o sistema easa as novas regras ops – npa 2009-02 · o sistema easa as novas regras ops – npa...

O sistema EASAAs novas regras OPS – NPA

2009-02

Workshop EASA/INACLisboa, 19-20 Fevereiro 2009

European Aviation Safety Agency

AGENDA

I. The institutional and regulatory framework

II. The EASA Rulemaking procedure

III. Differences with the JAA system

IV. The OPS NPA

Next steps


I. The institutional and regulatory framework


European Community (EC) AgencyLegal personality IndependenceLegal, 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.

Institutional framework


EASA

Main mission:to establish and maintain a high uniformlevel of civil aviation safety and environmental compatibility

Additional objectives:Free movement of goods, persons and servicesCost efficiency of regulatory processesEffective uniform implementation of ICAO SARPSPromoting Community views at the global level


EASA has been established as an independent regulator to meet these objectives by:

Preparing the necessary proportionaterules

Overseeing their actual implementation

The EU legal framework


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.


Regulatory framework

The principles

… CENTRALISATION THE EXCEPTION

The EC Treaty provides however for the delegation of executive powers to the Commission (hard law) or anexecutive 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


Regulatory framework: present regulations structure

Guidance Material

Part 21

Regulation (EC) 2042/2003on Continuing Airworthiness

Annex I (Part-M):Continuing Airworthiness Requirements

Annex II (Part-145): Maintenance Organisation Approvals

Annex III (Part-66):Certifying Staff

Annex IV (Part-147):Training Organisation Requirements

Annex (Part 21)

Section A: Technical Requirements

Section B: administrative Procedures

CertificationSpecifications

AMC 20AMC 21CS 25CS 34CS 36CS ECS PCS APU

CS 22CS 23CS 27CS 29CS VLACS VLR

CS AWOCS ETSOCS Definitions

Section A: Application Requirements

Section B: Administrative Procedures

Appendices: EASA forms

Appendices: EASA forms

Basic RegulationRegulation (EC) 216/2008 of 20/02/2008

EASA

European Commission

AgencyOpinion

AgencyOpinion

Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification

AgencyCS ,

AMC & GM

ER :Annexes I to V

AMC & Guidance Material

Part M, 145,66,147

Parliament and Council


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

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




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).



Member States National Aviation Authorities (cont.):

Approve alternative means of compliance;

Maintain full competence in the fields not transferred to Community competence:

Aircraft mentioned in Annex 2 to the BR Eg. Ultra-lights, historical, military, experimental, etcExcept is some cases, when these aircraft are used in CAT

Operations mentioned in article 1(2) BRMilitary, customs, police and similar


1) EASA, when requested by a MS

PL Ratings, certificates MC ATO FSTD AeMC OPS

EASAcountry MS MS MS MS MS1 MS MS

EASANon-EASAcountry

MS MS MS EASA EASA EASA

The EU legal framework


II. The EASA Rulemaking procedure


EASA Rulemaking Procedure

Phase 1: ProgrammingAnnual Rulemaking Programme Advance Planning

Phase 2: Processing of rulemaking deliverablesOpinions, Certification specifications, Acceptable Means of Compliance and Guidance material


Rulemaking process flowchart

several months

3 months

3 months (max)

2 months

Rulemaking Programme

Initiation

Drafting

Consultation

Review of Comments

Publication of CRD

ED Decision

DRAFT

ADOPT ION

NPA

Publication


III. 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 JAR-FCL was ‘downgraded’ to AMC.

Differences with the JAA system


Differences with JAA system

performance based rulemakingessential safety elements = rulenon-essential implementation aspects = AMC, which have an important role to play in providing for a uniform implementation of common requirements with sufficient flexibility



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


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.



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



The structure is differentfrom that of the JARs

WHY?




Integrated system of Regulations:

Technical requirementscontained in the Personnel and the Air Operations Regulation

Organisation requirements and management system of organisations

Authority requirements


EASA IR Structure


IV. The OPS NPA


The Agency proposals are based on ICAO Annex 6follow latest amendments of EU-

OPS/JARs:EU-OPS (Reg. 859/2008) / JAR-OPS 1 Amendment 13 / TGL 44JAR-OPS 3 Amendment 5Draft JAR-OPS 0,2,4 after A-NPA process - 2002/03

take into account JAA NPAs in an advanced phase of adoption (ex: NPA-OPS 39B Datalink recording forward fit)

OPS content


The IRs have been developed using a bottom-up approach:

IRs:non-commercial operations with non-

complex motor-powered aircraft.

