Interim Report - Introduction - EASA

INTERIM REPORT – OPTIONS FOR CHANGE
EASA.2009.OP.21
4.4 Pathways to regulation
The Technical Specifications for the Study require that recommendations are made for the
most effective ways in which NAAs could regulate de-icing / anti-icing service providers,
based on investigations into how they accomplish this already. However, it is apparent from
the investigations that none of the EASA Member State’s NAAs actually regulate the
standards of de-icing / anti-icing by service providers in any direct way at all (see Data
Summary and Analysis). Several Member States do impose certain organisational
requirements onto their service providers (using Directive 96/97/EC), but they do not address
standards of fluid handling and application, communication or coordination. Furthermore,
many stakeholders have recommended to the Study Team that the direct regulation of deicing
/ anti-icing service providers is essential to improve standards of de-icing / anti-icing,
however, there is no mechanism for doing so directly; either within Member States or EASA.
This “call”, by elements of the Industry, for the regulation of de-icing / anti-icing service
providers has been extant for about a decade. Since the winter of 2005/6 EASA has decided
to act on several recommendations made by the UK AAIB and German BFU (EASA A-NPA-
2007-11) including the request to consider the future need for certification, licensing,
approval and training of organisations who provide de-icing / anti-icing services and their
personnel.
The lack of a clear and direct pathway for regulation of service providers is probably a
fundamental reason why standards of de-icing / anti-icing service provision vary. One
“indirect” pathway from regulator to service provider, and the one currently used, is via the
regulation of AOC holders; for example the requirement for airlines to establish Quality
Systems (EU OPS 1.035), ensures some oversight, by airlines, of de-icing / anti-icing service
providers and their operations. There is also the requirement for airlines to establish
procedures for de-icing / anti-icing (EU OPS 1.345). However, the regulatory requirements
imposed on airlines concerning de-icing / anti-icing are neither precise nor comprehensive,
which introduces a lot of scope for variation in interpreting these regulations.
Since EU OPS superseded Member States’ national regulations based on JAR OPS 1, there
is no harmonised pan-European guidance material or acceptable means of compliance for
airlines to follow concerning de-icing / anti-icing operations. Although some JAR OPS 1
Section 2 material was elevated to become Appendices in EU OPS, this was not the case for
de-icing / anti-icing. Some NAAs retain JAR OPS 1 Section 2 “support” material as an aid for
both airlines and regulators as to how to apply the Rules provided in EU OPS. Prior to EU
OPS becoming law, and when JAR OPS 1 was valid, there is no doubt that many airlines
used the Section 2 material as the sole means of applying some of their National
Requirements. In some areas of airline operations this has effectively resulted in
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