On May 4, ARSA Managing Director and General Counsel Marshall Filler represented the association at a remote meeting of the EASA Engineering & Maintenance Technical Committee (EM.TEC).
EASA managers briefed the committee on the current status of the European agency’s relationship with the UK CAA. Although Brexit is now a done deal (meaning the UK is like any other foreign country to EASA), the agencies have been working to determine the scope of their future aviation safety relationship.
The good news, according to EASA staff, is the two agencies will soon sign Technical Implementation Procedures (TIP) covering airworthiness issues. The bad news is that no other agreement (e.g., maintenance, simulators and flight training devices) is being discussed at this time because the issue of future cooperation in aviation and other industries is in the hands of the EU and UK politicians. EASA is waiting to see whether it will be allowed to negotiate further agreements with the UK CAA.
The EM.TEC discussed the use of prototype parts installed on an aircraft during the course of a certification project, typically an STC. EASA has indicated its current rules do not allow an aircraft to be approved for release to service with parts documented with a prototype EASA Form 1, even if the installer has determined the design data referenced in block 12 has been approved by virtue of the issuance of an EASA STC.
Unlike the FAA, EASA requires the production organization approval holder to reissue the prototype Form 1 as New for all such parts installed on the aircraft, causing delays in releasing the aircraft to service. EASA has indicated that a rulemaking would be required to change this policy and while industry does not agree with the agency’s position, that is where things stand pending further discussions. (Note: EASA has indicated verbally that it will accept prototype 8130-3s issued by U.S. suppliers to an EU design approval holder to accommodate the differences in the two regulatory systems. However, this policy is not in writing.)
Among the other issues discussed by the EM.TEC was the safety challenges associated with the post-pandemic increase in air operations, such as returning aircraft from short, medium or long-term storage. The committee also discussed policy adjustments needed to allow more flexibility for working away from a maintenance provider’s fixed location (i.e., mobile maintenance). As with prototype parts documentation, EASA’s “working away” rules are more proscriptive than the FAA’s, which allow such work to be performed on a recurring (but not continuous) basis in accordance with the repair station’s manual procedures.
The committee continued its consideration of the need to standardize policy to assure a level playing field for how component certifying staff are qualified. EASA has left this decision to its individual civil aviation authorities. Some EU countries require a separate license while others have opted to allow the maintenance organization to develop its own standards. The EM.TEC has recommended that EASA authorize all EU maintenance organizations, regardless of their location, to choose between the local’s authority’s licensing requirements for component certifying staff or its own internal qualification processes, thus leveling the playing field within the EU.
Finally, the committee was briefed on the status of MAG change 8, which recently entered into force. The most prominent aspect of the new revision involves the elimination of the country list in the bilateral aviation safety agreement between the U.S. and EU. This means that all EU countries will be treated the same for purposes of the TIP and MAG.
The next meeting of the EM.TEC will likely be held in December 2021. Most Committee members are looking forward to a resumption of in-person meetings. However, that remains to be decided based on whether the pandemic abates sufficiently to justify it. Even if the next meeting is held in-person, ARSA would support a hybrid option similar to what it is planning for future Annual Conferences.
To learn more about ARSA’s representation of the international maintenance industry, click here or contact the association.
May 6, 2020
On May 5, ARSA Executive Director Sarah MacLeod participated in a virtual meeting of EASA’s Engineering & Maintenance Technical Committee (EM.TEC). The session was held in lieu of the body’s originally scheduled gathering in Cologne, Germany.
The EM.TEC is one of several EASA stakeholder advisory bodies (similar to the FAA’s Aviation Rulemaking Advisory Committee) that meets twice yearly to discuss current issues primarily affecting the European maintenance industry, but also touching on international issues. Despite constraints on travel and physical proximity, the group was able to continue its work remotely (another example of the power – in period of crisis as well as normal operations – of the connectivity tools ARSA has been pressing the FAA to embrace since 2018).
The meeting was mainly to update members on several white papers and other matters that were being addressed outside the current crisis. It was mentioned several times that the international situation was bringing advancements that had positive ramifications for future use and collaboration between the public and the aviation safety agency.
