Title: Rulemaking by EASA: A combined need for uniform regulations and sufficient flexibility
1Rulemaking by EASAA combined need for uniform
regulations and sufficient flexibility
2The past
JAA
ICAO
EUROCONTROL
27
20
15
10
5
Member State 1
4
3
27 different legal procedures for transposition
27 different results
3The 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
4ERs
Legislator
Binding
EC
IR
CS
Agency
AMC
Non-Binding
GM
5The 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
6The 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
7The EASA regulatory system
- Alternative means of compliance
Compliant Rulemaking process
EASA evaluates alternative AMC
Not compliant Competent Authority is
notified
8The 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!
9- Thank you
- for your attention