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Title: CNS-ATM, EASA, 10.10.2006


1
EASA rulemaking
Presentation CNS-ATM, EASA, 10.10.2006 Y Morier
2
Contents 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

3
Rulemaking 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

4
EASA 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
5
Rulemaking 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

9
Programming 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
11
NPA 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

12
NPA 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

16
Regulatory 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

17
NPA 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

18
NPA 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

19
NPA 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

20
NPA 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

21
Rulemaking 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

23
Attachment I
  • Principles for cooperation with FAA

24
Rulemaking 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.

25
Agreed 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.

26
Agreed 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

27
Agreed 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.

28
Agreed 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

29
Agreed 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.

30
Implementation 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.

31
Implementation 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.

32
Perspective
  • 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.

33
Conclusion
  • 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.

34
Attachment II
  • Cooperation with standardisation bodies

35
EASA 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

36
EASA 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

37
EASA 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

38
Rulemaking 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.

39
Attachment 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

40
Attachment 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.
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