Part-ORA Part-ARA Rulemaking tasks FCL.008 and FCL.014

Transcription

1 Part-ORA Part-ARA Rulemaking tasks FCL.008 and FCL.014 General Aviation seminar 17th November 2012, Gardermoen Helena Pietilä / EASA Rulemaking - FCL Your safety is our mission.

2 Today's Agenda General Part-ORA Subparts GEN and ATO Short introduction to Part-ARA Subparts GEN, FCL and ATO Latest news on Rulemaking tasks FCL.008 and FCL.014

3 Before we start. BR Basic Regulation 216/2008 ER Essential Requirements IR Implementing Rule AMC Acceptable Means of Compliance GM Guidance Material

4 Before we start. ORA Organisational Requirements Aircrew ARA Authority Requirements Aircrew S - Sailplanes B - Balloons As - Airships Pl Powered-lift aircrafts

5 The EASA Rulemaking Process Rulemaking Programme Initiation Drafting Consultation Review of Comments CRD Executive Director Decision Publication Agency Opinion

6 Rule Structure Basic Regulation Airworthiness Flight Standards ATM/ANS Aeordromes Regulation Initial airworthiness Regulation Air crew Regulation ATCO Regulation ADR Regulation Continuing airworthiness Regulation Air operations Regulation SERA Regulation TCO Regulation AUR Regulation ATM/ANS Systems

7 Regulation Air Crew Commission Regulation (EC) 1178/2011 published in November 2011 Basic Regulation Regulation Air Crew Annex I Part-FCL Annex II Conversion of national licences Annex III Licences of non-eu states Annex IV Part-MED Annex V Part-CC Annex VI Part-ARA Annex VII Part-ORA Commission Regulation (EC) 290/2012 published as amending regulation April 2012

8 Part-ORA General Aviation seminar 17th November 2012, Gardermoen Helena Pietilä / EASA Rulemaking - FCL Your safety is our mission.

9 Applicability Cover Regulations contains the provisions for transition to the new system The Regulation Air Crew is applicable as from 8 April 2012

10 Horizontal opt-out By way of derogation a Member State may decide not to apply the provisions until 8 April 2013 So: Implementation on 8 April 2013 at the latest But: In addition several other opt-outs

11 Other Opt-outs By 8 th April 2014 ATOs shall have adapted their management systems, training programmes, procedures and manuals to be compliant with Part-ORA By 8 th April 2015 Part-ORA and Part-ARA shall apply to training organisations providing training only for the LAPL, PPL, BPL or SPL licences

12 Part-ORA Subpart GEN Contains the general provisions that are applicable to all approved organisations Section I: General Section II: Management

13 Part-ORA Subpart ATO Contains specific requirements related to Approved Training Organisations Section I: General Section II: Additional requirements for ATOs providing training for CPL, MPL, ATPL & associated ratings and certificates Section III: Additional requirements for ATOs providing specific types of training

14 General ORs for ATOs - HIGHLIGHTS ORA.GEN.105 Competent authority Organisations in Member States => authority designated by the Member State Organisations in third countries => the Agency

15 General ARs for ATOs - HIGHLIGHTS ORA.GEN.115 Application for organisation certificate competent authority develops the procedures to apply organisation provides documentation how requirements are complied incl. procedure how changes not requiring prior approval will be managed and notified

16 General ARs for ATOs - HIGHLIGHTS ORA.GEN.130 Changes requiring prior approval: changes to the scope of certificate changes to the terms of approval (list of training courses and FSTDs used) changes in the organisation s management: lines of responsibility and accountability changes in the safety policy additional changes as agreed upon initial certification (procedure)

17 General ARs for ATOs - HIGHLIGHTS Continued validity and granting access no expiry date in the certificate organisation needs to remain in compliance with the relevant regulation authority having access to determine the continued compliance any facility, aircraft, document, records, data, procedures, other relevant material organisation shall identify the root cause of possible finding, define action plan and demonstrate corrective action

18 General ARs for ATOs - HIGHLIGHTS ORA.GEN.200 Management system The organisation shall establish, implement and maintain a management system

19 Safety Management System A safety management system is a series of defined, organisation-wide processes that provide for effective risk-based decision-making related to the organisation s daily business Globally speaking, SMS focuses on maximizing opportunities to continuously improve the overall safety of the aviation system

20 Organisation Requirements & SMS ORs do not explicitly refer to SMS. Section II of Part-ORA Subpart GEN deals with management system ORA.GEN.200 and related AMCs/GM set out what is needed in terms of management system. These, together with the relevant provisions of the Basic Regulation, provide for compliance with the relevant ICAO SARPS on SMS

21 Integrated approach SMS should not be implemented through an additional management system requirement superimposed onto the existing rules, but be fully integrated in the organisation s existing management system. Safety management should include every facet of management that may impact aviation safety (financial, operational, health and safety, etc ). Safety, as well as compliance with rules, should be a concern for all personnel and for all activities of an organisation.

