1. The EASA System
Tallinn, 6 May 2009

2. 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
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3. I. EASA structure
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4. DGINT/2

5. 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
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6. 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
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7. 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

8. 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

9. 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

10. II. The institutional and regulatory framework
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11. 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.
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12. 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.

13. 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
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14. 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.
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15. 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

16. 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
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17. 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

18. 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
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19. 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
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20. 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

21. 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
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22. 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).

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

24. III. The EASA Rulemaking procedure
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25. 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 .
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26. Rulemaking process flowchart

27. IV. Differences with the JAA system
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28. 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.
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29. 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

30. 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.
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31. 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
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32. V. Structure of future EASA rules
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33. 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

34. 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

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

36. NPA Planning Publication Date Title End of Comment Period Opinion
to Commission
Publication
Official Journal
05 Jun 2008
Pilot Licensing
NPA (a)-(c)
28 Feb 2009
Aug 2009
May 2010
31 Oct 2008
Organisation & Authority Requirements
(general elements and those related to NPA )
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

37. The NPA’s The NPA’s: will be published on the Agency’s website
Anyone can comment!
please send your comments using the Comment Response Tool (CRT)
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38. Dr. Virgilijus Valentukevicius
Thank you
Dr. Virgilijus Valentukevicius