initial issue & amendment 1
EASA publication with long list of rules
Not clear whether EASA to enforce
The Limitations and Disclaimer not help
EASA issued a technical publication which is described in the below box-
To try to understand the meaning, it may be useful to try to diagram the key words:
…the applicable rules
\for the common rules
\of the air and operational provisions
\in air navigation
Having carefully parsed this set of words it is not 100% clear what the purpose of the SERA is.
- Does it mean that the member states MUST adopt SERA?
- Is SERA a goal as in a form to be emulated?
- Is SERA intended to instruct Member legislatures to begin to copy these terms?
- Is SERA a declaration of what EASA intends to enforce? Now? Sometime in the future?
- One resource states that EASA “carries out certification, regulation, and standardization, and also performs investigation and monitoring. It collects and analyses safety data, drafts and advises on safety legislation, and coordinates with similar organizations in other parts of the world.”
- That would seem to indicate that SERA is just advisory.
- Perhaps this is a declaration of EASA’s vision of a uniform set of aviation regulations to be ENFORCED by Cologne within the Member States?
EASA included a Disclaimer within SERA which does not clarify the intent of the publication:
This version is issued by the European Aviation Safety Agency (EASA) in order to provide its stakeholders with an updated and easy-to-read publication. It has been prepared by putting together the officially published regulations with the related acceptable means of compliance and guidance material (including the amendments) adopted so far. However, this is not an official publication and EASA accepts no liability for damage of any kind resulting from the risks inherent in the use of this document.
SERA has an index to the extensive library of sections contained:
[NOTE: FAR experts commend EASA for including Alternate Means of Compliance in the regulatory materials.]
The actual text is composed of rules applicable to all aspects of flight within the EASA nations. Such provisions should be mandatory; the restrictions should be enforceable. It is curious why SERA is not explicit about the applicability of what appears to be regulations.
Perhaps it is that not being an expert on EU law, the meaning is not clear. However, one would expect that any set of rules which are intended to govern flight should be explicit.
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