The New Rulemaking Process
Marcella Miano, Rulemaking Process OfficerSSCC 2-201510 Dec 2015
EASA/SM2.1./SSCC/2-2015/5a
Presentation for IP06 and 07
10 December 2015
Agenda
© EASA 2015 2
What we wanted to achieve
The current process as in MB Decision 01/2012
The novelties of the new rulemaking process
Expected benefits and first achievements
The next steps
EASA/SM2.1./SSCC/2-2015/5a
Presentation for IP06 and 07
10 December 2015
What we wanted to achieve
3© EASA 2015
Less regulation: regulatory material is only developed or reviewed when there is a shared and evidence-based benefit
Better regulation: regulatory material is simple to understand, implement and oversee, while achieving its objectives
Timely regulation: regulatory material can be developed in a timely manner while keeping an adequate level of transparency and stakeholders’ involvement
Take into account the outcomes of the stakeholder feedback survey ran in November 2014
EASA/SM2.1./SSCC/2-2015/5a
Presentation for IP06 and 07
10 December 2015
The Rulemaking Process– as in MB Decision 01/2012
© EASA 2015 4
EASA/SM2.1./SSCC/2-2015/5a
Presentation for IP06 and 07
10 December 2015
Analyse issueand
developRIA
DraftRule
Public Consult
(1-3 months)
Taskinitiation
ConsultAdvisoryBodies
on draft ToR
Rulemaking Programme
Opinion
Decision
NPA incl.RIA
ToRGC
Assesscomments,
finalreview
Pre-RIA
Novelties in the new Rulemaking Process
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Strengthened Impact Assessments for less and better rules
A more flexible consultation for a tailor-made and thus more efficient and timely rulemaking process
A streamlined Advisory structure for better involvementof MS and interested parties
Strengthening Impact Assessment
© EASA 2015 6
EASA/SM2.1./SSCC/2-2015/5a
Presentation for IP06 and 07
10 December 2015
Analyse issueand
developRIA
DraftRule
Public Consult
(1-3 months)
Taskinitiation
ConsultAdvisoryBodies
on draft ToR
Rulemaking Programme
Opinion
Decision
NPA incl.RIA
ToRGC
Assesscomments,
finalreview
PIA
Ex-post evaluation
RIA
Strengthening Impact Assessment
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Preliminary Impact Assessment (PIA) - to ensure that alternative actions to rulemaking, in particular safety promotion, SIBs, research and focussed oversight, are assessed when deciding how to address an issue
Regulatory Impact Assessment with a stronger involvement of the advisory bodies to assess the need for a performance based approach and ensure rulemaking actions are based on evidence and sound analysis
Ex-post evaluation, as an explicit part of the rulemaking programme, to systematically assess the efficiency of rules, address overregulation and support the use of a performance based approach
EASA/SM2.1./SSCC/2-2015/5a
Presentation for IP06 and 07
10 December 2015
Flexible Consultation (1)
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Optional consultation of ToR with the Advisory Bodies
Additional information are included in the Rulemaking programme
Use of the focussed consultation (e.g. workshops, consultation of the Advisory bodies, a limited survey, etc.) for replacing the NPA
Criteria for such “accelerated projects”: urgent issue, non-controversial or non-complex issue, limited size of the affected group of stakeholders, NAAs and interested parties’ consensus
EASA/SM2.1./SSCC/2-2015/5a
Presentation for IP06 and 07
10 December 2015
Analyse issueand
developRIA
DraftRule
Public Consult
(1-3 months)
Taskinitiation
ConsultAdvisoryBodies
on draft ToR
Rulemaking Programme
Opinion
Decision
NPA incl.RIA
ToRGC
Assesscomments,
finalreview
Flexible Consultation (2)
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Direct publication of CS, AMC and GM or Opinion in well defined cases (e.g. non-controversial ICAO amendments consulted through State Letters, adoption of recognised foreign authority’s advisory material, existing and agreed industry standards)
Consultation of the Advisory Bodies (4-6 weeks) prior to the publication of the final deliverable
EASA/SM2.1./SSCC/2-2015/5a
Presentation for IP06 and 07
10 December 2015
DraftRule
Rulemaking Programme
ToR
Opinion
Decision
Taskinitiation
Expected benefits
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A fact-based evaluation of the need for a Rulemaking action vs alternative actions (focused oversight, safety promotion, research) through PIA
Stronger risk-based planning and rule development (wrt PIA and RIA)
An increased flexibility and adaptability of the process to the peculiarities of the different projects
The possibility to address urgent issues by publishing regulatory material in about 4 months with direct publication or in one year with focussed consultation
EASA/SM2.1./SSCC/2-2015/5a
Presentation for IP06 and 07
10 December 2015
First achievements
© EASA 2015 11
Widen the scope of the preliminary impact assessment to assess alternative actions (e.g. Safety Promotion, SIBs, Focused Oversight, Research) to Rulemaking
First draft PIA to be consulted early next year
Stronger risk-based planning (rulemaking and EASp) linked to the Agency safety risk management process (safety risk panel, safety risk portfolio)
EASA/SM2.1./SSCC/2-2015/5a
Presentation for IP06 and 07
10 December 2015
Next steps (after MB meeting next week)
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Prepare an implementation plan for the new RM process, including:
Communicate changes to internal and external stakeholders
Update Quality documentation (process, work instructions, templates)
Develop a training package on the new process
Monitor implementation
Plan a stakeholders feedback survey
EASA/SM2.1./SSCC/2-2015/5a
Presentation for IP06 and 07
10 December 2015
Thanks for your attention
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