The EASA System for Operations

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The EASA Systemfor Operations

• Tallinn, 6 May 2009

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AGENDA

• 1. The legal framework
• 2. The structure and scope of the EASA
  Implementing Rules
• 3. Transition measures
• 4. The OPS NPA and EASA website

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• 1. The legal framework

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Legal framework - past
JAA
ICAO
EUROCONTROL
27
20
15
10
5
Member State 1
4
3
27 different legal procedures for transposition
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Legal framework - past

• Results
• Different legal texts
• No common transposition dates
• Different interpretations and different choices
  about recommended practices
• In practice non uniformity across EU Member
  States non uniform safety distortion of fair
  market competition
• Insufficient regulation of safety oversight
  (e.g. requirements for NAA)
• . Plus cost for taxpayers for 27 parallel
  processes!

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Legal framework
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Legal framework

• Uniform rules
• The essential requirements and implementing rules
  are directly applicable and replace national law
  without creating an additional layer of
  legislation
• Total system approach
• All aviation system components are part of a
  single network products, operators, crews,
  aerodromes, ATM, ANSP, on the ground or in the air

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Legal framework

• Performance-based rulemaking
• The combination of hard law and soft law
  provides an appropriate instrument to the needs
  for subsidiarity and proportionality
• It allows for tailored solutions, adapted to the
  size and complexity of organisations, and to the
  level of risk involved in their activity
• This concept provides for a uniform
  implementation of common requirements with
  sufficient flexibility

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Legal framework

• Member States may no more
• deviate from common rules - except in the case of
  Art. 14 of the Basic Regulation
• impose additional requirements - to ensure a
  level playing field and no discrimination
• conclude international arrangements with third
  countries - transfer of competence to EC produces
  effects also for international competence

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Legal framework

• Art. 14 BR Flexibility provisions1st case
  (paragraphs 123) safety problem
• A Member State (MS) may react immediately to a
  safety problem which involves a product, person
  or organisation
• MS notifies EASA, the Commission and other MS of
  the measures taken and the reasons therefore
• EASA assessment may lead to amendment of IRs
  and/or AMC/GM/CS or MS to revoke measure

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Legal framework

• Art. 14 BR Flexibility provisions2nd case
  (paragraph 45) - exemptions
• MS may grant exemptions in the event of
  unforeseen urgent operational circumstances or
  operational needs of a limited duration, provided
  the level of safety is not adversely affected
• MS notifies EASA, the Commission and other MS of
  the measures taken as soon as they become
  repetitive or where they are granted for more
  than two months

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Legal framework

• Art. 14 BR Flexibility provisions2nd case
  (paragraph 45) - continued
• EASA assessment if not compliant, MS to revoke
  measure following Commission decision

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Legal framework

• Art. 14 BR Flexibility provisions3rd case
  (paragraph 67) - derogation
• MS may grant an approval derogating from
  implementing rules where an equivalent level of
  protection can be achieved by other means
• MS notifies EASA and Commission that it intends
  to grant such an approval, giving reasons
  demonstrating the need to derogate from the rule
  concerned, as well as the conditions to ensure
  that an equivalent level of protection is
  achieved

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Legal framework

• Art. 14 BR Flexibility provisions3rd case
  (paragraph 67) - continued
• EASA assessment may lead to Commission decision,
  allowing all MS to apply that measure

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• 2. The structure and scope of theEASA
  Implementing Rules

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EASA IR Structure
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EASA IR Structure

• Technical requirements
• contained in the Personnel, Air Operations and
  Third Country Operators Regulation
• Organisation requirements and management system
  of organisations
• contained in the Organisation Requirements
  Regulation
• Authority requirements

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EASA IR Structure

• Considerations
• JAA Consistency of Organisation Approvals (COrA)
• ICAO SMS and State safety programme
• Performance-based rulemaking
• Essential safety elements rule
• Non-essential implementation aspects AMC, which
  have an important role to play in providing for a
  uniform implementation of common requirements
  with sufficient flexibility

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OPS Content

• The Agency proposals
• are based on ICAO Annex 6
• follow latest amendments of EU-OPS/JARs
• EU-OPS (Reg. 859/2008) / JAR-OPS 1 Amendment 13 /
  TGL 44
• JAR-OPS 3 Amendment 5
• Draft JAR-OPS 0,2,4 after A-NPA process - 2002/03
  
• take into account JAA NPAs in an advanced phase
  of adoption and JAA WP with sufficient consensus

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Part-OPS Structure
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Part-OPS Content

• Part-OPS contains technical requirements for
• Air operations of any aircraft
• aeroplanes, helicopters, sailplanes and balloons
• Non-commercial and commercial operations
• Non-commercial operations with non-complex
  motor-powered aircraft and complex motor-powered
  aircraft
• Commercial air transport
• Commercial operations other than commercial air
  transport (aerial work)
• These technical requirements correspond to
  chapters 1-7 of Annex IV of the BR Essential
  requirements for air operations
• tilt-rotor aircraft, airships and UAV will be
  addressed in separate EASA Rulemaking tasks

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Part-OPS Content

• Subpart OPS.GEN is applicable to all operations
• Subparts OPS.CAT contains additional and specific
  requirements for Commercial Air Transport
• Subpart OPS.COM contains additional and specific
  requirements for Commercial Operations other than
  Commercial Air Transport (Aerial Work)

