Sofema Aviation Services (SAS) Considers ANAC – EASA Relationship in Detail
Introduction – The cooperation between these two entities is governed by a Bilateral Aviation Safety Agreement (BASA), which functions as the legal treaty, and the Technical Implementation Procedures (TIP), which serve as the technical “operating manual” for that treaty.
The Core Agreement: EASA-ANAC BASA
Signed: July 2011 (Entered into force later) Parties: The European Union (represented by EASA) and Brazil (represented by ANAC – Agência Nacional de Aviação Civil).
The BASA is a treaty-level agreement designed to eliminate the duplication of oversight and testing. Before this agreement, if a Brazilian manufacturer (like Embraer) wanted to sell a plane in Europe, EASA would effectively have to “re-certify” the aircraft from scratch, repeating many of the tests ANAC had already done. The BASA establishes a framework of mutual trust, where one authority accepts the findings of the other.
Key Objectives:
- Reciprocal Acceptance: To allow the EU to accept ANAC certifications and vice versa.
- Safety Harmonization: To align safety standards so they are effectively equivalent.
- Cost & Time Reduction: To reduce the regulatory burden on manufacturers (Airbus, Embraer, ATR, etc.) and operators.
The TIP: Technical Implementation Procedures
While the BASA says “we agree to cooperate,” the TIP explains how that cooperation happens day-to-day. It is a living document, revised periodically (e.g., Revision 5) to reflect new standards.
The TIP specifically covers Airworthiness and Environmental Certification. It defines how the two authorities validate each other’s products (aircraft, engines, propellers, and parts).
Key Concepts in the TIP
To understand the TIP, you must understand the two primary roles defined in any validation project:
- Certificating Authority (CA): The authority of the country where the design originates (e.g., ANAC for an Embraer E190). The CA is responsible for the primary oversight.
- Validating Authority (VA): The authority of the importing country (e.g., EASA for that same Embraer E190). The VA’s job is to check the CA’s work, not redo it.
The Validation Process (The “Risk-Based” Approach)
The TIP moves away from “comprehensive review” (checking everything) to “risk-based validation.” The level of EASA’s involvement in an ANAC product (or vice versa) depends on the complexity:
- Automatic Acceptance (No Technical Validation):
- For simple products or minor changes (e.g., simple Supplemental Type Certificates (STCs), certain repair data, or standard parts), the VA accepts the CA’s certificate without looking at the technical data.
- Example: If ANAC approves a simple interior repair on a Brazilian aircraft, EASA accepts it automatically.
- Streamlined Validation:
- For complex products (like a new aircraft Type Certificate), the VA is involved but focuses only on Critical Areas.
- The VA does not re-test the whole plane. They only review areas where their regulations differ significantly (e.g., specific EASA environmental rules) or where the technology is novel/unusual.
Scope of the TIP
The TIP covers the following lifecycle stages:
- Design Approval: Type Certificates (TC) and Supplemental Type Certificates (STC).
- Production Approval: Ensuring that the factory (e.g., in São José dos Campos or Toulouse) produces parts that match the approved design.
- Export Certificates of Airworthiness: The document needed to move an individual aircraft from the Brazilian registry to a European registry.
- Post-Design (Continued Airworthiness): Handling Airworthiness Directives (ADs). If ANAC issues an AD for safety, EASA typically adopts it immediately.
The “MAG”: The Maintenance Counterpart
While the TIP focuses on Design and Manufacturing, there is a parallel document often referenced alongside it called the Maintenance Annex Guidance (MAG).
- Purpose: It allows Maintenance Organizations (MROs) to work on aircraft from the other jurisdiction.
- Impact: A Brazilian repair station (Part-145 approved by ANAC) can maintain European registered aircraft without needing a full, separate EASA certification audit. They just need to follow the “Special Conditions” outlined in the MAG.
Summary
BASA (The Treaty) – Bilateral Aviation Safety Agreement – Political & Legal Framework – Mutual recognition of systems (“We trust your system”) Static (Hard to change)
TIP (The Manual) Technical Implementation Procedures – Technical & Operational Guidance – Procedures for Engineers/Inspectors (“Here is how we validate your Type Certificate”) Dynamic (Revised frequently, e.g., Rev 5)
This framework is critical for the Brazil-EU aerospace relationship, which is one of the most active in the world due to Embraer (Brazil) and Airbus/ATR (Europe).
- For Embraer: It allows them to deliver jets to European airlines (like KLM, Lufthansa, Air France) much faster.
