Rules and Regulations Already in the early years of the civil aviation industry it became clear, that transporting passengers and goods with aircraft would not confine itself to national borders. It was also clear, that there would always be a certain amount of risk and danger inherent in aviation. Therefore local and later on international lawmaking was inevitable. Rules and regulations were worked out for the following reasons:

Protection of people on the ground

Protection of paying passengers and cargo Protection of cockpit and cabin crews Standardisation of activities within the civil aviation industry worldwide To ensure safe, airworthy and reliable civil aircraft operation

International Civil Aviation Authority Organisations

ICAO International Civil Aviation Organisation (Worldwide Organisation of authorities)

ECAC European Civil Aviation Conference (European Organisation of authorities)

JAA Joint Aviation Authorities (European Organisation of JAA member authorities)

National Civil Aviation Authorities FOCA Federal Office for Civil Aviation (Swiss authority) lBA luftfahrt Bundesamt (German authority) DGAC Direction General de I' Aviation (French authority) CAA Civil Aviation Authority (English authority) FAA Federal Aviation Authority (American authority)

International Operator Organisations IATA International Air Transport Association

(Worldwide organisation of operators/airlines). AEA Association of European Airlines

(European organisation of operators/airlines) Switzerland started to take part in international aviation quite early. Bilateral agreements were signed already in 1919 with England and France, 1920 with Germany and 1922 with Belgium.

Role of International Civil Aviation Organisation (ICAO) The ICAO is a worldwide union of aviation authorities and a sub organisation of the United Nations (UN). Its headquarter is based in Montreal, Canada. ICAO was established on 7th December 1944 in Chicago and Switzerland became an ICAO member in 1947. The basic rules and guidelines of the ICAO are laid down in the "Chicago Convention". The objective of ICAO is to harmonise legal requirements as well as standards and procedures for the civil aviation industry worldwide. Different standards are published as annexes to the Chicago Convention. These regulations are meant as a minimum standard and are issued as recommendations. They are recognised partially or with the full content by the civil aviation authorities. The most significant annexes of the Chicago Convention are listed below: Annex 1 Personal licensing Annex 6 Aircraft Operation Annex 7 Aircraft Nationality and Registration Marks Annex 8 Airworthiness of Aircraft Annex 10 Aeronautical Telecommunications

Volume 1 Part I: Equipment and Systems Part II: Radio Frequencies

Annex 13 Aircraft Accident and Incident Investigation Annex 16 Environmental Protection

Volume I: Aircraft Noise Volume II: Aircraft Engine Emissions

Annex 18 The Safe Transport of Dangerous Goods by Air

Role of the Joint Aviation Authorities (JAA) The Joint Aviation Authorities (JAA) are representing the civil aviation authorities of a number of European states, who have agreed to cooperate in developing and implementing common safety regulatory standards and procedures. This cooperation is intended to provide high and consistent standards of safety and a "level playing field" for competition in Europe. Much emphasis is also placed on harmonising JAA requirements with those of the USA. JAA's work was started in 1970. Originally its objectives were only to produce common certification requirements for large aeroplanes and for engines. This was to meet the needs of European industry particularly for products manufactured by international organisations (like Airbus). Since 1987 its work has been extended to design, production, certification, operation, maintenance and licensing for all classes of aircraft and engines. Common procedures and approval requirements have been introduced in these fields of the civil aviation industry. Today a single Joint Certification team working on behalf of all JAA countries is used for certification of new aircraft and engines. After the successful completion of the evaluations, Type Certificates are issued simultaneously and on a common basis by all JAA member states. JAA membership is based on signing the "JAA arrangements document", which was first signed on September 11, 1990 in Cyprus by the then active 15 member states. The text of the arrangement includes the following wording: ARRANGEMENT CONCERNING THE DEVELOPMENT, THE ACCEPTANCE AND THE IMPLEMENTATION OF JOINT AVIATION REQUIREMENTS (JAR) With this arrangement the JAA member aviation authorities commit themselves to introducing the Joint Aviation Requirements (JAR) as obligatory regulations within their countries. Introduction dates are thereby determined depending upon the status of the JAR. Implementation of the JAR will be controlled with the JAA Standardisation Teams.

Objectives of the JAA arrangements: To ensure, through cooperation on regulation, common high levels of

aviation safety within the member states.

