European Aviation Safety Agency Head of Aircraft Product Certification Transfer under EASA Responsibility of Former CIS Built Aircraft Operated in EU Member States: Challenges in the Certification Domain Alain Leroy European Aviation Safety Agency Head of Aircraft Product Certification

The EU System (1) The principle The Community acts as a legislator, while Member States apply Community law under Community control Delegation of executive powers to the Commission only where central acts are more beneficial Certification/Maintenance 8 June 2006

The EU System (2) New set of community law Basic Regulation and Implementing Rules Directly applicable in all Member States Establishment of EASA Body of the European Community Delegation of executive powers Built on a strong legal basis Certification/Maintenance 8 June 2006

The EU System (3) Consequences: Member States may no more Deviate from common rules Impose additional requirements Issue Certificates in fields where EASA is competent Conclude arrangements with third countries Certification/Maintenance 8 June 2006

Regulatory Framework (1) The European Parliament and the Council define the Scope of Powers transferred to the Community They adopt the Basic Regulation including Essential Requirements specifying the objectives to be met Basic Regulation Regulation (EC) 1592/2002 of 15 July 2002 Annex I : Essential Requirements for Airworthiness Annex II : Excluded Aircraft Certification/Maintenance 8 June 2006

Regulatory Framework (2) The European Commission adopts Implementing Rules Binding standards for implementing the essential requirements Certification/Maintenance 8 June 2006

Regulatory Framework (3) The Commission adopts Implementing Rules Commission Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification Commission Regulation (EC) 2042/2003 on Continuing Airworthiness Section A: Application Requirements Annex I (Part-M): Continuing Airworthiness Requirements Section A: Technical Requirements Annex (Part 21) Section B: Administrative Procedures Section B: Administrative Procedures Appendices: EASA forms Annex II (Part-145): Maintenance Organisation Approvals Appendices: EASA forms Annex III (Part-66): Certifying Staff Annex IV (Part-147): Training Organisation Requirements Certification/Maintenance 8 June 2006

Agency’s Member States 25 countries since 1st May 04 Certification/Maintenance 8 June 2006

EASA Objectives (1) Establish and maintain a high uniform level of civil aviation safety in Europe; and to ensure a high uniform level of environmental protection to promote cost-efficiency in the regulatory and certification processes and to avoid duplication at national and European level Certification/Maintenance 8 June 2006

EASA Objectives (2) to facilitate the free movement of goods, persons and services to assist Member States in fulfilling their obligations under the Chicago Convention. to promote Community views regarding civil aviation safety standards and rules throughout the world by establishing appropriate cooperation with third countries and international organisations Certification/Maintenance 8 June 2006

Aircraft Transfer under EASA At the date of EASA entry into force (09/2003), most of the “Western” products operated in EU- MS were transferred under EASA responsibility: “Grand-Fathered” Rights were applied when products were found compliant with the EU Essential Requirements, thanks to Member States previous certification and continued airworthiness work. Certification/Maintenance 8 June 2006

The 10 New EU MS Aircraft Fleet situation The 10 new Member States have many different types of CIS built aircraft on their register. CIS built aircraft could not be transferred at the 05/2004 accession date because: The airworthiness systems in which they had been designed and operated was mostly unknown to EASA and former EU 15 MS, and as such, could not be declared compliant with the EU Essential Requirement without further showing Certification/Maintenance 8 June 2006

CIS Built Aircraft Transfer The issue Because of EASA and EU 15 MS limited exposure to relevant airworthiness systems: The Community cannot use them as a basis for a cooperative approach to the transfer of those aircraft under EASA responsibility, however: There are provisions in the EU Regulatory framework to allow continued operation under Member States national systems until 27 March 2007 Certification/Maintenance 8 June 2006

The Issue of Aircraft Transfer: The expectation Commission Regulation (EC) No 1702/2003: A “Catch-Up” Process should be completed: “Westernized” Type Certification Basis using Twin Brother Concept for aircraft, engine and propellers, have to be established and accepted by EASA as compliant with the EU Essential Requirements in order to define a legal basis to issue a EASA Type Certificate Compliance Check-Lists with above “Westernized” TC Basis have to be established and accepted by EASA in order to document the issue of a EASA Type Certificate Certification/Maintenance 8 June 2006

The Issue of Aircraft Transfer: The expectation Commission Regulation (EC) No 2042/2003: The Dissemination of approved data supporting continued airworthiness of the existing fleet should be ensured through the establishment of the appropriate links and workflows between the product manufacturers, the EU Operators, the State of Design Authority, and EASA Certification/Maintenance 8 June 2006

The March 2007 Challenge to Industry & Authorities State of Design Authorities, Industry, & EASA: Have to understand each other airworthiness system in detail Define a minimum set of rules and specifications which would allow EASA to transfer these products Type Certificates under its responsibility Establish appropriate links & workflows for the dissemination of approved data supporting the continued airworthiness of the existing fleet Certification/Maintenance 8 June 2006

Thank your for your attention Any questions ?