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Aircraft Parts, aviation, Continued Operational Safety, Manufacturing, Repair Stations, Safety Management Systems

EASA Continues the SMS Process

EASA has taken the next step toward implementing a Safety Management Systems (SMS) rule for manufacturers and repair stations.

EASA SMS Opinion 04/2020 was proposed to the European Commission, today. Under that opinion. EASA proposes to modify the EU aviation manufacturing regulation, and the EU aviation maintenance regulation, in order to incorporate SMS. The proposed changes would also accomplish other objectives, like better alignment with other regulatory structures.

The next step is for the European Commission to adopt those changes. We do not yet know the precise timeline for that implementation, but the proposal has suggested implementation in the third quarter of 2021 (this timeline is not binding on the European Commission). Once the proposal is adopted by the Commission, EASA proposes that the amending regulations become applicable one year after adoption by the Commission.

The most notable SMS changes to the European aviation regulations are meant to:

  • Incorporate safety risk management, safety performance and continuous improvement elements into the EU regulations;
  • Foster an organizational safety culture in repair stations, design organizations, and production organizations; and
  • Streamline the oversight requirements for government agencies.

One of the key features of SMS for regulated parties is the identification of hazards – including future hazards – and the current mitigation of the risks posed by those predicted hazards. EASA notes that during the COVID-19 pandemic, they’ve noticed that an organization’s ability to effectively identify and manage emerging risks has proven to be an efficient tool for returning to normal operations. This is offered as a support for the value proposition associated with the introduction of SMS regulations.

EASA also posted its Comment-Response Document (CRD) for the SMS rule on its website, today. That document explains a number of the decisions that were made in the development of the SMS proposal. Each of the MARPA comments are detailed, and the EASA responses to those comments are provided (either in the list of comments found in an appendix or in a more general discussion in the text of the CRD discussion.

About Jason Dickstein

Mr. Dickstein is the President of the Washington Aviation Group, a Washington, DC-based aviation law firm. Since 1992, he has represented aviation trade associations and businesses that include aircraft and aircraft parts manufacturers, distributors, and repair stations, as well as both commercial and private operators. Blog content published by Mr. Dickstein is not legal advice; and may not reflect all possible fact patterns. Readers should exercise care when applying information from blog articles to their own fact patterns.

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