Aviation Regulations Updates - Baines Simmons
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Regs Update - Aviation Regulations Updates

Aviation Regulations Updates

Regulatory Authorities

10/07/2020   EASA-EUROCONTROL Technical Coordination Office

Director General EUROCONTROL Eamonn Brennan and the European Union Aviation Safety Agency (EASA) Executive Director Patrick Ky together officially opened the joint EASA-EUROCONTROL Technical and Coordination Office (TeCO) at EUROCONTROL’s Brussels Headquarters. 

The Office is designed to improve the efficiency of the two organisations’ joint activities.   


27/01/2017   2017 CAAC-EASA Aviation Safety Conference

This year for the first time, EASA and the Civil Aviation Administration of China (CAAC) are organising the CAAC-EASA Aviation Safety Conference. The Agency says that aim of this first edition is to broaden the bilateral dialogue, by bringing together authorities and the wider European and Chinese aviation industry to discuss current issues, as well as future trends and challenges.

The conference will debate the benefits of international agreements and the role that industry and regulators can play in this process. They are planning various interactive workshops that will explore how new technologies and concepts like risk-based performance will shape future developments in fields such as airworthiness, maintenance, flight operations and training.

EASA and the CAAC invite representatives of the aviation industry and authorities of the EU and China to participate, although they do state that participation is subject to confirmation by the organisers!

If you would like more information, then it is available at the EU-China Aviation Partnership Project website.

19/12/2016   Alignment of Occurrence reporting

The specific objective of this NPA is to update the Basic Regulation and the related soft law in order to be aligned with the Occurrence reporting regulation (Regulation (EU) No 376/2014) as regards the reporting, analysis and follow-up of occurrences in civil aviation.

This NPA proposes changes to ensure that the Basic Regulation and associated soft law adequately reflect the specific obligations stemming from the Occurrence reporting regulation for Member States’ competent authorities, individuals, as well as organisations having their principal place of business in an EASA Member State. These obligations currently exist in parallel with the reporting obligations of the Basic Regulation. While all the aforementioned Regulations are overall deemed to be consistent with one another, in practice, there is potential for overlaps and ambiguities that need to be addressed.

The proposed changes are expected to:

  • increase legal certainty by clarifying the occurrence-reporting requirements within the scope of the Basic Regulation;
  • prepare the ground for standardisation inspections to monitor the implementation of the Occurrence reporting Regulation; and
  • support the implementation of effective occurrence-reporting systems by all stakeholders concerned.

These changes have the potential to have significant impact to existing reporting processes and the way organisations manage occurrence reporting. Baines Simmons has a wealth of experience in this area and will be engaging with industry to shape the outcome. For further information, please contact us here.

15/12/2016   Amendments on climate change, emissions and noise

As part of RMT.0513 & RMT.0514, EASA has published NPA 2017-01 addressing the environmental issues related to the CAEP/10 amendments and their implementation within the European regulatory system.

The ICAO Committee on Aviation Environmental Protection (CAEP) agreed in February 2016 on various amendments to ICAO Annex 16 ‘Environmental Protection’. This included general amendments to the existing Volume I ‘Aircraft Noise’ and Volume II ‘Engine emissions’ Standards and Recommended Practices (SARPs). The committee also agreed on two new standards: one on non-volatile particulate matter (nvPM) emissions to be included in Volume II, and an entirely new Volume III for aeroplane CO2 emissions.

The NPA proposes to transpose CAEP/10 amendments into Article 6 of the Basic Regulation, Part-21(Including the associated soft law), as well as into the EASA Certification Specifications for ‘Aircraft Engine Emissions and Fuel Venting’ (CS-34), ‘Aircraft Noise’ (CS-36) and ‘Aeroplane CO2 Emissions’ (CS-CO2).

EASA states that the objective of this NPA is to ensure alignment with ICAO provisions. EASA expects that the proposed changes will maintain a high uniform level of environmental protection as well as provide a level playing field for all actors in the aviation sector.

We recommend that those involved in Initial airworthiness and operators familiarise themselves with the content of this NPA and respond through the Agency’s CRT as appropriate.

