Transition from JAA to EASA

1
Transition from JAA to EASA

• Y. Morier - JAA Regulation Director
• Presentation to SRC

2
Contents of the Presentation

• Co-operation on Safety Regulations in Europe
• Today The Joint Aviation Authorities (JAA)
• The European Aviation Safety Agency (EASA).
• Two aspects in the EASA Regulation Aviation Act
  Creation of an Agency
• Considerations
• Transition activities

3
Update on the Regulation

• Adopted 18 June 2002
• Publication as EC No 1592/2002 7 September 2002
• Entry into force 20 days after publication 28
  September 2002
• Agency commencement of operations 12 month after
  entry into force 28 September 2003
• Amendment under consultation relative to
  budgetary and contracts renewal procedures

4
JAA EASA

• Started in 1969
• Status
• - Co-operative body for aviation safety
• - No delegation of legal powers
• Legal Framework
• - Cyprus Arrangement (1990) legally non-binding
  best endeavor
• - EU Regulation 3922/91 (1991)
• binding but for 15 member States

• Will start in September 2003
• Status (See art 12 of regulation)
• European Union Agency
• Legal personality
• Implementing powers conferred to it by the
  Regulation
• Legal Framework
• European Union Regulation adopted through a
  co-decision process in June 2002

5
JAA EASA

• Objectives
• High uniform level of safety
• Cost-effective system
• Contribute to free circulation
• Promote the JAA system worldwide

• Objectives (See Art 2 of Regulation)
• Principal Objective High uniform level of safety
• Additional Objectives
• High uniform level of environmental protection
• Facilitate free movement
• Promote cost-efficiency
• Assist MS in fulfilling their obligations under
  Chicago Convention
• Promote Community views on aviation safety
  standards worldwide

6
JAA EASA

• Membership
• 15 EU Members States (MS)
• May be open to European Third countries (See art
  55 of Regulation)
• Need Legal framework
• Adopt Community legislation on Aviation Safety
• Formalised by Arrangements

• Membership
• 36 Member Authorities
• Pre-requisite for membership European Civil
  Aviation Conference (ECAC) membership
• Concept of full / candidate members

7
JAA EASA

• Scope
• Design and Manufacture operation and maintenance
  of aircraft
• Licensing of aviation personnel
• Aircraft noise and emission

• Scope (See art 1 47 and 56)
• - Design, manufacture, Aircraft noise and
  emission continued airworthiness including
  maintenance from September 2003
• All products and parts under EASA on March 2007
• - Operations and flight crew licensing from
  August 2004?
• - light aircraft excluded as per Annex 2

8
JAA EASA

• Functions
• To develop and adopt Joint Aviation
  Requirements (JAR).
• Note to become binding JARs need to be
  transposed into National or EU legislation

• Functions of the Agency (See Art 12 of
  regulation)
• -To adopt Certification Specifications (e.g.
  JAR-25) and guidance material (See art 1314)
• -To issue Opinions (e.g. recommendation) for
  higher level texts (i.e implementing rules
  essential requirements, basic principles) to be
  adopted by the Commission or the Legislator i.e
  Parliament and Council (See art 1314)

9
JAA EASA

• Functions
• To Jointly implement the JARs using Joint
  Implementation Procedures (JIP) for
  standardisation
• To establish procedures for Joint Certification
  (Multinational and Local)
• Recommend issuance of National Type Certificates

• Functions of the agency
• To issue (See art 15 of regulation)
• Type certificates for aircraft
• Certificates for parts and appliances
• Environmental certificates
• Design Organisation Approvals
• Outside MS territories, Maintenance and
  Production Organisation Approvals
• If requested by MS, Production Organisation
  Approvals inside MS .

