FREQUENTLY ASKED QUESTIONS

Transcription

1 FREQUENTLY ASKED QUESTIONS Question: What is the scope of the Basic Regulation regarding aerodromes foreseen under Art. 4 Para. 3a? Art. 4 of Regulation (EC) No 216/2008 [3a] Aerodromes, including equipment, located in the territory subject to the provisions of the treaty, open to public use and which serve commercial air transport and where operations using instrument approach or departure procedures are provided, and: (a) have a paved runway of 800 metres or above; or (b) exclusively serve helicopters; shall comply with this Regulation. Personnel and organisations involved in the operation of these aerodromes shall comply with this Regulation. The term Commercial Air Transport (CAT) is not defined in Regulation (EC) No 216/2008; however, to meet requirements (Regulation (EC) 1794/2006 laying down a common charging scheme for air navigation services,) the following definition applies: 'commercial air transport means any aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire. Question: What is the definition of an IR, AMC and CS and GM and what differences can be proposed? Implementing Rules (IR) are binding in their entirety and used to specify a high and uniform level of safety and uniform conformity and compliance. The IRs are adopted by the European Commission in the form of Regulations. Acceptable Means of Compliance (AMC) are non-binding. The AMC serves as a means by which the requirements contained in the Basic Regulation, and the IR, can be met. However, applicants may decide to show compliance with the requirements using other means. Both NAAs and organisations may propose alternative means of compliance. Alternative Means of Compliance are those that propose an alternative to an existing AMC. Currently, NAAs may propose an Additional Means of Compliance that propose new means to establish compliance with the Basic Regulation and its IR for which no associated AMC have been adopted by the Agency. However, the Agency has made a proposal to the Commission to merge the Alternative and the Additional Means of Compliance (to be jointly known as Alternative Means of Compliance). When an alternative means of compliance has been accepted by the NAA, the NAA will inform EASA and the information will be made publically available (e.g. through publication on the NAAs website). Those Alternative Means of Compliance proposals must be accompanied by evidence of

2 their ability to meet the intent of the IR. Use of an existing AMC gives the user the benefit of compliance with the IR. Certification Specifications (CS) are non-binding technical standards adopted by the EASA to meet the essential requirements of the Basic Regulation. CSs are used to establish the certification basis (CB) as described below. Should an aerodrome operator not meet the recommendation of the CS, they may propose an Equivalent Level of Safety (ELOS) that demonstrates how they meet the intent of the CS. As part of an agreed CB, the CS become binding on an individual basis to the applicant. Special Conditions (SC) are non-binding special detailed technical specifications determined by the NAA for an aerodrome if the certification specifications established by the EASA are not adequate or are inappropriate to ensure conformity of the aerodrome with the essential requirements of Annex Va to the Regulation (EC) No 216/2008. Such inadequacy or inappropriateness may be due to: the design features of the aerodrome; or where experience in the operation of that or other aerodromes, having similar design features, has shown that safety may be compromised. SCs, like CSs, become binding on an individual basis to the applicant as part of an agreed CB. Guidance Material (GM) is non-binding explanatory and interpretation material on how to achieve the requirements contained in the Basic Regulation, the IRs, the AMCs and the CSs. It contains information, including examples, to assist the user in the interpretation and application of the Basic Regulation, its IRs, AMCs and the CSs. Question: Will EASA provide justification for provisions adopted from Annex 14 when they are equal, above or below the SARP? Guidance was given to the rulemaking groups during the drafting process. No justification is needed when the draft rules are at the level of Annex 14, however, should they differ either way, full justification will be provided and published in the Notice of Proposed Amendment (NPA) to support the change. Question: Will the NPA to be issued in December 2011 include all the rules or will EASA issue separate NPAs to cover the AMC and GM? The IRs are the priority for the NPA, however, to give a better definition of how the IR will be supported, it is the intention of the EASA to include as many AMCs, CSs and GM as available at the time.

3 Question: Will EASA provide guidance on how and when to use an alternative CS? The term alternative CS does not exist. It is the responsibility of the rulemaking groups to draft appropriate CSs. However, alternatives to a CS may be proposed by an operator in the form of an ELOS and by NAAs in the form of an SC. Question: What is meant with Certification Basis (Art. 8a, para. 2a and 2b)? Awarding of an aerodrome certificate is a two stage process. The first stage is to establish the Certification Base (CB) using: the applicable Certification Specifications (CSs). any proposed Equivalent Level of Safety (ELOS) by the applicant. any special conditions (SCs) determined and notified by the NAA. Once the first stage is finalised, the second stage involves using the Aerodrome Manual and Aerodrome Inspections to assess the aerodrome operator s ability to meet the requirements of the Basic Regulation (the Essential Requirements (ER) and Implementing Rules (IR)). The NAA will issue the certificate(s) when: the applicant has shown that the aerodrome complies with the agreed CB; the aerodrome has no features or characteristics making it unsafe for operation. it has approved the Aerodrome Manual submitted by the operator; and the aerodrome operator has demonstrated, to the satisfaction of the NAA, compliance with the applicable requirements of the ERs and IRs and any other applicable requirements, that have been notified by the NAA. Question: What happens to the existing aerodrome deviations under the CB process? Existing Certificates/Licences have to be transferred into aerodrome certificates under the Basic Regulation. The new IRs will define the criteria for the transfer. It is proposed within the certification process that all aerodrome deviations should be individually addressed to identify suitable mitigation measures as appropriate. In some circumstances a safety assessment will need to be undertaken to establish an ELOS that will be included in the CB proposal; in other cases the NAA may propose an SC to be included in the application for the certificate. Question: What will be the transition period? The transition period is likely to be proposed by the EASA to be 48 months.

