EASA Rulemaking Daniela Defossar EASA Rulemaking Directorate 21

EASA Rulemaking Daniela Defossar EASA Rulemaking Directorate 21 June 2004 EAMTC Defossar

European Aviation Safety Agency Contents EASA objectives, structure, regulatory framework, status of EASA text The Rulemaking Procedure and process The Rulemaking Programme (Part-66 and Part-147) 21 June 2004 EASA Rulemaking 2

European Aviation Safety Agency Objectives of the Agency Establish and maintain a high uniform level of aviation safety in Europe; Ensure a high uniform level of environmental protection; Facilitate the free movement of goods, persons and services; Promote cost efficiency in the regulatory and certification processes and avoid duplication at national and European level; Assist Member States in fulfilling their ICAO obligations; Promote Community views through co-operation with third countries and international organisations. 21 June 2004 EASA Rulemaking 3

European Aviation Safety Agency Structure of the Agency Member State ………. Member State Observers European Commission Management Board Advisory Body of Interested Parties ion t a c tifi Board(s) of Appeal Panels of Experts Cer Executive Director Safety Standards Consultative Committee 21 June 2004 Agency EASA Rulemaking Rulemakin g Advisory Group of National Authorities 4

European Aviation Safety Agency Directorates of the Agency Executive Director P. GOUDOU Safety Analysis Communications Risk Management Rulemaking C. PROBST Certification N. LOHL Quality & Standardisation F. BANAL Administrative M. JUNKKARI Environmental Protection Programmes Standardisation Finance & Budget International Cooperation Products Quality Assurance Human Resources Flight Standards Organisations Technical Training Legal Service ICT & Tech. Services Product Safety 21 June 2004 EASA Rulemaking 5

European Aviation Safety Agency Regulatory framework Annex I : Essential Requirements for Airworthiness Basic Regulation (EC) 1592/2002 of 15 July 2002 Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification Annex (Part 21) Section A: Application Requirements Section B: administrative Procedures Appendices: EASA forms Annex II : Excluded Aircraft Regulation (EC) 2042/2003 on Continuing Airworthiness Annex I (Part-M): Continuing Airworthiness Requirements Section A: Technical Requirements Annex II (Part-145): Maintenance Organisation Approvals Appendices: EASA forms Agency Opinion Section B: Administrative Procedures Annex III (Part-66): Certifying Staff Annex IV (Part-147): Training Organisation Requirements Guidance Material Part 21 Parliament and Council European Commission EASA 21 June 2004 Certification Specifications 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 AMC & Guidance Material Part M, 145, 66, 147 EASA Rulemaking Agency CS , AMC & GM 6

European Aviation Safety Agency Status of EASA text Applicability; basic principles and essential requirements: Binding; adopted by the legislator under codecision; included in Regulation Implementing Rules: Binding; will be adopted by the Commission under comitology process following an Opinion from the Agency Certification Specification, guidance: Generally not binding but may be binding on individual application; adopted by the Agency Working methods of the Agency: Binding for the Agency; adopted by the Management Board 21 June 2004 EASA Rulemaking 7

European Aviation Safety Agency Contents The Rulemaking Procedure and process 21 June 2004 EASA Rulemaking 8

European Aviation Safety Agency The Rulemaking Procedure The Agency’s Management Board shall adopt rulemaking procedures (Article 43 of EASA Regulation) Decision MB/7/03, 17 June 2003 set the procedure for the issuing of opinions, certification specifications and guidance material: “Rulemaking Procedure” 21 June 2004 EASA Rulemaking 9

European Aviation Safety Agency Rulemaking process Programming Initiation Drafting Consultation Review of comments Adoption and Publication 21 June 2004 EASA Rulemaking 10

European Aviation Safety Agency Rulemaking process Programming: the Agency shall establish annual rulemaking programmes in consultation with AGNA and SSCC any person may propose issues priorities Preliminary Regulatory Impact Assessments publication 21 June 2004 EASA Rulemaking 11

