EASA rulemaking in ATM/ANS. Entry Point North annual AFIS Seminar 5th and 6th of September 2012, Malmö

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1 EASA rulemaking in ATM/ANS Entry Point North annual AFIS Seminar 5th and 6th of September 2012, Malmö

2 Single European Sky II Four pillars of Single European Sky II Single European Sky legislation on ATM» Binding performance targets» Network management functions Extension of EASA competences to ATM and aerodromes» Fill the missing link in EASA & address key safety issues SESAR upgrade technology of ATM Airport capacity» Co-ordination between air & ground bottlenecks 2

3 Aviation safety policy in Europe High & uniform level of aviation safety European safety regulatory system common safety rules ensuring that products, services, persons and organisations comply with safety rules establishing independent safety regulator = EASA EASA system shared roles between Member States, Commission, EASA & stakeholders Progressive harmonisation of safety requirements across all fields

4 Total system approach 4

5 Vision and mission Recital (3) of BR: (3) The Chicago Convention already provides for minimum standards to ensure the safety of civil aviation and environmental protection relating thereto. Community essential requirements and rules adopted for their implementation should ensure that Member States fulfil the obligations created by the Chicago Convention, including those vis-à-vis third countries. Article 2.2(d) of BR: to assist Member States in fulfilling their obligations under the Chicago Convention, by providing a basis for a common interpretation and uniform implementation of its provisions, and by ensuring that its provisions are duly taken into account in this Regulation and in the rules drawn up for its implementation change via "view" > "header and footer" 5

6 EASA system - roles EU COMMISSION Adopts implementing rules Enforcement measures EASA Proposes IR s (Opinions) Adopts AMC s, CS s, GM Standardisation inspection Issues (rarely) certificates Assists MS & stakeholders to apply common rules EASA STATES AGNA/RAG Implement rules Issue (most) certificates Standardisation Oversee organisations Advise EASA

7 Revised RM process: ATM TAG Revised EASA rulemaking process; Including the advisory structure AGNA -> RAG (Regulatory Advisory Group)+ 4 TAG (Thematic Advisory Groups), -> ATM TAG ATM TAG will (e.g.): advice on RM task content and priorities look at the implementation feedback loops advice on the rulemaking needs discuss complex technical rulemaking issues advice on the RM groups composition advice the RAG on specific technical aspects Also make regulatory proposals: Member States (and observers) invited First meetings in September

8 EASA roles and responsibilities in ATM/ANS 8

9 Rulemaking process 4-year Rule making Programme Task initiation ToR incl. Group Composition Analyse issue and develop Draft RIA RIA Draft Rule NPA (RIA) Public Consultation CRD ToR Final Review reactions period Decision Opinion Contribution by Rulemaking Group Contribution by Review Group NPA (Notice of Proposed Amendment); Contains - Explanatory Note, RIA, draft proposal, ICAO check Is open for public consultation NPA may propose new rule or an amendment and/or AMC-GM A-NPA (Advanced NPA) aims at defining the regulatory approach

10 What Basic Regulation Requires? new Articles: 1. Scope 4. Basic principles & applicability 8b. ATM/ANS service provision 8c. Air Traffic Controllers 22b. ATM/ANS certification 22c. ATCO certification new Annex Vb - ATM/ANS ER s: 1. Use of airspace 2. ATM/ANS services 3. Systems & constituents 4. Qualification of ATCO s 5. Service providers & training organisations

11 ATM rulemaking - status rulemaking driver : Implement BR Fast- track rules On-going RM tasks -> comply / BR ATM/ANS Rulemaking Implement SES Feedback loops (AIB SRs, occurrences, inspections, ) ATM Performance scheme PBN implementation HETA (Harm. Transition Alt.) amendments (poss.) to existing rules (or AMC/GM) Rulemaking Inventory pre-ria ACAS II on smaller a/c

12 Fast track process SES Committee meeting in December 2009: re discussed the priorities of legislative work requested an accelerated process for three key tasks Requirements on ANS provision (ATM.001) Safety oversight in ATM/ANS (ATM.004) ATCO licensing (ATM.003) >>>> Fast-track approach transposition of existing rules minimum technical changes / updates Opinions to be issued directly to CION (= no NPA, no formal public consultation conducted by EASA, no CRD)

13 Outcome of fast-track Rules adopted in Regulations 1034 (SO) and 1035(CR) in Oct. Regulation 805 (ATCO) in Aug. Basis for further harmonisation Standarisation inspections can start end 2011 The Agency becomes competent authority for Pan- EU service providers (e.g. EGNOS NSP) and for training organisation and service providers located outside the EU The Agency becomes the safety oversight authority for the Network Manager (first audit in 2012) Safety analysis can expand to ATM/ANS Create the basis for future work e.g. ATM/ANS systems

14 On-going ATM RM tasks (1) Following (ATM) rule structure maintained -> amendments ( no additional rules ) Basic Regulation (as amended by Reg 1108/2009) ATM/ANS Providers & CA 1035/2011 & 1034/2011 ATCO Licensing 805/2011 Airspace Usage 1332/2011 Systems ATM systems SERA Parts A B - C Part ACAS ADR equipment Part HETA on-going task not launched

