# Presentation: 890758

## 1st extension of scope:General presentation

**Rulemaking Directorate**
**Eric Sivel, Deputy Rulemaking Director **

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## CONTENT

- Rulemaking Drafting Groups
- Structure of NPAs
- Timetable of NPAs
- Comment Response Document
- Transition

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## Rulemaking Drafting Groups

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## Rulemaking Drafting Groups

- Objective is to develop rules for the implementation of the extended Basic Regulation:
- Implementing Rules (IR)
- Acceptable Means of Compliance (AMC)
- Guidance Material (GM)

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## 3 Rulemaking Drafting Groups

| Group | Task: Draft IR for | ToRs adopted | work started |
| --- | --- | --- | --- |
| MDM.032 | non complex aircraft not involved in commercial activities, Subgroup Lic | Feb 2006 | May 2007 |
| FCL.001 | Flight Crew Licensing | July 2006 | Aug 2006 |
| OPS.001 | Air Operations | July 2006 | Aug 2006 |

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## Subgroups FCL - Objectives

- FCL Licensing (Transfer from JAR-FCL)
- based on JAR-FCL 1 (Aeroplanes) and JAR-FCL 2 (Helicopters)
- FCL Licensing (non-JAR licences)
- gliders, balloons, airships
- provisions based on ICAO Annex 1 and existing national regulations
- FCL Medical
- based on JAR-FCL 3 and, for Leisure Pilot Licence, input from MDM.032 (Licensing)
- FCL Authority Requirements
- Based on JAA JIP and further needs in the European System

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## Subgroups OPS

- Commercial air transport (CAT)
- Commercial operations other than CAT
- Non-commercial operations with complex motor-powered aircraft
- Authority requirements and Management System

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## Subgroups OPS - Objectives

- Develop rules for
- commercial air transport (CAT)
- based on EU-OPS/ JAR-OPS 1 and 3
- commercial operation other than CAT
- based on draft of JAR-OPS 0 and JAR-OPS 4
- training and medical fitness for cabin crew
- based on EU-OPS/ JAR-OPS 1

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## Subgroups OPS - Objectives

- non-commercial operations
- with complex motor-powered aircraft
- based on draft of JAR-OPS 0 and JAR-OPS 2
- with non-complex motor-powered aircraft
- input from task MDM.032
- Authority requirements and Management System
- based on JAA JIPs and further needs in the European system

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## MDM.032

- Provided the elements for NPA for
-  leisure pilot licence rules (to FCL.001)
-  leisure pilot licence medical (to FCL.001)
-  general operational rules (to OPS.001)

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## Structure: Flight Crew Licensing

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## Flight Crew Licensing

- Basic Regulation, Article 7, Annex III

- Cover Regulation FCL

- Annex I
- Part FCL

- Annex II
- Part Medical

- Annex III
- Acceptance of Licences and Medical Certificates

- Annex IV
- Conversion of national licences and ratings

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## Structure FCL: Annex 1 Part FCL

-  Part FCL and the Appendices contain
- Licensing requirements for training and testing of pilots for all categories of licences
- provisions for type and class ratings and additional qualifications and ratings
- Instructor ratings
- Examiner authorisations

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## FCL: Something Missing?

**The answer is NO !**
- Acceptance of licences and medical certificates issued on behalf of third countries
- Annex III
- Acceptance of national licences and ratings
- Annex IV
- Requirements for Training Organisations
- Included in Management System
- Requirements for the competent authority
- Included in Authority requirements

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## Structure FCL: Annex II, Medical

- Implementing Rules
- General Requirements
- Class 1 and Class 2 general medical requirements
- Requirements for Aeromedical Examiners
- Acceptable Means of Compliance
- Medical requirements LAPL
- Detailed medical requirements for Class 1 and Class 2

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## Medical: Something Missing?

**The answer is NO ! **
- Requirements for Aero-medical Centres
- Included in Management System
- Requirements for the competent authority
- Included in Authority requirements

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## Structure: Air Operations

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## Air Operations

- Basic Regulation, Article 8, Annex IV

- Cover Regulation OPS

**Part Commercial Air Transport**

**Part Commercial Operations other than CAT**

**Part Operations requiring specific approvals**

- Part General Operating and Flight Rules

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## Management System

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## Management System – Structure 

- Basic Regulation

- Cover Regulation MS

- Commercial Air Transport

- Commercial Operations other than CAT

- Operations requiring specific approvals

- Part Management System

- Training Organisations

- Aeromedical Centres

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## Create technical requirements for organisations for
 certification or 
 self-declaration
E.g. for air operators, training organisations and aero-medical centres

-  certification or
-  self-declaration
- E.g. for air operators, training organisations and aero-medical centres

- Management System - Purpose

**Management System**
**Technical Requirements**

**Organisations**

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## MS rules cover all technical certification requirements for organisations:
Safety management
Organisational Structure and Accountabilities
Quality monitoring
Outsourcing and purchasing
Personnel
Facility
Record-keeping

- Safety management
- Organisational Structure and Accountabilities
- Quality monitoring
- Outsourcing and purchasing
- Personnel
- Facility
- Record-keeping

- MS – Integrated approach

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## MS – Tailored approach 

- Applicability depends on
- size,
- nature, and
- complexity of the organisation
- Dedicated AMCs for organisations classified as
- “small”
- “other”
- Criteria for classification “small” and “other” will be established

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## Horizontal structure
MS covers the areas of the Agency’s competencies
Air Operations and Flight Crew Licensing
expandable to Airworthiness

Design for growth
will continue to cover the areas of the Agency’s competencies after further extension of scope
Aerodromes and ATM

