International Federation of Air Traffic Safety Electronics Associations Eurogroup 06-2016 EU Regulations & EASA-Rules affecting ATSEPs by Uwe Schindler June, 16th - Madeira

Opinion 03-2014 new Implementing Rule … a Puzzle ATSEP EU 376 Reporting Opinion 03-2014 new Implementing Rule nnn SES 2+ EU 1035 Implementing Rule EU 549-552 EU 216 Basic Regulation SESAR  a      BR: (EC) No 216/2008 ->common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC EU-regs: EU 549 / 550 / 551 / 552: Framework / Service Provision / Airspace / Interoperability 550 (Service Prov.)  FAB, Projects, Pilot Common Proj. 552 (Interoperab.):  Voice-Com, FMTP, IFPL, SUR/ModeS, ADQ, DataLink, A-CDM, AMHS 

A List EU 549-552 (2004) (Framework, Service, Airspace, Interoperability) EU 216/2008: common rules in civil aviation and EASA (Basic Regulation) EU 1035/2011: common Requirements for ANS (Implementing Rule) 3a. Opinion 03-2014 EU xxxx (new Implementing Rule) EU 376/2014: Reporting, Occurances, Just Culture? SESAR: Research SES 2+ Open Aviation market? Social dialogue ?? 216/2008: Safety Oversight, ATCO License, common Rules and Requirements, EASA SESAR directly linked to Treaty of EU SES 2+: Speech by Transport Commissioner Violeta Bulc at the Aviation Summit: "Time for delivery“  Compedetivness / Efficiency / Open Market, EU Aviation market, Airlines & Airports, 376/2014: Just Culture Declaration signed October 1st 2015 by the ATM partners in Europe (CANSO, IFATCA, IFATSEA, ETF, ATCEUC and IFAIMA) along with the European Commission and the Airlines

An Overview      a a  BR: (EC) No 216/2008 ->common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC EU-regs: EU 549 / 550 / 551 / 552: Framework / Service Provision / Airspace / Interoperability 550 (Service Prov.)  FAB, Projects, Pilot Common Proj. 552 (Interoperab.):  Voice-Com, FMTP, IFPL, SUR/ModeS, ADQ, DataLink, A-CDM, AMHS a 

EU 549-552 Service+Interoperability ATSEP Regulations ATSEP Regulations EU 216 Basic Regulation EU 549-552 Service+Interoperability EASA opinion 03-2014 new Implementing Rule (rep. 1034,1035 …) EU 376 Reporting BR: (EC) No 216/2008 ->common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC EU-regs: EU 549 / 550 / 551 / 552: Framework / Service Provision / Airspace / Interoperability 550 (Service Prov.)  FAB, Projects, Pilot Common Proj. 552 (Interoperab.):  Voice-Com, FMTP, IFPL, SUR/ModeS, ADQ, DataLink, A-CDM, AMHS

216 - Basic Regulation 216 – Basic Regulation 1035 common Requirem. 1034 Safety Oversight EASA ATCO License … EASA-opinion 2014-03: 1035: common Requirem. 1034: Safety Oversight, role of EASA BR: (EC) No 216/2008 ->common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (IRs): EU 1035/2011: common Requirements for ANS

Regulations and Rules   a   EASA opinion 2014-03 Voice-Com, FMTP, IFPL, SUR/ModeS, ADQ, DataLink, A-CDM, AMHS BR: (EC) No 216/2008 ->common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC EU-regs: EU 549 / 550 / 551 / 552: Framework / Service Provision / Airspace / Interoperability 550 (Service Prov.)  FAB, Projects, Pilot Common Proj. 552 (Interoperab.):  Voice-Com, FMTP, IFPL, SUR/ModeS, ADQ, DataLink, A-CDM, AMHS 

Regulations and Rules a

SES 2+  a

New Aviation Strategy a TRAN Commissioner Violetta Bulc: a strong drive/compulsion to (open) Aviation Market can be realized

Reporting 

Thank you for your Attention

B a c k u p

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EASA – ATSEP rulemaking, UPDATE Regulation (EU) No 376/2014 (Reporting) Just Culture Declaration signed October 1st 2015 EASA Opinion 03/2014 requirements for ANSPs, oversight, and ATSEP training last minute insertion in the IR for ATSEP !!! Regulation (EU) No 376/2014 (3 April 2014)  reporting, analysis and follow-up of occurrences in civil aviation

EASA – ATSEP rulemaking, UPDATE 1. Just Culture Declaration was signed on October 1st 2015 by the ATM partners in Europe (CANSO, IFATCA, IFATSEA, ETF, ATCEUC and IFAIMA) along with the European Commission and the Airlines Regulation (EU) No 376/2014 (3 April 2014)  reporting, analysis and follow-up of occurrences in civil aviation

EASA – ATSEP rulemaking, UPDATE Regulation (EU) No 376/2014 (3 April 2014)  reporting, analysis and follow-up of occurrences in civil aviation

EASA – ATSEP rulemaking, UPDATE 2. EASA Opinion 03/2014 requirements for ANSPs, oversight, and ATSEP training Regulation (EU) No 376/2014 (3 April 2014)  reporting, analysis and follow-up of occurrences in civil aviation

