Title: CNS-ATM, EASA, 10.10.2006
1EASA rulemaking
Presentation CNS-ATM, EASA, 10.10.2006 Y Morier
2Contents of the presentaion
- Description of the EASA rulemaking procedure
- Attachment I Principles for cooperation with FAA
- Attachment II Cooperation with standardisation
bodies - Attachment III Procedure to comment on ICAO
State Letters - Attachment IV Rulemaking process some
developments
3Rulemaking General
- Task of the Agency Basic Regulation Articles 13
and 14 - Establishment of Rulemaking Procedure based on
Article 43 - EASA Management Board MB/7/03, 17 June 2003
- Procedure for the issuing of opinions,
certification specifications and guidance
material Rulemaking Procedure
4EASA present regulations structure
Agency Opinion
Annex I Essential Requirements for
Airworthiness Annex II Excluded Aircraft
Basic Regulation Regulation (EC) 1592/2002 of 15
July 2002
Agency Opinion
Regulation (EC) 2042/2003 on Continuing
Airworthiness
Regulation (EC) 1702/2003 on Airworthiness and
Environmental Certification
Annex I (Part-M) Continuing Airworthiness
Requirements
Section A Technical Requirements
Section B Administrative Procedures
Section A Application Requirements
Annex II (Part-145) Maintenance Organisation
Approvals
Appendices EASA forms
Section B administrative Procedures
Annex (Part 21)
Appendices EASA forms
Annex III (Part-66) Certifying Staff
Annex IV (Part-147) Training Organisation
Requirements
Guidance Material Part 21
Certification Specifications
Agency CS , AMC GM
AMC Guidance Material Part M, 145,66,147
AMC 20 AMC 21 CS 25 CS 34 CS 36 CS E CS P CS APU
CS 22 CS 23 CS 27 CS 29 CS VLA CS VLR
CS AWO CS ETSO CS Definitions
Parliament and Council
European Commission
EASA
5Rulemaking Procedure
- Contents
- JAR 11 used as reference
- section 1 Basic principles and applicability
- Section 2 Rulemaking Procedure
- programming
- initiation, drafting, consultation, comments
review, adoption NPA process - Section 3 Final provisions
6 Programming (process)
- (ED) Executive Director establishes annual
rulemaking program - He consults SSCC and AGNA
- any person may propose issues
- Programme supported by preliminary RIA
(Regulatory Impact Assessment) - ED can adapt the program
- Publication of program
- Regular review of the impact of rules
7 Programming (contents)
- Program takes account of
- EASA objectives
- safety, environmental protection, free movement,
cost-efficiency - Criteria for implementing rules
- state of the art, experience and technical
progress - Developments in European and international law
- Harmonization with non-EU partners
8 Programming (contents)
- Program takes account of (continued)
- Risk assessment studies and research
- need to correct implementation problems
- results of air accident investigations
- needs of emerging air traffic enhancement program
9Programming in practice
- The general approach for the development of Year
N Rulemaking programme and the advance planning
is briefly explained here - 1.The inventory of all rulemaking tasks is
presented/ - At the AGNA (Advisory Group of National
Authorities) and SSCC (Safety Standards
Consultative Committee) meeting in November Year
N-2 requesting their comments for March Year N-1 - In parallel to the FAA to establish a list of
subjects for joint action - 2. The Year N programme is adopted in July of
Year N-1 and two documents are produced - the Year N Rulemaking programme
- Contain deliverables that commit the Agency
- Year N Advance Planning
- Give an indication of the task that are either
on-going or will start in the year but will not
be finished in that year
10 Flow - Chart
11NPA Process Initiation
- Draw up Terms of Reference after consulting SSCC
and AGNA - definition of task
- timetable
- format of deliverable
- Choose between drafting group or Agency resources
- If drafting group ED decides composition after
consulting SSCC and AGNA - Agency to provide support to groups
12NPA Process Drafting
- ED may amend ToR
- ED to verify that drafting result satisfies ToR
- Assign unique NPA reference code
- Publish NPA, including
- proposed rule
- explanatory note
- significant, contentious or interface issues
- situation with respect to ICAO and non-EU AA
- full RIA
13 Regulatory Impact Assessment
- What decision support process
- Why improve quality of regulation
- How clarify positive and negative impacts
- form not prescribed
- model provided
- RIA proportionate to the likely impact
14 Regulatory Impact Assessmentmodel
- Purpose and Intended Effect
- Issue which the NPA is intended to address
- Scale of the issue (quantified if possible)
- Brief statement of the objectives of the NPA
such as a safety improvement - Options
- The options identified and evaluated
- If possible the preferred option selected
- Sectors affected
- sectors affected and the number of organisations
/ individuals / aircraft affected
15 Regulatory Impact Assessment model (continued)
- Impacts
- quantified
- segmented by sector
- addressing following considerations
- Safety,
- Economic,
- Environmental
- Social
- Other aviation requirements
- Equity and fairness issues
16Regulatory Impact Assessment model (continued)
- Consultation
- Summary and Final Assessment
- Comparison of impacts
- summary of who are affected and issues of equity
and fairness - Final assessment and recommendation
17NPA Process Drafting
- take account of
- EU Law (EASA Regulation)
- ICAO SARPs
- harmonization with non-EU partners
- results of air accident investigations
- timely implementation
- compatibility with existing rules
- state of the art and best practices
- technological developments
- regulatory impact
18NPA Process Consultation
- Any person may comment
- Consultation period 3 monthsalthough ED may
decide on different period - extensions can be granted only in exceptional
cases - Comments shall contain
- identification of the comment provider
- NPA reference code
- position with justification
19NPA Process Review of comments
- Comments review by original drafter(s) AND
experts not involved in the drafting - Comment response document (CRD) to be published 3
months after consultation - above period can be amended
- if significant differences ED may decide to
re-circulate - if major objections from NAAs (for rules to be
applied by MS), ED shall consult AGNA
20NPA Process Adoption and publication
- ED will issue decision not earlier than 2 months
after publication of CRD - Rules explanatory memorandum to be published in
Agencys Official publication
21Rulemaking other issues
- SSCC
- AGNA
- co-operation with third countries and
International organisations arrangements - Access to documents EC regulation 1049/2001
- Retention of documents indefinitely
- Special procedures A-NPA
- transition easier procedure
22- THANK YOU FOR YOUR
- ATTENTION.
