EASA safety regulation and civil-military partnership

Amsterdam, 11 March 2010 Jules Kneepkens (EASA Rulemaking Director)

European Aviation Safety Agency

Competencies of EASA
Scope
Initial BR First extension Second extension

Reg.
1592/ 2002 216/ 2008 1108/ 2009

Competencies
Airworthiness (UAS > 150 Kg) Environmental protection Flight Crew Licensing OPS Aircraft used by 3rd country operators Aerodromes Air Traffic Management (ATM) Air Navigation Services (ANS)

but how does EASA interact with SES & SESAR?

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European Aviation Safety Agency

EC, MS & EASA = EASA system

EU COMMISSION
Adopts implementing rules Enforcement measures
pi ns o ni
s rt po e R
m Co

gy lo ito

EASA
Proposes implementing rules Adopts AMCs, CSs, GM Standardisation inspection AGNA Inspections

EASA STATES
Implement rules Issue (most) certificates Oversee organisations Advise EASA
3

Issues (rarely) certificates

Assists to apply the rules
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Filippo Tomasello

European Aviation Safety Agency

EASAs ATM tasks - in BR

RULEMAKING
ANSPs systems airspace users safety oversight personnel

STANDARDISATION INSPECTIONS
competent authorities

SAFETY ADVISER
SES implementation

SAFETY ANALYSIS & RESEARCH

CERTIFICATION & OVERSIGHT

pan-European & non-EU ANSPs non-EU ATCO non-EU ATCO TRG ORG Network mgr ??
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INTERNATIONAL RELATIONS
ICAO
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3rd countries

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European Aviation Safety Agency

EASA interface to SESAR

Formal arrangements necessary between SESAR JU & EASA Applicable to the development phase (not regulated) Safety regulators (EASA + NSAs) to provide: Assessment of produced safety deliverables Advice on rules subsequently applicable when implementing systems/concepts Safety regulators not responsible to invent technologies

CSs can be developed by other organisations (e.g. ETSI, Eurocae, etc.) Decisions to implement by a given date through SES (interoperability)
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European Aviation Safety Agency

EASA interface to SES

Economic and performance regulation responsibility of EC/SES (EASA may advice for the safety implications)

Dates for implementation decided by EC/SES Committee (Ref. regulation 552/2004 on

interoperability): Mandatory carriage of avionics Mandatory upgrade of ground ATM/ANS systems SES II includes network functions (e.g.. ATFM/CFMU) Functions are not certified Nevertheless they shall be under proper safety oversight By a separate entity
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European Aviation Safety Agency

Art. 1 Scope of EASA

The EASA Basic Regulation shall not apply to: ATM/ANS, including systems and constituents, aerodromes, personnel and organisations, that are provided or made available by the military Member States shall, as far as practicable, ensure that any military facilities open to public use referred to in paragraph 2(b) or services provided by military personnel to the public referred to in paragraph 2(c), offer a level of safety that is at least as effective as that required by the essential requirements as defined in Annexes Va and Vb.;
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European Aviation Safety Agency

EASA for CIV-MIL cooperation

1. Coordination with EDA established
Electro-magnetic spectrum Airworthiness and OPS of UAS (dual use technologies) Support to harmonised airworthiness rules for MIL aircraft

2.Civil certification of Airbus A400 M underway

MIL experts are working in partnership with us EASA TC will not replace MIL airworthiness approval DOA TC holder to report occurrences in order to maintain validity of the TC (ref. Part 21 CAW)

3. Cooperation with EUROCONTROL

Participation to EUROCONTROL CIV-MIL fora Joint work for common EU Rules of the Air Support to harmonisation of rules for MIL aerodromes open to civilian CAT traffic

4. MIL can participate to EASA working arrangements

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European Aviation Safety Agency

BACK UP SLIDES
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European Aviation Safety Agency

Chicago Convention compared with EU/EASA

Article 37 Article 1 Treaty of Rome

States adopt law technical Annexes to Convention

Wording addressed to citizens International public law Technical Specifications

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European Institutions adopt law

ICAO Annexes are NOT law directly addressed to persons

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European Aviation Safety Agency

Areas of cooperation
Draft Partnership EASA/EUROCONTROL 1. Rulemaking Rules of air (mandate by EC) EASA Tasks ATM.001, 003 & 004 CSs (with industry bodies: e.g. ETSI AERO TC) 2. Standardisation inspections (auditors from EUROCONTROL) 3. Certification, oversight & Operational Monitoring 4. Safety data collection and analysis 5. Involvement of EASA in SESAR Safety Regulatory Coordination Review of deliverables from development phase Identification of needed standards (e.g. ICAO) Familiarization with EASA IRs 6. Training (already underway)
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European Aviation Safety Agency

EDA EASA areas of common interest

Brief information on EDAs military airworthiness; Airworthiness only, versus a need for total aviation (EASA) approach Current future EASA regulatory structure (a need for civilmilitary synergy) To what extend is EASA involved in the SES, SESAR development?
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European Aviation Safety Agency

COM (2008) 389

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS (25 June 2008):

