# Presentation: 888845

## Transfer under EASA Responsibility of Former CIS Built Aircraft Operated in EU Member States:Challenges in the Certification Domain

**Transfer under EASA Responsibility of Former CIS Built Aircraft Operated in EU Member States:****Challenges in the Certification Domain**

**Alain Leroy**
**European Aviation Safety Agency**
**Head of Aircraft Product Certification**

## The EU System (1)

_**The principle**_
- The Community acts as a legislator, while Member States apply Community law under Community control
- Delegation of executive powers to the Commission only where central acts are more beneficial

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## The EU System (2)

_**New set of community law**_
- Basic Regulation and Implementing Rules
- Directly applicable in all Member States
_**Establishment of EASA**_
- Body of the European Community
- Delegation of executive powers
- Built on a strong legal basis

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## The EU System (3)

_**Consequences:**_
**Member States may no more**
**Deviate from common rules**
**Impose additional requirements**
**Issue Certificates in fields where EASA is competent**
**Conclude arrangements with third countries**

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## Regulatory Framework (1)

- The European Parliament and the Council define the  Scope of Powers transferred to the Community
- They adopt the Basic Regulation including Essential Requirements specifying the objectives to be met

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## Regulatory Framework (2)

_**The European Commission adopts Implementing Rules**_
- Binding standards for implementing the essential requirements

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## Regulatory Framework (3)

_**The Commission adopts Implementing Rules**_

**Commission** **Regulation (EC) 2042/2003**
**on Continuing Airworthiness**

**Annex I (Part-M):**
**Continuing Airworthiness Requirements**

**Annex II (Part-145): Maintenance Organisation Approvals**

**Annex III (Part-66):**
**Certifying Staff**

**Annex IV (Part-147):**
**Training Organisation Requirements**

**Annex (Part 21)**

***Section A: Technical Requirements***

***Section B: Administrative Procedures***

***Section A: Application Requirements***

***Section B: Administrative Procedures***

***Appendices: EASA forms***

***Appendices: EASA forms***

**Commission Regulation  (EC) 1702/2003****on Airworthiness and****Environmental Certification**

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## Agency’s Member States

- 25 countries since1st May 04

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## EASA Objectives (1)

_**Establish and maintain a high uniform level of civil aviation safety in Europe; and**_
- to ensure a high uniform level of environmental protection
- to promote cost-efficiency in the regulatory and certification processes and to avoid duplication at national and European level

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## EASA Objectives (2)

- to facilitate the free movement of goods, persons and services
- to assist Member States in fulfilling their obligations under the Chicago Convention.
- to promote Community views regarding civil aviation safety standards and rules throughout the world by establishing appropriate cooperation with third countries and international organisations

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## Aircraft Transfer under EASA

** “****Grand-Fathered” Rights were applied when products were found compliant with the EU Essential Requirements, thanks to Member States previous certification and continued airworthiness work.**

**Aircraft Transfer under EASA**

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## The 10 New EU MS Aircraft Fleet situation

- CIS built aircraft could not be transferred at the 05/2004 accession date because:
**The airworthiness systems in which they had been designed and operated was mostly unknown to EASA and former EU 15 MS, and as such, could not be declared compliant with the EU Essential Requirement without further showing**

**The 10 New EU MS Aircraft Fleet situation**

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## CIS Built Aircraft TransferThe issue

- The Community cannot use them as a basis for a cooperative approach to the transfer of those aircraft under EASA responsibility, however:
**There are provisions in the EU Regulatory framework to allow continued operation under Member States national systems until 27 March 2007**

**CIS Built Aircraft Transfer****The issue**

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## The Issue of Aircraft Transfer:The expectation

**A “Catch-Up” Process should be completed:**
**“****Westernized” Type Certification Basis using Twin Brother Concept for aircraft, engine and propellers, have to be established and accepted by EASA as compliant with the EU Essential Requirements in order to define a legal basis to issue a EASA Type Certificate**
**Compliance Check-Lists with above “Westernized” TC Basis have to be established and accepted by EASA in order to document the issue of a EASA Type Certificate**

**The Issue of Aircraft Transfer:****The expectation**

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## The Issue of Aircraft Transfer:The expectation

**The Dissemination of approved data supporting continued airworthiness of the existing fleet should be ensured through the establishment of the appropriate links and workflows between the product manufacturers, the EU Operators, the State of Design Authority, and EASA**

**The Issue of Aircraft Transfer:****The expectation**

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## The March 2007 Challenge to Industry & Authorities

**Have to understand each other airworthiness system in detail**
**Define a minimum set of rules and specifications which would allow EASA to transfer these products Type Certificates under its responsibility**
**Establish appropriate links & workflows for the dissemination of approved data supporting the continued airworthiness of the existing fleet**

**The March 2007 Challenge to Industry & Authorities**

- AW 02 - Regulatory Co-operation Seminar - New Delhi

## Thank your for your attentionAny questions ?

**Thank your for your attention****Any questions ?**