The association will continue to engage with stakeholder groups and regulators regardless of policy or practical limitations on in-person meetings.
December 10, 2019
On Dec. 5, ARSA Managing Director & General Counsel Marshall Filler represented the association at the EASA Engineering & Maintenance Technical Committee (EM.TEC) meeting in Cologne, Germany. The EM.TEC is one of several EASA stakeholder advisory bodies (similar to the FAA’s Aviation Rulemaking Advisory Committee) that meets twice yearly to discuss current issues primarily affecting the European maintenance industry, but also touching on international issues.
Along with EASA’s Thaddee Sulocki, Filler briefed the EM.TEC on the October 2019 Maintenance Management Team (MMT) meetings among EASA, the FAA, Transport Canada and ANAC of Brazil (see the Nov. 1 “hotline highlight” by visiting arsa.org/hotline-highlight and scrolling down the page to the previous highlights). and the recently published EASA-FAA Maintenance Annex Guidance Change 7 (MAG 7; see arsa.org/mag for the most recent updates from ARSA).
Not surprisingly, there was considerable interest among EM.TEC members on the so-called Safe Aircraft Maintenance Standards Act (H.R. 5119) introduced by Rep. Peter DeFazio and reported last month to the full House of Representatives. Filler gave a short overview of what the legislation would do, focusing on the potential impact on the EU-U.S. bilateral aviation safety agreement, prompting one attendee at the EM.TEC meeting to say “we might as well tear up Annex 2” [which contains the maintenance provisions of the agreement] if the DeFazio bill becomes law. (See arsa.org/hr5119 to follow ARSA’s lead in opposing the bill.)
Of particular interest to ARSA members is the status of the EASA parts’ documentation and ICA rulemaking projects (NPAs 2017-19 and 2018-01). Look for an EASA Opinion to be issued before the end of the year after which it will be sent to the European Commission for review.
At the EM.TEC meeting, the AeroSpace and Defence Industries Association of Europe (ASD) presented a position paper on the requirements for component certifying staff in the EU. Under current regulations, that authority is left up to the individual EU Civil Aviation Authorities to decide, resulting in an unlevel playing field for industry since several authorities have adopted their own licensing requirements for component certifying staff while others leave this to the discretion of their approved maintenance organizations (AMO). The objective of the ADS paper is to provide an option for AMOs to either follow their respective national authority licensing rules or their own internal procedures for inclusion in the AMO’s Exposition. The EM.TEC supports this proposal and it has been presented to EASA for review.
December 4, 2018
The European Aviation Safety Agency’s (EASA) Engineering & Maintenance Technical Committee (EM.TEC) met in Cologne on Nov.13 for its semi-annual meeting. As he has since ARSA was invited to join the committee, Marshall Filler, ARSA’s Managing Director & General Counsel, attended on the association’s behalf.
Filler landed in Cologne immediately after traveling to Brasilia for an early-November meeting of the Maintenance Management Team (MMT). To review the quadrilateral group’s work during that event, visit arsa.org/mmt.
Several matters of significance were discussed by EM.TEC participants, including EASA’s recently-issued Frequently Asked Question (i.e., informal guidance) further defining “occasional line maintenance,” a briefing on the potential implications of a hard (i.e., no-deal) Brexit, an update on the progress of EASA’s Notice of Proposed Amendment relating to Instructions for Continued Airworthiness and an update on the recently-issued New Basic Regulation (NBR).
For a thorough review of these topics as addressed during the meeting, stay tuned for the November edition of the hotline – ARSA’s monthly members-only newsletter (don’t get your copy? We can help.)
June 14, 2018
On June 5, Marshall S. Filler, ARSA managing director & general counsel, represented the association at the bi-annual meeting of EASA’s Engineering and Maintenance Technical Committee (EM.TEC) in Cologne, Germany. The committee reports to the EASA Stakeholders’ Advisory Body (SAB) established for industry to actively participate in the agency’s activities.
