O sistema EASA As novas regras OPS NPA Workshop EASA/INAC Lisboa, Fevereiro 2009

Transcription

1 O sistema EASA As novas regras OPS NPA Workshop EASA/INAC Lisboa, Fevereiro 2009

2 AGENDA I. The institutional and regulatory framework II. The EASA Rulemaking procedure III. Differences with the JAA system IV. The OPS NPA Next steps Slide 2

3 I. The institutional and regulatory framework Slide 3

4 Institutional framework European Community (EC) Agency Legal personality Independence Legal, 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. Slide 4

5 EASA Main mission: to establish and maintain a high uniform level of civil aviation safety and environmental compatibility Additional objectives: Free movement of goods, persons and services Cost efficiency of regulatory processes Effective uniform implementation of ICAO SARPS Promoting Community views at the global level Slide 5

6 The EU legal framework EASA has been established as an independent regulator to meet these objectives by: Preparing the necessary proportionate rules Overseeing their actual implementation Slide 6

7 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. Slide 7

8 Regulatory framework The principles CENTRALISATION THE EXCEPTION The EC Treaty provides however for the delegation of executive powers to the Commission (hard law) or an executive 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 Slide 8

9 Regulatory framework: present regulations structure Basic Regulation Regulation (EC) 216/2008 of 20/02/2008 ER : Annexes I to V Agency Opinion Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification Annex (Part 21) Section A: Application Requirements Section B: administrative Procedures Appendices: EASA forms Regulation (EC) 2042/2003 on Continuing Airworthiness Annex I (Part-M): Continuing Airworthiness Requirements Annex II (Part-145): Maintenance Organisation Approvals Section A: Technical Requirements Section B: Administrative Procedures Appendices: EASA forms Agency Opinion Annex III (Part-66): Certifying Staff Annex IV (Part-147): Training Organisation Requirements Guidance Material Part 21 Parliament and Council European Commission EASA AMC 20 AMC 21 CS 25 CS 34 CS 36 CS E CS P CS APU Certification Specifications 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 Agency CS, AMC & GM Slide 9

10 Regulatory framework: division of competences 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 Slide 10

11 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 Slide 11

12 Regulatory framework: division of competences 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). Slide 12

13 Regulatory framework: division of competences 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, etc Except is some cases, when these aircraft are used in CAT Operations mentioned in article 1(2) BR Military, customs, police and similar Slide 13

14 The EU legal framework PL Ratings, certificates MC ATO FSTD AeMC OPS EASA country MS MS MS MS MS 1 MS MS Non- EASA country MS MS MS EASA EASA EASA EASA 1) EASA, when requested by a MS Slide 14

15 II. The EASA Rulemaking procedure Slide 15

16 EASA Rulemaking Procedure Phase 1: Programming Annual Rulemaking Programme Advance Planning Phase 2: Processing of rulemaking deliverables Opinions, Certification specifications, Acceptable Means of Compliance and Guidance material Slide 16

17 Rulemaking process flowchart Rulemaking Programme D R A F T Initiation Drafting several months Consultation 3 months N P A Review of Comments 3 months (max) A D O P T I O N Publication of CRD ED Decision Publication 2 months Slide 17

18 III. Differences with the JAA system Slide 18

19 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. Slide 19

20 Differences with JAA system performance based rulemaking essential safety elements = rule non-essential implementation aspects = AMC, which have an important role to play in providing for a uniform implementation of common requirements with sufficient flexibility Slide 20

21 Differences with the JAA system 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 Slide 21

22 Differences with the JAA system 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. Slide 22

23 Differences with the JAA system 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 Slide 23

24 Differences with JAA system The structure is different from that of the JARs WHY? Slide 24

25 Differences with JAA system Integrated system of Regulations: Technical requirements contained in the Personnel and the Air Operations Regulation Organisation requirements and management system of organisations Authority requirements Slide 25

26 EASA IR Structure Slide 26

27 IV. The OPS NPA Slide 27

28 OPS content The Agency proposals are based on ICAO Annex 6 follow latest amendments of EU- OPS/JARs: EU-OPS (Reg. 859/2008) / JAR-OPS 1 Amendment 13 / TGL 44 JAR-OPS 3 Amendment 5 Draft JAR-OPS 0,2,4 after A-NPA process /03 take into account JAA NPAs in an advanced phase of adoption (ex: NPA-OPS 39B Datalink recording forward fit) Slide 28

29 OPS content The IRs have been developed using a bottom-up approach: IRs: non-commercial operations with noncomplex motor-powered aircraft. + non-commercial operations with complex motor-powered aircraft; commercial operations Slide 29

30 The OPS NPA 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 Slide 30

31 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 Slide 31

32 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) Slide 32

33 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) Slide 33

34 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) Slide 34

35 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) Slide 35

36 V. Next steps Slide 36

37 The next steps NPAs are published on the Agency s website: NPA public consultation until 15 April 2009 NPA public consultation until 30 May 2009 Anyone can comment! please send your comments using the Comment Response Tool (CRT) Slide 37

38 The next steps 3 months for the revision of comments Every individual comment is considered and answered by the Agency with the help of a review group CRD is published on the website for 2 months EASA sends opinions to Commission Comitology EASA adopts AMC / GM / CS after publication of EC Regulations Spring 2010? Slide 38

39 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 Slide 39

40 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 Slide 40

41 Transition measures 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 Slide 41

42 The next steps 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 Slide 42

43 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 Standards More information on new rules, FAQ Slide 43

44 Thank you for your attention Slide 44