Article by Jeremy Shebson and Luke Foord-Kelcey
We last reported on the proposals for the EASA ("the Agency") in BLG Aviation News Issue 8 (p5). After preliminary proposals as long ago as 1996, the adoption on 15 July 2002 of a European Parliament and Council Regulation ("the Regulation") finally opened the way to establish the Agency. The Agency is due to start operating from 28 September 2003. The Agency will provisionally be based within the Commission’s premises in Brussels pending a further decision of the European Council on its seat.
The new Community system of air safety and environmental regulation will be directed by this single civil aviation safety authority representing the entire region, with the legal authority to make decisions enforceable throughout the EU.
As a first step, the Regulation establishes only the basis for Community action in relation to the certification of aeronautical products and of organisations and personnel involved in their design, production or maintenance. However, the Commission, assisted by the Agency, will incrementally propose the necessary amendments of the Regulation to extend its scope to other areas of civil aviation safety; the next phase, estimated for around 2006, will give the Agency powers in relation to operator and personnel licensing.
The Agency will be given powers to perform certain executive tasks where collective action would be more effective than individual action by Member States, such as issuing type certificates for aeronautical products.
The Community seeks to associate as many European partners as possible with the system. The Regulation permits the association of all the countries linked to the Community by agreements under which they adopt and apply Community legislation in the air transport area. This includes Norway, Iceland and, soon, Switzerland, and EU accession candidates.
In the hope that decisions on safety issues are free from political interference, decision-making power will be in the hands of a neutral and independent body. The safety decisions of the Agency will be taken by its Executive Director, under the control of an independent appeal body monitoring whether the Director has correctly applied the regulation and rules taken by the Commission for its implementation. The Executive Director is to be appointed by the agency’s Management Board and applications for the post have been invited. The Management Board, composed of representatives of the Member States and the Commission, is responsible - under the Commission’s control - for the definition of priorities, the establishment of the budget and for the monitoring of the Agency’s operation.
The aim of the common system is to facilitate all safety related activities of the aeronautical industry in Europe. Soon, a manufacturer will be required to meet a single standard in order to place its products across the entire European market. Further, access to markets external to the EU will be simplified by the conclusion of agreements enabling the harmonisation and mutual recognition of certificates. In relative terms, Europe’s accident rate is low. If the much-heralded aims of the Agency are achieved, that can only be excellent news for the aviation industry, which will watch for developments with more than passing interest.
The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.