25/08/2016   New UK Air Navigation Order (ANO) 2016

Following a significant level of consultation and review, the Air Navigation Order 2016 is revised to help simplify the General Aviation (GA) regulatory framework. The UK CAA informs us that it formalises many of the changes that have already been made and will help make the rules easier to understand. The CAA also states that it provides the foundation for a simpler and more proportionate approach to the regulation of many GA activities that fall under national (and not European) regulation. The structure has been substantially changed to help pilots (and others involved in the operation of non-EASA aircraft) find the information that they need more easily. Full details can be found here.

We advise all parties to fully familiarise themselves with the revised document.

27/11/2015   EASA proposes a range of updates to the Air Operations Regulation and its AMC and GM

EASA has issued a Notice of Proposed Amendment (NPA 2015-18) in 3 sections (sub-NPAs).

EASA states that the NPA addresses a safety and regulatory coordination issue related to air operations. The main objective is to ensure an efficient and proportionate set of IRs on air operations and to resolve any inconsistencies identified following the adoption of the air operations IRs. This is necessary to ensure that the EASA regulatory system includes state of the art IRs and reflects best practices.

The following safety recommendations (SRs) were taken into consideration for the development of this NPA: GERF-2006-009, UNK-2005-148, DENM-2012,004, HUNG-2012-004, ITAL-2012-009, SPAN-2009-025, and SWED-2011-013.

The specific objective of this NPA is to maintain a high level of safety for air operations by ensuring a harmonised implementation of the Air Operations Regulation.

Sub-NPA (A): Explanatory Note and proposed changes to the IRs of Annexes I–VII.

Sub-NPA (B): Proposed changes to the existing AMC and GM text.

Sub-NPA (C): Proposed changes related to passenger seating and briefing.

Sub-NPA (A) includes proposed changes to the Air Operations Regulation itself, including the following key changes:

  • Editorial changes to Implementing Rules (IR) of all Annexes;
  • Amendment of authority requirements (Part-ARO) specifying that the oversight cycle can also be reduced;
  • Amendment of authority requirements on findings and corrective actions;
  • Removal of the prior approval for wet-leasing agreements between EU operators;
  • Limit prior approval to dry lease-out agreements with a third-country operator;
  • Exemption of certain operators from approval under Part-SPA of dangerous goods training programmes if they do not intend to transport dangerous goods; and
  • Amendment on the use of supplemental oxygen.

Sub-NPA (B) includes proposed changes to the acceptable means of compliance (AMC) and guidance material (GM) to the Air Operations, including the following key changes:

  • Editorial changes to AMC and GM to all Annexes;
  • Amendment related to the management system of the authority;
  • Proposed new AMC/GM on inspector qualifications;
  • Amendments to AMC/GM related to RAMP inspections;
  • Safety management in the AMC/GM related to organisation requirements (Part-ORO);
  • Proposed AMC/GM on leasing agreements between EU operators; and
  • Proposed change to AMC on carriage of the emergency medical kit (EMK) for certain CAT operators, providing more flexibility to operators regarding a secure location of the EMK.

Sub-NPA (C) proposes amendments to ED Decision 2014/015/R:

  • Revising AMC1 CAT.OP.MPA.165 on Passenger seating;
  • Revising AMC1 CAT.OP.MPA.170 on Passenger briefing;
  • Newly developed GM1 CAT.OP.MPA.170 on Passenger briefing/Exit briefing, and
  • Newly developed GM2 CAT.OP.MPA.170 on Passenger briefing/Safety briefing material.

The proposed amendments result from the request by the European Commission, from four safety recommendations directed to EASA, and involve an alignment with ICAO Annex 6 and with ICAO Doc 10002.

The specific objective is to maintain a high level of safety:

  • by requiring seats adjacent to emergency exits - providing direct access to these exits - are occupied by passengers during taxiing, take-off and landing;
  • by requiring passengers seated by exits not staffed by cabin crew members have been briefed on the use of the exit in case of an emergency in order to act promptly and efficiently;
  • to address the non-existence of certification or operational requirements related to safety briefing material, by developing guidance material for operators and national aviation authorities, thus providing a level playing field; and
  • to ensure harmonisation by aligning the current provisions of AMC1 CAT.OP.MPA.170 on passenger briefing with ICAO Annex 6 and ICAO Doc 10002.

Further to the above, Sub-NPA (C) proposes an editorial amendment to the Air Operations Regulation, specifically in paragraph (b) of CAT.OP.MPA.170 on passenger briefing to correct an editorial omission.

