Title: Status of the Harmonisation of the European Regulations in Light Aviation Roland STUCK EGU President Norwegian Gliding Days Elverum 28 October 2006
1Status of the Harmonisation of the
European Regulations in Light Aviation Roland
STUCKEGU PresidentNorwegian Gliding
DaysElverum 28 October 2006
2European Gliding Union
Founded in 1993 20 members 70,000 pilots 22,000
gliders Deals only with regulation
3European Aviation Safety Agency (EASA)
- In July 2002 the EU has decided to apply common
rules to aviation and to establish EASA - Objectives ensure a high and uniform level of
protection of the European citizen and facilitate
free movement of goods persons and services - EASA regulations are not converted into national
laws and apply directly - EASA is operational since September 2003
- EASA is located in Cologne
- Staff increases rapidly (300 persons)
- Website www.easa.eu.int
4The Basic Regulation 1592
- The Scope of power of EASA is defined by the
Basic Regulation (EC) 1592/2002 - Principles (scope, objectives, definitions)
- Substantive requirements (basic principles,
applicability, airworthiness, environmental
protection, operations and licensing, recognition
of certificates, etc) - Organisation of EASA (tasks, internal structure,
working methods, financial requirements, final
provisions)
5Tasks of EASA(Chronological order)
- Certification (initial airworthiness)
- Maintenance (continuing airworthiness)
- Licensing (pilot proficiency) and medical
- Operations
- Short term Airport Operations
- Long term Air Traffic Services
6Annex II of Regulation 1592
- Aircraft excluded from the European regulations
(remain under national jurisdiction) - Attempt to have gliders excluded failed
- Gliders with structural (maximum empty) mass of
less than 80 kg when single seater or 100 kg when
two seater, including those who are foot launched - An EGU request to have light gliders exempted
like ultralights aeroplanes i.e with MTOM lt300Kg
for a single seater or 450 kg for a two seater (
5 with rescue system), has been declined by EASA
7Rulemaking
- Rulemaking Directorate (Dir. C.Probst)
- 3 Levels of regulation
- Scope of powers (Basic Regulation 1592) and
Essential Requirements (ER), adopted by the
Parliament (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)
8Rulemaking Procedure
- For any change in the regulation, EASA must issue
a Notice Per Amendment (NPA) with a Regulatory
Impact Assessment (RIA) on their website - Consultation of stakeholders
- Evaluation of the answers EASA issues a Comment
Response Document (CRD) - Stakeholders may comment again
- EASA issues an Opinion (with a draft of the new
regulation) which is submitted to the Commission - If the Commission agrees they issue a
Communication and the amendment is submitted to
the Council and to the Parliament - If adopted the new regulation is published in the
OJ - Process is democratic but time consuming!
9Existing Regulation Structure
10Certification
- Regulation (EC) 1702/2003 (already in force)
- Benefit an aircraft certified in one country is
certified de facto in all other EU countries - The approval regulations for gliders has been
copied directly (JAR 22 CS 22) - Problems for the manufacturers with Part 21 (DOA
and POA not adapted to small companies) - EASA is trying to fix this in working group MDM
032 - All instruments installed in a glider must have
an EASA form 1 (Problem with e-vario and GPS !) - Action of EGU these instruments will be
considered as standard parts (NPA 20/ 2005)
11Maintenance
- Maintenance is regulated by Regulation (EC)
2042/2003, which is already in force for
commercial aviation - In most countries the application to light
aviation has been postponed to 28 September 2008 - Annex 1, called Part M describes the technical
requirements for all aircraft below 5.7 tonnes - Based on the concept of continuing airworthiness
- The owner is responsible that the aircraft is
maintained in airworthy condition. He may also
delegate this responsibility to a Continuing
Airworthiness Management Organisation (CAMO)
12MaintenancePrinciples of Part M
- Maintenance work done in Subpart F organisation
- Paperwork done in Subpart G organisations
- A Pilot-Owner is allowed to perform limited
maintenance tasks and to issue a release to
service (CRS) for these tasks - The Certificate of Airworthiness is not time
limited if associated with a valid Airworthiness
Review Certificate (ARC) - ARC valid for 3 years if the aircraft is
maintained in a controlled environment - Repairs shall be carried out using data approved
by the EASA or by an approved design organisation
(DOA)
13Maintenance The problems
- Part M is complicated and difficult to read
- Part M will increase the bureaucratic burden
- EASA approved Individual Maintenance program
required - Flight hours to be reported regularly if Subpart
F and G are separated - Written orders to be issued for maintenance work
- Modifications and repairs more difficult
- More paperwork for getting an ARC in the
uncontrolled environment (2 procedures) - Part M will probably increase costs
14Maintenance The consultation process
- In November 2004 EASA has performed a Regulatory
Impact Assessment (RIA) of Part M. - EGU organised a meeting of their working group
maintenance with EASA in April 2005 in Frankfurt - In April 2005 in Friedrichshafen we told to P.
