Baines Simmons Knowledge EASA Regulatory Updates

EASA Regulatory Updates

Updated regularly, our Regulatory Updates page will keep you up-to-date with recent and proposed changes to EU Regulations and EASA Agency Measures relating to air operations and airworthiness. In addition, we also review and highlight information published by the UK CAA where relevant.

Material is reviewed and articles added as soon as practicable after publication by EASA, the European Commission, or the UK CAA, as applicable.

Previous updates

If you would like to see any previous regulatory update documents, please click on the relevant edition below:

Update 9 - May 2022

Our most recent update

Below, you will find the most recent regulatory update.

Click on each header to expand each section.

Updated July 27th 2022

Update 10 - July 2022

1. Introduction

EASA Covid 19 Updates

Whilst the Covid 19 pandemic continues to cause disruption within the aviation industry EASA is continuously devising methods to ensure that operations can continue as normal as possible while remaining safe and the Agency recognises there are significant matters that need to be tackled. EASA remains fully committed to meet the needs of the industry so that aviation can remain operational and safe for everyone.

The links below provide links to all EASA (multiple domains) coronavirus-related information.

https://www.easa.europa.eu/the-agency/coronavirus-covid-19 

https://www.easa.europa.eu/easa-covid-19-resources 

https://www.easa.europa.eu/covid-19-references 

2. EASA General & Generic Updates

1st June 2022

EASA launches five new research projects - Funded from the European Union's Horizon Europe research and innovation programme

Following calls for tenders, EASA has now signed contracts for five new research projects, all funded from the European Union's Horizon Europe research and innovation programme.

With the contracts in place, EASA is now excited to kick-start the following research projects:

· Helicopter Underwater Escape (HUE#2), improving the likelihood of a successful escape in survivable helicopter water impact accidents

· Machine learning application approval (MLEAP), Artificial Intelligence technology for systems intended for use in safety-related applications in civil aviation

· Unmanned Aircraft Systems (UAS) Standards (SHEPHERD), looking into the technical assessment of the standards for the safe use of UASs

· Mental health (MESAFE), assesses new medical developments for the early diagnosis as well as treatment of mental health conditions for pilots and air traffic controllers

· Risk Assessment Tool Technical Specifications (RAT), develop technical specifications for the creation of a risk assessment tool (RAT) to early identify hazards associated with a specific type of product for a given concept of operation.

The projects will be managed by EASA and are part of a bundle of 15 different project tenders, spanning over six research actions, with an overall budget of 14.2 million Euro.

These six research actions address EASA’s, and European Member States’ research needs and requirements related to civil aviation:

· Lessons learned from recent accidents / incidents in Air Transport

· Safety standards for the introduction of key concepts and technologies

· Solutions for runway safety

· Standards supporting the digital transformation of aviation

· Development of new aviation health safety standards

· Impact of security measures on safety.

Tender procedures for the remaining projects are ongoing, with all contracts intended to be awarded and projects being on the way by end 2022.

 
3rd June 2022

Digital Transformation – Case Studies for Aviation Safety Standards

The research project aims at evaluating a series of changes applied to aviation products, processes and operations resulting from the deployment of new digital solutions with a focus on measuring the impact on safety standards and regulatory materials as well as to prepare their evolution. The project will build upon a series of case studies allowing to develop a comprehensive investigation of the key changes at stake, by developing several working examples (use cases and conceptual models), analysing the impact on the working processes, the safety management processes, and the existing regulatory standards. Such case studies will lead to the identification of key actions to be taken by safety regulators, service and solution providers to streamline the deployment of such innovative digital applications.

 
20th June 2022

EU-LATIN AMERICA AND CARIBBEAN AVIATION PARTNERSHIP PROJECT (EU-LAC APP II)

EASA signed a Contribution Agreement with the European Commission in December 2021 to manage an EU Project to support the Civil Aviation Sector for Latin America and the Caribbean (EU-LAC APP II).

This project is a continuation of a previous project – EU LAC APP I – financed by the EU and implemented by EASA between 2018 and May 2022.

Under EU-LAC APP I, the EU regulations and best practices were shared and technical trainings delivered in most fields of aviation safety (i.e., Rules development, Organisation, Flight Operations, Pilot Training with a special focus on Evidence Based Training (EBT), Fatigue Management, Airworthiness, Aerodrome certification, Air Traffic Management and Air Navigation Service Providers) Accident and Incident Investigation, Security and Environmental Protection (in particular on Carbon Offsetting Reduction Scheme for International Aviation (CORSIA).

