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EASA rulemaking procedure

EASA rulemaking procedure. Jules Kneepkens Rulemaking Director , EASA 30-Jan- 2013. Scope. Regulatory framework Rulemaking Procedure ATM Performance Based Regulation Enforcement policy. Regulatory framework. EASA.

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EASA rulemaking procedure

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  1. EASA rulemaking procedure Jules Kneepkens RulemakingDirector, EASA 30-Jan- 2013

  2. Scope Regulatory framework Rulemaking Procedure ATM Performance Based Regulation Enforcement policy

  3. Regulatory framework EASA Rulemaking procedure

  4. EASA “We have established a European Aviation Safety Agencywhich is independent in relation to technical matters and has legal, administrative and financial autonomy.” S. Kallas European Commission Vice President • EASA is located in Cologne, Germany • It employs around 600 professionals from all EASA Member States

  5. EASA system – ‘Key players’ EU COMMISSION Adopts implementing rules & enforcement measures Comitology Opinions Reports STAKEHOLDERS via SSCC STATES • Implement rules • Issue (most) certificates and licences • Oversee organisations and personnel • Advise EASA (e.g. rulemaking groups) EASA • Proposes IRs (Opinions) • Adopts - AMC, CS & GM • Standardisation inspection • Issues (rarely) certificates • Assists States & stake- holders to apply the rules MB/RAG/TAG Standardisation

  6. Regulatory Framework Regulation (EC) No 1108/2009 Basic Regulation (EC) No 216/2008 Basic Regulation (EC) No 1592/2202 Airworthiness Flight Standards ATM/ANS Initial Airworthiness Continuing Airworthiness Air Crew ANS Providers OPS Air Traffic Controllers Licences ATM/ANS Oversight AUR and ACAS II SERA

  7. Opinions & Decisions Opinions Legally ‘binding‘ Implementing Rules (IR) Decisions Legally ‘non-binding‘ Certification Specifications (CS) Acceptable Means of Compliance (AMC) Guidance Material (GM) EASA Rulemaking procedure

  8. EASA Rulemaking Procedure EASA Rulemaking procedure

  9. RulemakingProcedure ToR NPA RIA Decision Opinion Task initiation Public Consult Draft Rule Analyse the issue and develop RIA Analysis of comments and finalreview 4-year Rule making Programme Note of Proposed Amendment Termsof Reference Regulatory Impact Assessment Total time for rule development: 8-33 months EASA Rulemaking procedure

  10. Adoption of Opinions European Commission EASA Committee Internal Service Consultation Adoption & publication EASA Opinion CommisionDRAFT Final DRAFT Comitology Procedure EASA Rulemaking procedure

  11. ATM EASA Rulemaking procedure

  12. EASA tasks in ATM STANDARDISATION Inspections of NSAs RULEMAKING - ATM ‘SAFETY ADVISER’ in SES implementation OVERSIGHT • pan-European service providers • non-EU ANSPs • non-EU ATCO & ATM training org. • Network manager SAFETY ANALYSIS - covering ATM/ANS

  13. ATM rulemaking – on-going

  14. Aerodrome (ADR) rules - status • Rules - ADR operator and oversight requirements, ADR operations & ADR design • Publication of CRD on Nov 26, 2012 • Reaction Period of CRD until February 3, 2013) • Publication of Final Opinion Final Opinion

  15. ADR rulemaking – on-going

  16. Performance Based regulation EASA Rulemaking procedure

  17. Performance based rules –how did we get there? Performance Based Regulation

  18. The regulatory spectrum Performance Based Regulation

  19. Prescriptive vs. performance-based In practice, a combination of prescriptive and performance based regulatory elements are present at different degrees in almost all EASA rules. Performance Based Regulation

  20. Measuring performance “information costs” both for the regulator and regulated entities Performance Based Regulation

  21. Hard law / Soft law The Agency's approach: • Place essential safety elements in the rules “Hard Law” • Leave non-essential implementation aspects to Certification Specifications (CS) or Acceptable Means of Compliance (AMC) “Soft Law” Despite their non-binding nature, the CS and AMC play an important role in providing sufficient flexibility in the implementation of the European Union requirements.