To achieve a cost effective safety system so as to contribute to an efficient aviation industry. To contribute, through the uniform applications of common standards, to fair and equal competition within the member states. To promote, through international cooperation, the JAA standards and system to improve the safety of aviation worldwide.

Functions within the JAA arrangements: To develop and adopt Joint Aviation Requirements (JAR) in the fields of aircraft design and manufacturing, aircraft operations and maintenance as well as the licensing of aviation personnel.

To develop administrative and technical procedures for the implementation of JAR. To implement JAR and the related administrative and technical procedures in a coordinated and uniform manner. To adopt measures to ensure, whenever possible, that pursuance of the JAA safety objective does not unreasonably distort competition between the aviation industries of member states or place companies of member states at a competitive disadvantage with companies of non-member states. To provide the principal centre of professional expertise in Europe on the harmonisation of aviation safety regulation. To establish procedures for joint certification of products and services and where it is considered appropriate to perform joint certification. To cooperate on the harmonisation of requirements and procedures with other civil aviation authorities, especially the Federal Aviation Administration (FAA). Where feasible, to cooperate with other civil aviation authorities, especially the F M, on the certification of products and services. The JAA itself has no legislation power and cannot be held responsible to implement the JAR in the member states. This responsibility is delegated to the respective governments and their civil aviation authorities.

The headquarter of the JAA is based in Hoofdoorp, Netherlands. Contact can be made via the JAA homepage www.jaa.nl. JAA membership is open to the Civil Aviation Authorities of the ECAC member states.

* Candidate Member Status of Revision: December 2001 JAA membership is open to the civil aviation Authorities of the ECAC member states.

Secretary General

Regulation Director Certification Sectorial Maintenance Sectorial Team

Operations Sectorial Team

Licensing Committee

-JAR-11 Working Group -Catch-up Task Force -Human factors Steering Group

-JAR-22 Sailplanes and Powered Sailplanes Study Group -JAR-23 Study Group -All-Weather Operations Study -Cabin Safety Study Group -Design and Construction and Equipment Study Group (D and F Study Group) -Flight Study Group -ETOPS Working Group -Power plant Study Group -Structures Study Group -Helicopter Airworthiness Study Group -AECMA Helicopter Study Group -JAR-36 Study Group -Engine Study Group -Piston Engine Sub Group -JAR-P Sub-Group -JAR TSO Study Group -CNS/ATM Steering Group -European Ageing Aircraft Working Group

-Design Organisation Approval Sub Cert. Committee -Production Sub Cert. Committee -Large Aeroplane Cert. Committee -Propulsion Sub Cert Committee -Rotorcraft Sub Cert Committee -General Aviation Sub Cert. Committee -JAR-21 Working Group -JAR-21 Sub Cert. Committee -JAR-39 Working Group

-Jar-66 Working Group

-Equipment Sub-Committee -Performance Sub-Committee -All Weather Operations Sub-Committee -Helicopter Sub-Committee -EHA Helicopter Study Group -Manuals Study Group -Operational Procedures Study Group -Flight Crew and Cabin Crew Study Group -Synthetic Training Device Advisory Board -Synthetic Training Device Working Group

-JAR-FCL Helicopter Sub-Committee -JAR-FCL Examinations Sub-Committee -JAR-FCL Medical Sub- Committee -JAR-FCL Type Working

The JAA Board and the JAA Committee (JAAC) The JAA is controlled by the JAA committee (JAAC) which works under the authority of the Plenary Conference of the European Civil Aviation Conference (ECAC) and reports to the JAA Board of Directors General. The functions of the JAA Board are to determine the general policy and long term strategy of JAA and to control the finances of JAA. The JAAC shall consist of one representative nominated by each JAA Member State, being an official of high level in its National Aviation Authorities (NAA) with the responsibility for the technical aspects of aviation safety regulation. The function of JAAC is to manage the work of JAA.

