FCL Rulemaking update EASA General Aviation meeting 31.1.2013, Cologne Helena Pietilä - FCL Rulemaking officer Your safety is our mission.
Agenda Rule structure and transition periods Short introduction to Part-ARA and Part-ORA Latest news on Rulemaking tasks BASA Bilateral Aviation Safety Agreement
Rule Structure Basic Regulation Airworthiness Flight Standards ATM/ANS Aeordromes Regulation Initial airworthiness Regulation Air crew Regulation ATCO Regulation ADR Regulation Continuing airworthiness Regulation Air operations Regulation SERA Regulation TCO Regulation AUR Regulation ATM/ANS Systems
Regulation Air Crew Commission Regulation (EC) 1178/2011 published in November 2011 Basic Regulation Regulation Air Crew Annex I Part-FCL Annex II Conversion of national licences Annex III Licences of non-eu states Annex IV Part-MED Annex V Part-CC Annex VI Part-ARA Annex VII Part-ORA Commission Regulation (EC) 290/2012 published as amending regulation April 2012
Horizontal opt-out By way of derogation a Member State may decide not to apply the provisions until 8 April 2013 So: Implementation on 8 April 2013 at the latest But: In addition several other opt-outs
Other Opt-outs By 8 April 2014 ATOs shall have adapted their management systems, training programmes, procedures and manuals to be compliant with Part-ORA 2014 Non-JAR (A) & (H) and TC licences 2015 LAPL (and medical) shall be introduced & all other ATOs to be certified 2015 additional ratings, some specific other requirements (e.g. MI or FTI)
Grandfathering - Conversion JAR-compliant licences, ratings and certificates shall be deemed to have been issued in accordance with Regulation Aircrew replaced latest by 8 April 2018 Other licences conversion according Annex II or conversion report aim at allowing pilots to, as far as possible, maintain their current scope of activities
Part-ARA
Part-ARA Authority Requirements ARA.GEN contains the general provisions : competent authority s organisation and management system initial certification and oversight of approved organisations, the qualification of FSTDs and the attestation of Cabin Crew ARA.FCL contains specific requirements relating to flight crew licencing applicable to competent authorities ARA.ATO contains specific requirements relating to approved training organisations applicable to competent authorities
General CR Article 4 MS to ensure CAs have proper oversight capabilities ARA.GEN.115 CAs to provide staff with required oversight & technical documentation ARA.GEN.120 transparency and standardisation regarding the alternative means of compliance process ARA.GEN.125 cooperation and the exchange of information between authorities and the Agency, as well as between the authorities themselves
Flexibility Alternative Means of Compliance See ARA.GEN.120 and ORA.GEN.120 and relevant AMCs organisation may use AltMOC only after approval Flexibility provisions in Basic regulation 216/2008 Article 14(4): unforeseen urgent operational circumstances or operational needs of a limited duration Article 14(6): where an equivalent level of protection can be achieved by other means reasons to derogate from the rule
Oversight, certification, enforcement ARA.GEN.300(c) Scope of oversight to consider safety priorities (as per SSP EASP) ARA.GEN.300(d) Oversight shall not be limited to the organisations the CA has certified link with safety priorities ARA.GEN.300(e) CA may agree to share audits when the activity of an organisation involves more than one Member State ARA.GEN.350 / 355 Actions in case of findings enforcement action
General ARs - HIGHLIGHTS ARA.GEN.305 Oversight programme Standard oversight planning cycle of 24 months, may be extended to 36 months, provided that: risks are properly managed changes are controlled no level 1 findings have been issued all corrective actions have been implemented on time Further extension to 48 months possible provided that ATO has an established and the authority accepted effective reporting system on safety performance and regulatory compliance
Specific ARs for FCL HIGHLIGHTS ARA.FCL.205 Monitoring of examiners Oversight Programme to be developed for the conduct and for the performance of examiners Competent authority shall have a list of examiners it has certified and of examiners certified by other competent authorities exercising their privileges in its territory and to which the competent authority has provided a briefing in accordance with FCL.1015(c)(2) Authority shall develop procedures to designate examiners for skill tests
Part-ORA
Part-ORA Organisation Requirements ORA.GEN contains the general provisions that are applicable to all approved organisations : means of compliance, changes to organisations, continued validity, occurrence reporting organisation s management system ORA.ATO contains specific requirements related to Approved Training Organisations additional requirements for ATOs providing training for CPL, MPL, ATPL & associated ratings and certificates additional requirements for ATOs providing specific types of training
General ORs HIGHLIGHTS ORA.GEN.200 Management system The organisation shall establish, implement and maintain a management system
Proportionality The management system shall correspond to the size of the organisation and the complexity of its activities, taking into account the hazards and associated risks inherent in these activities. How is this achieved? different sets of AMCs for complex and non-complex organisations details of SMS implementation are contained as AMC
Proportionality Definition of organisational complexity - three criteria (AMC1 ORA.GEN.200(b)) size, in terms of staffing (>20 FTEs) complexity of the activities number of operating sites, number and type of contractors,.. risks involved type of operations, e.g. specialised operations (helicopter hoist) different types of aircraft operating environment (mountainous areas, offshore,..)
