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From JARs to EASA Implementing Rules

From JARs to EASA Implementing Rules. by C. Probst, European Commission. From JARs to EASA implementing rules. The legal framework Initiating the process Ensuring seamless transition The last steps. The legal framework. The Commission’s role

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From JARs to EASA Implementing Rules

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  1. From JARs toEASA Implementing Rules by C. Probst,European Commission

  2. From JARs toEASA implementing rules • The legal framework • Initiating the process • Ensuring seamless transition • The last steps

  3. The legal framework The Commission’s role The EASA Regulation gives executive powers to the European Commission to adopt the necessary measures for its implementation (article 5.4 and 6.3). The use of these powers is subject to a “comitology” procedure. • Committee of Member States acting by qualified majority voting (Mini-Council) • Proposed measures adopted by the Commission if supported by the Committee • Proposed measures submitted to the Council if disagreement in the Committee

  4. The legal framework The Agency’s role The EASA Regulation requires the Agency (Executive Director) to issue: • Opinions to be used by the Commission for establishing implementing rules (the Commission may only change their technical content in agreement with the Agency) • Certification specifications to be used in the certification processes (airworthiness codes, acceptable means of compliance) • Guidance material to facilitate the application of the implementing rules and the certification specifications

  5. The legal framework The Agency’s role The EASA Regulation requires the Agency (Management Board) to adopt the process to be followed for issuing its regulatory material (Rulemaking) Decision expected by 17 June. Establishing the first set of rules before 28 September 2003 requires however a special process.

  6. Initiating the process The Core Groups All agree on the need for continuity. Airworthiness codes are already part of Community law (Reg. 3922/91). JAR 21 and related implementation procedures are widely used by EU Member States. Core Groups of experts have been created, with the help of the JAA: • to adapt existing material to the EASA environment • to fill the gaps as appropriate (continued airworthiness, restricted certificates, permits to fly, third country aircraft used by EU operators, …)

  7. Initiating the process The Core Groups For airworthiness three Core Groups • One for the implementing rule (21) and associated AMC • One for airworthiness codes and associated AMC related to aircraft (22.23.25, 27, 29, …) • One for airworthiness codes and associated AMC related to other products (E, APU, P, …) Draft produced are reviewed with a team of legal advisers to ensure continuity with the EASA Regulation.

  8. Ensuring seamless transition Preliminary works Initial Commission proposal was limited to new products and on-going certifications. Legislator’s preference for transferring all design related responsibilities to the Agency (except annex 2 aircraft) raised question of transfer. First idea in the Council experts groups privileged re-issuing by the Agency of all certificates and approvals.

  9. Ensuring seamless transition The “Airworthiness” Group A group composed of experts from Member States, the FAA and the Industry was created one year ago to examine more realistic and less burdensome options for the transfer of tasks and responsibilities. That group has devised a “transfer policy” based on the principles of grand-father rights and continuity in requirements and procedures. It provides also for a pragmatic outsourcing policy allowing the Agency to discharge its responsibilities while re-assuring the aviation community that certification work will continue to be done by the right people.

  10. The last steps Implementing Rule 21 A consolidated draft of implementing rule including the input of the IR 21 Core Group and of the “Airworthiness Group” will be circulated shortly. Comments are expected before mid-July. A first text shall be adopted by the Executive Director as an opinion to the Commission in August. The commission shall adopt the final measure before 28 September 2003.

  11. The last steps Certification specifications and guidance material Draft produced by the Core Groups will be reviewed for consistency with the EASA Regulation and the draft IR 21. Consultation is envisaged in July / August. Adoption by the Executive Director shall take place in September.

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