The Role of the National Aviation Authorities (NAA). In the present JAA system, the individual National Aviation Authorities (NAA) retain the responsibility for aviation safety and the implementation of JAR in their countries, and the issue, modification, revocation or suspension of approvals, certifications and licences. The staff of the NAA will carry out the work, nationally or in joint JAA teams, of the evaluations related to these duties and also for the standardisation within JAA. The JAAC will have the final decision on new safety requirements and the related procedures. Where joint decisions by the NAA are needed, these are in principle made in the JAA Committee (JAAC). Standardisation visits are a vital part of the JAA System; they observe the approval processes of the NAA's and raise any points of doubt. JAA Headquarter will arrange and direct the process related to these visits by NAA staff and coordinate and present the findings and proposed standardisation recommendations to the relevant NAA. Where the recommendations are not agreed by the NAA, or any actions taken by the NAA are not considered fully to meet the needs of the case, the matter is normally referred to the Main Committee or the JAA Committee (JAAC). The NAA meet with industry and interested parties through the "High-Level-Meetings" on the future of JAA, the annual Joint Steering Assembly, the three Joint I Boards (Manufacturers, Operators and Crew as well as in many Committees, Working Groups and Study Groups.

The role of the Main Committees or Sectorial Teams Main rule making is performed by five Main Committees or Sectorial Teams whose work is related to the specific functions of Regulation, Certification including De- sign Organisation Approval (DOA) and Production Organisation Approval (POA), Maintenance, Operation and Licensing. The NAA members of these bodies act either as independent experts or ultimately as representatives of their national authorities. The normal membership may be authorities only (as for the Maintenance and Certification Sectorial Teams) or it can include industry (as for the Operation and Li- censing bodies). Any JAA member country has the right to be represented in the Committees/Sectorial Teams. The major roles of the Committees/Sectorial Teams may be as follows:

For new JAA codes and amendments to adopted codes in their fields, to develop and draft the requirements, in consultation with industry and taking account of the comments on Notice of Proposed Amendment (NPA)

To approve procedures on behalf of JAAC or make recommendations to the JAAC in relation to the approval of procedures When requested by the director, to advise on the policy and any actions proposed to an NAA resulting from a recommendation resulting from a standardisation visit that has not been satisfactorily resolved. To review major or long term exemptions granted by the NAA to identify needs for regulatory change

JAA Standardisation Teams The JAA standardisation teams are the corner stone of the JAA policy. The teams are organised and managed by Headquarters. The staff are required to meet various criteria specified by JAA, are seconded by the NAA, and are working in this role for "central" JAA and not for their NAA. They are responsible for studying the appropriate approval process as applied by each NAA, with the aim' of establishing that JAA requirements and procedures are being applied fully, satisfactorily and in a consistent manner. On the basis of their findings, they will raise any points of doubt with the NAA concerned. Where the NAA agrees and accepts the finding, it will take appropriate action. Where the NAA does not agree with the finding and/or does not wish to act on the recommendation, the matter is referred by Headquarters to the appropriate Committee/Sectorial Team.

JAA Maintenance Division Is the division set up by the JAA Committee, composed of full time maintenance experts, responsible for assisting each National Aviation Authority in the achievement of common and harmonised standards with regard to maintenance. The JAA maintenance division is the supervising body for the maintenance sectorial team.

JAA Maintenance Committee or Sectorial Team Is the Committee/Sectorial Team set up by the JAA Committee composed of one maintenance expert member from each National Aviation Authority plus the JAA Maintenance Director, responsible for formulating new maintenance JARs in co- operation with other interested or affected persons and working with the JAA Maintenance Division on maintenance matters.

Maintenance Standardisation Team (MAST) Is the team set up by the JAA maintenance division, composed of maintenance experts, responsible for assessing the maintenance standard achieved in each country and providing timely advice and guidance to the National Aviation Authority as necessary? The JAA concept for the approval of maintenance is that this is the responsibility of the national authorities; however, an important foundation for the mutual acceptance of maintenance is the use of Maintenance Standardisation Teams (MAST). Several such teams are operating and assessing all JAA Full Member Authorities at regular intervals.

Maintenance International Standardisation Team (MIST) Is the team composed of maintenance experts from the JAA national aviation authorities, responsible for assessing maintenance standards achieved in non-JAA countries by maintenance organisations working in accordance with an international maintenance agreement and making recommendations about such organisations. The national authorities and organisations located in the USA/Canada, which have been accepted in accordance with JAR-145 by JAA, are subject to sample audits carried out by Maintenance International Standardisation Teams (MIST) operating in a similar manner to MAST teams.

