04.06.08 EU/US Annual Conference 1st extension of scope : General presentation Rulemaking Directorate Eric Sivel, Deputy Rulemaking Director.

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Presentation transcript:

EU/US Annual Conference 1st extension of scope : General presentation Rulemaking Directorate Eric Sivel, Deputy Rulemaking Director

European Aviation Safety Agency OSC for annual conference Slide 2 CONTENT Rulemaking Drafting Groups Structure of NPAs Timetable of NPAs Comment Response Document Transition

European Aviation Safety Agency OSC for annual conference Slide 3 Rulemaking Drafting Groups

European Aviation Safety Agency OSC for annual conference Slide 4 Rulemaking Drafting Groups Objective is to develop rules for the implementation of the extended Basic Regulation: Implementing Rules (IR) Acceptable Means of Compliance (AMC) Guidance Material (GM)

European Aviation Safety Agency OSC for annual conference Slide 5 3 Rulemaking Drafting Groups GroupTask: Draft IR for ToRs adopted work started MDM.032 non complex aircraft not involved in commercial activities, Subgroup Lic Feb 2006May 2007 FCL.001Flight Crew LicensingJuly 2006Aug 2006 OPS.001Air OperationsJuly 2006Aug 2006

European Aviation Safety Agency OSC for annual conference Slide 6 Subgroups FCL - Objectives FCL Licensing (Transfer from JAR-FCL) based on JAR-FCL 1 (Aeroplanes) and JAR-FCL 2 (Helicopters) FCL Licensing (non-JAR licences) gliders, balloons, airships provisions based on ICAO Annex 1 and existing national regulations FCL Medical based on JAR-FCL 3 and, for Leisure Pilot Licence, input from MDM.032 (Licensing) FCL Authority Requirements Based on JAA JIP and further needs in the European System

European Aviation Safety Agency OSC for annual conference Slide 7 Subgroups OPS Commercial air transport (CAT) Commercial operations other than CAT Non-commercial operations with complex motor- powered aircraft Authority requirements and Management System

European Aviation Safety Agency OSC for annual conference Slide 8 Subgroups OPS - Objectives Develop rules for commercial air transport (CAT) based on EU-OPS/ JAR-OPS 1 and 3 commercial operation other than CAT based on draft of JAR-OPS 0 and JAR-OPS 4 training and medical fitness for cabin crew based on EU-OPS/ JAR-OPS 1

European Aviation Safety Agency OSC for annual conference Slide 9 Subgroups OPS - Objectives non-commercial operations with complex motor-powered aircraft based on draft of JAR-OPS 0 and JAR-OPS 2 with non-complex motor-powered aircraft input from task MDM.032 Authority requirements and Management System based on JAA JIPs and further needs in the European system

European Aviation Safety Agency OSC for annual conference Slide 10 MDM.032 Provided the elements for NPA for leisure pilot licence rules (to FCL.001) leisure pilot licence medical (to FCL.001) general operational rules (to OPS.001)

European Aviation Safety Agency OSC for annual conference Slide 11 Structure: Flight Crew Licensing

European Aviation Safety Agency OSC for annual conference Slide 12 Flight Crew Licensing Basic Regulation, Article 7, Annex III Cover Regulation FCL Annex I Part FCL Annex II Part Medical Annex III Acceptance of Licences and Medical Certificates Annex IV Conversion of national licences and ratings

European Aviation Safety Agency OSC for annual conference Slide 13 Structure FCL: Annex 1 Part FCL Part FCL and the Appendices contain Licensing requirements for training and testing of pilots for all categories of licences provisions for type and class ratings and additional qualifications and ratings Instructor ratings Examiner authorisations

European Aviation Safety Agency OSC for annual conference Slide 14 FCL: Something Missing? The answer is NO ! Acceptance of licences and medical certificates issued on behalf of third countries Annex III Acceptance of national licences and ratings Annex IV Requirements for Training Organisations Included in Management System Requirements for the competent authority Included in Authority requirements

European Aviation Safety Agency OSC for annual conference Slide 15 Structure FCL: Annex II, Medical Implementing Rules General Requirements Class 1 and Class 2 general medical requirements Requirements for Aeromedical Examiners Acceptable Means of Compliance Medical requirements LAPL Detailed medical requirements for Class 1 and Class 2

European Aviation Safety Agency OSC for annual conference Slide 16 Medical: Something Missing? The answer is NO ! Requirements for Aero-medical Centres Included in Management System Requirements for the competent authority Included in Authority requirements

European Aviation Safety Agency OSC for annual conference Slide 17 Structure: Air Operations

European Aviation Safety Agency OSC for annual conference Slide 18 Air Operations Basic Regulation, Article 8, Annex IV Cover Regulation OPS Part Commercial Air Transport Part Commercial Operations other than CAT Part Operations requiring specific approvals Part General Operating and Flight Rules

European Aviation Safety Agency OSC for annual conference Slide 19 Management System

European Aviation Safety Agency OSC for annual conference Slide 20 Management System – Structure Basic Regulation Cover Regulation MS Commercial Air Transport Commercial Operations other than CAT Operations requiring specific approvals Part Management System Training Organisations Aeromedical Centres

European Aviation Safety Agency OSC for annual conference Slide 21 Create technical requirements for organisations for certification or self-declaration E.g. for air operators, training organisations and aero- medical centres Management System - Purpose Management System Technical Requirements Organisations

European Aviation Safety Agency OSC for annual conference Slide 22 MS rules cover all technical certification requirements for organisations: Safety management Organisational Structure and Accountabilities Quality monitoring Outsourcing and purchasing Personnel Facility Record-keeping MS – Integrated approach

