developments at easa the effects on the basa /...

© 2012 ADSE AG 1

CONSULTING AND ENGINEERING AG

Developments at EASA

and

the effects on the BASA / PMA

Pieter Ruitenberg

([email protected] )

San Diego, CA, USA

An EASA approved Qualified Entity

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Boeing 737 HELIOS

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Airbus A320 GERMANWINGS

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Learjet Payne Stewart

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Is this a sustainable solution?

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IntroductionOutline

• Last changes at EASA;

– organizational developments

– changes in the regulations

• Changes to the BASA / TIP / MAG

• Effects on PMA

• Future outlook

• Questions

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Introduction

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Introduction

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Introduction

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Introduction

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Organizational changes

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EASA organisation Organisational structure

Per Q3 2015

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Per Q3 2015

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Recent changes to the organisationEASA

Per Q3 2015

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Core tasks:

• Strategy development

• Safety Analysis & Investigation

• Internal Occurrence Reporting System (IORS)

• Safety and Risk Management

• Safety and Business Programmes, Planning and Monitoring

• Safety Promotion

• Technical Training

• International Cooperation


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Per 1st March 2015


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Core tasks:

• Airworthiness and Environmental certification:

o Products

o Parts and Appliances

• Design Organisation Approvals (DOA)) and Oversight

• ADs & SIBs

• Rulemaking

o Initial Airworthiness

o Environment


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Per Q3 2015

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Core tasks:

• Oversight of approved organisations;

• Oversight of Member States (Standardisation);

• Development of Regulatory Material – except initial airworthiness and environment


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Core tasks:

• HR functions

• IT

• Admin of F&C activities

• Accounting

• Budget implementation

• Invoicing

• Procurement

• Travel and conference management


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Changes to the regulations:

- Airworthiness & Environmental Certification

- Continuing Airworthiness

- AMC & GM

- New regulations

- CS amendments

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Recent changes to the regulations

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Changes to EU 748/2012 (03 August 2012):

Commission Regulation (EU) No 1039/2015 amending EC 748 / 2012(30 June 2015) excerpt

Transitional provisions for flight test crew:1. Member States that at 21 July 2015 issued national licences for flight test crew

members other than pilots may continue to do so in accordance with their national law until 31 December 2017. The holders of those licences may continue to exercise their privileges until that date.

2. After 31 December 2017, applicants for or holders of a permit to fly may continue to use the services of pilots engaged in Category Three or Four flight tests referred to in Appendix XII to Annex I to Regulation (EU) No 748/2012 and of flight test engineers that were conducting flight test activities in accordance with the applicable rules of national law before that date. Any such use shall remain limited to the scope of functions of the flight test crew members as established before 31 December 2017.

A complete overview of all amendments to EU 748/2012 can be found here:https://www.easa.europa.eu/regulations

Recent changes to the regulationsNew in IR Certification (Initial Airworthiness) EU 748/2012

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Changes to issue 2 of “AMC and GM to Part 21” (30 October 2012):

ED Decision 2015/016/R amendment 3 of AMC & GM to Part 21 (09 July 2015)

Two new paragraphs, GM 21.A.90B and GM 21.A.431B, are introduced:

• GM 21.A.90B Standard changes — Certification Specifications CS-STAN contains the certification specifications referred to in 21.A.90B(a)2. Guidance on the implementation of Standard Changes and Standard Repairs can be found in AMC M.A.801 of the AMC to Part-M.

• GM 21.A.431B Standard repairs — Certification Specifications CS-STAN contains the certification specifications referred to in 21.A.431B(a)2. Guidance on the implementation of Standard Changes and Standard Repairs can be found in AMC M.A.801 of the AMC to Part-M.

A complete overview of all amendments to issue 2 of AMC & GM to Part 21 can be found here: https://www.easa.europa.eu/regulations

Recent changes to the regulations AMC and GM to IR Certification (Initial Airworthiness)

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Changes to EU 1321/2014 (17 December 2014):

Commission regulation (EU) No. 1088/2015 (10 July 2015) excerptIn Article 3, the following paragraph 4 is added:

4. Maintenance programs approved in accordance with the requirements applicable before 27 July 2015 shall be deemed to have been approved in accordance with the requirements set out in this Regulation.’

Article 8 is amended as follows:

(a) in paragraph (2)(b), the date of ‘28 September 2015’ is replaced by the date of ‘28 September 2016’;

(b) in paragraph (4), ‘Regulation (EC) No 2042/2003’ is replaced by ‘Regulation (EU) No 1149/2011’;

(c) The following paragraph (6) is added: ‘6. By way of derogation from paragraph 1:

(a) Competent authorities or, where applicable, organisations may continue to issue certificates, previous issue, as laid down in Appendix III to Annex I (Part-M) or Appendix II and Appendix III to Annex IV (Part-147) to Regulation (EU) No 1321/2014, in force prior to 27 July 2015, until 31 December 2015.