Safety Assessment of Foreign Aircraft (SAFA) Actions have been continued under the SAFA (Safety Assessment of Foreign Aircraft) program launched in 1996 and which consists in performing ramp inspections of operators flying to and from any ECAC countries. The JAA developed procedures, ramp inspectors' handbooks and an online database available through the JAA intranet, which allows all ECAC members to access inspection re- ports from all countries involved in the program.

Joint Steering Assembly / Group (StG) The Joint Steering Assembly represents the JAA authorities as well as other representatives of the industry.

Maintenance Review Boards (MRB) The MRB process is a logic method used by aircraft manufacturers in conjunction with operators to develop a maintenance program for each new large aircraft type. The MRB procedure was first published in July 1993 as chapter 16 of JAA administrative and guidance material and has been used ever since as the basis for all new large aircraft.

Role of the JAA Full Member Authorities The authorities commit themselves to cooperate in all aspects related to the safety of aircraft, in particular its design, manufacture, continued airworthiness, maintenance and operation to ensure that a high consistent level of safety is achieved throughout the Member States, to avoid duplication of work between the Authorities and to facilitate exchange of products, services and persons not only between the Authorities but also between the Authorities and other organisations of the aviation industry. To that end they have joined JAA so as to develop, adopt and implement the Joint Aviation Requirements (JAR). JAA Full Member Authorities recognise and accept mutually any approval certificate or licence issued in accordance with the JAR's by such an Authority. JAA Full Member Authorities are also called JAA-NAA's.

Commitments/privileges of JAA Full Member Authorities The authorities will:

Participate in the rulemaking process and use their best endeavors to provide experts within the different groups involved in the process

Adopt the structure of the whole set of future JARs and adopt the existing JARs as their only codes as soon as possible Declare all their national regulatory differences to existing JARs and commit themselves to work towards the deletion of these national regulatory differences or apply for a change of the appropriate JAR. Participate in the definition of procedures enabling the technical findings to be made only once in a way satisfactory to all Authorities Accept these procedures and use them exclusively when checking compliance with JARs Make without undue delay the legal findings for those products, services, organisations or persons which have been found to comply with the relevant JAR Pay their share of the budget of the JAA Have the right for full voting within the JAA's proceedings Perform periodical audits of organisations within their respective countries to assure compliance with the JARs and other national aviation laws and requirements.

Role of the JAA Candidate Member Authorities JAA candidate membership is open to the civil aviation Authorities of ECAC member countries. The candidate members intend to commit themselves to the terms and duties as described in the JAA arrangements. They have an observer status in all meetings, but no voting rights. The candidate member indicates a membership without the right and obligation to be part of automatic recognition and acceptance of other members approval.

Joint Aviation Requirements (JARs) The JAA documentation system is build-up on the following structure: JAA Administrative & Guidance Material

JAR-145 Listed Organisations

JAR-147 Listed Organisations Section One: General Section Two: Maintenance General Information Procedures Temporary Guidance Material Section Three: Certification Section Four: Operation Section Five: Licensing

Notices of Proposed Amendments (NPAs) Joint Aviation Requirements (JARs)

Section 1 Requirements Section 2 Acceptable Means of Compliance (AMC) and Interpretative/Explanatory Material (IEM) or Advisory Circular Joint (ACJ) Appendices

The JAA is not a legal body and has therefore no legal force to implement the JARs within the different countries. Each JAA is responsible for the implementation of the JAR in its own legal system. In Switzerland this is done by issuing a so-called "Framework Regulation" and using the respective JAR-number (e.g. VJAR-145 in the German language version or OJAR-145 in the French language version).

JAR Joint Aviation Requirement A rule issued by the JAA, which is mandatory and must be complied with.

AMC Acceptable Means of Compliance

A means, but not the only one, by which a requirement can be met

IEM Interpretative ExplanatoryMaterial

The material is meant to inform, advise and guide the applicant with the understanding of the requirement.

ACJ Acceptable Means of Compliance and Interpretation (Advisory Circular Joint)

Acceptable means of compliance illustrate a means, but not the only means, by which a requirement can be met. Interpretative material helps to illustrate the meaning of the requirement.

NPA Notice of Proposed Amendment

An NPA is a draft proposal to modify an existing JAR requirement, or propose a new JAR.

