European Aviation Regulation: Basic Regulation, EASA Hard Law, and Soft Law
In Europe, aviation safety regulation is structured through the European Union and its specialized agency.
Basic Regulation
The main legal framework is Regulation (EU) 2018/1139, known as the "Basic Regulation". This regulation establishes common rules in the field of civil aviation and establishes the European Union Aviation Safety Agency (EASA).
Characteristics of the Basic Regulation
- It is binding in its entirety and directly applicable in all EU Member States (Hard Law).
- Its main objective is to "establish and maintain a high and uniform level of civil aviation safety in the Union".
- It applies to the design, production, maintenance, and operation of aeronautical products, personnel, aerodromes, and air traffic management (ATM/ANS), provided they are under the EU safety system. (Excludes certain experimental, military, or very light aircraft regulated nationally).
EASA Regulatory Structure
EASA regulatory material is divided into two main categories:
Hard Law (Binding)
Includes regulations that are legally mandatory:
- Basic Regulation: Adopted by the European Parliament and the Council.
- Implementing Rules (IRs): Regulations adopted by the European Commission to ensure uniform application of safety standards (e.g., Reg. 965/2012 on Air Operations). They are binding in their entirety.
Soft Law (Non-Binding)
Support material published directly by EASA to assist in compliance, but which has no mandatory force of law in itself (although it may become binding under certain certification conditions):
- Certification Specifications (CS): Technical standards for design.
- Acceptable Means of Compliance (AMC): Non-binding standards that illustrate how to comply with the regulation. If AMCs are followed, compliance with the rule is presumed. Alternative means may be proposed but require approval.
- Guidance Material (GM): Explanatory information to help understand the rules, without suggesting specific methods of compliance.