(b) Certificates issued before 1 January 2016 remain valid until they are changed, suspended or revoked.’

Recent changes to the regulations IR Continuing Airworthiness) EU 1321/2014

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Commission regulation (EU) No. 1088/2015 (10 July 2015) continued

Annex I (Part-M) is amended in accordance with Annex I to this Regulation.

Annex II (Part-145) is amended in accordance with Annex II to this Regulation.

Annex IV (Part-147) is amended in accordance with Annex III to this Regulation.


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Commission regulation (EU) No. 1536/2015 (15 September 2015) contd.Article 2 is amended as follows:

Point (g) is replaced by the following:

‘(g) “commercial air transport (CAT) operation” means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration;’

The following points are added:

‘(n) “critical maintenance task” means a maintenance task that involves the assembly or any disturbance of a system or any part on an aircraft, engine or propeller that, if an error occurred during its performance, could directly endanger the flight safety;

(o) “commercial specialised operations” means those operations subject to the requirements of Part-ORO, Subpart-SPO set out in Annex III to Commission Regulation (EU) No 965/2012 (*);


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Commission regulation (EU) No. 1536/2015 (15 September 2015) contd.Article 2 the following points are added:

(p) “limited operations” means the operations of other-than-complex motor-powered aircraft for:

(i) cost-shared flights by private individuals, on the condition that the direct cost is shared by all the occupants of the aircraft, pilot included and the number of persons sharing the direct costs is limited to six;

(ii)competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the competent authority;

(iii) introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and approved in accordance with Commission Regulation (EU) No 1178/2011 (**), or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisationon the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation;


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Commission regulation (EU) No. 1536/2015 (15 September 2015) contd.Article 2 the following points are added:

For the purpose of this Regulation, “limited operations” are not considered as CAT operations or commercial specialised operations;

(q) “introductory flight” means “introductory flight” as defined in Article 2(9) of Regulation (EU) No 965/2012;

(r) “competition flight” means “competition flight” as defined in Article 2(10) of Regulation (EU) No 965/2012;

(s) “flying display” means “flying display” as defined in Article 2(11) of Regulation (EU) No 965/2012.


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Commission regulation (EU) No. 1536/2015 (15 September 2015) contd.Article 3 is amended as follows: Paragraphs 1, 2 and 3 are replaced by the following:

1. The continuing airworthiness of aircraft referred to in Article 1(a) and components for installation thereon shall be ensured in accordance with the provisions of Annex I.

2. Organisations and personnel involved in the continuing airworthiness of aircraft referred to in Article 1(a) and components for installation thereon, including maintenance, shall comply with Annex I and where appropriate the provisions specified in Articles 4 and 5.

3. By way of derogation from paragraph 1, the continuing airworthiness of aircraft referred to in Article 1(a) holding a permit to fly, shall be ensured on the basis of the specific continuing airworthiness arrangements as defined in the permit to fly issued in accordance with Annex I (Part-21) to Commission Regulation (EU) No 748/2012.’

The following paragraph 5 is added:

5. The continuing airworthiness of aircraft referred to in Article 1(b) and components for installation thereon shall be ensured in accordance with the provisions of Annex Va.’


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Commission regulation (EU) No. 1536/2015 (15 September 2015) contd.In Article 4, paragraph 1 is replaced by the following:

1. Maintenance organisation approvals shall be issued in accordance with the provisions of Annex I, Subpart F, or Annex II.

Article 8 is amended as follows:

In paragraph 2, the following point (c) is added:

c) for aircraft registered in a third country and dry leased-in by air carriers licenced in accordance with Regulation (EC) No 1008/2008, until 25 August 2017, the requirements of Annex Va.’

The following paragraph 2a is inserted: ‘

2a. By way of derogation from paragraph 1, the requirements for aircraft used for commercial specialised operations and CAT other than those by air carriers

licenced in accordance with Regulation (EC) No 1008/2008, set out in Regulation (EU) No 965/2012, as amended by Regulation (EU) No 379/2014 (*), shall apply from 21 April 2017.


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Commission regulation (EU) No. 1536/2015 (15 September 2015) contd.

Annex I (Part-M) is amended in accordance with Annex I to this Regulation.

Annex II (Part-145) is amended in accordance with Annex II to this Regulation.

Annex III (Part-66) is amended in accordance with Annex III to this Regulation.

The text set out in Annex IV to this Regulation is inserted as Annex Va (Part-T).


