The EASA Legal Workshop

The International EASA ICF Legal Workshop - Brussels , 12-14 October 2009

In October 2008, EASA gathered the Civil Aviation Authorities and regional organisations making use of the European regulations in the "EASA International Cooperation Forum" ICF. As a result of this forum a number of technical activities and events were planned in order to create synergy and bring assistance to all the CAA and organisations part of this forum.

One key action was the organisation of a dedicated workshop on the Legal Aspects of adopting or adapting the European Regulations be it the implementation in a national framework or in a regional system. This workshop was held in Brussels on 12-14 October 2009.

To facilitate venue for the Beneficiaries of our Project, stakeholders from all Beneficiary Countries were invited by the Project to participate to the event.

The global participation was very important: 62 persons attended, coming from National Aviation Authorities of Africa, America , Asia and Europe . From the TRACECA Civil Aviation Project 7 persons participated, coming from 6 Beneficiary Countries (Azerbaijan, Georgia, Kyrgyzstan, Ukraine, Tajikistan, and Turkey ).

The objectives of the workshop were the following:

· Present the EU and EASA legal system in order to develop an understanding on the rationale between the EASA regulations structure.

· Present the key elements for adopting or adapting the EASA regulations in a different legal environment for (1) Countries having signed an agreement wit the EU to join the EASA system, (2) Countries willing to adopt/adapt EASA regulations into their national framework and (3) Regional organizations

· Provide a forum of exchange for the different countries/organisations having implemented the EU regulations into their system.

The first day was organised in a plenary session where speakers from EASA, the European Commission, European Member States and several countries and regional organisations had a chance to present their views and exchange on the implementation of the EU regulations.

The second day was devoted to specific workshops focused in more concrete needs of the attendance.

- One session was dedicated to the specific aspects of those countries that already signed an agreement with the EU to join EASA system. The workshop was organised in form of panel.

- The second parallel session was dedicated to countries willing to adapt or adopt European Union Aviation Safety Regulations into their national or regional system.

The third day was a plenary session where the conclusions of the two parallel sessions were shared and a general wrap-up and follow-up actions were agreed upon.

Main conclusions of Workshop dedicated to "Countries having signed an agreement with the EU to join the EASA system" were:

- To ask EASA to provide updated information of Check Lists (ICAO Annex 8, part of Annex 1 and Annex 6) to allow share information on ICAO compliance as requested by many attendees.

- To propose EASA to upload to SINAPSE web the final recommendations provided by EC to Member States on ICAO State Letters.

In the framework of the ECAA:

- To strengthen co-operation between ECAA authorities on Directives and new EC regulations, with support from EASA

- Request clarification on how and when « transfer competence to EASA » will be performed

- The meeting arrived to consensus on the fact that there is no need for transposition of "soft law" and furthermore no obligation for translation

Main Conclusions of Workshop focus on "Countries willing to adapt/adopt EU Aviation Safety Regulations into their national System and Regional organisations":

- Adaptation/adoption process clearly requires further understanding and awareness. It was agreed that this kind of events should continue.

- Regional organisations should determine the level of integration they wish to achieve, based on which one can then understand the particular needs. The requirements are not always the same for all.

- There is a need of a follow-up Workshop on Legal Aspects: Focused and specific to the "techniques" of legal implementation

- Need for legal support for the Regional Organisations that endeavour to strengthen their integration. The process from JAA to EASA can be a good example but this matter should be studied case by case depending on the regional organisation affected

- The workshop supported the proposal to prepare a Booklet to help states/organisations in importing the EU regulations. The initial proposal for the main content made by EASA was approved.