10
JAA EASA

• Functions

• Functions of the agency (See Art 16 of
  Regulation)
• To assist the Commission by conducting
  standardisation inspections of MS in particular
  in relation to
• Production and Maintenance Organisations
  Approvals
• Release to Service Personnel Certification
• Maintenance training Organisation Approvals

11
JAA EASA

• Functions
• To harmonise with FAA and others
• To co-operate with FAA and Others on the
  Certification of Products and Services
• To co-operate with EUROCONTROL through Agreement
  of Co-operation
• To co-operate with Standardisation Bodies such as
  EUROCAE, CEN/CENELEC/ETSI and SAE

• Functions of the Agency(See art 18 of
  regulation)
• To assist the Community and MS in their relations
  with third Countries
• To cooperate with other Authorities and
  international organisations
• To assist MS to respect their international
  obligations

12
JAA EASA

• List of Texts
• Joint Aviation Requirements
• Temporary Guidance
• Joint Implementation Procedures

• List of Texts
• Important note The EASA structure of texts is
  different from JARs
• There is a need to take the JAA texts and put
  them at their right place in the EASA hierarchy
  of texts

13
JAA EASA

• List of Texts

• List of Texts (see art 4567141624434454
  and Annex 1 of Regulation)
• Applicability and Basic principles
• Essential requirements
• Implementing rules
• Certification Specifications including
  airworthiness codes and means of compliance
• Guidance
• Working methods

14
Status of EASA texts

• Applicability basic principles and Essential
  requirements Binding adopted by the legislator
  under co-decision included in Regulation.
• Implementing rules Binding adopted by the
  Commission under Comitology
• Certification Specification, guidance Generally
  non-binding but may be binding on individual
  application adopted by the agency.
• Working methods of the agency Binding for the
  agency adopted by the Management board

15
JAA EASA

• Mutual recognition policy
• JAR JIP Full Member satisfactory
  standardisation results

• Mutual recognition policy(See art 8 of
  Regulation)
• certificates issued in accordance to EASA
  Regulation must be recognised by Member States.

16
JAA EASA

• Organisation
• Governing body JAAC and JAAB consulting an IPAP
  (Interested Parties Advisory Panel)
• Executive Central JAA and Sectorial Teams
• Teams and Groups

• Organisation
• Management Board consulting an IPAP(See art 24
  to 28)
• Independent Executive Director, Directors and
  staff (See art 20, 29 and 30)
• Note Structure of the Agency is still TBD.

17
Considerations

• Smooth transition from JAA to EASA is a challenge
  that requires good co-operation
• Transition Activities have been defined. (See
  Next part of the presentation)
• Some issues Preparation of all necessary texts
  and working methods transfer of tasks
  participation of European Third Countries
  Co-operation with other Authorities and
  Organisations
• JAA is committed to smooth transition and at the
  same time to maintain Safety and Security

18
Transition Activities

• Essential Requirements, Implementing rules,
  Certification Specifications and other texts
• Concept of Core Groups to be set-up by DG-TREN
• Organisation, working methods of the Agency
• Consultant tasked by DG-TREN
• Impact of EASA on JAA
• JAA and EU/ECAC/JAA Task force
• Transition in the field of airworthiness and
  continued airworthiness
• EU
• European Third countries association process and
  legal aspects of Bilateral agreements
• EU

19
Core Groups Concept

• 11 Core groups have been set-up
• Essential requirements Operations Licensing
• Implementing rules IR 21 IR 3436 IR 39IR M
  IR 145 IR 66147.
• Certification specifications aircraft and parts
  and appliances Engine, Propellers and APUs
• Regulations interactions.

20
Core Groups Concept

• Two set of guidelines agreed
• For essential requirements
• For other texts
• In both cases 4 attachments
• EASA texts
• List of core groups
• Mapping core groups/ draft transition plan
• Composition of Core Groups

21
Core Groups Concept

• Some highlights of the guidance
• Essential requirements
• definition
• Top down approach
• Other texts
• Basically adapt current texts into EASA legal
  framework
• Implementing rules technical requirements and
  Administrative procedures

22
Core Groups Concept

• Some highlights of the guidance
• Deliverables Early drafts that will be
  processed through the future EASA consultation
  and validation process
• The NPA system will not be used but
• Sectorial Teams kept informed and their inputs
  will be considered.
• Composition of Core Groups extended on a
  case-by-case basis

23
Core Groups Update

• This update represent my best understanding of
  the activities.
• Remember what follows are proposals and may
  evolve.

