CSSG #34 Meeting EASA, Cologne, 28.09.2007 Maria Algar Ruiz

1. EASA Rulemaking Task 21.039:Elaboration and adoption under theCommunity framework of additional airworthiness specifications for a given type of aircraft and type of operation CSSG #34 Meeting EASA, Cologne, 28.09.2007 Maria Algar Ruiz EASA Rulemaking

2. Contents • Background • EASA Rulemaking task 21.039 • Terms of Reference • Working Methods • Progress update EASA Rulemaking

3. BACKGROUND • TODAY: • Joint Operational Evaluation Board (JOEB) is still under JAA umbrella managed by EASA Flight Standards Certification (JAAT-EASA Contract). • JOEB process enables NAAs to approve the minimum syllabus of pilot and cabin crew type rating training, the master minimum equipment list, EFBs, EVS, HUD and other technology which may impact Operations  single assessment acceptable to all JAA MS. • JOEB may also include FSTD qualification for new products. EASA Rulemaking

4. BACKGROUND • TODAY: • Minimum syllabus of maintenance certifying staff type rating is not established by the TC holder  maintennace syllabi are approved locally by the NAA or established by a Part-147 approved organisation. • Additional airworthiness requirements that are necessary for certain kind of operations are incorporated in either operational rules, JAR-26 or airworthiness notices. EASA Rulemaking

5. BACKGROUND • TRANSITION TO EASA: • EASA Opinion 3/2004  additional specifications for a given type of aircraft and type of operation (JOEB output +plus items in JAR-26), become mandatory for all aircraft referred to in Article 4(1)(a),(b),(c) of BR through a decision of the Agency. • European agencies can not set binding standards of general application: • Agency approval linked to the TC it complements. • The conditions under which the Agency would issue such a decision shall be specified in Regulation 1702/2003 (Part 21). • Maintain the current JOEB concept. EASA Rulemaking

6. BACKGROUND • WHY?/BENEFIT: • Provide a uniform, systematic and consistent methodology for the assessment of all elements relating to: • Training and qualification of flight crew and cabin crew; • MMEL; • Compliance with operational rules including Operational Suitability with special emphasis on Normal-, Abnormal- and Emergency Procedures and all other Operational Documentation. for a new aircraft type or a derivative of an existing aircraft type. • Agency considers: • Safety and uniformity is best promoted by adopting, as appropriate, the output of the JOEB. • Need to integrate JOEB process into EASA framework. EASA Rulemaking

7. BACKGROUND • WHY?/BENEFIT: • The transfer of JAR-26 need to be done after the legislative proposal has been approved. • Proper link need to established between the airworthiness, continuing airworthiness and operational use of a aircraft type. EASA Rulemaking

8. BACKGROUND • New Article 5 of Basic Regulation: • ‘… Article 5 Airworthiness … 4. The Commission shall adopt, in accordance with the procedure laid down in Article 54(3), the rules for the implementation of this Article, specifying in particular: … e) conditions to issue, maintain, amend, suspend or revoke type- certificates, restricted type-certificates, approval of changes to type-certificates, individual certificates of airworthiness, restricted certificates of airworthiness, permits to fly and certificates for products, parts or appliances, including: … (iv) the minimum syllabus of maintenance certifying staff type rating training to ensure compliance with paragraph (2)(e); (v) the minimum syllabus of pilot type rating and qualification of associated simulators to ensure compliance with Article 6a; (vi) the master minimum equipment list as appropriate and additional airworthiness specifications for a given type of operation to ensure compliance with Article 6b.’ EASA Rulemaking

9. BACKGROUND • While the legislative process for introducing the legal basis that would allow the Agency to make such decisions is not yet finished, it is necessary to initiate work!!! • to show how the new system would work; • to be ready for the extension of the scope of the Basic Regulation. EASA Rulemaking

10. Contents • EASA Rulemaking task 21.039 • Terms of Reference • Working Methods EASA Rulemaking

11. TERMS OF REFERENCE • Rulemaking Directorate drafted ToR Nr. 21.039 for this Rulemaking task: http://www.easa.europa.eu/doc/Rulemaking/TOR%2021.039%20Issue%201.pdf • ToRs include: problem justification, objectives, specific tasks, working methods and time scale. • Under the responsibility of Product Safety Unit within RM Directorate (Initial Airworthiness). • Close coordination with Flight Standards RM and C is ensured. EASA Rulemaking

12. WORKING METHODS • RM Directorate decided to establish a Rulemaking group: http://www.easa.europa.eu/doc/Rulemaking/gc/GC%2021.039%20Issue%202.pdf • Drafting group’s composition by RM Directorate and advised by AGNA, SSCC. ED’s decision. EASA Rulemaking

13. Contents • Progress report EASA Rulemaking

14. Progress report • 4 meetings of drafting group have taken place • Deliverable ‘NPA’ is planned for 1QTR08 2008 (to be published once EASA gets competence) • Drafting group composition have been expanded to include operators and also FAA and TCCA as observers. EASA Rulemaking

15. Progress report • As agreed at the 4th meeting proposal for transfer of JAR-26 will be develop by the Agency and will be presented to the drafting group • Agency and drafting group are working in various options for amending Part-21 and for links with IR-OPS and IR-FCL. EASA Rulemaking

16. Final conclusions • For the transfer of JAR-26, JAR-MMEL/MEL (only MMEL requirements) and JOEB activities to EASA framework, RM task 21.039 have been created • The RM task is progressing and deliverables are planned for 1QTR08 EASA Rulemaking