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

2. Opinion 03-2014 new Implementing Rule
… a Puzzle
ATSEP
EU 376 Reporting
Opinion new Implementing Rule
nnn
SES 2+
EU 1035 Implementing Rule EU
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


3. A List
EU (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 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

4. 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 

5. EU 549-552 Service+Interoperability
ATSEP Regulations
ATSEP Regulations
EU 216 Basic Regulation
EU Service+Interoperability
EASA opinion new Implementing Rule (rep. 1034,1035 …)
EU 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

6. 216 - Basic Regulation 216 – Basic Regulation 1035 common Requirem.
1034 Safety Oversight
EASA
ATCO License …
EASA-opinion : 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

7. 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 

8. Regulations and Rules a

9. SES 2+  a

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

11. Reporting 

12. Thank you
for your
Attention

13. B a c k u p

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18. ---- B a c k u p

19. 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

20. EASA – ATSEP rulemaking, UPDATE
1. Just Culture Declaration was signed on October 1st 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

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

22. 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

23. 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)

24. 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

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

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

27. 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

28. 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.
.....

29. 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”

30. 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 , 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
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.

31. 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!

32. Thank you
for your
Attention

33. --- Backup 3 ---

34. 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

35. 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“)

36. 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

37. 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)

38. European Aviation Safety Agency (EASA)

39. 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

40. 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

41. 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

42. 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 September 2012, New Delhi slide nr 42/35

43. 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 September 2012, New Delhi slide nr 43/35