EASA within the evolving ATM regulatory environment in Europe

Zsuzsanna ERDELYIATM Rulemaking Officer

EASA, Rulemaking Directorate

Outline

Introduction to the EASA system –organisation, tasks and responsibilities

Perspective on ATM rulemaking –on-going and planned RM tasks

Highlights of NPA 2012-18

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Introduction to the EASA system –organisation, tasks and

responsibilities

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About EASA

Founded in 2003 Built on experience from the JAA

Located in Cologne, Germany

Staff of more than 700

Headed by Mr Patrick Goudou

4

Mr Patrick Kyfrom 1.9.2013

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Why EASA?

Certain tasks performed at Community or national level to be carried out by a single specialised expert body

Establish the European Aviation Safety Agency

independent in technical matters;

legal, administrative and financial autonomy;

Community body with legal personality;

exercising the implementing powers conferred on it by the Regulation

EASA system = shared roles between Member States, Commission, EASA & stakeholders

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EASA - Legal framework

Regulation

Initial 1592/2002/EC

1st ext. 216/2008/EC

2nd ext. 1108/2009/EC*

Competence

Airworthiness

Environmental Compatibility

Flight Crew Licensing

Operation of Aircraft

Safety of 3rd country aircraft

Safety of Aerodromes

and ATM/ANS

*Entered into force on 14 December 2009

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EASA - Organisation

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Pan-European dimension

EASA: a pan-European Aviation Safety Agency

In total 44 European aviation

authorities participating

International agreements with the EU

Working arrangements

Technical cooperation projects with

EASA and day-to day cooperation

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The EU aviation safety system

9

National Aviation Authorities

Issue most certificates, approvals and licences

Oversee organisations

Implement EU law

European Aviation Safety

Agency

European Commission

Adopts rules

Launches infringement

procedure

Proposes rules

Issues some certificates and

approvals

Performs inspections

Manages European Aviation Safety

Programme

Industry

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EASA system – ‘Key players’

Com

itolo

gy

EU COMMISSIONAdopts implementing rules &

enforcement measures

STATES• Implement rules• Issue (most) certificatesand licences• Oversee organisationsand personnel• Advise EASA (e.g. rulemaking groups)

EASA• Proposes IRs (Opinions)• Adopts - AMC, CS & GM• Standardisation inspection• Issues (rarely) certificates• Assists States & stake-holders to apply the rules

Standardisation

MB/RAG/TAG

Opin

ions

Rep

ort

s

STAKEHOLDERSvia SSCC

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Legislative framework

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Implementing Rules

EASA Basic Regulation (BR) 216/2008

CS, AMC & GM

CS, AMC& GM

CS, AMC& GM

CS, AMC& GM

European Parliament

Council of the EURegulation

1702/2003

2042/2003

OPSFCL/TCO

ATM/ANSADR

EuropeanCommissionRegulation

AgencyDecision

Binding

Non-binding

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Triggers for rulemaking

Rulemaking ProposalAGNA/SSCC

Agency:R, E, S and C

Safety Recommendations/

EASp

Third Countries

GeneralPublic and

stakeholders

Research activities

EuropeanLegislator/

Court of JusticeArt. 14/15 BR

ICAO State LettersType II

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EASA Rulemaking Procedure

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European Commission

Drafting,Comitology with scrutiny

ECRegulation4-year

Rulemaking

ProgrammeDecision

Opinion

EASA

Commission RegulationImplementing Rules

SSC/EASACommittee

RAG/TAG & SSCC advise the Agency duringprogramming and rule development

Member States

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Phase 1Programming

Phase 2Rule

development

14

Rule development phase

Analyse issueand

developDraft RIA

DraftRule

Public

Consult

Analysis of comments

and finalreview

Taskinitiation

RIA NPA(RIA)

Decisionwith CRD

Opinionwith CRD

4-year Rule

making Programme

2-6 months 3-18 months 1-3 months 2-6 months

ToRGC

ConsultRAG/

TAG

SSCC

If deemed necessary due to the nature of the comments received, focussed consultation (e.g. meeting with stakeholders, workshops, specific

reactions through CRT) during review of comments

Optional Technical consultation (e.g. workshop, joined meeting TAG and sub-

SSCC) before NPA publication

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Perspective on ATM rulemaking –on-going and planned RM tasks

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Current rules

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Initial Airworthiness

Continuing Airworthiness Air Crew

Basic Regulation (EC) No

216/2008

Airworthiness Flight Standards ATM/ANS

Air Traffic Controllers Licences

ATM/ANS Oversight

ANS Providers

AUR and ACAS II

OPS SERA

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ATM rules - delivered

Regulation 805/2011 on ATCO licensingEntered into force on 31/08/2011

Regulations Common Requirements (1035/2011) & ATM/ANS Safety Oversight (1034/2011)