Goudou (Pdt of EASA) that we do not accept Part M - In June 2005 EASA has issued NPA 07-05 in June
- Working Group M0017 is evaluating the answers
- At an EAS workshop on 4 and 5 Nov 2005 in
Cologne, most delegates of the various air sports
clearly rejected Part M - As a result EASA accepted to re-discuss Part M in
MDM 032
15LicensingThe consultation process
- In May 2004 EASA published the NPA 2/2004, with
a draft of ER Licensing and some questions to the
stakeholders - After consultation of their members EGU proposed
a dual system of licences - A EU-licence 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 2 Standard.
Assessment by General Practitioner - An ICAO-licence that allows flight outside the EU
and that is issued by the national authorities. - (requires a ICAO Class 2 Medical)
16LicensingThe EASA answer
- End of November 2004 EASA published the Comment
Response Document CRD 2/2004 - They proposed to introduce a "Restricted PPL" for
air sports. - For this RPPL General Practitioners (GP) could be
suitable examiners via Implementing Rules. - However they wrote that " flight in airspace with
a high traffic density could be restricted ". - EGU has objected to such airspace restrictions
related to the RPPL and to the name restricted - EASA submitted their Opinion 3/2004 (draft of
modification of Reg 1592) to the EC
17LicensingThe Commission answer
- End of November 2005 the Commission published
their answer (COM 579) - They 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. - For the RPPLthe medical certificate may be
issued by a general medical practitioner - The IRs for licensing will be drafted by the MDM
032 working group (EGU will make a proposal) - The amended Reg 1592 has been submitted to the
Council of Ministers and to the Parliament
18OperationsThe Consultation
- In NPA 2/2004 EASA has also published Essential
Requirements on Operations - In their answer EGU has asked EASA to lay down no
Implementing Rules for gliding - In their Opinion EASA proposed to keep the IRs at
high level ( JAR Ops 0) for all air sports - In COM 579 the Commission has also accepted this
proposal which is included in the new version of
Reg 1592 submitted to the council and to the EP
19Operations
- A working group has been set up to draft the IRs
(see MDM 032) The draft is due September 2007 - The EGU will make a proposal for the IRs
- EGU still works on an harmonisation of the most
important gliding procedures (EGU-internal
recommendation) - EGU has also collected statistics on accident
(collaboration with OSTIV TSP)
20MDM 032
- In February 2006 EASA has issued TOR for the
Multi Disciplinary Measure (MDM) 032 - Working group in charge of developing a concept
for the regulation of aircraft other than complex
motor powered aircraft, used in non commercial
activities - The mission
- Develop the concept of a regulation for these
aircraft (similar to LSA ?) - Develop IRs for the recreational PPL
- Develop IRs for the operations
- Rethink the implementation means today applied in
airworthiness. Adjustment to ER and development
of different IR for airworthiness - If needed propose a modification of Annex II of
Reg 1592
21MDM 032List of Experts
- Leroy Alain EASA Certification ( Chairman)
- Altmann Jürgen EASA
- Akerstedt Hans EAS
- Fridrich Jan EMF/ EAS
- Newby Graham PPF/ EAS
- Roberts David EGU/EAS
- Stuck Roland EGU/EAS
- Schuegraf Rudi EAS
- Taddei Bertrand EMF/EAS
- Konrad Jo IAOPA
- Pedersen Jacob IAOPA
- Wilson Mark ECOGAS
- Daney Claude Alain ECOGAS
- Barratt Reinert Christie CAA Norway
- Le Cardinal Hugues DGAC France
- Forbes Graham CAA UK
- Morier Yves EASA Rulemaking
- Sivel Eric EASA Rulemaking
22MDM 032The work
- 5 meetings since March 06
- First meeting we were told we were in front of a
blank sheet of paper. Do not refrain to be
creative - EGU produced a position paper How
to (de)regulate gliding (available on our
website) - We lost must time in finding an appropriate
procedure - Scope of view has been more and more restricted
- Result in August EASA issued A-NPA 14-2006 with
the first proposals
23A-NPA 14The options
- Initial airworthiness
- relaxation of the existing system
- industry monitoring,
- industry monitoring with self declaration)
- Continuing airworthiness
- adjusting Part M
- owner Responsibility
- no obligation at all
- Licensing 2 option (no IR, Light IR)
- No IR
- Light IR
- Operations
- no IR (only AMCs)
- Light IR and AMC
24A-NPA 14Evaluation
- 4400 answers were received (mail box filling!)
- Entering in a data base
- Reorientation of the work
- Modification of the TOR of MDM 032
- Creation of a subgroup licensing
- Creation of a subgroup for LSA like a/c
- Next meeting in January
- Problems
- Lack of an overal concept
- Boundary conditions (time, Part M)
- Many WG work in parallel
25Conclusion
- EASA has a positive attitude towards Air Sports
- They have realized that they cannot regulate
Sport Aviation like Commercial Aviation - They are ready to accept a large degree of self
management - They accept us as competent partners
- but
- Battle of power between NAAs and EASA
- Decisions made by EP and Council lobbying
needed! - We need more competent peoples to represent us
26More info