After returning from Germany, Filler provided the following updates for the maintenance community regarding topics addressed by the committee:
Parts Documentation
EASA staff briefed the EM.TEC on the status of the agency’s rulemaking activities affecting continuing airworthiness. Of particular note is Rulemaking Task (RMT) 00-18 relating to the documentation of new parts to be installed during maintenance. Earlier this year the association filed comments to Notice of Proposed Amendment (NPA) 2017-19, which would authorize (but not require) design approval holders to determine the criticality level of each part in their approved designs. Only those parts with higher criticality levels would have to be accompanied by an EASA Form 1.
The outcome of this rulemaking is potentially important for U.S. and European industry as changes to EASA rules may impact the parts documentation requirements in the U.S.-EU Maintenance Annex Guidance (MAG). Currently, the MAG requires that an Authorized Release Certificate accompany all new parts to be installed during maintenance subject to the MAG, except for standard parts and parts fabricated during maintenance.
Industry comments are currently being reviewed and EASA hopes to publish an opinion during the last quarter of 2018, after which the document will be considered by the European Commission (EC). Because the NPA would change the current Implementing Rules, or “hard law,” the agency does not have the legal authority to issue the amendment as this is the exclusive province of the EC. While the briefing indicated that the EC’s review of the opinion should be completed by the last quarter of 2019, there are several EASA opinions still awaiting action by the EC, which is obviously pre-occupied with Brexit.
SMS Requirements
Another important rulemaking project discussed at the meeting is RMT.0251 relating to SMS requirements for EASA Part-145 organizations. An NPA is expected in the third quarter of 2018 with an EASA opinion expected next year. Although this rulemaking will not apply directly to U.S. repair stations holding an EASA Part-145 approval, it could very well become a special condition (similar to mandatory quality assurance) unless the FAA implements SMS for repair stations. (For now, the FAA is encouraging voluntary SMS programs for design, production and maintenance organizations.)
During the EM.TEC meeting EASA representatives sought the committee’s feedback on the desirability of implementing voluntary SMS programs in advance of rulemaking. Both ARSA and the Aircraft Electronics Association (AEA) expressed reservations that voluntary SMS programs are being designed for large aerospace companies and will be unduly burdensome for small to medium enterprises (SME) to scale down to fit their more limited operations. Both associations advocated a slimmer voluntary SMS program more suited to the SMEs which represent a significant majority of aerospace companies, while encouraging the larger companies to scale up as appropriate.
Working Outside
Another topic of interest for holders of EASA Part-145 certificates in the EU and those countries not covered by a bilateral agreement is whether an organization with an aircraft base maintenance rating (A1) may perform work outside its hangar in circumstances that would not impact the airworthiness of the work performed. This is currently allowed under FAA rules; however, EASA and several EU Competent Authorities have issued interpretations that require all base maintenance activities to be performed in a hangar.
The EM.TEC committee approved a draft Frequently Asked Question (FAQ) for posting on EASA’s web site clarifying that certain base maintenance tasks may be performed outside a hangar. EASA will evaluate the draft and advise the committee following its review. ARSA encouraged EASA staff to distinguish between the requirements for obtaining an aircraft base maintenance rating vs. whether certain tasks may be safely performed outside a hangar in accordance with procedures set forth in the organization’s Exposition.
Standardization
The committee also received a briefing from the General Aviation Manufacturers’ Association (GAMA) on the ongoing standardization challenges faced by industry in their dealings with the EU’s Competent. Standardization has always been one of EASA’s primary focus areas; however, as U.S. readers will readily appreciate, regulatory compliance decisions are often made based on factors other than the regulations and guidance, such as inspector opinions, past practices, personality and the like. Standardization is a big enough challenge for the FAA; imagine what it’s like under the EU system!
Brexit
Finally, the EM.TEC received a briefing on Brexit from EM.TEC Vice Chair Erik Moyson (Airlines International Representation in Europe) based on the EC’s Notice to Stakeholders dated April 13, 2018. While the terms of Brexit are in the hands of the politicians, industry must develop contingency plans if a “hard Brexit” occurs as currently scheduled on March 30, 2019. ARSA has previously informed members of several options for mitigating the risks of Brexit and will continue to do so in the months ahead – stay tuned to member newsletters as well as the association’s Brexit resource page (arsa.org/regulatory/easa/brexit). EASA also has a web page devoted to this issue.
