accommodating sub-orbital and orbital (soa) flights in the eu

Accommodating Sub-orbital and Orbital (SOA) Flights in the EU

Jean-Bruno MARCIACQ EASA-RM Officer, SOA Coordinator

Regulation of Emerging Modes of Transportation (REMAT)

Institute for Air & Space Law-McGill University, 25 May 2013

How to allow Sub-Orbital and Orbital Aircraft to fly in the EU?

3

Contents

• I. The institutional and legal framework

• II. The Role of EASA for Certification

• III. Status and Proposed regulatory approaches

• IV. Proposed Cooperation

• V. Conclusions

IASL/REMAT - Montreal, Canada - EASA26 May 2013

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I. The institutional and legal framework


IASL/REMAT - Montreal, Canada - EASA 5

European Union and EFTA countries

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27 EU states

4 EFTA states

6

How the European Union works

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SUPRANATIONAL

INTERGOVERNMENTAL

IASL/REMAT - Montreal, Canada - EASA

7

The institutions

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European Court of Justice

European Council

European Commission

European Parliament

Council of the European Union

EASA


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EASA is an Executive and Implementing Body of the EU and a Technical/Regulatory Agency, established by the EU Council and Parliament

EASA is managed at Commission level by DG-MOVE (Transports), who also coordinates the adoption of EASA Opinions with the other DGs and EU-Institutions (Council, Parliament)

EASA may also provide Technical Assistance to other EU institutions or DGs within its competences and in coordination with DG-MOVE

DG-RTD (Research and Innovation)

DG-ENTR (Enterprise)

Research Projects in Aviation Safety: e.g. FAST20XX

EASA in the EU Context (1/2)


9

EASA is managed at the strategic and budgetary levels by a Management Board, composed of representatives of the Commission and EU-Member States

EASA is financed by EU Subsidies for Rulemaking activities (to ensure its independence from stakeholders)

EASA is self-financed for certification and oversight (standardisation) activities by the Fees and Charges Regulation (EC) 593/2007

Member States retain some implementing powers (Subsidiarity)

EASA in the EU Context (2/2)


10

The EU aviation safety system

26 May 2013

National Aviation Authorities

Issue most certificates, approvals and licences

Oversee organisations

Implement EU law

European Aviation Safety Agency

European Commission Adopts rules

Launches infringement

procedure

Manages Safety List

Proposes rules

Issues some certificates and

approvals

Performs inspections

Manages European Aviation Safety

Programme

Industry


11

The European Aviation Safety Agency

26 May 2013

• European Union Agency• Technically independent• Legal and financial autonomy

“Ever safer and greener civil aviation”



About EASA

• Founded in 2003• Built on

experience from the JAA & MS

• Located in Cologne, Germany

• Staff of more than 700

• Headed by Mr Patrick GOUDOU

Mr Patrick KY from 1.9.2013

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Scope

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Economic regulation

Performance regulation

ATM

/AN

S

Aer

odro

mes

3rd

Cou

ntry

Ope

ratio

ns

Ope

ratio

ns &

FCL

Air

wor

thin

ess

Interoperability regulation

Safety regulation TOTAL SYSTEM APPROACH


14

Regulatory Structure

Agency Opinion

European Commission European Council

European Parliament

Basic

Regulation

Agency Opinion

European CommissionImplementing Rules

Agency Decision

AMC, GM, CS

Soft Law

26 May 2013

• Acceptable Means of Compliance• Guidance Material• Certification Specifications



Current Regulations

Initial Airworthiness

Continuing Airworthiness Air Crew

Basic Regulation (EC) No

216/2008

Airworthiness Flight Standards ATM/ANS

Air Traffic Controllers Licences

ATM/ANS Oversight

ANS Providers

AUR and ACAS II

OPS SERA

26 May 2013

16

Advantages

• Centralisation – • efficiency

• Decentralisation – local application

• System, not task oversight

• Open to comment – transparent

Proportionate

• Flexible• (AMCs / GM /

CS)

26 May 2013 IASL/REMAT - Montreal, Canada - EASA

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Soft Law

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Implementing Rules

Soft Law• Acceptable Means of Compliance• Guidance Material• Certification Specifications

Basic

Regulation


18

Who decides what?

Legislator Commission Agency

Transfer ofpowers fromMS’s to EC.

EssentialRequirements

(ER’s)Specifying the

safety objectives.

ImplementingRules (IR’s)

=binding

standardsto implement

BR & ER’s.

CS, AMC, GM=

non-bindingstandards toimplement

ER’s and IR’s.