24
Core Groups update

• ER Operations
• Methodology
• List of hazards (present and future) and Evaluate
  associated risks completed
• Risks mitigation started
• Target date December 2002

25
Core Groups update

• ER Licensing
• Methodology Risks/Hazards approach
• 5 Hazard areas identified Age, medical,
  Inadequate theoretical knowledge, Inadequate
  skills, Inadequate/non-standardised training.
• Draft proposal for revised Article 4 and new
  Article 5 bis completed.
• Target date December 2002

26
Core Group update

• Transformation of JARs and JIPs into Implementing
  Rules and Other texts
• See Flowchart

27
Core Groups update

• IR 21
• Draft IR part A early draft IR part B sent to
  DG-TREN on 30 June 2002
• Focus of the group is now
• Refine Part B
• Prepare guidance material
• Review and update Part A
• Completion of the work December 2002.

28
Core Groups update

• IR 21
• Points of note
• Subparts L?, N and P removed
• Only one subpart for DOA
• Interface with IR M and IR 34/36
• Interface with Core Groups preparing Products and
  parts Certification Specifications

29
Core Group Update

• IR 34/36
• Implementing rules to be co-ordinated with the IR
  21 CG and integrated into IR 21
• The Annex 16 Appendices and attachments to be
  transferred to Certification specifications and
• Article 6 of Regulation contains the Essential
  requirements ( reference to Annex 16, except the
  Appendices)
• Guidance material to contain Environmental
  Technical Manuals
• Next meeting 16-17 of September

30
Core Groups update

• IR 39
• Part A based on JAR 39 Section 1
• No part B
• AMC based on JAR 39 Section 2.
• Work completed. Only interfaces IR 21/39 to be
  checked.

31
Core Groups update

• IR M Concept
• Two processes for C of A validity checks
• Approved environment
• Non-approved environment
• Regular Validity Checks but possibility of an
  indefinite C of A
• Full delegation to an approved organisation ?
• Non Commercial Air Transportation
• Management of Continuing airworthiness based on
  size and complexity of aircraft
• Partial delegation of responsibility from the
  owner to an approved organisation is possible

32
Core Groups update

• IR M Status
• Full structure of IR M will be developed
• Very preliminary draft of Part A has been
  produced.

33
Core Groups update

• IR 145 / ECAR 145
• Part A and Part B consolidation October 4
• NPAs Incorporation November 5/6
• Guidance material review November 27/28
• Finalise Core Group Document for EASA December
  11/12

34
Core Groups update

• IR 66/147
• Boundary IR 66 and IR 145.
• IR 66 Part A and AMC 66 Part A circulated within
  maintenance.
• IR 66 Part B September 2002
• IR 147 part A B October /November 2002
• Incorporation of NPAs January 2003

35
Core Groups Update

• Airworthiness of Aircraft (Including parts and
  appliance) CG09
• JAR-25, 29, -23, -27, -22, -AWO, -VLA, -VLR, -TSO
  (balloons, airships?) GAI-20.
• JAR Section 1 ? EASA airworthiness codeJAR
  Section 2 ? EASA AMC
• meetings 8 July, 21 August, 5 more planned
• Pilot case JAR-23 completed
• NPAs cut-off date end of November
• To be finished February 2003

36
Core Groups Update

• CG09 (continued)
• From JAR-23 transposition developed general
  guidelines
• Underlining deleted
• S.I. units
• Not address applicant
• Maintain must, shall and requirement
• Non-compliance with ER example JAR-22
• Equivalent to JAR-1 proposed

37
Core Groups Update

• Airworthiness of Engine, propellers and APUs
  CG10
• JAR-E, -P, APU
• JAR Section 1 ? EASA airworthiness codeJAR
  Section 2 ? EASA AMC
• meetings 3 July, 3 more planned
• Draft CSs available
• To be finished February 2003

38
Core Groups Update

• Regulatory Interactions Report on first phase
• Development of the document
• Importance of Regulatory Interactions
• Scope of work
• Identification of affected bodies.
• Identification of interactions
• Recommendations and priorities
• Follow-up.

