Sistema EASA para Operaciones Seminario EASA NPA OPS Madrid, 12-13 Mayo 2009
Content 1. The legal framework 2. The structure and scope of the EASA Implementing Rules 3. Transition measures 4. The OPS NPA and EASA website
1. The legal framework
Legal framework - past ICAO JAA EUROCONTROL Member State 1 3 4 5 10 15 20 27 27 different legal procedures for transposition
Legal framework - past Results Different legal texts No common transposition dates Different interpretations and different choices about recommended practices In practice non uniformity across EU Member States: non uniform safety & distortion of fair market competition Insufficient regulation of safety oversight (e.g. requirements for NAA). Plus cost for taxpayers for 27 parallel processes!
Legal framework For all 27 Member States + 4 EEA States Basic Regulation + Essential Requirements adopted by European Parliament and Council legally binding yes Implementing Rules (IR) e.g., Parts-OPS, OR, AR, FCL, CC, MED, 21, M, 145, 147, 66 Certification Specifications (CS) Acceptable Means of Compliance (AMC) Guidance Materials (GM) European Commission EASA yes no
Legal framework Uniform rules The essential requirements and implementing rules are directly applicable and replace national law without creating an additional layer of legislation Total system approach All aviation system components are part of a single network products, operators, crews, aerodromes, ATM, ANSP, on the ground or in the air
Legal framework Performance-based rulemaking The combination of hard law and soft law provides an appropriate instrument to the needs for subsidiarity and proportionality It allows for tailored solutions, adapted to the size and complexity of organisations, and to the level of risk involved in their activity This concept provides for a uniform implementation of common requirements with sufficient flexibility
Legal framework Member States may no more: deviate from common rules - except in the case of Art. 14 of the Basic Regulation impose additional requirements - to ensure a level playing field and no discrimination conclude international arrangements with third countries - transfer of competence to EC produces effects also for international competence
Legal framework Art. 14 BR Flexibility provisions 1 st case (paragraphs 1+2+3) safety problem A Member State (MS) may react immediately to a safety problem which involves a product, person or organisation MS notifies EASA, the Commission and other MS of the measures taken and the reasons therefore EASA assessment: may lead to amendment of IRs and/or AMC/GM/CS or MS to revoke measure
Legal framework Art. 14 BR Flexibility provisions 2 nd case (paragraph 4+5) - exemptions MS may grant exemptions in the event of unforeseen urgent operational circumstances or operational needs of a limited duration, provided the level of safety is not adversely affected MS notifies EASA, the Commission and other MS of the measures taken as soon as they become repetitive or where they are granted for more than two months
Legal framework Art. 14 BR Flexibility provisions 2 nd case (paragraph 4+5) - continued EASA assessment: if not compliant, MS to revoke measure following Commission decision
Legal framework Art. 14 BR Flexibility provisions 3 rd case (paragraph 6+7) - derogation MS may grant an approval derogating from implementing rules where an equivalent level of protection can be achieved by other means MS notifies EASA and Commission that it intends to grant such an approval, giving reasons demonstrating the need to derogate from the rule concerned, as well as the conditions to ensure that an equivalent level of protection is achieved
Legal framework Art. 14 BR Flexibility provisions 3 rd case (paragraph 6+7) - continued EASA assessment: may lead to Commission decision, allowing all MS to apply that measure
2. The structure and scope of the EASA Implementing Rules
EASA IR Structure Basic Regulation Cover Regulation Personnel Requirements Cover Regulation Organisation Requirements Cover Regulation Authority Requirements Cover Regulation Air Operations Requirements Cover Regulation Third Country Op. Requirements Annex I Part-FCL Annex I Part-OR Annex I Part-AR Annex I Part-OPS Annex I Part-TCO Annex II Part-MED Annex III Acceptance of TC Licence Annex IV Conversion of National Licences Annex V Part-CC
