It was decided in April 2008 to extend EASA’s scope of competence in order to encompass the requirements of Air Operation & Flight Crew Licensing and Air Traffic Management, Air Navigation Services & Aerodromes.
EASA has adopted a term called the “Total System Approach” which is based on the fact that the aviation system components – products, operators, crews, aerodromes, Air Traffic Management, Air Navigation Systems, on the ground or in the air are part of a single network.
EASA has so far published Regulation on Air Operations in several documents: Implementing Rules (published in the Official Journal of the European Union as Commission Regulation and subsequent amending regulations) and associated Acceptable Means of Compliance (AMC), Guidance Material (GM) and Certification Specifications (published on the Agency website as Decisions).
EASA issued COMMISSION REGULATION (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council. (It covers commercial air transport operations with aeroplanes and helicopters.)
This regulation was amended by COMMISSION REGULATION (EU) No 800/2013 of 14 August 2013. (It covers non-commercial operations with aeroplanes, helicopters, balloons and sailplanes)
Deferment of Implementation
The regulation permitted transitional measures in the form of an “opt –out” which provided EASA Member States with the flexibility to postpone the applicability of the new Regulation (depending on the specific purpose of the regulation. Deferment is from 28 October 2014 to 25 August 2016.
Whilst an opt out is permitted there is an obligation on the applicable member state to communicate with the EU Commission and EASA regarding the reasons for the European Commission and the Agency of the ‘opt-out’, together with details regarding the proposed programme for implementation.
Permitted Periods of Deferment
Articles 10.2 and 10.3 of the Cover Regulation allow for a general opt-out as follows:
from Annexes I to V to commercial air operations until 28 October 2014;
from Annex III to non-commercial operations with complex motor-powered aeroplanes and helicopters until 25 August 2016;
and from Annexes V, VI and VII to non-commercial operations with aeroplanes, helicopters, sailplanes and balloons until 25 August 2016.
Until expiry of the opt-out, the existing status quo remains valid with EU-OPS and national rules implementing JAR-OPS 3 continuing to remain in force.
The new Regulation on Air Operations will in the future be amended to include provisions for commercial air transport operations with sailplanes and balloons and for specialised operations (e.g. aerial work). Further information is available here.
Sofema Aviation Services www.sassofia.com offers regulatory training to cover all elements of EASA Part operations, please see the web site or email office@sassofia.com for additional questions regarding availability.
Tags:
Aerodromes, Air Traffic Management, COMMISSION REGULATION (EU) No 800/2013, EASA, Part OPS, Regulation on Air Operations, Total System Approach