European Aviation Safety Agency (EASA) EASA Opinion 03/2014 Requirements for service providers and the oversight thereof Objective: Fill the gap between Basic Reg. (EC) No. 216/2011 and the existing Implement. Rules (1034/2011, 1035/201) Defining requirements for ANSPs, oversight, and ATSEP training Amalgamation of existing rules: (the following rules will be integrated in the new Regulation) (EC) No 1034/2011 (safety oversight) (EC) No 1035/2011 (common requirements) (EC) No 482/2008 (software safety assurance system)

Current structure Future structure European Aviation Safety Agency (EASA) Current structure Future structure  Regulation (EC) 216/2008 (1108) Regulation (EU)1034/2011 Regulation (EU)1035/2011 Regulation (EC) 549/550/551/552 Regulation (EC) 216/2008 (1108) Regulation (EU) xxx/201x (EASA Opinion 03/2014) (EASA NPA 08/2013) Regulation (EC) 549/550/551/552

scope of the services as specified in Annex Vb to Regulation (EC) No 216/2008

European Aviation Safety Agency (EASA) Finalise draft ATSEP rules Explanatory Note Regulatory Impact Assessment September 2012 Q2 2013 Q4 2015 ? NPA Public consultation CRD Public consultation Opinion Adoption EC

EASA – ATSEP rulemaking, UPDATE 2. EASA Opinion 03/2014 last minute insertion in the IR for ATSEP !!! Regulation (EU) No 376/2014 (3 April 2014)  reporting, analysis and follow-up of occurrences in civil aviation

Annex XIII of opinion 03/2014 (ATSEP) European Aviation Safety Agency (EASA) Annex XIII of opinion 03/2014 (ATSEP) Annex XIII — Requirements for personnel training and competence assessment (Part-PERS) SUBPART A —AIR TRAFFIC SAFETY ELECTRONIC PERSONNEL Section 1 — General ATSEP.OR.100 Scope (a) This Subpart establishes the requirements to be met by the service provider with respect to the training and the competence assessment of Air Traffic Safety Electronics Personnel (ATSEP). (b) For the service providers applying for a limited certificate under ATM/ANS.OR.A.010(a) and (b) and/or declaring its activities under ATM/ANS.OR.A.015, the minimum requirements to be met by that service providers with respect to the training and the competence assessment of ATSEP may be determined by the competent authority. They shall be based on qualification, experience and recent experience, to maintain specific equipment or types of equipment and ensuring equivalent level of safety. .....

Annex XIII of opinion 03/2014 (ATSEP) European Aviation Safety Agency (EASA) Annex XIII of opinion 03/2014 (ATSEP) (b) For the service providers applying for a limited certificate under ATM/ANS.OR.A.010(a) and (b) and/or declaring its activities under ATM/ANS.OR.A.015, the minimum requirements to be met by that service providers with respect to the training and the competence assessment of ATSEP may be determined by the competent authority. Director Eurogroup Costas Christoforou: This new paragraph came as a big surprise to us and its impact may cause big damage to the results of many years of valuable work done by ATSEP subject matters. Between 2006 and 2009 all ANPS in Europe contributed to the transformation of the ATSEP guidelines into a detail Specification document containing the minimum training requirement for ATSEP Basic and Qualification CCCTraining. The CCC was approved by all member states. It is indeed a drawback for the whole regulation, since it introducing “dangerous discounts and constructive ambiguities”

Annex XIII of opinion 03/2014 (ATSEP) European Aviation Safety Agency (EASA) Annex XIII of opinion 03/2014 (ATSEP) As I mentioned in my previous email, this new proposed amendment may cause a serious setback to many years of valuable work done on ATSEP related issues. This proposed text is in total contradiction with EASA standardization philosophy which is the main goal of the new regulation being based on the NPA 2013-8. It is indeed a drawback for the whole regulation, since it introducing “dangerous discounts in requirements and ‘constructive’ ambiguities”. This new exception will result to different competence schemes for ATSEP personnel being employed by similar ANSP with limited certificate with direct impacts on safety.   It is very unfortunate that this amendment has been done without prior proper consultation and agreement with all stakeholders; which is a very strange practice on behalf of EASA and EC. As this insertion seems to try to favor some smaller ANSPs at the end it may destroy the scope of the new regulation. The small ANSPs should comply solely with the regulation because despite the cost, it is aviation safety that matters. We cannot tailor a regulation to suit everyone because this is not the main purpose and aim which is standardize, harmonize and improve safety. ANS Services are well known and are subject to Certification, on the contrary ANS Functions, are not Services and therefore they cannot provide CNS services. We can't have any discounts on Safety, especially when new technologies and the applied automation will increase the accountabilities and responsibilities of ATSEP in the SESAR era.

European Aviation Safety Agency (EASA) Status of now AMCs (240 pages, 140 for ATSEP training requirements Impacts of the new insertion? New exceptions and ambiguities!