15 On-going ATM RM tasks (2) Rule Amendment Legal basis) Note Reg 1035/ local ASM/ATFM (ANSP) Airspace Design (providers) ATS/MET/AIS/DAT technical requirements BR Art 8b + Annex Vb 2g/h/f, 5a BR Art 8b + Annex Vb 2a/b/c, 5a - - Airspace designers Art 8b + Annex Vb 2i - - Human factor ERs - - Reg 805 (ATCO) Personnel qualifications ATSEP training ICAO Annex I, Trg Org privileges, instructors, assessors, Art 8b + Annex Vb 5b (i-iv) Art 8b + Annex Vb 5a (iv) Art 8c + Annex Vb 4a 4j Incl. AMC/GM Reg 1332 HETA (poss.?) SES + BR Annex Vb1 now A-NPA tbd ATM Systems Art 8b.4/5 (Art 8a.1/2/5) (ADR equip.) not initiated SERA IR SERA (former Part C) SES + BR Annex Vb1 integrated

16 Extension to ATM BR provisions on ATM/ANS (1) Article 8b ATM/ANS 1. Provision of ATM/ANS shall comply with the essential requirements laid down in Annex Vb ATM/ANS providers shall be required to hold a certificate 3. By way of derogation providers of FIS may declare 4. Measures (IR s) may require certification of organisations in design, manufacture and maintenance of safety critical ATM/ANS systems and constituents 5. Measures (IR s) may require certification of safety critical ATM/ANS systems and constituents

17 Extension to ATM BR provisions on ATM/ANS (2) Article 8b ATM/ANS 6. Measures (IR s) shall be adopted in accordance with Regulation 549/2004 (=SES Committee) 7. Measures (IR s) shall; d) be developed using as far as practicable the relevant provisions of Regulation 549/2004 (=SES regulations) and provide for transitional mechanisms to ensure the continuity of approvals already granted In addition, a new Article inserted in Regulation 549/2004 (=SES): When implementing SES Member States & Commission shall coordinate with EASA to ensure that all safety aspects are properly addressed.

18 Extension to ATM BR provisions on ATCO licensing Article 8c Air traffic controllers 1. Air traffic controllers + persons & organisations involved in training, testing, checking or medical assessment shall comply with essential requirements in Annex Vb ATCO s shall be required to hold a licence & medical certificate 6. Capability of ATCO training organisations, aero medical examiners & aeromedical centres shall be recognised by certificate. 8. Persons providing practical training or for assessing ATCO s skill shall hold a certificate. 11. Measures (IR s) shall initially be developed on the basis of the provisions of Directive 2006/23 on a Community ATCO licence.

19 Extension to ATM BR provisions on airspace users Article 8 The operation of aircraft shall comply with the ER s in Annex IV and, if applicable, Annex Vb Article 9 Aircraft (3 rd country operations), their crew and their operations, shall comply with applicable ICAO Standards. To the extent that there are no such standards, these aircraft and their operations shall comply with Annexes I, III, IV and, if applicable, Annex Vb Air operators covered by the amended BR shall comply with ATM ER s on Use of the airspace (Annex Vb 1) and related IR s; Rules of the Air & equipage rules

20 Continuous Rulemaking Programme 20

21 Link with performance scheme EASA System EASP Proposed Performance Scheme Airworthiness Aircraft Operations Aerodromes SES II Performance Scheme ANS Safety Capacity Environment Costefficiency 21

22 Extension to ATM BR provisions on EASA oversight Article 22b ATM/ANS certification With regard to ATM/ANS the Agency shall : (b) issue & renew certificates of organisations located outside the territory of Treaty, responsible for providing services in MS s; (ba) issue & renew certificates of organisations providing pan- European services; Article 22c Air Traffic Controller Certification (b) issue & renew the certificates of ATCO training organisations located outside the territory of the Member States

23 EASA Oversight Activities Oversight of 3 rd country training organisations is being performed in accordance with Regulation 805/2011; On-going support of the Commission in the oversight of the Network Manager; The French Authority is cooperating with EASA to ensure smooth takeover of EGNOS oversight (November 2012); EASA has received application(s) for pan-european service providers and relevant certification activities has been already launched.

24 EASA Standardisation Activities In 2012 EASA formally took the responsibility to carry out ATM/ANS standardisation; During the transition period EASA made best use of EUROCONTROL ESIMS audit results and experience; EASA closely cooperated with the ICAO Universal Safety Oversight Assessment Programme (USOAP). and thus avoiding duplication of activities; 13 visits planed for 2012; inspections will also involve observers and trainees from EUROCONTROL and from Member States.

25 Towards (more) risk-based rulemaking safety actions ATM rulemaking EASA RMP in RAG/SSCC consultation European Aviation Safety Programme safety recommendations AIBs ATM Standardisation visits & EASA oversight feedback loops

26 Thank you for your attention! Questions?

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