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Francesco Banal EASA Quality and Standardisation Director
Belgrade, 29 September 2006 EASA Standardisation FBA introduction : insist on Standardisation rather than on inspections A more proactive role To reach a common understanding on the means of compliance Achieve a even playing field Cooperate between states Francesco Banal EASA Quality and Standardisation Director
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EASA Standardisation Standardisation: some definitions
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a matter of definitions…
standardisation?
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a matter of definitions…
In the common use "standardisation" means: issuance of a common set of rules and norms + uniform application of the same
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a matter of definitions…
standardisation always starts with common laws and ends with their uniform implementation… but could see its end through the many different ways to implement the laws
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a matter of definitions…
common laws are not enough to achieve standardisation …we must be sure they are uniformly implemented
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a matter of definitions…
In JAA/EASA terminology "standardisation" means: issuance of a common set of rules and norms + uniform application of the same
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a matter of definitions…
In the JAA/EASA terminology: "rulemaking" means: issuance of a common set of rules and norms + uniform application of the same
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a matter of definitions…
In the JAA/EASA terminology: standardisation activity = monitoring how NAAs apply EU regulations in their countries and in the fields under their competence
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EASA Standardisation The EC Regulation on standardisation inspections
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EASA Standardisation EC Regulation 736/2006
Commission Regulation (EC) No 736/2006 Working methods of the European Aviation Safety Agency for conducting standardisation inspections OJ L 129, , p.1 - Date of issue: - Published in the EC Official Journal: - Date of entry into force: - Deadline for working procedure:
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EASA Standardisation fully implemented by August 2006…
- EASA procedures developed & adopted on July 31, 2006 First inspector training course delivered on Aug. 23, 2006 First three inspections terminated by Sept. 27, 2006
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EASA Standardisation The new working methods
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EASA Standardisation The overall picture of an STD inspection: Opening
Preliminary meeting Opening session Closing session Wrap-up meeting On Site 10 weeks min 12 weeks max As necessary 16 weeks max As necessary SofC Preparatory phase Reporting phase Follow-up phase Closure Phase Visiting phase Inspection Programme Preliminary Report Final Report Action Plan
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in regard to the working methods…
EASA Standardisation in regard to the working methods… Team Leader from EASA Two (min) Team Members from EASA or NAA Note: Reg. 736/2006 allows NAA inspectors to continue to support the standardisation activity (as in JAA system), but the team leader shall be always from EASA
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in regard to the working methods…
EASA Standardisation in regard to the working methods… 1 pre-visit briefing at EASA (1 day) 1 inspection visit in the country (5 days) 1 post-visit debriefing at EASA (1 day)
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in regard to the working methods…
EASA Standardisation in regard to the working methods… Visit and findings to undertakings are only used as supporting evidence of findings to the visited authority
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in regard to the working methods…
EASA Standardisation in regard to the working methods… Visits are conducted against a questionnaire (mainly based on section B of applicable part) The visits are aimed at discovering weakness of the system, not specific isolated cases. Immediate safety hazard cases shall however be immediately fixed A final report is issued to the NAA that shall answer with a corrective action plan within an established time The European Commission and the Member State will receive the report The European Commission may, at its discretion, inform all the other Member States
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in regard to the working methods…
EASA Standardisation EASA shall agree the action plan and conduct all follow-up to monitor the closure of corrective actions and finally report to the Commission EASA may decide follow-up inspections The Commission may ask EASA to conduct ad-hoc-inspections for safety reasons The Commission may decide further actions in case of failure on implementing corrective actions in regard to the working methods…
