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

EU-OPS, EASA Regulatory Framework, JAA Transition Update. CSSG #34 meeting EASA, Cologne, 28.09.2007 Maria Algar Ruiz. Contents. EU-OPS EASA Regulatory framework The regulatory framework EASA Rulemaking Procedure JAA Transition to EASA Extension of Scope of EASA Basic Regulation.

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

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  1. EU-OPS, EASA Regulatory Framework, JAA Transition Update CSSG #34 meeting EASA, Cologne, 28.09.2007 Maria Algar Ruiz Flight Standards Unit, Rulemaking DirectorateCLH

  2. Contents • EU-OPS • EASA Regulatory framework • The regulatory framework • EASA Rulemaking Procedure • JAA Transition to EASA • Extension of Scope of EASA Basic Regulation Flight Standards Unit, Rulemaking Directorate

  3. EU-OPS • Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, Annex III, as amended by • Regulation (EC) No 1899/2006 of the European Parliament and of the Council of 12 December 2006 • entry into force: 16 January 2007 • 18 months transition • applies from 16 July 2008 Flight Standards Unit, Rulemaking Directorate

  4. EU-OPS • Regulation = • general measure that is binding in all its parts • addressed to everyone • directly applicable, which means that it creates law which takes immediate effect in all the Member States. Flight Standards Unit, Rulemaking Directorate

  5. EU-OPS • Equals JAR-OPS 1 Amdm. 8 + amended Subparts O cabin crew and Q FTL • updates that will probably follow: • JAR-OPS 1 up to Amdm. 12 + • JAR-OPS 1 Amdm. 13 NPAs + • a few other NPAs that are close to finish within the JAA rulemaking process • Commitology • no Section 2 Flight Standards Unit, Rulemaking Directorate

  6. Decision by the Commission • This means that EU Member States must stop developping JAR-OPS 1 any further. Effectively this means that the OST has to stop working on JAR-OPS 1 • 10 NPA’s have be considered by ASC (Air safety Committee) for amending EU-OPS before it becomes effective • All other work should to be transferred to EASA rulemaking program according to the EASA rulemaking procedures Flight Standards Unit, Rulemaking Directorate

  7. EU-OPS NPAs seclected by ASC • NPA-OPS 39B HF • NPA-OPS 41 AWO • NPA-OPS 45 Required CC during ground ops • NPA-OPS 52 CC training for icing conditions • NPA-OPS 54 CC training on medical aspects and FA training • NPA-OPS 58 Terminology & Fuel • NPA-OPS 40A ETOPS • NPA-OPS 49 Use of Headset • NPA-OPS 53 Noise abatement • NPA-OPS 57A Elec Naviagtion Data Mgmt Flight Standards Unit, Rulemaking Directorate

  8. EU-OPS 1 • Does not make reference to JAR-26: • ‘…(b) An operator shall comply with the applicable retroactive airworthiness requirements for aeroplanes operated for the purpose of commercial air transportation…’ • EU Member states may still implement JAR-26 • RM tasks in JAA RM programme for 2007-2008 approved by JAAC + RM task ‘Dynamic Seat Testing 16g’ shall be completed under JAA umbrella and following the Rulemaking Procedures for the transition as agreed between JAA and EASA: http://www.easa.europa.eu/home/r_jaa_npa.html Flight Standards Unit, Rulemaking Directorate

  9. JAA transition to EASA-UPDATE • Technical work for amending JARs (JAR-26, JAR-MMEL/MEL, JAR-STD and JAR-FCL) carried out by EASA rulemaking officers. • Sectorial Teams (OST and LST) still existing and chaired by EASA person. • Final adoption of NPAs to JARs by JAAC. • JAAT Rulemaking Process based on JAR-11 and adopted by JAAC (JAAC 06-4 in November 2006). Flight Standards Unit, Rulemaking Directorate

  10. How to proceed for new proposals • Urgent safety issues must be addressed. • New proposals, not included in JAA Rulemaking Programme for 2007-2008, to be transferred to EASA’s inventory using the appropriate form: ’proposal form for annual rulemaking programme’ • Further processing following EASA rulemaking procedures once EASA have competence. Flight Standards Unit, Rulemaking Directorate

  11. Basic Regulation Regulation (EC) 1592/2002 of 15 July 2002 Annex I : Essential Requirements for Airworthiness Annex II : Excluded Aircraft EASA Regulatory framework: the Basic Regulation • The Parliamentand the Council define the Scope of Powers transferredfrom the Member Statesto the Community • They adopt the Essential Requirements specifying the objectives to be met Flight Standards Unit, Rulemaking Directorate