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Recent changes to the regulations AMC and GM to IR Continuing Airworthiness

• Decision 2015/016/R Amendment 12 of AMC to Part-M(09 July 2015)

• Implementing new AMC M.A.801 for Aircraft Certificate of release to service after embodiment of standard changes and standard repairs in relation to CS-STAN.

• Decision 2015/016/R Amendment 8 of AMC to Part-145(09 July 2015)

• Implementing a new AMC 145.A.50 in Annex II for Certification of maintenance after embodiment of a Standard Change or Standard Repair.

• Decision 2015/020/R Amendment 14 of AMC to Part-66 (17 July 2015)

• Amending Appendix 1 “Aircraft type ratings for Part-66 aircraft maintenance license” of the AMC to Part-66 by introducing new notes on aircraft modified by STC and changes to engines.

A complete overview of all amendments to IR-CA AMC/GM can be found here: https://www.easa.europa.eu/regulations

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• Decision 2015/011/R amendment 3 to AMC and GM to Part-ORA

(15 April 2015)• AMC1 ORA.GEN.200(c) Management - Organisational review inserted.

• GM1 ORA.GEN.200(c) Management system - Organisational review program inserted.

• GM2 ORA.GEN.200(c) Management system – Organisational review Items inserted.

• Decision 2015/023/R amendment 1 to AMC and GM to Part-CC(28 September 2015)

• GM1 Appendix 1 to Part-CC(3) is replaced by AMC1 Appendix 1 to Part-CC

A complete overview of all amendments AMC/GM can be found here:

– https://www.easa.europa.eu/regulations

Recent changes to the regulations AMC and GM to Part ORA, CC

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CS amendments:

2015 / 018 / R CS 23 Amendment 04

2015 / 008 / R CS 25 Amendment 16

2015 / 019 / R CS 25 Amendment 17

Recent changes to the regulations CS Amendments

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AMC 20 amendments:

Amdt. 13 (Decision 2015/017/R) dated 15 July 2015(AMC-20 not published as consolidated version following this Decision)

• New AMC 20-136 “Aircraft Electrical and Electronic System Lightning Protection” has been added.

• New AMC 20-158 “Aircraft Electrical and Electronic System High- Intensity Radiated Fields (HIRF) Protection” has been added.

Recent changes to the regulations AMC 20

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Initial issue, dated 08 May 2015• Decision 2015/013/R

CS-26 contains additional airworthiness specifications for operations in relation to cabin, cargo, exits and markings.

Initial issue, dated 09 July 2015• Decision 2015/013/R

CS-STAN (Standard Changes and Standard Repairs) contains design data with acceptable methods, techniques and practices for carrying out and identifying SCs/SRs. SCs/SRs, designed in compliance with these Certification Specifications, are not subject to an approval process, and, therefore, can be embodied in an aircraft when the conditions set out in the relevant paragraphs of Part-21 for SCs/SRs, i.e. 21.A.90B or 21.A.431B, are met.

A complete overview of all amendments to CS can be found here:https://www.easa.europa.eu/document-library/certification-specifications

Including explanatory notes, change information, the consolidated CS (includes all amendments) and the Decision

New regulationsNew CS

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New regulationsNew Part 26

• Decision 2015/640/R amending decision EU 965/2012 (23 April 2015)

• Implementing new Annex 1 containing Part 26 ADDITIONAL AIRWORTHINESS SPECIFICATIONS FOR OPERATIONS

A complete overview of all New Implementing Rules can be found here:

– https://www.easa.europa.eu/regulations

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EASA Future changes

EASA has published the 2016 – 2020 rulemaking program

RMT.0023 Replacement parts is not in the program

For details see: http://www.easa.europa.eu/system/files/dfu/Final%20RMP%202016-2020%20v6%2020151210.pdf

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EASA – FAA BASA agreement 8312/09 signed 15 March 2011

Effective from May 01 2011

Institutional File 2007/0110 (ACC) and 2007/0111 (ACC) of the Council of the European Union (BASA)

Technical Implementation Procedures for Airworthiness and Environmental Certification (TIP)

Maintenance Annex Guidance (MAG)

Executive Management

Bilateral Oversight Board

Certification Oversight Board

Joint Maintenance Coordination Board

BASA only applicable for the EU Countries under EASA

A letter to be established per non EU country working under EASA to define the conditions

Recent changes to the regulations Bilateral Agreements

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New BASA revision 02 dated 19 February 2014

• With new Revision 5 from 15 September 2015 of Appendix 1 to agreement: Technical Implementation Procedures for Airworthiness and Environmental Certification (TIP) which can be found under:http://easa.europa.eu/system/files/dfu/FAA-EASA%20TIP%20Revision%204.pdf

• With new change 5 from 09 September 2015 of Appendix 2 to agreement: Maintenance Annex Guidance (MAG) which can be found under:http://easa.europa.eu/system/files/dfu/MAG%20Change%204.pdf

