The European Aviation Safety Agency (EASA) is, among other things, competent for recommending rules in the area of aviation and for standardization of rule implementation in EASA member states.
The process of rulemaking consists of two stages. The first stage involves programming, i.e. long-term planning (four years in advance) based on input from all the concerned subjects (European bodies, ICAO, competent national bodies, industry etc.) as well as their safety recommendations, safety plans etc. The second stage concerns the development of the rule itself. Both stages are clearly defined through a series of steps.
Rules (regulations and directives) are adopted by the Council of the European Union and European Parliament, or, in the case of implementing rules, by the European Commission. There are two types of implementing rules: the so-called Implementing rules (IR), which are adopted by the Commission, and soft law, consisting of non-binding guidelines for following the rules (Acceptable means of compliance and Guidance material), which are adopted by the EASA. The structure of soft law follows the binding regulation and contributes to standardization.
The structure of the rules adopted is logical and largely uniform, which facilitates application. The vertical approach used in this process has a consequence of multiplying the same conditions in each area (e.g. the system of conduct to which national aviation powers must conform to are dealt with both in the field of flying operations and in aircraft maintenance).
The basic regulation allows for a flexible application of rules (granting exemptions and approving derogation) with clearly set rules. The so-called Total system approach encompasses safety, security, environment and performance.
Standardization undertaken by EASA is necessary for securing a consistent application of rules by member states, a condition for mutual recognition of certificates, approvals and licenses, as well as for securing a level playing field for all participants.
The frequency and scope of standardization inspections depend on the national records continuously collected in the EASA. If irregularities are found during a standardization inspection, those should be removed in a prescribed manner.
The most common challenges of standardization are:
- Acceptance of different methods for adopting rules in EASA member states,
- Differences in size and complexity of aviation industry and powers of national aviation bodies,
- Divergence in the concept of rules in different areas,
- Erroneous interpretation of rules caused by language barriers,
- Autonomy, resources and competences of professionals in some aviation bodies,
- Dynamic growth in the field causing a huge production of rules,
- Appearance of new modern management concepts which are not addressed in the rules,
- Disproportional rules,
- Different ways of publishing rules in member states (direct application or publishing in official journals for the purpose of defining competences),
- National case-law which lacks adequate experience in aviation cases,
- Multiple inspections conducted by different subjects using different interpretations of standards,
- Influence of a bad economic situation on condition compliance.
