Tag: Aviation

Aviation & Brexit 7

Generalities are all well and good.  In so far as they are constructive and positive they set a direction of travel.  This is pertinent to the words of the UK Government in respect of the future of aviation safety regulation.  If assurances are correct and negotiations are successful, then UK organisations should experience a gradual transition and not a sudden disruption after March 2019.

Unfortunately, there are some square pegs being presented to round holes.  Most of these are associated with the “red lines” that we are told are the policy for the UK Government.  Three are: regulatory autonomy, an end of European Court of Justice (ECJ) jurisdiction and an end to the free of movement of people.

Currently, there seems to be conflicting indications as to any flexibility on these positions.  If they are hard and fixed, then this means an end of participation in European Aviation Safety Agency (EASA).  However, that contradicts the statements from Transport Ministers that the UK wishes to remain an EASA Member State.  So, for civil aviation, will there be a rounding of the square peg?

My focus tends to be on the part of the aviation industry that does; development, design, manufacture, maintenance, repair, and overhaul.  In fact, airworthiness was the original remit for EASA back in 2003.  Since then, that remit has been progressively extended in a way that involves both EASA and the National Aviation Authorities (NAAs).

Today, EASA works on just about all aspects of aviation safety regulation, including; aircraft operations, the licencing of pilots, engineers and air traffic controllers, airports and even environmental noise and emissions.

A full hard Brexit would mean the all internationally required regulatory work would return to the UK.  To meet this the levels of activity, capabilities and resources of the UK CAA would need grow substantially.  This would be true even if the whole exercise was just to rubber stamp foreign certificates and host their auditors.

You might say what a waste of taxpayers’ money.  Maybe not so.  Both EASA and UK CAA work on a cost recovery basis for a large part of their annual funding.  Now, that’s the real rub.  To fund the newly acquired workload UK industry fees and charges would likely increase.  Because industry would continue to be active across Europe then it would then end up paying twice.  Not what the Brexit advocates promised; duplication of activities and costs but with no tangible benefits.

Given this scenario and considering corporate due diligence, international organisations will be looking at the costs, benefits, and risks.  So, what kind of contingencies are being considered?  For some organisations it will be to move their Principal Place of Business and approvals to an EASA Member State.  Defining the term: “Principal place of Business[1]” was one of the tasks taken up in the early days of EASA.  This is to ensure the correct Authority is identified before an application for organisational approval can be accepted and a valid approval issued.

Let’s hope that a firm agreement on continuity will mean this contingency is not needed.

[1] http://publicapps.caa.co.uk/modalapplication.aspx?appid=11&catid=1&id=7872&mode=detail&pagetype=65

 

 

Aviation & Brexit 6

Where are we now with Brexit?  This month, a couple of statements have been put in the public domain.  One of them is the European Commission’s publication: “Withdrawal of the United Kingdom and EU aviation safety rules” from 13 April 2018.  This European Union (EU) paper describes the situation with respect to the UK as a non-EU country without a new agreement in place.  However, it’s clear that public statements from industry, the Government and the UK Civil Aviation Authority (UK CAA) all indicate a desire of the UK to remain as a member of the European Aviation Safety Agency (EASA).  That wish will need to be implemented in some manner or form.

In the longer term, there’s some expectation that a Bilateral Aviation Safety Agreement (BASA) could be signed between the EU and the UK as a non-EU country.  This would be used to detail the cooperation between the EU and UK, including any mutual acceptance of certificates.

In the shorter term, it’s possible to imagine a Working Arrangement (WA) between EASA and the UK CAA that would address continuing technical matters.

Either way any new agreement is a matter for the EU and the UK Government.  It may or may not be in place during the much talked of implementation period after March 2019.

The UK is unlike other Countries in that it has been a founding member of both the Joint Aviation Authorities (JAA) and EASA but will be the first to plan to leave the EU.  Nevertheless, in the European aviation field the UK remains a member of intergovernmental bodies like; ECAC[1] and EUROCONTROL.

It is worth noting that the JAA Cyprus Arrangements ceased in 30 June 2009.  Other non-EU States that were part of the JAA had to find new working arrangements with EASA after that date.

Today, four non-EU European States are EASA Member States and have a seat on the EASA Management Board.  The Management Board is responsible for the definition of the Agency’s priorities, the establishment of the budget and for monitoring the Agency’s operation.

It is possible to imagine the UK becoming the fifth.

If this is not achieved, and no unique or emergency measure are in place then significant difficulties will arise.  On its website, the UK CAA[2] has made it clear that even for such an unlikely situation contingency plans are being made.

