The Agency's Rulemaking Directorate contributes to the production of all EU legislation and implementation material related to the regulation of civil aviation safety and environmental compatibility. It submits opinions to the European Commission and must be consulted by the Commission on any technical question in its field of competence. It is also in charge of the related international co-operation. Experts within the Rulemaking Directorate have direct contact with all relevant stakeholders, and make use of the knowledge available within industry and national administrations across the European Union. The Agency's team of experts is composed of persons with a recognised background in aviation and Community regulation, and is led by Mr. Jules Kneepkens.
The Basic Regulation establishes Community competence for the regulation of the airworthiness and environmental compatibility of aeronautical products, parts and appliances, pilot licensing, air operations and third country aircraft. Since October 2009, the scope of the regulation has also been extended to the safety regulation of airport operations and air traffic control services.
On a more practical level, the regulatory framework for achieving the Article 2 objectives is provided within Article 18 of the Basic Regulation:
The Agency shall, where appropriate:
Operationally, the procedure to be followed for producing rules is further defined by the Management Board MB Decision 01/2012, which describe the rulemaking procedure. According to this procedure a set of internal procedures and work instructions on programming and processing of rulemaking tasks is under revision to reflect the new MB. The previous versions of the internal procedure documents are available in the Procedures and Work Instructions page.
Two consultative bodies have been set up to provide the Agency with a forum for consultation of interested parties and national authorities on all aspects of the rulemaking process.
If the published document is an Agency Opinion, the decision-making process continues outside of EASA’s remit. The responsibility now lies with the European Commission. The decision for adoption or further amendment of the rule will be taken in the so-called comitology procedure.
Most EASA Opinions are handled through the comitology procedure. Amendments to the Basic Regulation, however, are handled by the Council and the EU Parliament. They do not go through comitology procedure.
The Agency provides advice on aviation safety and environmental protection regulations and on best implementation means to the European Commission, to the competent authorities in charge of enforcement and to the regulated persons.
The resulting documents include:
The Agency has adopted its 4-Year Rulemaking Programme for 2013-2016.
The drafting of rules requires that appropriate risk and regulatory impact assessments are made to justify any change. The Agency contracts therefore dedicated studies and research activities to external consultants when it does not have the necessary in-house expertise. These studies are published under Rulemaking Studies and Research Activities page.
The Agency has reached an agreement with the U.S Federal Aviation Administration (FAA) and Transport Canada (TCCA) to promote Rulemaking Co-operation amongst the organisations. The full text of these agreements can be accessed here:
The Rulemaking Directorate comprises seven departments: