Explanatory Memorandum to COM(2008)390 - Amendment of Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2008)390 - Amendment of Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services. |
|---|---|
| source | COM(2008)390  |
| date | 25-06-2008 |
The European Aviation Safety Agency was set up by Regulation (EC) No 1592/2002 i which entered into force in September 2002. The original Regulation assigned the Agency tasks in two areas – airworthiness and environmental certification of aeronautical products, parts and appliances, which, together with the organisations responsible for their design, manufacture and maintenance, now have to comply with uniform binding rules adopted by the Commission i.
The Agency provides the Commission with all the technical expertise it requires and assists it, inter alia , with exercising its legislative and regulatory tasks. The Agency is also setting up a system to monitor application of Community legislation, evaluate its effects and make useful suggestions. Certificates and approvals attesting that products and organisations comply with the common rules are issued either by the EASA or by the competent national authorities: the EASA carries out type-certification of products and issues certificates for organisations located in third countries; the national authorities issue individual certificates and approvals for most organisations located on their territory, on the basis of common rules and under the Agency’s supervision.
Regulation (EC) No 216/2008 i extended the EASA’s tasks to air operations, pilots’ licences and, within the limits set by the Chicago Convention, the safety of third-country aircraft. They include standardisation inspections and safety oversight, with particular responsibility for ramp inspections.
Contents
- 2. CURRENT CHALLENGES
- 3. OPINION OF THE EUROPEAN AVIATION SAFETY AGENCY AND CONSULTATION OF INTERESTED PARTIES
- 4. IMPACT STUDY
- E Extend the EASA competences and include additional competences beyond the scope of option B
- 5. PROPOSAL FOR A REGULATION
- 5.1. Instrument and method
- 5.2. Content
- 5.2.2. Extension of the scope of the Regulation
- 5.2.2.1. Aerodromes
- 5.2.2.2 ATM/ANS
- 5.2.3. Other amendments to the Regulation
- 6. Correlation table showing the new and former numbering of the articles and the amendments made to Regulation (EC) No 216/2008
- 8a New Aerodromes
- 8b New ATM and ANS
- 8c New Air traffic controllers
- 8d New Accredited bodies
- 22a New Aerodrome operator certification
- 22b New ATM/ANS
- 22c New Air traffic controller certification
- 22d New Accredited bodies
- 65a New Amemdments
- 7. SUBSIDIARITY AND PROPORTIONALITY
- 8. EVALUATION
The Commission has always endeavoured to ensure that establishment of the internal market in air transport is flanked by development of common safety rules to ensure high, uniform standards in every Member State.
The current excellent safety levels need to be maintained and even improved to mitigate the safety risks posed by growing traffic and congestion. It is also important to integrate the safety aspects into the Single European Sky initiative, in order to ensure that the defragmentation of the sky will have no negative impact on accident rates.
The next step in this direction should be to extend the competences of the Agency to aerodromes, air traffic management and air navigation services (ATM/ANS).
Before doing this, the Commission was first required, under Article 19 of Regulation (EC) No 216/2008, to obtain the opinion of the EASA. The Agency in turn, in accordance with its rules of procedure i and international practice in this area, had to carry out extensive consultations of all the interested parties and take their comments into account before giving an opinion. It therefore published two separate notices of proposed amendments, one for aerodromes and one for ATM/ANS. A total of more than 3 500 comments were received.
On the basis of these comments, the Agency examined the issues. On 6 December 2007 it sent the Commission an opinion concerning aerodromes. Its opinion on air traffic management and air navigation services followed on 15 April 2008.
A strong broad consensus emerged from the consultations in favour of completing the process initiated in 2002 by adding the safety aspects of aerodromes and ATM/ANS to the tasks entrusted to the EASA, thus making it the watchdog for European aviation safety regulation. The need to build an effective interface with developments on the Single European Sky was also underlined.
This proposal for a Regulation was preceded by an impact assessment carried out by the Commission. The impact assessment was based on the results of the preliminary impact assessment launched by the Commission in 2005 and drafted by an independent consultant and on the regulatory impact assessment (RIA) by the EASA. The impact assessment examined several options:
A “Do nothing”;
B Extend the EASA competences;
C Extend the scope of the existing arrangement to issue mandates to Eurocontrol;
D Establish a new Agency;
All these options were measured against the “do nothing” option as the benchmark for analysing their safety, economic, environmental, social and other impact. Comparison of their impact very clearly indicated that the preferred option is to extend the EASA’s remit to include regulatory responsibility for aerodromes and ATM/ANS matters. This option was found to have no adverse impact in the above-mentioned fields.