EASA IR Structure Technical requirements contained in the Personnel, Air Operations and Third Country Operators Regulation Organisation requirements and management system of organisations contained in the Organisation Requirements Regulation Authority requirements
EASA IR Structure Considerations: JAA Consistency of Organisation Approvals (COrA) ICAO SMS and State safety programme Performance-based rulemaking Essential safety elements = rule Non-essential implementation aspects = AMC, which have an important role to play in providing for a uniform implementation of common requirements with sufficient flexibility
OPS Content The Agency proposals are based on ICAO Annex 6 follow latest amendments of EU-OPS/JARs: EU-OPS (Reg. 859/2008) / JAR-OPS 1 Amendment 13 / TGL 44 JAR-OPS 3 Amendment 5 Draft JAR-OPS 0,2,4 after A-NPA process - 2002/03 take into account JAA NPAs in an advanced phase of adoption and JAA WP with sufficient consensus
Part-OPS Structure Annex I Part-OPS OPS.GEN Subpart A OPS.CAT Subpart B OPS.COM Subpart C OPS.SPA Subpart D Section I General requirements Section I General requirements Section I General requirements Section I General requirements Section II Operational procedures Section II Operational procedures Section II Operational procedures Section II Areas with specified navigation performance Section III Aircraft performance and operating limitations Section III Aircraft performance and operating limitations Section III Aircraft performance and operating limitations Section III Areas with RVSM Section IV Instruments, data and equipment Section IV Instruments, data and equipment Section IV Instruments, data and equipment Section IV Low visibility operations Section V Manuals, logs and records Section V Transport of dangerous goods Section VI Security Section VI Helicopter ops. without an assured SFL capability Section VII Helicopter ops. with NVIS Section VIII Helicopter hoist ops. Section IX Helicopter emergency medical service ops.
Part-OPS Content Part-OPS contains technical requirements for: Air operations of any aircraft aeroplanes, helicopters, sailplanes and balloons* Non-commercial and commercial operations Non-commercial operations with non-complex motorpowered aircraft and complex motor-powered aircraft Commercial air transport Commercial operations other than commercial air transport (aerial work) These technical requirements correspond to chapters 1-7 of Annex IV of the BR Essential requirements for air operations * tilt-rotor aircraft, airships and UAV will be addressed in separate EASA Rulemaking tasks
Part-OPS Content Subpart OPS.GEN is applicable to all operations Subparts OPS.CAT contains additional and specific requirements for Commercial Air Transport Subpart OPS.COM contains additional and specific requirements for Commercial Operations other than Commercial Air Transport (Aerial Work) Subpart OPS.SPA contains requirements for specific operations subject to a specific approval
Part-OPS Content Subpart OPS.SPA allows either access to certain airspace or to conduct operations to lower limits, for which certain hazards have to be controlled to an acceptable level through: The implementation of mitigating procedures The installation of specialised equipment, specific training or operational procedures
Part-OR Structure Annex I Part-OR OR.GEN NPA 2008-22c OR.OPS NPA 2009-02c OR.ATO NPA 2008-22c OR.AeMC NPA 2008-22c OR.OPS.GEN CS-FSTD(A) NPA 2008-22d OR.OPS.MLR CS-FSTD(H) NPA 2008-22e OR.OPS.DEC OR.OPS.AOC OR.OPS.FC OR.OPS.CC OR.OPS.TC OR.OPS.FTL OR.OPS.SEC
Subpart OR.OPS Content Subpart OR.OPS contains additional and specific operator requirements for: Non-commercial operators of complex motor-powered aircraft All commercial operators They apply in addition to the common organisation requirements in OR.GEN These requirements correspond to chapter 8 of Annex IV of the BR Essential requirements for air operations
Subpart OR.GEN Content Subpart OR.GEN (NPA 2008-22c) is applicable to all organisations Scope Designation of the competent authority General requirements for certified organisations (application, changes, continued validity) General requirements for organisations declaring Findings Acceptable Means of Compliance (OR.GEN.020)
Subpart OR.GEN Content Acceptable means of compliance Instead of the AMCs published by EASA, alternative means may be used to establish compliance with the IRs Step 1 Organisation provides the competent authority with alternative means of compliance Step 2 Competent Authority evaluates alternative AMC Step 3 Competent Authority notifies organisation and Agency
