AVIATION SAFETY Recent Developments in the EU Aviation Safety Policy 6 – 8 November 2007, Bangkok (Thailand) DGTREN / Air Transport / Air Safety /

Page: 2 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA A.2:Working Methods for EASA Inspections A.3:Transferring the management of the SAFA programme from JAA to EASA A.5:From JAR-OPS to EU-OPS A.6:Extension of EASA Powers A.4: Community Wide List of Unsafe Airlines A.1:EASA 2002 – The creation of a single European safety system A: THE EU AIR SAFETY POLICY

Page: 3 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA B: EU External Aviation Policy C:Appendix: COSCAP-SA Phase II Project

Page: 4 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA Regulation 1592/02 Regulation (EC) 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing an European Aviation Safety Agency. A.1:EASA 2002 – The creation of a single European safety system (1)

Page: 5 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA A.1:EASA 2002 – The creation of a single European safety system (2) Regulations Structure See also the EASA Website:

Page: 6 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA A.2:Working Methods for EASA Inspections (1) Standardisation inspections Article 45 of Regulation N° 1592/2002: the application of and its implementing rules – Regulations N° 1702/2003 & 2042/2003 Initial and continued airworthiness of aeronautical products, parts and appliances and personnel and organisations involved in their design, manufacture and maintenance.

Page: 7 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA A.2:Working Methods for EASA Inspections (2) Who does what? EASA assists the European Commission to exercise its enforcement powers i.e. to ensure that Community law is correctly applied by: Carrying out standardisation inspections of national aviation authorities and, for the purpose of assessing their performance, inspections of certificate holders under the regulatory oversight of the inspected national aviation authority.

Page: 8 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA A.2:Working Methods for EASA Inspections (3) Qualification requirements 1.EASA establishes the qualification requirements for all inspectors; 2.EASA is responsible for training its own staff – future inspectors (team leaders and members); 3.EASA trains staff seconded by national aviation authorities – future inspectors (team members).

Page: 9 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA A.2:Working Methods for EASA Inspections (4) Types of inspections 1.Standardisation inspections on initial and continued airworthiness according to an annual programme; 2.Follow-up inspections in the relevant area to verify implementation of remedial action plans; 3.Ad hoc inspections at the request of the Commission.

Page: 10 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA A.2:Working Methods for EASA Inspections (5) Inspections procedure 1.A preparatory phase lasting a minimum of 10 weeks prior to the inspection; 2.A visiting phase; 3.A reporting phase lasting a maximum of 12 weeks following the inspection; 4.A follow-up phase lasting a maximum of 16 weeks following the reporting phase; 5.A closure phase to take place at the end of the follow-up phase.

Page: 11 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA Managing the SAFA Database (1) Adoption of Commission Regulation (EC) No 768/2006 of 19 May 2006 implementing Directive 2004/36/EC as regards the collection & exchange of information on the safety of aircraft using Community airports and the management of the information system (OJ L 134, , p. 16–18) A.3:Transferring the management of the SAFA programme from JAA to EASA (1)

Page: 12 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA Managing the SAFA Database (2) The SAFA Database is managed as from 1st January 2007 by the European Aviation Safety Agency. What was previously done by the JAA is now in the hands of EASA. Centralised collection, processing, updating, evaluation, dissemination and reporting of the information contained in the Database. A.3:Transferring the management of the SAFA programme from JAA to EASA (2)

Page: 13 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA Managing the SAFA Database (3) One objective: Improve quality of relevant information and reliability of the reporting system. EASA is empowered to perform inspections of EU Member States implementation of SAFA system both on foreign aircraft and on EU aircraft. A.3:Transferring the management of the SAFA programme from JAA to EASA (3)

Page: 14 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA A.4:Community Wide List of Unsafe Airlines (1) Why an EU ban? Regulation 2111/2005 EC (1) Common Approach towards Safety (airlines declared to be unsafe in one Member State cannot be deemed to be safe in another). Preserve the highest safety standards. Inform Passengers. Fight Flags of Convenience. On the basis of a single decision: The European Commission (assisted by the Air Safety Committee).