The endorsement of the Impact Assessment Board was received on 23 April 2008.
Extending the scope of Regulation (EC) No 216/2008 is the most appropriate means of extending the common rules to cover the safety of aerodromes, air traffic management (ATM) and air navigation services (ANS) too, because the EASA will also be given new tasks in these areas, notably over rulemaking, standardisation inspection and, albeit to a limited extent, certification.
As regards aerodrome safety, the intention is to ensure that the essential requirements and related implementing rules for aerodromes, aerodrome equipment, organisations, operations and personnel are based on the relevant ICAO standards. Furthermore, in the case of aerodrome equipment, procedures and requirements will be added to avoid duplicating existing rules, be they in a “New Approach” Directive or 'Single European Sky'(SES) implementing rules. Finally, use will be made, as appropriate, of standards issued by recognised standardisation bodies, such as the ISO, CEN, CENELEC, ETSI or EUROCAE.
As far as ATM/ANS are concerned, it will be necessary to coordinate the essential requirements and the implementing rules properly with the SES regulations and the related implementing rules. The objective is to ensure that the future EASA implementing rules will be based on the existing SES provisions, in particular the transposed ESARRs. To this end, transitional mechanisms will be designed to provide for the continuity of approvals already granted under the SES rules.
5.2.1. Amendments to the Agency’s opinion
The Agency’s two opinions were broadly followed. Obviously, on some points they offer a range of possible ways to achieve the safety objectives. In selecting between these options, the Commission has followed the principles of good governance in order to make the best use of the available resources, subsidiarity and proportionality.
The scope of common action is specified in Regulation 216/2008. Any extension of the Regulation must clearly state which infrastructure, products, systems, equipment, services, persons or organisations are affected and, consequently, will be subject to the requirements laid down by the Regulation and, as appropriate, to the rules adopted to implement it. Conversely, any of the above not covered by community competences will remain under the responsibility of Member States which will have to take appropriate measures to provide the level of protection expected by their citizens.
To improve safety notably in aerodromes and in their surrounding, the proposed Regulation would extend the common rules to aerodromes. The main points are:
- All aerodromes open to the public which can serve IFR traffic or aircraft above a certain weight must be subject to Community legislation.
- Dedicated common essential requirements (ERs) covering physical characteristics, infrastructure, aerodrome equipment, operations, management and mitigation of hazards in the immediate vicinity of aerodromes must be introduced as an additional Annex to the basic Regulation.
- Aerodrome owners, aerodrome operators, organisations or personnel providing services or equipment which can affect the safety of aerodrome operations would be responsible for implementation of these essential requirements under the supervision of Member States.
- Aerodrome operators would adopt and implement management systems, including the safety aspects.
- Draft implementing rules and certification specifications, safety analyses and standardisation inspections would be amongst the tasks of the Agency.
- The Commission would be given powers to adopt implementing rules defining the detailed requirements with which the above-mentioned organisations and persons would have to comply and the applicable certification processes.
- Such implementing rules would be proportionate to the level of complexity of the aerodrome, taking into account the nature and volume of its activity; they should be consistent with the relevant ICAO SARPs.
- Powers shall be given to the Agency to adopt certification specifications to be used in the certification process, which would provide for flexible implementation of the ERs and a uniform level of safety.
- Aerodrome design and operations would be certificated separately, but a single certificate may be issued if the aerodrome owner and operator are the same person.
- Operators of multiple aerodromes which have established appropriate central operations may request a single certificate covering operations and management at all aerodromes under their responsibility.
- While verification of compliance of aerodrome equipment would be part of the certification of the aerodrome design or operator, depending on the intended use, safety-critical equipment may be subject to dedicated certification schemes, possibly involving demonstration of the capability of the designer and manufacturer, if so specified by the implementing rules, after proper assessment of the safety and economic benefits of doing so.
The proposed Regulation should provide the legal basis for ensuring that the safety of air traffic management, of air navigation services and of air/ground interoperability is organised under the aegis of the EASA system. In order to do so, the proposal is that:
- All the airspace to which the Treaty applies, along with any other airspace where Regulation (EC) No 551/2004 applies, would be subject to Community legislation.