Management system in a nutshell 1) clearly defined lines of responsibility and accountability 2) philosophy and principles -> safety policy 3) aviation safety hazards
Management system in a nutshell 4) maintaining personnel trained and competent 5) documentation of all management system key processes 6) function to monitor compliance of the organisation, including a feedback system 7) any additional requirements
ATO responsible personnel Accountable Manager (AM) finance management system Safety manager (SM) non-complex ATOs: can be also the AM Compliance monitoring manager (CMM) same person may act as CMM and SMM non-complex ATOs: AM can be the CMM independency
Safety & Compliance Safety risk management hazard checklist identification, evaluation and the management of associated risks actions to mitigate the risk and verify their effectiveness risks related to change internal occurrence reporting training and communication Compliance monitoring function monitor compliance with the relevant requirements of Part-ORA and other applicable Parts
Management system documentation The information may be contained in any of the organisation manuals safety management manual operations manual training manual These manuals may also be combined. It is not required to duplicate information in several manuals, however the organisation must be able to demonstrate that all items are covered GM1 ORA.GEN.200(a)(5)
Rulemaking tasks Current and future
Current & Future RM tasks RMT.0421 (FCL.014) AMC/GM material for non-complex ATOs Review and eventually amend the AMC/GM to Part-ORA concerning how to comply with the rule in the case of non-complex ATOs and develop new proportionate AMC/GM regarding standardised manuals for non-complex ATOs Planned timetable NPA 3/2013 (not published yet) CRD 1/2013 Decision 2/2013
Current & Future RM tasks RMT.0421 (FCL.014) AMC/GM material for non-complex ATOs Enhance proportionality of management system provisions and provide further guidance for non-complex ATOs Agency task, but experts from general aviation organisations are participating also some Member States are providing material
Current & Future RM tasks FCL.008 Qualifications for flying in IMC CRD passed external consultation, next the Opinion will be published Proposes new ratings for en-route IFR flying and sailplane cloud flying A pilot holding an En-route IFR rating will take-off and land in VFR but is allowed to fly IFR during en-route phase of the flight Proposes competency based training for IR(A) Some learning items were moved to HPA additional course
Current & Future RM tasks RMT.0412 & RMT.0413 (FCL.013) Updating Part-ARA and Part-ORA Reviewing and clarifying text, adding certificate forms, adding AMCs and GMs if needed Some of the items included: clarification for Part-FCL licence and ATO certificate changes in ATO requiring prior approval adequate fleet of training aircraft in ATO additional criteria for the training and qualification of inspectors procedures for transfer of pilot licences
Current & Future RM tasks RMT.0565 & RMT.0566 (FCL.016) Additional ratings for Part-FCL licence holders Mountain rating for helicopter licence holders Seaplane extension for LAPL(A) holders Proposed to be a rulemaking group task Planned timetable NPA publication 1/2014 Opinion publication 1/2015 Decision publication 4/2015
BASA Bilateral Aviation Safety Agreement Agreement between the US and the EU on cooperation in the regulation of civil aviation safety Objective of the agreement Enable reciprocal acceptance, as provided in its Annexes, of findings of compliance and approvals issued by the FAA, EASA and EU NAAs Is based on systems that produce equivalent results, though processes and procedures may be different
BASA The structure of the Agreement has three levels: Level 1 (Executive Agreement) and Level 2 (Annexes) are concluded by the EU and US and have a binding nature of a Treaty Level 3 includes Technical Implementation Procedures Three subparts: FSTDs, ATOs and Licensing at the moment licensing part includes PPL(A) and IR(A) regulatory comparison of Part and FAA rules was drafted by EASA and commented by FAA Current phase: Confidence building via auditing each others systems
Thank you for your attention! Questions Comments? 33