The Aviation Safety Agreement Between The United States .
The Aviation Safety AgreementBetweenThe United States andThe European CommunityEASA/FAA Workshops in the US, September 2011
Introduction to the U.S./ECAviation Safety AgreementAGREEMENTBETWEEN THE UNITED STATES OF AMERICAAND THE EUROPEAN COMMUNITYON COOPERATION IN THE REGULATIONOF CIVIL AVIATION SAFETY2
IntroductionKarl Specht EASA, Continuing AirworthinessOrganisations ManagerLuis Pires EASA, International StandardisationCoordinatorJulian Hall EASA, Representative Washington DCMarty Bailey FAA, Repair Station Branch ManagerWashington DCLes Monteiro FAA, Repair Station BranchWashington DC3
AgendaNEW Agreement & AnnexesMaintenance Annex Guidance–Section A – Authority to Authority–Section B – U.S. Based Repair Stations–Section C – EU Based Maintenance OrganisationsSupplement Example4
What is the Bilateral Agreement?Bilateral agreementIt is a cooperative agreement between theUnited States and the European UnionReduces redundant regulatory oversightMinimize duplication of effort, increase efficiencyBuild a partnership of competent civil aviationsafety regulatory authorities5
What is a Bilateral Agreement?(Continued)Bilateral AgreementDoes not relieve FAA, EASA and theAA’s of their statutory responsibilitiesto “make findings of compliance” withregulations; however Does provide an alternative meansfor the Authorities to make theirfindings,” using the system of theother signatory country to themaximum extent practicable6
Principles of Bilateral AgreementsBilateral AgreementIs between the United States and EuropeanUnion, not industryPromotes reciprocal acceptance of findingsand approvals, not mutual recognitionIs based on systems that produce equivalentresults, though processes and proceduresmay be differentIs based on acceptance of a system.7
The U.S./EU Aviation Safety AgreementThe agreement with the European Union is anagreement “On Cooperation in the Regulation ofCivil Aviation Safety.”The Agreement and it’s Annexes may be found atFAA: http://www.faa.gov/aircraft/repair/EASA: sations-located-in-theunited-states.phpThe Executive Agreement and its Annexes areBINDING in international law8
Introduction to the New U.S./EU AviationSafety AgreementAviation Safety Agreement covers:– Airworthiness and environmental certification,and– Maintenance9
Components of the New AviationSafety Agreement FormatSafety Agreement betweenthe United States andEuropean UnionBetween the FAA and EASATier 3ExecutiveAgreementTier 1 AnnexesTier 2TechnicalImplementationProceduresAnnex 1: Airworthiness andEnvironmentalCertificationAnnex 2: MaintenanceLevel of detail increases with each tierFAAEASAMaintenance AnnexGuidance
Executive AgreementThe Executive Agreement is an umbrellaagreement defining U.S./EU cooperation inaviation safety.It is unique in that the agreement is withthe EU, not with an individual countryApplicable to the United States and EUMember States contained in Annex 2,Appendix 2 In other words, this agreement is the,first aviation safety bilateral that isAviation Safetymultilateral in its scope
Executive AgreementThe purposes of this Agreement are to:Enable the reciprocal acceptance of findingsof compliance and approval issued by theTechnical Agents and Aviation AuthoritiesPromote a high degree of safety in airtransportEnsure the continuation of the high level ofregulatory cooperation and harmonizationbetween the Unites States and theEuropean Union12
Executive AgreementThe scope of cooperation under thisAgreement is:Airworthiness approvals and monitoringof civil Aeronautical products.Environmental testing and approvals ofcivil aeronautical products; andApprovals and monitoring of maintenancefacilities13
Executive AgreementNew provisions in Executive Agreement:Regulatory cooperationThis requires the Technical Agents to develop and adoptprocedures for regulatory cooperationFormal oversight boardBilateral Oversight Board (BOB) defined in Article 3 of theexecutive agreementDetailed dispute resolution provisionsProcedures for the suspension of acceptance offindings of compliance and approvalsAdditional details in the Annexes to the Agreement14
Executive AgreementThe Executive Agreement contains 19articles and two annexes.Annex 1 : Airworthiness andEnvironmental CertificationAnnex 2 : MaintenanceAnnex 2 of the Agreement mandatesthe JMCB to develop Guidance MaterialThis guidance is known as theMaintenance Annex Guidance (MAG)15
Executive Management - BOBThe Bilateral Oversight Board is composed ofrepresentatives of:The United States of America, which shall bethe Federal Aviation Administration (co-chair)The European Union, which shall be theEuropean Commission (co-chair) assisted bythe European Aviation Safety AgencyThe Certification Oversight Board (COB) andthe Joint Maintenance Coordination Board(JMCB) report to the BOB16
