Status of the Harmonisation of the European Regulations

in Light Aviation

Roland STUCKEGU President

Norwegian Gliding DaysElverum 28 October 2006

European Gliding Union

Founded in 199320 members70,000 pilots 22,000 glidersDeals only with regulation

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

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)

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

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 <300Kg for a single seater or 450 kg for a two seater (+ 5% with rescue system), has been declined by EASA

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)

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!

Existing Regulation Structure

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)

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)

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)

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

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

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)

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

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 RPPL„the 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

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

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 IR’s 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)

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 IR’s for the recreational PPL • Develop IR’s 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

MDM 032List of Experts

Leroy Alain EASA Certification ( Chairman)Altmann Jürgen EASAAkerstedt Hans EASFridrich Jan EMF/ EASNewby Graham PPF/ EASRoberts David EGU/EASStuck Roland EGU/EASSchuegraf Rudi EASTaddei Bertrand EMF/EASKonrad Jo IAOPAPedersen Jacob IAOPAWilson Mark ECOGASDaney Claude Alain ECOGASBarratt Reinert Christie CAA NorwayLe Cardinal Hugues DGAC FranceForbes Graham CAA UKMorier Yves EASA RulemakingSivel Eric EASA Rulemaking

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

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 *

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

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

More info

www.egu-info.org