1. 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

2. 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

3. 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

4. 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

5. 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

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

7. 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

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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. Thank your for your attention Any questions ?