1 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop From national to EU rules - Continuing Airworthiness Juan Anton Continuing Airworthiness Manager Rulemaking Directorate EASA

2 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop What happened in the “old” times ?  Before the existence of EU rules:  Every Member State had its own national aviation rules.  They covered all aviation aspects: operations, licensing, maintenance, certification, airports, air navigation, etc.  This had the advantage of having all these aspects under the control of the same Member State but it was certainly difficult to move goods/services/licensed personnel between different Member States.  Some Member States had their own bilateral agreements and working arrangements with other states and authorities.

3 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop A first step into “standardisation”  The first step into “standardisation” was the introduction of JAA requirements:  They covered only certain aviation aspects and only for certain aircraft categories and operations, such as:  JAR-145  JAR-66  JAR-OPS1, JAR-OPS3  JAR-FCL  The implementation was voluntary for each Member State and could only happen if adopted in the national law.  Each Member State had the option to decide whether they wanted to be standardised (through inspections) or not.

4 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop Introduction of EU rules  The Basic Regulation EC1592/2002 (later replaced by EC216/2008):  Created EASA.  Established EU requirements for airworthiness, which were of mandatory compliance for all Member States (superseded the national rules).  As a consequence, Implementing Rules were created to cover airworthiness, in particular:  Initial Airworthiness (EC1702/2003):  Part-21 for Product Certification, certification of Design and Production organisations, issuance of Certificates of Airworthiness, etc.  Certification Specifications (CSs) for product certification  Continuing Airworthiness (EC2042/2003): Part-M/-145/- 66/-147.

5 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop The Basic Regulation  The European Parliament and the Council define the Scope of Powers transferred to the Community.  They adopt the Essential Requirements specifying the objectives to be met. Basic Regulation (EC) 216/2008 of 20 February 2008 Annex I : Essential Requirements for Airworthiness Annex II : Excluded Aircraft Annex III: Essential Requirements for Pilot Licensing Annex IV: Essential Requirements for Air Operations Annex V: Qualified Entities Annexes Va and Vb: Essential Requirements for Aerodromes, ATM/ANS and Air Traffic Controllers

6 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop The Implementing Rules  The Commission adopts standards (Implementing Rules) for implementing the essential requirements. Regulation (EC) 2042/2003 on 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) Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification

7 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop The Implementing Rules All Continuing Airworthiness Rules (Part-M, Part-145, Part-66, Part-147) are divided in the following parts:  Who is the Competent Authority (points M.1, 145.1, 66.1 and 147.1).  Section A: Technical Requirements.  Section B: Procedures for Competent Authorities.

8 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop Soft Laws of EASA  EASA adopts non binding standards for implementing the essential requirements. AMC & Guidance Material Part 21 AMC & Guidance Material 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

9 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop Continuing Airworthiness rules  How the new Implementing Rules for Continuing Airworthiness were created:  Part-145/-66/-147 were relatively easy: They were based on similar JAA rules already existing, with the main difference of introducing “Authority Requirements” in Section B of each rule.  What about Part-M?

10 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop Why Part-M was necessary?  Part-M was necessary because the Basic Regulation EC1592/2002, under the Continuing Airworthiness requirements, covered a much larger range of activities, operations and aircraft categories than the existing JAA rules. As a matter of fact:  Part-145 only covered the requirements for the approval of a maintenance organisation and how this organisation performs the maintenance they have been ordered by the owner/operator/CAMO.  However, Part-145 did not cover how the airworthiness status of the aircraft is determined, controlled and maintained, how maintenance is planned and ordered and who is responsible for what.  The use of a Part-145 organisation was only required for large aircraft and aircraft used in Commercial Air Transport. It was too restrictive for non large aircraft and other types of operations.

11 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop What is included in Part-M ?  How the airworthiness status of the aircraft is determined, controlled and maintained, how maintenance is planned and ordered and who is responsible for what. (Subpart-M of JAR-OPS1 was used as a basis and it was adapted to the different aircraft categories and operations)  Maintenance standards to be met.  Requirements for maintenance organisations involved in the maintenance of aircraft other than large not used for Commercial Air Transport (Subpart F maintenance organisations). For large aircraft and aircraft involved in CAT, the requirements are in Part  Requirements for independent certifying staff performing certain maintenance for aircraft other than large not used for Commercial Air Transport.  Pilot-owner maintenance.  Requirements for the renewal of the validity of the Certificate of Airworthiness (airworthiness reviews).

12 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop Responsibilities Main responsibilities of the owner/operator/CAMO:  The owner/operator/CAMO is responsible for the airworthiness of the aircraft and deciding what maintenance is needed and when and where it has to be performed.  The owner/operator/CAMO is responsible for coordinating maintenance activities when several maintenance organisations are involved.  The owner/operator/CAMO is not responsible for how the maintenance is performed. This is the responsibility of the maintenance organisation (it holds an approval).  However, the owner/operator/CAMO is responsible for verifying that all the maintenance ordered has been completed and released, as well as for maintaining the corresponding records.

13 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop Fundamental aspects of the system Fundamental aspects of the system: The system is based on a chain of different approvals:  CAMO (Part-M, Subpart G), Maintenance Organisation (Part-145 or Part-M Subpart-F), Licensed personnel (Part- 66), Maintenance Training Organisations (Part-147).  Each approval is under the oversight of a competent authority.  Adequate communication and exchange of information between competent authorities is essential since there are different authorities involved:  State of Registry, State of Operator, State of CAMO, State of the Maintenance Organisation, State issuing the Part-66 licence.

14 30/31 January 2013EASA/Estonian CAA Rulemaking Workshop Fundamental aspects of the system Fundamental aspects of the system: The system is based on a chain of oversight activities and responsibilities:  The Quality System of the approved organisation.  The oversight performed by the competent authority issuing the organisation approval.  The oversight performed by the State where the organisation is located (may be different from the State who issued the approval).  Airworthiness Reviews performed on the aircraft for the renewal of the Certificate of Airworthiness.  The ACAM (Aircraft Continuing Airworthiness Monitoring) programme of the State of Registry.