- Your comments/questions are welcome
- www.easa.eu.int
23Attachment I
- Principles for cooperation with FAA
24Rulemaking cooperation with FAA (I)
- Principles agreed for continuation of cooperation
- Exchange of rulemaking programmes and
identification of items of common interest - Definitions of working methods for items of
common interest - Internal coordination between FAA and EASA
- Nomination of focal points
- EASA or FAA take the lead
- EASA join FAA (ARAC) group and vice versa.
25Agreed principles
- Background
- EASA and FAA agreed that they should continue to
cooperate on rulemaking issues as a follow-up of
the FAA/JAA Harmonisation work programme - However due to the new context there was a need
to define new principles - These principles were agreed in Philadelphia at
the 2004 Annual Conference.
26Agreed principles
- Exchange of rulemaking inventories in October
Year N-2 - Agreement on list of items of common interest,
associated working methods and nomination of
focal points for these items by April of Year N-1
- Incorporation of such items by FAA and EASA in
their work programmes - EASA in the Rulemaking work programme and
Advance rulemaking programme of Year N - FAA Ongoing Rulemaking Program
27Agreed principles
- Items of common interest include
- Items for joint action
- Issues are included in the two organisations work
programmes and timescales are compatible - Work is shared as much as possible to reduce
costs - Items for information exchange
- Improve awareness of a subject by either party
- Avoid regulatory developments that could create
incompatibilities.
28Agreed principles
- Each party remains responsible for its formal
deliverables - NPA/NPRM
- Final rule
- Focal points coordinate before public
consultation of NPA/NPRM and adoption of final
rule. - Divergences of views identified through above
consultation subject to high level discussions
29Agreed principles
- These principles have been put in place in an
informal manner since 2004 using a flow chart
agreed at an EASA/FAA/JAA management meeting in
December 2004 - Examples of active cooperation Fuel tank safety,
Aging Aircraft, UAV, several CS-25 cabin safety
tasks - Experience has shown the need to put in place a
more formal procedure and also to improve the
process.
30Implementation of the principles
- An FAA-EASA rulemaking cooperation procedure has
been drafted in March 2006 addressing - Objectives
- Scope
- Programming
- Working methods
- Still under discussion
- a teleconference on 28 April 2006 has identified
among other things the need to clarify the
working methods in particular when one side takes
the lead.
31Implementation of the principles
- A list of 77 items of common interest has been
established (May 2006) but its further
development has been delayed by the discussion on
working methods. - 22 Subjects are considered for common action.
32Perspective
- Short term
- Finalise procedure
- Finalise list of subject of common interest
- urgent because EASA is due to adopt its
rulemaking and advance rulemaking programmes for
2007 in June 2006 - Long term
- Formalise the rulemaking cooperation under the
bilateral agreement.
33Conclusion
- The commitment to cooperate on rulemaking is very
strong - Progress has been slower than expected reducing
the visibility of the efforts. - Your support, comments and advice are welcome.
34Attachment II
- Cooperation with standardisation bodies
35EASA use of standards in regulatory activities
- Quantitatively main use of standards is in
CS-ETSO - ETSO stands for European Technical Standard
orders - Such Standards comes from mostly SAE, RTCA and
EUROCAE - Special case of RTCA DO-160D/ EUROCAE ED-14D
RTCA DO-178B/ED-12B. - Standards may also be referred to in AMC
- E.g. AMC 25.1309 refer to RTCA DO-160 D/ EUROCAE
ED-14D RTCA DO-178B/ED-12B SAE ARP 4754/EUROCAE
ED-79 and SAE ARP 4761
36EASA use of standards in regulatory activities
- Standards may also be referred to in Implementing
Rules - E.g. Part M talks of officially recognized
standards - NPAs are needed to modify implementing Rules,
Certification Specifications and Acceptable Means
of Compliance
37EASA use of standards in regulatory activities
- The existing Standardization bodies should be
encouraged to co-operate - To avoid duplication of work and to enhance
harmonization - Based on the EU Global Approach the EASA is
considering increasing its reliance on
Standardization Bodies - EU Novel Approach Essential requirements
Community Specifications, modules for Conformity
Assessments - Increasing its reliance How and when is still TBD
38Rulemaking cooperation with Standardisation
bodies
- Active cooperation with EUROCAE
- Participation into the Technical Committee
- Planning outsourcing of some tasks to EUROCAE in
the field of Equipment. - Active cooperation with SAE (Society of
Automotive Engineers) - Participation into the Aerospace Council
- Contacts with CEN and ETSI
- For the future try to increase reliance on
Standardisation Bodies.
39Attachment III
- ICAO
- Procedure to comment on State letters related to
the amendment of ICAO Annexes 1, 5, 6, 8, 13, 16,
17 and 18. - Evaluation
- Drafting of the recommendation
- Consultation and final recommendation
- Sending out the recommendation to Member States
and EU representative in ICAO - Participation into ICAO Airworthiness panel
40Attachment IV
- Rulemaking process some developments
- Internal book of procedure to be ready for Autumn
2006 - Discussion on a new procedure for guidance
material - Discussions on a general EASA Rulemaking template.