Interim Report - Introduction - EASA

INTERIM REPORT – OPTIONS FOR CHANGE – ATTACHMENT B
EASA.2009.OP.21
safety elements are contained in the rule, leaving nonessential implementation aspects to CS
or AMC, so as to provide for a sufficient flexibility as required by the principle of subsidiarity.
Such is the fundamental reason for the ‘performance based approach’ to rulemaking that the
Agency has followed. Careful thought must be given to the essential aspects of de-icing /
anti-icing regulation; allowing too much flexibility in interpreting the rules will harm the aim of
harmonization.
Para 67: The Agency wishes make use of as many AMCs as possible by encouraging
industry to promote their best-practices for that cause. This opens the way for inherent
acceptance of, for example, the AEA Recommendations to be amended and adopted as
AMC material.
Appendix 1 para 9: On 31 July 2007, the Agency published the Advance Notice of
Proposed Amendment (ANPA) 200711 to consult stakeholders on appropriate measures to
be taken to address potential safety hazards associated with the residues of fluids used for
the ground deicing and antiicing of aircraft. In the Comment Response Document (CRD) 43 ,
the Agency described the outcome of the consultation and the possible course of action to
address these potential safety hazards. One of the proposed actions was to consider the
input from stakeholders on “OPS.GEN.100 Ice and other contaminants” and the associated
AMC2 and GM1, 2, and 3. The Agency welcomes any comment on how to improve the
existing material. It should be noted that, for the time being, the regulation of ground deicing /
antiicing service providers is out of the Agency’s remit. Confirmation that the direct
regulation of de-icing / anti-icing service providers, by EASA, is not a short term option.
However, the Study can include feedback from the CRD to the mentioned references above
and furthermore include recommendations for amendment as appropriate to feedback
gathered during the Study.
Appendix II para 6: There is one important change compared to EUOPS/JAROPS 3 insofar
as the operations manual, when first presented to the competent authority, needs to be fully
approved. Previously, this was only the case for certain parts. This change has been
introduced following the new AMC procedure explained in paragraph 56 of the explanatory
note, as means of compliance are now part of the approval for commercial operators. These
means of compliance are usually described as procedures in the manual. Therefore, the
procedures defined in EASA AMC effectively carry the same status as regulations: limiting
de-icing / anti-icing operators’ programmes to only one AMC would ensure harmonisation
amongst operators and probably the same for service providers who carry out many of these
procedures..
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