Stay tuned for more updates on EASA technical and regulatory issues.
*The meeting occurred prior to the summer solstice (Thursday, June 21), so it technically was a spring event. However the issues covered in this piece will play out during summer 2018 and beyond, so the editor of this piece chose a title that looked ahead.
On June 5, Marshall S. Filler, ARSA managing director & general counsel, represented the association at the bi-annual meeting of EASA’s Engineering and Maintenance Technical Committee (EM.TEC) in Cologne, Germany. The committee reports to the EASA Stakeholders’ Advisory Body (SAB) established for industry to actively participate in the agency’s activities.
After returning from Germany, Filler provided the following updates for the maintenance community regarding topics addressed by the committee:
Parts Documentation
EASA staff briefed the EM.TEC on the status of the agency’s rulemaking activities affecting continuing airworthiness. Of particular note is Rulemaking Task (RMT) 00-18 relating to the documentation of new parts to be installed during maintenance. Earlier this year the association filed comments to Notice of Proposed Amendment (NPA) 2017-19, which would authorize (but not require) design approval holders to determine the criticality level of each part in their approved designs. Only those parts with higher criticality levels would have to be accompanied by an EASA Form 1.
The outcome of this rulemaking is potentially important for U.S. and European industry as changes to EASA rules may impact the parts documentation requirements in the U.S.-EU Maintenance Annex Guidance (MAG). Currently, the MAG requires that an Authorized Release Certificate accompany all new parts to be installed during maintenance subject to the MAG, except for standard parts and parts fabricated during maintenance.
Industry comments are currently being reviewed and EASA hopes to publish an opinion during the last quarter of 2018, after which the document will be considered by the European Commission (EC). Because the NPA would change the current Implementing Rules, or “hard law,” the agency does not have the legal authority to issue the amendment as this is the exclusive province of the EC. While the briefing indicated that the EC’s review of the opinion should be completed by the last quarter of 2019, there are several EASA opinions still awaiting action by the EC, which is obviously pre-occupied with Brexit.
SMS Requirements
Another important rulemaking project discussed at the meeting is RMT.0251 relating to SMS requirements for EASA Part-145 organizations. An NPA is expected in the third quarter of 2018 with an EASA opinion expected next year. Although this rulemaking will not apply directly to U.S. repair stations holding an EASA Part-145 approval, it could very well become a special condition (similar to mandatory quality assurance) unless the FAA implements SMS for repair stations. (For now, the FAA is encouraging voluntary SMS programs for design, production and maintenance organizations.)
During the EM.TEC meeting EASA representatives sought the committee’s feedback on the desirability of implementing voluntary SMS programs in advance of rulemaking. Both ARSA and the Aircraft Electronics Association (AEA) expressed reservations that voluntary SMS programs are being designed for large aerospace companies and will be unduly burdensome for small to medium enterprises (SME) to scale down to fit their more limited operations. Both associations advocated a slimmer voluntary SMS program more suited to the SMEs which represent a significant majority of aerospace companies, while encouraging the larger companies to scale up as appropriate.
Working Outside
Another topic of interest for holders of EASA Part-145 certificates in the EU and those countries not covered by a bilateral agreement is whether an organization with an aircraft base maintenance rating (A1) may perform work outside its hangar in circumstances that would not impact the airworthiness of the work performed. This is currently allowed under FAA rules; however, EASA and several EU Competent Authorities have issued interpretations that require all base maintenance activities to be performed in a hangar.
The EM.TEC committee approved a draft Frequently Asked Question (FAQ) for posting on EASA’s web site clarifying that certain base maintenance tasks may be performed outside a hangar. EASA will evaluate the draft and advise the committee following its review. ARSA encouraged EASA staff to distinguish between the requirements for obtaining an aircraft base maintenance rating vs. whether certain tasks may be safely performed outside a hangar in accordance with procedures set forth in the organization’s Exposition.
Standardization
The committee also received a briefing from the General Aviation Manufacturers’ Association (GAMA) on the ongoing standardization challenges faced by industry in their dealings with the EU’s Competent. Standardization has always been one of EASA’s primary focus areas; however, as U.S. readers will readily appreciate, regulatory compliance decisions are often made based on factors other than the regulations and guidance, such as inspector opinions, past practices, personality and the like. Standardization is a big enough challenge for the FAA; imagine what it’s like under the EU system!