19

Standards

• In establishing and maintaining a

• high and uniform level of safety for

civil aviation• the rules must reflect

the • “state of the art”

and the best practices in the fields concerned

• Standards and recommended practises established by ICAO need to be complied with

• Where applicable other technologies and practises need to be used where it can be demonstrated to be of benefit

• Appropriate use of standards developed by standardisation organisations will ensure a uniform application of technologies and best practices


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Move towards standards

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STANDARDS


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• The standards must be related to the Agency activities with respect to

recognition as a means of compliance or a certification scheme

to a rule

• The standardisation body must be an international recognised

standardisation body

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General Criteria for Participation


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Organisations

• ICAO

• ASTM

• ARINC

• European Standardisation Organisations (CEN/ETSI/ECSS)

• EUROCAE

• IATA

• SAE


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II. EASA’s Roles in Certification


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EASA’s role in the EU

EASA is a Technical Agency of the EUEU Aviation Authority for Safety and Environment

By EU law, EASA:Proposes EU-Aviation RegulationsCertifies Aircraft, Parts and Appliances Standardises OrganisationsAccredits EU AuthoritiesMaintains Oversight


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Certification Process

• 1• Application

• 2• Certification Basis

• 3• Demonstration of Compliance

• 4• Issuance of Certificate

• 5• Continuing Airworthiness


Des

ign

Org

anis

ation

App

rova

l

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Types Certificates

Permits to Fly may be granted for Test Flights Flight Conditions are approved by EASAPermits to Fly are granted by MS based on FCsAnnex II Aircraft under full oversight of Member States

Restricted Type Certificates may be granted for limited series and contingent operationswhen Essential Requirements cannot be met


27

III. Status and Proposed Approaches


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EASA is in touch with most EU stakeholders and some US developers

EASA has been working on possible approaches

Approaches presented to stakeholders via several media (publications, review of papers, conferences, workshops, direct contacts…)

Status of EASA Activities for Suborbital and Orbital Aircraft (SOA) Operations in the EU


29

Proposed Regulatory Approaches (1/2)

0. Member States Regulate:• MS to develop own regulations: no harmonisation, no

interoperability, legal framework TBD• EU to ensure compatibility with EU/Aviation laws

1. Member States with EASA involvement:• EASA cooperates with MS to ensure safety/environment and

foster harmonisation

2. Association of States (=JARSOA):• International, with EASA participation• Rules to be implemented at National Level

3. EU Policy for SOA (=UAS): • Guidance to MS, Designers, Manufacturers and Operators• No legal framework


30

Proposed Approaches (2/2)

4. “Light” Process• Essential Requirements • National Implementing Rules and Technical requirements• No full harmonisation, responsibility with MS

5. Full set of Rules for SoA• Following EASA established rules and processes• With provisions for High Altitude/High Speed Transportation

Aircraft (HST)

6. Phased approach (e.g: 1+2+3+4+5)• Progressive implementation along with projects development• Full set of rules published at maturity

7. Full set of Rules for Sub-orbital, Orbital and HST• Covering full spectrum from Ground to Orbit and A-B• Long and comprehensive process (~10 years)


31

The European Commission is currently reviewing options

Development will start as soon as decision is taken

Actual Work on SoA has started!


32

IV. Proposed Cooperation


3326 May 2013

EU Context

CAA-UK/UKSARoadmap <31 March 2013First Meeting with Industry 30 April 2013EASA participating in Review GroupRules to accommodate SoA <31 March 2014

CAA-SwedenInitial Contacts in 2009Update on Governmental Action to host SoA under a special regimeMonitoring


3426 May 2013

International Context

ICAOWorking Arrangement initialled on 17 May 2013 in Cologne on Continuous Monitoring Activities between EASA and ICAO

FAAPermanent contacts at working level

Official Cooperation to be started with FAA/FAA-ASTHarmonisation on ER+Technical RequirementsScope limited to SOA (not rockets)

CAASEADS-Demonstrator 2014 in ChangiRules to accommodate SoA <2018


35

Proposed Cooperative Framework (1/2)

Under the frame of ICAO/UNCOPUOSICAO Concept of Sub-orbital flights C-WP/12436 of 2005

Letter to UNCOPUOS 17 March 2010Next ICAO General Assembly Oct 2013

UNCOPUOS Legal SubcommitteeConference Room Paper A/AC.105/C.2/2010/CRP.9

In full coordination withEuropean CommissionEU-Member States

In cooperation with FAA-HQ and –AVSE.g.: Safety Management SystemsPossible future Extension of BASA to SoA



Proposed Cooperative Framework (2/2)

On Essential RequirementsBased on EASA Basic Regulation ERs, adaptedCould be also based on 14.CFR.400 series

On Technical RequirementsBased on respective projectsFollowing a CS+AMC/GM structureTaking into account existing Standards

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V. Conclusions



Conclusions (1/3)

EASA has studied and submitted several options to the Commission to allow SOA flights in the EU

EASA is getting prepared to receive applications for the certification of SOA projects

26 May 2013


Conclusions (2/3)

An EU-framework exist

Actual Work on SOA has started

Option to be decided soon

26 May 2013


Conclusions (3/3)

Whatever the option, EASA wants and needs to cooperate with NAAs, NSAs and Stakeholders

on the subject of Sub-orbital and Orbital Aircraft Flights

26 May 2013

41

Questions?

