from common rules - except in the case of
art. 14 of the Basic Regulation
impose additional requirements - to ensure a level playing field and no discrimination
conclude international arrangements with third countries - transfer of competence produces effects also for international competence
Differences with the JAA system
Slide 24
European Aviation Safety Agency
The structure is differentfrom that of the JARs
WHY?
Differences with JAA system
Slide 25
European Aviation Safety Agency
Differences with JAA system
Integrated system of Regulations:
Technical requirementscontained in the Personnel and the Air Operations Regulation
Organisation requirements and management system of organisations
Authority requirements
Slide 28
European Aviation Safety Agency
The Agency proposals are based on ICAO Annex 6follow latest amendments of EU-
OPS/JARs:EU-OPS (Reg. 859/2008) / JAR-OPS 1 Amendment 13 / TGL 44JAR-OPS 3 Amendment 5Draft JAR-OPS 0,2,4 after A-NPA process - 2002/03
take into account JAA NPAs in an advanced phase of adoption (ex: NPA-OPS 39B Datalink recording forward fit)
OPS content
Slide 29
European Aviation Safety Agency
The IRs have been developed using a bottom-up approach:
IRs:non-commercial operations with non-
complex motor-powered aircraft.
+non-commercial operations with
complex motor-powered aircraft; commercial operations
OPS content
Slide 30
European Aviation Safety Agency
The OPS NPA is divided into 5 separate documents:Explanatory note and Regulatory Impact Assessment
(RIA)
Draft opinion and decision Part-OPS
Draft opinion and decision on Subpart OR.OPS of Part Organisation Requirements (OR)
Draft opinion and decision Subpart AR.OPS of Part Authority Requirements (AR)
Draft opinion and decision Part Cabin Crew (CC) and amendments to Part Medical relating to cabin crew
The OPS NPA
Slide 31
European Aviation Safety Agency
The explanatory note:Describes the background, structure and content of the Agency’s proposal
Contains cross reference tables JARs-Parts
The Regulatory Impact Assessment (RIA):Studies the impact of the Agency‘s proposal
The OPS NPA
Slide 32
European Aviation Safety Agency
The draft opinion and decision Part-OPS contains:
The draft implementing rules Part-OPS (draft opinion)
The draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) to Part-OPS (draft decision)
The OPS NPA
Slide 33
European Aviation Safety Agency
The draft opinion and decision on Subpart OR.OPS (Organisation Requirements OPS) contains:
The draft implementing rules Subpart OR.OPS (draft opinion)
The draft Acceptable Means of Compliance (AMC), Guidance Material (GM) and Flight Time Limitation Certification Specification (CS) to Subpart OR.OPS (draft decision)
The OPS NPA
Slide 34
European Aviation Safety Agency
The draft opinion and decision on Subpart AR.OPS (Authority Requirements OPS) contains:
The draft implementing rules Subpart AR.OPS / CC (draft opinion)
The draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) to Subpart AR.OPS / CC (draft decision)
The OPS NPA
Slide 35
European Aviation Safety Agency
The draft opinion and decision on Part-CC (Cabin Crew) contains:
The draft implementing rules Part-CC (draft opinion)
The draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) to Part-CC (draft decision)
The draft implementing rules on the cabin crew medical as complement to Part-MED (Medical) (draft opinion)
The OPS NPA
Slide 37
European Aviation Safety Agency
NPAs are published on the Agency’s website:
NPA 2008-22 – public consultation until 15 April 2009
NPA 2009-02 – public consultation until 30 May 2009
Anyone can comment!
please send your comments using the Comment Response Tool (CRT)
http://hub.easa.europa.eu/crt/
The next steps
Slide 38
European Aviation Safety Agency
3 months for the revision of commentsEvery individual comment is considered and
answered by the Agency with the help of a review group
CRD is published on the website for 2 monthsEASA sends opinions to Commission
ComitologyEASA adopts AMC / GM / CS after publication
of EC RegulationsSpring 2010?
The next steps
Slide 39
European Aviation Safety Agency
Transitions measures - BR Art. 70 Applicability of the relevant articles as specified in their respective IRs, but not later than 8 April 2012
In the meantime, “EU OPS” and the national rules that adopted JARs into national systems continue to apply
EASA proposals for transition measures can be found n the explanatory notes
The next steps
Slide 40
European Aviation Safety Agency
Transition measures:
Differentiated introduction of the requirements
JAR requirements vs new requirements
certificates issued iaw EU-OPS/JAR-OPS 3 requirements and associated procedures = issued in accordance with the Implementing Rules
The next steps
Slide 41
European Aviation Safety Agency
EASA proposal
Appropriate transition measures will be defined for Member States not recommended for mutual recognition by the JAA for JAR-OPS 3
Sufficient time will be given to allow for the change of manuals
Transition measures
Slide 42
European Aviation Safety Agency
EASA is also preparing for the transition:
A roadmap group has been set up to ensure that all necessary resources will be in place
The creation of panel of experts in close relation with Standardisation and Rulemaking is being considered
To provide technical advice on harmonisation issues, namely the evaluation of alternative AMCs
The next steps
Slide 43
European Aviation Safety Agency
EASA is also preparing for the transition:
E-tool - EASA initiated work on an electronic tool to help stakeholders in their day-to-day activity and to facilitate the use of the new structure and requirements
e-tool provides for easy identification of the requirements applicable to each activity
Mini-website Flight StandardsMore information on new rules, FAQhttp://easa.europa.eu/flightstandards/index.html
The next steps