EASA rulemaking in ATM/ANS - Entry Point North rulemaking in ATM/ANS ... (AIB SRs, occurrences, inspections, ... Slide 1 Author: coxjani Created Date: 9/11/2012 9:09:24 AM ...

EASA rulemaking in ATM/ANS

Entry Point North annual AFIS Seminar 5th and 6th of September 2012, Malmö

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Single European Sky II

Four pillars of Single European Sky II

Single European Sky legislation on ATM

» Binding performance targets

» Network management functions

Extension of EASA competences to ATM and aerodromes

» Fill the missing link in EASA & address key safety issues

SESAR – upgrade technology of ATM

Airport capacity

» Co-ordination between air & ground bottlenecks

Aviation safety policy in Europe

High & uniform level of aviation safety – European safety regulatory system

common safety rules

ensuring that products, services, persons and organisations comply with safety rules

establishing independent safety regulator = EASA

EASA system – shared roles between Member States, Commission, EASA & stakeholders

Progressive harmonisation of safety requirements across all fields

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Total system approach

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Recital (3) of BR: (3) The Chicago Convention already provides for minimum standards to ensure the safety of civil aviation and environmental protection relating thereto. Community essential requirements and rules adopted for their implementation should ensure that Member States fulfil the obligations created by the Chicago Convention, including those vis-à-vis third countries.

Article 2.2(d) of BR: to assist Member States in fulfilling their obligations under the Chicago Convention, by providing a basis for a common interpretation and uniform implementation of its provisions, and by ensuring that its provisions are duly taken into account in this Regulation and in the rules drawn up for its implementation

Vision and mission

EASA system - roles

•EU COMMISSION

• Adopts implementing rules

• Enforcement measures

•EASA STATES

• Implement rules

• Issue (most) certificates

• Oversee organisations

• Advise EASA

•EASA

• Proposes IR’s (Opinions)

• Adopts AMC’s, CS’s, GM

• Standardisation inspection

• Issues (rarely) certificates

• Assists MS & stakeholders to apply common rules

•Standardisation

•AGNA/RAG

Revised RM process: ATM TAG

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Revised EASA rulemaking process;

Including the advisory structure

AGNA -> RAG (Regulatory Advisory Group)+ 4 TAG (Thematic Advisory Groups), -> ATM TAG

ATM TAG will (e.g.):

advice on RM task content and priorities

look at the implementation feedback loops

advice on the rulemaking needs

discuss complex technical rulemaking issues

advice on the RM groups composition

advice the RAG on specific technical aspects

Also make regulatory proposals:

http://easa.europa.eu/rulemaking/annual-programme-and-planning.php

Member States (and observers) invited

First meetings in September 2012

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EASA roles and responsibilities in ATM/ANS

Rulemaking process

Analyse issue and

develop Draft RIA

Draft Rule

Public Consul- tation

Final Review ’reactions

period’

Task initiation

ToR incl.

Group Composition

CRD RIA NPA (RIA)

Decision

Opinion

4-year Rule

making Programme

Contribution by Rulemaking Group

Contribution by Review Group

ToR

NPA (Notice of Proposed Amendment);

Contains - Explanatory Note, RIA, draft proposal, ICAO ‘check’

Is open for public consultation

NPA may propose – new rule or an amendment and/or AMC-GM

A-NPA (Advanced NPA) aims at defining the regulatory approach

What Basic Regulation Requires?

new Articles:

1. Scope

4. Basic principles & applicability

8b. ATM/ANS service provision

8c. Air Traffic Controllers

22b. ATM/ANS certification

22c. ATCO certification

new Annex Vb - ATM/ANS ER’s:

• 1. Use of airspace

• 2. ATM/ANS services

• 3. Systems & constituents

• 4. Qualification of ATCO’s

• 5. Service providers &

• training organisations

ATM rulemaking - status

ATM/ANS

Rulemaking

ACAS II on smaller a/c

…

Implement BR

Implement SES

Rulemaking

Inventory

‘Fast-

track’

rules

On-going

RM tasks ->

comply / BR

ATM Performance scheme

PBN implementation

HETA (Harm. Transition Alt.)

Feedback loops (AIB SRs,

occurrences, inspections, …)

rulemaking ‘driver’:

pre-RIA

amendments (poss.) to

existing rules (or AMC/GM)

SES Committee meeting in December 2009:

“re”discussed the priorities of legislative work

requested an accelerated process for three key tasks

Requirements on ANS provision (ATM.001)

Safety oversight in ATM/ANS (ATM.004)

ATCO licensing (ATM.003)

>>>> ‘Fast-track’ approach

transposition of existing rules

minimum technical changes / updates

Opinions to be issued directly to CION (= no NPA, no formal public consultation conducted by EASA, no CRD)

‘Fast track’ process

Outcome of fast-track

Rules adopted in 2011 - Regulations 1034 (SO) and 1035(CR) in Oct. Regulation 805 (ATCO) in Aug.