A solid institutional platform and a continuous technical exchange through support and sharing of best practices with partners and industry was established under the first project (EU LAC APP I) on the above areas.

For this reason, a follow up project has been agreed and a contract between the European Commission, Foreign Policy Instrument, and EASA was signed in December 2021 aiming at: 

· Strengthening institutional relations, deepening dialogue and cooperation between aviation authorities, encouraging regional cooperation and supporting implementation of aviation agreements 

· Promoting industrial exchanges

· Increasing mutual awareness of aviation best practices, promoting EU standards, raising environmental protection efforts, and encouraging climate action. 

The new project will run from the 1 June 2022, for a duration of 36 months, until the 31 May 2025. It is funded by the European Union with €4,000,000.

 
27th June 2022

EASA issues first Flight Procedure Design certificate

The European Union Aviation Safety Agency (EASA) has awarded its first Flight Procedure Design certification to Slovakia’s Aeronautical Services and Procedures ASAP s.r.o. 

Flight Procedure Design became a regulated activity requiring certification in 2022. An EASA certificate allows the holder to provide flight procedure design services in all Member States, without any additional National requirements.

 

30th June 2022

EASA publishes world’s first rules for operation of air taxis in cities

The European Union Aviation Safety Agency (EASA) published rules for the operation of air taxis in cities, the first comprehensive proposal for such regulations to be issued worldwide. 

The proposed new regulatory framework is open to public consultation until September 30, 2022, and cover the technical domains of airworthiness, air operations, flight crew licensing and rules of the air. 

They complement existing EU regulatory material for operations of Unmanned Aircraft Systems (UAS), the unmanned traffic management system known in Europe as U-space and the certification of aircraft capable of Vertical Take-Off and Landing (VTOL), as well as EASA guidance on the design of vertiports. 

“With this, EASA becomes the first aviation regulator worldwide to release a comprehensive regulatory framework for operations of VTOL-capable aircraft, which will offer air taxi and similar services,” said EASA Executive Director Patrick Ky. “The publication reinforces the leadership EASA is showing in this area of innovation. At the same time, we have done our best to address general societal concerns and the expectations of EU citizens with respect to safety, security, privacy, environment and noise.”

Manufacturers in Europe have signalled to EASA that they will be ready for certification of VTOL aircraft in the next few years. These aircraft will enable new air mobility concepts in the framework of the ‘smart, green and digital’ cities initiative led by the European Commission. EASA’s latest proposals will establish a harmonised set of regulations and rules at EU level for this new mobility by air of people and cargo. 

The overall objective is to foster the development of a new ecosystem for urban air mobility (UAM), to achieve the safe and secure integration of certified UAS and VTOL-capable aircraft operations in the EU, and to enable operators to safely operate VTOL-capable aircraft in the single European sky. 

 
11th July 2022

EASA plans for study on impact analysis, prevention and management of air traffic controllers’ (ATCOs) occupational fatigue

EASA is planning to launch a research study on the impact analysis, prevention and management of air traffic controllers’ (ATCOs) occupational fatigue.

The study has three main objectives:

· to evaluate the implementation of EU regulations on this issue, notably Commission Implementing Regulation (EU) 2017/373 adopted on March 1, 2017 and applied as of January 2020, which imposed on air traffic service providers specific requirements linked to ATCOs’ stress, fatigue and rostering systems, as part of their safety management systems.

· to conduct research in this area with a view to provide guidance and assess the need for a possible further development of the related European rules and practices.

· to aim at measuring and/or anticipating the possible impact of the introduction of new technologies (such as AI, machine learning, virtual reality, etc.) on the ATCOs’ occupational fitness.

Please note that this study is not related to an EU Research programme (e.g., Horizon Europe).

 
11th July 2022

EASA to deepen partnership with European Universities and academia - Calling all PhD students from European universities & research entities

The European Union Aviation Safety Agency (EASA) is launching a new initiative to engage with the next generation of aviation scientists from European academia, calling on them to share their research and ideas for the future development of aviation. Selected students will be invited to present their papers at the first edition of the EuropeanAcademia@EASA conference that will take place in March 2023. 

The aim of the conference is to develop partnerships between the Agency and European Universities and academia, while advancing and disseminating knowledge in new and emerging fields relevant for aviation.

EASA is inviting PhD students from European universities and research entities to submit abstracts of their PhD thesis related to the following areas of interest that will be covered during the 2023 conference:

· Artificial intelligence (AI) in aviation

· Impact of climate change and extreme weather phenomena on the air transport system

· Environmental sustainability (emissions, noise, air quality, other nuisance)

· New approaches and methods for safety risk management

Abstracts will be reviewed by the EASA Scientific Committee, composed of leading members of European academia and institutions in aeronautical and related research. Students whose abstracts have been selected will be invited to the European Academia@EASA conference 2023 and have the opportunity to present their work.

 
13th July 2022

Detection of Lithium Batteries Using Security Screening Equipment

Lithium batteries, whether or not contained in equipment, are one of the main causes of the incidents reported in the cabin. The main risks are fire and smoke, which can lead to catastrophic events. Certain restrictions apply to the carriage by passengers of lithium metal and lithium-ion batteries in accordance to ICAO Annex 18 and the ICAO Technical Instructions for the Safe Transport of Dangerous Goods (ICAO Doc. 9284).

Notwithstanding, that screeners shall primarily focus their attention on identification of prohibited items from a security perspective, there is a need to investigate possible technical, operational and regulatory solutions to support safety requirements (in particular detection of lithium batteries not transported in line with applicable safety rules) without affecting the performance of screening operations.

For all information and status on the call for tender related to the project, please visit EASA.2022.HVP.21.

2nd EASA Webinar on All Weather Operations – EFVS – 7th Sept 2022

Following publication of the latest EASA Rules to support All Weather Operations, EASA will host a webinar to support organisations with the implementation of the different aspects of these new rules. 

The topic of this webinar is the implementation of Enhanced Flight Vision Systems (EFVS).

SAFE 360°- Safety in Aviation Forum for Europe 2022 13th – 15th September 2022

SAFE 360˚ 2022 - Safety in aviation forum for Europe, offering an all-round perspective on aviation safety, is now open for registration – further details below.

SAFE 360˚ 2022 is the one conference which strives to break down silos by examining the key safety issues in Europe from a cross-domain perspective. The conference includes the full spectrum of aviation stakeholders taken from up and down the technical and management chain.

The conference follows the Chatham House Rule, which allows its participants to talk freely without judgement. Attendees are asked not to identify and take information out of the conference without the source’s permission.

European Technical Standard Order (ETSO) Workshop 2022 – 20th – 21st Sept 2022

Since its first occurrence in 2004, the ETSO workshop has grown in popularity and attendance. It has become a regular forum for the worldwide community of ETSO/TSO manufacturers, installers and operators, where topics of common interest in the various fields of aviation equipment are presented and discussed, aiming at updating participants, and getting their feedback on industry and authority initiatives concerning operational, design, manufacturing and regulatory matters with the common scope of fostering safety. Besides EASA, also FAA, TCCA and ANAC representatives actively participate to the event, providing updates on their related activities and on cooperation/bilateral issues. Other CAA representatives may be present.

This is the first E/TSO workshop in physical presence after the pandemic.

Confirming arrangement of previous E/TSO workshops, the event will consist of a general part on day 1, covering topics of interest for all participants, like updates from Rulemaking, ADOA, foreign authorities; and two split sessions on day 2, with more detailed discussions in the domain of avionics as well as mechanical systems. Copies of all presentations held, as well as additional background material, will be made available on EASA website for download after the workshop.

2nd EASA Webinar on the Fuel Management Rules – 21st Sept 2022

The new EASA Rules on Fuel Management have recently been published in the regulatory package, which consists of Regulation (EU) 2021/1296 and ED Decision 2022/005/R providing the AMC and GM, EASA will host a 2nd webinar for air operators to provide more information about these rules and to answer questions from the industry.

3. Initial Airworthiness

29th June 2022

Special Condition for VTOL and Means of Compliance

The object of this consultation is the Third Publication of Proposed Means of Compliance with the Special Condition for VTOL.

Comments shall be provided using the EASA Comment-Response Tool (CRT), a one-time online registration is necessary.