Lastly, Sub-NPA (C) proposes an amendment to the Air Operations Regulation, Annex I - Definitions in order to add a new definition on ‘emergency exit’ to address the inconsistent use of various terms in the Regulation referring to an egress point from the aircraft. The newly proposed definition is in line with ICAO.

We strongly recommend that National Aviation Authorities and CAT operators in particular review this substantial NPA and comment to EASA using the CRT by the closing date of 27 January 2016.

05/11/2015   EASA proposes changes to Airworthiness Review process

The airworthiness review process, which first entered into force in September 2008, introduced significant changes to former national requirements, among others a new role for the national aviation authorities (NAAs), new privileges for the organisations holding a Part-M, Subpart G approval, specific requirements for personnel involved in this review, description of the process itself, and an airworthiness review certificate (ARC).

In addition, the Basic Regulation requires EASA to assess the implementation impact of regulations.

The feedback obtained by EASA through activities such as standardisation visits to the Member States (MSs), Article 14 exemptions, and questions from NAAs/stakeholders related to the interpretation of the rules, among others, led it to decide that the airworthiness review process needed to be reviewed.

As a consequence, EASA launched a survey among NAAs and stakeholders whose results are included in Chapter 5.3 of its NPA 2015-17. In order to address the issues raised during the survey, EASA issued the NPA that aims to:

  • provide clearer requirements/guidance on those aspects creating interpretation/standardisation problems;
  • remove those requirements that do not bring any safety benefits;
  • facilitate the transfer of aircraft between MSs; and
  • reinforce the oversight role of the NAAs.

Furthermore, in line with the objective of providing proportionate and cost-efficient rules for General Aviation (GA) while maintaining an acceptable level of safety, EASA coordinates the proposals included in this NPA with RMT.0463 ‘Task Force for the review of Part-M for General Aviation’ (PHASE I) and RMT.0547 ‘Task Force for the review of Part-M for General Aviation’ (PHASE II).

The rulemaking working group has been working on these proposals for a number of years, and this is borne out by the size of this document alone. Running to 67 pages, the impact of these proposals should not be underestimated by the organisations concerned. Its 16 pages of proposed Regulation (hard rule) changes to Part-M, Part-145, and Part-21, 26 pages of proposed AMC/GM (soft rule), and 10 pages of RIA (including additional questions to stakeholders), should be comprehensively reviewed by all affected organisations, including Competent Authorities.

We have yet to fully review the document and digest its impact, however at first sight, it appears to contain some significant changes, some useful explanatory material, as well as some other areas requiring further clarification and “tidying”.

EASA is hosting a workshop to discuss the NPA’s content late in November and it will be interesting to hear the response to its proposals.

Comments should be made using the CRT by 05 February 2016.

15/07/2015   EASA publishes regular update to Part-66 aircraft type ratings

Appendix I ‘Aircraft type ratings for Part-66 aircraft maintenance licences’ to Annex IV ‘Acceptable Means of Compliance to Part-66’ to Decision 2003/019/RM (‘Part-66 AMC Appendix I’) is required to be up to date to serve as a reference for national aviation authorities. 66.B.115 requires that the aircraft type endorsement shall use the appropriate type ratings specified by EASA.

In order to achieve this requirement, the text of Part-66 AMC Appendix I should be amended regularly to include new aircraft type ratings, and this regular amendment of Part-66 AMC Appendix I is considered a permanent rulemaking task for EASA. Appendix I was last amended by Decision 2013/024/R of 10 September 2013.

EASA has widely consulted interested parties on the matters which are the subject of this rulemaking activity and has provided thereafter a written response to the comments received. Comment-Response Document (CRD) 2014-10 contains all the individual comments received on NPA 2014-10 (published on 16 April 2014), as well as the EASA responses to them.

The resulting rule text is provided in Decision 2015/020/R and in particular its Annex (AMC to Part-66 - Amendment 14), which is published in parallel to the CRD.

We recommend national aviation authorities, maintenance organisations, and licence applicants remain current with these type ratings.

