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

2. 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

3. 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

4. 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

5. 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

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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. COSCAP – NA Project Steering Group – Guangzhou, China
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 ?
16-17 November 2005
COSCAP – NA Project Steering Group Guangzhou, China