Neither the Special Condition nor the first or the second publication of Means of Compliance are reopened for consultation. 
These documents remain available under the Related Content section for reference.

· The final release of the Second Publication is sequenced in two stages. 
The first stage is now available under “Related Content” as “MOC-2 SC-VTOL Issue 2”. 

· The second and final stage will be available in this webpage as “MOC-2 SC-VTOL Issue 3”.

 

30th June 2022

EASA publishes updated Easy Access Rules for Large Aeroplanes (CS-25)

The updated Easy Access Rules for Large Aeroplanes (CS-25) are now available for a free download from the EASA website in pdf format  and online format. 

This Revision from June 2022 incorporates the Amendment 27 covering the review of aeroplane performance requirements for air operations and the regular update of CS-25.

 

6th July 2022

NPA 2022-07 - Regular update of CS-25

The objective of this Notice of Proposed Amendment (NPA) is to reflect the state of the art of large aeroplane certification based on experience gathered from in-service occurrences and certification projects.

This NPA proposes to amend CS-25 (certification specifications and acceptable means of compliance for large aeroplanes) in the following areas:

· Item 1: Ditching survivability

· Item 2: AMC 25.1309 System design and analysis – Development assurance and AMC 20 references

· Item 3: Installed systems and equipment for use by the flight crew

· Item 4: Performance and handling characteristics in icing conditions

· Item 5: Brakes and braking systems certification tests and analysis

· Item 6: Oxygen equipment and supply

· Item 7: Air conditioning ‘off’ – maximum time period

· Item 8: Cabin crew portable oxygen equipment

The proposed amendments are expected to provide safety benefits, would have no social or environmental impacts, and would provide economic benefits by streamlining the certification process.

 

20th July 2022

Commission Implementing Regulation (EU) 2022/1253

Commission Implementing Regulation (EU) 2022/1253 of 19 July 2022 correcting Regulation (EU) No 748/2012 as regards derogations from certain requirements introduced by Delegated Regulation (EU) 2022/201

 
25th July 2022

NPA 2022-08 – Analysis of on-ground wing contamination effect on take-off performance degradation

The objectives of this Notice of Proposed Amendment (NPA) are to:

· mitigate the risks of incidents and accidents caused by airframe ground icing contamination or inadequate de-acing/anti-icing operations; and

· align the requirements of CS-25 with the existing EASA AIR OPS regulations regarding allowed take-off with a determined level of contamination.

This NPA proposes to amend the certification specifications for large aeroplanes on the following areas:

· design requirements for take-off with a determined level of contamination of the aerodynamic surfaces; and

· criteria for the testing and selection of de-icing/anti-icing fluids for a large aeroplane type design.

This NPA does not propose the mandate of on-board systems to alert the crew of potential contamination of the wing. Within the NPA it is proposed instead to continue and reinforce safety promotions actions to raise awareness of the community on this issue.

The NPA does not propose changes to CS-23.

The proposed amendments and safety promotion actions are expected to increase safety.

This NPA takes into consideration the recommendations from rulemaking group report RMT.0118, dated 15 September 2021 (please refer to the annex to this NPA).

 
27th July 2022

Product Certification Consultations

Proposed Equivalent Safety Finding to CS 23.1549(b), Powerplant Instruments - Normal Operating Range Colour and Current Speed Control Authority Indication - Issue 01

Proposed Equivalent Safety Finding to CS 23.1549(b), Powerplant Instruments – Normal Operation Range Colour - Issue 01

Proposed Equivalent Safety Finding to CS 23.779(b)(1) and 23.1143(c), Motion and Effect of Cockpit Controls - Issue 01

4. Additional Airworthiness

20th July 2022

Commission Implementing Regulation (EU) 2022/1254

Commission Implementing Regulation (EU) 2022/1254 of 19 July 2022 amending Regulation (EU) 2015/640 as regards the introduction of new additional airworthiness requirements.

5. Continuing Airworthiness

5th July 2022

Implementation of Safety Management System for the EASA Part-145 Maintenance Organisations

EASA has published a transition guide intended to support Part-145 approved maintenance organisations and competent authorities in the implementation of the requirements, including Safety Management System (SMS), as introduced in Regulation (EU) 2021/1963. The guide includes milestones of the SMS transition process and highlight of the novelties introduced by this Regulation.