Thank you for your attention!


Thank you for your attention

Do not hesitate to contact us

for any further information

EASA Focal Point:

[email protected]


Backup Slides

Thank you for your attention!

26 May 2013


EASA competence: for aircraft

Aircraft definition in ICAO Ann. 6 & 8:“Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface”

Machines able to fly in the atmosphere sustained by wings are aircraft Aircraft includes: Aeroplanes (fixed wings), Rotorcraft (rotating wings

and VTOL) and Balloons (incl. Stratospheric Balloons) Rockets and Orbital Operations are in the competence of MS

(EU)216/2008 Article 1: Aircraft under EASA scope need to be certified for their design,

production, maintenance and operations, as well as the personnel and organisations in charge of those.

26 May 2013


those listed in Annex II of the Basic Regulation:Historic aircraftResearch, experimental or scientific aircraftAmateur builtFormer military aircraft« light » aircraft

e.g. MTOM < 450 Kg for a two-seater aeroplane« light » gliders (MEM < 100 Kg)« replicas »

and those used for State missions

e.g. Police, Rescue, Military, etc…

All aircraft are in the EASA competence except…

26 May 2013


EASA’s Role in Certification

(EU)216/2008 (EASA Basic Regulation) Article 3:e) ‘Certification’ shall mean any form of recognition that a product,

part or appliance organisation or person complies with the applicable requirements…

f) ‘certificate’ shall mean any approval, license or other document issued as the result of certification

By EU delegation, EASA is in charge of certifying all aircraft designed and produced in the EU and/or operated in the EU by EU operators (Article 9)

Certification shall be performed in accordance with applicable requirements and/or standards, following established processes and based on return of experience and safety recommendations

Third Countries certifications may be accepted only in the frame of EU or Bilateral Aviation Safety Agreements (BASA)(Art.12)

26 May 2013


EASA’s Certification Process

EASA is due to accept and process in due time all properly established applications for certification of aircraft, parts and appliances

Large/Complex Aircraft: <5 yearsGeneral Aviation/Non Complex Aircraft: <3 years

Certification is financed by Fees and Charges (EC)593/2008 Indexed yearly on June 1stbased on MTOM for Airworthiness

E.g.: Fixed Wing Aircraft >5,7 tons and <22 tons:Flat Fee: 1.060.000 €Yearly fee: 17.000 € for EU designs, 5.700 € for non-EU designs

E.g.: Propulsion > 25 kNFlat Fee: 365.000 €Yearly fee: 40.000 € for EU design, 13.000 € for non EU designs

26 May 2013


EASA’s Technical Role

When no technical requirements exist (unusual or novel design) the Certification Basis is existing requirements, complemented with Special Conditions

Cooperative research frameworks may be proposed prior to application to investigate possible regulatory framework

Special Conditions are jointly defined by EASA, the applicant (and Third Country Authorities for validations)

The confidential exchange of proprietary information is covered by Certification Review Items (CRI) (=FAA’s Issue Papers)

Special Conditions are published, to ensure harmonisation and equal treatment

26 May 2013


The Parliament and the Council define the Scope of Powers transferred from the Member States to the EU

They adopt the Essential Requirements (ERs) specifying the safety objectives to be met

1st Layer: The Basic Regulation

Basic Regulation:Regulation (EC) 1592/2002 of 15 July 2002

Superseded by:

Regulation (EC) 216/2008 of 20 February 2008

Amended by:

Regulation (EC) 1108/2009 of 21 Oct 2009

• Annex I : ERs for Airworthiness

• Annex II : Excluded Aircraft• Annex III: ERs for pilot

licensing• Annex IV: ERs for air

operations• Annex V: Criteria for qualified

entities• Annex Va: ERs for Aerodromes• Annex Vb: ERs for ATM/ANS

26 May 2013


The Commission adopts measures for implementing the Essential Requirements

2nd Layer: Implementing Rules,e.g. for airworthiness

Regulation (EC) 2042/2003

on Continuing Airworthiness

Annex I (Part-M):• Continuing

Airworthiness RequirementsAnnex II (Part-145):

