Eurocontrol has released a Eurocontrol notice of proposed rulemaking (ENPRM) defining the process by which it will be able to make rules that are binding on all contracting states.
The purpose is to create a single executive body that can ensure agreed air traffic management (ATM) standards are applied uniformly throughout Europe. The development is an important step towards the declared "single European sky" objective.
At present, Eurocontrol is a co-ordinating body, like the Joint Aviation Authorities, for ATM policy in its 31 member states in Europe, but it does not have executive power.
The draft document - in the form of an ENPRM - defines the "regulatory framework" for Eurocontrol's future rulemaking processes. Its publication is the penultimate stage in its executive empowerment, and it is the result of consultation that started in 1999. Stakeholders and the public have until 31 July to comment.
Eurocontrol will be able to make legally binding rules when the comments have been "reviewed and consolidated" into the final document, which then has to be approved by Eurocontrol's council.
Eurocontrol proposes a rulemaking process like that of the JAA and the US Federal Aviation Administration, starting with an ENPRM to allow consultation. The rules the agency makes, says the draft document, will be compatible with International Civil Aviation Organisation and JAA standards and guidelines, and they will be "drafted to avoid divergence of implementation".
When proposed rules are finally approved, "decisions taken by the Eurocontrol decision-making bodies are automatically binding to contracting parties and the agency," according to the draft rule.
Source: Flight International