Single European Sky II: towards more sustainable and better performing aviation

Four pillars
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European Aviation Safety Agency

The 4 pillars
COM (2008) 389 In order to make the European sky safer and more sustainable, the Commission has put forward a package of proposals (four pillars): regulations (SES II) performance framework with quantified target setting 1.Amendment of 4 SES

2.(Second) extension of EASA competences to cover

all links in the aviation safety chain will improve safety 3.Endorsement of SESAR ATM Master Plan to speed up

technological innovation 4.Airport action plan to tackle capacity in the air and on
the ground
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European Aviation Safety Agency

The aviation safety regulator

. is not responsible for proposing/deciding on: Technical solutions Business cases Procurement or business models Mandatory implementation dates Safety of space missions
. it only: Certifies organisations (e.g. ANSPs) and personnel Oversees (or certifies) products/systems, based on evidence (e.g. declarations and technical files) produced by organisations
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European Aviation Safety Agency

The will of the legislator

Whereas: In its Communication of 15 November 2005 entitled Extending the tasks of the European Aviation Safety Agency an agenda for 2010, the Commission announced its intention to progressively extend the tasks of the European Aviation Safety Agency ("the Agency"), with a

view towards a "total system approach", to aerodrome/airport safety and

interoperability, Air Navigation Services ("ANS") and Air Traffic Management ("ATM")
Recital 1 EASA BR
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European Aviation Safety Agency

Was ist der Total System Approach?

SW + HW + Organisations + Procedures + People (ref. SHELL model and EUROCONTROL) EC + EASA + NSAs (EASA system ) Regulators and regulated organisations (ICAO SSP & SMS) Inter-organisational SMS (e.g. LRST) En-route-to-en-route or gate-to-gate (ICAO Global ATM concept consistent with SESAR) Space, ground and airborne constituents (Reg. 552/2004)

All of the above?

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European Aviation Safety Agency

Total System Approach in practice

It means that industry, operators and ANSPs will finally have a a single body of law to consult Body of law organised according to coherent principles and semantics Thus simplifying their interface with the competent authorities Especially when involved in more than one aviation domain Furthermore, since causal factors of most aviation safety occurrences are multi-modal in their nature, total system approach can reduce risks coming from gaps, overlaps or confused responsibilities between different aviation domains Patrick Goudou Skyway 52 Summer & Autumn 2009 page 35
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European Aviation Safety Agency

Total system approach for systems

Total system approach is necessary also among organisations! ATM
Aircraft parts

ANS/ATM systems

Aerospace Ground Support Equipment

Aerodrome Equipment
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European Aviation Safety Agency

BR provisions on ATCO licensing

1. ATCOs & persons / organisations involved in training, testing, checking or medical assessment shall comply with essential requirements in Annex Vb ... 2. ATCOs shall to hold a licence & medical certificate 6. Capability of ATCO training organisations, aero medical examiners & aeromedical centres shall be recognised by certificate 8. Persons providing practical training or assessing ATCOs skill shall hold a certificate 11. Measures (IRs) shall initially be developed on the basis of the provisions of Directive 2006/23 on a Community ATCO licence

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European Aviation Safety Agency

MIL (& similar) activities out of EASA competence

Topic
dual use aircraft (products and parts) Exclusively MIL aircraft & products Aerodromes controlled & operated by MIL (even if serving scheduled CAT) MIL ATM/ANS

Key competencies EASA EU MS

Type certificate Individual CofA

No competence Exclusive competence No competence Exclusive competence No competence Exclusive comp.

but MS shall offer a level of safety at least as effective as the EASA essential requirements
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European Aviation Safety Agency

Future challenges: UAS

ICAO has organised the first CIV-MIL world-wide conference in 2009 ICAO might: publish a Circular on UAS in 2010 subsequently amend Annex 2; and Announce the need to progressively amending almost the totality of all the Annexes EASA will: develop the regulatory framework for civil UAS within

the limits of its Basic Regulation

cooperate with other stakeholders and regulatory bodies

there might be scope for a second ICAO CIV-MIL Conference focused on UAS
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European Aviation Safety Agency

EU x UAS: only first pillar?

EASA mission is to promote & maintain highest uniform safety and environmental protection progressive development of UAS regulatory framework: airworthiness first civilian UAS belong to the first pillar of the EU (only EC could submit legislative proposals) EASA belongs to the first pillar but UAS also belong to the second (common foreign and security policy) and third pillar (police and similar)
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Is more harmonisation needed? In particular for Governmental non-MIL UAS activities?

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European Aviation Safety Agency

CONCLUSIONS
EASA today competent for the total civil aviation system EASA ready to support CIV-MIL partnership: Involve MIL in EASA rulemaking Support harmonisation of MIL rules (EDA; ECTL) Join forces for specific programmes (e.g. A400 M) Support safe civil use of UAS in non-segregated airspace (in line with ICAO) EASA ready to cooperate with EUROCONTROL EASA has NO monopoly for CSs and technical standards Interface with SESAR JU necessary NOW SESAR implementation will have to comply with EU legal safety processes
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