Brexit
Finally, the EM.TEC received a briefing on Brexit from EM.TEC Vice Chair Erik Moyson (Airlines International Representation in Europe) based on the EC’s Notice to Stakeholders dated April 13, 2018. While the terms of Brexit are in the hands of the politicians, industry must develop contingency plans if a “hard Brexit” occurs as currently scheduled on March 30, 2019. ARSA has previously informed members of several options for mitigating the risks of Brexit and will continue to do so in the months ahead – stay tuned to member newsletters as well as the association’s Brexit resource page (arsa.org/regulatory/easa/brexit). EASA also has a web page devoted to this issue.
Stay tuned for more updates on EASA technical and regulatory issues.
*The meeting occurred prior to the summer solstice (Thursday, June 21), so it technically was a spring event. However the issues covered in this piece will play out during summer 2018 and beyond, so the editor of this piece chose a title that looked ahead.
May 24, 2017
On May 9, Marshall S. Filler, ARSA’s managing director & general counsel attended the EASA Engineering & Maintenance Stakeholder Technical Body (E&M STeB) in Cologne, Germany.
The meeting was chaired by Juan Anton, maintenance regulations section manager of the Flight Standards Directorate with the assistance of several of his colleagues. They covered a lot of ground, including the status of several EASA Opinions that were now subject to review by the European Commission (EC) because they involve changes to “hard law,” meaning amendments to the Basic Regulation or Implementing Rules under the EC’s jurisdiction. These included:
(1) Control of maintenance suppliers.
(2) Changes to Part-66 B2L and L licenses.
(3) Basic examinations by Part-147 schools.
(4) Part-ML and Part-CAO.
(5) SMS for CAMOs.
(6) Technical records.
(7) Maintenance check flights.
EASA staff also presented a compilation of the survey responses submitted regarding the proposed changes to Parts-147 and 66. ARSA and the Aviation Technician Education Council (ATEC) had submitted a joint response to the survey in February of this year (click here to read the associations’ response).
Of particular note is that EASA has prepared draft Terms of Reference (ToR) for a new SMS rulemaking affecting Part-145 maintenance organizations and Part-21 design and production organizations. The pertinent STeB members are reviewing that document as part of their consultative responsibilities. The ToR precedes the issuance of a Notice of Proposed Amendment (NPA) which is similar to an FAA Notice of Proposed Rulemaking (NPRM).
A copy of the complete May 9 STeB agenda may be found here.
Mr. Anton announced that, effective July 1, he will move to a Cybersecurity position in EASA’s Strategy and Safety Management Directorate. He will be replaced by Ms. Eugenia Díaz Alcázar, senior regulations officer for continuing airworthiness. Mr. Anton will retain his position as chair of the ICAO Airworthiness Panel which is improving Annex 8 (Airworthiness) and related guidance to support a greater degree of mutual acceptance of certification and surveillance findings by civil aviation authorities regarding approved maintenance organizations.
December 6, 2016
On Nov. 29 and 30, ARSA’s Managing Director and General Counsel Marshall S. Filler and Executive Director Sarah MacLeod participated in two EASA-hosted maintenance industry stakeholder meetings.
The pair was in Cologne, Germany primarily for the November 30th meeting of the Engineering and Maintenance Stakeholder Technical Committee (E&M STeB). The association had announced during its Strategic Leadership Conference in October that it had been invited by EASA to join this body.
Composed of industry groups and other interested parties, the STeBs’ role is to provide strategic advice and guidance to EASA and its Stakeholders’ Advisory Committee (SAB) on a wide range of issues including regulatory standardization, risk management and safety assurance. ARSA’s membership further formalizes the association’s growing role in transatlantic regulatory compliance, which was previously demonstrated by its year-long leadership of efforts to deal with parts documentation issues in the U.S.-EU Maintenance Annex Guidance (MAG).