Executive Management - COBThe Certification Oversight Board isestablished under Annex 1 of theAgreement as a joint technicalcoordination body, that includes:Representatives from each TechnicalAgent responsible for airworthiness andenvironmental certification, qualitymanagement systems and rulemaking.17
Executive Management - JMCBThe Joint Maintenance CoordinationBoard is established under Annex 2 of theAgreement as a joint technicalcoordination body which has beenestablished under the joint leadership of:The EASA Director responsible forOrganisation Approvals andthe FAA Director of Flight Standards (AFS-1)18
JMCB GeneralJoint Maintenance Coordination Board LeadershipEASADirector responsiblefor OrganizationApprovalsFAADirector of FlightStandards (AFS-1)19
Joint Maintenance Coordination BoardThe JMCB is required to:Meet at least once a year to ensure the effectivefunctioning of the Maintenance AnnexReport unresolved issues to the Bilateral OversightBoard (BOB)Ensure the implementation of any decisions reachedby the BOBThe JMCB may task sub-groups as necessary toaddress specific technical issuesThe JMCB develops, approves, and revises theMaintenance Annex Guidance (MAG) asnecessary20
Agreement/Annex 2/MaintenanceAnnex 2, Maintenance Consistent with Article 4.A. of the AgreementAnnex 2 covers the reciprocal acceptance offindings of compliance, approvals, documentation,and technical assistance regarding approvals andmonitoring of repair stations/maintenanceorganizations Identifies differences (Special Conditions) that must beaddressed during certification
Agreement/Annex 2/MaintenanceAnnex 2 (Key Points)Outlines the procedures for implementingthe provisions of the agreement thatapply to maintenanceBASA/MIP’s will remain in place inFrance, Germany & Ireland until they aretransitioned to the new Agreement22
Agreement/Annex 2/MaintenanceThe FAA and EASA have determined therequirements in CFR Parts 43 and 145that are not covered in the EASA rulesand are contained in the FAA SpecialConditions of the Maintenance Annex 2As a result, an AMO complying with EASArequirements and the FAA SpecialConditions in the Maintenance Annex 2complies with CFR Parts 43 and 14523
Agreement/Annex 2/MaintenanceThe FAA and EASA have determined therequirements in EASA Part 145 that arenot covered in the FAA rules and arecontained in the EASA SpecialConditions of the Maintenance Annex 2As a result, a Repair Station complyingwith CFR Parts 43 and 145 and the EASASpecial Conditions in the MaintenanceAnnex 2 complies with EASA Part 14524
Maintenance Annex Guidance (MAG)The Maintenance Annex Guidance issubdivided into sections A, B, and CThe MAG details EASA, FAA, and applicantactions required to be taken to be incompliance with the AgreementThe Agreement between the FAA and theEU permits reliance on each otherssurveillance systems to the greatest extentpossible25
MAG Section A: Part IGeneralPurposeThe purpose of this Section A of the MAGis to define the procedures between theFederal Aviation Administration (FAA),the European Aviation Safety Agency(EASA) and the Aviation Authorities(AAs)26
MAG Section A: Part IGeneralCommunications and TrainingCommunications between authoritiesThe FAA, EASA, and AA’s need to keep each otherinformed of significant changes within their respectivesystems concerning:responsibilityorganizational structuresignificant revisions to an AMO’s systems standards orproceduresrevision by the FAA, EASA or an AA to publishedmaterialsRequirements for The Agreement trainingFAA, EASA, and AA personnel should receive training in: maintenance annex special conditions, and certification procedures.27
MAG Section A: Part IGeneralTechnical Consultations and Issue ResolutionsTechnical consultations between the FAA and EASAFor technical consultations the FAA Director ofFlight Standards and the EASA Director responsiblefor Organization oversight agree to consult asnecessaryInterpretations and resolution ofissues between the FAA and EASA The FAA and EASA agree to addressinterpretations and resolution of issues Try to resolve the issues at the lowestpossible level Procedures are in MAG, Section A, PartI, Paragraph 528
MAG Section A: Part IIIntroductionCooperation in Quality Assurance andStandardization ActivitiesFAA and EASA focal points should meet and communicate ona regular basisAllow for mutual attendance as observers in each other’sactivities29
MAG Section A: Part IIStandardization of EU Member StatesFAA involvement as observersConduct of inspectionOn site visitsInspection reports of Aviation AuthorityRegulations and proceduresEASA verification of compliance with terms of The Agreement30
MAG Section A: Part IIQuality Assurance and Standardization ActivitiesImplementation of the EU-EASA Standardization in EUMember States Are carried out inaccordance with theapplicable EASA regulations– Used to establish theEASA working methods ofStandardization Teams forconducting inspectionswithin the EuropeanUnion31
MAG Section A: Part IIQuality Assurance and Standardization ActivitiesFlight Standards Evaluation Program (FSEP) The Agreement allows for EASAparticipation as an observer inFAA FSEP internal audits EASA participation is limited toCFR parts 43 and 145, and EASASpecial Conditions32
