Interim Report - Introduction - EASA

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INTERIM REPORT – OPTIONS FOR CHANGE EASA.2009.OP.21 controllers and pilots in its use, limitations, maintenance and capabilities. The ILS is viewed from the “safety” and not the “commercial perspective”. De-icing / Anti-icing services are not mandated, nor do they have to be used when available: in both these cases departure during “winter” conditions will not be possible. However, if de-icing / anti-icing services are available and used, then, like an ILS, there does need to be clear, strict rules and guidelines for all those involved on how these services operate. Currently this is not the case. Status Quo While some individual stakeholders argue that the existing situation is adequate and that further regulation is not required, a majority of others (from all stakeholder groups) wish to see changes.. This Study was launched on a wave of support, lobbying and recommendations made during the past 5 years. ZERO: Do nothing; maintain the status quo. Not recommended. This is not an option for change, but it is still an option to be considered. However, to select this option would ignore recommendations made by accident investigators, regulators, industry stakeholders and also the available data – all introduced above and elsewhere in this Report. Agency Opinion to A-NPA-2007-11 dismissed this option for service providers and aerodromes, but kept it as an option for operations. Direct Regulation of Service Providers Examining mechanisms for the direct regulation of service providers is part of the Study. Some stakeholders consider this a difficult and unnecessary option; preferring to improve standards through amendments to regulation of operators and aerodromes. However, a large representation of service providers is supportive of a system of direct oversight and certification. REGSP: To implement direct regulation of de-icing / anti-icing service providers by EASA or NAAs. This option would provide a completely new and untested model. The Study found that de-icing / anti-icing service providers are not regulated directly by Member States. On the few occasions where an Authority declared it did regulate service providers, it was found that this was actually only indirectly achieved through The Ground-Handling Directive 96/67/EC, Aerodrome and Air Operations regulations. Ultimate responsibility always remains with the operator; and this requirement would probably need to always remain. This is airsight GmbH 35
INTERIM REPORT – OPTIONS FOR CHANGE EASA.2009.OP.21 reinforced by the proposed GM 1 AR.GEN.300 (Continuing Oversight OPS); where there is a clear intention for the Authority to devolve more responsibility onto the operator to monitor the safety of operations. Adopting direct regulation and oversight of service providers may be in opposition to these proposals. Also, the Explanatory Note to EASA NPA 2009-02A, Appendix 1, Paragraph 9, explains how for the time being the regulation of ground de-icing / anti-icing service providers is outside the Agency’s remit. Agency Opinion to A-NPA-2007-11 also dismissed this option. Possible options to achieve the direct regulations of de-icing / anti-icing service providers include: REGSP1. To undertake regulatory reform, making some (or all) aspects of de-icing / anti-icing the responsibility of service providers. Long-term option. To commence a programme of regulatory reform to effect an amendment to the Basic Regulation, and the drafting of Essential Requirements and Implementing Rules for service providers. REGSP2. To make de-icing / anti-icing fully a maintenance task. Not recommended. If de-icing / anti-icing operations and the associated inspections were considered a maintenance task (in opposition to ICAO Doc 9640 and Annex 6), then service provider organisations would be required to hold a “restricted/limited” Part 145, or operators and maintenance organisations would be the sole providers of de-icing / anti-icing. Numbers of providers would still need to be restricted, due to available space, and therefore operators would still need to negotiate contracts with a third-party. Agency Opinion to A-NPA-2007-11 dismissed this option. REGSP3. To make de-icing / anti-icing service provision fully a responsibility of the aerodrome. Not recommended. This would require re-interpretation of ICAO Annex 14 and Doc 9640, the turning of recommendations into hard requirements, and the elimination of competition, i.e. only aerodromes could provide de-icing / anti-icing services. Operators would still need to demand their own (and the aircraft manufacturers’) requirements, negotiate contracts and conduct quality oversight. GHDSP. To regulate certain aspects of de-icing / anti-icing service provision through Directive 96/97/EC on Ground-Handling. airsight GmbH 36
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Interim Report - Introduction - EASA

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