This document is supplemented by the example of EASA when acting as Competent Authority for the Foreign Part-145 Organisation, with an information letter and a draft of the MOE User Guide providing detailed guidance on the developments needed for the Maintenance Organisation Exposition.

6. Air Operations, Aircrew and Medical

30th June 2022

ED Decision 2022/01/R - All-weather operations — AMC & GM to air operations rules

Decision 2022/012/R issues the following amendments to the AMC and GM to Commission Regulation (EU) No 965/2012:

· GM to Annex I (Definitions for terms used in Annexes II to VIII) to Commission Regulation (EU) No 965/2012 — Issue 1, Amendment 16

· AMC and GM to Annex II (Part-ARO) to Commission Regulation (EU) No 965/2012 — Issue 3, Amendment 13

· AMC and GM to Annex III (Part-ORO) to Commission Regulation (EU) No 965/2012 — Issue 2, Amendment 20

· AMC and GM to Annex IV (Part-CAT) to Commission Regulation (EU) No 965/2012 — Issue 2, Amendment 21

· AMC and GM to Annex V (Part-SPA) to Commission Regulation (EU) No 965/2012 — Issue 1, Amendment 12

· AMC and GM to Annex VI (Part-NCC) to Commission Regulation (EU) No 965/2012 — Issue 1, Amendment 16

·     AMC and GM to Annex VII (Part-NCO) to Commission Regulation (EU) No 965/2012 — Issue 2, Amendment 13

· AMC and GM to Annex VIII (Part-SPO) to Commission Regulation (EU) No 965/2012 — Issue 1, Amendment 16

The objective of this Decision is to facilitate the implementation of the new requirements introduced into Regulation (EU) No 965/2012 (the ‘Air OPS Regulation’) related to all-weather operations (AWOs) by Commission Implementing Regulation (EU) 2021/2237 (the ‘AWO Regulation’). 

The AWO Regulation, which will apply from 30 October 2022, includes elements from two different areas: all-weather operations and operator flight crew training.

The AWO Regulation introduced a performance-based, ‘technology-neutral’ approach to the regulation of AWOs, which aims at facilitating a better integration and use of new, advanced technology as well as new operational procedures to support AWOs and at ensuring the availability of aerodrome infrastructure, information, and procedures to support AWOs. 

The amended AMC and GM shall apply from 30 October 2022.

 
30th June 2022

Airspace of Afghanistan

Due to the current security situation in Afghanistan since the withdrawal of western military forces and the Taliban takeover of the country in August 2021, there is a continued possible threat to civil aviation.

Extremist non-state actor groups remain active and might sporadically target aviation facilities in multiple ways, including direct rocket or mortar attacks, indirect fire or suicide bombers.

Additionally, there is an aviation safety concern due to the absence or limited Air Traffic Service (ATS) capacities across the entire country.

EASA advises air operators not to conduct flights over FIR Kabul (OAKX), except for transiting overflight operations on jet routes P500-G500. Operators should take this information and any other relevant information into account in their own risk assessments, alongside any available guidance or directions from their national authority as appropriate. Latest operational information on ‘Closures and warnings’ issued by means of ICAO State Letters, NOTAMs, AICs/AIPs, EASA CZIB may be found in the Network Manager NOP Portal (password protected version).

 

30th June 2022

Airspace of Egypt, North Sinai Governorate

The Agency draws the attention of the aviation community to the above referenced information, copies of which are attached to this CZIB. This CZIB is issued on the basis of information available to EU Member States and EU institutions. Due to the hazardous situation, it is assessed that the risk of operation and overflight over North Sinai Governorate below FL250 is HIGH.

Operators should take this information and any other relevant information into account in their own risk assessments, alongside any available guidance or directions from their national authority as appropriate. Latest operational information on ‘Closures and warnings’ issued by means of ICAO State Letters, NOTAMs, AICs/AIPs, EASA CZIB may be found in the Network Manager NOP Portal (password protected version). 

7. EU Aviation Rule Structure

No updates

8. Regulatory Authorities

14th July 2022

Opinion No 04/2022 - Repository of aviation-related information

The objective of this Opinion is to implement Article 74 of Regulation (EU) 2018/1139 of the European Parliament and of the Council, which requires EASA, in cooperation with the European Commission and the national competent authorities, to establish and manage a repository of information. 

