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EASA Law structure for dummies

I’ve lost the plot a little with all the EASA publications. There’s Part-NCO, Basic Regulations, AMC and GM, SERA, AIP, “rules of the air” and they all apply somehow or other.

Is there a structure in it that anyone cares to share, which has precedence over the other?

Rules of the air / AMC / GM
Regulation (EC) No 216/2008
Part-FCL / AMC / GM
Commission Regulation (EU) No 1178/2011
I’m lost already.

By Google:

The elephant is the circulation
ENVA ENOP ENMO, Norway

As I understand it (at least from before EASA) is that the rules of the air, today called SERA, is the backbone for all aviation activities. The rest are more specialized areas, licenses, operations and so on.

The elephant is the circulation
ENVA ENOP ENMO, Norway

My 10 eurocents:

The basic regulation is the rule that basically says EASA can make other, more detailed rules. To GA pilots, the 3 most important rule sets are

  • Part-FCL about licences and ratings (arguably Part-MED belongs here also),
  • OPS rules called Part-NCO (unless we fly jets or commercially),
  • and rules of the air, Part-SERA.

Within each Part there is hard law (EU-regulation), and soft law (AMC and GM). Soft law – AMC- can be amended by the national authorities. Pilots are required to observe both hard and soft law.

This http://easa.europa.eu/regulations is a useful entrance if you really want to venture.

AIP is not really law, but information from the national authority. That, and national regulation, cannot overrule EASA-regs, which are EU-regs. However, there are many contradictions between EASA-regs and national regs, and although EASA-regs officially take priority, the national authorities are often reluctant to accept, or understand, this – if they even realise there is a conflict.

Last Edited by huv at 14 Jun 13:42
huv
EKRK, Denmark

AMC- can be amended by the national authorities

AFAIK (IANAL) it can only be amended to be less restrictive. AMC is acceptable means of compliance, if you comply with the AMC, the authorities have no basis for disallowing it.

GM is guidance material, it isn’t law at all, just the way the agency interprets the law.

LSZK, Switzerland

I Am Not A Lawyer ??

huv
EKRK, Denmark

@Tomjnx

Do you mean more restrictive?

Last Edited by at 14 Jun 16:14
Checkin' in smooth

No, it cannot get more restrictive than the AMC, NAAs have to accept the AMC method, but they can also accept different methods of equivalent safety.

LSZK, Switzerland

LeSving wrote:

As I understand it (at least from before EASA) is that the rules of the air, today called SERA, is the backbone for all aviation activities. The rest are more specialized areas, licenses, operations and so on.

No, as the chart you posted shows, SERA is also a specialised area – traffic rules.

ESKC (Uppsala/Sundbro), Sweden

The number of people I know who know where to look for a particular EASA regulatory area can be counted on the fingers of one hand, and it doesn’t include me…

There is also every indication that the national CAAs of most small countries in Europe cannot read the regs either.

Administrator
Shoreham EGKA, United Kingdom
13 Posts
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