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VIEWPOINT

Ater a positive vote in the European Parliament on 25 March 2009,

the EU Transport Ministers confrmed the ar-reaching Single

European Sky aviation package on 30 March. Patric Goudou,

Executive Director o the European Aviation Saety Agency (EASA),

explains how this package, which has been ormally adopted by the

Council, strengthens the Single European Sky and boosts theimplementation o new technologies, making EASA responsible or all

saety links o the aviation chain.

The role oEASA

Single European Sy

Indeed, this total system approach

was acknowledged by the European

Parliament and Member States when

they invited the Commission to

make proposals as soon as possible

to extend the Agencys scope to air

operations and light-crew licens-

ing. This irst step has already been

taken with the adoption o the new

Basic Regulation (Regulation (EC) No.

216/2008).

In June 2008, in line with the total

system approach, the European

Commission proposed the ar-reach-

ing Single European Sky aviation

package. This package has now been

ormally adopted by the EU Council.

It strengthens the Single European

Sky, boosts the implementation o

new technologies and makes the

European Aviation Saety Agency

responsible or the saety regulation

o aerodromes, air navigation ser-

vices (ANS) and air traic manage-

ment (ATM). The Agency had already

started preparing to take up these

new competences and had issued its

opinion on the saety o ATM/ANS in

March 2008. According to the Euro-

pean Parliament and the Council, the

corresponding implementing rules

in the area o ATM/ANS have to be in

place by 2012.

Establishing and maintaining a high

and uniorm level o aviation saety

has been one o the European Unions

top priorities over the past decade.

This objective has been pursued by

common action at Community level,

based on the concept that the pro-

tection o citizens will be ensured by

adopting common aviation saety

rules and by guaranteeing their uni-

orm implementation. The European

Aviation Saety Agency (EASA) is at

the centre o this strategy. Its tasks cur-

rently include drating aviation saety

regulation, conducting inspections to

ensure their uniorm implementation

and the type-certication o aircrat,

engines and parts.

When drating new rules, the Agency

is required to avoid the duplication

o regulatory processes, to promote

Community views throughout the

world and to provide a level play-

ing eld or all actors in the internal

aviation market. The achievement o

these objectives was initiated by the

adoption o EASAs rst Basic Regu-

lation in 2002 (Regulation (EC) No.

1592/2002), which ocused essential-

ly on the airworthiness and environ-

mental compatibility o aeronautical

products.

TOTAL SYSTEMAPPROACH

However, concentrating on aeronau-

tical products in isolation rom the

regulatory environment in which they

operate is not sucient. My vision or

the uture role o the Agency is based

on the conviction that aviation saety

has to be coherent in all its saety ele-

ments; it is in act a single saety system

with interrelated and interdependent

actors, ranging rom aircrat manu-

acturers, their operators, air trac

controllers, airports, pilots, cabin crew,

etc. The extension o the EASA system

to all aspects o aviation saety under

a total system approach is thereore

logical and technically consistent.

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Skyway 52 Summer & Autumn 2009 35

In practice, the total system ap-

proach means that industry, opera-

tors and service providers will nally

have a single body o law to consult,

organised according to coherent

principles and semantics and thus

simpliying their interace with the

competent authorities, especially

when they are involved in more

than one aviation domain. This, or

instance, would be the case or an

aerodrome operator also providing

tower ATC services. The saety re-

quirements across the EU currently

vary and although there may not be

major saety concerns, harmonisation

should ensure that the highest levels

are achieved everywhere. The causal

actors o most aviation saety occur-

rences are multimodal in nature. The

aim o the total system approach is

to reduce the risks coming rom gaps,

overlaps or conused responsibilities

between dierent aviation domains.

We at EASA believe that more can be

done in the area o saety and that

this would allow the industry to de-

velop businesses and extend market

shares, provided that common rules

are established, equally adhered to

and enorced.

EASAS ROLE IN THESINGLE EUROPEAN SkY

The new competences will give the

Agency an important role in the de-

velopment o the Single European

Sky (SES). It will be responsible or

ensuring that any technical solution,

concept, equipment, personnel or

organisation involved in civil avia-

tion works saely. The Agency already

works in close partnership with EU-

ROCONTROL to achieve the most e-

cient regulatory system, building on

its vast knowledge and experience in

ATM as well as aiming to ensure con-

tinuity and legal certainty or all regu-

lated actors in the eld.

It was the wish o the political deci-

sion-makers to have separate saety

and economic regulators to guaran-

tee that these dierent aspects are

evaluated and treated appropriately.