TGL Temporary GuidanceLeaflet

JAA Policy information material on subjects, which have not yet been found acceptable to all NAA's. A TGL is normally valid for two years. If contents are then found acceptable to all, TGL will be cancelled and content transferred to respective JAR.

Administrative & Guidance Material JAR-66 Chapter 21: JAA implementation policy for JAR-66 certifying staff Chapter 22: Procedures for initial issue/variation/continuity of the JAR-66

Aircraft Maintenance Licence/AML Chapter 23: Procedures & basis for all JAR-66 AML examinations Chapter 24: Procedures for revocation, suspension or limitation of the

JAR-66 AML or JAR-145 certification authorisation Chapter 25: JAR-66 review board procedure

Administrative & Guidance Material JAR-145 Chapter 4: JAA implementation policy for JAR-145 Chapter 5: JAA common procedures policy for maintenance approval

and resultant mutual recognition policy Chapter 6: Procedures for the grant and variation of JAR-145 approval

by JAA national aviation authority Chapter 7: Procedures for the renewal of the JAR-145 approval by the J

national aviation authority Chapter 8: Procedures for the continued JAR-145 approval by the JAA

national aviation authority Chapter 9: Procedures for the revocation of the JAR-145 approval by the

national aviation authority Chapter 10:

Procedures in respect of the JAR-145 applicability to organisation located outside the JAA territories

Administrative & Guidance Material JAR-147 Chapter 26: JAA implementation policy for JAR-147 approved

maintenance training Chapter 27: Procedures for initial issue/variation/renewal of JAR-147

approval by the JAA full member authority Chapter 28: JAR-147 training course standards Chapter 29: Procedures for revocation or limitation of the JAR-147

approval

Joint Aviation Requirements (JARs): JARs can be sub-divided into the following categories with the major requirements listed:

JARs for Certification JAR-21 Certification Procedures for Aircraft and Related Products

and Parts JAR-22 Sailplanes and Powered Sailplanes JAR-23 Normal, Utility, Aerobatic and Commuter Category Aircraft JAR-25 Large Aeroplanes

JAR-26 Additional Airworthiness Requirements for Operations JAR-27 Small Rotorcraft JAR-29 Large RotorcraftJAR-36 Aircraft NoiseJAR-APU Auxiliary Power Units JAR-E Engines JAR-P PropellerJAR-TSO Joint Technical Standard Orders

JARs for Operation JAR-AWO All Weather Operations JAR-FCL (1 to 4) Flight Crew Licensing (FCL 1/2/3/4) JAR-MMEL/MEL Master Minimum Equipment List/Minimum Equipment

List JAR-OPS 1 Commercial Air Transportation / Aircraft JAR-OPS 3 Commercial Air Transportation / Helicopter

JARs for Maintenance JAR-66 Certifying Staff- Maintenance JAR-145 Approved Maintenance Organisations JAR-147 Approved Maintenance Training/Examinations

Relationship with other Aviation Authorities USA Bilateral Acceptance of European Industry In 1992, the JAA and the Federal Aviation Administration of the United States (FAA) made a commitment to harmonise, where appropriate, to the maximum extent possible, the FAR and JAR requirements and associated material regarding:

Design and manufacture, operation and maintenance of civil aircraft and related products and parts.

Noise and emissions from aircraft and aircraft engines. Flight crew licensing.

The JAA and the FAA are now aiming to have a joint rulemaking activity, to keep a high level of harmonisation between the two sets of airworthiness codes. Contracts results in bilateral agreement between the two parties. The Bilateral Aviation Safety Agreement (BASA) Document covering aviation safety subjects including maintenance has been signed by some European governments. It should be understood that the signing of a BASA does not permit maintenance to be carried out under such BASA because it is only intended for the FAA to negotiate the associated implementation procedures such as the Maintenance Implementation Procedure (MIP). Maintenance under the conditions of a BASA may only take place when BOTH, the BASA and MIP, have been signed. The associated MIP dated May 1997 was accepted by the JAA Committee and FAA in June 1997 to form the basis of agreements to be signed be FAA and each JAA-NAA after BASA signature and successful joint assessments by FAA. Some governments have also signed this MIP.

