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Status of the harmonisation of regulations of light aviation in Europe

Status of the harmonisation of regulations of light aviation in Europe. Roland STUCK PRESIDENT’s MEETING EUROPE AIR SPORTS Brussels 3 February 2007. European Aviation Safety Agency (EASA).

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Status of the harmonisation of regulations of light aviation in Europe

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  1. Status of the harmonisation of regulations of light aviation in Europe Roland STUCK PRESIDENT’s MEETING EUROPE AIR SPORTS Brussels 3 February 2007

  2. European Aviation Safety Agency (EASA) • In July 2002 the EU Council and Parliament decided to apply common rules to aviation and to create the EASA • Objectives: • ensure a high and uniform level of protection of the European citizen • facilitate free movement of goods, persons and services • EASA regulations apply directly • EASA is operational since September 2003 • EASA is located in Cologne • Website: www.easa.eu.int

  3. The Basic Regulation 1592 • Principles (scope, objectives, definitions) • Substantive requirements (basic principles, applicability, airworthiness, environmental protection, recognition of certificates) • Organisation of EASA (methods, financial requirements, final provisions) • Annex 1 Essential requirements airworthiness • Annex 2 Aircraft excluded from common regulations

  4. Rulemaking • Rulemaking Directorate (Dir. C.Probst) • 3 types of regulation: • Basic Regulation (1592) with Essential Requirements (ER), adopted by the Parliament and by the Council of Ministers (Hard Law) • Implementing Rules (IR), adopted by the Commission • Certification Specifications (CS), Acceptable means of compliance (AMC) and Guidance Material (GM) adopted by EASA (Soft Law)

  5. Rulemaking Procedures • For any modification of the hard law EASA has to issue a Notice for Proposed Amendment (NPA) and/or a Regulatory Impact Assessment (RIA) • Consultation • Analysis of the answers • EASA issues a Comment Response Document (CRD) • Stakeholders may comment again • EASA sends an Opinion to the Commission • The Commission issues a communication to the Council and to the Parliament • The Council of Ministers and the Parliament negotiate (Co-decision process) • Publication of the regulation • Process is democratic but time consuming!

  6. Tasks of EASA issuing essential requirements for: • Certification (initial airworthiness)(Done) • Maintenance (continuous airworthiness)(Done but on going for light aviation) • Licensing (pilot proficiency) and medical(On going) • Operations(On going) • Airport Operations(Soon) • Air Traffic Services(Long term)

  7. Certification • Basic Regulation is already in force (EC 1702/2003) • Benefit: an aircraft certified in one country is certified de facto in all other EU countries • The JAR airworthiness codes have been taken over: JAR 23 -> CS 23, JAR 22 -> CS 22, JAR VLA -> CS VLA • PROBLEM: Part 21 is not adapted to small companies!

  8. Maintenance • Regulation already in force (EC 2042/2003) • 4 Annexes: • Annex I: Part M Airworthiness of a/c < 5.7 Tons • Annex II: Part 145 Maintenance organisations for commercial transport • Annex III: Part 66 Maintenance licences • Annex VI: Part 147 Training organisation • Our Main Concern is Part-M • Application of Part M postponed to 28 September 2008 (most NAA opted out)

  9. Maintenance (continued) • Part M is not adapted to the simplicity of light aircraft • Mechanics must be Part 66 licensed • Maintenance program required for each individual a/c • Flight hours to be reported regularly Written orders to be issued for maintenance work • More paperwork for getting an ARC in the uncontrolled environment • PROBLEM: Part M will dramatically increase the bureaucratic and financial burden for sport aviation ! • During a meeting with EASA organised by EAS in Nov 2005 the delegates of the various air sports clearly rejected Part M.

  10. Licensing • In May 2004 EASA published a draft of Essential Requirements for Licensing • EAS proposed an EU-licence for sport aviation • that allows free movement across Europe. • Air sports organisations should be allowed to issue this licence. • Medical standard may be different from the ICAO Class and FCL standards. • Assessment of medical fitness by General Practitioner • EASA accepted the EAS proposal and submitted a draft modification to the Basic Regulation to the Commission

  11. Licensing(continued) • In COM 579 the Commission accepted to create a „recreational pilot licence, tailored more closely to this category of airspace users. This license would be issued by assessment bodies approved by the Agency or by the competent national authority. Sports federations could for example fulfil this function“ • „the medical certificate may be issued by a general medical practitioner“ • The amended Regulation has been submitted to the Council and to the European Parliament • The Parliament seems to agree with the proposal, • but: • The Council of Ministers has turned down several proposals (assessment bodies, GP, RPPL >2 tonnes)

  12. Operations • EASA has also published Essential Requirements for Operations • They have no significant implications for air sports • EAS wants to issue « Light » Implementing Rules

