Rulemaking directorate

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.

Rulemaking Director

Jules KNEEPKENS, Rulemaking Director

The Scope of Competence

Currently 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. Work is underway to extend the scope of the Basic Regulation to the safety regulation of airport operations and air traffic control services.

rulemaking

Rulemaking FAQ - Frequently Asked Questions

Common questions addressed to the Rulemaking Directorate are created and updated on the Agency's Rulemaking FAQ page.

A Brief Introduction To The Rulemaking Directorate

The Rulemaking Directorate's objectives are defined clearly in Article 2 of the Basic Regulation which establishes the Agency. These can be summarised as:

To establish and maintain a high uniform level of civil aviation safety throughout all the Member States;
To ensure a high uniform level of environmental protection throughout all the Member States;
To facilitate the free movement of goods, persons and services;
To promote cost-efficiency in the regulatory and certification processes;
To promote Community views regarding civil aviation safety standards and rules throughout the world.

The Rulemaking Process

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:

issue opinions addressed to the Commission;
issue certification specifications, including airworthiness codes and acceptable means of compliance, as well as any guidance material for the application of this Regulation and its implementing rules;

Operationally, the procedure to be followed for producing rules is further defined by the Agency Management Board Decision no. 8/2007, which specifies a Standard rulemaking procedure in its Section 2. According to this procedure a set of internal procedures and work instructions on programming and processing of rulemaking tasks was developed and adopted. The complete set of documents is available here.

Two consultative bodies have been set up, the Safety Standards Consultative Committee (SSCC) and the Advisory Group of National Authorities (AGNA), to provide the Agency with a forum for consultation of interested parties and national authorities on all aspects of the rulemaking process.

Agency Rulemaking process

The Results - Agency Rules

Agency rules are texts which provide 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.

Agency Rules include:

Opinions for Community legislation
An opinion is a draft of legislation which is sent to the European Commission. It is further processed either by the European legislator (The Council of Ministers and the European Parliament) or the European Commission before legislation is enacted. Examples include amendments to the EASA Basic Regulation and its implementing rules.
Certification specifications and guidance material for the application of Community law
These items do not constitute mandatory requirements, and are simply the Agency's technical interpretation of Community legislation. These items aim to assist in the implementation of the law and they are frequently referred to as 'soft law'. The regulated persons are not obliged to comply with these items, but certificates shall be issued and maintained if they are complied with. They take the form of Executive Director Decisions.

Current activities

The Agency has adopted its link 4-Year Rulemaking Programme for 2010-2013

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:

FAA-EASA Rulemaking Co-operation

TCCA-EASA Rulemaking Co-operation

Rulemaking units

The Rulemaking directorate comprises seven departments:

Feedback

Rulemaking general inquiries: If you have any questions relating to the Agency's Rulemaking Activities, please send an e-mail to:

Website feedback: The Rulemaking Directorate welcomes feedback on how it can improve the information it publishes on the Agency website. If you have any comments or suggestions, please send them to us via: