Memorandum submitted by the British Business
and General Aviation Association and the Aircraft Owners and Pilots
Association
Recognising the time pressures on the oral evidence
session, we felt the committee may not have been able to address
questions regarding the European Aviation Safety Agency (EASA)
to our panel that had been put to previous panellists. We believe
the inter-relationship between EASA and the CAA to be key, so
we therefore submit our responses to those questions in note form.
We heard from the CAA that EASA is not yet fit
for the purpose. Would you agree with that view? (Q267)
EASA is a new body; it certainly has had problems
in its development most notably with regards to the Fees and Charges
Regulation that came into force last June to fund the work of
the Agency's Certification Directorate. The Certification directorate
is the only area in which EASA truly interacts with the industry.
It issues certificates for new aircraft types, modifications to
designs, repairs and issues approvals to organisations to allow
them to work on aviation design issues. Whilst the Agency does
issues some other approvals for non EU organisations, within the
EU everything else is implemented at national level. The CAA,
like other former National Aviation Authorities (NAA's), being
designated as a Competent Authority, continues to issue all other
licenses and approvals nationally, in accordance with the common
EASA regulations and specifications. What has changed is that
the CAA no longer makes policy and that EASA regulations are legally
applicable. In the areas where EASA is simply making policy we
believe it is doing at least as good a job as the JAA, and indications
are it will pay far greater attention to developing proportional
and appropriate regulations for General Aviation than JAA ever
did.
Returning to the Certification Department, we
are in a transition period. Experts are being recruited by EASA
as they leave the NAA's. Until EASA is fully staffed they are
contracting Certification work back to the NAA's . This was a
little unwieldy but acceptable until the point the Fees and Charges
Regulation came into force. Not only are there bureaucratic problems
with this regulation from an industry perspective but the commercial
contracting arrangement between the NAA's and EASA is a nightmare.
The commercial relationship between EASA and the CAA is actually
not such an issue because the CAA are used to issuing invoices.
Other NAA's have no idea how to invoice for their time. This means
EASA is unsure of its expenditure until far too late. Add to this
the fact that each NAA has differing commercial terms and the
complexity of the system becomes apparent. What is clear is that
trying to delay the development of EASA will actually prolong
the difficulties. The sooner EASA has enough certification staff
to do the work the better.
So in summary EASA as a construct is fit for
purpose, the current Fees and Charges regulation is most definitely
not.
Do you believe the creation of EASA was a good
idea in principle? (Q269)
Yes, we believe that aviation is an international
business and the harmonization and standardisation of safety regulation
is good for business and General Aviation. We both represent members
who use non airline aviation as an integral part of their transport
requirements. Common standards across Europe will help this industry
grow. And we feel will help bring all European states to a high
and equivalent level of safety.
Could I follow that by saying that last week Sir
Roy said to me in this Committee that my constituents, right next
door to Heathrow, would be less safe in the future if something
was not done about EASA. Can I ask all of you what would you do
to make my constituents safer rather than at risk? (Q271/2)
Firstly we do not believe EASA is putting people
at risk today. To ensure EASA's success in the future we must
endeavour to provide a stable and correct funding regime for the
Agency. For all rulemaking and policy, this is dependant on central
funding. Unfortunately the money member states were paying to
JAA (in both funds and personnel) is not easily transferable to
EASA. This is an area each member state needs to address within
the EASA Management board. On the certification side, a revision
to the Fees and Charges Regulation later year should help, provided
EASA and the European Commission listen to the advice of those
who will be paying the bills.
6 February 2006
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