  22. When implementing Performance Schemes Proper change management is needed, considering all trade-offs in terms of : • Efficiency (cost/benefit) • Effectiveness (to mitigate safety risks / achieve the safety objectives), • Equity and fairness • Clarity and transparency • Maturity of management systems (of regulators and regulated persons) Performance Based Regulation

  23. Enforcement policy EASA Rulemaking procedure

  24. EASA Standardisation Inspection EASA Standardisation Inspection: working methods Regulation (EC) No 736/2006 defines the working methods(as required by Art. 24(5) of Basic Regulation) for conducting standardisation inspections of Member States’ Competent Authorities in the fields covered by Article 1(1) of Reg. 216/2008. - Entry into force: 01.06.2006 - Amended by Regulation (EU) No 90/2012 (02.02.2012)

  25. EASA Standardisation Inspection The Agency: • shall carry out inspections ofCompetent Authorities (CAs); • shall examine in particular complianceofCAs with the applicable provisions of Reg. 216/2008 and its Implementing Rules in the fields of airworthiness, air operations, ramp inspections, air crew, air traffic controllers as well as ATM and ANS; • shall establish a report thereon. Inspections mayinclude inspections of undertakings under the oversight of the inspectedAuthority. Inspections shall be conducted on a regular and, where appropriate, on an ad-hocbasis.

  26. EASA Standardisation Inspection A standardisation inspection shall include the following phases: (a) a preparatory phase, lasting a minimum of 10 weeks prior to the inspection (Article 8); (b) a visiting phase (Article 9); (c) a reporting phase, lasting a maximum of 12 weeks following the inspection (Article 10); (d) a follow-up phase, lasting a maximum of 16 weeks following the reporting phase (Article 11); (e) a closure phase, to take place at the end of the follow-up phase (Article 12).

  27. Follow-up phase EASA Standardisation Inspection The overall picture of the standardisation inspection process: Wrap-up meeting Preliminary meeting Closing session Opening session FCC On Site 16 weeks max 10 weeks min 12 weeks max As necessary As agreed SofC Closure Phase Visiting phase Reporting phase Preparatory phase Suppl. Report Action Plan Final Report Inspection Notice + Quest. Inspection Programme Preliminary Report

  28. Thank you for your attention

  29. Example of IR, AMC, GM CAT.OP.MPA.165 Passenger seating The operator shall establish procedures to ensure that passengers are seated where, in the event that an emergency evacuation is required, they are able to assist and not hinder evacuation of the aircraft. AMC1 CAT.OP.MPA.165 Passenger seating PROCEDURES The operator should make provision so that: • those passengers who are allocated seats that permit direct access to emergency exits appear to be reasonably fit, strong and able to assist the rapid evacuation of the aircraft in an emergency after an appropriate briefing by the crew; • in all cases, passengers who, because of their condition, might hinder other passengers during an evacuation or who might impede the crew in carrying out their duties, should not be allocated seats that permit direct access to emergency exits. If procedures cannot be reasonably implemented at the time of passenger ‘check-in’, the operator should establish an alternative procedure which ensures that the correct seat allocations will, in due course, be made. GM1 CAT.OP.MPA.165 Passenger seating DIRECT ACCESS ‘Direct access’ means a seat from which a passenger can proceed directly to the exit without entering an aisle or passing around an obstruction. EASA Rulemaking procedure

  30. Example of IR, AMC, GM ORA.GEN.150 Findings After receipt of notification of findings, the organisation shall: identify the root cause of the non-compliance; define a corrective action plan; and demonstrate corrective action implementation to the satisfaction of the competent authority within a period agreed with that authority as defined in ARA.GEN.350(d). AMC1 ORA.GEN.150(b) Findings GENERAL The corrective action plan defined by the organisation should address the effects of the non-conformity, as well as its root-cause. GM1 ORA.GEN.150 Findings GENERAL Corrective action is the action to eliminate or mitigate the root cause(s) and prevent recurrence of an existing detected non-compliance or other undesirable condition or situation. Proper determination of the root cause is crucial for defining effective corrective actions. EASA Rulemaking procedure

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