• A consolidated text of the bilateral agreement (BASA) can be found here:http://easa.europa.eu/system/files/dfu/Consolidated%20text%20of%20the%20EU_US%20BASA_%20incorporating%20BOB%20decisions%201%20to%205.pdf

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Change examples of updated TIP revision 5:

• TIP change examples on the next slides• Deleted text

• Newly added text

• Unchanged

1.3.4 Maintaining confidence in areas of reciprocal acceptance.

In the areas of reciprocal acceptance of approvals and reciprocal acceptance of findings of compliance, there is no technical involvement by the Validating Authority (VA) in the validation and approval process. For this reason the Certification Oversight Board will implement a periodic sampling process which allows the EASA and FAA Implementation Procedures 1-6 Revision 5, September 2015 as the VA to confirm their continued confidence in the Certificating Authority’s approval and compliance-finding systems in these areas.

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2.2.4 Issuance of Basic STCs

For Basic STCs, after receiving the application form required in 2.0.9.2(a)(1) and 2.0.9.3(a)(1) and application package with the information described in 2.2.2(c) and 2.2.3(d), the VA will acceptverify the CA’s classification as Basic without further technicalthrough review and issue its STC followingof the data provided in the application package described in 2.2.2(c) and 2.2.3(d). If the VA concurs with the Basic classification, the VA will issue the VA STC following receipt of a CA statement of compliance to the VA certification basis, and following issuance of the CA’s STC. The classification criteria for Basic STCs are stipulatedCA STC in Appendix C, Section II, Paragraph 6, of these Technical Implementation Procedures.

(a) If the VA does not concur with the Basic classification, it will notify the CA of the reasons for its non-concurrence.

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2.5 Procedures for Articles Approved to a Technical Standard Order (TSO) or

European Technical Standard Order (ETSO).

Note: The process for reciprocal acceptance of TSO/ETSO articles stipulated

under subparagraph 2.5.1 will enter into force upon signature of Bilateral Oversight

Board Decision 006.

2.5.1 TSO/ETSO Articles Accepted under Reciprocal Acceptance. The process

hereafter referred to as “reciprocal acceptance” requires that the importing

authority shall accept the exporting authority’s TSO Authorization (TSOA) or ETSO

Authorization Authorization (ETSOA) and will not issue it’s own approval.

2.5.1.1 Reciprocal acceptance will be applicable to all current and future TSOA’sand ETSOA’s issued by the FAA or EASA. Reciprocal acceptance is also applicable to article authorizations issued by EASA’s predecessor European AA’s. Note: Article 12 of the BASA defines the territorial applicability of this agreement.

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2.5.1.2 The TSO or ETSO authorization is an approved article within the respective FAA or EASA system, but does not infer installation approval.

2.5.1.3 When the exporting authority does not have a corresponding Technical Standard to that of the importing authority, an applicant may obtain an approval from the exporting authority using the provisions of 14 CFR 21.8(d) or Part 21.A.305. If the exporting authority’s approval is based on assessment of the Technical Standard (TSO/ETSO) of the importing authority, and the production system and marking requirements are assured by the exporting authority’s approval, then the exporting authority’s approval is eligible for reciprocal acceptance.

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2.5.1.4 The reciprocal acceptance of such articles, under the Agreement, shall be based on the following conditions:

(a) The article meets the TSOs or ETSOs, as evidenced by a statement or declaration of conformity by the ETSOA or TSOA;

(b) If applicable, deviations or exemptions from the ETSO or TSO or other standard accepted by EASA and FAA are substantiated and have been approved by the exporting authority;

2.5.1.5 All reciprocally accepted TSOAs and ETSOAs and validations issued by the importing authority prior to the reciprocal acceptance of TSOAs and ETSOAsremain valid unless the approval holder surrenders or the responsible authority suspends or revokes the respective approval.

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2.5.2 TSO/ETSO Articles that are Not Covered under Reciprocal Acceptance and Require Validation by the Importing Authority. Authorizations to any of the following standards continue to require validation by the importing authority. The importing authority shall notify the exporting authority when validation is no longer required for the following:

2.5.2.1 TSO/ETSO-C90 articles containing active components. (ref. FAA Order 8150.4).

2.5.2.2 TSO-C153/ETSO-2C153 integrated modular avionics.

2.5.2.3 TSO-C23 single harness emergency parachutes and all ETSO-C23

parachute equipment.

2.5.2.4 TSO-C77/CS-APU auxiliary power units.

Note: FAA TSO-C148 fasteners, FAA TSO-C149 bearings, FAA TSO-C150 seals, and FAA TSO-C171 clamps are considered standard parts by EASA, and not eligible for an ETSOA.

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