1. 1 AeroSpace and Defence Industries Association of Europe Proper distribution of general/technical requirements between hard and soft laws Kyle Martin Airworthiness Manager EASA Certification Workshop 30 th January 2014, Cologne

2. Slide 2 Implementing Rules Regulations EASA, SES What stakeholders have to do. Rules issued by the European Commission Soft Law Acceptable Means of Compliance Guidance Material Certification Specifications (Co-decision European Council & European Parliament) Distribution of responsibilities between EC, MS, EASA Essential requirements How stakeholders should do what they have to do. Rules issued by the EASA Reminder: Structure of Common Rules in the field of Civil Aviation (1/2)

3. Slide 3 Implementing Rules Regulations EASA, SES Soft Law Acceptable Means of Compliance Guidance Material Certification Specifications The European Commission has the legislative initiative. Several years are necessary for changes / improvements EASA has the authority to allow deviations from / adjustments to Soft Laws ONLY Reminder: Structure of Common Rules in the field of Civil Aviation (2/2) (Co-decision European Council & European Parliament)

4. Slide 4 Industry Concerns The use of detailed technical details in ‘hard’ law such as the Basic Regulation, Part 21, EU-OPS, etc. is a concern for the industry for many reasons: Technology:  Can lead to unintended consequences and in some cases preclude the adoption of new technologies that would improve safety. Applicability:  Rules in Hard law need to be equally applicable for an Airbus A380 as a Cessna 172 Compliance:  Increased burden for industry and regulators in demonstrating compliance.

5. Slide 5 Selected Examples Future Aviation Occurrence Reporting: 72 hour rule, 3-month reporting, etc EU-OPS:  Kind of altimeter (radio versus baro) specified for low visibility approaches (SPA.LVO.110).  Minima for low visibility approaches (SPA.LVO.110).  Detailed specification of seat belts (CAT.IDE.H.205). Part 21:  Minimum of 300 hours flight for endurance testing with new engine types (21.A.35)  No possibility to manage a change to Airworthiness Limitations Section as a change to the Type Design (with major/minor classification, use of associated privileges)

6. Slide 6 Way forward Define formal guidance when developing a new rule or revising an existing one:  The content of Implementing Rules should be limited to: o Defining the safety objectives o Applicability o Deadlines o Performance-basis or risk-basis o Be non-prescriptive (technologies, methods, etc.)  Leave all technical criteria and acceptable means of compliance or guidance to be addressed in soft laws (Certification Specifications (CS), AMC, GM) which are issued, maintained and administered by the EASA. Allow the EASA to use the flexibility provisions which are offered to the Members States.

7. Slide 7 CSIE report CSIE WG: Recommendation 15.  Practical implementation and administration of implementing rules (IR’s) shall be facilitated by limiting their contents to general requirements (applicability, deadlines, performance based, non prescriptive, objectives), leaving all technical criteria and acceptable means of compliance or guidance to be addressed in Certification Specifications (CS) issued, maintained and administered by the EASA. ECAC: Flexibility in regulation (link)link  9. One means of lessening the burden of excessive regulation lies in making better use than at present of the regulatory flexibility which exists, to re- draw the border between ‘hard’ and ‘soft’ regulation. Greater emphasis needs to be given to nonbinding provisions, and where possible to giving more flexibility to Member States in implementing safety regulations.