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CNS/ATM SG meeting EASA, Cologne, 20.06.2007-21.06.2007 Maria Algar Ruiz

EU-OPS, EASA Regulatory Framework, JAA Transition Update. CNS/ATM SG meeting EASA, Cologne, 20.06.2007-21.06.2007 Maria Algar Ruiz. Contents. EU-OPS EASA Regulatory framework The regulatory framework EASA Rulemaking Procedure JAA Transition to EASA. EU-OPS.

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CNS/ATM SG meeting EASA, Cologne, 20.06.2007-21.06.2007 Maria Algar Ruiz

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  1. EU-OPS, EASA Regulatory Framework, JAA Transition Update CNS/ATM SG meeting EASA, Cologne, 20.06.2007-21.06.2007 Maria Algar Ruiz CLH

  2. Contents • EU-OPS • EASA Regulatory framework • The regulatory framework • EASA Rulemaking Procedure • JAA Transition to EASA EASA Rulemaking

  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 EASA Rulemaking

  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. EASA Rulemaking

  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 EASA Rulemaking

  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 will be considered 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 EASA Rulemaking

  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 EASA Rulemaking

  8. 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 EASA Rulemaking

  9. 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 EASA Rulemaking

  10. 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 EASA Rulemaking

  11. EASA Regulatory framework Agency Opinion Parliament & Council Commission Agency Opinion EASA Agency CS, AMC & GM EASA Rulemaking

  12. EASA: Rulemaking • Rulemaking procedure adopted in 2003 by the Management Board (EASA MB/7/03) • 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 Working Groups (WG) • Regulatory Impact Assessment (RIA) • Complementary procedures adopted by the Executive Director (e.g. RIA; composition of WG) EASA Rulemaking

  13. EASA Rulemaking process flowchart EASA Rulemaking

  14. JAAT UPDATE • In implementing the so called FUJA Report (Future of JAA) the JAA has now entered into a new phase as of 1 January 2007. • In this new phase the former 'JAA' has become 'JAA T' (Transition). JAA T: Liaison Office (JAA LO) and a Training Office (JAA TO), based in Hofddorp, The Netherlands. • The offices of JAA LO (10 stuff) is, since 1 March 2007, located in the premises of EASA in Cologne, Germany. • JAA LO competence in the fields of LIC and responsible for amending JAR-FCL , JAR-STD, JAR-MMEL/MEL and guidance material for the fields of OPS and FCL. EASA Rulemaking

  15. JAA transition to EASA-UPDATE • Technical work for amending JARs 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). EASA Rulemaking

  16. How to proceed for new proposals • All pending work (new proposals) to be transferred to the EASA inventory using the appropriate form (1) • Preparation of the pre-RIA (2) to assist the AGNA/SSCC in prioritisation of the tasks on the inventory • Based on the priority on the inventory of the tasks, the AGNA/SSCC will then towards the end of the running year approve the rulemaking programme for the coming year EASA Rulemaking

  17. How to proceed for new proposals for guidance material • All pending work affecting JAR-OPS 1 to be transferred to the EASA inventory using the appropriate form (1) • Preparation of the pre-RIA (2) to assist the AGNA/SSCC in prioritisation of the tasks on the inventory • Based on the priority on the inventory of the tasks, the AGNA/SSCC will then towards the end of the running year approve the rulemaking programme for the coming year EASA Rulemaking

  18. THANK YOU FOR YOUR ATTENTION QUESTIONS? www.easa.europa.eu EASA Rulemaking

  19. Contents • EASA Rulemaking • OPS + Licensing implementing rules EASA Rulemaking

  20. The Commission proposal • 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. http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=de&DosId=193564 • The Commission proposal is being discussed by the European Parliament and the Council. The legislative process (co-decision) usually lasts 18 months (mid 2007). • The adoption of the implementing rules (commitology) may last between 9 to 12 additional months (mid 2008). • Certain transition periods could apply. • With the entry into force of the implementing rules EU-OPS will be repealed. EASA Rulemaking

  21. The Commission proposal • Commercial activities shall be subject to implementing rules covering pilot licensing and air operations. • Such rules shall be based on JAR-FCL and JAR-OPS 1, 3 and 4. • Their implementation shall normally be carried out at national level. • The Agency shall however be given some powers to issue approvals to foreign organisations, to issue operational directives and to approve deviations from standard provisions as appropriate. EASA Rulemaking

  22. Rulemaking programme • OPS.001 Extension to Air Operations • FCL.001 Extension to Flight Crew Licensing http://www.easa.europa.eu/home/rm_tor_en.html EASA Rulemaking

  23. Rulemaking programme • 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)… EASA Rulemaking

  24. Rulemaking programme • 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)… EASA Rulemaking

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