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Part-OPS Content

• Subpart OPS.SPA contains requirements for
  specific operations subject to a specific
  approval
• Allows either access to certain airspace or to
  conduct operations to lower limits, for which
  certain hazards have to be controlled to an
  acceptable level through
• The implementation of mitigating procedures
• The installation of specialised equipment,
  specific training or operational procedures

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Part-OR Structure
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Subpart OR.OPS Content

• Subpart OR.OPS contains additional and specific
  operator requirements for
• Non-commercial operators of complex motor-powered
  aircraft
• All commercial operators
• They apply in addition to the common organisation
  requirements in OR.GEN
• These requirements correspond to chapter 8 of
  Annex IV of the BR Essential requirements for air
  operations

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Subpart OR.GEN Content

• Subpart OR.GEN (NPA 2008-22c) is applicable to
  all organisations
• Scope
• Designation of the competent authority
• General requirements for certified organisations
  (application, changes, continued validity)
• General requirements for organisations declaring
• Findings
• Acceptable Means of Compliance (OR.GEN.020)

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Subpart OR.GEN Content

• Acceptable means of compliance
• Instead of the AMCs published by EASA,
  alternative means may be used to establish
  compliance with the IRs

Step 3 Competent Authority notifies
organisation and Agency
Step 2 Competent Authority evaluates alternat
ive AMC
Step 1 Organisation provides the competent
authority with alternative means of compliance
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Subpart OR.GEN Content

• Acceptable means of compliance

Compliant Rulemaking process
EASA evaluates AMC
Not compliant Competent Authority is
notified
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Subpart OR.GEN Content

• Subpart OR.GEN Management System for all
  organisations (OR.GEN.200)
• Requirements of integrated management system
  consisting of
• Safety Management System
• Compliance Monitoring System
• Objective to enable the organisation to fit all
  its different management systems into one (EASA
  only regulates safety)
• Management system appropriate to the size, nature
  and complexity of the activities, and the hazards
  and associated risks inherent in these activities

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Subpart OR.GEN Content

• Other generic organisation requirements such as
• Contracting or purchasing of services or products
  responsibility of the contracting organisation
• Personnel requirements, e.g. accountable manager
• Facility requirements, e.g. appropriate for the
  tasks to be carried out
• Record-keeping
• Several AMCs catering for organisations of a
  different size

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Part-AR Structure
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Part-AR Content

• Authority requirements
• Establishes requirements to be followed by the
  competent authorities
• Complements requirements for organisations
• Ensures better consistency for approvals of
  organisations
• Enhances collaboration among Member States
• Provides efficient oversight
• Identifies risks with a view of enhancing
  oversight

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Subpart AR.GEN Content

• Additions to AR.GEN
• Spot-checks and ramp-inspections of general
  aviation
• Ramp inspections based on the SAFA Directive for
  complex motor-powered aircraft and commercial
  operations

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Subpart AR.OPS Content

• Subpart AR.OPS
• Specific requirements for operations operator
  certification and declaration
• Recognition of industry standards for oversight
  purposes
• Approval of individual flight time limitation
  schemes
• Specific approvals (OPS.SPA)

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Subpart AR.CC Content

• Subpart AR.CC
• Specific requirements for the cabin crew
  attestation

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Part-CC Structure
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Part-CC Content

• Part-CC contains the requirements for
• the issue of cabin crew attestations and
• the conditions of their validity and use by cabin
  crew members in commercial air transport
• CC.GEN Application, Minimum age, Privileges and
  conditions
• CC.CCA issuance, validity, limitation,
  suspension and revocation
• CC.TRA Conduct of training courses, examination
  and checking, initial safety training, Aircraft
  type-specific training, Recurrent training

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Part-MED Structure
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Part-MED Content

• Part-MED contains in addition for cabin crew
• Requirements on aero-medical examinations and
  assessments and their frequency
• Specific requirements for medical fitness of
  cabin crew

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• 3. Transition measures

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Transition measures

• BR Art. 70 Entry into force
• Applicability of the relevant articles as
  specified in their respective IRs, but not later
  than 8 April 2012
• In the meantime, EU OPS and the national rules
  continue to apply

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Transition measures

• EASA proposal
• Any certificates issued in accordance with
  EU-OPS/JAR-OPS 3 requirements and associated
  procedures are considered as having been issued
  in accordance with the Implementing Rules
• Appropriate transition measures will need to be
  defined for those Member States that were not
  recommended for mutual recognition by the JAA in
  relation to JAR-OPS 3

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• 4. The OPS NPA and EASA website

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The OPS NPA

• The NPA OPS contains 7 documents
• 2009-02a Explanatory note
• 2009-02b Part-OPS
• 2009-02c Subpart OR.OPS
• 2009-02d Subpart AR.OPS Subpart AR.CC
  Additions to Subpart AR.GEN
• 2009-02e Part-CC and additions to Part-MED
• 2009-02f Cross-reference tables
• 2009-02g Regulatory Impact Assessment

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EASA Website

• Flight Standards Mini-website
• http//easa.europa.eu/flightstandards/
• Please send your comments using the EASA Comment
  Response Tool (CRT)
• http//hub.easa.europa.eu/crt/

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E-tool / Handbooks

• EASA initiated work on an electronic tool to help
  stakeholders in their day-to-day activity and to
  facilitate the use of the new structure and
  requirements
• E-tool providing for easy identification of the
  requirements applicable to each activity
• Availability planned after adoption of LICOPS
  IRs

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• Thank you
• for your attention