Status of U.S.-EU Bilateral Agreement. Mary Cheston, FAA & Claude Probst, EASA. Progress in Negotiations The Developing Agreement Status of Implementation Procedures Airworthiness Maintenance Environmental Certification Licensing and Simulators. Overview.
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Mary Cheston, FAA &
Claude Probst, EASA
The Developing Agreement
Status of Implementation Procedures
Licensing and SimulatorsOverview
Because the U.S. and EU regulatory systems are different in several key areas, a treaty level document is necessary in Europe in order to provide a derogation from EU law.
Involves formal ratification process in Europe.
Agreement would remain an Executive Agreement in U.S. structure (not treaty level).Progress in Negotiations
New agreement with EU will replace bilateral agreements at the national level.
New agreement will have similar structure to a BASA…
... but will be presented together with Implementation Procedures to be ratified.Progress in Negotiations
Several rounds of informal discussions since October 2003 the national level.
Two formal negotiations: Nov. 9-10, 2004 and April 13-14, 2005
--Next negotiation tentatively July 7-8, 2005Progress in Negotiations
Clarifying some terms such as “material, maintenance, environmental protection…”
Considering the best way to address enforcement expectations and proprietary data protection given the Community’s legal structure and role of Member StatesThe Developing Agreement
New items in draft agreement: include:
Formal oversight board mechanism
More detailed dispute resolution provisionsThe Developing Agreement
First negotiation held June 1-3; three more negotiation sessions scheduled during 2005.
Initial meetings to focus on scope of reciprocal acceptance and concepts, e.g.
Minimizing redundant approvals—design changes, repair data acceptance, etc.Airworthiness
Formal negotiation schedule to be determined. discussion.
New special conditions tentatively agreed as a consequence of changes to Part 145 in the U.S. and Europe.
Current focus is on how to update current Maintenance Implementation Procedures (MIPs) to reflect these new special conditions.Maintenance
Three meetings since April 2004 discussion.
Agreements at latest April 20-21, 2005 meeting:
Cost and Benefits for Authorities performing single certification
Background required for environmental certification specialist
Training required for environmental certification specialist
Environmental certification assessment to be completed
Environmental certification to be included in the IPAEnvironmental Certification
Next Steps discussion.
Incorporate cost/benefit, training and environmental specialist education requirements in the report for an EASA decision to pursue reciprocal acceptance.
Continue to build elements for text in the IPA.Environmental Certification
Resolution of open items from FAA’s assessment of EU regulatory system.
Execution of shadow certification projects
Licensing and Simulators: If EASA has competency in the area of flight crew licensing at the time of the final agreement, Implementation Procedures for Licensing (IPL) and Simulator Implementation Procedures (SIP) may be included as part of the agreement package.
Agreed text will need to be translated into 19 official EU languages and ratified by the European Community.Open Issues
Both governments are working diligently towards the conclusion of a new agreement.Summary