- Dedicated common essential requirements (ERs) mitigating all safety hazards relating to use of airspace should be introduced as an additional Annex to the basic Regulation.
- Use of any block of airspace would be governed by a operational concept designed to mitigate the risks of collision both between aircraft and between aircraft and the ground.
- Airspace users would comply with the rules issued to implement the operational concepts applicable in the airspace in which they operate and make use of the services responsible for use of that airspace.
- Organisations and personnel involved in provision of ATM/ANS would be responsible for implementation of the applicable essential requirements.
- Air traffic controllers and organisations involved in their training would be subject to certification.
- Systems and constituents used for provision of ATM/ANS would have to comply with appropriate safety requirements when called for by their criticality.
- The Commission would be given powers to adopt implementing rules defining the detailed requirements with which the above-mentioned organisations, personnel and systems and constituents would have to comply and the applicable certification processes, when relevant.
- Such implementing rules would be proportionate to the level of complexity of the regulated activity or of the criticality of the system and constituent concerned; they would be based on the existing SES provisions, in particular the transposed ESARRs. To this end, transitional mechanisms would be designed to provide for the continuity of approvals already granted under the SES rules.
- Oversight of compliance of organisations with the essential requirements and the related implementing rules would be done by the competent authorities of Member States, except for the oversight of organisation located in third countries or providing services in the airspace of more than three Member States, which would be done by the Agency.
- Draft implementing rules and certification specifications, safety analyses and standardisation inspections of national competent authorities would be amongst the tasks of the Agency.
- ATM/ANS providers would adopt and implement management systems including the safety aspects and would be certified, except those providing only flight information or aerodrome apron management services, which would only declare their capability.
- While verification of compliance of systems and constituents would be part of the certification of the ATM/ANS providers, safety-critical equipment may be subject to dedicated certification schemes, possibly involving demonstration of the capability of the designer and manufacturer, if so specified by the implementing rules, after proper assessment of the safety and economic benefits of doing so.
In addition to the new articles concerning aerodromes, ATM and ANS and the related annexes, some articles had to be amended in order to take due account of the new tasks.
6. Correlation table showing the new and former numbering of the articles and the amendments made to Regulation (EC) No 216/2008
New number Former number Changes
Scope extended to cover aerodromes and ATM/ANS
Unchanged
Addition of new definitions and amendment of some definitions
Paragraph 3 amended
Paragraphs 2(b) and (c) amended
Unchanged
Paragraph 4 amended
Paragraphs 1, 5(a), 5(g) and 6 amended
Paragraphs 1 and 5 amended
Paragraph 1 amended
Paragraph 4 amended and paragraphs 5(a) and 5(b) added
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Paragraphs (c) and (d) amended
Paragraph 2(a) amended
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Paragraph 2(c) amended
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Paragraph 1 amended
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Paragraph 2 amended
Unchanged
Paragraphs 1 and 2 amended
Unchanged
Unchanged
Paragraph 1 amended
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Annex I Annex I Unchanged
Annex II Annex II Unchanged
Annex III Annex III Unchanged
Annex IV Annex IV Unchanged
Annex V Annex V Title amended
Annex Va New Essential requirements for aerodromes
Annex Vb New Essential requirements for air traffic management and air navigation services
Member States have already agreed that action at Community level is the only way to attain a high, uniform level of safety.
Regulation (EC) No 1592/2002 and Regulation (EC) No 216/2008 therefore gradually transferred to the Community some competences of the Member States.
There is a need for Community action to attain the objective of establishment and uniform application of common rules for aerodromes, air traffic management and air navigation services. This proposal for a Regulation does not go beyond what is necessary to achieve this. That is why, for example, its scope is limited to aerodromes open to public use, which can serve IFR traffic or aircraft above a certain weight.
Moreover, this Regulation does not imply that the EASA will carry out or provide services. It will only shift responsibilities, limited mainly to rulemaking and standardisation inspection, while responsibility for operational activities will remain with Member States. It therefore complies with the principles of subsidiarity and proportionality provided for in Article 5 of the Treaty establishing the European Community.
The measures introduced by this Regulation and its implementing rules are to be evaluated in accordance with Article 62 of Regulation (EC) No 216/2008.