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Rulemaking in EASA Peter Corbeel Initial Airworthiness Manager

Rulemaking in EASA Peter Corbeel Initial Airworthiness Manager. EU - The Principles. Legislative level : Executive level : Judicial level :. The Parliament and the Council. establishing legal framework. The Member States The Commission The Agency The Industry.

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Rulemaking in EASA Peter Corbeel Initial Airworthiness Manager

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  1. Rulemaking in EASA Peter Corbeel Initial Airworthiness Manager CSSG meeting

  2. EU - The Principles • Legislative level : • Executive level : • Judicial level : The Parliament and the Council • establishing legal framework The Member States The Commission The Agency The Industry • setting up binding standards • assessing conformity to standards The national Courts The European Court of Justice • enforcement/remedies CSSG meeting

  3. Basic Regulation Regulation (EC) 1592/2002 of 15 July 2002 Annex I : Essential Requirements for Airworthiness Annex II : Excluded Aircraft The Basic Regulation • The Parliamentand the Council define the Scope of Powers transferredto the Community • They adopt the Essential Requirements specifying the objectives to be met CSSG meeting

  4. Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification Regulation (EC) 2042/2003 on Continuing Airworthiness Section A: Application Requirements Annex I (Part-M): Continuing Airworthiness Requirements Section A: Technical Requirements Annex (Part 21) Section B: Administrative Procedures Section B: Administrative Procedures Appendices: EASA forms Annex II (Part-145): Maintenance Organisation Approvals Appendices: EASA forms Annex III (Part-66): Certifying Staff Annex IV (Part-147): Training Organisation Requirements The Implementing Rules • The Commission adopts standards for implementing the essential requirements CSSG meeting

  5. AMC & Guidance Material Part 21 Certification Specifications AMC & Guidance Material Parts M, 145, 66, 147 AMC 20 CS 25 CS 34 CS 36 CS E CS P CS APU CS 22 CS 23 CS 27 CS 29 CS VLA CS VLR CS AWO CS ETSO CS Definitions The Agency’s soft laws • The Agency adopts non binding standards for implementing the essential requirements CSSG meeting

  6. Rulemaking Procedure • programming • initiation • drafting • consultation • comments review • adoption CSSG meeting

  7. Programming (process) • (ED) Executive Director establishes annual rulemaking programme • He consults SSCC and AGNA • any person may propose issues • Programme supported by preliminary RIA (Regulatory Impact Assessment) • ED can adapt the programme • Publication of programme • Regular review of the impact of rules CSSG meeting

  8. Programmes (contents)(2005 and 2006/20087) • Based upon: • JAA inventory of ongoing rulemaking activities and new ideas (JAA Steering Groups) • Decisions in the JAA system to start a rulemaking activity. • Deferred items from EASA Comment Response Documents • Inputs from authorities and industry regarding implementation problems • Conclusion: mainly continuation of JAA programme CSSG meeting

  9. Initiation • Draw up Terms of Reference after consulting SSCC and AGNA • definition of task • timetable • format of deliverable • Choose between drafting group or Agency resources • If drafting group: ED decides composition after consulting SSCC and AGNA • Agency to provide support to groups CSSG meeting

  10. Drafting • ED may amend ToR • ED to verify that drafting result satisfies ToR • Assign unique NPA reference code • Publish NPA, including • proposed rule • explanatory note • significant, contentious or interface issues • situation with respect to ICAO and non-EU AA • full RIA CSSG meeting

  11. Consultation • Any person may comment • Consultation period: 3 monthsalthough ED may decide on different period • extensions can be granted only in exceptional cases • Comments shall contain: • identification of the comment provider • NPA reference code • position with justification CSSG meeting

  12. Review of comments • Comments review by original drafter(s) AND experts not involved in the drafting • Comment response document (CRD) to be published 3 months after consultation • above period can be amended • if significant differences: ED may decide to re-circulate • if major objections from NAA’s (for rules to be applied by MS), ED shall consult AGNA CSSG meeting

  13. Adoption and publication • ED will issue decision not earlier than 2 months after publication of CRD • Rules + explanatory memorandum to be published in Agency’s Official publication CSSG meeting

  14. Flow - Chart CSSG meeting

  15. What changed? • Programming formalised • No more “standing” groups • Not always a group • Comments Review • Additional process for Commission Regulations CSSG meeting

  16. END QUESTIONS CSSG meeting

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