  13. MDM 032 • Due to the numerous EASA has accepted to re – discuss the overall concept • They created the working group MDM 032 in charge of « developing a concept for the regulation of aircraft other than complex motor powered aircraft, used in non commercial activities ». • The tasks: • Develop Implementing Rules for the recreational PPL • Develop Implementing Rules for operations • Rethink the implementation means today applied in airworthiness. • If needed, propose a modification of Annex II

  14. MDM 032 • 7 EAS experts (H Akerstedt, J Fridrich, G Newby, D Roberts, R Schuegraf, R Stuck, B Taddei) • 7 meetings since March 06 • Lot of enthusiasm at the beginning • Result: NPA 14-2006 proposes an overall concept with various options for regulation of Certification, maintenance, licensing, operations

  15. A-NPA 14/2006 • EASA received more than 4400 answers • Analysis is on going • Consequence: Reorientation of the work • Modification of the Terms of Reference • Creation of a subgroup in charge of drafting IR for leisure licence • Creation of a subgroup in charge of proposing rules for an European Light Aircraft (ELA) similar to LSA. • Simplification of certification for CS-VLA a/c up to 890 Kg , CS-22 gliders up to 850 Kg • Microlights will stay in Annex II

  16. Other Working Groups(EASA) Advisory Boards to EASA Rulemaking • EAB Advisory Board (Sir John Allison) • SSCC Safety Standards Consulting Committee ( R Schuegraf) Rulemaking Groups • 22.001 Fatigue Substantiation (J. Neumann) • M 023 Permit to fly (J Neumann, B. Plumb) • 66.008 Validity Period of Part 66 licenses ( R. Schuegraf) • VLA.004 Exits (R. Schuegraf) • M 005 Pilot Owner Maintenance (R Schuegraf) • M 0017 Part M (H Torode, H Hald, R Schuegraf) • OPS 001 (J. Hencks,) NPA Sept 2007

  17. Other Working Groups(EASA) • Subgroup Aerial Work (J. Hencks, M. Borgmeier) • FCL 001 (R. Schuegraf) • FCL 001 Subgroup Medical (P Saundby) • FCL.001 Subgroup Non Jar Licences ( R Schuegraf, T Slater, J. Vinther) • 66 009 Maintenance Licence Type Ratings (K. Craigie, R. Schuegraf) Nominations (no EASA decision): • Subgroup MDM 032 RPPL (J Vinther, P Saundby, M Rocca, R Stuck) Subgroup M 0017 Part 66 Light License(J Neumann)

  18. Other Working Groups(Airspace) SEB • ICB Airspace Users Group (R Schuegraf) • SESAR Forum (PDraper) EUROCONTROL • ANT Airspace and Navigation Team (G Bertram) • SCG Stakeholders Consultation Group (GBertram) • TFA Airspace Classification (G Bertram) • 8.33 Steering Committee (F v Haaff) • 8.33 Contact Persons (F v Haaff) • Cascade ADS-B (F v Haaff) EUROCAE • WG 73 UAV (G Lynn)

  19. Conclusion • EASA acceptsEAS as a competent partner • We have an influence on the EASA proposals • But the final decision belongs to the Commission, the Council of Ministers and the Parliament! • It is useless to work out good proposals with EASA if they are turned down by these bodies • You must lobby in your own country ! • Make sure that your members of the EP and EC understand and are supportive of our needs ! • Do we need to employ a paid lobbyist ? • They have realized that they cannot regulate Sport Aviation like Commercial Aviation • They are ready to accept a large degree of self management • MDM 032 is promising but: • EASA is understaffed (low priority for airsports) • Lack of co-ordination between various working groups • Battle of power between NAAs and EASA • Decisions made by EP and Council: lobbying needed! • We need more competent peoples to represent us

  20. Conclusion(continued) • EAS is doing a huge work (volume and complexity!) • We represent you in more than 25 working groups … • We need more people helping us! • Finally all this has a cost • We need to discuss the funding of EAS!

  21. A-NPA 14/2006Options for certification • Keeping the existing system for a/c > 2 Tons • For lighter a/c three options: • EASA keeps control but the procedures for certification of a/c and agreement of DO and POA are simplified. Transfer of competence to the TC holder * • Implementation of Industry Standards. Certification still done by EASA but the manufacturers agree on standards. Compliance to this standards checked by assessment bodies • Same as option 2 but self declaration system for a/c with MTOM up to 750 Kg (similar to LSA)

  22. A-NPA 14/2006Options for Maintenance and Operations • Maintenance • Simplification of Part M or writing of a Part M „light“ * • The owner is entirely responsible (no inspection) • Everything is free even modification • Operations • No IRs • Light IRs*

  23. A-NPA 14/2006Options for licensing • No Irs • Light IRs* Creation of a recreational licence (RPPL) for all non complex a/c with MTOM < 5.7 tonnes used for non commercial operations Basic licence which can be extended for other categories of a/c (powered a/c gliders, ballons) and other types of ops Cross crediting of flight hours Fitness can be demonstrated to a General Practitioner Bridge to other licences (JAR FCL and ICAO licences)

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