Page: 15 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA A.4:Community Wide List of Unsafe Airlines (2) Why an EU ban? Regulation 2111/2005 EC (2) Common Criteria for decisions based on ICAO safety standards for non EU carriers and EU regulations for EU carriers. 3 categories Deficiencies detected on aircraft and/or; Lack of ability of the airlines to solve deficiencies and/or; Lack of ability of the competent oversight authorities to fulfil their obligations.

Page: 16 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA A.4:Community Wide List of Unsafe Airlines (3) Why an EU ban? Regulation 2111/2005 EC (3) Process with all guarantees: Transparency and right of defense. Exchange of information and views with all EU Member States. Right for the airlines/countries involved to be heard. The Commission examines all data provided and collected & takes a decision.

Page: 17 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA Why an EU ban? Regulation 2111/2005 EC (4) First list established in March Up-dated in June and October 2006, March 2007 and July Around 150 air carriers currently on list. In March 2007, for the first time two air carriers were withdrawn from the list as they had proved to the Commission that they have rectified serious safety deficiencies. Other (non-EU) countries are applying the Community list. A.4:Community Wide List of Unsafe Airlines (4)

Page: 18 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA Introduction: From JAR-OPS to EU-OPS (1) COUNCIL REGULATION No 1899/2006 MODIFYING Regulation 3922/1991 ON THE HARMONISATION OF TECHNICAL REQUIREMENTS AND ADMINISTRATIVE PROCEDURES IN THE FIELD OF CIVIL AVIATION A.5:From JAR-OPS to EU-OPS (1)

Page: 19 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA Introduction: From JAR-OPS to EU-OPS (2) 1.The introduction of JAR-OPS 1 including FCL and FTL into Community law. 2.All EU Member States have to implement the technical requirements by 16 July Common rules for the operation all aircraft registered in the Community owned or leased used in commercial air transport. 4.Common rules for pilots and cabin crew. A.5:From JAR-OPS to EU-OPS (2)

Page: 20 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA Extending EASA powers beyond present remit 1.Commission proposal made on 15 November 2005 to EU internal operations (commercial and non commercial), pilot licences and foreign operators. 2.The European Parliament adopted its opinion in First Reading on 13 March Council of the European Union adopted a common position on 15 October Formal adoption by EU Council and European Parliament by January A.6:Extension of EASA Powers (1)

Page: 21 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA EASA from the present to the future This new law applies to all operators (commercial and non commercial) and extend the common rules beyond their present remit (annexes 1, 8 and 16) to cover also aircraft operations and pilot licences (annex 6) and empowering EASA to deliver safety authorisation to foreign operators requesting to operate to / from / in the EU (similar to Part 129 of FAA). A.6:Extension of EASA Powers (2)

Page: 22 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA Airports and ATM / ANS Safety In 2008 the Commission will make a new proposal to extend the EASA competences in safety to airports (annex 14) and ANS/ATM. The final adoption is expected by the end A.6:Extension of EASA Powers (3)

Page: 23 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA EU-OPS and future EASA powers EU-OPS will form the basis for the adoption by the Commission of implementing rules to be developed through the EASA system taking as a starting base the current EU-OPS for commercial operators. A.6:Extension of EASA Powers (4)

Page: 24 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA Background The Single EU Aviation Market has an external dimension. Confirmed by the Open Skies judgements of the European Court of Justice in Initial mandates to the Commission in Comprehensive US mandate and conclusion of an EU-US aviation agreement in April Horizontal Mandate. Road-map for external aviation relations adopted by the EU Transport Council in June Technical Cooperation and Assistance (EU-China, EU-India, EU- South Asia & EU-South East Asia Aviation Cooperation projects). B:EU External Aviation Policy (1)

Page: 25 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA External Dimension: The Three Pillars I.Bringing existing bilateral agreements into line with Community law. II.The creation of a Common Aviation Area with neighbouring countries. III.Conclusion of ambitious global agreements with key partners (US, China, Russia, India, Canada…). IV.Specific Air Safety Agreements with US, Canada, etc… B:EU External Aviation Policy (2)