EASA is and will remain the saety

regulator.

Our uture Implementing Rules in ATM/

ANS will be built on the basis o the

provisions o the SES, in particular the

transposed EUROCONTROL Saety Reg-

ulatory Requirements (ESARRs). In this

respect, transitional mechanisms will

be designed in order to provide or the

continuity and subsequent conversion

o approvals already granted under the

SES rules. At the same time, consistency

between the EASA and SES systems will

have to be provided or. It is indeed pos-

sible to devise processes that provide

or harmonised requirements and cer-

tication procedures in order to avoid

multiple compliance assessments.

The Agency is currently working on

streamlining the organisation approv-

als in the context o the extension o

the EASA system to air operations and

the implementation o the ICAO SMS

Standards and Recommended Practic-

es (SARPs). This work will also be used

when the uture implementing rules

are developed.

SPECIFIC COMPETENCES

IN ATM/ANSWhile the details o EASAs compe-

tences in the area o ATM/ANS will be

dened in the implementing rules ol-

lowing common drating groups and

public consultation, the basic principles

o the Agencys responsibilities will be

as ollows:

Regarding ATM/ANS ser-

vice providers, common

implementing rules will

be issued, requiring the

implementation o a

saety management sys-

tem and the provision o

ATM/ANS services in ac-

cordance with common

standards. The verica-

tion o compliance will

be achieved through

saety certication, by

competent bodies des-

ignated by Member States. EASA will

not be doing the certiying except in

cases where centralised action is ben-

ecial. This was regarded by the EU leg-

islators to be the case or pan-European

service providers and third-country

organisations providing services within

the EU.

Specic EASA implementing rules will

address the saety and ground/air in-

teroperability requirements relating to

ATM/ANS systems. Also, common rules

will be established to speciy training

and prociency requirements or all

personnel involved in saety-related

EASA will be respon-sible for ensuring thatany technical solution,concept, equipment,personnel or organisa-tion involved in civilaviation works safely

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VIEWPOINT

ATM/ANS tasks. This means that in the

uture the existing European ATCO Di-

rective will be replaced by common

rules and acceptable means o com-

pliance. Such rules will naturally be

ully based on existing material and be

complemented only where necessary

or saety reasons. Common saety rules

must also ensure that all the necessary

saety requirements or other ATM pro-

essions are covered.

The new SES package also plays the role

o saety adviser to EASA. This means

or instance that when implementing

SES regulations in the eld o air space

management, the Member States and

the European Commission will consult

with EASA in order to ensure that all

saety aspects are properly addressed.

AVOIDINGOVERREGULATION

One o the rationales or a single Eu-

ropean saety regulator is increased

eectiveness through simplication o

rules and streamlined procedures. The

Agency acts upon the maxim that new

rules should not disrupt or create di-

culty or the existing system. EASAs new

competences will create no overlaps in

the regulatory system and no extra lay-

er or the industry. Finally, it is also our

goal to be a light regulator when and

where possible, to avoid overregulation

and undue burden on regulated per-

sons, by making use o what is already

in place. When transposing existing

rules, the Agency will also make sure it

adapts them to the needs o medium-

and small-sized organisations.

CONSULTATION

As a saety regulator, it is our job to assist

the political decision-makers by provid-

ing them with the necessary elements

to make the most appropriate choices.

When EASA develops various types o

rules, it is obliged to ollow an open

and transparent process allowing

the involvement without discrimina-

tion o all stakeholders. Recently the

Agency has reviewed its rule-making

process and we have built in more

moments o discussion and refection

with our stakeholders beore we pub-

lish our notice o proposed amend-

ment (NPA). This allows us to reach

a consensus on a preerred solution

in a reasonable period o time or an

ecient decision-making process.

CONCLUSION

Aiming or global harmonisation and

in line with the requirements o the

common law, EASA rules will be com-

patible with the related ICAO SARPs.

Aviation is global in nature and there-

ore needs global rules. However,

such rules can also be developed and

harmonised at regional level, thereby

avoiding discretionary transposition

by each and every one o the 31 EASA

Member States.

EASA is also ready to do its utmost

to progressively convince the inter-

national aviation community o the

merits o the European approach

to saety regulation. I they wish,

non-EU countries can be associated

to the EU system through bilateral

agreements under which they are

assimilated to Member States. This

is already the case or Norway, Ice-

land, Switzerland and Liechtenstein.

The Agency is also signing working

arrangements with neighbouring

States and by doing so we are intro-

ducing the pan-European approach

to all the domains where EASA has

competence. n

Single European Sky

the role of EASA