Subpart OR.GEN Content Acceptable means of compliance Compliant: Rulemaking process EASA evaluates AMC Not compliant: Competent Authority is notified
Subpart OR.GEN Content Subpart OR.GEN Management System for all organisations (OR.GEN.200) Requirements of integrated management system consisting of Safety Management System Compliance Monitoring System Objective: to enable the organisation to fit all its different management systems into one (EASA only regulates safety) Management system appropriate to the size, nature and complexity of the activities, and the hazards and associated risks inherent in these activities
Subpart OR.GEN Content Other generic organisation requirements such as: Contracting or purchasing of services or products responsibility of the contracting organisation Personnel requirements, e.g. accountable manager Facility requirements, e.g. appropriate for the tasks to be carried out Record-keeping Several AMCs catering for organisations of a different size
Part-AR Structure Annex I Part-AR AR.GEN NPA 2008-22b AR.ATO NPA 2008-22b AR.FCL NPA 2008-22b AR.AeMC NPA 2008-22b AR.MED NPA 2008-22b AR.OPS NPA 2009-02d AR.CC NPA 2009-02d AR.TCO NPA 2009-xxx
Part-AR Content Authority requirements Establishes requirements to be followed by the competent authorities Complements requirements for organisations Ensures better consistency for approvals of organisations Enhances collaboration among Member States Provides efficient oversight Establishes risk-based oversight
Subpart AR.GEN Content Additions to AR.GEN Spot-checks and ramp-inspections of general aviation Ramp inspections based on the SAFA Directive for complex motor-powered aircraft and commercial operations
Subpart AR.OPS Content Subpart AR.OPS Specific requirements for operations operator certification and declaration Recognition of industry standards for oversight purposes Approval of individual flight time limitation schemes Specific approvals (OPS.SPA)
Subpart AR.CC Content Subpart AR.CC: Specific requirements for the cabin crew attestation
Part-CC Structure Part-CC Subpart GEN General requirements Subpart CCA Specific requirements for the cabin crew attestation Subpart TRA Training requirements for the cabin crew attestation
Part-CC Content Part-CC contains the requirements for the issue of cabin crew attestations and the conditions of their validity and use by cabin crew members in commercial air transport CC.GEN: Application, Minimum age, Privileges and conditions CC.CCA: issuance, validity, limitation, suspension and revocation CC.TRA: Conduct of training courses, examination and checking, initial safety training, Aircraft type-specific training, Recurrent training
Additions to Part-MED on Cabin Crew medical fitness Part-MED Subpart A General requirements New Section 4 - Medical fitness of cabin crew New Subpart E Requirements for medical fitness of cabin crew
3. Transition measures
Transition measures BR Art. 70 Entry into force Applicability of the relevant articles as specified in their respective IRs, but not later than 8 April 2012 In the meantime, EU OPS and the national rules continue to apply
Transition measures EASA proposal Any certificates issued in accordance with EU-OPS/JAR- OPS 3 requirements and associated procedures are considered as having been issued in accordance with the Implementing Rules Appropriate transition measures will need to be defined for those Member States that were not recommended for mutual recognition by the JAA in relation to JAR-OPS 3
4. The OPS NPA and EASA website
The OPS NPA The NPA OPS contains 7 documents: 2009-02a: Explanatory note 2009-02b: 2009-02c: 2009-02d: 2009-02e: 2009-02f: 2009-02g: Part-OPS Subpart OR.OPS Subpart AR.OPS Subpart AR.CC Additions to Subpart AR.GEN Part-CC and additions to Part-MED Cross-reference tables Regulatory Impact Assessment
EASA Website Flight Standards Mini-website http://easa.europa.eu/flightstandards/ Please send your comments using the EASA Comment Response Tool (CRT) http://hub.easa.europa.eu/crt/
E-tool / Handbooks EASA initiated work on an electronic tool to help stakeholders in their day-to-day activity and to facilitate the use of the new structure and requirements E-tool providing for easy identification of the requirements applicable to each activity Availability after adoption of LIC+OPS IRs
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