  12. Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification Regulation (EC) 2042/2003 on Continuing Airworthiness Section A: Application Requirements Annex I (Part-M): Continuing Airworthiness Requirements Section A: Technical Requirements Annex (Part 21) Section B: Administrative Procedures Section B: Administrative Procedures Appendices: EASA forms Annex II (Part-145): Maintenance Organisation Approvals Appendices: EASA forms Annex III (Part-66): AML Annex IV (Part-147): Training Organisation Requirements EASA Regulatory framework: the Implementing Rules • The Commission adopts standards for implementing the essential requirements Flight Standards Unit, Rulemaking Directorate

  13. Guidance Material Part 21 Certification Specifications AMC & Guidance Material Parts M, 145, 66, 147 AMC 20 AMC 21 CS 25 CS 34 CS 36 CS E CS P CS APU CS 22 CS 23 CS 27 CS 29 CS VLA CS VLR CS AWO CS ETSO CS Definitions EASA Regulatory framework: the Agency’s soft law • The Agency adopts non binding standards for implementing the essential requirements Flight Standards Unit, Rulemaking Directorate

  14. EASA Regulatory framework Agency Opinion Parliament & Council Commission Agency Opinion EASA Agency CS, AMC & GM Flight Standards Unit, Rulemaking Directorate

  15. EASA: Rulemaking • Management Board Decision MB/08/2007 of 13.06.2007 amending and replacing Decision MB/07/2003 concerning the procedure to be applied by the Agency for the issuing of Opinions, Certification Specifications and Guidance Material (“Rulemaking Procedure”). Flight Standards Unit, Rulemaking Directorate

  16. EASA: Rulemaking • The ‘Rulemaking Procedure’ highlights • Programming assisted by two advisory bodies (AGNA/SSCC): • Annual Rulemaking program • Inventory • Notice of Proposed Amendments (NPA) • Drafting/review of comments by the Agency or Drafting Groups (DG) • Regulatory Impact Assessment (RIA) • Complementary procedures adopted by the Executive Director (e.g. RIA; composition of DG) Flight Standards Unit, Rulemaking Directorate

  17. EASA Rulemaking process flowchart Flight Standards Unit, Rulemaking Directorate

  18. Contents • EASA Rulemaking • OPS + Licensing implementing rules Flight Standards Unit, Rulemaking Directorate

  19. Extension of Scope of EASA • The Commission adopted a legislative proposal on 15 November 2005 [COM(2005) 579 final], for the extension of the EASA Regulation to air operations, pilot licensing and third country aircraft, based on the Agency Opinion 3/2004. • The Commission proposal is being discussed by the European Parliament and the Council. • Once the legislative proposal has been adopted. The adoption of the implementing rules (commitology) may last between 9 to 12 additional months • Certain transition periods could apply. • With the entry into force of the implementing rules EU-OPS will be repealed. Flight Standards Unit, Rulemaking Directorate

  20. Extension of Scope of EASA • OPS.001 Extension to Air Operations • FCL.001 Extension to Flight Crew Licensing http://www.easa.europa.eu/home/rm_tor_en.html Flight Standards Unit, Rulemaking Directorate

  21. Extension to Air Operations • OPS.001 subgroups: CAT, Non-commercial complex A/C, AW, Authorities & SMS • OPS.001 working basis: EU-OPS + JAR-OPS 1&3 and tbd JAA NPA-OPS; draft JAR-OPS 0, 2, 4, JAA JIPs, ICAO Annex 6, plus results of MDM.032 (requirements applicable to non-complex aircraft engaged in non-commercial operations) Flight Standards Unit, Rulemaking Directorate

  22. Extension to Flight Crew Licensing • FCL.001 subgroups: Transfer of JARs, Non-JAR Licenses, Medical, Authorities & SMS • FCL.001 working basis: JAR-FCL 1, JAR-FCL 2, JAR-FCL 3, JAR-STDs and tbd JAA NPA-LICs, ICAO Annex 1 and JAA JIPs, plus results of MDM.032 (requirements applicable to non-complex aircraft engaged in non-commercial operations) . Flight Standards Unit, Rulemaking Directorate

  23. Final conclusions • EU-OPS 1 applies from 16 July 2008 • Member States may use JAR-26 until EASA gets competence • Work on JAR-26 items described in JAA RM programme for 2007-2008 must continue • Legislative proposal for extension of scope of EASA Basic Regulation Flight Standards Unit, Rulemaking Directorate

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