The E&M STeB meeting provided further details on EASA’s new structure for its stakeholder advisory groups, the status of ICAO’s efforts to encourage the mutual recognition of approved maintenance organizations and a recently-initiated survey (similar to an Advance Notice of Proposed Rulemaking in the FAA system) to review and revise EASA-Parts 66 and 147. The survey is seeking industry input in advance of EASA issuing a Notice of Proposed Amendment. The STeB attendees also received a briefing on cyber security issues and additive manufacturing (i.e., 3D printing), the latter focused the committee’s attention on the importance of adopting performance-based regulations since they are better suited to accommodate regulatory oversight of “new” technologies.
Filler and MacLeod made the most of their European travels by also attending EASA’s Maintenance and Production meeting on Nov. 29th at EASA headquarters. Agenda items included updates on EASA’s bilateral agreements, recently-adopted rulemaking on critical maintenance tasks, EASA’s new regulatory structure for managing continuing airworthiness issues and its plans for implementing regulations requiring Safety Management Systems (SMS) for holders of design and production approvals, maintenance organization approvals and maintenance training organizations. EASA reiterated its commitment to expediting Rulemaking Task 0018 dealing with parts documentation. There appears to be a consensus building among the robust regulatory authorities that the Form 1, Form 8130-3 and similar certificates are not needed in the vast majority of cases. ARSA is hopeful these changes will reduce the regulatory burdens associated with the installation of airworthy parts during the performance of maintenance subject to one or more bilateral agreements.
Of particular note, Julian Hall, EASA’s Head of Maintenance and Production (in the Flight Standards Directorate) will become the Deputy Certification Director, effective Jan. 1, 2017. On that date, Ralf Erckmann, currently Acting Deputy Certification Director, will replace Hall as Head of Maintenance and Production. These personnel changes are significant because they are intended, in part, to help EASA improve its communications between its Certification and Flight Standards Directorates (sound familiar?). This isn’t the first time that managers have made the switch between the two directorates but it is a welcome development for those, like this association, that prefer to view the regulations as a system rather than a series stand-alone requirements.
For Filler and MacLeod, it was a familiar experience – grappling with the universal challenges in implementation and consistency of aviation safety regulations. Just as the FAA struggles to enforce its rules across a vast network of regional and district offices in the United States, EASA must operate through and navigate around the pressures of member states spread across a continent.
As the only association dedicated to maintenance organizations, ARSA’s expanding global presence is key to its service of repair stations doing business in a worldwide market. Members should not only stay tuned for more updates as association executives travel the world on their behalf, but also be prepared to support efforts that expand ARSA’s work.
October 6, 2016
On Oct. 6, during its annual Strategic Leadership Conference (SLC), ARSA announced it would be nominating a representative to the Engineering and Maintenance Stakeholder Technical Body (E&M STeB) overseen by EASA’s Management Board.
The STeB’s role is to provide strategic advice and guidance to the management board on a wide range of topics. Focus areas include implementation/standardization issues, risk management and rulemaking impact assessment. EASA is developing similar boards to support aviation safety oversight and gather input from stakeholders across the aviation community. Each board, composed of industry groups and other interested parties, operates in support of EASA’s newly-established Stakeholder Advisory Board (SAB).
Through membership on the E&M STeB, ARSA will further formalize its growing role in transatlantic regulatory compliance. Since September 2015, the association has led an industry-wide effort to address issues stemming from new parts documentation requirements in the U.S.-EU Maintenance Annex Guidance (MAG).
“ARSA is very pleased to receive this invitation and looks forward to further collaborations with EASA and other members of the E&M STeB,” said Marshall S. Filler, the association’s managing director and general counsel. “ARSA will continue its advocacy role on behalf of the global maintenance industry and appreciates the opportunity to participate in this important advisory body.”
The SLC was the perfect platform for ARSA to highlight its expanding global impact. The annual roundtable-style meeting provides senior maintenance executives from around the world an open forum with representatives from the International Air Transport Association (IATA), the International Civil Aviation Organization (ICAO), the FAA, EASA and other aviation community stakeholders.
Having received a formal invitation to join the STeB, ARSA’s focus turns to selecting its nominees, determining logistical needs and rallying support for its participation.
To see what else happened in Montreal, visit arsa.org/slc-2016.