European Aviation Safety Agency OSC for annual conference Slide 23 MS – Tailored approach Applicability depends on size, nature, and complexity of the organisation Dedicated AMCs for organisations classified as small other Criteria for classification small and other will be established

European Aviation Safety Agency OSC for annual conference Slide 24 Horizontal structure MS covers the areas of the Agencys competencies Air Operations and Flight Crew Licensing expandable to Airworthiness Design for growth will continue to cover the areas of the Agencys competencies after further extension of scope Aerodromes and ATM MS – Structure

European Aviation Safety Agency OSC for annual conference Slide 25 Authority Requirements

European Aviation Safety Agency OSC for annual conference Slide 26 Create administrative requirements and procedures for Interaction at competent authority level competent authorityregulated persons competent authority organisations Interaction at Regional / Community level Member States the Agency and the Commission Authority Requirements - Purpose

European Aviation Safety Agency OSC for annual conference Slide 27 Two Levels Competent Authority Level Regional/Community Level Horizontal approach Applicable to the different areas of the Agencys competencies Design for growth Regulation is designed in such a way that enables growth following the Agencys extension of responsibilities. Authority Requirements

European Aviation Safety Agency OSC for annual conference Slide 28 Subpart – General General administrative requirements Examples: Designation of a competent authority by a Member State Procedures to deal with findings and corrective actions Mutual exchange of information Authority Requirements – Structure

European Aviation Safety Agency OSC for annual conference Slide 29 Subpart – Air Operations Administrative requirements for the certification and oversight of operators Subpart – Flight Crew Licensing Administrative requirements for licensing of flight crew and approval and oversight of training organisations and medical centres. Authority Requirements – Structure

European Aviation Safety Agency OSC for annual conference Slide 30 Original Timetable of NPAs MayJuneJulyAugSeptOctNovDec NPA FCL NPA OPS, MS, AR Comment period CRD Opinion CRDOpinion

European Aviation Safety Agency OSC for annual conference Slide 31 Timetable of NPAs Part FCL is considered mature to be published Some inofficial requests were made to do further work on Part OPS, Management System and Authority Requirements Any delay in publishing will result in a shorter transition period …

European Aviation Safety Agency OSC for annual conference Slide 32 Timetable of NPAs MayJuneJulyAugSeptOctNovDec NPA FCL NPA MS, AR Comment period NPA OPS ?

European Aviation Safety Agency OSC for annual conference Slide 33 Comment Response Document Comment Response Tool on the EASA Website will help to handle comments Comment Response Document will be published two months after the end of the comment period Inofficial requests were made to adapt the comment period FCL to the publication date of the NPA on OPS, MS and AR

European Aviation Safety Agency OSC for annual conference Slide 34 Transition Time for transition is determined in Article 70 of the Basic Regulation Latest implementation date is 08 April 2012 Earlier implementation dates may be specified in the implementing rules Transition times will be proportionate to change

European Aviation Safety Agency OSC for annual conference Slide 35 Transition Grandfathering for certificates, authorisations and approvals issued according to JAR-FCL EU OPS JAR-OPS 3 and Time will be given for small adaptions New elements comeing from JAA-NPAs not regulated through JAA

EU/US Annual Conference 1st extension of scope (2) : Elaboration and adoption under the Community framework of additional airworthiness specifications for a given type of aircraft and type of operation

European Aviation Safety Agency OSC for annual conference Slide 37 TODAY Joint Operational Evaluation Board (JOEB) still under JAA umbrella managed by EASA Flight Standards Certification (JAAT-EASA Contract). JOEB process single assessment acceptable to all JAA MS. type (rating) syllabi is not established by the TC holder syllabi are approved locally by the NAA or established by an approved training organisation. Additional airworthiness requirements that are necessary for certain kind of operations (former JAR-26) either operational rules or airworthiness notices.

European Aviation Safety Agency OSC for annual conference Slide 38 Transfer to EASA regulatory framework Art. 5 - Airworthiness amendment to include the basis for the Operational Suitability Certificate (OSC) and Safety Enhancement Directives (SED) OSC = additional specifications for the operation of a given type of aircraft SED = additional airworthiness specifications for a given type of aircraft and type of operation

European Aviation Safety Agency OSC for annual conference Slide 39 Art. 5 – Airworthiness. New items Elements to be approved by the Agency for a given aircraft type: Minimum syllabus of maintenance certifying staff type rating training; Minimum syllabus of pilot type rating training and qualification of associated simulators; Master minimum equipment list (MMEL), as appropriate additional airworthiness specifications for a given type of operations: retroactive airworthiness requirements, Cabin crew training syllabus for an aircraft type, as applicable (when OPS require cabin crew).

European Aviation Safety Agency OSC for annual conference Slide 40 Status RM group (core group): 9 th meeting end August Goal is to finish draft amendments to Part 21. RM sub-groups : created for drafting: CS-MMEL CS for maintenance certifying staff type/variant(s) rating training EASA internal drafting: CS for pilot type/variant(s) rating training Cs for cabin crew type/variant(s) training

European Aviation Safety Agency OSC for annual conference Slide 41 Schedule 1 st NPA: end of October 08 Proposed amendments to Part 21 + AMC/GM to Part 21 OSC workshop: 2 weeks after publication of 1 st NPA To explain the content of the 1 st NPA and OSC and SED concepts 2 nd NPA: At latest, End of 2008 Proposed draft of certification specifications