ATM Basics

What is the status of documents published during the EASA Rulemaking process such as Notice of Proposed Amendment (NPA) or Comment Response Document (CRD)? Can they be used if there is no EASA rule available?

NPAs and CRDs are part of the Agency's rulemaking process to inform and consult stakeholders about possible rule changes or newly developed rules. The proposed rules, (provided in an NPA), are obviously not binding and still subject to change, either during the EASA rulemaking process or the Commission's comitology process. While a NPA and CRD may give a broad indication on how the future rule could look like, the Agency generally does not recommend using them before the final rules are published.

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What is the 'Cover Regulation'?

Reference: Regulation (EU) No 2017/373
The Cover Regulation includes the first 10 articles of the referenced Regulation, which:

  • explain the principles and considerations of the legislator when adopting the regulation (the 'whereas' clauses);
  • define the regulation's objective and scope including to whom/what the regulation and its annexes apply;
  • establish the applicability and enter into force dates, including any grandfathering and transition measures for the adaptation to the new rules.

 

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What do 'enter into force' and 'applicability' mean in the Cover Regulation?

Reference: Regulation (EU) No 2017/373

When Regulations are published in the Official Journal of the European Union they invariably include several dates. The date of entry into force is usually expressed as the 20th day following publication of the Regulation in the Official Journal of the European Union. It means that the EU rules have been adopted and published - thus producing legal effects - but are not necessarily mandatory on the date of entry into force. The date when they become mandatory is the date of applicability.

The Regulation (EU) No 2017/373 entered into force on 21 March 2017 and the dates of applicability are specified in Article 10.

 

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