[1] https://www.ecac-ceac.org/

 

[2] https://www.caa.co.uk/Our-work/Newsroom/Hot-topics/

 

Aviation & Brexit 5

You might ask what’s a “Statutory Instrument”?  Well, in the United Kingdom they are a key form of delegated or secondary legislation.  That’s distinct from Primary legislation, which in the case of civil aviation is the Civil Aviation Act 1982[1].   Part III of the Civil Aviation Act 1982 calls for an Air Navigation Order (ANO).

The latest UK Air Navigation Order (ANO) 2016[2] is a Statutory Instrument.  The UK ANO forms the legal basis for many areas of civil aviation that are regulated at a national level.  In effect, it gives the UK Civil Aviation Authority (CAA) is powers and its responsibilities.

The UK ANO is amended from time to time to provide the links between European legislation and national legislation.  This Statutory Instrument needs to reflect the general details of the civil aviation regulatory framework that’s expected to work.

It’s well worth remembering that, unlike the USA, the European civil aviation system is not a federal system.  To work effectively, it needs the common European part and the national part to work together harmoniously.  That has been achieved with remarkable results.  It has been an achievement that has enabled great efficiency, a fertile environment for international commercial success and safety improvement.

Taking one example in the filed of aircraft airworthiness.  Today, “certification” is defined as meaning: any form of recognition that a product, part or appliance, organisation or person complies with the applicable requirements including the provisions of this Order (ANO) or the Basic EASA Regulation and its implementing rules, as well as the issue of any certificate attesting to such compliance.

If Brexit happens many choices are open to the legislator.  That’s the Government and Parliament in the UK.  One would be to maintain links to the Basic EASA Regulation.  Another would be to delete all references to the Basic EASA Regulation and reference an alternative new text.  Naturally, there are numerous combinations and permutations that can be imagined.  Whatever happens the resulting new Statutory Instrument(s) will need to comply with existing international obligation namely; the Chicago Convention.

Here I’ve described a great deal of detailed work and no doubt its sitting on someone’s desk.  Above I referred to “certification” but that’s just one aspect of a much wider range of aviation activities.  Clearly, its one where errors and omissions are likely to be costly to industry and ultimately the traveling public.  Normally, consultation and deliberations on significant legislative changes take place over many years.  Thus, it’s reasonable to be concerned about what might happen over the coming year.  Simple this is not.

[1] https://www.legislation.gov.uk/ukpga/1982/16/contents

 

[2] http://www.legislation.gov.uk/uksi/2016/765/contents/made

 

A European approch to Airworthiness

The JAA’s work began in 1970 (when it was known as the Joint Airworthiness Authorities).  Originally its tasks were to produce common certification codes for large aeroplanes and for engines.  This was to meet the needs of European Industry and particularly for products manufactured by international consortia.  From 1987, its work was extended to operations, maintenance, licensing and certification/design standards for all classes of aircraft.

The Joint Aviation Authorities (JAA) was an associated body of the European Civil Aviation Conference (ECAC) representing the civil aviation regulatory authorities of many European States who had agreed to co-operate in developing and implementing common safety regulatory standards and procedures.  This co-operation provided high and consistent standards of safety and a “level playing field” for competition in Europe.  Much emphasis was placed on harmonising regulations.

The JAA Membership was based on signing the “JAA Arrangements” document originally signed by Member States in Cyprus in 1990.  The objective was to ensure, through co-operation amongst Member States, that JAA members achieve a high, consistent level of aviation safety.  In addition to achieving a cost-effective safety system to contribute to an efficient civil aviation industry.

This situation changed in 2002 as a new regulatory framework was created for European aviation.  With the adoption of the Regulation (EC) No 1592/2002 by the European Parliament and the Council of the European Union (EU) the setup of the European Aviation Safety Agency (EASA) was given the green light.

The European Aviation Safety Agency (EASA), formally started its work on 28 September 2003, taking over the responsibility for regulating airworthiness and maintenance issues for the EU Member States.  EASA moved into its first headquarters in Cologne, Germany in November 2004.  At its early stages a roadmap was established to manage the transition from the JAA to the EASA system.

In November 2005, the EU Commission began the legislative process to amend EASA Regulation (EC) 1592/2002 to extend the competences of EASA into the fields of operations and licensing.

The ECAC Directors General decided to disband the JAA system from 30 June 2009 but to keep a JAA Training Organisation.  Thus, Europe established one harmonised set of regulations for airworthiness.  Those regulations continue to develop to take on the new challenges aviation faces.