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:
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.
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
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.
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.
I Am Not A Lawyer ??
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.
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.
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.