European Aviation Safety Agency Rulemaking process Programming takes account of: EASA objectives: safety, environmental protection, free movement, cost-efficiency Criteria for implementing rules: state of the art, experience and technical progress Developments in European and international law Harmonisation with non-EU partners Risk assessment studies and research need to correct implementation problems results of air accident investigations technological and scientific progress needs of emerging air traffic enhancement programmes 21 June 2004 EASA Rulemaking 12

European Aviation Safety Agency Rulemaking process Initiation: Draw up Terms of Reference after consulting AGNA and SSCC and publication definition of task Q timetable Q format of deliverable Q Choose between drafting group or Agency resources If drafting group: Agency decides on composition after consulting AGNA and SSCC Agency to provide support to groups 21 June 2004 EASA Rulemaking 13

European Aviation Safety Agency Rulemaking process Drafting: Agency is responsible to ensure that drafting satisfies To. R Assign unique NPA reference code Publish NPA, including proposed rule Q explanatory note Q significant, contentious or interface issues Q situation with respect to ICAO and non-EU Q full RIA Q 21 June 2004 EASA Rulemaking 14

European Aviation Safety Agency Rulemaking process Drafting takes account of: EU law, in particular objectives and ER ICAO Standards and Practices Harmonisation with non-EU partners results of air accident investigations timely implementation of proposed rules compatibility with existing rules aviation safety and environmental requirements technological and scientific developments regulatory impact 21 June 2004 EASA Rulemaking 15

European Aviation Safety Agency Rulemaking process Consultation: Any person may comment Consultation period: 3 months although Agency may decide on different period extensions can be granted only in exceptional cases Comments shall contain: identification of the comment provider Q NPA reference code Q position with justification Q 21 June 2004 EASA Rulemaking 16

European Aviation Safety Agency Rulemaking process Review of comments: By original drafter(s) and experts not involved in the drafting Comment response document (CRD) to be published 3 months after consultation Above period can be amended If significant differences: Agency may decide to re-circulate If major objections from NAA’s (for rules to be applied by MS), Agency shall consult AGNA 21 June 2004 EASA Rulemaking 17

European Aviation Safety Agency Rulemaking process Adoption and publication: Agency will issue opinion/decision not earlier than 2 months after publication of CRD Rules and explanatory memorandum to be published in Agency’s official publication 21 June 2004 EASA Rulemaking 18

European Aviation Safety Agency Contents The Rulemaking Programme (Part-66 and Part-147) 21 June 2004 EASA Rulemaking 19

European Aviation Safety Agency Rulemaking programme Part-66: AMC Appendix I - ongoing RM task 66. 004 paragraph 66. A. 10 Time limit for demonstrating compliance with knowledge and experience requirements - ongoing/NPA to be published Dec 2006 66. 007 Question Data Bank 66. 008 paragraph 66. A. 40 Re-issuance of the aircraft maintenance licence - ongoing/NPA to be published Dec 2006 66. 011 paragraph 66. A. 45(a) Type training ongoing/NPA to be published Sep 2006 21 June 2004 EASA Rulemaking 20

European Aviation Safety Agency Rulemaking programme Part-66: 66. 006 paragraph 66. A. 20 Privileges of B 1/B 2 66. 009 paragraph 66. A. 45 Group ratings and experience requirements and concept of simple/complex aircraft 66. 012 paragraph 66. A. 45 (c) Limitation on duration of validity of type training course 66. 013 Medical drugs and alcohol policy 66. 014 Component certifying staff 66. 016 update of Appendices I + II Basic knowledge requirements and Basic examination standards 21 June 2004 EASA Rulemaking 21

European Aviation Safety Agency Rulemaking programme Part-147: 147. 005 AMC 147. A. 110 Records of instructors, examiners and assessors ongoing/AMC to be published Jan 2006 147. 003 paragraph 147. A. 105(e) Independence of assessors and examiners 147. 004 paragraph 147. A. 115 Instructional equipment 21 June 2004 EASA Rulemaking 22

European Aviation Safety Agency Rulemaking process THANK YOU FOR YOUR ATTENTION QUESTIONS? www. easa. eu. int 21 June 2004 EASA Rulemaking 23