Basis for further harmonisation

Standarisation inspections can start → end 2011

The Agency becomes competent authority for Pan-EU service providers (e.g. EGNOS NSP) and for training organisation and service providers located outside the EU

The Agency becomes the safety oversight authority for the Network Manager (first audit in 2012)

Safety analysis can expand to ATM/ANS

Create the basis for future work →e.g. ATM/ANS systems

On-going ATM RM tasks (1)

ATCO Licensing 805/2011

Airspace Usage

1332/2011

Systems SERA

Part ACAS ADR equipment

ATM systems

Parts A – B - C

Part HETA

on-going task

not launched

Following (ATM) rule structure maintained -> amendments (“no additional rules”)

Basic Regulation (as amended by Reg 1108/2009)

ATM/ANS Providers & CA

1035/2011 & 1034/2011

On-going ATM RM tasks (2)

Rule Amendment Legal basis) Note

Reg 1035/1034 local ASM/ATFM (ANSP) Airspace Design (providers)

BR Art 8b + Annex Vb 2g/h/f, 5a

-”- ATS/MET/AIS/DAT technical requirements

BR Art 8b + Annex Vb 2a/b/c, 5a

-”- Airspace designers Art 8b + Annex Vb 2i

-”- Human factor ERs Art 8b + Annex Vb

5b (i-iv)

-”- Personnel qualifications – ATSEP training

Art 8b + Annex Vb 5a (iv)

Reg 805 (ATCO)

ICAO Annex I, Trg Org privileges, instructors, assessors, …

Art 8c + Annex Vb 4a – 4j

Incl. AMC/GM

Reg 1332 HETA (poss. ?) SES + BR Annex Vb1 now A-NPA

tbd ATM Systems Art 8b.4/5

(Art 8a.1/2/5) (ADR equip.) not initiated

SERA IR SERA (former Part C) SES + BR Annex Vb1 integrated

Extension to ATM – BR provisions on ATM/ANS (1)

Article 8b – ATM/ANS 1. Provision of ATM/ANS shall comply with the essential

requirements laid down in Annex Vb ...

2. ATM/ANS providers shall be required to hold a certificate … 3. By way of derogation … providers of FIS may declare … 4. Measures (IR’s) … may require certification of organisations in

design, manufacture and maintenance of safety critical ATM/ANS systems and constituents …

5. Measures (IR’s) … may require certification of safety critical

ATM/ANS systems and constituents …

Extension to ATM – BR provisions on ATM/ANS (2)

Article 8b – ATM/ANS 6. Measures (IR’s) … shall be adopted in accordance with

Regulation 549/2004 (=SES Committee) …

7. Measures (IR’s) … shall;

d) be developed using as far as practicable the relevant provisions of Regulation 549/2004 … (=SES regulations) and provide for transitional mechanisms to ensure the continuity of approvals already granted …

In addition, a new Article inserted in Regulation 549/2004 (=SES): “When implementing SES Member States & Commission … shall coordinate with EASA to ensure that all safety aspects are properly addressed”.

Extension to ATM – BR provisions on ATCO licensing

Article 8c – Air traffic controllers 1. Air traffic controllers + persons & organisations involved in

training, testing, checking or medical assessment … shall comply with essential requirements in Annex Vb ...

2. ATCO’s shall be required 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 for assessing ATCO’s

skill shall hold a certificate. 11. Measures (IR’s) … shall initially be developed on the basis of

the provisions of Directive 2006/23 on a Community ATCO licence.

Extension to ATM – BR provisions on airspace users

Article 8 – The operation of aircraft shall comply with the ER’s in Annex IV and, if applicable, Annex Vb

Article 9 – Aircraft (3rd country operations), their crew

and their operations, shall comply with applicable ICAO Standards. To the extent that there are no such standards, these aircraft and their operations shall comply with Annexes I, III, IV and, if applicable, Annex Vb

Air operators covered by the amended BR shall comply with ATM ER’s on Use of the airspace (Annex Vb 1) and related IR’s; Rules of the Air & equipage rules

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Continuous Rulemaking Programme

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Link with performance scheme

SES II Performance Scheme

Airworthiness

Aircraft Operations

Aerodromes

EASP

EASA System

Environment

Cost-efficiency Capacity

ANS Safety

Proposed

Performance

Scheme

Extension to ATM – BR provisions on EASA oversight

Article 22b – ATM/ANS certification With regard to ATM/ANS the Agency shall : (b) issue & renew certificates of organisations located outside

the territory of Treaty, responsible for providing services in MS’s;

(ba) issue & renew certificates of organisations providing pan-

European services; Article 22c – Air Traffic Controller Certification (b) issue & renew the certificates of ATCO training organisations

located outside the territory of the Member States …

EASA Oversight Activities

Oversight of 3rd country training organisations is being performed in accordance with Regulation 805/2011;

On-going support of the Commission in the oversight of the Network Manager;

The French Authority is cooperating with EASA to ensure smooth takeover of EGNOS oversight (November 2012);

EASA has received application(s) for pan-European service providers and relevant certification activities has been already launched.

EASA Standardisation Activities

In 2012 EASA formally took the responsibility to carry out ATM/ANS standardisation;

During the transition period 2010-2011 EASA made best use of EUROCONTROL ESIMS audit results and experience;

EASA closely cooperated with the ICAO Universal Safety Oversight Assessment Programme (USOAP). and thus avoiding duplication of activities;

13 visits planed for 2012;

inspections will also involve observers and trainees from EUROCONTROL and from Member States.

ATM rulemaking

EASA RMP 2013-16 in RAG/SSCC consultation

ATM Standardisation

visits

&

EASA oversight

feedback loops

European

Aviation

Safety

Programme

safety actions

AIBs

safety

recommendations

Towards (more) risk-based rulemaking …

Thank you for your attention!

Questions?