10/07/2015   Netherlands CAA provide MAG interpretation guidance

We are indebted to Rogier van der Velden (via Linked In) for tipping us off about some useful information published by the Netherlands CAA. Rogier records:

“Today the CAA of The Netherlands published their amended guidance on acceptance of Components, Materials and Standard parts (AIC-B 03/2015) . A great overview of the applicable requirements and BASA agreements on this. Especially the tables are very helpful, providing direct information on what documentation can be accepted, depending on the origin and the type of components. And best of all for you... it is in English. The document can be downloaded here:


Whilst any non-Netherlands-based organisation will need to read and interpret this document with care within their own national context, it is always great to see a Competent Authority trying to help industry navigate these tortuous documents – and to share it publicly – in the interests of aviation safety, through improved compliance.

28/07/2014   EASA updates AMC and GM for SACA and SAFA ramp inspections

Following consultation through NPA/CRD 2013-13, EASA has now published its Decision 2014/025/R containing Issue 3 of the AMC (Acceptable Means of Compliance) and GM (Guidance Material) to Part-ARO.RAMP (dealing with ramp inspection of community operators and third country operators). The RAMP inspection programme is part of Annex I (Part-ARO) of Commission Regulation 965/20121 (Air OPS).

The revised AMC/GM is intended to clarify the conditions for the approval and continuous validity of ramp inspection training organisations, and includes additional guidance and instructions to inspectors on how to perform ramp inspections.

The AMC/GM addresses the continuing need for a harmonised and standardised execution of ramp inspections of EU and third country operators.

The Decision affects:

  • EU and third country operators, who might be subject to a ramp inspection;
  • RAMP programme training organisations and training instructors;
  • Ramp inspectors and their National Aviation Authorities (NAAs) of EU Member States plus Norway, Iceland, Liechtenstein and Switzerland; as well as
  • SAFA (Safety Assessment of Foreign Aircraft) participating countries and their inspecting staff, with whom relevant working arrangements have been signed; and
  • EASA, who on request of the competent authority, may be requested to verify a training organisation’s compliance with the applicable requirements.

We recommend that all these stakeholders review the revised material in relation to their own policies and procedures. Where EASA AMC is used as the organisation’s means of compliance with relevant requirements, these should now be revised to align with the changes made thereto.

27/09/2013   EASA corrects AMC to Authority Requirements for Operations (Part-ARO)

EASA has published a corrigendum to its Decision 2013/018/R (dated 27/08/2013), correcting AMC material to ARO.GEN.305(d) Oversight programme – in relation to oversight of declared organisations, e.g. NCC operators.

We recommend Competent Authority personnel review these corrections and ensure organisation policy and procedures appropriately reflect the corrected wording.

22/07/2013   EASA proposes further harmonisation and standardisation of ramp inspections

EASA is proposing further AMC and GM to PartARO.RAMP and intends to clarify the conditions for the approval and continuous validity of ramp inspection training organisations, as well as additional guidance and instructions to inspectors on how to perform ramp inspections, in its NPA 2013-13.

This proposal addresses the continuing need for a harmonised and standardised ramp inspections of EU and third country operators. It affects EASA, the NAAs of EU Member States plus Norway, Iceland, Liechtenstein and Switzerland, as well as SAFA (Safety Assessment of Foreign Aircraft) participating countries. In addition, all operators flying to airports of participating countries are also affected, since they would be subject to inspections.

The NPA explains that:

  • in 2008 EU competence was extended to include air operations, flight crew licences and aircraft used by third country operators into, within or out of the European Union;
  • Third country operators operating aircraft into, within or out of the EU have been subject to inspections by the Member States in accordance with Directive 2004/36/EC on the safety of third country aircraft using Community airports (the SAFA Directive) - later amended by Commission Directive 2008/49/EC 4 introducing the core elements of the SAFA Procedures Manual;
  • This legal framework was then complemented by two implementing regulations - (EC) 768/2006 on collection and exchange of information, and (EC) 351/2008 on prioritisation of inspections.
  • In order to assist the Member States in the implementation of certain provisions of this regulatory framework, SAFA Guidance Material had been adopted on the Procedures for the Qualification of Ramp Inspectors and on Ramp Inspection Procedures.

