Explanation of the Top Three Options

1. Explanation of theTop Three Options Presented by Baruch MAROM – GULFSTREAM Frank MANUHUTU – CENTRAL JAA

2. Top three ranking of options • Option 8: a standard based on the harmonised FAR/JAR developed by FAA and JAA and “adopted” by ICAO; • Option 11: an IAR (International Aviation Requirement) developed jointly by States through a cooperation agreement and “adopted” by ICAO; • Option 7: a standard based on the harmonised FAR/JAR and adopted by individual States on a voluntary basis;

3. Use of harmonised FAR/JAR(Options 7 and 8) • Continue current process for a harmonised FAR JAR • Widely accepted by authorities and industry • “90% harmonised” • Solid basis for recognition of FAR/JAR products • Procedures and standards well known

4. Use of harmonised FAR/JAR (cont’d) • Existing rulemaking procedure • No involvement of non FAA/JAA countries • No legal bindingness for other States • “10% not harmonised” include strongly held differences

5. One code, one location; Potential to ease certification and recognition Could be more cost effective Allows redirecting resources to higher safety priorities Standards and procedures to be developed from scratch; Need for an international arrangement/lack of legal framework Financing IAR-system unclear International Aviation Requirements (option 11)

6. Option 7: harmonised FAR/JAR incorporated on voluntary basis Process • FAA and JAA develop and maintain the FAR/JAR • Process: Harmonisation Work Program • Involvement States: FAA and JAA countries are involved in the development; other countries not involved (except consultation), but may be invited in the process

7. Option 7: harmonised FAR/JAR incorporated on voluntary basis Implementation in national law • on voluntary basis • Implementation made by reference or FAR/JAR text fully transposed • National variants are possible • Reduction NV responsibility of each State • Basis for mutual understanding NV to be established

8. Option 11: IAR based on cooperation agreement and incorporated by ICAO Process • States develop jointly standards as IAR through an international cooperation agreement • Rulemaking process to be developed • All interested authorities and parties may participate • Harmonised FAR/JAR likely to be basis IAR • Developed IAR submitted to ICAO

9. Option 11 (cont’d): IAR based on cooperation agreement and incorporated by ICAO “Adoption by ICAO” • ICAO may make use of available ICAO instruments, like: Technical instruction, Appendix, Attachment, etc. • Each ICAO instrument has its own process for “adoption”

10. Option 11 (cont’d): IAR based on cooperation agreement and incorporated by ICAO Implementation in national law • Individual States may implement IAR on voluntary basis • Individual States may implement IAR as “adopted” by ICAO • Implementation by reference or of complete language • National variants minimised and listed

11. Option 8: harmonised FAR/JAR developed by FAA/JAA and incorporated by ICAO Process • FAA and JAA develop and maintain the FAR/JAR • Process: Harmonisation Work Program • Involvement States: FAA and JAA countries are involved in the development; other countries not involved (except consultation), but may be invited in the process

12. Option 8: harmonised FAR/JAR developed by FAA/JAA and incorporated by ICAO “Adoption by ICAO” • ICAO may make use of available ICAO instruments, like: Technical instruction, Appendix, Attachment, etc. • Each ICAO instrument has its own process for “adoption”

13. Option 8: harmonised FAR/JAR developed by FAA/JAA and incorporated by ICAO Implementation in national law • Individual States may implement harmonised FAR/JAR on voluntary basis • Individual States may implement harmonised FAR/JAR as “adopted” by ICAO • Implementation of complete language or by reference • National variants possible and can be listed

14. Top three ranking of options What needs to be done to get from current state to the options

15. From the current state to option 7 • Increase awareness of the status of the FAA/JAA harmonisation Work Program • Encourage States to adopt the FAR or JAR into national law • Encourage minimisation of National Variants • Complete current harmonisation while aiming for fewer differences • Give further consideration of inviting other authorities/interested parties to participate • Assess level of implementation

16. From the current state to option 8 • Inform ICAO of the decision at Phoenix FAA/JAA International Conference • All steps of Option 7 • Identify the method to identify the differences between FAR and JAR • Promote the Harmonised FAR/JAR • Assessment – Decision whether to go ahead

17. From the current state to option 8 (cont’d) • Seek ICAO agreement for bringing harmonised FAR/JAR under ICAO umbrella • Determine the desired level of ICAO “bindingness” to achieve “adoption” • Consider proper tools to list additional national requirements • Determine instrument for ICAO to implement the option • Seek ICAO advice on the mechanisme for desired level of “bindingness” • Assessment – Decision whether to go ahead

18. From the current state to option 8 (cont’d) • Promote recognition of the Harmonised FAR/JAR under ICAO umbrella • ICAO action to provide the proper mechanism • Work to implement under ICAO • Assess level of implementation

19. From the current state to option 11 • Inform ICAO of the decision at Phoenix FAA/JAA International Conference, and • Seek ICAO agreement for bringing harmonised FAR/JAR under ICAO umbrella • Assessment – Decision whether to go ahead

20. From the current state to option 11 (cont’d) • Determine the development and negotiation process for a cooperation arrangement (preparatory stage) • Determine the arrangment for forming the International Work Group (possible within ICAO) • Determine the (working)procedures for the development and adoption of the IAR

21. From the current state to option 11 (cont’d) • Determine the Baseline for IAR. • Take into account existing national design requirements and existing harmonised JAR/FAR codes, and • Include additional national requirements (environmental and operational), and • The relevant certification guidance and supporting material. • Assessment – Decision whether to go ahead

22. From the current state to option 11 (cont’d) • Form international Working Group • Develop, establish, publish initial IAR • Encourage States to choose IAR for their national regulation • Maintain IAR • Consider proper tools to list and minimise National Variants • Determine the desired level of ICAO “bindingness” to achieve “adoption”

23. From the current state to option 11 (cont’d) • Determine instrument for ICAO to implement the option • Promote adoption of the IAR under ICAO umbrella • Seek ICAO advice on the mechanisme for desired level of “bindingness” • Assessment – Decision whether to go ahead • ICAO action to provide proper mechanism • Assess level of implementation