Canadian Bilateral Acceptance of European Industry A Technical Arrangement covering maintenance was agreed between Transport Canada and the JAA and this was signed on 24 June 1996 in Paris. The associated JAA working procedures were published in February 1998. The Canadian working procedures were published in early 1997 and a number of JAA JAR-145 organisations have been accepted by Canada

Other Aviation Authorities Approved Maintenance Organsations (AMO) may be holder of Approval Certificates from different authorities (countries). The scope of work is then shown on the individual Approval Certificate. Only the maintenance work specified on the Approval Certificate may be performed on aircraft and aircraft components. Authorities have different requirements as for line Maintenance some require an Approval Certificate and some don't. To perform Base Maintenance an Approval Certificate is generally a prerequisite. Basically the rules and regulations of the state, where the aircraft is registered, always apply.

Relation between Approval Certificate and Aircraft Registration The basic parameter to define under which Approval Certificate an aircraft must" be maintained and released is the aircraft registration, which is assigned to each aircraft around the world. An aircraft which is registered in Switzer/and (i.e. HB-XXX) may only be maintained in Switzerland by a Maintenance Organisation which is approved by the Swiss FOCA for this aircraft type including the respective class rating. With the formation of the JAA and the resulting mutual recognition a Swiss registered aircraft may also be maintained by each Maintenance Organisation approved by a JAA full member state. This means also, that an Approved Maintenance Organisation in Switzerland may maintain aircraft registered in the JAA full member states. As a prerequisite it is always required to have the necessary class rating on the Approval Certificate. If an operator has an aircraft registered in the USA (N-registered) the Approved Maintenance Organisation, which wishes to maintain this aircraft, must be approved by the Federal Aviation Administration/FAA of the United States of America. Requirements setup by the FAA in their Codes of Federal Regulations (CFR) must be fulfilled and followed when maintaining such an aircraft. Procedures and forms must be adapted to include the FAA requirements. Depending on the customer base and the requirements of the Aviation Authorities an Approved Maintenance Organisation may have several Approval Certificates to be able to offer and perform their services on different markets around the world. As a general rule, this Approval Certificates must be visible to the employees.

Relation between JAA and foreign Maintenance Organisations For maintenance organisations (not NAA's) outside of the ECAC, the USA or the Canada Bilateral Agreements there is the possibility of the so called "Godfather" system. Under this system an NAA may assume quality responsibility for a maintenance organisation on behalf of JAA.

Relationship between Approved Maintenance Organisation, Authority and Operator Usually there are communications between customer, maintenance organisation and the respective aviation authority. A direct contact to a foreign aviation authorities takes place only in connection with a repair station certificate request. Work for customers is usually executed in agreement with JAR-145, FAR-145 (N- registered aircraft) or other National Aviation Authority requirements. The work- scope must be clearly defined in a contract between the approved maintenance organisation and the customer. The customer is committed to indicate special requirements of its aviation authority to the maintenance organisation.

Rules and RegulationsInternational Civil Aviation Authority OrganisationsNational Civil Aviation AuthoritiesInternational Operator Organisations

Role of International Civil Aviation Organisation (ICAO)Role of the Joint Aviation Authorities (JAA)Objectives of the JAA arrangements:Functions within the JAA arrangements:The JAA Board and the JAA Committee (JAAC)

The Role of the National Aviation Authorities (NAA).The role of the Main Committees or Sectorial TeamsJAA Standardisation TeamsJAA Maintenance DivisionJAA Maintenance Committee or Sectorial TeamMaintenance Standardisation Team (MAST)Maintenance International Standardisation Team (MIST)

Safety Assessment of Foreign Aircraft (SAFA)Joint Steering Assembly / Group (StG)Maintenance Review Boards (MRB)Role of the JAA Full Member AuthoritiesCommitments/privileges of JAA Full Member Authorities

Role of the JAA Candidate Member AuthoritiesJoint Aviation Requirements (JARs)Administrative & Guidance Material JAR-66Administrative & Guidance Material JAR-145Administrative & Guidance Material JAR-147Joint Aviation Requirements (JARs):JARs for CertificationJARs for OperationJARs for Maintenance

Relationship with other Aviation AuthoritiesUSA Bilateral Acceptance of European IndustryCanadian Bilateral Acceptance of European IndustryOther Aviation Authorities

Relation between Approval Certificate and Aircraft RegistrationRelation between JAA and foreign Maintenance OrganisationsRelationship between Approved Maintenance Organisation, Authority and Operator