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EASA Born, but Was It Premature?

The European Aviation Safety Agency (EASA)-Europe's equivalent of the FAA-came into being on 28 September, and will gradually replace the JAA (Joint Aviation Authorities). EASA will be responsible for all civil aviation rule making and licensing Europe-wide, and unlike the JAA will also become the legal authority.

But the transition won't happen until 2008-10, and until then the JAA will continue to operate, but with the legal responsibilities still in the hands of national aviation authorities. As EASA takes over full control the JAA will have an ever-diminishing lifespan.

Patrick Goudou has been installed as EASA's executive director, but four key directors for rule-making, certification, quality standardization and administration have yet to be appointed, so although EASA's doors are officially open, and real decision-making won't start until February 2004.

Concerns were expressed at a recent Aviation Week MRO conference in the UK over the lack of re-licensing information during the transition period. Delegates from mainland Europe claimed that they had received no-or very little-information from their respective national aviation authorities.

Jim McKenna, chief surveyor and head of aircraft maintenance standards at the UK's Civil Aviation Authority said, "As far as the CAA is concerned UK JAR-145-approved maintenance providers don't have to re-apply [for approval] and we will position them across into EASA's new Part 145 approval as we gradually develop the implementation plan during the next 12 months."

Responsibility for overseas JAR-145-approved companies will fall to EASA. By February 2004 the agency should be in a position either to negotiate contracts with the various aviation authorities to continue delegated oversight, or will direct oversight from its Brussels HQ.

JAR-145-approved maintenance companies in the United States would become the subject of bi-lateral agreements between the U.S., EASA and the European Union. That brings in a whole new range of political questions, as bi-laterals are normally between states, whereas the EU represents a number of countries but is not itself a state.

EASA re-implementation of JAR-OPS is "a year or two down the road," according to McKenna, and is currently being discussed, with new legislation due by 2005. EASA's legal responsibility for licensing air traffic management and airports should come on line in 2008-10.

"In effect, EASA is not taking management responsibility or transferring business or activity away from Europe's national aviation authorities. It will eventually take on a lot of certification responsibilitybut not actually involve itself in the day-to-day implementation of requirements; that will be left to the national authorities as it is at the moment. We should end up with rules being agreed through EASA, in much the same way as rules were agreed through the JAA, although EASA will have more legal standing through the European Commission," said McKenna.

For the foreseeable future and particularly in the area of rule making, the JAA will continue operating, under contract to EASA.

--Mike Vines

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