- MS covers the areas of the Agency’s competencies
- Air Operations and Flight Crew Licensing
- expandable to Airworthiness
- Design for growth
- will continue to cover the areas of the Agency’s competencies after further extension of scope
- Aerodromes and ATM

- MS – Structure

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## Authority Requirements

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## Create administrative requirements and procedures for

Interaction at competent authority level
competent authority	regulated persons 
competent authority 	organisations

Interaction at Regional / Community level
Member States	 the Agency and the Commission

- Interaction at competent authority level
- competent authority	regulated persons
- competent authority 	organisations
- Interaction at Regional / Community level
- Member States	 the Agency and the Commission

- Authority Requirements - Purpose

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## Two Levels
Competent Authority Level
Regional/Community Level

Horizontal approach
Applicable to the different areas of the Agency’s competencies

Design for growth
Regulation is designed in such a way that enables growth following the Agency’s extension of responsibilities.

- Competent Authority Level
- Regional/Community Level
- Horizontal approach
- Applicable to the different areas of the Agency’s competencies
- Design for growth
- Regulation is designed in such a way that enables growth following the Agency’s extension of responsibilities.

- Authority Requirements

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## Subpart – General

General administrative requirements

Examples:

Designation of a competent authority by a Member State
Procedures to deal with findings and corrective actions
Mutual exchange of information

- General administrative requirements
*Examples:*
- Designation of a competent authority by a Member State
- Procedures to deal with findings and corrective actions
- Mutual exchange of information

- Authority Requirements – Structure

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## 
Subpart – Air Operations
Administrative requirements for the certification and oversight of operators

Subpart – Flight Crew Licensing
Administrative requirements for licensing of flight crew and approval and oversight of training organisations and medical centres.

- Subpart – Air Operations
- Administrative requirements for the certification and oversight of operators
- Subpart – Flight Crew Licensing
- Administrative requirements for licensing of flight crew and approval and oversight of training organisations and medical centres.

- Authority Requirements – Structure

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## Original Timetable of NPAs

| May | June | July | Aug | Sept | Oct | Nov | Dec |
| --- | --- | --- | --- | --- | --- | --- | --- |

- NPA FCL

- NPA
- OPS, MS, AR

- Comment period

- Comment period

- CRD

- Opinion

- CRD

- Opinion

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## Timetable of NPAs

- Part FCL is considered mature to be published
- Some inofficial requests were made to do further work on Part OPS, Management System and Authority Requirements
- Any delay in publishing will result in a shorter transition period ...

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## Timetable of NPAs

| May | June | July | Aug | Sept | Oct | Nov | Dec |
| --- | --- | --- | --- | --- | --- | --- | --- |

- NPA FCL

- NPA MS, AR

- Comment period

- Comment period

- NPA OPS ?

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## Comment Response Document

- Comment Response Tool on the EASA Website will help to handle comments
- Comment Response Document will be published two months after the end of the comment period
- Inofficial requests were made to adapt the comment period FCL to the publication date of the NPA on OPS, MS and AR

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## Transition

- Time for transition is determined in Article 70 of the Basic Regulation
- Latest implementation date is 08 April 2012
- Earlier implementation dates may be specified in the implementing rules
- Transition times will be proportionate to change

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## Transition

- Grandfathering for certificates, authorisations and approvals issued according to
- JAR-FCL
- EU OPS
- JAR-OPS 3
- and
- Time will be given for small adaptions
- New elements comeing from JAA-NPAs not regulated through JAA

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## 1st extension of scope (2):Elaboration and adoption under theCommunity framework of additional airworthiness specifications for a given type of aircraft and type of operation

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## TODAY

**Joint Operational Evaluation Board (JOEB) ******** ****still under JAA umbrella managed by EASA Flight Standards Certification (JAAT-EASA Contract).**
**JOEB process ******** ****single assessment acceptable to all JAA MS****. **
**type (rating) syllabi is not established by the TC holder ******** ****syllabi are approved locally by the NAA or established by an approved training organisation.**
**Additional airworthiness requirements that are necessary for certain kind of operations (former JAR-26) ******** ****either operational rules or airworthiness notices.**

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## Transfer to EASA regulatory framework

**Art. 5 - Airworthiness**
**amendment to include the basis for the Operational Suitability Certificate (OSC) and Safety Enhancement Directives (SED)**
**OSC = additional specifications for the operation of a given type of aircraft**
**SED = ****additional airworthiness specifications for a given type of aircraft and type of operation **

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## Art. 5 – Airworthiness. New items

**Elements to be approved by the Agency for a given aircraft type:**
**Minimum syllabus of maintenance certifying staff type rating training;**
**Minimum syllabus of pilot type rating training and qualification of associated simulators;**
**Master minimum equipment list (MMEL), as appropriate**
**additional airworthiness specifications for a given type of operations: retroactive airworthiness requirements, Cabin crew training syllabus for an aircraft type, as applicable (when OPS require cabin crew).**

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## Status

**RM group 21.039 (core group):**
**9****th**** meeting end August ******** Goal is to finish draft amendments to Part 21.**
**RM sub-groups 21.039:**
**created for drafting:**
- CS-MMEL
- CS for maintenance certifying staff type/variant(s) rating training
**EASA internal drafting:**
**CS for pilot type/variant(s) rating training**
**Cs for cabin crew type/variant(s) training**

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## Schedule

** ****1****st**** NPA:**
**end of October 08**
**Proposed amendments to Part 21 + AMC/GM to Part 21**
**OSC workshop:**
**2 weeks after publication of 1****st**** NPA**
**To explain the content of the 1****st**** NPA and OSC and SED concepts**
**2****nd**** NPA:**
**At latest, End of 2008**
**Proposed draft of certification specifications**

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