22 Proportionality The management system shall correspond to the size of the organisation and the complexity of its activities, taking into account the hazards and associated risks inherent in these activities. (see also ICAO Annex 6 Appendix 7) How is this achieved? different sets of AMCs for complex and non-complex organisations details of SMS implementation are contained as AMC

23 Proportionality Definition of organisational complexity - three criteria (AMC1 ORA.GEN.200(b)) size, in terms of staffing (>20 FTEs) complexity of the activities number of operating sites, number and type of contractors,.. risks involved type of operations, e.g. specialised operations (helicopter hoist) different types of aircraft operating environment (mountainous areas, offshore,..)

24 Flexibility Organisations may use means alternative to those established in the AMC issued by the Agency: alternative means of compliance organisations need to apply to their competent authority and demonstrate that an equivalent level of safety can be reached (risk assessment) they may use alternative means of compliance only after approved by the competent authority NOTE: authorities will notify the Agency of the alternative means they have approved

25 Management system in a nutshell 1) clearly defined lines of responsibility and accountability 2) philosophy and principles -> safety policy 3) aviation safety hazards -> identification, evaluation and the management of associated risks -> actions to mitigate the risk and verify their effectiveness

26 Management system in a nutshell 4) maintaining personnel trained and competent 5) documentation of all management system key processes 6) function to monitor compliance of the organisation, including a feedback system 7) any additional requirements

27 What this means to non complex ATO?

28 Accountable Manager Responsibilities: organisation s actions can be financed actions can be carried out in accordance with the regulations effective management system is established and maintained

29 Management system Non-complex organisations Safety risk management hazard checklist risks related to change internal occurrence reporting training and communication

30 Management system Non-complex organisations Safety manager can be also Accountable Manager coordination of SMS organisations responsibilities shall be identified in relation to hazard identification, risk assessment and mitigation

31 Internal occurrence reporting scheme one element of the hazard identification process to identify instances where routine procedures have failed assessment of safety implications to determine need for action dissemination of information regarding relevant incidents and accidents reactive evaluation of effectiveness of risk controls all reports to be retained, as significance may only become obvious at a later stage improved the safety performance without attributing blame GM1 ORA.GEN.200(a)(3)

32 Management system Non-complex organisations Documentation scope of activities persons and responsibilities general description procedures to comply with regulations procedures to amend documentation

33 Management system documentation The information may be contained in any of the organisation manuals safety management manual operations manual training manual These manuals may also be combined. It is not required to duplicate information in several manuals, however the organisation must be able to demonstrate that all items are covered GM1 ORA.GEN.200(a)(5)

34 Management system Non-complex organisations Safety policy commitment to safety, compliance to requirements, best practises, resources Emergency response plan (ERP) actions taken by organisation or by individuals transition from normal to emergency procedures return from emergency to normal procedures

35 Management system Non-complex organisations Compliance monitoring should monitor: privileges of the organisation, manuals, logs and records, training standards, management system procedures and manuals compliance monitoring manager CMM relevant documentation -> incl. audits, follow-up training of personnel

36 Compliance monitoring manager Accountable manager to designate a compliance monitoring manager (CMM) Functions of the CMM: verify that all applicable standards are complied with verify that the organisation s own requirements (policies and procedures) are complied with ensure that a compliance monitoring programme is implemented and continually reviewed & improved The same person may act as CMM and SMM Non-complex ATOs: AM can be the CMM AMC1 ORA.GEN.200(a)(6)

37 Compliance monitoring versus quality system ORA.GEN.200 requires a management system with two core components. These are compatible with quality management systems, such as ISO Safety performance Compliance monitoring and effective implementation of corrective actions Compliance Policies, objectives hazard identification and risk management

38 Thank you for your attention! Questions Comments? 38