The European Aviation Safety Agency is relatively young, and is still growing in order to address a growing set of responsibilities. At ECA and among its Member Associations something else is growing: concern that the legislators are failing to understand that it must be strong and independent in order to meet the European Citizen?s need for the highest possible levels of safety in European Civil Aviation.

Regulation 1592/02 is currently being revised so EASA can address new responsibilities in operational and personnel licensing regulation. Our concern is that the revision will deny EASA the ability to decide whether a proposed variation to the standard regulation (an Acceptable Means of Compliance (AMC), in the jargon) provides an equivalent level of safety for European citizens.

In essence, ECA is concerned for two main reasons; firstly the majority of the regulation may be translated into non legally binding "implementing rules" rather than in binding law. Secondly, that each of the 27 NAAs, for reasons specific to a particular local or airline situation, would be able to approve an AMC which could subsequently apply across the entire European aviation market. This would create a "race to the bottom" for regulation and potentially dramatically lower safety standards!

ECA believes that it is imperative that all important regulation is legally binding, and that all AMCs are approved by EASA, following proper industry consultation.

For professional pilots, the concern may centre on the protection provided to the travelling public from pilot fatigue - but the concern is valid for virtually all areas covered by the revised regulation. Any area which impacts on the safe operation of a civil aircraft must be regulated by a strong, independent safety regulator with a scope appropriate to the size of the market; EASA.

Although this is a dry and complex area of European regulation, it will directly affect the safety of all those who work in or use the civil aviation industry. So ECA will make every effort to persuade the European Council and Parliament to ensure the highest level of protection for every member of the European Community (whether they fly in the aircraft or live underneath the flight path). ECA is sure that the legislator will take these concerns into account. If, at any point, safety is at stake, ECA may be forced to bring this reduction in safety regulation to the citizens? notice.

For professional pilots and citizens right across Europe, the co-decision procedure of the European Council and European Parliament must deliver a strong and independent EASA, with an ability to write and enforce the highest levels of safety regulation in Civil Aviation - in practice, not just in the rhetoric.