Total system approach and performance-based rulemaking

One of the main objectives of the Basic Regulation is to establish and maintain a high uniform level of civil aviation safety and environmental compatibility. The Community system gives legal certainty as one single set of requirements will be adopted at the same date by all 31 EASA Member States (27 EU plus Norway, Iceland, Switzerland and Liechtenstein). These requirements are directly applicable and will replace national law without creating an additional layer of legislation.

The total system approach is based on the fact that the aviation system components – products, operators, crews, aerodromes, ATM, ANS, on the ground or in the air - are part of a single network. Uniformity is achieved by common implementing rules adopted by the Commission. The "total system approach" eliminates the risk of safety gaps or overlaps, and seeks to avoid conflicting requirements and confused responsibilities. Regulations are interpreted and applied in a standardised manner and best practices are provided. At the same time, uniformity means to protect citizens and to provide the level playing field for the functioning of the internal market. Furthermore, it will allow for the realisation of increased interoperability of products and services. The “total system approach” also streamlines the certification processes and reduces the burden on regulated persons and organisations.

The Community system is in line with the EU concept of "better regulation". The system’s ability to combine “hard” and “soft” law provides for the possibility to take decisions at the most appropriate level ("subsidiarity"), while at the same time considering the size and economic strength of regulated persons and organisations ("proportionality"). The Agency’s approach of performance-based rulemaking implements these principles by placing essential safety elements in the rule, leaving non-essential implementation aspects to Certification Specifications (CS) or Acceptable Means of Compliance (AMC). Despite of their non-binding nature, these CS and AMC have an important role to play in providing for sufficient flexibility in the implementation of the community requirements.