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EASA Standardisation Scope of EASA Standardisation
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EASA/JAA Standardisation scope today
ETSOA TC STC MOA PART 145 DOA PART 21 EASA MTOA PART 147 POA technical licensing PART 66 CAMO FTO PART M all EASA NAA JAR - FCL flight crew licensing JAA JAR - OPS AOC
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JAA standardisation scope – after EASA
PCA MOA JAR – 145 DOA JAR - 21 MTOA ETSOA JAR - 147 POA technical licensing JAR - 66 Non-EASA JAA NAA FTO MMOA JAR - FCL flight crew licensing JAR - OPS AOC
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The playing field today 25 EU 3 EEA 6 JAA IS FL NO SE EE LV DK LT KZ
IR RU BY RU UK 25 EU NL PL BE UA 3 EEA DE CZ LU SK 6 JAA LI MD AU FR CH HU RO GE SL AZ HR AM BA SM BG IR MC IT PT ES MK TR AL GR IQ SY DZ MT CY MA TN
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EASA Standardisation The EASA organisation for Standardisation
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Standardisation in EASA is performed by only one department
Executive Directorate P. Goudou Policy Officers Safety Analysis & Research Communications Rulemaking Directorate C. Probst Certification Directorate N. Lohl Quality & Standardisation Directorate F. Banal Administrative Directorate M. Junkkari Environmental Protection Programmes Quality Assurance Finance & Procurement Products Safety Products Standardisation Personnel Flight Standards Technical Training Legal Service Organisations International Cooperation ICT and Technical Services
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EASA Standardisation Department
Q&S Director F. Banal Head of Standardisation F. Janvier Standardisation Manager – I.A. P. Blagden Standardisation Manager – C. A. E. Bohland Standardisation Team Leaders – I.A. Jiri Novy; Mark Kieft ( recruitment continues + 2) Standardisation Team Leaders – C..A. Philippe Gaillard; Luis Pires; Jean-Louis Ammeloot; Sascha Schott ( recruitment continues + 4)
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The transition from JAA to EASA
the EC regulation 736/2006 has been adopted only recently… …what EASA did meanwhile?
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The transition from JAA to EASA
…EASA and JAA signed, on 1st of November 2004, the following document: Working Arrangement on transfer of certain Standardisation Co-ordination Activities from JAA to EASA
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The transition from JAA to EASA
Implementation of Commission Regulation on Standardisation Inspections: transition EASA EU Countries JAA EASA for JAA 2004 2006… Non-EU Countries EASA for JAA
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EASA Standardisation The work done during transition
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The work done during transition
Standardisation activity in 2005 (1st year of operation, full JAA working methods) 19 countries inspected on Continuing Airworthiness (Parts 145, M, 147, 66, 21.H ) 7 countries inspected on POA (Part 21.G) > 750 requests of corrective actions > 80% teams supported by NAA inspectors First all-NAA Standardisation Meeting (Part-66)
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The work done during transition
Major common findings in 2005
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The work done during transition
improper maintenance and airworthiness management of Eastern Aircraft improper and/or late CAMO approvals improper and/or late Part 66 AML conversions
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The work done during transition
Current standardisation activity in 2006 (transition from JAA to EASA working methods) Annual Report on Standardisation Status (sent to the Commission on 13 Feb 2006) 25 inspections planned for Continuing Airworthiness (17 carried-out as of today) 16 inspections planned for Initial Airworthiness (9 carried-out as of today) Special survey on Part-66 conversion status (performed from March till May 2006) Special Report on Part-66 conversion status (sent to the Commission on 20 June 2006) 4 all-NAA Standardisation Meetings planned (Part-M and Part-66 performed, Part-21.G and Part-145 to take place)
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The work done during transition
Standardisation activity in 2005 for Part-66 and -147 19 countries visited: Belgium, Estonia, Hungary, Latvia, Slovakia, Lithuania, Bulgaria, Slovenia, Iceland, Luxembourg, The Netherlands, Italy, Portugal, Turkey, Croatia, Cyprus, Finland, Norway, Sweden
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The work done during transition
Current standardisation activity in 2006 for Part-66 and -147 13 countries visited as of today: Germany, Greece, Hungary, Slovakia, Denmark, Czech Republic, Belgium, Poland, Latvia, Estonia, Austria, Spain, Ireland 8 visits still to come: Slovenia, Luxembourg, Lithuania, Romania, France, Malta, Bulgaria, Switzerland Total findings to NAA as of today: Part , of which 23 on conversion process Part
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EASA Standardisation Basic differences: JAA vs. EASA Standardisation