Maintenance Organisation Approvals

Annex III (Part-66):• AML

Annex IV (Part-147):• Training Organisation

Requirements

• Annex (Part 21)Section A: Technical Requirements

Section B: Procedures for Competent Authorities

Section A: Application Requirements

Section B: Administrative Procedures

Appendices: EASA forms

Appendices: EASA forms

Regulation (EC) 748/2012 on Airworthiness and Environmental Certification

Legally binding Directly applicable by EU

persons Processes (no technical details) Responsibilities and privileges26 May 2013


3rd Layer: the Agency’s soft law, e.g. for airworthiness

The Agency adopts non binding specifications for implementing the essential requirementsTo allow for tailored flexibility, where necessary.

• Guidance Material

• Part 21

• AMC & Guidance Material

• Parts M, 145, 66, 147

• Certification• Specifications

• AMC-20

• AMC-21

• CS-25• CS-34• CS-36• CS-E• CS-P• CS-

APU

• CS-22• CS-23• CS-27• CS-29• CS-VLA• CS-VLR

• CS AWO• CS ETSO• CS

Definitions

Special Conditions or alternative AMCs possible

26 May 2013


New domains

More Implementing Rules coming for:

• ATCO licensing published 08/2011

• Safety of ATM/ANS(including Satellite SP) 12/2011• Flight Crew Licensing• Air operations published

04/2012• Authorisation of ThirdCountry Operators (TCO)

• Safety of aerodromes by 12/2013• FCL and OPS of RPAS by 12/2016• SOA…

26 May 2013


EASA Rulemaking Process

26 May 2013

European Commission

Drafting,Comitology with scrutiny

ECRegulation4-year

Rulemaking

ProgrammeDecision

Opinion

EASA

Commission RegulationImplementing Rules

Commission RegulationImplementing Rules

EASACommittee

EASACommittee

RAG/TAG & SSCC advise the Agency during programming and rule developmentRAG/TAG & SSCC advise the Agency during programming and rule development

Member States

• 53

Phase 1Programming

Phase 2Rule

development


Rule development phases

Analyse issueand

developDraft RIA

DraftRule

PublicConsultation

Analysis of comments

and finalreview

Taskinitiation

RIA NPA(RIA)

Decisionwith CRD

Opinionwith CRD

4-year Rule

making Programme

2-6 months 3-18 months 1-3 months 2-6 months

ToRGC

ConsultRAG/TAGSSCC

If deemed necessary due to the nature of the comments received, focussed consultation (e.g. meeting with stakeholders, workshops, specific

reactions through CRT) during review of comments

Optional Technical consultation (e.g. workshop, joined meeting TAG and sub-

SSCC) before NPA publication

26 May 2013


Proposed Regulatory Approach(SOA Airworthiness)

Possibility of Limited Certification :EASA delivers Restricted Type Certificate (RTC)EU Member States to deliver Restricted Certificate of Airworthiness (RCofA)

Organisation Approvals / Certificates: Design (DOA)Production (POA)Continuous Airworthiness Management (CAMOA) Maintenance (MOA)

26 May 2013


Proposed Regulatory Approach (Special Conditions for SoA Airworthiness)

CS-23 and/or CS-25 (TBD) and CS-E + Equivalent Level of Safety (ELoS)

Classification depending on weight/fuel trade-offSafety not to be jeopardized by larger amount of fuel needed to accommodate required design features

CRIs and associated ELoS to be developed for:Rocket Propulsion and Control Systems (RPCS)FuelECSContainment of all fluids in weightlessnessIVA safety requirements…TBD depending on proposed designs and operations

26 May 2013

IASL/REMAT - Montreal, Canada - EASA 57•Slide 57

Proposed Regulatory Approach (SoA operations)

Organisation Approvals: Air Operator Certificate (AOC) for Commercial OPS

Operations:EU-OPS/ EASA-OPS with flexibility (Art. 14 BR) for EU operatorsEASA Authorization to non-EU operators flying to/from EUNational rules for operations outside EU (no EASA role)

Aerodromes and ATM/ANS:Special Conditions to be developed for “Spaceports” Procedures to be developed for Air/Space Traffic Management

Flight Crew Licensing and PAX Safety:Part-FCL with exemptions could work (Flight Test rating?)PAX Safety rules to be considered

26 May 2013

Thank you for your attentionAny questions?

accommodating sub-orbital and orbital (soa) flights in the eu

Documents

canada easa26

eu context

eu institutions

eu council

eu subsidies

eu aviation safety system26

canada easa1212scope26

canada easa6