It goes on to explain:

  • A comprehensive framework for the collective oversight of all aircraft using Community aerodromes was established. As a consequence, the SAFA Directive and existing legislation and guidance material on ramp inspections adopted on the basis of the SAFA Directive were repealed with the entry into force on 28 October 2012 of (EU) No 965/2012.
  • The content of the SAFA Directive, its implementing rules and related guidance material, was transposed to Subpart ARO.RAMP of Annex II to that regulation, and related acceptable means of compliance and guidance material.

As the scope of the Basic Regulation is wider than the scope of the current SAFA Directive - which is limited to third country aircraft engaged in commercial operations as well as to third country aircraft of a maximum takeoff weight of more than 5700 kg engaged in non-commercial operations, Part ARO. RAMP will be applicable to all aircraft subject to the Basic Regulation used by either EU (SACA — Safety Assessment of Community Aircraft) or third country operators (SAFA), both commercial, under the current Commission Regulation 965/2012 and non-commercial, as soon as the relevant Annexes for non-commercial operations will apply.

The NPA is intended to ensure that the ramp inspection system remains effective, but EASA considers that there is no need to amend the implementing rules on Air Operations (as initially foreseen in the published Rulemaking task terms of reference), since the relevant provisions on the approval of training organisation have been drafted in the framework of ARO.RAMP. The respective AMC and GM will complement the following paragraphs in the IRs: ARO.RAMP.100, ARO.RAMP.120, ARO.RAMP.125, ARO.RAMP.130, ARO.RAMP.135, ARO.RAMP.140, ARO.RAMP.145 and ARO.RAMP.160.

We recommend that all affected NAAs consider the voluminous material within the NPA and consider carefully their affect on current processes and resource levels. Comments should be submitted using the CRT by 22 October 2013.

16/04/2013   EASA publishes further AMC/GM in relation to ATO operational safety risk assessment

EASA has issued further AMC and GM for competent authorities relating to the following:

  • evaluation of ATOs’ operational safety risk assessment
  • evaluation of ATOs’ volcanic ash safety risk assessment
  • volcanic ash safety risk assessment - additional guidance

We recommend competent authorities and ATOs review the content of Decision 2013/006/R to ascertain its impact or contribution to their own working practices.

18/03/2013   EASA proposes changes to ACAM rules

Further to our articles dated19/07/2012 and 13/04/2012, EASA has now published its Opinion (02/2013) on amending the Aircraft Continuing Airworthiness Monitoring (ACAM) requirements in Section B to Part-M.

The proposed changes to M.B.303 and M.B.304 aim to better clarify the intent of the rule:

  • The items to be considered for the development of the ACAM programme are now detailed in a new AMC;
  • The requirement for a root-cause determination for each finding has been replaced by a requirement to analyse findings in terms of safety significance. Provisions for the analysis of findings are now included with the new AMC; and
  • Exchange of information between competent authorities on non-compliances identified is now only required when necessary to ensure proper enforcement action.

In addition, EASA has also published its Decision 2013/005/R, amending the AMC and GM relating to those requirements. The Decision covers those elements of the AMCs and GM that are not bound by the adoption of the changes at Implementing Rule level, as proposed with Opinion 02/2013. Upon adoption of the regulatory changes proposed with Opinion 02/2013 a second Agency Decision will be issued to publish the remaining changes to/new AMCs and GM.

Competent Authority personnel should familiarise themselves with the revised AMC and Guidance Material.

27/07/2012   EASA revises guidance material to SAFA Ramp Inspectors

Considering the collective nature of the European Community Safety Assessment of Foreign Aircraft (EC SAFA) Programme, it is very important that ramp inspections are performed in a harmonised manner throughout all participating states. Directive 2008/49/EC mandates EASA to publish detailed guidance material in order to assist Member States in the implementation of certain aspects and when developing such guidance material EASA is required to consult the Member States, and where necessary appropriate experts from relevant interested parties. EASA has previously adopted guidance material for SAFA ramp inspections by means of ED Decision 2009/001/5 (22 July 2009) but this material has to be amended in order to reflect the latest standards, as well as to take into due consideration the observations received from the Member States, and the feedback following EASA standardisation visits.

When reviewing the existing SAFA guidance material, EASA consulted all States participating in the EC SAFA Programme and the comments formulated in the framework of the consultation period have led to such changes for which a re-consultation was considered necessary. EASA has now reviewed all comments received during the two periods of consultations and taken these into account in finalising the revised guidance material adopted by means of ED Decision 2012/001/5 (SAFA Ramp Inspections Guidance Material Version 2.0)

19/07/2012   EASA proposes changes to ACAM rules

Further to our article, dated 13/04/2012, EASA has now published the CRD to NPA 2011-19.


