Status of the Harmonisation of the European Regulations in Light Aviation Roland STUCK EGU President Norwegian Gliding Days Elverum 28 October 2006 - PowerPoint PPT Presentation

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Status of the Harmonisation of the European Regulations in Light Aviation Roland STUCK EGU President Norwegian Gliding Days Elverum 28 October 2006

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Title: Status of the Harmonisation of the European Regulations in Light Aviation Roland STUCK EGU President Norwegian Gliding Days Elverum 28 October 2006


1
Status of the Harmonisation of the
European Regulations in Light Aviation Roland
STUCKEGU PresidentNorwegian Gliding
DaysElverum 28 October 2006
2
European Gliding Union
Founded in 1993 20 members 70,000 pilots 22,000
gliders Deals only with regulation
3
European 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

4
The 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)

5
Tasks 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

6
Annex 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

7
Rulemaking
  • 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)

8
Rulemaking 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!

9
Existing Regulation Structure
10
Certification
  • 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)

11
Maintenance
  • 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)

12
MaintenancePrinciples 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)

13
Maintenance 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

14
Maintenance 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

15
LicensingThe 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)

16
LicensingThe 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

17
LicensingThe 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

18
OperationsThe 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

19
Operations
  • 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)

20
MDM 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

21
MDM 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

22
MDM 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

23
A-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

24
A-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

25
Conclusion
  • 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

26
More info
  • www.egu-info.org
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