Entered into force on 07/11/2011Reg. Airspace usage requirements - Sub-Part ACAS II (1332/2011)

Entered into force on 09/01/2012Amended ATM Performance Scheme (safety KPIs) (Reg. 691/2010 as amended by 1216/2011)

Entered into force on 14/12/2011Complemented by ED Decision 2011/017/R

Standardised European Rules of the Air = SERA Parts A & B (Reg. 923/2012)

Entered into force 16/10/2012, applicable from 04/12/2012

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EASA ATM/ANS rules in force

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EASA tasks in ATM

OVERSIGHT- pan-European service providers- non-EU ANSPs- non-EU ATCO & ATM training org.- Network manager

SAFETY ANALYSIS- covering ATM/ANS

STANDARDISATIONInspections of NSAs

‘SAFETY ADVISER’in SES implementation

ATM/ANS providers

Safety oversight

ATCO licensing

SERA Airspace usage

Systems/ equipment

RULEMAKING - ATM

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ATM/ADR rulemaking

EASA RMP 2013-16 adopted

Standardisation visits

&

EASA oversightfeedback loops

EuropeanAviationSafety

Programme

safety actions

AIBs

safetyrecommendations

Risk-based approach

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ATM rulemaking – on-going

• NPA 2012-18 in consultationATCO licensing

• NPA to be issued Q2/13• further NPAs (safety assessment, Part-ATS, …)Common Requirements

• NPA to be issued Q2/13 (same NPA as Common Req.)ATM oversight

• AMC/GM Part-SERA Decision Q1/13• NPA on SERA C to be issued, ICAO SL on RPAS - CRD Q1/13SERA

• RM task on HETA to be launched• Pre-RIA issued on ACAS extension

Airspace Usage Requirements

• RM task (with ADR) to be launched Q2/13Systems & equipment

• NPA on CS A-CNS on surveillance (SES IR) in consultation• NPA on CS A-CNS on DLS/VCS (SES IR) to be issued Q1/13

Certification Specifications -> SES

• EC request -> NPA on AMC/GM to be issuedSafety KPIs

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Highlights of NPA 2012-18

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2323

Rulemaking on ATCO licensing

Subject: Development of rules on Air Traffic Controller licensing

Task: ATM.003, ToR adopted in 2009

Working Method:Rulemaking group (11 members from stakeholders, unions, ANSPs, authorities + Commission)

Assisted by ATM.004 RM group for AR

Medical requirements by ad-hoc expertise

Eurocontrol expertise where appropriate

Phased approach (Fast track + full BR implementation)

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Objectives

High & uniform level of safety but also …

Filling gaps between BR objectives and existing rule

Common training standards, including AMC/GM;EU level recognition of licences

Promote/enable ATCO mobility, FAB integration, etc.

Clear framework for ATCO training organisations + recognition of their certificates;

Synergies of aeromedical examiners & centres on medical certification;

Implementation feedbackMember States’ written proposals (excluded in ‘fast-track’)

ATM Standardisation visits

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European developments

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CCCGuidelines

2004

CCC Specifications

2008

CCC Transposition

2012+

Rule Structure

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Cover Regulation

Part-ATCO

AMC/GM

Part-ATCO.AR

AMC/GM

Part-ATCO.OR

AMC/GM

Part-ATCO.MED

AMC/GM

“hard law”

“soft law – flexibility”

NPA 2012-18

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Explanatory Note

IR

Parts ATCO, OR & AR

IR

Part-ATCO.MED

IR Appendices

AMC/GM

Part-ATCO, OR & AR

AMC Part-ATCO initial

training

AMC/GM

Part-ATCO.MED

Regulatory Impact

Assessment

NPA 2012-18 – state of play

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NPA consultation 22 Nov’12 until 29 April’13

Opinion to EC – Q4/2013

EASA Committee – 2014 (?)

Entry into force + transitions - TBD

Major novelties in the NPA

Instructor and assessor certification & qualificationsCorrelating unit endorsement validity and frequencyof the competence assessment (max. 3 years)APS & ACS ratings and related rating endorsementssystem simplified9 years validity for level 6 language proficiencyAMCs on language assessment bodiesHarmonising ATCO training

“basic” requirements into IRs + complementing with AMC/GMcovering initial, unit, continuation, instructors and assessors

Class 3 medical requirements incorporatedTraining organisations’ requirements harmonised withrelevant ICAO SARPs

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Thank you for your attention!

Questions?