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icemanalgeria
29th Jan 2016, 15:12
Is it still possible under EASA for countries to give dispensation to home airlines ?

FlightDetent
29th Jan 2016, 17:40
Assuming FLT = flight time limitations, this I found on a EASA website
Regulation (EU) 965/2012 as last amended by Regulation (EU) 83/2014 is applicable as from 18 February 2016. Member States, Competent Authorities and Operators may prepare implementing measures of transition so that all requirements are met as from the date of applicability, but until such date, the Regulation is not applicable. During this transition period, operators may implement the new FTL system, provided the individual schemes comply with Subpart Q of EU-OPS and national provisions in force.

Basically, we are not looking at EASA rules, but rather COMMISSION REGULATION (EU) No 83/2014 here: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2014.028.01.0017.01.ENG.

The preamble states:
(5) Member States may derogate or deviate from this Regulation or the related certification specifications respectively, by applying provisions of a level of safety which is at least equivalent to the provisions of this Regulation, in order to better address particular national considerations or operational practices. Any derogations or deviations from this Regulation should be notified and treated in accordance with Articles 14 and 22 of Regulation (EC) No 216/2008, which ensure transparent and non-discriminatory decisions based on objective criteria.

RAT 5
29th Jan 2016, 18:24
If by your question you are asking if a national XAA can allow a dispensation to weaker limits, IMHO No. Thank god for small mercies.

Denti
29th Jan 2016, 19:18
Germany pushed back the implementation of EASA FTL to april 1st of this year and is already approving alternate acceptable means of compliance. Which are quite often worse than what the AMC/CS/GM describe.

Always remember, only the council decision is binding, the rest is "soft law", things the EASA thinks is nice but which in itself is not necessarily binding as long as your countries CAA deems the alternate means assure a similar level of safety.

FlightDetent
29th Jan 2016, 19:23
as long as your countries CAA deems the alternate means assure a similar level of safety I was under the impression the NAA needs to apply for the alternative method of compliance with EASA; that they cannot authorize less-than-AMC on their own. Wrong?