The EASA System Tallinn, 6 May 2009

AGENDA I. EASA structure II. The institutional and regulatory framework III. The EASA Rulemaking procedure IV. Differences with the JAA system V. Structure of future EASA rules DGINT/2

I. EASA structure DGINT/2

DGINT/2

Institutional framework: EASA structure Executive Director P. Goudou Plans and Programmes Communications Rulemaking J. Kneepkens Internal Audit and Quality Safety Analysis and Research Policy Officers ATM/Airport Safety Dpt. Approvals & Standardisation F. Banal Certification N. Lohl Administrative M. Junkkari Legal Dept. Process Support Products Standardisation Finance & Procurement Executive Directorate prepares all plans of the Agency (business, financial,…), manages contracts with NAAs for tasks outsourcing. provides support to all Directorates wrt any legal issue and defines Agency’s policies conducts studies and provides reports concerning the safety of European and world-wide aviation. It provides also coordination for internal and external safety improvement initiatives and acts as the focal point for aviation accident investigation safety recommendations manages the Agency’s Quality Management System and performs audits manage internal and external communications Rulemaking Directorate The Rulemaking Directorate contributes to the production of all EU legislation and implementation material related to the regulation of civil aviation safety and environmental compatibility. It submits opinions to the European Commission and must be consulted by the Commission on any technical question in its field of competence. It is also in charge of the related international co-operation. Certification Directorate The Certification Directorate is the operational directorate of the Agency, contributing to a safe and environmentally compatible aviation system by: Investigating the airworthiness of new type designs and granting certificates to products, parts & appliances performing safety oversight over approved products, parts and appliances ensuring their continuing airworthiness during the complete life cycle taking corrective action by means of airworthiness directives Standardisation Directorate The Standardisation Directorate is responsible for ensuring that regulations and standards applicable in the EASA system are properly, uniformly and consistently implemented and maintained by the Member States. The Directorate also support the certification activity by accreditation inspection visits to NAAs in order to assess their capability for carrying out certain certification tasks on behalf of the Agency. In addition, the Directorate also focuses on the oversight of Organisations Approval (Design, Continued Airworthiness, Production). Administrative Directorate The Administrative Directorate provides for a strong infrastructure on which to build the organisation, managing facilities, human resources, finance, information technology, procurement and outsourcing contracts.  Changes since ICAO audit in 2005: P&P moves from Certification to Executive (responsible of administrative part of certif/approvals) Organisations move from Certification to Standardisation Expert department has been created (was a section under products department Quality moves from Standardisation to Executive and Internal Audit and quality department created SAFA has been created Flight standard in Certification has been created Legal moves from ADMIN to Executive – Policy Officers has been created – Process Support has been created in Rulemaking Corporate Services has been created in Administrative Environmental Protection Organisations Experts Human Resources Products Safety Technical Training ICT Flight Standards Flight Standards SAFA Coordination Corporate Services International Cooperation Policy and Planning DGINT/2

Mission of Directorates Certification Conduct technical inspections and issue certificates where centralised action is more efficient Quality & Standardisation Assist the European Commission in monitoring the application of European Community legislation regarding aviation safety Quality assurance function to monitor the Agency procedures DGINT/2

Mission of Directorates The Executive Directorate Works partly as an operational directorate for horizontal issues such as communication and safety analysis or risk assessment and partly as the strategic lead of the Agency

Mission of Directorates The Administrative Directorate Provides for a strong infrastructure on which to build the organization, managing facilities, human resources, finance, information technology, procurement and outsourcing contracts

Mission of Directorates Rulemaking Assist the European Commission in preparing legislation, (Opinions) and support the Member States and industry in putting the legislation into effect Adopt our own certification specifications and guidance material

II. The institutional and regulatory framework DGINT/2

Institutional framework European Community (EC) Agency Legal personality Independence Legal, 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. DGINT/2

Institutional framework Objectives of the Agency: establish and maintain a high uniform level of aviation safety in Europe; ensure a high uniform level of environmental protection; promote cost efficiency in the regulatory process, assist Member States in fulfilling their ICAO obligations; promote Community views through co-operation with third countries and international organisations.

Institutional framework: EASA governance scheme European Commission European Commission Liechtenstein Switzerland Switzerland Member State Member State Member State Member State Member State Norway Norway Observers Observers Iceland Iceland Agency Agency Management Board Management Board Agency Advisory Agency Advisory Board Board Board(s) of Appeal Board(s) of Appeal Certification Certification Panels of Panels of Experts Rulemaking Rulemaking Executive Director Executive Director Safety Standards Safety Standards Advisory Group of Advisory Group of Consultative Committee Consultative Committee National Authorities National Authorities DGINT/2

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. DGINT/2

Regulatory framework The principles … CENTRALISATION THE EXCEPTION The EC Treaty provides however for the delegation of executive powers to the Commission (hard law) or an executive 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

