the new rulemaking process...presentation for ip06 and 07 10 december 2015 analyse issue and develop...

The New Rulemaking Process

Marcella Miano, Rulemaking Process OfficerSSCC 2-201510 Dec 2015

EASA/SM2.1./SSCC/2-2015/5a

Presentation for IP06 and 07

10 December 2015

Agenda

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What we wanted to achieve

The current process as in MB Decision 01/2012

The novelties of the new rulemaking process

Expected benefits and first achievements

The next steps



10 December 2015

What we wanted to achieve

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Less regulation: regulatory material is only developed or reviewed when there is a shared and evidence-based benefit

Better regulation: regulatory material is simple to understand, implement and oversee, while achieving its objectives

Timely regulation: regulatory material can be developed in a timely manner while keeping an adequate level of transparency and stakeholders’ involvement

Take into account the outcomes of the stakeholder feedback survey ran in November 2014



10 December 2015

The Rulemaking Process– as in MB Decision 01/2012

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10 December 2015

Analyse issueand

developRIA

DraftRule

Public Consult

(1-3 months)

Taskinitiation

ConsultAdvisoryBodies

on draft ToR

Rulemaking Programme

Opinion

Decision

NPA incl.RIA

ToRGC

Assesscomments,

finalreview

Pre-RIA

Novelties in the new Rulemaking Process

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Strengthened Impact Assessments for less and better rules

A more flexible consultation for a tailor-made and thus more efficient and timely rulemaking process

A streamlined Advisory structure for better involvementof MS and interested parties

Strengthening Impact Assessment

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10 December 2015

Analyse issueand

developRIA

DraftRule

Public Consult

(1-3 months)

Taskinitiation


on draft ToR


Opinion

Decision

NPA incl.RIA

ToRGC

Assesscomments,

finalreview

PIA

Ex-post evaluation

RIA

Strengthening Impact Assessment

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Preliminary Impact Assessment (PIA) - to ensure that alternative actions to rulemaking, in particular safety promotion, SIBs, research and focussed oversight, are assessed when deciding how to address an issue

Regulatory Impact Assessment with a stronger involvement of the advisory bodies to assess the need for a performance based approach and ensure rulemaking actions are based on evidence and sound analysis

Ex-post evaluation, as an explicit part of the rulemaking programme, to systematically assess the efficiency of rules, address overregulation and support the use of a performance based approach



10 December 2015

Flexible Consultation (1)

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Optional consultation of ToR with the Advisory Bodies

Additional information are included in the Rulemaking programme

Use of the focussed consultation (e.g. workshops, consultation of the Advisory bodies, a limited survey, etc.) for replacing the NPA

Criteria for such “accelerated projects”: urgent issue, non-controversial or non-complex issue, limited size of the affected group of stakeholders, NAAs and interested parties’ consensus



10 December 2015

Analyse issueand

developRIA

DraftRule

Public Consult

(1-3 months)

Taskinitiation


on draft ToR


Opinion

Decision

NPA incl.RIA

ToRGC

Assesscomments,

finalreview

Flexible Consultation (2)

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Direct publication of CS, AMC and GM or Opinion in well defined cases (e.g. non-controversial ICAO amendments consulted through State Letters, adoption of recognised foreign authority’s advisory material, existing and agreed industry standards)

Consultation of the Advisory Bodies (4-6 weeks) prior to the publication of the final deliverable



10 December 2015

DraftRule


ToR

Opinion

Decision

Taskinitiation

Expected benefits

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A fact-based evaluation of the need for a Rulemaking action vs alternative actions (focused oversight, safety promotion, research) through PIA

Stronger risk-based planning and rule development (wrt PIA and RIA)

An increased flexibility and adaptability of the process to the peculiarities of the different projects

The possibility to address urgent issues by publishing regulatory material in about 4 months with direct publication or in one year with focussed consultation



10 December 2015

First achievements

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Widen the scope of the preliminary impact assessment to assess alternative actions (e.g. Safety Promotion, SIBs, Focused Oversight, Research) to Rulemaking

First draft PIA to be consulted early next year

Stronger risk-based planning (rulemaking and EASp) linked to the Agency safety risk management process (safety risk panel, safety risk portfolio)



10 December 2015

Next steps (after MB meeting next week)

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Prepare an implementation plan for the new RM process, including:

Communicate changes to internal and external stakeholders

Update Quality documentation (process, work instructions, templates)

Develop a training package on the new process

Monitor implementation

Plan a stakeholders feedback survey



10 December 2015

Thanks for your attention

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the new rulemaking process...presentation for ip06 and 07 10 december 2015 analyse issue and develop...

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