MAG Section A: Part IIQuality Assurance and Standardization ActivitiesIn order to promotecontinued understandingand compatibility in eachother’s maintenancesystems, FAA and EASAneed to consult andshare information onquality assurance andstandardization activitiesThis is achieved throughthese four programs,processes, and systemsIn the European Member StatesEASA Standardisation Inspections(By EASA)EU Sampling Inspection System (ByFAA)In the United States of AmericaFlight Standards Evaluation Program(By FAA)US Sampling Inspection System (ByEASA)33
MAG Section A: Part IIFAA Sampling System in the EUFAA Responsibilities:Sampling Inspection Schedule:Eastern Region Coordinator will developthe FAA Sampling System schedule usingobjective criteriaFrequency may be tied to successfulimplementation of the EASA audit programof FAA Special ConditionsAnnual schedule must be provided inadvance to EASA for coordination with theAviation Authorities34
MAG Section A: Part IIEASA Sampling System SIS in the USA SIS sampling visit scheduleis established by the EASADirectorate responsible forStandardization to check thatthe Agreement is beingimplemented in the UnitedStates in accordance with itsterms.35
MAG Section A: Part IIEASA Sampling Inspection System in the USEASA monitors FAA compliance with the AgreementMode of operationForms usedFiles kept36
MAG Section A: Part IIEASA Sampling Inspection System in the USEASA provides the FAA NationalCoordinator with an annual schedule ofregions to be visitedThe FAA National Coordinator advises theappropriate Regional Coordinator(s)The FAA Regional Coordinator coordinatesand attends the Sampling InspectionSystem visitThe principal inspector responsiblefor the repair station visited shouldaccompany the SIS team.37
MAG Section A: Part IIEASA Sampling Inspection System in the USFAA Administrative DutiesPrincipal Inspector will provide the followinginformation to EASA through the Regional Office: The repair station VIS dataHotel informationGround transportation InformationMeet the EASA team at the hotel(at a minimum the morning of thefirst day)38
MAG Section A: Part IIEASA Sampling Inspection System in the USEASA visitFSDO:-Briefing of FAA and Industry-Review of Files of EASA approved repair stations-Interviews of Inspectors-Review of EASA TrainingSample Repair stations:-Review of a complete repair process including all requiredfacilities-Review of release documentation (8130-3 Dual Release)-Review of Quality Management system and audit reports-Interview of management staff and inspectors39
MAG Section A: Part IIEASA Sampling Inspection System in the USForms used:SIS Form 8 US, visit report of organisationSIS Form 8SIS Form 10 US, visit report of FSDOSIS Form 1040
MAG Section A: Part IIEASA Sampling Inspection System in the USSIS team Findings:It is the FAA inspectors responsibility to ensuresatisfactory corrective action is taken with the repairstation Form 8 findingsThe FAA Regional Coordinator needs to be keptinformed of any proposed action. The RegionalCoordinator will report to EASAThe Joint Maintenance Coordination Board (JMCB)will perform an annual review of SIS findings andcorrective actionsWhile not explicitly stated in the MAG, the FAAFSDO, Regional Coordinator, and PrincipalInspector all have responsibilities in this area.41
FAA and EASAReciprocal Acceptanceof Repair Data withinthe United States andEuropean UnionPresented to: Workshop on the Implementation of Annex 2(Maintenance) to the Agreement between USA and EU
Briefing Points The FAA and EASA have agreed to reciprocalacceptance of repair data. Implemented through the new US/EU AviationSafety Agreement, effectiveMay 1, 2011Annex 1, paragraph 3.2.7 Technical Implementation Procedures, paragraph 3.3 Implemented prior to May 2011 through BilateralAviation Safety Agreements ImplementationProcedures for Airworthiness with 6 EU memberstates.
Briefing Points FAA and EASA will accept each others approved repair design dataregardless of State of Design of the component/product.Two processes established:– Streamlined Reciprocal Acceptance of repair data for non-criticalcomponents and critical components developed by the TC/STC holder– Formal approval of critical component repair data developed by a thirdparty
Process 1: Streamlined acceptance ofrepair dataUS to EUROPE:EASA has certificated/validated theproduct or appliance, i.e. the producthas an EASA TC/STC or ETSOapproval.FAA is the authority of the State ofDesign for the repair design data.Data approved using the FAA system,major repair data approval via anFAA letter, FAA Form 8110-3, 8100-9or 337
Process 1: Streamlined acceptance ofrepair data (continued)EUROPE to US:FAA has certificated/validatedthe product, part, appliance orcomponent (i.e. the producthas an FAA TC/STC or TSOapproval).EASA is acting on behalf of theState of Design for the repairdesign data.
