Co-operating with the European Aviation safety Agency 16-17 November 2005 COSCAP – NA Project Steering Group Guangzhou, China

COSCAP – NA Project Steering Group – Guangzhou, China Presentation I. Community objectives II. Technical Co-operation III. Regulatory Co-operation 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

COSCAP – NA Project Steering Group – Guangzhou, China Community objectives Recognising the pivotal role of ICAO in any strategy to improve aviation safety world-wide, the European Community has developed its own aviation safety improvement strategy. To support this strategy, the European Community actively participates in several COSCAP Programmes, but also several EU regional , sub-regional and bilateral programmes. 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

COSCAP – NA Project Steering Group – Guangzhou, China Community objectives The European Community is in favour of the free movement of goods and services, not only within the internal market, but also worldwide within the framework of the World Trade Organisation Treaty. To support this policy and facilitate its implementation it promotes the concept of global certification of aeronautical products and parts: Locally approved, globally accepted 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

COSCAP – NA Project Steering Group – Guangzhou, China Community objectives The international co-operation activities aim therefore at: building appropriate confidence and organising mutual recognition with foreign regulators to make use of their certification/oversight capabilities to verify that aeronautical products imported into EU Member States meet Community safety and environmental protection standards. 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

Technical co-operation Technical co-operation aims at: - raising the technical capability of a foreign regulatory partner so that its findings can be given the same value than those made by ourselves - reaching sufficient harmonisation of both regulatory systems so that each regulator understands, and be able to check compliance with, each other standards. 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

Technical co-operation The Agency assists the Commission notably in: identifying needs, designing projects for upgrading the regulatory capabilities of future partners and overseeing the implementation of co-operation projects. 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

Regulatory co-operation Regulatory co-operation aims at: Organising the assessment of the future partner, - Defining the conditions under which certification findings will be done to be mutually recognised, - Maintaining systems and standards harmonised. Regulatory co-operation is formalised by a bilateral agreement or a working arrangement. 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

Regulatory co-operation 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 bilateral 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). 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

Regulatory co-operation 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. 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

Regulatory co-operation 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 bilateral agreements . Such agreements become Community law and supersede previous agreements. It becomes directly applicable and fully binding to all Member States The Agency may, together with Member States, implement Community agreements as technical executive agent. It may also conclude working arrangements. 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

Regulatory co-operation Bilateral 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 by the legislator. The legal basis depends on the content of the agreement and its impact on Community law. 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

Regulatory co-operation Working arrangements The outsourcing policy 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. 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

Regulatory co-operation 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. 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

COSCAP – NA Project Steering Group – Guangzhou, China Conclusions EASA is responsible for airworthiness and continuing airworthiness (design, production and maintenance). EASA’s mandate will be expanded to operations and licensing (2007), later to airport and ATM. International Co-operation is considered as crucial for EASA. EASA offers its partnership in its field of responsibility. 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

COSCAP – NA Project Steering Group – Guangzhou, China Communications Website: www.easa.eu.int Head of International Cooperation: Mr Thaddée SULOCKI Email address : thaddee.sulocki@easa.eu.int 16-17 November 2005 COSCAP – NA Project Steering Group – Guangzhou, China

Thank your for your attention ! Any questions ? 16-17 November 2005 COSCAP – NA Project Steering Group Guangzhou, China