+non-commercial operations with

complex motor-powered aircraft; commercial operations

OPS content


The OPS NPA is divided into 5 separate documents:Explanatory note and Regulatory Impact Assessment

(RIA)

Draft opinion and decision Part-OPS

Draft opinion and decision on Subpart OR.OPS of Part Organisation Requirements (OR)

Draft opinion and decision Subpart AR.OPS of Part Authority Requirements (AR)

Draft opinion and decision Part Cabin Crew (CC) and amendments to Part Medical relating to cabin crew

The OPS NPA


The explanatory note:Describes the background, structure and content of the Agency’s proposal

Contains cross reference tables JARs-Parts

The Regulatory Impact Assessment (RIA):Studies the impact of the Agency‘s proposal

The OPS NPA


The draft opinion and decision Part-OPS contains:

The draft implementing rules Part-OPS (draft opinion)

The draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) to Part-OPS (draft decision)

The OPS NPA


The draft opinion and decision on Subpart OR.OPS (Organisation Requirements OPS) contains:

The draft implementing rules Subpart OR.OPS (draft opinion)

The draft Acceptable Means of Compliance (AMC), Guidance Material (GM) and Flight Time Limitation Certification Specification (CS) to Subpart OR.OPS (draft decision)

The OPS NPA


The draft opinion and decision on Subpart AR.OPS (Authority Requirements OPS) contains:

The draft implementing rules Subpart AR.OPS / CC (draft opinion)

The draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) to Subpart AR.OPS / CC (draft decision)

The OPS NPA


The draft opinion and decision on Part-CC (Cabin Crew) contains:

The draft implementing rules Part-CC (draft opinion)

The draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) to Part-CC (draft decision)

The draft implementing rules on the cabin crew medical as complement to Part-MED (Medical) (draft opinion)

The OPS NPA


V. Next steps


NPAs are published on the Agency’s website:

NPA 2008-22 – public consultation until 15 April 2009

NPA 2009-02 – public consultation until 30 May 2009

Anyone can comment!

please send your comments using the Comment Response Tool (CRT)

http://hub.easa.europa.eu/crt/

The next steps

http://hub.easa.europa.eu/crt/


3 months for the revision of commentsEvery individual comment is considered and

answered by the Agency with the help of a review group

CRD is published on the website for 2 monthsEASA sends opinions to Commission

ComitologyEASA adopts AMC / GM / CS after publication

of EC RegulationsSpring 2010?

The next steps


Transitions measures - BR Art. 70 Applicability of the relevant articles as specified in their respective IRs, but not later than 8 April 2012

In the meantime, “EU OPS” and the national rules that adopted JARs into national systems continue to apply

EASA proposals for transition measures can be found n the explanatory notes

The next steps


Transition measures:

Differentiated introduction of the requirements

JAR requirements vs new requirements

certificates issued iaw EU-OPS/JAR-OPS 3 requirements and associated procedures = issued in accordance with the Implementing Rules

The next steps


EASA proposal

Appropriate transition measures will be defined for Member States not recommended for mutual recognition by the JAA for JAR-OPS 3

Sufficient time will be given to allow for the change of manuals

Transition measures


EASA is also preparing for the transition:

A roadmap group has been set up to ensure that all necessary resources will be in place

The creation of panel of experts in close relation with Standardisation and Rulemaking is being considered

To provide technical advice on harmonisation issues, namely the evaluation of alternative AMCs

The next steps


EASA is also preparing for the transition:

E-tool - EASA initiated work on an electronic tool to help stakeholders in their day-to-day activity and to facilitate the use of the new structure and requirements

e-tool provides for easy identification of the requirements applicable to each activity

Mini-website Flight StandardsMore information on new rules, FAQhttp://easa.europa.eu/flightstandards/index.html

The next steps


Thank youfor your attention

o sistema easa as novas regras ops – npa 2009-02 · o sistema easa as novas regras ops – npa...

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