Process 1: Streamlined acceptance ofrepair data (continued)EUROPE to US continued:EASA repair design data approval issubstantiated via an EASA repairdesign approval letter or a repairdesign approval issued under aDesign Organisation Approval(DOA), andThe repair is not in an area that issubject to an FAA AD, unless theAD allows for acceptance of anEASA repair design approval
Acceptance of repair dataFAA and EASA have agreed to accept eachother’s systems for the classificationand approval of repair data.Data must have a local approval.FAA approval for repairs designed in the USsystem;EASA approval for repairs designed in theEU systemRemember, FAA or EASA mustapprove/accept the repair design dataunder its own system before the otherbilateral partner can accept it.
Process 2: CRITICAL COMPONENTSFormal Approval of Critical Component RepairData (by other than the TC/STC holder)Make application through FAA/EASA:Fast track process when the FAA or EASAcan confirm that the applicant has enteredinto an arrangement with the TC/STCholder for this data.Validation process is required when there isno arrangement with the TC/STC holder.FAA or EASA will issue its own approval ofthe critical component repair.
SUMMARYFAA and EASA will accept each othersapproved repair design dataregardless of State of Design of thecomponent/product.Critical components will requireadditional review.
MAG Section BCertification processforUS based Repair Staions
MAG Section BUnderstanding the EU/US AgreementMaintenance Annex Guidance (MAG)HOWa repair stationin the US may qualifyfor EASAapproval52
MAG Section BOverviewCertification Process for US Based Repair Stations(Applicable to Industry/Authority)Initial Certification ProcessRenewal Certification ProcessSignificant Findings and Enforcement ActionExtensionsChange / Amendment Certification ProcessCompliance with EASA ratings –Annex II Commission Regulation (EC) 2042/2003Work Away from a Fixed LocationRevocation and SuspensionAppeal and Conflict ResolutionTransitionAppendices and Forms53
MAG Section BObjectivesThe FAA should be able to:Assist applicants on initial, continuation and amendmentapproval as per the Maintenance Agreement with EASADetermine the roles and responsibilities required to completethe flow of actions for certification (initial, renewal,amendment) contained in the MAG Section BIdentify the basic requirements and formal processes relatingto EASA approval under MAG Section BReview an applicant’s EASA Supplement as specified in MAGSection BDescribe the actions required to accept revisions to an EASASupplement on behalf of EASAIdentify and complete the required forms to complete thecertification processDetermine the requirements for making a recommendation forEASA approval54
MAG Section BInitial Certification ProcessKey ConceptsThe Process:Who has to take actionWho needs to be informedWhen the action is takenWhat forms are neededWhich are the officialreference documentsWhat needs to be done in caseof significant findings orcertificate action55
MAG Section B: Part IInitial Certification Process - OverviewOrganization1. FAAActionSend the applicant a copy of the MAG withEASA Form 16 application and an exampleEASA SupplementSubmit: to FAA2. Applicant3. FAA Statement of need 2 copies of EASA Form 16 EASA Supplement Comply with EASA Fees Review and accept supplement Conduct an audit/inspection Line station authorisations Send recommendation package56
MAG Section B: Part IInitial Certification Process - OverviewOrganization4. EASAAction Review, and take appropriate action.Invoice the applicant. Issue EASA Form 3 approval certificate The Regional Coordinator forwards a copy of the EASA5. FAAcertificate to FAA Principal Inspector. FAA Inspector adds the EASA Supplementary conditionsfuture FAA oversight audits of the repair station.57
MAG Section B: Part IInitial Certification ProcessOrganization1. FAAActionSend the applicant a copy of the MAG withEASA Form 16 application and an exampleEASA Supplement.58
MAG Section B: Part IInitial Certification ProcessOrganization2. ApplicantActionSubmit to FAA: 2 completed copies of EASA Form 16Statement of needEASA SupplementMAG B, Appendix 2 – EASA Form 16MAG B, Appendix 1 – Example EASA SupplementAdditional GuidanceThis package must be submitted to the supervising FAA Flight Standards DistrictOffice (FSDO) at least 60 days prior to the date initial approval is required.59
Statement of NeedThe repair station must submit writtenconfirmation of the need for an EASAPart-145 Approval which may be in theform of a letter of intent, a work order or acontract with details of the relevantcustomerA relevant customer may be an EASAPart-145
quality assurance and standardization activities This is achieved through these four programs, processes, and systems Quality Assurance and Standardization Activities MAG Section A: Part II EASA Standardisation Inspections (By EASA) US Sampling Inspection System (By EASA) EU Sampling Inspection System (By FAA) Flight Standards Evaluation .
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