As part of their continuing airworthiness oversight system competent authorities are required to develop a survey programme to monitor the airworthiness status of the fleet of aircraft on their register, referred to as ‘Aircraft Continuing Airworthiness Monitoring’ (ACAM, cf. M.B.303). The survey programme shall be developed by selecting a relevant sample of aircraft and shall include an aircraft survey, focusing on a number of key airworthiness risk elements. Appendix III to AMC M.B.303(d) ‘Aircraft Continuing Airworthiness Monitoring – Planning & Recording Document’ defines those key risk elements for the aircraft surveys to be conducted by competent authorities.

Objective of NPA

Feedback from competent authorities and typical findings encountered during standardisation inspections indicate that ACAM requirements and key risk elements are not consistently and uniformly applied in all Member States. The existing rule material and related Acceptable Means of Compliance and Guidance Material has, therefore, been reviewed to improve clarity and to include additional guidance, including typical inspection items, on the use of key risk elements. The changes proposed aim at enhanced efficiency of the ACAM programme, both in terms of flight safety and better use of competent authority resources, without creating additional burden for competent authorities or aircraft owners/operators.

Response to NPA

By the closing date of 1 March 2012, EASA had received 85 comments from 20 National Aviation Authorities, professional organisations, and private companies. As a result of those comments, a number of changes were made to the wording proposed in the NPA.

Interested parties should have reviewed the amended draft Regulation and Decision and reacted via the CRT by 19 September.

13/04/2012   EASA announces composition of ACAM NPA Review Group

Further to our previous articles below, EASA has now announced the composition the NPA Review Group for ToR M.027 with representatives from 4 authorities, an airframe manufacturer, and a CAT operator. The Group’s role is to review the comments made in response to NPA 2011-19 and draft the Comment Response Document.

As previously recommended, whilst these changes primarily affect Competent Authorities, we also encourage operators, CAMOs, and maintenance organisations to consider the impact on their own organisations, to lobby and support working group members, and to react to the CRD, to be published in due course, accordingly.

28/11/2011   EASA proposes changes to ACAM requirements

Rulemaking ToR M.027/RMT-0216 has now released its proposals in the form of NPA 2011-19, proposing to change the existing rule material and related AMC and Guidance Material to improve clarity and to include additional guidance on the use of Key Risk Elements (KREs). The changes proposed aim at enhanced efficiency of the ACAM programme, both in terms of flight safety and better use of competent authority resources, without creating additional burden for competent authorities or aircraft owners/operators.  Proposals relate to:

  • Survey Programme
  • Combined Surveys
  • Root cause analaysis of findings
  • Compatability of ACAM findings between Member States
  • Inflight surveys
  • Qualification criteria for ACAM Inspectors and
  • Key Risk Elements(KREs)

Whilst these changes primarily affect Competent Authorities, we also encourage operators, CAMOs, and maintenance organisations to consider the impact on their own organisations and react to the CRD, to be published in due course,  accordingly.

14/10/2011   EASA aims to improve ACAM rule material

M.B.303 requires competent authorities to develop a survey programme to monitor the airworthiness status of the fleet of aircraft on their register, referred to as Aircraft Continuing Airworthiness Monitoring (ACAM).

Based on feedback from competent authorities and considering typical findings encountered during standardisation inspections, EASA has concluded that ACAM requirements are not consistently and uniformly applied in all Member States. In turn it concludes that this justifies the need to review the existing rule material, so as to improve clarity and to issue additional AMC and GM where appropriate.

The M.027/RMT-0216 rulemaking working group , including representative from various competent authorities, a UK operator, and Airbus, initially set up at the end of 2010 and planned to publish an NPA by October 2011 has had its Terms of Reference revised. But the specific tasks remain:

  • Opinion to amend M.B.303 and, as necessary, other related Part-M Implementing Rules,
  • Decision to amend AMCs and GM to Part-M and, as necessary, other related Part-M AMCs and GM, including GM to Appendix III to AMC M.B.303 (d).

Refer to the EASA ToR page for further details.