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workload – this cannot be increased any more. If
Parliament, European Commission, the Member
States or the industry ask us to do more they will
also have to make sure we receive adequate resources
to accomplish these tasks.
The Commission is expected to comment on the
recommendations of the Management Board during
the first quarter of 2009. In the meantime, the
Agency will of course already start to work on internal
improvements.
”The Total System Approach requires from all
players a change in thinking and working.“
continued: INTER VIE W You are reviewing the Rulemaking process. Why is
this review so important?
The Agency was set up because harmonisation
wasn’t really happening – even though it became
more urgent, after the EU enlargement. Also, a
quicker way of working was needed. Some of
the JAA harmonisation groups had not found a
consensus after more than 10 years. The Single
Engine Instrument Meteorological Conditions (SEIMC)
proposal is an example. Because of time constraints
and transition problems we did not consult
stakeholders as many expected us to do. Even
though this has improved in recent years, stakeholders
were not really able to take part in the
development of new rules. This has often created
a distance between the NAAs and the Agency. We
want this situation to change.
What are the main recommendations for Rulemaking?
We need to streamline our work programme, and
we will also need assistance from outside. For
certain tasks, NAAs and also industry have the capacity
to assist. For certain rules, we can envisage
developing the Terms of Reference together with
an NAA, which then takes over the drafting. This
could be a win-win situation for all parties involved.
Combining uniform regulations with flexibility_
In the early of ICAO, aviation operations were not
as complex and dense as they are today, and technological
choices were relatively limited. Today, the
situation is the opposite: sophisticated operations,
high traffic volumes and technological progress
have lead to a wider range of regulatory decisions
that need to be taken to ensure safety.
It is questionable whether the traditional style of
aviation rulemaking – which is to set all the technical
details in mandatory rules – is the best option
to cope with the challenges of the 21st century.
Different levels of regulatory material_ The
EASA legal framework contains different levels of
law. There are two basic types. First, EASA’s “Basic
Regulation” is adopted by the Council and the European
Parliament in co-decision procedure. Second,
technical “implementing” rules are decided in
working groups of Member States’ representatives
and the European Commission. This is known as
the “comitology” process. Both forms of regulations
are directly applicable and legally binding in
all Member States.
However, the high speed of advancement in modern
technology in the field of aviation makes it
impossible to keep up with events through those
legislative processes. Therefore, EASA also adopts
“soft” law, i.e. non-binding standards for voluntary
application, such as Acceptable Means of Compliance
(AMC), Certification Specifications (CS) or Guidance
Material (GM). Since these instruments are of a
non-binding nature, deviations are allowed, providing
that an equivalent level of safety is attained.
Harmonisation and flexibility – performancebased
Rulemaking_ When developing its rulemaking
tasks, the Agency conducts an analysis of
which requirements should be of a binding nature
- because safety can only be ensured by their strict
implementation - and which should be non-binding,
i.e. “soft law”. This is the fundamental aspect
of the “performance-based approach” that the
Agency has followed for the development of the
Rulemaking in the EU framework
European Aviation Sa fety Agency EASANEWS 02. 2009 05
Conversely, if the Agency considers that the alternative
means of compliance fully meet the safety
criteria, it will initiate a rulemaking task in order
to adopt them as EASA AMC.
This system will guarantee an equal playing field,
transparency and harmonisation, while still allowing
for the necessary flexibility for stakeholders.
Initially, it will only apply to Air Operations and
Flight Crew Licensing, but the Agency intends to
propose its application to other fields of the EASA
system in the future.
P ublication Date
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