- For Airbus/Helicopters: It simplifies the entry of European helicopters and jets into the vast Brazilian general aviation market.
- For Operators: It ensures that parts and repairs can be sourced cross-continentally without legal hurdles.
EASA-ANAC TIP Discussion
The EASA-ANAC TIP Revision 5 (which entered into force in January 2025) is the current standard. It heavily relies on the concepts of Validation Items (VI) and Significant Standards Differences (SSD) to determine when EASA needs to “check the work” of ANAC (and vice versa) versus when they can just trust it.
Significant Standards Differences (SSD)
Definition: An SSD occurs when the Validating Authority (e.g., EASA) has a specific regulation that has no equivalent or is substantially more stringent than the regulation in the Certificating Authority’s (e.g., ANAC) code.
Note – Even though aviation rules are 90-95% harmonized, they are not identical. European and Brazilian laws evolve at different speeds.
- Example: If EASA implements a new rule about “Ice Crystal Icing” in engines on Jan 1st, and ANAC hasn’t adopted that rule yet, this creates a Standard Difference.
The Impact: If an SSD exists, the manufacturer (e.g., Embraer) cannot just say “We met ANAC’s rules.” They must additionally prove to EASA that they meet this specific extra European rule. This often requires extra testing or analysis that wasn’t needed for the Brazilian certification.
Common SSD Examples:
- Supercooled Large Droplet (SLD) Icing: EASA often has stricter or different definitions for icing conditions than other authorities in specific historical contexts.
- Cabin Flammability: Rules regarding fire blocking materials in seats sometimes differ in implementation dates.
Validation Items (VI)
Definition: A Validation Item is a specific technical subject on a given project where the Validating Authority (EASA) decides to retain its involvement rather than delegating it to ANAC.
The “Filter” Concept: Think of the validation process as a filter.
- Total Aircraft Design: 10,000s of technical points.
- Automatic Acceptance: 9,900 points are accepted without review (EASA trusts ANAC’s checking of the landing gear structure, the windows, the wiring, etc.).
- Validation Items: The remaining 100 points where EASA says, “We need to look at these specific things ourselves.”
What triggers a Validation Item? According to the TIP, a VI is triggered by one of three things:
- An SSD: As discussed above (The rules are different).
- New/Novel Features: The aircraft uses technology EASA hasn’t seen before (e.g., a new lithium battery containment system).
- Sensitive Safety Issues: Areas where there have been recent accidents or service difficulties (e.g., if a similar plane recently crashed due to a rudder issue, EASA will likely make the rudder a “Validation Item” to double-check it, even if the rules are identical).
Comparison: The Difference Between SSD and VI
Significant Standards Difference (SSD) – A gap in the written laws (Regulations) – The Rulebook (CS-25 vs. RBAC 25) An SSD causes a Validation Item. “EASA requires test X, ANAC does not.”
Validation Item (VI) – An action item on the project work plan – The Specific Project (Embraer E2, Airbus A320) – A VI is the result of an SSD (or novelty). “EASA Engineer Hans will review the test report for X.”
The “Risk-Based” Process (TIP Revision 5)
The new TIP (Revision 5) uses a “Level of Involvement” (LoI) approach. The goal is to have Zero VIs for simple projects.
- Application: Embraer applies to certify a jet in Europe.
- Classification: EASA looks at the project.
- Is it Basic? (No SSDs, no new tech). Result: 100% Automatic Acceptance. EASA issues the certificate without looking at data.
- Is it Non-Basic? (Contains SSDs or new tech). Result: EASA creates a Validation Work Plan (VWP).
- The VWP: This document lists the specific Validation Items. EASA will only review data related to these items. Everything else is accepted from ANAC.
Summary Example: The “Embraer vs. EASA” Scenario
Imagine Embraer is certifying a new business jet (the Phenom 300E equivalent).
- ANAC (CA): Tests the whole plane.
- EASA (VA): Reviews the laws and finds one SSD: EASA has a stricter rule on “Steep Approach Landing” noise.
- Result: EASA trusts ANAC for the wings, engine mounts, and avionics. But EASA creates one Validation Item for “Steep Approach Noise.”
- Action: Embraer must send the noise data specifically to EASA for approval. Once that VI is closed, EASA issues the Type Certificate.
Next Steps
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Tags:
EASA, Bilateral Aviation Safety Agreement (BASA), Maintenance Annex Guidance (MAG), ANAC, TIP (Technical Implementation Procedures), Certificating Authority (CA), Validating Authority (VA), Significant Standards Differences (SSD)
