Status of U'S'EU Bilateral Agreement

1
Status of U.S.-EU Bilateral Agreement

• Mary Cheston, FAA
• Claude Probst, EASA

2
Overview

• Progress in Negotiations
• The Developing Agreement
• Status of Implementation Procedures
• Airworthiness
• Maintenance
• Environmental Certification
• Licensing and Simulators

3
Progress in Negotiations

• Because the U.S. and EU regulatory systems are
  different in several key areas, a treaty level
  document is necessary in Europe in order to
  provide a derogation from EU law.
• Involves formal ratification process in Europe.
• Agreement would remain an Executive Agreement in
  U.S. structure (not treaty level).

4
Progress in Negotiations

• New agreement with EU will replace bilateral
  agreements at the national level.
• New agreement will have similar structure to a
  BASA
• ... but will be presented together with
  Implementation Procedures to be ratified.

5
Progress in Negotiations

• Several rounds of informal discussions since
  October 2003
• Two formal negotiations Nov. 9-10, 2004 and
  April 13-14, 2005
• --Next negotiation tentatively July 7-8, 2005

6
The Developing Agreement

• Executive Agreement text largely agreed open
  issues include
• Clarifying some terms such as material,
  maintenance, environmental protection
• Considering the best way to address enforcement
  expectations and proprietary data protection
  given the Communitys legal structure and role of
  Member States

7
The Developing Agreement

• New items in draft agreement
• Regulatory cooperation
• Formal oversight board mechanism
• More detailed dispute resolution provisions

8
Airworthiness

• Format/structure of implementation procedures
  under discussion.
• First negotiation held June 1-3 three more
  negotiation sessions scheduled during 2005.
• Initial meetings to focus on scope of reciprocal
  acceptance and concepts, e.g.
• Global manufacturing
• Minimizing redundant approvalsdesign changes,
  repair data acceptance, etc.

9
Maintenance

• Formal negotiation schedule to be determined.
• New special conditions tentatively agreed as a
  consequence of changes to Part 145 in the U.S.
  and Europe.
• Current focus is on how to update current
  Maintenance Implementation Procedures (MIPs) to
  reflect these new special conditions.

10
Environmental Certification

• Three meetings since April 2004
• Agreements at latest April 20-21, 2005 meeting
• Cost and Benefits for Authorities performing
  single certification
• Background required for environmental
  certification specialist
• Training required for environmental
  certification specialist
• Environmental certification assessment to be
  completed
• Environmental certification to be included in the
  IPA

11
Environmental Certification

• Next Steps
• Incorporate cost/benefit, training and
  environmental specialist education requirements
  in the report for an EASA decision to pursue
  reciprocal acceptance.
• Continue to build elements for text in the IPA.

12
Open Issues

• Resolution of open items from FAAs assessment of
  EU regulatory system.
• Execution of shadow certification projects
• Licensing and Simulators If EASA has competency
  in the area of flight crew licensing at the time
  of the final agreement, Implementation Procedures
  for Licensing (IPL) and Simulator Implementation
  Procedures (SIP) may be included as part of the
  agreement package.
• Agreed text will need to be translated into 19
  official EU languages and ratified by the
  European Community.

13
Summary

• Both governments are working diligently towards
  the conclusion of a new agreement.