Thank you for your Attention

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European Aviation Safety Agency (EASA) 1035/2011 Annex I General Annex II ATS 3.3 ETP Annex III MET Annex IV AIS Annex V CNS 1035/2011 ATM/ANS Reg Annex I General CR Subpart A General Subpart B Cert&Dec Subpart C Add resp Subpart D Managt Annex II ANS/ATFM Annex III ATS Add req Tech. req Annex III MET Annex IV AIS&DAT Annex V CNS Add. req Annex VI ATFM Annex VII ASM Annex VIII ASD Annex IX Personnel Tech & Eng

Air Traffic Management (ATM) Air Navigation Services (ANS) European Aviation Safety Agency (EASA) Regulation (EEC) No 1592 / 2002 Competence EASA Regulation Airworthiness Environmental compatibility Initial Regulation (EC) No 216 / 2008 Flight Crew Licensing (FCL) Operation of Aircraft (OPS) Safety of foreign operators 1st ext. No 1108 / 2010 Aerodromes Air Traffic Management (ATM) Air Navigation Services (ANS) 2nd ext. EASA “Basic Regulation“ (“BR“)

Binding Non-binding European Aviation Safety Agency (EASA) EC Council / EP Essential requirements Guidance material Acceptable means of compliance Implementing Rules Certification specifications Binding Non-binding EASA BR ATM Rule Development

Annexes of EASA opinion 03/2014 European Aviation Safety Agency (EASA) Annexes of EASA opinion 03/2014 Annex V — Specific requirements for the provision of meteorological services (Part-MET) Subpart A — Additional organisation requirements for the provision of meteorological services (MET.OR) Subpart B — Technical requirements for the provision of meteorological services (MET.TR) Annex VI — Specific requirements for the provision of aeronautical information services (Part-AIS) Annex VII — Specific requirements for the provision of Data for airspace users for the purpose of air navigation (Part-DAT) Annex VIII — Specific requirements for the provision of communication, navigation or surveillance services (Part-CNS) Annex IX — Specific requirements for the provision of air traffic flow management (Part-ATFM) Annex X — Specific requirements for the provision of airspace management (Part-ASM) Annex XI — Specific requirements for the provision of airspace design (Part-ASD) Annex XII — Specific requirements for the provision of other ATM network functions (Part-NM) Annex XIII — Requirements for personnel training and competence assessment (Part-PERS) Subpart A — Air traffic safety electronics personnel (ATSEP)

European Aviation Safety Agency (EASA)

Implementing rules AMC/GM European Aviation Safety Agency (EASA) Implementing rules Chapter 1 – ANSP xxx Subpart 1 – General Subpart 2 – Management Subpart 3 – Specific organisational Requirements Subpart 4 – xxx AMC/GM AMC/GM: Requirements for different types of ANSPs Requirements for Oversight functions/bodies ATSEP Training (CCC) - Initial/Continuation T - Assessors - Language

European Aviation Safety Agency (EASA) Clarification Specifies who is an ATSEP – Consistent with the current proposed European definition of ATSEP. Not clear what is « safety-related task » - it is proposed to reduce the confusion by linking this term to the systems and not to the personnel. General requirement to establish such programme – Guidance material is proposed The language criteria is seen as necessary to ensure fulfilment of the task Chapter 1 Scope Identification of safety-related systems Training and competence assess programme Language proficiency

Training requirements European Aviation Safety Agency (EASA) Clarification Contains the three mandatory phase of training and the necessary continuation training. Requirements for Basic training up to level of subject and topics in IRs – the remaining content of the CCC is contained in AMCs. Splitted into « shared » and « Streams » with the same balance principle as for the Basic. This training includes theoretical or practical courses and on-the-job and is applicable to the duties performed by the ATSEP Continuation training includes refresher, S/E upgrades, emergency trainings – exhaustive GM provided. Chapter 2 General Basic training Qualification training S/E rating training Continuation training Training requirements Entry level

Competence assessment requirements European Aviation Safety Agency (EASA) Clarification ATSEP to be assessed competent before duty GM: clarification of ‘competent’ On-going competence necessary Criteria provided against which initial and on-going competence shall be assessed: technical, behavioural skills, knowledge, experience, language. GM to explain what is meant by ‘behavioural skills’ GM: supervision of non competent personnel (still under training, etc) Chapter 3 General Assessment of initial and on-going competence Competence assessment requirements EASA Draft Rules for ATSEP by IFATSEA Director Region Europe IFATSEA General Assembly 2012 Thorsten Wehe 11 September 2012, New Delhi slide nr 42/35

Instructors and Assessors European Aviation Safety Agency (EASA) Chapter 4 Training Instructors Technical skills assessors Clarification Suitably experienced + appropriate knowledge in the field where instruction is given On-the-job training instructors need to have the skills to intervene where safety may be compromised during the training Suitable experienced to assess the criteria of initial and on-going competence assessment – GM to explain what is a technical skills assessors and what is ‘suitable’ Instructors and Assessors EASA Draft Rules for ATSEP by IFATSEA Director Region Europe IFATSEA General Assembly 2012 Thorsten Wehe 11 September 2012, New Delhi slide nr 43/35