39
Core Groups Update

• Regulatory Interactions
• Report on first phase sent to DG-TREN on 31 July
  2002
• Main body
• Attachment 1
• Attachment 2

40
CJAA involvement in Consultant activities

• CJAA should be consulted on the following
  topics
• Potential Structure of the Agency
• Advisory Body of Interested Parties
• Communication and Publication Strategy
• Rule-making
• Enforcement
• Standardisation

41
CJAA involvement in Consultant activities

• CJAA should be consulted on the following
  topics
• Certification of people and organisations
• Certification of products
• Training and development for the staff
• Transition and Implementation

42
CJAA involvement in Consultant activities

• CJAA has defined a system of focal points and
  back-up.
• Consultant should provide a list of focal points.
• Focal points from the Consultant to approach
  their counter-part from CJAA

43
Update Contacts with the consultant

• Main contacts were on
• Rulemaking See Robins paper
• Comments requested 21/06
• Enforcement See Nicolas paper
• Comments requested 15/06

44
Update consultant activities

• Draft final report submitted to DG-TREN on August
  7 close to what was presented to the Stake
  holders on July 2.
• Report discussed with DG-TREN during week 35.
• DG-TREN comments under consideration
• Final report early November

45
CJAA and EU/ECAC/JAA task force

• JAA business plan
• Revised to take into account EASA activities
• Was agreed by JAAB in July
• RD has proposed to include the definition of a
  criteria to transfer Airworthiness regulatory
  Work Programme and its implementation
• Items have been classified into
• Priority tasks
• Tasks to be passed to Core Groups
• Tasks to be passed to consultant
• No priority tasks

46
Inventory of the Airworthiness rulemaking
programme

• These are preliminary thoughts
• Some assumptions
• September 2003 the Agency starts operations
• Airworthiness JARs publication likely to be
  discontinued by end 2003
• EASA Rulemaking procedures adopted
• May be less clear cut than described

47
Inventory of the Airworthiness rulemaking
programme

• WHY?
• Prepare transfer of regulatory and associated
  activities to EASA
• WHAT?
• Identify rulemaking activities and deliverables.
• Include Harmonisation and prioritisation of
  Harmonisation
• Include JSSI Research and CORA

48
Inventory of the Airworthiness rulemaking
programme

• WHO?
• Steering Groups JSSI Steering Group Research
  Committee Prepare
• RD/RST Review.
• WHEN?
• Available March 2003.

49
Inventory of the Airworthiness rulemaking
programme

• Points of Special Attention
• NPA cut-off date for inclusion in first issue of
  Certification Specifications Review at November
  RST.
• NPA cut-off date for JAA process TBD
• Importance of good communication with Groups
• Meeting with Chairmen in November
• Regular participation of RD in meetings.

50
CJAA and EU/ECAC/JAA task force

• Scenarios
• Scenarios
• 5 0ptions presented at the July meeting of the
  ECAC/JAA/DG-TREN task force See attached table.
• Why ? Two issues how to handle Operations and
  Licensing How to continue co-operation with
  non-EU Member States
• Discussions continued at the informal meeting of
  ECAC DGs during week 35
• The following scenario seems to be the preferred
  one Option 3 first followed later on by Option 4

51
Transition in the field of airworthiness and
continued airworthiness

• Transfer of Approvals (e.g. DOA)/Certificates
  (e.g. TC) from NAAs to EASA Working Group
  chaired by DG-TREN
• Three cases
• New EASA Being processed EASA Existing no
  technical work except particular situations
• Maximum use of existing resources.
• Necessary requirements in IR 21
• Output of the work policy paper from DG-TREN.

52
Bilateral co-operation in the field of
airworthiness and maintenance

• Working Group chaired by DG-TREN assisted by
  Central JAA
• Draft Standard agreement with its annexes under
  development.
• Way forward still being discussed.
• Summary of contacts with FAA
• Airworthiness FAA wish to see demonstrated
  capability of new system.
• Maintenance seems easier.

53
Conclusion

• Your comments, inputs, reactions are welcome!