This Opinion proposes the necessary provisions as regards:

· the functioning and management of the repository;

· the management of the information, including the classification of information;

· the dissemination and update of the information included in the repository;

· the security management for the protection of the infrastructure and the data stored in the repository;

· data protection concerning the personal data stored in the repository.

This Opinion is expected to ensure an effective cooperation between EASA and the national competent authorities concerning the performance of their tasks relating to certification, oversight and enforcement pursuant to Regulation (EU) 2018/1139 and improve harmonisation among Member States.

The main benefit expected from the subject proposal is in terms of effective access, exchange and management of civil-aviation-related information and data that will contribute to the overall safety and efficiency of the aviation system.

9. Third Country Operators

No updates

10. Unmanned Airborne Systems

30th June 2022

NPA 2022-06 - Introduction of a regulatory framework for the operation of drones — Enabling innovative air mobility with manned VTOL-capable aircraft, the IAW of UAS subject to certification, and the CAW of those UAS operated in the 'specific' category

This Notice of Proposed Amendment (NPA) puts forward the establishment of a comprehensive regulatory framework to address new operational and mobility concepts that are based on innovative technologies, like unmanned aircraft systems (UAS) and aircraft with vertical take-off and landing (VTOL) capability, and foster and promote their acceptance and adoption by European citizens.

This NPA proposes amendments to existing EU aviation regulations and the creation of new ones to address:

· the initial airworthiness of UAS subject to certification in accordance with Article 40 of Commission Delegated Regulation (EU) 2019/945;

· the continuing airworthiness of UAS subject to certification and operated in the ‘specific’ category; and

· the operational requirements applicable to manned VTOL-capable aircraft.

The specific objectives of the proposed amendments are to:

· ensure a high and uniform level of safety for UAS subject to certification and operated in the ‘specific’ category and for operations with manned VTOL-capable aircraft;

· enable operators to safely operate manned VTOL-capable aircraft in the single European sky;

· create the conditions for the safe operation of UAS and of manned VTOL-capable aircraft in the U-space airspace;

· promote innovation and development in the field of innovative air mobility while establishing an efficient, proportionate, and well-designed regulatory framework, free of burdensome rules that could hinder the UAS market development;

· harmonise the regulatory framework across the EU Member States by enhancing clarity, filling the gaps, and removing the inconsistencies that are inherent to fragmented regulatory systems;

· foster an operation-centric, proportionate, as well as risk- and performance-based regulatory framework, considering important aspects such as privacy, personal data protection, security, and safety.

11. Ground Handling

No updates

12. Aerodromes

6th July 2022

ED Decision 2022/013/R All-weather operations — AMC & GM to aerodrome rules

Decision 2022/013/R issues the following amendment to the AMC and GM to Commission Regulation (EU) No 139/2014:

· AMC & GM to Authority, Organisation and Operations Requirements for Aerodromes — Issue 1, Amendment 6

The objective of this Decision is to support the modernisation of the European Union (EU) aviation regulatory framework applicable to all-weather operations (AWOs) in accordance with Regulation (EU) 2022/208, to ensure the highest level of safety while enabling efficiency gains based on the latest technological advancements.

This Decision amends Acceptable Means of Compliance (AMC) and Guidance Material (GM) to Regulation (EU) No 139/2014, related to the provision of aeronautical data, surface movement guidance and control systems (SMGCS) and low-visibility procedures (LVPs).

The amendments are expected to support the implementation of AWOs at aerodromes, by ensuring the availability of the necessary aerodrome infrastructure (including visual and non-visual aids), aeronautical information and procedures. The proposed amendments also support the operation of ‘advanced aircraft’ at aerodromes with less ground infrastructure, e.g., runway lighting, without reducing the safety level, because the lack of infrastructure is compensated by advanced on-board systems, such as enhanced flight vision systems (EFVSs). This consequently will improve accessibility to these aerodromes without the need for the aerodrome operators to invest in costly infrastructure. In addition, the amendments are expected to have a positive effect on the environment by allowing more aircraft to land in low-visibility conditions and by reducing the number of flights that need to divert if the visibility conditions at the destination aerodrome are not optimal.

13. ATM/ANS

No updates

14. Balloons & Sailplanes

No updates

15. SERA

No updates