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a matter of differences: recognition…
JAA system vs. NAA a initial approval for mutual JAA recognition a continued oversight for continued recognition EASA system vs. NAA a initial approval for legal EU recognition a continued oversight for continued EU legality
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a matter of differences: rules…
JAA regulations vs. NAA a Standardisation is a voluntary process to achieve mutual recognition status a A JAA Member State may or may not accept an initial standardisation visit EASA regulations vs. NAA a Standardisation is a binding process a A standardisation visit from EASA cannot be refused
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a matter of differences: rules…
JAA regulations vs. NAA a AGM for approval of undertakings and individuals: - policies and procedures non binding at national level; - to be voluntary followed for mutual recognition only EASA regulations vs. NAA a Section B of Annexes (Parts) to Implementing Rules: bindings laws at national level a EASA AMC to Section B: non binding, but deviations must be justified
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a matter of differences: strength…
JAA rulemaking a JAR have no direct legal value in the Member States - they must be endorsed in the national legislation - national variants or amendments are possible EASA rulemaking a EASA gives technical opinions to the Commission - when the opinions are accepted, they become laws with immediate legal value in all Member States no national variants or amendments are possible
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a matter of differences: strength…
rulemaking EASA >>JAA
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a matter of differences: strength…
JAA standardisation a No obligations for the Member States, but… - pros: they have an incentive to pass the standardisation visits because of the mutual recognition - cons: peer review among NAA, no clear independency of inspectors EASA standardisation a Binding process by law… - pros: three different actors: EASA, Commission, NAA, but… - cons: Member States do not need initial recognition because of their automatic recognition by law
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a matter of differences: strength…
JAA standardisation a In case of non compliance - the CJAA can withdrawn or suspend the mutual recognition status of a Member State EASA standardisation a In case of non compliance - neither EASA nor the Commission have direct enforcement power; only the European Court of Justice has - national judges or NAA only have enforcement power in their country
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a matter of differences: strength…
standardisation EASA <> JAA
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a matter of differences: strength…
How to render EASA standardisation stronger, in the present legal environment? Information by the Commission on EASA reports to all the other Member States is the key The other Members States then may act, just in case, to protect their citizens
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a matter of differences: strength…
Tomorrow? A. Direct enforcement powers to EASA or to the Commission? B. EASA acting as legally recognised board of appeal in national disputes between NAA and their regulated citizens? C. Others…?
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The EASA strategy for standardisation
EASA Standardisation The EASA strategy for standardisation
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EASA Standardisation Strategy
Basic principle Overall objective: to establish and maintain a high uniform level of civil aviation safety in Europe Standardisation inspections objectives: Monitoring NAA how they are implementing EU rules: Not less than required to protect EU citizens Not more than required to ensure level playing field new!
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EASA Standardisation Strategy
Ensuring common standardisation procedures, documentation and working methods in all fields of the implementing rules Ensuring the “standardisation” of inspectors through training and recurrent training provided by EASA Enhancing the follow-up phase in order to resolve as much as possible non-conformities at EASA-NAA level
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EASA Standardisation Strategy
Building up a strong organisational relationship with the European Commission for effective follow-up and enforcement Developing a pro-active approach to Standardisation with NAA by: a) involving as much as possible NAA inspectors as team members b) promoting a common interpretation and implementation of the rules through structured Standardisation Meetings with all NAA c) in depth training/workshops on IR for experienced inspectors open to all NAA
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Greetings from Cologne Thanks for your attention
EASA Thanks for your attention Any questions?
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