16-17 November 2005 COSCAP – NA Project Steering Group Guangzhou, China 1 Co-operating with the European Aviation safety Agency

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 2 Presentation  I. Community objectives  II. Technical Co-operation  III. Regulatory Co-operation

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 3 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 participate in several COSCAP Programmes, complemented by EU regional and sub-regional programmes.

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 4 Community objectives The European Community is in favour of the free movement of product 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: Locally approved, globally accepted

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 5 Community objectives The Agency’s 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 and services imported into EU Member States meet Community safety and environmental protection standards.

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 6 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.

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 7 Technical co-operation The Agency does not have the necessary resources to organise and finance itself technical co-operation activities. It assists the Commission in: - identifying needs, - designing projects for upgrading the regulatory capabilities of future partners and - overseeing the implementation of co-operation projects.

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 8 Technical co-operation As the Agency will have to assess the ability of a partner authority to make findings on its behalf, it may not provide itself co-operation services. Moreover, when technical co-operation activities are paid for by the Community budget, they are subject to the rules applicable to public funding. As a consequence co-operation projects are better provided for by specialised providers on a commercial basis.

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 9 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 formal agreement or a working arrangement.

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 10 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 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).

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 11 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.

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 12 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 formal agreements. Such agreements become Community law and supersede previous agreements. The Agency may, together with Member States, implement Community agreements as technical executive agent. It may also conclude working arrangements.

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 13 Regulatory co-operation 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.

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 14 Regulatory co-operation 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.

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 15 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.

European Aviation Safety Agency November 2005 COSCAP – NA Project Steering Group – Guangzhou, China 16 Communications  Website:  Head of International Cooperation: Mr Thaddée SULOCKI  address :

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