Rulemaking by EASA: A combined need for uniform regulations and sufficient flexibility

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Rulemaking by EASAA combined need for uniform
regulations and sufficient flexibility

• Tallinn, 7 May 2009

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The past
JAA
ICAO
EUROCONTROL
27
20
15
10
5
Member State 1
4
3
27 different legal procedures for transposition
27 different results
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The EASA regulatory system

• The Parliament and the Council
• define the Scope of Powers transferred from the
  Member States to the Community.
• adopt the Essential Requirements specifying the
  objectives to be met
• The Commission
• adopts binding standards for implementing the
  essential requirements.
• The Agency
• adopts non binding standards for implementing the
  essential requirements

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ERs
Legislator
Binding
EC
IR
CS
Agency
AMC
Non-Binding
GM
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The EASA regulatory system

• As EASA implementing rules are binding in their
  entirety
• not minimum standards nor recommended practices
• Need to be less prescriptive to provide for
  flexibility
• Performance based rulemaking
• essential safety elements rule
• non-essential implementation aspects AMC
• AMC
• are not biding, but provide presumption of
  compliance with rule
• Alternative means of compliance may be used

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The EASA regulatory system

• Alternative means of compliance
• Instead of the AMCs published by EASA,
  alternative means may be used to establish
  compliance with the IRs

Step 3 Competent Authority notifies
organisation and Agency
Step 2 Competent Authority evaluates alternat
ive AMC
Step 1 Organisation provides the competent
authority with alternative means of compliance
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The EASA regulatory system

• Alternative means of compliance

Compliant Rulemaking process
EASA evaluates alternative AMC
Not compliant Competent Authority is
notified
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The EASA regulatory system

• The EASA system gives flexibility
• Its possibility to combine hard and soft law
  provides a good answer to the needs for
  subsidiarity and proportionality
• Allows for tailored solutions, adapted to the
  size and complexity of organisations, and to the
  level of risk involved in their activity
• One size does not fit all!

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• Thank you
• for your attention