Regulatory framework: the Basic Regulation The Parliament and the Council define the Scope of Powers transferred from the Member States to the Community. adopt the Essential Requirements specifying the objectives to be met The Commission adopts standards for implementing the essential requirements. The Agency adopts non binding standards for implementing the essential requirements DGINT/2

Regulatory framework: present regulations structure Basic Regulation Regulation (EC) 216/2008 of 20/02/2008 ER : Annexes I to V Agency Opinion Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification Regulation (EC) 2042/2003 on Continuing Airworthiness Agency Opinion Annex I (Part-M): Continuing Airworthiness Requirements Section A: Technical Requirements Section A: Application Requirements Section B: Administrative Procedures Annex (Part 21) Section B: administrative Procedures Annex II (Part-145): Maintenance Organisation Approvals Appendices: EASA forms Appendices: EASA forms Annex III (Part-66): Certifying Staff Annex IV (Part-147): Training Organisation Requirements Guidance Material Part 21 Certification Specifications AMC & Guidance Material Part M, 145,66,147 Agency CS , AMC & GM AMC 20 AMC 21 CS 25 CS 34 CS 36 CS E CS P CS APU CS AWO CS ETSO CS Definitions CS 22 CS 23 CS 27 CS 29 CS VLA CS VLR Parliament and Council European Commission EASA

Regulatory framework: division of competences 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 DGINT/2

Regulatory framework: division of competences 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 DGINT/2

Regulatory framework: division of competences The Agency adopts non binding standards (“soft law”) for implementing the essential requirements AMC & Guidance Material Part 21 Parts M, 145, 66, 147 Certification Specifications AMC 20 CS 25 CS 34 CS 36 CS E CS P CS APU CS 22 CS 23 CS 27 CS 29 CS VLA CS VLR CS AWO CS ETSO CS Definitions CS FTL

ER’s IRs CS’s AMC’s GM Adopted by Legislator EC Agency Comment by small Aerodromes: The manual is not the same thing as a fully fledged SMS. The Manual can be done by the smaller aerodromes without much difficulty. In their opinion Essential Requirement 2c can be done by all. AMC’s Agency GM DGINT/2

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).

Regulatory framework: division of executive powers PL Ratings, certificates MC ATO FSTD AeMC OPS EASA country MS MS1 Non-EASA 1) EASA, when requested by a MS

III. The EASA Rulemaking procedure DGINT/2

EASA Rulemaking Procedure Phase 1: Programming Annual Rulemaking Programme Advance Planning Phase 2: Processing of rulemaking deliverables Opinions, Certification specifications, Acceptable Means of Compliance and Guidance material 2 phases: Programming and Processing of rulemaking deliverables 1. Output of the programming phase: Programme contains all the rulemaking tasks, for which a final deliverable will be produced within the year N and which commits the Agency while the AP contains the tasks already started or initiated in year N and will lead to a rule during the subsequent years; AP is not published on the website and only circulated to the advisory bodies to provide visibility in the Agency rulemaking work and to allow planning their resources . DGINT/2

Rulemaking process flowchart

IV. Differences with the JAA system DGINT/2

Differences with the JAA system 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 JARs was ‘downgraded’ to AMC. DGINT/2

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

Differences with the JAA system 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. DGINT/2

Differences with the JAA system 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 DGINT/2

V. Structure of future EASA rules DGINT/2

EASA Rule Structure (1st step) Authority Requirements GEN AeMC MED ATO FCL CC OPS Organisations Requirements GEN AeMC ATO OPS Performance Standards MED FCL CC OPS

EASA Rule Structure (2nd step) Authority Requirements GEN AeMC MED ATO Licensing CC OPS 145 etc Organisations Requirements GEN AeMC ATO OPS 145 etc Performance Standards MED 147 FCL 66 CC OPS 145 etc

NPA’s Structure Authority Requirements GEN AeMC MED ATO FCL CC OPS Organisations Requirements GEN AeMC ATO OPS Performance Standards MED FCL CC OPS

NPA Planning Publication Date Title End of Comment Period Opinion to Commission Publication Official Journal 05 Jun 2008 Pilot Licensing NPA 2008-17(a)-(c) 28 Feb 2009 Aug 2009 May 2010 31 Oct 2008 Organisation & Authority Requirements (general elements and those related to NPA-2008-17) 28 May 2009 Nov 2009 Aug 2010 30 Jan 2009 Air Operations; (elements related to air operations) 31 Jul 2009 Jan 2010 Oct 2010 16 Jan 2008 Operational Suitability Certificate 30 Jun 2009 Dec 2009 Sep 2010 16 Apr 2009 Third Country Operators 16 Jul 2009

The NPA’s The NPA’s: will be published on the Agency’s website www.easa.europa.eu Anyone can comment! please send your comments using the Comment Response Tool (CRT) http://hub.easa.europa.eu/crt/ DGINT/2

Dr. Virgilijus Valentukevicius Thank you Dr. Virgilijus Valentukevicius virgilijus.valentukevicius@easa.europa.eu