Claude Probst European Aviation Safety Agency Mapping the bilateral environment for aviation safety Co-operating with the European Community Claude Probst European Aviation Safety Agency

Presentation I. The principles II. Co-operation with ECAC countries III. Co-operation with other partners

The principles The EC Treaty is based on the principle that the Community acts as a legislator, while Member States apply Community law under Community control. In a domain where Community competence has been established, Member States may no more act individually, particularly vis-à-vis third country. The Community has legal personality and may conclude international agreements . Such agreements become Community law and supersede previous agreements.

The principles The EC Treaty provides for the delegation of executive powers to the Commission or to an Agency. The Commission is the representative of the Community. It negotiates Community agreements and oversees their implementations. An Agency may, together with Member States, implement Community agreements as technical executive agent. It may also conclude working arrangements.

The principles If the co-operation aim at creating obligations on Member States or the Community or at allowing deviations from Community law, it shall be established by means of a formal agreement concluded by the Community itself (article 9.1 of the EASA Regulation). If the co-operation only commits the Agency for the execution of its certification tasks, it may be established by means of a working arrangement concluded by the Agency (article 18.2 of the EASA Regulation).

The principles When adopting the EASA Regulation the Community committed itself to : associating all JAA members and other ECAC countries; maintaining current partnerships for certification / validation and harmonisation with other aeronautical partners.

Co-operation with ECAC countries The EASA Regulation can be integrated in the acquis of the EEA, EU/CH Agreements or of similar Association Agreements: Partner countries are assimilated to Member States. They shall delegate to the European Court of Justice, the Commission and the Agency the powers specified in the EASA Regulation.

Co-operation with ECAC countries Where no such far reaching association can be agreed, full JAA Members can retain their current rights in the JAA through a bilateral aviation safety agreement with the Community. Agency membership of JAA provides for an interim solution. JAA procedures have been amended accordingly

Co-operation with ECAC countries As a first step continuation of existing agreements or arrangements provides for a temporary solution to maintain acquired rights (article 9.2 of EASA Regulation). That however freezes the situation to current privileges and may create imbalance. New agreements or arrangements with Community’s major foreign partner countries shall be concluded in the future.

Co-operation with other partners Formal agreement The Commission negotiates on the basis of an authorisation granted by the Council which specifies its negotiating directives. When negotiations are concluded, the finalisation of the agreement requires formal approval, on the basis of a European Parliament and Council act, whose legal basis depends on the content of the agreement and its impact on Community law.

Co-operation with other partners Bilateral Aviation Safety Agreements There is no precedent of agreements concluded by the Community delegating powers to the Commission for concluding implementation agreements. All implementation procedures shall be part of the agreement itself and concluded by the Community. The Commission can however be given the power to adapt/update such procedures.

Co-operation with major aeronautical partners Bilateral Aviation Safety Agreements The EASA shall be designated under the Agreement as a/the certification body competent for some tasks, as well as NAAs, depending on the internal sharing of roles. Entry into force of the provisions of the agreement is linked to appropriate reciprocal confidence building procedures.

Co-operation with other partners Working arrangements The Agency’s Management Board has adopted an outsourcing policy, which allows the Agency to allocate certification tasks to accredited national authorities of third countries. The accreditation process has for objective to verify that the partner authority is able to implement Agency’s certification requirements and procedures. The co-operation shall be subject to a working arrangement.

Co-operation with major aeronautical partners Working arrangements Such arrangements could be generic and cover a range of certification tasks. They can also be limited to individual projects. The choice depends on the scope of past co-operation and established confidence.