4 Question: To what extent will NAAs be allowed to take into account the differing environments and location of aerodromes: to what extent is there flexibility possible? NAAs will be able to introduce Special Conditions (SCs) or assess any proposed Equivalent Levels of Safety (ELOS) to ensure the environment or location does not compromise an aerodrome s ability to meet certification requirements. Question: Would it be possible to first concentrate on the larger airports and deal with the regional airports/aerodromes later? It is expected that NAAs will develop an internal plan for transition of certification commensurate with the types of aerodromes they oversee and ensuring they meet the proposed 48 months transition period. Question: Does the EASA certificate replace the ICAO certificate? Is that explicitly stated in the BR? Signatory States to the Chicago Convention are obliged to certify their aerodromes based on national legislation implementing the ICAO requirements. This generally leads to the awarding of a National Aerodrome Certificate/Licence. Within the EU, Member States have transferred to the Union the power to legislate in the area of safety of aerodromes. Therefore, as from entry into force of the IRs, Member States will continue to certify their aerodromes, and award National Aerodrome Certificates, but in accordance with the Basic Regulation and its IRs. Question: is it still planned that only Member State authorities undertake audits and issue certificates or is it planned that EASA will do its own audits in the area of safety, like those done by the EU Commission for aviation security? EASA will undertake standardisation visits to the NAAs covering the certification of aerodromes, (similar to those in the area of continuing airworthiness). Aerodromes may be visited to better understand the dealings between the authority and the aerodrome operator, but EASA would not raise findings against the undertaking. Question: Will the transposition of Annex 14 be into the implementing rules or with dynamic reference to the Annex 14? Transposition of Annex 14 will be reflected into Implementing Rules, Acceptable Means of Compliance, Certification Specifications and Guidance Material.

5 Question: How will the differentiation between Standards and Recommendations be treated in the transition to the new rules? In considering transposition of Standards & Recommended Practices (SARPs), the rulemaking working groups have found it necessary to use a case-by-case approach to determine, whether for EU Member States, uniform application through IR is necessary or feasible. Where an IR is not necessary or feasible, AMC would be the appropriate transposition. This would also result in the complementary use of the verb should. For such cases, a high level requirement or safety objective should also be introduced or identified at the level of the IR. Additionally, some Recommended Practices may be more appropriate as GM, particularly for those provisions for which compliance cannot be measured. In addition to the above, working groups have attempted to follow the general understanding that; the majority of SARPs related to design will be transposed into a CS; and everything else that implies an obligation of the operator will be transposed as an IR or AMC Question: Is it planned to use the material produced by the Group of Aerodrome Safety Regulators? The Terms of Reference (ToR) for all the Rulemaking Groups state that material produced by the GASR/ACI exploratory groups should be taken into account, when they are relevant along with any other procedures that reflect the state of the art and the best practices in the field of aerodromes. However, the primary point of reference is Annex 14 and its associated manuals. Question: What is the timeline for the issue of the first draft implementing rules? The Notice of Proposed Amendment (NPA) is planned for December Publication of the Opinion by EASA in December 2012 and finally that the IRs shall be adopted by the Commission before 31 December Question: Is it planned to have two different certificates, one for the aerodrome operator and one for the aerodrome infrastructure? Based on Art. 8a 2d both options are possible; the Member States will decide which certificates are to be issued. However, it is normally expected to be only one combined certificate.

6 Question: What will be the development for aerodrome SMS? Will the EASA copy the ICAO concept or is something additional planned? The ICAO SMS concept will be adopted under the implementing rules for aerodrome operator organisations. Question: Is an extension of the applicability of the EASA rules towards smaller aerodromes planned? Nothing at this stage, but Regulation (EC) No 1108/2009 (amending Regulation (EC) No 216/2008 recital (6)) includes this as a future possibility. Question: Is it planned to have a regulation for the design of heliports? Yes, as required by the Basic Regulation. However, implementing measures for heliports (Annex 14, Volume II, Heliports) both in terms of stand-alone Instrument Flight Rule (IFR) heliports as well as Visual Flight Rules (VFR) heliports collocated at certified aerodromes will be done at a later stage. Until these implementing rules are in place, the respective national regulations will be applicable, to the extent they do not conflict with applicable rules of the EU.