Page: 26 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA Pillar I: Progress on the Legal Issue 91 non-EU states have accepted Community designation. Nearly 600 Bilateral ASAs (Air Services Agreements) have been brought into conformity with Community law. 29 Community Agreements. Negotiations/talks on-going with many countries. The EU invites all SAARC countries to restore legal certainty to bilateral air services agreements as a matter of priority. B:EU External Aviation Policy (3)

Page: 27 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA Pillar II: Common Aviation Area by 2010 Southern and Eastern European neighbouring countries. Pre-accession context: Western Balkans (ECAA). ECAA Agreement signed in June 2006 (it includes the acceptance of all EU Safety Legislation). Morocco (Euro-Mediterranean agreement). EU-Morocco Agreement signed in December Next: Ukraine, Jordan, Lebanon and Israel… Towards a single market of some 50 states by B:EU External Aviation Policy (4) ECAA: European Common Aviation area

Page: 28 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA B:EU External Aviation Policy (5) 58 States, circa 1 billion inhabitants The EU today: 27 Member States 490 Million people One Single Market

Page: 29 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA B:EU External Aviation Policy (6) Pillar III: Comprehensive Agreements With key partners and like-minded countries. Aim: to normalise aviation. By: gradual market opening. removing investment barriers. regulatory convergence. i.e. beyond Open skies.

Page: 30 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA B:EU External Aviation Policy (7) Institutional Capacity Building for the Civil Aviation Sector in India (1) Overall objective: To remove constraints to sustainable economic growth in India imposed by critical bottlenecks and unbalanced development of the rapidly expanding aviation sector, particularly within the regulatory functions of Government. Specific Objectives: To strengthen the institutional capacity of the civil aviation regulator in India. To help ensure a safe and secure aviation environment through: good governance; implementation of international civil aviation standards; harmonisation with EU standards and cooperation with European aviation authorities, agencies and key stakeholders; and policy support.

Page: 31 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA B:EU External Aviation Policy (8) Institutional Capacity Building for the Civil Aviation Sector in India (2) The environmental protection and cross-cutting issues such as good governance and gender equality will be part of the actions. The indicative EC contribution is 12.5 millions. The indicative time frame is 4 years (2008 – 2011).

Page: 32 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA B:EU External Aviation Policy (9) South Asia Civil Aviation Programme (SAARC) (1) Objectives: Improving safety levels for the benefit of all air travellers and manufacturers. Promoting regional integration to improve safety levels in aeronautics and to ensure the safety oversight functions to group their resources on a regional basis within regional organizations and institutions. Presenting and explaining the European safety regulations.

Page: 33 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA B:EU External Aviation Policy (10) South Asia Civil Aviation Programme (SAARC) (2) Activities: Aviation safety; Air Traffic Management and Airports (security and economic regulation) – matching increasing demand with higher safety, security and economic efficiency. The indicative EC contribution is 4 millions to be topped up by non EC co-financing. The indicative time frame is 4 years (2008 – 2011). SAARC countries are invited to propose priorities for their project.

Page: 34 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA C:Appendix: COSCAP-SA Phase II Project Project Development The Commission is financing this COSCAP-SA (Phase II) project with ( $). Until this moment the Commission has paid ( $). The Commission to the request of ICAO has approved on October 22 nd an Amendment extending the duration of the project in 9 months. The new completion date is 31 st August The Commission would pay a new installment when the Amendment is accepted by ICAO and a new interim report is produced. At the end of the project after presenting the final technical and financial report the Commission would pay the final installment.

Page: 35 6 – 8 November 2007 – Bangkok (Thailand) Recent Developments in the EU Aviation Safety Policy 17 th Steering Committee Meeting of the COSCAP-SA AVIATION SAFETY Recent Developments in the EU Aviation Safety Policy Jacinto Lopez Navalon Air Transport – Aviation Safety Tel , Fax