easa – regulatory update – regulatory update ... change the term “maintenance records” to...

NBAAMaintenance Management Conference

2016

EASA – Regulatory Update

Thomas MicklerEASA Representative – Washington D.C.4th May 2016

TE.GEN.00409-001

Overview

4th May 2016 NBAA, Maintenance Management Conference 2016 - Kansas City 2

EASA Vision 2020

o Holistic EU-EASA system(Covering safety, security, environment)

o Joint EU Certification, Oversight and Enforcement System(non-fragmented, NAAs fully integrated)

o An efficient, effective, proportionate, flexibleand performance orientated system

o Stable and harmonised funding covering the entire system

o Higher level of safety protection for EU citizens within andoutside Europe

34th May 2016 NBAA, Maintenance Management Conference 2016 - Kansas City

EASA’s Basic Regulation Amendment

o European Commission presented “Aviation Package”to Parliament and Council in December 2015

o Includes amendment to BasicRegulation – EASA’s foundation

o Start of legislative process(Co-Decision; EP and Council)under Dutch Presidency;

o Adoption of new Basic Regulation not before 2017.



o ResourcesEASA’s Role in facilitating cooperation between CAAs and the sharing of resources; Voluntary transfer /delegation of tasks between CAAs and EASA including transfer of responsibility; Pool of EASA inspectors;Emergency transfer of competences

o FundingHarmonised framework for funding of tasks delegated from one CAA to another CAA or to EASA; Possibilityfor additional funding sources for EASA; Increased flexibility for Agency to adjust staffing levels financedthrough fees & charges to market demands

o ResearchEASA to assist the Commission in the identification, definition and coordination of aviation-related researchneeds

o Safety strategyClear legal mandate for the “European Plan for Aviation Safety” and reinforcement of its link with the“National Plans for Aviation Safety”; The process should be more transparent, evidence-based, data-drivenand encompass all EASA activities, extending also on environment („Environmental Review“)



o ATM – Single European SkyTransfer of SES safety-performance related tasks into EASA Basic Regulation; EASA monitoring and technicalsupervision of the SESAR deployment phase

o SecurityNew rules and common standards to adequately address airworthiness-related security matters; EASA role todisseminate safety-security relevant information in close coordination with DG HOME and DG MOVE;Stronger EASA involvement in EU crisis management and in the European Crisis Coordination Cell (ECCC)

o RPASNew Provisions for RPAS; removal of RPAS from Annex II

o International relationsReinforced cooperation between Member States, Commission and EASA; Clear legal basis for EASAengagement in technical cooperation, research and assistance projects; Safety List: support to EC

o EnvironmentTo strengthen the role of EASA to deal with interdependencies between safety, environment andperformance targets; To create a legal basis for an “Environmental Review” to focus on environmentalperformance and promote its visibility at EU level; To reinforce EASA’s role in the REACH process


7

Update on Bi-/Multilateral Agreements


BASA TIP Revision 5

TIP Rev 5 was signed in September 2015: reciprocalacceptance of TSOA/ETSOA entered into force at the lastBilateral Oversight Board Meeting on 2nd March 2016.

Main improvements are:

Reciprocal acceptance of TSOA/ETSOA (for details see FAQ )

• Automatic acceptance of the vast majority of TSOA/ETSOA

• Few exceptions for which validation will still be required

Reciprocal acceptance of STC classification “basic”

• Elimination of VA check of CA classification “basic”

• More efficient issuance of Basic STCs by the VA under a pureadmin process with no VA technical involvement

4th May 2016 8NBAA, Maintenance Management Conference 2016 - Kansas City

BASA TIP Revision 5

Main improvements are….cont’d:

Revised section 3.1.5 to clarify and extendautomatic approval of FAA AMOCs by EASA

• Previous text regarding EASA acceptance was notsufficiently clear

• Previous automatic approval was limited to AMOCs of“general applicability”, i.e. model- or SN-specific AMOCswere not covered


Future TIP Changes

Potential items for next revisions have been identifiedand are being evaluated:

Priorities:

• Automatic acceptance of compliance findings for TCs/STCsfor certain small a/c and related products;

• Automatic reciprocal acceptance of stand-alone changes(major and minor) to AFM;

• Provisions for maintenance of confidence in all areas ofautomatic acceptance;

• Consequences of Regulatory changes (for e.g. EASA CS-STAN).


BASA MAG Revision 5

MAG Rev. 5 entered into force 8th December 2015

46 Changes:• Section A - Authority Interaction (n/a to Industry): 26

• Section B – Cert. Process for U.S.-Based Repair Stations: 8

• Section C – Cert. Process for EU-based AMOs: 12

8130-3 issue:• Industry petition to EASA and FAA directors (Oct. 7, 2015)

• EASA and FAA agreed to align effective date (for this issue) with Amdt. 21-28,i.e. 1st April 2016;

• No retroactive application, parts in stock not affected, if…

• FAA issued Notice 8900.336 on 17th Nov. 2015 to ASIs

• FAA and EASA agreed to extend the deadline to October 2016


BASA MAG Revision 6

MAG Rev. 6 will mainly address recommendations ofDOT-OIG report AV-2015-066 of 16 July 2015.

