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EASA Rulemaking

EASA Rulemaking. Daniela Defossar EASA Rulemaking Directorate. Contents. EASA objectives, structure, regulatory framework, status of EASA text The Rulemaking Procedure and process The Rulemaking Programme (OPS & FCL). Objectives of the Agency.

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EASA Rulemaking

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  1. EASA Rulemaking Daniela Defossar EASA Rulemaking Directorate OST

  2. Contents • EASA objectives, structure, regulatory framework, status of EASA text • The Rulemaking Procedureand process • The Rulemaking Programme(OPS & FCL) EASA Rulemaking

  3. 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. EASA Rulemaking

  4. Structure of the Agency ………. Member State Member State Member State Observers European Commission Agency Management Board Board(s) of Appeal Certification Advisory Body of Interested Parties Panels of Experts Rulemaking Executive Director Safety Standards Consultative Committee Advisory Group of National Authorities EASA Rulemaking

  5. Directorates of the Agency EASA Rulemaking

  6. Regulatory framework Agency Opinion Parliament & Council Commission Agency Opinion EASA Agency CS, AMC & GM EASA Rulemaking

  7. Status of EASA text • Applicability; basic principles and essential requirements: • Binding; adopted by the legislator under co-decision; 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 EASA Rulemaking

  8. Contents • The Rulemaking Procedureand process EASA Rulemaking

  9. 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” EASA Rulemaking

  10. Rulemaking process flowchart EASA Rulemaking

  11. 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 EASA Rulemaking

  12. 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 enhancementprogrammes EASA Rulemaking

  13. Rulemaking process • Initiation: • Draw up Terms of Reference after consulting AGNA and SSCC and publication • definition of task • timetable • format of deliverable • 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 EASA Rulemaking

  14. Rulemaking process • Drafting: • Agency is responsible to ensure that drafting satisfies ToR • Assign unique NPA reference code • Publish NPA, including • proposed rule • explanatory note • significant, contentious or interface issues • situation with respect to ICAO and non-EU • full RIA EASA Rulemaking

  15. 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 EASA Rulemaking

  16. 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 • NPA reference code • position with justification EASA Rulemaking

  17. 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 EASA Rulemaking

  18. 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 EASA Rulemaking

  19. Contents • The Rulemaking Programme(OPS & FCL) EASA Rulemaking

  20. Rulemaking programme • OPS.001 Extension to Air Operations • Develop implementing rules based on JAR-OPS 0,1,2,3 and 4 and “EU-OPS” and the input from the group MDM.032 • OPS.004 Extension to Third country aircraft • Develop implementing rule based on SAFA Directive and FAR-129 EASA Rulemaking

  21. Rulemaking programme • MDM.032 Non –complex aircraft used in non-commercial operations • It will deal mainly with interoperability requirements that are common to all types of activities and the regulation of non complex aircraft used in non-commercial activities. This covers a Part OPS 0 and the requirements for issuing the envisaged Recreational PPL. Finally this group will be invited to make suggestions for rethinking the regulatory framework (as proposed in GERT) and adapt it to the complexity of the aircraft. In other words, this group will be required to propose a coherent system adapted to the needs the smaller end of civil aviation as the American FAA did itself when devising its rules for the regulation of light sport aviation. EASA Rulemaking

  22. Rulemaking programme • FCL.001 Extension to Flight Crew Licensing - based on JAR-FCL 1, 2, 3 and JAR-STD • Develop Implementing Rules for pilot licensing and qualification of other personnel, based on JAR-FCL 1, 2, 3 and JAR-STD, ICAO Annex 1, EU-OPS, and the input from the group MDM.032 EASA Rulemaking

  23. Rulemaking process THANK YOU FOR YOUR ATTENTION QUESTIONS? www.easa.eu.int EASA Rulemaking

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