OPS.055 Comment Review Group Meeting #1 18-19 April 2011 1
Membership Chairman: CHÊNE, Claude Independent Advisor HERNÁNDEZ ANTÚNEZ, María Aránzazu EC DG-TREN (Observer) Secretary: CLUZEAU, Jean-Marc EASA HUGUENOT, Nicole ERA BARBA, Gustavo ECA JONES, Kathryn CAA-UK BAUER, Kai EASA THEODORO, Louis DGAC France BOER, Leonard CAA-NL PELAN, Jill ETF CERTAIN, Jean-François AEA SIMONCINI, Luigi ENAC COUTELIER, Daniel ETF TRAP, Leo IACA CLAYTON, Ian ELFAA ULLVETTER, Christer CAA-Sweden EGERER, Julia EASA VON SCHÖPPENTHAU Philip ECA FAMIN, Dannys EBAA WILLIAMS, Russell ECA 3 3
EASA Rulemaking Procedure Kai Bauer Rulemaking - Impact Assessment 4
Rulemaking Procedure - Outline EASA Phase 1: Programming Phase 2: 4-year Rule making Programme Rule Development Opinion Decision Directly applicable soft law: CS, AMC & Guidance material 5 5
Rulemaking Procedure - Outline EASA European Commission Phase 1: Programming Phase 2: 4-year Rule making Programme Rule Development Opinion Decision Drafting Drafting, Comitology, Scrutiny Proposal CION Regulation Commission Regulation Implementing Rules Regulatory with scrutiny Parliament or Council may oppose the proposal 6 6
Rulemaking Procedure - Outline EASA European Commission Parliament & Council Phase 1: Programming Phase 2: 4-year Rule making Programme Rule Development Opinion Decision Drafting Drafting, Comitology, Scrutiny Proposal CION Regulation Co- Decision Regulation Council & Parliament Regulation Basic Regulation 7 7
Rulemaking Procedure Phase 2: Rule development 4-year Rule making Programme Develop and consult ToR ToR Analyse issue and develop options NPA Phase RIA Draft 2: Rule development Rule RIA Public Consult ation CRD Final review Decision Opinion 8 8
Rulemaking Procedure Phase 2: Rule development 4-year Rule making Programme Task initiation ToR Analyse issue and develop options RIA Draft Rule NPA Public Consult ation CRD Final review Decision Opinion 9 9
Rulemaking Procedure Phase 2: Rule development Rule development can take place in three formats: Agency, group or international 4-year Rule making Programme Task initiation ToR Analyse issue and develop options RIA Draft Rule NPA Public Consult ation CRD Final review Decision Opinion 10 10
Rulemaking Procedure Phase 2: Rule development In the case of a group task, these are the phases, where the groups may contribute 4-year Rule making Programme Task initiation ToR Analyse issue and develop options RIA Draft Rule NPA Public Consult ation CRD Final review Decision Opinion Contribution by Rulemaking Groups Contribution by Review Group 11 11
Rulemaking Procedure The role of rulemaking groups Provide technical expertise and experience to the rulemaking effort Provide input to milestone documents: Draft RIA, Draft NPA, Draft CRD Review milestone documents: Draft RIA, Draft NPA, Draft CRD 12 12
OPS.055 Terms of Reference 13
OPS.055 ToR subject matter Updating of Flight and Duty Time Limitations and rest requirements for commercial air transport (CAT) with aeroplanes taking into account recent scientific and technical evidence 14
OPS.055 ToR objectives To fulfil the task as required by the legislator taking into consideration all relevant recent publicly available studies/evaluations and operational experience: by reviewing the flight and duty time limitations and rest requirements specified in Subpart Q, by addressing those areas/points in EU-OPS Subpart Q currently subject to national provisions in accordance with Article 8.4 of Regulation 3922/91 (e.g. extended FDPs with augmented flight crew, split-duty, time-zone crossing, reduced rest and standby), and by submitting regulatory proposals (IR, CS, AMC, GM) based on the preferred option retained after completion of a regulatory impact assessment. 16
NPA Comments 49815 comments from 2715 Commenters 2629 individual commenters placed 46995 comments ~95% of them are UK pilots placing an average of ~18 identical/similar comments More than 46000 comments are duplicate Same comments often assigned several times to irrelevant paragraphs, makes the review even more difficult. Actual total number of single comments ~3700 EASA in the process of sorting/grouping comments, using Discover Text (designed by the University of Massachusetts for Government Agencies to deal with large amounts of comments on legislative proposals. ) Detailed review of comments will start after that phase. First phase will focus on the questions to Scientists based upon comment screening. 21
NPA Comments Number of comments per group NAAs 384 Crew Association Individual Operators Airline Association 1.485 748 199 Personal 46.999 0 10.000 20.000 30.000 40.000 50.000 22
NPA Comments Number of comments per group (without duplicates) NAAs 384 Crew Association 1.485 Individual Operators 748 Airline Association 199 Personal 900 0 500 1.000 1.500 2.000 23
NPA Comments Number of comments per NAAs 60 27 14 37 19 33 22 1 66 7 69 UK 80 70 60 50 40 30 20 10 0 24 Hungary The Netherlands Norway France Italy Irland Germany Austria Sweden Finland
NPA Comments Number of comments by operators per region UK Ireland Germany Austria Portugal The Netherlands International Belgium Spain Sweden Norway Luxembourg US Denmark Slovenia Latvia Finland 30 28 22 11 9 5 3 2 2 1 1 1 51 77 98 150 257 0 50 100 150 200 250 300 25
NPA Comments Number of comments per nationality (excluding individual comments) UK Germany European Austria Ireland Norway The Netherlands France Czech Republic Sweden Italy Spain Latvia Switzerland Hungry International Portugal Belgium Finland Luxembourg Denmark US Slovenia None European 22 8 3 3 2 1 1 148 134 116 98 90 80 75 60 57 51 212 200 199 194 270 316 459 0 100 200 300 400 500 26
NPA Comments Number of comments by Individual per region 1% UK Other 99% 27
Scientists Selected NAME NAME Organisation NAME NAME Organisation NAME NAME Organisation Mick Spencer Independent Philippe Cabon Université Paris 5 René Descartes Alex Gundel Alertness Management Institute of Aerospace Medicine DLR German Aerospace Centre 28
Planning 29
Thank you for your attention 31