• OIG highlighted a number of weaknesses in FAA’s process totransfer oversight of FAA approved repair stations in the EU andin the way FAA monitors such Repair Stations to ensure theymeet Agency standards.

Significant changes (technical and editorial) include:

• Changed oversight system to Safety Assurance System.

• Redefined coordinator roles regarding the IFO position.

• Updated office AFS symbols.

• Corrected repair station/AMO references.


Next Steps

Aim is harmonisation with all bilateral partners:

• TIP harmonisation to ensure same/similar conditionsfor industry when dealing with 4 BASA partners

• E.g. identical provisionsfor reciprocal acceptance of TSOA/CanTSOA, ETSOA,

• For potential acceptance of certification bases, and

• For acceptance TCs/STCs for certain products

• Maintaining Continuous Confidence

• Rulemaking and rules harmonization

• E.g. Part 23 / CS 23 re-write could serve as example forother products categories

• Establishment of CMT governance structure134th May 2016 NBAA, Maintenance Management Conference 2016 - Kansas City

14

Towards International Recognition of AMOs

Efforts to reduce redundant work


ICAO Principle (Art. 31): State of Registry is responsible forthe issuance of the Certificate of Airworthiness.

Article 33 obliges Member States to recognize as validCertificates of Airworthiness issued by the State of Registry,(provided that…. equal or above ICAO minimum standards)”

International recognition of AMOs requires more horizontalengagement between Member States;

Systems must be comparable, show equivalentperformance, and partners need to establish mutual trust;

Bilateral/Multilateral Agreements (or unilateral legislativechanges) are helpful to guarantee legal certainty.

Even without formal agreements, increasing confidence andrelying on other State’s systems is to some extent possible.

International Recognition of AMOs


Transfer AMO requirements from Annex 6 to Annex 8 inorder to emphasize the concept of stand-alone AMOs(not linked to an operator).

Change the term “maintenance records” to “continuingairworthiness records” when referring to the records keptby the operator.

Align all the definitions and statements related to therelease of maintenance (inconsistencies related to approved data,

approved/acceptable procedures, applicable requirements, maintenanceprogramme, etc.)

Provide more guidance in Document 9760 regarding the: Approval process of the AMO.

Rating system for an AMO.

Acceptance of the approval by other States.

Towards more international recognition

ICAO Airworthiness Panel is discussing:


More detailed ICAO Provisions - beyond generic ones of today

Promote Regional initiatives/cooperation to create commonstandards (aligned with FAA/EASA) to facilitate recognition.

Increasing reliance on Foreign Authority Competence throughconfidence building and risk based decision making (RBDM);

Promote Joint AMO Investigations (with different CAAs);

Complemented by:Use of Industry Auditing Standards for AMOs (e.g. IAQG)

Sharing/pooling of audit results

Towards for more international recognition

Possible additional steps in support of a reduction ofduplicated certification and surveillance activities:


SMS in Continuing Airworthiness


Phase I

- CAMO for CAT andCMPA only

- Opinion in Q2-2016

- Regulation in 2017

Phase II

- Part-145,POA, DOA

- Assess need for Part-147, Part-66

- NPA in 2017

2020: SMS

implemented inorganisations doing:• Maintenance• Cont.

AirworthinessManagement

• Maint. Training• Part-66• Production• Design

Two NPAs for SMS were published in 2013: NPA2013-01: Part-M and Part-145

NPA2013-19: Part-66 and Part-147

After analysis of comments, EASA decided to split task in 2 phases:

RMT 251SMS in CAW – Phase I

From the GeneralAviation task force

RMT463

Introduced byReg. 2015-1326

SMS in CAMO


No change now

Reg

.13

21

/20

14

(rev

ised

)R

eg.1

32

1/2

01

4(r

evis

ed)

Part-145 Part-66 Part-147

Part-CAO Replaces Part-M/F andPart-M/G

Part-ML Technical RequirementsTechnical Requirementsfor small aircraft

Part-M Technical requirements forCMPA and CAT

Part-CAMO Replaces Part-M/GSection A: Organisation

RequirementsSection A: Organisation

RequirementsSection B: Authority

RequirementsSection B: Authority

Requirements

Part-T Cont. Airw. of 3rd Countrya/c operated in MS

SMS inside

• OPINION Q2-2016• REGULATION 2017

Part-M/ML & Part-CAMO/CAO

20

Regulation 1321/2014Regulation 1321/2014

Annex I

Part-M

Annex I

Part-M

Annex II

Part-145

Annex II

Part-145

MinorchangesMinor

changes

Annex III

Part-66

Annex III

Part-66

Annex IV

Part-147

Annex IV

Part-147

Annex Va

Part-T

Annex Va

Part-T

M/G ref.updatedM/G ref.updated

Annex Vb

Part-ML

Annex Vb

Part-ML

Anne Vc

Part-CAMO

Anne Vc

Part-CAMO

Annex Vd

Part-CAO

Annex Vd

Part-CAO

Cover Regulation

Opinion 05/2016 RMT.0547 Part-M General Aviation Task Force Phase II

Part-M ’light’ and new Part-CAO (combined AW approval – no SMS)

Opinion 06/2016 (to be published) RMT.0251 SMS Phase I

new Part-CAMO (with SMS)

Part-21

Minorchanges


28 EU Statesincluding European MS’sOversea Territories

+4 EFTA states

A single European process for vetting thesafety performance of foreign (non-EU)commercial air transport (CAT) operators;

A TCO authorisation addresses compliancewith ICAO Standards; it is not anoperating permit;

Operating permits are issued by States;

EASA’s TCO authorisation will be aprerequisite for EU Member States togrant operating permits;

Member States are not supposed toperform their own technical reviews.

EASA TCO Authorisation


TCO Implementation Timeline

26 May 2014Part-TCO Entryinto force

26 Nov 2014end of applicationphase for carrierwith existing OPSpermits 2 July 2015

First TCOAuthorisationsissued

26 Nov 2016transition ends;all applications mustbe processed

22

Simplified process for Business a/c operators:

- Adding a new aircraft type to a existing TCO authorization

can be done easily through EASA’s online TCO internet portal.

- No application for reauthorisation necessary.


TCO a special treatment for Business a/c

An authorised Business Operator does not need prior approvalbefore launching operation of a new a/c type; however…

Notification: Operation can begin immediately after enteringinformation on new aircraft type into EASA’s online database;

A technical review will still be performed at a later point in time;

In order to qualify for the application of the simplifiedprocedure the following criteria must be fulfilled: Not used for scheduled operations Multi-engine passenger aeroplane Operated by multi-crew MCTOM < 45,500 kg [100,310 lbs] ≤ 19 passengers Holds an EASA type certificate and a standard CofA Compliant with ICAO

EASA is working with FAA on pragmatic solutions for SMS implementation


Impact of NCC rules on “foreign” aircraft

24

Background:o Non-Commercial operations of Complex motor-powered aircraft

o Part-NCC was published in August 2013 (EU Reg. No 800/2013)and will become applicable on 25.08.2016;

o by that date, operators will have to declare to the Authoritytheir principal place of business.

o As required by the Basic Regulation, NCC rules place moreobligations on the State of Operator, while ICAO SARPs attributeresponsibilities to the State of Registry.

when an EU NCC operator uses third-country registeredaircraft, both the State of the Operator and the State of Registryare responsible for the oversight: the former oversees theoperations, the latter the aircraft.


Impact of NCC rules on “foreign” aircraft

In practice, this may lead to overlapping or dualresponsibilities and competences in areas such as:o MEL approval: the State of Registry approves the MEL, which in

the case of third-country registered aircraft comes with theaircraft (ICAO SARP). The State of Operator then also has toapprove the MEL (Essential Requirement in the BR).

o Specific approvals (SPA) are granted by the State of Registry (forPBN, MNPS and RVSM) and/or by the State of Operator (theothers, e.g. LVO, DG, etc.).


Thank youfor your attention.

Your Point of Contact inWashington D.C.

Thomas MicklerEASA-Representative2175 K Street NW, Suite 808Washington D.C., 20037Tel: 202-862 9667

MAG Rev. 5 changes to Section B

Added provision in Part III, paragraph 2, FAA to inform EASA within 3 business days ofany changes to a current certificate.

Revised Part III, Paragraph 2.1 - Parts of the EASA Form 9 to be completed in the case ofchange or amendment.

Added provision in Part III, Paragraph 2 – Added a note to allow repair stations tocontinue issuing an 8130-3 dual release pending name change.

Provided clarification in Appendix 1, Paragraph 10 (h) Requirement to have proceduresin the RSM/QCM for maintaining and revising the roster in lieu of identifying the rosterin the RSM/QCM.

Provided clarification Appendix 1 Paragraph 10 – Revised instructions when a FAA 8130-3 Form is issued with exceptions used for US and Europe.

Added provision in Appendix 1 Paragraph 14 (d) – added a requirement to develop anaudit plan annually to include 14 CFR Part 43 and Part 145 and EASA special conditions.

Paragraph 18 – Added a note regarding EASA line stations to be the same as listed in D107.

Appendix 1, Paragraph 10 (k) - Use of the term “Must” where applicable instead of“Should”


easa – regulatory update – regulatory update ... change the term “maintenance records” to...

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