Sofema Online (SOL), www.sofemaonline.com, considers the EASA Regulatory Framework
The Beginning of EASA / FAA Joint Certification
In the wake of the successful “technical cooperation” exemplified by the Anglo-French Concorde project, 1970 marked a significant milestone in aviation regulation. European authorities embarked on an initiative to create a harmonized set of requirements, aligning with the Federal Aviation Administration (FAA), for aircraft design specifications. This effort led to the establishment of the Joint Aviation Requirements (JAR 25). These requirements were recognized by the Civil Aviation Authorities (CAAs) of participating countries as an acceptable basis for demonstrating compliance with their national airworthiness codes. The existing airworthiness code, FAR Part 25 of the FAA, was selected as the foundation for JAR for Large Aeroplanes, commonly referred to as the Basic Code.
JAA Documentation
The Joint Aviation Authorities (JAA) issued several key documents:
• JARs: These contain both requirements and advisory materials, including Advisory Circulars Joint (ACJ), Advisory Material Joint (AMJ), Acceptable Means of Compliance (AMC), and Interpretative and Explanatory Material (IEM).
• NPAs (Notice of Proposed Amendments): Proposed changes to the JARs.
• Administrative and Guidance Material: This includes Joint Implementation Procedures, Temporary Guidance Material, and Interim Policies.
The European Relationship with the European Aviation Safety Agency (EASA)
Formally established in October 2002 by EU regulation, EASA began exercising its executive powers on 28 September 2003, with its headquarters in Cologne, Germany. The transition of responsibilities from the JAA and National Aviation Authorities (NAAs) to EASA is now complete for all aircraft except Annex 2 aircraft.
A Brief History of European Aviation Regulatory Development
The adoption of European Regulation (EC) No 1592/2002 by the European Parliament and the Council of the EU facilitated the creation of EASA. Officially starting its operations on 28 September 2003, initially from Brussels before moving to Cologne in late 2004, EASA took over the responsibility for regulating airworthiness and maintenance issues within the EU Member States.
EASA Basic Regulation 2018/1139: Introduction & Overview
The airworthiness regulatory structure was established by Council Regulation (EC) No 2018/1139 (the Basic Regulation), which includes:
• Annex I: Excluded Aircraft
• Annex II: Airworthiness
• Annex III: Flight Crew Licensing
• Annex IV: Air Operations
The Basic Regulation is binding in law, while the Acceptable Means of Compliance (AMC) and Certification Specifications (CS) are not.
Considerations Related to EASA Part CAMO
The EU Regulation 1592/2002, issued on 7 September 2002 and effective from 28 September 2002, was replaced by regulation 216/2008 in 2008 and again by regulation 2018/1139 in 2018. From 28 September 2003, EASA assumed responsibility for Type Certification and Maintenance from the NAAs of all EU Member States.
The EU Framework
The EU framework operates on the principle that:
- The Community acts as a legislator.
- Member States apply and supervise Community law under Community control.
The Parliament and the Council define the scope of powers transferred from the Member States and adopt the Basic Regulation, including essential requirements specifying the objectives. The Commission adopts Implementing Rules as required by the Basic Regulation, while EASA issues Agency Decisions (AMC & Guidance Material) as required.
EASA Terminology
EASA’s rulemaking process involves several steps:
- Issuing Terms of Reference (ToR) for a rulemaking task (RMT) and creating a Notice of Proposed Amendment (NPA) with industry and CAA participation.
- Inviting comments on the NPA via a Comment Response Tool and conducting a Regulatory Impact Assessment (RIA).
- Issuing an Opinion, which includes rulemaking recommendations evaluated by the European Commission through Comitology, leading to Implementing Rules (Hard Law).
- Publishing the Comment Response Document (CRD), including a Decision on the format and structure of AMC and Guidance Material (GM).
Implementing Rules are binding in their entirety, specifying a high and uniform level of safety and compliance. Delegated Acts and Implementing Acts further detail these regulations, with the European Commission adopting them based on a delegation from EU law.
Certification Specifications and Guidance Material
Certification Specifications (CS) are non-binding technical standards adopted by EASA to meet the essential requirements of the Basic Regulation. They establish the certification basis (CB). Acceptable Means of Compliance (AMC) are non-binding methods to meet the requirements of the Basic Regulation and Implementing Rules. Alternative Means of Compliance (AltMoC) can be proposed by NAAs and organizations if they meet the intent of the Implementing Rules.
Guidance Material (GM) provides non-binding explanatory material on achieving the requirements of the Basic Regulation, Implementing Rules, AMCs, and CSs.
Principles of EASA Management Systems in Support of Regulatory Compliance
A Quality System must include a Quality Assurance Programme designed to verify compliance with all applicable requirements. The system and its managers must be acceptable to the authority and described in relevant documentation. An operator may designate two Quality Managers, one for operations and one for maintenance, as long as a single Quality Management Unit ensures uniform application of the Quality System across all operations.
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